GENERAL HISTORY NORTH AND SOUTH AMERICA, THE CELEBRATED WORK ROBERTSON; CONTINUED BY A COMPLRTK BISTORT OF THE UNITED STATES, TO THE PRESENT TIME COMPILED AND ARRANGED ** + * " Ff G.**T O M L I N S, *> Editor uf " ANCIKNT UNIVERSAL HISTORY," " THE HISTORY UP ENGLAND," 8u: 8cc. STEREOTYPE EDITION. LO N DON : PRINTED, STEREOTYPED, AND PUBLISHED, 3 Y ISAAC, TUCKEY, AND CO., 14, HENRIETTA STREET, COVENT GARDEN. 1836. BancicU '^rfJ THE HISTORY OF AMERICA PREFACE. IX fulfilling the engagement which I had come under to the public with respect to the History of America, it was my intention not to have published any part of the work until the whole was completed. The present state of the British colonies has induced me to alter that resolution. While they are engaged in civil war with Great Britain, inquiries and specu- lations concerning their ancient forms of policy and laws, which exist no longer, cannot be interesting. The attention and expectation of mankind are now turned towards their future condition. In whatever manner this unhappy contest may terminate, a new order of things must arise in North America, and its ' affairs will assume another aspect. I wait with the r> solicitude of a good citizen, until the ferment sub- ^ side, and regular government be re-established, and then I shall retuni to this part of my work, in which I had made some progress. That, together with the history of Portuguese America, and of the settle- > ments made by the several nations of Europe in the 4 West India Islands, will complete my plan. The three volumes which I now publish contain P an account of the discovery of the New World, and of the progress of the Spanish arms and colonies there. This is not only the most splendid portion ^ of the American story, but so much detached, as, by ^ itself, to form a perfect whole, remarkable for the Q unity of the subject. As the principles and maxims kOf the Spaniards in planting colonies, which have jjcieen adopted in some measure by every nation, are ^ unfolded in this part of my work, it will serve as a * proper introduction to the history of all the European establishments in America, and convey such infor- mation concerning this important article of policy, as may be deemed no less interesting than curious. In describing the achievements and institutions of the Spaniards in the New World, I have depart- ed, in many instances, from the accounts of preced- ing historians, and have often related facts which seem to have been unknown to them. It is a duty I owe the public to mention the sources from which I have derived such intelligence as justifies me either in placing transactions in a new light, or in forming any new opinion with respect to their causes and effects. This duty I perform with greater satisfac- tion, as it will afford an opportunity of expressing my gratitude to those benefactors who have honoured me with their countenance and aid in my researches. As it was from Spain that I had to expect the most important information with regard to this part of my work, I considered it as a very fortunate cir- cumstance for me, when Lord Grantham, to whom I had the honour of being personally known, and with whose liberality of sentiment and disposition to oblige I was well acquainted, was appointed HISTORY OF AMERICA, No. I, ambassador to the court of Madrid. Upon applying to him, I met with such a reception as satisfied me that his endeavours would be employed in the most proper manner, in order to obtain the gratification of my wishes ; and I am perfectly sensible, that what progress I have made in my inquiries among the Spaniards, ought to be ascribed chiefly to their knowing how much his lordship interested himself in my success. But did I owe nothing more to lord Grantham, than the advantages which I have derived from his attention in engaging Mr. Waddilove, the chaplain of his embassy, to take the conduct of my literary inquiries in Spain, the obligations I lie under to him would be very great. During five years that gentle- man has carried on researches for my behoof, with such activity, perseverance, and knowledge of the subject to which his attention was turned, as have filled me with no less astonishment than satisfaction. He procured for me the greater part of the Spanish books which I have consulted ; and as many of them were printed early in the sixteenth century, and are become extremely rare, the collecting of these was such an occupation as alone required much time and assiduity. To his friendly attention I am indebted for copies of several valuable manuscripts, containing facts and details which I might have searched for in vain in works that have been made public. En- couraged by the inviting good-will with which Mr. Waddilove conferred his favours, I transmitted to him a set of queries, with respect both to the cus- toms and policy of the native Americans, and the nature of several institutions in the Spanish settle- ments, framed in such a manner, that a Spaniard might answer them, without disclosing any thing that was improper to be communicated to a foreigner. He translated these into Spanish, and obtained from various persons who had resided in most of the Spanish colonies, such replies as have afforded me much instruction. Notwithstanding these peculiar advantages with which my inquiries were carried on in Spain, it is with regret I am obliged to add, that their success must be ascribed to the beneficence of individuals, not to any communication by public authority. By a singular arrangement of Philip II. the records of the Spanish monarchy are deposited in the Archivo of Simancas, near Valladolid, at a distance of a hun- dred and twenty miles from the seat of government, and the supreme courts of justice. The papers rela- tive to America, and chiefly to that early period of its history towards which my attention was directed, are so numerous, that they alone, according to one account, fill the largest apartment in the Archivo; aud t accordin to another, they compose eight huu- 2 PREFACE. dred and seventy-three large bundles. Conscious of possessing, in some degree, the industry which belongs to an historian, the prospect of such a trea- sure excited my most ardent curiosity. But the prospect of it is all that I have enjoyed. Spain, with an excess of caution, has uniformly thrown a veil over her transactions in America. From strangers they are concealed with peculiar solicitude. Even to her own subjects the Archive of Simancas is not opened without a particular order from the crown ; and after obtaining that, papers cannot be copied, without paying fees of office so exorbitant, that the expense exceeds what it would be proper to bestow, when the gratification of literary curiosity is the only object. It is to be hoped, that the Spaniards will at last discover this system of concealment to be no less impolitic than illiberal. From what I have expe- rienced in the course of my inquiries, I am satisfied, that upon a more minute scrutiny into their early operations in the New World, however reprehensible the actions of individuals may appear, the conduct of the nation will be placed in a more favourable light. In other parts of Europe very different sentiments prevail. Having searched, without success, in Spain, for a letter of Cortes to Charles V. written soon after he landed in the Mexican empire, which has not hitherto been published, it occurred to me, that as the emperor was setting out for Germany at the time when the messengers from Cortes arrived in Europe, the letter with which they were entrusted might pos- sibly be preserved in the imperial library of Vienna. I communicated this idea to Sir Robert Murray Keith, with whom I have long had the honour to live in friendship, and I had soon the pleasure to learn, that upon his application, her imperial majesty had been graciously pleased to issue an order, that not only a copy of that letter, (if it were found), but of any other papers in the library, which could throw light upon the History of America, should be transmitted to me. The letter from Cortes is not in the imperial library, but an authentic copy, attested by a notary, of a letter written by the magistrates of the colony planted by him at Vera Cruz, which I have mentioned, Book V. having been found, it was transcribed and sent to me. As this letter is no less curious, and as little known, as th;it which was the object of my inquiries, I have given some account, in its proper place, of what is most worthy of notice in it. To- gether with it, I received a copy of a letter from Cortes, containing a long account of his expedition to Honduras, with respect to which I did not think it necessary to enter into any particular detail ; and likewise those curious Mexican paintings, which I have described, Vol. iii. p. 23. My inquiries at St. Petersburgh were carried on with equal facility and success. In examining into the nearest communication between our continent and that of America, it became of consequence to obtain authentic information concerning the dis- coveries of the Russians in their navigation from Kamschatka towards the coast of America. Accu- rate relations of their first voyage, in 1741, have been published by Muller and Gmelin. Several foreign authors have entertained an opinion, that the court of Russia studiously conceals the progress which has been made by more recent navigators, and suffers the public to be amused with false accounts of their route. Such conduct appeared to me unsuitable to those liberal sentiments, and that patronage oi science, for which the present sovereign of Russia is eminent; nor could I discern any political reason that might render it improper to apply for informa- tion concerning the late attempts of the Russians to open a communication between Asia and America. My ingenious countryman, Dr. Rogerson, first phy- sician to the empress, presented my request to lu-r imperial majesty, who not only disclaimed any idea of concealment, 'but instantly ordered the journal of Captain Krenitzin,who conducted the only voyage of discovery made by public authority since the y-;ir 1741, to be translated, and his original chart to be copied for my use. By consulting them, I have been enabled to give a more accurate view of the progress and extent of the Russian discoveries, than has hitherto been communicated to the public. From other quarters I have received information of great utility and importance. M. le Chevalier de Pinto, the minister from Portugal to the court of Great Britain, who commanded for several years at Matagrosso, a settlement of the Portuguese in the interior part of Brazil, where the Indians are nume- rous, and their original manners little altered by intercourse with Europeans, was pleased to send me very full answers to some queries concerning the character and institutions of the natives of America, which his polite reception of an application made to him in my name, encouraged me to propose. These satisfied me, that he had contemplated with a dis- cerning attention the curious objects which his situation (presented to his view, and I have often followed him as one of my best instructed guides. M. Suard, to whose elegant translation of the History of the Reign of Charles V. I owe the favour- able reception of that work on the continent, pro- cured me answers to the same queries from M. de Bougainville, who had opportunities of observing the Indians both of North and South America, and from M. Godin le Jeune, who resided fifteen years among the Indians in Quito, and twenty years in Cayenne. The latter are more valuable from having been examined by M. de laCondamine, who, a few weeks before his death, made some short additions to them, which may be considered as the last effort of that attention to science which occupied a long life. My inquiries were not confined to one region in America. Governor Hutchinson took the trouble of recommending the consideration of my queries to Mr. Hawley and Mr. Brainerd, two protestant missionaries employed among the Indians of the Five Nations, who favoured me with answers which discover a considerable knowledge of the people whose customs they describe. From William Smith, Esq. the ingenious historian of New York, I re- ceived some useful information. When I enter upon the History of our Colonies in North America, I shall have occasion to acknowledge how much I have been indebted to many other gentlemen of that country. From the valuable collection of voyages made by Alexander Dalrymple, Esq. with whose attention to the history of navigation and discovery the public is well acquainted, I have received some very rare books, particularly two large volumes of memorials, partly manuscript, and partly in print, which were presented to the Court of Spain during the reigns of Philip III. and Philip IV. From these I have learned many curious particulars with respect to the interior state of the Spanish colonies, and the various schemes formed for their improvement. As this collection of memorials formerly belonged to the Colbert Library, I have quoted them by that title. All those books and manuscripts I have consulted THE HISTORY OP AMERICA. with that attention which the respect duo from an author to the public requires ; and by minute re- ferences to them, I have endeavoured to authen- ticate whatever I relate. The longer I reflect on the nature of historical composition, the more I am con- vinced that this scrupulous accuracy is necessary. The historian who records the events of his own time, is credited in proportion to the opinion which the public entertains with respect to his means of information and his veracity. He who delineates the transactions of a remote period, has no title to claim assent, unless he produces evidence in proof of his assertions. Without this, he may write an amusing tale, but cannot be said to have composed an authentic history. In these sentiments I have been confirmed by the opinion of an author, whom his industry, erudition, and discernment, have de- servedly placed in a high rank among the most eminent historians of the are. Imboldened by a hint from him, I have published a catalogue of the Spanish books which I have consulted. This prac- tice was frequent in the last century, and was con- sidered as an evidence of laudable industry in an author ; in the present, it may, perhaps, be deemed the effect of ostentation ; but, as many of these books are unknown in (treat Britain, I could not otherwise have referred to them as authorities, with- out encumbering the page with an insertion of their full titles. To any person who may choose to follow me in this path of inquiry, the catalogue must be very useful. My readers will observe, that in mentioning sums of money, I have uniformly followed the Spanish method of computing by pe*o$. In America, the peso fuerte, or duro is the only one known; and that is always meant when any sum imported from America is mentioned. The peso fuerte, as well as other coins, has varied in its numerary value ; but I have been advised, without attending to such minute variations, to consider it as equal to four shillings and sixpence of our money. It is to be remembered, however, that in the sixteenth century the effective value of a peso, t. e. the quantity of labour which it represented, or of goods which it would purchase, was five or six times as much as at present. POSTCRIPT. Since this edition was put into the press, a History of Mexico, in two volumes in quarto, trans- lated from the Italian of the Abb6 D. Francesco Saverio Clavigero, has been published. From a person who is a native of New Spain, who has re- sided forty years in that country, and who is ac- quainted with the Mexican language, it was natural to expect much new information. Upon perusing his work, however, I find that it contains hardly any addition to the ancient History of the Mexican Em- pire, as related by Acosta and Horrera, but what is derived from the improbable narratives and fanciful conjectures of Torquemada and Boturini. Having copied their splendid descriptions of the high state of civilization in the Mexican Empire, M. Clavigero, in the abundance of his zeal for the honour of his native country, charges me with having mistaken some points, and with having misrepresented others, in the history of it. When an author is conscious of having exerted industry in research, and impar- tiality in decision, he may, without presumption, claim what praise is due to these qualities, and he cannot be insensible to any accusation that tends to weaken the force of his claim. A feeling of this kind has induced me to examine such strictures of M. Clavigero on my History of America as merited any attention, especially as these are made by one who seemed to possess the means of obtaining ac- curate information ; and to show that the greater part of them is destitute of any just foundation. This I have in notes upon the passages in my His- tory which gave rise to his criticism*. COLLEGE OF EDINBURGH, March 1, 1788. THE HISTORY OF AMERICA. BOOK I. THE progress of men in discovering and peopling the various parts of the earth, has been extremely slow. Several ages elapsed before they removed far from those mild and fertile regions in which they were originally placed by their Creator. The occa- sion of their first general dispersion is known ; but we are unacquainted with the course of their migra- tions, or the time when they took possession of the different countries which they now inhabit. Neither history nor tradition furnish such information con- cerning those remote events, as enables us to trace, with any certainty, the operations of the human race in the infancy of society. We may conclude, however, that all the early migrations of mankind were made by land. The ocean, which surrounds the habitable earth, as well as the various arms of the sea which separate one re- gion from another, though destined to facilitate the communication between distant countries, seem, at first view, to be formed to check the progress of man, and to mark the bounds of that portion of the globe to which nature had confined him. It was long, we may believe, before men attempted to pass these formidable barriers, and became so skilful and adventurous as to trust themselves to the mercy of the winds and waves, or to quit their native shores in auest of remote and unknown regions. Navigation and ship-building are arts so nice and complicated, that they require the ingenuity, as well THE HISTORY OF AMERICA. as experience, of many successive ages to bring them to any degree of perfection. From the raft or canoe, which first served to carry a savage over the river that obstructed him in the chase, to the construction of a vessel capable of conveying a numerous crew with safety to a distant coast, the progress in improvement is immense. Many efforts would be made, many experi- ments would be tried, and much labour as well as invention would be employed, before men could ac- complish this arduous and important undertaking. The rude and imperfect state in which navigation is still found among all nations which are not consi- derably civilized, corresponds with this account of its progress, and demonstrates that, in early times, the art was not so far improved as to enable men to undertake distant voyages, or to attempt remote discoveries. As soon, however, as the art of navigation be- came known, a new species of correspondence among men took place. It is from this era that we must date the commencement of such an intercourse be- tween nations as deserves the appellation of com- merce. Men are, indeed, far advanced in improve- ment before commerce becomes an object of great importance to them. They must even have made some considerable progress towards civilization, be- fore they acquire the idea of property, and ascertain it so perfectly as to be acquainted with the most simple of all contracts, that of exchanging by barter one rude commodity for another. But as soon as this important right is established, and every indivi- dual feels that he has an exclusive title to possess or to alienate whatever he has acquired by his own labour and dexterity, the wants and ingenuity of his natui'e suggest to him a new method of increasing his acquisitions and enjoyments, by disposing of what is superfluous in his own stores, in order to procure what is necessary or desirable in those of other men. Thus a commercial intercourse begins, and is carried on among the members of the same community. By degrees, they discover that the neighbouring tribes possess what they themselves want, and enjoy comforts of which they wish to partake. In the same mode, and upon the same principles, that domestic traffic is carried on within the society, an external commerce is established with other tribes or nations. Their mutual interest and mutual wants render this intercourse desirable, and imperceptibly introduce the maxims and laws which facilitate its progress and render it secure. But no very extensive commerce can take place between contiguous provinces, whose soil and climate being nearly the same, yield similar productions. Remote countries cannot convey their commodities by land to those places where, on account of their rarity, they are desired, and become valuable. It is to na- vigation that men are indebted for the power of transporting the superfluous stock of one part of the earth to supply the wants of another. The luxuries and blessings of a particular climate are no longer confined to itself alone, but the enjoyment of them is communicated to the most distant regions. In proportion as the knowledge of the advantages derived from navigation and commerce continued to spread, the intercourse among nations extended. The ambition of conquest, or the necessity of pro- curing new settlements, were no longer the sole motives of visiting distant lands. The desire of gain became a new incentive to activity, roused adven- turers, and sent them forth upon long voyages, in search of countries, whose products or wants might increase that circulation which nourishes and gives 'igour to commerce. Trade proved a great source >f discovery, it opened unknown seas, it penetrated nto new regions, and contributed more than any other cause to bring men acquainted with the situa- tion, the nature, and commodities of the different parts of the globe. But even after a regular com- merce was established in the world, after nations were considerably civilized, and the sciences and arts were cultivated with ardour and success, navi- gation continued to be so imperfect, that it can hardly be said to have advanced beyond the infancy of its improvement in the ancient world. Among all the nations of antiquity, the structure of their vessels was extremely rude, and their method of working them very defective. They were unacquainted with several principles and operation* in navigation, which are now considered as the first elements on which that science is founded. Though that property of the magnet, by which it attracts iron, was well known to the ancients, its more im- portant and amazing virtue of pointing to the poles had entirely escaped their observation. Destitute of this faithful guide, which now conducts the pilot with so much certainty in the unbounded ocean, during the darkness of night, or when the heavens are covered with clouds, the ancients had no other method of regulating their course than by observing the sun and stars. Their navigation was of conse- quence uncertain and timid. They durst seldom quit sight of land, but crept along the coast, exposed to all the dangers, and retarded by all the obstruc- tions, unavoidable in holding such an awkward course. An incredible length of time was requisite for performing voyages, which are now finished in a short space. Even in the mildest climates, and in seas the least tempestuous, it was only during the summer months that the ancients ventured out of their harbours. The remainder of the year was lost in inactivity. It would have been deemed most in- considerate rashness to have braved the fury of the winds and waves during winter. While both the science and practice of navigation continued to be so defective, it was an undertaking of no small difficulty- and danger to visit any remote region of the earth. Under every disadvantage, however, the active spirit of commerce exerted itself. The Egyptians, soon after the establishment of their monarchy, are said to have opened a trade between the Arabian gulf or Red sea, and the western coast of the great Indian continent. The commodities which tliey imported from the East, were carried by land from the Arabian gulf to the banks of the Nile, and conveyed down that river to the Mediterranean. But if the Egyptians in earlier times applied them- selves to commerce, their attention to it was of short duration. The fertile soil and mild climate of Egypt produced the necessaries and comforts of life with such profusion, as rendered its inhabitants so independent of other countries, that it became an established maxim among that people, whose ideas and institutions differed in almost every point from those of other nations, to renounce all intercourse with foreigners. In consequence of this, they never went out of their own country; they held all sea- faring persons in detestation, as impious and pro- fane ; and fortifying their own harbours, they denied strangers admittance into them. It was in the decline of their power, and when their veneration for ancient maxims had greatly abated, that they again opened their ports, and resumed any commu- nication with foreigners. The character and situation of the Phenicians THE HISTOttY OF AMERICA. were as favourable to the spirit of commerce and discovery as those of the Egyptians were adverse to it. They had no distinguishing peculiarity in their manners and institutions ; they were not addicted to any singular and unsocial form of supersition ; they could mingle with other nations without scruple or reluctance. The territory which they possessed was neither large nor fertile. Commerce was the only source from which they could derive opulence or power. Accordingly the trade carried on by the Phenicians of Sidon and Tyre was more extensive and enterprising than that of any state in the ancient world. The genius of the Phenicians, as well as the object of their policy and the spirit of their laws, were entirely commercial. They were a people of merchants, who aimed at the empire of the sea, and actually possessed it. Their ships not only fre- quented all the ports in the Mediterranean, but they were the first who ventured beyond the ancient boundaries of navigation, and, passing the Straits of Gades, visited the western coasts of Spain and Africa. In many of the places to which they re- sorted, they planted colonies, and communicated to the rude inhabitants some knowledge of their arts and improvements. While they extended their dis- coveries towards the north and west, they did not neglect to penetrate into the more opulent and fertile regions of the south and east. Having rendered themselves masters of several commodious harbours towards the bottom of the Arabian gulf, they, after the example of the Egyptians, established a regular intercourse with Arabia and the continent of India on the one hand, and with the eastern coast of Africa on the other. From these countries they imported many valuable commodities unknown to the rest of the world, and, during a long period, en- grossed that lucrative branch of commerce without a rival (See Note 1 ). The vast wealth which the Phenicians acquired by monopolizing the trade carried on in the Red sea, inciteil their neighbours the Jews, under the prosper- ous reigns of David and Solomon, to aim at being admitted to some share of it. This they obtained, partly by their conquest of Idumea, which stretches along the Reel sea, and partly by their alliance with Hiram, king of Tyre. Solomon fitted out fleets, which, under the direction of Phenician pilots, sailed from the Red sea to Tarshish and Ophir. These, it is probable, were ports in India and Africa, which their conductors were accustomed to frequent, and from them the Jewish ships returned with such valuable cargoes as suddenly diffused wealth and splendour through the kingdom of Israel. But the singular institutions of the Jews, the observance of which was enjoined by their divine Legislator, with an intention of preserving them a separate people, uninfected by idolatry, formed a national character, incapable of that open and liberal intercourse with strangers which commerce requires. Accordingly, this unsocial genius of the people, together with the disasters which befell the kingdom of Israel, pre- vented the commercial spirit, which their monarchs laboured to introduce and to cherish, from spreading among them. The Jews cannot be numbered among the nations which contributed to improve navigation or to extend discovery. But though the instructions and example of the Phenicians were unable to mould the manners anc temper of the Jews, in opposition to the tendency o their laws, they transmitted the commercial spirit with facility, and in full vigour, to their own de- scendants the Carthaginians. The commonwealth o Carthage applied to trade and to naval affairs, with 10 less ardour, ingenuity, and success, than its parent tate. Carthage early rivalled and soon surpassed L'yre in opulence and power, but seems not to have .imed at obtaining any share in the commerce with ndia. The Phenicians had engrossed this, and had such a command of the Red sea as secured to them he exclusive possession of that lucrative branch of rade. The commercial activity of the Carthaginians was exerted in another direction. Without contend- ng for the trade of the East with their mother- ountry, they extended their navigation chiefly to- wards the west and north. Following the course hich the Phenicians had opened, they passed the Straits of Gades, and pushing their discoveries far beyond those of the parent state, visited not only all ;he coasts of Spain, but those of Gaul, and pene- trated at last into Britain. At the same time that they acquired knowledge of new countries in this part of the globe, they gradually carried their re- searches towards the south. They made considerable progress, by land, into the interior provinces of Africa, traded with some of them, and subjected others to their empire. They sailed along the western coast of that great continent, almost to the tropic of Cancer, and planted several colonies, in order to civilize the natives, and accustom them to commerce. They discovered the Fortunate Islands, now known by the name of the Canaries, the utmost boundary of ancient navigation in the western ocean. Nor was the progress of the Phenicians and Car- thaginians in their knowledge of the globe owing entirely to the desire of extending their trade from one country to another. Commerce was followed by its usual effects among both these people. It awakened curiosity, enlarged the ideas and desires of men, and incited them to bold enterprises. Voyages were undertaken, the sole object of which was to discover new countries, and to explore unknown seas. Such, during the prosperous age of the Carthaginian re- public, were the famous navigations of Hannoand Hiiu- lico. Both their fleets were equipped by authority of the senate, and at public expense. Hanno was directed to steer towards the south, along the coast of Africa, and he seems to have advanced much nearer the equinoctial line than any former navigator. Himlico had it in charge to proceed towards the north, and to examine the western coasts of the European conti- nent. Of the same nature was the extraordinary navigation of the Phenicians round Africa. A Phe- nician fleet, we are told, fitted out by Necho, king of Egypt, took its departure about six hundred and four years before the Christian era, from a port in the Red sea, doubled the southern promontory of Africa, and, after a voyage of three years, returned by the Straits of Gades to the mouth of the Nile. Eu- doxus of Cyzicus is said to have held the same course, and to have accomplished the same arduous undertaking. These voyages, if performed in the manner which I have related, may justly be reckoned the greatest effort of navigation in the ancient world ; and if we attend to the imperfect state of the art at that time, it is diflicult to determine, whether we should most admire the courage and sagacity with which the design was formed, or the conduct and good fortune with which it was executed. But unfortunately all the authentic and original accounts of the Phenician and Carthaginian voyages, whether undertaken by- public authority, or in prosecution of their private trade, have perished. The information which we receive concerning them from the Greek and Roman THE HISTORY OF AMERICA. authors, is not only obscure and inaccurate, but, if we except a short narrative of Hanno's expedition, is of suspicious authority (2). Whatever acquaint- ance with the remote regions of the earth the Phenicians and Carthaginians may have acquired, was concealed from the rest of mankind with a mercantile jealousy. Every thing relative to the course of their naviga- tion was not only a mystery of trade, but a secret of state. Extraordinary facts are related concerning their solicitude to prevent other nations from pene- trating into what they wished should remain undi- rulged. Many of their discoveries seem, accordingly, to have been scarcely known beyond the precincts of their own states. The navigation round Africa, in particular, is recorded by the Greek and Roman writers, rather as a strange amusing tale, which they did not comprehend, or did believe, than as a real trans- action, which enlarged their knowledge and influ- enced their opinions. As neither the progress of the Phenician or Carthaginian discoveries, nor the extent of their navigation, were communicated to the rest of mankind, all memorials of their extraordinary skill in naval affairs seem, in a great measure, to have perished, when the maritime power of the former was annihilated by Alexander's conquest of Tyre, and the empire of the latter was overturned by the Roman arms. Leaving, then, the obscure and pompous accounts of the Phenician and Carthaginian voyages to the curiosity and conjectures of antiquaries, history must rest satisfied with relating the progress of navigation and discovery among the Greeks and Romans, which, though less splendid, is better ascertained. It is evi- dent that the Phenicians, who instructed the Greeks in many other useful sciences and arts, did not com- municate to them that extensive knowledge of navi- gation which they themselves possessed; nor did the Romans imbibe that commercial spirit and ardour for discovery which distinguished their rivals the Carthaginians. Though Greece be almost encom- passed by the sea, which formed many spacious bays and commodious harbours ; though it be surrounded by a great number of fertile islands, yet, notwith- standing such a favourable situation, which seemed to invite that ingenious people to apply themselves to navigation, it was long before this art attained any degree of perfection among them. Their early voyages, the object of which was piracy rather than commerce, were so inconsiderable, that the expedi- tion of the Argonauts from the coast of Thessaly to the Euxine sea, appeared such an amazing effort of skill and courage, as entitled the conductors of it to be ranked among the demigods, and exalted the ves- sel in which they sailed to a place among the heavenly constellations. Even at a later period, when the Greeks engaged in their famous enterprise against Troy, their knowledge in naval affairs seems not to have been much improved. According to the ac- count of Homer, the only poet to whom history ventures to appeal, and who, by his scrupulous ac- curacy in describing the manners and arts of early ages, merits this distinction, the science of naviga- tion, at that time, had hardly advanced beyond its rudest state. The Greeks in the heroic age seem to have been unacquainted with the use of iron, the most serviceable of all the metals, without which no considerable progress was ever made in the mechani- cal arts. Their vessels were of inconsiderable bur- den, and mostly without decks. They had only one mast, which was erected or taken down at pleasure. They were strangers to the use of anchors. All their operations in sailing were clumsy and unskilful. , They turned their observation towards stars, which were improper for regulating their course, and their mode of observing them was inaccurate and fallaci- ous. When they had finished a voyage they drew their paltry barks ashore, as savages do their canoes, and these remained on dry land until the season of returning to sea approached. It is not then in the early or heroic ages of Greece that we can expect to observe the science of navigation, and the spirit of discovery, making any considerable progress. Dur- ing that period of disorder and ignorance, a thousand causes concurred in restraining curiosity and enter- prise within very narrow bounds. But the Greeks advanced with rapidity to a state of greater civilization and refinement. Government, in its most liberal and perfect form, began to be established in their different communities ; equal laws and regular police were gradually introduced ; the sciences and arts which are useful or ornamental in life were carried to a high pitch of improvement, and several of the Grecian commonwealths applied to commerce with such ardour and success, that they were considered, in the ancient world, as maritime powers of the first rank. Even then, however, the naval victories of the Greeks must be ascribed rather to the native spirit of the people, and to that courage which the enjoyment of liberty inspires, than to any extraordinary progress in the science of navigation. In the Persian war, those exploits which the genius of the Greek historians has rendered so famous, were performed by fleets, composed chiefly of small ves- sels without decks ; the crews of which rushed for- ward with impetuous valour, but little art, to board those of the enemy. In the war of Peloponnesus, their ships seem still to have been of inconsiderable burden and force. The extent of their trade, how highly soever it may have been estimated in ancient times, was in proportion to this low condition of their marine. The maritime states of Greece hardly carried on any commerce beyond the limits of the Mediterranean sea. Their chief intercourse was with the colonies of their countrymen, planted in the Lesser Asia, in Italy and Sicily. They sometimes visited the ports of Egypt, of the southern provinces of Gaul, and of Thrace, or, passing through the Hellespont, they traded with the countries situated around the Euxine sea. Amazing instances occur of their ignorance even of those countries which lay within the narrow precincts to which their naviga- tion was confined. When the Greeks had assembled their combined fleet against Xerxes at Egina, they thought it unadvisable to sail to Samos, because they believed the distance between that island and Egina to be as great as the distance between Egina and the pillars of Hercules. They were either utterly un- acquainted with all the parts of the globe beyond the Mediterranean sea, or what knowledge they had of them was founded on conjecture, or derived from the information of a few persons, whom curiosity and the love of science had prompted to travel by land into the Upper Asia, or by sea into Egypt, the ancient seats of wisdom and arts. After all that the Greeks learned from them, they appear to have been ignorant of the most important facts, on which an accurate and scientific knowledge of the globe is founded. The expedition of Alexander 'the Great into the East, considerably enlarged the sphere of navigation and geographical knowledge among the Greeks. That extraordinary man, notwithstanding the vio- lent passions which incited him, at some times, to the wildest actions, and the most extravagant enter- THE HISTORY OF AMERICA. prises, possessed talents which fitted him not only to conquer but to govern the world. He was ca- pable of framing those bold and original schemes of policy, which gave a now form to human affairs. The revolution in commerce, brought about by the force of his genius, is hardly inferior to that revolu- tion in empire, occasioned by the success of his arms. It is probable, that the opppsition and efforts of the republic of Tyre, which checked him so long in the career of his victories, gave Alexander an opportunity of observing the vast resources of a maritime power, and conveyed to him some idea of the immense wealth which the Tyrians derived from their com- merce, especially that with the East Indies. As sr>on as he had accomplished the destruction of Tyre, and reduced Egypt to subjection, he formed the plan of rendering the empire which he proposed to estab- lish, the centre of commerce as well as the seat of dominion. With this view he founded a great city, which he honoured with his own name, near one of the mouths of the river Nile, that by the Mediterranean sea, and the neighbourhood of the Arabian gulf, it might command the trade both of the East and West. This situation was chosen with such discernment, that Aleiandria soon became the chief commercial city in the world. Not only during the subsistence of th<> Grecian empire in K<:ypt and in the East, but amidst all the successive revolutions in those coun- tries from the time of the Ptolemies to the discovery of the navigation by the Cape of Good Hope, com- merce, particularly that of the East Indies, continued to flow in the channel which the sagacity and fore- sight of Alexander had marked out for it. His ambition was not satisfied with having opened to the Greeks a communication with India by sea ; he aspired to the sovereignty of those regions which furnished the rest of mankind with so many precious commodities, and conducted his army thither by land. Enterprising, however, as he was, he may be said rather to have viewed than to have conquered that country. He did not, in his progress toward the East, advance beyond the banks of the rivers that fall into the Indus, which is now the western boun- dary of the vast continent of India. Amidst the wild exploits which distinguish this part of his history, he pursued measures that mark the superiority of his genius as well as the extent of his views. He had pene- trated as far into India as to confirm his opinion of its commercial importance, and to perceive that immense wealth might bo derived from intercourse with a country, where the arts of elegance, having been more early cultivated, were arrived at greater perfection than in any other part of the earth. Full of this idea, he re- solved to examine the course of navigation from the mouth of the Indus to the bottom of the Persian gulf; and, if it should be found practicable, to establish a regular communication between them. In order to effect this, he proposed to remove the cataracts, with which the jealousy of the Persians, and their aversion to correspondence with foreigners, had obstructed the entrance into the Euphrates ; to carry the commodities of the East up that river and the Tigris, which unites with it, into the interior parts of his Asiatic domi- nions ; while, by the way of the Arabian gulf, and the river Nile, they might be conveyed to Alexandria, and distributed to the rest of the world. Nearchus, an officer of eminent abilities, was intrusted with the command of the fleet fitted out for this expedition. He performed this voyage, which was deemed an en- terprise so arduous and important, that Alexander reckoned it one of the most extraordinary events which distinguished his reign. Inconsiderable as it may now appear, it was , at that time, an undertaking of no little merit and difficulty. In the prosecution of it, striking instances occur of the small progress which the Greeks had made in naval knowledge (4). Having never sailed beyond the bounds of the Me- diterranean, where the ebb and flow of the sea are hardly perceptible, when they first observed this phe- nomenon at the mouth of the Indus, it appeared to them a prodigy, by which the gods testified the dis- pleasure of heaven against their enterprise (5). During their whole course, they seem never to have lost sight of land, but followed the bearings of the coast so servilely, that they could not much avail themselves of those periodical winds which facili- tate navigation in the Indian ocean. Accordingly, they spent no less thati ten months in performing this voyage, which, from the mouth of the Indus to that of the Persian gulf, does not exceed twenty degrees. It is probable, that, amidst the violent convulsion* and frequent revolutions in the East, occasioned by the contests among the successors of Alexander, the navigation to India by the course which Nearchus had opened was discontinued. The Indian trade carried on at Alexandria, not only sub- sisted, but was so much extended under the Grecian monarch* of Egypt, that it proved a great source of the wealth which distinguished their kingdom. The progress which the Romans made in naviga- tion and discovery, was still more inconsiderable than that of the Greeks. The genius of the Roman people, their military education, and the spirit of their laws, concurred in estranging them from com- merce and naval affairs. It was the necessity of opposing a formidable rival, not the desire of extend- ing trade, which first prompted them to aim at maritime power. Though they soon perceived that in order to acquire the universal dominion after which they aspired, it was necessary to render them- selves masters of the sea, they still considered the naval service as a subordinate station, and reserved for it such citizens as were not of a rank to be ad- mitted into the legions. In the history of the Ro- man Republic, hardly one event occurs that marks attention to navigation any further than as it was instrumental towards conquest. When the Roman valour and discipline had subdued all the maritime states known in the ancient world ; when Carthage, Greece, and Egypt, had submitted to their power, the Romans did not imbibe the commercial spirit of the conquered nations. Among that people of sol- diers, to have applied to trade would have been deemed a degradation of a Roman citizen. They abandoned the mechanical arts, commerce, and navi- gation, to slaves, to freed-men, to provincials, and to citizens of the lowest class. Even after the subver- sion of liberty, when the severity and haughti- ness of ancient manners began to abate, commerce did not rise into high estimation among the Romans. The trade of Greece, Egypt, and the other conquered countries, continued to be carried on in its usual channels, after they were reduced into the form of Roman provinces. As Rome was the capital of the world, and the seat of government, all the wealth and valuable productions of the provinces flowed naturally thither. The Romans, satisfied with this, seem to have suffered commerce to remain almost entirely in the hands of the natives of the respective countries. The extent, however, of the Roman power, which reached over the greatest part of the known world, the vigilant inspection of the Roman magistrates, and the spirit of the Roman govern- ment, no less intelligent than active, gave such THE HISTORY OF AMERICA. additional security to commerce, as animated it with new vigour. The union among nations was never so entire, nor the intercourse so perfect, as within the hounds of this vast empire. Commerce, under the Roman dominion, was not obstructed by the jealousy of rival states, interrupted by frequent hostilities, or limited by partial restrictions. One superintending power moved and regulated the in- dustry of mankind, and enjoyed the fruits of their joint efforts. Navigation felt this influence, and improved under it. As soon as the Romans acquired a taste for the luxuries of the East, the trade with India through Egypt was pushed with new vigour, and carried on to greater extent. By frequenting the Indian con- tinent, navigators became acquainted with the pe- riodical course of the winds, which, in the ocean that separates Africa from India, blow with little variation during one half of the year from the east, and during the other half blow with equal steadi- ness from the west. Encouraged by observing this, the pilots who sailed from Egypt to India, abandon- ed their ancient slow and dangerous course along the coast, and as soon as the western monsoon set in, took their departure from Ocelis, at the mouth of the Arabian Gulf, and stretched boldly across the ocean. The uniform direction of the wind sup- plying the place of the compass, and rendering the guidance of the stars less necessary, conducted them to the port of Musiris, on the western shore of the Indian continent. There they took on board their cargo, and returning with the eastern monsoon, finished their voyage to the Arabian Gulf within the year. This part of India, now known by the name of the Malabar coast, seems to have been the utmost limit of ancient navigation in that quarter of the globe. What imperfect knowledge the ancients had of the immense countries which stretch beyond this towards the east, they received from a few adven- turers, who had visited them by land. Such excur- sions were neither frequent nor extensive, and it is probable, that while the Roman intercourse with India subsisted, no traveller ever penetrated further than to the banks of the Gauges (6). The fleets from Eaypt which traded at Musiris were loaded, it is true, with the spices and other rich commodities of the continent and islands of the further India ; but these were brought to that port, which became the staple of the commerce between the East and West, by the Indians themselves, in canoes hollowed out of one tree. The Egyptian and Roman merchants, satisfied with acquiring those commodities in this manner, did not think it necessary to explore un- known seas, and venture upon a dangerous naviga- tion, in quest of the countries which produced them. But though the discoveries of the Romans in India were so limited, their commerce there was such as will appear considerable, even to the present age, in which the Indian trade has been extended far beyond the practice or conception of any preceding period. We are informed by one author of credit, that the commerce with India drained the Roman empire every year of more than four hundred thou- sand pounds ; and by another, that one hundred and twenty ships sailed annually from the Arabian gulf to that country. The discovery of this new method of sailing to India, is the most considerable improvement in navigation made during the continuance of the Roman power. But in ancient times, the knowledge of remote countries was acquired more frequently by land than by sea (7); ami the Romans, from their peculiar disinclination to naval affairs, may be baid M have neglected totally the latter, though a rnon; easy and expeditious method of discovery. The progresn, however, of their victorious armies through a con- siderable portion of Europe, Asia, and Africa, contri- buted greatly to extend discovery by land, and gradually opened the navigation of new and unknown seas. Previous to the Roman conquests, the civilized nations of antiquity had little communication with those countries in Europe, which now form it-, mo-a opulent and powerful kingdoms. The interior parts of Spain and Gaul were imperfectly known. Britain, separated from the rest of the world, had never been visited, except by its neighbours the Gauls, and by a few Carthaginian merchants. The name of Ger- main had scarcely been heard of. Into all these countries the arms of the Romans penetrated. They entirely subdued Spain and Gaul ; they conquered the greatest and most fertile part of Britain ; they advanced into Germany, as far as the banks of tin- river Elbe. In Africa, they acquired a considerable knowledge of the provinces, which stretch along the Mediterranean sea, from Egypt westward to the Straits of Gades. In Asia, they not only subjected to their power most of the provinces which composed the Persian and the Macedonian empires, but, after their victories over Mithridates and Tygranes, they seem to have made a more accurate survey of the countries contiguous to the Euxine and Caspian seas, and to have carried on a more extensive trade than that of the Greeks with the opulent and commercial nations then seated round the Euxine sea. From this succinct survey of the discovery and na- vigation, which I have traced from the earliest dawn of historical knowledge to the full establishment of the Roman dominion, the progress of both appears to have been wonderfully slow. It seems neither adequate to what we might have expected from th activity and enterprise of the human mind, nor to what might have been performed by the power of the great empires which successively governed the world. If we reject accounts that are fabulous and obscure ; if we adhere steadily to the light and infor- mation of authentic history, without substituting in its place the conjectures of fancy, or the dreams of etymologists, we must conclude, that the knowledge which the ancients had acquired of the habitable globe was extremely confined. In Europe, the ex- tensive provinces in the eastern part of Geimany were little known to them. They were almost totally unacquainted with the vast countries which are now subject to the kings of Denmark, Sweden, Prussia, Poland, and the Russian empire. The more barren regions, that stretch within the arctic circle, wete quite unexplored. In Africa, their researches did not extend far beyond the provinces which border on the Mediterranean, and those situated on the western shore of the Arabian gulf. In Asia, they w->re un- acquainted, as I formerly observed, with all the fer- tile and opulent countries beyond the Ganges, which furnish the most valuable commodities that, in modern times, have l>een the great object of the European commerce with India ; nor do they se;sn to have ever penetrated into those immense regions oc- cupied by the \vanderin2 tribes, which they called by iMieral name of Sarmatians or Scythians, and which are now possessed by Tartars of various de- nominations, and by the Asiatic subjects r.f Russia. But there is one opinion that universal y prevailed among the ancients, which conveys a more striking idea of the small progress they had made in the knowledge of the habitable globe, than can be derived THE HISTORY OF AMERICA/ from any detail of their discoveries. They supposed the earth to be divided into five regions, which they distinguished by the name of Zones. Two of these, which were nearest the poles, they termed Frigid Zones, and believed that the extreme cold which reigned perpetually there, rendered them uninhabit- able. Another, seated under the line, and extending on either side towards the tropics, they called the Torrid Zone, and imagined it to be so burnt up with unremitting heat, as to be equally destitute of inha- bitants. On the two other zones, which occupied the remainder othe earth, they bestowed the appellation "I I ernperate, and taught that these, being the only regions in which life could subsist, were allotted to man for his habitation. This wild opinion was not a conceit of the uninformed vulgar, or a fanciful fiction of the poets, but a system adopted by the most en- lightened philosophers, the most accurate historians and geographers in Greece and Rome. According to this theory, a vast portion of the habitable earth was pronounced to bo unfit for sustaining the human species. Those fertile and populous regions within the torrid zone, which arc now known not only to yield their own inhabitants the necessaries and comforts of life with most luxuriant profusion, but to communi- cate their superfluous stores tathe rest of the world, were supposed to be the mansion of perpetual steri- lity and desolation. Ac all the parts of the globe with which the ancients were acquainted lay within tli'- northern temperate zone, their opinion that the other temperate zone was filled with inhabitants, wag founded on reasoning and conjecture, not on disco- very. They even believed, that by the intolerable heat of the torrid zone, such an insuperable barrier was placed between the two temperate regions of the earth, as would prevent for ever any intercourse en their respective inhabitants. Thus this ex- .11 it theory not only proves that the ancients were unacquainted with the true state of the globe, but it tended to render their ignorance perpetual, by representing all attempts towards opening a commu- nication with the remote regions of the earth as utterly impracticable (8). But, however imperfect or inaccurate the geogra- phical knowledge which the Greeks and Romans had acquired may appear, in respect of the present im- proved state of that science, their progress in dis- covery will seem considerable, and the extent to which they carried navigation and commerce must be reckoned great, when compared with the ignorance of early times. As long as the Roman empire retained such vigour as to preserve its authority over the con- quered nations, and to keep them united, it was an object of public policy, as well as of private curiosity, to examine and describe the countries which composed this great body. Even when the other sciences began to decline, geography, enriched with new observa- tions, and receiving some accession from the expe- rience of every age, and the reports of every traveller, continued to improve. It attained to the highest point of perfection and accuracy to which it ever ar- rived in the ancient world, by the industry and genius of Ptolemy the philosopher. He flourished in the second century of the Christian era, and published a description of the terrestrial globe, more ample and exact than that of any of his predecessors. But, soon after, violent convulsions began to shake the Roman state ; the fatal ambition or caprice of Constantine, by changing the seat of government, divided and weakened its force : the barbarous na- tions, which Providence prepared as instruments to overturn the mighty fabric of the Roman power, began HISTORY OF AMERICA, No, 2. to assemble and to muster their armies on its fron- tier : the empire tottered to its fall. During this de- cline and old age of the Roman state, it was impos- sible that the sciences should go on improving. The efforts of genius were, at that period, as languid .mil feeble as those of government. From the time of Potolemy, no considerable addition seems to have been made to geographical knowledge, nor did .my important revolution happen to trade, excepting that Constantinople, by its advantageous situation, be- came a commercial city of the first note. At length, the clouds which had been go long gathering round the Roman empire, burst into a storm. Barbarous nations rushed in from several quarters with irresistible impetuosity, and, in the general wreck, occasioned by the inundation which overwhelmed Europe, the arts, sciences, inventions, and discoveries of the Romans, perished in a great measure, and disappeared. All the various tribes, which settled in the different provinces of the Ro- man empire, were uncivilized, strangers to letters, destitute of arts, unacquainted with regular govern- ment, subordination, or laws. The manners and institutions of some of them were so rude, as to be hardly compatible with a state of social union. Europe, when occupied by such inhabitants, may be said to have returned to a second infancy, and had to begin anew its career in improvement, science, and civility. The first effect of (he settlement of those barbarous invaders was to dissolve the union by which the Roman power had cemented mankind to- gether. They parcelled out Europe into many small and independent states, differing from each other in language and customs. No intercourse subsisted between the members of those divided and hostile communities. Accustomed to a simple mode of life, and averse to industry, they had few wants to sup- ply, and few superfluities to dispose of. The names of $trariger and enemy became once more words of the same import. Customs every where prevailed, and even laws were established, which rendered it disagreeable and dangerous to visit any foreign coun- try. Cities, in which alone an extensive commerce oan be carried on, were few, inconsiderable, and des- titute of those immunities which produce security or excite enterprise. The sciences, on which geography and navigation are founded, were little cultivated. The accounts of ancient improvements and dis- coveries, contained in the Greek and Roman authors, were neglected or misunderstood. The knowledge of remote regions was lost ; their situation, their com- modities, and almost their names, were unknown. One circumstance prevented commercial inter- course with distant nations from ceasing altogether. Constantinople, thaugh often threatened by the fierce invaders who spread desolation over the rest of Europe, was so fortunate as to escape their de- structive rage. In that city, the knowledge of ancient arts and discoveries was preserved ; a taste for splendour and elegance subsisted ; the produc- tions and luxuries of foreign countries were in re- quest; and commerce continued to flourish there when it was almost extinct in every other part of Europe. The citizens of Constantinople did not con- fine their trade to the islands of the Archipelago, or to the adjacent coasts of Asia ; they took a wider range, and following the course which the ancients had marked out, imported the commodities of the East Indies from Alexandria. When Egypt was torn from the Roman empire by the Arabians, the industry of the Greeks discovered a new channel, by which the productions of India might be conveyed C THE HISTORY OF AMERICA. to Constantinople. They were carried up the Indus, as far as that great river is navigable ; thence they were transported by land to the banks of the river Oxus, and proceeded down its stream to the Caspian sea. There they entered the Volga, and sailing up it, were carried by land to the Tanais, which con- ducted them into the Euxine sea, where vessels from Constantinople waited their arrival. This extra- ordinary and tedious mode of conveyance merits at- tention, not only as a proof of the violent passion which the inhabitants of Constantinople had con- ceived for the luxuries of the East, and as a specimen of the ardour and ingenuity with which they carried on commerce; but because it demonstrates, that during the ignorance which reigned in the rest of Europe, an extensive knowledge of remote countries was still preserved in the capital of the Greek empire. At the same time, a gleam of light and knowledge "broke in upon the East. The Arabians, having con- tracted some relish for the sciences of the people whose empire they had contributed to overturn, translated the books of several of the Greek philoso- phers into their own language. One of the first was that valuable work of Ptolemy, which I have already mentioned. The study of geography became, of con- sequence, an early object of attention to the Arabians. But that acute and ingenious people cultivated chiefly the speculative and scientific parts of geography. In order to ascertain the figure and dimensions of the terrestrial globe, they applied the principles of geo- metry, they had recourse to astronomical observations, they employed experiments and operations, which Europe, in more enlightened times, has been proud to adopt and to imitate. At that period, however, the fame of the improvements made by the Arabians did not reach Europe. The knowledge of their dis- coveries was reserved for ages capable of compre- hending and of perfecting them. By degrees, the calamities and desolation brought upon the western provinces of the Roman empire by its barbarous conquerors, were forgotten, and in some measure repaired. The rude tribes which settled there acquiring insensibly some idea of regular go- vernment, and some relish for the functions and com- forts of civil life, Europe began to awake from its torpid and inactive state. The first symptoms of revival were discerned in Italy. The northern tribes which took possession of this country, made progress in improvement with greater rapidity than the people settled in other parts of Europe. Various causes, which it is not the object of this work to enumerate or explain, concurred in restoring liberty and inde- pendence to the cities of Italy. The acquisition of these roused industry, and gave motion and vigour to all the active powers of the human mind. Foreign commerce revived, navigation was attended to and improved. Constantinople became the chief mart to which the Italians resorted. There they not only met with a favourable reception, but obtained such mercantile privileges as enabled them to carry on trade with great advantage. They were supplied both with the precious commodities of the East, and with many curious manufactures, the product of ancient arts and ingenuity which still subsisted among the Greeks. As the labour and expense of conveying the productions of India to Constantinople by that long and indirect course which I have described, rendered them extremely rare, and of an exorbitant price, the Italians discovered other methods of procuring them in greater abundance, and at an easier rate. They sometimes purchased them in Aleppo, Tripoli, and other ports on the coast of Syria, to which they were brought by a route not unknown to the ancients. They were conveyed from India by sea, up the Persian gulf, and ascending the Euphrates and Tigris, as far as Bagdad, were carried by land across the desert of Palmyra, and from thence to the towns on the Medi- terranean. But, from the length of the journey, and the dangers to which the caravans were exposed, this proved always a tedious, and often a precarious, mode of conveyance. At length the soldans of Egypt, hav- ing revived the commerce with India in its ancient channel, by the Arabian gulf, the Italian merchants, notwithstanding the violent antipathy to^each other with which Christians and the followers of Mahomet were then possessed, repaired to Alexandria, and enduring, from the love of gain, the insolence and exactions of the Mahometans, established a lucrative trade in that port. From that period, the commercial spirit of Italy became active and enterprising. Venice, Genoa, Pisa rose, from inconsiderable towns, to be populous and wealthy cities. Their naval power in- creased; their vessels frequented not only all the ports in the Mediterranean, but, venturing some- times beyond the Straits, visited the maritime towns of Spain, France, the Low Countries, and England ; and, by distributing their commodities over Europe, began to communicate to its various nations some taste for the valuable productions of the East, as well as some ideas of manufactures and arts, which were then unknown beyond the precincts of Italy. While the cities of Italy were thus advancing in their career of improvement, an event happened, the most extraordinary, perhaps, in the history of man- kind, which, instead of retarding the commercial progress of the Italians, rendered it more rapid. The martial spirit of the Europeans, heightened and in- flamed by religious zeal, prompted them to attempt the deliverance of the Holy Land from the dominion of infidels. Vast armies, composed of all the nations in Europe, marched towards Asia, upon this wild enterprise. The Genoese, the Pisans, and Venetians furnished the transports which carried them thither. They supplied them with provisions and military stores. Besides the immense sums which they re- ceived on this account, they obtained commercial privileges and establishments, of great consequence in the settlements which the crusaders made in Palestine, and in other provinces of Asia. From those sources, prodigious wealth flowed into the cities which I have mentioned. This was accompanied with a proportionate increase of power ; and, by the end of the Holy War, Venice, in particular, became a great maritime state, possessing an extensive com- merce, and ample territories. Italy was not the only country in which the Crusades contributed to revive and diffuse such a spirit as prepared Europe for future discoveries. By their expeditions into Asia, the other European nations became well acquainted with remote regions, which formerly they knew only by name, or by the reports of ignorant and credulous pilgrims. They had an opportunity of observing the manners, the arts, and the accommodations of people more polished than themselves. This intercourse between the East and West subsisted almost two centuries. The adventurers who returned from Asia communicated to their countrymen the ideas which they had acquired, and the habits of life they had contracted by visiting more refined nations. The Europeans began to be sensible of wants, with which they were formerly unacquainted : new desires were excited; and such a taste for the commodities and arts of other countries gradually spread among them, that they not only encouraged the resort of foreigners THE HISTORY OF AMERICA. 11 to their harbours, but began to perceive the advantag and necessity of applying to commerce themselves. This communication, which was opened betweei Europe and the western provinces of Asia, encou raged several persons to advance far beyond th countries in which the crusaders carried on thei operations, and to travel by land into the more remote and opulent regions of the East. The wild fanaticism which seems, at that period, to have mingled in al the schemes of individuals, no less than in all the counsels of nations, first incited men to enter upon those Ion? and dangerous peregrinations. They were afterwards undertaken from prospects of commercia advantage, or from motives of mere curiosity. Ben jamin, a Jew of Tudela, in the kingdom of Navarre possessed with a superstitious veneration for the law of Moses, and solicitous to visit his countrymen inthi East, whom he hoped to find in such a state of powe and opulence as might redound to the honour of his sect, set out from Spain in the year 1160, and travel- ling by land to Constantinople, proceeded through the countries to the north of the Euxine and Caspian seas as far as Chinese Tartary: from thence he took his route towards the south, and after traversing various provinces of the further India, he embarked on the Indian ocean, visited several of its islands, and re- turned at the end of thirteen years by the way o: Egypt, to Europe, with much information concerning a large district of the globe altogether unknown at that time to the western world. The zeal of the head of the Christian church co-operated with the super- stition of Benjamin the Jew, in discovering the inte- rior and remote provinces of Asia [A. D. 1246]. Al Christendom having been alarmed with accounts of the rapid progress of the Tartar arms under Zengis Khan, Innocent IV., who entertained most exalted ideas concerning the plenitude of his own power, and the submission due to his injunctions, sent Father John de Piano Carpini, at the head of a mission of Franciscan monks, and Father Ascolino, at the head of another of Dominicans, to enjoin Kayuk Khan, the grandson of Zengis, who was then at the head of the Tartar empire, to embrace the Christian faith, and to desist from desolating the earth by his arms. The haughty descendant of the greatest conqueror Asia had ever beheld, astonished at this strange mandate from an Italian priest, whose name and jurisdiction were alike unknown to him, received it with the con- tempt which it merited, though he dismissed the mendicants who delivered it with impunity. But, as they had penetrated into the country by different routes, and followed for some time the Tartar camps, which were always in motion, they had opportunity of visiting a great part of Asia. Carpini, who pro- ceeded by the way of Poland and Russia, travelled through its northern provinces as far as the extremi- ties of Thibet. Ascolino, who seems to have landed somewhere in Syria, advanced through its southern provinces, into the interior parts of Persia. [A.D. 1253.] Not long after St.Louis of France con- tributed further towards extending the knowledge which the Europeans had begun to acquire of those dis- tant regions. Some designing impostor, who took ad- vantage of theslender acquaintance of Christendom with the state and character of the Asiatic nations, having informed him that a powerful khan of the Tartars had embraced the Christian faith, the monarch listened to the tale with pious credulity, and instantly resolved to send ambassadors to this illustrious convert, with a view of enticing him to attack their common enemy the Saracens in one quarter, while he fell upon them in another. As monks were the only persons in that age who possessed such a degree of knowledge as qualified them for a service of this kind, he employed in it Father Andrew, a Jacobine, who was followed by Father William de Rubruquis, a Franciscan. With respect to the progress of the former, there is no memorial extant. The journal of the latter has been published. He was admitted into the presence of Mangu, the third khan in succession from Zengis, and made a circuit through the interior parts of Asia, more extensive than that of any European who had hitherto explored them. To those travellers, whom religious real sent forth to visit Asia, succeeded others who ventured into remote countries, from the prospect of commercial advantage, or from motives of mere curiosity, the first and most eminent of these was Marco Polo, [A. D. 1265], a Venetian of a noble family. Having engaged early in trade, according to the custom of his country, his aspiring mind wished for a sphere of activity more extensive than was afforded to it by the established traflic carried on in those ports of Europe and Asia, which the Venetians frequented. This prompted him to travel into unknown countries, in expectation of opening a commercial intercourse with them, more suited to the sanguine ideas and hopes of a young adventurer. As his father had already carried some European commodities to the court of the Great Khan of the Tartars, and had disposed of them to advantage, he resorted thither. Under the protection of Kublay Khan, the most powerful of all the successors of Zengis, he continued his mercantile peregrinations in Asia upwards of twenty-six years; and, during that time, advanced towards the east, far beyond the utmost boundaries to which any European travel- ler had ever proceeded. Instead of following the course of Carpini and Rubruquis, along the vast unpeopled plains of Tartiry, he passed through the chief trading cities in the more cultivated parts of Asia, and penetrated to Cambalu, or Pekin, the capital of the great kingdom of Cathay, or China, subject at that time to the successors of Zengis. He made more than one voyage on the Indian ocean ; he traded in many of the islands, from which Europe had "ong received spices and other commodities, which t held in high estimation, though unacquainted with ;he particular countries to which it was indebted or those precious productions ; and he obtained in- brmation concerning several countries which he did not visit in person, particularly the island Zipangri, jrobably the same now known by the name of Japan. Dn his return, he astonished his contemporaries with lis description of vast regions, whose names had never been heard of in Europe, and with such pomp- ous accounts of their fertility, their populousness, heir opulence, the variety of their manufactures, and he extent of their trade, as rose far above the con- ception of an uninformed age. [A.D. 1322]. About half a century after Marco Polo, ir John Mandeville, an Englishman, encouraged by is example, visited most of the countries in the East which he had described, and like him, published an ccount of them. The narrations of those early travel- ers abounded with many wild incoherent tales, con- erning giants, enchanters, and monsters. But they were not, from that circumstance, less acceptable to n ignorant age, which delighted in what was mar- ellous. The wonders which they told, mostly on learsay, filled the multitude with admiration. The acts which they related from their own observation ttracted the attention of the more discerning. The ormer, which may be considered as the popular THE HISTORY OF AMERICA. traditions and fables of the countries through which they had passed, were gradually disregarded as Europe advanced in knowledge. The latter, how- ever incredible some of them may have appeared in their own time, have been confirmed by the ob- servations of modern travellers. By means of both, however, the curiosity of mankind was excited with respect to the remote parts of the earth; their ideas were enlarged, and they were not only insensibly disposed to attempt new discoveries, but received such information as directed to that particular course iri which these were afterwards carried on. While this spirit was gradually forming in Europe, a fortunate discovery was made, which contributed more than all the efforts and ingenuity of preceding ages, to improve and to extend navigation. That wonderful property of the magnet, by which it com- municates such virtue to a needle or slender rod of iron, as to point towards the poles of the earth, was observed. The use which might be made of this in directing navigation was immediately perceived. That valuable but now familiar instrument, the Mariner's Compass, was constructed. When, by means of it, navigators found that, at all seasons, and in every place, they could discover the north and south with so much ease and accuracy, it became no longer ne- cessary t6 depend merely on the light of the stars and the observation of the sea coast. They gradually abandoned their ancient timid and lingering course along the shore, ventured boldly into the ocean, and, Telying on this new guide, could steer in the darkest night, and under the most cloudy sky, with a security and precision hitherto unknown. The compass may be said to have opened to man the dominion of the sea, and to have put him in full possession of the earth, by enabling him to visit every part of it. Flavio Gioia, a citizen of Amalfi, a town of consider- able trade inthe kingdom of Naples, was the author of this great discovery, about the year one thousand three hundred and two. It hath been often the fate of those illustrious benefactors of mankind, who have enriched science and improved the arts by their in- ventions, to derive more reputation than benefit from the happy efforts of their genius. But the lot of Gioia has been still more cruel : through the inatten- tion or ignorance of contemporary historians, he has "been defrauded even of the fame to which he had such a just title. We receive from them no informa- tion with respect to his profession, his character, the precise time when he made this important discovery, or the accidents and inquiries which led to it. The knowledge of this event, though productive of greater effects than any recorded in the annals of the human race, is transmitted to us without any of those cir- cumstances which can gratify the curiosity that it naturally awakens. But though the use of the com- pass might enable the Italians to perform the short voyages to which they were accustomed, with greater Security and expedition, its influence was not so sud- den or extensive, as immediately to Tender navigation adventurous, and to excite a spirit of discovery. Many causes combined in preventing this beneficial invention from producing its full effect instanta- neously. Men relinquish ancient habits slowly, and with reluctance. They are averse to new experiments, and venture upon them with timidity. The com- mercial jealousy of the Italians, it is probable, la- boured to conceal the happy discovery of their countryman from other nations. The art of steering "by the compass with such skill and accuracy as to inspire a full confidence in its direction, was acquired gradually, Bailors, unaccustomed to quit sight of land, durst not launch out at once and commit them- selves to unknown seas. Accordingly, near half a century elapsed from the time of Gioia' s discovery, before navigators ventured into any seas which they had not been accustomed to frequent. The first appearance of a bolder spirit may be dated from the voyages of the Spaniards to the Canary or Fortunate Islands. By what accident they were led to the discovery of those small isles, which lie near five hundred miles from the Spanish coast, and above a hundred and fifty miles from the coast of Africa, contemporary writers have not explained. But, about the middle of the fourteenth century, the people of all the different kingdoms into which Spain was then divided, were accustomed to make piratical ex- cursions thither, in order to plunder the inhabitants, or to carry them off as slaves. Clement VI. in virtue of the right claimed by the holy see, to dispose of all countries possessed by infidels, erected those isles into a kingdom, in the year one thousand three hun- dred and forty-four, and conferred it on Lewis de la Cerda, descended from the royal family of Castile. But that unfortunate prince, destitute of power to assert his nominal title, having never visited the Canaries, John de Bethencourt, a Norman baron, obtained a grant of them from Henry III. of Castile. Bethencourt, with the valour and good fortune which distinguished the adventurers of hi* country, at- tempted and effected the conquest ; and the posses- sion of the Canaries remained for some time in his family, as a fief held of the crown of Castile. Pre- vious to this expedition of Bethencourt, his country- men settled in Normandy are said to have visited the coast of Africa [A. D. 1365], and to have proceeded far to the south of the Canary Islands. But their voyages thither seem not to have been undertaken in conse- quence of any public or regular plan for extending navigation and attempting new discoveries. They were either excursions suggested by that roving piratical spirit, which descended to the Normans from their ancestors, or the commercial enterprises of pri- vate merchants, which attracted so little notice, that hardly any memorial of them is to be found in con- temporary authors. In a general survey of the pro- gress of discovery, it is sufficient to have mentioned this event ; and leaving it among those of dubious existence, or of small importance, we may conclude, that though much additional information concerning the remote regions of the East had been received by travellers who visited them by land, navigation, at the beginning of the fifteenth century, had not ad- vanced beyond the state to which it had attained before the downfall of the Roman empire. At length the period arrived, when Providence decreed that men were to pass the limits withia which they had been so long confined, and open to themselves a more ample field wherein to display their talents, their enterprise, and courage. The first considerable efforts towards this were not made by any of the more powerful states of Europe, or by those who had applied to navigation with the greatest assiduity and success. The glory of leading the way in this new career, was reserved for Portugal, one of the smallest and least powerful of the European kingdoms. As the attempts of the Portuguese to acquire the knowledge of those parts of the globe with which mankind were then unacquainted, not only improved and extended the art of navigation, but roused such a spirit of curiosity and enterprise, as led to the discovery of the New World, of which I propose to write the history, it is necessary to take a full view of the rise, the progress, and success of THE HISTORY OF AMERIOAv their various naval operations. It was in this school that the discoverer of America was trained ; and unless we trace the steps by which his instructors and guides advanced, it will be impossible to com- prehend the circumstances which suggested the idea or facilitated the execution of his great design. Various circumstances prompted the Portuguese to exert their activity in this new direction, and en- abled them to accomplish undertakings apparently superior to the natural force of their monarchy. The kings of Portugal, having driven the Moors out of their dominions, had acquired power, as well as glory, by the success of their arms agninst the infidels. By their victories over them, they had extended the royal authority beyond the narrow limits within which it was originally circumscribed in Portugal, as well as in other feudal kingdoms. They had the command of the national force, could rouse it to act with united vigour, and, after the expulsion of the Moors, could employ it without dread of interruption from any domestic enemy. By the perpetual hostilities carried on for several centuries against the Mahometans, the martial and adventurous spirit which distinguished all the European nations during the middle ages, was improved and heightened among the Portuguese. A fierce civil war towards the close of the fourteenth century, occasioned by a disputed succession, aug- mented the military ardour of the nation, and formed or called forth men of such active and daring genius, as are fit for bold undertakings. The situation of the kingdom, bounded on every side by the domi- nions of a more powerful neighbour, did not afford free scope to the activity of the Portuguese by land, as the strength of their monarchy was no match for that of Castile. But Portugal was a maritime state, in which there were many commodious harbours ; the people had begun to make some progress in the knowledge and practice of navigation ; and the sea was open to them, presenting the only field of enter- prise in which they could distinguish themselves. Such was the state of Portuga', and such the dis- position of the people, when John I., surnamed the Bastard, obtained secure possession of the crown by the peace concluded with Castile, in the year y the Arabians were introduced into Europe by the kloors settled in Spain and Portugal, and by the ews, who were very numerous in both these king- doms. Geometry, astronomy, and geography, the cienccs on which the art of navigation is founded, became objects of studious attention. The memory of the discoveries made by the ancients was revived, and the progress of their navigation and commerce began to be traced. Some of the causes which have obstructed the cultivation of science in Portugal, during this century and the last, did not exist, or did not operate in the same manner, in the fifteenth cen- tury (4) ; and the Portuguese, at that period, seem to have kept pace with other nations on this side of the Alps in literary pursuits. As the genius of the age favoured the execution of that new undertaking, to which the peculiar state of the country invited the Portuguese, it proved success- ful. The vessels sent on the discovery doubled that formidable Cape, which had terminated the progress of former navigators, and proceeded a hundred and sixty miles beyond it, to Cape Bojador. As its rocky cliffs, which stretched a considerable way into the Atlantic, appeared more dreadful than the promon- tory which they had passed, the Portuguese com- manders durst not attempt to sail round it, but returned to Lisbon, more satisfied with having advanced so far, than ashamed of having ventured no further. Inconsiderable as this voyage was [A.D. 1417], it in- creased the passion for discovery, which began to arise in Portugal. The fortunate issue of the king's expedition against the Moor* of Barbary, added strength to that spirit in the nation, and pushed it on to new undertakings. In order to render these suc- cessful, it was necessary that they should be conducted by a person who possessed abilities capable of dis- cerning what was attainable, who enjoyed leisure to form a regular system for prosecuting discovery, and who was animated with ardour that would persevere in spite of obstacles and repulses. Happily for Por- tugal she found all those qualities in Henry Duke of Visep, the fourth son of king John by Philippa of Lancaster, sister of Henry IV. king of England. That prince, in his early youth, having accompanied his father in his expedition to Barbary, distinguished himself by many deeds of valour. To the martial spirit, which was the characteristic of every man of noble birth at that time, he added all the accomplish- ments of a more enlightened and polished age. He cultivated the arts and sciences, which were then unknown and despised by persons of his rank. He applied with peculiar fondness to the study of geoc graphy ; and by the instruction of able masters, as well as by the accounts of travellers, he early ac- quired such knowledge of the habitable globe, as dis- covered the great probability of finding new and opulent countries, by sailing along the coast of Africa. Such an object was formed to awaken the enthusiasm and ardour of a youthful mind, and he espoused with the utmost zeal the patronage of. a design which might prove as beneficial, as it appeared to be splendid and honourable, ID. order that, he might pursue thui 14 THE HISTORY OP AMERICA. great scheme without interruption, he retired frorr court immediately after his return from Africa, an fixed his residence at Sagres, near Cape St. Vincent where the prospect of the Atlantic ocean invited hi thoughts continually towards his favourite project and encouraged him to execute it. In this retreat he was attended by some of the most learned men in his country, who aided him in his researches. He applied for information to the Moors of Barbary, who were accustomed to travel by land into the interior provinces of Africa, in quest of ivory, gold-dust, anc other rich commodities. He consulted the Jews settled in Portugal. By promises, rewards, and marks of respect, he allured into his service several persons foreigners as well as Portuguese, who were eminent for their skill in navigation. In taking those prepara- tory steps, the great abilities of the prince were se- conded by his private virtues. His integrity, his affability, his respect for religion, his zeal for the honour of his country, engaged persons of all ranks to applaud his design, and to favour the execution of it His schemes were allowed, by the greater part of his countrymen, to proceed neither from ambition nor the desire of wealth, but to flow from the warm bene- volence of a heart eager to promote the happiness of mankind, and which justly entitled him to assume a motto for his device, that described the quality by which he wished to be distinguished, the talent of doing good. His first effort [A. D. 1418], as is usual at the com- mencement of any new undertaking, was extremely inconsiderable. He fitted out a single ship, and giving the command of it to John Gonzalez Zarco and Tristan Vaz, two gentlemen of his household, who voluntarily offered to conduct the enterprise, he instructed them to use their utmost efforts to double Cape Bojador, and thence to steer towards the south. They, according to the mode of navigation which still prevailed, held their course along the shore ; and by following that direction, they must have en- countered almost insuperable difficulties in at- tempting to pass Cape Bojador. But fortune came in aid to their want of skill, and pre- vented the voyage from being altogether fruitless. A sudden squall of wind arose, drove them out to sea, and when they expected every moment to perish, landed them on an unknown island, which from their happy escape they named Porto Santo. In the in- fancy of navigation, the discovery of this small island appeared a matter of such moment, that they in- stantly returned to Portugal with the good tidings, and were received by Henry with the applause and honour due to fortunate adventurers. This faint dawn of success filled a mind ardent in the pursuit of a favourite object with such sanguine hopes as were sufficient incitements to proceed. Next year [A. D. 1419] Henry sent out three ships under the same commanders, to whom he joined Bartholomew Pe- icstrello, in order to take possession of the island which they had discovered. When they began to settle in Porto Santo, they observed towards the south a fixed spot in the horizon like a small black cloud. By degrees they were led to conjecture that it might be land, and steering towards it, they arrived at a considerable island, uninhabited and covered with wood, which on that account they called Ma- deira. As it was Henry's chief object to render his discoveries useful to his country, he immediately equipped a fleet to carry a colony of Portuguese to these islands. By his provident care, they were fur- nished not only with the seeds, plants, and domestic mnimals common in Europe ; but as he foresaw that the warmth of the climate and fertility of the soil would prove favourable to the rearing of other productions, he procured slips of the vine from the island of Cyprus, the rich wines of which were then in great request, and plants of the sugar-cane from Sicily, into which it had been lately introduced. These throve so prosperously in this new country, that the benefit of cultivating them was immediately- perceived, and the sugar and wine of Madeira quickly became articles of some consequence in the commerce of Portugal. As soon as the advantages derived from this first settement to the west of the European continent began to be felt, the spirit of discovery appeared less chimerical, and became more adventurous. By their voyages to Madeira, the Portuguese were gradually accustomed to a bolder navigation, and, instead of creeping servilely along the coast, ventured into the open sea. In consequence of taking this course, Gilianez, who commanded one of Prince Henry's ships, doubled Cape Bojador [A. D. 1423], the boundary of the Portuguese navigation upwards of twenty years, and which had hitherto been deemed impassable. This successful voyage, which the ignorance of the age placed on a level with the most famous exploits re- corded in history, opened a new sphere to navigation, as it discovered the vast continent of Africa, still washed by the Atlantic ocean, and stretching towards the south. Part of this was soon explored ; the Por- tuguese advanced within the tropics, and in the space of a few years they discovered the river Senegal, and all the coast extending from Cape Blanco to Cape de Verd. Hitherto the Portuguese had been guided in their discoveries, or encouraged to attempt them, by the light and information which they received from the works of the ancient mathematicians and geographers. But when they began to enter the torrid zone, the notion which prevailed among the ancients, that the heat, which reigned perpetually there, was so exces- sive as to render it uninhabitable, deterred them, for some time, from proceeding. Their own observa- tions, when they first ventured into this unknown and formidable region, tended to confirm the opinion of antiquity concerning the violent operation of the direct rays of the sun. As far as the river Senegal, the Portuguese had found the coast of Africa in- habited by people nearly resembling the Moors of Barbary. When they advanced to the south of that river, the human form seemed to put on a new ap- pearance. They beheld men with skins black as bony, with short curled hair, flat noses, thick lips, and all the peculiar features which are now known to distinguish the race of negroes. This surprising lteration they naturally attributed to the influence )f heat, and if they should advance nearer to the ine, they began to dread that its effects would be still more violent. The dangers were exaggerated ; and many other objections against attempting further discoveries were proposed by some of the grandees, who, from ignorance, from envy, or from that cold imid prudence, which rejects whatever has the air f novelty or enterprise, had hitherto condemned all Prince Henry's schemes. They represented, that it was altogether chimerical to expect any advantage from countries situated in that region which the wisdom and experience of antiquity had pronounced :o be unfit for the habitation of men ; that their brefathers, satisfied with cultivating the territory which Providence had allotted them, did not waste he strength of the kingdom by fruitless projects, in quest of new settlements ; that Portugal was already THE HISTORY OF AMERICA. 15 exhausted by the expense of attempts to discover I lands, which either did not exist, or which nature | destined to remain unknown ; and was drained of men, who might have been employed in undertak- ings attended with more certain success, and pro- ductive of greater benefit. But neither their appeal to the authority of the ancients, nor their reasonings concerning the interests of Portugal, made any im- pression upon the determined philosophic mind of Prince Henry. The discoveries which he had al- ready made convinced him that the ancients had little more than a conjectural knowledge of the torrid zone. He was no less satisfied that the political arguments of his opponents, with respect to the in- terest of Portugal, were malevolent and ill founded. In those sentiments he was strenuously supported by his brother Pedro, who governed the kingdom as guardian of their nephew Alphonso V., who had suc- ceeded to the throne during his minority [A. D. 1438] ; and, instead of slackening his efforts, Henry con- tinued to pursue his discoveries with fresh ardour. But, in order to silence all the murmurs of oppo- sition, he endeavoured to obtain the sanction of the highest authority in favour of his operations. With this view he applied to the pope, and represented, in pompous terms, the pious and unwearied zeal with which he had exerted himself during twenty years, in discovering unknown countries, the wretched in- habitants of which were utter strangers to true reli- gion, wandering in heathen darkness, or led astray by the delusions of Mahomet. He besought the holy father, to whom, as the vicar of Christ, all the kingdoms of the earth were subject, to confer on the crown of Portugal a right to all the countries pos- sessed by infidels, which should be discovered by the industry of its subjects, and subdued by the force of its arms. He entreated him to enjoin all Chris- tian powers, under the highest penalties, not to molest Portugal while engaged in this laudable enter- prise, and to prohibit them from settling in any of the countries which the Portuguese should discover. Ho promised that, in all their expeditions, it should be the chief object of his countrymen to spread the knowledge of the Christian religion, to establish the authority of the holy see, and to increase the flock of the universal pastor. As it was by improving with dexterity every favourable conjuncture for ac- quiring new powers, that the court of Rome had gradually extended its usurpations, Eugene IV. the pontiff to whom this application was made, eagerly seized the opportunity which now presented itself. He instantly perceived, that, by complying with Prince Henry's request, he might exercise a prero- gative no less flattering in its own nature, than likely to prove beneficial in its consequences, A bull was accordingly issued, in which, after applauding in the strongest terms the past efforts of the Portuguese, and exhorting them to proceed in that laudable career on which they had entered, he granted them an exclusive right to all the countries which they should discover, from Cape Non to the continent of India. Extravagant as this donation, comprehending such a large portion of the habitable globe, would now appear, even in catholic countries, no person in the fifteenth century doubted that the Pope, in the ple- nitude of his apostolic power, had a right to confer it. Prince Henry was soon sensible of the advan- tages which he derived from this transaction. His schemes were authorized and sanctified by the bull approving of them. The spirit of discovery was connected with zeal for religion, which, in that age, was a principle of such activity and vigour, as to influence the conduct of nations. All Christian princes were deterred from intruding into those countries which the Portuguese had discovered, or from interrupting the progress of their navigation and conquests (10). The fame of the Portuguese voyages soon spread over Europe. Men Ion? accustomed to circumscribe the activity and knowledge of the human mind within the limits to which they had hitherto been confined, were astonished to behold the sphere of navigation so suddenly enlarged, and a prospect opened of visiting regions of the globe, the exist- ence of which was unknown in former times. The learned and speculative reasoned and formed theories concerning those unexpected discoveries. The vul- gar inquired and wondered; while enterprising ad- venturers crowded from every part of Europe, soli- citing Prince Henry to employ them in this honoura- ble service. Many Venetians and Genoese, in parti- cular, who were, at that time, superior to all other nations in the science of naval affairs, entered aboard the Portuguese ships, and acquired a most perfect and extensive knowledge of their profession in that new school of navigation. In emulation of these foreigners, the Portuguese exerted their own talents. The nation seconded the designs of the prince. [A.D. 1446J. Private merchants formedcompanies.with a view to search for unknown countries. The Cape de Verd Islands, which lie offthe promontory of that name, were discovered [A.D. 1449], and soon after the isles called Azores. As the former of these are above three hundred miles from the African coast, and the latter nine hundred miles from any continent, it is evident, by their venturing so boldly into the open seas, that the Portuguese had, by this time, im- proved greatly in the art of navigation. While the passion for engaging in new under- takings was thus warm and active, it received an unfortunate check by the death of Prince Henry [A.D. 1463], whose superior knowledge had hitherto directed all the operations of the discoverers, and whose patronage had encouraged and protected them. But, notwithstanding all the advantages which they derived from these, the Portuguese, during his life, did not advance, in their utmost progress towards the south, within five degrees of the equinoctial line; and after their continued exertions for half a century [A. i\ 14121463], hardly fifteen hundred miles of the coast of Africa were discovered. To an age acquainted with the efforts of navigation in its state of maturity and improvement, those essays of its early years must necessarily appear feebte and unskilful. But inconsiderable as they may be deemed, they were sufficient to turn the curi- osity of the European nations into a new channel, to excite an enterprising spirit, and to point the way to future discoveries. Alphonso, who possessed the throne of Portugal at the time of Prince Henry's death, was so much en- gaged in supporting his own pretensions to the throne of Castile, or in carrying on his expeditions against the Moors in Barbary, that the force of },is kingdom being exerted in other operations, he could not prosecute the discoveries of Africa with ardour. He committed the conduct of them to Fernando Gomez, a merchant in Lisbon, to whom he granted an exclusive right of commerce with all the countries of which Prince Henry had taken possession. Under the restraint and oppression of a monopoly, the spirit of discovery languished. It ceased to be a national object, and became the concern of a private THE HISTORY OF AMERICA. man, more attentive to his own gain, than to the glory of his country. Some progress, however, was made. The Portuguese ventured at length to cross the line, [A. p. 1471] and, to their astonishment, found that region of the torrid zone, which was supposed to be scorched with intolerable heat, to be not only habit able, but populous and fertile. [A. D. 1481], John II. who succeeded his father Alphonso, possessedtalents capable both of forming and executing great designs. As part of his revenues, while prince, had arisen from duties on the trade with the newly-discovered countries, this naturally turned his attention towards them, and satisfied him with respect to their utility and importance. In proportion as his knowledge of these countries extended, the possession of them appeared to be of greater consequence. While the Portugese proceeded along the coast of Africa, from Cape Non to the river of Senegal, they found all that extensive tract to be sandy, barren, and thinly inhabited by a wretched people, professing the Mahometan religion, and subject to the vast empire of Morocco. But to the south of that river, the power and religion of the Mahometans were unknown. The country was divided into small independent principalities, the population was considerable, the soil fertile, and the Portuguese soon discovered that it produced ivory, rich gums, gold, and other valuable commodities. By the acquisition of these, com- merce was enlarged, and became more adventurous. Men, animated arid rendered active by the certain prospect of gain, pursued discovery with great eager- ness, than when they were excited only by curiosity and hope. This spirit derived no small reinforcement of vigour from the countenance of such a monarch as John. Declaring himself the patron of every attempt towards discovery, he promoted it with all the ardour of his rranduncle prince Henry, and with superior power. The effects of this were immediately felt. A power- ful fleet was fitted out [A. D. 1484J, which, after disco- vering the kingdoms of Benin and Congo, advanced above fifteen hundred milos beyond the line, and the Portuguese, for the first time, beheld a new heaven, and observed the stars of another hemisphere. John was not only solicitous to discover, but attentive to secure, the possession of those countries. He built forts on the coast of Guinea ; he sent out colonies to settle there ; he established a commercial intercourse with the more powerful kingdoms ; he endeavoured to render such as were feeble or divided, tributary to the crown of Portugal. Some of the petty princes voluntarily acknowledged themselves his vnssals. Others were compelled to do so by force of arms. A regular and well-digested system was formed with respect to this new object of policy, and by firmly adhering to it, the Portuguese power and commerce in Africa were established upon a solid foundation. By their continued intercourse with the people of Africa, the Portuguese gradually acquired some know- ledge of those parts of that, country which they had not visited. The information which they received from the natives, added to what they had observed in their own voyages, began to open prospects more ex- tensive, and to suggest the idea of schemes more im- portant, than those which had hitherto allured and occupied them. They had detected the error of the ancients concerning the nature of the torrid zone. They found, as they proceeded southwards, that the continent of Africa, instead of extending in breadth, according to the doctrine of Ptolemy, at that time the pracle and guide of the learned iu the science of geography, appeared sensibly to contract itself, and to bend toward the east. This induced them to give credit to the accounts of the ancit-nt 1'hniiriaii voyages round Africa, which had long been deemed fabulutis, and led them to conceive hopes, that, by following the same route, they might arrive at the East Indies, and engross that commerce which has been the source of wealth and power to every nation possessed of it. The comprehensive genius of prince Henry, as we may conjecture from the words of the pope's bull, had early formed some idea of this navigation. But though his countrymen, at that period, were incapable of con- ceiving the extent of his views and schemes, all the Portuguese mathematicians and pilots now concurred in representing them as well founded and practicable. The king entered with warmth into their sentiments, and began to concert measures for this arduous and important voyage. Before his preparations for this expedition were finished, accounts were transmitted from Africa that various nations along the coast had mentioned a mighty kingdom situated on their continent, at a great distance towards the East, the king of which, accord- ing to their description, professed the Christian refc- gion. The Portuguese monarch immediately con- cluded, that this must be the emperor of Abyssinia, to whom the Europeans, seduced by a mistake of Rubruquis, Marco Polo, and other travellers to the East, absurdly gave the name of Prester or Presbyter John ; and, as he hoped to receive information and assistance from a Christian prince, in prosecuting a scheme that tended to propagate their common faith, he resolved to open, if possible, some intercourse with his court. With this view, he made choice of Pedro de Covillam and Alphonso de Payva, who were per- fect masters of the Arabic language, and sent them into the East to search for the residence of this un- known potentate, and to make him proffers of friend- ship. They had in charge likewise to procure what- ever intelligence the nations which they visited could supply, with respect to the trade of India, and the course of navigation to that continent. While John made this new attempt by land to obtain some knowledge of the country which he wished so ardently to discover, he did not neglect the prosecution of this great design by sea, [A. D. 1488]. The conduct of a voyage for this purpose, the most arduous and important which the Portuguese had ever projected, was committed to Bartholomew Diaz, an officer whose sagacity, experience, and fortitude rendered him equal to the undertaking. He stretched boldly towards the south, and, proceeding beyond the utmost limits to which his countrymen had hkherto advanced, disco- vered near a thousand miles of new country. Neither the danger to which he was exposed by a succession of violent tempests in unknown seas, and by the fre- quent mutinies of his crew, nor the calamities of famine which he suffered from losing his store-ship, could deter him from prosecuting his enterprise. In recompence of his labour and perseverance, he at last descried that lofty promontory which bounds Africa to the south. But to descry it was all that he had in his power to accomplish. The violence of the winds, the shattered condition of his ships, and the turbu- lent spirit of the sailors, compelled him to return after a voyage of sixteen months, in which he disco-, ered a far greater extent of country than any former navi- gator. Diaz had called the promontory which termi- nated his voyage, Cabo Tormentoso, or the Stormy Cape ; but the king, his master, as he now entertained no doubt of having found the long-desired route to India, gave it a name more inviting, The Cape of Good Hope. THE HISTORY OP AMERICA. Those sanguine expectations of success were con- firmed by the intelligence which John received over land, in consequence of his embassy to Abyssinia. Covillam and Payva, in obedience to their master's instructions, had repaired to Grand Cairo. From that city they travelled along with a caravan of Egyptian merchants, and, embarking on the Red sea, arrived at Aden in Arabia. There they separated; Payva sailed directly towards Abyssinia ; Covillam embarked for the East Indies, and, having visited Calecut, Goa, and other cities on the Malabar coast, returned to Sofala, on the east side of Africa, and thence to Grand Cairo, which Payva and he had fixed upon as their place of rendezvous. Unfortunately the former was cruelly murdered in Abyssinia, but Co- villam found at Cairo two Portuguese Jews, whom John, whose provident sagacity attended to every cir- cumstance that could facilitate the execution of his schemes, had despatched after them, in order to re- reive a detail of their proceedings, and to communi- cate to them new instructions. By one of these Jews, Covillam transmitted to Portugal a journal of his travels by sea and land, his remarks upon the trade of India, together with exact maps of the coasts on which he had touched ; and from what he himself had observed, as well as from the information of skilful seamen in different countries, he concluded, that, by sailm-,' round Africa, a passage might be found to the East Indies. The happy coincidence of Covillam's opinion and report, with the discoveries which Diaz had lately made, left hardly any shadow of doubt with respect to the possibility of sailing from Europe to India. But the vast length of the voyage, and the furious storms which Diaz had encountered near the Cape of Good Hope, alarmed and intimidated the Portuguese to such a degree, although by long experience they were now become adventurous and skilful mariners, that some time was requisite to prepare their minds for this dangerous and extraordinary voyage. The murage however and authority of the monarch gradually dispelled the vain fears of his subjects, or made it necessary to conceal them. As John thought himself now upon the eve of accomplishing that great design, which had been the principal object of his reign, his earnestness in prosecuting it became so vehement, that it occupied his thoughts by day, and bereaved him of sleep through the night. While he was taking every precaution that his wisdom and experience could suggest, in order to insure the success of the expedition, which was to decide concerning the fate of his favourite project, the fame of the vast dis- coveries which the Portuguese had already made, the reports concerning the extraordinary intelligence which they had received from the East, and the prospect of the voyage which they now meditated, drew the attention of all the European nations, and held them in suspense and expectation. By some, the maritime skill and navigations of the Portuguese were compared with those of the Phenicians and Carthaginians, and exalted above them. Others formed conjectures concerning the revolutions which the success of the Portuguese schemes might oc- casion in the course of trade, and the political state of Europe. The Venetians began to be disquieted with the apprehension of losing their Indian com- merce, the monopoly of which was the chief source of their power as well as opulence, and the Portuguese already enjoyed in fancy the wealth of the East. But, during this interval, which gave such scope to the various workings of curiosity, of hope, and of fear, an account was brought to Europe of an event HISTORY OF AMERICA, No. 3. no less extraordinary than unexpected, the discovery of a New World situated in the west ; and the eyes and admiration of mankind turned immediately to- wards that great object. BOOK II. AMONG the foreigners whom the fame of the dis- coveries made by the Portuguese had allured into their service, was Christopher Colon, or Columbus, a subject of the republic of Genoa. Neither the time nor place of his birth are known with cer- tainty (9) ; but he was descended of an honourable family, though reduced to indigence by various mis- fortunes. His ancestors having betaken themselves for subsistence to a sea-fearing life, Columbus dis- covered in his early youth the peculiar character and talents which mark out a man for that profes- sion. His parents, instead of thwarting this original propensity of his mind, seem to have encouraged and confirmed it, by the education which they gave him. After acquiring some knowledge of the Latin tongue, the only language in which science was taught at that time, he was instructed in geometry, cosmo- graphy, astronomy, and the art of drawing. To these he applied with such ardour and predilection, on account of their connexion with navigation, his favourite object, that he advanced with rapid profi- ciency in the study of them. Thus qualified, he went to sea at the age of fourteen [A.D. 1461], and began IM\ career on that element which conducted him to so much glory. His early voyages were to those ports in the Mediterranean which his countrymen the Genoese frequented. This being a sphere too narrow for his active mind [A.D. 1467], he made an excursion to the northern seas, and visited the coasts of Iceland, to which the English and other nations had begun to resort on account of its fishery. As navigation, in every direction, was now become enterprising, he proceeded beyond that island, the Thule of the ancients, and advanced severul derives within the polar circle. Hnvniu' satisfied his curiosity, by a voyage which tended more to enlarge his knowledge of naval affairs than to improve his fortune, ht> entered into th service of a famous sea-captain, of his own name and family. This man commanded a small squadron fitted out at his own expense, and by cruising sometimes against the Mahometans, sometimes against the Ve- netians, the rivals of his country in trade, had acquired both wealth and reputation. With him Columbus continued for several years, no less distinguished for his courage, than for his experience as a sailor. At length, in an obstinate engagement off the coast of Portugal, with some Venetian Caravals, returning richly laden from the Low Countries, the vessel on board which he served took fire, together with one of the enemy's ships, to which it was fast grappled. In this dreadful extremity his intrepidity and presence of mind did not forsake him. He threw himself into the sea, laid hold of a floating oar, and by the support of it, and his dexterity in swimming, he reached the shore, though above two leagues distant, and saved a life reserved for great undertakings. A s soon as he recovered strength for the journey, he repaired to Lisbon, where many of his countrymen were settled. They soon conceived such a favourable opinion , of his merit, as well as talents, that they warmly solicited him to remain in that kingdom, where his naval skill and experience could not fail of render- ing him conspicuous. To every adventurer, animated either with curiosity to visit new countries, or with ambition to distinguish himself, the Portuguese service THE HISTORY OF AMERICA. was at that time extremely inviting. Columbus listened with a favourable ear to the advice of his friends, and having gained the esteem of a Portuguese lady, whom he married, fixed his residence in Lisbon. This alli- ance, instead of detaching him from a sea-faring life, contributed to enlarge the sphere of his naval know- ledge, and to excite a desire of extending it still further. His wife was a daughter of Bartholomew Perestrello, one of the captains employed by prince Henry in his early navigations, and who, under his protection, had discovered and planted the islands of Porto Santo and Madeira. Columbus got possession of the journals and charts of this experienced navigator, and from them he learned the course which the Portuguese had held in making their discoveries, as well as the various circumstances which guided or encquraged them in their attempts. The study of these soothed and inflamed his favourite passion ; and while he con- templated the maps, and read the descriptions of the new countries which Perestrello had seen, his im- patience to visit them became irresistible. In order to indulge it, he made a voyage to Madeira, and continued during several years to trade with that island, the Canaries, the Azores, the settlements in Guinea, and all the other places which the Portuguese had discovered on the continent of Africa. By the experience which Columbus acquired during such a variety of voyages, to almost every part of the globe with which, at that time, any intercourse was carried on by sqa, he was now become one of the most skilful navigators in Europe. But, not satisfied with that praise, his ambition aimed at something more. The successful progress of the Portuguese na- vigators had awakened a spirit of curiosity and emula- tion, which set every man of science upon examining all the circumstances that led to the discoveries which they had made, or that afforded a prospect of succeed- ing in any new and bolder undertaking. The mind of Columbus, naturally inquisitive, capable of deep reflection, and turned to speculations of this kind, was so often employed in revolving the principles upon which the Portuguese had founded their schemes of discovery, and the mode in which they had carried them on, that he gradually began to form an idea of improving upon their plan, and of accomplishing discoveries which hitherto they had attempted in rain. To find out a passage by sea to the East-Indies, was the great object in view at that period. From the time that the Portuguese doubled Cape de Verd, this was the point at which they aimed in all their navigations, and, in comparison with it, all their discoveries in Africa appeared inconsiderable. The fertility and riches of India had been known for many ages ; its spices and other valuable commodi- ties were in high request throughout Europe, and the vast wealth of the Venetians, arising from their having engrossed this trade, had Raised the envy of all nations. But how intent soever the Portuguese were upon discovering a new route to those desirable regions, they searched for it only by steering towards the south, in hopes of arriving at India, by turning to the east, after they had sailed round the further extremity of Africa. This course was still unknown, and, even, if discovered, was of such immense length, that a voyage from Europe to India must have appeared, at that period, an undertaking, extremely arduous, and of very uncertain issue. More than half a century had been employed in advancing from Cape Non to the equator ; a much longer space of time might elapse before the more extensive navig atiou from that to India could be accomplished, These reflections upon the uncert^int y, the and tediousness of the course which the Portuguese were pursuing, naturally led Columbus to co whether a shorter and more direct passage to the East Indies might not be found out. After revolving loug and seriously every circumstance suL'.'.-lcd by his superior knowledge in the theory as well as practice of navigation ; after comparing attentively the observations of modern pilots, with the hints and conjectures of ancient authors, he at last concluded, that by sailing directly towards the west, across the Atlantic ocean, new countries, which probably fornwl a part of the great continent of India, must infallibly be discovered. Principles and arguments of various kinds and d.- rived from different sources, induced him to adopt this opinion, seemingly as chimerical as it was new and extraordinary. The spherical figure of the earth was known, and its magnitude ascertained with some degree of accuracy. From this it was evident, that the continents of Europe, Asia, and Africa, as far as they were known at that time, forme;! but a small portion of the terraqueous globe. It was suitable to our ideas concerning the wisdom and beneficence of the Author of Nature, to believe that the vast -.par.- still unexplored was not covered entirely by a waMe unprofitable ocean, but occupied by countries fit for the habitation of man. It appeared likewise extremely probable, that the continent, on this side of the szlube, was balanced by a proportional quantity of land in tin- other hemisphere. These conclusions concernin.' the existence of another continent, drawn from the figure and structure of the globe, were confirmed by the ob- servations aud conjectures of modern navigators. A Portuguese pilot, having stretched further to the u v-,t than was usual at that time, took up a piece of timber artificially carved, floating upon the sea ; and as it was driviMi towards him by a westerly wind, he con- cluded that it came from some unknown land situated in that quarter. Columbus's brother-in-law had found, to the west of the Madeira Isles, a piece of timber fashioned in the same manner, and brought by the same wind; and had seen likewise cane* of an enor- mous size floating upon the waves, which resembled those described by Ptolemy as productions peculiar to the East Indies. After a course of westerly winds, trees, torn up by the roots, were often driven upon the coasts of the Azores; and at one time, the dead bodies of two men with singular features, resembling neither the inhabitants of Europe nor of Africa, were cast ashore there. As the force of this united evidence, arising from theoretical principles and practical observations, led Columbus to expect the discovery of new countries in the western ocean, other reasons induced him to believe that these must be connected with the conti- nent of India. Though the ancients had hardly ever penetrated into India further than the banks of the Ganges, yet some Greek authors had ventured to de- scribe the provinces beyond that river. As men are prone, and at liberty, to magnify what is remote or unknown, they represented them as regions of an im- mense extent. Ctesias affirmed that. India was as large as all the rest of Asia. Onesicratus, whom Pliny the naturalist follows, contended that it was equal t.> a third part of the habitable earth. Nearchus asserted, that it would take four months to march in a straight line from one extremity of India to the other. The journal of Marco Polo, who had proceeded towards the east, far beyond the limits to which any European had ever advanced, seemed to confirm these exagge- rated, accounts of the ancients, By las wauuiikx-ut THE HISTORY OF AMERICA. 19 descriptions of (he kingdoms of Oi//iai/ and Cipango, and of muny oilier countries, the rv.imes of which were unknown in Europe, India appeared to be a region of Aast extent. From these accounts, which, however defective, were the most accurate that the people of Europe had received at that period, with respect to the remote parts of the East, Columbus drew a just conclusion. He contended, that in proportion as the continent of India stretched out towards the east, it must, in consequence of the spherical figure of the earth, approach nearer to the islands which had lately been discovered to the west of Africa ; that the dis- tance from the one to the other was probably not very considerable : and that the most direct as well as shortest course to the remote regions of the east, was in he found by sailing due west. This notion con- cerning the vicinity of India to the western parts of our continent, was countenanced by some eminent writers among the ancients, the sanction of whose authority \va^ necessary, in that age, to procure a favourable reception to any tenet. Aristotle thought it probable that the Columns of Hercules, or Strain of (Gibraltar, were not far removed from the East Indies, and that there might lie a communication by sea between them. Seneca, in terms still more explicit, affirm-, that, with a fair wind, one might sail from Spain to India in a few days. The famous Atlantic ishnd described by I'iato, and supposed by many to be a real country, beyond which an unknown con- tinent was situated, is represented by him as lying at no great distance from Spain. Alter weighing all these particulars, Columbus, in \\ho-e character the mod'".ry and dillidence of true genius were united with the ardent enthusiasm of a projector, did not rest with such absolute assurance either upon his own arguments, or upon the authority of the ancients, as not to consult such of hi-, contemporaries as \\ere capable of comprehending the nature of the evidence which he produced in support of his opinion. As early as the year one thousand four hundred and seventy-four, he communicated his ideas concerning the probability of discovering new countries, by sailing irds, to Paul, a plnsician of Florence, eminent for his knowledge of cosmography, and who, from the learn inn as well as candour which he discovers in his reply, appears lo have been well entitled to the con- fidence which Columbus placed in him. He warmlv approved of the plan, suggested several facts in con- firmation of it, and encouraged Columbus to persevere in an undertaking so laudable, and which must redound so much to the honour of his country, and the benefit of Europe. To a mind less capable of forming and of executing great designs than that of Columbus, all those reason- ings, and observations, and authorities, would have served only as the foundation of some plausible and fruitless theory, which might have furnished matter for ingenious discourse or fanciful conjecture. But with his sanguine and enterprising temper, specula- tion led directly to action. Fully satisfied himself with respect to the truth of his system, he was impa- tient to bring it to the test of experiment, and to set out upon a voyage of discovery. The first step towards this was to secure the patronage of some of the considerable powers in Europe, capable of under- taking such an enterprise. As long absence had not extinguished the affection which he bore to his native country, he wished that it should reap the fruits of bis labours and invention. With this view, he laid his scheme before the senate of Genoa, and making his country the first tender of his service, offered to sail under the banners of the republic, in quest of the new regions which he expected to discover. But Columbus had resided for so many years in foreign parts, that his countrymen were unacquainted with his abilities and character ; and though a maritime people, were so little accustomed to distant voyages, that they could form no just idea of the principles on which he founded his hopes of success. They inconsiderately rejected his proposal, as the dream of a chimerical projector, and lost for ever the opportunity of restoring their commonwealth to its ancient splendour. Having performed what was due to his country, Columbus was so little discouraged by the repulse which he had received, that, instead of relinquishing his undertaking, he pursued it with fresh ardour. He made his next overture to John II. king of Portugal, in whose dominions he had been long established, and whom he considered, on that account, as having the second claim to his service. Here every circumstance seemed to promise him a more favourable reception : he applied to a monarch of an enterprising genius, no incompetent judge in naval affairs, and proud of patronizing every attempt to discover new countries. His subjects were the most experienced navigators in Europe, and the least apt to be intimidated either by the novelty or boldness of any maritime expedition. In Portugal, the professional skill of Columbus, as Well as his personal good qualities, were thoroughly known : and as the former rendered it probable that his scheme was not altogether visionary, the latter exempted him from the suspicion of any sinister intention in pro- posing it. Accordingly, the king listened to him in the most gracious manner, and referred the considera- tion of his plan to Diego Ortix, bishop of Ceuta, and two Jewish physicians, eminent cosmographers, whom he was accustomed to consult in matters of this kind. As in Genoa, ignorance had opposed and disappointed Columbus ; in Lisbon, he had to combat with preju- dice, an enemy no less formidable. The persons, according to whose decision his scheme was to be' adopted or rejected, had been the chief directors of the Portuguese navigations, and had advised to search for a passage to India, by steering a course directly opposite to that which Columbus recommended s shorter and more certain. They could not, therefore, approve of his proposal, without submitting to the double mortification of condemning their own theory, and acknowledging his superior sagacity. After teasing him with captious questions, and starting innumerable objections, with a view of betraying him into such a particular explanation of his system, as might draw from him a full discovery of its nature, they deferred passing a final judgment Avith respect to it. In the mean time, they conspired to rob him of the honour and advantages which he expected from the success of his scheme, advising the king to despatch a vessel secretly, in order to attempt the proposed discover)-, by following exactly the course which Columbu* seemed to point out. John, forgetting on this occa- sion the sentiments becoming a monarch, meanly adopted this perfidious counsel. But the pilot chosen to execute Columbia's plan, had neither the genius nor the fortitude of its author. Contrary winds arose, no sight of approaching land appeared; his courage failed, and he returned to Lisbon, execrating the project as equally extravagant and dangerous. Upon discovering this dishonourable transaction, Columbus felt the indignation natural to an ingenuous mind, and in the warmth of his resentment determined to break off all intercourse with a nation capable of such flagrant treachery. He instantly quitted the kingdom, and landed in Spain towards the close of the year one thousand four hundred ami eighty-four. A$ THE HISTORY OF AMERICA. he was now at liberty to court the protection of any patron, whom he could engage to approve of his plan, and to carry it into execution, he resolved to propose it in person to Ferdinand and Isabella, who at that time governed the united kingdoms of Castile and Arragon. But as he had already experienced the uncertain issue of application to kings and ministers, he took the precaution of sending into England his brother Bartholomew, to whom he had fully communi- cated his ideas, in order that he might negociate, at the same time, with Henry VII. who was reputed one of the most sagacious as well as opulent princes in Europe. It was not without reason that Columbus enter- tained doubts and fears with respect to the reception of his proposals in the Spanish court. Spain was, at that juncture, engaged in a dangerous war with Gra- nada, the last of the Moorish kingdoms in that country. The wary and suspicious temper of Ferdinand was not formed to relish bold or uncommon designs. Isabella, though more generous and enterprising, was under the influence of her husband in all her actions. The Spaniards had hitherto made no efforts to extend navigation beyond its ancient limits, and had beheld the amazing progress of discovery among their neighbours the Portuguese, without one attempt to imitate or to rival them. The war with the infidels afforded an ample field to the national activity and love of glory. Under circumstances so unfavourable, it was impos- sible for Columbus to make rapid progress with a nation, naturally slow and dilatory in forming all its resolutions. His character, however, was admirably adapted to that of the people whose confidence and protection he solicited. He was grave, though cour- teous in his deportment; circumspect in his words and actions ; irreproachable in his morals ; and ex- emplary in his attention to all the duties and functions of religion. By qualities so respectable, he not only gained many private friends, but acquired such general esteem, that, notwithstanding the plainness of his ap- pearance, suitable to the mediocrity of his fortune, he was not considered as a mere adventurer, to whom indigence had suggested a visionary project, but was received as a person to whose propositions serious attention was due. Ferdinand and Isabella, though fully occupied by their operations against the Moors, paid so much regard to Columbus, as to remit the consideration of his plan to the queen's confessor, Ferdinand de Talavera. He consulted such of his countrymen as were supposed best qualified to decide with respect to a subject of this kind. But true science had hitherto made so little progress in Spain, that the pretended philosophers, selected to judge in a matter of such moment, did not comprehend the first principles upon which Columbus founded his conjectures and hopes. Some of them, from mistaken notions concerning the dimensions of the globe, contended that a voyage to those remote parts of the east which Columbus expected to discover, could not be performed in less than three years. Others concluded, that either he would find the ocean to be of infinite extent, according to the opinion of some ancient philosophers ; or if he should persist in steering towards the west beyond a certain point, that the convex figure of the globe would prevent his return, and that he must inevitably perish, in the vain attempt to open a communication between the two opposite hemispheres, which nature had for ever disjoined. Even without deigning to enter into any particular discussion, many rejected the scheme in general, upon the credit of a maxim, under which the ignorant and unenterprising shelter themselves in every age, " That it is presumptuous in any person, to suppose that he alone possesses knowledge superior to all the rest of mankind united.'' They maintained, that if there were really any such countries as Columbus pretended, they could not have remained so long concealed, nor would the wisdom and sagacity of former ages have left the glory of this invention to an obscure Genoese pilot. It required all Columbus's patience and address to negociate with men capable of advancing such strange propositions. He had to contend not only with the obstinacy of ignorance, but with what is still more intractable, the pride of false knowledge. After in- numerable conferences, and wasting five years in fruitless endeavours to inform and to satisfy judges so little capable of deciding with propriety, Talavera, at last, made such an unfavourable report to Ferdi- nand and Isabella, as induced them to acquaint Columbus, that until the war with the Moors should be brought to a period, it would be imprudent to engage in any new and extensive enterprise. Whatever care was taken to soften the harshness of this declaration, Columbus considered it as a final rejection of his proposals. But, happily for mankind, that superiority of genius, which is capable 'of form- ing great and uncommon designs, is usually accom- panied with an ardent enthusiasm, which can neither be cooled by delays, nor damped by disappointment. Columbus was of this sanguine temper. Though he felt deeply the cruel blow given to his hopes, and retired immediately from a court, where he had been amused so long with vain expectations, his confidence in the justness of his own system did not diminish, and his impatience to demonstrate the truth of it by an actual experiment, became greater than ever. Having courted the protection of sovereign states without success, he applied next to persons of inferior rank, and addressed successively the Dukes of Medina Sidonia and Medina Celi, who, though subjects, were possessed of power and opulence more than equal to the enterprise which he projected. His negociations with them proved as fruitless as those in which he had been hitherto engaged; for these noblemen were either as little convinced by Columbus's arguments as their superiors, or they were afraid of alarming the jealousy and offending the pride of Ferdinand, by countenancing a scheme which he had rejected. Amid the painful sensations occasioned by such a succession of disappointments, Columbus had to sustain the additional distress of having received no accounts of his brother, whom he had sent to the court of England. In his voyage to that country, Bartholomew had been so unfortunate as to fall into the hands of pirates, who having stripped him of every thing, detained him a prisoner for several years. At length he made his escape, and arrived in London, but in such extreme indigence, that he was obliged to employ himself, during a considerable time, in draw- ing and selling maps, in order to pick up as much money as would purchase a decent dress, in which he might venture to appear at court. He then laid before the King the proposals with which he had been intrusted by his brother, and, notwithstanding Henry's excessive caution and parsimony, which rendered him averse to new or extensive undertakings, he received Columbus's overtures with more appro- bation than any monarch to whom they had hitherto been presented. Meanwhile, Columbus being unacquainted with his brother's fate, and having now no prospect of encou- ragement in Spain, resolved to visit the court of England in person, iu hopes of meeting with a more THE HISTORY OP AMERICA. favourable reception there. He had already made preparations for this purpose, and taken measures for the disposal of his children during his absence, when Juan Perez, the guardian of the monastery of llabida, near Palos, in which they had been educated, ear- nestly solicited him to defer his journey for a short time. Perez was a man of considerable learning, and of some credit with Queen Isabella, to whom he was known personally. He was warmly attached to Co- lumbus, with whose abilities as well as integrity he had many opportunities of being acquainted. Prompted by curiosity or by friendship, he entered upon an accurate examination of his system, in conjunction with a physician settled in the neighbourhood, who was a considerable proficient in mathematical know- ledge. This investigation satisfied them so tho- roughly, with respect to the solidity of the principles on which Columbus founded his opinion, and the probability of success in executing the plan which he proposed, that Perez, in order to prevent his country from being deprived of the glory and benefit which must accrue to the patrons of such a grand enterprise, ventured to write to Isabella, conjuring her to consider the matter anew with the attention which it merited. Moved by the representations of a person whom she respected, Isabella desired Perez to repair imme- diately to the village of Santa Fe, in which, on account of the siege of Granada, the court resided at that time, that she might confer with him upon this important subject. The first effect of their interview was a gracious invitation to Columbus back to court, accompanied with the present of a small sum to equip him for the journey. As there was now a certain prospect that the war with the Moors would speedily be brought to a happy issue by the reduction of Granada, which would leave the nation at liberty to engage in new undertakings ; this, as well as the mark of royal favour with which Columbus had been lately honoured, encouraged his friends to appear with greater confidence than formerly in support of his scheme. The chief of these, Alonso de Quia- linilla, comptroller of the finances in Castile, and Luis de Santangel, receiver of the ecclesiastical reve- nues in Arragon, whose meritorious zeal in promoting this great design entitles their names to an honour- able place in history, introduced Columbus to many persons of high rank, and interested them warmly in his behalf. But it was not an easy matter to inspire Ferdinand with favourable sentiments. He still regarded Colum- bus's project as extravagant and chimerical ; and in order to render the efforts of his partisans ineffec- tual, he had the address to employ, in this new negociation with him, some of the persons who had formerly pronounced his scheme to be impracticable. To their astonishment, Columbus appeared before them with the same confident hopes of success as for- merly, and insisted upon the same high recompence. He proposed that a small fleet should be fitted out, under his command, to attempt the discovery, and de- manded to be appointed hereditary admiral and viceroy of all the seas and lands which he should discover, and to have the tenths of the profits arising from them settled irrevocably upon himself and his descendants. At the same time he offered to advance the eighth part of the sum necessary for accomplishing his design, on condition that he should be entitled to a proportional share of benefit from the adventure. If the enterprise should totally miscarry, he made no stipulation for any reward or emolument whatever. Instead of viewing this conduct as the clearest evi- dence of his full persuasion with respect to the truth of his own system, or being struck with that magna- nimity which, after so many delays and repulses, would stoop to nothing inferior to its original claims, the persons with whom Cohimbus treated began meanly to calculate the expense of the expedition, and the value of the reward which he demanded. The expense, moderate as it was, they represented to be too great for Spain in the present exhausted state of its finances. They contended that the honours and emoluments claimed by Columbus were exorbitant, even if he should perform the utmost of what he had promised ; and if all his sanguine hopes should prove illusive, such vast concessions to an adventurer would be deemed not only inconsiderate, but ridiculous. In tin's imposing garb of caution and prudence, their opinion appeared so plausible, and was so warmly supported by Ferdinand, that Isabella declined giving any countenance to Columbus, and abruptly broke off the negociation with him which she had begun. This was more mortifying to Columbus than all the disappointments which he had hitherto met withl The invitation to court from Isabella, like an unex- pected ray of light, had opened such prospects of success as encouraged him to hope that his labours were at an end ; but now darkness and uncertainty returned, and his mind, firm as it was, could hardly support the shock of such an unforeseen reverse. He withdrew in deep anguish from court, with an inten- tion of prosecuting his voyage to England as his last resource. [A. D. 1492.] About that time Granada surren- dered, and Ferdinandjand Isabella, in triumphal pomp, took possession of a city, the reduction of which ex- tirpated a foreign power from the heart of their dominions, and rendered them masters of all the provinces, extending from the bottom of the Pyrenees to the frontiers of Portugal. As the flow of spirits which accompanies success elevates the mind and renders it enterprising, Quintanilla and Santangel, the vigilant and discerning patrons of Columbus, took advantage of this favourable situation, in order to make one effort more in behalf of their friend. They addressed themselves to Isabella, and after expressing some surprise that she, who had always been the munificent patroness of generous under- takings, should hesitate so long to countenance the most splendid scheme that had ever been proposed to any monarch; they represented to her that Columbus was a man of a sound understanding and virtuous character, well qualified, by his experience in naviga- tion, as well as his knowledge of geometry, to form just ideas with respect to the structure of the globe and the situation of its various regions ; that by offering to risk his own life and fortune in the execu- tion of his scheme, he gave the most satisfying evi- dence, both of his integrity and hope of success ; that the sum requisite for equipping such an arma- ment as (he demanded was inconsiderable, and the advantages which might accrue from his undertaking were immense; that he demanded no recompence for his invention and labour, but what was to arise from the countries which he should discover; that as it was worthy of her magnanimity to make this noble attempt to extend the sphere of human knowledge, and to open an intercourse with regions hitherto unknown, so it would afford the highest satisfaction to her piety and zeal, after re-establishing the Christian faith in those provinces of Spain from which it had been long banished, to discover a new world, to which she might communicate the light and blessings of divine truth; that if now she did not decide instantly, the THE HISTORY OP AMERICA. opportunity would be irretrievably lost; that Columbus was on his way to foreign countries, where some prince, more fortunate or adventurous, would close with his proposals, and Spain would for ever bewail that fatal timidity which had excluded her from the glory and advantages that she had once in her power to have enjoyed. These forcible arguments, urged by persons of such authority, and at a juncture so well chosen, pro- duced the desired effect. They dispelled all Isabella's doubts and fears ; she ordered Columbus to be in- stantly recalled, declared her resolution of employing him on his own terms, and regretting the low state of her finances, generously offered to pledge her own jewels, in order to raise, as much money as might be needed in making preparations for the voyage. Sant- angel, in a transport of gratitude kissed the queen's hand, and in order to save her from having recourse to such a mortifying expedient for procuring money, engaged to advance immediately the sum that was requisite. Columbus had proceeded some leagues on his journey, when the messenger from Isabella overtook him. Upon receiving an account of the unexpected resolution in his favour, he returned directly to Santa Fe, though some remnant of diffidence still mingled itself with his joy. But the cordial reception which he met with from Isabella, together with the near prospect of setting out upon that voyage which had so long been the object of his thoughts and wishes, soon effaced the remembrance of all that he had suf- fered in Spain, during eight tedious years of solicitation and suspense. The negociation now went forward with facility and despatch, and a treaty or capitulation with Columbus was signed on the seventeenth of April, one thousand four hundred and ninety-two. The chief articles of it were: 1. Ferdinand and Isabella, as Sovereigns of the Ocean, constituted Columbus their High Admiral in all the seas, islands, and continents, which should be discovered by his industry ; and stipulated that he and his heirs for ever should enjoy this office, with the same powers and prerogatives which belonged to the High Admiral of Castile, within the limits of his jurisdiction. 2. They appointed Columbus their Viceroy in all the islands and continents which he should discover; but if, for the better administration of affairs, it should here- after be necessary to establish a separate Governor in any of those countries, they authorized Columbus to name three persons, of whom they would choose one for that office ; and the dignity of Viceroy, with all its immunities, was likewise to be hereditary in the family of Columbus. 3. They granted to Columbus and his heirs for ever, the tenth of the free profits accruing from the productions and commerce of the countries which he should discover. 4. They de- clared, that if any controversy or law-suit shall arise with respect to any mercantile transaction in the countries which should be discovered, it should be determined by the sole authority of Columbus, or of judges to be appointed by him. 5. They permitted Columbus to advance one-eighth part of what should be expended in preparing for the expedition, and in carrying on commerce with the countries which he should discover, and entitled him, in return, to an eighth part of the profit. Though the name of Ferdinand appears conjoined with that of Isabella in this transaction, his distrust of Columbus was still so violent that he refused to take any part in the enterprise as King of Arragon. As the whole expense of the expedition was to be defrayed by the Crown of Castile, Isabella reserved for her subjects of that kingdom an exclusive right to all the benefits which might redound from its success. As soon as the treaty was signed, Isabella, by h(-r attention and activity in forwarding the preparations for the voyage, endeavoured to make some reparation to Columbus for the time which he had lost in fruit- less solicitation. By the twelfth of May, all that de- pended upon her was adjusted ; and Columbus waited on the King and Queen, in order to receive their final instructions. Every thing respecting the destination and conduct of the voyage, they committed implicitly to the disposal of his prudence. But that they might avoid giving any just cause of offence to the King of Portugal, they strictly enjoined him not to approach near to the Portuguese settlements on the coast of Guinea, or in any of the other countries to which the Portuguese claimed right as the discoverers. Isabella had ordered the ships, of which Columbus was to take the command, to be fitted out in the port of Palos, a small maritime town in the province of Andalusia. As the guardian, Juan Perez, to whom Columbus had already been so much indebted, re- sided in the neighbourhood of this place, he, by the influence of that good ecclesiastic, as well as by his own connexion with the inhabitants, not only raised among them what he wanted of the sum that he was bound by treaty to advance, but pngaged several of them to accompany him in the voyage. The chief of these associates were three brothers of the name of Pinzon, of considerable wealth, and of great ex- perience in naval affairs, who were willing to hazard their lives and fortunes in th expedition. But, after all the efforts of Isabella and Columbus, the armament was not suitable, either to the dignity of the nation by which it was equipped, or to the im- portance of the service for which it was destined. It consisted of three vessels. The largest, a ship of no considerable burthen, was commanded by Columbus, as Admiral, who gave it the name of Santa Maria, out of respect for the blessed Virgin, whom he honoured with singular devotion. Of the second, called the Pinta, Martin Pinzon was captain, and his brother Francis pilot. The third, named the j\~iunn, was under the command of Vincent Yanez Pinzon. These two were light vessels, hardly superior in burthen or force to large boats. This squadron, if it merits that name, was victualled for twelve months, and had on board ninety men, mostly sailors, together with a few adventurers who followed the fortune of Columbus, and some gentlemen of Isabella's court, whom she appointed to accompany him. Though the expense of the undertaking was one of the circum- stances which chiefly alarmed the court of Spain, and retarded so long the negociation with Columbus, the sum employed in fitting out the squadron did not exceed four thousand pounds. As the art of ship-building in the fifteenth century was extremely rude, and the bulk of vessels was accommodated to the short and easy voyages along the coast which they were accustomed to perform, il is a proof of the courage as well as enterprising genius of Columbus, that he ventured, with a fleet so unfit for a distant navigation, to explore unknown seas, where he had no chart to guide him, no knowledge of the tides and currents, and no experience of the dangers to which he might be exposed. His eagerness to accomplish the great design which had so long en- grossed his thoughts, made him overlook or disregard every circumstance that would have intimidated a mind less adventurous. He pushed forwards the preparations with such ardour, and was seconded so effectually by the persons to whom Isabella committed THE HISTORY OP AMERICA. the superintendance of this business, that every thing was soon in readiness tor the voyage. But us Columbus was deeply impressed with sentiments of religion, he would not set out upon an expedition so arduous, and of which one great object was to extend the know- ledge of the '.Christian faith, without imploring publicly the guidance and protection of Heaven. With this view, he, together with all the persons under his command, marched in solemn procession to the monastery of Rabida. After confessing their sins, and obtaining absolution, they received the holy sacrament from the hands of the guardian, who joined his prayers to theirs for the success of an enterprise which he had so zealously patronized. Xext morning, being Friday the third day of August, in the year one thousand four hundred and ninety-two, Columbus set sail, a little before sun- rise, in presence of a vast crowd of spectators, who sent up their supplications to Heaven for the pros- perous issue of the voyage, which they wished rather than expected. Columbus steered directly for the Canary Islands [August 13], and arrived there with- out any occurrence that would have deserved notice on any other occasion. But, in a voyage of such expectation and importance, every circumstance was the object of attention. The rudder of the Pinta broke loose the day after she left the harbour, and that accident alarmed the crew, no less superstitious than unskilful, as a certain omen of the unfortunate destiny of the expedition. Even in the short run to the Canaries, the ships were found to be so crazy and ill-appointed, as to be very improper for a navigation which was expected to be both long and dangerous. Columbus refitted them, however, to the best of his power, and having supplied himself with fresh pro- visions, he took his departure from Gomcra, OIK- of the most westerly of the Canary Islands, on the sixth day of September. Here the voyage of discovery may properly be said to begin ; for Columbus, holding his course due west, left immediately the usual track of navigation, and stretched into unfrequented and unknown seas. The first day, as it was very calm, he made hut little way ; but on the second, he lost sight of the Canaries ; and many of the sailors, dejected already and dismayed. when they contemplated the boldness of the under- taking, began to beat their breasts, and to shed tears, sis if they were never more to behold land. Columbus comforted them with assurances of success, and the prospect of vast wealth, in those opulent regions whither he was conducting them. This early dis- covery of the spirit of his followers taught Columbus that he must prepare to struggle, not only with the unavoidable difficulties which might be expected irom the nature of his undertaking, but with such as were likely to arise from the ignorance and timidity of the people under his command ; and he perceived that the art of governing the minds of men would be no less requisite for accomplishing the discoveries which he had in view, than naval skill and undaunted courage. Happily for himself, and for the country by which he was employed, he joined to the ardent temper and inventive genius of a projector, virtues of another species, which are rarely united with them. He possessed a thorough knowledge of mankind, an insinuating address, a patient perseverance in execut- ing any plan, the perfect gov'e^nment of his own passions, and the talent of acquiring an ascendant over those of other men. All these qualities, which formed him for command, were accompanied with that superior knowledge of his profession, which begets confidence in times of difficulty and danger. To unskilful Spanish sailors, accustomed only to coasting voyages in the Mediterranean, the maritime science of Columbus, the fruit of thirty years' ex- perience, improved by an acquaintance with all the inventions of the Portuguese, appeared immense. As soon as they put to sea, he regulated every thing by his sole authority ; he superintended the execution of every order : and allowing himself only a few hours for sleep, he was at all other times upon deck. As his course lay through seas which had not formerly been visited, the sounding-line, or instruments for observation, were continually in his harjds. After the example of the Portuguese discoverers, he attended to the motion of tides and currents, watched the flight of birds, the appearance of fishes, of sea-weeds,, and of every thing that floated on the waves, and entered every occurrence, with a minute exactness, in the journal which he kept. As the length of the voyage could not fail of alarming sailors habituated only to short excursions, Columbus endeavoured to conceal from them the real progress which they made. With this view, though they run eighteen leagues on the second day after they left Gomera, he gave out that they had advanced only fifteen, and he uniformly employed the same artifice of reckoning short during the whole voyage. By the fourteenth of September, the fleet was above two hundred leagues to the west of the Canary Isles, at a greater distance from land than any Spaniard had been before that time. There they were struck with an appearance no less astonish- in^ than neu. They observed that the magnetic needle, in their compasses, did not point exactly to the polar star, but varied towards the west ; and as they proceeded, this variation increased. This appearance, which is now familiar, though it still remains one of the mysteries of nature, into the cause of which the sagacity of man hath not been able to penetrate, filled the companions of Columbus with terror. They were now in a boundless and unknown ocean, far from the usual course of navigation ; nature; itself seemed to be altered, and the only guide which they had left was about to fail them. Columbus, with no less quickness than ingenuity, invented a reason for this appearance, which, though it did not satisfy himself, seemed so plausible to them, that it dispelled their fears, or silenced their murmurs. He still continued to steer due west, nearly in the same latitude with the Canary Islands. In, this course, he came within the sphere of the trade wind, which blows invariably from east to west, between the tropics and a fewdegrees beyond them. He advanced before this steady gale with such uniform rapidity, that it was seldom necessary to shift a sail. When about four hundred leagues to the west of the Canaries, he found the sea so covered with weeds, thai it resembled a meadow of vast extent, and in some places they were so thick, as to retard the motion of the vessels. This strange appearance occasioned new alarm and disquiet. The sailors imagined that they were now arrived at the utmost boundary of the navigable ocean ; that these floating weeds would obstruct their furtherprogress, and concealed dangerous rocks, or some large tract of land, which had sunk, y knew not how, in that place. Columbus en- oured to persuade them, that what had alarmed, rather to have encouraged them, and was to be considered as a sign of approaching land. At the same time, a brisk gale arose, and carried them forward. Several birds were seen hovering about the ship (13), and directed their flight towirds the west. The desponding crew resumed some degree of spirit, and began to entertain fresh hopes. THE HISTORY OP AMERICA. Upon the first of October they were, according to the admiral's reckoning, seven hundred and seventy J(vii;ii(\s to the west of the Canaries ; but lest his men should be intimidated by the prodigious length of the navigation, he gave out that they had proceeded only five hundred and eighty-four leagues ; and, fortunately for Columbus, neither his own pilot, nor those of the other ships, had skill sufficient to correct this error, und discover the deceit. They had now been above three weeks at sea ; they had proceeded far beyond what former navigators had attempted or deemed possible; 'all their prognostics of discovery, drawn from the flight of birds and other circumstances, had proved fallacious ; the appearances of land, with which their own credulity or the artifice of their commander had from time to time flattered and amused them, had been altogether illusive, and their prospect of success seemed now to be as distant as ever. These reflections occured often to men, who had no other object or occupation than to reason and discourse concerning the intention and circumstances of their expedition. They made impression, at first, upon the ignorant and timid, and extending, by degrees, to such as were better informed or more resolute, the contagion spread at length from ship to ship. From secret whispers or murmurings, they proceeded to open cabals and public complaints. They taxed their sovereign with inconsiderate credulity, in paying such regard to the vain promises and rash conjectures of an indigent foreigner, as to hazard the lives of so many of her own subjects, in prosecuting a chimerical scheme. They affirmed that they had fully performed their duty, by venturing so far in an unknown and hopeless course, and could incur no blame for refusing to follow, any longer, a desperate adventurer to certain dcstru tion. They contended, that it was necessary to think of returning to Spain, while their crazy vessels were still in a condition to keep the sea, but expressed their fear that the attempt would prove vain, as the wind, which had hitherto been so favourable to their course, must render it impossible to sail in the opposite di- rection. All agreed that Columbus should be compelled by force to adopt a measure on which thei common safety depended. Some of the more audacious proposed, as the most expeditious and certain metho( for getting rid at once of his remonstrances, to throw him into the sea, being persuaded that, upon thei return to Spain, the death of an unsuccessful pro- jector would excite little concern, and be inquirec into with no curiosity. Columbus was fully sensible of his perilous situa tion. He had observed, with great uneasiness, tin fatal operation of ignorance and of fear in producing disaffection among his crew, and saw that it was now ready to burst out into open mutiny. He retained however, perfect presence of mind. He affected t seem ignorant of their machinations. Notwithstand ing the agitation and solicitude of his own mind, h appeared with a cheerful countenance, like a mai satisfied with the progress he had made, and confi dent of success. Sometimes he employed all th arts of insinuation, to soothe his men. Sometime he endeavoured to work upon their ambition o avarice, by magnificent descriptions of the fame an wealth which they were about to acquire. On othe occasions, he assumed a tone of authority, an 'threatened them with vengeance from their sovereign if, by their dastardly behaviour, they should defea this noble effort to promote the glory of God, ai to exalt the Spanish name above that of every othe nation. Even with seditious sailors, the words of man whom they had been accustomed to reverence ere weighty and persuasive, and not only restrained :iom from those violent excesses which they medi- ated, but prevailed with them to accompany their dmiral for some time longer. As they proceeded, the indications of approaching and seemed to be more certain, and excited hope in roportion. The birds began to appear in flocks, i.aking towards the south-west. Columbus, in imi- ation of the Portuguese navigators, who had been uided, in several of their discoveries, by the motion f birds, altered his course from due west towards hat quarter whither they pointed their flight. But, fter holding on for several days in this new direction, rithout any better success than formerly, having seen 10 object, during thirty days, but the sea and the ky, the hopes of his companions subsided faster han they had risen ; their fears revived with addi- ional force ; impatience, rage, and depair, appewd n eveiy countenance. All sense of subordination ras lost : the officers, who had hitherto concurred nth Columbus in opinion, and supported his autho- ity, now took part with the private men : they as- sembled tumultuously on the deck, expostulated with ;heir commander, mingled threats with their expostu- ations, and required him instantly to tack about and return to Europe. Columbus perceived that it would be of no avail to have recourse to any of his former arts, which having been tried so often had lost heir effect ; and that it was impossible to rekindle any zeal for the success of the expedition among men, n whose breasts fear had extinguished every generous sentiment. He saw that it was no less vain to think of employing either gentle or severe measures to quell a mutiny so general months and five days from the time he left that port. Thus, during the course of the fifteenth century, mankind made greater progress in exploring the stiite of the habitable globe, than in all the ages which had clasped previous to that period. The spirit of dis- covery, feeble at first and cautious, moved within a very narrow sphere, and made its efforts with hesita- tion and timidity. Encouraged by success, it became adventurous, and boldly extended its operations. In the course of its progression, it continued to arquiro vigour, and advanced at length with a rapidity and force which burst through all the limits within winch ignorance and fear had hitherto circumscribed the activity of the human race. Almost fifty years were employed by the Portuguese in creeping along the coast of Africa from Cape Non to Cape cle Verd, tho latter of which lies only twelve degrees to the south of the former. In loss than thirty years they ventured beyond the equinoctual line into another hemisphere, and penetrated to the southern extremity of Africa, at the distance of forty-nine degrees from Cape de Verd. During the last seven years of the century, a New World was discovered in the west, not inferior in extent to all the parts of the earth with which mankind were at that time acquainted. In the east, unknown seas and countries were found out, and a communi- cation, long desired, but hitherto concealed, was opened between Europe and the opulent regions of India. In comparison with events so wonderful and unexpected, all that had hitherto boon deemed great or splended faded away and disappeared. Vast objects now presented themselves. The human mind, roused and interested by the prospect, engaged with ardour in pursuit of them, and exerted its active powers in a new direction. This spirit of enterprise, though but newly awakened in Spain, began soon to operate extensively. All the attempts towards discovery made in that kingdom had hitheito been carried on by Columbus alone, and at the expeiice of the sovereign. But now private ad- venturers, allured by tho magnificent descriptions he gave of the regions which he had visited, as well as by the specimens of their wealth which he produced, offered to fit out squadrons at their own risk, and to go in quest of new countries. The Spanish court, whose scanty revenues were exhausted by the charge of its expedition to the New World, which, though they opened alluring prospects of future benefit, yielded a very sparing return of present profit, was extremely willing to devolve the burthen of discovery upon its subjects. It sei/ed with joy an opportunity of rendering the avarice, tho ingenuity, and efforts of projectors, instrumental in promoting designs of cer- tain advantage to the public, though of doubtful success with respect to themselves. One of the first propositions of this kind was made by Alonso de Ojeda, a gallant and active officer, Avho had accompa- nied Columbus in his second voyage. His rank and character procured him such credit with the merchants of Seville, that they undertook to equip four ships, provided he could obtain the royal licence, authorizing the voyage. The powerful patronage of the bishop of Badajns easily secured success in a suit so agree- able to the court. Without consulting Columbus, or regarding the rights and jurisdiction which he had acquired by the capitulation in one thousand four hundred and ninety-two, Ojeda was permitted to set THE HISTORY OF AMERICA. out for the Now World. In order to direct his course, the bishop communicated to him the admiral's journal of his last voyace, and his charts of the countries which lie had discovered. Ojeda struck out into no new path of navigation [May], but adhering servilely to the route which Columbus had taken, arrived on the coast of Paria. He traded with the natives, and standing to the west, proceeded as far as Cape do Vela, and ranged along a considerable extent of coast beyond that on which Columbus had touched. Having thus ascertained the opinion of Columbus [October], that this country was a part of the continent, Ojeda returned by way of Hispaniola to Spain, with some reputation as a discoverer, but with little benef.t to those who had raised the funds for the expedition. Amerigo Vespucci, a Florentine gentleman, accom- panied Ojeda in this voyage. In what station he served is uncertain ; but as he was an experienced sailor, and eminently skilful in all the sciences sub- servient to navigation, he seems to have acquired such authority among his companions, that they willingly allowed him to have a chief share in directing their operations during the voyage. Soon after his return, lie transmitted an account of his adventures and dis- coveries to one of his countrymen ; and labouring with the vanity of a traveller to magnify his own exploits, h>> had the address and confidence to frame his narra- tive, so as to make it appear that he had the glory of having first discovered the continent in the New Wor.'d. Amerigo's account was drawn up not only with art, but with some elegance. It contained an amusing history of his voyage, and judicious observa- tions upon the natural productions, the inhabitants, and the custom of the countries which he had visited. As it was the first description of any part of the New World, that wai published, a performance so well calculated to gratify the passion of mankind for what is new and marvellous, circulated rapidly, and was read with admiration. The country of which Amerigo was supposed to be the discoverer, came gradually to be called by his name. The caprice of mankind, often as unaccountable as unjust, has perpetuated this error. By the universal consent of nations, America is the name bestowed on this new quarter of the globe. The bold pretensions of a fortunate impostor have robbed the discoverer of the New World of a distinc- tion which belonged to him. The name of Amerigo has supplanted that of Columbus ; and mankind may regret an act of injustice, which having received the sanction of time, it is now too late to redress [22]. During the same year, another voyage of discovery was undertaken. Columbus not only introduced the spirit of naval enterprise into Spain, but all the first adventurers who distinguished themselves in this new career, were formed by his instructions, and acquired in his voyages the skill and information which qualified them to imitate his example. Alonso Nigno who had served under the admiral in his last expedition, fitted out a single ship, in conjunction with Christopher Guerra, a merchant of Seville, and sailed to the coast of Paria. This voyage seems to have been conducted with greater attention to private emolument, than to any general or national object. Nigno and Guerra made no discoveries of any import- ance ; but they brought home such a return of gold and pearls, as inflamed their countrymen with the desire of engaging in similar adventures. [A. D. 1500, JAN. 13.] Soon after, Vincent Yanez Pinzon, one of the admiral's companions in his first voyage, sailed from Palos with four ships. He stood boldly towards the south, and was the first Spaniard who ventured to cross the equinoctial lijac J but he seems to have landed on no part of the coast beyond the mouth of the Maragnon, or river of the Amazons. AH these navigators adopted the erroneous theory of Columbus, and believed that the countries which they had discovered were part of the vast continent of India. During the last year of the fifteenth century, that fertile district of America, on the confines of which Pinzon had stopped short, was more fully discovered. The successful voyage of Gama to the East Indies having encouraged the king of Portugal to fit out a lleet so powerful, as not only to carry on trade, but to attempt conquest, he gave the command of it to Pedro Alvarez Cabral. In order to avoid the coast of Africa, where he was certain of meeting with vari- able breezes, or frequent calms, which might retard his voyage, Cabral stood out to sea, and kept so far to the west, that, to his surprise, he found himself upon the shore of an unknown country, in the tenth degree beyond the line. He imagined at first that it was some island in the Atlantic ocean, hitherto unobserved; but proceeiing along its coasts for seve.al days, he was led gradually to believe, that a country so extensive formed a part of some great continent. This hitter opinion was well founded. The country with which he fell in belongs tb that province in South America, now known by the name of Brazil. lie landed ; and having formed a very high idea of the fertility of the soil, and agreeableness of the climate, lie took possession of it for the crown of Portugal, and dispatched a ship to Lisbon with an account of this event, which appeared to be no less important than it was unexpected. Columbus's discovery of the New World was the eflbrt of an active genius, enlightened by science, guided by experience, and acting upon a regular plan, executed with no less courage than perseverance. But from this adventure of the Portuguese, it appears that chance might have accomplished that great design which is now the pride of human reason to have formed and perfected. If the sagacity of Columbus had not conducted mankind to America, Cabral, by a fortunate accident, might have led them, a few years later, to the knowledge of that extensive continent. While the Spaniards and Portuguese, by those successive voyages, were daily acquiring more en- larged ideas of the extent and opulence of that quarter of the globe which Columbus had made known to them, he himself, far from enjoying the tranquillity and honours with which his services should have been recompensed, was struggling with every distress in which the envy and malevolence of the people under his command or the ingratitude of the court which he served, could involve him. Though the pacification with Roldan broke the union and weak- ened the force of the mutineers, it did not extirpate the seeds of discord out of the island. Several of the malcontents continued in arms, refusing to submit to the Admiral. He and his brothers were obliged to take the field alternately, in order to check their incursions, or to punish their crimes. The perpetual occupation and disquiet which this created, prevented him from giving due attention to the dangerous machinations of his enemies in the court of Spain. A good number of such as were most dissatisfied with his administration, had embraced the opportu- nity of returning to Europe with the ships which he despatched from St. Domingo. The final disappoint- ment of all their hopes inflamed the rage of these unfortunate adventurers against Columbus to the utmost pitch. Their poverty and distress, by exciting compassion, rendered their accusations credible, aw* 40 THE HISTORY OP AMERICA. their complaints interesting. They teased Ferdinand and Isabella incessantly with memorials, containing the detail of their own grievances, and the articles of their charge against Columbus. Whenever either the king or queen appeared in public, they surrounded them in a tumultuary manner, insisting with impor- tunate clamours for the payment of the arrears due to them, and demanding vengeance upon the author of their sufferings. They insulted the admiral's sons wherever they met them, reproaching them as the offspring of the projector, whose fatal curiosity had discovered those pernicious regions which drained Spain of its wealth, and would prove the grave of its people. These avowed endeavours of the malcontents from America to ruin Columbus, were seconded by the secret but more dangerous insinuations of that party among the courtiers which had always thwarted his schemes and envied his success and credit. Ferdinand was disposed to listen.not only with a will- ing but with a partial ear, to these accusations. Notwith- standing the flattering accounts which Columbus had given of the riches of America, the remittances from it had hitherto been so scanty, that they fell far short of defraying the expence of the armaments fitted out. The glory of the discovery, together with the prospect of remote commercial advantages, was all that Spain had yet received in return for the efforts she had made. But time had already diminished the first sensations of joy which the discovery of a New World occasioned, and fame alone was not an object to satisfy the cold interested mind of Ferdinand. The nature of commerce was then so little understood, that where immediate gain was not acquired, the hope of distant benefit, or of slow and moderate returns, was totally disregarded. Ferdinand considered Spain, on this account, as having lost by the enterprise of Columbus, and imputed it to his misconduct and incapacity for government, that a country abounding in gold had yielded nothing of value to its conquerors. Even Isabella, who from the favorable opinion which she entertained of Columbus, had uniformly protected him, was shaken at length by the number and boldness of his accusers, and began to suspect that a disaffec- tion so general must have been occasioned by real grievances, which called for redress. The Bishop of Badajos, with his usual animosity against Columbus, encouraged these suspicions and confirmed them. As soon as the queen began to give way to the torrent of calumny, a resolution fatal to Columbus was taken. Francis de Bovadilla, a knight of Cala- trava, was appointed to repair to Hispaniola, with full powers to inquire into the conduct of Columbus, and if he should find the charge of mal-administration proved, to supersede him, and assume the government of the island. It was impossible to escape condem- nation, when this preposterous commission made it the interest of the judge to pronounce the person whom he was sent to try, guilty. Though Columbus had now composed all the dissensions in the island ; though he had brought both Spaniards and Indians to submit peaceably to his government ; though he had made such effectual provision for working the mines, and cultivating the country, as would have secured a considerable revenue to the king, as well as large profits to individuals, Bovadilla, without deigning to attend to the nature or merit of those services, discovered, from the moment that he landed in Hispaniola, a determined purpose of treating him as a criminal, He took possession of the admiral's house in St. Domingo, from which its master happened at that time to be absent, and seized his effects, as if his guilt had been, already fully proved ; he rendered- himself master of the fort and of the king's stores by violence ; he required all persons to acknowledge him as supreme governor ; he set at liberty the prisoners confined by the admiral ; and summoned him to appear before his tribunal, in order to answer for his con- duct ; transmitting to him, together with the summons, a copy of the royal mandate, by which Columbus was enjoined to yield implicit obedience to his commands. [October.] Columbus, though deeply affected with the ingratitude and injustice of Ferdinand and Isabella, did not hesitate a moment about his own conduct. He submitted to the will of his sovereigns with a respectful silence, and repaired directly to the court of that violent and partial judge whom they had au- thorized to try him. Bovadilla, without admitting him into his presence, ordered him instantly to b arrested, to be loaded with chains, and hurried on board a ship. Even under this humiliating reverse of fortune, the firmness of mind which distinguishes the character of Columbus did not forsake him. Conscious of his own integrity, and solacing himself with reflecting upon the great things which he had achieved, he endured this insult offered to his cha- racter, not only with composure, but with dignity. Nor had he the consolation of sympathy to mitigate his sufferings. Bovadilla had already rendered him- self so extremely popular, by granting various immu- nities to the colony, by liberal donations of Indians to all who applied for them, and by relaxing the reins of discipline and government, that the Spaniaids, who were mostly adventurers, whom their indigence or crimes had compelled to abandon their native country, expressed the most indecent satisfaction with the disgrace and imprisonment of Columbus. They flattered themselves, that now they should/enjoy an uncontrolled liberty, more suitable to their dispo- sition and former habits of life. Among persons thus prepared to censure the proceedings and to asperse the character of Columbus, Bovadilla collected materials for a charge against him. All accusa- tions, the most improbable, as well as inconsistent, were received. No informer, however infamous, was rejected. The result of this inquest, no less indecent than partial, he transmitted to Spain. At the same time, he ordered Columbus, with his two brothers, to be carried thither in fetters ; and, adding cruelty to insult, he confined them in different ships, and excluded them from the comfort of that friendly intercourse which might have soothed their common distress. But while the Spaniards in Hispaniola viewed the arbitrary and insolent proceedings of Bovadilla with a general approbation, which reflects dishonour upon their name and country, one man still retained a proper sense of the great actions which Columbus had performed, and was touched with the sentiments of veneration and pity due to his rank, his age, and his merit. Alonzo de Valejo, the captain of the vessel on board which the admiral was confined, as soon as he was clear of the island, approached his prisoner with great respect, and offered to release him from the fetters with which he was unjustly loaded. " No," replied Columbus, with a generous indignation, " I wear these irons in consequence of an order from my sovereigns. They shall find me as obedient to this as to their other injunctions. By their command I have been confined, and their com- mand alone shall set me at liberty." [November 23.] Fortunately, the voyage to Spain was extremely short. As soon as Ferdinand and Isabella were informed that Columbus was brought home a prisoner, and in chains, they perceived at once what universal astonishment this event must THE HISTORY OF AMERICA. 41 occasion, and what an impression to their disadvan- tage it must make. All Europe, they foresaw, would be filled with indignation at this ungenerous requital of a man who had performed actions worthy of the highest recompence, and would exclaim against the injustice of the nation, to which he had been such an eminent benefactor, a-s we'll as against the ingra- titude of the princes whose reign he had rendered illustrious. Ashamed of their own conduct, and eager not only to make some reparation for this injury, but to efface the stain which it might fix upon their character, they instantly issued orders to set Columbus at liberty [December 17], invited him to court, and remitted money to enable him to appear there in a manner suitable to his rank. When he entered the royal presence, Columbus threw himself at the feet of his Sovereigns. He remained for some time silent ; the various passions which agitated his mind sup- pressing his power of utterance. At length he recovered himself, and vindicated his conduct in a long dis- course, producing the most satisfying proofs of his own integrity as well as good intention, and evidence, no less clear, of the malevolence of his enemies, who, not satisfied with having ruined his fortune, laboured to deprive him of what alone was now left, his honour and his fame. Ferdinand received him with decent civility, and Isabella with tenderness and respect. They both expressed their sorrow for what had happened, disavowed their knowledge of it, and joined in promis- ing him protection and future favor. But though they instantly degraded Bovadilla, in order to remove from themselves any suspicion of having authorized his violent proceedings, they did not restore to Columbus his jurisdiction and privileges as viceroy of those countries which he had discovered. Though willing to appear the avengers of Columbus's wrongs, that illiberal jealousy which prompted them to invest Bovadilla with such authority as put it in his power to treat the admiral with indignity, still subsisted. They were afraid to trust a man to whom they had been so highly indebted, and retaining him at couit under various pretexts, thejr appointed Nicholas de Ovando, a knight of the military order of Alcantara, governor of Hispaniola. Columbus was deeply affected with this new injury, which came from hands that seemed to be employed in making reparation for his past sufferings. The sensibility with which great minds feel every thing that implies any suspicion of their integrity, or that wears the aspect of an affront, is exquisite. Colum- bus had experienced both from the Spaniards ; and their ungenerous conduct exasperated him to such a degree, that he could no longer conceal the sentiments which it excited. Wherever he went he carried about with him, as a memorial of their ingratitude, those fetters with which he had been loaded. They were constantly hung up in his chamber, and he gave orders, that when he died they should be buried in his grave. [A. D. 1501.] Meanwhile, the spirit of discovery, notwithstanding the severe check which it had receiv- ed by the ungenerous treatment of the man who first excited it in Spain, continued active and vigorous. Roderigo de Bastidas, a person of distinction, fitted out two ships [January] in copartnery with John de la Cosa, who having served under the Admiral in two of his voyages, was deemed the most skilful pilot in Spain. They steered directly towards the continent, arrived on the coast of Paria, and proceeding to the west, discovered all the coast of the province now known by the name of Tierra Firme, from Cape de Vela to the gulf of Darien. Not long after, Ojeda, HISTORY OF AMERICA, No, . with his former associate, Amerigo Vespucci, set out upon a second voyage, and being unacquainted with the destination of Bastidas, held the same course, and touched at the same places. The voyage of Bas- tidas was prosperous and lucrative, that of Ojeda un- fortunate. But both tended to increase the ardour of discovery ; for in proportion as the Spaniards acquired a more extensive knowledge of the American conti- nent, their idea of its opulence and fertility increased. Before these adventurers returned from their voyages, a fleet was equipped, at the public expense, for carrying over Ovando, the new governor, to Hispaniola. His presence there was extremely requisite, in order to stop the inconsiderate career of Bovadilla, whose imprudent administration threatened the settlement with ruin. Conscious of the violence and iniquity of his proceedings against Columbus, he continued to make it his sole object to gain the favour and support of his countrymen, by accommodating himself to their passions and prejudices. With this view, he established regulations in every point the reverse of those which Columbus deemed essential to the prosperity of the colony. Instead of the severe discipline, necessary in order to habituate the disso- lute and corrupted members of which the society was composed, to the restraints of law and subordination, he suffered them to enjoy such uncontrolled license, as encouraged the wildest excesses. Instead of protecting the Indians, he gave a legal sanction to the oppression of that unhappy people. He took the exact number of such as survived their past calamities, divided them into distinct classes, distributed them in property among his adherents, and reduced all the people of the island to a state of complete servitude. As the avarice of the Spaniards was too rapacious and impatient to try any method of acquiring wealth but that of searching for gold, this servitude became as grievous as it was unjust. The Indians were driven in crowds to the mountains, and compelled to work in the mines, by masters who imposed their tasks without mercy or discretion. Labour so dis- proportioned to their strength and former habits of life, wasted that feeble race of men with such rapid consumption, as must have soon terminated in the utter extinction of the ancient inhabitants of the country. The necessity of applying a speedy remedy to those disorders, hastened Ovando's departure. He had the command of the most respectable armament hitherto fitted out for the New World. It consisted of thirty- two ships, on board of which two thousand five hun- dred persons embarked, with an intention of settling in the country. Upon the arrival of the new governor with this powerful reinforcement to the colony, Bovadilla, resigned his charge, and was commanded to return instantly to Spain, in order to answer for his conduct. Roldan, and the other ringleaders of the mutineers, who had been most active in opposing Columbus, were required to leave the island at the same time. A proclamation was issued, declaring the natives to be free subjects of Spain, of whom no service was to be exacted contrary to their own incli- nation, and without paying them an adequate price for their labour. With respect to the Spaniards them- selves, various regulations were made, tending to- suppress the licentious spirit which had been so fatal to the colony, and to establish that reverence for law and order on which society is founded, and to which it is indebted for its increase and stability. In order to limit the exorbitant gain which private persons were supposed to make by working the mines, an ordinance was published, directing all the gold, tq be brought to G 42 THE HISTORY OF AMERICA. a public smelting-house, and declaring one half of it to be the property of the crown. While these steps were taking for securing the tranquillity and welfare of the colony which Columbus had planted, he himself was engaged in the unpleasant employment of soliciting the favour of an ungrateful court, and notwithstanding all his merit and services he solicited in vain. He demanded, in terms of the original capitulation in one thousand four hundred and ninety-two, to be reinstated in his office of viceroy over the countries which he had discovered. By a strange fatality, the circumstance whicli he urged in support of his claim, determined a jealous monarch to reject it. The greatness of his il-scoveries, and the prospect of their increasing value, made Ferdinand consider the concessions in the capi- tulation as extravagant and impolitic. He was afraid of intrusting a subject with the exercise of a juris- diction that now appeared to be so extremely exten- sive, and might grow to be no less formidable. He inspired Isabella with the same suspicions ; and under various pretexts, equally frivolous and unjust, they eluded all Columbus's requisitions to perform that which a solemn compact bound them to accomplish. After attending the court of Spain for near two years, as an humble suitor, he found it impossible to remove Ferdinand's prejudices and apprehensions ; and perceived, at length, that he laboured in vain, when he urged a claim of justice or merit with an interested and unfeeling prince. But even this ungenerous return did not discourage him from pursuing the great object which first called forth his inventive genius, and excited him to attempt discovery. To open a new passage to the East Indies, was his original and favourite scheme. This still engrossed his thoughts ; and either from his own observations in his voyage to Paria, or from some obscure hint of the natives, or from the accounts given "by Bastidas and De la Cosa of their expedition, he conceived an opinion that, beyond the continent of America, there was a sea which extended to the East Indies, and hoped to find some strait or narrow neck of land, by which a communication might he opened with it and the part of the ocean already known. By a very fortunate conjecture, he supposed this strait or isthmus to be situated near the gulf of Darien. Full of this idea, though he was now of an advanced age, worn out with fatigue, and broken with infirmities, he offered, with the alacrity of a youthful adventurer, to undertake a voyage which would ascertain this important point, and perfect the grand scheme which from the beginning he proposed to accomplish. Several circumstances concurred in disposing Ferdinand and Isabella to lend a favourable ear to this proposal. They were glad to have the pretext of any honourable employment for removing from court a man with whose demands they deemed it impolitic to comply, and whose services it was indecent to neglect. Though unwilling to reward Columbus, they were not insensible of his merit, and from their experience of his skill and conduct, had reason to give credit to his conjectures, and to confide in his success. To these considerations, a third must be added of still more powerful influence. About this time the Portuguese fleet, under Cabral, arrived from the Indies ; and, by the richness of its cargo, gave the people of Europe a more perfect idea than they had hitherto been able to form, of the opulence and fertility of the East. The Portuguese had been more fortunate in their discoveries than the Spaniards. They had opened a communication with countries where industry, arts, and elegance flourished ; and, where commerce had been longer established, and carried to a greater extent, than in any region of tin- earth. Their first voyages thither yielded immediate as well as vast returns of profit, in commodities extremely precious and in great request. Lisbon became immediately the seat of commerce and wealth ; while Spain had only the expectation of remote benefit, and of future gain, from the western world. Nothing, then, could be more acceptable to the Spaniards than Columbus's offer to conduct them to the East, by a route which Ke expected to be shorter, as well as less dangerous, than that which the Portu- guese had taken. Even Ferdinand was roused by such a prospect, and warmly approved of the under- taking. But interesting as the object of this voyage was to the nation, Columbus could only procure four small barks, the largest of which did not exceed seventy tons in burden, for performing it. Accustomed to brave danger, and to engage in arduous undertakings with inadequate force, he did not hesitate to accept the command of this pitiful squadron. His brother Bartholomew, and his second son Ferdinand, the historian of his actions, accompanied him. He sailed from Cadiz on the ninth of May, and touched, as usual, at the Canary islands ; from thence he pro- posed to have stood directly for the continent ; but his largest vessel was so clumsy and unfit for service, as constrained him to bear away for Hispaniola, in hopes of exchanging her for some ship of the fleet that had carried out Ovando. When he arrived at St. Domingo (June 29), he found eighteen of these ships ready loaded, and on the point of departing for Spain. Columbus immediately acquainted the gover- nor with the destination of his voyage, and the accident which had obliged him to alter his route. He requested permission to enter the harbour, not only that he might negociate the exchange of his ship, but that he might take shelter during a violent hurricane, of which he discerned the approach from various prognostics, which his experience and sagacity had taught him to observe. On that account, he advised him likewise to put off for some days the departure of the fleet bound for Spain. But Ovando refused his request, and despised his counsel. Under circumstances in which humanity would have afforded refuge to a stranger, Columbus was denied admittance into a country of which he had discovered the exist- ence and acquired the possession. His salutary warning, which merited the greatest attention, was regarded as the dream of a visionary prophet, who arrogantly pretended to predict an event beyond the reach of human foresight. The fleet set sail for Spain. Next night the hurricane came on with dreadful impetuosity. Columbus, aware of the danger, took precautions against it, and saved his little squadron. The fleet destined for Spain met with the fate which the rashness and obstinacy of its commanders deserved. Of eighteen ships, two or three only escaped. In this general wreck perished Bovadilla, Roldan, and the greater part of those who hadbeen the most activein persecuting Columbus, and oppressing the Indians, Together with themselves, all the wealth which they had acquired by their injustice and cruelty was swallowed up. It exceeded in value two hundred thousand pesos; an immense sum at that period, and sufficient not only to have screened them from any severe scrutiny into their conduct, hut to have secured them a gracious recep- tion in the Spanish court. Among the ships that escaped, one had on board all the effects of Columbus which .had been recovered from the ruins of his THE' HISTORY OP AMERICA. ' fortune. Historians, struck with the exact discrimi- nation of characters, as well as the just distribution of rewards and punishments, conspicuous in those events, universally attributed them to an immediate interposition of Divine Providence, in order to avenge the wrongs of an injured man, and to punish the oppressors of an innocent people. Upon the ignorant and superstitious race of men, who were witnesses of this occurrence, it made a different impression. From an opinion which vulgar admiration is apt to enter- tain with respect to persons who have distinguished themselves by their sagacity and inventions, they believed Columbus to be possessed of supernatural powers, and imagined that he had conjured up this dreadful storm by magical art and incantations, in order to be avenged of his enemies. [July 14.] Columbus soon left Hispaniola, where he met with such an inhospitable reception, and stood towards the continent. After a tedious and dangerous voyage, he discovered Guanaia, an island not far distant from the coast of Honduras. There he had an interview with some inhabitants of the continent, who arrived in a large canoe. They appeared to be a people more civilized, and who had made greater progress in the knowledge of useful arts, than any whom he had hitherto discovered. In return to the inquiries which the Spaniards made, with their usual eagerness, con- cerning the places where the Indians got the gold which they Avore by way of ornament, they directed them to countries situated to the west, in which gold was found in such profusion, that it was applied to the most common uses. Instead of steering in quest of a country so inviting, which would have conducted him along the coast of Yucatan to the rich empire of Mexico, Columbus was so bent upon his favourite scheme of finding out the strait which he supposed to communicate with the Indian ocean, that he bore away to the east, towards the gulf of Darien. In this navigation he discovered all the coast of the continent, from Cape Gracias a Dios, to a harbour which, on account of its beauty and security, he called Porto Bello. He searched in vain for the imaginary strait, through which he expected to make his way into an unknown sea ; and though he went on shore several times, and advanced into the country, he did not penetrate so far as to cross the narrow isthmus which separates the gulf of Mexico from the great southern ocean. He was so much delighted, however, with the fertility of the country, end con- ceived such an idea of its wealth, from the specimens of gold produced by the natives, that he resolved to leave a small colony upon the river Belen [A. D. 1503], in the province of Veragua, under the command of his brother, and to return himself to Spain, in order to procure what was requisite for rendering the establishment permanent. But the ungovernable spirit of the people under his command, deprived Columbus of the glory of planting the first colony on the continent of America. Their insolence and rapaciousness provoked the natives to take arms, and as these were a more hardy and warlike race of men than the inhabitants of the islands, they cut off part of the Spaniards, and obliged the rest to abandon a station which was found to be untenable. This repulse, the first that the Spaniards met with from any of the American nations, was not the only misfoitune that befell Columbtis ; it was followed by a succession of all the disasters to which navigation is exposed. Furious hurricanes, with violent storms of thunder and lightning, threatened his leaky vessels with destruction ; while his discontented crew, exhausted with fatigue, and destitute of provisions, was unwilling or unable to execute his commands. One of his ships perished ; he was obliged to abandon another, as unfit for service; and with the two which remained, he quitted that part of the continent, which in his anguish he named the Coast of Vexation, and bore away for Hispaniola. New distresses awaited him in this voyage. He was driven back by a violent tempest from the coast of Cuba, his ships fell foul of one another, and were so much shattered by the shock, that with the utmost difficulty they reached Jamaica [June 24]. where he was obliged to run them aground, to prevent them from sinking. The measure of his calamities seemed now to be full. He was cast ashore upon an island at a considerable distance from the only settlement of the Spaniards in America. His ships were ruined beyond the possi- bility of being repaired. To convey an account of his situation to Hispaniola, appeared impracticable; and without this it was vain to expect relief. His genius, fertile in resources, and most vigorous in those perilous extremities, when feeble minds abandon themselves to despair, discovered the only expedient which afforded any prospect of deliverance. He had recourse to the hospitable kindness of the natives, who, considering the Spaniards as beings of a supe- rior nature, were eager, on every occasion, to minister to their wants. From them he obtained two of their canoes, each formed out of the trunk of a single tree hollowed with fire, and so mis-shapen and awkward as hardly to merit the name of boats. In these, which were fit only for creeping along the coast, or crossing from one side of a bay to another, Mendez, a Spaniard, and Fieschi, a Genoese, two gentlemen particularly attached to Columbus, gallantly offered to set out for Hispaniola, upon a voyage of above thirty leagues. This they accomplished in ten days, after surmounting incredible dangers, and enduring such fatigues that several of the Indians who accompanied them sunk under it, and died. The attention paid to them by the governor of Hispaniola was neither such as thoir courage merited, nor the distress of the persons from whom they came required. Ovando, from a mean jealousy of Colum- bus, was afraid of allowing him to set foot in the island under his government. This ungenerous passion hardened his heart against every tender sen- timent, which reflection upon the services and mis- fortunes of that great man, or compassion for his own fellow-citizens involved in the same calamities, must have excited. Mendez and Fieschi spent eight months in soliciting relief for their commander and associates, without any prospect of obtaining it. During this period, various passions agitated the mind of Columbus and his companions in adversity. At first the expectation of speedy deliverance, from the success of Mendez and Fieschi's voyage, cheered the spirits of the most desponding. [A. D. 1504.] After some time the most timorous began to suspect that they had miscarried in their daring attempt. At length, even the most sanguine concluded that they had perished. The ray of hope which had broken in upon them, made their condition appear now moro dismal. Despair, heightened by disappointment, settled in every breast. Their last resource had failed, and nothing remained but the prospect of ending their miserable days among naked savages, far from their country and their friends. The ssamen, in a transport of rage, rose in open mutiny, threatened the life of Columbus, whom they reproached as the author of all their calamities, seized ten canoes, which he had purchased from the Indians, and, despising his remonstrances and entreaties, made off with them to 44 THE HISTORY OF AMERICA. a distant part of the island. At the same time the natives murmured at the long residence of the Spaniards in thoir country. As their industry was not greater than that of their neighbours in Hispaniola, like them they found the burden of supporting so many strangers to be altogether intolerable. They began to bring in provisions with reluctance, they furnished them with a sparing hand, and threatened to withdraw those supplies altogether. Such a reso- lution must have been quickly fatal to the Spaniards. Their safety depended upon the good-will of the Indians ; and unless they could revive the admiration and reverence with which that simple people had at first beheld them, destruction was unavoidable. Though the licentious proceedings of the mutineers had, in a great measure, effaced those impressions which had been so favourable to the Spaniards, the ingenuity of Columbus suggested a happy artifice, that not only restored but heightened the high opinion which the Indians had originally entertained of them. By his skill in astronomy he knew that there was shortly to be a total eclipse of the moon. He assembled all the principal persons of the district around him on the day before it happened, and, after reproaching them for their fickleness in withdrawing their affection and assistance from men whom they had lately revered, he told them, that the Spaniards were servants of the Great Spirit who dwells in heaven, who made and governs the world ; that he, offended at their refusing to support men who were the objects of his peculiar favour, was preparing to punish this crime with exemplary severity, and that very night the moon should withhold her light, and appear of a bloody hue, as a sign of the divine wrath, and an emblem of the vengeance ready to fall upon them. To this marvellous prediction some of them listened with the careless indifference peculiar to the people of America ; others, with the credulous asto- nishment natural to barbarians. But when the moon began gradually to be darkened, and at length appeared of a red colour s all were struck with terror. They ran with consternation to their houses, and returning instantly to Columbus loaded with provi- sions, threw them at his feet, conjuring him to inter- cede with the Great Spirit to avert the destruction with which they were threatened. Columbus, seeming to be moved by their entreaties, promised to comply with their desire. The eclipse went off, the moon recovered its splendour, and from that day the Spaniards were not only furnished profusely with provisions, but the natives, with superstitious atten- tion, avoided every thing that could give them offence. During those transactions, the mutineers had made repeated attempts to pass over to Hispaniola in the canoes which they had seized. But from their own misconduct, or the violence of the winds and currents, their efforts were all unsuccessful. Enraged at this disappointment, they marched towards that part of the island where Columbus remained, threatening him with new insults and danger. While they were advancing, an event happened, more cruel and afflicting than any calamity which he dreaded from them. The governor of Hispaniola, whose mind was still filled with some dark suspicions of Columbus, sent a small bark to Jamaica, not to deliver his distressed coun- trymen, but to spy out their condition. Lest the sympathy of those whom he employed should afford them relief, contrary to his intention, he gnve the command of this vessel to Escobar, an inveterate enemy of Columbus, who, adhering to his instructions with malignant accuracy, cast anchor at some distance from the island, approached the shore in a small boat, observed the wretched plight of the Spaniards, deli- vered a letter of empty compliments to the admiral, received his answer, and depai tod. When the Spaniards first descried the vessel standing towards the island every heart exulted, as if the long-expected hour of their deliverance had at length arrived; but when it disappeared so suddenly, they sunk into tho deepest dejection, and all their hopes died away. Columbus alone, though he felt most sensibly this wanton insult which Ovando added to his past neglect, retained such composure of mind as to be able to cheer his followers. He assured them, thatMendez and Fieschi had reached Hispaniola in safety ; that they would speedily procure ships to carry them off; but, us Escobar's vessel could not take them all on board, that he had refused to go with her, because he was determined never to abandon the faithful companion* of his distress. Soothed with the expectation of speedy deliverance, and delighted with his apparent generosity in attending more to their preservation than to his own safety, their spirits revived, and he regained their confidence. Without this confidence he could not have resisted the mutineers, who were now at hand. All his endeavours to reclaim those desperate men had no effect but to increase their phrenzy. Their demands became every day more extravagant, and their inten- tions more violent and bloody. The common safety rendered it necessary to oppose them with open force. Columbus, who had been Jong afflicted with the gout, could not take the field. His brother, the adelantado, marched against them. [May 20.] They quickly met. The mutineers rejected with scorn terms of accomo- dation, which were once more offered them, and rushed on boldly to the attack. They fell not upon an enemy unprepared to receive them. In the first shock several of their most daring leaders were slain. The adelantado, whose strength was equal to his courage, closed with their captain, wounded, dis- armed, and took him prisoner. At sight of this, the rest fled with a dastardly fear suitable to their former insolence. Soon after, they submitted in a body to Columbus, and bound themselves by the most solemn oaths to obey all his commands. Hardly was tran- quillity re-established, when the ships appeared whose arrival Columbus had promised with great address, though he could foresee it with little cer- tainty. With transports of joy, the Spaniards quitted an island in which the unfeeling jealousy of Orando had suffered them to lauguish above a year, exposed to misery in all its various forms. When they arrived at St. Domingo, the governor, with the mean artifice of a vulgar mind, that labours to atone for insolence by servility, fawned on the man whom he envied, and had attempted to ruin. He received Columbus with the most studied respect, lodged him in his own house, and distinguished him with every mark of honour. But amidst those over- acted demonstrations of regard, he could not conceal the hatred and malignity latent in his heart. He set at liberty the captain of the mutineers, whom Co- lumbus had brought over in chains, to be tried for his crimes ; and threatened such as had adhered to the admiral with proceeding to a judicial inquiry into their conduct. Columbus submitted in silence to what he could not redress ; but discovered an extreme impatience to quit a country which was under the jurisdiction of a man who had treated him, on every occasion, with inhumanity and injustice. [September 12.] His preparations were soon finished, and he set sail for Spain with two ships. THE HISTORY OF AMERICA. 45 Disasters similar to those which had accompanied him through life continued to pursue him to the end of his career. One of his vessels being disabled, was soon forced back to St. Domingo; the other, shattered by violent storms, sailed seven hundred leagues with jury-masts [December], and reached with difficulty the port of St. Lucar. There he received the account of an event [Nov. 9.] the most fatal that could have befallen him, and which completed his misfortunes. This was the death of his patroness queen Isabella, in whose justice, hu- manity, and favour, he confided as his last resource. None now remained to redress his wrongs, or to reward him for his services and sufferings, but Ferdinand, who had so long opposed and so often injured him. To solicit a prince thus prejudiced against him, was an occupation no less irksome than hopeless. In this, however, was Columbus doomed to employ the close of his days. As soon as his health was in some degree re-established, he repaired to court ; and though he was received there with civility barely decent, he plied Ferdinand with petition after petition, demanding the punishment of his oppressors, and the restitution of all the privileges bestowed upon him by the capitulation of one thousand four hundred and ninety-two. Ferdinand amused him with fair words and unmeaning promises. Instead of granting his claims, he opposed expedients in order to elude them, and spun out the affair with such apparent art, as plainly discovered his intention that it should never be terminated. The declining health of Columbus flattered Ferdinand with the hopes of being soon delivered from an importunate suitor, and encouraged him to persevere in this illiberal plan. Nor was he deceived in his expectations. Disgusted with the ingratitude of a monarch whom he had served with such fidelity and success, exhausted with the fatigues and hardships which he had endured, and broken with the infirmities which these had brought upon him, Columbus ended his life at Valladolid on the twentieth of May, one thousand five hundred and six, in the fifty-ninth year of his age. He died with a composure of mind suitable to the magnanimity which distinguished his character, and with sentiments of piety becoming that supreme respect for religion, which he had manifested in every occurrence of his life. BOOK III. WHILE Columbus was employed in his last voyage, several events worthy of notice happened in His- paniola. The colony there, the parent and nurse of all the subsequent establishments of Spain in the New World, gradually acquired the form of a regular and prosperous society. The humane solicitude of Isabella to protect the Indians from oppression, and particularly the proclamation by which the Spaniards were prohibited to compel them to work, retarded, it is true, for some time the progress of improvement. The natives, who considered exemption from toil as supreme felicity, scorned every allurement and reward by which they were invited to labour. The Spaniards had not a sufficient number of hands either to work the mines or to cultivate the soil. Several of the first colonists, who had been accustomed to the service of the Indians, quitted the island, when deprived of those instruments without which they knew not how to carry on any operation. Many of the new settlers who came over with Ovando, were sei/ed with the distempers peculiar to the climate, and in a short space above a thousand of them died. At the same time, the exacting one half of the product of the mines as the royal share, was found to be a demand so exorbitant, that no adventurers would engage to work them upon such terms. In order to save the colony from ruin, Ovando ventured to relax the rigour of the royal edicts. [A. D. 1505.] He made a new distribution of the Indians among the Spaniards, and compelled them to labour, for a stated time, in digging the mines, or in cultivating the ground ; but in order to screen himself from the imputation of having subjected them again to servitude, he enjoined their masters to pay them a certain sum, as the price of their work. He reduced the royal share of the gold found in the mines from the half to the third part, and soon after lowered it to a fifth, at which it long remained. Notwithstanding Isabella's tender concern for the good treatment of the Indians, and Ferdinand's eagerness to improve the royal revenue, Ovando persuaded the court to approve of both these regulations. But the Indians, after enjoying respite from oppression, though during a short interval, now felt the yoke of bondage to be so galling, that they made several attempts to vindicate their own liberty. This the Spaniards considered as rebellion, and took arms in order to reduce them to subjection. When war is carried on between nations whos'e state of improve- ment is in any degree similar, the means of defence bear some proportion to those employed in the attack ; and in this equal contest such efforts must be made, such talents are displayed, and such passions roused, as exhibit mankind to view in a situation no less striking than interesting. It is one of the noblest functions of history, to observe and to delineate men at a juncture when their minds are most violently agitated, and all their powers and passions are called forth. Hence the operations of war, and the struggles between contending states, have been deemed by historians, ancient as well as modern, a capital and important article in the annals of human actions. But in a contest between naked savages, and one of the most warlike of the European nations, where science, courage and discipline on one side, were opposed by ignorance, timidity, and disorder on the other, a particular detail of events would be as unpleasant !as uninstructive. If the simplicity and innocence of the Indians had inspired the Spaniards with humanity, had softened the pride of superiority into compassion, and had induced them to improve the inhabitants of the New World, instead of oppressing them, some sudden acts of violence, like the too rigorous chastisements of impatient instruc- tors, might have been related without horror. But, unfortunately, this consciousness of superiority operated in a different manner. The Spaniards were advanced so far beyond the natives of America in improvement of every kind, that they viewed them with contempt. They conceived the Americans to be animals of an inferior nature, who were not entitled to the rights and privileges of men. In peace, they subjected them to servitude. In war, they paid no regard to those hftvs, which, by a tacit convention between contending nations, regulate hostility, and set some bounds to its rage. They considered them not as men fighting in defence of their liberty, but as slaves who had revolted against their masters. The caziques, when taken, were condemned, like the leaders of banditti, to the most cruel and ignominious punishments ; and all their subjects, without regard- ing the distinction of ranks established among them, were reduced to the same state of abject slavery. With such a spirit and sentiments were hostilities carried on against the cazique of Higuey, a province THE HISTORY OP AMERICA. at tho eastern extremity of the island. This war was occasioned by the perfidy of the Spaniards, in violat- ing a treaty which they had made with the natives, and it was terminated by hanging up the cazique, who defended his people with bravery so far superior to that of his countrymen, as entitled him to a better fate. The conduct of Ovando, in another part of the island, was still more treacherous and cruel. The province anciently named Xaragua, which extends from the fertile plain where Leogane is now situated, to the western extremity of the island, was subject to a female cazique, named Anacoana, highly respected by the natives. She, from that partial fondness with which the women of America were attached to the Europeans, (the cause of which shall be afterwards explained,) had always courted the friendship of the Spaniards, and loaded them with benefits. But some of the adherents of Roldan having settled in her country, were so much exaspe- rated at her endeavouring to restrain their excesses, that they accused her of having formed a plan to throw off the yoke, and to exterminate the Spaniards. Ovando, though he knew well what little credit was due to such profligate men, marched, without further inquiry, towards Xaragua, with three hundred foot and seventy horsemen. To prevent the Indians from taking alarm at this hostile appearance, he gave out that his sole intention was to visit Anacoana, to whom his countrymen had been so much indebted, in the most respectful manner, and to regulate with her the mode of levying the tribute payable to the King of Spain. Anacoana, in order to receive this illustrious guest with due honour, assembled the principal men in her dominions, to the number of three hundred, and advancing at the head of these, accompanied by a great crowd of persons of inferior rank, she welcomed Ovando with songs and dances, according to the mode of the country, and conducted him to the place of her residence. There he was feasted for some days, with all the kindness of simple hospitality, and amused with the games and spec- tacles usual among the Americans upon occasions of mirth and festivity. But amidst the security which this inspired, Ovando was meditating the destruc- tion of his unsuspicious entertainer and her subjects ; and the mean perfidy with which he executed this scheme, equalled his barbarity in forming it. Under colour of exhibiting to the Indians the parade of an European tournament, he advanced with histroops in battle array, towards the house in which Anacoana and the chiefs who attended her, were assembled. The infantry took possession of all the avenues which led to the village. The horsemen encompassed the house. These movements were the object of admira- tion without any mixture of fear, until, upon a signal which had been concerted, the Spaniards suddenly drew their swords, and rushed upon the Iudhns, defenceless and astonished at an act of treachery which exceeded the conception of undesigning men. In a moment Anacoana was secured. All her at- tendants were seized and bound. Fire was set to the house ; and without examination or conviction, all these unhappy persons, the most illustrious in their own country, were consumed in the flames. Anacoana was reserved for a more ignominious fate. She was ca ried in chains to St. Domingo, and, after the formality of a trial before Spanish judges, she was condemned, upon the evidence of those very men who had betrayed her, to be publicly hanged. Overawed and humbled by this atrocious treatment of their princes and nobles, who were objects of their highest reverence, the people in all the provinces of Hispaniola submitted, without further resistance, to the Spanish yoke. Upon the death of Isabella, all the regulations tending to mitigate the rigour of their servitude were forgotten. The small gratuity paid to them as the price of their labour was withdrawn, and at the same time the tasks imposed upon them were increased [A. D. 1506]. Ovando, without any re- straint, distributed Indians among his friends in the island. Ferdinand, to whom the queen had left by will one half of the revenue arising from the settle- ments in the New World, conferred grants of a similar nature upon his courtiers, as the least expensive mode of rewarding their services. They farmed out the Indians, of whom they were rendered proprietors, to their countrymen settled in Hispaniola ; and that wretched people, being compelled to labour in order to satisfy the rapacity of both, the exactions of their oppressors no longer knew any bounds. But, barba- rous as their policy was, and fatal to the inhabitants of Hispaniola, it produced, for some time, very con- siderable effects. By calling forth the force of a whole nation, and exerting it in one direction, the working of the mines was carried on with amazing rapidity and success. During several years, the gold brought into the royal smelting-house in Hispaniola amounted annually to four hundred and sixty thousand, pesos, above a hundred thousand pounds sterling ; which, if we attend to the great change in the value of money since the beginning of the sixteenth century to the present times, must appear a considerable sum. Vast fortunes were created, of a sudden, by some. Others dissipated, in ostentatious profusion, what they acquired with facility. Dazzled by both, new adventurers crowded to America, with the most eager impatience to share in those treasures which had enriched their countrymen ; and, notwithstanding the mortality occasioned by the unhealthiness of the climate, the colony continued to increase. Ovando governed the Spaniards with wisdom aud justice not inferior to the rigour with which he treated the Indians. He established equal laws ; and, by executing them with impartality, accustomed the people of the colony to reverence them. He founded several new towns in different parts of the island, and allured inhabitants to them, by the concession of various immunities. He endeavoured to turn the attention of the Spaniards to some branch of industry more useful than that of searching for gold in the mines. Some slips of the sugar-cane having been brought from the Canary Islands by way of experi- ment, they were found to thrive with such increase in the rich soil and warm climate to which they were transplanted, that the cultivation of them soon became an object of commerce. Extensive plantations were begun ; sugar-works, which the Spaniards called ingenios, from the various machinery employed in them, were erected, and in a few years the manufac- ture of this commodity was the great occupation of the" inhabitants of Hispaniola, and the most consider- able source of their wealth. The prudent endeavours of Ovando to promote the welfare of the colony were powerfully seconded by Ferdinand. The large remittances which he received from the New World opened his eyes, at length, with respect to the importance of those discoveries, which he had hitherto affected to undervalue. Fortune, and his own address, having now extricated himout of those difficulties in which he had been involved by the death of his queen [A. D. 1507], and by his disputes with his son-in-law about the government of her dominions, he had full leisure to turn his attention to the affairs THE HISTORY OF AMERICA. 47 of America. To his provident sagacity, Spain is indebted for many of those regulations which gradually formed that system of profound but jealous policy, by which she governs her dominions in the New World. He erected a court distinguished by the title of the Casa de Contratacion, or Board of Trade, composed of persons eminent for rank and abilities, to whom he committed the administration of American affairs. This board assembled regularly in Seville, and was invested with a distinct, and extensive jurisdiction. He gave a regular form to ecclesiastical government in America, by nominating archbishops, bishops, deans, together with clergymen of subordinate ranks, to take charge of the Spaniards established there, as well as of the natives who should embrace the Christian faith. But notwithstanding the obsequious devotion of the Spanish court to the papal see, such was Ferdinand's solicitude to prevent any foreign power from claiming jurisdiction or acquiring influence in his new dominions, that he reserved to the crown of Spain the sole right of patronage to the benefices in America, and stipulated that no papal bull or mandate should be promulgated there, until it was previously- examined and approved of by his council. With the same spirit of jealousy, he prohibited any goods to be exported to America, or any person to settle there, without a special licence from that council. But, notwithstanding this attention to the police and welfare of the colony, a calamity impended which threatened its dissolution. The original inhabitants, on whose labour the Spaniards in Hisponiola depended for their prosperity, and even their existence, wasted so fast, that the extinction of the whole race seemed to be inevitable. When Columbus discovered Hispa- niola, the number of its inhabitants were computed to le at least a million. They were now reduced to sixty thousand in the space of fifteen years. This consumption of the human species, no less amazing than rapid, was the effect of several concurring causes. The natives of the American islands were of a more feeble constitution than the inhabitants of the other hemisphere. They could neither perform the same work, nor endure the same fatigue, with men whose organs were of a more vigorous conformation. The .listless indolence in which they delighted to pass their days, as it was the effect of their debility, contributed likewise to increase it, and rendered them, from habit as well as constitution, incapable of hard labour. The food on which they subsisted afforded little nourish- ment, and they were accustomed to take it in small quantities not sufficient to invigorate a languid frame, and render it equal to the efforts of active industry. The Spaniards, without attending to those peculiarities in the constitution of the Americans, imposed tasks upon them, which, though not greater than Europeans might have performed with ease, were so, dispropor- tioned to their strength, that many sunk uoder the fatigue, and ended their wretched days. Others, prompted by impatience and despair, cut short their own lives with a violent hand. Famine, brought on by compelling such numbers to abandon the culture of their lauds, in order to labour in the mines, proved fatal to many. Diseases of various kinds, some occa- sioned by the hardships to which they were exposed, and others by their intercourse with the Europeans who communicated to them some of their peculiar maladies, completed the desolation of the island. The Spaniards, being thus deprived of the instruments which they were accustomed to employ, found it impossible to extend their improvements, or even to carry on the works which they had already begun. [A.D, 1508.] In order to provide an immediate remedy for an evil so alarming, Ovando proposed to transport the inhabitants of the Lucayo islands to Hispaniola, under pretence that they might be civilized with more facility, and instructed to greater advantage in the Christian religion, if they were united to the Spanish colony, and placed under the immediate inspection of the missionaries settled there. Ferdinand, deceived by this artifice, or willing to connive at an act of. violence which policy represented as necessary, gave his assent to the proposal. Several vessels were fitted out for the Lucayos, the commanders of which in- formed the natives, with whose language they were now well acquainted, that they came from a delicious country, in which the departed ancestors of the Indians resided, by whom they were sent to invite their de- scendants to resort thither, to partake of the bliss enjoyed there by happy spirits. That simple people listened with wonder and credulity ; and fond of visiting their relations and friends in that happy region, followed the Spaniards with eagerness. By this artifice, above forty thousand were decoyed into Hispaniola, to share in the sufferings which were the lot of the inhabitants of that island, and to mingle their groans and tears with those of that wretched race of men. The Spaniards had, for some time, carried on their operations in the mines of Hispaniola with such ardour, as well as success, that these seemed to have engrossed their whole attention. The spirit of dis- covery languished ; and, since the last voyage of Columbus, no enterprise of any moment had been undertaken. But as the decrease of the Indians rendered it impossible to acquire wealth in that island with the same rapidity as formerly, this urged some of the more adventurous Spaniards to search for new countries, where their avarice might be gratified with more facility. Juan Ponce de Leon, who commanded under Ovando in the eastern district of Hispaniola, passed over to the island of St. Juan de Puerto Rico, which Columbus had discovered in his second voyage, and penetrated into the interior part of the country. As he found the soil to be fertile and expected, from some symptoms, as well as from the information of the inhabitants, to dis- cover mines of gold in the mountains, Ovando per- mitted him to attempt making a settlement in the island. This was easily effected by an officer emi- nent for conduct no less than for courage. In a few years Puerto Rico was subjected to the Spanish government, the natives were reduced to servitude ; and, being treated with the same inconsiderate rigour as their neighbours in Hispaniola, the race of original inhabitants, worn out with fatigue and sufferings, was soon exterminated. About the same time, Juan Diaz de Solis, in conjunction with Vincent Yanez Pinzon, one of Co- lumbus's original companions, made a voyage to the continent. They held the same course which Co- lumbus had taken, as far as to the island of Guanaios ; but, standing from thence to the west, they discovered a new and extensive province, afterwards known by the name of Yucatan, and pro- ceeded a considerable way along the coast of that country. Though nothing memorable occurred in this voyage, it deserves notice, because it led to dis- coveries of greater importance. From the same reason, the voyage of Sebastian de Ocampo must be mentioned. By the command of Ovando, he sailed round Cuba, and first discovered with certainty that this country, which Columbus once supposed to be a part of the continent, was a large island. This voyage round Cuba was one of the last THE HISTORY OF AMERICA. occurrences under the administration of Ovando. Ever since the deatli of Columbus, his son Don Diego had been employed in soliciting Ferdinand to grant him the offices of viceroy and admiral in the New World, together with all the immunities and profits which descended to him by inheritance, in consequence of the original capitulation with his father. But if these dignities and revenues appeared so considerable to Ferdinand, that, at the expense of being deemed unjust as well as ungrateful, he had wrested them from Columbus, it is not surprising that he should be unwilling to confer them on his son. Accordingly, Don Diego wasted two years in incessant but fruit- less importunity. Weary of this, he endeavoured at length to obtain, by a legal sentence, what he could not procure from the favour of an interested mo- narch. He commenced a suit against Ferdinand before the council which managed Indian affairs, and that court, with integrity which, reflects honour upon its proceedings, decided against the king, and sus- tained Don Diego's claim of the viceroyalty, together with all the other privileges stipulated in the capitu- lation. Eren after this decree, Ferdinand's repug- nance to put a subject in possession of such extensive rights, might have thrown in new obstacles, if Don Diego had not taken a step which interested very powerful persons in the success of his claims. The sentence of the council of the Indies gave him a title to a rank so elevated, and a fortune so opulent, that he found no difficulty in concluding a marriage with Donna Maria, daughter of Don Ferdinand de Toledo, great commendator of Leon, and brother of the Duke of Alva, a nobleman of the first rank, and nearly re- lated to the king. The Duke and his family espoused so warmly the cause of their new ally, that Ferdinand could not resist their solicitations. He recalled Ovando, [A. D. 1509,] and appointed Don Diego his successor, though, even in conferring this favour, he could not conceal his jealousy; for he allowed him to assume only the title of governor, not that of viceroy, which had been adjudged to belong to him. Don Diego quickly repaired to Hispaniola, attended by his brother, his uncles, his wife, whom the courtesy of the Spaniards honoured with the title of vice- queen, and a numerous retinue of persons of both sexes, born of good families. He lived with a splen- dour and magnificence hitherto unknown in the New World ; and the family of Columbus seemed now to enjoy the honours and rewards due to his inventive genius, of which he himself had been cruelly de- frauded. The colony itself acquired new lustre by the accession of so many inhabitants of a different rank and character from most of those who had hitherto migrated to America, and many of the most illustrious families in the Spanish settlements are descended from the persons who at that time accom- panied Don Diego Columbus. No benefits accrued to the unhappy natives from this change of governors. Don Diego was not only authorized by a royal edict to continue the reparti- mientos, or distribution of Indians, but the particular number which he might grant to every person, ac- cording to his rank in the colony, was specified. He availed himself of that permission, and soon after he landed at St. Domingo, he divided such Indians as were still unappropriated, among his relations and attendants. The next care of the new governor was to comply with an instruction which he received from the king, about settling a colony in Cubagua, a small island which Columbus had discovered in his third voyage. Though this barren spot hardly yielded subsistence to its wretched inhabitants, such quantities of those oysters which produce pearls were found on its coast, that it did not long escape the inquisitive avarice of the Spaniards, and became a place of con- siderable resort. Large fortunes were acquired by the fishery of pearls, which was carried on with ex- traordinary ardour. The Indians, especially those from the Lucayo islands, were compelled to dive for them ; and this dangerous and unhealthy employment was an additional calamity, which contributed not a little to the extinction of that devoted race. About this period, Juan Diaz de Solis and Pinzon set out, in conjunction, upon a second voyage. They stood directly south, towards the equinoctial line, which Pinzon had formerly crossed, and advanced as far as the fortieth degree of southern latitude. They were astonished to find that the continent of America stretched on their right hand, through all this vast extent of ocean. They landed in different places, to take possession in name of their sovereign ; but though the country appeared to be extremely fertile and inviting, their force was so small, having been fitted out rather for discovery than making settle- ments, that they left no colony behind them. Their voyage served, however, to give the Spaniards more exalted and adequate ideas with respect to the di- mensions of this new quarter of the globe. Though it was about ten years since Columbus had discovered the main land of America, the Spani- ards had hitherto made no settlement in any part of it. What had been so long neglected was now seri- ously attempted, and with considerable vigour; though the plan for this purpose was neither formed, by the crown, nor executed at the expense of the nation, but carried on by the enterprising spirit of private adventurers. This scheme took its rise from Alonso de Ojeda, who had already made two voyages as a discoverer, by which he acquired considerable reputation, but no wealth. But his character for intrepidity and conduct easily procured him associ- ates, who advanced the money requisite to defray the charges of the expedition. About the same time, Diego de Nicuessa, who had acquired a large fortune in Hispaniola, formed a similar design. Ferdinand encouraged both ; and though he refused to advance the smallest sum, was extremely liberal of titles and patents. He erected two governments on the con- tinent, one extending from Cape de Vela to the Gulf of Darien, and the other from that to Cape Gracias a Dios. The former was given to Ojeda, the latter to Nicuessa. Ojeda fitted out a ship and two brigan- tines, with three hundred men ; Nicuessa, six vessels, with seven hundred and eighty men. They sailed about the same time from St. Domingo for their respective governments. In order to give their title to those countries some appearance of validity, several of the most eminent divines and lawyers in Spain were employed to prescribe the mode in which they should take possession of them. There is not in the history of mankind any thing more singular or extravagant than the form which they devised for this purpose. They instructed those invaders, as soon as they landed on the continent, to declare to the natives the principle articles of the Christian faith ; to ac- quaint them in particular, with the supreme juris- diction of the pope over all the kingdoms of the earth ; to inform them of the grant which this holy pontiff had made of their country to the king of Spain ; to require them to embrace the doctrines of that religion which the Spaniards made known to them ; and to snbmit to the sovereign whose autho- rity they proclaimed. If the natives refused to THE HISTORY OP AMERICA. c omply with this i equisition, the terms of which must have been utterly incomprehensible to unin- structed Indians, then Ojeda and Nicuessa were authorized to attack them with fire and sword ; to reduce them, their wives and children, to a state of servitude ; and to compel them by force to recognise the jurisdiction of the Church, and the authority of the Monarch, to which they would not voluntarily subject themselves (23). As the inhabitants of the Continent could not at once yield assent to doctrines too refined for their uncultivated understandings, and explained to them by interpreters imperfectly acquainted with their language ; as they did not conceive how a foreign priest, of whbm they had never heard, could have any right to dispose of their country, or how an unknown prince should claim jurisdiction over them as his subjects; they fiercely opposed the new invaders of their territories. Ojeda and Nicuessa endeavoured to effect by force what they could not accomplish by persuasion. The contemporary writers enter into a very minute detail in relating their transactions ; but as they made no discovery of im- portance, nor established any permanent settlement, their adventures are not entitled to any considerable place in the general history of a period, where romantic valour, struggling with incredible hardships, distinguishes every effort of the Spanish arms. They found the natives in those countries of which they went to assume the government, to be of a character very different from that of their countrymen in the islands. They were fierce and warlike. Their arrows were dipped in a poison so noxious, that every wound was followed with certain death. In one encounter they slew about seventy of Ojeda's fol- lowers, and the Spaniards, for the first time, were taught to dread the inhabitants of the New World. Nicuessa was opposed by people equally resolute in defence of their possessions. Nothing could soften their ferocity. Though the Spaniards employed every art to soothe them, and to gain their confidence, they refused to hold any intercourse, or to exchange any friendly office, with men whose residence among them they considered as fatal to their liberty and independence [A. D. 1510]. This implacable enmity of the natives, though it rendered an attempt to establish a settlement in their country extremely difficult as well as dangerous, might have been surmounted at length by the perseverance of the Spaniards, by the superiority of their arms, and their skill in the art of war. But every disaster which can be accumulated upon the unfortunate, combined to complete their ruin. The loss of their ships by various accidents upon an unknown coast, the diseases peculiar to a climate the most noxious in all America, the want of provisions, unavoidable in a country imperfectly cultivated, dissension among themselves, and the incessant hostilities of the natives, involved them in a succession of calamities, the bare recital of which strikes one with horror. Though they received two considerable reinforcements from Hispaniola, the greater part of those who had engaged in this unhappy expedition perished, in less than a year, in the most extreme misery. A few who survived, settled as a feeble colony at Santa Maria el Antigua, on the gulf of Darien, under the command of Vasco Nugnez de Balboa, who, in the most desperate exi- gences, displayed such courage and conduct, as first gained the confidence of his countrymen, and marked him out as their leader in more splendid and successful undertakings. Nor was he the only adventurer in this expedition who will appear with lustre in more HISTORY o? AMERICA, No, 7 important scenes. Francisco Pizarro was one of Ojeda's companions, and in this school of adversity acquired or improved the talents which fitted him for the extraordinary actions which he afterwards per- formed. Hernan Cortes, whose name became still more famous, had likewise engaged early in this enterprise, which roused all the active youth of Hispaniola to arms ; but the good fortune that accompanied him in his subsequent adventures, in- terposed to save him from the disasters to which his companions were exposed. He was taken ill at St. Domingo before the departure of the fleet, and detained there by a tedious indisposition. Notwithstanding the unfortunate issue of this expedition, the Spaniards were not deterred from engaging in new schemes of a similar nature. When, wealth is acquired gradually by the persevering hand of industry, or accumulated by the slow operations of regular commerce, the means employed are so proportioned to the end attained, that there is nothing to strike the imagination, and little to urge* on the active powers of the mind to uncommoa efforts. But when large fortunes were created almost instantaneously ; when gold and pearls were procured in exchange for baubles ; when the countries which produced these rich commodities, defended only by naked savages, might be seized by the first bold invader; objects so singular and alluring; roused a wonderful spirit of enterprise among the Spaniards, who rushed with ardour into this new path that was opened to wealth and distinction. While this spirit continued warm and vigorous, every attempt either towards discovery or conquest was applauded, and adventurers engaged in it with emulation. The passion for new undertakings, which characterizes the age of discovery in the latter part, of the fifteenth and begirming of the sixteenth century, would alone have been sufficient to prevent the Spaniards from stopping short in their career. But circumstances peculiar to Hispaniola, at this, juncture, concurred with it in extending their navi- gation ani conquests. The rigorous treatment of the inhabitants of that island having almost extir- pated the race, many of the Spanish planters, as I have already observed, finding it impossible to carry on their works with the same vigour and profit, were obliged to look out for settlements in some country where people were not yet wasted by oppression. Others, with the inconsiderate levity natural to men, upon whom wealth pours in with a sudden flow, had squandered in thoughtless prodigality, what they acquired with ease, and were driven by necessity to embark in the most desperate schemes, in order to retrieve their affairs [A. D. 1511]. From all these causes, when Don Diego Columbus proposed to conquer the island of Cuba, and to establish a colony- there, many persons of chief distinction in Hispaniola engaged with alacrity in the measure. He gave the command of the troops destined for that service ta Diego Velasquez, one of his father's companions in his second voyage, and who, having been long settled: in Hispaniola, had acquired an ample fortune, with such reputation for probity and prudence, that he seemed to be well qualified for conducting an expe- dition of importance. Three hundred men were deemed sufficient for the conquest of an island of above seven hundred miles in length, and filled with inhabitants. But they were of the same unwarlike character with the people of Hispaniola. They were not only intimidated by the appearance of their uewr enemies, but unprepared to resist them. For though, from the time that the Spaniards took possession of H THE HISTORY OF AMERICA. the adjacent island, there was reason to expect a descent on their territories, none of the small com- munities into which Cuba was divided, had either made any provision for its own defence, or had formed any concert for their common safety. The only obstruction the Spaniards met with was from Hatuey, a cazique, who had fled from Hispaniola, and had taken possession of the eastern extremity of Cuba. He stood upon the defensive at their first landing, and endeavoured to drive them back to their ships. His feeble troops, however, were soon broken and dispersed ; and he himself being taken prisoner, Velasquez, according to the barbarous maxim of the Spaniards, considered him as a slave who had taken arms against his master, and condemned him to the flames. When Hatuey was fastened to the stake, a Franciscan friar, labouring to convert him, promised him immediate admittance into the joys of heaven, if he would embrace the Christian faith. " Are there any Spaniards," says he, after some pause, " in that region of bliss which you describe?" " Yes," replied the monk, " but only such as are worthy and good." " The best of them," returned the indignant cazique, " have neither worth nor goodness : I will not go to a place where I may meet with one of that accursed race." This dreadful example of vengeance struck the people of Cuba with such terror, that they scarcely gave any oppo- sition to the progress of their invaders ; and Velas- quez, without the loss of a man, annexed this extensive and fertile island to the Spanish monarchy. The facility with which this important conquest was completed, served as an incitement to other undertakings. Juan Ponce de Leon, having acquired both fame and wealth by the reduction of Puerto Rico, was impatient to engage in some new enterprise. [A.D.1512.]Hefittedoutthreeships at hisown expense for a voyage of discovery, and his reputation soon drew together a respectable body of followers. He directed his course towards the Lucayo Islands ; and after touching at several of them, as well as the Bahama Isles, he stood to the south-west, and discovered a country hitherto unknown to the Spaniards, which he called Florida, either because he fell in with it on Palm Sunday, or on account of its gay and beautiful appearance. He attempted to land in different places, but met with such vigorous opposition from the natives, who were fierce and warlike, as convinced him that an increase of force was requisite to effect a settlement. Satisfied with having opened a communication with a new country, of whose value and importance he conceived very sanguine hopes, he returned to Puerto Rico, through the channel now known by the name of the Gulf of Florida. It was not merely the passion of searching for new countries that prompted Ponce de Leon to undertake this voyage ; he was influenced by one of those visionary ideas, which at that time often mingled with the spirit of discovery, and rendered it more active. A tradition prevailed among the natives of Puerto Rico, that in the Isle of Bimini, one of the Lucayos, there was a fountain of such wonderful virtue as to renew the youth and recall the vigour of every person who "bathed in its salutary waters. In hopes of finding this grand restorative, Ponce de Leon and his followers ranged through the islands, searching, with fruitless solicitude and labour, for the fountain which was the chief object of their expedition. That a tale so fabulous should gain credit among simple uninstructed Indians is not surprising. That it should make any impression upon an enlightened people, appears, in the present age, altogether incredible. Tho fact, however, is certain ; and the most authentic Spanish historians mention this extravagant sally of their credulous countrymen. The Spaniards, at that period, were engaged in a career of activity which gave a romantic turn to their imagination, and daily presented to them strange and marvellous objects. A.New World was opened to their view. They visited islands and continents, of whose existence mankind in former ages had no conception. In those delightful countries nature seemed to assume another form : every tree and plant and animal was different from those of the ancient hemisphere. They seemed to be trans- ported into enchanted ground ; and after the wonders which they had seen, nothing, in the warmth and novelty of their admiration, appeared to them so extraordinary as to be beyond belief. If the rapid succession of new and striking scenes made such impression even upon the sound understanding of Columbus, that he boasted of having found the seat of Paradise, it will not appear strange that Ponce de Leon should dream of discovering the fountain of youth. Soon after the expedition to Florida, a discovery of much greater importance was made in another part of America. Balboa having been raised to the government of the small colony at Santa Maria in Darien, by the voluntary suffrage of his associates, was so extremely desirous to obtain from the Crown a confirmation of their election, that he dispatched one of his officers to Spain, in order to solicit a royal commission, which might invest him with a legal title to the supreme command. Conscious, however, that he could not expect success from the patronage of Ferdinand's ministers, with whom he was un- connected, or from negociating in a court to the arts of which he was a stranger, he endeavoured to merit the dignity to which he aspired, and aimed at performing some signal service that would secure him the preference to every competitor. Full of this idea he made frequent inroads into the adjacent country, subdued several of the caziques, and col- lected a considerable quantity of gold, which abounded more in that part of the continent, than in the islands. In one of those excursions, the Spaniards contended with such eagerness about the division of some gold, that they were at the point of proceeding to acts of violence against one another. A young cazique who was present, astonished at the high value which they set upon a thing of which he did not see the use, tumbled the gold out of the balance with indignation ; and, turning to the Spaniards, " Why do you quarrel (says he) about such a trifle? If you are so passionately fond of gold, as to abandon your own country, and to disturb the tranquillity of distant nations for its sake, I will conduct you to a region where the metal which seems to be the chief object of your admiration and desire, is so common, that the meanest utensils are formed of it." Trans- ported with what they heard, Balboa and his com- panions inquired eagerly where this happy country la}', and how they might arrive at it. He informed them that at the distance of six suns, that is, of six days' journey, towards the south, they should dis- cover another ocean, near to which this wealthy kingdom was situated; but if they intended to attack that powerful state, they must assemble forces far superior in number and strength to those with which they now appeared. This was the first information which the Spaniards received concerning the great southern ocean, or the THE HISTORY OF AMERICA. opulent and extensive country known afterwards by the name of Peru. Balboa had now before him objects suited to his boundless ambition, and the enterprising ardour of his genius. He immediately concluded the ocean which the cazique mentioned, to be that for which Columbus had searched without success in this part of America, in hopes of opening a more direct communication with the East Indies ; and he conjectured that the rich territory which had been described to him, must be part of that vast and opu- lent region of the earth. Elated with the idea of performing what so great a man had attempted in vain, and eagor to accomplish a discovery which he knew would be no less acceptable to the king than beneficial to his country, he was impatient until he could set out upon this enterprise, in comparison of which all his former exploits appeared inconsiderable. But previous arrangement and preparation were requisite to insure success. He began with courting and securing the friendship of the neighbouring caziques. He sent some of his officers to Hispaniola with a large quantity of gold, as a proof of his past success, and an earnest of his future hopes. By a proper distribution of this, they secured the favour of the governor, and allured volunteers into the sen-ice. A considerable reinforcement from that island joined him, and he thought himself in a condition to attempt the discovery. The isthmus .of Darien is not above sixty miles in breadth; but this neck of land, which binds together the continents of North and South America, is strengthened by a chain of lofty mountains stretching through its whole extent, which render it a barrier of solidity sufficient to resist the impulse of two op- posite oceans. The mountains are covered with forests almost inaccessible. The valleys in that moist climate, where it rains during two-thirds of the year, are marshy, and so frequently overflowed, that the inha- bitants find it necessary, in many places, to build their houses upon trees, in order to be elevated at some distance from the damp soil, and the odious reptiles engendered in the putrid waters. Large rivers rush down with an impetuous current from the high grounds. In a region thinly inhabited by wandering savages, the hand of industry had done nothing to mitigate or correct those natural disadvantages. To march across this unexplored country with no other guides but Indians, whose fidelity could be little trusted, was, on all those accounts, the boldest enter- prise on which the Spaniards had hitherto ventured in the New World. But the intrepidity of Balboa was such as distinguished him among his countrymen, at a period when every adventurer was conspicuous for daring courage. [A. D. 1513.] Nor was bravery his only merit ; he was prudent in conduct, gene- rous, affable, and possessed of those popular talents which, in the most desperate undertakings, inspire confidence and secure attachment. Even after the junction of the volunteers from Hispaniola, he was able to muster only an hundred and ninety men for his expedition. But they were hardy veterans, inured to the climate of America, and ready to follow him through every danger. A thousand Indians attended them to carry their provisions ; and to complete their warlike array, they took with them several of those fierce dogs, which were no less formidable than de- structive to their naked enemies. Balboa set out upon this important expedition on the first of September, about the time that the peri- odical rains began to abate. He proceeded by sea, and without any difficulty, to the territories of a cazique whose friendship he had gained j but no sooner did he begin to advance into the interior part of the country, than he was retarded by every obstacle, which he had reason to apprehend, from the nature of the territory, or the disposition of its inhabitants. Some of the caziques, at his approach, fled to the mountains with all their people, and carried off or destroyed whatever could afford subsistence to his troops. Others collected their subjects, in order to oppose his progress, and he quickly perceived what an arduous undertaking it was to conduct such a body of men through hostile nations, across swamps, and rivers, and woods, which had never been passed but by straggling Indians. But by sharing in every hardship with the meanest soldier, by appearing the foremost to meet every danger, by promising confi- dently to his troops th enjoyment of honour and riches superior to what had been attained by the most successful of their countrymen, he inspired them with such enthusiastic resolution, that they followed him without murmuring. When they had penetrated a good way into the mountains, a powerful cazique appeared in a narrow pass, with a numerous body of his subjects, to obstruct their progress. But men who had surmounted so many obstacles, despised the opposition of such feeble enemies. They attacked them with impetuosity, and having dispersed them with much ease and great slaughter, continued their march. Though their guides had represented the breadth of the isthmus to be only a journey of six days, they had already spent twenty-five in forcing their way through the woods and mountains. Many of them were ready to sink under such uninterrupted fatigue in that sultry climate, several were taken ill of the dysentery and other diseases frequent in that country, and all became impatient to reach the period of their labours and sufferings. At length the Indians assured them, that from the top of the next mountain they should discover the ocean which was the object of their wishes. When, with infinite toil, they had climbed up the greater part of that steep ascent, Balboa commanded his men to halt, and advanced alone to the summit, that he might be the first who should enjoy a spectacle which he had so long desired. As soon as he beheld the South Sea stretching in endless prospect below him, he fell on his knees, and lifting up his hands to heaven, returned thanks to God, who had conducted him to a discovery so bene- ficial to his country, and so honourable to himself. His followers, observing his transports of joy, rushed forward to join in his wonder, exultation, and grati- tude. They held on their course to the shore with great alacrity, when Balboa, advancing up to the middle in the waves with his buckler and sword, took possession of that ocean in the name of the king his master, and vowed to defend it, with these arms, against all his enemies. That part of the great Pacific or Southern Ocean, which Balboa first discovered, still retains the name of the Gulf of St. Michael, which he gave to it, and is situated to the east of Panama. From several of the petty princes, who governed in the districts adja- cent to that gulf, he extorted provisions and gold by force of arms. Others sent them to him voluntarily. To these acceptable presents, some of the caziques added a considerable quantity of pearls; and he learned from them, with much satisfaction, that pearl oysters abounded in the sea which he had newly discovered. Together with the acquisition of this wealth, which served to soothe and encourage his followers, he received accounts which confirmed his sanguine hopes of future and more extensive benefits from the expe- THE HISTORY OF AMERICA. ilitioii. All the people on the coast of the South Sea concurred in informing him, that there was a mighty und opulent kingdom situated at a considerable dis- tance towards the south-east, the inhabitants of which Jhad tame animals to carry their burthens. In order to give the Spaniards an idea of these, they drew upon the:_sand the figure of the llamas or sheep, after wards found in Peru, which the Peruvians had taught to perform such services as they described. As the llama In its form nearly resembles a camel, a beast of burthen deemed peculiar to Asia, this circumstance in conjunction with the discovery of the pearls, another noted production of that country, tended to confirm the Spaniards in their mistaken theory with respect to the vicinity of the New World to the East Indies But though the information which Balboa received from the people on the coast, as well as his own con- jectures and hopes, rendered him extremely impatient to visit this unknown country, his prudence restrained him from attempting to invade it with a handful of men, exhausted by fatigue, and weakened by disease (24). He determined to lead back his fol- lowers, at present, to their settlement of Santa Maria in Darien, and to return next season with a force more adequate to such an arduous enterprise. In order to acquit e a more extensive knowledge of the isthmus, he marched back by a different route, which lie found to be no less dangerous and difficult thau that which he had formerly taken. But to men elated with success, and animated with hope, nothing is insurmountable. Balboa returned to Santa Maria, [A. D. 1514], from which he had been absent four months, with greater glory and more treasure than the Spaniards had acquired in any expedition in the New World. None of Balboa's officers distinguished themselves more in this service than Francisco Pizarro, or assisted with greater courage and ardour in open- ing a communication with those countries, in which he was destined to act soon a most illustrious part. Balboa's first care was to send information to Spain of the important discovery which he had made ; and to demand a reinforcement of a thousand men, in order to attempt the conquest of that opulent country, concerning which he had received such inviting intel- ligence. The first account of the discovery of the New World hardly occasioned greater joy than the unexpected tidings, that a passage was at last found to the great southern ocean. The communication with the East Indies, by a course to the westward of the line of demarcation drawn by the pope, seemed now to be certain. The vast wealth which flowed into Portugal from its settlements and conquests in that country, excited the envy, and called forth the emu- lation, of other states. Ferdinand hoped now to come in for a share in this lucrative commerce, and in his eagerness to obtain it, was willing to make an effort beyond what Balboa required. But even in this exertion, his jealous policy, as well as the fatal antipathy of Fonseca, now bishop of Burgos, to every man of merit who distinguished himself in the New World, were conspicuous. Notwithstanding Balboa's recent services, which marked him out as the most proper person to finish that great undertaking which he had begun, Ferdinand was so ungenerous astooverlook these, and to appoint Pedrarias Davila, governor of Darien. He gave him the command of fifteen stout vessels, and twelve hundred soldiers. These were fitted out at the public expense, with a liberality which Ferdinand had never displayed in any" former arma- ment destined for the New World ; and such was the ardour of the Spanish gentlemen to follow a leader who was about to conduct them to a country, where, as fame reported, they had only to throw their nets into the sea and draw out gold, that fifteen hundn.-d embarked on board the fleet ; and if they had not been restrained, a much greater number would have engaged in the service. Pedrarias reached the gulf of Darien without any remarkable accident, and immediately sent some of his principal officers ashore to inform Balboa of his arrival, with the king's commission, to be governor of the colony. To their astonishment, they found Balboa, of whose great exploits they had heard so much, and of whose opulence they had formed such high ideas, clad in a canvass jacket, and wearing coarse hempen sandals used only by the meanest peasants, employed, together with some Indians, in thatching his own hut with reeds. Even in this simple garb, which corresponded so ill with the expectations and wishes of his new guests, Bnlboa received them with dignity. The fame of his disco- veries had drawn so many adventurers from the islands, that he could now muster four hundred and fifty men. At the head of those daring veterans, he was more than a match for the forces which Pedrarias brought with him. But though his troops murmured loudly at the injustice of the King in superseding their commander, and complained that strangers would now reap the fruits of their toil and success, Balboa submitted with implicit obedience to the will of his sovereign, and received Pedrarias with all the deference due to his character. Notwithstanding this moderation, to which Pedra- rias owed the peaceable possession of his government, he appointed a judicial inquiry to be made into Balboa's conduct, while under the command of Nicuessa, and imposed a considerable fine upon him, on account of the irregularities of which he had then been guilty. Balboa felt sensibly the mortification of being subjected to trial and to punishment in a place where he had so lately occupied the first station. Pedrarias could not conceal his jealousy of his superior merit : so that the resentment of the one, and the envy of the other, gave rise to dissen- sions extremely detrimental to the colony. It vras threatened with a calamity still more fatal. Pedra- rias had landed in Darien at a most unlucky time of the year [July], about the middle of the rainy season, in that part of the torrid zone where the clouds pour down such torrents as are unknown in more temperate climates. The village of Santa Maria was seated in a rich plain, environed with marshes and woods. The constitution of Europeans was unable to withstand the pestilential influence of sueh a situation, in a climate naturally so noxious, and at a season so peculiarly unhealthy. A violent and destructive malady carried off many of the soldiers who accompanied Pedrarias. An extreme scarcity of provisions augmented this distress, as ren- dered it impossible to find proper refreshment for the ick, or the necessary sustenance for the healthy. In the space of a month, above six hundred persons perished 'n the utmost misery. Dejection and despair spread through the colony. Many principal persons soli- cited their dismission, and were glad to relinquish all their hopes of wealth, in order to escape from that pernicious region. Pedrarias endeavoured to divert those who remained from brooding over their misfor- tunes, by finding them employment. With this view, he sent several detachments into the interior parts of the country, to levy gold among the natives, and to search for the mines in which it was produced. Those rapacious adventurers, more attentive to present gain than to the means of facilitating their future THE HISTORY OF AMERICA. progress, plundered without distinction wherever they marched. Regardless of the alliances which Balboa had made with several of the caziques, they stripped them of every thing valuable, and treated them, as well as their subjects, with the utmost insolence and cruelty. By their tyranny and exactions, which Pedrarias, either from want of authority or inclina- tion, did not restrain, all the country from the gulf of Darien to the lake of Nicaragua was desolated, and the Spaniards were inconsiderately deprived of the advantages which they might have derived from the friendship of the natives, in extending their conquests to the South Sea. Balboa, who saw with concern that such ill-judged proceedings retarded the execution of his favourite scheme, sent violent remonstrances to Spain against the imprudent govern- ment of Pedrarias, which had ruined a happy and flourishing colony. Pedrarias, on the other hand, accused him of having deceived the King, by magni- fying his own exploits, as well as by a false repre- sentation of the opulence and value of the country. Ferdinand became sensible at length of his impru- dence in superseding the most active and experienced officer in the New World, and, by way of compensa- tion to Balboa, appointed him adelantado, or lieute- nant-governor, of the countries upon the South Sea, with very extensive privileges and authority. At the same time he enjoined Pedrarias to support Balboa in all his operations, and to consult with him concerning every measure which he himself pursued. But to effect such a sudden transition from inveterate enmity to perfect confidence, exceeded Ferdinand's power. [A. D. 1515.] Pedrarias continued to treat his rival with neglect; and Balboa's fortune being ex- hausted by the payment of his fine, and other exactions of Pedrarias, he could not make suitable preparations for taking possession of his new govern- ment. At length, by the interposition and exhorta- tions of the bishop of Darien, they were brought to a reconciliation ; and in order to cement this union more firmly, Pedrarias agreed to give his daughter in marriage to Balboa. The first effect of their concord was, that Balboa was permitted to make several small incursions into the country [A. D. 1516]. These he conducted with such prudence as added to the repu- tation which he had already acquired. Many adven- turers resorted to him ; and with the countenance and aid of Pedrarias, he began to prepare for his expedition to the South Sea. In order to accomplish this, it was necessary to build vessels capable of conveying his troops to those provinces which he purposed to invade [A. D. 1517]. After surmounting many obstacles, and enduring a variety of those hardships which were the portion of the conquerors of America, he at length finished four small brigan- tines. In these, with three hundred chosen men, a force superior to that with which Pizarro afterwards undertook the same expedition, he was ready to sail towards Peru, when he received an unexpected message from Pedrarias. As his reconciliation with Balboa had never been cordial, the progress which his son-in-law was making revived his ancient enmity, and added to its rancour. He dreaded the prosperity and elevation of a man whom he had injured so deeply. He suspected that success would encourage him to aim at independence upon his jurisdiction ; and so violently did the passions of hatred, fear, and jealousy, operate upon his mind, that, in order to gratify his vengeance, he scrupled not to defeat an enterprise of the greatest moment to his country. Under pretexts which were false, but plausible, he desired Balboa to postpone his voyage for a short time, and to repair to Ada, in order that he might have an interview with him. Balboa, with the unsuspicious confidence of a man conscious of no crime, instantly obeyed the summons ; but as soon as he entered the place, he was arrested by order of Pedrarias, whose impatience to satiate his revenge did not suffer him to languish long in con- finement. -Judges were immediately appointed to proceed to his trial. An accusation of disloyalty to the King, and of an intention to revolt against the Governor, was preferred against him. Sentence of death was pronounced ; and though the judges who passed it, seconded by the whole colony, interceded warmly for his pardon, Pedrarias continued inexo- rable; and the Spaniards beheld, with astonishment and sorrow, the public execution of a man whom they universally deemed more capable than any who had borne command in America, of forming and accomplishing great designs. Upon his death, the expedition which he had planned was relinquished. Pedrarias, notwithstanding the violence and in- justice of his proceedings, was not only screened from punishment by the powerful patronage of the bishop of Burgos and other courtiers, but continued in power. Soon after he obtained permission to remove the colony from its unwholesome station of Santa Maria to Panama, on the opposite side of the isthmus ; and though it did not gain much in point of healthfulness by the change, the commodious situation of this new settlement contributed greatly to facilitate the subsequent conquests of the Spaniards in the extensive countries situated upon the southern ocean. [A. D. 1515.] During these transactions in Darien, the history of which it was proper to carry on in an uninterrupted tenor, several important events occurred, with respect to the discovery, the conquest, and government of other provinces in the New World. Ferdinand was so intent upon opening a communi- cation with the Molucca or Spice Islands by the west, that, in the year one thousand five hundred, and fifteen, he fitted out two ships at his own expense, in order to attempt such a voyage, and gave the command of them to Juan Diaz de Solis, who was deemed one of the most skilful navigators in Spain. He stood along the coast of South America, and on the first of January, one thousand five hundred and sixteen entered a river which he called Janeiro, where an extensive commerce is now carried on. From thence he proceeded to a spacious bay, which he supposed to be the entrance into a strait that communicated with the Indian Ocean ; but upon advancing further, he found it to be the mouth of Rio de Plata, one of the vast rivers by which the Southern Continent of America is watered. In endeavouring to make a descent in this country, De Solis and several of his crew were slain by the natives, who, in sight of the ships, cut their bodies in pieces, roasted and devoured them. Discouraged with the loss of their commander, and terrified at this shocking spectacle, the .surviving Spaniards set sail for Europe, without aiming at any further discovery. Though this attempt proved abortive, it was not without benefit. It turned the attention of ingenious men to this course of navigation, and prepared the way for a move fortunate voyage, by which, a few years posterior to this period, the great design that Ferdinand had in view was accomplished Though the Spaniards were thus actively employed in extending their discoveries and settlements in America, they still considered Hispaniola as their principal colony, and the seat of government. Don THE HISTORY OF AMERICA. Diego Columbus wanted neither inclination nor abilities to have rendered the members of this colony, who were most immediately under his jurisdiction, prosperous and happy. But he was circumscribed in all his operations by the suspicious policy of Ferdinand, who on every occasion, and under pretexts the most frivolous, retrenched his privileges, and encouraged the treasurer, the judges, and other subordinate officers, to counteract his measures, and to dispute his authority. The most valuable prerogative which the Governor possessed, was that of distributing Indians among the Spaniards settled in the island. The rigorous servitude of those unhappy men having been but little mitigated by all the regulations in their favour, the power of parcelling out such neces- sary instruments of labour at pleasure, secured to the governor great influence in the colony. In order to strip him of this, Ferdinand created a new office, with the power of distributing the Indians, and bestowed it upon Rodrigo Albuquerque, a relation of Zapata, his confidential minister. Mortified with the injustice as well as indignity of this invasion upon his rights, in a point so essential, Don Diego could no longer remain in a place where his power and consequence were almost annihilated. He repaired to Spain with the vain hopes of obtaining redress. Albuquerque entered upon his office with all the rapacity of an indigent adventurer impatient to amass wealth. He began with taking the exact number of Indians in the island, and found, that from sixty thousand, who, in the year one thousand five hundred and eight, survived after all their sufferings, they were now reduced to fourteen thousand. These he threw into separate divisions or lots, and bestowed them upon such as were willing to purchase them at the highest puce. By this arbitrary distribution, several of the natives were removed from their original habitations, many were taken from their ancient masters, and all of them subjected to heavier burdens, and to more intolerable labour, in order to reimburse their new proprietors. Those additional calamities completed the misery, and hastened on the extinction of this wretched and innocent race of men. The violence of these proceedings, together with the fatal consequences which attended them, not only excited complaints among such as thought them- selves aggrieved, but touched the hearts of all who retained any sentiments of humanity. From the time that ecclesiastics were sent as instructors into America, they perceived that the rigour with which their countrymen treated the natives, rendered their ministry altogether fruitless. The missionaries, in conformity to the mild spirit of that religion which they were employed to publish, early remonstrated against the maxims of the planters with respect to the Americans, and condemned the repartimientos, or distributions, by which they were given up as slaves to their conquerors, as no less contrary to natural justice and the precepts of Christianity, than to sound policy. The Dominicans, to whom the instruction of the Americans was originally committed, were most vehement in testifying against the repartimientos. In the year one thousand five hundred and eleven, Montesino, one of their most eminent preachers, inveighed against this practice, in the great church at St. Domingo, with all the impetuosity of popular eloquence. Don Diego Columbus, the principal officers of the colony, and all the laymen who had been his hearers, complained of the monk to his superiors ; but they, instead of condemning, ap- plauded his doctrine, as equally pious and seasonable. The Franciscans, influenced by the spirit of opposition and rivalship which subsists between the two orders, discovered some inclination to take part with the laity, and to espouse the defence of the repartimientos. But as they could not with decency give their avowed approbation to a system of oppression so repugnant to the spirit of religion, they endeavoured to paliate what they could not justify, and alleged, in excuse for the conduct of their countrymen, that it was impossible to carry on any improvement in the colony, unless the Spaniards possessed such dominion over the natives that they could compel them to labour. The Dominicans, regardless of such political and interested considerations, would not relax in any degree the rigour of their sentiments, and even refused to absolve or admit to the sacrament, such of their countrymen as continued to hold the natives in servitude. Both parties applied to the king for his decision in a matter of such importance. Ferdinand empowered a committee of his privy-council, assisted by some of the most eminent civilians and divines in Spain, to hear the deputies sent from Hispaniola, in support of their respective opinions. After a Jong discussion, the speculative point in controversy was determined in favour of the Dominicans, the Indians were declared to be a free people, entitled to all the natural rights of men ; but, notwithstanding all this decision, the repartimientos were continued upon their ancient footing. As this determination admitted the principle upon which the Dominicans founded their opinion, they renewed their efforts to obtain relief for the Indians with additional boldness and zeal. At length, in order to quiet the colony, which was alarmed by their remonstrances and censures, Ferdinand issued a decree of his privy-council, declaring, that after mature consideration of the Apostolic bull, and other titles by which the crown of Castile claimed a right to its possessions in the New World [A. D. 1513], the servitude of the Indians was warranted both by the laws of God and of man ; that unless they were subjected to the dominion of the Spaniards, and compelled to reside under their inspection, it would be impossible to reclaim them from idolatry, or to instruct them in the principles of the Christian faith ; that no further scruple ought to be entertained concerning the lawfulness of the repartimientos, as the king and council were willing to take the charge of that upon their own consciences ; and that therefore the Dominicans, and monks of other religious orders, should abstain, for the future, from those invectives, which, from an excess of charitable but ill-informed zeal, they had uttered against that practice. That his intention of adhering to this decree might be fully understood, Ferdinand conferred new grants of Indians upon several of his courtiers (25). But in order that he might not seem altogether inattentive to the rights of humanity, he published an edict, in which he endeavoured to provide for the mild treat- ment of the Indians under the yoke to which he subjected them ; he regulated the nature of the work which they should be required to perform ; he prescribed the mode in which they should be clothed and fed, and gave directions with respect to their instruction in the principles of Christianity. But the Dominicans, who, from their experience of what was passed, judged concerning the future, soon perceived the inefficacy of those provisions, and foretold, that as long as it was the interest of indi- viduals to treat the Indians with rigour, no public regulations could render their servitude mild or tolerable. They considered it as vain to waste their own time and strength in attempting to communicate THE HISTORY OF AMERICA. the sublime truths of religion to men, whose spirits were broken, and their faculties impaired by oppression. Some of them, in despair, requested the permission of their superiors to remove to the continent, and to pursue the object of their mission among such of the natives as were not hitherto corrupted by the example of the Spaniards, or alienated by their cruelty from the Christian faith. Such as remained in Hispaniola continued to remonstrate, with decent firmness, against the servitude of the Indians. The violent operations of Albuquerque, the new distributor of Indians, revived the zeal of the Do- minicans against the repartimientos, and called forth an advocate for that oppressed people, who possessed all the courage, the talents, and activity requisite in supporting such a desperate cause. This was Bar- tholomew de las Casas, a native of Seville, and one of the clergymen sent out with Columbus in his second voyage to Hispaniola, in order to settle in that island. He early adopted the opinion prevalent among eccle- siastics, with respect to the unlawfulness of reducing the natives to servitude ; and that he might demon- strate the sincerity of his conviction, he relinquished all the Indians who had fallen to his own share in the division of the inhabitants among their conquerors, declaring that he should ever bewail his own misfor- tune and guilt, in having exercised for a moment this impious dominion over his fellow-creatures. From that time he became the avowed patron of the In- dians; and by his bold interpositions in their behalf, as well as by the respect due to his abilities and character, he had often the merit of setting some bounds to the excesses of his countrymen. He did not fail to remonstrate warmly against the proceedings of Albuquerque, and, though he soon found that attention to his own interest rendered this rapacious officer deaf to admonition, he did not abandon the wretched people whose cause he had espoused. He instantly set out for Spain, with the most sanguine hopes of opening the eyes and softening the heart of Ferdinand, by that striking picture of the oppression of his new subjects, which he would exhibit to his view. i He easily obtained admittance to the king, whom he found in a declining state of health. With much freedom, and no less eloquence, he represented to him all the fatal effects of the repartimientos in the New World, boldly charging him with the guilt of Laving authorised this impious measure, which had brought misery and destruction upon a numerous and innocent race of men, whom Providence had placed under his protection. Ferdinand, whose mind as well as body was much enfeebled by his distemper, was greatly alarmed at this charge of impiety, which at another juncture he would have despised. He listened with deep compunction to the discourse of las Casas, and promised to take into serious consi- deration the means of redressing the evil of which he complained. But death prevented him from executing his resolution. Charles of Austria, to whom all his crowns devolved, resided at that time in his paternal dominions in the Low Countries. Las Casas, with his usual ardour, prepared immediately to set out for Flanders, in order to occupy the ear of the young monarch, v/hsn cardinal Ximenes, who, as regent, assumed the reigns of government in Castile, com- manded him to desist from the journey, and engaged to hear his complaints in person. He accordingly weighed the matter with attention equal to its importance ; and as his impetuous mind delighted in schemes bold and uncommon, he. soon fixed upon a plan which astonished the ministers, trained up under the formal and cautious administra- tion of Ferdinand. Without regarding either the rights of Don Diego Columbus, or the regulations established by the late king, he resolved to send three persons to America as superintendents of all the colonies there, with authoiity, after examining all circumstances on the spot, to decide finally with respect to the point in question. It was a matter of deliberation and delicacy to choose men qualified for such an important station. As all the laymen settled in America, or who had been consulted in the administration of that department, had given their opinion that the Spaniards could not keep possession of their new settlements, unless they were allowed to retain their dominion over the Indians, he saw that he could not rely on their impartiality, and determined to commit the trust to ecclesiastics. As the Domi- nicans and Franciscans had already espoused opposite sides in the controversy, he, from the same principle of impartiality, excluded both these fraternities from the commission. He confined his choice to the monks of St. Jerome, a small but respectable order in Spain. With the assistance of their general, and in concert with Las Casas, he soon pitched upon three persons whom he deemed equal to the charge. To them he joined Zuazo, a private lawyer of distinguished probity, with unbounded power to regulate all judicial proceedings in the colonies. Las Casas was appointed to accompany them, with the title of Protector of the Indians. To vest such extraordinary powers, as might at once overturn the system of government established in the New World, in four persons, who, from their humble condition in life, were little entitled to possess this high authority, appeared to Zapata, and other ministers of the late King, a measure so wild and dangerous, that they refused to issue the des- patches necessary for carrying it into execution. But Ximenes was not of a temper patiently to brook opposition to any of his schemes. He sent for the refractory ministers, and addressed them in such a tone, that in the utmost consternation they obeyed his orders. The superintendents, with their asso- ciate Zuazo, and Las Casas, sailed for St. Domingo. Upon their arrival, the first act of their authority was to set at liberty all the Indians who had been granted to the Spanish courtiers, or to any person not residing in America. This, together with the information which had been received from Spain concerning the object of the commission, spread a general alarm. The colonists concluded that they were to be deprived at once of the hands with which they carried on their labour, and that, of conse- quence, ruin was unavoidable. But the fathers of St. Jerome proceeded Avith such caution and pru- dence, as soon dissipated all their fears. They dis- covered, in every step of their conduct, a knowledge of the world, and of affairs, which is seldom acquired in a cloister ; and displayed a moderation as well as gentleness still more rare among persons trained up in the solitude and austerity of a monastic life. Their ears were open to information from every quarter ; they compared the different accounts which they received ; and after a mature consideration of the whole, they were fully satisfied that the state of the colony rendered it impossible to adopt the plan proposed by las Casas, and recommended by the cardinal. They plainly perceived that the Spaniards settled in America were so few in immber, that they could neither work the mines which had been opened, nor cultivate the country; that "they depended for effecting both upon the labour of the natives, and if r>c, THE HISTORY OP AMERICA. deprived of it, they must instantly relinquish their conquests, or give up all the advantages which they derived from them ; that no allurement was so powerful as to surmount the natural aversion of the Indians to any laborious effort, and that nothing but the authority of a master could compel them to work; and if they were not kept constantly under the eye and discipline of a superior, so great was their natural listlessness and indifference, that they would neither attend to religious instruction, nor observe those rights of Christianity which they had been already taught. Upon all those accounts, the super- intendents found it necessary to tolerate the repar- timientos, and to suffer the Indians to remain under subjection to their Spanish masters. They used their utmost endeavours, however, to prevent the fatal effects of this establishment, and to secure to the Indians the consolation of the best treatment com- patible with a state of servitude. For this purpose, they revived former regulations, they prescribed new ones, they neglected no circumstance that tended to mitigate the rigour of the yoke ; and by their autho- rity, their example, and their exhortations, they laboured to inspire their countrymen with sentiments of equity and gentleness towards the unhappy people upon whose industry they depended. Zuazo, in his department, seconded the endeavours of the super- intendents. He reformed the courts of justice, in such a manner as to render their decisions equitable as well as expeditious, and introduced various re- gulations which greatly improved the interior police of the colony. The satisfaction which his conduct and that of the superintendents gave, was now uni- versal among the Spaniards settled in the New World, and all admired the boldness of Ximenes, in having departed from the ordinary path of business in forming his plan, as well as his sagacity in pitching upon persons, whose wisdom, moderation, and disinterestedness, rendered them worthy of this high trust. Las Casas alone was dissatisfied. The prudential considerations which influenced the superintendents made no impression upon him. He regarded their idea of accommodating their conduct to the state of the colony, as the maxim of an unhallowed timid policy, which tolerated what was unjust because it was beneficial. He contended that the Indians were by nature free, and as their protector, he required the superintendents not to bereave them of the common privilege of humanity. They received his most virulent remonstrances without emotion, but adhered firmly to their own system. The Spanish planters did not bear with him so patiently, and were ready to tear him in pieces for insisting in a requisition so odious to them. Las Casas, in order to screen himself fiom their rage, found it necessary to take shelter in a convent ; and perceiving that all his efforts in America were fruitless, he soon set out for Europe, with a fixed resolution not to abandon the protection of a people whom he deemed to be cruelly oppressed. Had Ximenes retained that vigour of mind with which he usually applied to business, Las Casas must have met with no very gracious reception upon his return to Spain. But he found the cardinal languish- ing under a mortal distemper, and preparing to resign his authority to the young king, who was daily expected from the Low Countries. Charles arrived, took possession of the government, and, by the death of Ximenes, lost a minister, whose abilities and integrity entitled him to direct his affairs. Many of the Flemish nobility had accompanied their sovereign to Spain. From that warm predilection to his countrymen, which was natural at his a^u, Jio consulted them with respect to all the transarti ais in his new kingdom : and they, with an indiscreet eagerness, intruded themselves into every business, and seized almost every department of adminis- tration. The direction of American affairs was an object too alluring to escape their attention. Las Casas observed their growing influence, and though projectors are usually too sanguine to conduct their schemes with much dexterity, he possessed a bustling, indefatigable activity, which sometimes accomplishe its purposes with greater success than the most ex- quisite discernment and address. He courted the Flemish ministers with assiduity. He repiesented to them the absurdity of all the maxims hit'i.i'.o adopted with respect to the government of America, particularly during the administration of Ferdinand, and pointed out the defects of those arrangements which Ximenes had introduced. The memory of Ferdinand was odious to the Flemings. The superior virtue and abilities of Ximenes had long been the object of their envy. They fondly wished to have a plausible pretext for condemning the measures, both of the monarch and of the minister, and of reflecting some discredit on their political wisdom. The friends of Don Diego Columbus, as well as the Spanish courtiers, who had been dissatisfied with the car- dinal's administration, joined Las Casas in censuring the scheme of sending superintendents to America. This union of so many interests and passions was irresistible ; and in consequence of it the fathers of St. Jerome, together with their associate Zuazo, were recalled. Roderigo de Figueroa, a lawyer of some eminence, was appointed chief judge of the island, and received instructions, in compliance with the request of Las Casas, to examine once more, with the utmost attention, the point in controversy between him and the people of the colony, with respect to the treatment of the natives ; and in the mean time to do every thing in his power to alleviate their suffer- ings, and prevent the extinction of the race. This was all that the zeal of Las Casas could pro- cure at that juncture in favour of the Indians. The impossibility of carrying on any improvements in America, unless the Spanish planters could command the labour of the natives, was an insuperable ob- jection to his plan of treating them as free subjects. In order to provide some remedy for this, without which he found it was in vain to mention his scheme, Las Casas proposed to purchase a sufficient number of negroes from the Portuguese settlements on the coast of Africa, and to transport them to America, in order that they might be employed as slaves in work- ing the mines and cultivating the ground. One of the first advantages which the Portuguese had de- rived from their discoveries in Africa, arose from the trade in slaves. Various circumstances concurred in reviving this odious commerce, which had been long abolished in Europe, and which is no less repugnant to the feelings of humanity, than to the principles of religion. As early as the year one thousand five hundred and three, a few negro slaves had been sent into the New World. In the year one thousand five hundred and eleven, Ferdinand permitted the im- portation of them in greater numbers. They were found to be a more robust and hardy race than the natives of America. They were more capable of enduring fatigue, more patient under servitude, and the labour of one negro was computed to be equal to that of four Indians. Cardinal Ximenes, however, when solicited to encourage this commerce, peremp- THE HISTORY OF AMERICA. torily rejected the proposition, because he perceived the iniquity of reducing one race of men to slavery, while he was consulting about the means of restoring liberty to another. But Las Casas, from the incon- sistency natural to men who hurry with headlong impetuosity towards a favourite point, was incapable of making this distinction. While he contended earnestly for the liberty of the people born in one quarter of the globe, he laboured to enslave the inhabitants of another region ; and in the warmth of his zeal to save the Americans from the yoke, pro- nounced it to be lawful and expedient to impose one still heavier upon the Africans. Unfortunately for the latter, Las Casas's plan was adopted. Charles granted a patent to one of his Flemish favourites, containing an exclusive right of importing four thousand negroes into America. The favourite sold his patent to some Genoese merchants for twenty- five thousand ducats, and they were the first who brought into a regular form that commerce for slaves between Africa and America, which has siiice been carried on to such an amazing extent. [A. D. 1518.] But the Genoese merchants, con- ducting their operations, at first, with the rapocity of monopolists, demanded such a high price for negroes, that the number imported into Hispaniola made no great change upon the state of the colony. Las Casas, whose zeal was no less inventive thaii inde- fatigable, had recourse to another expedient for the relief of the Indians. He observed, that most of the persons who had settled hitherto in America, were sailors and soldiers employed in the discovery or conquest of the country; the younger sons of noble families, allured by the prospect of acquiring sudden wealth; or desperate adventurers, whom their indigence or crimes forced to abandon their native land. Instead of such men, who were dissolute, rapacious, and incapable of that sober persevering industry, which is requisite in forming new colonies, he proposed to supply the settlements in Hispaniola and other parts of the New World with a sufficient number of labourers and husbandmen, who should be allured by suitable premiums to remove thither. These, as they were accustomed to fatigue, would be able to perform the work, to which the Indians, from the feebleness of their constitution, were un- equal, and might soon become useful and opulent citizens. But though Hispaniola stood much in need of a recruit of inhabitants, having been visited at this time with the small-pox, which swept off almost all the natives who had survived their long continued oppression, and though Las Casas had the counte- nance of the Flemish ministers, this scheme was defeated by the bishop of Burgos, who thwarted all his projects. Las Casas now despaired of procuring any relief for the Indians in those places where the Spaniards were already settled. The evil was become so inve- terate there, as not to admit of a cure. But such discoveries were daily making in the continent, as gave a high idea both of its extent and populousness. In all those vast regions there was but one feeble colony planted; and except a small spot on the isthmus of Darien, the natives still occupied the whole country. This opened a new and more ample field for the humanity and zeal of Las Ca^as, who flattered himself that he might prevent a pernicious system from being introduced there, though he had failed of success in his attempts to overturn it, where it was already established. Full of this idea, he applied for a grant of the unoccupied country, stretching along the sea-coast from the gulf of Paiia to the western HISTORY OF AMERICA, No. 8. frontier of that province, now known by the name ot Santa Martha. He proposed to settle there with a colony composed of husbandmen, labourers, and ecclesiastics. He engaged, in the space of two years, to civilize ten thousand of the natives, and to instruct them so thoroughly in the arts of social life, that, from the fruits of their industry, an annual revenue of fifteen thousand ducats should arise to the King. In ten years he expected that his improve- ments would be so far advanced, as to yield annually sixty thousand ducats. He stipulated, that no sailor or soldier should ever be permitted to settle in this district ; and that no Spaniard whatever should enter it without his permission. He evert projected to clothe the people whom he took along with him in some distinguishing garb, which did not resemble the Spanish dress, that they might appear to the natives, to be a different race of men from those who had brought so many calamities upon their country. From this scheme, of which I have traced only the great lines, it is manifest that Las Casas had formed ideas concerning the method of treating the Indians, similar to those by which the Jesuits afterwards carried on their great operations in another part of the same continent. He supposed that the Europeans, by availing themselves of that ascendant which they possessed in consequence of their superior progress in science and improvement, might gradually form the minds of the Americans to relish those comforts of which they were destitute, might train them to the arts of civil life, and render them capable of its functions. But to the Bishop of Burgos atid the council of the Indies, this project appeared not only chimerical, but dangerous in a high degree. They deemed the faculties of the Americans to be naturally so limited, and their indolence so excessive, that every attempt to instruct or to improve them would be fruitless. They contended, that it would be extremely imprudent to give the command of a country extending above a thousand miles along the coast, to a fanciful presump- tuous enthusiast, a stranger to the affairs of the world, and unacquainted with the arts of government. Las Casas, far from being discouraged with a repulse, which he had reason to expect, had recourse once more to the Flemish favourites, who zealously patronized his scheme, merely because it had been rejected by the Spanish ministers. They prevailed with their master, who had lately been raised to the imperial dignity [A. D. 1519], to refer the considera tion of this measure t > a select number of his privy counsellors ; and Las Casas having excopted against the members of the council of the Indies, as partial and interested, they were all excluded. The decision of men chosen by recommendation of the Flemings, was perfectly conformable to their sentiments. They warmly approved of Las Casas's plan; and gav orders for carrying it into execution, but restricted the territory allotted him to three hundred miles alon/.;- the coast of Cumana, allowing him, however, to extend it as far as he pleased towards the interior part of th country. This determination did not pass uncensured. Almost every person who had been in the West Indies exclaimed against it, and supported their opinion so- confidently, and with such plausible reasons, as made it advisable to pause and to review the subject more deliberately. Charles himself, though accustomed, at this early period of his life, to adopt the sentiments of his ministers with such submissive deference as did not promise that decisive vigour of mind which distinguished his riper years, could not help suspecting I THE HISTORY OF AMERICA. that the eagerness with which the Flemings took part in every affair relating to America, flowed from some improper motive, and began to discover an inclination to examine in person into the state of the question concerning the character of the Americans, and the proper method of treating them [June 20]. An opportunity of making this inquiry with great ad- vantage soon occurred. Quevedo, the bishop of Darien, who had accompanied Pedrarias to the conti- nent in the year one thousand five hundred and thirteen, happened to land at Barcelona, where the court then resided. It was quickly known, that his sentiments concerning the talents and disposition of the Indians differed from those of Las Casas ; and Charles naturally concluded, that by confronting two respectable persons, who, during their residence in America, had full leisure to observe the manners of the people whom they pretended to describe, he might be able to discover which of them had formed his opinion with the greatest discernment and accu- racy. A day for this solemn audience was appointed. The emperor appeared with extraordinary pomp, and took his seat on a throne in the great hall of the palace. His principal courtiers attended. Don Diego Columbus, admiral of the Indies, was sum- moned to be present. The bishop of Darien was called upon first to deliver his opinion. He, in a short discourse, lamented the fatal desolation of America, by the extinction of so many of its inhabit- ants ; he acknowledged that this must be imputed, in some degree, to the excessive rigour and inconsi- derate proceedings of the Spaniards, but declared that all the people of the New World whom he had seen, either in the continent or in the islands, ap- peared to him to be a race of men marked out, by the inferiority of their talents, for servitude, and whom it would be impossible to instruct or improve, unless they were kept under the continual inspection of a master. Las Casas, at greater length, and with more fervour, defended his own system. He rejected with indignation the idea that any race of men was born to servitude, as irreligious and inhuman. He asserted that the faculties of the Americans were not naturally despicable, but unimproved ; that they were capable of receiving instruction in the principles of religion, as well as of acquiring the industry and arts which would qualify them for the various offices of social life ; that the mildness and timidity of their nature rendered them so submissive and docile, that they might be led and formed with a gentle hand. He professed, that his intentions in proposing the scheme now under consideration were pure and dis- interested ; and though, from the accomplishment of his designs, inestimable benefits would result to the crown of Castile, he never had claimed, nor ever would receive, any recompence on that account. Charles, after hearing both, and consulting with his ministers, did notthink himself sufficientlyinformed to establish any general arrangement with respect to the state of the Indians ; but as he had perfect confi- dence in the integrity of Las Casas, and as even the bishop of Darien admitted his scheme to be of such importance, that a trial should be made of its effects, lie issued a patent [A. D. 1520], granting him the district in Cumana formerly mentioned, with full power to establish a colony there according to his own plan. Las Casas pushed on the preparations for his voyage with his usual ardour. But, either from his own inexperience in the conduct of affairs, or from the secret opposition of the ^Spanish nobility, who universally dreaded the success of an institution that miht rob them of the industrious and useful hands which cultivated their estates, his progress in en- gaging husbandmen and labourers was extremely slow, and he could not prevail on more than two hundred to accompany him to Cumana. Nothing, however, could damp his zeal. With this slender train, hardly sufficient to take possession of such a large territory, and altogether unequal to any effectual attempt towards civilizing its inhabitants, he set sail. The first place at which he touched was the island of Puerto Rico. There he received an account of a new obstacle to the execution of his scheme, more insuperable than any he had hitherto encountered. When he left America in the year one thousand five hundred and sixteen, the Spaniards had little intercourse with any part of the continent, except the countries adjacent to the gulf of Darien. But as every species of internal industry began to stag- nate in Hispaniola, when, by the rapid decrease of the natives, the Spaniards were deprived of those hands with which they had hitherto carried on their opera- tions, this prompted them to try various expedients for supplying that loss. Considerable numbers of negroes were imported; but on' account of their exorbitant price, many of the planters could not afford to purchase them. In order to procure slaves at an easier rate, some of the Spaniards in Hispaniola fitted out vessels to cruise along the coast of the continent. In places where they found themselves inferior in strength, they traded with the natives, and gave European toys in exchange for the plates of gold worn by them as ornaments; but, wherever they could surprise or overpower the Indians, they carried them off by force, and sold them as slaves. In those predatory excursions, such atrocious acts of violence and cruelty had been committed, that the Spanish name was held in detestation all over the continent. Whenever any ships appeared, the inhabitants either fled to the woods, or rushed down to the shore in arms to repel those hated disturbers of their tran- quillity. They forced some parties of the Spaniards to retreat with precipitation ; they cut oif others ; and in the violence of their resentment against the whole nation, they murdered two Dominican mission- aries, whose zeal had prompted them to settle in the province of Cumana. This outrage against persons revered for their sanctity, excited such indignation among the people of Hispaniola, who, notwithstand- ing all their licentious and cruel proceedings, were possessed with a wonderful zeal for religion, and a superstitious respect for its ministers, that they de- termined to inflict exemplary punishment, not only upon the perpetrators of that crime, but upon the whole race. With this view, they gave the command of five ships and three hundred men to Diego Ocampo, with orders to lay waste the country of Cumana with fire and sword, and to transport all the inhabitants as slaves to Hispaniola. This armament Las Casas found at Puerto Rico, in its way to the continent ; and as Ocampo refused to defer his voyage, he imme- diately perceived that it would be impossible to attempt the execution of his pacific plan in a country destined to be the seat of war and desolation. [April 12.] In order to provide against the effects of this unfortunate incident, he set sail directly for St. Domingo, leaving his followers cantoned out among the planters in Puerto Rico. From many concurring causes, the reception which Las Casas met with in Kispaniola was very unfavourable. In his negociation for the relief of the Indians, he had censured the conduct of his countrymen settled there THE HISTORY OP AMERICA. 51? with such honest severity, as rendered him universally odious to them. They considered their own ruin as the inevitable consequence of his success. They were now elated with hope of receiving a large recruit of slaves from Cumana, which must be relinquished if Las Casas were assisted in settling his projected colony there. Figueroa, in consequence of the in- structions which he had received in Spain, had made an experiment concerning the capacity of the Indians, that was represented as decisive against the system of Las Casas. He collected in Hispaniola a good number of the natives, and settled them in two villages, leaving them at perfect liberty, and with the uncontrolled direction of their own actions. But that people, accustomed to a mode of life extremely different from that which takes place wherever civilization has made any considerable progress, were incapable of assuming new habits at once. Dejected with their own misfortunes as well as those of their country, they exerted so little industry in cultivating the ground, appeared so devoid of solicitude or foresight in providing for their own wants, and were such strangers to arrangement in conducting their affairs, that the Spaniards pronounced them incapable of being formed to live like men in social life, and considered them as children, who should be kept under the perpetual tutelage of persons superior to themselves in wisdom and sagacity. Notwithstanding all those circumstances, which alienated the persons in Hispaniola to whom Las Casas applied from himself and from his measures, he, by his activity and perseverance, by some concessions, and many threats, obtained at length a small body of troops to protect him and his colony at their first landing. But upon his return to Puerto Rico, he found that the diseases of the climate had been fatal to several of his people ; and that others having got employment in that island refused to follow him. With the handful that remained, he set sail and landed in Cumana. Ocampo had executed his commission in that province with such barbarous rage, having massacred many of the inhabitants, sent others in chains to Hispaniola, and forced the rest to fly for shelter to the woods, that the people of a small colony, which he had planted at a place which he named Toledo, were ready to perish for want in a desolated country. There, however, Las Casas was obliged to fix his residence, though deserted both by the troops appointed to protect him, and by those under the command of Ocampo, who foresaw and dreaded the calamities to which he must be exposed in that wretched station. He made the best provision in his power for the safety and subsistence of his followers ; but as his utmost efforts availed little towards securing either the one or the other, he returned to Hispaniola, in order to solicit more effectual aid for the preservation of men, who, from confidence in him, had ventured into a post of so much danger. Soon after his departure, the natives, having discovered the feeble and defenceless state of the Spaniards, assembled secretly, attacked them with the fury natural to men exasperated by many injuries, cut off a good number, and compelled the rest to fly in the utmost consternation to the island of Cubagua. The small colony settled there on account of the pearl fishery, catching the panic with which their countrymen had been seized, abandoned the island, and not a Spaniard remained in any part of the continent, or adjacent islands, from the gulf of Paria to the borders of Darien. Astonished at such a succession of disasters, Las Casas was ashamed to show his face after this fatal termination of all his splendid schemes. He shut himself up in the convent of the Dominicans at St. Domingo, and soon after assumed the habit of that order. Though the expulsion of the colony from Cumana happened in the year one thousand five hundred and twenty one, I have chosen to trace the progress of Las Casas's negociations from their first rise to their final issue without interruption. His system was the object of long and attentive discussion ; and though his efforts in behalf of the oppressed Americans, partly from his own rashness and imprudence, and partly from the malevolent opposition of his adver- saries, were not attended with that success which he promised with too sanguine confidence, great praise is due to his humane activity, which gave rise to various regulations that were of some benefit to that unhappy people. I return now to the history of the Spanish discoveries, as they occur in the order of time. Diego Velasquez, who conquered Cuba in the year one thousand five hundred and eleven, still retained, the government of that island, as the deputy of Don Diego Columbus, though he seldom acknowledged his superior, and aimed at rendering his own authority altogether independent. Under his prudent ad- ministration, Cuba became one of the most flourishing of the Spanish settlements. The fame of this allured, thither many persons from the other colonies,' in hopes of finding either some permanent establish- ment or some employment for their activity. As Cuba lay to the west of all the islands occupied by the Spaniards, and as the ocean, which stretches, beyond it towards that quarter, had not hitherto been explored, these circumstances naturally invited the inhabitants to attempt new discoveries. An expe- dition for this purpose, in which activity and resolu- tion might conduct to sudden wealth, was more suited to the genius of the age, than the patient industry requisite in clearing ground and manufacturing sugar. Instigated by this spirit, several officers, who had served under Pedrarias in Darien, entered^ into an association to undertake a voyage of discovery.. They persuaded Francisco Hernandez Cordova, an opulent planter in Cuba, and a man of distinguished courage, to join with them in the adventure, and chose him to be their commander. Velasquez not only approved of the design, but assisted in carrying it on. As the veterans from Darien were extremely indigent, he and Cordova advanced money for pur- chasing three small vessels, and furnishing them with everything requisite either for traffic or for war. A hundred and ten men embarked on board of them, and sailed from St. Jago de Cuba on the eighth of February one thousand five hundred and seventeen. By the advice of their chief pilot, Antonio Alaminos, who had served under the first admiral Columbus, they stood directly west, relying on the opinion of that great navigator, who uniformly maintained that a westerly course would lead to the most important discoveries. On the twenty-first day after their departure from St. Jago, they saw land, which proved to be Cape Catoche, the eastern point of that large peninsula projecting from the continent of America, which still retains its original name of Yucatan. As they ap- proached the shore, five canoes came off full of people, decently clad in cotton garments ; an astonishing spectacle to the Spaniards, Avho had found every other part of America possessed by naked savages. Cor- dova endeavoured by small presents to gain the good will of these people. They, though amazed at the strange objects now presented for the first time to THE HISTORY OF AMERICA. their view, invited the Spaniards to visit their habit- ations, with an appearance of cordiality. They landed, accordingly, and as they advanced into the country they observed with new wonder some large houses built with stone. But they soon found that, if the people of Yucatan had made progress in improvement beyond their countrymen, they were likewise more artful and warlike. For though the cazique received Cordova with many tokens of friendship, he had posted a considerable body of his subjects in ambush behind a thicket, who, upon a signal given by him, rushed out and attacked the Spaniards with great boldness, and some degree of martial order. At the first flight of their arrows, fifteen of the Spaniards were wounded ; but the Indians were struck with such terror by the sudden explosion of the fire-arms, and so surprised at the execution done by them, by the cross-bows, and by the other weapons of their new enemies, that they fled precipitately. Cordova quitted a country where he had met with such a fierce reception, carrying off two prisoners, together with the ornaments of a small temple, which he plundered in his retreat. He continued his course towards the west, without losing sight of the coast, and on the sixteenth day arrived at Campeachy. There the natives received them more hospitably ; but the Spaniards were much surprised that on all the extensive coast along which they had sailed, and which they imagined to be a large island, they had not observed any river (2G). As their water began to fail, they advanced, in hopes of finding a supply; and at length they discovered the mouth of a river at Potonchan, some leagues beyond Campeachy. Cordova landed all his troops, in order to protect the sailors while employed in filling the casks ; but notwithstanding this precaution, the natives rushed clown upon them with such fury, and in such num- bers, that forty-seven of the Spaniards were killed upon the spot, and one man only of the whole body escaped unhurt. Their commander, though wounded in twelve different places, directed the retreat with presence of mind equal to the courage with which he had led them on in the engagement, and with much difficulty they regained their ships. After this fatal repulse, nothing remained but to hasten back to Cuba with their shattered forces. In their passage thither they suffered the most exquisite distress for want of water, that men wounded and sickly, shut up in small vessels, and exposed to the heat of the torrid zone, can be supposed to endure. Some of them, sinking under these calamities, died by the way ; Cordova, their commander, expired soon after they landed in Cuba. Notwithstanding the disastrous conclusion of this expedition, it contributed rather to animate than to damp a spirit of enterprise among the Spaniards. They had discovered an extensive country, situated at no great distance from Cuba, fertile in appearance, and possessed by a people far superior in improve- ment to any hitherto known in America. Though they had carried on little commercial intercourse with the natives, they had brought off some orna- ments of gold, not considerable in value, but of sin- gular fabric. These circumstances, related with the exaggeration natural to men desirous of heightening the merit of their own exploits, were more than suffi- cient to excite romantic hopes and expectations. Great numbers offered to engage in a new expedition. Velasquez, solicitous to distinguish himself by some service so meritorious as might entitle him to claim the government of Cuba independent of the admiral, not only encouraged thoir ardour, but at his own ex- pense lifted out four ships for the voyage. Two hun- dred .and forty volunteers, anions whom were several persons of rank and fortune, embarked in this enter- prise. The command of it was given to Juan de Grijalva, a young man of known merit and courage, with instructions to observe attentively the nature of the countries which he should discover, to barter for gold, and, if circumstances were inviting, to settle a colony in some proper station. [A. D. 1518.] He sailed from St. Jago de Cuba on the eighth of April one thousand five hundred and eighteen. The pilot Alaminos held the same course as in the former voyage ; but the violence of the currents carrying the ships to the south, the first land which they made was the island of Cozumel, to the east of Yucatan. As all the inhabitants fled to the woods and mountains at the approach of the Spaniards, they made no long stay there, and without any remarkable occurrence they reached Potonchan on the opposite side of the peninsula. The desire of avenging their countrymen who had been slain there, concurred with their ideas of good policy in prompting them to land, that they might chastise the Indians of that district with such exemplary rigour, as would strike terror into all th people around them. But though they disembarked all their troops, and carried ashore some field-pieces, the Indians fought with such courage, that the Spaniards gained the victory with difficulty, and were confirmed in their opinion that the inhabitants of this country would prove more formidable enemies than any they had met with in other parts of America. From Potonchan, they continued their voyage towards the west, keeping as near as possible to the shore, and casting anchor every evening, from dread of the dangerous accidents to which they might be exposed in an unknown sea. During the day their eyes were turned continually towards land, with a mixture of surprise and wonder at the beauty of the country, as well as the novelty of the objects which they beheld. Many villages were scattered along tha coast, in which they could distinguish houses of stone that appeared white and lofty at a distance. In tho warmth of their admiration, they fancied these to be cities adorned with towers and pinnacles ; and one of the soldiers happening to remark that this country resembled Spain in appearance, Grijalva, with universal applause, called it New Spain, the name which still distinguishes this extensive and opulent province of the Spanish empire in America (27). They landed in a river which the natives called Ta- basco, [June 9,] and the fame of their victory at Potonchan having reached this place, the cazique not only received them amicably, but bestowed presents upon them of such value, as confirmed the high ideas which the Spaniards had formed with respect to the wealth and fertility of the country. These ideas were raised still higher by what occurred at the place where they next touched. This was con- siderably to the west of Tabasco, in the province since known by the name of Guaxaca. There they were received with the respect paid to superior beings. The people perfumed them as they landed, with incense of gum copal, and presented to them as offerings the choicest delicacies of their country. They were extremely fond of trading with their new visitants, and in six days the Spaniards obtained ornaments of gold, of curious workmanship, to the value of fifteen thousand pesos, in exchange for European toys of small price. The two prisoners whom Cordova had brought from Yucatan, had hitherto served as interpreters ; but as they did not THE HISTORY OF AMERICA. 61 understand the language of this country, the Span- iards learned from the natives, by signs, that they were subjects of a great monarch called Montczunui, whose dominion extended over that and many other provinces. Leaving this place, with which he hud so much reason to be pleased, Grijalva continued his course towards the west. He landed on a small island, [June 19], which he named the Isle of Sa- crifices, because there the Spaniards beheld, for the first time, the horrid spectacle of human victims, which the barbarous superstition of the natives o tiered to their gods. He touched at another small island which he called St. Juan de Ulna. From this place he despatched Pedro de Alvarado, one of his officers, to Velasquez, with a full account of the im- portant discoveries which? he had made, and with all the treasure that he had acquired, by trafficking with the natives. After the departure of Alvarado, he him- self, with the remaining vessels, proceeded along the coast as far as the river Panuco, the country still appearing to be well peopled, fertile, and opulent. Several of Grijalva' s officers contended, that it was not enough to have discovered those delightful regions, or to have performed, at their different landing- places, the empty ceremony of taking possession of them for the crown of Castile, and that their glory was incomplete, unless they planted a colony in some proper station, which might not only secure the Span- ish nation a footing in the country, but, with the reinforcements which they were certain of receiving, might gradually subject the whole to the dominion of their sovereign. But the squadron had now been above five months at sea ; the greatest part of their provisions was exhausted, and what remained of their stores so much corrupted by the heat of the climate, as to be almost unfit for use ; they had lost some men by death; others were sickly; the country was crowded with people who seemed to be intelligent as well as brave ; and they were under the govern- ment of one powerful monarch, who could bring them to act against their invaders with united force. To plant a colony under so many circumstances of dis- advantage, appeared a scheme too perilous to be at- tempted. Giijalva, though possessed both of am- bition and courage, was destitute of the superior talents capable of forming or executing such a great plan. He judged it more prudent to return to Cuba, having fulfilled the purpose of his voyage, and ac- complished all that the armament which he com- manded enabled him to perform. He returned to St. Jago de Cuba on the twenty-sixth of October, from which he had taken his departure about six months before. This was the longest as well as the most successful voyage which the Spaniards had hitherto made in the New World. They had discovered that Yucatan was not an island as they had supposed, but part of the great continent of America. From Potonchan they had pursued their course for many hundred miles along a coast formerly unexplored, stretching at first towards the west, and then turning to the north ; all the country which they had discovered appeared to be no less valuable than extensive. As soon as Alvarado reached Cuba, Velasquez, transported with success so far beyond his most sanguine expectations, imme- diately despatched a person of confidence to carry this important intelligence to Spain, to exhibit the rich productions of the countries which had been dis- covered by his means, and to solicit such an increase of authority as might enable and enconrage him to attempt the conquest of them. Without waiting for the return of his messenger, or for the arrival of Grijalva, of whom he was become so jealous or dis- trustful that he was resolved no longer to employ him, he began to prepare such a powerful armament, as might prove equal to an enterprise of so much danger and importance. But as the expedition upon which Velasquez was now intent, terminated in conquests of greater mo- ment than what the Spaniards h;;d hitherto achieved, and led them to the knowledge of a people, who, if compared with those tribes of America with whom they were hitherto acquainted, may be considered as highly civilized ; it is proper to pause before we proceed to the history of events extremely different from those which we have already related, in order to take a view of the state of the New World when first discovered, and to contemplate the policy and man- ners of the rude uncultivated tribes that occupy all the parts of it with which the Spaniards were at this time acquainted. BOOK IV. TWENTY-SIX years had elapsed since Columbus conducted the people of Europe to the New World. During that period the Spaniards had made great progress in exploring its various regions. They had visited all the islands scattered in different clusters through that part of the ocean which flows in between North and South America. They had sailed along the eastein coast of the continent from the river De la Plata to the bottom of the Mexican gulf, and had found that it stretched without interruption through this vast portion of the globe. They had discovered the great Southern ocean, which opened new pros- pects in that quarter. They had acquired some knowledge of the coast of Florida, which led them to observe the continent as it extended in an opposite direction ; and though they pushed their discoveries no further towards the north, other nations had visited those parts which they neglected. The English, in a voyage, the motives and success of which shall be related iu another part of this History, had sailed along the coast of America from Labrador to the con- fines of Florida ; and the Portuguese, in quest of a shorter passage to the East Indies, had ventured into the northern seas, and viewed the same regions. Thus at the period where I have chosen to take a view of the state of the New World, its extent was known almost from its northern extremity to thirty- five degrees south of the equator. The countries which stretch from thence to the southern boundary of America, the great empire of Peru, and the interior state of the extensive dominions subject to the sovereigns of Mexico, were still undiscovered. When we contemplate the New World, the first circumstance that strikes us is its immense extent. It was not a small portion of the earth, so inconsiderable that it might have escaped the observation or research of former ages, which Columbus discovered. He made known a new hemisphere, larger than either Europe, or Asia, or Africa, the three noted divisions of the ancient continent, and not much inferior in dimensions to a third part of the habitable globe. America is remarkable, not only for its magnitude, but for its position. It stretches from the northern polar circle to a high southern latitude, above fifteen hundred miles beyond the furthest extremity of the old continent on that side of the line. 'A country of such extent passes through all the climates capable of becoming the habitation of man, and fit for yielding the various productions peculiar either to the tem- perate or to the torrid regions of the earth. 62 THE HISTORY OF AMERICA. Next to the extent of the New World, the grandeur of the objects which it presents to view is most apt to strike the eye of an observer. Nature seems here to have carried on her operations upon a larger scale, and with a bolder hand, and to have distingished the features of this country by a peculiar magnificence. The mountains in America are much superior in height to those in the other divisions of the globe. Even the plain of Quito, which may be considered as the base of the Andes, is elevated further above the sea than the top of the Pyrenees. This stupen- dous ridge of the Andes, no less remarkable for extent than elevation, rises in different places more than one-third above the Peak of Teneriffe, the highest land in the ancient hemisphere. The Andes may literally be said to hide their heads in the clouds ; the storms often roll, and the thunder bursts "below their summits, which, though exposed to the rays of the sun in the centre of the torrid zone, are covered with everlasting snows (28). From these lofty mountains descend rivers, propor- tionably large, with which the streams in the ancient continent are not to be compared, either for length of course, or the vast body of water which they roll towards the ocean. The Maragnon, the Orinoco, the Plata in South America, the Mississippi and St. Laurence in North America, flow in such spacious channels, that, long before they feel the influence of tide, they resemble arms of the sea rather than rivers of fresh water (29). The lakes of the New World are no less conspicuous for grandeur than its mountains and rivers. There is nothing in other parts of the globe which resembles the prodigious chain of lakes in North America. They may properly be termed inland seas of fresh water ; and even those of the second or third class in magnitude are of larger circuit (the Caspian sea excepted) than the greatest lake of the ancient continent. The New World is of a form extremely favourable to commercial intercourse. When a continent is formed, like Africa, of one vast solid mass, unbroken by arms of the sea penetrating into its interior parts, with few large rivers, and those at a considerable distance from each other, the greater part of it seems destined to remain for ever uncivilized, and to be de- barred from any active or enlarged communication with the rest of mankind. When, like Europe, a continent is opened by inlets of the ocean of great extent, such as the Mediterranean and Baltic ; or when, like Asia, its coast is broken by deep bays advancing far into the country, such as the Black sea, the gulfs of Arabia, of Persia, of Bengal, of Siam, and of Leotang ; when the surrounding seas are filled with large and fertile islands, and the con- tinent itself watered with a variety of navigable rivers, those regions may be said to possess whatever can facilitate the progress of their inhabitants in commerce and improvement. In all these respects America may bear a comparison with the other quar- ters of the globe. The gulf of Mexico, which flows in between North and South America, may be consi- dered as a Mediterranean sea, which opens a maritime commerce with all the fertile countries by which it is encircled. The islands scattered in it are inferior only to those in the Indian Archipelago, in number, in magnitude, and in value. As we stretch along the northern division of the American hemisphere, the bay of Chesapeak presents a spacious inlet, which conducts the navigator far into the interior parts of provinces no less fertile than extensive ; and if ever the progress of culture and population shall mitigate the extreme rigour of the climate in the more northern districts of America, Hudson's bay may become as subservient to commercial intercourse in that quarter of the globe, as the^Baltic is in Europe. The other great portion of the New World is encompassed on every side by the sea, except one narrow neck which separates the Atlantic from the Pacific ocean ; and though it be not opened by spacious bays or arms of the sea, its interior parts are rendered accessible by a number of large rivers, fed by so many auxiliary streams, flowing in such various directions, that, almost without any aid from the hand of industry and art, an inland navigation can be carried on through all the provinces from the river De la Plata to the gulf of Paria. Nor is this bounty of nature confined to the southern division of America ; its northern continent abounds no less in rivers which are navi- gable almost to their sources, and by its immense chain of lakes provision is made for an inland com- munication more extensive and commodious than in any quarter of the globe. The countries stretching from the gulf of Darien on one side, to that of California on the other, which form the chain that binds the two parts of the American continent toge- ther, are not destitute of peculiar advantages. Their coast on one side is washed by the Atlantic ocean, on the other by the Pacific. Some of their rivers flow into the former, some into the latter, and secure to them all the commercial benefits that may result from a communication with both. But what most distinguishes America from other parts of the earth, is the peculiar temperature of its climate, and the different laws to which it is subject with respect to the distribution of heat and cold. We cannot determine with precision the portion of heat felt in any part of the globe, merely by mea- suring its distance from the equator. The climate of a country is affected, in some degree, by its ele- vation above the sea, by the extent of continent, by the nature of the soil, the height of adjacent mountains, and many other circumstances. The influence of these, however, is, from various causes, less considerable in the greater part of the ancient continent ; and from knowing the position of any country there, we can pronounce with greater certainty, what will be the warmth of its climate, and the nature of its productions. The maxims which are founded upon observation of our hemisphere will not apply to the other. In the New World, cold predominates. The rigour of the frigid zone extends over half those regions, which should be temperate by their position. Countries where the grape and fig should ripen, are buried under smnv one-half of the year ; and lands situated in the same parallel with the most fertile and best cultivated provinces in Europe, are chilled with per- petual frosts, which almost destroy the power of vegetation (30). As we advance to those parts of America which lie in the same parallel with provinces of Asia and Africa, blessed with an uniform enjoy- ment of such genial warmth as is most friendly to life and to vegetation, the dominion of cold continues to be felt, and winter reigns, though during a short period, with extreme severity. If we proceed along the American continent into the torrid zone, we shall find the cold prevalent in the New World extending itself also to this region of the globe, and mitigating the excess of its fervour. While the negro on the coast of Africa is scorched with unremitting heat, the inhabitant of Peru breathes an air equally mild and temperate, and is perpetually shaded under a canopy of grey clouds, which intercepts the fierce THE HISTORY OF AMERICA. 63 beams of the sun, without obstructing his friendly influence. Along the eastern coast of America, the climate, though more similar to that of the torrid zone in other parts of the earth, is nevertheless considerably- milder than in those countries of Asia and Africa which lie in the same latitude. If from the southern tropic we continue our progress to the extremity of the American continent, we meet with frozen seas, and count lies horrid, barren, and scarcely habitable for cold, much sooner than in the north. Various causes combine in rendering the climate of America so extremely different from that of the ancient continent. Though the utmost extent of America towards the north be not yet undiscovered, we know that it advances nearer to the pole than either Europe or Asia. Both these have large seas to the north, which are open during part of the year ; and even when covered with ice, the wind that blows over them is less intensely cold than that which blows over land in the same high latitudes. But in America the land stretches from the river St. Laurence towaids the pole, and spreads out immensely to the west. A chain of enormous mountains, covered with snow and ice, runs through all this dreary region. The wind in passing over such an extent of high and frozen land, becomes so impregnated with cold, that it acquires a piercing keenness, which it retains in its progress through warmer climates, and it is not entirely migitated until it reach the gulf of Mexico. Over all the continent of North America, a north- westerly wind and excessive cold arc synonymous terms. Even in the most sultry weather, the moment that the wind veers to that quarter, its penetrating influence is felt in a transition from heat to cold no less violent than sudden. To this powerful cause we ascribe the extraordinary dominion of cold and its inroads into the southern provinces in that part of the globe. Other causes, no less remarkable, diminish the active power of heat in those parts of the American continent which lie between the tropics. In all that portion of the globe, the wind blows in an invariable direction from east to west. As this wind holds its course across the ancient continent, it arrives at the countries which stretch along the western shores of Africa, inflamed with all the fiery particles which it hath collected from the sultry plains of Asia, and the burning sands in the African deserts. The coast of Africa is, ac- cordingly, the region of the earth which feels the most fervent heat, and is exposed to the unmitigated ardour of the torrid zone. But this same wind, which brings such an accession of warmth to the countries lying between the river of Senegal and Cafraria, traverses the Atlantic ocean before it reaches the American shore. It is cooled in its passage over this vast body of water, and is felt as a refreshing gale along the coast of Brazil (31), and Guiana, rendering these countries, though among the warmest in America, temperate, when compared with those which lie opposite to them in Africa (32). As this wind advances in its course across America, it meets with immense plains covered with impenetrable forests, or occupied by large rivers, marshes, and stagnating waters, where it can recover no considerable degree of heat. At length it arrives at the Andes, which run from north to south through the whole continent. In pass- ing over their elevated and frozen summits, it is so thoroughly cooled, that the greater part of the coun- tries beyond them haidly feel the ardour to which they seem exposed by their situation. In the other provinces of America, from Tierra Feime westward to the Mexican empire, the heat of the climate is tempered in some place?, by the elevation of the land above the sea, in others, by their extraordinary humidity, and in all, by the enormous mountains scattered over this tract. The islands of America in the torrid zone are either small or mountainous, and are fanned alternately by refreshing sea and land breezes. The causes of the extraordinary cold towards the southern limits of America, and in the seas beyond it, cannot be ascertained in a manner equally satis- fying. It was long supposed that a vast continent, distinguished by the name of Terra Australia In- cognita, lay between the southern extremity of America, and the Antarctic pole. The same princi- ples which account for the extraordinary degree of cold in the northern regions of America, were em- ployed in order to explain that which is felt at Cape Horn and the adjacent countries. The immense extent of the southern continent, and the large rivers which it poured into the ocean, were mentioned and admitted by philosophers, as causes sufficient to oc- casion the unusual sensation of cold, and the still more uncommon appearances of frozen seas in that region of the globe. But the imaginary continent to which such influence was ascribed, having been searched for in vain, and the space which it was sup- posed to occupy having been found to be an open sea, new conjectures must be formed 'with respect to the causes of a temperature of climate, so extremely dif- ferent from that which we experience in countries re- moved at the same distance from theV>pposite pole (33). After contemplating those permanent and charac- teristic qualities of the American continent, which arise from the peculiarity of its situation, and the disposition of its parts, the next object that merits attention is its condition when first discovered, as far as that depended upon the industry and ope- rations of man. The effects of human ingenuity and labour are more extensive and considerable, than even our own vanity is apt at first to imagine. When we survey the face of the habitable globe, no small part of that fertility and beauty which we ascribe to the hand of nature, is the work of man. His efforts, when continued through a succession of ages, change the appearance and improve the qualities of the earth. As a great part of the ancient continent has long been occupied by nations far advanced in arts and industry, our eye is accustomed to view the earth in that form which it assumes when rendered fit to be the residence of a numerous race of men, and to supply them with nourishment. But in the New World, the state of mankind was ruder, and the aspect of nature extremely different. Throughout all its vast regions, there Avere only two monarchies remarkable for extent of territory, or dis- tinguished by any progress in improvement. The rest of this continent was possessed by small inde- pendent tribes, destitute of arts and industry, and neither capable to correct the defects, nor desirous to meliorate the condition, of that part of the earth allotted to them for their habitation. Countries, occupied by such people, were almost in the same state as if they had been without inhabitants. Im- mense forests covered a great part of the uncultivated earth ; and as the hand of industry had not taught the rivers to run in a proper channel, or drained off the stagnating water, many of the most fertile plains were overflowed with inundations, or converted into marshes. In the southern provinces, where the warmth of the sun, the moisture of the climate, and the fertility of the soil, combine in calling forth the most vigorous powers of vegetation, the woods are so choked with its rank luxuriance as to be almost 64 THE HISTORY OP AMERICA. impervious, and the surface of the ground is hid from the eye under a thick covering of shrubs and herbs and weeds. In this state of wild unassisted nature, a great part of the large provinces in South America, which extend from the bottom of the Andes to the sea, still remain. The European colonies have cleared and cultivated a few spots along the coast, but the original race of inhabitants, as rude and in- dolent as ever, have done nothing to open or improve a country, possessing almost every advantage of situ- ation and climate. As we advance towards the northern provinces of America, nature continues to wear the same uncultivated aspect, and in proportion as the ligour of the climate increases, appears more desolate and horrid. There the forests, though not encumbered with the same exuberance of vegetation, are of immense extent; prodigious marshes over- spread the plains, and few marks appear of human activity in any attempt to cultivate or embellish the earth. No wonder that the colonies sent from Europe were astonished at their first entrance into the New World. It appeared to them waste, soli- tary, and uninviting. When the English began to settle in America, they termed the countries of which they took possession, The Wilderness. Nothing but their eager expectation of finding mines of gold, could have induced the Spaniards to penetrate through the woods and marshes of America, where, at every sfep, they observed the extreme difference between the uncultivated face of nature, and that which it acquires under the forming hand of industry and art (34). The labour and operations of man not only improve and embellish the earth, but render it more whole- some and friendly to life. When any region lies neglected and destitute of cultivation, the air stag- nates in the woods, putrid exhalations arise from the waters ; the surface of the earth, loaded with rank vegetation, feels not the purifying of the sun or of the wind; the malignity of the distempers natural to the climate increases, and new maladies no less noxious are engendered. Accordingly, all the provinces of America, when first discovered, were found to be remarkably unhealthy. This the Spaniards experi- enced in every expedition into the New W T orld, whether destined for conquest or settlement. Though, by the natural constitution of their bodies, their habitual temperance, and the persevering vigour of their minds, they were as much formed as any people in Europe for active service in a sultry climate, they felt severely the fatal and pernicious qualities of those uncultivated regions through which they marched, or where they endeavoured to plant colonies. Great numbers were cut off by the unknown and violent diseases with which they were infected. Such as survived the destructive rage of those maladies, were not exempted from the noxious influence of the climate. They returned to Europe, according to the description of the early Spanish historians, feeble, emaciated, with languid looks, and- complexions of such a sick'y yellow colour, as indicated the unwhole- some temperature of the countries where they had resided. The uncultivated state of the New World affected not only the temperature of the air, but the qualities of its productions. The principle of life seems to have been less active and vigorous there, than in the ancient continent. Notwithstanding the vast extent of America, and the variety of its climates, the different species of animals peculiar to it are much fewer in proportion, than those of the other hemis- phere. In the islands, there were only four kinds of quadrupeds known, the largest of which did not exceed the size of a rabbit. On the continent, the variety was greater ; and though the individuals of each kind could not fail of multiplying exceedingly, when almost unmolested by men, who were neither so numerous, nor so united in society, as to be formidable enemies to the animal creation, the number of distinct species must still be considered as extremely small. Of two hundred different kinds of animals spread over the face of the earth, about only one-third existed in America at the time of its dis- covery. Nature was not only less prolific in the New World, but she appears likewise to have been less vigorous in her productions. The animals originally belonging to this quarter of the globe appear to^be of an inferior race, neither so robust, nor so fierce, as those of the other continent. America gives birth to no creature of such bulk as to be compared with the elephant or rhinoceros, or that equals the lion and tiger in strength and ferocity (35). The Tapyr of Brazil, the largest quadruped of the ravenous tribe in the New World, is not larger than a calf of six months old. The Puma and Jaguar, its fiercest beast of prey, which Europeans have inaccurately denominated lions and tigers, possess neither the undaunted courage of the former, nor the ravenous cruelty of the latter. They are inactive and timid, hardly formidable to a man, and often turn their backs upon the least appearance of resistance. The same qualities in the climate of America, which stinted the growth, and enfeebled the spirit, of its native animals, have proved pernicious to such as have migrated into it voluntarily from the other continent, or have been transported thither by the Europeans. The bears, the wolves, the deer of America, are not equal in size to those of the Old World. Most of the domestic animals, with which the Europeans have stored the provinces wherein they settled, have degenerated with respect either to bulk or quality, in a country whose temperature and soil seem to be less favourable to the strength and perfection of the animal creation (36). The same causes which checked the growth and the vigour of the more noble animals, were friendly to the propagation and increase of reptiles and insects. Though this is not peculiar to the New World, and those odious tribes, nourished by heat, moisture, and corruption, infest every part of the torrid zone; they multiply faster, perhaps, in Ame- rica, and grow to a more monstrous bulk. As this country is, ori the whole, less cultivated, and less peopled? than the other quarters of the earth, the active principle of life wastes its force in productions of this inferior form. The air is often darkened with clouds of insects, and the ground covered with shocking and noxious reptiles. The country around Porto Bello swarms with toads in such multitudes, as hide the' surface of the earth. At Guayaquil, snakes and vipers are hardly less numerous. Carthagena is infested with numerous flocks of bats, which annoy not only the cattle, but the inhabitants. In the islands, legions of ants have, at different times, con- sumed every vegetable production (37), and left the earth entirely bare, as if it had been burnt with fire. The damp forests and rank soil of the countries on Mie banks of the Oaddle and steer them with such dexterity, that Europeans, well acquainted with all the improvements n the science of navigation, have been astonished at he rapidity of their motion, and the quickness of their (volutions. Their pirogues, or war-boats, are so largo ,s to carry forty or fifty men ; their canoes employed n fishing and in short voyages are less capacious. ?he form as well as materials of all these various cinds of vessels is well adapted to the service for hich they are destined ; and the more minutely hey are examined, the mechanism of their structure, s well as neatness of their fabric, will appear the lore surprising. But in every attempt towards industry among the Americans, one striking quality in their character i* onspicuous. They apply to work without ardour, arry it on with little activity, and, like children, are asily diverted from it. Even in operations which eem the most interesting, and where the most power- ul motives urge them to vigorous exertions, they abour with a languid listlessness. Their work ad- ances under their hand with such slowness, that an ye-witness compares it to the imperceptible progress f vegetation. They will spend so many years in arming a canoe, that it often begins to rot with age > e fore they finish it. They will suffer one part of a oof to decay and perish, before they complete the- ther. The slightest manual operation consumes an mazing length of time, and what in polished nations rould hardly be an effort of industry, is among THE HISTORY OF AMERICA. savages an arduous undertaking. This slowness of the Americans in executing works of every kind may Le imputed to various causes. Among savages, who do not depend for subsistence upon the efforts of regular industry, time is of so little importance, that they set no value upon it ; and provided they can finish a design, they never regard how long they are Employed about it. The tools which they employ are so awkward and defective, that every work in which they engage must necessarily be tedious. The hand of the most industrious and skilful artist, were it furnished with no better instrument than a stone hatchet, a shell, or the bone of some animal, would find it difficult to perfect the most simple work. It is by length of labour that he must endeavour to supply his defect of power. But above all, the cold phleg- matic temper peculiar to the Americans renders their operations languid. It is almost impossible to rouse them from that habitual indolence to which they are sunk; and unless when engaged in war or hunting, they seem incapable of exerting any vigorous effort. Their ardour of application is not so great as to call forth that inventive spirit which suggests expedients for facilitating and abridging labour. They will re- turn to a task day after day, but all their methods of executing it are tedious and operose (85.) Even since the Europeans have communicated to them the knowledge of their instruments, and taught them to imitate their arts, the peculiar genius of the Ameri- cans is conspicuous in every attempt they make. They may be patient and assiduous in labour, they can copy with a servile and minute accuracy, but discover little invention and no talents for despatch. In spite of instruction and example, the spirit of the race predominates ; their motions are naturally tardy, and it is in vain to urge them to quicken their pace. Among the Spaniards in America, the work of an Indian is a phrase by which they describe any thing, in the execution of which an immense time has been employed, and much labour wasted. VII. No circumstance respecting rude nations has been the object cf greater curiosity than their religious tenets and rites ; and, none, perhaps, has teen so imperfectly understood, or represented with so little fidelity. Priests and missionaries are the persons who have had the best opportunities of car- rying on this enquiry, among the most uncivilized of the American tribes. Their minds, engrossed by the doctrines of their own religion, and habituated to its institutions, are apt to discover something which resembles those objects of their veneration, in the opinions and rites of every people. Whatever they contemplate, they view through one medium, and draw and accommodate it to their own system. They study to reconcile the institutions, which fall under their observation, to their own creed, not to explain them according to the rude notions of the people themselves. They ascribe to them ideas which they are incapable of forming; and suppose them to be acquainted with principles and facts, which it is impos- sible that they should know. Hence, some mission- aries have been induced to believe, that even among the most barbarous nations in America, they had discovered traces, no less distinct than amazing, of their acquaintance with the sublime mysteries and peculiar institutions of Christianity. From their own interpretation of certain expressions and ceremonies, they have concluded that these people had some knowledge of the doctrine of the Trinity, of the in- carnation of the Son of God, of his expiatory sacri- fice, of the virtue of the cross, and of the efficacy of the sacraments. In such unintelligent and credu- JQIIS guides, we can place little confidence, But even when we make our choice of conductors with the greatest care, we must not follow them with implicit faith. An enquiry into the religious notions of rude nations is involved in peculiar intricacies, and we must often pause in order to separate the facts which our informers relate from the reasonings with which they are accompanied, or the theories which they build upon them. Several pious writers, more attentive to the importance of the subject than to the condition of the people whose sentiments they were endeavouring to discover, have bestowed much un- profitable labour in researches of this nature (S6.) There are two fundamental doctrines upon which the whole system of religion, as far as it can be dis- covered by the light of nature, is established. The one respects the being of a God, the other the immor- tality of the soul. To discover the ideas of the un- cultivated nations under our review with regard to those important points, is not only an object of curio- sity, but may afford instruction. To these two arti- cles I shall confine my researches, leaving subordi- nate opinions, and the detail of local superstitions, to more minute inquirers. Whoever has had any opportunity of examining into the religious opinions of persons in the inferior ranks of life, even in the most enlightened and civilized nations, will find that their system of belief is derived from instruction, not discovered by inquiry. That numerous part of the human species whose lot is labour, whose principal and almost sole occupation is to secure subsistence, views the arrangement and operations of nature with little reflection, and has neither leisure nor capacity for entering into that path of refined and intricate speculation which conducts to the knowledge of the principles of natural religion. In the early and most rude periods of savage life, such disquisitions are altogether unknown. When the intellectual powers are just beginning to unfold, and their first feeble exertions are directed towards a few objects of primary necessity and use; when the faculties of the mind are so limited, as not to have formed abstract or general ideas ; when language is so barren, as to be destitute of names to distinguish any thing that is not perceived by some of the senses ; it is preposterous to expect that rnan should be capable of tracing with accuracy the relation between cause and effect; or to suppose that he should rise from the contemplation of the one to the knowledge of the other, and form just conceptions of a Deity, as the Creator and Governor of the universe. The idea of creation is so familiar wherever the mind is enlarged by science, and illu- minated with revelation, that we seldom reflect how profound and abstruse this idea is, or consider what progress man must have made in observation and research, before he could arrive at any know- ledge of this elementary principle in religion. Ac- cordingly, several tribes have been discovered in America, which have no idea whatever of a Supreme Being, and no rites of religious worship. Inattentive to that magnificent spectacle of beauty and order presented to their view, unaccustomed to reflect either upon what they themselves are, or to inquire who is the author of their existence, men, in their savage state, pass their days like the animals around them, without knowledge or veneration of any superior power. Some rude tribes have not in their language any name for the Deity, nor have the most accurate observers been able to discover any practice or institution which seemed to imply that they recog- nised his authority, or were solicitous to obtain hia favour (87). It is however only among men in the most uncultivated sta.te of nature, and while their. THE HISTORY OP AMERICA. intellectual faculties are so feeble and limited as hardly to elevate them above the irrational creation, that we discover this total insensibility to the im- pressions of any invisible power. Bat the human mind, formed for religion, soon opens to the reception of ideas, which are destined, when corrected and refined, to be the great source of consolation amidst the calamities of life. Among some of the American tribes, still in the infancy of improvement, we discern apprehensions of some in- visible and powerful beings. These apprehensions are originally indistinct and perplexed, and seem to be suggested rather by the dread of impending evils, than to fiovf from gratitude for blessings received. While nature holds on her course with uniform and undisturbed regularity, men enjoy the benefits re- sulting from it, without enquiring concerning its cause. But every deviation from this regular course rouses and astonishes them. When they behold events to which they are not accustomed, they search for the reasons of them with eager curiosity. Their understanding is unable to penetrate into these; but imagination, a more forward and ardent faculty of the mind, decides without hesitation. It ascribes the extraordinary occurrences in nature to the influence of invisible beings, and supposes that the thunder, the hurricane, and the earthquake, are effects of their interposition. Some such confused notion of spiritual or invisible power, superintending over those natural calamities which frequently desolate the earth, and terrify its inhabitants, may be traced among many- rude nations (&). But besides this, the disasters and dangers of savage life are so many, and men often find themselves in situations so formidable, that the mind, sensible of its own weakness, has no re- source but in the guidance and protection of wisdom and power superior to what is human. Dejected with calamities which oppress him, and exposed to dangers which he cannot repel, the savage no longer relies upon himself ; he feels his own impotence, and sees no prospect of being extricated, but by the in- terposition of some unseen arm. Hence, in all unen- lightened, nations, the first rites or practices which bear any resemblance to acts of religion, have it for their object to avert evils which men suffer or dread. The Manitaiit or Okkis of the North Americans were amulets or charms, which they imagined to be of such virtue, as to preserve the persons who reposed confi- dence in them from every disastrous event ; or they wore considered as tutelar spirits, whose aid they might implore in circumstances of distress. The Cemis of the islanders were reputed by them to be the authors of every calamity that afflicts the human race ; they were represented under the most fright- ful forms, and religious homage was, paid to them with no other view than to appease these furious deities. Even among those tribes whose religious system was more enlarged, and who had formed some conception of benevolent beings, which delighted in conferring benefits, as well as of malicious powers prone to inflict evil, superstition still appears as the offspring of fear, and all its efforts were employed to avert calamities. They were persuaded that their good deities, prompted by the beneficence of their nature, would bestow every blessing in their power, without solicitation or acknowledgment ; and their only anxiety was to soothe and deprecate the wrath of the powers whom they regarded as the enemies of mankind. Such were the imperfect conceptions of the greater part of the Americans with respect to the interposi- tions of invisible agents, ad such, almost universally, was the mean and illiberal object of their supersti- tions. Were we to trace back the ideas of other nations to that rude state in which history first presents them to our view, we should discover a surprising resemblance in their tenets and practices ; and should be convinced, that, in similar circum- stances, the faculties of the human mind hold nearly the same course in their progress, and arrive at almost the same conclusions. The impressions of fear are conspicuous in all the systems of superstition formed in this situation. The most exalted notions of men rise no higher than to a perplexed apprehen- sion of certain beings, whose power, though super- natural, is limited as well as partial. But, among other tribes, which have been longer united, or have made greater progress in improve- ment, we discern some feeble pointing towards more just and adequate conceptions of the power that presides in nature. They seem to perceive that there must be some universal cause to whom all things aie indebted for their being. If we may judge by some of their expressions, they appear to acknowledge a divine power to be the maker of the world, and the disposer of all events. They denomi- nate him the Great Spirit. But these ideas are faint and confused, and when they attempt to explain them it is manifest, that among them the word tpirit has a meaning very different from that in which we employ it, and that they have no conception of any deity but what is corporeal. They believe their gods to be of the human form, though of a nature more excel- lent than man, and retail such wild incoherent fables concerning their functions and operations, as are altogether unworthy of a place in history. Even among these tribes, there is no established form of pub- lic worship ; there are no temples erected in honour of their deities ; and no ministers peculiarly consecra- ted to their service. They have the knowledge, how- ever of several superstitious ceremonies and practices handed down to them by tradition, and to these they have recourse with a childish credulity, when roused by any emergence from their usual insensibility, and excited to acknowledge the power, and to implore the protection, of superior beings. The tribe of the Natchez, and the people of Bogota, had advanced beyond the other uncultivated nations of America in their ideas of religion, as well as in their political institutions ; and it is no less difficult to explain the cause of this distinction than of that which we have already considered. The sun was the chief object of religious worship among the Natchez. In their temples, which were constructed with some magnificence, and decorated with various ornaments,, according to their mode of architecture, they pre- served a perpetual fire, as the purest emblem of their divinity. Ministers were appointed to watcn. and feed this sacred flame. The first function of the great chief of the nation, every morning, was an act of obeisance to the sun ; and festivals returned at stated seasons, which were celebrated by the whole community with solemn but unbloody rites. This is the most refined species of superstition known in America, and, perhaps, one of the most natural as well as most seducing. The sun is the appa- rent source of the joy, fertility, and life, diffused through nature ; and while the human mind, in its earliest essays towards inquiry, contemplates and admires his universal and animating energy, its admiration is apt to stop short at what is visible, without reaching to the unseen cause ; and pays that adoration to the most glorious and beneficial work of God, which is. due only to him who fornie4 THE. HISTORY OF AMERICA. it. As fire is the most pure and active of the ele- ments, and in some of its qualities and effects resembles the sun, it was, not improperly, chosen to fee the emblem of his powerful operation. The ancient Persians, a people far superior, in every respect, to that rude tribe whose rites I am describ- ing, founded their religious system on similar prin- ciples, and established a form of public worship, less gross and exceptionable than that of any people destitute of guidance from revelation. This sur- prising coincidence in sentiment, between two nations, in such different states of improvement, is one of the many singular and unaccountable circumstances wlwch occur in the history of human affairs. Among the people of Bogota, the sun and moon Nvcre, likewise, the chief objects of veneration. Their system of religion was more pure and complete, though less pure than that of the Natchez. They had temples, altars, priests, sacrifices, and that long train of ceremonies, which superstition introduces wherever she has fully established her dominion over the minds of men. But the rites of their worship were cruel and bloody. They offered human victims to their deities, and many of their practices nearly resembled the barbarous institutions of the Mexicans, the genius of which we shall have an opportunity of considering more attentively in its proper place. ' With respect to the other great doctrine of religion, concerning the immortality of the soul, the senti- ments of the Americans were more united : the human mind, even when least improved and invigo- rated by culture, shrinks from the thought of annihila- tion and looks forward with hope and expectation to a state of future existence. This sentiment, resulting from a secret consciousness of its own dignity, from an instinctive longing after immortality, is universal, and may be deemed natural. Upon this are founded the most exalted hopes of man in his highest state of improvement ; nor has nature withheld from him this soothing consolation, in the most early and rude period of its progress. We can trace this opinion from one extremity of America to the other, in some regions more faint and obscure, in ethers more perfectly developed, but nowhere unknown. The most uncivilized of it; savage tribes do not appre- hend death as the extinction of being. All entertain hopes of a future and more happy state, where they shall be for ever exempt from the calamities which embitter human life in its present condition. This future state they conceive to be a delightful country, blessed with perpetual spring, whose forests abound with game, whose rivers swarm with fish, where famine is never felt, and uninterrupted plenty shall be enjoyed without labour or toil. But as men, in forming their first imperfect ideas concerning the invisible world, suppose that there they shall con- tinue to feel the same desires, and to be engaged in the same occupations, as in the present world ; they naturally ascribe eminence and distinction in that state, to the same qualities and talents which are here the object of their esteem. The Americans, ac- coidinglj', allotted the highest place in their country of spirits, to the skilful hunter, to the adventurous and successful warrior, and to such as had tortured the greatest number of captives, and devoured their flesh. These notions where so prevalent, that they gave rise to an universal custom, which is at once the strongest evidence that the Americans believe in a future state, and the best illustration of what they expect there. As they imagine, that departed spirits begin their career anew in the world whither they are gone, that their friends may not enter upon it defenceless and unprovided, they bury together with the bodies of the dead, their bow, their arrows, and other weapons used in hunting or war ; they deposit in their tombs the skins or stuffs of which they make garments, Indian corn, manioc, venison, domestic utensils, and whatever is reckoned among the neces- saries in their simple mode of life. In some pro- vinces, upon the decease of a cazique or chief, a certain number of his wives, of his favorites, and of his slaves, were put to death, and interred together with him, that he might appear with the same dignity in his future station, and be waited upon by the same attendants. This persuasion is so deep-rooted, that many of the deceased person's retainers offer themselves as voluntary victims, and court the privilege of accompanying their dcpaited master, as a high distinction. It has been found difficult, on some occasions, to set bounds to this enthusiasm of affectionate duty, and to reduce the train of a favourite leader to such a number as the tribe could afford to spare (89). Among the Americans, as well as other uncivilized nations, many of the rites and observances which bear some resemblance to acts of religion, have no connexion Avith devotion, but proceed from a fond desire of prying into futurity. The human mind is most aft to feel and to discover this vain curiosity when its own powers are most feeble and unin- formed. Astonished with occurrences, of which it is unable to comprehend the cause, it naturally fancies, that there is something mysterious and wonderful in their origin. Alarmed at events of which it cannot discern the issue or the consequences, it has recourse to other means of discovering them, than the exercise of its own sagacitv. Wherever superstition is so established as to form a regular system, this desire of penetrating into the secrets of futurity is connected with it. Divination becomes a religious act. Priests, as the ministers of Heaven, pretend to deliver its oracles to men. They are the only soothsayers, augurs, and magicians, who profess the sacred and important art of disclosing what is hid from other eyes. But among rude nations, who pay no veneration to any superintending power, and who have no esta- blished rites or ministers of religion, their curiosity to discover what is future and unknown, is cherished by a different principle, and derives strength from another alliance. As the diseases of men in a savage state are, as has been already observed, like those of the animal creation, few, but extremely violent, iheir impatience under what they sxiffer, and solicitude for the recovery of health, soon inspired them with extraordinary reverence for such as pretended to understand the nature of their maladies, and to be possessed of knowledge sufficient to preserve or deliver them from their sudden and fatal effects. These ignorant pretenders, however, were such utter stran- gers to the structure of the human frame, as to be equally unacquainted with the causes of its disorders, and the manner in which they will terminate. Su- persiition, mingled frequently with some portion of craft, supplied what they wanted in science. They imputed the organ of diseases to supernatural influ- ence, and prescribed or performed a variety of mys- terious rites, which they gave out to be of such efficacy as to remove the mostdangerous and inveterate maladies. The credulity and love of the marvellous, natural to uninformed men, favoured the deception, and prepared them to be the dupes of those impostors. Amonjj savages, their first physicians ar a kind of conjurers or wizards, who boast that they know what is past, and can foretell what is to come. Incan- THE HISTORY OP AMERICA. tations, sorcery, and mummeries of diverse kinds, no less strange than frivolous, are the means which they employ to expel the imaginary causes of malig- nity ; and, relying upon the efficacy of these, they predict with confidence what will be the fate of their deluded patients. Thus superstition, in its earliest form, flowed from the solicitude of man to be deli- vered from present distress, not from his dread of evils awaiting him in a future life, and was originally- ingrafted on medicine, not on religion. One of the first and most intelligent historians of America was struck with this alliance between the art of divina- tion and that of physic, among the people of His- paniola. But this was not peculiar to them. The Alexis, the Piayas, the Autmoins. or whatever was the distinguishing name of their diviners and charmers in other parts of America, were all the phy- sicians of their respective tribes, in the same manner as the Bubitos of Hispaniola. As their function led them to apply to the human mind when enfeebled by sickness, and as they found it, in that season of dejection, prone to be alarmed with imaginary fears, or amused with vain hopes, they easily induced it to rely with implicit confidence on the virtue of their spell?, and the certainty of their predictions. Whenever men acknowledge the reality of super- natural power and discernment in one instance, they have a propensity to admit it in others. The Americans did not long suppose the efficacy of con- juration to be confined to one subject. They had recourse to it in every situation of danger or distress. When the events of war were peculiarly disastrous, when they met with unforeseen disappointment in hunting, when inundations or drought threatened their crops with destruction, they called upon their conjurers to begin their incantations, in order to discover the causes of those calamities, or to foretell what would be their issue. Their confidence in this delusive art gradually increased, and manifested itself in all the occurrences of life. When involved in any difficulty, or about to enter upon any transaction of moment, every individual regularly consulted the sorcerer, and depended upon his instructions to extricate him from the former, as well as to direct his conduct in the latter. Even among the rudest tribes in America, superstition appears in this form, and divination is an art in high esteem. Long before man had acquired such knowledge of a deity as in- spires reverence and leads to adoration, we observe him stretching out a presumptuous hand to draw aside that veil with which Providence kindly con- ceals its purpose from human knowledge ; and we find him labouring with fruitless anxiety to pene- trate into the mysteries of the divine administration. To discern and to worship a superintending power, is an evidence of the enlargement and maturity of the human understanding ; a vain desire of prying into futurity, is the error of its infancy, and a proof of its weakness. From this weakness proceeded likewise the faith of the Americans in dreams, their observation of omens, their attention to the chirping of birds, and the cries of animals, all which they suppose to be indications of future events ; and if any one of these prognostics is deemed unfavourable, they instantly abandon the pursuit of those measures on which thev are most eagerly bent. VIII. But if we would form a complete idea of the uncultivated nations of America, we must not pass unobserved some singular customs, which, though universal and characteristic, could not be reduced, with propriety, to any of the articles into which I have divided my inquiry concerning their manners. Among savages, in every part of the globe, the love of dancing is a favourite passion. As, during a great part of their time, they languish in a state of inactivity and indolence, without any occupation to rouse or interest them, they delight universally in a pastime which calls forth the active powers of their nature into exercise. The Spaniards, when they first visited America, were astonished at the fondness of the natives for dancing, and beheld with wonder a people, cold and unanimated in most of their other pursuits, kindle into lif-, and exert themselves with ardour, as often as this favourite amusement recurred. Among them, indeed, dancing ought not to be denominated an amusement. It is a serious and important occupation, which mingles in every oc- currence of public or private life. If any inter- course be necessary between two American tribes, the ambassadors of the one approach in a solemn dance, and present the calumet or emblem of peace ; the sachems of the other receive it with the same ceremony. If war is denounced against an enemy, it is by a dance, expressive of the resentment which they feel, and of the vengeance \yhich they meditate. If the wrath of their gods is to be appeased or their beneficence to be celebrated ; if they rejoice at the birth of a child, or mourn the death of a friend, they have dances appropriated to each of these situations, and suited to the different senti- ments with which they are then animated. If a person is indisposed, a dance is prescribed as the most effectual means of restoring him to health ; and if he himself cannot endure the fatigue of such an exercise, the physician or conjurer performs it in his name, as if the virtue of his activity could be transferred to his patient. All their dances are imitations of some action ; and though the music by which they are regulated is extremely simple and tiresome to the ear by its dull monotony,, some of their dances appear won- derfully expressive and animated. The war dance is, perhaps, the most striking. It is the representa- tion of a complete American campaign. The de- parture of the warriors from their village, their march into the enemy's country, the caution with which they encamp, the address with which they station some of their party in ambush, the manner ol surprising the enemy, the noise and ferocity of the combat, the scalping of those who are slain, the seizing of prisoners, the triumphant return of the conquerors, and the torture of the victims, are suc- cessively exhibited. The performers enter with such enthusiastic ardour into their several parts; their gestures, their countenance, their voice, are so wild and so well adapted to their various situations, that Europeans can hardly believe it to be a mimic scene, or view it without emotions of fear and horror. But however expressive some of the American dances may be, there is one circumstance in them remarkable, and connected with the character of the race. The songs, the dances, the amusements of other nations, expressive of the sentiments which animate their hearts, are often adapted to display or excite that sensibility which mutually attaches the sexes. Among some people, such is the ardour of this passion, that love is almost the sole object of festivity and joy ; and as rude nations are strangers to deli- cacy, and unaccustomed to disguise any emotion of their minds, their dances are often extremely wanton and indecent. Such' is the Calenda, of which the natives of Africa are so passionately fond ; and such THE HISTORY OF AMERICA. the feats, of the dancing girls, which the Asiatics contemplate with so much avidity of desire. But among the Americans, more cold and indifferent to their females, from causes which I have already explained, the passion of love mingles but little with their festivals and pastimes. Their songs and dances are mostly solemn and martial ; they are connected with some of the serious and important affairs of life; and having no relation to love or gallantry, are seldom common to the two sexes, but executed by the men and women apart (90). If, on some occasions, the women are permitted to join in the festival, the character of the entertainment is still the same, and no movement or gesture is expressive of attachment, or encourages familiarity. An immoderate love of play, especially games of hazard, which seems to be natural to all people unaccustomed to the occupations of regular industry, is likewise universal among the Americans. The same causes, which so often prompt persons in civilized life, who are at their ease, to have recourse to this pastime, render it the delight of the savage. The former are independent of labour, the latter do not feel the necessity of it ; and as both are unemployed, they run with transport to whatever is interesting enough to stir and to agitate their minds. Hence the Americans, who at other times are so indifferent, so phlegmatic, so silent, and animated with so few desires, as soon as they engage in play, become rapacious, impatient, noisy, and almost frantic with eagerness. Their furs, their domestic utensils, their clothes, their arms, are staked at the gaming-table, and when all is lost, high as their sense of independence is, in a wild emotion of despair or of hope, they will often risk their personal liberty upon a single cast. Among several tribes, such gaming parties frequently recur, and become their most acceptable entertainment at every great festival. Superstition, which is apt to take hold of those passions which are most vigorous, frequently lends its aid to confirm and strengthen this favourite inclination. Their conjurers are accus- tomed to prescribe a solemn match at play, as one of the most efficacious methods of appeasing their gods, or of restoring the sick to health. From causes similar to those which render them fond of play, the Americans are extremely addicted to drunkenness. It seems to have been one of the first exertions of human ingenuity to discover some composition of an intoxicating quality ; and there is hardly any nation so rude, or so destitute of inven- tion, as not to have succeeded in this fatal research. The most barbarous of the American tribes have been so unfortunate as to attain this art ; and even those which are so deficient in knowledge, as to be unac- quainted with the method of giving an inebriating strength to liquors by fermentation, can accomplish the same end by other means. The people of the islands of North America, and of California, used, for this purpose, the smoke of tobacco, drawn up with a certain instrument into the nostrils the fumes of which as- scending to the brain, they felt all the transports and phrensy of intoxication (91). In almost every other part of the New World, the natives possess the art of extracting an intoxicating liquor from maize or the manioc root, the same substances which they convert into bread. The operation by which they effect this, nearly resembles the common one of brewing, but with this difference, that in place of yeast, they use a nauseous infusion of a certain quantity of maize or manioc chewed by their women. The Saliva excites a;vigorous fermentation, and in few days the liquor becomes fit for drinking. It is not disagreeable? to the taste, and when swallowed in large quantities, is of an intoxicating quality. This is the general bever- age of the Americans, which they distinguish by various names, and for which they feel such a violent and insatiable desire, as it is not easy either to con- ceive or describe. Among polished nations, where a succession of various functions and amusements keep the mind in continual occupation, the dpsire of strong drink is regulated in a great measure by the climate, and increases or diminishes according to the variations of its temperature. In warm regions, the delicate and sensible frame of the inhabitants does not require the stimulation of fermented liquors. In colder countries, the constitution of the natives, more robust and more sluggish, stands in need of generous liquors to quicken and animate it. But among savages, the desire of something that is of power to intoxicate, is in every situation the same. All the people of America, if we except some small tribes near the Straits of Magellan, whether natives of the torrid zone, or inhabitants of its more temperate regions, or placed by a harder fate in the severe cli- mates towards its northern or southern extremity, appear to be equally under the dominion of this appetite. Such a similarity of taste, among people in such different situations, must be ascribed to the influence of some moral cause, and cannot be consi- dered as the effect of any physical or constitutional want. While engaged in war or in the chace, the savage is often in the most interesting situations, and all the powers of his nature are roused to the most vigorous exertions. But those animating scenes are succeeded by long intervals of repose, during which the warrior meets with nothing that he deems of sufficient dignity or importance to merit his attention. He languishes and mopes in this season of indolence. The posture of his body is an emblem of the state of his mind. In one climate, cowering over the fire in his cabin : in another, stretched under the shade of some tree, he dozes away his time in sleep, or in an unthinking joyless inactivity, not far removed from it. As strong liquors awake him from this torpid state, give a brisker motion to his spirits, and enliven him more thoroughly than either dancing or gaming, his love of them is excessive. A savage when not engaged in action, is a pensive melancholy animal; but as soon as he tastes, or has a prospect of tasting, the intoxi- cating draught, he becomes gay and frolicksome. Whatever be the occasion or pretext on which the Americans assemble, the meeting always terminates in a debauch. Many of their festivals have no other object, and they welcome the return of them with transports of joy. As they are not accustomed to restrain any appetite, they set no bounds to this. The riot often continues without intermission several days ; and whatever may be the fatal effects of their excess, they never cease from drinking as long as one drop of liquor remains. The persons of greatest eminence, the most distinguished warriors, and the chiefs most renowned for their wisdom, have no greater command of themselves than the most obscure members of the community. Their eagerness for present enjoyment renders them blind to its fatal consequences ; and those very men, who in other situations seem to possess a force of mind more than human, are in this instance inferior to children in foresight, as well as consideration, and mere slaves of brutal appetite. When their passions, naturally strong, are heightened and inflamed by drink, they are guilty of the most enormous outrages, and the festivity sel- dom concludes without deeds of violence or bloodshed. THE HISTORY OF AMERICA. But, amidst this wild debauch, there is one cir- cumstance remarkable ; the women, in most of the American tribes, are not permitted to partake of it (92). Their province is to prepare the liquor, to serve it about to the guests, and to take care of their husbands and friends, when their reason is over- powered. This exclusion of the women from an enjoy- ment so highly valued by savages, may be justly considered as a mark of their inferiority, and as an additional evidence of that contempt with which they were treated in the New World. The people of North America, when first discovered, were not ac- quainted with any intoxicating drink : but as the Europeans early found it their interest to supply them with spirituous liquors, drunkenness soon became as universal among them as among their countrymen to the south ; and their women having acquired this new taste, indulged it with as little decency and mo- deration as the men. It were endless to enumerate all the detached customs which have excited the wonder of travellers in America ; but I cannot omit one seemingly as singular as any that has been mentioned. When their parents and other relations become old, or labour under any distemper which their slender knowledge of the healing art cannot remove, the Americans cut short their days with a violent hand, in order to be relieved from the burden of supporting and tending them. This practice prevailed among the ruder tribes in every part of the continent, from Hudson's Bay to the river De la Plata : and however shocking it may- be to those sentiments of tenderness and attachment, which, in civilized life, we are apt to consider as con- genial with our frame, the condition of man in the savage state leads and reconciles him to it. The same hardships and difficulty of procuring subsistence, which deter savages, in some cases, from rearing their children, prompt them to destroy the aged and infirm. The declining state of the one is as helpless as the infancy of the other. The former are no less unable than the latter to perform the functions that belong to a warrior or hunter, or to endure those various dis- tresses in which savages are so often involved, by their own want of foresight and industry. Their relations feel this ; and, incapable of attending to the wants or weaknesses of others, their impatience under an additional burden prompts them to extinguish that life which they find it difficult to sustain. This is not regarded as a deed of cruelty, but as an act of mercy. An American, broken with years and infirmi- ties, conscious that lie can no longer depend on the aid of those around him, places himself contentedly in his grave ; and it is by the hands of his children or nearest relations that the thong is pulled, or the blow inflicted, which releases him for ever from the sorrows of life. IX. After contemplating the rude American tribes in such various lights ; after taking a view of their customs and manners from so many different stations, nothing remains but to form a general estimate of their character, compared with that of more polished nations. A human being, as he comes originally from the hand of nature, is every where the same. At his first appearance in the state of infancy, whe- ther it be among the rudest savages, or in the most civilized nation, we can discern no quality which marks any distinction or superiority. The capacity of improvement seems to be the same; and the tulents he may afterwards acquire, as well as the virtues he may be rendered capable of exercising, depend, in a great measure, upon the state of society in which he is placed. To this state his mind natu- THE HISTORY OF AMERICA, No. 13. rally accommodates itself, and from it receives dis- cipline and culture. In proportion to the wanta which it accustoms a human being to feel, and the functions in which these engage him, his intellectual powers are called forth. According to the connexions which it establishes between him and the rest of his species, the affections of his heart are exerted. It is only by attending to this great principle, that we can discover what is the character of man. in every different period of his progress. If we apply it to savage life, and measure the at-* tainments of the human mind in that state by this standard, we shall find, according to an observation which I have already made, that the intellectual powers of man must be extremely limited in their operations. They are confined within the narrow sphere of what he deems necessary for supplying his own wants. Whatever has not some relation to these, neither attracts his attention, nor is the object of his inquiries. But however narrow the bounds may be within which the knowledge of a savage is circumscribed, he possesses thoroughly that small portion which he has attained. It was not commu- nicated to him by formal instruction; he does not attend to it as a matter of mere speculation and curi- osity ; it is the result of his own observation, the fruit of his own experience, and accommodated to his condition and exigencies. While employed in the active occupations of war or hunting, he often finds himself in difficult and perilous situations, from which the efforts of his own sagacity must extricate him. He is frequently engaged in measures, where every step depends upon his own ability to decide, where he must rely solely upon his own penetration to discern the dangers to which he is exposed, and upon his own wisdom in providing against them. In consequence of this, he feels the knowledge which he possesses, and the efforts which he makes, and either in deliberation or action rests on himself alone. As the talents of individuals are exercised and improved by such exertions, much political wisdom is said to be displayed in conducting the affairs of their small communities. The council of old men in an American tribe, deliberating upon its interests, and determining with respect to peace or war, has been compared to the senate in more polihsed repub- lics. The proceedings of the former, we are told, are often no less formal and sagacious than those of the latter. Great political wisdom is exhibited in pon- dering the various measures proposed, and in balancing their probable advantages, against the evils of which they may be productive. Much address and eloquence are employed by the leaders, who aspire in acquiring such confidence with their coun- trymen as to have an ascendent in those assemblies. But, among savage tribes, the field for displaying political talents cannot be extensive. Where the idea of private property is incomplete, and no criminal jurisdiction is established, there is hardly any func- tion of internal government to exercise. W T here there is no commerce, and scarcely any intercourse among separate tribes ; where enmity is implacable, and hostilities are carried on almost without inter- mission ; there will be few points of public concern, to adjust with their neighbours, and that department of their affairs which may be denominated foreign, cannot be so intricate as to require much refined policy in conducting it. Where individuals are so thoughtless and improvident as seldom to take effectual precautions for self-preservation, it is vain > to expect that public measures and deliberations will be regulated by the contemplation of remote events O THE HISTORY OF AMERICA. It is the genius of savages to act from the impulse of present passion. They have neither foresight nor temper to form complicated arrangements with re- apect to their future conduct. The consultations of the Americans, indeed, are [so frequent, and their negociations are so many, and so long protracted, as to give their proceedings an extraordinary aspect of wisdom. But this is not owing so much to the depth of their schemes as to the coldness and phlegm of their temper, which render them slow in determinations. If we except the celebrated league that united the Five Nations in Canada into a federal republic, which shall be considered in its proper 'place, we can discern few such traces of political wisdom among the rude American tribes, as discover any great degree of foresight or extent of intellectual abilities. Even among them, we shall find public measures more frequently directed by the impetuous ferocity of their youth, than regulated by the expe- rience and wisdom of their old men. As the condition of man in the savage state is unfavourable to the progress of the understanding, it has a tendency likewise, in some respects, to check the exercise of affection, and to render the heart contracted. The strongest feeling in the mind of a savage is a sense of his own independence. He has sacrificed so small a portion of his natural liberty by becoming a member of society, that he remains, in a great degree, the sole master of his own actions. He often takes his resolutions alone, without con- sulting, or feeling any connexion with the persons around him. In many of his operations, he stands as much detatched from the rest of his species, as if he had formed no union with them. Conscious how little he depends upon other men, he is apt to view them with a careless indifference. Even the force of his mind contributes to increase this uncon- cern; and as he looks not beyond himself in deliber- ating with respect to the part which he should act, his solicitude about the consequences of it seldom extends further. He pursues his own career, and indulges his own fancy, without inquiring or regard- ing whether what he does be agreeable or offensive to others, whether they may derive benefit or receive hurt from it. Hence the ungovernable caprice of savages, their impatience under any species of re- straint, their inability to suppress or moderate any inclination, the scorn or neglect with which they receive advice, their high estimation of themselves, and their contempt of other men. Among them, the pride of independence produces almost the same effects with interestedness in a more advanced state of society ; it refers every thing to a man himself, it leads him to be indifferent about the manner in which his actions may affect other men, and renders the gratification of his own wishes the measure and end of conduct. To the same cause may be imputed the hardness of heart, and insensibility, remarkable in all savage nations. Their minds, roused only fey strong emo- tions, are little susceptible of gentle, delicate, or tender affections. Their union is so incomplete, that each individual acts as if he retained all his natural rights entire and undiminished. If a favour is con- ferred upon him, or any beneficial service is performed on his account, he receives it with much satisfaction, because it contributes to his enjoyment ; but this sentiment extends not beyond himself; it excites no sense of obligation ; he neither feels gratitude nor thinks of making any return. Even among persons the most closely connected, the exchange of those jjood, offices which strengthen attachment, mollify the heart, and sweeten the intercourse of life, is not frequent. The high ideas of independence among the Americans nourish a sullen reserve, which keeps them at a distance from each other. The nearest relations are mutually afraid to make any demand, or to solicit any service, lest it should be consi- dered by the other as imposing a burden, or laying a restraint upon his will. I have already remarked the influence of this hard unfeeling temper upon domestic life, with respect to the connexion between husband and wife, as well as that between parents and children. Its effects are no less conspicuous, in the performance of those mutual offices of tenderness which the infirmities of our nature frequently exact. Among some tribes, when any of their number are seized with any violent disease, they are generally abandoned by all around them, who, careless of their recovery, fly in the utmost consternation from the supposed danger of infection. But even where they are not thus deserted, the cold indifference with which they are attended can afford them little consolation. No look of sympathy, no soothing expressions, no officious ser- vices, contribute to alleviate the distress of the sufferers, or to make them forget what they endure. Their nearest relations will often refuse to submit to the smallest inconveniency, or to part with the least trifle, however much it may tend to their accom- modation or relief. So little is the breast of a savage susceptible of those sentiments which prompt men to that feeling attention which mitigates the calami- ties of human life, that in some provinces of America, the Spaniards have found it necessary to enforce the common duties of humanity by positive laws, and to oblige husbands and wives, parents and children, under severe penalties, to take care of each other during their sickness. The same harsh- ness of temper is still more conspicuous in their treatment of the animal creation. Prior to their intercourse with the people of Europe, the North Americans had some tame dogs, which accompanied them in their hunting excursions, and served them with all the ardour and fidelity peculiar to the spe- cies. But, instead of that fond attachment which the hunter naturally feels towards those useful companions of his toils, they requite their services with neglect, seldom feed, and never caress them. In other provinces the Americans have become acquainted with the domestic animals of Europe, and avail themselves of their service ; but it is univer- sally observed that they always treat them harshly, and never employ any method, either for breaking or managing them, but force and cruelty. In every part of the deportment of man in his savage state, whether towards his equals of the human species, or towards the animals below him, we recognise the same character, and trace the operations of a mind intent on its own gratifications, and regulated by its own caprice, with little attention or sensibility to the sentiments and feelings of the beings around him. After explaining how unfavourable the sarago state is to the cultivation of the understanding and to the improvement of the heart, I should not have thought it necessary to mention what may be deemed its lesser defects, if the character of nations, as well as of individuals, were not often more distinctly marked by circumstances apparently trivial than bf those of greater moment. A savage, frequently placed in situations of danger and distress, depending on himself alone, and wrapped up in his own thoughts and schemes, is a serious melancholy animal, Jiii THE HISTORY OF AMERICA. attention to others is small. The range of his own ideas is narrow. Hence that taciturnity which is so disgusting to men accustomed to the open intercourse of social conversation. When they are not engaged in action, the Americans often sit whole days in one posture, without opening their lips. When they go forth to war, or to the chase, they usually march in a line at some distance from one another, and without exchanging a word. The same profound silence is observed when they row together in a canoe. It is only when they are animated by intoxicating liquors, or roused by the jollity of the festival and dance, that they become gay and conversible. To the same causes may be imputed the refined cunning with which they form and execute their schemes. Men who are not habituated to a liberal communication of their own sentiments and wishes, are apt to be so distrustful, as to place little confi- dence in others, and to have recourse to an insidious craft in accomplishing their own purposes. In civi- lized life, those persons who, by their situations, have but a few objects of pursuit on which their minds incessantly dwell, are most remarkable for low artifice in carrying on their little projects. Among savages, whose views are equally confined, and their attention no Jess persevering, those circumstances must operate still more powerfully, and gradually accustom them to a disingenuous subtilty in all their transactions. The force of this is increased by habits which they acquire in carrying on the two most inter- esting operations wherein they are engaged. With them war is a system of craft, in which they trust for success to stratagem more than to open force, and have their invention continually on the stretch to circumvent and surprise their enemies. As hunters, it is their constant object to insnare, in order that they may destroy. Accordingly, art and cunning have been universally observed as distinguishing characteristics of all savages. The people of the rude tribes of America are remarkable for their artifice and duplicity. Impenetrably secret in form- ing their measures, they pursue them with a patient undeviating attention, and there is no refinement of dissimulation which they cannot employ, in order to insure success. The natives of Peru were engaged above thirty years in concerting the plan of that insurrection which took place under the vice-royalty of the Marquis de Villa Garcia ; and though it was communicated to a great number of persons, in all different ranks, no indication of it ever transpired during that long period ; no man betrayed his trust, or by an unguarded look, or rash word, gave rise to any suspicion of what was intended. The dissimula- tion and craft of individuals is no less remarkable than that of nations. When set upon deceiving, they wrap themselves up so artificially, that it i's impossible to penetrate into their intentions, or to detect their designs. But if there be defects or vices peculiar to the savage state, there are likewise virtues which it inspires, and good qualities, to the exercise of which it is friendly. The bonds of society sit so loose upon the members of the more rude American tribes, that they hardly feel any restraint. Hence the spirit of independence, which is the pride of a savage, and which he considers as the unalienable prerogative of man. Incapable of control, and disdaining to acknowledge any superior, his mind, though limited in its powers, and erring in many of its pursuits, acquires such elevation by the con- sciousness of its own freedom, that he acts on some occasions with astonishing force, and perseverance, and dignity. As independence nourishes this high spirit among savages, the perpetual wars in which they are engaged call it forth into action. Such long inter- vals of tranquillity as are frequent in polished socie- ties, are unknown in the savage state. Their enmities, as I have observed, are implacable and immortal. The valour of the young men is never allowed to rust in inaction. The hatchet is always in their hand, either for attack or defence. Even in their hunting excursions, they must be on their guard against surprise from the hostile tribes by which they are surrounded. Accustomed to continual alarms, they grow familiar with danger ; courage becomes an habitual virtue, resulting naturally from their situa- tion, and strengthened by constant exertions. The mode of displaying fortitude may not be the same in small and rude communities, as in more powerful and civilized states. Their system of war, and stan- dard of valour, may be formed upon different principles, but in no situation does the human mind rise more superior to the sense of danger, or the dread of death, than in its most simple and uncultivated state. Another virtue remarkable among savages, is attachment to the community of which they are members. From the nature of their political union, one might expect this tie to be extremely feeble. But there are circumstances which render the influ- ence, even of their loose mode of association, very powerful. The American tribes are small ; combined against their neighbours, in prosecuting of ancient enmities, or in avenging recent injuries, their interests and operations are neither numerous nor complex. These are objects, which the uncultivated under- standing of a savage can comprehend. His heart is capable of forming connexions which are so little diffused. He assents with warmth to public mea- sures, dictated by passions similar to those which direct his own conduct. Hence the ardour with which individuals undertake the most perilous service, when the community deems it necessary. Hence their fierce and deep-rooted antipathy to the public enemies. Hence their zeal for the honour of their tribe, and that love of their country, which prompts them to brave danger that it may triumph, and to endure the most exquisite torments, without a groan, that it may not be disgraced. Thus, in every situation where a human being can be placed, even in the most unfavourable, there are virtues which peculiarly belong to it ; there are affections which it calls forth ; there is a species of happiness which it yields. Nature, with most bene- ficient intention, conciliates and forms the mind to its condition ; the ideas and wishes of man extend not beyond that state of society to which he is habituated. What it presents as objects of contem- plation or enjoyment, fills and satisfies his mind, and he can hardly conceive any other mode of life to be pleasant, or even tolerable. The Tartar, accus- tomed to roam over extensive plains, and to subsist on the product of his herds, imprecates upon his enemy, as the greatest of all curses, that he may be condemned to reside in one place, and to be nourished with the top of a weed. The rude Americans, fond of their own pursuits, and satisfied with their own lot, are equally unable to comprehend the intention or utility of the various accommodations, which, in more polished society, are deemed essential to the comfort of life. Far from complaining of their awn. situation, or viewing that of men in a more improved state with admiration or envy, they regard themselves. 100 THE HISTORY OF AMERICA. as the standard of excellence, as beings the bes entitled, as well as the most perfectly* qualified, to enjoy real happiness. Unaccustomed to any restrain upon their will or their actions, they behold with amazement the inequality of rank and the subordina tion which takes place in civilized life, and con- sider tihe voluntary submission of one man to another as a renunciation, no less base than unaccoun- table, of the first distinction of humanity. Voic of foresight as well as free from care themselves and delighted with that state of indolent security they wonder at the anxious precautions, the unceas- ing industry, and complicated arrangements o Europeans, in guarding against distant evils, o providing for future wants ; and they often exclairr against their preposterous folly, in thug multiplying the troubles and increasing the labour of life. This preference of their own manners is conspicuoiis on every occasion. Even the names, by which the various nations wish to be distinguished, are assumet from this idea of their own pre-eminence. Th( appellation which the Iroquois give to themselves is the chief of men. Caraibe, the original name of the fierce inhabitants of the Windward Islands, signifies the warlike people. The Cherokee; from an idea o their own superiority, call the Europeans Nothings or the accursed race, and assume to themselves the name of the beloved people. The same principle regulated the notions of the other Americans con- cerning the Europeans ; for although, at first, they were filled with astonishment at their arts, and with dread of their power, they soon came to abate their estimation of men whose maxims of life were so different from their own. Hence they called them the froth of the sea, men without father or mother. They supposed, that either they had no country of their own, and therefore invaded that which belonged to others ; or that, being destitute of the neces- saries of life at home, they were obliged to roam over the ocean, in order to rob such as were more amply provided. Men thus satisfied with their condition, are far from any inclination to relinquish their own habits, or to adopt those of civilized life. The transition is too violent to be suddenly made. Even where endeavours have been used to wean a savage from his own customs, and to render the accommodations of polished society familiar to him ; even where he has been allowed to taste of those pleasures, and has been honoured with those distinctions, which are the chief objects of our desire, he droops and languishes under the restraint of laws and forms, he seizes the first oppoi-tunity of breaking loose from them, and returns with transport to the forest or the wild, where he can enjoy a careless and uncontrolled freedom. Thus I hare finished a laborious delineation of the character and manners of the uncivilized tribes scattered over the vast continent of America. In this, I aspire not at rivalling the great masters who have painted tvnd adorned savage life, either in tool tines* of design, or in the glow and beauty of their colouring. I am satisfied with the more hum- "ble merit of having persisted with patient industry, in Tiftwing my subject in many various lights, and tfollacting from the most accurate observers such detached, and often minute features, as might en- able me to exhibit a portrait that resembles the original. Before I close this part of my work, one observa- tion more is necessary, in order to justify the conclu- sions which I have formed, or to prevent the mistakes into which such as examine them may fall. In con- templating the inhabitants of a country so widely extended as America, great attention should be paid to the diversity of climates under which they are placed. The influence of this I have pointed out with respect to several important particulars which have been the object of research ; but even where it has not been mentioned, it ought not to be overlooked. The provinces of America are of such different temperament, that this alone is sufficient to consti- tute a distinction between their inhabitants. In every part of the earth where man exists, the power of climate operates, *with decisive influence, upon his condition and character. In those countries which approach near to the extremes of heat or cold, this influence is so conspicuous as to strike every eye. Whether we consider man merely as an animal, or as being endowed with rational powers which fit him for activity and speculation, we shall find that he has uniformly attained the greatest perfection of which his nature is capable, in tht temperate regions of the globe. There his consti- tution is most vigorous, his organs most acute, and his form most beautiful. There, too, he possesses a superior extent of capacity, greater fertility of imagination, more enterprising courage, and a sen- sibility of heart which gives birth to desires, not only ardent, but persevering. In this favourite situation he has displayed the utmost efforts of his genius, in literature, in policy, in commerce, ift war, and in all the arts which improve or embellish life. This powerful operation of climate is felt most sensibly by rude nations, and produces greater effects than in societies more improved. The talents of civilized men are continually exerted in render- ing their own condition more comfortable ; and by their ingenuity and inventions, they can, in a great measure, supply the defects, and guard against the inconveniences, of any climate. But the impro- vident savage is affected by every circumstance peculiar to his situation. He takes no precau- tion either to mitigate or improve it. Like a plant, or an animal, he is formed by the climate under which he is placed, and feels the full force of its influence. In surveying the rude nations of America, this natural distinction between the inhabitants of the temperate and torrid zones is very remarkable. They may, accordingly, be divided into two great classes. The one comprehends all the North Americans, from the river St. Laurence to the gulf of Mexico, together with the people of Chili, and a few small tribes towards the extremity of the southern con- tinent. To the other belong all the inhabitants of the islands, and those settled in the various pro- vinces which extend from the isthmus of Darien almost to the southern confines of Brazil, along the east side of the Andes. In the former, which com- prehends all the regions of the tempeiate zone that n America are inhabited, the human species appear manifestly to be more perfect. The natives are more robust, more active, more intelligent, and more cou- rageous. They possess, in the most eminent degree, hat force of mind, and love of independence, which [ have pointed out as the chief virtues of man in his savage state. They have defended their liberty with jersevering foititude against the Europeans, who subdued the other rude nations of America with the reatest ease. The natives of the temperate .zone are the only people in the New World who are in- lebted for their freedom to their own valour, The THE HISTORY OF AMERICA. 101 North Americans, though long encompassed by three formidable European powers, still retain part of their original possessions, and continue to exist as inde- pendent nations. The people of Chili, though early invaded, still maintain a gallant contest with the Spaniards, and have set bounds to their encroach- ments ; whereas, in the warmer regions, men are more feeble in their frame, less vigorous in the efforts of their minds, of a gentle but dastardly spirit, more enslaved by pleasure, and more sunk in indolence. Accordingly, it is in the torrid zone that the Euro- peans have most completely established their dominion over America; the most fertile and desirable pro- vinces in it are subject to their yoke ; and if several tribes there still enjoy independence, it is either because they have never been attacked by an enemy already satiated with conquest, and possessed of larger territories than he was able to occupy, or because they have been saved from oppression by their remote and inaccessible situation. Conspicuous as this distinction may appear between the inhabitants of those different regions, it is not, however, universal. Moral and political causes, as I have formerly observed, affect the disposition and character of individuals, as well as nations, still more powerfully than the influence of climate. There are, accordingly, some tribes in various parts of the torrid zone, possessed of courage, high spirit, and love of independence, in a degree hardly inferior to the natives of more temperate climates. We are too little acquainted with the history of those people, to be able to trace the several circumstances in their progress and condition, to which they are indebted for this remarkable pre-eminence. The fact, neyer- theless, is certain. As early as the first voyage of .Columbus, he received information that several of the islands were inhabited by the Caribbees, a fierce race of men, nowise resembling their feeble and timid neighbours. lu his second expedition to the New World he found this information to be just, and was himself a witness of their intrepid valour (93). The same character they have maintained invariably in all subsequent contests with the people of Europe : and, even inour own times, we have seen them make a gallant stand in defence of the last territory which the rapacity of their invaders had loft in their possession (96). Some nations in Brazil were no less eminent for vigour of mind and bravery in war. The people of the isthmus of Darien boldly met the Spaniards in the field, and frequently repelled those formidable invaders. Other instances might be pro- duced. It is not by attending to any single cause or principle, how powerful and extensive soever its influence may appear, that we can explain the actions, or account for the character of men. Even the law of climate, more universal, perhaps, in its operation than any that affects the human species, cannot be applied, in judging of their conduct without many exceptions. BOOK V. WHEN Grijalva returned to Cuba, [A. D. 1518,] he found the armament destined to attempt the con- quest of that rich country which he had discovered, almost complete. Not only ambition, but avarice, had urged Velasquez to hasten his preparations ; and having such a prospect of gratifying both, he had advanced considerable sums out of his private fortune towards defraying the expences of the expedition. At the same time, he exerted his influence as gover- nor, in engaging the most distinguished persons in the colony to undertake the service (97). At a time when the spirit of the Spanish nation was ad- venturous to excess, a number of soldiers, eager to embark in any daring enterprise, scon appeared. But it was not so easy to find a person qualified to take the command in an expedition of so much im- portance ; and the character of Velasquez, who had the right of nomination, greatly increased the diffi- culty of the choice. Though of most aspiring ambition, and not destitute of talents for government, he possessed neither such courage nor such vigour and activity of mind, as to undertake in person the conduct of the armament which he was preparing. In this embarrassing situation, he formed the chimerical scheme, not only of achieving great exploits by a deputy, but of securing to himself the glory of conquests which were to be made by another. In the execution of this plan he fondly aimed at reconciling contradictions. He was solicit- ous to choose a commander of intrepid resolution, and of superior abilities, because he knew these to be requisite in order to insure success ; but, at the same time, from the jealousy natural to little minds, he wished this person to be of. a spirit so tame and obsequious, as to be entirely dependent on his will. But when he came to apply those ideas in forming an opinion concerning the several officers who occurred to his thoughts as worthy of being intrusted with the command, he soon perceived that it was impos- sible to find such incompatible qualities united in one character. Such as were distinguished for courage and talents were too high-spirited to be passive instruments in his hands. Those who appeared more gentle and tractable were destitute of capacity, and unequal to the charge. This augment- ed his perplexity and his fears. He deliberated "ong, and with much solicitude, and was still wavering in his choice, when Amador de Lares, the royal treasurer in Cuba, and Andres Duero, his own secretary, the two persons in whom he chiefly con- fided, were encouraged by this irresolution to propose a new candidate, and they supported their recommen- dation with such assiduity and address, that, no lest fatally for Velasquez than happily for their country, it proved successful. The man whom they pointed out to him was Fer- nando Cortes. He was born at Medellin, a small town in Estremadura, in the year one thousand four hundred and eighty-five, and descended from a family of noble blood, but of very moderate fortime. Being originally destined by his parents to the study of law, as the most likely method of bettering his condition, he was sent early to the university of Salamanca, where he imbibed some tincture of learn- ing. But he was soon disgusted with an academic life, which did not suit his ardent and restless genius, and retired to Medellin, where he gave himself up entirely to active sports and martial exercises. At this period of life, he was so impetuous, so overbear- ing, and so dissipated, that his father was glad to comply with his inclination, and send him abroad as an adventurer in arms. There were in that age two conspicuous theatres, on which such of the Spanish youth as courted military glory might display their valour ; one in Italy, under the command of the great captain ; the other in the New World. Cortes pre- ferred the former, but was prevented by indisposition from embarking with a reinforcement of troops sent to Naples. Upon this disappointment he turned hig views towards America, whither he was allured by 102 THE HISTORY OF AMERICA. 4he prospect of the advantages which he might derive .from the patronage of Ovando (98), the governor of Hispaniola, who was his kinsman. When he landed at St. Domingo in one thousand five hundred and four, his reception was such as equalled his most sanguine hopes, and he was employed by the gover- nor in several honourable and lucrative stations. These, however, did not satisfy his ambition; and in the year one thousand five hundred and eleven he obtained permission to accompany Diego Velasquez in his expedition to Cuba. In this service he distin- guished himself so much, that notwithstanding some violent contests with Velasquez, occasioned by trivial events unworthy of remembrance, he was at length taken into favour, and received an ample concession of lands and of Indians, the recompence usually bestowed upon adventurers in the New World. Though Cortes had not hitherto acted in high command, he had displayed such qualities in several scenes of difficulty and danger, as raised universal expectation, and turned the eyes of his countrymen towards him, as one capable of performing great things. The turbulence of youth, as soon as he found objects and occupations suited to the ardour of his mind, gradually subsided, and settled into a habit of regular indefatigable activity. The impetuosity of his temper, when he came to act with his equals, insensibly abated, by being kept under restraint, aud mellowed into a cordial soldierly frankness. These qualities were accompanied with calm prudence in concerting his schemes, with persevering vigour in executing them, and with what is peculiar to superior genius, the art of gaining the confidence and govern- ing the minds of men. To all which were added the inferior accomplishments that strike the vulgar, and command their respect ; a graceful person, a winning aspect, extraordinary address in martial exercises, and a constitution of such vigour as to be capable of enduring any fatigue. As soon as Cortes was mentioned to Velasquez by his two confidants, he flattered himself that he had at length found what he had hitherto sought in vain, a man with talents for command, but not an object for jealousy. Neither the rank nor the fortune of Cortes, as he imagined, were such that he could aspire at independence. He had reason to believe that by his own readiness to bury ancient animosities in oblivion, as well as his liberality in conferring several recent favours, he had already gained the good-Avill of Cortes, and hoped, by this new and unexpected mark of confidence, that he might attach him for ever to his interest. Cortes, receiving his commission with the warmest expressions of respect and gratitude to the governor, immediately erected his standard before his own house, appeared in a military dress, and assumed all the ensigns of his new dignity. His utmost influence and activity were exerted in persuading many of his friends to engage in the service, and in urging forward the preparations for the voyage. All his own funds, together with what money he could raise by mortgaging his lands and Indians, were expended in purchasing military stores and provisions, or in supplying the wants of such of his officers as were unable to equip themselves in a manner suited to their rank (99). Inoffensive, and even laudable as this conduct was, his dissappointed competitors were malicious enough to give it a turn to his disadvan- tage. They represented him as aiming already, with little disguise, at establishing an independent autho- rity over his troops, and endeavouring to secure their respect or love by his ostentatious and interested liberality. They reminded Velasquez of his former dissensions with the man in whom he now reposed so much confidence, and foretold that Cortes would be more apt to avail himself of the power which the governor was inconsiderately putting in his hands, to avenge past injuries, than to requite recent obliga- tions. These insinuations made such impression upon the suspicious mind of Velasquez, that Cortes soon observed some symptoms of a growing alienation and distrust in his behaviour, and was advised by Lares and Duero to hasten his departure, before these should become so confirmed as to break out with open violence. Fully sensible of this danger, he urged forward his preparations with such rapidity, that he set sail from St. Jago de Cuba on the eigh- teenth of November, Velasquez accompanying him to the shore, and taking leave of him with an appearance of perfect friendship and confidence, though he had secretly given it in charge to some of Cortes' officers, to keep a watchful eye upon every part of their commander's conduct. Cortes proceeded to Trinidad, a small settlement on the same side of the island, whore he was joined by several adventurers, and received a supply of pro- visions and military stores, of which his stock was still very incomplete. He had hardly left St. Jago, when the jealousy which had been working in the breast of Velasquez grew to violent, that it was im- possible to suppress it. The armament was no longer under his own eye and direction : and he felt, that as his power over it ceased, that of C".>rtrs would become more absolute. Imagination now aggravated every circumstance which had formTly excited suspicion; the rivals of Cortes industriously threw in reflections which increased his fears ; and with no less art than malice they called superstition to their aid, employing the predictions of an astro- loger in order to complete the alarm. All these, by their united operation, produced the desired effect. Velasquez repented bitterly of his own imprudence, in having committed a trust of so much importance to a person whose fidelity appeared so doubtful, and hastily despatched instructions to Trinidad, empower- ing Verdugo, the chief magistrate there, to deprive Cortes of his commission. But Cortes had already made such progress in gaining the esteem and confi- dence of his troops, that finding officers as well as soldiers equally zealous to support his authority, he soothed or intimidated Verdugo, and was ppr- mitted to depart from Trinidad without molestation. From Trinidad Cortes sailed for the Havana, in order to raise more soldiers, and to complete the victualling of his fleet. There several persons of dis- tinction entered into the service, and engaged to supply what provisions were still wanting ; but as it was necessary to allow them some time for performing what they had promised, Velasquez, sensible that ho ought no longer to rely on a man of whom he had so openly discovered his distrust, avai'ed himself of the interval which this unavoidable delay afforded, in order to make one attempt more to wrest the com- mand out of the hands of Cortes. He loudly com- plained of Verdugo's conduct, accusing him either of childish facility, or of manifest treachery, in suffering Cortes to escape from Trinidad. Anxious to guard against a second disappointment, he sent a person of confidence to the Havana, with peremptory injunc- tions to Pedro Barba, his lieutenant-governor in that colony, instantly to arrest Cortes, to send him pri- soner to St. Jago under a strong guard, and to countermand the sailing of the armament until he should receive further orders. He wrote likewise to THE HISTORY OF AMERICA. 103 the principal officers, requiring them to assist Barha in executing what he had given him in charge. But before the ariival of this messenger, a Franciscan friar of St. Jago had secretly conveyed an account of this interesting transaction to Bartholomew de Olme- do, a monk of the same order, who acted as chaplain to the expedition. Cortes, forewarned of the danger, had time to take i precautions for his own safety. His first step was to , find some pretext for removing from the Havana, Diego de Ordaz, an officer of great merit, but in whom, on account of his known attachment to Velas- quez, he could not confide in this trying and delicate juncture. He gave him the command of a vessel, j destined to take on board some provisions in a small harbour beyond cape Antonio, and thus made sure of his absence, without seeming to suspect his fidelity. When he was gone, Cortes no longer concealed the intentions of Velasquex from his troops ; and as offi- cers and soldiers were equally impatient to set out on an expedition, in preparing for which most of them had expended all their fortunes, they expressed their astonishment and indignation at that illiberal jealousy, to which the governor was about to sacri- fice, not only the honour of their general, but all their sanguine hopes of glory and wealth. With one voice they entreated that he would not abandon the important station to which he had such a good title. They conjured him not to deprive them of a leader whom they followed with such well-founded confi- dence, and 'offered to shed the last drcp of their blood in maintaining his authority. Cortes was easily induced to comply with what he himself so ar- dently desired. He swore that he would never desert soldiers who had given him such a signal proof of their attachment, and promised instantly to con- duct them to that rich country, which had been so long the object of their thoughts and wishes. This declaration was received with transports of military applause, accompanied with threats and imprecations against all who should presume to call in question the jurisdiction of their general, or to obstruct the execution of his designs. Every thing was now ready for their departure ; but though this expedition was fitted out by the united efforts of the Spanish power in Cuba ; though every settlement had contributed its quota of men and provisions ; though the governor had laid out consi- derable sums, and each adventurer had exhausted his stock or strained his credit, the poverty of the preparations was such, as must astonish the present age, and bore, indeed, no resemblance to an arma- ment destined for the conquest of a great empire. The fleet consisted of eleven vessels ; the largest of a hundred tons, which was dignified by the name of admiral ; three of seventy or eighty tons, and the rest small open barks. On board of these were six hun- dred and seventeen men ; of which five hundred and eight belonged to the land service, and a hundred and nine were seamen or artificers. The soldiers were divided into eleven companies, according to the num- ber of the ships : to each of which Cortes appointed a captain, and committed to him the command of the vessel while at sea, and of the men when on shore (100). As the use of fire-arms among the nations of Europe was hitherto confined to a few battalions of regularly disciplined infantry, only thirteen soldiers were armed with muskets, thirty-two were cross- bowmen, and the rest had swords and spears. In- stead of the usual defensive armour, which must have been cumbersome in a hot climate, the soldiers jket quilted, with, cotton, which experience had taught the Spaniards to be a sufficient protection against the weapons of the Americans. They had only sixteen horses, ten small field pieces, and four falconets. [A. D. 1519, Feb. 10.] With this slender and ill- provided train did Cortes set sail, to make war upon a monarch M'hose dominions were more extensive than all the kingdoms subject to the Spanish crown. As religious enthusiasm always mingled with the spirit of adventure in the New World, and, by a combina- tion still more strange, united with avarice, in prompting the Spaniards to all their enterprises, a large cross was displayed in their standards, with this inscription, Let us follow the cross, for under this sign ice shall conquer. So powerfully were Cortes and his followers ani- mated with both these passions, that no less eager to plunder the opulent country whither they were bound, than zealous to propagate the Christian faith among its inhabitants, they set out, not with the solicitude natural to men going npon dangerous services, but, with that confidence which arises from security of success, and certainty of the divine protection. As Cortes had determined to touch at every plac* which Grijaiva had visited, he steered directly towards the island of Cozumel; there he had the good for- tune to redeem Jerome de Aguilar, a Spaniard, who had been eight years a prisoner among the Indians. This man was perfectly acquainted with a dialect of their language, understood through a large extent ofT country, and possessing besides a considerable share of prudence and sagacity, proved extremely useful as an interpreter. From Cozumel, Cortes proceeded to the river of Tabasco, [March 4,] in hopes of a re- ception as friendly as Grijaiva had met with there, and of finding gold in the same abundance ; but the disposition of the natives from some unknown cause r was totally changed. After repeated endeavours to conciliate their good-will, he was constrained to have recourse to violence. Though the forces of the enemy were numerous, and advanced with extraordinary courage, they were routed with great slaughter, in several successive actions. The loss which they sus- tained, and still more the astonishment and terror excited by the destructive effect of the fire-arms, and the dreadful appearance of the horses, humbled their fierce spirits, and induced them to sue for peace. They acknowledged the king of Castile as their sove- reign, and granted Cortes a supply of provisions, with a present of cotton garments, some gold, and twenty female slaves (101). Cortes continued his course to the westward, keep- ing as near the shore as possible, in order to observo the country ; but could discover no proper place for landing, until he arrived at St. Juan de Ulua. [April 2.] As he entered this harbour, a large canoe full of people, among whom were two who seemed to be persons of distinction, approached his ship with signs of peace and amity. They came on board without fear or distrust, and addressed him in a most respectful manner, but in a language altogether un- known to Aguilar. Cortes was in the utmost perplex- ity and distress, at an event of which he instantly foresaw all the consequences, and already felt the hesitation and uncertainty with which he should carry on the great schemes which he meditated, if, in his transactions with the natives, he must depend entirely upon such an imperfect, ambiguous, and conjectural mode of communication* as the use of signs. But he did not remain long in his embarrassing situation; a fortunate accident extricated him, when his own sagacity could have contributed little towards his 104 THE HISTORY OP AMERICA. relief. One of the female slaves, whom he had re- ceived from the cazique of Tabasco, happened to be present at the first interview between Cortes and his new guests. She perceived his distress, as well as the confusion of Aguilar ; and as she perfectly un- derstood the Mexican language, she explained what they had said in the Yucatan tongue, with which Aguilar was acquainted. This woman, known after- wards by the name of Donna Marina, and who makes a conspicuous figure in the history of the New World, where great revolutions were brought about by small causes and inconsiderable instruments, was born in one of the provinces of the Mexican empire. Having been sold as a slave in the early part of her life, after a variety of adventures she fell into the hands of the Tabascans, and had resided long enough among them to acquire their language, without losing the use of her own. Though it was both tedious and trouble- some to converse by the intervention of two different interpreters, Cortes was so highly pleased with hav- ing discovered this method of carrying on some inter- course with the people of a country into which he was determined to penetrate, that in the transports of his joy he considered it as a visible interposition of Pro- vidence in his favour. He now learned, that the two persons whom he had received on board of his ship were deputies from Teutile and Pilpatoe, two officers intrusted with the government of that province, by a great monarch, whom they called Montezuma ; and that they were sent to inquire what his intentions were in visiting their coast, and to offer him what assistance he might need, in order to continue his voyage. Cortes, struck with the appearance of those people, as well as the tenor of the message, assured them, in respectful terms, that he approached their country with most friendly sen- timents, and came to propose matters of great importance to the welfare of their prince and his kingdom, which he would unfold more fully, in person to the governor and the general. Next morning, without waiting 'for any answer, he landed his troops, his horses, and artillery ; and having chosen proper ground, began to erect huts for his men and to fortify his camp. The natives, instead of opposing the entrance of those fatal guests into their country, assisted them in all their operations, with an alacrity of which they had ere long good reason to repent. Next day Teutile and Pilpatoe entered the Spanish camp with a numerous retinue, and Cortes consider- ing them as the ministers of a great monarch, entitled to a degree of attention very different from that which the Spaniards were accustomed to pay the petty caziques with whom they had intercourse in the isl^s, received them with much formal ceremony. He informed them, that he came as ambassador from Don Carlos of Austria, king of Castile, the greatest monarch of the east, and was intrusted with propositions of such moment, that he could impart them to none but the emperor Montezuma himself, and therefore required them to conduct him, without loss of time, into the presence of their master. The Mexican officers could not conceal their uneasiness at a request, which they knew would be disagreeable, and which they foresaw might prove extremely embarrassing to their sove- reign, whose mind had been filled with many- disquieting apprehensions, ever since the former appearance of the Spaniards on his coasts. But before they attempted to dissuade Cortes from insisting on this demand, they endeavoured to conciliate his good- v/ill, by entreating him to accept of certain presents, which, as humble slaves of Montezuma, they laid at his feet. They were introduced with great parade, and consisted of fine cotton cloth, of plumes of various colours, and of ornaments of gold and silver to a considerable value ; the workmanship of which appeared to be as curious as the materials were rich. The display of these produced an effect very different from what the Mexicans intended. Instead of satis- fying it increased the avidity of the Spaniards, and rendered them so eager and impatient to become masters of a country which abounde I with such precious productions, that Cortes could hardly listen with patience to the arguments which Pilpatoe and Teutile employed to dissuade him from visiting the capital, and in a haughty determined tone he insisted on his demand, of being admitted to a personal audience of their sovereign. During this interview, some painters, in the train of the Mexican chiefs, had been diligently employed in delineating, upon white cotton cloths, figures of the ships, the horses, the artillery, the soldiers, and whatever else attracted their eyes as singular. When Cortes observed this, and wasinformed that these pictures were to be sent to Montezuma, in order to convey to him a more lively idea of the strange and wonderful objects now pre- sented to their view, than any words could commu- nicate, he resolved to render the representation still more animating and interesting, by exhibiting such a spectacle as might give both them and their monarch an awful impression of the extraordir prowess of his followers, and the irresistible of their arms. The trumpets, by his order, an alarm ; the troops, in a moment, formed hi of battle, the infantry performed such martial exer- cises as were best suited to display the effect of their different weapons ; the horses, in various evolu- tions, gave a specimen of their agility and strength ; the artillery pointed towards the thick woods which surrounded the camp, were fired, and made dread- ful havoc among the trees. The Mexicans looked on with that silent amazement which is natural when the mind is struck with objects, which are both awful and above its comprehension. But, at the explosion of the cannon, many of them fled, some fell to the ground, and all were so much con- founded at the sight of men whose power so nearly resembled that of the gods, that Cortes found it difficult to compose and re-assure them. The painters had now many new objects on which to exercise their art, and they put their fancy on the stretch in order to invent figures and symbols to represent the extraordinary things which they had seen. Messengers were immediately despatched to Mon- tezuma with those pictures, and a full account of every thing that had passed since the arrival of the Spaniards, and by them Cortes sent a present of some European curiosities to Montezuma, which, though of no great value, he believed would be acceptable on account of their novelty. The Mexican monarchs, in order to obtain early information of every occurrence in all the corners of their extensive empire, had introduced a refinement in police, unknown, at that time, in Europe. They had cou- riers posted at proper stations along the principal roads ; and as these were trained to agility by a regular education, and relieved one another at moderate distances, they conveyed intelligence with surprising rapidity. Though the capital in which Montezuma resided was above an hundred and eighty miles from Juan de Ulna, Cortes's presents were carried thither, and an. answer to his demands was received in a THE HISTORY OP AMERICA. 105- few days. The same "officers who had hitherto treated with the Spaniards, were employed to deliver this answer ; but as they knew how repugnant the determination of their masters was to all the schemes and wishes of the Spanish commander, they would not venture to make it known until they had pre- viously endeavoured to soothe and mollify him. For this purpose they renewed their negociation, by intro- ducing a train of a hundred Indians, loaded with presents sent to him by Montezuma. The magnifi- cence of these was such as became a great monarch, and far exceeded any idea which the Spaniards had hitherto formed of his wealth. They were placed on mats spread on the ground, in such order as showed them to the greatest advantage. Cortes and his officers viewed, with admiration, the various manu- factures of the country ; cotton stuffs so fine, and of such delicate texture, as to resemble silk ; pictures of animals, trees, and other natural objects, formed with feathers, of different colours, disposed and mingled with such skill and elegance, as to rival the work of the pencil in truth and beauty of imitation. But what chiefly attracted their eyes, were two large plates of a circular form, one of massive gold represent- ing the sun, the other of silver, an emblem of the moon (152.) These were accompanied \vith bracelets, collars, rings, and other trinkets of gold ; and, that nothing might be wanting which could give the Spat nurds a complete idea of what the country af- fi.rdfd, with some boxes filled with pearls, precious si ones, and grains of gold unwrought, as they had IHVU found in the mines or rivers. Cortes received all these with an appearance of profound veneration for the monarch by whom they were bestowed, But when the Mexicans, presuming upon this, informed him, that their master, though he desired him to accept of what he had sent as a token of regard f ( >r that monarch whom Cortes represented, would not give his consent that foreign troops should approach nearer to his capital, or even allow them to continue longer in his dominions, the Spanish general declared, in ;v manner more resolute and peremptory than formerly, that he must insist on his first demand, as he could not, without dishonour, return to his own country, until he was admitted into the presence of the prince whom he was appointed to visit in the name of his sovereign. The Mexicans, astonished at seeing any man dare to oppose that will, which they were accus- tomed to consider as supreme and irresistible, yet afraid of precipitating their country into an open rupture with such formidable enemies, prevailed with Cortes to promise, that he would not move from his present camp, until the return of a messenger whom they sent to Montezuma for further instructions. The firmness with which Cortes adhered to his original proposal, should naturally have brought the negociation between him and Montezuma to a speedy issue, as it seemed to leave the Mexican monarch no choice, but either to receive him with confidence as a friend, or to oppose him ogenly as an enemy. The latter was what might have been expected from a haughty prince in possession of extensive power. The Mexican empire, at this period, was at a pitch of grandeur to which no society ever attained in so short a period. Though it had subsisted, according to their own traditions, only a hundred and thirty years, its dominion extended from the North to the South sea, over territories stretching, with some small interruption, above five hundred leagues from east to west, and more than two hundred from north to south, comprehending provinces, not inferior in fertility, population, and opulence, to any in the HISTORY OF AMERICA, No. 14. torrid zone. The people were warlike and enterpris- ing, the authority of the monarch unbounded, and. his revenues considerable. If, with the forces which might have been suddenly assembled in such an empire, Montezuma had fallen upon the Spaniards while encamped on a barren unhealthy coast, unsup- ported by any ally, without a place of retreat, and destitute of provisions, it seems to be impossible, even with all the advantages of their superior disci- pline and arms, that they could have stood the shock, and they must either have perished in such an un- equal contest, or have abandoned the enterprise. As the power of Montezuma enabled him to take this spirited part, his own dispositions were such as seemed naturally to prompt him to it. Of all tha princes who had swayed the Mexican sceptre, he was the most haughty, the most violent, and the most impatient of control. His subjects looked up to him with awe, and his enemies with terror. The former he governed with unexampled rigour ; but they were impressed with such an opinion of his capacity, as commanded their respect ; and, by many victories over the latter, he had spread far the dread of his arms, and had added several considerable provinces to his dominions. But though his talents might be suited to the transactions of a state so imperfectly polished as the Mexican empire, and sufficient to conduct them while in their accustomed course, they were altogether inadequate to a conjuncture so extra- ordinary, and did not qualify him either to judge with the discernment, or to act with the decision requisite in such a trying emergence. From the moment that the Spaniards appeared on his coast, he discovered symptoms of timidity and embarrassment. Instead of taking such resolutions as the consciousness of his own power, or the memory of his former exploits, might have inspired, he deli- berated with an anxiety and hesitation which did not escape the notice of his meanest courtiers, The perplexity and discomposure of Montezuma' s mind upon this occasion, as well the general dismay of his subjects, were not owing wholly to the impression which the Spaniards had made by the novelty of their appearance and the terror of their ^arms. Its origin may be traced up to a more remote source. There was an opinion, if we may believe the earliest and most authentic Spanish historians, almost universal among the Americans, that some dreadful calamity was impending over their heads, from a race of formi- dable invaders, who should come from regions towards the rising sun, to overrun and desolate their country. Whether this disquieting apprehension flowed from the memory of some natural calamity which had afflicted that part of the globe, and impressed the minds of the inhabitants with superstitious fears and forebodings, or whether it was an imagination acci- dentally suggested by the astonishment which the first sight of a new race of men occasioned, it is impossi- ble to determine. But as the Mexicans were more prone to superstition than any people in the New World, they were more deeply affected by the appear- ance of the Spaniards, whom their credulity instantly represented as the instruments destined to bring about this fatal revolution which they dreaded. Under those circumstances, it ceases to be incredible that a handful of adventurers should alarm the monarch of a great empire, and all his subjects. Notwithstanding the influence of this impression, when the messenger arrived from the Spanish camp with an account that the leader of the strangers, ad- hering to his original demand, refused to obey tho order enjoining him to leave the country, Montezuma 106 THE HISTORY OF AMERICA. assumed some degree of resolution, and, in a trans- port of rage natural to a fierce prince unaccustomed to meet with any opposition to his will, he threatened to sacrifice those presumptuous men to his gods. But his doubts and fears quickly returned, and instead of issuing orders to carry his threats into execution, he again called his ministers to confer and offer their advice. Feeble and temporizing measures will always le the result when men assemble to deliberate in a situation where they ought to act. The Mexican counsellors took no effectual measure for expelling such troublesome intruders, and were satisfied with issuing a more positive injunction, requiring them to leave the country ; but this they preposterously ac- companied with a present of such value, as proved a fresh inducement to remain there. Meanwhile, the Spaniards were not without solici- tude, or a variety of sentiments, in deliberating con- cerning their own future conduct. From what they had already seen, many of them formed such ex- travagant ideas concerning the opulence of the country, that, despising danger % or hardships, when they had in view treasures which appeared to be in- exhaustible, they were eager to attempt the conquest. Others, estimating the power of the Mexican empire by its wealth, and enumerating the various proofs which had occurred of its being under a well-regulated administration, contended that it would be an act of the wildest phrensy to attack such a state with a small body of men, in want of provisions, unconnected with any ally, and already enfeebled by the diseases pecu- liar to the climate, and the loss of several of their number. Cortes secretly applauded the advocates for bold measures, and cherished their romantic hopes, as such ideas corresponded with his own, and favoured the execution of the schemes which he had formed. From the time that the suspicions of Velasquez broke out with open violence in the attempts to deprive him of the command, Cortes saw the necessity of dissolving a connexion which would obstruct and embarrass all his operations, and watched for a proper opportunity of coming to a final rupture with him. Having this in view, he had laboured by every art to secure the esteem and affection of his soldiers. With his abi- lities for command, it was easy to gain their esteem ; and his followers were quickly satisfied that they might rely, with perfect confidence, on the conduct and courage of their leader. Nor was it more difficult to acquire their affection. Among adventurers nearly of the same rank, and serving at their own expense, the dignity of command did not elevate a general above mingling with those who acted under .him. Cortes availed himself of this freedom of intercourse, to insinuate himself into their favour, and by his affable manners, by well-timed acts of liberality to some, by inspiring all with vast hopes, and by allow- ing them to trade privately with the natives (103), he attached the greater part of his soldiers so firmly to himself, that they almost forgot that the armament had been fitted out by the authority and at the expense of another. During those intrigues, Teutile arrived with the present from Montezuma, and, together with it, de- livered the ultimate order of that monarch to depart instantly out of his dominions ; and when Cortes, instead of complying, renewed his request of an au- dience, the Mexican turned from him abruptly, and quitted the camp with looks and gestures which strongly expressed his surprise and resentment. Next morning, none of the natives who used to frequent the camp in great numbers, in order to barter with the soldiers and, to bring in provisions, appeared. All friendly correspondence seemed now to be at an end, and it was expected every moment that hostilities would commence. This, though an event that might have been foreseen, occasioned a sudden consternation among the Spaniards, which emboldened the adhe- rents of Velasquez not only to murmur and cabal against their general, but to appoint one of their number to remonstrate openly against his imprudence in attempting the conquest of a mighty empire with such inadequate force, and to urge the necessity of returning to Cuba, in order to refit the fleet and aug- ment the army. Diego de Ordaz, one of his principal officers, whom the malcontents charged with this commission, delivered it with a soldierly freedom and bluntness, assuring Cortes that he spoke the senti- ment of the whole army. He listened to this remon- strance without any appearance of emotion, and as he well knew the temper and wishes of his soldiers, and foresaw how they would receive a proposition fatal at once to all the splendid hopes and schemes which they had been forming with such complacency, he carried his dissimulation so far as to seem to relinquish his own measures in compliance with the request of Ordaz, and issued orders that the army should be in readiness next day to re-embark for Cuba. As soon as this was known, the disappointed adventurers ex- claimed and threatened ; the emissaries of Cortes, mingling with them, inflamed their rage ; the ferment became general ; the whole camp was almost in open mutiny ; all demanding with eagerness to see their commander. Cortes was not slow in appearing ; when, with one voice, officers and soldiers expressed their astonishment and indignation at the orders which they had received. It was unworthy, they cried, of the Castilian courage, to be daunted at the first as- pect of danger, and infamous to fly before any enemy appeared. For their parts they were determined not to relinquish an enterprise that had hitherto been successful, and which tended so visibly to spread the knowledge of true religion, and to advance the glory and interest of their country. Happy under his com- mand, they would follow him with alacrity through every danger, in quest of those settlements and trea- sures which he had so long held out to their view ; but if he chose rather to return to Cuba, and tamely give up all his hopes of distinction and opulence to an envious rival, they would instantly choose another general to conduct them in that path of glory which he had not spirit to enter. Cortes, delighted with their ardour, took no offence at the boldness with which it was uttered. The sen- timents were what he himself had inspired, and the warmth of expression satisfied him that his followers had imbibed them thoroughly. He affected, however, to be surprised at what he heard, declaring that his orders to prepare for embarking were issued from a persuasion that this was agreeable to his troops ; that, from deference to what_ he had been informed was their inclination, he had sacrificed his own pri- vate opinion, which was firmly bent on establishing immediately a settlement on the sea-coast, and then on endeavouring to penetrate into the interior part of the country ; that now he was convinced of his error ; and as he perceived that they were animated with the generous spirit which breathed in every true Spa- niard, he would resume with fresh ardour, his original plan of operation, and doubted not to conduct them, in the career of victor}', to such independent fortunes as their valour merited. Upon this declaration, shouts of applause testified the excess of their joy. The measure seemed to be taken with unanimous consent ; such as secretly condemned it being obliged, to join in THE HISTORY OP AMERICA, ior the acclamations, partly to conceal their disaffectio from their general, and partly to avoid the imputatio of cowardice from their fellow-soldiers. Without allowing his men time to cool or to reflect Cortes set about carrying his design into execution In order to give a beginning to a colony, he assemble( the principal persons in his army, and by their suf- frage elected a council and magistrates, in whom the government was to be vested. As men naturall; transplant the institutions and forms of the mother country into their new settlements, this was framec upon the model of a Spanish corporation. The ma- gistrates were distinguished by the same names and ensigns of office, and were to exercise a similar juris- diction. All the persons chosen were most firmly devoted to Cortes, and the instrument of their elec- tion was framed in the king's name, without any mention of their dependence on Velasquez. The two principles of avarice and enthusiasm, which prompted the Spaniards to all their enterprires in the New World, seem to have concurred in suggesting the name which Cortes bestowed on his infant settlement. He called it, The rich town of the true Cross.. The first meeting of the new council was distin- guished by a transaction of great moment. As soon as it assembled, Cortes applied for leave to enter; and approaching with many marks of profound respect, which added dignity to the tribunal, and set an example of reverence for its authority, he began a long harangue, in which, with much art, and in terms extremely flattering to persons just entering upon their new function, he observed, that as the supreme jurisdiction over the colony which they had planted was now vested in this court, he considered them as clothed with the authority, and representing the per son of their sovereign ; that accordingly he would communicate to them what he deemed essential to the public safety, with the same dutiful fidelity as if he were addressing his royal master ; that the security of a colony settled in a great empire, whose sovereign had already discovered his hostile intentions, depended upon arms, and the efficacy of these upon the subor- dination and discipline preserved among the troops ; that his right to command was derived from a com- mission granted by the governor of Cuba ; and as that had been long since revoked, the lawfulness of his jurisdiction might well be questioned ; that he might be thought to act upon a defective, or even a dubious, title ; nor could they trust an army which might dis- pute the powers of its general, at a juncture when it ought implicitly to obey his orders ; that, moved by these considerations, he now resigned all his autho- rity to them, that they, having both right to choose, and power to confer full jurisdiction, might appoint one in the king's name, to command the army in its future operations ; and as for his own part, such was his zeal for the service in which they were engaged, that he would most cheerfully take up a pike with the same hand that laid down the general's truncheon, and convince his fellow-soldiers, that though accus- tomed to command, he had not forgotten how to obey. Having finished his discourse, he laid the commission from Velasquez upon the table, and after kissing his truncheon, delivered it to the chief magistrate and withdrew. The deliberations of the council were not long, as Cortes had concerted this important measure with his confidants, and had prepared the other members with great address, for the part which he wished them to take. His resignation was accepted; and as the uninterrupted tenor of their prosperity under his conduct afforded the most satisfying evidence of his abilities for command, they, by their unanimous suffrage, sleeted him chief-justice of the colony, and captain-general of its army, and appointed his com- mission to be made out in the king's name, with most ample powers, which were to continue in force until 'the royal pleasure should be further known. That this deed might not be deemed the machination of a junto, the [council called together the troops, and acquainted them with what had been resolved. The soldiers, with eager applause, ratified the choice which the council had made ; the air resounded with the name of Cortes, and all vowed to shed their blood in support of his authority. Cortes having now brought his intrigues to the desired issue, and shaken off his mortifying depen- dence on the govenor of Cuba, accepted of the com- mission which vested in him supreme jurisdiction, civil as well as military, over the colony, with many professions of respect to the council, and gratitude to the army. Together with his new command, he as- sumed greater dignity, and began to exercise more extensive powers. Formerly he had felt himself to be only the deputy of a subject ; now he acted as the re- presentative of his sovereign. The adherents of Velasquez, fully aware of whaj; would be the effect of this change in the situation of Cortes, could no longer continue silent and passive spectators of his actions. They exclaimed openly against the proceedings of the council as illegal, and against those of the army as mutinous. Cortes, instantly perceiving the necessity of giving a timely check to such sedi- tious discourse by some vigorous measure, arrested Ordaz, Escudero, and Velasquez de Leon, the ring- leaders of this faction, and sent them prisoners aboard the fleet, loaded with chains. Their dependants, astonished and overawed, remained quiet ; and Cortes, more desirous to reclaim than to punish his prisoners, who were officers of great merit, courted their friendship with such assiduity and address, that the reconciliation was perfectly cordial ; and on the most trying occasions, neither their connexion with the governor of Cuba, nor the memory of the indignity with which they had been treated, tempted them to swerve from an inviolable attachment to his interest. In this as well as his other negociations at this cri- tical conjuncture, which decided with respect to his \iture fame and fortune, Cortes owed much of his success to the Mexican gold, which he distributed with a liberal hand both among his friends and his pponents. Cortes, having thus rendered the union between limself and his army indissoluble, by engaging it to oin him in disclaiming any dependence on the gover- nor of Cuba, and in the repeated acts of disobedience to his authority, thought he might now venture to quit the camp in which he had hitherto remained, and advance into the country. To this he was en- couraged by an event no less fortunate than season- ,ble. Some Indians having approached his camp in a mysterious manner, were introduced into his pre- ence. He found that they were sent with a proffer of riendship from the cazique of Zempoalla, a consider- able town at no great distance ; and from their answers o a variety of questions which he put to them, ac- :ording to his usual practice in every interview with he people of the country, he gathered, that their master, though subject to the Mexican empire, was mpatient of the yoke, and filled with such dread and latred of Montezuma, that nothing could be more cceptable to him than any prospect of deliverance rom the oppression under which he groaned. On .earing this, a ray of light and hope broke in upojx ios THE HISTORY OF AMEB10A. the mind of Cortes. Ho saw that the great empire which he intended to attack was neither perfectly united, nor its sovereign universally beloved. He concluded, that the causes of disaffection could not be confined to one province ; but that in other corners there must be malcontents, so weary of subjection, or so desirous of change, as to be ready to follow the standard of any protector. Full of those ideas, oh which he began to form a scheme, that time, and more perfect information concerning the state of the country, enabled him to mature, he gave a most gracious reception to the Zempoallans, and promised soon to visit their cazique. In order to perform this promise, it was not neces- sary to vary the route which he had already fixed for his march. Some officers, whom he had employed to survey the coast, having discovered a village named Quiabislan, about forty miles to the northward, which both on account of the fertility of the soil and commodioushess of the harbour, seemed to be a more proper station for a settlement than that where he was encamped, Cortes determined to remove thither. Zempoalla lay in his way, where the cazique received him in the manner which he had reason to expect with gifts and caresses, like a man solicitous to gain his good-will ; with respect approaching almost to adoration, like one who looked up to him as a de- liverer. From him he learned many particulars with respect to the character of Montezuma, and the cir- cumstances which rendered his dominion odious. He was a tyrant, as the cazique told him with tears, haughty, cruel, and suspicious ; who treated his own subjects with arrogance, ruined the conquered pro- vinces by excessive exactions, and often tore their sons and daughters from them by violence ; the former to be offered as victims to his gods ; the latter, to be reserved as concubines for himself or favourites. Cortes, in reply to him, artfully insinuated, that one great object of the Spaniards in visiting a country so remote from their own, was to redress grievances, and to relieve the distressed ; and having encouraged him to hope for this interposition in due time, he continued his march to Quiabislan. The spot which his officers had recommended as a proper situation, appeared to him to be so well chosen, that he immediately marked out ground for a J town. The houses to be erected were only huts ; but these were to be surrounded with fortifications, of sufficient strength to resist the assaults of an Indian army. As the finishing of those fortifications was essential to the existence of a colony, and of no less importance in prosecuting the designs which the leader and his followers meditated, both in order to secure a place of retreat, and to preserve their communication with the sea, every man in the army, officers as well as Soldiers, put his hand to the work, Cortes himself setting them an example of activity and perseverance in labour. The Indians of Zempballa and Quiabislan lent their aid ; and this petty station, the parent of so many mighty settlements, was soon in a state of defence. IVhile engaged in this necessary work, Cortes had several interviews with the caziques of Zempoalla and Quiabislan ; and availing himself of their wonder and astonishment at the new objects which they daily- beheld, he gradually inspired them with such a high opinion of the Spaniards, as beings of a supeiior order and irresistible in arms, that, relying on their protection, they ventured to insult the Mexican power, at the very name of which they were accustomed to tremble. Some of Montezuma's officers having ap- peared to levy the usual tribute, and to demand a certain number of human victims, as an expiation for their guilt in presuming to hold intercourse with those strangers whom the emperor had commanded to leave his dominions, instead of obeying the order, the ca- ziques made them prisoners, treated them with great indignity, and as their superstition was no less bar- barous than that of the Mexicans, they prepared to sacrifice them to their gods. From this last danger they were delivered by the interposition of Cortes, who manifested the utmost horror at the mention of such a deed. The two cazlqucs having now been pushed to an act of stich open rebellion, as left them no hope of safety but in attaching themselves inviola- bly to the Spaniards, they soon completed their union with them, by formally acknowledging themselves to be vassals of the same monarch. Their example was followed by the Totonaques, a fierce people who in- habited the mountainous part of the country. They willingly subjected themselves to the crown of Cas- tile, and offered to accompany Cortes with all their forces in his march towards Mexico. Cortes had now been above three months in New Spain : and though this period had not been distin- guished by martial exploits, every moment had been employed in operations, which though less splendid, were more important. By his addfess in conducting his intrigues with his own army, as well as his sa- gacity in carrying on his negotiations with the natives, he had already laid the foundations of his future success. But whatever confidence he might place in the plan which he had formed, he could uot but per- ceive, that as his title to command was derived from a doubtful authority, he held it by a precarious tenure. The injuries which Velasquez had received, were such as would naturally prompt him to apply for redress to their common sovereign ; and such a representation, he foresaw, might be given of his conduct, that he had reason to apprehend, not only that he might be de- graded from his present rank, but subjected to punish- ment. Before he began his march, it was necessary to take the most effectual precautions against this impending danger. With this view he persuaded the magistrates of the colony at Vera Cruz, to address a letter to the king, the chief object of which was to justify their own conduct in establishing a colony independent on the jurisdiction of Velasquez. In order to accomplish this, they endeavoured to detract from his merit in fitting out the two former arma- ments under Cordova and Grijalva, affirming that these had been equipped by the adventurers who engaged in the expeditions, and not by the governor. They contended that the sole object of Velasquez was to trade or barter with the natives, not to attempt the conquest of New Spain, or to settle a colony there. They asserted that Cortes and the officers who served under him had defrayed the greater part of the expence in fitting out the armament. On this ac- count, they humbly requested their sovereign to ratify what they had done in his name, and to confirm Cortes in the supreme command by his roya! com- mission. That Charles might be induced to grant more readily what they demanded, they gave him a pompous description of the country which they had discovered ; of its riches, the number of its inhabit- ants, their civilization and arts ; they related the progress which they had already made in annexing some parts of the country situated on the sea-coast to the crown of Castile ; and mentioned the schemes which they had formed, as well as the hopes which they entertained, of reducing the whole to subjection. Cortes himself wrote in a similar strain ; and as he knew that the Spanish court, accustomed to the THE HISTORY OF AMERICA. 100 exaggerated representations of every new country by its discoverers, would give little credit to their splendid accounts of New Spain, if these were not accompanied with such a specimen of what it con- tained as would excite a high idea of its opulence, he solicited his soldiers to relinquish what they might claim as their part of the treasures which had hitherto been collected, in order that the whole miaht be sent to the king. Such was the ascendant which he had acquired over their minds, and such their own romantic expectations of future wealth, that an army of indigent and rapacious adventurers was capable of this generous effort, and offered to their sovereign the richest present that had hitherto been transmitted from the New World (104). Portocarrero and Montejo, the chief magistrates of the colohy, were appointed to carry this present to Castile, with express orders not to touch at Cuba in their passage thither. While a vessel was preparing for their departure, an unexpected event occasioned a general alarm. Some soldiers and sailors, secretly attached to Velas- quez, or intimidated at the prospect of the dangers unavoidable in attempting to penetrate into the heart of a great empire with such unequal force, formed the design of seizing one of the brigantines, and making their escape to Cuba, in order to give the governor such intelligence as might enable him to intercept the ship which was to carry the treasure and dispatches to Spain. This conspiracy, though formed by persons of low rank, was conducted with profound secrecy ; but at the moment when every thing was ready for execution, they were betrayed by one of their associates. Though the good fortune of Cortes interposed so seasonably on this occasion, the detection of this conspiracy filled his mind with most disquieting apprehensions, and prompted him to execute a scheme which he had long revolved. He perceived that the spirit of dissatisfaction still lurked among his troops; that though hitherto checked by the uniform success of his schemes, or suppressed by the hand of authority, various events might occur which would encourage and call it forth. He observed, that many of his men, weary of the fatigue of service, longed to revisit their settlements in Cuba; and that upon any appearance of extraordinary danger, or any reverse of fortune, it would be impossible to restrain them from returning thither. He was sensible that his forces, already too feeble, could bear no diminution, and that a very small defection of his followers would oblige him to abandon the enterprise. After ruminating often, and with much solicitude, upon those particulars, he saw no hope of success but in cutting of all possibility of retreat, and in reducing his men to the necessity of adopting the same resolu- tion with which he himself was animated, either to conquer or to perish. With this view, he determined to destroy his fleet ; but as he durst not venture to execute such a bold resolution by his single authority, he laboured to bring his soldiers to adopt his ideas with respect to the propriety of this measure. His address in accomplishing this was not inferior to the arduous occasion in which it was employed. He persuaded some, that the ships had suffered so much by having been long at sea, as to be altogether unfit for service ; to others he pointed out what a season- able reinforcement of strength they would derive from the junction of a hundred me'n, now unprofit- ably employed as sailors ; and to all he represented the necessity o fixing their eyes and wishes upon was "before them, without allowing the idea of a retreat once to enter their thoughts. With uni- versal consent the ships were drawn ashore, and after stripping them of their sails, rigging, iron works, and whatever else might be of use, they were broke in pieces. Thus, from an effort of magnanimity, to which there is nothing parallel in history, five hundred men voluntarily consented to be shut up in a hostile counti'y, filled with powerful and unknown nations ; and having precluded every means of escape, left themselves without any resource but their own valour and perseverance. Nothing now retarded Cortes ; the alacrity of his troops and the disposition of his allies were equally favourable. All the advantages, however, derived from the latter, though procured by much assiduity and address, were well nigh lost in a moment, by an indiscreet sally of religious zeal, which, on many occasions, precipitated Cortes into actions, incon- sistent with the prudence that distinguishes his character. Though hitherto he had neither time nor opportunity to explain to the natives the errors of their own superstition, or to instruct them in the principles of the Christian faith, he commanded his soldiers to overturn the altars and to destroy the idols in the chief temple of Zempoalla, and in their place to erect a crucifix and ah image of the Virgin Mary. The people beheld this with astonishment and horror ; the priests excited them to arms ; but such was the authority of Cortes, and so great the ascendant which the Spaniards had acquired, that the commotion was appeased without bloodshed, and concord perfectly re-established. Cortes began his march from Zempoalla on the sixteenth of August, with five hundred men, fifteen horse, and six field-pieces. The rest of his troops, consisting chiefly of such as from age or infirmity were less fit for active service, he left as a garrison in Villa Rica, under command of the Escalante, an officer of merit, and warmly attached to his interest. The cazique of Zempoalla supplied him with provisions, and with two hundred of those Indians called Tamemes, whose office, in a country where tame animals were unknown, was to carry burthens, and to perform all servile labour. They were a great relief to the Spanish soldiers, who hitherto had been obliged, not only to carry their own baggage, but to drag along the artillery by main force. He offered likewise a considerable body of his troops, but Cortes, was satisfied with four hundred ; taking care, however, to choose persons of such note as might prove hostages for the fidelity of their master. Nothing memorable happened in his progress, until he arrived on the confines of Tlascala. The inhabit- ants of that province, a warlike people, were impla- cable enemies of the Mexicans, and had been united in an ancient alliance with the caziques of Zempoalla. Though less civi.ized than the subjects of Monte- zuma, they were advanced in improvement far beyond the rude nations of America, whose manners we have described. They had made considerable pro- gress in agriculture; they dwelt in large towns ; they were not strangers to some species of commerce ; and in the imperfect accounts of their institutions and laws, transmitted to us by the early Spanish writers, we discern traces both of distributive justice and of criminal jurisdiction in their interior police. But still, as the degree of their civilization was incomplete, and as they depended for subsis- tence, not on agriculture alone, but trusted for it in a great measure to hunting, they retained many of the qualities natural to men in this state. Like them, they were fierce and revengeful ; like them, 110 THE HISTORY OF AMERICA. too, they were high-spirited and independent. In consequence of the former, they were involved in perpetual hostilities, and had but a slender and occasional intercourse with neighbouring states. The latter inspired them with such detestation of servitude, that they not only refused to stoop to a foreign yoke, .and maintained an obstinate and successful contest in defence of their liberty against the superior power of the Mexican empire, but they guarded with equal solicitude against domestic tyranny ; and disdaining to acknowledge any master, they lived under the mild and limited jurisdiction of a council elected by their several tribes. Cortes, though he had received information con- cerning the martial character of this people, flattered himself that his professions of delivering the oppressed from the tyranny of Montezuma, their inveterate enmity to the Mexicans, and the example of their ancient allies the Zempcallans, might induce the Tlascalans to grant him a friendly reception. In order to dispose them to this, four Zempoallans of great eminence were sent ambassadors, to request, in his name, and in that of their cazique, that they would permit the Spaniards to pass through the territories of the republic, in their way to Mexico. But instead of the favourable answer which was expected, the Tlascalans seized the ambassadors, and without any regard to their public character, made preparations for sacrificing them to their gods. At the same time they assembled their troops, in order to oppose those unknown invaders, if they should attempt to make their passage good by force of arms. Various motives concurred in precipitating the Tlascalans into this resolution. A fierce people, shut up within its own narrow precincts, and little accustomed to any intercourse with foreigners, is apt to consider every stranger as an enemy, and is easily- excited to arms. They concluded, from Cortes' s proposal of visiting Montezuma in his capital, that, notwithstanding all his professions, he courted the friendship of a monarch whom they both hated and feared. The imprudent zeal of Cortes in violating the temples in Zempoalla filled the Tlascalans with horror ; and as they were no less attached to their superstition than the other nations of New Spain, they were impatient to avenge their injured gods, and to acquire the merit of offering up to them, as victims, those impious men who had dared to profane their altars ; they contemned the small number of the Spaniards, as they had not yet measured their own strength with that of these new enemies, and had no idea of the superiority which they derived from thoir arms and dicipline. [Aug. 30.] Cortes, after waiting some days in vain for the return of his ambassadors, advanced into the Tlascalan territories. As the resolutions of people who delight in war are executed with no less promptitude than they are formed, he found troops in the field ready to oppose him. They attacked him with great intrepidity, and, in the first encounter, wounded some of the Spaniards, and killed two horses ; a loss, in their situation, of great moment, because it was irreparable. From this specimen of their courage, Cortes saw the necessity of proceeding with caution. His army marched in close order ; he chose the stations where he halted with attention, and fortified every camp with extra- ordinary care. During fourteen days he was ex- posed to almost uninterrupted assaults, the Tlas- calans advancing with numerous armies, and renew- ing the attack in various forms, with a degree of valour and perseverance to which the Spaniards had seen nothing parallel in the New World. The Spanish historians describe those successive battles with great pomp, and enter into a minute detail of particulars, mingling many exaggerated and incre- dible circumstances (105) with such as are real and marvellous. But no power of words can render the recital of a combat interesting, where there is no equality of danger ; and when the narrative closes with an account of thousands slain on the one side, while not a single person falls on the other, the most laboured descriptions of the previous disposition of the troops, or of the various vicissitudes in the engagement, command no attention. There are some circumstances, however, in this war, which are memorable, and merit notice, as they throw liirht upon the character both of the people of New Spain, and of their conquerors. Though the Tlasca- lans brought into the field such numerous armies as appear sufficient to have overwhelmed the Spaniards, they were never able to make any impression upon their small battalion. Singular as this may seem, it is not inexplicable. The Tlascalans, though addicted to war, were, like all unpolished nations, strangers to military order and discipline, and lost in a great measure the advantage which they might have deri- ved from their numbers, and the impetuosity of their attack, by their constant solicitude to carry off the dead and wounded. This point of honour, founded on a sentiment of tenderness natural to the human mind, and strengthened by anxiety to preserve the bodies of their countrymen from being devoured by their enemies, was universal among the people of New Spain. Attention to this pious office occupied them even during the heat of combat, broke their union, and diminished the force of the impression which they might have made by a joint effort. Not only was their superiority in number of little avail, but the imperfection of their military weapons rendered their valour in a great measure inoffensive. After three battles, and many skirmishes and as- saults, not one Spaniard was killed in the field. Arrows and spears, headed with flint or the bones of fishes, stakes hardened in the fire, and wooden swords, though destructive weapons among naked Indians, were easily turned aside by the Spanish bucklers, and could hardly penetrate the escaupiles, or quilted jackets, which the soldiers wore. The Tlascalans advanced boldly to the charge, and often fought hand to hand. Many of the Spaniards were wounded, though all slightly, which cannot be imputed to any want of courage or strength in their enemies, but to the defect of the arms with which they assailed them. Notwithstanding the fury with which the Tlas- calans attacked the Spaniards, they seemed to have conducted their hostility with some degree of barbarous generosity. They gave the Spaniards warning of their hostile intentions, and as they knew that their invaders wanted provisions, and imagined, perhaps, like the other Americans, that they had left their own country because it did not afford them subsistence, they sent to their camp a large supply of poultry and maize, desiring them to eat plentifully, because they scorned to attack an enemy enfeebled by hunger ; and it would be an affront to their gods to offer them famished victims, as well as disagreeable to themselves to feed on such emaciated prey. When they were taught by the first encounter with their new enemies, that it was not easy to execute this threat ; when they perceived, in the subsequent engagements, that notwithstanding all THE HISTORY OP AMERICA. Ill the efforts of their own valour, of which they had a very high opinion, not one of the Spaniards was slain or taken, they began to conceive them to be a superior order of beings, against whom human power could not avail. In this extremity they had recourse to their priests, requiring them to reveal the mysterious causes of such extraordinary events, and to declare what new means they should employ in order to repulse those formidable invaders. The priests, after many sacrifices and incantations, delivered this response : That these strangers were the offspring of the sun, procreated by his animating energy in the regions of the east ; that, by day, while cherished with the influence of his parental beams, they were invincible ; but by night, when his reviving heat was withdrawn, their vigour declined and faded like the herbs in the field, and they dwindled down into mortal men. Theories less plausible have gained credit with more enlightened nations, and have influenced their conduct. In consequence of this, the Tlascalans, with the im- plicit confidence of men who fancy themselves to be under the guidance of Heaven, acted in contra- diction to one of their most established maxims in war, and ventured to attack the enemy with a strong body in the night-time, in hopes of destroying them when enfeebled and surprised. But Cortes had greater vigilance and discernment than to be deceived by the rude stratagems of an Indian army. The sentinels at his out-posts, observing some extra- ordinary movement among the Tlascalans, gave the alarm. In a moment the troops were under arms, and sallying out, dispersed the party with great slaughter without allowing it to approach the camp. The Tlascalans convinced by sad expe- rience that their priests had deluded them, and satisfied that they attempted in vain, either to deceive or to vanquish their enemies, their fierce- ness abated, and they began to incline seriously to peace. They were at a loss, however, in what manner to address the strangers, what idea to form of their cha- racter, and whether to consider them as beings of a gentle or malevolent nature. There were circum- stances in their conduct which seemed to favour each opinion. On the one hand, as the Spaniards con- stantly dismissed the prisoners whom they took, not only without injury, but often with presents of European toys, and renewed their offers of peace after every victory ; this lenity amazed people, who, according to the exterminating system of war known in America, were accustomed to sacrifice and devour without mercy all captives taken in battle, and disposed them to entertain favourable sentiments of the humanity af their new enemies. But, on the other hand, as Cortes had seized fifty of their countrymen who brought provisions to his camp, and supposing them to be spies, had cut off their hands; this bloody spectacle, added to the terror occasioned by the fire-arms and horses, filled them with dreadful impressions of the ferocity of their invaders (106). This uncertainty was apparent in the mode of addressing the Spaniards. " If," said they, you are divinities of a cruel and savage nature, we present to you five slaves, that you may drink their blood and eat their flesh. If you are mild deities, accept an offering of incense and variegated plumes. If you are men, here is meat, and bread, and fruit to nourish you." The peace which both parties now desired with equal ardour, was soon concluded. The Tlascalans yielded themselves as vassals to the crown of Castile, and. engaged to assist Cortes in all his future operations. He took the republic under his protection, and promised to defend their persons and possessions from injury or violence. This treaty was concluded at a seasonable juncture for the Spaniaids. The fatigue of the service among a small body of men, surrounded by such a multitude of enemies, was incredible. Half the army was on duty every night, and even they whose turn it was to rest, slept always upon their arms, that they might be ready to ran to their posts on a moment's warning. Many of them were wounded ; a good number, and among these Cortes himself, laboured under the distempers prevalent in hot climates, and several had died since they set out from Vera Cruz. Not- withstanding the supplies which they received from the Tlascslans, they were often in want of pro- visions, and so destitute of the necessaries most requisite in dangerous service, that they had no salve to dress their wounds, but what was composed with the fat of the Indians whom they had slain. Worn out with such intolerable toil and hardships, many of the soldiers began to murmur, and, when they reflected on the multitude and boldness of their enemies, more were ready to despair. It required the utmost exertion of Cortes's authority and address to check this spirit of despondency in its progress, and to reanimate his followers with their wonted sense of their own superiority over the enemies with whom they had to contend. The submission of the Tlascalans, and their own triumph- ant entry into the capital city, where they were received with the reverence paid to beings of a superior order, banished, at once, from the minds of the Spaniards, all memory of past sufferings, dispelled every anxious thought with respect to their future operations, and fully satisfied them that there was not now any power in America able to withstand their arms. Cortes remained twenty days in Tlascala, in order to allow his troops a short interval of repose after such hard service. During that time he was employed in transactions and inquiries of great moment with respect to his future schemes. In his daily con- ferences with the Tlascalan chiefs, he received information concerning every particular relative to the state of the Mexican empire, or to the qualities of its sovereign, which could be of use in regulat- ing his conduct, whether he should be obliged to act as a friend or as an enemy. As he found that the antipathy of his new allies to the Mexican nation was no less implacable than had been repre- sented, and perceived what benefit he might derive from the aid of such powerful confederates, he employed all his powers of insinuation in order to gain their confidence. Nor was any extraordinary exertion of these necessary. The Tlascalans, with the levity of mind natural to unpolished men, were, of their own accord, disposed to run from the extreme of hatred to that of fondness. Every thing in the appearance and conduct of their guests was to them matter of wonder (107). They gazed with admiration at whatever the Spaniards did, and fancying them to be of heavenly origin, were eager not only to comply with their demands, but to anticipate their wishes. They offered, accordingly, to accompany Cortes in his march to Mexico, with all the forces of the republic, under the commandof their most experienced captains. Bur, after bestowing so much pains on cementing this union, all the beneficial fruits of it were on the point of being lost, by a new effusion of that intern* 112 THE HISTORY OP AMERICA. ' perate religious zeal with which Cortes was ani- mated, no less than the adventurers of the age. They all considered themselves as instruments em- ployed by Heaven to propagate the Christian faith, and the less they were qualified, either by their knowledge or morals, for such a function, they were more eager to discharge it. The profound veneration of the Tlascalans for the Spaniards, having encou- raged Cortes to explain to some of their chiefs the doctrines of the Christian religion, and to insist that they should abandon their own superstitions, and embrace the faith of their new friends, they, ac- cording to an idea universal among barbarous nations, readily acknowledged the truth and excellency of what he taught ; but contended, that the Teules of Tlascala were divinities ho less than the God in whom the Spaniards believed ; and as that Being was entitled to the homage of Europeans, so they were bound to revere the same powers which their ancestors had worshipped. Cortes continued, never- theless, to urge his demand in a tone of authority, mingling threats with his arguments, until the Tlascalans could bear it no longer, and conjured him never to mention this again, lest the Gods should avenge on their heads the guilt of having listened to such a proposition. Cortes, astonished and enraged at their obstinacy, prepared to execute by force what he could not accomplish by persuasion, and was going to overturn their altars, and cast down their idols with the same violent hand as at Zem- poalla, if Father Bartholomew de Olmedo, chaplain to the expedition, had not checked his inconsiderate impetuosity. He represented the imprudence of such an attempt in a large city newly reconciled, and filled with people no less superstitious than warlike ; he deo'ared, that the proceeding at Zempoalla had always appeared to him precipitate and unjust, that religion was not to be propagated by the sword, or infidels to be converted by violence ; that other weapons were to be employed in this ministry ; patient instruction must enlighten the understanding, and pious example captivate the heart, before men could be induced to abandon error, and embrace the truth. Amidst scenes, where a narrow-minded bigotry appears in such close union with oppression and cruelty, sentiments so liberal and humane soothe the mind with unexpected pleasure ; and at a time when the rights of conscience were little understood in the Christian world, and the idea of toleration unknown, one is astonished to find a Spanish monk of the sixteenth century amongst the first advocates against persecution, and in behalf of religious liberty. The remonstrances of an ecclesiastic, no loss respect- able for wisdom than virtue, had their proper weight with Cortes. He left the T.ascalans in the undis- turbed exercise of their own rights, requiring only that they should desist from their horrid practice of offering human victims in sacrifice. Cortes, as soon as his troops were fit for service, resolved to continue his march towards Mexico, notwithstanding the earnest dissuasives of the Tlas- calans, who represented his destruction as unavoid- able, if he put himself in the power of a prince so faithless and cruel as Montezuma. As lie was accompanied by six thousand Tlascalans, he had now the command of forces which resembled a regular army. They directed their course towards Cholula [Oct. 13] ; Montezuma, who had at length consented to admit the Spaniards into his presence, having informed Cortes that he had given orders for his friendly reception there. Cholula was a considerable town, and though only five leagues distant from Tlascala, was formerly an independent state, but had been lately subjected to the Mexican empire. This was considered by all the people of Nev Spain as a holy place, the sanctuary and chief seat of their gods, to which pilgrims resorted from every province, and a greater number of human victims were offered in its principal temple than even in that of Mexico. Mon- tezuma seems to have invited the Spaniards thither, either from some superstitious hope that the gods would not suffer this sacred mansion to be defiled, without pouring down their wrath upon those impious strangers, who ventured to insult their power in the place of its peculiar residence ; or from a belief that he himself might attempt to cut them off with more certain success, under the immediate protection of his divinities. Cortes had been warned by the Tlascalaus, before he set out on his march, to keep a watchful eye over the Cholulans. He himself, though received into the town with much seeming respect and cordiality, observed several circumstances in their conduct which excited suspicion. Two of the Tlascalans, who were encamped at some distance Trom the town, as the Cholulans refused to admit their ancient enemies within its precincts, having found means to enter in disguise, acquainted Cortes, that they observed the women and children of the principal citizens retiring in great hurry every night ; and that six children had been sacrificed in the chief temple, a rite which indi- cated the execution of some warlike enterprise to be approaching. At the same time, Marina the interpreter received information from an Indian woman of dis- tinction, whose confidence she had gained, that the destruction of her friends was concerted ; that a body of Mexican troops lay concealed near the town ; that some of the streets were barricaded, and in others, pits or deep trenches were dug, and slightly covered over, as traps into which the horses might fall ; that stones or missive weapons were collected on the tops of the temples, with which to overwhelm the infantry; that the fatal hour was now at hand, and their ruin unavoidable. Cortes, alarmed at this concurring evidence, secretly arrested three of the chief priests, and extorted from them a confession that confirmed the intelligence which he had receu ed. As not a moment was to be lost, he instantly resolved to prevent his enemies, and to inflict on them such dreadful vengeance as might strike Montezuma and his subjects with terror. For this purpose, the Spaniards and Zempoallans were drawn up in a large court, which had been allotted for their quarters, near the centre of the town ; the Tlascalans had orders to advance; the magistrates and several of the chief citizens were sent for, under various pretexts, and seized. On a signal given, the troops rushed out, and fell upon the multitude, destitute of leaders, and so much astonished, that the weapons dropped from their hands, they stood motionless, and incapable of defence. While the Spaniards pres.sed them in front, the Tlascalans attacked them in the rear. The streets were filled with bloodshed and death. The temples, which afforded a retreat to the priests and some of the leading men, were set on fire, and they perished in the flames. This scene of horror continued two days ; during which the wretched inhabitants suffered all that the destructive rage of the Spaniards, or the implacable revenge of the Indian allies, could inflict (108). At length the car- nage ceased, after the slaughter of six thousand Cholu- lans, without the loss of a single Spaniard. Cortes then released the magistrates, and reproaching them bitterly for their intended treachery, declared, that THE HISTORY OF AMERICA. 113 as justice was now appeased, he forgave the offence, but required them to recall the citizens who had fled, and re-establish order in the town. Such was the ascendant which the Spaniards had acquired over this superstitious race of men, and so deeply were they impressed with an opinion of their superior discernment, as well as power, that in obedience to this command, the city was in a few days filled again with people, who, amidst the ruins of their sacred buildings, yielded respectful service to men whose hands were stained with the blood of their relations and fellow-citizens. [Oct. 29.] From Cholula, Cortes advanced di- rectly towards Mexico, which was only twenty leagues distant. In every place through which he passed, he was received as a person possessed of sufficient power to deliver the empire from the oppression under which it groaned ; and the caziques or governors commu- nicated to him all the grievances which they felt under the tyrannical government of Montezuma, with that unreserved confidence which men naturally repose in superior beings. When Cortes first observed the seeds of discontent in the remote provinces of the empire, hope dawned upon his mind ; but when he now discovered such symptoms of alienation from their monarch near the seat of government, he con- cluded that the vital parts of the constitution were affected, and conceived the most sanguine expecta- tions of overturning a state, whose natural strength was thus divided and impaired. While those reflec- tions encouraged the general to persist in his arduous undertaking, the soldiers were no less animated by observations more obvious to their capacity. In descending from the mountains of Chalco, across which the road lay, the vast plain' of Mexico opened gradually to their view. When they first beheld this prospect, one of the most striking and beautiful on the face of the earth ; when they observed fertile and cultivated fields stretching farther than the eye could reach ; when they saw a lake resembling the sea in extent, encompassed with large towns, and discovered the capital city rising upon an island in the middle, adorned with its temples and turrets ; the scene so far exceeded their imagination, that some believed the fanciful descriptions of romance were realized, and that its enchanted palaces and gilded domes were presented to their sight ; others could hardly persuade themselves that this wonderful spectacle was any thing more than a dream (109). As they advancod, their doubts were removed, but their amazement increased. They were now fullv satisfied that the country was rich beyond any con- ception which they had formed of it, and flattered themselves that at length they should obtain an ample recompense for all their services and sufferings. Hitherto they had met with no enemy to oppose their progress, though several circumstances occurred which led them to suspect that some design was formed to surprise and cut them off. Many mes- sengers arrived successively from Montezuma, per- mitting them one day to advance, requiring them on the next to retire, as his hopes or fears alternately prevailed : and so wonderful was this infatuation, which seems to be unaccountable on any supposition, but that of a superstitious dread of the Spaniards, as beings of a superior nature, that Cortes was almost at the gates of the capital, before the monarch had determined whether to receive him as a friend, or to oppose him as an enemy. But as no sign of open hostility appeared, the Spaniards, without regarding the fluctuations of Montezuma' s sentiments, continued their march along the causeway which led to Mexico HISTORY OF AMERICA, No. 15. through the lake, with great circumspection and the strictest discipline, though without seeming to sus- pect the prince whom they were about to visit. When they drew near the city, about a thousand persons, who appeared to be of distinction, came forth to meet them, adorned with plumes and clad in mantles of fine cotton. Each of these, in his order, passed by Cortes, and saluted him according to the mode deemed most respectful and submissive in their country. They announced the approach of Montezuma himself, and soon after his harbingers came in sight. There appeared first two hundred persons in an uniform dress, with large plumes of feathers, alike in fashion, marching two and two, in deep silence, bare-footed, with their eyes fixed on the ground. These were followed by a company of higher rank, in their most showy apparel, in the midst of whom was Montezuma, in a chair or litter richly ornamented with gold and feathers of various colours. Four of his principal favourites carried him on their shoulders, others supported a canopy of curious workmanship over his head. Before him. marched three officers with rods of gold in their hands, which they lifted up on high at certain inter- vals, and at that signal all the people bowed their heads, and hid their faces, as unworthy to look on so great a monarch. When he drew near, Cortes dismounted, advancing towards him with officious haste, and in a respectful posture. At the same time Montezuma alighted from his chair, and leaning on the arms of two of his near relations, approached with a slow and stately pace, his attendants covering the street with cotton cloths, that he might not touch the ground. Cortes accosted him w ; th pro- found reverence, after the European fashion. He returned the salutation, according to the mode of his country, by touching the earth with his hand, and then kissing it. This ceromony, the customary ex- pression of veneration from inferiors towards those who were above them in rank, appeared such amazing condescension in a proud monarch, who scarcely deigned to consider the rest of mankind as of the same species with himself, that all his subjects firmly believed those persons, before whom he hum- bled himself in this manner, to be something more than human. Accordingly, as they marched through the crowd, the Spaniards frequently, and with much satisfaction, heard themselves denominated Teules, or divinities. Nothing material passed in this first interview. Montezuma conducted Cortes to the quarters which he had prepared for his reception, and immediately took leave of him, with a politeness not unworthy of a court more refined. "You are now," says he, " with your brothers in your own house; refresh yourselves after your fatigue and be happy until I return." The place allotted to the Spaniards for their lodging was a house built by the father of Montezuma. It was surrounded by a stone wall, with towers at proper distances, which served for defence as well as for ornament, and its apartments and courts were so large, as to accommodate both the Spaniards and their Indian allies. The first care of Cortes was to take precautions for his security, by planting the artillery so as to command the different avenues which led to it, by appointing a large division of his troops to be always on guard, and by posting sentinels at proper stations, with injunctions to observe the same vigi- lant discipline as if they were within sight of au enemy's camp. In the evening, Montezuma returned to visit h?$ guests with the same pomp as in their first interview, 114 THE HISTORY OP AMERICA. and brought presents of such value, not only to Cortes and to his officers, but even to the private men, as proved the liberality of the monarch to be suitable to the opulence of his kingdom, A long conference ensued, in which Cortes learned what was the opinion of Montezuma with respect to the Spaniards. It was an established tradition, he told him, among the Mexicans, that their ancestors came originally from a remote region, and conquered the provinces now subject to his dominion : that after they were settled there, the great captain who con- ducted this colony, returned to his own country, promising, that at some future period his descendants should visit them, assume the government, and reform their constitution and laws ; that from what he had heard and seen of Cortes and his followers, he was convinced they were the very persons whose appearance the Mexican traditions and prophecies taught them to expect ; that accordingly he had received them, not as strangers, but as relations of the same blood and parentage, and desired that they might consider themselves as masters in his domi- nions, for both himself and his subjects should be ready to comply with their will, and even to prevent their wishes. Cortes made a reply in his usual style, with respect to the dignity and power of his sove- reign, and his intention in sending him into that country ; artfully endeavouring so to frame his dis- course, that it might coincide as much as possible with the idea which Montezuma had formed con- cerning the origin of the Spaniards. Next morning, Cortes and some of his principal attendants were admitted to a public audience of the emperor. The three subsequent days were employed in viewing the city, the appearance of which, so far superior in the order of its buildings, and the number of its inhabi- tants, to any place the Spaniards had beheld in Ame- rica, and yet so little resembling the structure of a European city, filled them with surprise and admiration. Mexico, or Tenuchtitlan, as it was anciently called by the natives, is situated in a large plain, environed "by mountains of such height, that, though within the ton-id zone, the temperature of its climate is mild and healthful. All the moisture which descends from the high grounds is collected in several lakes, the two largest of which, of about ninety miles in circuit, communicate with each other. The waters of the ojie are fresh, those of the others brackish. On the banks of the latter, and on some small islands adjoining to them, the capital of Montezu- ma's empire was built. The access to the city was Toy artificial causeways or streets formed of stones and earth, about thirty feet in breadth. As the waters of the lake during the rainy season overflowed the flat country, these causeways were of considerable length. That of Tacuba, on the west, extended a mile and a-half ; that of Tepeaca, on the north-west, three miles ; that of Cuoyacan, towards the south, six miles. On the east there was no causeway, and the city could be approached only by canoes. In each of these causeways were openings at proper intervals, through which the waters flowed, and over these beams of timber were laid, which being covered with earth, the causeway or street had every where an uniform appearance. As the approaches to the city were singular, its construction was remarkable. Not only th temples of their gods, but the houses belonging to the monarch, and to persons of distinc- tion, were of such, dimensions, that in comparison with any other buildings which had been hitherto discovered in America, they might be termed mag- nificent, The habitations of the common^ people were mean, resembling the huts of other Indians. But they were all placed in a regular manner, on the banks of the canals which passed through the city, in some of its districts, or in the sides of the streets which intersected it in other quarters. In several places were large openings or squares, one of which, allotted for the great market, is said to have been so spacious, that forty or fifty thousand persons carried on traffic there. In this city, the pride of the New World, and the noblest monument of the industry and art of man, while unacquainted with the use of iron, and destitute of aid from any domestic animal, the Spaniards, who are most moderate in their com- putations, reckon that there were at least sixty thou- sand inhabitants. But how much soever the novelty of tnose objects might amuse or astonish the Spaniards, they felt the utmost solicitude with respect to their own situation. From a concurrence of circumstances, no less unex- pected than favourable to their progress, they had been allowed to penetrate into the heart of a powerful kingdom, and were now lodged in its capital, without having once met with open opposition from its mo- narch. The Tlascalans, however, had earnestly dissuaded them from placing such confidence in Montezuma as to enter a city of such peculiar situa- tion as Mexico, where that prince would have them at mercy, shut up as it were in a snare, from which it was impossible to escape. They assured them that the Mexican priests had, in the name of the gods, counselled their sovereign to admit the Spa- niards into the capital, that he might cut them off there at one blow with perfect security. They no\v perceived too plainly, that the apprehensions of their allies were not destitute of foundation ; that, by breaking the bridges placed at certain intervals on the causeways, or by destroying part of the cause- ways themselves, their retreat would be rendered impracticable, and they must remain cooped up in the centre of a hostile city, surrounded by multitudes sufficient to overwhelm them, and without a possi- bility of receiving aid from their allies. Montezuma had, indeed, received them with distinguished re- spect. But ought they to reckon upon this as real, or to consider it as feigned ? Even if it were sincere, could they promise on its continuance ? Their safety depended upon the will of a monarch in whose attachment they had no reason to confide ; and an order flowing from his caprice, or a word uttered by him in passion, might decide irrevocably concerning their fate. These reflections, so obvious as to occur to the meanest soldier, did not escape the vigilant sagacity of their general. Before he set out from Cholula, Cortes had received advice from Villa Rica, that Quolpopoca, one of the Mexican generals on the frontiers, having assembled on army in order to attack some of the people whom the Spaniards had encouraged to throw off the Mexican yoke, Escalante had marched out with part of the garrison to sup- port his allies ; that an engagement had ensued, in which, though the Spanish were victorious, Esca- lante, with seven of his men, had been mortally wounded, his horse killed, and one Spaniard had been surrounded by the enemy and taken alive ; that the head of this unfortunate captive, after being carried in tiiumph to different cities in order to con- vince the people that their invaders were not immor- tal, had been sent to Mexico. Cortes, thousjh alarmed with this intelligence, as an indication of Montezu- ma's hostile intentions, had continued his march. But as soon as he entered Mexico, he became THE HISTORY OP AMERICA. 115 sensible, that, from an excess of confidence in the superior valour and discipline of his troops, as well as from the disadvantage of having nothing to guide him in an unknown country, but the defective intel- ligence which he had received from people with whom his mode of communication was very imperfect, he had pushed forward into a situation, where it was difficult to continue, and from which it was dangerous to retire. Disgrace, and perhaps ruin, was the certain consequence of attempting the latter. The success of his enterprise depended upon supporting the high opinion which the people of New Spain had formed with respect to the irresistible power of his arms. Upon the first symptom of timidity on his part, their veneration would cease, and Montezuma, whom fear alone restrained at present, would let loose upon him the whole force of his empire. At the same time, he knew that the countenance of his own sovereign was to be obtained only by a series of victories, and that nothing but the merit of extra- ordinary success could screen his conduct from the censure of irregularity. From all these considera- tions, it was necessary to maintain his station, and to extricate himself out of the difficulties in which one bold step had involved him, by venturing upon another still bolder. The situation was trying, but his mind was equal to it ; and after revolving the matter with deep attention, he fixed upon a plan no less extraordinary than daring. He determined to seize Montezuma in his palace, and to carry him as a prisoner to the Spanish quarters. From the super- stitious veneration of the Mexicans for the person of their monarch, as well as their implicit submission to his will, he hoped, by having Montezuma in his power, to acquire the supreme direction of their affairs ; or, at least, with such a sacred pledge in his hands, he made no doubt of being secure from any effort of their violence. This he^immediately proposed to his officers. The timid startled at a measure so audacious, and raised objections. The more intelligent and resolute, con- scious that it was the only resource in which there appeared any prospect of safety, warmly approved of it, and brought over their companions so cordially to the same opinion, that it was agreed instantly to make the attempt. At his usual hour of visiting Monte- zuma, Cortes went to the palace, accompanied by Alvarado, Sandoval, Lugo, Velasquez de Leon, and Davila, five of his principal officers, and as many trusty soldiers. Thirty chosen men followed, not in regular order, but sauntering at some distance, as if they had no object but curiosity ; small parties were posted at proper intervals, in all the streets leading from the Spanish quarters to the court ; and the re- mainder of his troops, with the Tlascalan allies, were under arms ready to sally out on the first alarm. Cortes and his attendants were admitted without suspicion; the Mexicans retiring, as usual, out of respect. He addressed the monarch in a tone very different from that which he had employed in former conferences, reproaching him bitterly as the author of the violent assault made upon the Spaniards by one of his officers, and demanded public reparation for the loss which they had sustained by the death of some of their companions, as well as for the insult offered to the great prince whose servants they were. Montezuma, confounded at this unexpected accusa- tion, and changing colour, either from consciousness of guilt, or from feeling the indignity with which he was treated, asserted his own innocence with great earnestness, and, as a proof of it, gave orders in- stantly to bring Qualpopoca and his accomplices prisoners to Mexico. Cortes replied, with seeming complaisance, that a declaration so respectable left no- doubt remaining in his own mind, but that something more was requisite to satisfy his followers, who would never be convinced that Montezuma did not harbour hostile intentions against them, unless, as an evidence of his confidence and attachment, he removed front his own palace and took up his residence in the Spanish quarters, where he should be served and honoured as became a great monarch. The first mention of so strange a proposal bereaved Montezuma of speech, and almost of motion. At length, indig- nation gave him utterance, and he haughtily answered, That persons of his rank were not accustomed oluntarily to give up themselves as prisoners ; and were he mean enough to do so, his subjects would not permit such an affront to be offered to their sove- reign." Cortes, unwilling to employ force, endea- voured alternately to soothe and to intimidate him. The altercation became warm ; and having continued above three hours, Velasquez de Leon, an impetuous and gallant young man, exclaimed with impatience, " Why waste more time in vain ? Let us either seize him instantly, or stab him to the heart." The threatening voice and fierce gestures with which these words were uttered, struck Montezuma. The Spaniards, he was sensible, had now proceeded so far, as left him no hope that they would recede. His own danger was imminent, the necessity una- voidable. He saw both, and abandoning himself to his fate, complied with their request. His officers were called. He communicated to them his resolution. Though astonished and af- flicted, they presumed not to question the will of their master, but carried him in silent pomp, all bathed in tears, to the Spanish quarters. When it was known that the 'strangers were conveying away the emperor, the people broke out into the wildest transports of grief and rage, threatening the Spaniards with immediate destruction, as the punishment justly due to their impious audacity. But as soon as Montezuma appeared with a seeming gaiety of coun- tenance, and waved his hand, the tumult was hushed; and upon his declaring it to be of his own choice that he went to reside for some time among his new friends, the multitude, taught to revere every inti- mation of their sovereign's pleasure, quietly dispersed. Thus was a powerful prince seized by a few stran- gers in the midst of his capital, at noon-day, and carried off as a prisoner, without opposition or blood- shed. History contains nothing parallel to this event, either with respect to the temerity of the attempt, or the success of the execution ; and were not all the circumstances of this extraordinary trans- action authenticated by the most unquestionable evidence, they would appear so wild and extravagant, as to go far beyond the bounds of that probability which must be preserved even in fictitious narrations. Montezuma was received in the Spanish quarters with all the ceremonious respect which Cortes had promised. He was attended by his own domestics, and served with his usual state. His principal officers had free access to him, and he carried on every function of government as if he had been at perfect liberty. The Spaniards, however, watched him with the scrupulous vigilance which was natural in guarding such an important prize (110), endea- vouring at the same time to soothe and reconcile him to his situation, by every external demonstration of regard and attachment. But from captive princes the hour of humiliation and suffering is never far distant. Qualpopoca, his son, and five of the princi- 116 THE HISTORY OF AMERICA. pal officers who served under him, were brought pri- soners to the capital [Dec. 4], in consequence of the orders which Montezuma had issued. The emperor gave them up to Cortes, that he might inquire into the nature of their crime, and determine their punish- ment. They were formally tried by a Spanish court-martial ; and though they had acted no other part than what became loyal subjects and brave men in obeying the orders of their lawful sovereign, and in opposing the invaders of their country, they were condemned to be burnt alive. The execution of such atrocious deeds is seldom long suspended. Th unhappy victims were instantly led forth. The pile on which they were laid was composed of the weapons collected in the royal magazine for the public defence An innumerable multitude of Mexicans beheld, in silent astonishment, the double insult offered to the majesty of their empire, an officer of distinction committed to the flames by the authority of stran- gers, for having done what he owed in duty to his natural sovereign ; and the arms provided by the foresight of their ancestors for avenging public wrongs, consumed before their eyes. But these were not the most shocking indignities which the Mexicans had to bear. The Spaniards, convinced that Qualpopoca would not have ventured to attack Escalante without orders from his master, were not satisfied with inflicting vengeance on the instrument employed in committing that crime, while the author of it escaped with impunity. Just before Qualpopoca was led out to suffer, Cortes entered the apartment of Montezuma, followed by some of his officers, and a soldier carrying a pair of fetters ; and approaching the monarch with a stern countenance, told him, that as the persons who were now to undergo the punishment which they merited, had charged him as the cause of the outrage committed, it was necessary that he likewise should make atonement for that guilt ; then turning away abruptly, without waiting for a reply, commanded the soldiers to clap the fetters on his legs. The orders were instantly executed. The disconsolate monarch, trained up with an idea that his person was sacred and inviolable, and considering this pro- fanation of it as the prelude of immediate death, broke out into loud lamentations and complaints. His attendants, speechless with horror, fell at his feet, bathing them with their tears ; and bearing up the fetters in their hands, endeavoured with officious tenderness to lighten their pressure. Nor did their grief and despondency abate until Cortes returned from the execution, and with a cheerful countenance ordered the fetters to be taken off. As Montezuma's spirits had sunk with unmanly dejection, they now rose into indecent joy ; and with an unbecoming transition, he passed at once from the anguish of despair to transports of gratitude and expressions of fondness towards his deliverer. In those transactions, as represented by the Spanish historians, we search in vain for the qua- lities which distinguish other parts of Cortes's conduct. To usurp a jurisdiction which could not belong to a stranger, who assumed no higher cha- racter than that of an ambassador from a foreign prince, and under colour of it, to inflict a capital punishment on men whose conduct entitled them to esteem, appears an act of barbarous cruelty. To put the monarch of a great kingdom in irons, and, after such ignominious treatment, suddenly to release him, seems to be a display of power no less inconsiderate than wanton. According to the common relation, no account can be given either of one action or the other, but that Cortes, intoxicated with success, and presuming on the ascendant which he had acquired over the minds of the Mexicans, thought nothing too bold for him to undertake, or too dan- gerous to execute. But, in one view, these pro- ceedings, however repugnant to justice and humanity, may have flowed from that artful policy which regu- lated every part of Cortes's behaviour towards the Mexicans. They had conceived the Spaniards to be an order of beings superior to men. It was of the utmost consequence to cherish this illusion, and to keep up the veneration which it inspired. Cortes wished that shedding the blood of a Spaniard should be deemed the most heinous of all crimes ; and nothing appeared better calculated to establish this opinion, than to condemn the first Mexicans who had ventured to commit it to a cruel death, and to oblige their monarch himself to submit to a mortifying indignity, as an expiation for being accessory to a deed so atrocious (111). [A. D. 1520]. The rigour with which Cortes punished the unhappy persons who first presumed to lay violent hands upon his followers, seems accor- dingly to have made all the impression that he desired. The spirit of Montezuma was not only overawed, but subdued. During six months that Cortes re- mained in Mexico, the monarch continued in the Spanish quarters, with an appearance of as entire satisfaction and tranquillity, as if he had resided there, not from constraint, but through choice. His ministers and officers attended him as usual. He took cognizance of all affairs ; every order was issued in his name. The external aspect of govern- ment appearing the same, and all its ancient forms being scrupulously observed, the people were so little sensible of any change, that they obeyed the man- dates of their monarch with the same submissive reverence as ever. Such was the dread which both Montezuma and his subjects had of the Spaniards, or such the veneration in which they held them, that no attempt was made to deliver their sovereign from confinement ; and though Cortes, relying on this ascendant which he had acquired over their minds, permitted him not only to visit his temples, but to make hunting excursions beyond the lake, a guard of a few Spaniards carried with it such a terror as to intimidate the multitude, and secure the captive monarch. Thus, by the fortunate temerity of Cortes in seiz- ing Montemuza, the Spaniards at once secured to themselves more extensive authority in the Mexican empire than it was possible to have acquired in a long course of time by open force ; and they exer- cised more absolute sway in the name of another than they could have done in their own. The arts of polished nations, in subjecting such as are less improved, have been nearly the same in every period. The system of screening a foreign usurpa- tion, under the sanction of authority derived from the natural rulers of a country, the device of em- ploying the magistrates and forms already estab- lished as instruments to introduce a new dominion, of which we are apt to boast as sublime refinements in policy peculiar to the present ase, were inventions of more early period, and had been tried with success n the west, long before they were practised in the east. Cortes availed himself to the utmost of the powers which he possessed by being able to act in the name of Montezuma. He sent some Spaniards, whom he udged best qualified for such commissions, into different parts of the empire, accompanied by persons THE HISTORY OF AMERICA. 117 of distinction, whom Montezuma appointed to attend them both as guides and protectors. They visited most of the provinces, viewed their soil and produc- tions, surveyed with particular care the districts which yielded gold or silver, pitched upon several places as proper stations for future colonies, and endeavoured to prepare the minds of the people for submitting to the Spanish yoke. While they were thus employed, Cortes in the name and by the authority of Montezuma, degraded some of the principal officers in the empire, whose abitities or independent spirit excited his jealousy, and sub- stituted in their place persons less capable or more obsequiou5. One thing still was wanting to complete his secu- rity. He wished to have such command of the lake as might insure a retreat, if, either from levity or disgust, the Mexicans should take arms against him, and break down the bridges or causeways. This, too, his own address, and the facility of Montezuma, enabled him to accomplish. Having frequently enter- tained his prisoner with pompous accounts of the European marine and art of navigation, he awakened his curiosity to see those moving palaces which made their way through the water without oars. Under pretext of gratifying this desire, Cortes persuaded Montezuma to appoint some of his subjects to fetch part of the naval stores which the Spaniards had deposited at Vera Cruz to Mexico, and to employ others in cutting down and preparing timber. With their assistance, the Spanish carpenters soon com- pleted two brigantines, which afforded a frivolous amusement to the monarch, and were considered by Cortes as a certain resource, if he should be obliged to retire. Encouraged by so many instances'of the monarch's tame submission to his will, Cortes ventured to put it to a proof still more trying. He urged Montezuma to acknowledge himself a vassal of the king of Castile, to hold his crown of him as superior, and to subject his dominions to the payment of an annual tribute. With this requisition, the last and most humbling that can be made to one possessed of sovereign authority, Montezuma was so obsequious as to comply. He called together the chief men of his empire, and in a solemn harangue, reminding them of the traditions and prophecies which led them to expect the arrival of a people sprung from the same stock with themselves, in order to take possession of the supreme power, he declared his belief that the Spaniards were this promised race; that therefore he recognised the right of their monarch to govern the Mexican empire ; that he would lay his crown at his feet and obey him as a tributary. While uttering these words, Montezuma discovered how deeply he was affected in making such a sacrifice. Tears and groans frequently inteirupted his dis- course. Overawed and broken as his spirit was, it still retained such a sense of dignity, as to feel that pang which pierces the heart of princes when con- strained to resign independent power. The first mention of such a resolution struck the assembly dumb with astonishment. This was followed by a sudden murmur of so: row, mingled with indigna- tion, which indicated some violent eruption of rage to be near at hand. This Cortes foresaw, and seasonably interposed to prevent it, by declaring that his master had no intention to deprive Monte- zuma of the royal dignity, or to make any innova- tion upon the constitution and laws of the Mexican empire. This assurance, added to their dread of the Spanish power, aiid to the authority of their monarch's example, extorted a reluctant consent from the assembly (112). The act of submission and homage was executed with all the formalities which the Spaniards were pleased to prescribe. Montezuma, at the desire of Cortes, accompanied this profession of fealty and homage with a magni- ficent present to his new sovereign ; and after his example, his subjects brought in very liberal contri- butions. The Spaniards now collected all the treasure which had been either voluntarily bestowed upon them at different times by Montezuma, or had been extorted from his people under various pretexts ; and having melted the gold and silver, the value of these, without including jewels and ornaments of various kinds which were preserved on account of their curious workmanship, amounted to six hundred thousand pesos. The soldiers were impatient to have it divided, and Cortes complied with their desire. A fifth of the whole was first set apart as the tax due to the king. Another fifth was allotted to Cortes as com- mander in chief. The sums advanced by Velas- quez, by Coites, and by some of the officers, towards defraying the expense of fitting out the armament, were then deducted. The remainder was divided among the army, including the garrison of Vera Cruz, in proportion to their different ranks. After so many defalcations, the share of a private man did not exceed a hundred pesos. This sum fell so far below their sanguine expectations, that some soldiers rejected it with scorn, and others murmured so loudly at this cruel disappointment of their hopes, that it required all the address of Cortes, and no small exertion ofj his liberality, to appease them. The complaints of the army were not altogether destitute of foundation. As the crown had contri- buted nothing towards the equipment or success of the armament, it was not without regret that the soldiers beheld it sweep away so great a proportion of the treasure purchased by their blood and toil. What fell to the share of the general appeared, according to the ideas of wealth in the sixteenth century, an enormous sum. Some of Cortes's fa- vourites had secretly appropriated to their own USB several ornaments of gold, which neither paid the royal fifth, nor were brought into account as part of the common stock. It was, however, so manifestly the interest of Cortes at this period to make a large remittance to the king, that it is highly proba- ble those concealments were' not of great conse- quence. The total sum amassed by the Spaniards bears no proportion to the ideas which might be formed, either by reflecting on the descriptions given by his- torians of the ancient splendour of Mexico, or by con- sidering the productions of its mines in modern times. But among the ancient Mexicans, gold and silver were not the standards by which the worth of other commodities was estimated ; and, destitute of the artificial value derived from this circumstance, were no further in request than as they furnished mate- rials for ornaments and trinkets. These were either consecrated to the gods in their temples, or were worn as marks of distinction by their princes and some of their most eminent chiefs. As the con- sumption of the precious metals was inconsiderable, the demand for them was not such as to put either the ingenuity or industry of the Mexicans on the stretch, in order to augment their store. They were altogether unacquainted with the art of working the rich mines with which their country abounded. What gold they had was gathered in the beds of rivers, native, and ripened into a pure metallic 118 THE HISTORY OP AMERICA. state. The utmost effort of their labour in search of it was to wash the earth carried down by the tor- rents from the mountains, and to pick out the grains of gold which subsided ; and even this simple opera- tion, according to the report of the persons whom Cortes appointed to survey the provinces where fhere was a prospect of finding mines, they per- formed very unskilfully. From all those causes, the whole mass of gold in possession of the Mexicans was not great. As silver is rarely found pure, and the Mexican art was too rude to conduct the process for refining it in a proper manner, the quantity of this metal was still less considerable. Thus, though the Spaniards had exerted all the power which they possessed in Mexico, and often with indecent rapacity, in order to gratify their predominant passion, and though Montezuma had fondly exhausted his treasures, in hopes of satiating their thirst for gold, the product of both, which probably included a great part of the bullion in the empire, did not rise in value above what has been mentioned (113). But however pliant Montezuma might be in other matters, with respect to one point he was inflexible. Though Cortes often urged him with the importunate zeal of a missionary, to renounce his false gods, and to embrace" 7 the Christian faith, he always rejected the proposition with horror. Superstition, among the) Mexicans, was formed into such a regular and complete system, that its institutions naturally took fast hold of the mind ; and while the rude tribes in other parts of America were easily induced to re- linquish a few notions and rites, so loose and ar- bitrary as hardly to merit the name of a public religion, the Mexicans adhered tenaciously to their mode of worship, which however barbarous, was accompanied with such order and solemnity as to render it an object of the highest veneration. Cortes, finding all his attempts ineffectual to shake the con- stancy of Montezuma, was so much enraged at his obstinacy, that in a transport of zeal he led out his soldiers to throw down the idols in the grand temple by force. But the priests taking arms in defence of their altars, and the people crowding with great ardour to support them, Cortes's prudence overruled his zeal, and induced him to desist from his rash attempt, after dislodging the idols from one of the shrines, and placing in their stead an image of the Virgin Mary (114). From that moment the Mexicans, who had per- mitted the imprisonment of their sovereign, and suffered the exactions of strangers without a struggle, began to meditate how they might expel or destroy the Spaniards, and thought themselves called upon to avenge their insulted deities. The priests and lead- ing men held frequent consultations with Montezuma for this purpose. But as it might prove fatal to the captive monarch to attempt either the one or the other by violence, he was willing to try more gentle means. Having called Cortes into his presence, he observed, that now, as all the purposes of his embassy were fully accomplished, the gods had declared their will, and the people signified their desire, that he and his followers should instantly depart out of the em- pire. With this he required them to comply, or unavoidable destruction would fall suddenly on theij heads. The tenor of this unexpected requisition, as well as the determined tone in which it was uttered, left Cortes no room to doubt that it was the result of some deep scheme concerted between Montezuma and his subjects. He quickly perceived that he might derive more advantage from a seeming compliance with the monarch's inclination, than from an ill-timed attempt to change or oppose it ; and replied, with great composure, that he had already begun to pre- pare for returning to his own country ; but as ho had destroyed the vessels in which he had arrived, some time was requisite for building other ships. This appeared reasonable. A number of Mexicans were sent to Vera Cruz, to cut down timber, and some Spanish carpenters were appointed to superintend the work. Cortes flattered himself, that during this in- terval he might either find means to avert the threat- ened danger, or receive such reinforcements as would enable him to despise it. Almost nine months were elapsed since Portocar- rero and Montejo had sailed with his despatches to Spain ; and he daily expected their return with a con- firmation of his authority from the king. Without this, his condition was insecure and precarious : and after all the great things which he had done, it might be his doom to bear the name and suffer the punish- ment of a traitor. Rapid and extensive as his progress had been, he could not hope to complete the reduction of a great empire with so small a body of men, which by this time diseases of various kinds had considerably thinned ; nor could he apply for re- cruits to the Spanish settlements in the islands, until he received the royal approbation of his pro- ceedings. While he remained in this cruel situation, anxious about what was past, uncertain with respect to the future, and by the late declaration of Montezuma op- pressed with a new addition of cares, a Mexican courier arrived with an account of some ships having appeared on the coast. Cortes with fond credulity imagining that his messengers were returned from Spain, and that the completion of all his wishes and hopes was at hand, imparted the glad tidings to his companions, who received them with transports of mutual gratulation. Their joy was not of long con- tinuance. A courier from Sandoval, whom Cortes had appointed to succeed Escalante in command at Vera Cruz, brought certain information that the ar- mament was fitted out by Velasquez, governor of Cuba, and instead of bringing the aid which they expected, threatened them with immediate destruc- tion. The motives which prompted Velasquez to this violent measure are obvious. From the circum- stances of Cortes's departure, it was impossible not to suspect his intention of throwing off all dependence upon him. His neglecting to transmit any account of his operations to Cuba, strengthened this suspicion, which was at last confirmed beyond doubt, by the in- discretion of the officers whom Cortes sent to Spain. They, from some motive which is not clearly explained by the contemporary historians, touched at the island of Cuba, contrary to the peremptory orders of their general. By this means Velasquez not only learned that Cortes and his followers, after formally renounc- ing all connexion with him, had established an independent colony in New Spain, and were soliciting the king to confirm their proceedings by his autho- rity ; but he obtained particular information con- cerning the opulence of the country, the valuable presents which Cortes had received, and the inviting prospects of success that opened to his view. Every passion which can agitate an ambitious mind ; shame, at having been so grossly over-reached ; indignation at being betrayed by the man whom he had selected as the object of his favour and confidence ; grief, for having wasted his fortune to aggrandize an enemy ; and despair of recovering so fair an opportunity of THE HISTORY OP AMERICA. 119 establishing his fame and extending his power, now raged in the bosom of Velasquez. All these, with united force, excited him to make an extraordinary effort in order to be avenged on the author of his wrongs, and to wrest from him his usurped autho- rity and conquests. Nor did he want the appear- ance of a good title to justify such an attempt. The agent whom he sent to Spain with an account of Grijalva's voyage, had met with a most favourable reception; and from the specimens which he pro- duced, such high expectations were formed concerning the opulence of New Spain, that Velasquez was authorized to prosecute the discovery of the country, ani appointed governor of it during lif-% with more extensive power and privileges than had been granted to any adventurer from the time of Columbus. Ela- ted by this distinguishing mark of favour, and warranted to consider Cortes not only as intruding upon his jurisdiction, but as disobedient to the royal mandate, he determined to vindicate his own rights, and the honour of his sovereign, by force of arms (115). His ardour in carrying on his prepa- rations, was such as might have been expected from the violence of the passions with which he was ani- mated ; and in a short time an armament was com- pleted, consisting of eighteen ships, which had on board fourscore horsemen, eight hundred foot sol- diers, of which eighty were musketeers, and a hundred and twenty cross-bow men, together with a train of twelve pieces of cannon. As Velasquez's experience of the fatal consequence of committing to another what he ought to have executed himself, had not rendered him more enterprising, he vested the command of this formidable body, which, in the in- fancy of the Spanish power in America, merits the appellation of an army, in Pamphilo de Narvaez, with instructions to seize Cortes, and his principal ofiicers, to send them prisoners to him, and then to complete the discovery and conquest of the country in his name. [April.] After a prosperous voyage, Narvaez landed his men without opposition near St. Juan de Ulua. Three soldiers, whom Cortes had sent to search for mines in that district, immediately joined him. By this accident he not only received informa- tion concerning the progress and situation of Cortes, but as these soldiers had made some progress in the knowledge of the Mexican language, he acquired in- terpreters, by whose means he was enabled to hold some intercourse with the people of the country. But, according to the low cunning of deserters, they framed their intelligence with more attention to what they thought would be agreeable, than to what they knew to be true; and represented the situation of Cortes to be so desperate, and the disaffection of his followers to be so general, as increased the natural confidence and presumption of Narvaez. His first operation, however, might have taught him not to rely on their partial accounts. Having sent to sum- mon the governor of Vera Cruz to surrender, Guevara , a priest whom he employed in that service, made the requisition with such insolence, that Sandoval, an officer of high spirit, and zealously attached to Cortes, instead of complying with his demands, seized him and his attendants, and sent them in chains to Mexico. Cortes received them, not like enemies, but as friends, and condemning the severity of Sandoval, set them immediately at liberty. By this well-timed clemency, seconded by caresses and presents, he gained their confidence, and drew from them such particulars concerning the force and intentions of Narvaez, as gave him a viewof the impending danger in its full extent. He had not to contend now with half-naked Indians, no match for him in war, and still more [inferior in the arts of policy, but to take the field against an army in courage and martial discipline equal to his own, in number far superior, acting under the sanction of royal authority, and commanded by an officer of known 1 ravery. He was informed that Narvaez, more solicitous to gratify the resentment of Velasquez, than attentive to the honour or interest of his country, had begun his intercourse with the natives, by representing him and his fol- lowers as fugitives and outlaws, guilty of rebellion against their own sovereign, and of injustice in invading the Mexican empire ; and had declared that his chief object in visiting the country was to punish the Spaniards who had committed these crimes, and to rescue the Mexicans from oppression. He soon perceived that the same unfavourable representations of his character and actions had been conveyed to Montezuma, and that Narvaez had found means to assure him, that ns the conduct of those who kept him under restraint was highly displeasing to the king his master, he had it in charge not only to rescue an injured monarch from confinement, but to reinstate him in the possession of his ancient power and independence. Animated with this prospect of being set free from subjection to strangers, the Mexi- cans in several provinces began openly to revolt from Cortes, and to regard Narvaez as a deliverer no less able than willing to save them. Montezuma himself kept up a secret intercourse with the new commander, and seemed to court him as a person superior in power and dignity to those Spaniards whom he had hitherto revered as the first of men (116). Such were the various aspects of danger and diffi- culty which presented themselves to the view of Cortes. No situation can be conceived more trying to the capacity and firmness of a general, or where the choice of the plan which ought to be adopted was more difficult. If he should wait the approach of Narvaez in Mexico, destruction seemed to be unavoid- able ; for while the Spaniards pressed him from without, the inhabitants, whose turbulent spirit he could hardly restrain with all his authority and attention, would easily lay hold on such a favourable opportunity of avenging all their wrongs. If he should abandon the capital, set the captive monarch at liberty, and march out to meet the enemy, he must at once forego the fruits of all his toils and victories, and relinquish advantages which could not be recovered without extraordinary efforts and infinite danger. If, instead of employing force, he should have recourse to conciliating measures, and attempt an accommodation with Narvaez ; the natural haughtiness of that officer, augmented by consciousness of his present superiority, forbade him to cherish any sanguine hope of success. After revolving every scheme with deep attention, Cortes fixed upon that which in execution was most hazardous, but, if successful, would prove most bene- ficial to himself and to his country ; and with the decisive intrepidity suited to desperate situations, determined to make one bold effort for victory under every disadvantage, rather than sacrifice his own conquests and the Spanish interests in Mexico. But though he foresaw that the contest must be terminated finally by arms, it would have been not only indecont, but criminal, to have marched against his countrymen, without attempting to adjust matters by an amicable negociation. In this service he em- ployed Olmedo, his chaplain, to whoso character the, J20 THE HISTORY OF AMERICA. function was well suited, and who possessed besides, such prudence and address as qualified him to carry on the secret intrigues in which Cortes placed his chief confidence. Narvaez rejected, with scorn, every cheme of accommodation thatOlmedo proposed, and was with difficulty restrained from laying violent hands on him and his attendants. He met, however, with a more favourable reception among the followers of Narvaez, to many of whom he delivered letters, either from Cortes or his officers, their ancient friends and companions. Cortes artfully accompanied these with presents of rings, chains of gold, and other trinkets of value, which inspired those needy adven- turers with high ideas of the wealth that he had acquired, and with envy of their good fortune who were engaged in his service. Some, from hopes of becoming sharers in those rich spoils, declared for an immediate accommodation with Cortes. Others, from public spirit, laboured to prevent a civil war, which, whatever party should prevail, must shake, and perhaps subvert, the Spanish power, in a country where it was so imperfectly established. Narvaez disregarded both, and by a public proclamation de- nounced Cortes and his adherents rebels and enemies to their country. Cortes, it is probable, was not much surprised at the untracUble arrogance of Nar- vaez ; and, after having given such a proof of his own pacific disposition as might justify his recourse to other means, he determined to advance towards an enemy whom he had laboured in vain to appease. [May.] He left a hundred and fifty men in the capital, under the command of Pedro de Alvarado, an officer of distinguished courage, for whom the Mexi- cans had conceived a singular degree of respect. To the custody of this slender garrison he committed a great city, with all the wealth he had amassed, and, what was still of greater importance, the person of the imprisoned monarch. His utmost art was em- ployed in concealing from Montezuma the real cause of his march. He laboured to persuade him, that the strangers who had lately arrived were his friends and fellow-subjects ; and that, after a short interview with them, they would depart together, .and return to their own country. The captive prince, unable to comprehend the designs of the Spaniards, or to recon- cile what he now heard with the declarations of Narvaez, and afraid to discover any symptom of sus- picion or distrust of Coftes, promised to remain quietly in the Spanish quarters, and to cultivate the same friendship with Alvarado which he had uni- formly maintained with him. Cortes, with seeming confidence in this promise, but relying principally upon the injunctions which he had given Alvarado to guard his prisoner with the most scrupulous vigilance, set out from Mexico. His strength, even after it was reinforced by the junction of Sandoval and the garrison of Vera Cruz, did not exceed two hundred and fifty men. As he hoped for success chiefly from the rapidity of his motions, his troops were not encumbered either with baggage or artillery. But as he dreaded extremely the impression which the enemy might make with their cavalry, he had provided against this danger with the foresight and sagacity which distinguish a great commander. Having observed that the Indians in the province of Chinantla used spears of extraor- dinary length and force, he armed his soldiers with these, and accustomed them to that deep and compact arrangement which the use of this formidable weapon, the best perhaps that ever was invented for defence, enabled them to assume. With this small but firm battalion, Cortes advanced towards Zempoalla, of which Narvaez had taken possession. During his march, he made repeated attempts towards some accommodation with his opponent. But Narvaez requiring that Cortes and his followers should instantly recognise his title to be governor of New Spain, in virtue of the powers which he derived from Velasquez ; and Cortes refusing to submit to any authority which was not founded on a commission from the emperor himself, under whose immediate protection he and his adherents had placed their infant colony ; all these attempts proved fruit- less. The intercourse, however, which this occasioned between the two parties, proved of no small advan- tage to Cortes, as it afforded him an opportunity of gaining some of Narvaez's officers by liberal presents, of softening others by a semblance of moderation, and of dazzling all by the appearance of wealth among his troops, most of his soldiers having converted their share of the Mexican gold into chains, bracelets, and other ornaments, which they displayed with military ostentation. Narvaez and a little junto of his crea- tures excepted, all the army leaned towards an accommodation with their countrymen. Thjs dis- covery of their inclination irritated his violent temper almost to madness. In a transport of rage, he set a price upon the head of Cortes, and of his principal officers ; and having learned that he was now ad- vanced within a league of Zempoalla with his small body of men, he considered this as an insult which merited immediate chastisement, and marched out with all his troops to offer him battle. But Cortes was a leader of greater abilities and experience than, on equal ground, to fight an enemy so far superior in number, and so much better ap- pointed. Having taken his station on the opposite bank of the river de Canoas, where he knew that he could not be attacked, he beheld the approach of the enemy without concern, and disregarded this vain bravado. It was then the beginning of the wet sea- son, and the rain had poured down during a great part of the day, with the violence peculiar to the torrid zone. The followers of Narvaez, unaccustomed to the hardships of military service, murmured so much at being. thus fruitlessly exposed, that, from their unsoldier-like impatience, as well as his own contempt of his adversary, their general permitted them to retire to Zempoalla. The very circumstance which induced them to quit the field, encouraged Cortes to form a scheme by which he hoped at once to terminate the war. He observed, that his hardy veterans, though standing under the torrents which continued to fall, without a single tent or any shelter whatsoever to cover them, were so far from repining at hardships which were become familiar to them, that they were still fresh and alert for service. He foresaw that the enemy would naturally give them- selves up to repose after their fatigue, and that, judging of the conduct of others by their own effemi- nacy, they would deem themselves perfectly secure at a season so unfit for action. He resolved, therefore, to fall upon them in the dead of night, when the surprise and terror of this unexpected attack might more than compensate the inferiority of his numbers. His soldiers, sensible that no resource remained, but in some desperate effort of courage, approved of the measure with such warmth, that Cortes, in a military oration which he addressed to them before they began their march, was more solicitous to temper than to inflame their ardour. He divided them into three parties. At the head of the first he placed Sandoval ; intrusting this gallant officer with the most dangerous and important service, that of seizing the enemy's THE HISTORY OF AMERICA. 121 artillery, which was planted before the principal tower of the temple, where Narvaez had fixed his head-quarters. Christoval de Olid commanded the second, with orders to assault the tower, and lay hold on the general. Cortes himself conducted the third and smallest division, which was to act as a body of reserve, and to support the other two as there should be occasion. Having passed the river de Canoas, which was much swelled with the rains, not without difficulty, the water reaching almost to their chins, they advanced in profound silence, without beat of drum, or sound of any warlike instrument ; each man armed with his sword, his dagger, and his Chinan- tlan spear. Narvaez, remiss in proportion to his security, had posted only two sentinels to watch the motions of an enemy whom he had such good cause to dread. One of these was seized by the advanced guard of Cortes's troops, the other made his escape, and hurrying to the town with all the precipitation of fear and zeal, gave such timely notice of the enemy's approach, that there was full leisure to have prepared for their reception. But through the arro- gance and infatuation of Narvaez, this important interval was lost. He imputed this alarm to the cowardice of the sentinel, and treated with derision the idea of being attacked by forces so unequal to his own. The shouts of Cortes's soldiers, rushing on to the assault, convinced him at last that the danger which he despised was real. The rapidity with which they advanced was such, that only one cannon could be fired before Sandoval's party closed with the enemy, drove them from their guns, and began to force their way up the steps of the tower. Narvaez, no less brave in action than presumptuous in conduct, armed himself in haste, and by his voice and example animateb his men to the comdat. Olid advanced to sustain his companions ; and Cortes himself, rushing to the front, conducted and added new vigour to the attack. The compact order in which this small body pressed on, and the impenetrable front which they presented with their long spears, bore down all opposition before it. They had now reached the gate, and were struggling to burst it open, when a soldier having set fire to the reeds with which the tower was covered, compelled Narvaez to sally out. In the first encounter he was wounded in the eye with a spear, and, falling to the ground, was dragged down the steps, and in a moment clapped in fetters. The cry of victory resounded among the troops of Cortes. Those who had sallied out with their leader now maintained the conflict feebly, and began to surrender. Among the remainder of his soldiers, stationed in two smaller towers of the temple, terror and confusion prevailed. The darkness was so great, that they could not distinguish between their friends and foes. Their own artillery was pointecl against them. Wherever they turned their eyes, they beheld lights gleaming through the obscurity of night, which, though proceeding only from a variety of shining insects that abound in moist and sultry climates, their affrighted imaginations represented as numerous bands of musketeers advancing with kindled matches to the attack. After a short resistance, the soldiers compelled their officers to capitulate, and before morning all laid down their arms, and submitted quietly to their conquerors. This complete victory proved more acceptable, as it was gained almost without bloodshed, only two soldiers being killed on the side of Cortes, and two officers, with fifteen private men, of the adverse fac- ti >n. Cortes treated the vanquished not like enemies, but as countrymen and friends, and offered eitlwr to THE HISTORY OF AMERICA, No. 10. send them back directly to Cuba, or to take them into his service, as partners in his fortune, on equal terms with his own soldiers. This latter proposition, seconded by a seasonable distribution of some presents from Cortes, and liberal promises of more, opened prospect* so agreeable to the romantic expectations which had invited them to engage in this service, that all, a few partisans of Narvaez excepted, closed with it, and, vied with each other in professions of fidelity and attachment to a general, whose recent success had given them such a striking proof of his abilities for command. Thus, by a series of events no less fortunate than uncommon, Cortes not only escaped from perdition which seemed inevitable, but, when he had least reason to expect it, was placed at the head of a thousand Spaniards, ready to follow where- ever he should lead them. Whoever reflects upon the facility with which this victory was obtained, or considers with what sudden and unanimous transi- tion the followers of Narvaez ranged themselves under the standard of his rival, will be apt to ascribe both events as much to the intrigues as to the arms of Cortes, and cannot but suspect that the ruin of Narvaez was occasioned, no less by the treachery of his own followers, than by the valour of the enemy. But, in one point, the prudent conduct and good fortune of Cortes wre equally conspicuous. If, by the rapidity of his operations after ha began his march, he had not brought matters to such a speedy issue, even this decisive victory would have come too late to have saved his companions whom he left in Mexico. A few days after the discomfiture of Nar- vaez, a courier arrived with an account that the Mexicans had taken arms, and having seized and destroyed the two brigantines which Cortes had built in order to secure the command of the lake, and attacked the Spaniards in their quarters, and killed several of them, and wounded more, had reduced to ashes their magazine of provisions, and carried on. hostilities with such fury, that though Alvarado and his men defended themselves with undaunted reso- lution, they must either be soon cut off by famine, or sink nnder the multitude of their enemies. This revolt was excited by motives which rendered it still more alarming. On the departure of Cortes for Zempoalla, the Mexicans flattered themselves, that the long expected opportunity of restoring their sovereign to liberty, and of vindicating their country from the odious dominion of strangers, was at length arrived ; that while the forces of their oppressors were divided, and the arms of one party turned against the other, they might triumph with greater facility over both. Consultations were held, and schemes formed with this intention. The Spaniards in Mexico, conscious of their own feebleness, sus- pected and dreaded those machinations. Alvarado, though a gallant officer, possessed neither that ex- tent of capacity, nor dignity of manners, by whi.ih Cortes had acquired such an ascendant over the minds of the Mexicans, as never allowed them to form a just estimate of his weakness or of their own strength. Alvarado knew no mode of supporting his authority but force. Instead of employing address to disconcert the plans, or to soothe the spirits of the Mexicans, he waited the return of one of their solemn festivals, when the principal persons in the empire were dancing, according to custom, in the court of the great temple ; he seized all the avenues which led to it, and, allured partly by the rich ornaments which they wore in honour of their gods, and partly by the facility of cutting off at once the authors of that con- spiracy which he dveaded, he fell upon them, unarmed 122 THE HISTORY OF AMERICA. and unsuspicious of any danger, and massacred a great number, none escaping but such as made their way over the battlements of the temple. An action so cruel and treacherous filled not only the city, but the whole empire, with indignation and rage. All called loud for vengeance ; and regardless of the safety of their monarch, whose life was at the mercy of the Spaniards, or of their own danger in assaulting an enemy who had been so long the object of their terror, they committed all those acts of violence of which Cortes received an account. To him the danger appeared so imminent as to admit neither of deliberation nor delay. He set out instantly with all his forces, and returned from Zem- poalla with no less rapidity than he advanced thither. At Tlascala he was joined by two thousand chosen warriors. On entering the Mexican territories, he found that disaffection to the Spaniards was not confined to the capital. The principal inhabitants had deserted the towns through which he passed ; no person of note appearing to meet him with the usual respect ; no provision was made for the sub- sistence oif his troops ; and though he was permitted to advance without opposition, the solitude and silence which reigned in every place, and the horror with which the people avoided all intercourse with him, discovered a deep rooted antipathy, that excited the most just alarm. But implacable as the enmity of the Mexicans was, they were so unacquainted with the science of war, that they knew not how to take the proper measures, either for their own safety or the destruction of the Spaniards. Uninstructed by their former error in admitting a formidable enemy into their capital, instead of breaking down the causeways and bridges, by which they might have enclosed Alvarado and his party, and have effectu- ally stopped the career of Cortes, they again suffered him to march into the city without molestation [June 24], and to take quiet possession of his ancient station. The transports of joy with which Alvarado and his soldiers received their companions cannot be ex- pressed. Both parties were so much elated, the one with their seasonable deliverance, and the other with the great exploits which they had achieved, that this intoxication of success seems to have reached Cortes himself; and he behaved on this occasion neither with his usual sagacity nor attention. He not only neglected to visit Montezuma, but imbittered the insult by expressions full of contempt for that unfor- tunate prince and his people. The forces of which he had now the command appeared to him so irresis- tible, that he might assume a higher tone, and lay aside the mask of moderation under which he had hitherto concealed his designs. Some Mexicans, who understood the Spanish language, heard the contemp- tuous words which Cortes uttered, and reporting them to their countrymen, kindled their rage anew. They were now convinced that the intentions of the gene- ral were equally bloody with those of Alvarado, and his original purpose in visiting their country had not been as he pretended, to court the alliance of their sovereign, but to attempt the conquest of his domi- nions. They resumed their arms with the additional fury which this discovery inspired, attacked a consi- derable body of Spaniards who were marching towards the great square in which the public market was held, and compelled them to retire with some loss. Imboldened by this success, and delighted to find that their oppressors were not invincible, they ad- vanced next day with extraordinary martial pomp to assault the Spaniards in their quarters. Their number was formidable, and their undaunted courage still more so. Though the artillery pointed against their numerous battalions, crowded together in narrow streets, swept off multitudes at every dis- charge ; though every blow of the Spanish weapon* fell with mortal effect upon their naked bodies, the impetuosity of the assault did not abate. Fresh men rushed forward to occupy the places of the skin, and meeting with the same fate, were succeeded by others no less intrepid and eager for vengeance. The utmost efforts of Cortes's abilities and experience, seconded by the disciplined valour of his troops, were hardly sufficient to defend the fortifications that surrounded the post where the Spaniards were stationed, into which the enemy were more than once on the point of forcing their way. Cortes beheld, with wonder, the implacable fero- city of a people who seemed at first to submit tamely to the yoke, and had continued so long passive under it. The soldiers of Narvaez, who fondly imagined that they followed Cortes to share in the spoils of a conquered empire, were astonished to find that they were involved in a dangerous war, with an enemy whose vigour was still unbroken, and loudly execrated their own weakness, in giving such easy credit to the delusive promises of their new leader. But surprise and complaints were of no avail. Some immediate and extraordinary effort was requisite to extricate themselves out of their present situation. As soon as the approach of evening induced the Mexicans to retire, in compliance with their national custom of ceasing from hostilities with the setting sun, Cortes began to prepare for a sally, next day, with such a considerable force, as might either drive the enemy out of the city, or compel them to listen to terms of accommodation. He conducted, in person, the troops destined for this important service. Every invention known in the European art of war, as well as every precaution suggested by his long acquaintance with the Indian mode of fighting, were employed to insure success. But he found an enemy prepared and determined to oppose him. The force of the Mexicans was greatly augmented by fresh troops, which poured in continually from the country, and their animosity was in no degree abated. They were led by their nobles, inflamed by the exhortations of their priests, and fought in defence of their temples and families, under the eye of their gods, and in presence of their wives and children. Notwithstanding their num- bers, and enthusiastic contempt of danger and death, wherever the Spaniards could close with them, the superiority of their discipline and arms obliged the Mexicans to give way. But in narrow streets, and where many of the bridges of communication were broken down, the Spaniards could seldom come to a fair encounter with the enemy, and as they ad- vanced, were exposed to showers of arrows and stones from the tops of houses. After a day of incessant exertion, though vast numbers of the Mexicans fell, and part of the city was burnt, the Spaniards, weary with the slaughter, and harassed by multitudes which successively relieved each other, were obliged at length to retire, with the mortifica- tion of having accomplished nothing so decisive as to compensate the unusual calamity of having twelve soldiers killed, and above sixty wounded. Another sally, made with greater force, was not more effec- tual, and in it the general himself was wounded in the hand. Cortes now perceived, too late, the fatal error into which he had been betrayed by his own contempt of the Mexicans, and was satisfied that he could neither THE HISTORY OF AMERICA. 123 maintain his present station in the centre of an hostile city, nor retire from it without the most imminent danger. One resource still remained, to try what effect the interposition of Montezuma might have to soothe or overawe his subjects. When the Mexicans approached next morning to renew the assault, that unfortunate prince, at the mercy of the Spaniards, and reduced to the sad necessity of be- coming the instrument of his own disgrace, and of the slavery of his people (117), advanced to the battlements in his royal robes, and with all the pomp in which he used to appear on solemn occasions. At the sight of their sovereign, whom they had long been accustomed to honour, and almost to revere as a god, the weapons dropped from their hands, every tongue was silent, all bowed their heads, and many prostrated themselves on the ground. Montezuma addressed them with every argument that could mitigate their rage, or persuade them to cease from hostilities. When he ended his discourse, a sullen murmur of disapprobation ran through the ranks ; to this succeeded reproaches and threats ; and the fury of the multitude rising in a moment above every restraint of decency or respect, flights of arrows and volleys of stones poured in so violently upon the ramparts, that before the Spanish soldiers appointed to cover Montezuma with their bucklers, had time to lift them in his defence, two arrows wounded the unhappy monarch, and the blow of a stone on his temple struck him to the ground. On seeing him fall, the Mexicans were so much astonished, that with a transition not uncommon in popular tumults, they passed in a moment from one extreme to the other ; remorse succeeded to insult, and they fled with horror, as if the vengeance of heaven were pursuing the crime which they had committed. The Spaniards without molestation carried Montezuma to his apart- ments, and Cortes hastened thither to console him under his misfortune. But the unhappy monarch now perceived how low he was sunk, and the haughty spirit which seemed to have been so long extinct, returning, he scorned to survive this last humiliation, and to protract an ignominious life, not only as the prisoner and tool of his enemies, but as the object of contempt or detestation among his sub- jects. In a transport of rage he tore the bandages from his wounds, and refused, with such obstinacy, to take any nourishment, that he soon ended his wretched days, rejecting with disdain all the solicitations of the Spaniards to embrace the Christian faith. Upon the death of Montezuma, Cortes having lost all hope of bringing the Mexicans to an accommoda- tion, saw no prospect of safety but in attempting a retreat, and began to prepare for it. But a sudden motion of the Mexicans engaged him in new con- flicts. They took possession of a high tower in the great temple which overlooked the Spanish quarters, and placing there a garrison of their principal war- riors, not a Spaniard could stir without being exposed to their missile weapons. From this post it was necessary to dislodge them at any risk ; and Juan de Escobar, with a numerous detatchment of chosen soldiers, was ordered to make the attack. But Escobar, though a gallant oflicer, and at the head of troops accustomed to conquer, and who now fought under the eyes of their countrymen, was thrice re- pulsed. Cortes, sensible that not only the reputation but the safety of his army depended on the success of this assault, ordered a buckler to be tied to Iris arm, as he could not manage it with his wounded hand, and rushed with his drawn sword into the thickest of the combatants. Encouraged by ' the presence of their general, the Spaniards returned to the charge with such vigour, that they gradually forced their way up the steps, and drove the Mexi- cans to the platform at the top of the tower. There a dreadful carnage began, when two young Mexicans of high rank, observing Cortes as he animated his soldiers by his voice and example, resolved to sacri- fice their own lives in order to cut off the author of all the calamities which desolated their country. They approached him in a supplicant posture, as if they had intended to lay down their arms, and seizing him in a moment, hurried him towards the battlements, over which they threw themselves ^headlong, in hopes of dragging him along to be dashed in pieces by the same fall. But Cortes, by his strength and agility, broke loose from their grasp, and the gallant youths perished in this generous attempt to save their country. As soon as the Spaniards became masters of the tower, they set fire to it, and, without further molestation, continued the preparations for their retreat. This became the more necessary, as the Mexican! were so much astonished at the last effort of the Spanish valour, that they began to change their whole system of hostility, and, instead of incessant attacks, endeavoured, by barricading the streets, and break- ing down the causeways, to cut off the communication of the Spaniards with the continent, and thus to starve an enemy whom they could not subdue. Th first point to be determined by Cortes and his fol- lowers was, whether they should march out open in the face of day, when they could discern every danger, and see how to regulate their own motions, as well as how to resist the assaults of the enemy ; or, whether they should endeavour to retire secretly in the night ? The latter was preferred, partly from hopes that their national superstition would restrain the Mexicans from venturing to attack them in the night, and partly from their own fond belief in the predictions of a private soldier, who having acquired universal credit by a smattering of learning, and hi pretensions to astrology, boldly assured his country- men of success if they made their retreat in thia manner. They began to move, towards midnight, in three divisions. Sandoval led the van ; Pedro Alva- rado, and Velasquez de Leon, had the conduct of the rear ; and Cortes commanded in the centre, where he placed the prisoners, among whom were a son and two daughters of Montezuma, together with several Mexicans of distinction, the artillery, the baggage, and a portable bridge of timber, intended to be laid over the breaches in the causeway. They marched in profound silence along the causeway which led to Tacuba, because it was shorter than any of the rest, and, lying most remote from the road towards Tlas- cala and the sea-coast, had been left more entire by the Mexicans. They reached the first breach in it without molestation, hoping that their retreat was undiscovered. But the Mexicans, unperceived, had not only- watched all their motions with attention, but had made proper dispositions for a most formidable attack. While the Spaniards were intent upon placing their bridge in the breach, and occupied in conductino- their horses and artillery along it, they were suddenly alarmed with a tremendous sound of warlike instruments, and a general shout from an innumerable multitude of enemies; the lake was covered with canoes ; flights of arrows and showers of stones poured in upon them from every quarter ; the Mexicans rushing forward to the charge with 124 THE HISTORY OP AMERICA. fearless impetuosity, as if they hoped in that moment to be avenged for all their wrongs. Unfortunately the wooden bridge, by the weight of the artillery, was wedged so fast into the stones and mud, that it was impossible to remove it. Dismayed at this accident, the Spaniards advanced with precipitation towards the second breach. The Mexicans hemmed them in on every side, and though they defended themselves with their usual courage, yet crowded together as they were on a narrow causeway, their discipline and military skill were of little avail, nor did the obscurity of the night permit them to derive great advantage from their fire arms, or the superi- ority of their other weapons. All Mexico was now in arms, and so eager were the people on the destruction of their oppressors, that they who were not near enough to annoy them in person, impatient of delay, pressed forward with such ardour, as drove on their countrymen in the front with irresistible riolence. Fresh warriors instantly filled the place of such as fell. The Spaniards, weary with slaughter, and unable to sustain the weight of the torrent that poured in upon them, began to give way. In a mo- ment the confusion was universal ; horse and foot, officers and soldiers, friends and enemies, were min- gled together ; and while all fought, and many fell, they could hardly distinguish from what hand the blow came. Cortes, with about a hundred foot soldiers and a few horse, forced his way over the two remaining breaches in the causeway, the bodies of the dead serving to fill up the chasms, and reached the main land. Having formed them as soon as they arrived, he returned with such as were yet capable of service, to assist his friends in their retreat, and to encourage them, by his presence and example, to persevere in the efforts requisite to effect it. He met with part of his soldiers, who had broke through the enemy, but found many more overwhelmed by the multitude of their agressors, or perishing in the lake ; and heard the piteous lamentations of others, whom the Mexi- cans, having taken alive, were carrying off in triumph to be sacrificed to the god of war. Before day, all who had escaped assembled at Tacuba. But when the morning dawned, and discovered to the view of Cortes his shattered battalion,, reduced to less than half its number, the survivors dejected, and most of them covered with wounds, the thougnts of what they had suffered, and the remembrance of so many faith- ful friends and gallant followers who had fallen in that night of sorrow, pierced his soul with such anguish, that while he was forming their ranks, and issuing some necessary orders, his soldiers observed the tears trickling from his eyes, and remarked with much satisfaction, that while attentive to the duties of a general, he was not insensible to the feelings of a man. In this fatal retreat many officers of distinction perished (118), and among these Velasquez de Leon, who having forsaken the party of his kinsman, the governor of Cuba, to follow the fortune of his com- panions, was, on that account, as well as for his superior merit, respected by them as the second per- son in the army. All the artillery, ammunition, and baggage, were lost ; the greater part of the horses, and above two thousand of the Tlascalans, were killed, and only a very small portion of the treasure which they had amassed was saved. This, which had been always their chief object, proved a great cause of their calamity; for many of the soldiers having so overloaded themselves with bars of gold as rendered them unfit for action, and retarded their flight, fell, ignominiously, the victims of their own inconsiderate avarice. Amidst so many disasters, it was some consolation to find that Aguilar and Marina, whose function as interpreters was of Mich essential importance, had made their escape. The first care of Cortes was to find some shelter for his wearied troops ; lor as the Mexicans infested them on every side, and the people of Tacuba began to take arms, he could not continue in his present station. Pie directed his march towards the rising ground, and having fortunately discovered a temple situated on an eminence, took possession of it. There he found not only the shelter for which he wished, but, what was no less wanted, some provi- sions to refresh his men ; and though the enemy did not intermit their attacks throughout the day, they were with less difficulty prevented from making any impression. During this time Cortes was engaged in deep consultation with his officers, concerning the route which they ought to take in their retreat. They were now on the west side of the lake. Tlas- cala, [the only place where they could hope for a friendly reception, lay about sixty-four miles to the east of Mexico ; so that they were obliged to go round the north end of the lake before they could fall into the road which led thither. A Tlascalan soldier undertook to be their guide, and conducted them through a country, in some places marshy, in others mountainous, in all ill cultivated and thinly peopled. They marched for six days with little respite, and under continual alarms, numerous bodies of the Mexicans hovering round them, sometimes harassing them at a distance with their missile weapons, and sometimes attacking them closely in front, in rear, in flank, with great boldness, as they now knew that they were not invincible. Nor were the fatigue and danger of those incessant conflicts the worse evils to which they were exposed. As the barren country through which they passed afforded hardly any provi- sions, they were reduced to feed on berries, roots, and the stalks of green maize; and at the very time that famine was depressing their spirits and wasting their strength, their situation required the most vigorous and unremitting exertions of courage and activity. Amidst those complicated distresses, one circumstance supported and animated the Spaniards. Their commander sustained this sad reverse of fortune with unshaken magnanimity. His presence of mind never forsook him ; his sagacity foresaw every event, and his vigilance provided for it. He was foremost in every danger, and endured every hardship with cheerfulness. The difficulties with which he was surrounded seemed to call forth new talents ; and his soldiers, though despairing them* selves, continued to follow him with increasing confi- dence in his abilities. On the sixth day they arrived near to Otumba, not far from the road between Mexico and Tlascaln. Early next morning they began to advance towards it, flying parties of the enemy still hanging on the rear ; and, amidst the insults with which they accompanied their hostilities, Marina remarked that they often exclaimed with exultation, " Go on, robbers ; go to the place where you shall quickly meet the vengeance due to your crimes." The meaning of this threat the Spaniards did not comprehend, until they reached the summit of an eminence before them. There a spacious valley opened to their view covered with a vast army, extending as far as the eye could reach. The Mexicans, while with one body of their troops they harassed the Spaniards in their retreat, had assembled their principal force on the other side of THE HISTORY OF AMERICA. 125 the lake; and marching along the road which led directly to Tlascala, posted it in the plain of Otumba, through which they knew Cortes must pass. At the sight of this incredible multitude, which they could survey at once from the rising ground, the Spaniards were astonished, and even the boldest began to despair. But Cortes, without allowing leisure for their fears to acquire strength by reflec- tion, after warning them briefly that no alternative now remained but to conquer or to die, led them instantly to the charge. The Mexicans waited their approach with unusual fortitude. Such, however, was the superiority of the Spanish discipline and arms, that the impression of this small body was irresistible: and whichever way its force was di- rected, it penetrated and dispersed the most nume- rous battalions. But while these gave way in one quarter, new combatants advanced from another, and the Spaniards, though successful in every attack, were ready to sink under those repeated efforts, without seeing any end to their toil, or any hope of victory. At that time Cortes observed the great standard of the empire, which was carried before the Mexican general, advancing; and fortunately recol- lecting to have heard, that on the fate of it depended the event of every battle, he assembled a few of his bravest officers, whose horses were still capable of gervice, and placing himself at their head, pushed forward towards the standard with an impetuosity which bore down every thing before it. A chosen body of nobles, who guarded the standard, made some resistance, but were soon broken. Cortes, with a stroke of his lance, wounded the Mexican general, and threw him to the ground. One of the Spanish officers alighting, put an end to his life, and laid hold of the imperial standard. The moment that their leader fell, and the standard, towards which all directed their eyes, disappeared, an universal panic struck the Mexicans, and, as if the bond which held them together had been dissolved, every ensign was lowered, each soldier threw away kis weapons, and all fled with precipitation to the mountains. The Spaniards, unable to pursue them far, returned to collect the spoils of the field, which were so valuable as to be some compensation for the wealth which they had lost in Mexico ; for in the enemy's army were most of their principal warriors dressed out in their richest ornaments, as if they had been marching to assured victory. Next day [July 8], to their great joy, they entered the Tlascalan territories. But amidst their satisfaction in having got beyond the precincts of an hostile country, they could not look forward without solicitude, as they were stil uncertain what reception they might meet with from allies, to whom they returned in a condition very different from that in which they had lately set out from their dominions. Happily for them, the enmity of the Tlascalans to the Mexican name was so invete- rate, their desire to avenge the death of their country- men so vehement, and the ascendant which Cortes had acquired over the chiefs of the republic so com- plete, that far from entertaining a thought of taking any advantage of the distressed situation in which they beheld the Spaniards, they received them with a tenderness and cordiality which quickly dissipatec all their suspicions. Some interval of tranquillity and indulgence wa now absolutely necessary ; not only that the Spaniard might give attention to the cure of their wounds which had been too long neglected, but in order t recruit their strength, exhausted by such a Ion, succession of fatigue and hardships. During this ortes learned that he and his companions were not he only Spaniards who had felt the effects of the lexican enmity. A considerable detachment which was marching from Zempoalla towards the capital lad been cut off by the people of Tepeaca. A smaller i )arty, returning from Tlascala to Vera Cruz, with the hare of the Mexican gold allotted to the garrison, tad been surprised and destroyed in the mountains. t .a juncture when the life of every Spaniard was of mportance, such losses were deeply felt. The chemes which Cortes was meditating rendered them >eculiarly afflictive to him. While his enemies, and ven many of his own followers^ considered the dis- sters which had befallen him as fatal to the progress f his arms, and imagined that nothing now remained >ut speedily to abandon a country which he had nvaded with unequal force, his mind, as eminent for >erseverance as for enterprise, was still bent on ccomplishing his original purpose of subjecting the Mexican empire to the crown of Castile. Severe and unexpected as the check was which he had received, t did not appear to him a sufficient reason for relin- quishing the conquests which he had already made, or against resuming his operations with better hopes of success. The colony at Vera Cruz was not only safe, but had remained unmolested. The people of Zempoalla and the adjacent districts had discovered no symptoms of defection. The Tlascalans continued aitliful to their alliance. On their martial spirit, easily roused to arms, and inflamed with implacable hatred of the Mexicans, Cortes depended for powerful aid. He had still the command of a body of Spaniards , equal in number to that with which he,had opened his way into the centre of the empire, and had taken possession of the capital ; so that with the benefit of greater experience, as well as more perfect know- ledge of the country, he did not despair of quickly recovering all that he had been deprived of by untoward events. Full of this idea, he courted the Tlascalan chiefs with such attention, and distributed among them so liberally the rich spoils of Otumba, that he was secure of obtaining whatever he should require of the republic. He drew a small supply of ammunition, and two or three field-pieces, from his stores at Vera Cruz. He despatched an officer of confidence with four ships of Narvaez's fleet to Hispaniola and Jamaica, to engage adventurers, and to purchase horses, gun-powder, and other military stores. As he knew that it would be vain to attempt the reduc- tion of Mexico unless he could secure the command of the lake, he gave orders to prepare, in the moun- tains of Tlascala, materials for building twelve brig- antines, so that they might be carried thither in pieces ready to be put together, and launched when he stood in need of their service. But while, with provident attention, he was taking those necessary steps towards the execution of his measures, an obstacle arose in a quarter where it was least expected, but most formidable. The spirit of discontent and mutiny broke out in his own army. Many of Narvaez's followers were planters rather than soldiers, and had accompanied him to New Spain with sanguine hopes of obtaining settlements, but with little inclination to engage in the hardships and dangers of war. As the same motives had induced them to enter into their new engagements with Cortes, they no sooner became acquainted with the nature of the service, than they bitterly repented of their choice. Such of them as had the good fortune to survive the perilous adventures in which their own imprudence had involved them, happy in having 126 THE HISTORY OF AMERICA. made their escape, trembled at the thoughts of being exposed a second time to similar calamities. As soon as they discovered the intention of Cortes, they began secretly to murmur and cabal, and waxing gradually more audacious, they, in a body, offered a remonstrance to their general against the imprudence of attacking a powerful empire with his shattered forces, and formally required him to lead them back directly to Cuba. Though Cortes, long practised in the arts of command, employed arguments, entreaties, and presents to convince or to soothe them ; though his own soldiers, animated with the spirit of their leader, warmly seconded his endeavours; he found their fears too violent and deep-rooted to be removed, and the utmost he could effect was to prevail with them to defer their departure for some time, on a promise that he would, at a more proper juncture, dismiss such as should desire it. That the malcontents might have no leisure to brood over the causes of their disaffection, he resolved instantly to call forth his troops into action. He proposed to chastise the people of Tepeaca for the outrage which they had committed, and as the de- tachment which they had cut off happened to be composed mostly of soldiers who had served under Narvaez, their companions, from the desire of ven- geance, engaged the more willingly in this war. He took the command in person [August], accompanied by a numerous body of Tlascalans, and in the space of a few weeks, after various encounters, with great slaughter of the Tepeacans, reduced that province to subjection. During several months, while he waited for the supplies of men and ammunition which he expected, and was carrying on his preparations for constructing the brigantines, he kept his troops con- stantly employed in various expeditions against the adjacent provinces, all of which were conducted with an uniform tenor of success. By these, his men became again accustomed to victory, and resumed their wonted sense of superiority ; the Mexican power was weakened ; the Tlascalan warriors acquired the habit of acting in conjunction with the Spaniards ; and the chiefs of the republic, delighted to see their country enriched with the spoils of all the people around them, and astonished every day with fresh discoveries of the irresistible prowess of their allies, declined no effort requisite to support them. ,' All those preparatory arrangements, however, though the most prudent and efficacious which the situation of Cortes allowed him to make would have been of little avail without a reinforcement of Spanish soldiers. Of this he was so deeply sensible, that it was the chief object of his thoughts and wishes ; and yet his only prospect of obtaining it, from the return of the officer whom he had sent to the isles to solicit aid, was both distant and uncertain. But what neither his own sagacity nor power could have pro- cured, he owed to a series of fortunate and unforeseen incidents. The governor of Cuba, to whom the suc- cess of Narvaez appeared an event of infallible certainty, having sent two small ships after him with new instructions, and a supply of men and military- stores, the officer whom Cortes had appointed lo command on the coast, artfully decoyed them into the harbour of Vera Cruz, seized the vessels, and easily persuaded the soldiers to follow the standard of a more able leader than him whom they were destined to join. Soon after, three ships of more considerable force came into the harbour separately. These belonged to an armament fitted out by Fran- cisco de Garay, governor of Jamaica, who, being possessed Avith the rage of discovery and conquest which animated every Spaniard settled in America, had long aimed at intruding into some district of New Spain, and dividing with Cortes the glory and gain of annexing that empire to the crown of Castile. They unadvisedly made their attempt on the northern provinces, where the country was poor, and the people fierce and warlike ; and after a cruel succession of disasters, famine compelled them to venture into Vera Cruz [October 28], and cast themselves upon the mercy of their countrymen. Their fidelity was not proof against the splendid hopes and promises which had seduced other adventurers, and as if the spirit of revolt had been contagious in New Spain, they likewise abandoned the master whom they were bound to serve, and enlisted under Cortes. Nor was it America alone that furnished such unexpected aid.; a ship arrived from Spain, freighted by some private merchants with military stores, in hopes of a profitable market in a country, the fame of whose opulence began to spread over Europe. Cortes eagerly purchased a cargo which to him was invalu- able, and the crew, following the general example, joined him at Tlascala. From those various quarters, the army of Cortes was augmented with a hundred and eighty men, and twenty horse, a reinforcement too inconsiderable to produce any consequence which would entitle it to have been mentioned in the history of other parts of the globe. But in that of America, where great revolutions were brought about by causes which seemed to bear no proportion to their effects, such small events rise into importance, because they were sufficient to decide with respect to the fate of king- doms. Nor is it the least remarkable instance of the singular felicity conspicuous in many passages of Cortes' s story, that the two persons chiefly instru- mental in furnishing him with those seasonable supplies, should be an avowed enemy who aimed at his destruction, and an envious rival who wished to supplant him. The first effect of the junction with his new followers was to enable him to dismiss such of Narvaez's soldiers as remained with reluctance in his service. After their departure, he still mustered five hundred and fifty in- fantry, of which fourscore were armed with muskets or cross-bows, forty horsemen, and a train of nine field- pieces. At the head of these, accompanied by ten thousand Tlascalans and other friendly Indians, Cortes bes;an his march towards Mexico, on the twenty-eighth of December, six months after his dis- astrous retreat from that city. Nor did he advance to attack an enemy unprepared to receive him. Upon the death of Montezuma, the Mexican chiefs, in whom the right of electing the emperor was vested, had instantly raised his brother Quetlavaca to the throne. His avowed and invete- rate enmity to the Spaniards would have been suffi- cient to gain their suffrages, although he had been ess distinguished for courage and capacity. He had an immediate opportunity of showing that he was worthy of their choice, by conducting, in person, those fierce attacks which compelled the Spaniards to abandon his capital ; and as soon as their retreat afforded them any respite from action, he took mea- sures for preventing their return to Mexico, with prudence equal to the spirit which he had displayed in driving them out of it. As, from the vicinity of Tlascala, he could not be unacquainted with the motions and intentions of Cortes, he observed the storm that was gathering, and began early to provide against it. He repaired what the Spaniards had ruined in the city, and strengthened it with such new THE HISTORY OP AMERICA. 127 fortifications as the skill of his subjects was capable of erecting. Besides filling his magazines with the usual weapons of war, he gave directions to make long spears headed with the swords and daggers taken from the Spaniards, in order to annoy the cavalry. He summoned the people in every province of the empire to take arms against their oppressors, and as an encouragement to exert themselves with vigour, he promised them exemption from all the taxes which his predecessors had imposed. But what he laboured with the greatest earnestness was, to deprive the Spaniards of the advantages which they derived from the friendship of the Tlascalans, by endeavouring to persuade that people to renounce all connexion with men, who were not only avowed enemies of the gods whom they worshipped, but who would not fail to subject them at last to the same yoke, which they were now inconsiderately lending their aid to impose upon others. These representations, no less striking than well founded, were urged so forcibly by his am- bassadors, that it required all the address of Cortes to prevent their making a dangerous impression. But while Quetlavaca was arranging his plan of defence, with a degree of foresight uncommon in an American, his days were cut short by the small-pox. This distemper, which raged at that time in New Spain with fatal malignity, was unknown to that quarter of the globe until it was introduced by the Europeans, and may be reckoned among the greatest calamities brought upon them by their invaders. In his stead the Mexicans raised to the throne Guatimo- 2in, nephew and son-in-law of Montezuma, a young man of such high reputation for abilities and valour, that in this dangerous crisis his countrymen, with one voice, called him to the supreme command. [A. D. 1521.] As soon as Cortes entered the enemy's territories, he discovered various preparations to obstruct his progress. But his troops forced their way with little difficulty, and took possession of Tezeuco, the second city of the empire, situated on the banks of the lake, about twenty miles from Mexico. Here he determined to establish his head-quarters, as the most proper station for launching his brigan- tines, as well as for making his approaches to the capital. In order to render his residence there more secure, he deposed the cazique or hief who was at the head of their community, under pretext of some defect in his title, and substituted in his place a person whom a faction of the nobles pointed out as the right heir of that dignity. Attached to him by this benefit, the new cazique and his adherents served the Spaniards with inviolable fidelity. As the preparations for constructing the brigan- tines advanced slowly under the unskilful hands of soldiers and Indians, whom Cortes was obliged to employ in assisting three or four carpenters who happened fortunately to be in his service, and as he had not yet received the reinforcement which he ex- pected from Hispaniola, he was not in a condition to turn his arms directly against the capital. To have attacked, at this period, a city so populous, so well prepared for defence, and in a situation of such pecu- liar strength, must have exposed his troops to inevi- table destruction. Three months elapsed before the materials for the brigantines were finished, and before he heard any thing with respect to the success of the officer whom he had sent to Hispaniola. This, how- ever, was not a season of inaction to Cortes. He attacked successively several of the towns situated around the lake ; and though all the Mexican power was exerted to obstruct his operations, he either com- pelled them to ^submit to the Spanish crown, or reduced them to ruins. The inhabitants of other towns he endeavoured to conciliate by more gentle means, and though he could not hold any intercourse with them but by the intervention of interpreters, yet, under all the disadvantages of that tedious and im- perfect mode of communication, he had acquired such thorough knowledge of the state of the country, as well as of the disposition of the people, that he conducted his negociations and intrigues with asto- nishing dexterity and success. Most of the cities adjacent to Mexico Avere originally the capitals of small independent states ; and some of them, having been but lately annexed to the Mexican empire, still retained the remembrance of their ancient liberty, and bore with impatience the rigorous yoke of their new masters. Cortes having early observed symp- toms of their disaffection, availed himself of this knowledge to gain their confidence and friendship. By offering them with confidence to deliver them from the odious dominion of the Mexicans, and by liberal promises of more indulgent treatment if they would unite with him against their oppressors, he prevailed on the people of several considerable dis- tricts, not only to acknowledge the king of Castile as their sovereign, but to supply the Spanish camp with provisions, and to strengthen his army with auxiliary troops. Guatimozin, on the first appear- ance of defection among his subjects, exerted himself with vigour to prevent or to punish their revolt ; but, in spite of his efforts, the spirit continued to spread. The Spaniards gradually acquired new allies, and with deep concern he beheld Cortes arming against his empire those very hands which ought to have been active in its defence ; and ready to advance against the capital at the head of a numerous body of his own subjects. While, by those various methods, Cortes was gra- dually circumscribing the Mexican power in such a manner that his prospect of overturning it seemed neither to be uncertain nor remote, all his schemes were well nigh defeated by a conspiracy no less un- expected than dangerous. The soldiers of Narvaez had never united perfectly with the original compa- nions of Cortes, nor did they enter into his measures with the same cordial zeal. Upon every occasion that required any extraordinary effort of courage or of pa- tience, their spirits were apt to sink ; and now, on a near view of what they had to encounter, in attempt- ing to reduce a city so inaccessible as Mexico, and defended by a numerous army, the resolution even of those among them who had adhered to Cortes when he was deserted by their associates, began to fail. Their fears led them to presumptuous and unsoldier- like discussions concerning the propriety of their general's measures, and the improbability of their success. From these they proceeded to censure and invectives, and at last began to deliberate how they might provide for their own safety, of which they deemed their commander to be totally negligent. Antonio Villefagna, a private soldier, but bold, in- triguing, and strongly attached to Velasquez, artfully fomented this growing spirit of disaffection. His quarters became the rendezvous of the mal-contents, where, after many consultations, they could discover no method of checking Cortes in his career, but by assassinating him and his most considerable officers, and conferring the command upon some person who would relinquish his wild plans, and adopt measures more consistent with the general security. Despair inspired them with courage. The hour for perpe- trating the crime, the persons whom they destined as victims, the officers to succeed them in command 128 THE HISTORY OF AMERICA. were all named; and the conspirators signed an association, by which they bound themselves with most solemn oaths to mutual fidelity. But on the evening before the appointed day, 'one of Cortes's ancient followers, who had been seduced into the conspiracy, touched with compunction at the imminent danger of a man whom he had long been accustomed to revere, or struck with horror at his own treachery, went privately to his general, and revealed to him all that he knew. Cortes, though deeply alarmed, discerned at once what conduct was proper in a situation so critical. He repaired instantly to Villefagna's quar- ters, accompanied by some of his most trusty officers. The astonishment and confusion of the man at this unexpected visit anticipated the confession of his guilt. Cortes, while his attendants seized the traitor, snatched from his bosom a paper containing the asso- ciation, signed by the conspirators. Impatient to know how far the defection extended, he retired to read it, and found there names which filled him with surprise and sorrow. But aware how dangerous a strict scrutiny might prove at such a juncture, he confined his judicial inquiries to Villefagna alone. As the proofs of his guilt were manifest, he was con- demned after a short trial, and next morning he was seen hanging before the door of the house in which he had lodged. Cortes called his troops together, and having explained to them the atrocious purpose of the conspirators, as well as the justice of the pun- ishment inflicted on Villefagna, he added, with an appearance of satisfaction, that he was entirely igno- rant with respect to all the circumstances of this dark transaction, as the traitor, when arrested, had sud- denly torn and swallowed a paper which probably contained an account of it, and under the severest tortures possessed such constancy as to conceal the names of his accomplices. This artful declaration restored tranquillity to many a breast that was throb- bing, while he spoke, with consciousness of guilt and dread of detection ; and by this prudent moderation, Cortes had the advantage of having discovered, and of being able to observe, such of his followers as were disaffected; while they, flattering themselves that their past crime was unknown, endeavoured to avert any suspicion of it, by redoubling their activity and zeal in his service. Cortes did not allow them leisure to ruminate on what had happened ; and, as the most effectual means of preventing the return of a mutinous spirit, he de- termined to call forth his troops immediately to action. Fortunately a proper occasion for this occurred with- out his seeming to court it. He received intelligence that the materials for building the brigantines were at length completely finished, and waited only for a body of Spaniards to conduct them to Tezeuco. The com- mand of this convoy, consisting of two hundred foot soldiers, fifteen horsemen, and two field-pieces, he gave to Sandoval, who, by the vigilance, activity, and courage which he manifested on every occasion, was growing daily in his confidence, and in the esti- mation of his fellow-soldiers. The service was no less singular than important ; the beams, the planks, the masts, the cordage, the sails, the iron-work, and all the infinite variety of articles requisite for the con- etruction of thirteen brigantines, were to be carried sixty miles over land, through a mountainous coun- try, by people who were unacquainted with the ministry of domestic animals, or the aid of machines to facilitate any work of labour. The Tlascalans furnished eight thousand Tamenes, an inferior order of men destined for servile tasks, to carry the materials on their shou'ders, and appointed fifteen thousand warriors to accompany and ^defend them. Sandoval made the disposition for their progress with great propriety, placing the Tamenes in the centre, one body of warriors in the front, another in the rear, with considerable parties to cover the flanks. To each of these he joined some Spaniards, not only to assist them in danger, but to accustom them to regularity and subordination. A body so numer- ous, and so much encumbered, advanced leisurely, but in excellent order ; and in some places, where it was confined by the woods or mountains, the line of march extended above six miles. Parties of Mexicans frequently appeared hovering around them on the high grounds ; but perceiving no prospect of success in attacking an enemy continually on his guard, and prepared to receive them, they did not venture to molest him ; and Sandoval had the glory of conduct- ing safely to Tezeuco a convoy on which all the future operations of his countrymen depended. This was followed by another event of no less moment. Four ships arrived at Vera Cruz fromHis- paniola, with two hundred soldiers, eighty horses, two battering cannon, and a considerable supply of ammunition and arms. Elevated with observing that all his preparatory schemes, either for recruiting his own army, or impairing the force of the enemy, had now produced their full effect, Cortes, impatient to begin the siege in form, hastened the launching of the brigantines. To facilitate this he had employed a vast number of Indians, for two months, in deep- ening the small rivulet which runs by Tezeuco into the lake, and in forming it into a canal near two miles in length (119); and though the Mexicans, aware of his intentions, as well as of the danger which threatened them, endeavoured frequently to interrupt tho labourers, or to burn the brigantines, the work was at last completed. On the twenty-eighth of April all the Spanish troops, together with the aux- iliary Indians, wore drawn up on the banks of the canal ; and with extraordinary military pomp, ren- dered more solemn by the celebration of the most sacred rites of religion, the brigantines were launched. As they fell down the canal in order, father Olmedo blessed them, and gave each its name. Every eye followed them with wonder and hope, until they en- tered the lake, when they hoisted their sails, and bore away before the wind. A general shout of joy was raised ; all admiring that bold inventive genius, which, by means so extraordinary that their success almost exceeded belief, had acquired the command of a fleet, without the aid of which Mexico would have con- tinued to set the Spanish power and arms at defiance. Cortes determined to attack the city from three different quarters ; from Tepeaca on the north side of the lake,- from Tacuba on thewest, and from Cuyo- can towards the south. Those towns were situated on the principal causeways which led to the capital, and intended for their defence. He appointed San- doval to command in the first, Pedro de Alvarado in the second, and Chris toval de Olid in the third ; al- lotting to each a numerous body of Indian auxiliaries, together with an equal division of Spaniards, who, by the junction of the troops from Hispaniola, amounted now to eighty-six horsemen, and eight hundred and eighteen foot soldiers ; of whom one hundred and eighteen were armed with muskets or cross-bows. The train of artillery consisted of three battering cannon, and fifteen field-pieces. He reserved for him- self, as the station of greatest importance and danger, the conduct of the brigantines, each armed with one of his small cannon, and manned with twenty-five Spaniards, ^ THE HISTORY OP AMERICA. [May 10.] As Alvarado and Olid proceeded to- wards the posts assigned them, they broke down the aqueducts which the ingenuity of the Mexicans had erected for conveying water into the capital, and by the distress to which this reduced the inhabitants, gave a beginning to the calamities which they were destined to suffer. Alvarado and Olid found the towns of which they were ordered to take possession deserted by their inhabitants, who had fled for safety to the capital, were Gautimozin had collected the chief force of his empire, as there alone he could hope to make a successful stand against the for- midable enemies who were approaching to assault him. The first effort of the Mexicans was to destroy the fleet of brigantines, the fatal effects of whose oper- ations they foresaw and dreaded. Though the bri- gantines, after all the labour and merit of Cortes in forming them, were of inconsiderable bulk, rudely constructed, and manned chiefly with landsmen, hardly possessed of skill enough to conduct them, they must have been objects of terror to a people un- acquainted with any navigation but that of their lake, and possessed of no vessel larger than a canoe. Ne- cessity, however, wired Guatimozin to hazard the attack ; and hoping to supply by numbers what he wanted in force, he assembled such a multitude of canoes as covered the face of the lake. They rowed on boldly to the charge, while the brigantines, re- tarded by a dead calm, could scarcely advance to meet them. But as the enemy drew near, a breeze suddenly sprung up ; in a moment the sails were spread, the brigantines, with the utmost ease broke through their feeble opponents, overset many canoes, and dissipated the wholearmament with such slaughter as convinced the Mexicans, that the progress of the Europeans in knowledge and arts rendered their superiority greater on this new element than they had hitherto found it by land. From that time Cortes remained master of the lake, and the brigantines not only preserved a communica- tion between the Spaniards in their different stations, though at considerable distance from each other, but were employed to cover the causeways on each side, and keep off the canoes, when they attempted to annoy the troops as they advanced towards the city. Cortes formed the brigantines into three divisions, appointing one to cover each of the stations from which an attack was to be carried on against the city, with orders to second the operations of the ofiicer who commanded there. From all the three stations he pushed on the attack against the city with equal vigour ; but in a manner so very different from the conduct of sieges in regular war, that he himself seems afraid it would appear no less improper than singular, to persons unacquainted with his situation, j Each morning his troops assaulted the barricades which the enemy had erected on the causeways, forced their way over the trenches which they had dug, and through the canals where the bridges were broken down, and endeavoured to penetrate into the heart of the city, in hopes of obtaining some decisive advantage, which might force the enemy to surrender, and terminate the war at once; but when the obstinate valour of the Mex- icans rendered the efforts of the day ineffectual, the Spaniards retired in the evening to their former quarters. Thus their toil and danger were, in some measure, continually renewed; the Mexicans re- pairing in the night what the Spaniards had de- stroyed through the day, and recovering the posts from which they had driven them. But necessity THE HISTORY OF AMERICA, No, 17. prescribed this slow and untoward mode of operation. The number of his troops were so small, that Cortes durst not, with a handful of men, attempt to make a lodgment in a city where he might be surrounded and annoyed by such a multitude of enemies. The remembrance of what he had already suffered by the ill-judged confidence with which he had ventured into such a dangerous situation, was still fresh in his mind. The Spaniards, exhausted with fatigue, were unable to guard the various posts which they' daily gained ; and though their camp was filled with Indian auxiliaries, they durst not devolve this charge upon them, because they were so little accustomed to dis- cipline, that no confidence could be placed in their vigilance. Besides this, Cortes was extremely solici- tous to preserve the city as much as possible from being destroyed, both because he destined it to be the capital of his conquests, and wished that it might remain as a monument of his glory. From all these considerations, he adhered obstinately, for a month after the siege was opened, to the system which he had adopted. The Mexicans in their own defence, displayed valour which was hardly inferior to that with which the Spaniards attacked them. On land, on water, by night and by day, one furious conflict succeeded to another. Several Spaniards were killed, more wounded, and all were ready to sink under the toils of unremitting service, which were rendered more intolerable by the injuries of the season, the periodical rains being now set in with their usual violence. Astonished and disconcerted with the length and difficulties of the siege, Cortes determined to make one great effort to get possession of the city, before he relinquished the plan which he had hitherto fol- lowed, and had recourse to any other mode of attack. With this view, he sent instructions to Alvarado and Sandoval to advance with their divisions to a general assault, and took the command in person of that posted on the causeway of Cuyocan. Animated by his presence, and the expectation of some decisive event [July 3], the Spaniards pushed forward with irresistible impetuosity. They broke through one barricade after another, forced their way over the ditches and canals, and having entered the city, gained ground incessantly, in spite of the multitude and ferocity of their opponents. Cortes, though delighted with the rapidity of his progress, did not forget that he might still find it necessary to retreat; and in order to secure it, appointed Julien de Aide- rete, a captain of chief note in the troops which he had received from Hispaniola, to fill up the canals and gaps in the causeway as the main body advanced. That officer, deeming it inglorious to be thus em- ployed while his companions were in the heat of action and the career of victory, neglected the important charge committed to him, and hurried on, inconsiderately, to mingle with the combatants. The Mexicans, whose military attention and skill were daily improving, no sooner observed this, than they carried an account of it to their monarch. Guatimozin instantly discerned the consequence of the error which the Spaniards had committed, and, with admirable presence of mind, prepared to take advantage of it. He commanded the troops posted in the front to slacken their efforts, in order to allure the Spaniards to push forward, while he dispatched a large body of chosen warriors through different streets, some by land and others by water, towards the great breach in the causeway, which had been left open. On a signal which he gave, the priests in (he principal temple struck the great drum conse- S 130 THE HISTORY OF AMERICA. crated to the god of war. No sooner did the Mexicans hear its doleful solemn sound, calculated to inspire them with contempt of death and enthusiastic ardour, than they rushed upon the enemy with frantic rage. The Spaniards, unable to resist men urged on no less "by religious fury than hope of success, began to l-etire, at first leisurely, and with a good countenance; lut as the enemy pressed on, and their own impa- tience to escape increased, the terror and confusion "became so general, that when they arrived at the gap in the causeway, Spaniards and Tlascalans, horsemen and infantry, plunged in promiscuously, while the Mexicans rushed upon them fiercely from every side, their light canoes carrying them through shoals which the brigantines could not approach. In vain tlid Cortes attempt to stop and rally his flying troops ; faar rendered them regardless of his entreaties or commands. Finding all his endeavours to renew the combat fruitless, his next care was to save some of those who had thrown themselves into the water ; hut while thus employed, with more attention to their situation than his own, six Mexican captains suddenly laid hold of him, and were hurrying him off in triumph ; and though two of his officers rescued him at the expence of their own lives, he received several dangerous wounds before he could break loose. Above sixty Spaniards perished in the rout ; and what rendered the disaster more afflicting, forty of these fell alive into the hands of an enemy never jknown to show mercy to a captive. The approach of night, though it delivered the de- jected Spaniards from the attacks of the enemy, ushered in what was hardly less grievous, the noise of their barbarous triumph, and of the horrid festival with which they celebrated their victory. Every quarter of the city was illuminated ; the great temple shone with sueh peculiar splendour, that the Span- iards could plainly see the people in motion, and the priests busy in hastening the preparations for the death of the prisoners. Through the gloom, they fancied that they discerned their companions by the whiteness of their skins, as they were stript naked, and compelled ^to dance before the image of the god to whom they were to be offered. They heard the shrieks of those who were sacrificed, and thought that they could distinguish each unhappy victim by the well-known sound of his voice. Imagination added to what they really saw or heard, and augmented its horror. The most unfeeling melted into tears of compassion, and the stoutest heart trembled at the dreadful spectacle which they beheld (120). Cortes, who, besides all that he felt in common with his soldiers, was oppressed with the additional load of anxious reflections natural to a general on such an unexpected calamity, could not, like them, relieve his mind by giving vent to its anguish. He was obliged to assume an air of tranquillity, in order to revive the spirit and hopes of his followers. The juncture, indeed, required an extraordinary exertion of forti- tude. The Mexicans, elated with their victory, sallied out next morning to attack him in his quarters. But they did not rely on the efforts of their own arms alone. They sent the heads of the Spaniards whom they had sacrificed to the leading men in the adjacent provinces, and assured them that the god of war, appeased by the blood of their invaders, which had been shed so plentifully on his altars, had declared with an audible voice, that in eight days' time those hated enemies should be finally destroyed, and pace and prosperity re-established in the empire. A prediction uttered with such confidence, and in terms so void of ambiguity, gained universal credit among a people prone to superstition. The zeal of the provincies which had already declared against the Spaniards augmented; and several which had hitherto remained inactive, took arms, with enthusi- astic ardour, to execute the decree of the gods. The Indian auxiliaries who had joined Cortes, accustomed to venerate the same deities with the Mexicans, and to receive the responses of their priests with the same implicit faith, abandoned the Spaniards as a race of men devoted to certain destruction. Even the fidelity of the Tlascalans was shaken, and the Spanish troops were left almost alone in their stations. Cortes, finding that he attempted in vain to dispel the super- stitious fears of his confederates by argument, took advantage, from the imprudence of those who had framed the prophecy, in fixing its accomplishment so near at hand, to give a striking demonstration of its falsity. He suspended all military operations during the period marked out by the oracle. Under cover of the brigantines, which kept the enemy at a distance, his troops lay in safety, and the fatal term expired with- out any disaster. Many of his allies, ashamed of their own credulity, returned to their station. Other tribes, judging that the gods who had now deceived the Mexicans, had decreed finally to withdraw their protection from them, joined his standard; and such was the levity of a simple people, moved by every slight impression, that in a short time after such a general defection of his confederates, Cortes saw himself, if we may believe his own account, at the head of a hundred and fifty thousand Indians. Even with such a numerous army, he found it necessary to adopt a new and more wary system of operation. Instead of renewing his attempts to become master of the city at once, by such bold but dangerous efforts of valour as he had already tried, he made his advances gradually, and with every possible precaution against exposing his men to any calamity similar to that which they still bewailed. As the Spaniards pushed forward, the Indians regularly repaired the causeways hehind them. As soon as they got possession of any part of the town, the houses were instantly levelled with the ground. Day by day, the Mexicans, forced to retire as their enemies gained ground, were hemmed in within more narrow limits. Guatimozin, though unable to stop the career of the enemy, continued to defend his capital with obstinate resolution, and dis- puted every inch of ground. The Spaniards not only varied their mode of attack, but, by orders of Cortes, changed the weapons with which they fought. They were again armed with the long Chinantlan spears, which they had employed with such success against Narvaez ; and, by the firm array in which this enabled them to range themselves, they repelled, with little danger, the loose assault of the Mexicans ; incredible numbers of them fell in the conflicts which they renewed every day. While war wasted without, famine began to consume them within the city. The Spanish brigantines, having the entire command of the lake, rendered it almost impossible to convey to the besieged any supply of provisions by water. The immense number of his Indian auxiliaries enabled Cortes to shut up the avenues to the city by land. The stores which Guatimo/in had laid up were exhausted by Ihe multitudes which had crowded into the capital to defend their sovereign and the temples of their gods. Not only the people, but persons of the highest rank, felt the utmost distresses of famine. What they suffered brought on infectious and mortal distempers, the last calamity that visits besieged cities, and which filled up the measure of their woes. THE HISTOHY OP AMERICA, 131 But, under the pressure of so many and such variou evils, the spirit of Guatimozin remained firm ant unsubdued. He rejected, with scorn, every overture of peace from Cortes ; and, disdaining the idea o submitting to the oppressors of his country, deter- mined not to survive its ruin. The Spaniards con- tinued their progress [July 27]. At length all the three divisions penetrated into the centre of the city, and made a secure lodgment there. Three-fourths oi the city were now reduced, and laid in ruins. The remaining quarter was so closely pressed, that it could not long withstand assailants, who attacked it from their new station with superior advantage, and more assured expectation of success. The Mexican nobles, solicitous to save the life of a monarch whom they revered, prevailed on Guatimozin to retire from a place where resistance was now vain, that he might rouse the more distant provinces of the empire to arms, and maintain there a more successful struggle with the public enemy. In order to facilitate the execution of this measure, they endeavoured to amuse Cortes with the overtures of submission, that, while his attention was employed in adjusting the articles of pacification, Guatimozin might escape unperceived. But they made this attempt upon a leader of greater sagacity and discernment than to be deceived by their arts. Cortes, suspected their intention, and aware of what moment it was to defeat it, appointed Sandoval, the officer on whose vigilance he could most perfectly rely, to take the command of the brigantines, with strict injunctions to watch every motion of the enemy. Sandoval, attentive to the charge, observing some large canoes crowded with people rowing across the lake with extraordinary rapidity, instantly gave the signal to chase. Garcia Holguin, who commanded the swiftest sailing brigan- tine, soon overtook them, and was preparing to fire on the foremost canoe, which seemed to carry some person whom all the rest followed and obeyed. At once the rowers dropped their oars, and all on board, throwing down their arms, conjured him with cries and tears to forbear, as the emperor 1 was there. Hol- guin eagerly seized his prize ; and Guatimozin, with a dignified composure, gave himself up into his hands, requesting only that no insult might be offered to the empress or his children. When conducted to Cortes, he appeared neither with the sullen fierceness of a barbarian, nor with the dejection of a supplicant. "I have done," said he, addressing himse.f to the Spanish general, " what became a monarch. I have defended my people to the last extremity. Nothing how remains but to die. Take this dagger," laying his hand on one which Cortes wore, " plant it in my breast, and put an end to a life which can no longer be of use." [Aug. 13.] As soon as the fate of their sovereign was known, the resistance of the Mexicans ceased : and Cortes took possession of that small part of the capital which yet remained undestroyed. Thus termi- nated the siege of Mexico, the most memorable event in the conquest of America. It continued seventy- five days, hardly one of which passed without some extraordinary effort of one party in the attack, or of the other in the defence, of a city, on the fate of which both knew that the fortune of the empire depended. As the struggle here was more obstinate, it was likewise more equal, than any between the inhabitants of the Old and New Worlds. The great abilities of Guatimozin, the number of his troops, the peculiar situation of his capital, so far counter- balanced the superiority of the Spaniards in arms and discipline, that they must have relinquished the enter- prise if they had trusted for success to themselves alone. But Mexico was overturned by the jealousy of neighbours who dreaded its power, and by the revolt of subjects impatient to shake off its yoke. By their effectual aid, Cortes was enabled to accom- plish what, without such support, he would hardly have ventured to attempt. How much soever this account of the reduction of MexJco may detract, on. the one hand, from the marvellous relations of some Spanish writers, by ascribing that to simple and obvious causes which they attribute to the romantic valour of their countrymen, it adds, on the other, to the merit and abilities of Cortes, who, under every disadvantage, acquired such an ascendant over un- known nations, as to render them instruments towards carrying his schemes into execution (121). The exultation of the Spaniards on accomplishing; this arduous enterprise was at first excessive. But this was quickly damped by the cruel disappointment of those sanguine hopes, which had animated them amidst so many hardships and dangers. Instead of the inexhaustible wealth which they expected from becoming masters of Montczuma's treasures, and the ornaments of so many temples, their rapacious- ness could only collect an inconsiderable booty amidst ruins and desolation. Guatimozin, aware of his impending fate, had ordered what remained of the riches amassed by his ancestors to be thrown nto the lake. The Indian auxiliaries, while the Spaniards were engaged in conflict with the enemy, had carried off the most valuable part of the spoil. The sum to be divided among the conquerors was so small, that many of them disdained to iccept of the pittance which fell to their share, and all mur- mured and exclaimed ; some against Cortes and his confidants, whom they suspected of having secretly appropiated to their own r use a large portion of ;he riches which should have been brought into the common stock; others against Guatimozin, horn they accused of obstinacy, in refusing t discover the place where he had hidden his trea- re. Arguments, entreaties, and promises were employed n order to soothe them, but with so little effect, that fortes, from solicitude to check this growing spirit of discontent, gave way to a deed Avhich stains, the jlory of all his great actions. Without regarding the brmer dignity of Guatimozin, or feeling any reverence or those virtues which he had displayed, he subjected ,he unhappy monarch, together with his chief favou- rite, to torture, in order to force from them a discovery )f the royal treasures, which it was supposed they had concealed. Guatimozin bore whatever the refined cruelty of his tormentors could inflict, with the in- 'incible fortitude of an American warrior. His fellow- ufferer, overcome by the violence of the anguish, urned a dejected' eye towards his master, which eemed to implore his permission to reveal all that le knew. But the high-spirited prince, darting on lim a look of authority mingled with scorn, checked us weakness by asking, " Am I now reposing orx a ed of flowers ? " Overawed by the reproach, tha avourite persevered in his dutiful silence, and expired, fortes, ashamed of a scene so horrid, rescued the oyal victim from the hands of his torturers, and >rolonged a life reserved for new indignities and ufferings. j The fate of the capital, as both parties had foreseen, decided that of the empire. The provinces sub mitted me after another to the conquerors. Small detach- ments of Spaniards marched through them without nterruption, penetrated in different quarters to. the. 132 THE HISTORY OF AMERICA. great Southern occean, which, according to the ideas of Columbus, they imagined would open a short as well as easy passage to the East Indies, and secure to the crown of Castile all the envied wealth of those fertile regions ; and the active mind of Cortes began already to form schemes for attempting his import- ant discovery. He did not know, that during the progress of his victorious arms in Mexico, the very scheme of which he began to form some idea had been undertaken and accomplished. As this is one of the most splendid events in the history of the Spanish discoveries, and has been productive of effect* peculiarly interesting to those extensive provinces which Cortes had now subjected to the crown of Castile, the account of its rise and progress merits a particular detail. Ferdinand Magalhaens, or Magellan, a Portuguese gentleman of honourable birth, having served several years in the East Indies, with distinguished valour, under the famous Albuquerque, demanded the recom- pence which he thought due to his services, with the boldness natural to a high-spirited soldier. But as his general would not grant his suit, and he expected greater justice from his sovereign, whom he knew to be a good judge and a generous re warder of merit, he quitted India abruptly, and returned to Lisbon. In order to induce Emanuel to listen more favourably to his claim, he not only stated his past services, but oifered to add to them by conducting his countrymen to the Molucca or Spice Islands, by holding a west- terly course ; which he contended would be both shorter and less hazardous than that which the Portu- guese now followed by the Cape of Good Hope, through the immense extent of the Eastern Ocean. This was the original and favourite project of Colum- hus, and Magellan founded his hopes of success on the ideas of that great navigator, confirmed by many observations, the result of his own naval experience, as "well as that of his countrymen, in their intercourse with the East. But though the Portuguese monarchs had the merit of having first awakened and encouraged the spirit of discovery in that age, it was their destiny, in the course of a few years, to reject two grand schemes for this purpose, the execution of which would have been attended with a great accession of flory to themselves, and of power to their kingdom. n consequence of some ill-founded prejudice against Magellan, or of some dark intrigue which contempo- rary historians have not explained, Emanuel would neither bestow the recompence which he claimed, nor approveofthe schemewhich he proposed; and dismissed him with a disdainful coldness ; intolerable to a man conscious of what he deserved, and animated with the sanguine hopes of success peculiar to thosewho are ca- pable of forming or of conducting new and great under- takings [A. D. 1517]. In a transport of resentment Magel- lan formally renounced his allegiance to an ungrateful master, and fled to the Court of Castile, where he ex- pected that his talents would be most justly estimated. He endeavoured to recommend himself by offering to execute under the patronage of Spain, that scheme which he had laid before the court of Portugal, the accomplishment of which, he knew, would wound the monarch against whom he was exasperated in the most tender part. In order to establish the justness of his theory, he produced the same argu- ments which he had employed at Lisbon ; acknow- ledging, at the same time, that the undertaking was both arduous and expensive, as it could not bo attempted but with a squadron of considerable force, and victualled for at least two years. Fortunately, he applied to a minister who was not apt to be deterred, either by the boldness of a design, or the expense of carrying it into execution. Cardinal Ximenes, who at that time directed the affairs of Spain, discerning at once what an increase of wealth and gloiy would accrue to his country by the success of Magellan's proposal, listened to it with a most favourable ear. Charles V. on his arrival in his Spanish dominions, entered into the measure with no loss ardour, and orders were issued for equipping a proper squadron at the public charge, of which the command was given to Magellan, whom the king honoured with the habit of St. Jago, and the title of captain-general. On the tenth of August one thousand five hundred and nineteen, Magellan sailed from Seville with five ships, which, according to the ideas of the age, were deemed to be of considerable- force, though the burden of the largest did not exceed one hundred and twenty tons. The crews of the whole amounted to two hundred and thirty-four men, among whom were some of the most skilful pilots in Spain, and several Portuguese sailors in whose experience, as more extensive, Magellan placed still greater confidence. After touching at the" Canaries, he stood directly south towards the equinoctial line along the coast of America, but was so long retarded by tedious calms, and spent so much time in searching every bay and inlet for that communication with the Southern Ocean which he wished to discover, that he did not reach the river De la Plata till the twelfth of January. [A. D. 1520.] That spacious opening through whick its vast body of water pours into the Atlantic allured him to enter ; but after sailing up it for some days, he concluded, from the shallowness of the stream and the freshness of the water, that the wished-for strait was not situated there, and continued his course towards the south. On the thirty-first of March he arrived in the port of St. Julian, about forty-eight degrees south of the line, where he re- solved to winter. In this uncomfortable station he lost one of his squadron, and the Spaniards suffered so much from the excessive rigour of the climate, that the crews of three of his ships, headed by their officers, rose in open mutiny, and insisted on relin- quishing the visionary project of a desperate adven- turer, and returning directly to Spain. This dangerous insurrection Magellan suppressed by an effort of courage no less prompt than intrepid, and inflicted exemplary punishment en the ringleaders. With the remainder of his followers, overawed but not recon- ciled to his scheme, he continued his voyage towards the south, and at length discovered, near the fifty- third degree of latitude, the mouth of a strait, into which he entered, notwithstanding the murmurs and remonstrances of the people under his command. After sailing twenty days in that winding dangerous channel, to which he gave his own name, and where one of his ships deserted him, the great Southern Ocean opened to his view, and with tears of joy he returned thanks to Heaven for having thus far crowned his endeavours with success. But he was still at a greater distance than he imagined from the object of his wishes. He sailed during three months and twenty days in an uniform direction towards ths north-west, without discovering land. In this voyage, the longest that had ever been made in the unbounded ocean, he suffered incredible distress. His stock of provisions was almost ex- hausted, the water became putrid, the men were reduced to the shortest allowance with which it was possible to sustain life, and the scurvy, the most dreadful of all the maladies with which seafaring people are afflicted, began to spread among the crew. THE HISTORY OF AMERICA, 133 One circumstance alone afforded them some consola- tion ; they enjoyed an uninterrupted course of fair weather, with such favourable winds, that Magellan bestowed on that ocean the name of Pacific, which it still retains. When reduced to such extremity that they must have sunk under their sufferings, they fell in with a cluster of small hut fertile islands [March C], which afforded them refreshments in such abun- dance, that their health was soon re-established. From these isles, which he called De los Ladronei, he proceeded on his voyage, and soon made a more important discovery of the islands now known by the name of the Philippine*, In one of these he got into an unfortunate quarrel with the natives, who attacked him with a numerous body of troops well armed ; and while he fought at the head of his men with his usual valour, he fell by the hands of those barbarians [April 26], together with several of his principal officers. The expedition was prosecuted under other com- manders. After visiting many of the smaller isles scattered in the eastern part of the Indian Ocean, they touched at the great island of Borneo, and at length landed in Tidore, one of the Moluccas, to the astonishment of the Portuguese, who could not com- prehend how the Spaniards by holding a westerly course, had arrived at that sequestered seat of their most valuable commerce, which they themselves had discovered by sailing in an opposite direction. There, and in the adjacent isles, the Spaniards found a people acquainted with the benefits of extensive trade, and willing to open an intercourse with a new nation. They took in a cargo of the precious spices, which arc the distinguished productions of these islands ; and with that, as well as with specimens of the rich commodities yielded by the other countries which they had visited, the Victory, which, of the two ships that remained of the squadron, was most fit for a long voyage, set sail for Europe [January 1522], under the command of Juan Sebastian del Cano. He followed the course of the Portuguese, by the Cape of Good Hope, and after many disasters and sufferings he arrived at St. Lucar on the seventh of September one thousand five hundred and twenty-two, having sailed round the globe in the space of three years and twenty-eight days. Though an untimely fate deprived Magellan of the satisfaction of accomplishing this great undertaking, his contemporaries, just to his memory and talents, ascribed to him not only the honour of having formed the plan, but of having surmounted almost every obstacle to the completion of it ; and in the present age his name is still ranked amongst the highest in the roll of eminent and successful navigators. The naval glory of Spain now eclipsed that of every other nation ; and by a singular felicity she had the merit, in the course of a few years, of discovering a new continent almost as large as that part of the earth which was formerly known, and of ascertaining by experience the form and extent of the whole of the terraqueous globe. The Spaniards were not satisfied with the glory of having first encompassed the earth ; they expected to derive great commercial advantages from this new and "boldest effort of their maritime skill. The men of science among them contended, that the Spice Islands, and several of the richest countries in the east, were so situated as to belong of right to the crown of Cas- tile, in consequence of the partitions made by Alex- ander VI. The merchants, without attending to this discussion, engaged eagerly in that lucrative and alluring commerce which was t>ow opened to them. The Portuguese, alarmed at the intrusion of such formidable rivals, remonstrated and negociated in Europe, while in Asia they obstructed the trade of the Spaniards by force of arms. Charles V. not sufficiently instructed with respect to the importance of this valuable branch of commerce, or distracted by the multiplicity of his schemes and operations, did not afford his subjects proper protection. At last, the low state of his finances, exhausted by the efforts of his arms in every part of Europe, together with the dread of adding a new war with Portugal to those in which he was a'ready engaged, induced him to make over his claim of the Moluccas to the Portuguese for three hundred and fifty thousand ducats. He reserved, however, to the crown of Castile the right of reviving its pretensions on repayment of that sum; but other objects engrossed his attention and that of his successors ; and Spain was finally excluded from a branch of commerce in which it was engaging with sanguine expectations of profit. Though the trade with the Moluccas was relin- quished, the voyage of Magellan was followed by commercial effects of great moment to Spain. Philip II., in the year one thousand five hundred and sixty- four, reduce:! those islands which he discovered in the Eastern ocean to subjection, and established settlements there ; between which and the kingdom of New Spain a regular intercourse, the nature of which shall be explained in its proper place, is still carried on. I return now to the transactions in new Spain. At the time that Cortes was acquiring such ex- tensive territories for his native country, and preparing the way for future conquests, it was his singular fate not only to be destitute of any commission or autho- rity from the sovereign whom he wa serving with such successful zeal, but to be regarded as an un- dutiful and seditious subject. By the influence of Fonseca, bishop of Burgos, his conduct in assuming the government of New Spain was declared to be au irregular usurpation, in contempt of the royal autho- rity ; and Christoval de Tapia received a commissionj empowering him to supersede Cortes, to seize his person, to confiscate his effects, to make a strict scrutiny into his proceedings, and to transmit the result of all the inquiries carried on in New Spain to the council of the Indies, of which the bishop of Burgos was president. A few weeks after the re- duction of Mexico, Tapia landed at Vera Cruz, with the royal mandate to strip its conqueror of his power, and treat him as a criminal. But Fonseca had chosen a very improper instrument to wreak his vengeance on Cortes. Tapia had neither the repu- tation nor the talents that suited the high command to which he was appointed. Cortes, while he publicly expressed the most respectful veneration for the emperor's authority, secretly took measures to defeat the effect of his commission ; and having involved Tapia and his followers in a multiplicity of negoci- ations and conferences, in which he sometimes had recourse to threats, but more frequently employed bribes and promises, he at length prevailed upon that weak man to abandon a province which he was un- worthy of governing. [May 15.] But notwithstanding the fortunate dex- terity with which he had eluded this danger, Cortes was so sensible of the precarious tenure by which "he held his power, that he despatched deputies to Spain, with a pompous account of the success of his arms, with further specimens of the productions of the country, and with rich presents to the emperor, as the earnest of future contributions from his new conquests ; requesting, in recompence for all his ser 134 THE HISTORY OF AMERICA. vices, the approbation of his proceedings, and that he might be intrusted with the government of those domi- nions, which his conduct and the valour of his fol- lowers had added to the crown of Castile. The juncture in which his deputies reached the court was favourable. The internal commotions in Spain, which had dis- quieted the beginning of Charles's reign were just ap- peased. The ministers had leisure to turn their attention towards foreign affairs. The account of Cortes's victories filled his countrymen with admira- tion. The extent and value of his conquests became the object of vast and interesting hopes. Whatever stain he might have contracted, by the irregularity of the steps which he took in order to attain power, was so fully effaced by the splendour and merit of the great actions which this had enabled him to perform, that eveiy heart revolted at the thought of inflicting any censure on a man whose services entitled him to the highest marks of distinction. The public voice declared warmly in favour of his pretensions ; and Charles, arriving in Spain about this time, adopted the sentiments of his subjects with a youthful ardour. Notwithstanding the claims of Velasquez, and the partial representations of the bishop of Burgos, the emperor appointed Cortes saptain-general and gover- nor of New Spain, judging that no person was so capable of maintaining the royal 'authority, or of esta- blishing good order both among his Spanish and Indian subjects, as the victorious leader whom the former had long been accustomed to obey, and the latter had been taught to fear and to respect. Even before his jurisdiction received this legal sanc- tion, Cortes ventured to exercise all the powers of a governor, and by various arrangements, endeavoured to render his conquest a secure and beneficial acquisi- tion to his country. He determined te establish the seat of government in its ancient station, and to raise Mexico again from its ruins ; and having conceived high ideas concerning the future grandeur of the state of which he was laying the foundation, he began to re-build its capital on a plan which hath gradually formed the most magnificent city in the New World. At the same time, he employed skilful persons to search for mines in different parts of the country, and opened some which were found to be richer than any which the Spaniards had hitherto discovered in America. He detached his principal officers into the remote provinces, and encouraged them to settle there, not only by bestowing upon them large tracts of land, but by granting them the same dominion over the Indians, and the same right to their service, which the Spaniards had assumed in the islands. It was not, however, without difficulty, that the Mexican empire could be'entirely reduced into the form of a Spanish colony. Enraged and rendered desperate by oppression, the natives often forgot the superiority of their enemies, and ran to arms in defence of their liberties. In every contest, however, the European valour and discipline prevailed. But fatally for the honour of their country, the Spaniards sullied the glory redounding from these repeated victories, by their mode of treating the vanquished people. After taking Guatimozin, and becoming masters of his capital, they supposed that the king of Castile entered on possession of all the rights of the captive monarch, and affected to consider every effort of the Mexicans to assert their own independence, as the rebellion of vassals against their sovereign, or the mutiny of slaves against their master. Under the sanction of those ill-founded maxims, they violated every right that should be held sacred between hostile nations. After each insurrection, they reduced the common people, in the provinces which they subdued, to the most humiliating of all conditions, that of personal servitude. Their chiefs, supposed to be more crimi- nal, were punished with greater severity, and put to death in the most ignominious or the most excruci- ating mode that the insolence or the cruelty of their conquerors could devise. In almost every district of the Mexican empire, the progress of the Spanish arms is marked with blood, and with deeds so atrocious, as to disgrace the enterprising valour that conducted them to success. In the country of Panuco sixty caziques or leaders, and four hundred nobles, were burnt at one time. Nor was this shocking barbarity perpe- trated in any sudden sally of rage, or by a commander of inferior note. It was the act of Sandoval, an officer whose name is entitled to the second rank in the annals of New Spain, and executed after a solemn consultation with Cortes ; and to complete the horror of the scene, the children and relations of the wretched victims were assembled, and compelled to be spectators of their dying agonies. It seems hardly possible to exceed in horror this dreadful example of severity ; but it was followed by another, which affected the Mexicans still more sensibly, as it gave them a most feeling proof of their own degradation, and of the small regard which their haughty master retained for the ancient dignity and splendour of their state. On a slight suspicion, confirmed by very imperfect evi- dence, that Guatimozin had formed a scheme to shake off the yoke, and to excite his former subjects to take arms, Cortes, without the formality of a trial, ordered the unhappy monarch, together with the caziques ofTezeuco andTacuba, the two persons of the greatest eminence in the empire, to be hanged ; and the Mexi- cans, with astonishment and horror, beheld this dis- graceful punishment inflicted upon persons, to whom they were accustomed to look up with reverence hardly inferior to that which they paid to the gods themselves (122). The example of Cortes and hi* principal officers encouraged and justified persons of subordinate rank to venture upon committing greater excesses. Nuno de Guzman, in particular, stained an iliustrious name by deeds of peculiar enormity and rigour, in various expeditions which he con- ducted. One circumstance, however, saved the Mexicans from further consumption, perhaps from, one as com- plete as that which had depopulated the islands. The first conquerors did not attempt to search for the pre- cious metals in the bowels of the earth. They were neither sufliciently wealthy to carry on the expensive works, which are requisite for opening those deep recesses where nature has concealed the veins of gold and silver, nor sufficiently skilful to perform the in- genious operations by which those precious metals are separated from their respective oies. They were satis- fied with the more simple method, practised by the Indians, of washing the earth carried down rivers and torrents from the mountains, and collecting the grain* of native metal deposited there. The rich mines of New Spain, which have poured forth their treasures with such profusion on every quarter of the globe, were not discovered for several years after the con- quest. [A. D. 1552, &c.] By that time a more orderly government and police were introduced into the colony ; experience, derived from former errors, had suggested many useful and humane regulations for the protection and preservation of the Indians : and though it then became necessary to increase the number of those employed in the mines, and they were engaged in a species of labour more pernicious to the human constitution, they suffered less hardship or THE HISTORY OF AMERICA. 135 diminution than from the ill-judged but less extensive schemes of the first conquerors. While it was the lot of the Indians to suffer, their new masters seemed not to have derived any consi- derable wealth from their ill-conducted researches. According to the usual fate of first settlers in new colonies, it was their lot to encounter danger, and to struggle with difficulties ; the fruits of their victories and toils were reserved for times of tranquillity, and reaped by successors of greater industry, but of infe- rior merit. The early historians of America abound with accounts of the sufferings and of the poverty of its conquerors. In New Spain, their condition was rendered more grievous by a peculiar arrangement. When Charles V. advanced Cortes to the government of that country, he at the same time appointed cer- tain commissioners to receive and administer the royal revenue there with independent jurisdiction. These men, chosen from inferior stations in various depart- ments of public business at Madrid, were so much elevated with their promotion, that they thought they were called to act a part of the first consequence. But being accustomed to the minute formalities of office, and having contracted the narrow ideas suited to the sphere in which they had hitherto moved, they were astonished, on arriving in Mexico, [A. D. 1524,] at the high authority which Cortes exercised, and could not conceive that the mode of administration, in a country recently subdued and settled, must bo dif- ferent from what took place in one where tranquillity and regular government had been long established. In their letters they represented Cortes as an ambi- tious tyrant, who, having usurped a jurisdiction superior to law, aspired at independence, and by his exorbitant wealth and extensive influence might ac- complish those disloyal schemes which he apparently meditated. These insinuations made such deep im- pression upon the Spanish ministers, most of whom had been formed to business under the jealous and rigid administration of Ferdinand, that, unmindful of all Cortes's past services, and regardless of what he was then suffering in conducting that extraordinary expedition, in which he advanced from the lake of Mexico to , the western extremities of Honduras (123), they infused the same suspicions into the mind of their master, and prevailed on him to order a solemn inquest to be made into his conduct, [A.D. 1525] with powers to the licentiate, Ponce de Leon, intrusted with that commission, to seize his person, if he should find that expedient, and send him prisoner to Spain. The sudden death of Ponce de Leon, a few days after his arrival in New Spain, prevented the execu- tion of this commission. But as the object of his appointment was known, the mind of Cortes was deeply wounded with this unexpected return for ser- vices which far exceeded whatever any subject of Spain had rendered to his sovereign. He endeavoured, however, to maintain his station, and to recover the confidence of the court. But every person in office who had arrived from Spain since the conquest was a spy upon his conduct, and with malicious ingenuity gave an unfavourable representation of all his actions. The aprehensions ,of Charles and his ministers in- creased. A new commision of inquiry was issued, with more extensive powers [A. D.1528], and various precautions were taken in order to prevent or to punish him if he should be so presumptuous as to attempt what was inconsistent with the fidelity of a sub- ject. Cortes beheld the approaching crisis of his fortune with all the violent emotions natural to a haughty mind, conscious of high desert, and receiving unworthy treatment, But though some of his des- perate followers urged him to assert his own rights against his ungrateful country, and with a bold hand to seize that power which the courtiers meanly accused him of coveting, he retained such self-com- mand, or was actuated with such sentiments of loyalty, as to reject their dangerous counsels, and to choose the only course in which he could secure his own dignity, without departing from his duty. He resolved not to expose himself to the ignominy of a trial, in that country which had been the scene of his triumphs ; but, without waiting for the arrival of his judges, to repair directly to Castile, and commit him- self and his cause to the justice and generosity of his sovereign. Cortes appeared in his native country with the splendour that suited the conqueror of a mighty king- dom. He brought with him a great part of his wealth, many jewels and ornaments of great value, several curious productions of the country (124), and was attended by some Mexicans of the first rank, as well as by the most considerable of his own officers. His arrival in Spain removed at once every suspicion and fear that had been entertained with respect to his intentions. The emperor, having now nothing to appre- hend from the designs of Cortes, received him like a person whom consciousness of his own innocence had brought into the presence of his master, and who was entitled, by the eminence of his services, to the highest marks of distinction and respect. The order of St. Jago, the title of Marquis del Vallede Guaxaca, the grant of an ample territory in New Spain, were successively bestowed upon him ; and as his manners were correct and elegant, although he had passed the greater part of his life among rough adventurers, the emperor ad- mitted him to the same familiar intercourse with himself, that was enjoyed by noblemen of the first rank. But, admidst those external proofs of regard, symp- toms of remaining distrust appeared. Though Cortes earnestly solicited to be reinstated in the government of New Spain, Charles, too sagacious to commitsuchanim- portant charge to a man whom he had once suspected, peremptorily refused to invest him again with powers which he might find it impossible to controul. Cortes, though dignified with new titles [A.D. 1530.], returned to Mexico with diminished authority. The military de- partment, with powers to attempt new discoveries, was left in his hands; but the supreme direction of civil affairs was placed in a board called The Audience of New Spain. At a subsequent period, when, upon the increase of the colony, the exertion of authority more united and extensive became neceesary, Antonio de Mendoza, a nobleman of high rank, was sent thither as Viceroy, to take the government into his hands.- This division of power in New Spain proved, as was unavoidable, the source of perpetual dissension, which imbittered the life of Cortes, and thwarted all his schemes. As he had now no opportunity to dis- play his active talents but in attempting new dis- coveries, he formed various schemes for that purpose, all of which bear impressions of a genius that de- lighted in what was bold and splendid. He early entertained an idea, that, either by steering through the gulf of Florida along the east coast of North America, some strait would be found that communicated with the Western ocean ; or that by examining the isthmus of Darien, some passage would be discovered between the i North and South seas. But -having been disappointed in his expectations with respect to both, he now confined his views to such voyages of discovery as he could make from the ports of New Spain in the South Sea, ^ There he fitted out succes- 136 THE HISTORY OF AMERICA. ively several small squadrons, which either perished ! in the attempt, or returned without making any d iscoverjf of moment [A. D. 1536], Cortes, \reary of ; ritrusting the conduct of his operations to others, took the command of a new armament in person, and after enduring incredible hardships, and encountering dangers of every species, he discovered the large peninsula of California, and surveyed the greater part of the gulf which separates it from New Spain. The discovery of a. country of such extent would have deflected credit on a common adventurer ; but it could add little new honour to the name of Cortes, and was far from satisfying the sanguine expectations which he had formed.. Disgusted .with ill success, to which he had not been accustomed, and weary of contesting with adversaries to whom he considered it as a disgrace to be opposed, he once more sought for redress in his native country [A. D. 1540]. But his reception there was very different from that which gratitude, and even decency, ought to have secured for him. The merit of his ancient exploits was already, in a great measure, forgotten, or eclipsed by the fame of recent and more valuable conquests in another quarter of America. No service of moment was now expected from a man of declining years, and who began to be unfortunate. The emperor behaved to him with co'd civility ; his ministers treated him sometimes with neglect, sometimes with insolence. His grievances received no redress ; his claims were urged without effect; and after several years spent in fruitless application to ministers and judges, an occupation the most irksome and mortifying to a man of high spirit, who had moved in a sphere where he was more accustomed to command than to solicit, Cortes ended his days on the second of December one thou- sand five hundred and forty-seven, in the sixty-second year of his age. His fate was the same with that of all the persons who distinguished themselves in the dis- covery or conquest of the New world. Envied by his contemporaries, and ill requited by the court which he served, he has been admired and celebrated by suc- ceeding ages. Which has formed the most just estimate of his character, an impartial consideration of his actions must determine. BOOK VI. [A. D. 1523.] FROM the time that Nugnez de Balboa discovered the great Southern occean, and received the first obscure hints concerning the opulent countries with which it might open a communication, the wishes and schemes of every enterprising person in the colonies df Darren and Panama were turned towards the wealth of those unknown regions. In an age when the spirit of adventure was so ardent and vigorous, that large fortunes were wasted, and the most alarming dangers braved, in pursuit of dis- coveries merely possible, the faintest ray of hope was followed with an eager expectation, and the slightest information was sufficient to inspire such perfect confidence, as conducted men to the most arduous undertakings (125). Accordingly, several armaments were fitted out in order to explore and take possession of the countries to the east of Panama, but under the conduct of leaders whose talents and resources were unequal to the attempt. As the excursions of those adventurers did not extend beyond the limits of the province to which the Spaniards had given the name of Tierra Firme, a mountainous region covered with woods, thinly inhabited, and extremely unhealthy, they re- turned with dismal accounts concerning the distresses in which they had been exposed, and the unpromising aspect of the places which they had visited. Damped by these tidings, the rage for discovery in that direc- tion abated; and it became the general opinion, that Balboa had founded visionary hopes, on the tale of an ignorant Indian, ill understood, or calculated to deceive. [A. D. 1524.] But there were three persons settled in Panama, on whom the circumstances which de- terred others made so little impression, that the very moment when all considered Balboa's expectations of discovering: a rich country, by steering towards the east, as chimerical, they resolved to attempt the execu- tion of his scheme. The names of those extraordinary men were Francisco Pizarro, Diego de Almagro, and Hernando Luque. Pizarro was the natural son of a gentleman of an honourable family by a very low woman, and, according to the cruel fate which often attends the offspring of unlawful Jove, had been so totally neglected in his youth by the author of his birth, that he seems to have destined him never to rise beyond the condition of his mother. In conse- quence of this ungenerous idea, he set him, when bordering on manhood, to keep hogs. But the aspiring mind of young Pizarro disdaining that ignoble occupation, he abruptly abandoned his charge, en- listed as a soldier, and after serving some years in Italy, embarked for America, which, by opening such a boundless range to active talents, allured every adventurer whose fortune was not equal to his am- bitious thoughts. There Pizarro early distinguished himself. "With a temper of mind no less daring than the constitution of his body was robust, he was fore- most in every danger, patient under the greatest hardships, and unsubdued by any fatigue. Though so illiterate that he could not even read, he was soon considered as a man formed to command. Every operation committed to his conduct proved success- ful, as, by a happy but rare conjunction, he united perseverance with ardour, and was cautious in exe- cuting, as he was bold in forming, his plans. By engaging early in active life, without any resource but his own talents and industry, and by depending on himself alone in his struggles to emerge from obscu- rity, he acquired such a thorough knowledge of affairs, and of men, that he was fitted to assume a superior part in conducting the former, and in governing the latter. Almagro had as little to boast of his descent as Pizarro. The one was a bastard, and the other a foundling. Bred like his companion, in the camp, he yielded not to him in any of the soldierly qualities of intrepid valour, indefatigable activity, or insur- mountable constancy, in enduring the hardships inseparable from military service in the New World. But in Almagro these virtues were accompanied with the openness, generosity, and candour, natural to men whose professioii is arms ; in Pizarro, they were united with the address, the craft, and the dis- simulation of a politician, with the art of concealing his own purposes, and with sagacity to penetrate into those of other men. Fernando de Luque was an ecclesiastic, who acted both as priest and schoolmaster at Panama, and, by means which the contemporary writers have not described, had amassed riches that inspired him with thoughts of rising to greater eminence. Such were the men destined to overturn one of the most extensive empires on the face of the earth. Their confederacy for this purpose was authorized by Pedrarias, _the governor of Panama, Each engaged THE HISTORY OF AMERICA. 137 to employ his whole fortune in the adventure. Pizarro, the least wealthy of the three, as he could not throw so large a sum as his associates into the common stock, engaged to take the department of greatest fatigue and danger, and to command in per- son the armament which was to go first upon disco- very. Almagro offered to conduct the supplies of pro- visions and reinforcements of troops, of which Pizarro might stand in need. Luque was to remain at Pa- nama to negociate with the governor, and superintend whatever was carrying on for the general interest. As the spirit of enthusiasm uniformly accompanied that of adventure in the New World, and by that strange union both acquired an increase of force, this con- federacy, formed by ambition and avarice, was con- firmed by the most solemn act of religion. Luque celebrated mass, divided a consecrated host into three, and reserving one part to himself, gave the other two to his associates, of which they partook ; and thus, in the name of the Prince of peace, ratified a con- tract of which plunder and bloodshed were the ob- jects. The attempt was begun with a force more suited to the humble condition of the three associates, than to the greatness of the enterprise in which they were engaged. Pizarro set sail from Panama with a sinle vessel, [Nov. 14,] of small burthen, and a hundred and twelve men. But in that age, so little were the Spaniards acquainted with the peculiarities of climate in America, that the time which Pizarro chose for his departure was the most improper in the whole year ; the periodical winds which were then set in, being directly adverse to the course which he proposed to steer. After beating about for seventy days, with much danger and incessant fatigue, Pizarro's progress towards the south-east was not greater than what a skilful navigator will now make in as many hours. He touched at several places on the coast of Tierra Firme, but found every where the same uninviting country which former adventurers had described ; the low grounds converted into swamps by an over- flowing of rivers ; the higher covered with impervious woods ; few inhabitants, and those fierce and hostile [A. D. 1525]. Famine, fatigue, or frequent encoun- ters witli the natives, and, above all, the distempers of a moist, sultry climate, combined in wasting his slender band of followers. The undaunted resolution of their leader continued, however, for some time, to sustain their spirits, although no sign had yet ap- peared of discovering those golden regions to which he had promised to conduct them. At length he was obliged to abandon that inhospitable coast, and retire to Chuchama, opposite to the pearl islands, where he hoped to receive a supply of provisions and troops from Panama. But Almagro having sailed from that port with seventy men, stood directly towards that part of the continent where he hoped to meet with his associate. Not finding him there, he landed his soldiers, who, in searching for their companions, underwent the same distresses, and were exposed to the same dan- gers, which had driven them out of the country. Re- pulsed at length by the Indians in a sharp conflict, in which their leader lost one of his eyes by the wound of an arrow, they likewise were compelled to re-embark. Chance led them to the place of Pizarro's retreat, where they found some consolation in recount- ing to each other their adventures, and comparing their sufferings [June 24]. As Almagro had ad- vanced as far as the river St. Juan, in the province of Popayan, where both the country and inhabitants appeared with a more promising aspect, that dawtt ef HISTORY OJP AMERICA, No. 18. better fortune was sufficient to determine such san- guine projectors not to abandon their scheme, not- withstanding all that they had suffered in prosecuting it (126). [A. D. 1526.] Almagro repaired to Panama, in hopes of recruiting their shattered troops. But what he and Pizarro had suffered gave his countrymen such an unfavourable idea of the service, that it was with difficulty he could levy fourscore men. Feeble as this reinforcement was, Almagro took the command of it, and having joined Pizarro, they did not hesitate about resuming their operations. After a long series of disasters and disappointments, not inferior to those which they had already experienced, part of the ar- mament reached the Bay of St. Matthew, on the coast of Quito, and landing at Tacamez, to the south of the river of Emeralds, they beheld a country more champaign and fertile than any they had yet dis- covered in the Southern ocean, the natives clad in. garments of woollen or cotton stuff, and adorned with several trinkets of gold and silver. But, notwithstanding those favourable appearances, magnified beyond the truth, both by the vanity of the persons who brought the report from Tacamez, and by the fond imagination of those who listened to them, Pizarro and Almagro durst not venture to in- vade a country so populous with a handful of men enfeebled by fatigue and diseases. They retired to the small island of Gallo, where Pizarro remained with part of the troops, and his associate returned to Panama, in hopes of bringing such a reinforcement as might enable them to take possession of the opulent territories, whose existence seemed to be no longer doubtful. But some of the adventurers, less enterprising or less hardy than their leaders, having secretly conveyed lamentable accounts of their sufferings and losses to their friends at Panama, Almagro met with an un- favourable reception from Pedro de los Ilios, who had succeeded Pedrarias in the government of that settlement. After weighing the matter with that cold economical prudence, which appears the first of all virtues to persons whose limited faculties are in- capable of conceiving or executing great designs, he concluded an expedition, attended with such certain waste of men, to be so detrimental to an infant and feeble colony, that he not only prohibited the raising of new levies, but despatched a vessel to bring home Pizarro and his companions from the island of Gallr. Almagro and Luque, though deeply affected with those measures, which they could not prevent, and durst not oppose, found means of communicating their sentiments privately to Pizarro, and exhorted him not to relinquish an enterprise that was the foundation of all their hopes, and the only means of re-establishing their reputation and fortune, which were both on the decline. Pizarro's mind, bent with inflexible obstinacy on all its purposes, needed no incentive to persist in the scheme. He peremptorily refused to obey the governor of Panama's orders, and employed all his address and eloquence in persuading his men not to abandon him. But the incredible calamities to which they had been exposed were still so recent in their memories, and the thoughts of re- visiting their families and friends after a long absence, rushed with such joy into their minds, that when Pizarro drew a line upon the sand with his sword, permitting such as wished to return home to pass over it, only thirteen of all the daring veterans in his service had resolution to remain with their com- mander. This small but determined, band, whose names the 138 THE HISTORY OF AMERICA. Spanish historians record with deserved praise, as the persons to whose persevering fortitude their coun- try is indebted for the most valuable of all its American possessions, fixed their residence in the island of Gorgona. This, as it was further removed from the coast than Gallo, and uninhabited, they con- sidered as a more secure retreat, where, unmolested, they might wait for supplies from Panama, which they trusted that the activity of their associates would be able to procure. Almagro and Luque were not inattentive or cold solicitors, and their incessant importunity was seconded by the general voice of the colony, which exclaimed loudly against the infamy of exposing brave men, engaged in the public service, and chargeable with no error but what flowed from an excess of zeal and courage, to perish like the most odious criminals in a desert island. Overcome by those entreaties and expostulations, the governor at last consented to send a small vessel to their relief. But that he might not seem to encourage Pizarro to any new enterprise, he would not permit one landman to embark on board of it. By this time Pizarro and his companions had re- mained five months in an island, infamous for the most unhealthy climate in that region of America (127). During all this period their eyes were turned towards Panama, in hopes of succour from their countrymen ; but worn out at length with fruitless expectations, and dispirited with suffering hardships of which they saw no end, they, in despair, came to a resolution of committing themselves to the ocean on a float, rather than continue in that detestable abode. But, on the arrival of the vessel from Panama, they "were transported with such joy, that all their suffer- ings were forgotten. Their hopes revived, and, with a rapid transition, not unnatural among men accustomed by their mode of life to sudden vicissitudes of for- tune, high confidence succeeding to extreme dejection, Pizarro easily induced not only his own followers, but the crew of the vessel from Panama, to resume his former scheme with fresh ardour. Instead of returning to Panama, they stood towards the south- east, and more fortunate in this than in any of their past efforts, they, on the twentieth day after their departure from Gorgona, discovered the coast of Peru. After touching at several villages near the shore, which they found to be no wise inviting, they landed at Tumbez, a place of some note, about three degrees south of the line, distinguished for its stately temple, and a palace of the Incas or sovereigns of the country. There the Spaniards feasted their eyes with the first view of the opulence and civilization of the Peruvian empire. They beheld a country fully peopled, and cultivated with an appearance of regu- lar industry ; the natives decently clothed, and pos- sessed of ingenuity so far surpassing the other inhabitants of the New World, as to have the use of tame domestic animals. But what chiefly attracted their notice, was such a show of gold and silver, not only in the ornaments of their persons and temples, "but in several vessels and utensils for common use, formed of those precious metals, as left no room to doubt that they abounded with profusion in the country. Pizarro and his companions seemed now to have attained to the completion of their most sanguine hopes, and fancied that all their wishes and dreams of rich domains, and inexhaustible treasures, would soon be realized. i But with the slender force then under his com- mand, Pizarro could only view the rich country of which he hoped hereafter to obtain possession. He zanged, however, for some time along the coast, main- taining every where a peaceable intercourse with the natives, no less astonished at their new visitants, than the Spaniards were with the uniform appearance of opulence and cultivation which they beheld [A. D. 1527]. Having explored the country as far as was requisite to ascertain the importance of the discovery, Pizarro procured from the inhabitants some of their Llamas or tame cattle, to which the Spaniards gave the name of sheep, some vessels of gold and silver, as well as some specimens of their other works of ingenuity, and two young men, whom he proposed to instruct in the Castilian language, that they might serve as interpreters in the expedition which he me- ditated. With these he arrived at Panama, towards the close of the third year from the time of his de- parture thence. No adventurer of the age suffered hardships or encountered dangers which equal those to which he was exposed during this long period. The patience with which he endured the one, and the fortitude with which he surmounted the other, exceed whatever is recorded in the history of the New World, where so many romantic displays of those virtues occur. [A. D. 1528]. Neither the splendid relation that Pizarro gave of the incredible opulence of the coun- try which he had discovered, nor his bitter complaints on account of that unseasonable recall of his forces, which had put it out of his power to attempt making any settlement there, could move the governor of Panama to swerve from his former plan of conduct. He still contended, that the colony was not in a con- dition to invade such a mighty empire, and refused to authorize an expedition which he foresaw would be so alluring that it might ruin the province in which he presided, by ;m effort beyond its strength. His coldness, however, did not in any degree abate the ardour of the three associates ; but they perceived that they could not carry their scheme into execution without the countenance of superior authority, and must solicit their sovereign to grant that permission which they could not extort from his delegate. With this view, after adjusting among themselves, that Pizarro should claim the station of governor, Almagro that of lieutenant-governor, and Luque the dignity of bishop, in the country which they purposed to conquer, they sent Pizarro as their agent to Spain, though their fortunes were now so much exhausted by the repeated efforts which they had made, that they found some difficulty in borrowing the small sum requisite towards equipping him for the voyage. Pizarro lost no time in repairing to court, and new as the scene might be to him, he appeared before the emperor with the unembarrassed dignity of a man conscious of what his services merited ; and he con- ducted his negociations with an insinuating dexterity of address, which could not have been expected either from his education or former habits of life. His feeling description of his own sufferings, and his pompous account of the country which he had dis- covered, confirmed by the specimens of its produc- tions which he exhibited, made such an impression both on Charles and his ministers, that they not only approved of the intended expedition, but seemed to be interested in the success of its leader. Presuming on those dispositions in his favour, Pizarro paid little attention to the interest of his associates. As the pretensions of Luque did not interfere with his own, he obtained from him the ecclesiastical dignity to which he aspired. For Alma- gro he claimed only the command of the fortress which should be erected at Tumbez. To himself he secured whatever his boundless ambition could desire. THE HISTORY OP AMERICA. 13$ [July 26.] He was appointed governor.captain-general and adelantado of all the country which he had dis covered, and hoped toconquer, with supreme authority- civil as well as military ; and with full right to all th< privileges and emoluments usually granted to adven- turers in the New World. His jurisdiction was declared to extend two hundred leagues along the coast to the south of the river St. Jago; to be inde- pendent of the governor of Panama; and he ha power to nominate all the officers who were to serve under him. In return for those concessions, which cost the court of Spain nothing, as the enjoyment of them depended upon the success of Pizarro's own efforts, he engaged to raise two hundred and fifty men, and to provide the ships, arms, and warlike stores requisite towards subjecting to the crown of Castile the country of which the government was allotted him. [A. D. 1529], Inconsiderable as the body of men was which Pizarrohad undertaken to raise, his funds and credit were so low that he could hardly complete half the number ; and after obtaining his patents from the crown, he was obliged to steal privately out of the port of Seville, in order to elude the scrutiny of the officers who had it in charge to examine whether he had fulfilled the stipulations in his contract. Before his departure, however, he received some supply of money from Cortes, who having returned to Spain about this time, was willing to contribute his aid towards enabling an ancient companion, with whose talents and courage he was well acquainted, to begin a career of glory similar to that which he him- self had finished. He landed at Nombre de Dios, and marched across the isthmus of Panama, accompanied by his three brothers, Ferdinand, Juan, and Gonzalo, of whom the first was born in lawful wedlock, the two latter, like himself, were of illegitimate birth, and by Francisco de Alcantara, his mother's brother. They were all in the prime of life, and of such abilities and courage as fitted them to take a distinguished part in his subsequent transactions. [Oct. 1530.] On his arrival at Panama, Pizarro found Almagro so much exasperated at the manner in which he had conducted the negociation, that he not only refused to act any longer in concert with a man by whose perfidy he had been excluded from the power and honours to which he had a just claim, but laboured to form a new association, in order to thwart or to rival his former confederate in his dis- coveries. Pizarro, however, had more wisdom and address than to suffer a rupture so fatal to all his schemes to become irreparable. By offering volun- tarily to relinquish the office of adelantado, and pro- mising to concur in soliciting that title, with an in- dependent government, for Almagro, he gradually mitigated the rage of an open-hearted soldier, which had been violent, but was not implacable. Luque, highly satisfied with having been successful in all his own pretensions, cordially seconded Pizairo's endeavours. A reconciliation was effected, and the confederacy renewed on its original terms, that the enterprise should be carried on at the common expense of the associates, and the profits accruing from it should be equally divided among them, > Even after their reunion, and the utmost efforts of their interest, three small vessels, with a hundred and eighty soldiers, thirty-six of whom were horsemen, composed the armament which they were able to fit out. But the astonishing progress of the Spaniards in America had inspired them with such ideas of their own superiority, that Pizarro did not hesitate to sail with this contemptible force to invade a great em- pire. Almagro was left at Panama [Feb. 1, 1531], as formerly, to follow him with what reinforcement of men he should be able to muster. As the season for embarking was properly chosen, and the course of navigation between Panama and Peru was now better known, Pizarro completed the voyage in thir- teen days ; though, by the force of the winds and currents, he was carried about a hundred leagues to the north of Tumbez, the place of his destination, and obliged to land his troops in the bay of St. Mat- thew. Without losing a moment he began to advance towards the south, taking care, however, not to> depart far from the sea-shore, both that he might easily effect a junction with the supplies which he expected from Panama, and secure a retreat in case of any disaster, by keeping as near as possible ta his ships. But as the country in several parts on the coast of Peru is barren, unhealthful, and thinly peopled ; as the Spaniards had to pass all the rivora near their mouth, where the body of water is great- est ; and as the imprudence of Pizarro, in attacking the natives when he should have studied to gain their confidence, had forced them to abandon their habita- tions ; famine, fatigue, and diseases of various kinds brought upon him and his followers calamities hardly inferior to those which they had endured in their former expedition. What they now experienced, corresponded so ill with the alluring description of the country given by Pizarro, that many began to reproach him, and every soldier must have become cold to the service, if, even in this unfertile region of Peru, they had not met with some appearances of wealth and cultivation, which seemed to justify the report of their leader. At length they reached the province of Coaque [April 14] ; and, having surprised the principal settlement of the natives, they seized their vessels and ornaments of gold and silver, to thf> amount of thirty thousand pesos, with other booty of such value, as dispelled all their doubts, and ins,piredL the most desponding with sanguine hopes. Pizarro himself was so much delighted with, this rich spoil, which he considered as the first fruits of a [and abounding with treasure, that he instantly despatched one of his ships to Panama with a largo remittance to Almagro ; and another to Nicarajrj a with a considerable sum to several persons of influ- ence in that province, in hopes of alluring adventurers by this early display of the wealth wh''eh h e h a d acquired. Meanwhile he continued his march along the coast, and disdaining to employ any means of reducing the natives. hut'force, he attacked them with such violence in their scattered habita- tions, as compelled them either to retire into the nterior country, or to submit to his yoke. This, udden appearance of invaders, whose aspect an manners were so strange, and whose power seemed, to be irresistible, made the same dreadful inv aression as in other parts of America. Piiarro hardly met with resistance until he attacked the sland of Puna in the bay of Guayaquil. As that was better peopled than the country through which ic had passed, and its inhabitants fiercer and less civilized than those of the continent, they defended hemselves with such obstinate valour, that Pizarro spent six months in reducing them to subjection, ?rom Puna he proceeded to Tumbez, where the- distempers which raged among his men compelled lim to remain for three months. While he was thus employed, he began to, reap advantage from his attention to spread the fame of his first success to Coaque, TWQ different d^achments. IK) THE HISTORY OF AMERICA. rrived from Nicaragua, which, though neither ex- ceeded thirty men, he considered as a reinforcement of great consequence to his feeble band [A. n. 1532], especially as the one was under the command of Sebastian Benalcazar, and the other of Hernando Soto, officers not inferior in merit and reputation to any who had served in America. From Tumboz [May 16] he proceeded to the river Piura, and in an advantageous station near the mouth of it, he established the first Spanish colony in Peru, to which he gave the name of St. Michael. As Pizarro continued to advance towards the centre of the Peruvian empire, he gradually received more full information concerning its extent and policy, as well as the situation of its affairs at that juncture. Without some knowledge of these, he could not have conducted his operations with propriety ; and with- out a suitable attention to them, it is impossible to account for the progress which the Spaniards had already made, or to unfold the causes of their subse- quent success. At the time when the Spaniards invaded Peru, the dominions of its sovereigns extended in length, from north to south, above fifteen hundred miles along the Pacific ocean. Its breadth, from east to west, was much less considerable, being uniformly bounded by the vast ridge of the Andes, stretching from its one extremity to the other. Peru, like the rest of the New World, was originally possessed by small in- dependent tribes, differing from each other in man- ners, and in their forms of rude policy. All, however, were so little civilized, that if the traditions concern- ing their mode of life, preserved among their descen- dants, deserve credit, they must he classed among the most unimproved savages of America. Stran- gers to every species of cultivation or regular industry, without any fixed residence, and unac- quainted with those sentiments and obligations which form the first bonds of social union, they are *aid to have roamed about naked in the forests, with which the country was then covered, more like wild beasts than like men. After they had struggled for several ages with the hardships and calamities which are inevitable in such a state, and when no circum- stance seemed to indicate the approach of any un- common effort towards improvement, we are told that there appeared, on the banks of the lakeTitiaca, a man and woman of majestic form, clothed in decent garments. They declared themselves to be children of the.^sun, sent by their beneficent parent, who beheld with pity the miseries of the human race, to instruct, and to reclaim them. At their persuasion, enforced by reverence for the divinity in whose name they were supposed to speak, several of the dispersed savages united together, and received their commands as heavenly injunctions, followed them to Cuzco, where they settled and began to lay the foundations of a city. k Manco Capac and Mama Ocollo, for such were the names of those extraordinary personages, having thus collected some wandering tribes, formed that social union, which, by multiplying the desires and uniting the efforts of the human species, excites industry, and leads to improvement. Manco Capac instructed the men in agriculture and other useful arts ; Mama Ocollo taught the women to spin and to weave. By the labour of the one sex, subsistence became less precarious ; by that of the other, life was rendered more comfortable. After securing the objects of first necessity in an infant state, by providing food, raiment, and habitations for the rude people of whom he took^ charge, -JVlanco Capac turned his attention towards introducing such laws and policy as m;ht perpetuate their happiness. By his institutions, which shall be more particularly explained hereafter, the various relations in private life were established, and the duties resulting from them prescribed with such propriety, as gradually formed a barbarous people to decency of manners. In public adminis- tration, the functions of persons in authority wciv so precisely defined, and the subordination of those under their jurisdiction maintained with such a steady hand, that the society in which he presided soon assumed the aspect of a regular and well- go- verned state. Thus, according to the Indian tradition, was founded the empire of the Incas or Lords of Peru. At first its extent was small. The territory of Man- co Capac did not reach above eight leagues from Cuzco. But within its narrow precincts he exercised absolute and uncontrolled authority. His successors, as their dominions extended, arrogated a similar jurisdiction over the new subjects which they ac- quired ; the despotism of Asia was not more com- plete. The Incas were not only obeyed as monarchs, but revered as divinities. Their blood was hold to be sacred, and by prohibiting intermarriages with tlip people, was never contaminated by mixing with that of any other race. The family, thus separated from the rest of the nation, was distinguished by pecu- liarities in dress and ornaments, which it was un- lawful for others to assume. The monarch himself appeared with ensigns of royalty reserved for him alone ; and received from his subjects marks of ob- sequious homage and respect, which approached almost to adoration. But, among the Peruvians, this unbounded power of their monarchs seems to have been uniformly accompanied with attention to the good of their sub- jects. It was not the rage of conquest, if we may believe the accounts of their countrymen, that prompted the incas to extend their dominions, but the desire of diffusing the blessings of civilization, and the knowledge of the arts which they possessed, among the barbarous people whom they reduced. During a succession of twelve monarchs, it is said that not one deviated from this beneficent cha- racter. When the Spaniards first visited the coast of Peru, in the year one thousand five hundred and twenty-six, Huana Capac, the twelfth monarch from the founder of the state, was seated on the throne. He is repre- sented as a prince distinguished not only for the pacific virtues peculiar to the race, but eminent for his martial talents. By his victorious arms the kingdom of Quito was subjected, a conquest of such extent and importance as almost doubled the power of the Peruvian empire. He was fond of residing in the capital of that valuable province which he had added to his dominions ; and, notwithstanding the ancient and fundamental law of the monarchy against polluting the royal blood by any foreign alliance, he married the daughter of the vanquished monarch of Quito. She bore him a son named Atahuaipa, whom, on his death at Quito, which seems to have happened about the year one thousand five hundred and twenty-nine, he appointed his successor in that kingdom, leaving the rest of his dominions to Huascar, his eldest son, by a mother of the royal race. Greatly as the Peruvians revered the memory of a monarch who had reigned with greater reputation and splen- dour than any of his predecessors, the destination of Huana Capac concerning the succession appeared so repugnant to ajnaxim coeval with the empire, and THE HISTORY OF AMERICA. 1-11 founded on authority deemed sacred, that it was no sooner known at Cuzco than it excited general dis- gust. Encouraged by those sentiments of his sub- jects, Huascar required his brother to renounce the government of Quito, and to acknowledge him as his lawful superior. But it had been the first care of Atahualpa to gain a large body of troops which had accompanied his father to Quito. These were the flower of the Peruvian warriors, to whose valour Huana Capac had been indebted for all his victories. Relying on their support, Atahualpa first eluded his brother's demand, and then marched against him in hostile array. Thus the ambition of two young men, the title of the one founded on ancient usage, and that of the ! other asserted by the veteran troops, involved Peru in ! rivil war, a calamity to which, under a succession of i virtuous princes, it had hitherto been a stranger. In j such a contest the issue was obvious. The force of arms triumphed over the authority of laws. Ata- hualpa remained victorious, and made a cruel use of j his victory. Conscious of the defect in his own title ; to thn crown, he attempted to exterminate the royal race, by putting to death all the children of the sun descenaed from Manco Capac, whom he could seize either by force or stratagem. From a political motive, the life of his unfortunate rival Huascar, who had been taken prisoner in a battle which derided the fate of the empire, was prolonged for some time, that by issuing orders in his name tbe usurper might more easily establish his own authority. When Pizarro landed in the bay of St. Matthew, this civil war raged between the two brothers in its greatest fury. Had he made any hostile attempt in his former visit to Peru in the year one thousand five hundred and twenty-seven, he must then have en- countered the force of a powerful state, united under a monarch possessed of capacity as well as courage, and unembarrassed with any care that could divert him from opposing his progress. But at this time the two competitors, though they received early accounts of the arrival and violent proceedings of the Spaniards, were so intent upon the operations of a war which they deemed more interesting, that they paid no at- tention to the motions of an enemy, too inconsider- able in number to excite any great alarm, and to whom it would be easy, as they imagined, to give a check when more at leisure. By this fortunate coincidence of events, whereof Pizarro could have no foresight, and of which, from his defective mode of intercourse with the people of the country, he remained long ignorant, he was per- mitted to carry on his operations unmolested, and advance to the centre of a great empire before one effort of its power was exerted to stop his career. During their progress, the Spaniards had acquired some imperfect knowledge of this struggle between the two contending factions. The first complete information with respect to it they received from messengers whom Huascar sent to Pizarro, in order to solicit his aid against Atahualpa, whom he re- presented as a rebel and an usurper. Pizarro per- ceived at once the importance of this intelligence, and foresaw so clearly all the advantages which might be derived from this divided state of the kingdom which he had invaded, that without waiting for the reinforcement which he expected from Panama, he determined to push forward, while intestine discord put it out of the power of the Peruvians to attack him with their whole force, and while, by taking part, j as circumstances should incline him, with one of the ! competitors, he might be enabled with greater case i to crush both. Enterprising as the Spaniards of that age were in all their operations against Ameri- cans, and distinguished as Pizarro was among his countrymen for dating courage, we can hardly sup- pose, that, after having proceeded hitherto slowly and with much caution, he would have changed at once his system of operation, and have ventured upon a measure so hazardous, without some new motive or prospect to justify it. As he was obliged to divide his troops, in order to leave a garrison in St. Michael, sufficient to defend a Station of equal importance as a place of retreat in case of any disaster, and as a poit for receiving any supplies which should come from Panama, he began his march with a very slender and ill-accoutred train of followeis. They consisted of sixty-two horsemen (12S), and a hundred and two foot-soldiers, of whom twenty were armed with cross-bows, and three with muskets. He directed his course towards Caxamalca, a small town at the distance of twelve days' march from St. Michael, where Atahualpa was encamped with a considerable body of troops. Before he had proceeded far, ari officer despatched by the inca met him with a valuable present from that prince, accom- panied with a proffer of his alliance, and assurances of a friendly reception at Caxamalca. Pizarro, ac- cording to the usual artifice of his countrymen in America, pretended to come as the ambassador of a very powerful monarch, and declared that he was now advancing with an intention to offer Atahualpa his aid against those enemies who disputed his title to the throne. As the object of the Spaniards in entering their country was altogether incomprehen- sible to the Peruvians, they had formed various con- jectures concerning it, without being able to decide whether they should consider their new guests as beings of a superior nature, who had visited them from some beneficent motive, or as formidable avengers of their crimes, and enemies to their repose and liberty. The continual professions of the Span- iards, that they came to enlighten them with the knowledge of truth, and lead them in the way of happiness, favoured the former opinion ; the outrages which they committed, their rapaciousness and cruelty , were awful confirmations of the latter. While in this state of uncertainty, Pizarro's declaration of his pacific intentions so far removed all the inca's fears, that he determined to give him a friendly re- ception. In consequence of this resolution, thq Spaniards were allowed to march in tranquillity across the sandy desert between St. Michael ant^ Motupe, where the most feeble effort of an enemy, added to the unavoidable distresses which they suf- fered in passing through that comfortless region, must have proved fatal to them (1 29). From Motup3 they advanced towards the mountains which encom- passed the low country of Peru, and passed through a defile so narrow and inaccessible, that a few men might have defended it against a numerous army, But here likewise, from the same inconsiderate cre- dulity of the inca, the Spaniards met with no op- position, and took quiet possession of a fort erected; for the security of that important station. As they now approached near to Caxamalca, Atahualpa re* newed his professions of friendship ; and as an evidence of their sincerity, sent them presents of greater value than the former. On entering Caxamalca, Pizarro took possession of a large court, on one side of which was a house which the Spanish historians call a palace of the inca, and on the other a temple of the sun, the whole surrounded with a strong rampart or wall of earth. When he 142 THE HISTORY OP AMERICA. had posted his troops in this advantageous station, he dispatched his brother Ferdinand and Hernando Soto to the camp of Atahualpa, which was about a league distant from the town. He instructed them to confirm the declaration which he had formerly- made of his pacific disposition, and to desire an interview with the inca, that he might explain more fully the intention of the Spaniards in visiting his country. They were treated with all the respectful hospitality usual among the Peruvians in the re- ception of their most cordial friends, and Atahualpa promised to visit the Spanish commander next day in his quarters. The decent deportment of the Pe- ruvian monarch, the order of his court, and the reverence with which his subjects approached his person and obeyed his commands, astonished those Spaniards who had never met in America with any thing more dignified than the petty cazique of a barbarous tribe. But their eyes were still more powerfully attracted by the vast profusion of wealth which they observed in the inca's camp. The rich ornaments worn by him and his attendants, the vessels of gold and silver in which the repast offered to them was served up, the multitude of utensils of every kind formed of those precious metals, opened prospects far exceeding any idea of opulence that an European of the sixteenth century could form. On their return to Caxamalca, while their minds were yet warm with admiration and desire of the wealth which they had beheld, they gave such a description of it to their countrymen as confirmed Pizarro in a resolution which he had already taken. From his own obserration of American manners during his long service in the New World, as well as from the advantages which Cortes had derived from seizing Montezuma, he knew of what consequence it was to have the inca in his power. For this purpose, he formed a plan as daring as it was perfidious. Notwithstanding the character that he had assumed, of an ambassador from a powerful monarch who courted an alliance with the inca, and in violation of the repeated offers which he had made to him of his own friendship and assistance, he determined to avail himself of the unsuspicious simplicity with which Atahualpa relied upon his professions, and to seize the person of the inca during the interview to which he had invited him. He prepared for the execution of his scheme with the same deliberate arrangement, and with as little compunction, as if it had reflected no disgrace on himself or his country. He divided his cavalry into three small squadrons, under the command of his brother Ferdinand, Soto, and Benal- cazar ; his infantry were formed in one body, except twenty of most tried courage, whom he kept near his own person to support him in the dangerous service which he reserved for himself ; the artillery, con- sisting of two field- pieces, and the cross-bowmen, were placed opposite to the avenue by which Ata- hualpa was to approach. All were commanded to keep within the square, and not to move until the signal for action was given. [Nov. 16.] Early in the morning the Peruvian camp was all in motion. But as Atahualpa was so solicitous to appear with the greatest splendour and magnificence in his first interview with the strangers, the preparations for this were so tedious, that the day was far advanced before he began his march. Even then, lest the order of the procession should be deranged, he moved so slowly, that the Spaniards became impatient, and apprehensive that Borne suspicion of their intention might be the cause of this delay. In order to remove this, Pizarro despatched one of his officers with fresh assurances of his friendly disposition. At length the inca ap- proached. First of all appeared four hundred men, in an uniform dress, as harbingers to clear the way before him. He himself sitting on a throne or couch adorned with plumes of various colours, and almost covered with plates of gold and silver enriched with precious stones, was carried on the shoulders of his principal attendants. Behind him came some chief officers of his court, carried in the same manner. Several bands of singers and dancers accompanied this cavalcade; and the whole plain was covered with troops, amounting to more than thirty thousand men. As the inca drew near the Spanish quarters, father Vincent Valverde, chaplain to the expedition, advanced with a crucifix in one hand, and a breviary in the other, and in a long discourse explained to him the doctrine of the creation, the fall of Adam, the incar- nation, the sufferings and resurrection of Jesus Christ, the appointment of St. Peter as God's vice- gerent on earth, the transmission ef his apostolic power by succession to the popes, the donation made to the king of Castile, by pope Alexander, of all the regions of the New World. In consequence of all this, he required Atahualpa to embrace the Christian faith, to acknowledge the supreme juris- diction of the pope, and to submit to the king of Castile as his lawful sovereign ; promising if he com- plied instantly with this requisition, that the Castilian monarch would protect his dominions, and permit him to continue in the exercise of his royal authority; but if he should impiously refuse to obey this sum- mons, he denounced war against him in his master's name, and threatened him with the most dreadful effects of his vengeance. This strange harangue , unfolding deep mysteries, and alluding to unknown facts, of which no power of eloquence could have conveyed at once a distinct idea to an American, was so lamely translated by an un- skilful interpreter, little acquainted with the idiom of the Spanish tongue, and incapable of expressing himself with propriety in the language of the inca, that its general tenor was altogether incomprehen- sible to Atahualpa. Some parts in it, of more obvious meaning, filled him with astonishment and indigna- tion. His reply, however, was temperate. He began with observing, that he Avas lord of the dominions over which he reigned by hereditary succession ; and added, that he could not conceive how a foreign priest should pretend to dispose of territories which did not belong to him ; that if such a preposterous grant had been made, he, who was the rightful pos- sessor, refused to confirm it ; that he had no inclina- tion to renounce the religious institutions established by his ancestors ; nor would he forsake the service of the sun, the immortal divinity whom he and his people revered, in order to worship the god of the Spaniards, who was subject 'to death ; that with re- spect to other matters contained in his discourse, as he had never heard of them before, and did not now understand their meaning, he desired to know where the priest had learned things so extraordinary. " In this book," answered Valverde, reaching out to him his breviary. The inca opened it eagerly, and turning over the leaves, lifted it to his ear : "This," says he, " is silent; it tells me nothing;" and threw it with disdain to the ground. The enraged monk, running towards his countrymen, cried out, " To arms, Christians, to arms ; the word of God is insulted; avenge this profanation on those impious dogs (130}." THE HISTORY OF AMERICA. 143 Pizarro, who, during this long conference, had with difficulty restrained his soldiers, eager to seize ihe rich spoils of which they had now so near a view, immediately gave the signal of assault. At once the martial music struck up, the cannon and muskets began to fire, the horse sallied out fiercely to the charge, the infantry rushed on sword in hand. The Peruvians, astonished at the suddenness of an attack which they did not expect, and dismayed with the destructive effect of the fire-arms, and the irresistible impression of the cavalry, fled with universal conster- nation on every side, without, attempting either to annoy the enemy or to defend themselves. Pizarro, at the head of his chosen band, advanced directly towards the inca ; and though^ his nobles crowded around him with officious zeal, and fell in numbers at his feet, while they vied one with another in sacrificing their own lives, that they might cover the sacred person of their sovereign, the Spaniards soon penetrated to the royal seat'; and Pizarro, seizing the inca by the arm, dragged him to the ground, and carried him as a prisoner to his quarters. The fate of the monarch increased the precipitate flight of his followers. The Spaniards pursued them towards every quarter, and with deliberate and unrelenting barbarity continued to slaughter wretched fugitives, who never once offered to resist. The carnage did not cease until the close of the day. About four thousand Peruvians were killed. Not a single Spaniard fell, nor was one wounded but Pizarro himself, whose hand was slightly hurt by one of his own soldiers, while struggling eagerly to lay hold on the inca (131). The plunder of the field was rich beyond any idea which the Spaniards had yet formed concerning the wealth of Peru, and they were so transported with the value of the acquisition, as well as the greatness of their success, that they passed the night in the extravagant exultation natural to in- digent adventurers on such an extraordinary change of fortune. At first the captive monarch could hardly believe a calamity, which he so little expected, to be real. But he soon felt all the misery of his fate, and the dejection into which he sunk was in proportion to the height of grandeur from which he had fallen. Pizarro, afraid of losing all the advantages which he hoped to derive from the possession of such a prisoner, laboured to console him with professions of kindness and respect, that corresponded ill with his actions. By residing among the Spaniards, the inca quickly discovered their ruling passion, which indeed they were nowise solicitous to conceal, and, by applying to that, made an attempt to recover his liberty. He offered as a ransom what astonished the Spaniards, even after all they now knew concerning the opulence of his kingdom. The apartment in which he was confined was twenty-two feet in length and sixteen in breadth ; he undertook to fill it with vessels of gold as high as he could reach. Pizarro closed eagerly with the tempting proposal, and a line was drawn upon the walls of the chamber, to mark the stipulated height to which the treasure was to rise. Atahualpa, transported with having obtained some prospect of liberty, took measures instantly for fulfilling his part of the agreement, by sending mes- sengers to Cuzco, Quito, and other places, where gold had been amassed in largest quantities, either for adorning the temples of the gods, or the houses of the inca, to bring what was necessary for com- pleting his ransom directly to Caxamalca,' Though Atahualpa was now in the custody of his enemies, yet so much were the Peruvians accustomed to respect every mandate issued by their sovereign, that his orders were executed with the greatest alacrity. Soothed with hopes of recovering his liberty by this means, the subjects of the inca were afraid of en- dangering his life by forming any other scheme for his relief; and though the force of the empire was still entire, no preparations were made and no army assembled to avenge their own wrongs or those of their monarch. The Spaniards remained in Caxamalca tranquil and unmolested. Small detachments of their number marched into remote provinces of the empire, and instead of meeting with any opposition, were every where received with marks of the most submissive respect (132). Inconsiderable as those parties were, and desirous as Pizarro might be to obtain some knowledge of the interior state of the country, he could not have ventured upon any diminution of his main body, if he had not about this time [December] received an account of Almagro's having landed at St. Michael with such a reinforcement as would almost double the number of his followers. The arrival of this long- expected succour was not more agreeable to the Spaniards than alarming to the 'inca. He saw the power of his enemies increase ; and as he knew neither the source whence they derived their supplies, nor the means by which they were conveyed to Peru, he could not foresee to what a height the inundation that poured in upon his dominions might rise. While disquieted with such apprehensions, he learned that some Spaniards, in their way to Cuzco, had visited his brother Huascar in the place where he kept him confined, and that the captive prince had represented to them the justice of his own cause, and as an induce- ment to espouse it, had promised them a quantity of treasure greatly beyond that which Atahnalpa had engaged to pay for his ransom. If the Spaniards should listen to this proposal, Atahualpa perceived his own destruction to be inevitable ; and suspecting that their insatiable thirst for gold would tempt them to lend a favourable ear to it, he determined to sacrifice his brother's life, that he might save his own [A. D.*1533] ; and his orders for this' purpose were executed, like all his other commands, with scrupulous punctuality. Meanwhile Indians daily arrived at Caxamalca from different parts of the kingdom, loaded with treasure. A great part of the stipulated quantity was now amassed, and Atahualpa assured the Spaniards, that the only thing which prevented the whole from being brought in, was the remoteness of the provinces where it was deposited. But such vast piles of gold presented continually to the view of needy soldiers, had so inflamed their avarice, that it was impossible any longer to restrain their impatience to obtain possession of this rich booty. Orders were given for melting down the whole, except some pieces of curious fabric, reserved as a present for the emperor. After setting apart the fifth due to the crown, and a hundred thousand pesos as a donative to the soldiers which arrived with Almagro, there remained one million five hundred and twenty-eight thousand five hundred pesos to Pizarro and his followers. The festival of St. James, the patron saint of Spain, was the day [July 25] chosen for the partition of this enormous sum, and the manner of conducting it strongly marks the strange alliance of fanaticism with avarice, which I have more than once had occasion to point out as a striking feature in the character of the conquerors of tlie New World. 144 THE HISTORY OF AMERICA. Though assembled to divide the spoils of an innocent people, procured by deceit, extortion, and cruelty, the transaction began with a solemn invocation of the name of God, as if they could have expected the guidance of Heaven in distributing those wages of iniquity. In this division above eight thousand pesos, at that time not inferior in effective value to as many pounds sterling in the present century, fell to the share of each horseman, and half that sum to each foot soldier. Pizarro himself, and his officers, received dividends in proportion to the dignity of their rank. There is no example in history of such a sudden acquisition of wealth by military service, nor was ever a sum so great divided among so small a number of soldiers. Many of them having received a recom- pence for their services far beyond their most sanguine hopes, were so impatient to retire from fatigue and danger, in order to spend the remainder of their days iu their native country in ease and opulence, that they demanded their discharge with clamorous importunity. Pizarro, sensible that from such men he could expect neither enterprise in action nor fortitude in suffering, and persuaded that wherever they went the display of their riches would allure adventurers, less opulent but more hardy, to his standard, granted their suit without reluctance, and permitted above sixty of them to accompany his brother Ferdinand, whom he sent to Spain with an account of his success, and the present destined for the emperor. > The Spaniards having divided among them the treasure amassed for the inca's ransom, he insisted with them to fulfil their promise of setting him at liberty. But nothing was further from Pizarro's thoughts. During his long service in the New World, he had imbibed those ideas and maxims of his fellow-soldiers, which led them to consider its inhabitants as' an inferior race, neither worthy of the name, nor entitled to the rights, of men. In his com- pact with Atahualpa, he had no other object than to amuse his captive with such a prospect of recovering his liberty, as might induce him to lend all the aid of his authority towards collecting the wealth of his kingdom. Having now accomplished this, he no longer regarded his plighted faith ; and at the very time when the credulous prince hoped to be replaced on his throne, he had secretly resolved to bereave him of life. Many circumstances seemed to have concurred in prompting him to this action, the most criminal and atrocious that stains the Spanish name, amidst all the deeds of violence committed in carrying on the conquests of the New World. Though Pizarro had seized the inca, in imitation of Cortes's conduct towards the Mexican monarch, he did not possess talents for carrying on the same artful plan of policy. Destitute of the temper and address requisite for gaining the confidence of his prisoner, he never reaped all the advantages which might have been derived from being master of his person and authority. Atahualpa was, indeed, a prince of greater abilities and discernment than Montezuma, and seems to have penetrated more thoroughly into the character and intentions of the Spaniards. Mutual suspicion and distrust accordingly took place between them. The strict attention with which it was necessary to guard a captive of such importance, greatly increased the fatigue of military duty. The utility of keeping him appeared inconsiderable ; and Pizarro felt him as an encumbrance, from which he wished to be delivered. Almagro and his followers had made a demand of an equal share in the iuca's ransom ; and though Pizarro had bestowed upon the private men the large gratuity which I have mentioned, and endeavoured to soothe their leader by presents of great value, they still continued dissatisfied. They were apprehensive, that as long as Atahualpa remained a prisoner, Pizarro's soldiers would apply whatever treasure should be acquired, to make up what was wanting of the quantity stipulated for his ransom, and under that pretext exclude them from any part of it. They insisted eagerly on putting the inca to death, that all the adventurers in Peru might thereafter be on an equal footing. Pizarro himself began to be alarmed with accounts of forces assembling in the remote provinces of the empire, and suspected Atahualpa of having issued orders for that purpose. These fears and suspicions were artfully increased by Philippillo, one of the Indians whom Pizarro had carried off from Tumbez in the year one thousand five hundred and twenty- seven, and whom he employed as an interpreter. The function which he performed admitting this man to familiar intercourse with the captive monarch, he presumed, notwithstanding the meanness of his birth, to raise his affections to a Coya, or descendant of the sun, one of Atahualpa's wives ; and seeing no pros- pect of gratifying that passion during the life of the monarch, he endeavoured to fill the ears of the Spaniards with such accounts of the inca's secret designs and preparations, as might awaken their jealousy, and incite them to cut him off. While Almagro and his followers openly demanded the life of the inca, and Philippillo laboured to ruin him by private machinations, that unhappy prince inadvertently contributed to hasten his own fate. During his confinement he had attached himself with peculiar affections to Ferdinand Pizarro and Hernando Soto ; who, as they were persons of birth and education superior to the rough adventurers with whom they served, were accustomed to behave with more decency and attention to the captive monarch. Soothed with this respect from persons of such high rank, he delighted in their society. But in the presence of the governor he was always uneasy and overawed. This dread soon came to be mingled with contempt. Among all the European arts, what he admired most was that of reading and writing; and he long deliberated with himself, whether he should regard it as a natural or acquired talent. In order to determine this, he desired one of the soldiers, who guarded him, to write the name of God on the nail of his thumb. This he showed successively to several Spaniards, asking its meaning ; and to his amazement, they all, without hesitation, returned the same answer. At length Pizarro entered ; and, on presenting it to him, he blushed, and with some confusion was obliged to acknowledge his ignorance. From that moment Atahualpa considered him as a mean person, less instructed than his own soldiers ; and he had not address enough to conceal the senti- ments with which this discovery had inspired him. To be the object of a barbarian's scorn, not only- mortified the pride of Pizarro, but excited such re- sentment in his breast, as added force to all the other considerations which prompted him to put the inca to death. But in order to give some colour of justice to this violent action, and that he himself might be exempted from standing singly responsible for the commission of it, Pizarro resolved to try the inca with all the formalities observed in the criminal courts of Spain. Pizarro himself, and Almagro, with two assistants, were appointed judges, with full power to acquit or to THE HISTORY OP AMERICA. 145 condemn ; an attorney-general was named to carry on the prosecution in the king's name ; counsellors were chosen to assist the prisoner in his defence ; and clerks were ordained to record the proceedings of court. Before this strange tribunal, a charge was exhibited still more amazing. It consisted of various articles ; that Atahualpa, though a bastard, had dispossessed the rightful owner of the throne, and usurped the regal power ; that he had put his brother and lawful sovereign to death ; that he was an idolater, and had not only permitted, but commanded, the offering of human sacrifices; that he had a great number of concubines ; that since his imprisonment he had wasted and embezzled the royal treasures, which now belonged of right to the conquerors ; that lie had incited his subjects to take arms against the Spaniards. On these heads of accusation, some j?of which are so ludicrous, others so absurd, that the effrontery of Pizarro, in making them the foundation of a serious procedure, is not less surprising than his injustice, did this strange court go on to try the sovereign of a great empire, over whom he had no jurisdiction. With respect to each of the articles, witnesses were examined ; but as they delivered their evidence in their native tongue, Philippillo had it in his power to give their words whatever turn best suited his malevolent intentions. To judges pre- determined in their opinion, this evidence appeared Eufficient. They pronounced Atahualpa guilty, and condemned him to be burnt alive. Friar Valverde prostituted the authority of his sacred function to confirm this sentence, and by his signature warranted it to be just. Astonished at his fate, Atahualpa endeavoured to avert it by tears, by promises, and by entreaties that he might be sent to Spain, wliere a monarch would be the arbiter of his lot. But pity never touched the unfeeling heart of Pizarro. He ordered him to be led instantly to execution; and, what added to the bitterness of his last moments, the same monk who had just ratified his doom, offered to console, and attempted to convert him. The most powerful argu- ment Valverde employed to prevail with him to embrace the Christian faith, was a promise of mitiga- tion in his punishment. The dread of a cruel death extorted from the trembling victim a desire of receiving baptism. The ceremony was performed; and Atahualpa, instead of being burnt, was strangled at the stake. Happily for the credit of the Spanish nation, even among the profligate adventurers which it sent forth to conquer and desolate the New World, there were persons who retained some tincture of the Castilian generosity and honour. Though, before the trial of Atahualpa, Ferdinand Pizarro had set out for Spain, and Soto was sent on a separate command at a dis- tance from Caxamalca, this odious transaction was not carried on without censure and opposition. Several officers, and among those some of the greatest reputation and most respectable families in the service, not only remonstrated, but protested against this measure of their general, as disgraceful to their country, as repugnant to every maxim of equity, as a violation of public faith, and an usurpation of juris- diction over an independent monarch, to which they had no title. But their laudable endeavours were vain. Numbers, and the opinions of such as held every thing to be lawful which they deemed advan- tageous, prevailed. History, however, records even the unsuccessful exertions of virtue with applause ; and the Spanish writers, in relating events where the valour of their nation is more conspicuous thau its HISTORY OF AMERICA, No, 19. humanity, have not failed to preserve the names of those who made this laudable effort to save their country from the infamy of having perpetrated such a crime. On the death of Atahualpa, Piaarro invested one of his sons with the ensigns of royalty, hoping that a young man without experience might prove a more passive instrument in his hands, than an ambitious monarch, who had been accustomed to independent command. The people of Cuzco, and the adjacent country, acknowledged Manco Capac, a brother of Huascar, as inca. But neither possessed the authority which belonged to a sovereign of Peru. The violent convulsions into which the empire had been thrown, first by the civil war between the two brothers, and then by the invasion of the Spaniards, had not only deranged the order of the Peruvian government, but almost dissolved its frame. When they beheld their monarch a captive in the power of strangers, and at last suffering an ignominious death, the people in several provinces, as if they had been set free from every restraint of law and decency, broke out in the most licentious excesses. So many descendants of the sun, after being treated with the utmost indignity, had been cut off by Atahualpa, that not only their influence in the state diminished with their number, but the accustomed reverence for that sacred race sensibly decreased. In consequence of this state of things, ambitious men in different parts of the empire aspired to independent authority, and usurped juris- diction to which they had no title. The general who commanded for Atahualpa in Quito, seized the brother and children of his master, put them to a cruel death, and disclaiming any connexion with either inca, endeavoured to establish a separate kingdom for himself. The Spaniards, with pleasure beheld the spirit of discord diffusing itself, and the vigour of government relaxing among the Peruvians. They considered those disorders as symptoms of a state hastening towards its dissolution. Pizarro no longer hesitated to advance towards Cuzco, and he had received sucli considerable reinforcements, that he could venture with little danger to penetrate so far into the interior part of the country. The account of the wealth acquired at Caxamalca operated as he had forseen. No sooner did his brother Fordinand, with the officers and soldiers to whom he had given their dis- charge after the partition of the inca's ransom, arrive at Panama, and display their riches in the view of their astonished 'countrymen, than fame spread the account with such exaggeration through all the Spanigh settlements on the South Sea, that the governors of Guatimala, Panama, and Nicaragua, could hardly restrain the people under their jurisdiction from abandoning their possessions, and crowding to that inexhaustible source of wealth which seemed to be opened in Peru. In spite of every check and regu- lation, such numbers resorted thither, that Pizarro began his march at the head of five hundred men, after leaving a considerable garrison in St. Michael, under the command of Benalcazar. The Peruvians had assembled some large bodies of troops to oppose his progress. Several fierce encounters happened, But they terminated like all the actions in America : a few Spaniards were killed or wounded ; the natives were put to flight with incredible slaughter. At length Pizarro forced his way to Cuzco, and took quiet possession of that capital. The riches found there, even after all the natives had carried off and concealed, either from a superstitious veneration for the ornaments of their temples, or out of hatred to U THE HISTORY OF AMERICA. heir rapacious conquerors, exceeded in value what Lad been received as Atahualpa's ransom. But as the Spaniards were now accustomed to the wealth of the country, and it came to be parcelled out among a great number of adventurers, this dividend did not excite the same surprise, either from novelty, or the largeness of the sum that fell to the share of each individual (133). During the march to Cuzco, that son of Atahualpa whom Pizarro treated as inca, died: and as the Spaniards substituted no person in his place, the title of Manco Capac seems to have been universally recognised. While his fellow-soldiers were thus employed, Benalcazar, governor of St. Michael, an able and enterprising officer, was ashamed of remaining inactive, and impatient to have his name distinguished among the discoverros and conquerors of the New World. The seasonable arrival of a fresh body of recruits from Panama and Nicaragua, put it in his power to gratify this passion. Leaving a sufficient force to protect the infant settlement intrusted to his care, he placed himself at the head of the rest, and set out to attempt the reduction of Quito, where, according to the report of the natives, Atahualpa had left the greatest part of his treasure. Notwithstanding the distance of that city from St. Michael, the difficulty of marching through a mountainous country covered with woods, and the frequent and fierce attacks of the best troops in Peru, commanded by a skilful leader, the valour, good conduct, and perseverance of Benalcazar surmounted every obstacle, and he entered Quito with his victorious troops. But they met with a cruel mortification there. The natives, now ac- quainted to their sorrow with the predominant passion of their invaders, and knowing how to disappoint it, liad carried off all those treasures, the prospect of which had prompted them to undertake this arduous expedition, and had supported them under all the dangers and hardships wherewith they had to struggle in carrying it on. Benalcazar was not the only Spanish leader who attacked the kingdom of Quito. The fame of its riches attracted a more powerful enemy. Pedro de Alvarado, who had distinguished himself so eminently in the conquest of Mexico, having obtained the govern- ment of Guatimala aj a recompence for his valour, soon became disgusted with a life of uniform tran- quillity, and longed to be again engaged in the bustle of military sendee. The glory and wealth acquiied by the conquerors of Peru heightened this passion, and gave it a determined direction. Believing, or pretending to believe, that the kingdom of Quito did not lie within the limits of the province allotted to Pizarro, he resolved to invade it. The high reputation of the commander allured volunteers from every quarter. He embarked with five hundred men, of whom above two hundred were of such distinction as to serve on horseback. He landed at Puerto Viejo, and without sufficient knowledge of the country, or proper guides to conduct him, attempted to march directly to Quito, by following the course of the river Guayaquil, and crossing the ridge of the Andes to- wards its head. But in this route one of the most impracticable in all America, his troops endured such fatigue in forcing their way through forests and marshes on the low grounds, and suffered so much from excessive cold when they began to ascend the mountains, that before they reached the plain of Quito, a fifth part of the men and half their horses died, and the rest were so much dispirited and worn out, as to be almost unfit for service (134). There they met with a body, not of Indians but of Spaniards, drawn up in hostile array against them. Pizarro having received an account of Alvarado's armament, had detached Ahnagro with some troops to oppose this formidable invader of his jurisdiction ; and these were joined by Benalcazar, and his victorious party. Alvarado, though surprised at the sight of enemies whom he did not expect, advanced boldly to the cha.'ge. But, by the interposition of some moderate men in each party, an amicable accommodation took place ; and the fatal period, when Spaniards suspended their conquests to imbrue their hands in the blood of their countrymen, was postponed a few years. Alvarado engaged to return to his government, upon Almagro's paying him a hundred thousand pesos to defray the expence of his armament. Most of his followers remained in the country; and an expedition, which threatened Pizarro and his colony with ruin, con- tributed to augment its strength. By this time Ferdinand Pizarro had landed in Spain. The immense quantities of gold and silver which he imported'(135), filled thekingdom with noless astonishment than they had excited in Panama and the adjacent provinces. Pizarro was received by the emperor with the attention due to the bearer of a present so rich as to exceed any idea which the Spaniards had formed concerning the value of their acquisitions in America, even after they had been ten years masters of Mexico. In recompence of his brother's services, his authority was confirmed with ne.wpowers and privileges, and the addition of seventy leagues, extending along the coast, to the southward of the territory granted in his former patent. Almagro received the honours which he had so long desired. The title of adelantado, or governor, was conferred upon, him, with jurisdiction over two hundred leagues of country, stretching beyond the southern limits of the province allotted to Pizarro. Ferdinand himself did not go unrewarded. He was admitted into the military order of St. Jago, a distinction always acceptable to a Spanish gentleman, and soon set out on his return to Peru, accompanied by many persons of higher rank than had yet served in that country. Some account of his negociations reached Peru before he arrived there himself. Almagro no sooner learned that he had obtained a royal grant of an in- dependent government, than pretending that Cuzco, the imperial residence of the incas, lay within its boundaries, he attempted to render himself master of that important station. Juan and Gonzalez Pi- zarro prepared to oppose him. Each of the contend- ing parties was supported by powerful adherents, and the dispute was on the point of being terminated by the sword, when Francis Pizarro arrived in the capital. The reconciliation between him and Al- magro had never been cordial. The treachery of Pizarro in engrossing to himself all the honours and emoluments, which ought to have been divided with his associate, was always present in both their thoughts. The former, conscious of his own perfidy, did not expect forgiveness ; the latter, feeling that he had been deceived, was impatient to be avenged ; and though avarice and ambition had induced them not only to dissemble their sentiments, but even to act in concert while in pursuit of wealth and power, nr sooner did they obtain possession of these, than the same pissions which had formed this temporary union gave rise to jealousy and dis- cord. To each of them was attached a small band of interested dependants, who, with the malicious art peculiar to such men, heightened their suspi- cions, and magnified every appearance of offence. THE HISTORY OF AMERICA. 147 But with all those seeds of enmity in their minds, and thus assiduously cherished, each was so tho- roughly acquainted with the abilities and courage of his rival, that they equally dreaded the conse- quences of an open rupture. The fortunate arrival of Pizarro at Cuzco, and the address mingled with firmness which he manifested in his expostulations with Almagro and his partisans, averted that evil for the present. A new reconciliation took place ; the chief article of which was, that Almagro should attempt the conquest of Chili ; and if he did not find in that province an establishment adequate to his merit and expectations, Pizarro, by way of in- demnification, should yield up to him a part of Peru [June 12]. This new agreement, though confirmed with the same sacred solemnities as their first con- tract, was observed with as little fidelity. Soon after he concluded this important transaction, Pizarro marched back to the countries on the sea- coast, and as he now enjoyed an interval of tran- quillity undisturbed by any enemy, either Spanish or Indian, he applied himself withthat persevering ardour which distinguishes his character, to introduce a form of regular government :nto the extensive pro- vinces subject to his authority. Though ill qualified by his education to enter into any disquisition con- cerning the principles of civil policy, and little accus- tomed by his former habits of life to attend to its arrangements, his natural sagacity supplied the want both of science and experience. He distributed the country into various districts ; he appointed proper magistrates to preside in each ; and established regulations concerning the administration of justice, the collection of the royal revenue, the working of the mines, and the treatment of the Indians, ex- tremely simple, but well calculated to promote the public prosperity. But though, for the present, he adapted his plan to the infant state of his colony, his aspiring mind looked forward to its future grandeur. He considered himself as laying the foun- dation of a great empire, and deliberated long, and with much solicitude, in what place he should fix the seat of government. Cuzco, the imperial city of the incas, was situated in a corner of the empire, above lour hundred miles from the sea, and much further from Quito, a province of whose value he had formed a high idea. No other settlement of the Pe- ruvians was so considerable as to merit the name of a town, or to allure the Spaniards to fix their residence in it. But in marching through the country, Pizarro had been struck with the beauty and fertility of the valley of Rimac, one of the most extensive and best cultivated in Peru. There, on the banks of a small river, of the same name with the vale which it waters and enriches, at the distance of six miles from Callao the most commodious harbour in the Pacific ocean, he founded a city which he destined to be the capital of his government [A. D. 1535, January 18], He gave it the name of Ciudad de los Reyes, either from the circumstance of having laid the first stone at that season when the church celebrates the festival of the three kings, or, as is more probable, in honour of Juana and Charles, the joint sovereigns of Castile. This name it still retains among the Spaniards in all legal and formal deeds ; but it is better known to foreigners by that of Lima, a corruption of the an- cient appellation of the valley in which it is situated. Under his inspection, the buildings advanced with such rapidity, that it soon assumed the form of a city, which, by a magnificent palace that he erected for him- self, and by the stately houses built by several of his officers, gave, even in its infancy, sow* indication of its subsequent grandeur. In consequence of what had been agreed with Pizarro, Almagro began his^march towards Chili ; and as he possessed in an eminent degree the virtues most admired by soldiers, boundless liberality and fearless courage, his standard was followed by five hundred and seventy men, the greatest body of Europeans that had hitherto been assembled in Peru. From im- patience to finish the expedition, or from that con- tempt of hardship and danger acquired by all the Spaniards who had served long in America, Almagvo, instead of advancing along the level country on the coast, chose to march across the mountains by a route that was shorter indeed, but almost impracticable. In this attempt his troops were exposed to every ca- lamity which men can suffer, from fatigue, from famine, and from the rigour of the climate in those elevated regions of the torrid zone, where the degree of cold i hardly inferior to what is felt within the polar circle. Many of them perished ; and the survivors when they descended into the fertile plains of Chili, had new difficulties to encounter. They found there a race of men very different from the people of Peru, intrepid, hardy, independent, and in their bodily constitution, as well as vigour of spirit, nearly resembling the war- like tribes of North America. .Though filled with wonder at the first appearance of the Spaniards, and still more astonished at the operations of their cavalry and the effects of their fire arms, the Chilese soon recovered so far from their surprise, as not only to- defend themselves with obstinacy, but to attack their enemies with more determined fierceness than* any American nation had hitherto discovered. The Spaniards, however, continued to penetrate into the country, and collected some considerable quantities of gold : but were so far from thinking of making any settlement amidst such formidable neighbours, that, in spite of all the experience and valour of their leader, the final issue of the expedition still remained extremely dubious, when they were recalled from it, by an unexpected revolution in Peru. The causes of: this important event I shall endeavour to trace to theic source. So many adventurers had flocked to Peru from, every Spanish colony in America, and all with sur w . n hjg^ expectations of accumulating independent fortunes at once, that, to men possessed with notions. S o extra- vagant, any mention of acquiring wealtVi gradually, and by schemes of patient industry, would have been not only a disappointment, but an insult. In order to find occupation for men who could not with safety be allowed to remain inactive, Pizarro encouraged some of the most distinguished^officers who had lately joined him, to invade different provinces of the em- pire, which the Spaniards had not hitherto visited', Several large bodies were formed for this purpose; and about the time that Almagro set out for CM?, they marched into remote districts of the country. No sooner did Manco Capac, the inca, observe the- inconsiderate security of the Spaniards in thus dis*~ persing their troops, and that only a handful of sol- diers ^remained in Cuzco, under Juan and Gonzalez; Pizarro, than he thought that the happy period wr*8 at length come for vindicating his own rights, for avenging the wrongs of his country, and extirpating its oppressors. Though strictly watched by the Spa- niaids, who allowed him to reside in the palace of his ancestors at Cuzco, he found means of communicating his scheme to the persons who were to be intrusted with the execution of it. Among people accustomed to revere their sovereign as a divinity, every hint of his will carries the authority of a command': and they themselves were now cQAviuced, by the daily in- 14ft THE HISTORY OF AMERICA. crease in the number of their invaders, that the ford hopes which they had long entertained of their vo- luntary departure were altogether vain. All perceived that a vigorous effort of the whole nation was requisite to expel them, and the preparations for it were car- ried on with the secrecy and silence peculiar to Americans. After some unsuccessful attempts of the inca to make his escape, Ferdinand Pizarro happening to ar- rive at that time in Cuzco, [A. D. 1536.] he obtained permission from him to attend a great festival which was to be celebrated a few leagues froin the capital. Under pretext of that solemnity, the great men of the empire were assembled. As soon as the inca joined them, the standard of war was erected ; and in a short time all the fighting men, from the confines of Quito to the frontier of Chili/were in arms. Many Spaniards, living securely on the settlements allotted them, were massacred. Several detachments as they marched carelessly through a country which seemed to be tamely submissive to their dominion, were cat off to a man. An army amounting (if we may believe the Spanish writers) to two hundred thousand men, at- tacked Cuzco, which the three brothers endeavoured to defend with only one hundred and seventy Spaniards. Another formidable body invested Lima, and kept the governor closely shut up. There was no longer any communication between the two cities ; the numerous forces of the Peruvians spreading over the country, intercepted every messenger; and as the parties in Cuzco and Lima were equally unacquainted with the fate of their countrymen, each boded the worst concerning the other, and imagined that they themselves were the only persons who had survived the general extinction of the Spanish name in Peru. It was at Cuzco, where the inca commanded in person, that the Peruvians made their chief effort. During nine months they carried on the siege with in- cessant ardour, and in various forms ; and though they displayed not the same undaunted ferocity as the Mexican warriors, they conducted some of their oper- ations in a manner which discovered greater sagacity, and a genius more susceptible of improvement in the military art. They not only observed the advantages which the Spaniards derived from their discipline and their weapons, but they endeavoured to imitate the former, and turned the latter against them. They armed a considerable body of their bravest warriors with the swords, the spears, and bucklers, which they had taken from the Spanish soldiers whom they had cut off in different parts of the country. These they en- deavoured to marshal in that regular compact order, to which experience had taught them that the Spaniards were indebted for their irresistible force in action. Some appeared in the field with Spanish muskets, and had acquired skill and resolution enough to use them. A few of the boldest, among whom was the inca himself, were mounted on the horses which they had taken, and advanced briskly to the charge like Spanish cavaliers, with their lances in the rest. It was more by their numbers, however, than by those imperfect essays to imitate European arts and to em- ploy European arms, that the Peruvians annoyed the Spaniards (136). In spite of the valour, heightened l>y despair, with which the three brothers defended Cuzco, Manco Capac recovered possession of one half of his capital ; and in their various efforts to drive him out of it, the Spaniards lost Juan Pizarro, the best beloved of all the brothers, together with some other pe-sons of note. Worn out with the fatigue of inces- sant duty, distressed with the want of provisions, and despairing of being able any longer to resist an enemy whose numbers daily increased, the soldiers be- came impatient to abandon Cuzco, in hopes either of joining their countrymen, if any of thenVyet survived, or of forcing their way to the sea, and finding some means of escaping from a country which had been so fatal to the Spanish name. While they were brooding over those desponding thoughts, which their officers laboured in vain to dispel, Almagro appeared sud- denly in the neighbourhood of Cuzco. The accounts transmitted to Almagro concerning the general insurrection of the Peruvians, were such as would have induced him, without hesitation, to re- linquish the conquest of Chili, and haston to the aid of his countrymen. But in this resolution he was confirmed by a motive less generous, but more inter- esting. By the same messenger who brought him intelligence of the inca's icvolt, he received the royal patent creating him governor of Chili, and defining the limits of his jurisdiction. Upon considering the tenor of it, he deemed it manifest beyond contradic- tion, that Cuzco lay within the boundaries of his government, and he was equally solicitous to prevent the Peruvians from recovering possession of their c- pital, and to wrest it out of the hands of tho Pizarros. From impatience to accomplish both, he ventured to return by a new route; and in marching through the sandy plains on the coast, he suffered from heat and drought, calamities of a new species, hardly inferior to those in which he had been involved by co'd and famine on the summits of the Andes. [A. D. 1537.] His arrival at Cuzco was in a criti- cal moment. The Spaniards and Peruvians fixed their eyes upon him with equal solicitude. The former, as he did not study to conceal his pretensions, were at a loss whether to welcome him as a deliverer, or to take precautions against him as an enemy. The latter, knowing the points in contest between him and his countrymen, flattered themselves that they had more to hope than to dread from his operations. Almagro himself, unacquainted with the detail of the events which had happened in his absence, and solicitous to learn the precise posture of affairs, advanced towards the capital slowly, and with great circumspection. Various negociations with both parties were set on foot. The inca conducted them on his part with much address. At first he endeavoured to gain the friend- ship of Almagro ; and after many fruitless overtures, despairing of any cordial union with a Spaniard, he attacked him by surprise with a numerous body of chosen troops. But the Spanish discipline and valour maintained their wonted superiority. The Peruvians were repulsed with such slaughter, that a great part of their army dispersed, and Almagro proceeded to the gates of Cuzco without interruption. The Pizarros, as they had no longer to make head against the Peruvians, directed all their attention to- wards their new enemy, and took measures to obstruct his entry into the capital. Prudence, however, re- strained both parties for some time from turning their arms against one another, while surrounded by com- mon enemies, who would rejoice in the mutual slaughter. Different schemes of accommodation were* proposed. Each endeavoured to deceive the other, or to corrupt his followers. The generous, open, affable temper of Almagro gained many adherents of the Pizarros, who were disgusted with their harsh domi- neering manners. Encouraged by this defection, he advanced towards the city by night, surprised the sentinels, or was admitted by them, and investig the house where the two brothers resided, compelledn them after an obstinate defence, to surrender at discretion. Almagro'* claim of jurisdiction over Cuzco was uni- THE HISTORY OF AMERICA. 149 versally acknowledged, and a form of administration established in his name. Two or three persons onlf were killed in this first act of civil hostility ; but it was soon followed by scenes more bloody. Francis Pizarro having dispersed the Peruvians who had invested Lima, and received some considerable reinforcements from Hispaniola and Nicaragua, ordered five hundred men, under the command of Alonso de Alvarado, to march to Cuzco, in hopes of relieving his brothers, if they and their garrison were not already cut off by the Peruvians. This body, which at that period of the Spanish power in America, must be deemed a considerable force, advanced near to the capital before they knew that they had any enemy more formidable than Indians to encounter. It was with astonishment that they beheld their countrymen posted on the banks of the river Abancay to oppose their progress. Almagro, however, wished rather to gain than to conquer them, and by bribes and promises endeavoured to seduce their leader. The fidelity of Alvarado remained un- shaken ; but his talents for war were not equal to his virtue. Almagro amused him with various move- ments, of which he did not comprehend the meaning, while a large detachment of chosen soldiers passed the river by night, [July 12,] fell upon his camp by surprise, broke his troops before they had time to form, and took him prisoner, together with his principal ofiicers. By the sudden rout of this body, the contest be- tween the two rivals must have been decided, if Almagro had known as well how to improve as how to gain a victory. Rodrigo Orgognez, an oflicer of great abilities, who having served under the constable Bourbon, when he led the imperial army to Rome, had been accustomed to bold and decisive measures, advised him instantly to issue orders for putting to death Ferdinand and Gonzalo Pizarro, Alvarado, and a few other persons whom he could not hope to gain, and to march directly with his victorious troops to Lima, before the governor had time to prepare for his defence. But Almagro, though he discerned at once the utility of the counsel, and though he had courage to have carried it into execution, suffered himself to be influenced by sentiments unlike those of a soldier of fortune grown old in service, and by scruples which suited not the chief of a party who had drawn his sword in civil war. Feelings of humanity re- strained him from shedding the blood of his opponents ; and the dread of being deemed a rebel, deterred him from entering a province which the king had allotted to another. Though he knew that arms must termi- nate the dispute between him and Pizarro, and resolved not to shun that mode of decision, yet with a timid delicacy preposterous at such a juncture, he was so solicitous that his rival should be considered as the aggressor, that he marched quietly back to Cuzco to wait his approach. Pizarro was still unacquainted with all the interest- ing events which had happened near Cuzco. Accounts of Almagro's return, of the loss of the capital, of the death of one brother, of the imprisonment of the other two, and of the defeat of Alvarado, were brought to him at once. Such a tide of misfortunes almost overwhelmed a spirit which had continued firm and erect under the rudest shocks of adversity. But the necessity of attending to his own safety, as well as the desire of revenge, preserved him from sinking under it. He took measures for both with his wonted sagacity. As he had the command of the sea-coast, and expected considerable supplies both of men and military stores, it was no less his interest to gain time, and to avoid action, than it was that of Almagro to precipitate operations, and bring the contest to a speedy issue. He had recourse to arts which he had formerly practised with success ; and Almagro was again weak enough to suffer himself to be amused with a prospect of terminating their differences by some amicable accommodation. By varying his over- tures, and shifting his ground as often as it suited his purpose, sometimes seeming to yield to every thing which his rival could desire, and then retract- ing all that he had granted, Pizarro dexterously pro- tracted the negociation to such a length, that, though everyday was precious to Almagro, several months elapsed without coming to any final agreement. While the attention of Almagro, and of the officers with whom he consulted, was occupied in detecting and eluding the fraudulent intentions of the governor, Gonzalo Pizarro, and Alvarado, found means to cor- rupt the soldiers to whose custody they were com- mitted, and not only made their escape themselves, but persuaded sixty of the men who formerly guarded them to accompany their flight. Fortune having thus delivered one of his brothers, the governors scrupled not at one act of perfidy more to procure the release of the other. He proposed, that every point in con- troversy between Almagro and himself should be submitted to the decision of their sovereign ; that, until his award was known, each should retain undis- turbed possession of whatever part of the country he now occupied ; that Ferdinand Pizarro should be set at liberty, and return instantly to Spain, together with the officers whom Almagro proposed to send thither to represent the justice of his claims. Obvious as the design of Pizairo was in those propositions, and familiar as his artifices might now have been to his opponent, Almagro, with a credulity approaching to infatuation, relied on his sincerity, and concluded an agreement on these terms. The moment that Ferdinand Pizarro recovered his liberty, the governor, no longer fettered in his opera- tions by anxiety about his brother's life, threw off every disguise which his concern for it had obliged him to assume. The treaty was forgotten ; pacific and conciliating measures were no more mentioned ; it was in the field, he openly declared, and not in the cabinet, by arms, and not by negociation, that it must now be determined who should be master of Peru. The rapidity of his preparations suited such a decisive resolution. Seven hundred men were soon ready to march towards Cuzco [A. D. 1538.] The command of these was given to his two brothers, in whom he could perfectly confide for the execution of his most violent schemes, as they were urged on, not only by the enmity flowing from th rivalship between their family and Almagro, but ani- mated with the desire of vengeance, excited by recol- lection of their own recent disgrace and sufferings. After an unsuccessful attempt to cross the mountains in the direct road between Lima and Cuzco, they marched towards the south along the coast as far as Nasca, and then turning to the left, penetrated through the defiles in that branch of the Andes which lay between them and the capital. Almagro, instead; of hearkening to some of his officers, whojadvised him to attempt the defence of those difficult passes, waited the approach of the enemy in the plain of Cuzco. Two reasons seem to have induced him to take this resolution. His followers amounted hardly to five hundred, and he was afraid of weakening such a feeble body by sending any detachment towards the mountains. His cavalry far exceeded that of the adverse party, both in number and discipline, and, it 150 THE HISTORY OP AMERICA. was only in an open country that he could avail himself of that advantage. The Pizarros advanced without any obstruction, but what arose from the nature of the desert and horrid re- gions through which they marched. As soon as they reached the plain, both factions were equally impatient to bring this long protracted contest to an issue. Though countrymen and friends, the subjects of the same sove- reign, and each with the royal standard displayed ; and though they beheld the mountains that sur- rounded the plain in which they were drawn up, covered with a vast multitude of Indians, assembled to enjoy the spectacle of their mutual carnage, and prepared to attack whatever party remained master of the field ; so fell and implacable was the rancour which had taken possession of every breast, that not one pacific counsel, not a single overture towards ac- commodation, proceeded from either side. Unfortu- nately for Almagro, he was so worn out with the fa- tigues of service, to which his advanced age was un- equal, that at this ciisis of his fate he could not exert his wonted activity ; and he was obliged to commit the leading of his troops toOrgognez, who, though an officer of great merit, did not possess the same ascendant either over the spirit or affections of the soldiers, as the chief whom they had long been accustomed to follow and revere. The conflict was fierce, and maintained by each party with equal courage. On the side of Almagro were more veteran soldiers, and a large proportion of cavalry ; but these were counterbalanced by Pi- zarro's superiority in numbers, and by two companies of well disciplined musketeers, which, on receiving an account of the insurrection of the Indians, the emperor had sent from Spain. As the use of fire- arms was not frequent among the adventurers in Ame- rica, hastily equipped for service at their own expense, this small band of soldiers regularly trained and armed was a novelty in Peru, and decided the fate of the day. Wherever it advanced, the weight of a heavy and well-sustained fire bore down horse and foot before it ; and Orgognez, while he endeavoured to rally and animate his troops, having received a dangerous wound, the rout became general. The barbarity of the conquerors stained the glory which they acquired by this complete victory. The vio- lence of civil rage hurried on some to slaughter their countrymen with indiscriminate cruelty ; the meanness of private revenge instigated others to single out individuals as the objects of their ven- geance. Orgognez, and several officers of distinc- tion, were massacred in cold blood ; above a hundred and forty soldiers fell in the field ; a large propor- tion, where the number of combatants was few, and the heat of the contest soon over. Almagro, though so feeble that he could not bear the motion of a horse, had insisted on being carried in a litter to an eminence which overlooked the field of battle. From thence, in the utmost agitation of mind, he viewed the various movements of both parties, and at last beheld the total defeat of his own troops, with all the passionate indignation of a veteran leader long accustomed to victory. He endeavoured to save himself by flight, but was taken prisoner, and guarded with the strictest vigilance. The Indians, instead of executing the resolution which they had formed, retired quietly after the battle was over ; and in the history of the Ne .v World, there is not a more striking instance of the wonderful ascendant which the Spaniards had ac- quired over its inhabitants, than that, after seeing one of the contending parties ruined and dispersed, and the other weakened and fatigued, they had not courage to fall upon their enemies, when fortune presented an opportunity of attacking them with such advantage. Cuzco was pillaged by the victorious troops, who found there a considerable booty, consisting partly of the gleanings of the Indian treasures, and partly of the wealth amassed by their antagonists from the spoils of Peru and Chili. But so far did this, and whatever the bounty of their leader could add to it, fall below the high ideas of the recompence which they conceived to be due to their merit, that Ferdi- nand Pizarro, unable to gratify such extravagant ex- pectations, had recourse to the same expedient which his brother had employed on a similar occasion, and endeavoured to find occupation for this turbulent assuming spirit, in order to prevent it from breaking out into open mutiny. With this view, he encouraged his most active officers to attempt the discovery and reduction of various provinces which had not hitherto submitted to the Spaniards. To every standard erect- ed by the leaders who undertook any of those new expeditions, volunteers resorted with the ardour and hope peculiar to the age. Several of Almagro's sol- diers joined them, and thus Pizarre had the satisfac- tion of being delivered both from the importunity of his discontented friends, and the dread of his ancient enemies. Almagro himself remained for several months in custody,under all the anguish of suspense. For although his doom was determined by the Pizarros from the mo- ment that he fell into theirhands, prudence constrained them to defer gratifying their vengeance, until the soldiers who had served under him, as well as several of their own followers in whom they could not per- fectly confide, had left Cuzco. As soon as they set out upon their different expeditions, Almagro was im- peached of treason, formally tried, and condemned to die. The sentence astonished him ; and though he had often braved death with undaunted spirit in the field, its approach under this ignominious form ap- palled him so much, that he had recourse to abject supplications, unworthy of his former fame. He besought the Pizarros to rember the ancient friend- ship between their brother and him, and how much he had contributed to the prosperity of their family; he reminded them of the humanity with which, in opposition to the repeated remonstrances of his most attached friends, he had spared their lives when he had them in his power ; he conjured them to pity his age and infirmities, and to suffer him to pass the wretched remainder of his days in bewailing his crimes, and in making his peace with Heaven. The entreaties, says a Spanish historian, of a man so much beloved, touched many an unfeeling heart, and drew tears from many a stern eye. But the brothers re- mained inflexible. As soon as Almagro knew his fate to be inevitable, he met it with the dignity and forti- tude of a veteran. He was strangled in prison, and afterwards publicly beheaded. He suffered in the in the seventy-fifth year of his age, and left one son by an Indian woman of Panama, whom, though at that time a prisoner in Lima, he named as successor to his government, pursuant to a power which the emperor had granted him. [A.D. 1539.] As, during the civil dissensions in Peru, all intercourse with Spain was suspended, the detail of the extraordinary transactions there did not soon reach the court. Unfortunately for the vic- torious faction, the first intelligence was brought thither by some of Almagro's officers, who left the country upon the ruin of their cause ; and they related THE HISTORY OF AMERICA. 151 what had happened with every circumstance unfavour- able to Pizarro and hi? brothers. Their ambition, their breach of the most solemn engagements, their violence and cruelty, were painted with all the malig- nity and exaggeration of party hatred. Ferdinand Pizarro, who arrived soon after, and appeared in court with extraordinary splendour, endeavoured to efface the impression which their accusations had made, and to justify his brother and himself by representing Almagro as the aggressor. The emperor and his ministers, though they could not pronounce which of the contending factions was most criminal, clearly discerned the fatal tendency of their dissen- sions. It was obvious, that while the leaders, intrusted with the conduct of two infant colonies, employed the arms which should have been turned against the common enemy in destroying one another, all attention to the public good must cease, and there was reason to dread that the Indians might improve the advantage which the disunion of the Spaniards presented to them, and extirpate both the victors and vanquished. But the evil was more apparent than the remedy. Where the information which had been received was so defective and suspicious, and the scene of action so remote, it was almost im- possible to chalk out the line of conduct that ought to be followed, and before any plan that should be approved of in Spain could be carried into execution, the situation of the parties, and the circumstances of affairs, might alter so entirely as to render its effects extremely pernicious. Nothing therefore remained but to send a person to Peru, vested with extensive and discretionary power, who,after viewing deliberately theposture of affairs with his own eyes, and inquiring upon the spot into the con- duct of the different leaders, should be authorized to establish the government in that form which he deemed most conducive to the interest of the parent state, and the welfare of the colony. The man se- lected for this important charge was Christoval Vaca de Castro, a judge in the court of royal audience at Valladolid ; and his abilities, integrity, and firmness, justified the choice. His instructions, though ample, were not such as to fetter him in his operations. Ac- cording to the different aspect of affairs, he had power to take upon him different characters. If he found the governor still alive, he was to assume only the title of judge, to maintain the appearance of acting in concert with him, and to guard against giving any just cause of offence to a man who had merited so highly of his country. But if Pizarro were dead, he was intrusted with a commission that he might then produce, by which he was appointed his suc- cessor in the government of Peru. This attention to Pizarro, however, seems to have flowed rather from a dread of his power, than from any approba- tion of his measures ; for at the very time that the court seemed so solicitous not to irritate him, his brother Ferdinand was arrested at Madrid and con- fined to a prison, where he remained above twenty years. [A. D. 1540.] While Vaca de Castro was preparing for his voyage, events of great moment happened in Peru. The governor considering himself, upon the death of Almxgro, a.s the unrivalled possessor of that vast empire, proceeded |to parcel out its territories among the conquerors ; and had this division been made \vith any degree of impartiality, the extent of country which he had to bestow was sufficient to have gratified his friends, and to have gained his enemies. But Pizarro conducted this transaction, not with the equity and candour of a. judge attentive to discover and to reward merit, but with the illiberal spirit of a party leader. Large districts, in parts of the country most cultivated and populous, were set apart as his own property, or granted to his brothers, his adherents, and favourites. To others lots less valuable and inviting were assigned. The follow- ers of Almagro, amongst whom were many of the original adventurers to whose valour and perseverance Pizarro was indebted for his success, were totally excluded from any portion in those lands, towards the acquisition of which they had contributed so largely. As the vanity of every individual set an immoderate value upon his own services, and the idea of each concerning the recompence due to them arose gradually to a more exorbitant height in proportion as their conquests extended, all who were disap- pointed in their expectations, exclaimed loudly against the rapaciousness and partiality of the gover- nor. The partisans of Almagro murmured in secret, and meditated revenge. Rapid as the progress of the Spaniards in South America had been since Pizarro landed in Peru, their avidity of dominion was not yet satisfied. The officers to whom Ferdinand Pizarro gave the command of different detachments, penetrated into several new provinces, and though some of them were exposed to great hardships in the cold and barren regions of the Andes, and others suffered distress not inferior amidst the woods and marshes of the plains, they made discoveries and conquests which not only ex- tended their knowledge of the country, but added considerably to the territories of Spain in the New World. Pedro de Valdivia reassumed Almagro's scheme of invading Chili, and notwithstanding the fortitude of the natives in defending their posses- sions, made such progress in the conquest of the country, that he founded the city of St. Jago, and gave a beginning to the establishment of the Spanish dominion in that province. But of all the enter- prises undertaken about this period, that of Gonzalo Pizarro was the most remarkable. The governor, who seems to have resolved that no person in Peru should possess any station of distinguished emi- nence or authority but those of his own family, had deprived Benalcazar, the conqueror of Quito, of his command in that kingdom, and appointed his brother Gonzalo to take the government of it. He instructed him to attempt the discovery and conquest of the country to the east of the Andes, which, according to the information of the Indians, abounded with cin- namon and other valuable spices. Gonzalo, not in- ferior to any of his brothers in courage, and no less ambitious of acquiring distinction, eagerly engaged in this difficult service. He set out from Quito at the head of three hundred and forty soldiers, near one-half of whom were horsemen ; with four thou- sand Indians to carry their provisions. In forcing their way through the defiles, or over the ridges, of the Andes, excess of cold and fatigue, to neither of which they were accustomed, proved fatal to the greater part of their wretched attendants. The Spaniards, though more robust, and inured to a va- riety of climates, suffered considerably, and lost some men ; but when they descended into the low country their distress increased. During two months it rained incessantly, without any interval of fair weather long enough to dry their clothes. The immense plains upon which they were now entering, either altogether without inhabitants, or occupied by the rudest and and least industrious tribes in the New World, yie'ded little subsis'ence. They could not advance a step but as they cut a road through woods, or made 1.52 THE HISTORY OP AMERICA. it through marshes. Such incessant toil, and con- tinual scarcity of food, seem more than sufficient to have exhausted and dispirited any troops. But the fortitude and perseverance of the Spaniards in the sixteenth century were insuperable. Allured by frequent but false accounts of rich countries before them, they persisted in struggling on, until they reached the banks of the Coca or Napo, one of the large rivers whose waters pour into the Maragnon, and contribute to its grandeur. There, with infinite labour, they built a bark, which they expected would prove of great utility, in conveying them over rivers, in procuring provisions, and in exploring the country. This was manned with fifty soldiers, under the com- mand of Francis Orellana, the officer next in rank to Pi/arro. The stream carried them down with such rapidity, that they were soon far a-head of their coun- trymen, who followed slowly and with difficulty by land. At this distance from his commander, Orellana, a young man of an aspiring mind, began to fancy him- self independent, and transported with the predomi- nant passion of the age, he formed the scheme of distinguishing himself as a discoverer, by following the course of the Maragnon, until it joined the ocean, and by surveying the vast regions through which it flows. This scheme of Orellana's was as bold us it was treacherous. For, if he be chargeable with the guilt of having violated his duty to his commander, and with having abandoned his fellow-soldiers in a path- less desert, where they had hardly any hopes of suc- cess, or even of safety, but what weve founded on the service which they expected from the bark ; his crime is, in some measure, balanced by the glory of having ventured upon a navigation of near two thou- sand leagues, through unknown nations, in a vessel hastily constructed, with green timber, and by very unskilful hands, without provisions, without a com- pass, or a pilot. But his courage and alacrity sup- plied every defect. Committing himself fearlessly to the guidance of the stream, the Napo bore him along to the south, until he reached the great channel of the Maragnon. Turning with it towards the coast, he held on his course in that direction. He made frequent descents on both sides of the river, some- times seizing by force of arms the provisions of the fierce savages seated on its banks, and sometimes procuring a supply of food by a friendly intercourse with more gentle tribes. After a long series of dangers, which he encountered with amazing forti- tude, and of distresses which he supported with no less magnanimity, he reached the ocean- (137), where new perils awaited him. These he likewise sur- mounted, and got safe to the Spanish settlement in the island of Cubagua ; from thence he sailed to Spain. The vanity natural to travellers who visit regions unknown to the rest of mankind, and the art of an adventurer solicitous to magnify his own merit, concurred in prompting him to mingle an ex- traordinary proportion of the marvellous in the nar- rative of his voyage. He pretended to have discovered nations so rich, that the roofs of their temples were covered with plates of gold ; and described a repub- lic of women so warlike and powerful, as to have extended their dominion over a considerable tract ol the fertile plains which he had visited. Extravagant as those tales were they gave rise to an opinion, that a region abounding with gold, distinguished by the name of El Dorado, and a community of Amazons, were to be found in this part of the New World : and such is the propensity of mankind to believe what is wonderful, that it has been slowly and with difficulty that reason and observation have exploded those fables. The voyage, however, even when strip- ped of every romantic embellishment, deserves to be recorded, not only as one of the most memorable occurrences in that adventurous age, but as the first event which led to any certain knowledge of the ex- tensive countries that stretch eastward from the Andes to the ocean. No words can describe the consternation of Pizarro, when he did not find the bark at the confluence of the Napo and Maragnon, where he had ordered Orel- lana to wait for him. He would not allow himself to suspect til** a man whom he had intrusted with such an important command, could be so base and so un- feeling iis to desert him at such a juncture. But imputing his absence from the place of rendezvous to sumo unknown accident, he advanced above fifty leagues along the banks of the Maragnon, expecting every moment to see the bark appear with a supply of provisions [A. D. 1541]. At length he came up with an officer whom Orellana had left to perish in the desert, because he had the courage to remonstrate against his perfidy. From him he learned the ex- tent of Orellana's crime, and his followers perceived at once their own desperate situation, when deprived of their only resource. The spirit of the stoutest- hearted veteran sunk within him, and all demanded to be led back instantly. Pizarro, though he assumed an appearance of tranquillity, did not oppose their inclination. But he was now twelve hundred miles from Quito; and in that long march the Spaniards encountered hardships greater than those which they had endured in their progress outward, without the alluring hopes which then soothed and animated them under their sufferings. Hunger compelled them to feed on roots and berries, to eat all their dogs and horses, to devour the most loathsome reptiles, and even to gnaw the leather of their saddles and sword- belts. Four thousand Indians, and two hundred and ten Spaniards, perished in this wild disastrous expe- dition, which continued near two years ; and as fifty men were aboard the bark with Orellana, only four- score got back to Quito. These were naked like savages, and so emaciated with famine, or worn out with fatigue, that they had more the appearance of spectres than men. But, instead of returning to enjoy th<> repose which his condition required, Pizarro, on entering Quito, received accounts of a fatal event that threat- ened calamities more dreadful to him than those through which he had passed. From the time that his brother made that partial division of his conquests which has been mentioned, th adherents of Almagro, considering themselves as proscribed by the party in power, no longer entertained any hope of bettering their condition. Great numbers in despair resorted to Lima, where the house of young Almagro was always open to them, and the slender portion of his father's fortune which the governor allowed him to enjoy, was spent in affording them subsistence. The warm attchment with which every person who had served under the elder Almagro devoted himself to his interests, was quickly transferred to his son, who was now grown up to the age of manhood, and pos- sessed all the qualities which captivate the affections of soldiers. Of a graceful appearance, dexterous at all martial exercises, bold, open, generous, he seemed to be formed for command ; and as his father, con- scious of his own inferiority, from the total want of education, had been extremely attentive to have him instructed in every science becoming a gentleman, tho accomplishments which he had acquired heightened THE HISTORY OF AMERICA. 153 the respect of his followers, as they gave him dis- tinction and eminence among illiterate adventur- ers. In this young man the Almagrians found a point of union which they wanted, and looking up to him as their head, were ready to undertake any thing for his advancement. Nor was affection for Almagro their only incitement ; they were urged on by their own distresses. Many of them, destitute of common necessaries (138), and weary of loitering away life, a burden to their chief, or to such of their associates as had saved some remnant of their fortune from pillage and confiscation, longed impatiently for an occasion to exert their activity and courage, and began to deliberate how they might be avenged on the author of all their misery. Their frequent cabals did not pass unobserved ; and the governor was warned to be on his guard against men who meditated some des- perate deed, and had resolution to execute it. But either from the native intrepidity of his mind, or from contempt of persons whose poverty seemed to render their machinations of little consequence, he disre- garded the admonitions of his friends. " Be in no pain," said he carelessly, " about my life; it is per- fectly safe, as long as every man in Peru knows that I can in a moment cut off any head which dares to harbour a thought against it." This security gave the Almagrians full leisure to digest and ripen every part of their scheme ; and Juan de Harrada, an officer of great abilities, who had the charge of Almagro's education, took the direction of their consultations with all the zeal which this connexion inspired, and with all the authority which the ascendant that he was known to have over the mind of his pupil gave him. On Sunday the twenty-sixth of June, at mid-day, the season of tranquillity and repose in all sultry climates, Herrada, at the head of eighteen of the most determined conspirators, sallied out of Alma- gro's house in complete armour ; and, drawing their swords, as they advanced hastily towards the governor's palace, cried out, " Long live the king, but let the tyrant die !" Their associates, warned of their motions by a signal, were in arms at differ- ent stations ready to support them. Though Pizarro was usually surrounded by a numerous train of attendants as suited the magnificence of the most opulent subject of the age in which he lived, yet as he was jtut risen from table, and most of his domes- tics had retired to their own apartments, the conspi- rators passed through the two outer courts of the palace unobserved. They were at the bottom of a staircase before a page in waiting could give the alnrm to his master, who was conversing with a few friends in a large hall. The governor, whose steady mind no form of danger could appal, starting up, called for arms, and commanded Francisco de Chaves to make fast the door. But that officer, who did not retain so much presence of mind as to obey this prudent order, running to the top of the stair-case, wildly asked the conspirators what they meant, and whither they were going ? Instead of answering, they stabbed him to the heart, and burst into the hall. Some of the per- sons who were there threw themselves from the win- dows ; others attempted to fly ; and a few drawing their swords followed their leader into an inner apartment. The conspirators, animated with having the object of their vengeance now in view, rushed forward after them. Pizarro, with no other arms than his sword and buckler, defended the entry ; and supported by his half-brother Alcantara, and his little knot of friends, he maintained the unequal contest with intrepidity worthy of his past exploits, THE HISTORY OF AMERICA, No. 20. and with ^ the vigour of a youthful combatant' " Courage," cried he, "companions ! we are yet enow to make those traitors repent of their audacity." But the armour of the conspirators protected them, while every thrust they made took effect. Alcantara fell dead at his brother's feet ; his other defenders were mortally wounded. The governor, so weary that he could hardly wield his sword, and no longer able to parry the many weapons furiously aimed at him, received a deadly thrust full in the throat, sunk to the ground, and expired. As soon as he was slain, the assassins ran out into the streets, and waving their bloody swords, pro- claimed the death of the tyrant. Above t\vo hundred of their associates having joined them, they conducted young Almngro in solemn procession through the city, and assembling the magistrates and principal citizens, compelled the:n to acknowledge him as lawful suc- cessor to his father in his government. The palace of Pizarro, together with the houses of several of his adherents were pillaged by the soldiers, who had the satisfaction at once of being avenged on their enemies, and of enriching themselves by the spoils of those through whose hands all the wealth of Peru had passed. The bold: > and success of the- conspiracy, as well as the name and popular qualities of Alrnagro, drew many soldiers to his standard. Every adventurer of desperate fortune, all who were dissatisfied with Pizarro, and from the rapaciousnes of his government in the latter years of his life the number of malcon- tents was considerable, declared without hesitation in favour of Almagro, and he was soon at the head of eight hundred of the most gallant veterans in Porn. As his youth and inexperience disqualified him from taking the command of them himself, he appointed Herrada to act as general. But though Almagro speedily collected such a respectable force, the acquiescence in his government was far from being general. Pizarro had left many friends to whom his memory was dear ; the barbarous assassi- nation of a man to whom his country was so highly indebted, filled every impartial person with horror. The ignominious birth of Almagro, as well as the doubtful title on which he founded his pretensions, led others to consider him as an usurper. The offi- cers who commanded in some provinces refused to recognise his authority, until it was confirmed by the emperor. In others, particularly at Cuzco, the royal standard was erected, and preparations were begun in order to revenge the murder of their ancient leader. Those seeds of discord, which could not have lain long dormant, acquired great vigour and activity when the arrival of Vaca de Castro was known. After a long and disastrous voyage, he was driven by stress of weather into a small harbour in the province of Popayan ; and proceeding from thence by land, after a journey no less tedious than difficult, he reached Quito. In his way he received accounts of Pizarro's death, and of the events which followed upon it. He immediately produced the royal commission, appoint- ing him governor of Peru, with the same privileges and authority ; and his jurisdiction was acknowledged without hesitation by Benalcazar, adelantado or lieu- tenant-general for the emperor in Popayan, and by Pedro de Puelles, who, in the absence of Gonzalo Pizarro, had the command of the troops left in Quito. Vaca de Castro not only assumed the supreme au- thoritv, but showed that he possessed the talents which the exercise of it at that juncture required. By his influence and address he soon assembled such X 154 THE HISTORY OF AME11ICA. a. body of troops, as not only to set him above all fear of being exposed to any insult from the adverse party, but enabled him to advance from Quito with the dignity that became his character. By de- spatching persons of confidence to the different set- tlements in Peru, with a formal notification of his arrival and of his commission, he communicated to his countrymen the royal pleasure with respect to the government of the country. By private emissaries, he excited such officers as had discovered their dis- approbation of Almagro's proceedings, to manifest their duty to their sovereign by supporting the per- son honoured with his commission. Those measures were productive of great effects. Encouraged by the approach of the new governor, or prepared by his mhinations, the loyal were confirmed in their prin- ciples, and avowed them with greater boldness ; the timid ventured to declare their sentiments ; the neutral and wavering, finding it necessary to choose a side, began to lean to that which now appeared to be the safest, as well as the most just. Almagro observed the rapid progress of this spirit of disaffection to his cause, and in order to give an effectual check to it before the arrival of Vaca de Castro, he set out at the head of his troops for Cuzco, [A. D. 1542,] where the most considerable body of opponents had erected the royal standard, under the command of Pedro Alvarez Holguin. During his march thither, Herrada, the skilful guide of his youth and of his counsels, died; and from that time his measures were conspicuous for their violence, but concerted with little sagacity, and executed with no address. Holguin, who, with forces far inferior to those of the opposite party, was descending towards the coast at the very time that Almagro was on his way to Cuzco, deceived his inexperienced adversary by a very simple stratagem, avoided an engagement, and effected a junction with Alvarado, an officer of note, who had been the first to declare against Alma- gro as an usurper. Soon after, Vaca de Castro entered their camp with the troops which he brought from Quito, and erecting the royal standard before his own tent, he declared that, as governor, he would discharge in person all the functions of gen oral of their combined forces. Though formed by the tenor of his past life to the habits of a sedentary and pacific profession, he at once assumed the activity, and discovered the decision, of an officer long accustomed to command. Knowing his strength to be now far superior to that of the enemy, he was impatient to terminate the contest by a battle. Nor did the followers of Almagro, who had no hopes of obtaining a pardon for a crime so atrocious as the murder of the governor, decline that mode of deci- sion. They met atChupaz, about two hundred miles from Cuzco, and fought with all the fierce animosity inspired by the violence of civil rage, the rancour of private enmity, the eagerness of revenge, and the last efforts of despair. Victory, after remaining long doubtful, declared at last for Vaca de Castro. The superior number of his troops, his own intrepidity, and the martial talents of Francisco de Carvajal, a veteran officer formed under the great captain in the wars of Italy, and who on that day laid the foundation of his future fame in Peru, triumphed over the bra- very of his opponents, though led on by young Alma- gro with a gallant spirit, worthy of a better cause, and deserving another fate. The carnage was great in proportion to the number of the combatants. Many of the vanquished, especially such as were onscious that they might be charged with being ac- wsary t tta assassination of Piaarro, rushing on the swords of the enemy, chose to fall like soldiers, rather than wait an ignominious doom. Of fourteen hun- derd men, the total amount of combatants on both sides, five hundred lay dead on the field, and the number of the wounded was still greater. If the military talents displayed by Vaca de Cas- tro, both in the council and field, surprised the ad- venturers in Peru, they were still more astonished at his conduct after the victory. As he was by nature a rigid dispenser of justice, persuaded that it required examples of extraordinary severity to restrain the licentious spirit of soldiers so far removed from the seat of government, he proceeded directly to try his prisoners as rebels. Forty were condemned to suffer the death of traitors, others were banished from Peru. Their leader, who made his escape from the battle, being betrayed by some of his officers, was publicly beheaded in Cuzco ; and in him the name of Alma- gro, and the spirit of the party, was extinct. During those violent convulsions in Peru, the emperor and his ministers were intently employed in preparing regulations, by which they hoped, not only to re-establish tranquillity there, but to introduce a more perfect system of internal policy into all their settlements in the New World. It is manifest from all the events recorded in the history of America, that, rapid and extensive as the Spanish conquests there had been, they were not carried on by any regular exertion of the national force, but by the occasional efforts of private adventurers. After fitting out a few of the first armaments for discover- ing new regions, the court of Spain, during the busy reigns of Ferdinand and of Charles V., the former the most intriguing prince of the age, and the latter the most ambitious, was encumbered with such a multiplicity of schemes, and involved in war with so many nations of Europe, that he had not leisure to attend to distant and less interesting objects. The care of prosecuting discovery, or of attempting con- quest was abandoned to individuals ; and with such ardour did men push forward in this newr career, on which novelty, the spirit of adventure, avarice, ambition, and the hope of meriting heaven, prompted them with combined influence to enter, that in less than half a century almost the whole of that extensive empire which Spain now possesses in the New World, was subjected to its dominion. As the Spanish court contributed nothing towards the various expeditions undertaken in America, it was not entitled to claim much from their success. The sovereignty of the conquered provinces, with the fifth of the gold and silver, was reserved for the crown ; every thing else was seized by the associates in each expedition as their own right. The plunder of the countries which they invaded served to in- demnify them for what they had expended in equip- ping themselves for the service, and the conquered territory was divided among them, according to rules which custom had introduced, as permanent establishments which their successful valour merited. In the infancy of those settlements, when their extent as well as their value were unknown, many irregula- rities escaped observation, and it was found necessary to connive at many excesses. The conquered peo- ple were frequently pillaged with destructive rapacity, and their country parcelled out among its new mas- ters in exorbitant shares, far exceeding the highest recompence due to their services. The rude con- querors of America, incapable of forming their es- tablishments upon any general or extensive plan of policy, attentive only to private interest, unwilling to forego present gain from the prospect of remote or *THE HISTORY OF AMERICA. 155 public benefit, seem to have had no object but to amass sudden wealth, without regarding what might be the consequences of the means by which they acquired it. But when time at length discovered to the Spanish court the importance of its American possessions, the necessity of new-modelling their whole frame became obvious, and in place of the maxims and practices prevalent among military ad- venturers, it was found requisite to substitute the institutions of regular government. One evil in particular called for an immediate remedy. The conquerors of Mexico and Peru imi- tated the fatal example of their countrymen settled in the islands, and employed themselves in searching for gold and silver with the same inconsiderate eagerness. Similar effects followed. The natives employed in this labour by masters, who in imposing tasks had no regard either to what they felt or to what they were able to perform, pined away and perished so fast, that there was reason to apprehend that Spain, instead of possessing countries peopled to such a degree as to be susceptible of progressive improvement, would soon remain proprietor only of a vast uninhabited desert. The emperor and his ministers were so sensible of this, and so solicitous to prevent the extinction of the Indian race, which threatened to render their acquisitions of no value, that from time to time various laws, which I have mentioned, had been made for securing to that unhappy people more gentle and equitable treatment. But the distance of Ame- rica from the seat of empire, the feebleness of government in the new colonies, the avarice and audacity of soldiers unaccustomed to restraint, pre- vented those salutary regulations from operating with any considerable influence. The evil continued to grow, and at this time the emperor found an interval of leisure from the affairs of Europe to take it into attentive consideration. He consulted not only with his ministers and the members of the council of the Indies, but called upon several persons who had resided long in the Near World, to aid them with the result of tlieir experience and observation. Fortunately for the people of America, among these was Bartholomew de las Casas, who happened to be then at Madrid on a mission from a chapter of his order at Chiapa. Though since the miscarriage of his former scheme for the relief of the Indians, he had continued shut up in his cloister, or occupied in religious functions, his zeal in behalf of the former objects of his pity was so far from abating, that, from an increased knowledge of their sufferings, its ardour had augmented. He seized eagerly this opportunity of reviving his favourite maxims con- cerning the treatment of the Indians. With the moving eloquence natural to a man on whose mind the scene which he had beheld had made a deep impression, he described the irreparable waste of the human species in the New World, the Indian race almost totally swept away in the islands in less than fifty years, and hastening to the extinction on the continent with the same rapid decay. With the decisive tone of one strongly prepossessed with the truth of his own system, he imputed all this to a single cause, to the exactions and cruelty of his countrymen, and contended that nothing could pre- vent the depopulation of America, but the declaring of its natives to be freemen, and treating them as subjects, not as slaves. Nor did he confide for the success of this proposal in the powers of his oratory alone. In order to enforce them, he composed his famous treatises concerning the destruction of Ame- rica, in which he relates, with many horrid circum- stances, but with apparent marks of exaggerated description, the devastation of every province which had been visited by the Spaniards. The emperor was deeply afflicted with the recital of so many actions shocking to humanity. But as his views extended far beyond those of Las Casas, he perceived that relieving the Indians from oppres- sion was but one step towards rendering his posses- sions in the New World a valuable acquisition, and would be of little avail, unless he could circumscribe the power and usurpations of his own subjects there. The conquerors of America, however great their merit had been towards their country, were mostly persons of such mean birth, and of such an abject rank in society, as gave no distinction in the eye of a monarch. The exorbitant wealth with which some of them returned, gave umbrage to an age not accus- tomed to see men in inferior condition elevated above their level, and rising to emulate or to sur- pass the ancient nobility in splendour. The territories which their leaders had appropriated to themselves were of such enormous extent (139), that if the country should ever be improved in proportion to the fertility of the soil, they must grow too wealthy and too powerful for subjects. It appeared to Charles that this abuse required a remedy no less than the other, and that the regulations concerning both must be enforced by a mode of government more vigorous than had been introduced into America. With this view he framed a body of laws, con- taining many salutary appointments with respect to the constitution and powers of the supreme council of the Indies; concerning the station and jurisdiction of the royal audiences in different parts of America ; the administration of justice ; the order of govern- ment, both ecclesiastical and civil. These were ap- proved of by all ranks of men. But together with them were issued the following regulations, which excited universal alarm, and occasioned the most violent convulsions : " That as the repartimiento* or shares of land seized by several persons appeared to be excessive, the royal audiences are empowered to reduce them to a moderate extent : That upon the death of any conqueror or planter, the lands and Indians granted to him shall not descend to his widow or children, but return to the crown : That the Indians shall henceforth be exempt from personal service, and shall not be compelled to carry the bag- gage of travellers, to labour in the mines, or to dive in the pearl fisheries : That the stated tribute due by them to their superior shall be ascertained, and they shall be paid as servants for any work they volun- tarily perform : That all persons who are or have been in public offices, all ecclesiastics of every deno- mination, all hospitals and monasteries, shall be de- prived of the lands and Indians allotted to them, and. these be annexed to the crown : That every person in Peru, who had any criminal concern in the con- tests between Pizarro and Alamgro, should forfeit his lands and Indians." All the Spanish ministers who had hitherto been intrusted with the direction of American affairs, and who were best acquainted with the state of the country, remonstrated against those regulations as ruinous to their infant colonies. They represent that the number of Spaniards who had hitherto emigrated to the New World was so extremely small, that nothing could be expected from any effort of their* towards improving the vast regions over which they were scattered ; that the success of every scheme for this purpose must depend upon the ministry and 156 THE HISTORY OP AMERICA. service of the Indians, whose native indolence and aversion to labour, no prospect of benefit or promise of reward could surmount ; that the moment the right of imposing a task, and exacting the per- formance of it, was taken from their masters, every work of industry must cease, and all the sources from which wealth began to pour in upon Spain must be stopped for ever. But Charles, tenacious at all times of his own opinions, and so much impressed at pre- sent with the view of the disorders which reigned in America, that he was willing to hazard the applica- tion even of a dangerous remedy, persisted in his resolution of publishing the laws. That they might be cairied into execution with greater vigour and authority, he authorized Francisco Tello de Sandoval to repair to Mexico as vititador or superintenclant of that country, and to co-operate with Antcnio de Mendoza, the viceroy, in enforcing them. He ap- pointed Blasco Nugnez Vela to be governor of Peru with the title of viceroy; and in order to strengthen his administration, he established a court of royal audience in Lima, in which four lawyers of eminence were to preside as judges. The viceroy and superintendant sailed at the same time; and an account of the laws which they were to enforce reached America before them. The entry of Sandoval into Mexico was viewed as the prelude of general ruin. The unlimited grant of liberty to the Indians affected every Spaniard in America without distinction ; and there was hardly one who might not on some pretext be included under the other regula- tions, and suffer by them. But the colony in New Spain had now been so long accustomed to the re- straints of law and authority under the steady and prudent administration of Mendoza, that how much soever the spirit of the new statutes was detested and dreaded, no attempt was made to obstruct the publication of them by any act of violence unbecom- ing subjects. The magistrates and principal inha- bitants, however, presented dutiful addresses to the viceroy and superintendant, representing the fatal consequences of enforcing them. Happily for them, Mendoza, by long residence in the country, was so thoroughly acquainted with its state, that he knew what was for its interest as well as what it could bear ; and Sandoval, though new in office, displayed a degree of moderation seldom possessed by persons just entering upon the exercise of power. They en- gaged to suspend, for some time, the execution of what was^ffensive in the new laws, and not only con- sented that a deputation of citizens should be sent to Europe to lay before the emperor the apprehensions of his subjects in New Spain with respect to their tendency and effects, but they concurred with them in supporting their sentiments. Charles, moved by the opinion of men whose abilities and integrity entitled them to decide concerning what fell immediately under their own view, granted such a relaxation of the rigour of the laws as re-established the colony in its former tranquillity. [A. D. 1543.] In Peru the storm gathered with an aspect still more fierce and threatening, and was not so soon dispelled. The conquerors of Peru, of a rank much inferior to those who had subjected Mexico to the Spanish crown, further removed from the inspec- tion of the parent stater, and intoxicated with the sud- den acquisition of wealth, carried on all their opera- tions with greater license and irregularity than any body of adventurers in the New World. Amidst the general subversion of law and order, occasioned by two successive civil wars, when each individual was at liberty to decide for himself, without any guide but his own interest or passions, this turbulent spirit rose above all sense of subordination. To men thus cor- rupted by anarchy, the introduction of regular govern- ment, the power of a viceroy, and the authority of a respectable court of judicature, would of themselves have appeared formidable restraints, to which they would have submitted with reluctance. But they revolted with indignation against the idea of comply- ing with laws, by which they were to be stripped at once of all they had earned so hardly during many years of service and suffering. As the account of the new laws spread successively through the different settlements, the inhabitants ran together, the women in tears, and the men exclaiming against the injustice and ingratitude of their sovereign in depriving them, unheard and unconvicted, of their possessions. " Is this," cried they, " the recompence due to persons, who, without public aid, at their own expense, and by their own valour, have subjected to the crown of Cas- tile territories of such immense extent and opulence? Are these the rewards bestowed for having endured unparalleled distress, for having encountered every species of danger in the service of their country? Whose merit is so great, whose conduct has been so irreproachable, that he may not be condemned by some penal clause in regulations, conceived in terms as loose and comprehensive as if it had been intended that all should be entangled in their snare ? Every Spaniard of note in Peru has held some public office, and all, without distinction, have been constrained to take an active part in the contest between the two rival chiefs. Were the former to be robbed of their property because they had done their duty ? Were the latter to be punished on account of what they could not avoid ? Shall the conquerors of this great empire, instead of receiving marks of distinction, be deprived of the natural consolation of providing for their widows and children, and leai-e them to depend for subsistence on the scanty supply they can extort from unfeeling courtiers ? We are riot able now, con- tinued they, to explore unknown regions in quest of more secure settlements; our constitutions debilitated with age, and our bodies covered with wounds, are no longer fit for active service; but still we possess vigour sufficient to assert our just rights, and we will not tamely suffer them to be wrested from us." By discourses of this sort, uttered with vehemence, and listened to with universal approbation, their pas- sions were inflamed to such a pitch, that they were prepared for the most violent measures, and began to hold consultations in different places, how they might oppose the entrance of the viceroy and judges, and prevent not only the execution but the promulgation of the new laws. From this, however, they were diverted by the address of Vaca de Castro, who flat- tered them with hopes, that as soon as the viceroy and judges should arrive, and had leisure to examine their petitions and remonstrances, they would concur with them in endeavouring to procure some mitigation in the rigour of laws, which had been framed without due attention either to the state of the country or to the sentiments of the people. A greater degree of accommodation to these, and even some concessions on the part of government, were now become requisite to compose the present ferment, and to soothe the colo- nists into submission, by inspiring them with confi- dence in their superiors. But without profound dis- cernment, conciliating manners, and flexibility of temper, such a plan could not be cairied on. The viceroy possessed none of these. Of all the qualities that fit men for high command, he was endowed only with integrity and courage; the former harsh and un- THE HISTORY OP AMERICA. complying, the latter bordering so frequently on rash- ness or obstinacy, that in his situation they were defects rather than virtues. From the moment that he landed at Tumbez, [March 4] Nugnez Vela seems to have considered himself merely as an executive ofTicer, -without any discretionary power; and, regard- less of whatever he observed or heard concerning the state of the country, he adhered to the letter of the regulations with unrelenting rigour. In all the towns through which he passed the natives were declared to be free ; every person in public office was deprived of his lands and servants ; and as an example of obedience to others, he would not suffer a single Indian to carry his own baggage in his march towards Lima. Amazement and con- sternation went before him as he approached ; and so little solicitous was he to prevent these from aug- menting, that on entering the capital he openly avowed, that he came to obey the orders of his so- vereign, not to dispense with his laws. This harsh declaration was accompanied with what rendered it still more intolerable, haughtiness in deportment, a tone of arrogance and decision in discourse, and an insolence of ofiice grievous to men little accustomed to hold civil authority in high respect. Every attempt to procure a suspension or mitigation^ of the new laws, the viceroy considered as flowing from a spirit (,f disaffection that tended to rebellion. Several per- sons of rank were confined, and some put to death, without any form of trial. Vaca de Castro was arrested, and notwithstanding the dignity of his former rank, and his merit in having prevented a general insurrection in the colony, he was loaded with chains, and shut up in the common gaol. But however general the indignation was against such proceedings, it is probable the hand of authority would have been strong enough to suppress it, or to prevent it bursting out with open violence, if the malcontents had not been provided with a leader of credit and eminence to unite and to direct their efforts. From the time that the purport of the new regulations was known in Peru, every Spaniard there turned his eyes towards Gonzalo Pizarro, as the only person able to avert the ruin with which they threatened the colony. From all quarters, letters and addresses were sent to him, conjuring him to stand forth as their common protector, and offering to sup- port him in the attempt with their lives and fortunes. Gonzalo, though inferior in talents to his brothers, was equally ambitious, and of courage no less daring. The behaviour of an ungrateful court towards his brothers and himself dwelt continually on his mind. Ferdinand a state prisoner in Europe, the children of the governor in custody of the viceroy, and sent aboard his fleet, himself reduced to the condition of a private citizen in a country, for the discovery and conquest of which Spain was indebted to his family; these thoughts prompted him to seek for vengeance, and to assert the rights of his family, of which he now considered himself as the guardian and the heir. But as no Spaniard can easily surmount that venera- tion for his sovereign which seems to be interwoven in his frame, the idea of marching in arms against the royal standard filled him with horror. He hesitated long, and was still unresolved, when the violence of the viceroy, the universal call of his countrymen, and the certainty of becoming soon a victim himself to the severity of the new laws, moved him to quit his resi- dence at Chuquisaca de la Plata, and repair to Cuzco. All the inhabitants went out to meet him, and received him with transports of joy as the deliverer of the colony. In the fervour of their zeal, they elected him procu- rator-general of the Spanish nation in Peru, to solicit the repeal of the late regulations.- They empowered him to lay their remonstrances before the royal au- dience in Lima, and, upon pretext of danger from the Indians, authorized him to march thither in arms, [A.D. 1554.] Under sanction of this nomination, Pizarro took possession of the royal treasure, appointed officers, levied soldiers, seized a large train of artil- lery which Vaca de Castro had deposited in Guman- ga, and set out for Lima, as if he had been advancing against a public enemy. Disaffection having now assumed a regular form, and being united under a chief of such distinguished name, many persons of note resorted to his standard ; and a considerable part of the troops, raised by the viceroy to oppose his progress, deserted to him in a body. Before Pizarro reached Lima, a revolution had happened there, which encouraged him to proceed with almost certainty of success. The violence of the viceroy's administration was not more formidable to th Spaniards of Peru, than his overbearing haughtiness was odious to his associates, the judges of the royal audience. During their voyage from Spain some symptoms of coldness between the viceroy and them began to appear. But as soon as they entered upon the exercise of their respective offices, both parties were so much exasperated by frequent contests, arising from interference of jurisdiction and con- trariety of opinion, that their mutual disgust soon grew into open enmity. The judges thwarted the viceroy in every measure, set at liberty prisoners whom he had confined, justified the malcontents, and applauded their remonstrances. At a time when both depart- ments of government should have united against the approaching enemy, they were contending with each other for superiority. The judges at length pre- vailed. The viceroy, universally odious, and aban- doned even by his own guards, was seized in his pa- lace, [Sept. 18] and carried to a desert island on the coast, to be kept there until he could be sent home to Spain. The judges, in consequence of this, having assumed the supreme direction of affairs into their own hands, issued a proclamation suspending the execution of the obnoxious laws, and sent a message to Pizarro, requiring him, as they had already granted whatever he could request, to dismiss his troops, and to repair to Lima with fifteen or twenty attend- ants. They could hardly expect that a man so daring and ambitious would tamely comply with this requisition. It was made probably with no such in- tention, but only to throw a decent veil over thejr own conduct ; for Cepeda, the president of the court of audience, a pragmatical and aspiring lawyer, seems to have held a secret correspondence with Pizarro, and had already formed the plan, which he afterwards executed, of devoting himself to his service. The imprisonment of the viceroy, the usurpation of the judges, together with the universal confusion and anarchy consequent upon events so singular aud unexpected, opened new and vast prospects to Pizarro. lie now beheld the supreme power within his reach. Nor did he want courage to push on to- wards the object which fortune presented to his view. Carvajal, the prompter of his resolutions and guide of all his actions, had long fixed his eye upon it as the only end at which Pizarro ought to aim. Instead of the inferior function of procurator for the Spanish settlements in Peru, he openly demanded to be governor and captain-general of the whole province, and required the court of audience to grant him, a commission to that effect. At the head of twelve hundred men, within a mile of Lima, where there 158 THE HISTORY OP AMERICA. was neither leader nor army to oppose him, such a request carried with it the authority of a command. But the judges either from unwillingness to relin- quish power, or from a desire of preserving some attention to appearances, hesitated, or seemed to hesitate, about complying with what he demanded. Carvajal, impatient of delay, and impetuous in all his operations, marched into the city by night, seized several officers of distinction obnoxious to Pizarro, and hanged them without the formality of a trial. Next morning the court of audience issued a commis- sion in the emperor's name, appointing Pizarro governor of Peru, with full powers, civil as well as military, and he entered the town that day with ex- traordinary pomp, to take possession of his new dignity. [Oct. 28.] But amidst the disorder and turbulence which accompanied this total dissolution of the frame of government, the minds of men, set loose from the ordinary restraints of law and authority, acted with such capricious irregularity, that events no less extra- ordinary than unexpected followed in a rapid succes- sion. Pizarro had scarcely begun to exercise the new powers with which he was invested, when he beheld formidable enemies rise up to oppose him. The vice- roy having been put on board a vessel by the judges of the audience, in order that he might be carried to Spain under custody of Juan Alvarez, one of their own number ; as soon as they were out at sea, Alva- rez, either touched with remorse, or moved by fear, kneeled down to his prisoner, declaring him from that moment to be free, and that he himself, and every person in the ship, would obey him as the legal re- presentative of their sovereign. Nugnez Vela ordered the pilot of the vessel to shape his course towards Tumbez, and as soon as he landed there erected the royal standard, and resumed his functions of viceroy. Several persons of note, to whom the contagion of the seditious spirit which reigned at Cuzco and Lima had not reached, instantly avowed their resolution to sup- port his authority. The violence of Pizarro's govern- ment, who observed every individual with the jealousy natural to usurpers, and who punished every appear- ance of disaffection with unforgiving severity, soon augmented the number of the viceroy's adherents, as it forced some leading men in the colony to fly to him for refuge. While he was gathering such strength at Tumbez, that his forces began to assume the appear- ance of what was considered as an army in America, Diego Centeno, a bold and active officer, exasperated by the cruelty and oppression of Pizarro's lieutenant- governor in the province of Charcas, formed a con- spiracy against his life, cut him off, and declared for the viceroy. [A. D. 1 545.] Pizarro, though alarmed with those appearances of hostility in the opposite extremes of the empire, was not disconcerted. He prepared to assert the authority to which he had attained with the spirit and conduct of an officer accustomed to command, and marched directly against the viceroy, as the enemy who was nearest as well as most for- midable. As he was master of the public revenues in Peru, and most of the military men were attached to his family, his troops were so numerous, that the viceroy, unable to face them, retreated towards Quito. Pizarro followed him ; and in that long march, through a wild mountainous country, suffered hard- ships and encountered difficulties, which no troops but those accustomed to serve in America could have endured or surmounted. The viceroy had scarcely reached Quito, when the vanguard of Pizarro's forces appeared, led by Carvajal, who, though near four- score, was as hardy and active as any young soldier under his command. Nugnez Vela instantly aban- doned a town incapable of defence, and with a rapidity more resembling a flight than a retreat, marched into the province of Popayan. Pizarro con- tinued to pursue ; but finding it impossible to over- take him, returned to Quito. From thence he de- spatched Carvajal to oppose Centeno, who was grow- ing formidable in the southern provinces of the em- pire, and he himself remained there to make head against the viceroy. By his own activity, and the assistance of Benal- cazar, Nugnez Vela soon assembled four hundred men in Popayan. As he retained, amidst all his dis- asters, the same elevation of mind, and the same high sense of his own dignity, he rejected with dis- dain the advice of some of his followers, who urged him to make overtures of accommodation to Pizarro, declaring that it was only by the sword that a contest with rebels could be decided [A. D. 1546.] With this intention he marched back to Quito. Pizarro, relying on the superior number, and still more on the dis- cipline and valour, of his troops, advanced resolutely to meet him [Jan. 18.] The battle was fierce and bloody, both parties fighting like men who knew that the possession of a great empire, the fate of their leaders, and their own future fortune, depended upon the issue of that day. But Pizarro's veterans pushed forward with such regular and well-directed force, that they soon began to make an impression on their enemies. The viceroy, by extraordinary exertions, in which the abilities of a commander and the courage of a soldier were equally displayed, held victory for some time in suspense. At length he fell, pierced with many wounds ; and the rout of his followers became general. They were hotly pursued. His head was cut off, and placed on the public gibbet in Quito, which Pizarro entered in triumph. The troops as- sembled by Centeno were dispersed soon after by Carvajal, and he himself compelled to fly to the mountains, where he remained for several months concealed in a cave. Every person in Peru, from the frontiers of Popayan to those of Chili, submitted to Pizarro ; and by his fleet, under Pedro de Hinojosa, he had not only the unrivalled command of the South sea, but had taken possession of Panama, and placed a garrison in Nombre de Dios, on the opposite side of the isthmus, which rendered him master of the only avenue of communication between Spain and Peru that was used at that period. After this decisive victory Pizarro and his follow- ers remained for some time at Quito, .and during the first transports of their exultation : they ran into every excess of licentious indulgence, with the riotous spirit usual among low adventurers upon extraordinary success. But amidst this dissipation, their chief and his confidants were obliged to turn their thoughts sometimes to what was serious, and deliberated with much solicitude concerning the part that he ought now to take. Carvajal, no less bold and decisive in council than in the field, had from the beginning warned Pizarro, that in the career on which he was entering it was vain to think of holding a middle course; that he must either boldly aim at all, or attempt nothing. From the time that Pizarro ob- tained possession of the government of Peru, he inculcated the same maxim with greater earnestness. Upon receiving an account of the victory at Quito, he remonstrated with him in a tone still more peremp- tory. " You have usurped," said he, in a letter written to Pizarro on that occasion, "the supreme power in this country, in contempt of the emperor's THE HISTORY OF AMERICA. 159 commission to the viceroy. You have marched in hostile array against the royal standard ; you have attacked the representative of your sovereign in the field, have defeated him, and cut off his head. Think not that ever a monarch will forgive such in- sults on his dignity, or that any reconciliation with him can be cordial or sincere. Depend no longer on the precarious favour of another. Assume yourself the sovereignty over a country, to the dominion of which your family has a title founded on the rights both of discovery and conquest. It is in your power to attach every Spaniard in Peru of any consequence inviolably to your interest, by liberal grants of lands and of Indians, or by instituting ranks of nobility, and creating titles of honour similar to those which are courted with so much eagerness in Europe. By establishing orders of knighthood, with privileges and distinctions resembling those in Spain, you may bestow a gratification upon the officers in your ser- vice, suited to the ideas of military men. Nor is it to your countrymen only that you ought to attend ; endeavour to gain the natives. By marrying the Coya, or daughter of the Sun next in succession to the crown, you will induce the Indians, out of venera- tion for the blood of their ancient princes, to unite with the Spaniards in support of your authority. Thus, at the head of the ancient inhabitants of Peru, as well as of the new settlers there, you may set at defiance the power of Spain, and repel with ease any feeble force which it can send at such a distance." Cepeda, the lawyer, who was now Pizarro's confiden- tial counsellor, warmly seconded Carvajal's exhorta- tions, and employed whatever learning he possessed in demonstrating that all the founders of great mon- archies had been raised to pre-eminence, not by the antiquity of their lineage, or the validity of their rights, but by their own aspiring valour and personal merit. Pizarro listened attentively to both, and could not conceal the satisfaction with which he contemplated the abject that they presented to his view. But, happily for the tranquillity of the world, few men possess that superior strength of mind, and extent of abilities, which are capable of forming and executing such daring schemes as cannot be accomplished without overturning the established order of society, and violating those maxims of duty which men are accustomed to hold sacred. The mediocrity of Pizarro's talents circumscribed his ambition within more narrow limits. Instead of aspiring at inde- pendent power, he confined his views to the obtain- ing from the court of Spain a confirmation of the authority which he now possessed ; and for that purpose he sent an officer of distinction thither, to give such a representation of his conduct, and of the state of the country, as might induce the emperor and his ministers, either from incli- nation or from necessity, to continue him in his present station. While Pizarro was deliberating with respect to the part which he should take, consultations were held in Spain, with no less solicitude, concerning the mea- sures which ought to be pursued in order to re- establish the emperor's authority in Peru. Though unacquainted with the last excesses of outrage to which the malcontents had proceeded in that country, the court had received an account of the insurrection against the viceroy, of his imprisonment, and the usurpation of the government by Pizarro. A revo- lution so alarming called for an immediate inter- position of the emperor's abilities and authority. But as he was fully occupied at that time in Ger- many, in conducting the war against the famous league of Smalkalde, one of the most interesting and arduous enterprises in his reign, the care of providing a remedy for the disorders in Peru de- volved upon his son Philip, and the counsellors whom Charles had appointed to assist him in the government of Spain during his absence. At first view, the actions of Pizarro and his adherents apr peared so repugnant to the duty of subjects towards their sovereign, that the greater part of the ministers insisted on declaring them instantly to be guilty of rebellion, and on proceeding to punish them with exemplary rigour. But when the fervour of their zeal and indignation began to abate, innumerable obstacles to the execution of this measure presented themselves. The veteran bands of infantry, the strength and glory of -the Spanish armies, were then employed in Germany. Spain, exhausted of men and money by a long series of wars, in which she had been involved by the restless ambition of two successive monarchs, could not easily equip an armament of sufficient force to reduce Pizarro. To transport any respectable body of troops to a coun- try so remote as Peru, appeared almost impossible. While Pizarro continued master of the South sea, the direct route by Nombre de Dios and Panama was impracticable. An attempt to march to Quito by land through the new kingdom of Granada, and the province of Popayan, across regions of pro- digious extent, desolate, unhealthy, or inhabited by fierce and hostile tribes, would be attended with insurmountable danger and hardships. The passage to the South sea by the straits of Magellan was so tedious, so uncertain, and so little known in that age, that no confidence could bo placed in any effort carried on in a course of navigation so remote and precarious. Nothing then remained but to relinquish the system which the ardour of their loy- alty had first suggested, and to attempt by lenient measures what could not be effected by force. It was manifest, from Pizarro's solicitude to represent hjs conduct in a favourable light to the emperor, thai notwithstanding the excesses of which he had been guilty, he still retained sentiments of veneration for his sovereign. By a proper application to these, together with some such concessions as should dis- cover a spirit of moderation and forbearance in go- vernment, there was still room to hope that he might be yet reclaimed, or the ideas of loyalty natural to Spaniards might so far revive among his followers, that they would no longer lend their aid to uphold his usurped authority. The success, however, of this negociation, no less delicate than it was important, depended entirely on the abilities and address of the person to whom it should be committed. After weighing with much attention the comparative merit of various persons, the Spanish ministers fixed with unanimity of choice upon Pedro de la Gasca, a priest in no higher station than that of counsellor to the inquisition. Though in no public office, he had been occasion- ally employed by government in affairs of trust and consequence, and had conducted them with no less skill than success ; displaying a gentle and insinu- ating temper, accompanied with much firmness ; probity, superior to any feeling of private interest ; and a cautious circumspection in concerting mea* sures, followed by such vigour in executing them' as is rarely found in alliance with the other. These qualities marked him out for the function to which he was destined. The emperor, to whom Gasca was not unknown, warmly approved of the choice, and 1GO THE HISTORY OF AMERICA. communicated it to him in a letter containing ex- pressions of good-will and confidence, no less honour- able to the prince who wrote than to the subject who received it. Gasca, notwithstanding his advanced age and feeble constitution, and though, from the apprehensions natural to a man, who, during the course of his life, had never been out of his own country, he dreaded the effects of a long voyage, and of an unhealthy climate, did not hesitate a moment about complying with the will of his sovereign. But as a proof that it was from this principle alone he acted, lie refused a bishopric which was offered to him, in order that he might appear in Peru with a more dig- nified character; he vrould accept of no higher title than that of president of the court of audience in Lima ; and declared that he would receive no salary on account of his discharging the duties of that office. All he required was, that the expense of sup- porting his family should be defrayed by the public, and as he was to go like a minister of peace with his gown and breviary, and without any retinue but a few domestics, this would not load the revenue with any enormous burthen. But while he discovered such disinterested mode- rntion with respect to whatever related personally to himself, he demanded his official powers in a very different tone. He insisted, as he was to be employed in a country so remote from the seat of government, where he could not have recourse to his sovereign for new instructions on every emergence, and as the whole success of his negociations must depend upon j the confidence which the people with whom he had to treat could place in the extent of his powers, that he ought to be invested with unlimited authority ; that his jurisdiction must reach to all persons and to all causes; that he must be empoweied to pardon, to punish, or to reward, as circumstances and the behaviour of different men might require; that in case of resistance from the malcontents, he might be authorized to reduce them to obedience by force of arms, to levy troops for that purpose, and to call for assistance from the governors of all the Spanish set- tlements in America. These powers, though mani- festly conducive to the great objects of his mission, appeared to the Spanish ministers to be inalienable prerogatives of royalty, which ought not to be dele- gated to a subject, and they refused to giant them. But the emperor's views were more enlarged. As, from the nature of his employment, Gasca must be intrusted with discretionary power in several points, and all his efforts might prove ineffectual if he was circumscribed in any one particular, Charles scrupled not to invest him with authority to the full extent that he demanded. Highly satisfied with this fresh proof of his master's confidence, -Gasca hastened his departure, and, without either money or troops, set out to quell a formidable rebellion. [July 27.] On his arrrival at Nombre de Dios he found Herman Mexia, an officer of note, posted there, by order of Pizarro, with a considerable body of men, to oppose the landing of any hostiie forces. But Gasca appeared in such pacific guise, with a train so little formidable, and with a title of no such dignity as to excite terror, that he was received with much respect. From Nombre de Dios he advanced to Panama, and met with a similar reception from Hinojosa, whom Pizarro had intrusted with the go- Vernment of that town, and the command of his fleet stationed there. In both places he he'd the same language, declaring that he was sent by their sovereign as a messenger of peace, not as a minister of venge- ance; that he came to redress all their grievances, to revoke the laws which had excited alarm, to pardon past offences, and to re-establish order and justice in the government of Peru. His mild deportment, the simplicity of his manners, the sanctity of his profession, and a winning appearance of candour, gained credit to his declarations. The veneration due to a person clothed with legal authority, and acting in virtue of a royal commission, began to revive among men ac- customed for some time to nothing more respectable than an usurped jurisdiction. Hinojosa, Mexia, and several other oflicers of distinction, to ench of whom Gasca applied separately, were gained over to his in- terest, and waited only for some decent occasion of declaring openly in his favour. This the violence of Pizarro soon afforded them. As soon as he heard of Gasca' s arrival at Panama, though he received, at the same time, an account of the nature of his commission, and was informed of his offers, not only to render every Spaniard in Peru easy concerning what was past, by an act of general oblivion, but secure with respect to the future by re- pealing the obnoxious laws ; instead of accepting with gratitude his sovereign's gracious concessions, he was so much exasperated on finding that he was not to be continued in his station as governor of the country, that he instantly resolved to oppose the president's entry into Peru, and to prevent his exercising any juiisdiction there. To this dc'sperate resolution he added another highly preposterous. He sent a new deputation to Spain to justify this conduct, and to insist, in name of all the communities in Peru, for a confirmation of the government to himself during life, as the only means of preserving tranquillity there. The persons intrusted with this strange com- mission intimated the intention of Pizarro to the president, and required him, in his name, to depart from Panama and return to Spain. They carried likewise secret instructions to Hinojosa, directing him to offer Gasca a present of fifty thousand pesos, if he would comply voluntarily with what was de- manded of him ; and if he should continue obstinate, to cut him off, either by assassination or poison. Many circumstances concurred in pushing on Pizarro to those wild measures. Having been once accustomed to supreme command, he could not bear the thoughts of descending to a private station. Conscious of his own demerit, he suspected that the emperor studied only to deceive him, and would never pardon the outrages which he had committed. His chief confidants, no less guilty, entertained the same apprehensions. The approach of Gasca with- out any military force excited no terror. There were now above six thousand Spaniards settled in Peru ; and at the head of these he doubted not to maintain his own independence, if the court of Spain should refuse to grant what he required. But he knew not that a spirit of defection had already begun to spread among those whom he trusted most. Hinojosa, amazed at Pizarro's precipitate resolution of setting himself in opposition to the emperor's commission, and disdaining to be his instrument in perpetrating the odious crimes pointed out in his secret instructions, publicly recognised the title of the president to the supreme authority in Peru. The officers under his command did the same. Such was the contagious influence of the example, that it reached even the deputies who had been sent from Peru ; and at the time when Pizarro expected to hear either of Gasca's return to Spain, or of his death, he received an ac- count of his being master of the fleet, of Panama, and of the troops stationed there. [A.D. 1547.] Irritated almost to madness by events THE HISTORY OF AMERICA. 161 so unexpected, he openly prepared for war; and in order to give some colour of justice to his arm*, he appointed the court of audience in Lima to proceed to the trial of Gasca, for the crimes of having seized his ships, seduced |his officers, and prevented his deputies from proceeding in their voyage to Spain. Cepeda, though acting as a judge in virtue of the royal commission, did not scruple : to prostitute the dignity of his function by finding Gasca guilty of treason, and condemning him to death on that account. Wild, and even ridiculous, as this proceed- ing was, it imposed on the low illiterate adventurers with whom Peru was filled, by the semblance of legal sanction warranting Pizarro to carry on hostilities against a convicted traitor. Soldiers accordingly resorted from every quarter to his standard, and he was soon at the head of a thousand men, the best equipped that had ever taken the field in Peru. Gasca, on his part, perceiving that force must be employed in order to accomplish the purpose of his mission, was no less assiduous in collecting troops from Nicaragua, Carthagena, and other settlements on the continent ; and with such success, that he was soon in a condition to detach a squadron of his fleet, with a considerable body of soldiers, to the coast of Peru. Their appearance excited a dreadful alarm (April); and though they did not attempt for sometime to njake any descent, they did more elfectual service, by setting ashore in different places persons who dispersed copies of the act of general indemnity, and the revocation of the late edicts; and who made known everywhere the pacific intentions, as well as mild temper, of tht president. The effect of spread- ing this information was wonderful. All who were dissatisfied with Pizarro's violent administration, all who retained any sentiments of fidelity to their sovereign, began to meditate revolt. Some openly deserted a cause which they now deemed to be unjust. Centeno, leaving the cave in which he lay concealed, assembled about fifty of his former ad- herents, and with this feeble half-armed band advanced boldly to Cnzco. By a sudden attack in the night-time, in which he displayed no less military skill than valour, he rendered himself master of that capital, though defended by a garrison of five hundred men. Most of these having ranged themselves under his banners, he had soon the command of a respect- able body of troops. Pizarro, though astonished at beholding one enemy approaching by sea, and another by land, at a time when he trusted to the union of all Peru in his favour, was of a spirit more undaunted, and more accustomed to the vicissitudes of fortune, than to be disconcerted or appalled. As the danger from Cen- teno's operations was the most urgent, he instantly set out to oppose him. Having provided horses for all his soldiers, he marched with amazing rapidity. But every morning he found his force diminished, by numbers who had left him during the night ; and though he became suspicious to excess, and punished without mercy all whom he suspected, the rage of desertion was too violent to be checked. Before he got within sight of the enemy at Huarina, near the lake Titiaca, he could not muster more than four hundred soldiers. But these he justly considered as men of tried attachment, on whom he might depend. They were indeed the boldest and most desperate of his followers, conscious, like himself, of crimes for which they could hardly expect forgiveness, and without any hope but in the success of their arms (October 20). With these he did not hesitate to attack Centeno' s troops (141), though double to his THE HISTORY OF AMERICA, No, 21. own in number. The royalists did not decline the combat. It was the most obstinate and bloody that had hitherto been fought in Peru. At length the intrepid valour of Pizarro, and the superiority of Carvajal's military talents, triumphed over numbers, and obtained a complete victory. The booty was immense, and the treatment of the vanquished cruel. By this signal success the reputation of Pizarro was re-established, and being now deemed invincible in the field, his army increased daily in number. But events happened in other parts of Peru, which more than counterbalanced the splendid victory at Huarina. Pizarro had scarcely left Lima, when the citizens weary of his oppressive dominion, erected the royal standard, and Aldana, with a detachment of soldiers from the fleet, took possession of the town. About the same time, Gasca landed at Tumbez with five hundred men. Encouraged by his presence, every settlement in the low eountry declared far the king. The situation of the two parties was now perfectly reversed : Cuzco and the adjacent province* were possessed by Pizarro : all the rest of the empire, from Quito southward, acknowledged the jurisdiction of the president. As his numbers augmented fast, Gasca advanced into the interior part of the country. His behaviour still continued to be gentle and unas- suming ; he expressed, on every occasion, his ardent wish of terminating the contest without bloodshed. More solicitous to reclaim than to punish, he up- braided no man for past offences, but received them as a father receives penitent children returning to & sense of their duty. Though desirous of peace, he did not slacken his preparations for war. He ap- pointed the general rendezvous of his troops in the fertile valley of Xauxa, on the road to Cuzco. There he remained for some months, not only that he might have time to make another attempt towards an accommodation with Pizarro, but that he might train his new soldiers to the use of arms, and accustom them to the discipline of a camp, before he led them against a body of victorious veterans. Pizarro, intoxicated with the success which had hitherto accompanied his arms, and elated with having again near a thousand men under his command, refused to listen to any terms, although Cepeda, together with several of his officers, and even Carvajal himself (142), gave it as their advice to close with the presi- dent's offer of a general indemnity, and the revoca- tion of the obnoxious laws. (Dec. 29.) Gasca having tried in vain every expedient, to avoid imbruing his hands in the blood of his coimtrymen, began to move towards Cuzco, at the head of sixteen hundred men. (A. D. 1548). Pizarro, confident of victory, Buf- fered the royalists to pass all the rivers which lie between Guamanga and Cuzco without opposition, and to advance within four leagues of that capital, flattering himself that a defeat in such a situation as rendered escape impracticable would at once termi- nate the war. He then marched out to meet the enemy, and Carvajal chose his ground, and made the disposition of the troops with the discerning eye, and profound knov/ledge in the art of war, conspicuous in all his operations. As the two armies moved forwards slowly to the charge (April 9), the appear- ance of each was singular. In that of Pizarro, composed of men enriched with the spoils of the most opulent country in America, every officer, and almost all the private men, were clothed instuffsof silk, or brocade, embroidered in gold and silver ; and their horses, their arms, and their standards, were adorned with all the pride of military pomp. That of Gasca, 162 THE HISTORY OF AMERICA, though not o splendid, exhibited what was no Jess striking. He himself, accompanied by the archbishop of Lima, the bishops of Quito and Ciizco, and a great number of ecclesiastics, marching along the lines, blessing the men, and encouraging them to a resolute discharge of their duty. fc When both armies were just ready to engage, Ce- peda set spurs to his horse, galloped off, and surren- dered himself to the president. Garcilasso de la Vega, and other officers of note, followed his example. The revolt of persons in such high rank struck all with amazement. The mutual confidence on which the union and strength of armies depend, ceased at once. Distrust and consternation spread from rank to rank. Some silently slipped away, others threw down their arms, the greatest number went over to the royalists. Pizarro, Carvajal, and some leaders, employed authority, threats, and entreaties, to stop them, but in vain. In less than half an hour, a body of men, which might have decided the fate of the Pe- ruvian empire, was totally dispersed. Pizarro, seeing all irretrievably lost, cried out in amazement to a few officers who still faithfully adhered to him, " What remains for us to do ?" " Let us rush," replied one of them, " upon the enemy's firmest battalion, and die like Romans." Dejected with such a reverse of fortune, he had not spirit to follow this soldierlike council, and, with a tameness disgraceful to his former fame, he surrendered to one of Gasca's of- ficers. Carvajal, endeavouring to escape, was over- taken and seized. Gasca, happy in this bloodless victory, did not stain it with cruelty. Pizarro, Carvajal, and a small number of the most distinguished or notorious of- fenders, were punished capitally. Pizarro was be- headed on the day after he surrendered. He submitted to his fate with a composed dignity, and seemed desirous to atone by repentance for the crimes which he had committed. The end of Carvajal was suitable to his life. On his trial he offered no defence. When the sentence, adjudging him to be hanged, was pronounced, he carelessly replied, " One can die but once." During the interval, between the sentence and execution, he discovered no sign either of remorse for the past, or of solicitude about the future ; scoffing at all who visited him, in his usual sarcastic vein of mirth, with the same quickness of repartee and gross pleasantry as at any other period of his life. Cepeda, more criminal than either, 6ught to have shared the same fate; but the merit of having deserted his asso- ciates at such a critical moment, and with such deci- sive effect, saved him from immediate punishment. He was sent, however, as a prisoner to Spain, and died in confinement. In the minute detail which the contemporary his- torians have given of the civil dissensions that raged in Peru, with little interruption during ten years, many circumstances occur so striking, and which indicate such an uncommon state of manners, as to merit particular attention. Though the Spaniards who first invaded Peru were of the lowest order in society, and the greater part of those who afterwards joined them were persons of desperate fortune, yet in all the bodies of troops brought into the field by the different leaders who contended for superiority, not one man acted as a hired soldier, that followed his standard for pay. Every adventurer in Peru considered himself as a conqueror, entitled by his services, to an eslablisli- ment in that country which had been acquired by his valour. In the contests between the rival chiefs, each chose his side as he was directed by his own judgment or affections. He joined his commander as a companion of his fortune, and disdained to degrade himself by receiving the wages of a merce- nary. It was to their sword, not to pre-eminence in office, or nobility of birth, that most of the leaders whom they followed were indebted for their elevation ; and each of their adherents hoped, by the same means, to open a way for himself to the possession of power and wealth. But though the troops in Peru served without any regular pay, they were raised at immense expense. Among men accustomed to divide the spoils of an opulent country, the desire of obtaining wealth acquired incredible force. The ardour of pursuit augmented in proportion to the hope of success. Where all were intent on the same object, and under the dominion of the same passion, there was but one mode of gaining men, or of securing their attachment. Officers of name and influence, besides the promise of future establishments, received in hand large gratuities from the chief with whom they engaged. Gonzalo Pizarro, in order to raise a thou- sand men, advanced five hundred thousand pesos. Gasca expended, in levying the troops which he led against Pizarro, nine ^hundred thousand pesos. The distribution of property, bestowed as the reward of services, was still more exorbitant. Cepeda, as the recompence of his perfidy and address, in persuading the court of royal audience to give the sanction of its authority to the usurped jurisdiction of Pizarro, received a grant of lands which yielded an annual income of a hundred and fifty thousand pesos. Hinojosa, who, by his early defection from Pizarro, and surrender of the fleet to Gasca, decided the fate of Peru, obtained a district of country affording two hundred thousand pesos of yearly value. While such rewards were dealt out to the principal officers, with more than royal munificence, proportional shares were conferred upon those of inferior rank. Such a rapid change of fortune produced its natural effects. It gave birth to new wants, and new desires. Veterans, long accustomed to hardship and toil, acquired of a sudden a taste for profuse and inconsiderate dissipation, and indulged in all the excesses of military licentiousness. The riot of low debauchery occupied some ; a relish for expensive luxuries spread among others. The meanest soldier in Peru would have thought himself degraded by march- ing on foot ; and at a time when the prices of horses in that country were exorbitant, each insisted on being furnished with one before he would take the field. But though less patient under the fatigue and hardships of service, they were ready to face danger and death with as much intrepidity as ever ; and ani- mated by the hope of new rewards, they never failed, on the day of battle, to display all their ancient valour. Together with their courage, they retained all the ferocity by which they were originally distinguished. Civil discord never raged with a more fell spirit than among the Spaniards in Peru. To all the passions which visually envenom contests amontf countrymen, avarice was added, and lendered their enmity more rancorous. Eagerness to seize the valuable forfeitures expected upon the death of every opponent, shut the door against, mercy. To be wealthy, was of itself suf- ficient to expose a man to accusation, or to subject him to punishment. On the slightest suspicions, Pizarro condemned many of the most opulent inha- bitants in Peru to death. Carvajal, without searching for any pretext to justify his cruelty, cut off many more. The number of those who suffered by the THE HISTORY OP AMERICA. 163 hands of the executioner, was not much inferior to what fell in the field (143) ; and the greater part were condemned without the formality of any legal trial. The violence with which the contending par- ties treated their opponents was not accompanied with its usual attendants, attachment and fidelity to those with whom they acted. The ties of honour, which ought to be held sacred among soldiers, and the principle of integrity, interwoven as thoroughly in the Spanish character as in that of any nation, seem to have been equally forgotten. Even regard for decency, and the sense of shame, were totally lost. During their dissensions, there was hardly a Spaniard in Peru who did not abandon the party which he had originally espoused, betray the asso- ciates with whom he had united, and violate the engagements under which he had come. The viceroy Nugnez Vela was ruined by the treachery of Cepeda and the other judges of the royal audience, who were bound by the duties of their function to have sup- ported his authority. The chief advisers and com- panions of Gonzalo Pizarro's revolt were the first to forsake him, and submit to his enemies. His fleet was given up to Gasca, hy the man whom he had singled out among his officers to intrust with that important command. On the day that was to decide his fate, an army of veterans, in sight of the enemy, threw down their arms without striking a blow, and deserted a leader who had often conducted them to victory. Instances of such general and avowed contempt of the principles and obligations which attach man to man, and bind them together in social union, rarely occur in history. It is only where men are far removed from the seat of govern- ment, where the restraints of law and order are little felt, where the prospect of gain is unbounded, and where immense wealth may cover the crimes by which it is acquired, that we can find any parallel to the levity, the rapaciousness, the perfidy, and corruption prevalent among the Spaniards in Peru. On the death of Pizarro, the malcontents in every corner of Peru laid down their arms, and tranquillity seemed to be perfectly re-established. But two very interesting objects still remained to occupy the president's attention. The one was to find imme- diately such employment for a multitude of turbulent and daring adventurers with which the country was filled, as might prevent them from exciting new com- motions. The other, to bestow proper gratifications upon those to whose loyalty and valour he had been indebted for his success. The former of these was in some measure accomplished, by appointing Pedro de Valdivia to prosecute the conquest of Chili ; and by empowering Diego Centeno to undertake the discovery of the vast regions bordering on the river De la Plata. The reputation of those leaders, together with the hopes of acquiring wealth, and of rising to consequence in some unexplored country, alluring many of the most indigent and desperate oldiers to follow their standards, drained off no inconsiderable portion of that mutinous spirit which Gasca dreaded. The latter was an affair of greater difficulty, and to be adjusted with a more attentive and delicate hand. The repartimientot t or allotments of lands and Indians, which fell to be distributed in consequence of the death or forfeiture of the former possessors, exceeded two millions of pesos of yearly rent. Gasca, when now absolute master of this immense property, retained the same disinterested sentiments which he had originally professed, and refused to reserve the smallest portion of it for himself. But the number of claimants was great ; and whilst the vanity or avarice of every individual fixed the value of his own services, and estimated the recompence which he thought due to him, the pretensions of each were so extravagant, that it was impossible to satisfy all. Gasca listened to them one by one, with the most patient attention ; and that he might have leisure to weigh the comparative merit of their several claims with accuracy, he retired with the archbishop of Lima, and a single secretary, to a village twelve leagues from Cuzco. There he spent several days in allotting to each a district of lands and number of Indians, in proportion to his idea of their past services and future importance. But that he might get beyond the reach of the fierce storm of clamour and rage which he foresaw would burst out on the publication of his decree, notwithstanding the im- partial equity with which he had framed it, he set out for Lima, leaving the instrument of partition sealed up, with orders not to open it for some days after his departure. [Aug. 24.] The indignation excited by publishing the decree of partition was not less than Gasca had expected. Vanity, avarice, emulation, envy, shame, rage, and all the other passions which most vehe- mently agitate the minds of men when both their honour and their interest are deeply affected, con- spired in adding to its violence. It broke out with all the fury of military insolence. Calumny, threats, and curses, were poured out openly upon the president. He was accused of ingratitude, of partiality, and of injustice. Among soldiers prompt to action, such seditious discourse would have been soon followed by deeds no less violent, and they already began to turn their eyes towards some dis- contented leaders, expecting them to stand forth in redress of their wrongs. By some vigorous inter- positions of government, a timely check was given to this mutinous spirit, and the danger of another civil war averted for the present. [A. D. 1549.] Gasca, however, perceiving that the flame was suppressed rather than extinguished, laboured with the utmost assiduity to soothe the malcontents, by bestowing large gratuities on some, by promising repartimientot, when they fell vacant, to others, and by caressing and flattering all. But that the public security might rest on a foundation more stable than their good affection, he endeavoured to strengthen the hands of his successors in office, by re-establishing the regular administration of justice in every part of the empire. He introduced order and simplicity into the mode of collecting the royal revenue. He issued regulations concerning the treatment of the Indians, well calculated to protect them from oppression, and to provide for their instruction in the principles of religion, without depriving the Spaniards of the benefit accruing from their labour. [A. D. 1550.] Having now accom- plished every object of his mission, Gasca, longing to return again to a private station, committed the government of Peru to the court of audience, ar,d set out for Spain. [Feb. 1 .] As, during the anarchy and turbulence of the four last years, there had been no remittance made of the royal revenue, he carried with him thirteen hundred thousand pesos of public money, which the economy and order of his adminis- tration enabled him to save, after paying all the expenses of the war. He was received in his native country with uni- versal admiration of his abilities and of his virtue. Both were, indeed, highly conspicuous. Without army, or fleet, or public funds j with a train so 164 THE HISTORY OF AMERICA. imple, that only three thousand ducats were ex- pended in equipping him, he set out to oppose a for- midable rebellion. By his address and talents he supplied all those defects, and seemed to create in- struments for executing his designs. He acquired such a naval force, as gave him the command of the se. He raised a body of men able to cope with the veteran bands which gave law to Peru. He van- quished their leader, on whose arms victory had hitherto attended ; and in place of anarchy and usur- pation, he established the government of laws, and the authority of the rightful sovereign. But the praise bestowed on his abilities was exceeded by that which his virtue merited. After residing in a coun- try where wealth presented allurements which had seduced every person who had hitherto possessed power there, he returned from that trying station with integrity not only untainted, but unsuspected. After distributing among his countrymen possessions of greater extent and value than had ever been in the disposal of a subject in any age or nation, he himself remained in his original state of poverty ; and at the very time when he brought such a large recruit to the royal treasury, he was obliged to apply by petition for a small sum to discharge some petty debts \vhich he had con-tracted during the course of his service. Charles was not insensible to such disinterested merit. Gasca was received by him with the most distinguishing marks of esteem, and being promoted to the bishopric of Palencia, he passed the remainder of his days in the tranquillity of retirement, respected by his country, honoured by his sovereign, and be- loved by all. Notwithstanding all Gasca's wise regulations, the tranquillity of Peru was not of long continuance. In a country where the authority of government had been almost forgotten during the long prevalence of anarchy and misrule, where there were disappointed leaders ripe for revolt, and seditious soldiers ready to follow them, it was not difficult to raise combustion. Several sucessive insurrections desolated the country for some years. But as those, though fierce, were only transient storms, excited rather by the ambition and turbulence of particular men, than by general or public motives, the detail of them is not the object of this history. These commotions in Peru, like every thing of extreme violence, either in the natural or political body, were not of long duration, and by car- rying off the corrupted humours which had given rise to the disorders, they contributed in the end to strengthen the society which at first they threatened to destroy. During their fierce contests, several of the first invaders of Peru, and many of those licenti- ous adventurers whom the fame of their success had allured thither, fell by each other's hands. Each of the parties, as they alternately prevailed in the strug- gle, gradually cleared the country of a number of turbulent spirits, by executing, proscribing, or ban- ishing their opponents. Men less enterprising, less desperate, and more accustomed to move in the path of sober and peaceable industry, settled in Peru ; and the royal authority was gradually established as firmly there as in other Spanish colonies. BOOK VII. As the conquest of the two great empires of Mexico and Peru forms the most splendid and in- teresting period in the history of America, a view of their political institutions, and a description of their national manners, will exhibit the human specie* to the contemplation of intelligent observers in a very singular stage of its progress (144). When compared with other parts of the New World, Mexico and Peru may be considered as polished state?. Instead of small, independent, hos- tile tribes, struggling for subsistence amidst woods and marshes, strangers to industry and arts, unac- quainted with subordination, and almost without the appearance of regular government, we find countries of great extent subjected to the dominion of one sovereign ; the inhabitants collected together in cities ; the wisdom and foresight of rulers employed in providing for the maintenance and security of the people; the empire of laws in some measure esta- blished ; the authority of religion recognized; many of the arts essential to life brought to some degree of maturity, and the dawn of such as are ornamental beginning to appear. But if the comparison be made with the people of the ancient continent, the inferiority of America in improvement will be conspicuous, and neither the Mexicans nor Peruvians will be entitled to rank with those nations which merit the name of civilized. The people of both the grent empires in America, like the rude tribes around 'them, were totally unacquainted with the useful metals, and the progress which they had made in extending their -dominion over the ani- mal creation was inconsiderable. The Mexicans had gone no further than to tame and rear turkeys, ducks, a species of small dogs, and rabbits. By this feeble essay of ingenuity, the means of subsistence were rendered somewhat more plentiful and secure, than when men depend solely on hunting ; but they had no idea of attempting to subdue the more robust animals, or of deriving any aid from their ministry in carrying on works of labour. The Peruvians seem to have neglected the inferior animals, and not ren- dered any of them domestic except the duck; but they were more fortunate in taming the Llama, an animal peculiar to their country, of a form which bears some resemblance to a deer, and some to a camel, and is of a size somewhat larger than a shoep. Under the protection of man, this species multiplied greatly. Its wool furnished the Peruvians with clo- thing, its flesh with food. It was even employed as a beast of burden, and carried a moderate load with much patience and docility. It was never vised for draught ; and the breed being confined to the moun- tainous country, its service, if we may judge by incidents which occur in the early Spanish writers, was not very extensive among the Peruvians in their original state. In tracing the line by which nations proceed to- wards civilization, the discovery of the useful metals, and the acquisition of dominion over the animal crea- tion, have been marked as steps of capital import- ance in their progress. In our continent, long after men had obtained both, society continued in that state which is denominated barbarous. Even with all that command over nature which these confer, many ages elapse, before industry becomes so regular as to render subsistence secure, before the arts which supply the wants and furnish the accommodations of life are brought to any considerable degree of perfection, and before any idea is conceived of the va ious institutions requisite in a well-ordered society. The Mexicans and Peruvians, without know- ledge of the useful metals, or the aid of domes- tic animals, laboured under disadvantages which must have greatly retarded their progress, and in their highest state of improvement their power was ,so limited, ami their operations so feeble, that they THE HISTORY OF AMERICA. 165 can hardly be considered as having advanced beyond the infancy of civil life. After this general observation concerning the most singular and distinguishing circumstance in the state of both the great empires in America, I shall endea- vour to give such a view of the constitution and in- terior police of each, as may enable us to ascertain their place in the political scale, to allot them their proper station between the rude tribes in the New World, and the polished states of the ancient, and to determine how far they had risen above the former, as well as how much they fell below the latter. Mexico was first subjected to the Spanish crown. Bat our acquaintance with its laws and manners is not, from that circumstance, mor3 complete. What I have remarked concerning the defective and inac- curate information on which we must rely with respect to the condition and customs of the savage tribes in America, may be applied likewise to our knowledge of the Mexican empire. Cortes, and the rapacious adventurers who accompanied him, had not leisure or capacity to enrich either civil or natural history with new observations. They undertook their expedition in quest of one object, and seemed hardly to have turned their eyes towards any other. Or if, during some short interval of tranqiiillity, when the occupa- tions of war ceased, and the ardour of plunder w;ts suspended, the institutions and manners of the peo- ple whom they had invaded, drew their attention, the inquiries of illiterate soldiers were conducted with so little sagacity and precision, that the accounts given by them of the policy and order established in the Mexican monarchy are superficial, confused, and inexplicable. It is rather from incidents which they relate occasionally, than from their own deductions and remarks, that we are enabled to form some idea of the genius and manners of that people. The ob- scurity in which the ignorance of its conquerors in- volved the annals of Mexico, was augmented by the superstition of those who succeeded them. As the memory of past events was preserved among the Mexicans by figures painted on skins, on cotton cloth, on a kind of pasteboard, or on the bark of trees, the early missionaries, unable to comprehend their meaning, and struck with their uncouth forms, conceived them to be monuments of idolatry which ought to be destroyed, in order to facilitate the con- version of the Indians. In obedience to an edict issued by Juan de Zuramaraga, a Franciscan monk, the first bishop of Mexico, as many records of the ancient Mexican story as could be collected were com- mitted to the flames. In consequence of this fanatical zeal of the monks who first visited New Spain, (which their successors soon began to lament,) whatever knowledge of remote events such rude monuments contained was almost entirely lost; and no info; ma- tion remained concerning the ancient revolutions and policy of the empire, but what was derived from tradi- tion, or from some fragments of their historical paint- ings that escaped the barbarous researches of Zum- nlaraga. From the experience of all nations it is manifest, that the memory of past transactions can neither be long preserved, nor be transmitted with any fidelity, by tradition. The Mexican paintings, which are supposed to have served as annals of their empire, are few in number, and of ambiguous mean- ing. Thus, amidst the uncertainty of the former, and the obscurity of the latter, we must glean what intel- ligence can be collected from the scanty materials scattered in the Spanish writers. According to the account of the Mexicans them- selves, their empire was not of long duration. Their country, as they relate, was originally possessed, ra- ther than peopled, by small independent tribes, whose mode of life and manners resembled those of the rudest savages which we have described. But about a period corresponding to the beginning of the tenth century, in the Christian sera, several tribes moved in successive migrations from unknown regions towards the north and north west, and settled in different provinces of Analiuac^ the ancient name of New Spain. These, more civilized than the original inha- bitants, began to form them to the arts of social life. At length, towards the commencement of the thir- teenth century, the Mexicans, a people more polished than any of the former, advanced from the border of the California.!) gulf, and took possession of the plains adjacent to the great lake near the centre of the country. After residing there about fifty years, they founded a town, since distinguished by the name of Mexico, which, from humble beginnings, soon grew to be the most considerable city in the New World. The Mexicans, long after they were established in their new possessions, continued, like other martial tribes in America, unacquainted with regal dominion, and were governed in peace, and conducted in war, by such as were entitled to pre-eminence by their wisdom or their valour. But among them, as in other states whose power and territories become extensive, the supreme authority centered at last in a single person ; and when the Spaniards under Cortes invaded the country, Montezuma was the ninth monarch in order who had swayed the Mexican sceptre, not by hereditary right, but by election. Such is the traditional tale of the Mexicans con- cerning the progress of their own empire. Accoiding to this, its duration was very short. From the first migration of their parent tribe, they can reckon little move than three hundred years. From the establish- ment of monarchical government, not above a hundred and thirty years according to one account, or a hun- dred ami ninety-seven, according to another compu- tation, had elapsed. If, on one hand, we suppose the Mexican state to have been of higher antiquity, and to have subsisted during such a length of time as the Spanish accounts of its civilization would na- turally lead us to conclude, it is difficult to conceive how, among a people who possessed the art of re- cording events by pictures, and who considered it as an essential part of their national education to teach their children to repeat their historical songs which cele- brated the exploits of their ancestors, the knowledge of past transactions should be so slender and limited. If, on the other hand, we adopt their own system with respect to the antiquities of their nation, it is no less difficult to account either for that improved state of society, or for the extensive dominion to which their empire had attained, when first visited by the Spaniards. The infancy of nations is so long, and, even when every circumstance is favourable to their progress, they advance so slowly towards any maturity of strength or policy, that the recent origin of the Mexicans seems to be a strong presumption of some exaggeration in the splendid descriptions which have been given of their government and manners. But it is not by theory or conjectures that history decides with regard to the state or character of na- tions. It produces facts as the foundation of every judgment which it ventures to pronounce. In col- lecting those which must regulate our opinion in the present inquiry, some occur that suggest an idea of considerable progress in civilization in the Mexican empire, and others which seem to indicate that it had advanced but little beyond the savage tribes THE HISTORY OP AMERICA. around it. Both shall be exhibited to the view of the reader, that, from comparing them, he may determine on which side the evidence preponderates. In the Mexican empire, the right of private pro- perty was perfectly understood, and established in its full extent. Among several savage tribes, w^ have seen, that the idea of a title to the separate and ex- clusive possession of any object was hardly known ; and that among all it was extremely limited and ill defined. But in Mexico, where agriculture and in- dustry had made some progress, the distinction be- tween property in land and property in goods had taken place. Both might be transferred from one person to another by sale or barter; both might de- scend by inheritance. Every person who could be denominated a freeman had property in land. This, however, they held by various tenures. Some pos- sessed it in full right, and it descended to their heirs. The title of others to their lands was derived from the office or dignity which they enjoyed ; and when deprived of the latter, they lost possession of the former. Both these modes of occupying land were deemed noble, and peculiar to citizens of the highest class. The tenure by which the great body of the people held their property, was very different. In every district a certain quantity of land was mea- sured out in proportion to the number of families. This was cultivated by the joint labour of the whole; its produce was deposited in a common storehouse, and divided among them according to their respec- tive exigencies. The members of the Calpullee, or associations, could not alienate their share of the common estate; it was an indivisible permanent pro- perty, destined for the support of their families. In consequence of this distribution of the territory of the state, every man had an interest in its welfare, and the happiness of the individual was connected with the public security. Another striking circum- stance, which distinguishes the Mexican empire from those nations in America we have already described, is the number and greatness of its cities. While so- ciety continues in a rude state, the wants of men are so few, and they stand so little in need of mutual assistance, that their inducements to crowd together are extremely feeble. Their industry at the 'same time is so imperfect, that it cannot secure subsistence for any considerable number of families settled in one spot. They live dispersed, at this period, from choice as well as from necessity, or, at the utmost, assemble in small hamlets on the banks of the river which supplies them with food, or on the border of some plain left open by nature, or cleared by their own labour. The Spaniards, accustomed to this mode of habitation among all the savage tribes with which they ivere hitherto acquainted, were astonished, on entering New Spain, to find the natives residing in towns of such extent as resembled those of Europe. In the first fervour of their admiration, they compared Zempoalla, though a town only of the second or third size, to the cities of the greatest note in their own country. When, afterwards, they visited in succes- sion Tlascala, Cholula, Tacuba, Tezeuco, and Mexico itself, their amazement increased so much, that it led them to convey ideas of their magnitude and popu- lousness bordering on what is incredible. Even when there is leisure for observation, and no interest that leads to deceive, conjectural estimates of the number of people in cities are extremely loose, and usually much exaggerated. It is not surprising, then, that Cortes and his companions, little accustomed to such computations, and powerfully tempted to magnify, in order to exalt the merit of their own discoveries and conquests, should have been batrayed into this com- mon error, and have raised their descriptions con- siderably above truth. For this reason, some con- siderable abatement ought to be made from their calculations of the number of inhabitants in the Mexican cities, and we may fix the standard of their population much lower than they have done ; but still they will appear to be cities of such consequence, as are not to be found but among people who have made sonv? considerable progress in the arts of social life (145). From their accounts, we can hardly sup- pose Mexico, the capital of the empire, to have con- tained fewer than sixty thousand inhabitants. The separation of professions among the Mexicans is a symptom of improvement no less remarkable. Arts, in the early ages of society, are so few and so simple, that each man is sufficiently master of them all, to pratify every demand of his own limited de- sires. The savage can form his bow, point his ar- rows, rear his hut, and hollow his canoe, without calling in the aid of any hand more skilful than his own. Time must have augmented the wants of men, | and ripened their ingenuity, before the productions of art became so c implicated in their structure, or so curious in their fabric, that a particular course of education was requisite towards forming the artificer to expertness in contrivance and workmanship. In proportion as refinement spreads, the distinction of professions increases, and they branch out into more numerous and minute subdivisions. Among the Mex- icans this separation of the arts necessary in life had taken place to a considerable extent. The functions of the mason, the weaver, the goldsmith, the painter, and of several other crafts were carried on by dif- ferent persons. Each was regularly instructed in hi* calling. To it alone his industry was confined; and by assiduous application to one object, together with the persevering patience peculiar to Americans, their artisans attained to a degree of neatness and perfec- tion in work, far beyond what could have been ex- pected from the rude tools which they employed. Their various productions were brought into commerce, and by the exchange of them in the stated markets held in the cities, not only were their mutual wants supplied, in such orderly intercourse as characterizes an improved state of society, but their industry was daily rendered persevering and inventive. The distinction of ranks established in the Mexican I empire is the next circumstance that merits attention. In surveying the savage tribes of America, weobserved, that consciousness of equality, and impatience of subordination, are sentiments natural to man in tha infancy of civil life. During peace, the authority of a superior is hardly felt among them, and even in war it is but little acknowledged. Strangers to the idea of property, the difference in condition resulting from the inequality of it is unknown. Birth or titles confer no pre-eminence ; it is only by personal merit and accomplishments that distinction can be acquired. The form of society was very different among the Mexicans. The great body of the people was in a most humiliating state. A considerable number, known by the name of Mayequet, nearly resembled in condition those peasants who, under various deno- minations, were considered, during the prevalence of the feudal system, as instruments of labour attached to the soil. The Mayeques could not change their place of residence without permission of the superior on whom they depended. They were conveyed, together with the lands on which they were settled, from one proprietor to another ; and were bound to THE HISTORY OP AMERICA. 167 cultivate the ground, and to perform several kinds of servile work. Others were reduced to the lowest form of subjection, that of domestic servitude, and felt the utmost rigour of that wretched state. Their condition was held to be so vile, and their lives deemed to be of so little value, that a person who killed one of these slaves was not subjected to any punishment. Even those considered as freemen were treated by their haughty lords as beings of an inferior species. The nobles, possessed of ample territories were divided into various classes, to each of which peculiar titles belonged. Some of these titles, like their lands, descended from father to son in per- petual succession. Others were annexed to particular offices, or conferred during life as marks of personal distinction. The monarch, exalted above ail, en- joyed extensire power, and supreme dignity. Thus, the distinction of ranks was completely established, in a line of regular subordination, reaching from the highest to the lowest member of the community. Each of these knew what he could claim, and what he owed. The people, who were not allowed to wear a dress of the same fashion, or to dwell in houses of a form similar to those of the nobles, accosted them with the most submissive reverence. In the presence of their sovereign, they durst not lift their eyes from the ground, or look him in the face. The nobles themselves, when admitted to an audience of their sovereign, entered barefooted, in mean gar- ments, and, as his slaves, paid him homage approach- ing to adoration. This respect, due from inferiors to those above them in rank, was prescribed with such ceremonious accuracy, that it incorporated with the language, and influenced its genius and idiom. The Mexican tongue abounded in expressions of reverence and courtesy. The style and appellations used in the intercourse between equals, would have been so unbecoming in the mouth of one in a lower sphere, when he accosted a person in higher rank, as to be deemed an insult (146). It is only in societies, which time and the institution of regular government have moulded into form, that we find such an orderly arrangement of men into different ranks, and such nice attention paid to their various rights. The spirit of the Mexicans, thus familiarized and bended to subordination, was prepared for sub- mitting to monarchical government. But the de- scriptions of their policy and laws by the Spaniards who overturned them, are so inaccurate and contra- dictory, that it is difficult to delineate the form of their constitution with any precision. Sometimes they represent the monarchs of Mexico as absolute, deciding according to their pleasure with re.spect to every operation of the state. On other occasions, we discover the traces of established customs and laws, framed, in order to circumscribe the power of the crown, and we meet with rights and and privi- leges of the nobles which seemed to be opposed as barriers against its encroachments. This appearance of inconsistency has arisen from inattention to the innovations of Montezuma upon the Mexican policy. His aspiring ambition subverted the original system of government, and introduced a pure despotism. He disregarded the ancient laws, violated the privi- lege* held most sacred, and reduced his subjects of every order to the level of slaves. The chiefs, or nobles of the first rank, submitted to the yoke with such reluctance, that, from impatience to shake it off, and hope of recovering their rights, many of them courted the protection of Cortes, and joined a foreign power against their domestic oppressor. It is not then under the dominion of Montesmma. but under the government of his predecessors, that we can discover what was the original form and genius of Mexican policy. From the foundation of the monarchy to the election of Montezuma, it seems to have subsisted with little variation. That body of citizens which may be distinguished by the name of nobility, formed the chief and most respectable order in the state. They were of various ranks, at has been already observed, and their honours were acquired and transmitted in different manners. Their number seems to have been great. According to an author accustomed to examine with attention what he relates, there were in the Mexican empire thirty of this order, each of whom had in his terri- tories about an hundred thousand people, and subordinate to these, there were about three thou- sand nobles of a lower class. The territories be- longing to the chiefs of Tezeuco and Tacuba were hardly inferior in extent to those of the Mexican monarch. Each of these possessed complete terri- torial jurisdiction, and levied taxes from their own vassals. But all followed the standard of Mexico in war, serving with a number of men in proportion to their domain, and most of them paid tribute to it* monarch as their superior lord. In tracing those great lines of the Mexican con- stitution, an image of feudal policy, in its most rigid form, rises to view, and we discern its three distin- guishing characteristics, a nobility possessing almost independent authority, a people depressed into the lowest state of subjection, and a king intrusted with the executive power of the state. Its spirit and principles seem to have operated in the Now World, in the same manner as in the ancient. The juris- diction 'of the crown was extremely limited. All real and effective authority was retained by the Mexican nobles in their own hands, and the shadow of it only left to the king. Jealous to excess of their own rights, they guarded with the most vigilant anxiety against the encroachments of their sove- reigns. By a fundamental law of the empire it was provided, that the king should not determine con- cerning any point of general importance, without the approbation of a council composed of the prime nobility. Unless he obtained their consent, he could not engage the nation in war, nor could he dispose of the most considerable branch of the public revenue at pleasure ; it was appropriated to certain purposes, from which it could not be diverted by the regal authority alone. In order to secure full effect to those constitutional restraints, the Mexican nobles did not permit their crown to descend by inheritance, but disposed of it by elec- tion. The right of election seems to have been originally vested in the whole body of nobility, but was afterwards committed to six electors, of whom the chiefs of Tezeuco and Tacuba were always two. From respect for the family of their monarchs, the. choice fell generally upon some person sprung from it. But as the activity and valour of their piinc* were of greater moment to a people perpetually en- gaged in war, than a strict adherence to the order of birth, collaterals of mature age, or of distinguished merit, were often preferred to those who were nearer the throne in direct descent. To this maxim in their policy, the Mexicans appeared to be indebted for such a succession of able and warlike princes, as raised their empire in a short period to that ex- traordinary height of power which it had attained when Cortes landed in New Spain. While the jurisdiction of the Mexican monarch! continued to be limited, it ii probable that it wa* 168 THE HISTORY OF AMERICA. exercised with little ostentation. But astlieir authority became more extensive, the splendour of their govern- ment augmented. It \vas in this 1-st state that the Spaniards beheld it ; and struck with the appearance of Montezuma's court, they described its pomp at great length, and with much admiration. The number of his attendants, the order, the silence, and the reverence with which they served him ; the extent of his royal mansion, the variety of its apartments allotted to different officers, and the ostentation with which this grandeur was displayed, whenever he permitted his subjects to behold him, seem to re- semble the magnificence of the ancient monarchies in Asia, rather than the simplicity of the infant states in the New World. But it was not in the mere parade of royalty that the Mexican potentates exhibited their power; they manifested it more beneficially in the order and regularity with which they conducted the internal administration andpoliceof then-dominions. Complete jurisdiction, civil as well as criminal, over its own immediate vassals, was vested in the crown. Judges were appointed for each department, and if we may rely on the account which the Spanish writers give of the maxims and laws upon which they founded their decisions with respect to the distribution of property and the punishment of crimes, justice was adminis- tered in the Mexican empire with a degree of order and equity resembling what takes place in societies highly civilized. Their attention in providing for the support of government was not less sagacious. Taxes were laid upon land, upon the acquisitions of industry, and upon commodities of every kind exposed to sale in the public markets. These duties were consider- able, but not arbitrary or unequal. They were imposed according to established rules, and each knew what share of the common burden he had to bear. As the use of money was unknown, all the taxes were paid in kind, and thus not only the natural productions of all the different provinces in the empire, but every species of manufacture, and every work of ingenuity and ;irt, were collected in the public storehouses. From those the emperor supplied his numerous train of attendants in peace, and his armies during war, with food, with clothes, and ornaments. People of inferior condition, neither possessing land, nor engaged in commerce, were bound to the performance of various services. By 'their stated labour the crown lands were cultivated, public works were carried on, and the various houses belonging to the emperor were built and kept in Tepair (147). The improved state of government among the Mexicans is conspicuous, not only in points essential to the being of a well ordered society, but in several regulations of inferior consequence with respect to police. The institution which I have already men- tioned, of public couriers, stationed at proper intervals, to convey intelligence from one part of the empire to the other, was a refinement in police not introduced into any kingdom of Europe at that period. The struc- ture of the capital city in a lake, with artificial dykes, and causeways of great length, which served as avenues to it from different quarters, erected in the water with no less ingenuity than labour, seems to be an idea that could not have occurred to any but a civilized people. The same observation may be applied to the structure of the aqueducts, or conduits by which they conveyed a stream of fresh water, from a con- siderable distance, into the city, along one of the causeways (1-48). The appointment of a number of persons to clean the streets-, to light them by fires kindled in different places, and to patrole as watch- men during the night, discovers a degree of attention which even polished nations are late in acquiring. The progress of the Mexicans in various arts, is considered as the most decisive proof of their superior refinement. Cortes, and the early Spanish authors, describe this with rapture, and maintain, that the most celebrated European aitists could not surpass or even equal them in ingenuity and neatness of workmanship. They represented men, animals, and other objects, by such a disposition of various coloured feathers, as is said to have produced all the effects of light and shade, and to have imitated nature with truth and delicacy. . Their ornaments of gold and silver have been described to be of a fabric no less curious. But in forming any idea, from general descriptions, concerning the state of arts among nations imperfectly polished, we are extremely ready to err. In examining the works of peo pie whose advances in improvement are nearly the same with our own, we view them with a critical and often with a jealous eye. Whereas, when conscious of our own superiority, we survey the arts of nations compara- tively rude, we are astonished at works executed by them under such manifest disadvantages, and, in the warmth of our admiration, are apt to represent them as productions more finished than they really are. To the influence of this illusion, without supposing any intention to deceive, we may impute the exag- geration of some Spanish authors, fn their accounts of the Mexican arts. It is not from those descriptions, but from con- sidering such specimens of their arts as are still preserved, that we must decide concerning their degree of merit. As the ship in which Cortes sent to Charles V. the most curious productions of the Mexican artisans, which were collected by the Spaniards when they first pillaged the empire, was taken by a French corsair, the remains of their in- genuity are less numerous than those of the Peruvians. Whether any of their works with feathers, in imita- tion of painting, be still extant in Spain, I have not learned ; but many of their ornaments in gold and silver, as well as various utensils employed in com- mon life, are deposited in the magnificent cabinet of natural and artificial productions lately opened by the king of Spain : and I am informed by persons on whose judgment and taste I can rely, that these boasted efforts of their art are uncouth representations of common objects, or very coarse images of the human and some other forms, destitute of grace and propriety. The justness of these observations is confirmed by inspecting the wooden prints and copper-plates of their paintings, which have been published by various authors. In them, every figure of men, of quadrupeds, or birds, as well as every representation of inanimated nature, is ex- tremely rude and awkward. The hardest Egyptian style, stiff and imperfect as it was, is more elegant. The scrawls of children delineate objects almost as accurately. But however low the Mexican paintings may be ranked, when viewed merely as works of art, a very different station belongs to them, when con- sidered as the records of their country, as historical monuments of its policy and transactions ; and they become curious as well as interesting objects of at- tention. The noblest and most beneficial invention of which human ingenuity can boast, is that of writing. But the first essays of this art, which hath contributed more than all others to the improve- THE HISTORT OF AMERICA. 169 uient of the species, were very rude, and it advanced towards perfection slowly, and by a gradual pro- gression. When the warrior, eager for fame, wished to transmit some knowledge of his exploits to suc- ceeding ages ; when the gratitude of a people to their sovereign prompted them to hand down an account of his beneficent deeds to posterity ; the first method of accomplishing this which seems to have occurred to them, was to delineate, in the best manner they could, figures representing the action of which they were solicitous to preserve the me- mory. Of this, which has very properly been called picture writing, we find traces among some of the most savage tribes of America. When a leader re- turns from the field, he strips a tree of its bark, and with red paint scratches upon it some uncouth figures, which represent the order of his march, the number of his followers, the enemy whom he attacked, the scalps and captives which he brought home. To those simple annals he trusts for renown, and soothes himself with hope that by their means he shall receive praise from warriors of future times. Compared with those awkward essays of their savage countrymen, the paintings of the Mexicans may be considered as works of composition and .design. They were not acquainted, it is true, with any other method of recording transactions, than that of delineating the objects which they wished to represent. But they could exhibit a more com- plex series of events in progressive order, and describe, by a proper disposition of figures, the oc- y, and fertility in the creation, attracted their principal homage. The Moon and Stars, as co- operating with him, were entitled to secondary honours^ Wherever the propensity in the human mind to acknowledge and to adore some superior power takes this direction, and is employed in con- templating the order and beneficence that really exist ia nature, the spirit of superstition is mild. Wherever imaginary beings, created by the fancy and the fears of men, are supposed to preside in nature, and become the objects of worship, superstition always assumes a more severe and atrocious form. Of the latter we have an example among the Mexi- cans, of the former among the people of Peru. The Peruvians had not, indeed, made such progress in observation or inquiry, as to have attained just conceptions of the Deity ; nor was there in their language any proper- name or appellation of the Supreme Power, which intimated that they had formed any idea of him as the Creator and Governor of the world. But by directing their veneration to that glorious luminary, which, by its universal and vivifying energy, is the best emblem of divine bene- ficence, the rights and observances which they deemed acceptable to him were innocent and humane. They offered t to the sun a part of thoje productions which his genial warmth had called forth from the bosom of the earth, and reared to maturity. They sacrificed, as an oblation of gratitude, tome of the animals which were indebted to his influence for i nourishment. They presented to him choice speci- mens of those works of ingenuity which his light had guided the hand of man in forming. But the iucas never stained his altars with human blood, nor could they conceive that their beneficent father, the sun would be delighted with such horrid victims ( l. r )7). Thus the Peruvians, unacquainted with those barba- rous rites which extinguish sensibility, and suppress the feelings of nature at the sight of human suffer- ; ings, were formed by the spirit of the superstition which .they had adopted, to a national character more I gentle than that of any people in America. The influence of this superstition operated in the I same manner upon their civil institutions, and tended ! to correct in them whatever was adverse to gentleness of character. The dominion of the incas, though the most absolute of all despotisms, was mitigated by its alliance with religion. The mind was not humbled and depressed by the idea of a forced subjection to the will of a superior : obedience, paid to one who was believed to be clothed with divine authority, was willingly yielded, and implied no degradation. The sovereign, conscious that the submissive reverence of his people flowed from their belief of his heavenly I descent, was continually reminded of a distinction which prompted him to imitate that beneficent power which he was supposed to represent. In consequence of those impressions, there hardly occurs in the tra- ditional history of Peru, any instance of rebellion against the reigning prinae, and, among twelve sue* cessive monarchs, there was not one tyrant. Even the wars in which the incas engaged were carried on with a spirit very different from that of other American nations. They fought not, like savages, to destroy and to exterminate; or, like the v Mexicans, to glut blood-thirsty divinities with hurnaa THE HISTORY OF AMERICA. 1 175 sacrifices. They conquered, in order to reclaim and civilize the vanquished, and to diffuse the knowledge of their own institutions and arts. Prisoners seem not to have been exposed to the insults and tortures which were their lot in every other part of the New World. The incas took the people whom they sub- dued under their protection, and admitted them to a participation of all the advantages enjoyed by their oiiginal subjects. This practice, so repugnant to American ferocity, and resembling the humanity of the most polished nations, must be ascribed, like other peculiarities which we have observed in the Peruvian manners, to the genius of their religion. The incas, considering the homage paid to a/iy other object than the heavenly powers which they adored as impious, were fond oi' gaining proselytes to their favourite system. The idols of every conquered pro- vince were carried in triumph to the great temple at Cuzco, and placed there as trophies of the superior power of the divinity who was the protector of the empire. The people were treated with lenity, and instructed in the religious tenets of their new masters, that the conqueror might have the glory of having added to the number of the votaries of his father the sun. The state of property in Peru was no less singular than that of religion, and contributed, likewise, to- wards giving a mild turn of character to the people. All the lands capable of cultivation were divided into three shares. One was consecrated to the sun, and the product of it was applied to the erection of temples, and furnishing what was requisite towards celebrating the public rites of religion. The second belonged to the inca, and was set apart as the provision made by the community for the support of government. The third and largest fchare was reserved for the mainte- nance of the people, among whom it was parcelled out. Neither individuals, however, nor communities, had a right of exclusive property in the portion set apart for their use. They possessed it only for a year, at the expiration of which a new division was made, in proportion to the rank, the number, and exi- gencies of each family. All those lands were cul- tivated by the joint industry of the community. The people, summoned by a proper officer, repaired in a body to the fields, and performed their common task, while songs and musical instruments cheered them to their labour. By this singular distribution of ter- ritory, as well as by the mode of cultivating it, the idea of a common interest, and of mutual subser- viency, was continually inculcated. Each individual felt his connexion with those around him, and knew that he depended on their friendly aid for what in- crease he was to reap. A state thus constituted may be considered as one great family, in which the union of the members was so complete, and the exchange of good offices so perceptible, as to create stronger attachment, and to bind man to man in closer inter- course, than subsisted under any form of society established in America. From this resulted gentle manners, and mild virtues unknown in the savage state, and with which the Mexicans were little ac- quainted. But, though the institutions of the incas were so framed as to strengthen the bonds of affection among . their subjects, there was great inequality in their condition. The distinction of ranks was fully estab- lished in Peru. A great body of the inhabitants, under the denomination of Yanaconas, were held in a state of a servitude. Their garb and houses were of a form different from those of freemen. Like the Tamenes of Mexico, they were employed in carrying burdens, and in performing every other work of drudgery. Next to them in rank, were such of the people as were free, but distinguished by no official or hereditary honours. Above them were raised, those whom the Spaniards call Orejones, from the. ornaments worn in their ears. They formed what nay be denominated the order of nobles, and in peace as well as war held every office of power or trust. At the head of all were the children of the sun, who, by tlieir high descent and peculiar privileges, were as much exalted above the orejones, as these were ele- vated above the people. Such a form of society, from the union of its mem- bers, as well as from the distinction in their ranks, was favourable to progress in the arts. But the Spaniards, having been acquainted with the improved state of various arts in Mexico, several years before they discovered Peru, were not so much struck with what they observed in the latter country, and de- scribed the appearances of ingenuity there with less warmth of admiration. The Peruvians, nevertheless, had advanced far beyond the Mexicans, both in the necessary arts of life, and in such as have some title to the name of elegant. In Peru, agriculture, the art of. primary necessity in social life, was more extensive, and carried on with greater skill, than in any part of America. The Spaniards, in their progress through the country, were so fully supplied with provisions of every kind, that in the relation of their adventures we meet with few of those dismal scenes of distress occasioned by famine, in which the conquerors of Mexico were so often involved. The quantity of soil under cultiva- tion was not left to the discretion of individuals, but regulated by public authority, in proportion to the exigencies of the community. Even the calamity of an unfruitful season was but little felt, for the pro- duct of the lands consecrated to the sun, as well as those set apart for the incas, being deposited in the Tambos, or public storehouses, it remained there as a stated provision for times of scarcity. As the extent of cultivation was determined with such pro- vident attention to the demands of the state, tho invention and industry of the Peruvians were called forth to extraordinary exertions, by certain defects peculiar to their climate and. soil. All the vast rivers that flow from the Andes take their course eastward to the Atlantic Ocean. Peru is watered only by some streams which rush down from the mountains like torrents. A great part of the low country is sandy and barren, and never refreshed with rain. In order to render such an unpromising region fertile, the ingenuity of the Peruvians had recourse to various expedients. By means of arti- ficial canals, conducted with much patience and considerable art, from the torrents that poured across their country, they conveyed a regular supply of moisture to their fields. They enriched the soil by manuring it with the dung of sea-fo\vls, of which they found an inexhaustible store on all the islands scattered along the coasts (158). In describing the customs of any nation thoroughly civilized, such prac- tices would hardly draw attention, or be mentioned as in any degree remarkable ; but in the history of the improvident race of men in the New World, they are entitled to notice as singular proofs of industry and of art. The use of the plough, indeed was un- known to the Peruvians. They turned up the earth with a kind of mattock of hard wood. Nor was this labour deerr.ed so degrading as to be de- volved wholly upon the women. Both sexes joined in pe. -forming this necessary work. Even the 176 THE HISTORY OF AMERICA. children of the sun set an example of industry by cultivating a field near Cuzco with their own hands, and they dignified this function by denominating it their triumph over the earth. The superior ingenuity of the Peruvians is obvious, likewise, in the construction of their houses and public buildings. In the extensive plains which stretch along the Pacific Ocean, where the sky is perpetually se:ene, and the climate mild, their houses were very properly of a fabric extremely slight. But in the higher regions, where rain falls, where the vicissitude of seasons is known, and their rigour felt, houses were constructed with greater solidity. They were generally of a square form, the walls about eight feet high, built with bricks hardened in the sun, without any windows, and the door low and strait. Simple as these structures were, and rude as the materials may seem to be of which they were formed, they were so durable, that many of them still subsist in different parts of Peru, long after every monument that might have conveyed to us any idea of the 'domestic state of the other American nations has vanished from the face of the earth. But it was in the temples consecrated to the sun, and in the buildings destined* for the residence of their mo- narchs, that the Peruvians displayed the utmost extent of their art and contrivance. The descriptions of them by such of the Spanish writers as had an opportunity of contemplating them, while in some measure entire, might have appeared highly exag- gerated, if the ruins which still remain did not vouch the truth of their relations. These ruins of sacred or royal buildings are found in every province of the empire, and by their frequency demonstrate that they are monuments of a powerful people, who must have subsisted during a period of some extent, in a state of no inconsiderable improvement. They appear to have been edifices various in their dimen- sions. Some of a moderate size, many of immense extent, all remarkable for solidity, and resembling each other in the style of architecture. The temple of Pachacamac, together with a palace of the inca, and a fortress, were so connected toguthe/ as to form one great structure, above half a league in circuit. Tn this prodigious pile, the same singular taste in building is conspicuous as in other works of the Peruvians. As they were unacquainted with the use of the pulley, and other mechanical powers, and could not elevate the larse stones and bricks which they employed in building to any considerable height, the walls of this edifice, in which they seem to have made their greatest effort towards magnifi- cence, did not rise above twelve feet from the ground, Though thev had not discovered the use of mortar, or of any other cement in building, the bricks or stones were joined with so much nicety, that the seams can hardly be discerned (159). The apart- ments, as far as the distribution of them can be traced in the ruins, were ill disposed, and afforded little accommodation. There was not. a single window in any part of the building ; and as no light could enter but by the door, all the apartments of largest dimensions must either have been perfectly dark, or illuminated by some other means. But with all these, and many other imperfections that might be mentioned in their art of building, the works of the Peruvians which still remain, must be be considered as stupendous efforts of a people unacquainted with the use of iron, and convey to us a high idea of the power possessed by their ancient monarchs. These, however, were not the noblest or most use- ful works of the incas. The two great roads from Cusco to Quito, extending in an uninterrupted stretch above fifteen hundred miles, are entitled to still higher praise. Tiic one was conducted through the interior and mountainous country, the other through the plains on I he sea-coast. From the language of admiration in which some of the early writers express their astonishment when they first viewed those roads, and from the more pompous description of later writers, who labour to support some favourite theory concerning America, one might be led to compare this work of the incas to the famous military ways which remain as monuments of the Roman power; but in a country where there was no tame animal except the llama, which was never used for draught, and but little as a beast of burden, where the high-roads were seldom trod by any but a human foot, no great degree of labour or art was requisite in forming them. The Peruvian roads were only fifteen feet in breadth, an 1 in many places so slightly formed, that time has effaced every vestige of the course in which they ran. In the low country, little more seems to have been done than to plant trees, or to fix posts at certain in- tervals, in order to mark the proper route to travel- lers. To open a path through tho mountainous coun- try was a more arduous task. Eminences were le- velled, and hollows filled up, and for the preservation of the road it was fenced with a bank of turf. At proper distances, tambos, or storehouses, were erected for the accommodation of the inca and his attend- ants, in their progress through his dominions. From the manner in which the road was originally formed in this higher and more impervious region, it has proved more durable; and though, from the inatten- tion of the Spaniaids to every object but that of working their mines, nothing has been done towards keeping it in repair, its course may still be traced. Such was the celebrated road of the incas ; and even from this description, divested of every circumstance of manifest exaggeration, or of suspicious aspect, it must be considered as a striking proof of an extraor- dinary progress in improvement and policy. To the savage tribes of America, the idea of facilitating com- munication with places at a distance had never oc- curred. To the Mexicans it was hardly known. Even in the most civilized countries in Europe, men had advanced far in refinement, before it became a re- gular object of national police to form such roads as render intercourse commodious. It was a capital object of Roman policy to open a communication with all the provinces of their extensive empire, by means of those roads which are justly considered as one of the noblest monuments both of their wisdom and their power. But during the long reign of bar- barism, the Roman roads were neglected or destroy- ed ; and at the time when the Spaniards entered Peru, no kingdom in Europe could boast of any work of public utility that could be compared with the great roads formed by the incas. The formation of those roads introduced another improvement in Peru equally unknown over all the rest of America. In its course from south to north, the road of the incas was intersected by all the tor- rents which roll from the Andes towards the West- ern ocean. From the rapidity of their course, as well as from the frequency and violence of their inun- dation, these were not foidable. Some expedient, however, was to be found for passing them. The Peruvians, from their unacquaintance with the use of arches, and their inability to work in wood, could not construct bridges either of stone or timber. But ne- cessity, the parent of invention, suggested a device THE HISTORY OF AMERICA. 177 which supplied that defect. They formed cables o: great strength, by twisting together some of the pli- able withes or osiers, with which their country abounds ; six of these cables they stretched across the stream parallel to one another, and made them fast on each side. These they bound firmly together by interweaving smaller ropes so close, as to form a compact piece of net-work, which being covered with branches of trees and earth, they passed along it with tolerable security (160). Proper persons were ap- pointed to attend at each bridge, to keep it in repair, and to assist passengers. In the level country, where the rivers became deep and broad and still, they are passed in Balzas, or floats ; in the construction as well as navigation of which, the ingenuity of the Pe- ruvians appears to be far superior to that of any people in America. These had advanced no further in naval skill than the use of the paddle, or oar; the Peruvians ventured to raise a mast, and spread a sail, by means of which their balzas not only went nimbly before the wind, but could veer and tack with great celerity. Nor were the ingenuity and art of the Peruvians confined solely to objects of essential utility. They had made some progress in arts, which may be called elegant. They possessed the precious metals in greater abundance than any people of America. They obtained gold in the same manner with the Mexicans, by searching in the channels of rivers, or washing the earth in which particles of it were contained. But in order to procure silver, they exerted no inconsider- able degree of skill and invention. They had not, indeed, attained the art of sinking a shaft into the bowels of the earth, and penetrating to the riches concealed there ; but they hollowed deep caverns on the banks of rivers and the sides of mountains, and emptied such veins as did not dip suddenly beyond their reach. In other places, where the vein lay near the surface, they dug pits to such a depth, that the person who worked below could throw out the ore, or hand it up in baskets. They had discovered the art of smelting and refining this, either by the simple ap- plication of fire, or where the ore was more stubborn, and impregnated with foreign substances, by placing it in small ovens or furnaces, on high grounds, so ar- tificially constructed, that the draught of air perform- ed the function of a bellows, an engine with which they were totally unacquainted. By this simple de- vice, the purer ores were smelted with facility, and the quantity of silver in Peru was so considerable, that many of the utensils employed in the functions of common life were made of it. Several of those vessels and trinkets are said to have meiited no small degree of estimation, on account of the neatness of the workmanship, as well as the intrinsic value of the materials. But as the conquerors of America were well acquainted with the latter, but had scarcely any conception of the former, most of the silver vessels and trinkets were melted down, and rated according to the weight and fineness of the metal in the division of the spoil. In other works of mere curiosity or ornament, their ingenuity has been highly celebrated. Many specimens of those have been dug out of the Guacas, or mounds of earth, with which the Peruvians covered the bodies of the dead. Among these are mirrors of various dimensions, of hard shining stones highly polished ; vessels of earthenware of different forms ; hatchets and other instruments, some destined for war, and others for labour ; some were of flint, some of copper, hardened to such a degree by an unknown process, as to supply the place of iron on several THE HISTORY OF AMERICA, No. 23, occasions. Had the use of those tools formed of copper been general, the progress of the Peruvians in the arts might have been such as to emulate that of more cultivated nations. But either the metal was so rare, or the operation by which it was hard- ened so tedious, that their instruments of copper were few, and so extremely small, that they seem to have been employed only in slighter works. But even to such a circumscribed use of this imperfect metal, the Peruvians were indebted for their supe- riority to the other people of America in various arts. The same observation, however, may be applied to them, which I formerly made with respect to the arts of the Mexicans. From several specimens of Peru- ruvian utensils and ornaments, which are deposited in the royal cabinet of Madrid, and from some pre- served in different collections in other parts of Europe, I have reason to believe that the workmanship is more to be admired on account of the rude tools with which it was executed, than on account of its in- trinsic neatness and elegance; and that the Peru- vians, though the most improved of all the Americans, were not advanced beyond the infancy of arts. But notwithstanding so many particulars which seem to indicate a high degree of improvement in Peru, other circumstances occur that suggest the idea of a society still in the first stages of its transition from barbarism to civilization. In all the dominions of the incas, Cuzco was the only place that had the appearance, or was entitled to the name, of a city. Every where else the people lived mostly in detached habitations, dispersed over the country, or, at the utmost, settled together in small villages. But until men are brought to assemble in numerous bodies, and incorporated in such close union, as to enjoy frequent intercourse, and to feel mutual dependence, they never imbibe perfectly the spirit, or assume the manne-. s, of social life. In a country of immense ex- tent, with only one city, the progress of manners, and the improvement either of the necessary or more refined arts, must have been so slow, and carried on under such disadvantages, that it is more surprising the Peruvians should have advanced so far in refine- ment, than that they did not proceed further. In consequence of this state of imperfect union, the separation of professions in Peru was not so com- plete as among the Mexicans. The less closely men associate, the moVe simple are their manners, and the fewer their wants. The crafts of common and most necessary use in life do not, in such a state, become so complex or difficult, as to render it requisite that men should be trained to them by any particular course of education. All the arts, accordingly, which were of daily and indispensable utility, were exer- cised by every Peruvian indiscriminately. None but the artists employed in works of mere curiosity, or ornament, constituted a separate order of men, or were distinguished from other citizens. From the want of cities in Peru, another consequence followed. There was little commercial intercourse among the inhabitants of that great empire. The activity of commerce is coeval with the foundation of cities ; and from the moment that the members of any commu- nity settle in considerable numbers in one place, its operations become vigorous. The citizen must de- pend for subsistence on the labour of those who cul- tivate the ground. They, in return, must receive some equivalent. Thus mutual intercourse is estab- lished, and the productions of art are regularly ex* changed for the fruits of agriculture. In the towns of the Mexican empire, stated markets were held, and whatever could supply any want or desire of man 2 A 178 THE HISTORY OF AMERICA. was an object of commerce. 'But in Peru, from ardour, the same rapacious desire for wealth, and the singular mode of dividing property, and the '. the same capacity for enduring and surmounting i i ii _ .1 A ,,-1-1,1 ,1. - -i, , , ! i i j-i' i^ j manner in which the people were settled, there w hardly any species of commerce carried on between different provinces, and the community was less ac- quainted with that active intercourse, which is at once a bond of union, and an incentive to improve- ment. everything in order to attain it, which distinguishe the operations of the Spaniards in their greater American conquests. But instead of entering into a detail, which, from the similarity of the transactions would appear almost a repetition of what has been already related, I shall satisfy myself with such a view of those provinces of the Spanish empire in America, which have not hitherto been mentioned, But the unwarlike spirit of the Peruvians was the most remarkable, as well as the most fatal, defect in their character. The greater part of the rude nations j as may convey to my readers an adequate idea of its of America opposed their invaders with undaunted j greatness, fertility, and opulence, ferocity, though with little conduct or success. The I I begin with the countries contiguous to the two Mexicans maintained the struggle in defence of their j great monarchies, of whose history and institutions I liberties with such persevering fortitude, that it was j have given some account, and shall then briefly difficulty the Spaniards triumphed over them. Peru i describe the other districts of Spanish America. The was subdued at once, and almost without resistance ; j jurisdiction of the viceroy of New Spain extends over and the most favourable opportunities of regaining several provinces, which were not subject to the do- j.1 /* 1 T f> 1 ,1 n , 1 it rill .!._-_ _ n* 1 their freedom, and of crushing their oppressors, were lost through the timidity of the people. Though the traditional history of the Peruvians represents all the incas as warlike princes, frequently at the head of armies, which they led to victory and conquest, few symptoms of such a martial spirit appear in any of their operations subsequent to the invasion of the minion of the Mexicans. The countries of Cinaloa and Sonora, that stretch along the east side of the Vermilion sea, or gulf of California, as well as the immense kingdoms of New Navarre and New Mexico, which bend towards the west and north, did not ac- knowledge the sovereignty of Montezuma, or his predecessors. These regions, not inferior in magni- Spaniards. The influence, perhaps, of those insti- tude to all the Mexican empire, are reduced, some to tutions which rendered their manners gentle, gave j a greater, others to a less, degree of subjection to the their minds this unmanly softness ; perhaps the con- Spanish yoke. They extend through the most de- stant serenity and mildness of the climate may have ; lightful part of the temperate zone ; their soil is, in enervated the vigour of their frame ; perhaps some j general, remarkably fertile, and all their productions, principle in their government, unknown to us, was whether animal or vegetable, are most perfect in their the occasion of this political debility. Whatever may | kind. They have all a communication either with have been the cause, the fact is certain, and there is the Pacific ocean, or with the gulf of Mexico, and not an instance in history of any people so little ad- are watered by rivers which not only enrich them, vanced in refinement, so totally destitute of military but may become subservient to commerce. The enterprise. This character hath descended to^ their number of Spaniards settled in those vast countries posterity. The Indians of Peru are now more* tame is indeed extremely small. They may be said to and depressed than any people of America. -Their \ have subdued rather to have occupied them. But if feeble spirits, relaxed in lifeless inaction, seem hardly ! the population in their ancient establishments in capable of any bold or manly exertion. ! America shall continue to increase, they may gra- But, besides those capital defects in the political dually spread over those provinces, of which, however state of Peru, some detached circumstances and facts inviting, they have not hitherto been able to take full occur in the Spanish writers, which discover a con- j possession. siderable remainder of barbarity in their manners, j One circumstance may contribute to the speedy A cruel custom, that prevailed in some of the most | population of some districts. Very rich mines, both savage tribes, subsisted among the Peruvians. On of gold and silver, have been discovered in many of the death of the incas, and other eminent persons, a ! the regions which I have mentioned. Wherever considerable number of their attendunts were put to these are opened, and worked with success, a number death, and interred around their guacas, that they of people resort. In order to supply them with the might appear in the next world with their former necessaries of life, cultivation must be increased, dignity, and be served with the same respect. On artisans of various kinds must assemble, and industry the death of Huona-Capac, the most powerful of j as well as wealth will be gradually diffused. Many their monarchs, above a thousand victims were ! examples of this have occurred in different parts of doomed to accompany him to . the tomb. In one ' America since they fell under the dominion of the particular their manners appear to have been more : Spaniards. Populous villages and large towns have barbarous than those of most rude tribes. Though suddenly arisen amidst uninhabited wilds and moun- acquainted with the use of fire in preparing maize, ! tains ; and the working of mines, though far from and other vegetables, for food, they devoured both j being the most proper object towards which the at- fiesh and fish perfectly raw, and astonished the | tention of an infant society should be turned, may Spaniards with a practice repugnant to the ideas of ! become the means both of promoting useful activity, all civilized people. j and of augmenting the number of people. A recent But though Mexico and Peru are the possessions j and singular instance of this has happened, which, of Spain in the New World, which, on account both ! as it is but little known in Europe, and may be pro- of their ancient and present state, have attracted the ductive of great effects, merits attention. The Spani- greatest attention, her other dominions there are far from being inconsiderable, either in extent or value. ards settled in the provinces of Cinaloa and Sonora had been long disturbed by the depredations of some A ! _r? 1.1 _ T__ j' T._ A! 1 *r/?r^ + V/- The greater part of them was reduced to subjection ! fierce tribes of the Indians. In the year 17G5, the during the first part of the sixteenth century, by pri- ' incursions of those savages became so frequent, and vate adventurers, who fitted out their small armanents so destructive, that the Spanish inhabitants, in des- cither in Hispaniola or in Old Spain ; and were we pair, applied to the Marquis de Croix, the viceroy of to follow each leader in his progress, we should dis- j Mexico, for such a body of troops as might enable -cover the same daring courage, the same persevering ! them to drive those formidable invaders from their THE HISTORY OF AMERICA. 170 places of retreat in the mountains. But the treasury of Mexico was so much exhausted by the large sums drawn from it, in order to support the late war against Great Britain, that the viceroy could afford them no aid. The respect due to his virtues accom- plished what his official power could not effect. He prevailed with the merchants of New Spain to ad- vance about two hundred thousand pesos for defray- ing the expense of the expedition. The war was conducted by an officer of abilities ; and after being protracted for three years, chiefly by the difficulty of pursuing the fugitives over mountains and through (iefiles which were almost impassable, it terminated, in the year 1771, in the final submission of the tribes which had been so long the object of terror to the two provinces. In the course of this service, the Spaniards marched through countries into which they seem nut to have penetrated before that time, and discovered mines of such value, as was astonish- ing even to men acquainted with the riches con- tuincd in the mountains of the New World. At Ciueguilla, in the province of Sonora, they entered a plain of fourteen leagues in extent, in which, at the depth of only sixteen inches, they found gold in grains of such a size, that some of them weighed nine marks, and in such quantities, that in a shoi't time, with a few labourers, they collected a thousand marks of gold in grains, even without taking time to wash the earth that had been dug, which appeared to be .so rich, that pcrs-ms of skill computed that it might yield what would be equal in value to a million of pesos. Before the end of the year 1771, above two thousand persons were settled in Cineguilla, under the government of proper magistrates, and the in- spection of several ecclesiastics. As several other mines, not inferior in richness to that of Cineguilla, have been discovered, both in Sonora and Cinaloa, it is probable that these neglected and thinly inha- bited provinces may soon become as populous and valuable as any part of the Spanish empire of America. The peninsula of California, on the other side of the Vermilion sea, seems to have been less known to the ancient Mexicans than the provinces which I have mentioned. It was discovered by Cortes in the year 1536. During a long period it continued to be so little frequented, that even its form was unknown, and in most charts it was represented as an island, not as a peninsula ( ). Though the climate of this country, if we may judge from its situation, must be very desirable, the Spaniards have made small pro- gress in peopling it. Towards the close of the last century, the Jesuits, who had great merit in exploring this neglected province, and in civilizing its rude in- habitants, imperceptibly acquired a dominion over it as complete as that which they possessed in their missions in Paraguay, and they laboured to introduce into it the same policy, and to govern the natives by the same maxims. In order to prevent the court of Spain from conceiving any jealousy of their designs and operations, they seem studiously to have depre- ciated the country, by representing the climate as so disagreeable and unwholesome, and the soil as so barren, that nothing but a zealous desire of convert- ing the natives could have induced them to settle there. Several public-spirited citizens endeavoured to undeceive their sovereigns, and to give them a better view of California ; but in vain. At length, on the expulsion of the Jesuits from the Spanish dominions, the court of Madrid, as prone at that juncture to suspect the purity of the order's in- tentions, as formerly to confide in them with implicit trust, appointed Don Joseph Galvcz, whose abilities have since raised him to the high rank of minister for the Indies, to visit that peninsula. His account of the country was favourable ; he found the pearl- fishery on its coasts to be valuable, and he discovered mines of gold of a very promising appearance. From its vicinity to Cinaloa and Sonora, it is pro- bable, that if the population of these provinces shall increase in the manner which I have supposed, Ca- lifornia may, by degrees, receive from them such a recruit of inhabitants, as to be no longer reckoned among the desolate and useless districts of the Spa- nish empire. On the east of Mexico, Yucatan and Honduras are comprehended in the government of New Spain, though anciently they can hardly be said to have formed a part of the Mexican empire. These large provinces, stretching from the bay of Campeachy beyond Cape Gracias a Dios, do not, like the other territories of Spain in the New World, derive their value either from the fertility of their soil, or the richness of their mines; but they produce, in greater abundance than any other part of America, the log- wood-tree, which, in dying some colours, is so far preferable to any other material, that the consump- tion of it in Europe is considerable, and it has be- come an article in commerce of great value. During a long period no European nation intruded upon the Spaniards in those provinces, or attempted to obtain any share in this branch of trade. But after the conquest of Jamaica by the English, it soon appeared that a formidable rival was now seated in the neigh- bourhood of the Spanish territories. One of the first objects which tempted the English settled in that island, was the great profit arising from the logwood trade, and the facility of wresting some portion of it from the Spaniards. Some adventurers from Ja- maica made the first attempt at Cape Catoche, the south-east promontory of Yucatan, and by cutting logwood there, earned on a gainful traffic. When most of the trees near the coast in that place were felled, they removed to the island of Trist, in the bay of Campeachy, and in later times, their principal station has been in the bay of Honduras. The Spaniards, alarmed at this encroachment, endea- voured by negociation, remonstrances, and open force, to prevent the English from obtaining any footing on that part of the American continent. But after struggling against it for more than a cen- tury, the disasters of last war extorted from the court of Madrid a reluctant consent to tolerate this settle- ment of foreigners in the heart of its territories. The pain which this humbling concession occasioned, seems to have prompted the Spaniards to devise a method of rendering it of little consequence, more effectual than all the efforts of negociation or vio- lence. The logwood produced on the west coast of Yucatan, where the soil is drier, is in quality far superior to that which grows on the marshy grounds where the English are settled. By encouraging the cutting of this, and permitting the importation of it into Spain without paying any duty, such vigour has been given to this branch of commerce, and the logwood which the English bring to market has sunk so much in value, that their trade to the bay of Honduras has gradually declined since it obtained a legal sanction ; and, it is probable, . will soon be finally abandoned. In that event, Yucatan and Honduras will become possessions of consider- able importance to Spain. Still further east than Honduras lie the two pro- vinces of Costa Rica and Veragua, which likewise 180 THE HISTORY OF AMERICA. belong to the viceroyalty of New Spain ; but both have been so much neglected by the Spaniards, and are apparently of such small value, that they merit no particular attention. The most important province depending on the viceroyalty of Peru is Chili. The incas had estab- lished their dominion in some of its northern districts; but in the greater part of the country, its gallant and high-spirited inhabitants maintained their independ- ence. The Spaniards, allured by the fame of its opulence, early attempted the conquest of it under Diego Almagro ; and after his death, Pedro de Val- divia resumed the design. Both met with fierce op- position. The former relinquished the enterprise in the manner which I have mentioned. The latter, after having given many displays, both of courage and military skill, was cut off, together with a con- siderable body of troops under his commaud. Fran- cisco de Villagra, Valdivia's lieutenant, by his spirited conduct, checked the natives in their career, and saved the remainder of the Spaniards from des- truction. By degrees, all the campaign country along the coast was subjected to the Spanish do- minion. The mountainous country is still possessed by the Puelches, Araucos, and other tribes of its original inhabitants, formidable neighbours to the Spaniards; with whom, during the course of two centuries, they have been obliged to maintain almost perpetual hostility, suspended only by a few inter- vals of insecure peace. That part of Chili, then, which may properly be deemed a Spanish province, is a narrow district, extended along the coast from the desert of Atacamas to the island of Chiloe, above nine hundred miles. Its climate is the most delicious in the New World, and is hardly equalled by that of any region on the face of the earth. Though bordering on the torrid zone, [it never feels the extremity of heat, being screened on the east by the Andes, and refreshed from the west by cooling sea-breezes. The tempe- rature of the air is so mild and equable, that the Spaniards give it the preference to that of the southern provinces in their native country. The fertility of the soil corresponds with the benignity of the climate, and is wonderfully accommodated to European productions. The most valuable of these, corn, wine, and oil, abound in Chili, as if they had been native to the country. All the fruits imported from Europe attain to full maturity there. The animals of our hemisphere not only multiply, but improve, in this delightful region. The horned cattle are of larger size than those of Spain. Its breed of horses surpasses, both in beauty and spirit, the famous Andalusian race from which they sprung. Nor has nature exhausted her bounty on the surface of the earth; she has stored its bowels with riches. Valuable mines of gold, of silver, of copper, and of lead, have been discovered in various parts of it. A country distinguished by so many blessings, we may be apt to conclude, would early become a fa- vourite station of the Spaniards, and must have been cultivated with peculiar predilection and care. In- stead of this, a great part of it remains unoccupied. In all this extent of country, there are not above eighty thousand white inhabitants, and about three times that number of negroes and people of a mixed race. The most fertile soil in America lies unculti- vated, and some of its most promising mines remain unwrought. Strange as this neglect of the Spa- niards to avail themselves of advantages which seemed to court their acceptance may appear, the causes of it can be traced. The only intercource of Spain w r ith its colonies in the South sea, was carried on during two centuries by the annual fleet to Porto-bello. All the produce of these colo- nies was shipped in the ports of Callao or Africa in Peru, for Panama, and carried from thence across the isthmus. All the commodities which they re- ceived from the mother-country were conveyed from Panama to the same harbours. Thus both the ex- ports and imports of Chili passed through the hands of merchants settled in Peru. These had of course a profit on each ; and in both transactions the Chi- lese felt their own subordination ; and having no direct intercourse with the parent state, they de- pended upon another province for the disposal of their productions, as well as for the supply of their wants. Under such discouragements, population could not increase, and industry was destitute of one chief incitement. But now that Spain, from motives which I shall mention hereafter, has adopted a new system, and carries on her commerce with the colo- nies in the South sea, by ships which go round Cape Horn, a direct intercourse is opened between Chili and the mother-country. The gold, the silver, and the other commodities of the province, will be ex- changed in its own harbours for the manufactures of Europe. Chili may speedily rise into that import- ance among the Spanish settlements, to which it is entitled by its natural advantages. It may become the granary of Peru, and the other provinces along the Pacific ocean. It may supply them with wine, with cattle, with horses, with hemp, and many other articles for which they now depend upon Europe. Though the new system has been established only a few years, those effects of it begin already to be observed. If it shall be adhered to with any steadi- ness for half a century, one may venture to foretell, that population, industry, and opulence, will advance in this province with rapid progress. To the east of the Andes, the provinces of Tucu- man, and Rio de la Plata, border on Chili; and, like it, were dependent on the viceroyalty of Peru. These regions, of immense extent, stretch in length, from north to south, above thirteen hundred miles, and in breadth more than a thousand. This country, which is larger than most European kingdoms, na- turally forms itself into two great divisions, one on the north and the other on the south of Rio de la Plata. The former comprehends Paraguay, the famous missions of the Jesuits, and several other districts. But as disputes have long subsisted be- tween the courts of Spain and Portugal concerning its boundaries, which, it is probable, will be soon finally ascertained, either amicably or by the deci- sion of the sword. I choose to reserve my account of this northern division, until I enter upon the his- tory of Portuguese America, with which it is inti- mately connected ; and, in relating it, I shall be able, from authentic materials, supplied both by Spain and Portugal, to give a full and accurate des- cription of the operations and views of the Jesuits, in rearing that singular fabric of policy in America, which has drawn so much attention, and has been so imperfectly understood. The latter division of the province contains the governments of Tucuman and Buenos Ayres, and to these I shall at present con- fine my observations. The Spaniards entered this part of America by the river de la Plata ; and, though a succession of cruel disasters befell them in their early attempts to establish their dominion in it, they were encouraged to persist in the design, at first by the hopes of discovering mines in the interior country, and afterwards by the necessity of THE HISTORY OF AMERICA. 181 occupying it, in order to prevent any other nation from settling there, and penetrating by this route into their rich possessions in Peru. But except at Buenos Ayres, they have made no settlement of any consequence in all the vast space which I have mentioned. There are, indeed, scattered over it, a few places on which they have bestowed the name of towns, and to which they have endeavoured to add some dignity, by erecting them into bishoprics ; but they are no better than paltry villages, each with two or three hundred inhabitants. One circum- stance, however, which was not originally foi'eseen, has contributed to render this district, though thinly peopled, of considerable importance. The province of Tucuman, together with the country to the south of the Plata, instead of being covered with wood like other parts of America, forms one extensive open plain, almost without a tree. The soil is a deep fer- tile mould, watered by many streams descending from the Andes, and clothed in perpetual verdure. In this rich pasturage, the horses and cattle imported by the Spaniards from Europe have multiplied to a degree which almost exceeds belief. This has enabled the inhabitants, not only to open a lucrative trade with Peru, by supplying it with cattle, horses, and mules, but to carry on a commerce no less bene- ficial, by the exportation of hides to Europe. From both the colony has derived great advantages. Bnt its commodious situation for carrying on contraband trade, has been the chief source of its prosperity. While the court of Madrid adhered to its ancient system, with respect to its communication with Ame- rica, the river De la Plata lay so much out of the course of Spanish navigation, that interlopers, almost without any risk of being either observed or obstructed, could pour in European manufactures in such quantities, that they not only supplied the wants of the colony, but were conveyed into all the eastern districts of Peru. When the Portuguese in Brazil extended their settlements to the banks of Rio de la Plato, a new channel was opened, by which pro- hibited commodities flowed into the Spanish terri- tories, with still more facility, and in greater abun- dance. This illegal traffic, however detrimental to the parent state, contributed to the increase of the settlement which had the immediate benefit of it, and Buenos-Ayres became gradually a populous and opulent town. What may be the effect of the altera- tion lately made in the government of this colony, the nature of which shall be described in the subse- quent book, cannot hitherto be known. All the other territories of Spain in the New World, the islands exxepted, of whose discovery and reduction I have formerly given an account, are comprehended under two great divisions ; the former denominated the kingdom of Tierra Ferme, the pro- vinces of which stretch along the Atlantic, from the eastern frontier of New Spain to the mouth of the Orinoco ; the latter, the new kingdom of Granada, situated in the interior country. With a short view of these I shall close this part of my work. To the east of Veragua, the last province subject to the viceroy of Mexico, lies the isthmus of Darien. Though it was in this part of the continent that the Spaniards first began to plant colonies, they have made no considerable progress in peopling it. As the country is extremely mountainous, deluged with rain during a good part of the year, remarkably un- healthful, and contains no mines of great value, the Spaniards would probably have abandoned it alto- gether, if they had not been allui'ed to continue by the excellence of the harbour of Porto-Bello on the one sea, and that of Panama on the other. These have been called the keys to the communication be tween the North and South sea, between Spain and her most valuable colonies. In consequence of this advantage, Panama has become a considerable and thriving town. The peculiar noxiousness of its cli- mate has prevented Porto-Bello from increasing in the same proportion. As the intercourse with the settlements in the Pacific ocean is now carried on by another channel, it is probable that both Porto- Bello and Panama will decline, when no longer nourished and enriched by that commerce to which they were indebted for their prosperity, and even their existence. The provinces of Carthagena and Santa Martha stretch to the eastward of the isthmus of Darien. The country still continues mountainous, but its val- leys begin to expand, are well watered, and extremely fertile. Pedro de Heredia subjected this part of America to the crown of Spain, about the year 1532. It is thinly peopled, and of course ill cultivated. It produces, however, a variety of valuable drugs, and some precious stones, particularly emeralds. But its chief importance is derived from the harbour of Car- thagena, the safest and best fortified of any in the American dominions of Spain. In a situation so favourable, commerce soon began to flourish. As early as the year 1544 it seems to have been a town of some note. But when Carthagena was chosen as- the port in which the galeons should first begin to trade on their arrival from Europe, and to which they were directed to return, in order to prepare for their voyage homeward, the commerce of its inhabitants was so much favoured by this arrangement, that it soon became one of the most populous, opulent, and beautiful cities in America. There is, however, reason to apprehend, that it has reached its highest point of exaltation, and that it will be so far affected by the change in the Spanish system of trade with America, which has withdrawn from it the desirable visits of the galeons, as to feel at least a temporary decline. But the wealth now collected there will soon find or create employment for itself, and may be turned with advantage into some new channel. Its harbour is so safe, and so conveniently situated for receiving commodities from Europe, its merchants have been so long accustomed to convey these into all the adjacent provinces, that it is probable they will still retain this branch of trade, and Carthagena continue to be a city of great importance. The [province contiguous to Santa Martha on the cast, was first visited by Alonso de Ojeda, in the year 1499 ("^) ; and the Spaniards, on their land- ing there, having observed some huts in an Indian village built upon piles, in order to raise them above the stagnated water which covered the plain, were led to bestow upon it the name of Venezuela, or Little Venice, by their usual propensity to find a resemblance between what they discovered in Ame- rica, and the objects which were familiar to them in Europe. They made some attempts to settle there, but with little success. The final reduction of the province was accomplished by means very different from those to which Spain was indebted for its other acquisitions in the New World. The ambition of Charles V. often engaged him in operations of such variety and extent, that his revenues were not suffi- cient to defray the expense of carrying them into exe- cution. Among other expedients for supplying the diticiency of his funds, he had borrowed large sums from the Velsers of Augsburg, the most opulent merchants at that time in Europe. By way of rctri- 182 THE HISTORY OF AMERICA. bution for these, or in hopes, perhaps, of obtaining a new loan, he bestowed upon them the province of Venezuela, to be held as an hereditary fief from the crown of Castile, on condition that within a limited time "they should render themselves masters of the country, and establish a colony there. Under the direction of such persons, it might have been ex- pected that a settlement would have been established on maxims very different from those of the Spaniards, and better calculated to encourage such useful in- dustry as mercantile proprietors might have known to be the most certain course of prosperity and opu- lence. But unfortunately they committed the exe- cution of their plan to some of those soldiers of fortune with which Germany abounded in the six- teenth century. These adventurers, impatient to amass riches, that they might speedily abandon a station which they soon discovered to be very un- cemfortable, instead of planting a colony in order to cultivate and improve the country, wandered from district to district in search of mines, plundering the natives with unfeeling rapacity, or oppressing them by the imposition of intolerable tasks. In the course of a few years, their avarice and exactions, in com- parison with which those of the Spaniards were moderate, desolated the province so completely, that it could hardly afford them subsistence, and the Velsers relinquished a property from which the in- considerate conduct of their agents left them no hope of ever deriving any advantage. When the wretched remainder of the Germans deserted Vene- zuela, the Spaniards again took possession of it ; but notwithstanding many natural advantages, it is one of their most languishing and unproductive settle- ments. The provinces of Caraccas and Cumana are the last of the Spanish territories on this coast; but in relating the origin and operations of the mercantile company, in which an exclusive right of trade with them has been vested, I shall hereafter have occasion to consider their state and productions. The new kingdom of Granada is entirely an inland country of great extent. This important ad- dition was mac'e to the dominions of Spain about the year 1536, by Sebastian dc Benalcazar and Gonzalo Ximenes de Quesada, two of the bravest and most accomplished officers employed in the conquest of America. The former, who commanded at that time in Quito, attacked it from the south ; the latter made his invasion from Santa Martha on the north. As the original inhabitants of this region were fur- ther advanced in improvement than any people in America but the Mexicans and Peruvians, they defended themselves with great resolution and good conduct. The abilities and perseverance of Benalcazar and Quesada surmounted all opposition, though not without encountering many dangers, and reduced the country into the form of a Spanish province. The new kingdom of Granada is so far elevated above the level of the sea, that though it approaches .almost to the equator, the climate is remarkably temperate. The fertility of its valleys is not in- ferior to that of the richest districts in America, and its higher grounds yield gold and precious stones of various kinds. It is not by digging into the bowels .of the earth that this gold is found ; it is mingled .with the soil near the surface, and separated from it -by repeated washing with water. This operation is * /carried on wholly by negro slaves; for though the ,chill subterranean air has been discovered, by ex- perience, to be so fatal to them, that they cannot be employed with advantage in the deep silver mines, they are move capable of performing the other spe- cies of labour than Indians. As the natives in the new kingdom of Granada are exempt from that ser- vice, which has wasted their race so rapidly in other parts of America, the countiy is still remarkably populous. Some districts yield gold with a pro- fusion no less wonderful |than that in the vale of Cineguilla, which 1 have formerly mentioned, and it is often found in large pepitar, or grains, which manifest the abundance in which it is produced, On a rising ground near Pamplona, single labourers have collected in a day what was equal in value to a thousand pesos. A late governor of Santa Fe brought with him to Spain a lump of pure gold, estimated to be worth seven hundred and forty pounds sterling. This, which is, perhaps, the largest and finest specimen ever found in the New World, is now deposited in the royal cabinet of Madrid. But without founding any calculation on what is rare and extraordinary, the value of the gold usually collected in this countiy, particularly in the pro- vinces of Popayan and Choco, is of considerable amount. Its towns are populous and flourishing. The number of inhabitants in almost every part of the country daily increases. Cultivation and in- dustry of various kinds begin to be encouraged, and to prosper. A considerable trade is carried on with Carthagena, the produce of the mines, and other commodities, being conveyed down the great river of St. Magdalene to that city. On another quarter, the new kingdom of Granada has a communication with the Atlantic by the river Orinoco ; but the country which stretches along its banks towards the east, is little known, and imperfectly occupied by the Spaniards. BOOK VIII. After tracing the progress of the Spaniards iu their discoveries and conquests during more than half a century, I have conducted them to that pe- riod when their authority was established over al- most all the vast regions in the New World still subject to their dominion. The effect of their settle- ments upon the countries of which they took posses- sion, the maxims which they adopted in forming their new colonies, the interior structure and policy of these, together with the influence of their pro- gressive improvement upon the parent state, and upon the commercial intercourse of nations, are the objects to which we now turn our attention. The first visible consequence of the establishments made by the Spaniards in America, was the diminu- tion of the ancient inhabitants, to a degree equally astonishing and deplorable. I have already, on dif- ferent occasions, mentioned the disastrous influence under which the connexion of the Americans with the people of the hemisphere commenced, both in the islands and in several parts of the continent, and have touched upon various causes of their rapid consumption. Wherever the inhabitants of America had resolution to take arms in defence of their liberty and rights, many perished in the unequal contest, and were cut off by their fierce invaders. But the greatest desolation followed after the sword j was sheathed, and the conquerors were settled in THE HISTORY OF AMERICA. 183 tranquillity. It was in the islands, and in those Such are the most considerable events and causes provinces of the continent which stretch from the which, by their combined operation, contributed to gulf of Trinidad to the confines of Mexico/that the depopulate America. Without attending to these, fatal effects of the Spanish dominion were first and many authors, astonished at the suddenness of the most sensibly felt. All these were occupied either desolation, have ascribed this unexampled event to by wandering tribes of hunters, or by such as had a system of policy no less profound than atrocious, made but small progress in cultivation and industry. The Spaniards, as they pretend, conscious of their When they were compelled by their new masters to own inability to occupy the vast regions which they take up a fixed residence, and to apply to regular had discovered, and foreseeing the impossibility of labour; when tasks were imposed upon them dis- maintaining their authority over a people infinitely proportioned to their strength, and were exacted superior to themselves in number, in order to pre- with unrelenting severity, they possessed not vigour serve the possession of America, resolved to exter- either of mind or of body to ^sustain this unusual minate the inhabitants, and, by converting a great load of oppression. Dejection and despair drove part of the country into a desert, endeavoured to many to end their lives by violence. Fatigue and secure their own dominion over it. But nations scl- famine destroyed more. In all those extensive re- dom extend their views to objects so remote, or lay gions, the original race of inhabitants wasted away ; their plans so deep; and for the honour of humanity in some it was totally extinguished. In Mexico, we may observe, that no nation ever deliberately where a powerful and martial people distinguished formed such an execrable scheme. The Spanish their opposition to the Spaniards by efforts of cou- monarchs, far from acting upon any such system rao (> worthy of a better fate, great numbers fell in ' of destruction, were uniformly solicitous for the pre- the field; and there, as well as in Peru, still greater servation of their new subjects. With Isabella, zeal numbers perished under the hardships of attending for propagating the Christian faith, together with the Spanish armies in their various expeditions and the desire of communicating the knowledge of truth, civil wars, worn out with the incessant toil of carry- and the consolations of religion, to people destitute ing their baggage, provisions, and military stores. of spiritual light, were more than ostensible motives But neither the rage nor cruelty of the Spaniards for encouraging Columbus to attempt his discoveries, was so destructive to the people of Mexico and Peru Upon his success, she endeavoured to fulfil her pious as the inconsiderate policy with which they estab- purpose, and manifested the most tender concern to lishcd their new settlements. The former were tern- secure not only religious instruction, but mild treat- porary calamities, fatal to individuals : the latter ment, to that inofi'ensive race of men subjected to was a permanent evil, which, with gradual consump- her crown. Her successors adopted the same ideas ; tion, wasted the nation. When the provinces of and on many occasions, which I have mentioned, Mexico and Peru were divided among the conquerors, their authority was interposed, in the most vigorous each was eager to obtain a district from which exertions, to protect the people of America from the he might expect an instantaneous recompence for oppression of their Spanish subjects. Their regu- all his services. Soldiers, accustomed to the care- ; lations for this purpose were numerous, and often lessness and dissipation of a military life, had neither repeated. They were framed with wisdom and die- industry to carry on any plan of regular cultivation, tated by humanity. After their possessions in the nor patience to wait for its slow but certain returns. . New World became so extensive as might have cx- Instead of settling in the valleys occupied by the cited some apprehensions of difficulty in retaining natives, where the fertility of the soil would have their dominion over them, the spirit of their regu- amply rewarded the diligence of the planter, they ' lations was as mild as when their settlements were chose to fix their stations in some of the mountainous j confined to the islands alone. Their solicitude to regions, frequent both in New Spain and in Peru. ! protect the Indians seems rather to have augmented To search for mines of gold and silver, was the chief ; as their acquisitions increased ; [and from ardour object of their activity. The prospects which this i to accomplish this, they enacted and endeavoured opens, and the alluring hopes which it continually j to enforce the execution of laws, which excited presents, correspond wonderfully with the spirit of enterprise and adventure that animated the first emi- grants to America in every part of their conduct. In order to push forward those favourite projects, so many hands were wanted, that the service of the natives became indispensably requisite. They were accordingly compelled to abandon their ancient ha- bitations in the plains, and driven in crowds to the mountains. This sudden transition from the sultry climate of the valleys to the chill penetrating air peculiar to high land's in the torrid zone; exorbitant a formidable rebellion in one of their colonies, and spread alarm and disaffection through all the rest. But the avarice of individuals was too labour, scanty or unwholesome nourishment, and the despondency occasioned by a species of oppression to which they were not accustomed, and of which they saw no end, affected them nearly as much as their less industrious countrymen in the islands. They sunk under the united pressure of those cala- mities, and melted away with almost equal rapidity. In consequence of this, together with the introduc- tion of the small-pox, a malady unknown in Ame- rica, and extremely fatal to the natives, the number of people both in New Spain and Peru was so much reduced, that in a few years the accounts of their ancient population appeared almost incredible(16 1). violent to be controlled by the authority of laws. Rapacious and daring adventurers, far removed from the seat of government, little accustomed to the restraints of military discipline while in service, and still less disposed to respect the feeble juris- diction of civil power in an infant colony, despised or deluded every regulation that set bounds to their exactions and tyranny. The parent state, with per- severing attention, issued edicts to prevent the op- pression of the Indians; the colonists, regardless of these, or trusting to their distance for impunity, continued to consider and treat them as slaves. The governors themselves, and other officers employed in the colonies, several of whom were as indigent and rapacious as the adventurers over whom they presided, were too apt to adopt their contemptuous ideas of the conquered people ; and, instead of checking, encouraged or connived at their excesses. The desolution of the New World should not then be charged on the court of Spain, or be considered as the effect of any system of policy adopted there, 181 THE HISTORY OF AMERICA. It ought to be imputed wholly to the indigent and often unprincipled adventurers, whose fortune it was to be the conquerors and first planters of America, who, by measures no less inconsiderate than unjust, counteracted the edicts of their sovereign, and have brought disgrace upon their country. With still greater injustice have many authors re- presented the intole rating spirit of the Roman Ca- tholic religion, as the cause of exterminating the Americans, and have accused the Spanish eccle- siastics of animating their countrymen to the slaughter of that innocent people, as idolaters and enemies of God. But the first missionaries who visited America, though weak and illiterate were pious men. They early espoused the defence of the natives, and vindicated their character from the as- persions of their conquerors, who, describing them as incapable of being formed to the offices of civil life, or of comprehending the doctrines of religion, contended, that they were a subordi- nate race of men, on whom the hand of nature had set the mark of servitude. From the accounts which I have given of the humane and pei'severing zeal of the Spanish missionaries, in protecting the helpless flock committed to their charge, they ap- pear in a light which reflects lustre upon their func- tion. They were ministers of peace, who endea- voured to wrest the rod from the hands of oppressors. To their powerful interposition the Americans were indebted for every regulation tending to mitigate the rigour of their fate. The clergy in the Spanish settlements, regular as well as secular, are still con- sidered by the Indians as their natural guardians, to whom they have recourse under the hardships, and exactions to which they are too often exposed. But, notwithstanding the rapid depopulation of Ame- rica, a very considerable number of the native race still remains both in Mexico and Peru, especially in those parts which were not exposed to the first fury of the Spanish arms, or desolated by the first efforts of their industry, still more ruinous. In Guatimala, Chiapa, Nicaragua, and the other delightful pro- vinces of the Mexican empire, which stretch along the South sea, the race of Indians is still numerous. Their settlements in some places are so popu- lous, as to merit the name of cities. In the three audiences into which New Spain is divi- ded, there are at least two millions of Indians ; a pitiful remnant indeed, of its ancient population ; but such as still forms a body of people superior in number to that of all the other inhabitants of this extensive country. In Pedro several districts, par- ticularly in the kingdom of Quito, are occupied almost entirely by Indians. In other provinces they are mingled with the Spaniards, and in many of their settlements are almost the only persons who practice the mechanic arts, and fill most of the inferior stations in society. As the inhabitants both of Mexico and Peru were accustomed to a fixed residence, and to a certain degree of regular indus- try, less violence was requisite in bringing them to some conformity with the European modes of civil life. But whenever the Spaniards settled among the savage tribes of America, their atempts to in- corporate with them have been always fruitless, and often fatal to the natives. Impatient of restraint, and disdaining labour as a mark of servility, they either abandoned their original seats, and sought for independence in mountains and forests inacces- sible to their oppressers, or perished when reduced to a state repugnant to their ancient ideas and habits. In their district adjacent to Carthagena, to I Panama, and to Buenos-Ayres, the desolation is ! more general than even in those parts of Mexico and Peru of which the Spaniards have taken most full possession. But the establishments of the Spaniards in the I New World, though fatal to its ancient inhabitants, I were made at a period when that monarchy was ca- pable of forming them to best advantage. By the union of all its petty kingdoms, Spain was become a powerful state, equal to so great an undertaking. Its monarchs, having extended their prerogatives far beyond the limits which once circumscribed the regal power in every kingdom of Europe, were hardly subject to control, either in concerting or in executing their measures. In every wide-ex- tended empire, the form of government must be simple, and the sovereign authority such, that its re- solutions may be taken with promptitude, and may pervade the whole with sufficient force. Such was the power of the Spanish monarchs, when they were called to deliberate concerning the mode of establish- ing their dominion over the most remote provinces which had ever been subjected to any European state. In this deliberation, they felt themselves under no constitutional restraint, and that, as inde- pendent masters of their own resolves, they might issue the edicts requisite for modelling the govern- ment of the new colonies by a mere act of preroga- tive. This early interposition of the Spanish crown, in order to regulate the policy and trade of its colonies, is a peculiarity which distinguishes their progress from that of the colonies of any other European nation. When the Portuguese, the English, and French took possession of the regions in American which they now occupy, the advantages which these pro- mised to yield were so remote and uncertain, that their colonies were suffered to struggle through u hard infancy, almost without guidance or protection from the parent state. But gold and silver, the first productions of the Spanish settlements in the New World, were more alluring, and immediately at tracted the attention of their monarchs. Though they had contributed little to the discovery, and al- most nothing lo the conquest, of the New World, they instantly assumed the function of its legisla- tors ; and having acquired a species of dominion formerly unknown, they formed a plan for exercising it, to which nothing similar occurs in the history of human affairs. The fundamental maxim of Spanish jurisprudence, with respect to America, is to consider what has been acquired there as vested in the crown, rather than in the state. By the bull of Alexander VI., on which, as its great charter, Spain founded its right, all the regions that had been or should be discove.ied were bestowed as a free gift upon Ferdinand and Isabella. They and their successors were uniformly held to b e the universal proprietors of the vast territories which the arms of their subjects conquered in the New World. From them all grants of land th ere flowed, and to them they finally "returned. The lead- ers who conducted the various expeditions, the go- vernors who presided over the different colonies, the officers of justice, and the ministers of religion, were all appointed by their authority, and removable at their pleasure. The people who composed infant settlements were entitled to no privileges independent of the sovereign, or that served as a barrier against the power of the crown. It is true, that when towns were built, and formed into bodies corporate, the citizens were permitted to elect their THE HISTORY OF AMERICA. 183 o\vn magistrates, who governed them by laws which the community enacted. Even iu the most despotic .states this fee. hie spark of liberty is not extinguished. But, iu the cities of Spanish America, this jurisdic- tion is merely municipal, and is confined to the regu- lation of their own interior commerce and police. In whatever relates to public government, and "the gencarl interest, the will of the sovereign is law. No political power originates from the people. All centres in the crown, and in the olhcers of its nomination. When the conquests of the Spaniards in America were completed, their mnnarehs, informing the plan (if internal policy lor their new dominions, divided them into two immen.se governments, one subject to the viceroy of New Spain, the other to the viceroy of Peru. The jurisdiction of the former extended over all the provinces belonging to Spain in the northern division of the American continent. Un- der that of the latter, was comprehended whatever she possessed in South America. This arrange- ment, which, from the beginning was attended with many inconveniences, became intolerable when the remote provinces of each viceroyalty began to im- prove in industry and population* The people com- plained of their subjection to a superior, whose place of residence was so distant, or so inaccessible, as almost .excluded them from any intercourse with the seat of government. The authority of (lie viceroy over disti iits so far removed from his own e\ e and observation, was unavoidably both feeble and ill directed. As a remedy for those evils, a third vice- royalty has been established in the present cen- tury, at Santa Fe de Bogota, the capital of the new kingdom of (Jranada, the jurisdiction of which extends over the whole kingdom of Tierra Firine and the province of Quito. Those viceroys not only represent the person of their sovereign, but possess his regal prerogatives within the precincts of their own governments in their utmost extent. Like him, they exercise supreme authority in every department of government, civil, military, and cri- minal. They have the sole right of nominating the persons who hold many ottices of the highest importance, and the occasional privilege of supply- ing those which when they become vacant by death are in the royal gift, until the successor by the king shall arrive. The external pomp of their govern- ment is suited to its real dignity and power. Their courts are formed upon the model of that at Madrid with horse and foot guards, a household regularly established, numerous attendants, and ensigns of command, displaying such imigni licence as hardly retains the appearance of delegated authority. But as the viceroys cannot discharge in person the functions of a supreme magistrate in every part of their extensive jurisdiction, they are aided in their government by officers and tribunals similar to those i-u Spain. The conduct of civil affairs in the various provinces and districts, into which the Spanish do- minions in Ainerica are divided, is committed to magistrates of various orders and denominations ; some appointed by the king, others by the viceroy, but all subject to the command of the latter, and amenable to his jurisdiction. The administration of justice is vested in tribunals, known by the name of audiences, and formed upon the model of the court of chancery in Spain. These are eleven in number, and dispense justice to as many districts, into which the Spanish dominions in America are divided (170). The number of judges in the court of audience is various, according to the extent and im- HISTORY OF AMERICA, No. -24. portance of their jurisdiction. The station is no less honourable than lucrative, and is commonly tilled by persons of such abilities and merit as | render this tribunal extremely respectable. Both civil and criminal causes come under their cogni- zance, and for each peculiar judges are set apart. Though it is only in the most despotic governments that the sovereign exercises in person the formidable prerogative of administering justice to his subjects, and in absolving, or condemning, consults no law but what is deposited in his own breast ; though, in all the monarchies of Europe, judicial authority is committed to magistrates, whose decisions are regu- lated by known laws and established forms; the Spanish viceroys have often attempted to intrude themselves into the seat of justice, and, with an am- bition which their distance from the control of a superior rendered bold, have aspired at a power which their master does not venture to assume. In order to cheek an usurpation which must have an- nihilated justice and security in the Spanish colonies, by subjecting the lives anil property of all to the will of a single man, the viceroys have been prohi- bited, in the most explicit terms, by repeated laws, from interfering in the judicial proceedings of the courts of audience, or from delivering an opinion, or giving a vnii e, with respect to any point litigated before them. In some particular cases, in which any question of civil right is involved, even the po- litical regulations of the viceroy may be brought Tinder the review of the court of audience, which iu those instances may be deemed an intermediate power placed between him and the people, as a con- stitutional barrier to circumscribe his jurisdiction. But as legal restraints on a person who represents the sovereign, and is clothed with his authority, are little suited to the genius of Spanish policy; the he- sitation and reserve with which it confers this power on the courts of audience are remarkable. They may advise, they may remonstrate; but, in the event of a direct collision between their opinion and the will of the viceroy, what he determines must be carried into execution, and nothing remains for them, but to lay the matter before the king and the council of the indies But to be entitled to remon- strate, and inform against a person before whom all others must be silent, and tamely submit to his de crees, is a privilege which adds dignity to the courts of audience. This is further augmented by another circumstance. Upon the death of a viceroy, with- out any provision of a successor by the king, tin; supreme power is vested in the court of audience resident in the capital of the viceroyalty; and the senior judge, assisted by his brethren, exercises all the functions of the viceroy while the office conti- nues vacant. In matters which come under the cognizance of the audiences, in the course of their ordinary jurisdiction, as courts of justice, their sen, tenc.es are final in every litigation concerning pro perty of less value than six thousand pesos ; hut when the subject in dispute exceeds that sum, their decisions are subject to review, and may be carried by appeal before the royal council of the Indies. In this council, one of the most considerable in the monarchy for dignity and power, is vested the supreme government of all the Spanish dominions in America. It was first established by Ferdinand, in the year 1511, and brought into a more perfect form by Charles V., in the year 1524, Its jurisdic- tion extends to eveiy department; ecclesiastical, civil, military, and commercial All laws and ordi- nances relative to the government and police of the 2 B 186 THE HISTORY OF AMERICA. colonies originate there, and must be approved of by two-thirds of the members before they are issued in the name of the king. All the offices, of which the nomination is reserved to the crown, are conferred iu this council. To it each person employed in America, from the viceroy downwards, is account- able. It reviews their conduct, rewards their ser- vices, and inflicts the punishments due to their mal- versations. Before it is laid whatever intelligence, cither public or secret, is received from America ; and every scheme of improving the administration, the police, or the commerce of the colonies, is sub- mitted to its consideration. From the first institu- tion of the council of the Indies, it has been the constant object of the Catholic monarchs to main- tain its authority, and to make such additions from time to time, both to its power and its splendour, as might render it formidable to all their subjects in the New World. Whatever degree of public order and virtue still remains in that country, where so many circumstances conspire to relax the former, and to corrupt the latter, may be ascribed, in a great measure, to the wise regulations and vigilant inspec- tion of this respectable tribunal. As the king is supposed to be always present in his council of the Indies, its meetings arc held in the place where he resides. Another tribunal has been instituted, in order to regulate such commer- cial affairs as required the immediate and personal inspection of those appointed to superintend them. This is culled Caxa de la Cuntratucion, or the house of trade, and was established in Seville, the port to which commerce with the New World was confined, as early as the year 1501. It may be considered both as a board of trade, and as a court, of judicature. In the former capacity, it takes cognizance of what- ever relates to the intercourse of Spain with Ame- rica, it regulates what commodities should be ex- ported thither, and has the inspection of such as are received in return. It decides concerning the de- parture of the fleets for the West Indies, the freight and burden of the ships, their equipment and desti- nation. In the latter capacity, it judges with respect to every question, civil, commercial, or criminal, arising in consequence of the transactions of Spain with America; and in both these departments its decisions are exempted from the review of any court but that of the council of the Indies. Such is the great outline of that system of govern- ment which Spain has established in her American colonies. To enumerate the various subordinate boards and offices employed in the administration of justice, in collecting the public revenue, and in re- gulating the interior police of the country ; to de- scribe their different functions, and to inquire into the mode and effect of their operations, would prove a detail no less intricate than minute and uninter- esting. The first object of the Spanish monarch was to secure the productions of the colonies to the parent- state, by an absolute prohibition of any intercourse with foreign nations. They took possession of Ame- rica by right of conquest, and conscious not only of the feebleness of their infant settlements, but aware of the difficulty in establishing their dominion over regions so extensive, or in retaining so many reluct- ant nations under the yoke, they dreaded the intru- tion of strangers; they even shunned their inspec- tion, and endeavoured to keep them at a distance from their coasts. This spirit of jealousy and ex- clusion, which at. first was natural, and perhaps nc- pessary, augmented as their possessions in America extended, und the value of them came to be more fully understood. In consequence of it, a system of colonizing was introduced, to which there had hitherto been nothing simiiyr among mankind. Jn the ancient world, it was not uncommon to M nd forth colonies. But they were of two kinds only. They were cither migrations, which served to dis- burden a state of its superfluous subjects, when they multiplied too last for the territory which they occu- pied ; or, the\ were military detachments, stationed as garrisons in a conquered province. The colonies <.if some, (ireek republics, and the swarms of northern barbarians which settled in different parts of Europe, were of the first species. The Roman colonies wen; of the second. In the former, the connexion with the mother-country quickly ceased, and they became independent states. In the latter, as the disjunction was not complete, the dependence continued. In their American settlements, the Spanish monarchs took what was peculiarly to each, and studied to unite them. By sending colonies to regions so re- mote, by establishing in each a fonn of interior policy and administration, under distinct governors, and with peculiar laws, they disjoined them from the mother-country. By retaining in their own hands the rights of legislation, as well as that of imposing taxes, together with the power of nominat- ing the persons who filled exery department of ex- ecutive government, civil or military, they secured their dependence upon the parent-state. Happily for Spain, the situation of her colonies was such as rendered it possible to reduce this new idea into practice. Almost all the countries which she had discovered and occupied, lay within the tropics. The productions of that, large portion of the globe are different from those of Europe, even in its most southern provinces. The qualities of the climate and of the soil naturally turn the industry of such as settle there into new channels. When the Spa- niards first took possession of their dominions in America, the precious metals which they yielded Avere the only object that attracted their attention. Even when their efforts began to take a better di- rection, they employed themselves almost wholly in rearing such peculiar productions of the climate as, from their rarity or value, were of chief demand in the mother-country. Allured by vast prospects of immediate wealth, they disdained to waste their industry on what was less lucrative, but of superior moment. In order to render it impossible to correct this error, and to prevent them from making any efforts in industry which might interfere with those of the mother-country, the establishment of several species of manufactuics, and even the culture of the vine, or olive, are prohibited in the Spanish colo- nies (171), under severe penalties. They must trust entirely to the mother-country for the objects of primary necessity. Their clothes, their furniture, their instruments of labour, their luxuries, and even a considerable part of the provisions which they consume, were imported from Spain. During a great part of the sixteenth century, Spain, possess- ing an extensive commerce and nourishing manufac- tures, could supply with ease the growing demands of her colonies from her own stores. The produce | of their mines and plantations was given in cx- I change for these. But all that the colonies received, j as well as all that they gave, was conveyed in Spa- i nish bottoms. No ve'ssel belonging- to the colonies was ever permitted to carry the commodities of .Ame- rica to Europe. Even the commercial intercourse . of one colony with another was either absolutely THE HISTORY OF AMERICA 187 Prohibited, or limited by many jealous restrictions All that America yields Hows into the ports of Spain : all that it consumes must issue from them. No fo- reigner can enter its colonies without express per- mission ; no vessel of any foreign nation is i -eceived into their harbours ; and the pains of death, with confiscation of movables, are denounced againet every inhabitant who presumes to trade with them. Thus the colonies are kept in a state of perpetual pupilage ; and by the introduction of this commer- cial dependence, a refinement in policy of which Spain set the first example to European nations, the supremacy of the parent state hath been main- tained over remote colonies during two centuries and a half. Such are the capital maxims to which the Spanish monarchs seem to have attended in forming their new settlements in America. But they could not plant with the same rapidity that they had destroyed; and from many concurring causes, their progress has been extremely slow in filling up the immense void which their devastations had occasioned. As soon as the rage for discovery and adventure began to abate, the Spaniards opened their eyes to dangers and distress which at first they did not perceive, or had despised. The numerous hardships with which the members of infant colonies have to struggle; the have protected them; unreasonable 190 THE HISTORY OF AMERICA. tasks are imposed; the term of their labour is pro longed beyond the period fixed by law, and the groan under many of the insults and wrongs whict arc (he lot of a dependent people(lSO). From sonic in formation on which I can depend, such oppressior abounds more in Peru than in any other colony Bui. it is not general. According to the account even of those authors who arc most disposed to ex aggerate, the sufferings of the Indians, I hey in severa provinces enjoy not only ease but aril nonce ; the possess large farms; they are masters oi' numeiou herds and flocks ; and, by the knowledge which the; have acquired of European arts and industry, ar supplied not only with the necessaries, but with many luxuries of life. After- explaining the form of civil government in the Spanish colonies, and the state of the varioui orders of persons subject to it, the peculiarities ii their ecclesiastical constitution merit consideration Notwithstanding the superstitious veneration with which the Spaniards are devoted to the holy see, th vigilant and jealous policy of Ferdinand early prompted him to take precautions against the intro- duction of the papal dominion in America. With thi view, he solicited Alexander VI. for a grant to th< crown, of the tithes in all the newly discoveret countries, which he obtained, on condition of his making provision for the religious instruction of th< natives. Soon after, Julius II. conferred on him and his successors, the right of patronage and the absolute disposal of airecclesiastical benefices there But these pontiffs, unacquainted with the value o: what he demanded, bestowed those donations with an inconsiderate liberality, which their successors have often lamented and wished to recall. In con- sequence of those grants, the Spanish monarchs have become in effect, the heads of the American church. In them the administration of its revenues is vested. Their nomination of persons to supply vacant benefices is instanly confirmed by the pope. Thus, in all Spanish America, authority of every species centres in the crown. There no collision is known between spiritual and temporal jurisdiction. The king is the only superior, his name alone is heard of, and no dependence upon any foreign power has been introduced. Papal bulls cannot be admitted into America, nor are they of any force there, until they have been previously examined and approved of by the royal council of the Indies ; and if any bull should be surreptitiously introduced and circulated in America without obtaining that approbation, ecclesiastics are required not only to prevent it from taking effect, but to seize all the co- pies of it, and transmit them to the council of the Indies. To this limitation of the papal jurisdiction, equally singular whether we consider the age and na- tion in which it was devised, or the jealous attention with which Ferdinand and his successors have stu- died to maintain it in full force, Spain is indebted, in a great measure, for the uniform tranquillity which has reigned in her American dominions. The hierarchy is established in America in the same form as in Spain, with its full train of arch- bishops, bishops, deans, and other dignitaries. The inferior clergy are divided into three classes, under the denomination of Curas, Dovtrineros, and M/ssion- eros. The first are parish priests in those parts of the country where the Spaniards have settled. The second have the charge of such districts as arc inha- bited by Indians subjected to the Spanish govern- ment, and living nnder its protection. The third are employed in instructing and converting those fiercer tribes, which disdain submission to the Spani.-.h Aoke, and live in remote or inaccessible regions, t<> whirh the Spanish arms have not penetrated. So iiinm-niu- are the ecclesiastics of all those various orders, and such the profuse liberality with which many of thorn are endowed, that the revenues of the church hi America arc immense. The Romish superstition appears with its utmost pomp in the New World. Churches and convents there are magnificent, and richly adorned ; and on high festivals, the display of gold and silver, and precious stones, is such a.s exceeds the conception of a European. An eccle- siastical establishment so splendid and extensive, is unfavourable, as has been formerly observed, to the progress of rising colonies ; but in countries where riches abound, and the people are so delight- ed with parade, that religion must assume it in order to attract their veneration, this propensity to osten- tation has been indulged, and becomes loss perni- cious. The early institution of monasteries in the Spa- nish colonies, and the inconsiderate zeal in multi- plying them, have been attended with consequences more fatal. In every new settlement, the first object should be to encourage population, and to incite every citizen to contribute towards augmenting the number and strength of the community. During the youth and vigour of society, while there is room to spread, and sustenance is procured with facility, mankind increase with amazing rapidity. But, the Spaniards had hardly taken posession of America, when, with a most preposterous policy, they began to erect convents, where persons of both sexes were shut up, under a vow to defeat the purpose of nature, and to counteract the first of her laws. Influenced by a misguided piety, which ascribes transcendant merit to a state of celibacy, or allured by the pros- pect of that listless ease which in sultry climates is deemed supreme felicity, numbers crowded into those mansions of sloth and superstition, and are lost to society. As none but persons of Spanish extract are admitted into the monasteries of the New World, the evil is more sensibly felt, and every monk or nun may be considered as an active person with- drawn from civil life. The impropriety of such foundations in any situation, where the extent of territory requires additional hands to improve it, is so obvious, that some catholic states have expressly prohibited any person in their colonies from taking the monastic vows. Even the Spanish monarchs, on some occasions, seem to have been alarmed with the spreading of a spirit so adverse to the increase and prosperity of their colonies, that they have en- deavoured to check it. But the Spaniards in America, more thoroughly under the influence of superstition than their countrymen in Europe, and directed by ecclesiastics more bigoted and illiterate, have conceived such a high opinion of monastic sanctity, that no regulations can restrain their zeal ; and, by the excess of their ill-judged bounty, religi- ous houses have multiplied to a degree no less amazing than pernicious to society (181). In viewing the state of colonies, where not only he number but influence of ecclesiastics is so great, he character of this powerful body is an object that merits particular attention. A considerable part of he secular clergy in Mexico and Peru are natives )f Spain. As persons long accustomed, by their education, to the retirement and indolence of aca- Icmic life, are more incapable of active enterprise, md less disposed to strike into new paths, than any rder of men, the ecclesiastical adventurers by whom i . THE HISTORY OF AMERICA. tho American church is recruited, are commonly such as, from merit or rank in life, have little pros- pect of success in their own country. Accordingly, the secular priests in the New World are still less distinguished than their brethren in Spain for lite- rary accomplishments of any species ; and though by the ample provision which has been made for the American church, many of its members enjoy the ease and independence which are favourable to the cultivation of science, the body of secular clergy has hardly, during two centuries and a half, produced one author whose works convey such useful informa- tion, or possess such a degree of merit, as to be ranked among those which attract the attention of enlightened nations. But the greatest part of the ecclesiastics in the Spanish settlements are regulars. On the discovery of America, a new field opened to the pious zeal of the monastic orders; and, with a becoming alacrity, they immediately sent forth mis- sionaries to labour in it. The first attempt to instruct and convert the Americans was made by monks ; and as soon as the conquest of any province was completed, and its ecclesiastical establishment began to assume some form, the popes permitted the mis- sionaries of the four mendicant orders, as a reward for their services, to accept of parochial charges in America, to perform all spiritual functions, and to receive the tithes and other emoluments of the bene- fice, without depending on the jurisdiction of the bishop of the diocese, or being subject to his cen- sures. In consequence of this, a new career of use- fulness, as well as new objects of ambition, pre- sented themselves. Whenever a call is made for a fresh supply of missionaries, men of the most ardent and aspiring minds, impatient under the restraint of a cloister, weary of its insipid uniformity, and fa- tigued with the irksome repetition of its frivolous functions, offer their service with eagerness, and repair to the New World in quest of liberty and distinction. Nor do they pursue distinction without success. The highest ecclesiastical honours, as well a -s the most lucrative preferments in Mexico and Pern, are often in the hands of regulars ; and it is chiefly to the monastic orders that the Americans are indebted for any portion of science which is cultivated among them. They are almost the only Spanish ecclesiastics from whom we have received any accounts either of the civil or natural history of the various provinces in America. Some of them, though deeply tinged with the indelible superstition of their profession, have published books which give a favourable idea of their abilities. The natural and moral history of the New World, by the Jesuit Acosta, contains more accurate observations, per- haps, and more sound science, than are to be found in any description of remote countries published in the sixteenth century. But the same disgust with monastic life, to which America is indebted for some instructors of worth and abilities, filled it with others of a very different character. The giddy, the profligate, the avaricious, to whom the poverty and rigid discipline of a con- vent are intolerable, consider a mission to America as a release from mortification and bondage. There they soon obtain some parochial charge ; and far removed, by their situation, from the inspection of their monastic superiors, and exempt, by their cha- racter, from the jurisdiction of their diocesan, they are hardly subjected to any controul. According to the testimony of the most zealous catholics, many of the regular clergy in the Spanish settlements are not only destitute of the virtues becoming their pro- fession, but regardless of that external decorum and respect for the opinion of mankind, which preserve a semblance of worth where the reality is wanting. Secure of impunity, some regulars, in contempt of their vow of poverty, engage openly in commerce, and are so rapaciouly eager in amassing wealth, that they become the most grievous oppressors of the Indians whom it was their duty to have protect- ed. Others, with no less flagrant violation of their vow of chastity, indulge with little disguise in tho most dissolute licentiousness (182). Various schemes have been proposed for redress- ing enormities so manifest and so offensive. Several persons, no less eminent for piety than discernment, have contended, that the regulars, in conformity to the canons of the church, ought to be confined within the walls of their cloisters, and should no longer be permitted to encroach on the functions of the secular clergy. Some public-spirited magistrates, from con- v it-turn of its being necessary to deprive the regulais of a privilege bestowed at first with good intention, but of which time and experience had discovered the pernicious effects, openly countenanced the secular clergy in their attempts to assert their own rights. The Prince D'Esquilache, viceroy of Peru under Phillip III., took measures so decisive and effectual for circumscribing the regulars within their proper sphere, as struck them with general consterna- tion (183). They had recourse to their usual arts. They alarmed the superstitious, by representing the proceedings of the viceroy as innovations fatal to religion. They employed all the refinements of in- trigue, in order to gain persons in power ; and se- conded by the powerful influence of the Jesuits, who claimed and enjoyed all the privileges which belonged to the mendicant orders in America, they made a deep impression on a bigoted prince and a weak ministry. The ancient practice was tolerated. The abuses which it occasioned continued to increase, and the corruption of monks, exempt from the re- straints of discipline, and the inspection of any su- perior, became a disgrace to religion. At last, as the veneration of the Spaniards for the monastic orders began to abate, and the power of the Jesuits was on the decline, Ferdinand VI. ventured to apply the only effectual remedy, by issuing an edict, pro- hibiting regulars of every denomination from taking the charge of any parish with the cure of souls ; and declaring, that on the demise of the present incum- bents, none but secular priests, subject to the juris- diction of their diocesans, shall be presented to vacant benefices. If this regulation is carried into execution with steadiness in any degree proportional to the wisdom with which it is framed, a very con- siderable reformation may take place in the eccle- siastical state of Spanish America, and the secular clergy may gradually become a respectable body of men. The deportment of many ecclesiastics, even at present, seems to be decent and exemplary; otherwise we can hardly suppose that they would be held in such high estimation, and possess such a wonderful ascendant over the minds of their coun- trymen throughout all the Spanish settlements. "But whatever merit the Spanish ecclesiastics in America may possess, the success of their endeavours in communicating the knowledc of true religion to the Indians, has been more imperfect than might have been expected, either from the degree of their zeal, or from the dominion which they had acquired over that people. For this, various reasons may be assigned. The first missionaries, in their ardour to make proselytes, admitted the people of America 192 ; THE HISTORY OF AMERICA. into the Christian church, \vithout previous instruc- tion in the doctrines of religion, and even before they themselves had acquired such knowledge in the Indian language, as to be able to explain to the natives the mysteries of faith, or the precepts of duty. Resting upon a subtle distinction in scho- lastic theology, between that degree of assent which is founded on a complete knowledge and conviction of duty, and that which may be yielded when both these are imperfect, they adopted this strange prac- tice, no less inconsistent with the spirit of a religion which addresses itself to the understanding of men, than repugnant to the dictates of reason. As soon as any body of the people, overawed by dread of the Spanish power, moved by the example of their own chiefs, incited by levity, or yielding from mere ig- norance, expressed the slightest desire of embracing the religion of their conquerors, they were instantly baptized. While this rage of conversion continued", a single clergyman baptized in one day above five thousand Mexicans, and did not desist until he was so exhausted by fatigue, that he was unable to lift his hands. In the course of a few years after the reduction of the Mexican empire, the sacrament of baptism was administered to more than four millions. Proselytes adopted with such inconsiderate haste, and who were neither instructed in the nature of the tenets to which it was supposed they had given as- sent, nor taught the absurdity of those which they were required to relinquish, retained their venera- tion for their ancient superstitions in full force, or mingled an attachment to iis doctrines and rites with that slender knowledge of Christianity which they had acquired. These sentiments the new con- verts transmitted to their posterity, into whose minds they have sunk $o deep, that the Spanish ecclesias- tics, with all their industry, have not been able to eradicate them. The religious institutions of their ancestors are still remembered and held in honour by many of the Indians, both in Mexico and Peru ; aud whenever they think themselves out of reach of inspection by the Spaniards, they assemble and ce- lebrate their idolatrous rites. But this is not the most insurmoxm table obstacle to the progress of Christianity among the Indians. The powers of their uncultivated understandings are so limited, their observations and reflections reach so little beyond the mere objects of sense, that they seem hardly to have the capacity of forming abstract ideas, and possess not language to express them. To such men the sublime and spiritual doctrines of Christianity must be, in a great measure, incompre- hensible. The numerous and splendid ceremonies of the popish worship catch the eye, please and in- terest them; but when their instructors attempt to explain the articles of faith with which those external observances are connected, though the Indians may listen with patience, they so little conceive the meaning of what they hear, that their acquiescence does not merit the name of belief. Their indiffer- ence is still greater than their incapacity. Atten- tive only to the present moment, and engrossed by the objects before them, the Indians so seldom reflect upon what is ,'past, or take thought for what is to come, that neither the promises nor threats of reli- gion make much impression upon them, and while their foresight rarely extends so far as the next day, it is almost impossible to inspire them with solici- tude about the concerns of a future world. Aston- ished equally at their slowness of comprehension, and at their insensibility, some of the early mis- sionaries pronounced them a race of men so brutish is to be incapable of understanding the first prin- ciples of religion. A council held at Lima decreed, ;hat, on account of this incapacity, they ought to be excluded from the sacrament of the Eucharist. Though Paul III., by his famous bull issued in the year 1537, declared "them to be rational creatures entitled to all the privileges of Christians ; yet after the lapse of two centuries, during which they have been members of the church, so imperfect are their attainments in knowledge, that very few possess such a portion of spiritual discernment, as to be deemed worthy of being admitted to the holy com- munion. From this ideir of their incapacity and imperfect knowledge of religion, when the zeal of Philip II. established the Inquisition in America in the year 1570, the Indians were exempted from the jurisdiction of that severe tribunal, and still continue under the inspection of their diocesans. Even after the: most perfect instruction, their faith is held to be feeble and dubious; and though some of them have been taught the learned languages, and have gone through the ordinary course of academic education with applause, their frailty is still so much sus- pected, that few Indians are either ordained priests or received into any religious order. (181.) From this brief survey some idea may he formed of the interior state of the Spanish colonies. The various productions with which they supply and en- rich the mother-country, aud the system of commer- cial intercourse between them, come next in order to be explained. If the dominions of Spain in the New World had been of such moderate extent, as bore a due proportion to the parent state, the pro- gress of her colonizing might have been attended with the same benetit as that of other nations. But when, in less than half a century, her inconsiderate rapacity had seized on countries larger than all Europe, her inability to fill such vast regions with a number of inhabitants sufficient for the cultivation of them was so obvious, as to give a wrong direction to all the efforts of the colonists. They did not form compact settlements, where industry, circumscribed within proper limits, both in its views and opera- tions, is conducted with that sober persevering spirit, which gradually converts whatever is in its possession, to a proper use, and derives thence the greatest advan- tage. Instead of this, the Spaniards, seduced by the boundless prospect which opened to them, di- vided their possessions in America into governments of great extent. As their number was too small to attempt the regular culture of the immense pro- vinces which they occupied rather than peopled, they bent their attention to a few objects that al- lured them with hopes of sudden and exorbitant gain, and turned away with contempt from the hum- bler paths of industry, which lead more slowly, but with greater certainty, to wealth and increase of national strength. Of all the methods by which riches may be ac- quired, that of searching for the precious metals- i^ one of the most inviting to men who are cither un- accustomed to the regular assiduity with which the culture of the earth and the operations of commerce must be carried on, or who are so enterprising and rapacious as not to be satisfied with the gradual re- turns of profit which they yield. Accordingly, as soon as the several countries in America were sub- jected to the dominion of Spain, this was almost the only method of acquiring wealth which occurred to the adventurers by whom they were conquered. Such provinces of the continent as did not allure them to settle, by the prospect of their affording THE HISTORY OF AMERICA. 193 gold and silver, were totally neglected. Those in which they met with a disappointment of the san- guine expectations they had formed, were abandoned. Even the value of the islands, the first fruits of their discoveries, and the first object of their attention, sunk so much in their estimation, when the mines which had been opened in them were exhausted, that they were deserted by many of the planters, and left to be occupied by more industrious posses- sors. All crowded to Mexico and Peru, where the quantities of gold and silver found among the natives, who searched for them with little industry arid less skill, promised an unexhausted store, as there- compeuce of more intelligent and persevering efforts. During several years, the ardour of their researches was kept up by hope rather than success. At length, the rich silver mines of Potosi in Peru were acci- dentally discovered in the year 1545 by a-n Indian, as he was clambering up the mountains in pursuit of a llama which had strayed from his flock. Soon after the mines of Sacotecas in New Spain, little inferior to the other in value, were opened. From that time, successive discoveries have been made in both colo- nies, and silver mines are now so numerous, that the working of them, and of some few mines of gold in the provinces of Tierra Firmo, and the new king- dom of Granada, has become the* capital occupation of the Spaniards, and is reduced into a system no less complicated than interesting. To describe the nature of the various ores, the mode of extracting them from the bowels of the earth, and to explain the several processes by which the metals are sepa- rated from the substances with which they are mingled, either by the action of fire, or the attractive powers of mercury, is the province of the natural philosopher or chemist, rather than of the historian. The exuberant profusion with which the moun- tains of the New World poured forth their treasures astonished mankind, who had been accustomed hitherto to receive a penurious supply of the precious metals, from the more scanty stores contained in the mines of the ancient hemisphere. According to principles of computation, which appear to be ex- tremely moderate, the quantity of gold and silver that has been regularly entered in the ports of Spain, is equal in value to four millions sterling annually, reckoning from the year 1492, in which America w4s discovered, to the present time. This, in two hundred and eighty-three years, amounts to eleven hundred and thirty-two millions. Immense as this sum is, the Spanish writers contend, that as much more ought to be added to it, in consideration of treasure which has been extracted from the mines, and imported fraudulently into Spain without pay- ing duty to the king. By this account, Spain has drawn from the New World a supply of wealth amounting at least to two thousand millions of pounds sterling (185). The mines, which have yielded this amazing quantity of treasure, are not worked at the expense of the crown or of the public. In order to encourage private adventurers, the person who discovers and works a new vein is entitled to the property of it. Upon laying his claim to such a discovery before the governor of the province, a certain extent of land is measured off, and a certain number of Indians al- lotted him, under the obligation of his 'opening the mine within a limited time, and of his paying the customary duty to the king for what it shall produce. Invited by the facility with which such grants are obtained, and encouraged by some striking examples of success in this line of adventure, not only the san- HISTORY OF AMERICA, No. 25. guine and the bold, but the timid and diffident, enter upon it with astonishing ardour. With vast objects always in view, fed continually with hope, and ex- pecting every moment that fortune will unveil her secret stores, and give up the wealth which they contain to their wishes, they deem every other occupa- tion insipid and uninteresting. The charms of this pursuit, like the rage for deep play, are so bewitch- ing, and take such full possession of the mind, as even to give a new bent to the natural temper. Under its influence the cautious become enterprising, and the covetous profuse. Powerful as this charm naturally is, its force is augmented by the arts of tin order of men known in Peru by the cant name of searchers. These are commonly persons of desperate fortune, who, availing themselves of some skill in mineralogy, accompanied with the insinuating man- ner and confident pretensions peculiar to projector.*, address the wealthy and the credulous. By plausi- ble descriptions of the appearances which they Ijpve discovered of rich veins hitherto unexplored ; by producing, when requisite, specimens of promising ore; by affirming, with an imposing assurance, that success is certain, and that the expense must be trifling, they seldom fail to persuade. An association is formed; a small sum is advanced by each co- partner; the mine ia opened; the searcher is in- trusted with the sole direction of every operation : unforeseen difficulties occur; new demands of money are made ; but, amidst a succession of disappoint- ments and delays, hope is never extinguished, and the ardour of expectation hardly abates. For it is observed, that if any person once enter this seducing path, it is almost impossible to return ; his iddas alter, he seems to be possessed with another spirit ; visions of imaginary wealth are continually before his eyes, and he thinks, and speaks, and dreams of nothing else. Such is the spirit that must be formed, wherever the active exertions of any society are chiefly em- ployed in working mines of gold and silver. No spirit is more adverse to such improvements in agri- culture and commerce as render a nation really opulent. If the system of administration in the Spanish colonies had been founded upon principles of sound policy, the power and ingenuity of the legislator would have been exerted with as much ardour in restraining its subjects from such perni- cious industry, as is now employed in alluring them towards it. " Projects of mining," says a good judge of the political conduct of nations, " instead of re- placing the capital employed in them, together with the ordinary profit of stock, commonly absorb both capital and profit. They are the projects, therefore, to which, of all others, a prudent lawgiver, who de- sired to increase the capital of his nation, would least choose to give any extraordinary encouragement, or to turn towards them a greater share of that capital than would go to them of its own accord. Such in reality is the absurd confidence which all men have in their own good fortune, that wherever there is the least probability of success, too great a - share of it is apt to go to them of its own accord." But in the Spanish colonies, government is studious to cherish a spirit which it should have laboured to de- press, and, by the sanction of its approbation, aug- ments that inconsiderate credulity, which has turned the active industry of Mexico and Peru into such an improper channel. To this may be imputed the slender progress which Spanish America has made, during two centuries and a half, either in useful manufactures, or in those lucrative branches of cul- 2 c 194 THE HISTORY OF AMERICA. tivatiou which furnish the colonies of other nations and in several other provinces : they are kilk-( with their staple commodities. In comparison with ' merely for the sake of their hides ; and the slaughtei the precious metals every bounty of nature is so at certain seasons is so great, that the stench of thei much despised, that this extravagant idea of their ] carcasses, which are left in the field, would infect the value has mingled with the idiom of language in j air, if large packs of wild dogs, and vast flocks ol America, and the Spaniards settled there, denomi- ! yallinazos, or American vultures, the most voracious nate a country rich, not from the fertility of its soil, ; of all the feathered kind, did not instantly devour the abundance of its crops, or the exuberance of its them. The number of those hides exported in every pastures, but on account of the minerals which its fleet to Europe is very great, and is a lucrative branch mountains contain. In quest of these, they abandon of commerce. the delightful plains of Peru and Mexico, and resort j Almost all these may be considered as staple corn- to barren and uncomfortable regions, where they modities peculiar to America, and different, if we have built some of the largest towns which they pos- except that last mentioned, from the productions of sess in the New World. As the activity and enter- the mother-country. prise of the Spaniards originally took this direction, j When the importations into Spain of those various it is now so difficult to bend them a different way, articles from her colonies first became active and that although, from various causes, the gain of considerable, her interior industry and manufactures working mines is much decreased, the fascination ; were in a state so prosperous, that with the product continues, and almost every person, who takes any j of these she was able both to purchase the commodi- active part in the commerce of New Spain or Peru, ties of the New World and to answer its growing is srill engaged in some adventure of this kind (186). demands. Under the reigns of Ferdinand and Isa- But though mines are the chief object of the bella, and Charles V. Spain was one of the most in- Spaniards, and the precious metals which these yield dustrious countries in Europe. Her manufactures form the principal article in their commerce with [ in wool, and flax, and silk, were so extensive, as not America ; the fertile countries which they possess only to furnish what was sufficient for her own con there abound with other commodities of such value, sumption, but to afford a surplus for exportation, or scarcity, as to attract a considerable degree of i When a market for them, formerly unknown, and to attention, Cochineal is a production almost peculiar which she alone had access, opened in America, she to New Spain, of such demand in commerce that 1 had recourse to her domestic store, and found there the sale is always certain, and yet yields such profit an abundant supply(187). This new employment must as amply rewards the labour and care employed in rearing the curious insects of which this valuable naturally have added vivacity to the spirit of in- dustry. Nourished and invigorated by it, the manu- drug is composed, and preparing it for the market. ' factures, the population, and wealth, of Spain might Quinquina or Jesuits' bark, the most salutary simple, perhaps, and of most restorative virtue, that Provi- dence, in compassion to human infirmity, has made known unto man, is found only in Peru, to which it affords a lucrative branch of commerce. The in- have gone on increasing in the same proportion with the growth of her colonies. Nor was the state of the Spanish marine at this period less flourishing than that of its manufactures. In the beginning of the sixteenth century, Spain is said to have possessed digo of Guatimala is superior in quality to that of above a thousand merchant ships, a number probably any province in America, and cultivated to a con- j far superior to that of any nation in Europe in that siderable extent. Cacao, though not peculiar to the age. By the aid which foreign trade and domestic Spanish colonies, attains to its highest state of per- ' industry give reciprocally to each other in their pro- fection there, and from the great consumption of gress, the augmentation of both must have been chocolate in Europe as well as in America, is a j rapid and extensive, and Spain might have received valuable commodity. The tobacco of Cuba, of ! the same accession of opulence and vigour from her more exquisite flavour than any brought, from the ' acquisitions in the New World, that other powers New World ; the sugar raised in that island, in have derived from their colonies there. Hispaniola, and in New Spain, together with drugs of various kinds, may be mentioned among the natural productions of America which enrich the But various causes prevented this. . The same thing happens to nations as to individuals. Wealth, which flows in gradually, and with moderate increase, Spanish commerce. To these must be added an j feeds and nourishes that activity which is friendly to article of no inconsiderable account, the exportation commerce, and calls it forth into vigorous and well- of hides ; for which, as well as for many of those conducted exertions ; but when opulence pours in which I have enumerated, the Spaniards are more in- 1 suddenly, and with too full a stream, it overturns all debted to the wonderful fertility of the country, than j sober plans of industry, and brings along with it a to their own foresight and industry. The domestic : taste for what is wild and extravagant and daring in animals of Europe, particularly horned cattle, have i business or in action. Such was the great and sud- multiplied in the New World with a rapidity which den augmentation of power and revenue, that the almost exceeds belief. A few years after the Spa- possession of America brought into Spain ; and some niards settled there, the herds of tame cattle became symptoms of its pernicious influence upon the politi- so numerous, that their propietors reckoned them by j cal operations of that monarchy soon began to ap- thousands. Less attention being paid to them as j pear. For a considerable time, however, the supply they continued to increase, they were suffered to ' of treasure from the New World was scanty and pro- run wild ; and spreading over a country of bound- j carious ; and the genius of Charles V. conducted less extent, under a mild climate and covered with . public measures with such prudence, that the effects rich pasture, their number became immense. They ; of this influence were little perceived. But when range over the vast plains which extend from Buenos , Philip II. r.sceuded the Spanish throne, with talents Ayres towards the Andes, in herds of thirty or forty : far inferior to those of his father, and remittances thousand ; and the unlucky traveller who once falls from the colonies became a regular and considerable in among them, may proceed several days before he ; branch of revenue, the fatal operation of this rapid can disentangle himself from among the crowd that | change in the state of the kingdom, both on the covers the face of the earth, and seems to have no monarch and his people, was at once conspicuous, end. They are hardly less numerous in New Spain, Philip, possessing that ^ilrit of unceasing assiduity THE HISTORY OF AMERICA. 195 which often characterizes the ambition of, men of nufactures to America, and receive the exorbitant moderate talents, entertained such a high opinion of price for which they are sold there, either in specie his own resources that he thought nothing too ardu- or in the rich commodities of the New World, ous for him to undertake. Shut up himself in the Neither the dread of danger, nor the allurement of solitude of the Escurial, he troubled and annoyed all profit, ever induced a Spanish factor to betray or the nations around him. He waged open war with defraud the person who confided in him; and that the 'Dutch and English ; he encouraged and aided probity, which is the pride and distinction of the a rebellious faction in France ; he conquered Portu- j nation contributes to its ruin. In a short time, not gal, and maintained armies and garrisons in Italy, above a twentieth part of the commodities exported Africa, and both the Indies. By such a multiplicity to America was of Spanish growth or fabric. All of great and complicated operations, pursued with the rest was the property of foreign merchants, ardour during the course of a long reign, Spain was though entered in the name of Spaniards. The drained both of men and money. Under the weak treasure of the New World may be said hencefor- administration of his successor, Philip III., the ward not to have belonged to Spain. Before it vigour of the nation continued to decrease, and sunk reached Europe, it was anticipated as the price of into the lowest decline, when the inconsiderate goods purchased from foreigners. That wealth bigotry of that monarch expelled at once near a I which, by an internal circulation, would have spread million of his most industrious subjects, at the very through each vein of industry, and have conveyed time when the exhausted state of the kingdom re- quired some extraordinary exertion of political wis- dom to augment its numbers, and to revive its strength. Early in the seventeenth century, Spain felt such a diminution in the cumber of her people, that from inability to recruit her armies she was obliged to contract her operations. Her fleets, which had been the terror of all Europe, were ruined. Her extensive foreign commerce was lost. The trade between different parts of her own dominions was interrupted, and the ships which attempted to carry it on were taken and plundered by enemies whom she once despised. Even agriculture, the primary object of industry in every prosperous state, was neglected, and one of the most fertile countries in Europe hardly raised what was sufficient for the sup- port of its own inhabitants. In proportion as the population and manufactures of the parent state declined, the demands of her The Spaniards, with the wealth which poured in annually upon them, deserted the paths of industry to which they had been accus- colonies continued to increase, like their monarchs, intoxicated life and movement to every branch of manufacture flowed out of the kingdom with such a rapid course as neither enriched nor animated it. On the other hand, the artisans of rival nations, encouraged by this quick sale of their commodities, improved so much in skill and industry, as to be able to afford them at a rate so low, that the manufactures of Spain, which could not vie with theirs, either in quality or cheapness of work, were still further de- pressed. This destructive commerce drained off the riches of the nation faster and more completely than even the extravagant schemes of ambition carried on by its monarchs. Spain was so much astonished and distressed at beholding her American treasures vanish almost as soon as they were imported, that Philip III., unable to supply what was requisite in circulation, issued an edict, by which he endea- voured to raise copper money to a value in currency nearly equal to that of silver: and the lord of the Peruvian and 'Mexican mines was reduced to a wretched expedient, which is the last resource of petty impoverished states. Thus the possessions of Spain in America have tomed, and repaired with eagerness to those regions j not proved a source of population and of wealth to from which this opulence issued. By this rage of her, in the same manner as those of other nations. emigration another drain was opened, and the strength of the colonies augmented by exhausting that of the mother country. All those emigrants, as well as the adventurers who had at first settled in America, depended absolutely upon Spain for almost every article of necessary consumption. Engaged in more alluring and lucrative pursuits, or pre- vented by restraints which government imposed, they could not turn their own attention towards establishing the manufactures requisite for com- fortable subsistence. They received (as I have ob- served in another place) their clothing, their furni- ture, whatever ministers to the ease or luxury of life, and even their instruments of labour, from Europe. Spain thinned of people and decreasing in industry, was unable to supply their growing de- mands. She had recourse to her neighbours. The manufactures of the Low Countries, of England, of France, and of Italy, which her wants called into existence or animated with new vivacity, furnished in abundance whatever she required. In vain did the fundamental law, concerning the exclusion ol foreigners from trade with America, oppose this in- novation. Necessity, more powerful than any statute, defeated its operation, and constrained th< Spaniards themselves to concur in eluding it. Th English, the French and Dutch, relying on th fidelity and honour of Spanish merchants, who len' their names to cover the deceit, send out their rna n the countries of Europe, where the spirit of in- dustry subsists in full vigour, every person settled n such colonies as are similar, in their situation, to ,hose of Spain, is supposed to give employment to hree or four at home in supplying his wants. But wherever the mother country cannot afford this supply, every emigrant may be considered as a citizen lost to the community, and strangers must reap all the benefit of answering his demands. Such has been the internal state of Spain from the close of the sixteenth century, and such her in- ability to supply the growing wants of her colonies. The fatal effects of this disproportion between their demands, and her capacity of answering them, have been much increased by the mode in which Spain has endeavoured to regulate the intercourse between the mother country and the colonies. It is from her idea of monopolizing the trade with America, and debarring her subjects there from any communica- tion with foreigners,, that all her jealous and syste- matic arrangements have arisen. These are so sin- gular in their nature and consequences as to merit a particular explanation. In order to secure the monopoly at which she aimed, Spain did not vest the trade with her colonies in an exclusive company, a plan which has been adopted by nations more commercial, and at a period when mercantile policy was an object of greater attention, and ought to have been better understood. The Dutch gave up 1% THE HISTORY OF AMERICA. the whole trade with their colonies, both in the East and West Indies, to exclusive companies. The English, the French, the Danes, have imitated their example with respect to the East Indian commerce ; and the two former have laid a similar restraint upon some branches of their trade with the New World. The wit of man cannot, perhaps, devise a method for checking the progress of industry and popula- lation in a new colony more effectual this. The interest of the colony, and of the exclusive com- pany, must in every point be diametrically opposite ; and as the latter possesses such advantages in this unequal contest, that it can prescribe at pleasure the terms of intercourse, the former must not only buy dear and sell cheap, but must suffer the mortification of having the increase of its surplus stock discou- raged by those very persons to whom alone it can dispose of its productions. Spain, it is probable, was preserved from falling into this error of policy, by the high ideas which she early formed concerning the riches of the New World. Gold ^and silver were commodities of too high a value to vest a monopoly of them in private hands. The crown wished to retain the direction of a commerce so inviting ; and, in order to secure that, ordained the cargo of every ship fitted out for America to be inspected by the officers of the Casa de Contratacion in Seville before it could receive a licence to make the voyage ; and that, on its return, a report of the commodities which it brought should be made to the same board before it could be per- mitted to land them. In consequence of this regu- lation, all the trade of Spain with the New World centred originally in the port of Seville, and was gradually brought into a form, in which it has been conducted, with little variation, from the middle of the sixteenth century almost to our own times. For the greater security of the valuable cargoes sent to America, as well as for the more easy prevention of fraud, the commerce of Spain with its colonies is carried on by its fleets which sail under strong con- voys. These fleets, consisting of two squadrons, one distinguished by the name of" the Galevns, the other by that of the Flota, are equipped annually. Formerly they took their departure from Seville ; but as the port of Cadiz has been found more commodious, they have sailed from it since the year 1720. The Galeons destined to supply Tierra Firme, and the kingdoms of Peru and Chili, with almost every article of luxury, or necessary consumption, that an opulent people can demand, touch first at Cartha- gena, and then at Porto Bello. To the former, the merchants of Santa Martha, Caraccas, the new king- dom 6f Granada, and several other provinces, resort. The latter is the great mart for the rich commerce of Peru and Chili. At the season when the Galeons are expected, the product of all the mines in these two kingdoms, together with their other valuable commodities, is transported by sea to Panama. From thence, as soon as the appearance of the fleet from Europe is announced, they are conveyed across the isthmus, partly on mules and partly down the river Chagre to Porto Bello. This paltry village, the climate of which, from the pernicious union of excessive heat, continual moisture, and the putrid exalations arising from a rank soil, is more fatal to life than any perhaps in the known world, is im- mediately filled with people. From being the resi- dence of a few negroes and mulattoes, and of a miserable garrison relieved every three months, Porto Bello assumes suddenly a very different aspect, and its streets are crowded with opulent merchants from every corner of Pern and the adjacent pro vinces. A fair is opened, the wealth of America in exchanged fur the manufactures of Europe ; and, during its prescribed term of forty days, the richest traffic on the face of the earth is begun and finished, with that simplicity of transaction, and that un- bounded confidence, which accompany extensive commerce (188). The Flota holds its course to Vera Cruz. The treasures and commodities of New Spain, and the depending provinces, which were deposited at Puebla de los Angeles, in expectation of its arrival, are earned thither ; and the commer- cial operations of Vera Cruz, conducted in the same manner with those of Porto Bello, are inferior to them only in importance and value. Both fleets, as soon as they have completed their cargoes from America, rendezvous at the Havanna, and return in company to Europe. The trade of Spain with her colonies, while thus fettered and restricted, came necessarily to be con- ducted with the same spirit, and upon the same principles, as that of an exclusive company. Being confined to a single port, it was of course thrown into a few hands, and almost the whole of it was gra- dually engrossed by a small numbei of wealthy houses, formerly in Seville, and now in Cadiz. These, by combinations which they can easily form, may altogether prevent that competition which pre- serves commodities at their natural price ; and by acting in concert, to which they are prompted by their mutual interest, they may raise or lower the value of them at pleasure. In consequence of this, the price of European goods in America is always high, and often exorbitant. A hundred, two hun- dred, and even three hundred per cent., are profits not uncommon in the commerce of Spain with her colonies. From the same engrossing spirit it fre- quently happens that traders of the second order, whose warehouses do not contain a complete assort- ment of commodities for the American market, cannot purchase from the more opulent merchants such goods as they want, at a lower price than that for which they are sold in the colonies. With the same vigilant jealousy that an exclusive company guards against the intrusion of the free trader, those overgrown monopolists endeavour to check the pro- gress of every one whose encroachments they dread. This restraint of the American commerce to one port, not only affects its domestic state, but limits its foreign operations. A monopolist may acquire more, and certainly will hazard less, by a confined trade which yields exorbitant profit, than by an ex- tensive commerce in which he receives only a mo- derate return of gain. It is often his interest not to enlarge but to circumscribe the sphere of his ac- tivity ; and, instead of calling forth more vigorous exertions of commercial industry, it maybe the ob- ject of his attention to check and set bounds to them. By some such maxim, the mercantile policy of Spain seems to have regulated its intercourse with America. Instead of furnishing the colonies with European goods in such quantity as might render both the price and the profit moderate, the merchants of Se- ville and Cadiz seem to have supplied them with a sparing hand, that the eagerness of competition, amongst customers obliged to purchase in a scanty mai'ket, might enable the Spanish factors to dispose of their cargoes with exorbitant gain. About the middle of the last century, when the exclusive trade to America from Seville was in its most flourishing state, the burden of the two united squadrons of the Galeons and Flota did not exceed twenty-seven thou- THE HISTORY OF AMERICA. 197 sand five hundred tons. The supply which such a fleet could carry must have been very inadequate to the demands of those "populous and extensive colo- nies, which depended upon it for all the luxuries and many of the necessaries of life. Spain early became sensible of her declension from her former prosperity ; and many respectable and virtuous citizens employed their thoughts in de- vising methods for reviving the decaying industry and commerce of their country. From the violence of the remedies proposed, we may judge how des- perate and fatal the malady appeared. Some, con- founding a violation of police with criminality against the state, contended that, in order to check illicit commerce, every person convicted of carrying it on should be punished with death, and confiscation of all his effects. Others, forgetting the distinction between civil offences and acts of impiety, insisted that contraband trade should be ranked among the crimes reserved for the cognizance of the inquisi tion ; that such as were guilty of it might be tried and punished, according to the secret and summary form in which that dreadful tribunal exercises its jurisdiction. Others, uninstructed by observing the pernicious effects of monopolies in every country where they have been established, have proposed to vest the trade with America in exclusive companies, which interest would render the most vigilent guardians of the Spanish commerce against the en- croachment of the interlopers. Besides these wild projects, many schemes, better digested and more beneficial, were suggested. But, under the feeble monarchs with whom the reign of the Austrian line in Spain closed, incapacity and indecision are conspicuous in every department of government. Instead of taking for their model the active administration of Charles V., they affected to imitate the cautious procrastinating wisdom of Philip II. ; and destitute of his talents, they deli- berated perpetually, but determined nothing. No remedy was applied to the evils under which the national commerce, domestic as well as foreign, lan- guished. These evils continued to increase; and Spain, with dominions more extensive and more opulent than any European state, possessed neither vigour, nor money, (189) nor industry. At length, the violence of a great national convulsion roused the slumbering genius of Spain. The efforts of the two contending "parties in the civil war, kindled by the dispute concerning the succession of the crown .it the beginning of this century, called forth in some degree the ancient spirit and vigour of the nation. While men were thus forming, capable of adopting sentiments more liberal than those which had in- fluenced the councils of the monarchy during the course of a century, Spain derived from an unex- pected source the means of availing itself of their talents. The various powers who favoured the pre- tensions either of the Austrian or Bourbon candi- date for the Spanish throne, sent formidable fleets and armies to their support : France, England, and Holland, remitted immense sums to Spain. These were spent, in the provinces which became the theatre of war. Part of the American treasure, of which foreigners had drained the kingdom, flowed back thither. From this aera, one of the most intelligent Spanish authors dates the revival of the monarchy ; and however humiliating the truth may be, he ac- knowledges, that it is to her enemies his country is indebted for the acquisition of a fund of circulating specie, in somo measure adequate to the exigencies of the public. As soon as the Bourbons obtained quiet possession of the throne, they discerned this change in the spirit of the people, and in the state of the nation, and took advantage of it ; for although that family uis not given monarchs to Spain remarkable for su- periority of genius, they have all been beneficent irinces, attentive to the happiness of their subjects, and solicitous to promote it. It was, accordingly, ^he first object of Philip V. to suppress an iunova- ion which had crept in during the course of the war, and had overturned the whole system of the Spanish commerce with America. The English and Dutch, >y their superiority in naval jiower, having acquired such command of the sea as to cut off all intercourse between Spain and her colonies, Spain, in order to Burnish her subjects in America those necessaries of ife without which they could not exist, and as the only means of receiving from thence any part of heir treasure, departed so far from the usual rigour of its maxims, as to open the trade with Peru to her allies the French. The merchants of St. Malo, to whom Louis XIV. granted the privilege of this lu- crative commerce, engaged in it with vigour, and carried it on upon principles very different from ;hose of the Spaniards. They supplied Peru with European commodities at a moderate price, and not n stinted quantity. The goods which they imported were conveyed to every province of Spanish Ame- rica, in such abundance as had never been known in any former period. If this intercourse had been continued, the exportation of European commodities from Spain must have ceased, and the dependence of the colonies on the mother-country have been at an end. The most peremptory injunctions were therefore issued, prohibiting the admission of foreign vessels into any port of Peru or Chili, and a Spanish squadron was employed to clear the South sea of in- truders, whose aid was no longer necessary. But though, on the cessation of the war which was terminated by the treaty of Utrecht, Spain ob- tained relief from one encroachment on her com- mercial system, she was exposed to another which she deemed hardly less pernicious. As an induce- ment that might prevail with queen Anne to con- clude a peace, which France and Spain desired with equal ardour, Philip V. not only conveyed to Great Britain the Assiento, or contract for supplying the Spanish colonies with negroes, which had formerly been enjoyed by France, but granted it the more extraordinary privilege of sending annually to the fair of Porto-bcllo, a ship of five hundred tons, laden with European commodities. In consequence of this, British factories were established at Carthagena, Panama, Vera Cruz, Buenos Ayres, and other Spanish settlements. The veil with which Spain had hitherto covered the state and transactions of her colonies was removed. The agents of a rival nation, residing in the towns of most extensive trade, and of chief resort, had the best opportunities of becom- ing acquainted with the interior condition of the American provinces, of observing their stated and occasional wants, and of knowing what commodities might be imported into them with the greatest ad- vantage. In consequence of information so authentic and expeditious, the merchants of Jamaica and other English colonies who traded to the Spanish main, were enabled to assort and proportion their cargoes so exactly to the demands of the market, that the contraband commerce was carried on with a facility and to an extent unknown in any former period. This, however, was not the most fatal con- sequence of the Assiento to the trade of Spain. The 198 THE HISTORY OF AMERICA. agents of the British South sea company, under cover of the importation which they were authorized to make by the ship sent annually to Porto-bello, poured in their commodities on the Spanish conti- nent without limitation or restraint. Instead of a ship of five hundred tons, as stipulated in the treaty, they usually employed one which exceeded nine hundred tons in burthen. She was accompanied by two or three smaller vessels, which, mooring in some neighbouring creek, supplied her clandestinely with fresh bales of goods to replace such as were sold. The inspectors of the fair, and officers of the revenue, gained by exorbitant presents, connived at the i'raud (190). Thus, partly by the operations of the company, and partly by the activity of private in- terlopers, almost the whole trade of Spanish America was engrossed by foreigners. The immense com- merce of the Galeons, formerly the pride of Spain, and the envy of other nations, sunk to nothing ; and the squadron itself, reduced from fifteen thousand to two thousand tons, served hardly any purpose but to fetch home the royal revenue arising from the fifth on silver. While Spain observed those encroachments, and felt so sensibly their pernicious effects, it was impos- sible not to make some effort to restrain them. Her first expedient was to station ships of force, under the appellation of Guarda costas, upon the coasts of those provinces to which interlopers most fre- quently resorted. As private interest concurred with the duty which they owed to the public, in rendering the officers who commanded those vessels vigilant and active, some check was given to the progress of the contraband trade, though in dominions so ex- tensive, and so accessible by sea, hardly any number of cruisers was sufficient to guard against its inroads in every quarter. This interruption of an intercourse which had been carried on with so much facility, that the merchants in the British colonies were ac- .customed to consider it almost as an allowed brand .of commerce, excited murmurs and complaints These, authorized in some measure, and renderet more interesting by several unjustifiable acts of vio- lence committed by the captains of the Spanish Guarda costas, precipitated Great Britain into a war with Spain ; in consequence of which, the latter ob- tained a final release from the Assiento, and was lef at liberty to regulate the commerce of her colonie without being restrained by any engagement with ; foreign power. As the formidable encroachments of the English on their American trade, had discovered to th< Spaniards the vast consumption of European good in their colonies, and taught them the advantage o accommodating their importations to the occasiona demand of the various provinces, they perceived th necessity of devising some method of supplying thei colonies, different from their ancient one of sendin thither periodical fleets. That mode of communica tion had been found not only to be uncertain, as th departure of the Galeons and Flota was sometime retarded by various accidents, and often preveute by the wars which raged in Europe ; but long expe rience had shown it to be ill adapted to afford Ame rica a regular and timely supply of what it wantec The scarcity of Europern goods in the Spanish se tlements frequently became excessive ; their pric rose to an enormous height; the vigilant eye o mercantile attention did not fail to observe this fi vourable opportunity ; an ample supply was pourc in by interlopers from the English, the French, an Dutch islands; and when the Galeons at leng rrived, they found the markets so glutted by this licit commerce, that there was no demand for the ommodities with which they were loaded. In order remedy this, Spain has permitted a considerable art of her commerce with America to be carried on y register sliips. These are fitted out during the itervals between the stated seasons when the Ga- :ons and Flota sail, by merchants in Seville or adiz, upon obtaining a licence from the council of le Indies, for which they pay a very high premium, nd are destined for those ports in America where ny extraordinary demand is foreseen or expected, y this expedient, such a regular supply of the com- modities for which there is the greatest demand is mveyed to the American market^ that the interloper no longer allured by the same prospect of exces- ive gain, or the people in the colonies urged by the ame necessity, to engage in the hazardous adven- ures of contraband trade. In proportion as experience manifested the advan- dges of carrying on trade in this mode, the number f register ships increased ; and at length, in the ear 1748, the Galeons, after having been employed ipwards of two centuries, were finally laid aside. <>om that period there has been no intercourse with hili and Peru but by single ships despatched from ime to time, as occasion requires, and when the ncrchants expect a profitable market wiD open, ["hose ships sail round cape Horn, and convey di- ectly to the ports in the South sea the productions ind manufactures of Europe, for which, the people ettled in those countries were formerly obliged to epair to Porto-bello or Panama. These towns, as las been formerly observed, must gradually decline, vhen deprived of that commerce to which they owed .heir prosperity. This disadvantage, however, is more than compensated by the beneficial effects of ,his new arrangement, as the whole continent of South America receives new supplies of European commodities with so much regularity, and in such Abundance, as must not only contribute greatly to the happiness, but increase the population, of all the colonies settled there. But, as all the register ships destined for the South seas must still take their de- parture from Cadiz, and are obliged to return thither, :his branch of the American commerce, even in its new and improved form, continues subject to the restraints of a species of monopoly, and feels those pernicious effects of it which I have already des- cribed. Nor has the attention of Spain been confined to regulating the trade with its more flourishing colo- nies ; it has extended likewise to the reviving com- merce in those settlements where it was neglected, or had decayed. Among the new tastes which the people of Europe have acquired, in consequence of importing the productions of those countries which they conquered in America, that for chocolate is one of the most universal. The use of this liquor, made with a paste formed of the nut or almond of the cacao-tree, compounded with various ingredients, the Spaniards first learned from the Mexicans; and it has appeared to them, and to the other European nations, so palatable, so nourishing, and so whole- some, that it has become a commercial article of con- siderable importance. The cacao-tree grows spon- taneously in severaJ parts of the torrid zone; but the nuts of the best quality, next to those of Guatimala on the South sea, are produced in the rich plains of Caraccas, a province of T'erra Firme. In conse- quence of this acknowledge^ superiority in the qua- lity of cacao in that province, and its communication THE HISTORY OF AMERICA. 199 with the Atlantic, which facilitates the conveyance to Europe, the culture of the cacao there is more extensive than in any district of America. But the Dutch, by the vicinity of their settlements in the small islands of Curazoa and Bucn Ayrc, to the coast of Caraccas, gradually engrossed the greatest part of the cacao trade. The traffic with the mother- country for this valuable commodity ceased almost entirely; and such was the supine negligence of the Spaniards, or the defects of their commercial arrang- ments, that they were obliged to receive from the hands of foreigners this production of their own colonies, at an exorbitant price. In order to remedy an evil no less disgraceful than pernicious to,his sub- jects, Philip V., in the year 1728, granted to a body of merchants an exclusive right to the commerce with Caraccas and Cumana, on condition of their employing, at their own expense, a sufficient num- ber of armed vessels to clear the coast of interlopers. This society, distinguished sometimes by the name of the company of Guipuscoa, from the province of Spain in which it is established, and sometimes by that of the company of Caraccas, from the district of America to which it trades, has carried on its operations with .such vigour and success, that Spain has recovered an important branch of commerce which she had suffered to be wrested from her, and is plentifully supplied with an article of extensive consumption at a moderate price. Not only the parent state, but the colony of Caraccas, has derived great advantages from this institution ; for although, at the first aspect, it may appear to be one of those monopolies whose tendency is to check the spirit of industry, instead of calling it forth to new exertions, it has been prevented from operating in this manner by several salutary regulations framed upon foresight of such bad effects, and of purpose to obviate them. The planters in the Caraccas are not left to depend entirely on the company, either for the importation of European commodities or the sale of their own productions. The inhabitants of the Canary Islands have the privilege of sending thither annually a register ship of considerable burthen ; and from Vcra Cruz, in New Spain, a free trade is permitted in every poll comprehended in the charter of the com- pany. In consequence of this, there is such a com- petition, that both with respect to what the colonies purchase and what they sell, the price seems to be fixed at its natural and equitable rate. The com- pany has not the power of raising the former, or of degrading the latter, at pleasure; and accordingly, since it was established, the increase of culture, of population, and of live stock, in the province of Caraccas, has been very considerable (191). But as it is slowly that nations relinquish any sys tern which time has rendered venerable, and as it is still more slowly that commerce can be diverted from the channel in which it has long been accustomed to flow, Philip V., in his new regulations concerning the American trade, paid such deference to the an- cient maxim of Spain, concerning the limitation of all importation from the New World to one harbour, as to oblige both the register-ships which returned from Peru, and those of the Guipuscoan company or commerce of nations, the errors and defects of the Spanish system with respect to both meet every eye, and have not only been exposed with severity, but are held up as a warning to other states. The Spaniards, stung with the reproaches of these authors, or convinced by their arguments, and admonished by several enlightened writers of their own country, seem at length to have discovered the destructive tendency of those narrow maxims, which, by cramp- ing commerce in all its operations, have so long re- tarded its progress. It is to the monarch now on the throne that Spain is indebted for the first, public re- gulation, formed in consequence of such enlarged ideas. While Spain adhered with rigour to her ancient maxim concerning her commerce with America, she was so much afraid of opening any channel by which an illicit trade might find admission into the colonies, that she almost shut herself out from any intercourse with them, but that which was carried on by her annual fleets. There was no establishment, for'a re- gular communication of cither public or private in- telligence, between the mother-country and its Ameri- can settlements. From the want of this necessary insti j tution, the operations of the state, as well as the business of individuals, were retarded, or conducted unskilfully, and Spain often received from foreigners her first information with respect to very interesting events in her own colonies. But though this defect in police was sensibly felt, and the remedy for it was obvious, that jealous spirit with which the Spanish monarchs guarded the exclusive trade, restrained them from applying it. At length, Charles III. sur- mounted those considerations which had deterred his predecessors, and in the year 1764, appointed packet- boats to be despatched on the first day of each month from Corugna to the Havanna or Porto Rico. From thence, letters ?re conveyed in small vessels to Vera Cruz and Portobello, and transmitted by post through the kingdoms of Tierra Firme, Granada, Peru, and New Spain. With no less regularity, packet-boats sail once in two months to Rio de la Plata, for the accommodation of the provinces to the east of the Andes. Thus provision is made for a speedy and eertv'n circulation of intelligence throughout the vast dominions of Spain, from which equal advantages, must redound to the political and mercantile interest of the kingdom. With this new arrangement, a scheme of extending commerce has been more im- mediately connected. Each of the packet-boats, which are vessels of some considerable burden, is al- lowed to take in half a loading of such commodities as are the product of Spain, and most in demand in the ports, whither they are bound. In return for these, they may bring home to Corugna an equal quantity of American productions. This may be considered as the first relaxation of those rigid laws which confined the trade with the New World to a single port, and the first attempt to admit the rest of the kingdom to some share in it. It was soon followed by one more decisive. In the year 1765, Charles III. laid open the trade to the windward islands, Cuba, Hispaniola, Porto-Rico, Margarita, and Tiiuidad, to his subjects in every from Caraccas, to deliver their cargoes in the port of | province of Spain. He permitted them to sail from Cadiz. Since his reign, sentiments more liberal and certain ports in each province, which are spacified in enlarged begin to spread in Spain. The spirit of the edict, at any season and with whatever cargo philosophical inquiry, which it is the glory of the they deemed most proper, without any other warrant present age to have turned from frivolous or abstruse than a simple clearance from the custom-house of speculations to the business and affairs of men, has the place whence they take their departure. He re- extended its influence beyond the Pyrenees. In the leased them from the numerous and oppressive duties researches of ingenious authors concerning the police imposed on goods exported to America, and in place 200 THE HISTORY OF AMERICA of the whole, substituted a moderate tax of six in the hundred on the commodities sent from Spain. He allowed them to return either to the same port, or to any other where they might hope for a more advan- tageous market, and there to enter the homeward cargo on payment of the usual duties. This ample privilege, which at once broke through all the fences which the jealous policy of Spain had been labour- ing for two centuries and a half to throw round its commercial intercourse with the New World, was soon after extended to Louisiana, and to the pro- vinces of Yucatan and Campeachy. The propriety of this innovation which may be considered as the most liberal effort of Spanish legislation, has ap- peared from its effects. Prior to the edict in favour of the free trade, Spain derived hardly any benefit from its neglected colonies in Hispaniola, Port Rico, Margarita, and Trinidad. Its commerce with Cuba was inconsiderable, and that of Yucatan and Cam- peachy was engrossed almost entirely by interlopers. But as soon as a general liberty of trade was per- mitted, the intercourse with those provinces revived, and has gone on with a rapidity of progression of which there are few examples in the history of na- tions. In less than ten years, the trade of Cuba has been more than tripled. Even in those settlements where, from the languishing state of industry, greater efforts were requisite to restore its activity, their com- merce has been doubled. It is computed, that such a number of ships is already employed fa the free trade, that the tonnage of them far exceeds that of the Galeons and Flota at the most nourishing sera of their commerce. The benefits of this arrangement are not confined to a few merchants established in a favourite port. They are diffused through every province of the kingdom; and, by opening a new market for their various productions and manafac- tures, must encourage and add vivacity to the in dustry of the fanner and artificer. Nor does the king- dom profit only by what it exports ; it derives ad- vantage likewise from what it receives in return, and has the prospect of being soon able to supply itself with several commodities of extensive consumption, for which it formerly depended on foreigners. The consumption of sugar in Spain is perhaps as great, in proportion to the number of its inhabitants, as that, of any European kingdom. But though possessed of countries in the New "World whose soil and cli- mate are most proper for rearing the sugar cane ; though the domestic culture of that valuable plant in the kingdom of Granada was once considerable ; such has been the fatal tendency of ill-judged institutions in America, and such the pressure of improper taxes in Europe, that Spain has lost almost entirely this branch of industry, which has enriched other nations. This commodity, which has now become an article of primary necessity in Europe, the Spaniards were obliged to purchase of foreigners, and had the morti- fication to see their country drained annually of great sums on that account. But, if that spirit which the permission of free trade has put in motion shall per- severe in its efforts with the same vigour, the culti- vation of sugar in Cuba and Porto Rico, may in- crease so much, that in a few years it is probable that their growth of sugars may be equal to the demand of the kingdom. Spain has been induced, by her experience of the beneficial consequences resulting from having re- laxed somewhat of the rigour of her ancient laws with respect to the commerce of the mother-country with the colonies, to permit a more liberal intercourse jf one colony with another. By one of the jealous j maxims of the old system, all the provinces situated on the South seas were prohibited, under the most severe penalties, from holding any communication with one another. Though each of these yields peculiar productions, the reciprocal exchange of which might have added to the happiness of their respective inhabitants, or have facilitated their pro- gress in industry, so solicitious was the council of the Indies to prevent their receiving any supply of their wants but by the periodical fleets from Europe, that in order to guard against this, it cruelly de- barred the Spaniards in Peru, in the southern pro- vinces of New Spain, in Guatimala, and the new- kingdom of Granada, from such a correspondence with their fellow-subjects as tended manifestly t<> their mutual prosperity. Of all the numerous re- strictions devised by Spain for securing the exclu- sive trade with her American settlements, nono perhaps was more illiberal, none seems to have been more sensibly felt, or to have produced more hurtful effects. This grievance, coeval with the settlements of Spain in the countries situated on the Pacific ocean, is at last redressed. In the year 1774, Charles III. published an edict, granting to the four great provinces which I have mentioned the privilege of a free trrde with each other ( 192). What may be the effects of opening this communi- cation between countries destined by their situation for reciprocal intercourse, cannot yet be determined by experience. They can hardly fail of being bene- ficial and extensive. The motives for granting this permission are manifestly no less laudable, than the principle on which it is founded is liberal ; and both discover the progress of a spirit in Spain, far elevated above the narrow prejudices and maxims on which her system for regulating the trade and conducting the government of her colonies was originally founded. At the same time that Spain has been intent on introducing regulations, suggested by more enlarged views of policy into her system of American com- merce, she has" not been inattentive to the interior government of her colonies. Here, too, there was much room for reformation and improvement, and Don Joseph Galvez, who has now the direction of the department for Indian affairs in Spain, has en- joyed the best opportunities, not only of observing the defects and corruption in the political frame of the colonies, but of discovering the sources of those evils. After being employed seven years in the New- World on an extraordinary mission, and with very extensive powers, as inspector-general of New Spain; after visiting in person the remote provinces of Cina- loa, Sonora, and California, and making several im- portant alterations in the state of the police and revenue ; he began his ministry with a general re- formation of the tribunals of justice in America. In consequence of the progress of population and wealth in the colonies, the business of the courts of audi- ence has increased so much, that the number of judges of which they were originally composed has been found inadequate to the growing labours and duties of the office, and the salaries settled upon them have been deemed inferior to the dignity of the station. As a remedy for both, he obtained a royal edict, establishing an additional number of judges in each court of audience, with higher titles, and more ample appointments. To the same intelligent minister Spain is indebted for a new distribution of government in its American provinces. Even since the establishment of a third viceroyaltyin the new kingdom of Granada, so great i ; THE HISTORY OF AMERICA. the extent of the Spanish dominions in the New World, ; pressed by the languor and feebleness natural to that several places subject to the jurisdiction of each j provinces which compose the extremities of an over- viceroy, were at such an enormous distance from the : grown empire, may be animated with vigour and capitals in which they resided, that neither their at- activity when brought so near the seat of power as to tendon nor their authority could reach so far. Some ! feel its invigorating influence. provinces subordinate to the viceroy of New Spain lay about two thousand miles from Mexico. There Such, since the accession of the princes of the house of Bourbon to the throne of Spain, has been were countries subject to the viceroy of Peru still | the progress of their regulations, and the gradual further from Lima. The people in those remote j expansion of their views with respect to the corn- districts, could hardly be said to enjoy the benefit of j merce and government of their American colonies, civil government. The oppression and insolence t5f j Nor has their attention been so entirely engrossed its inferior ministers they often feel, and rather sub- by what related to the more remote parts of their mit to these in silence, than involve themselves in the expense and trouble of resorting to the distant capitals, where alone they can rind redress. As a remedy for this, a fourth viceroyalty has been erected, to the jurisdiction of which are subjected the pro- dominions, as to render them neglectful of what was still more important the reformation of domestic policy. Fully sensible of the declension of Spain from her errors and defects in causes to which the pain former prosperity ought to be imputed, they have 1 i i , / , i i viuces of Rio de la Plata, Buen J . . .1 . i.. , i J- has been raised to this new dignity, with appoint- j jealousy, for reviving their own industry, and di?- ments equal to those of the other viceroys, is well j countenancing that of other nations. These, how- acquainted both with the state and the interest of! ever, it is not my province to explain, or to inquire the countries over which he is to preside, having | into their propriety and effects, There is no effort, served in them long, and with distinction. By this j of legislation more arduous, no experiment in policy dismemberment, succeeding that which took place at [ more uncertain, than an attempt to revive the spirit the erection of the viceroyalty of the new kingdom of Granada, almost two-third parts of the territoric originally subject to the vicerovs of Peru are now lopped off from their jurisdiction. The limits of the viceroyalty of New Spain have likewise been considerably circumscribed, and with no less propriety and discernment. Four of its most remote provinces, Sonora, Cinaloa, California, and New Navarre, have been formed into a separate government. The Chevalier de Croix, who is in- trusted wuth. this convnand, is not dignified with the title of viceroy, nor does he enjoy the appointments belonging to that rank; but his jurisdiction is alto- gether independent on the viceroyalty of New Spain. The erection of this last government seems to have been suggested not only by the consideration of the remote situation of those provinces from Mexico, but by attention to tho late discoveries made there which I have mentioned. Countries containing the richest mines of gold that have hitherto been dis- covered in the New World, and which probably nvay rise into great importance, required tho imme- diate inspection of a governor to whom they should be specially committed. As every consideration of duty, of interest, and of vanity, must concur in prompting those new governors to encourage such exertions as tend to diffuse opulence and prosperity through the provinces committed to their charge, the beneficial effects of this arrangement may le considerable. Many districts in America, long dc- THK HISTORY OF AJIEJUCA. No. 26. . more of industry where it has declined, or to introduce it where it is unknown. Nations, already possessed of extensive commerce enter into competition with such advantages, derived from the large capitals ant 1 extensive credit of their merchants, the dexterity of their manufacturers, and the alertness acquired by habit in every department of business, that the state which aims at rivalling or supplanting them, must expect to struggle with many difficulties, and be content to advance slowly. If the quantity of pro- ductive industry, now in Spain, be compared with that of the kingdom under the last listless monarchs of the Austrian line, its progress must appear con siderable, and is sufficient to alarm the jealousy, and to call forth the most vigorous efforts, of tho nations now in possessi ion of the lucrative trade which .the -Spaniards aim at wresting from them .^ One circumstance may render those exertions of Spain an object of more serious attention to thr other European powers. They are not to be ascrib- d wholly to the influence of the crown and its minis- ters. The sentiments and spirit of the people socra to second the provident care of their monarchs, and to give it greater effect. The nation has adopted more liberal idoas, not only with respect to corn- me-ce but domestic policy. In all the later Spanish writors, defects in the arrangements of their country Concerning both are acknowledged, and remedies proposed, which ignorance rendered their ancestors incapable of discerning, and pride would uot luvo 2D 202 THE HISTORY OF AMERICA. allowed them tu confess (1^3). But after all that the Spaniards have done, much remains to do. Many pernicious institutions and abuses, deeply incorpo- rated with the system of internal policy and tax- ation which has been long established in Spain, must be abolished before industry and manufac- turers can recover an extensive activity. Still, however, the commercial regulations of Spain with respect to her colonies are too rigid and systematical to be carried into complete execution. The legislature that loads trade with impositions too heavy, or fetters it by restrictions too severe, defeats its own intention, and is only multiplying the in- ducements to violate its statutes, and proposing a high premium to encourage illicit traffic. The Spa- niards, both in Europe and America, being circum- scribed in their mutual intercourse by the jealousy of the crown, or oppressed by its exactions, have their invention continually on the stretch how to elude its edicts. The vigilance and ingenuity of private interest discover means of effecting this, which public wisdom cannot foresee, nor public au- thority prevent. This spirit, counteracting that of the laws, pervades the commerce of Spain with America in all its branches ; and from the highest departments in government descends to the lowest. The very officers appointed to check contraband trade are often employed as instruments in carrying it on ; and the boards instituted to restrain and punish it arc the channels through which it Hows. The king is supposed, by the most intelligent Spa- nish writers', to bo defrauded, by various artifices, of more than one-half of the revenue which he ought to receive from America ; and as long as it is the interest of so many persons to screen those artifices from detection, the knowledge of them will never reach the throne. " How many ordinances," says Corita, " how many instructions, how many letters from our sovereign, are sent in order to correct abuses ! and how little are they observed, and what small advantage is derived from them ! To me the old observation appears just, that where there arc many physicians and many medicines, there is a want of health ; where there are many laws and many judges, there is want of justice. We have viceroys, presidents, governors, oydors, corrigidors, alcaldes ; and thousands of al^uazils abound every -where ; but notwithstanding all these, public abuse's continue to multiply.** Time has increased the evils which he lamented as early as the reign of Philip II. A spirit of corruption has infected all the co- lonies of Spain in America. Men far removed from the seat of government; impatient to acquire wealth, that they may return speedily from what they are apt to consider as a state of exile in a re- mote unhealthful country ; allured by opportunities too tempting to be resisted, and seduced by the ex- ample of those around them ; find their sentiments of honour and of duty gradually relax. In private life they give themselves up to a dissolute luxury, while in their public conduct they become unmind- ful of what they owe to their sovereign and to their country. Before I close this account of the Spanish trade in America, there remains one detached but import- ant branch of it to be mentioned. Soon after his accession to the throne, Philip II. formed a scheme of planting a colony in the Philippine islands which had been neglected since the time of their disco- very ; and he accomplished it by means of an arma- ment fitted out from New Spain. Manila, in the island of Luconia, was the station chosen for the capital of this new establishment. From it an activ commercial intercourse began with the Chinese, and a considerable number of that industrious people, allured by the prospect of gain, settled in the Phi- lippine islands under the Spanish protection. They supplied the colony so amply with all the valuable productions and manufactures of the East, as enabled it to open a trade with America, by a course of navi- gation the longest from land to land on our globe. In the infancy of this trade, it was carried on with Callao, on the coast of Peru ; but experience having discovered the impropriety of fixing upon that as the port of communication with Manila, the staple of the commerce between the east and west was re- moved 'from Callao to Acapulco, on the coast of New Spain. After various arrangements, it has been brought into a regular form. One or two ships depart an- nually from Acapulco, which are permitted to carry out silver to the amount of five hundred thousand pesos ; but they have hardly any thing else of value on board ; in return for which, they bring back spi- ces, drugs, china and japan wares, calicoes, chintz, muslins, silks, and every precious article with which the benignity of the climate, or the ingenuity of its people, has" enabled the East to supply the rest of the world. For some time the merchants of Peru wjrc admitted to participate in this traffic, and might send annually a _ship to Acapulco, to wait the arri- val of the vessels from Mauila, and receive a pro- portional share of the commodities which they im- ported. At length the Peruvians were excluded from this trade by most rigorous edicts, and all the commodities from the East reserved solely for the consumption of New Spain. In consequence of this indulgence, the inhabitants of that country enjoy advantages unknown in the other Spanish colonies. The manufactures of the East are not only more suited to a warm climate, and more showy than those of Europe, but can be sold at a lower price ; while, at the same time, the profits upon them are so considerable as to enrich all those who are employed either in bringing them from Manila or vending them in New Spain. As the interest both of the buyer and seller concurred in favouring this. branch of commerce, it has con- tinued to extend in spite of regulations concerted with the most anxious jealousy to circumscribe it. Under cover of what the laws permit to be imported* great quantities of Indian goods are poured into the markets of New Spain (194) ; and when the Flota arrives at Vera Cruz from Europe, it often finds the wants of the people already supplied by cheaper and more acceptable commodities. There is not, in the commercial arrangements of Spain, any circumstance more inexplicable than the permission of this trade between New Spain and the Philippines, or more repugnant to its fundamental maxim of holding the colonies in perpetual depen- dence on the mother-country, by prohibiting any commercial intercourse that might suggest to them the idea of receiving a supply of their wants from any other quarter. This permission must appear still more extraordinary, from considering that Spain herself carries on no direct trade with her settle- ments in the Philippines, and grants a privilege to one of her American colonies which she denies to her subjects in Europe. It is probable, that the colonists who originally took possession of the Phi- lippines, having been sent out from New Spain, be- gun this intercourse with a country which they con- side re 1, in some measure, as their parent state, THE HISTORY OF AMERICA. 203 before the court of Madrid was aware of its conse- quences, or could establish regulations in order to prevent it. Many remonstrances have been^ pre- sented against this trade, as detrimental to Spain, by diverting into another channel a large portion of that treasure which ought to flow into the kingdom, as tending to give rise to a spirit of independence in the colonies, and to encourage innumerable frauds, against which it is impossible to guard, in transactions so far removed from the inspection of government. But as it requires no slight effort of political wisdom and vigour to abolish any practice which numbers are interested in supporting, and to which time has added the sanction of its authority, the commerce between New Spain and Manila seems to be as considerable as ever, and may be considered as one chief cause of the elegance and splendour conspicuous in this part of the Spanish dominions. But notwithstanding this general corruption in the colonies of Spain, and the diminution of the in- come belonging to the public occasioned by the illicit importations made by foreigners, as well as by the various frauds of which the colonists themselves are guilty in their commerce with the parent state, the Spanish monarchs receive a very considerable revenue from their American dominions. This arises from taxes of various kinds, which may be divided into three capital branches. The first contains what is paid to the king, as sovereign, or superior lord of the New World : to this class belongs the duty on the gold and silver raised from the mines, and the tribute exacted from the Indians ; the former is termed by the Spaniards the riyht ofsiyn iory, the latter is the duty of vassalage. The second branch comprehends the numerous duties upon commerce, which accompany and oppress it in every step of its progress, from the greatest transactions of the whole- sale merchant, to the petty traffic of the vender by retail. The third includes what accrues to the king, as head of the church, and administrator of eccle- siastical funds in the New World. In consequence of this, he receives the first-fruits, annates, spoils, and other spiritual revenues, levied by the apostolic chamber in Europe ; and is entitled likewise, to the profit arising from the sale of the bull of Cruzado. This bull, which is published every two years, con- tains an absolution from past offences by the pope, and among other immunities, a permission to eat several kinds of prohibited food during Lent, and on meagre days. The monks employed in dispers- ing those bulls, extol their virtues with oil the fer- vour of interested eloquence ; the people, ignorant and credulous, listen with implicit assent ; and every person in the Spanish colonies, of European, Cre- olian, or mixed race, purchases a bull, which is deemed essential to his salvation, at the rate se upon it by government (195). What may be the amount of those various funds it is almost impossible to determine with precision The extent of the Spanish dominions in America the jealousy of government, which renders them inaccessible to foreigners, the mysterious silence which the Spaniards are accustomed to observe with respect to the interior state of their colonies, combine in covering this sxibject with a veil which it is no easy to remove. But an account, apparently no less accurate than it is curious, has lately been published of the royal revenue in New Spain, from which w( may form some idea with respect to what is collected in the other provinces. According to that account thft crown does not receive from ?.ll the departments of taxation in New Spain above a million of ou money, from which one half must be deducted at the xpense of the provincial establishment (196). Peru, t is probable, yields a sum not inferior to this ; and f we suppose that all the other regions of America, ncluding the islands, furnish a third share of equal r'aluo, we shall not perhaps be far wide from the ruth if we conclude that the net public revenue of Spain, raised in America, does not exceed a million and a half sterling. This falls far short of the im iiense sums to which suppositions, founded upon Conjecture, have raised the Spanish revenue in America (197). It is remarkable, however, upon one account : Spain and Portugal are the only European lowers who derive a direct revenue from their colo lies. All the advantage that accrues to other na- ;ions from their American dominions, arises from :he exclusive enjoyment of their trade : but beside ;his, Spain has brought her colonies to contribute :owards increasing the power of the state, and, in return for protection, to bear a proportional share of he common burden. Accordingly, the sum which I have computed to be the amount of the Spanish revenue from America, arises wholly from the taxes collected there, and is far from being the whole of what accrues to the king from his dominions in the New World. The heavy duties imposed on the commodities exported from Spain to America (198), as well- as what is paid by those which she sends home in return ; the tax upon the nogro slaves with which Africa supplies the New World, together with several smaller branches of finance, bring large sums into the treasury, the pre- cise extent of which I cannot pretend to ascertain. But if the revenue which Spain draws from Ame- rica be great, the expense of administration in her colonies bears proportion to it. In c very > depart- ment, even of her domestic police and finances, Spain has adopted a system more complex and more encumbered with a variety of tribunals and a multi- tude of officers, than that of any European nation in which the sovereign possesses such extensive power. From the jealous spirit with which Spain watches over her American settlements, and her en- deavours to guard against fraud in provinces so remote from inspection, boards and officers have been multiplied there with still more anxious attention. In a country where the expense of living is great, the salaries allotted to every person in public office must be high, and must load the revenue with an immense burden. The parade of government ^really augments the weight of it. -The viceroys ot Mexico, Peru, and the new kingdom of Granada, as representatives of the king's person, among people fond of ostentation, maintain all the state and dig- nity of royalty. Their courts are formed upon the model of that of Madrid, with horse and foot-guards, a household regularly established, numerous attend- ants, and ensigns of power, displaying such pomp as hanlly retains the appearance of a delegated au- thority. All the expense incurred by supporting the external and permanent order of government is de- frayed by the crown. The viceroys have besides, peculiar appointments suited to their exalted station. The salaries fixed bylaw are indeed extremely mode- rate ; that of the viceroy of Peru is only thirty thou- sand ducats; and that of the viceroy of Mexico twenty thousand ducats. Of late they have been raised to forty thousand. These salaiies, however, constitute but a small part of the revenue enjoyed by the viceroys. The exer- cise of an absolute authority extending to every department of government, and the power of tu^ 204 THE HISTORY OF AMERICA posing of many lucrative offices, aft'ord them many opportunities of accumulating wealth. To these, which may be considered as legal and allowed emo- luments, large sums are often added by exactions, which, in countries so far removed from the seat of government, it is not easy to discover, and impossible to restrain. By monopolizing some branches of commerce, by a lucrative concern in others, by con- niving at the frauds of merchants, a viceroy may raise such an annual revenue as no subject of any Eu- ropean monarch enjoys (199). From the single article of presents made to him (fa the anniversary of his Name-day (which is always observed as a high festival), I am informed that a viceroy has been known to receive sixty thousand pesos. According to a- Spanish saying, the legal revenues of a viceroy- are unknown, his real profits depend upon his oppor- tunities and his conscience. Sensible of this, the kings of Spain, as I have formerly observed, grant a commission to their viceroys only for a few years. This circumstance, however, renders them often more rapacious, and adds to the ingenuity and ardour wherewith they labour to improve every moment of a power which they know is hastening fast to a pe- riod ; and short as its duration is, it ustially affords sufficient, time for repairing a shattered fortune, or for creating a new one. But even in situations so trying to human frailty, there are instances of virtue that remain unseduced. In the year 1772. the Mar- quis de Croix finished the term of his vice-royalty in New Spain with unsuspected integrity ; and, instead of- bringing home exorbitant wealth, returned with the admiration and applause of a grateful people, wKom his government had rendered happy. ADVERTISEMENT TO BOOKS IX. AND X. ; Containing tlie History of Virginia to the year 1688, and the Hittory of New England to the year 1652. THE original plan of my father, the late Dr. Robert- son, with respect to the history of America, compre- hended not only an account of the discovery of that country, and of the conquests and colonies of the Spaniards, but embraced also the history of the Bri- tish and Portuguese establishments in the New World, and of the settlements made by the several nations of Europe in the West India islands. It was his intention not to have published any part of the work until the whole was completed. In the Preface to his History of America, he has stated the reasons which induced him to depart from that resolution, and to publish the two volumes which contain an account of the discovery of the New World, and of the progress of the Spanish arms and colonies in that quarter of the globe. He says, "he had made some progress in the history of British America ;" and ho announces his intention to return to that part of his work', as soon as the ferment which at that time pre- vailed in the British colonies in America should sub- side, and regular government be re-established.- Various causes concurred in preventing him from fulfilling his intention. Duiing the course of a tedious illness, which he early foresaw would have a fatal termination, Dr. Robertson at different times destroyed many of his papers. But after his death I found that part of the history of British America which he had wrote many years before, and which is now offered to the public. It is written with his own hand, as all his works wore ; it is as c^efully corrected as any part qf his jruwitucrrpts which I have ever seen ; and he had thought it worthy of being preserved, as it escaped the flames to which so many other papers had been committed. I read it with the utmost attention ; but before I came to any resolution about the publication, I put the MS. into the hands of some of those friends whom my father used to consult on such occasions, as it would have been rashness and presumption in me to have trusted to my own partial decision. It was perused by some other persons also, in whose taste and judgment I have the greatest confidence; by all of them I was encouraged to offer it to the public, as a fragment curious and interesting in itself, and not inferior to any of my father's works When I determined to follow that advice, it was a circumstance of great weight with me, that as I never could think myself at liberty to destroy those papers, which my father had thought worthy of being pre- served, and as I could not know into whose hands they might hereafter fall, I considered it as certain that they would be published at some future period, when they might meet with an editor, who, not being actuated by the same sacred regard for the reputation of the author which I feel, might make alterations and additions, and obtrude the whole on the public as a genuine and authentic work. The MS. is now published, such as it was left by the author ; nor have I presumed to make any addition, alteration, or cor- rection whatever. WILLIAM ROIJKKTSON. Queen Street, EdinburyJi, April, 1796. BOOK IX. THE dominions of Great Britain in America arc next in extent to those of Spain. Its acquisitions there, are a recompcnce due to those enterprising talents which prompted the English to enter early on the career of discovery, and to pursue it with persever- ing ardour. England was the second natiwi that ventured to visit the New World. The account of Columbus's successful voyage filled all Europe with astonishment and admiration. But in England it did something more ; it excited a vehement desire of emulating the glory of Spain, and of aiming to ob- tain some share in those advantages which were expected in this new field opened to national acti- vity. The attention of the English court had been turned towards the discovery of unknown countries by its negotiation with Bartholomew Columbus. Henry VII. having listened to his propositions with a more favourable ear than could have been expected from a cautious, distrustful prince, averse by habit as well as by temper to new and hazardous projects, he was more easily induced to approve of a voyage for discovery, proposed by some of his own subjects, soon after the return of Christopher Columbus. But though the English had spirit to form the scheme, they had not at that period attained to such skill in navigation as qualified them for carrying it intq execution, From the inconsiderate ambition of its monarchs, the nation had long wasted its genius and activity in pernicious and ineffectual efforts to conquer France. When this ill-directed ardour began to abate, the fatal contest between the houses of York and Lancaster turned the arras of one-half of t^e kingdom against the other, and exhausted the vigour of both. During the course of two centuries, while industry and commerce were making gradual progress both in the south and north of Europe, the English continued so blind to the advantages of their own situation, that they hardly began to bend their thoughts towards those objects and pursuits to THE HISTORY OF AMERICA. 205 which they are indebted for their present opulence and power. While the trading vessels of Italy, Spain, and Portugal, as well as those of the Hans Towns, visited the most remote ports in Europe, and carried on an active intercourse with its various na- tions, the English did little more than creep along- their own coasts, in small barks, which conveyed the productions of one county to another. Their com merce was almost wholly passive. Their wants were supplied by strangers ; and whatever necessary or luxury of life their own country did not yield, was imported in foreign bottoms. The cross of St. George was seldom displayed beyond the precincts of the narrow seas. Hardly any English ship traded with Spain or Portugal, before the beginning of the fifteenth century ; and half a century more elapsed before the English mariners became so adventurous as to enter the Mediterranean. In this infancy of navigation, Henry could not commit the conduct of an armament destined to ex- plore unknown regions, to his own subjects. He invested Giovanni Gaboto, a Venetian adventurer who had settled in Bristol, with the chief command ; and issued a commission to him and his three sons, empowering them to sail under the banner of Eng- land, towards the east, north, or west, in order to discover countries unoccupied by any Christian state ; to take possession of them in his name, and to carry on an exclusive trade with the inhabitants, under condition of paying a fifth part of the free pro- fit on every voyage to the crown. This commission was granted on March 5th, 1495, in less than two vcars after the return of Columbus from America. But Cabot (for that is the name he assumed in Eng- land, and by which he is best known), did not sot out on his voyage for two years. He, together with his second son Sebastian, embarked at Bristol on board a ship furnished by the king, and was accom- panied by four small barks fitted out by the mer- chants of that city. As in that age the most eminent navigators, formed by the instructions of Columbus, or animated by his example, were guided by ideas derived from his superior knowledge and experience, Cabot had adopted the system of that great man concerning the probability of opening a new and shorter passage to the East Indies by holding a western course. The opinions which Columbus had formed with respect to the islands which he had discovered, were univer- sally received. They were supposed to lie conti- guous to the great continent of India, and to consti- tute a part of the vast countries comprehended under that general name. Cabot accordingly deemed it probable, that, by steering to the north-west, he might reach India by a shorter course than that which Columbus had taken, and hoped to fall in with the coast of Cathay, or China, of whose fertility and opulence the descriptions of Marco Polo had excited high ideas. After sailing for some weeks dae west, and nearly on the parallel of the port from which he took his departure, he discovered a large island, which he called Prima Vista, and his sailors New- foundland ; and in a few days he descried a smaller isle, to which he gave the name of St. John. He landed on both these, made some observations on their soil and productions, and brought off three of the natives. Continuing his course westward, he ;oon reached the continent of North America, and ailed along it from the fifty-sixth to the thirty-eighth egree of latitude, from the coast of Labrador to that ' Virginia. As his chief object was to discover some ilet that, might open a passage to the rvcst, it 1 docs not appear that he landed any where during this extensive run ; and he returned to England ' without attempting either settlement or conquest in any part of that continent. If it had been Henry's purpose to prosecute the j object of the commission given by him to Cabot, | and to take possession of the countries which he had ! discovered, the success of this voyage must have answered his most sanguine expectations. His sub- i jects were undoubtedly the first Europeans who had : visited that part of the American continent, and ! were entitled to whatever right of property prior dis I covery is supposed to confer. Countries, which | stretched in an uninterrupted course through such a ! large portion of the temperate zone, opened a pro- spect of settling to advantage under mild climates, | and in a fertile soil. But by the time that Cabot I returned to England, he found both the state of affairs and the king's inclination unfavourable to any | scheme the execution of which would have required ! tranquillity and leisure. Henry was involved in a war with Scotland, and his kingdom was not yet fully composed after the commotion excited by a for- midable insurrection of his own subjects in the west. An ambassador from Ferdinand of Arragon was then in London ; and as Henry set a high value upon the friendship of that monarch, for whose character he professes much admiration, perhaps from its simi- larity to-its own, and was endeavouring to strenghen their union by negociating the marriage which after- wards took place between his eldest son and the Princess Catherine, he was cautious of giving any offence to a prince jealous to excess of all his rights. From the position of the islands and continent which Cabot had discovered, it was evident that they lay within the limits of the ample donative, which the bounty of Alexander VI. had conferred upon Fer- dinand and Isabella. No person in that age ques- tioned the validity of a papal grant ; and Ferdinand was not of a temper to relinquish any claim to which he had a shadow of title. Submission to the au- thority of the pope, and deference for an ally whom he courted, seem to have concurred with Henry's own situation in determining him to abandon a scheme in which he had engaged with some degree of ardour and expectation. No attempt towards discovery was made in England during the remainder of his reign ; and Sebastian Cabot, finding no en- couragement for his active talents there, entered into the service of Spain. This is the most probable account of the sudden cessation of Henry's activity, after such success in his first essay as might have encouraged him to per severe. The advantages of commerce, as well as its nature, were so little understood in England about ! this period, that, by an act of parliament in the year | 1488, the taking of interest for the use of money ; was prohibited under severe penalties. And by ano- ther law, the profit arising from dealing in bills of exchange was condemned as savouring of usury. It is not surprising, then, that no great effort should be made to extend trade by a nation whose commer- cial ideas were still so crude and illiberal. But it is more difficult to discover what prevented this scheme of Henry VII. from being resumed during the reigns of his son and grandson ; and to give any reason why no attempt .was made, either to explore the northern continent of America more fully, or to settle in it. Henry VIII. was frequently at open enmity with Spain: the value of the Spanish ac- quisitions in America had become so well known, as might have excited his desire to qblain some footing 206 THE HISTORY OF AMERICA. in those opulent regions; and during a considerable j vast wealth th;it flowed into Portugal from its com- part of his reign, the prohibitions in a papal bull merce with those regions. The scheme was aecor- would not have restrained him from making en- dingly twice resumed under the long administration croachment upon the Spanish dominions. But the of Henry VIII., first, with some slender aid from reign of Henry was not favourable to the progress ! the king, and then by private merchants. Both of discovery. During one period of it, the active ' voyages were disastrous and unsuccessful. In the part which he took in the affairs of the continent, ! former, one of the ships was lost. In the latter, the and the vigour with which he engaged in the contest stock of provisions was so ill proportioned to the between the two mighty rivals, Charles V. and ' number of the crew, that, although they were but Francis I., gave full occupation to the enterprising six months at sea, many perished with hunger, and spirit both of the king and his nobility. During the survivors were constrained to support life by another period of his administration, his famous feeding on the bodies of their dead companions, controversy with the court of Rome kept the nation ; The vigour of a commercial spirit did not relax in in perpetual agitation and suspense. Engrossed by the reign of Edward VI. The great fishery on the those objects, neither the king nor the nobles had banks of Newfoundland became an object of atten- inclinatiou or leisure to turn their attention to new ' tion ; and, from some regulations for the encourage- pursuits ; and, without their patronage and aid, the ment of that branch of trade, it seems to have been commercial part of the nation was too inconsiderable prosecuted with activity and success. But 'the pros- to make any effort of consequence. Though Eug- pect of opening a communication with China and land, by its total separation from the church of , the Spice Islands, by some other route than round Rome, soon after the accession of Edward VI., dis- the Gape of Good Ilopc, slill continued to allure the claimed that authority which, by its presumptuous English more than any scheme of adventure. Cabot, partition of the globe between two favourite nations, ! whose opinion was deservedly of high authority in circumscribed the activity of every other state within whatever related to naval enterprise, warmly urged very narrow limits ; yet a feeble minority, distracted the English to make another attempt to discover this with faction, was not a juncture for forming schemes passage. As it had been thrice searched for in vain of doubtful success and remote utility. The bigotry by steering towards the north-west, he proposed that of Mary, and her marriage with Philip, disposed her a trial should now be made by the north-east; and to pay a sacred regard to that grant of the holy see, supported this advice by such plausible reasons and which vested in a husband, on whom she doted, an conjectures as excited sanguine expectations of suc- exclusive right to every part of the New World, cess. Several noblemen and persons of rank, to- Thus, through a singular succession of various causes, gether with some principal merchants, having asso- sixty-one years elapsed from the time that the ciatedfor this purpose, were incorporated, by a charter English discovered North America, during which from the king, under the title of The Company of their monarchs gave little attention to that country Merchant Adventurers for the Discovery of Regions, which was destined to be annexed to their crown, Dominions, Islands, and Places unknown. Cabot, and to be a chief source of its opulence and power, who was appointed governor of this company, soon But though the public contributed little towards fitted out two ships and a bavk, furnished with in- the progress of discovery, naval skill, knowledge of structions in his own hand, which discover the great commerce, and a spirit of enterprise, began to spread extent both of his naval skill and mercantile saga- among the English. During the reign of Henry VIII. city. several new channels of trade were opened, and Sir Hugh Willoughby, who was intrusted with private adventurers visited remote countries, with the command, stood directly northwards along the which England had formerly no intercourse. Some coast of Norway, and doubled the North Cape. But merchants of Bristol, having fitted out two ships for in that tempestuous ocean his small squadron was the southern regions of America, committed the con- separated in a violent storm. Willoughby's ship duct of them to Sebastian Cabot, who had quitted and the bark took refuge in an obseure harbour in the service of Spain. He visited the coasts of Bra- a desert part of Russian Lapland, where ho and all zil, and touched at the islands of Hispaniola and his companions were froxcn to death. Richard Puerto Rico ; and though this voyage seems not to Chancclour, the captain of the other vessel, was have been beneficial to the adventurers, it extended anorc fortunate ; he entered the White Sea, and the sphere of English navigation, and added to the wintered in safety at Archangel. Though no vessel national stock of nautical science. Though disap- of any, foreign nation had ever visited that quarter pointed in their expectations of profit in this first of the globe before, the inhabitants received their essay, the merchants were not discouraged. They new visitors with a hospitality which would havo sent, successively, several vessels from different ports done honour to a more polished people. The P^ngbsh towards the same quarter, and seem to have carried learned there that this was a province of a vast em- on an interloping trade in the Portuguese settlements pire, subject to the great duke or czar of Muscovy, with success. Nor was it only towards the west, that who resided in a great city twelve hundred miles the activity of the English was directed. Other from Archangel. Cliancelour, with a spirit becoming merchants began to extend their commercial views an ofliecr employed in an expedition for discovery, to tlio east; and by establishing a,n intercourse did not hesitate a moment about the part which he with several islands in the Archipelago, and with ought to take, and set out for that distant capital, some of the towns on the coast of Syria, they found On his arrival in Moscow, he was admitted to au- a new market for woollen cloths (the only mauufac- dicnce, and delivered a letter wh.ich the captain of ture which the nation had begun to cultivate), and cacli ship had received from Edward VI. for the so- supplied their countrymen with various productions vereign of whatever country they should discover of the East, formerly unknown, or received from the . to John Vasilowitz, who at that time filled the Rus Venetians at an exorbitant price. : sian throne. John, though he ruled over his sul But the discovery of a shorter passage to the jccts with the cruelty and caprice of a barburo' East. Indies, by the north-west, was still the favorite despot, was not destitute of political sagacity. B project of tho nation, which beheld with envy the ' iusta'nily poimve-i the Inppy ccnJs^qu ices d a reign intent on no object but that of suppressing heresy, had been neglected, and suffered to decay. She filled her arsenals with naval stores ; she built several ships of great force, according to the ideas of that age, and encouraged her subjects to imitate her ex- ample, that they might no longer depend on foreign- ers, from whom the English had hitherto purchased all vessels of any considerable burthen. By those efforts the skill of the English artificers was im- proved, the numbers of sailors increased, and the attention of the public turned to the navy, as tlie most important national object. Instead of aban- doning any of the new channels of commerce which had been opened in the three preceding reigns, the English frequented them with greater assiduity, and the patronage of their sovereign added vigour to all their efforts. In order to secure to them the con- tinuance of their exclusive trade with Russia, Eliza- beth cultivated the connexion with John Vasilowitz, which had been formed by her predecessor, and, by successive embassies, gained his confidence so tho- roughly, that the English enjoyed that lucrative privilege during his long reign. She encouraged the company of merchant adventurers, whose mo* nopoly ef the Russian trade was confirmed by act 208 THE HISTORY OF AMERICA. of parliament, to resume their d(^>gn of penetrating into Persia by land. Their second attempt, conducted with greater prudence, or undertaken at a more favourable juncture, than the first, was more successful. Their agents arrived in the Per- sian court, and obtained such protection and immu- nities from the Shah, that for a course of years they carried on a gainful commerce in his kingdom ; and by frequenting the various provinces of Persia, be- came so well acquainted with the vast riches of the East, as strengthened their design of opening a more direct intercourse with those fertile legions by sea. But as every effort to accomplish this by the north- east had proved abortive, a scheme was formed, un- der the patronage of the earl of Warwick, the head of the enterprising family of Dudley, to make a new attempt, by holding an opposite course by the north-west. The conduct of this enterprise was committed to Martin Frobisher, an officer of expe- rience and reputation. In three successive voyages he explored the inhospitable coast of Labrador, and that of Greenland, (to which Elizabeth gave the name of Meta Incognita,) without discovering any probable appearance of that passage to India for which he sought. This new disappointment was sensibly felt, and might have damped the spirit of naval enterprise among the English,/ if it had not resumed fresh vigour, amidst the general exultation of the nation, upon the successful expedition of Sir Francis Drake. That bold navigator, emulous of the glory which Magellan had acquired by sailing round the globe, formed a scheme of attempting a voyage, which all Europe had admired for sixty years, without venturing to follow the Portuguese discoverer in his adventurous course. Drake under- took this with a feeble squadron, in which the largest vessel did not exceed a hundred tons, and he accom- plished it with no less credit to himself than honour to his country. Even in this voyage, conducted with other views, Drake seems not to have been inatten- tive to the favourite object of his countrymen, the discovery of a new route to India. Before he quitted the Pacific ocean, in order to stretch towards the Philippine islands, he ranged along the coast of California, as high as the latitude of forty-two de- grees north, in hopes of discovering, on that side, Uie communication between the two seas, which had so often been searched for in vain on the other. But this was the only unsuccessful attempt of Drake. The excessive cold of the climate, intolerable to men who had long been accustomed to tropical heat, obliged him to stop short in his progress towards the north ; and whether or not there be .any passage from the Pacific to the Atlantic ocean in that quarter is a point still unascertained. From this period, the English seem to have con- fided in their own abilities and courage, as equal to any naval enterprise. They had now visited every region to which navigation extended in that age, and had rivalled the nation of highest repute for naval skill in its most splendid exploit. But notwithstanding the knowledge which they had ac- quired of the different quarters of the globe, they had not hitherto attempted any settlement out of their own country. Their merchants had not yet acquired such a degree either of wealth or of poli- tical influence, as was requisite towards carrying a scheme of colonization into execution. Persons of noble birth were destitue of the ideas and infor- mation which might have disposed them to patronize such a design The 'growing power of Spain, how- ever, and the ascendant over the other nations uf Europe to which it had attained under Charles V. and his son, naturally turned the attention of man- kind towards the importance of those settlements in the New World, to which they were so much in- debted for that pre-eminence. The intercourse be- tween Spain and England during the reign of Philip and Mary ; the resort of the Spanish nobility to the English court, while Philip resided there ; the study of the Spanish language, which became fashionable ; and the translation of several histories of America into English, diffused gradually through the nation a more distinct knowledge of the policy of Spain in planting its colonies, and of the advantages which it derived from them. When hostilities commenced between Elizabeth and Philip, the prospect of annoy- ing Spain by sea, opened a new career to the enter- prising spirit of the English nobility. Almost every eminent leader of the age aimed at distinguishing himself by naval exploits. That service, and the ideas connected with it, the discovery of unknown countries, the establishment of distant colonies, and the enriching of commerce by new commodities, became familiar to persons of rank. In consequence of all those concurring causes, the English began seriously to form plans of settling colonies in those parts of America which hitherto they had only visited. The projectors and patrons of these plans were mostly persons of rank and influ- ence. Among them, Sir Humphiy Gilbert, of Coinp- ton, in Devonshire, ought to be mentioned with the distinction due to the conductor of the first English colony to America. He had parly rendered himself conspicuous by his military services both in France and Ireland ; and having afterwards turned his atten- tion to naval affairs, he published a discourse con- cerning the probability of a north-west passage, which discovered no inconsiderable portion both of learning and ingenuity, mingled with the enthusiasm, the credulity, and sanguine expectations which incite men to new and hazardous undertakings. With those talents he was deemed a proper person to be employed in establishing a new colony, and casily obtained from the queen letters patent, vesting in him sufficient powers for this purpose. As this is the first charter to a colony, granted by the crown of England, the articles in it merit paiti- cular attention, as they unfold the ideas of that age with respect to the nature of such settlements. Eli- zabeth authorizes him to discover and take possession of all remote and barbarous lands, unoccupied by any Christian prince or people. She vests in him, his heirs, and assigns for ever, the full right of property in the soil of those countries whereof he shall take possession. She permits such of her subjects as were willing to accompany Gilbert in his voyage, to go and settle in the countries which he shall plant. She empowers him, his heirs, and assigns, to dispose of whatever portion of those lands he shall judge meet, to persons settled there, in fee simple, accord- ing to the laws of England. She ordains, that all the lands granted to Gilbert shall hold of the crown of England by homage, on payment of the fifth part of the gold or silver ore found there. She confers upon him, his heirs and assigns, the complete juris- dictions and royalties, as well marine as other, within the said lands and seaS thereunto adjoining; and as their common safety and interest would render good government necessary in their new settlements, she gave Gilbert, his heirs and assigns, full power to convict, punish, pardon, govern, and rule, by their good discretion and policy, as well in causes capital THE HISTORY OF AMERICA. 2C9 or criminal as civil, both marine and other, all per- sons who shall, from time to time, settle within the said countries, according to such statutes, laws, and ordinances, as shall be by him, his heirs and assigns, devised and established for their better government. She declared, that all who settled there should have and enjoy all the privileges of free denizens and natives of England, any law, custom, or usage to the contrary notwithstanding. And finally, she prohi- bited all persons from attempting to settle within two hundred leagues of any place which Sir Humphry- Gilbert or his associates shall have occupied, during the space of six years. With those extraordinary powers, suited to the high notions of authority and prerogative prevalent iu England during the sixteenth century, but very re- pugnant to more recent ideas with respect to the j rights of free men, who voluntarily unite to form a colony, Gilbert began to collect associates, and to prepare for embarkation. His own character, and the zealous efforts of his half-brother, Walter Ralegh, who even in his early youth displayed those splendid talents, and that undaunted spirit, which create admiration and confidence, soon procured him a suf- ficient number of followers. But his success was not suited either to the sanguine hopes of his country- men or to the expense of his preparations. Two expeditious, both of which he conducted in person, ended disastrously. In the last he himself perished, without having effected his intended settlement on the continent of America, or performing any thing more worthy of notice than the empty formality of taking possession of the island of Newfoundland in the name of his sovereign. The dissensions among his officers; the licentious and ungovernable spirit of some of his crew ; his total ignorance of the countries which he purposed to occupy ; his misfortune in ap- proaching the continent too far towards the north, where the inhospitable coast of Cape Breton did not invite them to settle ; the shipwreck of his largest vessel ; and, above all, the scanty provision which the funds of a private man could make of what was re- quisite for establishing a new colony, were the true causes to which the failure of the enterprize must be imputed, not to any deficiency of abilities or resolu- tion in its leader. But the miscarriage of a scheme, in which Gilbert had wasted his fortune, did not discourage Ralegh. He adopted all his brother's ideas ; and applying to the queen, in whose favour he stood high at that time, he procured a patent, with jurisdiction and prerogatives as ample as had been granted unto Gilbert. Ralegh, no less eager to execute than to undertake the scheme, instantlydispatched two small vessels under the command of Amadas and Barlow, two officers of trust, to visit the countries which he intended to settle, and to acquire some previous knowledge of their coasts, their soil, and produc- tions. In order to avoid Gilbert's error, in holding too far north, they took their course by the Canaries and the West India islands, and approached the North American continent by the gulf of Florida. Unfortunately, their chief researches /were made in that part of the country now known by the name of North Carolina, the province in America most desti- tute of commodious harbours. They touched first at an island, which they call Wokocon (probably Oca- koke), situated on the inlet into Pamplicoe sound, and then at Roanokc, near the mouth of Albemarle sound. In both they had some intercourse with the natives, whom they found to be savages with all the characteristic qualities of uncivilized life, bravery, THE HISTORY OF AMERICA, No. 27, aversion to labour, hospitality, a propensity to ad- mire, and a willingness to exchange their rude pro- ductions for English commodities, especially for iron, or any of the useful metals of which they were destitute. After spending a few weeks in this traffic, and in visiting some parts of the adjacent continent, Amadas and Barlow returned to England with two of the natives, and gave such splendid descriptions of the beauty of the country, the fertility of the soil, and the mildness of the climate, that Elizabeth, delighted with the idea of occupying a territory superior, so far, to the barren regions towards the north hitherto visited by her subjects, bestowed on it the name of Virginia ; as a memorial that this happy discovery had been made under a virgin queen. Their repoit encouraged Ralegh to hasten his pre- parations for taking possession of such an inviting property. He fitted out a squadron of seven small ships under the command of Sir Richard Greenville, a man of honourable birth, and of courage so un- daunted as to be conspicuous even in that gallant age. But the spirit of that predatory war which the English carried on against Spain, mingled with this scheme of settlement ; and on this account, as well as from unacquaintance with a more direct and shorter course to North America, Greenville sailed by the West Indian islands. He spent some time in cruizing among these, and in taking prizes; so that it was towards the close of June before he arrived on the; coast of North America. He touched at both the islands where Amadas and Barlow had landed, and made some excursions into different parts of the con- tinent round Pamplicoe and Albemarle sounds. But as, unfortunately, he did not advance far enough towards the north to discover the noble bay of Che , sapeak, he established the colony which he left on the island of Roanoke, an incommodious station without any safe harbour, and almost uninhabited. This colony consisted only of one hundred and eighty persons, under the command of Captain Lane, assisted by some men of note, the most distinguished of whom was Hariot, an eminent mathematician. Their chief employment,, during a residence of nine, months, was to obtain a more extensive knowledge of the country ; and their researches were carried on with greater spirit, and reached further than could have been expected from a colony so feeble, and in a station so disadvantageous. But from the same im- patience of indigent adventurers to acquire sudden wealth, which gave a wrong direction to the industry of the Spaniards in their settlements, the greater part of. the English -seem to have considered nothing as worthy of attention but mines of gold and silver. These they sought for wherever they came : these they inquired after with unwearied eagerness. The savages soon discovered the favourite objects which allured them, and artfully amused them with so many tales concerning pearl fisheries, and rich mines of various metals, that Lane and his companions wasted their time and activity in the chimerical pursuit of these, instead of labouring to raise provisions for their own subsistence. On discovering the deceit of the Indians, they were so much exasperated, that from expostulations and reproaches they proceeded to open hostility. The supplies of provision which they had been accustomed to receive from the natives were of course withdrawn. Through their own ne- gligence no other precaution had been taken for theiy support. Ralegh having engaged in a scheme too expensive for his narrow funds, had not been able to send them that recruit of stores with which Green- ville had promised to furnish them early in the 2 E 210 THE HISTORY OF AMERICA. spring. The colony, reduced to the utmost distress, and on the point of perishing with famine, was pre- paring to disperse into different districts of the coun- try in quest of food, when Sir Francis Drake ap- peared with his ileet, returning from a successful expedition against the Spaniards in the West Indies. A scheme which he formed of furnishing Lane and his associates with such supplies as might enable them to remain with comfort in their station, was disap- pointed by a sudden storm, in which a small vessel that he destined for their service was dashed to pieces ; and as he could not supply them with an- other, at their joint request, as they were worn out with fatigue and famine, he curried them home to England. Such was the inauspicious beginning of the Eng lirih settlements in the New World ; and after excit- ing high expectations, this first attempt produced no effect but that of affording a more complete know- ledge of the country ; as it enabled Hariot, a man of science and observation, to describe its soil, climate, productions, and the manners of its inhabitants, with a degree of accuracy which merits no inconsiderable praise, when compared with the childish and marvel- lous tales published by several of the early visitants of the New World. There is another consequence of this abortive colony important enough to entitle it to a place in history. Lane and his associates, by their constant intercourse with the Indians, had ac- quired a relish for their favourite enjoyment of smoking tobacco ; to the use of which, the credulity of that people not only ascribed a thousand imagi- nary virtues, but their superstition considered the plant itself as a gracious gift of the gods, for the solace of human kind, and the most acceptable offer- ing which man can present to heaven. They brought with them a specimen of this new commodity to England, and taught their countrymen the method of using it ; which Ralegh and some young men of fashion fondly adopted. From imitation of them, from love of novelty, and from the favourable opinion of its salutary qualities entertained by several physi- cians, the practice spread among the English. The Spaniards and Portuguese had, previous to this, introduced it in other parts of Europe. This habit of taking tobacco gradually extended from the extre- mities of the north to those of the south, and in one form or other seems to be equally grateful to the inhabitants of every climate, and by a singular ca- price of the human species, no less inexplicable than unexampled (so bewitching is the acquired taste for a weed of no manifest utility, and at first not only- unpleasant but nauseous), that it has become almost as universal as the demands of those appetites origi- nally implanted in our nature. Smoking was the lirst mode of taking tobacco in England ; and we learn from the comic writers towards the close of the sixteenth century and the beginning of the seven- teenth, that this was deemed one of the accomplish- ments of a man of fashion and spirit. A few days after Drake departed from Roanoke, a small t>a;k, dispatched by Ralegh with a supply ot stores for the colony, landed at the place where the English had settled; but on finding it deserted by their countrymen, they returned to England. Th bark was hardly gone when Sir Richard Greenville appeared with three ships. After searching in vain for the colony which he had planted, without being able to learn what had befallen it, he left fifteen o his crew to keep possession of the island. This handful of nien was soon overpowered and cut ii pieces by the savages. Though all Ralegh's efforts to establish a colony n Virginia had hitherto proved abortive, and had teen defeated by a succession of disasters arid disap- lointments, neither his hopes ner resources were xhausted. Early in the following year befitted out hree ships, under the command of Captain John White, who carried thither a colony more numerous ban that which had been settled under Lane. On heir arrival in Virginia, after viewing the face of he country covered with one continued forest, which o them appeared an uninhabited wild, as it was >ccupied only by a few scattered tribes of savages, h;-y discovered that they were destitute of many hings which they deemed essentially necessary to- vard's their subsistence in s-.ich an uncomfortable situation ; and, with one voice, requested White, their ;ommander, to return to England, as the person imong them most likely to solicit, with efficacy, the supply on which depended the existence of the colo- ny. White landed in his native country at a most unfavourable season for the negociatiou which he lad undertaken. He found the nation in universal alarm at the formidable preparations of Philip II. to nvade England, and collecting all his force to op- )ose the fleet to which he had arrogantly given the name of the Invincible Armada. Ralegh, Green- ville, and all the most zealous patrons of the new settlement, were called to act a distinguished part in he operations of a year equally interesting and glo- rious to England. Amidst danger so imminent, and during a contest for the honour of their sovereign and the independence of their country, it was impos- sible to attend to a less important and remote object. The unfortunate colony in Roanoke received no supply, and perished miserably by famine, or by the unrelenting cruelty of those barbarians by whom they were surrounded. During the remainder of Elizabeth's reign, the scheme of establishing a colony in Virginia was not resumed. Ralegh, with a most aspiring mind and extraordinary talents, enlightened by knowledge no less uncommon, had the spirit and the defects of a projector. Allured by new objects, and always giv- ing the preference to such as were most splendid and arduous, he was apt to engage in undertakings so vast and so various as to be far beyond his power of accomplishing. He was now intent on peopling and improving a farge district of country in Ireland, of which he had obtained a grant from the queen. He was a deep adventurer in the scheme of fitting out a powerful armament against Spain, in order to esta- blishing Don Antonio on the throne of Portugal, lie had begun to form his favourite but visionary plan, of penetrating into the province of Guiana, where he fondly dreamed of taking possession of inexhaustible wealth flowing from the richest mines in the New World. Amidst this multiplicity of pro- jects, of such promising appearance, and recom- mended by novelty, he naturally became cold towards his ancient and hitherto unprofitable scheme of set- tling a colony in Virginia, and was easily induced to assign his right of property in that country, which he had never visited, together with all the privileges contained in his patent, to Sir Thomas Smith and a company of merchants in London. This company, satisfied with a paltry traffic carried on by a few small barks, made no attempt to take possession of the country. Thus, after a period of a hundred and six years from the time that Cabot discovered North America in the name of Henry VII., and of twenty years from the time that Ralegn planted the first colon v, there was not a single Englishman settled THE HISTORY OF AMERICA. 211 there at the demise of Queen Elizabeth, in the year one thousand six hundred and three, I have already explained the causes of this during the period previous to the accession of Kii/:ah,lh. Other causes produced the same effect under her ad- ministration. Though for one-half of her reign England was engaged in no foreign war, and com- merce enjoyed that perfect security which is friendly t;> its progress ; though the glory of her latter years give the highest tone of elevation and vigour to the national spirit ; the queen herself, from her extreme parsimony, and her aversion to demand extraordina- ry supplies of her subjects, was more apt to restrain than to second the ardent genius of her people. Se- veral of the most splendid enterprizes in her reign were concerted and executed by private adventurers. All the schemes for colonization were carried on by the funds of individuals, without any public aid. Even the policy of her government was adverse to the establishment of remote colonies. So powerful is the attraction of our native soil, and such our for tunate partiality to the laws and manners of our own country, that men seldom choose to abandon it unless they be driven away by oppression, or allured by vast prospects of sudden wealth. But the pro- vinces of America, in which the English attempted to settle, did not, like those occupied by Spain, invite them thither by any appearance of silver or gold mines. All their hopes of gain were distant; and they saw that nothing could be earned but by perse- vering exertions of industry. The maxims of Eliza- beth's administration were, in their general tenor, so popular, as did not force her subjects to emigrate in order to escape from the heavy or vexatious hand of power. It seems to have been with difficulty that these slender bands of planters were collected, on which the writers of that age bestow the name of the first and second Virginian colonies. The fulness of time for English colonization was not yet arrived. But the succession of the Scottish line to the crown of England hastened its approach. James was hardly seated on the throne before he discovered his pacific intentions, and he soon terminated the long war which had been carried on between Spain and England, by an amicable treaty. From that period uninterrupted tranquillity continued during his reign. Many persons of high rank and of ardent ambition, to whom the war with Spain had afforded constant employment, and presented alluring pro- spects not only of fame but of wealth, soon became so impatient of languishing at home without occupa- tion or object, that their invention was on the stretch to find some exercise for their activity and talents. To both these North America seemed to open a new field, and schemes of carrying colonies thither became more general and more popular. A voyage undertaken by Bartholomew Gosnold, in the last year of the queen, facilitated as well as en- couraged the execution of these schemes. He sailed from Falmouth in a small bark with thirty-two men. Instead of following former navigators in their unne- cessary circuit by the West India isles and the gulf of Florida, Gosnold steered due west as nearly as the winds would permit, and was the first English commander who reached America by this shorter and more direct course. That part of the continent which he first descried was a promontory in the province now called Massachusetts Bay, to which he gave the name of Cape Cod. Holding along the coast as it stretched towards the south-west, he touched at two islands, one of which he called Martha's Vineyard, the other Elizabeth's Island ; and visited the adjoin- ing continent, and traded with its inhabitants. He and his companions were so much delighted every where with the inviting aspect of the country, that notwithstanding the smallness of their number, a pait of them consented to remain there. But when they had leisure to reflect upon the fate of former .settlers in America, they retracted a resolution j formed in the first warmth of their admiration ; and Gosnold returned to England in less than four months from the time of his departure. This voyage, however inconsiderable it may ap- pear, had important effects. The English now dis- covered the aspect of the American continent to be extremely inviting far to the north of the place where they had formerly attempted to settle. The coast of a vast country, stretching through the most desirable climates, lay before them. The richness of its virgin soil promised a certain rccompence to their industry. Ill its interior provinces unexpected sources of wealth might open, and unknown objects .of commerce might be found. Its distance from England was diminished almost a third part, by the new course which Gosnold had pointed out. Plans for esta bli>hhig colonies began to be formed in different part's of the kingdom ; and before these weie ripe for execution, one small vessel was sent out by the mer- chants of Bristol, another by the Earl of Southamp- ton and Lord Arundel of Wardeur, in order to learn, whether Gosnold's account of the country was to be considered as a just Representation of its state, or as the exaggerated description of a fond discoverer. Both returned with a full confirmation of his vera- city, and with the addition of so many new circum- stances in favour of the country, acquired by a more extensive view of it, as greatly increased the desire of planting it. The most active and efficacious promoter of this was Richard Ilakluyt, prebendary of Westminster, to whom England is more indebted for its American possessions than to any man of that age. Formed under a kinsman of the same name, eminent for naval and commercial knowledge, he imbibed a simi- lar taste, and applied early to the study of geography and navigation. These favourite sciences engrossed his attention, and to diffuse a relish for them was the great object of his life. In order to excite his coun- trymen to naval enterprize, by flattering their na- tional vanity, he published, in the year one thousand five hundred and eighty-nine, his valuable collection of voyages -and discoveries made by Englishmen. In order to supply them with what information might be derived from the experience of the most success- ful foreign navigators, he translated some of the best accounts of the progress of the Spaniards and Portuguese in their voyages both to the East and West Indies, into the English tongue. He was consulted with respect to many of the attempts to- wards discovery or colonization during the latter part of Elizabeth's reign. He corresponded with the officers who conducted them, directed their researches to proper objects, and published the history of their exploits. By the zealous endeavours of a person equally respected by men of rank and men of busi- ness, many of both orders formed an association to establish colonies in America, and petitioned the king for the sanction of his authority to warrant the execution of their plans. James, who prided himself on his profound skill ill ' in the science of government, and who had turned j his attention to consider the advantages which might be derived from colonies at a time when he patron- ized his scheme for planting them in some of the 212 THE HISTORY OF AMERICA. ruder provinces of hj.s ancient kingdom, with a view of introducing industry and civilization there, was now no less fond of directing the active genius of his English subjects towards occupations not repugnant to his own pacific maxims, and listened with a fa- vourable ear to their application. But as the extent as well as value of the American continent began now to be better known, a grant of the whole of such a vast region to any one body of men, however respectable, appeared to him an act of impolitic and profuse liberality. For this reason he divided that portion of North America, which stretches from the thirty-fourth to the forty-fifth degree of latitude, into two districts nearly equal ; the one called the first or south colony of Virginia, the other the second or north colony. He authorized Sir Thomas Gates, Sir George Summers, Richard Hakluyt, and their associates, mostly resident in London, to settle any part of the former which they should choose, and vested in them a right of property to the land ex- tending along the coast fifty miles on each side of the place of their first habitation, and reaching into the interior country a hundred miles. The latter district he allotted, as the place of settlement, to sundry knights, gentlemen, and merchants of Bris- tol, Plymouth, and other parts in the west of Eng- land, with a similar grant of territory. Neither the monarch who issued this charter, nor his subjects who received it, had any conception that they were proceeding to lay the foundation of mighty and opu- lent states. What James granted was nothing more than a simple charter of corporation to a trading company, empowering the members of it to have a common seal, and to act as a body politic. But as the object for which they associated was new, the plan established for the administration of their affairs was uncommon. Instead of the power usually granted to corporations, of electing officers, and framing bye laws for the c mduct of their own opera- tions, the supreme government of the colonies to be settled was vested in a council resident in England, to be named by the king according to such laws and ordinances as should be given under his sign ma- nual; and the subordinate jurisdiction was commit- ted to a council resident in America, which was like- wise to be nominated by the king, and to act con- formably to his instructions. To this important clause, which regulated the form of their constitu- tution, was added the concession of several immuni- ties, to encourage persons to settle in the intended colonies. Some of these were the same which had been granted to G Ibert and Ralegh ; such as the .securing to the emigrants and their descendants all the rights of denizens, in the same manner as if they had remained or had been born in England ; and granting them the privilege of holding their lands in America by the freest and least burthensome tenure. Others were more favourable than those granted by Elizabeth. He permitted whatever was necessary for the sustenance or commerce of the new colonies to Le exported from England during the space of seven years, without paying any duty ; and as a fur- ther incitement to industry, he granted them liberty of trade with other nations, and appropriated the duty to be levied on foreign commodities for twenty- one years, as a fund for the benefit of the colony. In this singular charter, the contents of which hove been little attended to by the historians of America, some articles are as xm favourable to the "rights of the colonists, as others are to the interests of the parent state. By placing the legislative and "executive powers in a council ^nominated by the crown, and guided by its instructions, every person settling in America seems to be bereaved of the no- blest privilege of a free man ; by 4,he unlimited per- mission of trade with foreigners, the parent state is deprived of that exclusive commerce which has been deemed the chief advantage resulting from the esta- blishment of colonies. But in the infancy of coloni- zation, and without the guidance of observation or experience, the ideas of men, with respect to the mode of forming new settlements, were not fully un- folded or properly arranged. At a period when they could not foresee the future grandeur and importance of the communities which they were about to call into existence, they were ill qualified to concert the best plan for governing them. Besides, the English of that age, accustomed to the high prerogative and arbitrary rule of their monarchs, were not animated with such liberal sentiments, either concerning their own personal or political rights, as have become fa- miliar in the more mature and improved state of their constitution. Without hesitation, or reluctance the proprietors of both colonies prepared to execute their respective plans ; and under the authority of a charter, which would now be rejected with disdain, as a violent invasion of the sacred and inalienable rights of li- berty, the first permanent settlements of the English in America were established. From this period the progress of the two provinces of Virginia and New- England forms a regular and connected story. The former in the south, and the latter in the north, may be considered as the original and parent colonies ; in imitation of which, and under whose shelter all the others have been successively planted and reared. The first attempts to occupy Virginia and New England were made by very feeble bodies of emi- grants. As these settled under great disadvantages, among tribes of savages, and in an uncultivated de sert; as they attained gradually, after long struggles and many disasters, to that maturity of strength and order of policy, which entitle them to be considered as respectable states, the history of their persevering efforts merits particular attention. It will exhibit u spectacle no less striking than instructive, and pre- sents an opportunity which rarely occurs, of contem- plating a society in the first moment of its political existence, and of observing how its spirit forms in its infant state, how its principles begin to unfold as it advances, and how those characteristic qualities which distinguish its maturer age are successively acquired. The account of the establishment of the other English colonies, undertaken at periods when the importance of such possessions was better under- stood, and effected by more direct and vigorous exertions of the parent state is less interesting. I shall therefore relate the history of the two original colonies in detail. With respect to the subsequent settlements, some more general observations con- cerning the time, the motives, and circumstances of their establishment will be sufficient. I begin with the history of Virginia, the most ancient and most valuable of the British colonies in North America. Though many persons of distinction became pro- prietors in the company which undertook to plant a colony in Virginia, its funds seem not to have been considerable, and its first effort was certainly ex- tremely feeble. A small vessel of a hundred tons, and two barks under the command of Captain New- port, sailed with a hundred and five men destined to remain in the country. Some of these were of re- spectable familieSj particularly a brother of the Earl of Northumberland, and several officers who had THE HISTORY OF AMERICA. 213 served with reputation in the reign of Elizabeth. Newport, I know not for what reason, followed the ancient course by the West Indies, and did not reach the coast of North America for four months. But he approached it with better fortune than any former navigator; for having been driven, by the violence of a storm, to the northward of Roanoke, the place of his destination, the first land he disco- vered was a promontory which he called Cape Henry, the southern boundary of the bay of Chesapeak. The English stood directly into tRat spacious inlet, which seemed to invite them to enter; and as they advanced, contemplated with a mixture of delight and admiration, that grand reservoir, into which are poured the Xvaters of all the vast rivers which not only diffuse fertility through that district of America, but open the interior parts of the country to naviga- tion, and render a commercial intercourse more ex- trusive and commodious than in any other region of the globe. Newport, keeping along the southern shore, sailed up a river, which the natives called Powhatan, and to which he gave the name of James river. After viewing its banks, during a run of above forty miles from its mouth, they all concluded that a country, where safe and convenient harbours seemed to be numerous, would be a more suitable station for a trading colony than the shoaly and dangerous coast to the south, on which their countrymen had for- merly settled. Here then they determined to abide ; and having chosen a proper spot for their residence, they gave this infant settlement the name of James town, which it still retains ; and though it has never become either populous or opulent, it can boast of being the most ancient habitation of the English in the New World. But however well chosen the situ- ation might be, the members of the colony were far from availing themselves of its advantages. Violent animosities had broke out among some of their leaders, during their voyage to Virginia, These did not subside on their arrival there. The first deed of the council, which assumed the government in virtue of a commission brought from England under the seal of the company, and opened on the day after they landed, was an act of injustice. Capt. Smith, who had been appointed a member of the council, was excluded from his seat at the board by the mean jealousy of his colleagues, and not only reduced to the condition of a private man, but of one suspected and watched by his superiors. This diminution of his influence, and restraint on his activity, was an essential injury to the colony, which at that juncture stood in need of the aid of both. For soon after they Vgan to settle, the English were involved in a war vith the natives, partly by their own indiscretion, ;ud partly by the suspicion and ferocity of those barbarians. And although the Indians, scattered over the countries adjacent to James river, were di- vided into independent tribes, so extremely feeble that hardly one of them could muster above two hun- dred warriors, they teased and annoyed an infant colon) by their incessant hostilities. To this was added a calamity still more dreadful ; the stock of provisions left for their subsistence, on the departure of their ships for England, was so scanty and of such bad Duality, that a scarcity, appi-oaching almost to absoluh famine, soon followed. Such poor un- wholesome fare soon brought on diseases, the vio- lence of which was so much increased by the sultry heat of the climate, and the moisture of a country covered with wood, that before the beginning of Sep- tember one hdf of their number died, and most of the survivors were sickly and dejectod. In such trying extremities the comparative powers of every individual are discovered and called forth, and each naturally takes that station and assumes that ascen- dant, to which he is entitled by his talents and force of mind, Every eye was now turned towards Smith, and all willingly devolved on him that authority of which they had formerly deprived him. His un- daunted temper, deeply tinctured with the wild romantic spirit characteristic of military adventurers in that age, was peculiarly suited to such a situation. The vigour of his constitution continued fortunately still unimpaired by disease, and his mind was never appalled by danger. He instantly adopted the only plan that could save them from destruction. He began by surrounding James town with such rude fortifications as were a sufficient defence against the assaults of savages. He then marched at the head of a small detachment in quest of their enemies. Some tribes he gained by caresses and presents, and procured from them a supply of provisions. Others he attacked with open force ; and defeating them on every occasion, whatever their superiority in num- bers might be, compelled them to impart to him some portion of their winter stores. As the recorapeuce of all his toils and dangers, he saw abundance and con- tentment re-established in the colony, and hoped that he should be able to maintain them in that happy state, until the arrival of ships from England in the spring : but in one of his excursions he was surprised by a numerous body of Indians, and in making his escape from them, alter a gallant defence, he sunk to the neck in a swamp, and was obliged to surrender. Though he knew well what a dreadful fate awaits the prisoners of savages, his presence of mind did not forsake him. He shewed those who had taken him captive a mariner's compass, and amused them with so many wonderful accounts of its virtues, as filled them with astonishment and veneration, which began to operate very powerfully in his favour. They led him, however, in triumph through various parts of the country, and conducted him at last to Powhatan, the most considerable sachim in that part of Virgi- nia. There the doom of death being pronounced, he was led to the place of execution, and his head already bowed down to receive the fatal blow, when that fond attachment of the American women to their European invaders, the beneficial effects of which the Spaniards often experienced, interposed in his behalf. The favourite daughter of Powhatan rushed in between him and the executioner, and by her entreaties and tears prevailed on her father to spare his life. The beneficence of his deliverer, whom the early English writers dignify with the title of the princess" Pocahuntas, did not tenninate here ; she soon after procured his liberty, and sent him from time to time seasonable presents of provisions Smith, on his return to James town, found the co- lony reduced to thirty-eight persons, who in despair were preparing to abandon a country which did not seem destined to be the habitation of Englishmen. He employed caresses, threats, and even violence, in order to prevent them from executing this fatal resolution. With difficulty he prevailed on them to defer it so long, that the succour anxiously expected from England arrived. Plenty was instantly re- stored; a hundred new planters were added to their number; and an ample stock of whatever was requi- site for clearing and sowing the ground was delivered to them. But an unlucky incident turned their at- tention from that species of industry which alone could render their situation comfortable. In a small stream of water that issued from a bank of sand near 214 THE HISTORY OF AMERICA. James town, a sediment of some shining mineral substance, which had sonic resemblance of gold, was discovered. At a time when the precious metals were conceived to be the peculiar and only valuable productions of the New World, when every moun- tain was supposed to contain a treasure, and every rivulet was searched for its golden sands, this ap"- pearance was fondly considered as an infallible indi- cation of a mine. Every hand was eager to dig ; large quantities of this glittering dust were amassed From some assay of its nature, made by an artist as unskilful as his companions were credulous, it was pronounced to be extremely rich. " There was now," says Smith, " no talk, no hope, no work, but dig gold, wash gold, refine gold." With this ima- ginary wealth the first vessel returning to England was loaded, while the culture of the land and every useful occupation were totally neglected. The effects of this fatal delusion were soon felt. Notwithstanding all the provident activity of Smith, in procuring corn from the natives by traffic or by force, the colony began to suffer as much as formerly from scarcity of food, and was wasted by the same distempers. In hopes of obtaining some relief, Smith proposed, as they had not hitherto extended their researches beyond the countries contiguous to James river, to open an intercourse with the more remote tribes, and to examine into the state of cul- ture and population among them. The execution of this arduous design he undertook himself, in a small open boat, with a feeble crew, and a very scanty stock of provisions. He began his survey at Cape Charles, and in two different excursions, which con- tinued above four months, he advanced as far as the river Susquehannah, which flows into the bottom of the bay. He visited all the countries both on the east and west shores ; he entered most of the consi- derable creeks; he sailed up many of the great rivers as far as their falls. He traded with some tribes ; of their security and happiness. That supreme di- rection of all the company's operations, which the king by his charter had reserved to himself, discou- raged persons of rank or property from becoming members of a society so dependent on the arbitrary will of the crown. Upon a representation of this to James he granted them a new charter, with more ample privileges. He enlarged the boundaries of the colony ; he rendered the powers of the company, as a corporation, more explicit and complete ; he abolished the jurisdiction of the council resident in Virginia ; he vested the government entirely in a council residing in London; he granted to the pro- prietors of the company the right of electing the per- sons who were to compose this council,, by a majo- rity of voices ; he authorized this council to e^tabli^h such laws, orders, and forms of government and ma- gistracy, for the colony and plantation, as they in their discretion should think to be fittest for the good of the adventurers and inhabitants there ; he em- powered them to nominate a governor to have the administration of affairs in the colony, and to carry their orders into execution. In consequence of these concessions, the company having acquired the power of regulating all its own transactions, the number of proprietors increased, and among them we find the most respectable names in the na- tion. The first deed of the new council was to appoint Lord Delaware governor and captain-general of their colony in Virginia. To a person of his r; nk those high-sounding titles could be no allurement; and by his thorough acquaintance with the progress and state of the settlement, he knew enough of the labour and difficulty with which an infant colony is reared, to expect any thing but anxiety and care in dis- charging the duties of that delicate office. But, from zeal to promote an establishment which he expected to prove so highly beneficial to his country, he was he fought with others ; he observed the nature of the j willing to relinquish all the comforts of an honoura- territory which they occupied, their mode of subsist- ble station, to undertake a long voyage to settle ence, the peculiarities in their manners ; and left i an uncultivated region, destitute of every accommo- among all a wonderful admiration either of the be- { dation to which heliad been accustomed, and where neficence or valour of the English. After sailing above three thousand miles in a paltry vessel, ill fitted for such an extensive navigation, during which the hardships to which he was exposed, as well as the patience with which he endured, and the forti- tude with which he surmounted them, equal what- ever is related of the celebrated Spanish discoverers in their most daring enterprizes, he returned to James town ; he brought with him an account of that large portion of the American continent now compre- hended in the two provinces of Virginia and Mary- land, so full and exact, that after the progress of information and research for a century and a half, his map exhibits no inaccurate view of both coun- tries, and is the original upon which all subsequent delineations and descriptions have been formed. But whatever pleasing prospect of future benefit might open upon this complete discovery of a coun he foresaw that toil, and trouble, and danger awaited him. But as he could not immediately leave Eng- land, the council despatched Sir Thomas Gates and Sir George Summers, the former of whom had been appointed lieutenant-general and the latter admiral, with nine ships and five hundred planters. They carried wtth them commissions by which they were empowered to supersede the jurisdiction of the for- mer council, to proclaim Lord Delaware governor, and, until he should arrive, to take the administra tion of affairs into their own hands. A violent hu T - ricane separated the vessels in which Gates aid Summers had embarked from the rest of the fleet, and stranded it on the coast of Bermudas. The other ships arrived safely at James town. But the fate of their commanders was unknown. Their com- mission for new-modelling the government, aad all other public papers, were supposed to be los- toge- try formed by nature to be the seat of an exclusive ther with them. The present form of gove'nment, commerce, it afforded but little relief for their pre- sent wants. The colony still depended for subsist- ence chiefly on supplies from the natives ; as, after all the efforts of their own industry, hardly thirty however, was held to be abolished. No Ifgal war- rant could be produced for establishing any other. Smith was not in a condition at this jvncture to assert his own rights, or to act with lis wonted acres of ground were yet cleared so as to be capable j vigour. By an accidental explosion of gunpowder, of culture. By Smith's attention, however, the he had been so miserably scorched aad mangled stores of the English were so regularly filled, that for some time they felt no considerable distress ; and at this juncture a change was made in the constitution that he was incapable of moving, and inder the ne- cessity of committing himself to the gudance of his friends, who carried him aboard onJ of the ships of Uie company, which seemed to promise an increase returning to England, in hopes that Le might recover THE HISTORY OF AMERICA. 215 by more skilful treatment than he could meet with in Virginia. After his departure, every thing tended fast to the wildest anarchy. Faction and discontent had often arisen so high among the old settlers, that they could hardly be kept within bounds. The spirit of the new comers was too ungovernable to bear any restraint. Several among them of better rank were such dissi- pated hopeless young men, as their friends were glad to send out in quest of whatever fortune might betide them in a foreign land. Of the lower order many were so profligate or desperate that their country was happy to throw them out as nuisances in society. Such persons were little capable of the regular sub- ordination, the strict economy, and persevering in- dustry, which their situation required. The Indians, observing their misconduct, and that every precau- tion for sustenance or safety was neglected, not only withheld the supplies of provisions which they were accustomed to furnish, but harassed them with con- tinual hostilities. All their subsistence was derived from the stores which they had brought from Eng- land ; these were soon consumed; then the domestic animals sent out to breed in the country were de- voured; and by this inconsiderate waste, they were reduced to such extremity of famine, as not only to eat the most nauseous and unwholesome roots and berries, but to feed ou the bodies of the Indians whom they slew, and even on those of their companions who sunk under the oppression of such complicated distress. In less than six months, of live hundred persons whom Smith left in Virginia, only sixty remained; and these so feeble and dejected, that they could not have survived for ten days, if succour had not arrived from a quarter whence they did not ex- pect it. When Gates and Summers were thrown ashore on Bermudas, fortunately not a single person on board their ship perished. A considerable part of their provisions and stores, too, was saved, and in that delightful spot nature, with spontaneous bounty, pre- sented to them such a variety of her productions, that a hundred and fifty people subsisted in affluence for ten months en an uninhabited island. Impa- tient, however, to escape from a place where they were cut off' from all intercourse with mankind, they set about building two barks with such tools and materials as they had, and by amazing efforts of perseverance and ingenuity they finished them. In these they embarked, and steered directly towards Virginia, in hopes of finding an ample consolation for all their toils and dangers in the embraces of their companions, and amidst the comforts of a flourishing colony. After a more prosperous navigation than they could have expected in their ill-constructed vessels, they landed at James town. But instead of that joyful interview for which they fondly looked, a spectacle presented itself which struck them with horror. They beheld the miserable remainder of their countrymen emaciated with famine and sick- ness, sunk in despair, and in their figure and looks rather resembling spectres than human beings. As Gates and Summers, in full confidence of finding plenty of provisions in Virginia, had brought with them no larger stock than was deemed necessary for their own support during the voyage, their inability to afford relief to their countrymen added to the an- guish with which they viewed this unexpected scene of distress. Nothing now remained but instantly to abandon a country, where it was impossible to sub- sist any longer; and though all that could be found iu tho stores of the colony, when added to what remained of the stock brought from Bermudas, did not amount to more than was sufficient to support them for sixteea days, at the most scanty allowance, they set sail in hopes of being able to reach New- foundland, where they expected to be relieved by their countrymen employed at that season in the fishery there. But it was not the will of heaven that all the labour of the English in planting this colony, as well as all their hopes of benefit from its future prosperity, should be for ever lost. Before Gates and the melancholy companions of his voyage had reached the mouth of James river, they were met by Lord Delaware with three ships, that brought a large recruit of provisions, a considerable number of new settlers, and every thing requisite for defence or cultivation. By per- suasion and authority he prevailed on them to return to James town, where they found their fort, their magazines, and houses entire, which Sir Thomas Gates, by some happy chance, had preserved from being set on fire at the time of their departure. A society so feeble and disordered in its frame, required a tender and skilful hand to cherish it, and restore its vigour. This it found in Lord Delaware : he searched into the causes of their misfortunes, as far as he could discover them, amidst the violence of their mutual accusations ; but instead of exerting his power in punishing crimes that were past, he em- ployed his prudence in healing their disscntions, and in guarding against a repetition of the same fatal errors. By unwearied assiduities, by the re- spect, due to an amiable and beneficent character, by knowing how to mingle severity with indulgence, and when to assume the dignity of his office, as well as when to display the gentleness natural to his own temper, he gradually reconciled men corrupted by anarchy to subordination and discipline, he turned the attention of the idle and profligate to industry, and taught the Indians again to reverence and dread the English name. Under such an administration the colony began once more to assume a promising appearance ; when unhappily for it, a complication of diseases brought on by the climate, obliged Lord Delaware to quit the country ; the government of which he committed to Mr. Percy. He was soon superseded by the arrival of Sir Thomas Dale ; in whom the company had vested more absolute authority than in any of his prede- cessors, empowering him to rule by martial law ; a short code of which, founded on the practice of tho armies in the Low Countries, the most rigid military school at 'that time in Europe, they sent out with him. This system of government is so violent and arbitrary, that even the Spaniards themselves had not ventured to introduce it into their settlements ; for among them, as soon as a plantation began, and the arts of peace succeeded to the operations of war, the jurisdiction of the civil magistrate was uniformly es Ublished. But however, unconstitutional or op- pressive this may appear, it was adopted by the ad vice of Sir Francis Bacon, the most enlightened phi- losopher, and one of the most eminent lawyers of the age. The company, well acquainted with the in- efficacy of every me'thod which they had hitherto em- ployed" for restraining the unruly mutinous spirits which they had to govern, eagerly adopted a plan that had the sanction of such high authority to recom- mend it. Happily for the colony, Sir Thomas Dale, who was intrusted with this dangerous power, exer- cised it with prudence and moderation. By the vigour which. the summary mode of military punish- ment gave to hi~s administration, he introduced, into 216 THE HISTORY OF AMERICA. the colony more perfect order than had ever been es- tablished there ; and at the same time [he tempered his vigour with so much discretion, that no alarm seems to have been given by this formidable inno- vation. The regular form which the colony now began to assume, induced the king to issue a new charter for the encouragement of the adventurers, by which he not only confirmed all their former privileges, and piolonged the term of exemption from payment of duties on the commodities exported by them, but granted them more extensive property, as well as more ample jurisdiction. All the islands lying within three hundred leagues of the coast were an- nexed to the province of Virginia. In consequence of this, the company took possession of Bermudas, and the other small islands discovered by Gates and Summers, and at the same time"prepared to send out a considerable reinforcement to the colony at James town. The expense of those extraordinary efforts was defrayed by the profits of a lottery, which amounted nearly to thirty thousand pounds. This expedient they were authorized to employ by their new charter ; and it is remarkable, as the first in- stance, in the English history, of any public coun- tenance given to this pernicious seducing mode of levying money. But the house of Commons, which towards the close of this reign began to observe every measure of government with jealous attention, hav- ing remonstrated against the institution as uncon- stitutional and impolitic, James recalled the licence under the sanction of which it had been established. By the severe discipline of martial law, the activity of the colonists was forced into a proper direction, and exerted itselt in useful industry. This, aided by a fertile soil and favourable climate, soon enabled them to raise such a large stock of provisions, that they were no longer obliged to trust for subsistence to the precarious supplies which they obtained or ex torted from the Indians. In proportion as the Eng- lish became more independent, the natives courted their friendship upon more equal terms. The happy effects of this were quickly felt. Sir Thomas Dale concluded a treaty with one of their most powerful and warlike tribes, situated on the river Chickaho- miny, in which they consented to acknowledge themselves subjects to the king of Great Britain, to assume henceforth the name of Englishmen, to send a body of their warriors to the assistance of the Eng- lish as often as they look the field against any enemy, and to deposit annually a stipulated quantity of Indian corn in the storehouses of the colony. An event, which the early historians of Virginia re late with peculiar satisfaction, prepared the way for this union. Pocahuntas, the favourite daughter of the great chief Powhatan, to whose intercession cap- tain Smith was indebted for his life, persevered in her partial attachment to the English ; and as she frequently visited their settlements, where she was always received with respectful hospitality, her ad- miration of their arts and manners continued to in- crease. During this intercourse, her beauty, which is represented as far superior to that of her country- women, made such impression on the heart of Mr. Rolfe, a young man of rank in the colony, that he warmly solicited her to accept of him as a husband. Where manners are simple, courtship is not tedious. Neither artifice prevents, nor ceremony forbids, the heart from declaring its sentiments. Pocahuntas readily gave her consent ; Dale encouraged the al- liance, and Powhatan did not disapprove it. The marriage was celebrated with extraordinary pomp ; and from that period a friendly correspondence sub- sisted between the colony and all the tribes subject to Powhatan, or that stood in awe of his power. Rolfe and his princess (for by that name the writers of the last age always distinguish her) set out for England, where she was received by James and his queen with the respect suited to her birth. Being carefully instructed in the principles of the Christian faith, she was publicly baptized, but died a few years after, on her return to America, leaving one son, from whom are sprung some of the most respectable,' families in Virginia, who boast of their descent from the race of the ancient rulers of their country. But notwithstanding the visible good effects of that al- liance, none of Rolfe's countrymen seem to have imi- tated the example which he set them, of intermarry- ing with the natives. Of all the Europeans who have settled in America, the English have availed themselves least of this obvious method of con- ciliating the 'affection of its original inhabitants ; and, either from the shyness conspicuous in their na- tional character, or from the want of that pliant fa- cility of manners which accommodates itself to every situation, they have been more averse than the French and Portuguese, or even the Spaniards, from incor- porating with the native Americans. The Indians, courting jsuch an union, oftx-red their daughters in marriage to their new guests : and when they did not accept of the proffered alliance, they naturally imputed it to pride, and to their contempt of them as an inferior order of beings. During the interval of tranquillity procured by the alliance with Powhatan, an important change was made in the state of the colony. Hitherto no right of private property in land had been established. The fields that were cleared had been cultivated by the joint labour of the colonists ; their product was carried to the common storehouses, and distributed weekly to every family, according to its number and exigencies. A society, destitute of the first advant age resulting from soc'ial union, was not formed to prosper. Industry, when not excited by the idea of property in what was acquired by its own efforts, made no vigorous exertion. The head had no in- ducement to contrive, n:>r the hand to labour. The idle and the improvident trusted entirely to what was issued from the common store ; the assiduity even of the sober and attentive relaxed when they perceived that others were to reap the fruit of their toil ; and it was computed, that the united industry of the colony did not accomplish as much work in a week as might have been performed in a day, if each individual had laboured on his own account. In order to remedy this, Sir Thomas Dale divided a considerable por- tion of the land into small lots, and granted one of these to each individual in full property. From the moment that industry had the certain prospect of a recompencc, it advanced with rapid progress. The articles of primary necessity were cultivated with so much attention as secured the means of subsistence ; and such schemes of improvement were formed as prepared the way for the introduction of opulence into the colony. The industrious spirit which began to rise among the planters was soon directed towards a new object; and they applied to it for some time with such incon- siderate ardour as was productive of fatal conse- quences. The culture of tobacco, which has since become the staple of Virginia, and the source of its prosperity, was introduced about this time into the colony. As the taste for that weed continued to in- crease in England, notwithstanding the zealous decla- THE HISTORY OF AMERICA. 217 fruitions of James against it, the tobacco imported from Virginia came to a ready market ; and though it was so much inferior in quality or in estimation to that raised by the Spaniards in the West Indian islands, that a pound of the latter sold for eighteen shillings, and of the former for no more than three shillings, it yielded a considerable profit. Allured by the prospect of such a certain and quick return, every other species of industry was neglected. The land which ought to have been reserved for raising provisions, and even the streets of James town, were planted with tobacco. Various regulations v/ere framed to restrain this ill-directed activity. But, from eagerness for present gain, the planters disre- garded every admonition. The means of subsistence became so scanty as forced them to renew their de- man, Is upon the Indians, who seeing no end of those exactions, their antipathy to the English name re- vived with additional rancour, and they began to form schemes of vengeance with a secrecy and silence peculiar to Americans. Meanwhile the colony, notwithstanding this error in its operations, and the cloud that was gathering over its head, continued to wear an aspect of prospe- rity. Its numbers increased by successive migra- tions; the quantity of tobacco exported became every year more considerable, and several of the planters were not only in an easy situation, but advancing fast to opulence ; and by two events, which happened nearly at the same time, both population and indus- try were greatly promoted. As few women had hi- therto ventured to encounter the hardships which were unavoidable in an unknown and uncultivated country, most of the colonists, constrained to live single, considered themselves as no mure than so- journers in a land to which they were not attached by the tender tics of a family and children. In order to induce them to settle there, the company took advantage of the apparent tranquillity in thu country, to send out a considerable number of young women, of humble birth indeed, but of unexception- able character, and encouraged the planters, by pre- miums and immunities, to marry them. These new companions were received with such fondness, and many of them so comfortably established, as invited others to follow their example; and by degrees, thoughtless adventurers, assuming the sentiments of virtuous citizens and of provident fathers of families, became solicitous about the prosperity of a country- winch they now considered as their own. As the colonists began to form more extensive plans of in- dustry, they were unexpectedly furnished with means of executing them with greater facility. A Dutch ship from the coast of Guinea having sailed up James river, sold a part of her cargo of negroes to the plan- ters ; and as that hardy race was found more capable of enduring fatigue under a sultry climate than Eu- ropeans, their number has been increased by conti- nual importation; their aid seems now to be essential to the existence of the colony, and the greater part of field-labour in Virginia is performed by servile hands. But as the condition of the colony improved the spirit of its members became more independent. To Englishmen the summary and severe decisions of martial law, however tempered by the mildness of their governors, appeared intolerably oppressive ; and they longed to recover the privileges to which they had been accustomed under the liberal form of government in their native country. In compliance with this spirit Sir George Yeardley, in the year 1619, called the first general assembly that was ever THE HISTORY OF AMERICA, No. 28. held in Virginia ; and the numbers of the people were now so increased, and their settlements so^dis- persed, that eleven corporations appeared by their representatives in this convention, where they were permitted to assume legislative power, and to exer- cise the noblest function of free men. The laws enacted in it seem neither to have been many nor of great importance ; but the meeting was highly ac- ceptable to the people, as they now behold among themselves an imago of the English constitution, which they reverenced as the most perfect model of free government. In order to render this resem- blance more complete, and the rights of the planters more certain, the company issued a charter or ordi- nance, which gave a legal and permanent form to the government of the colony. The supreme legis- lative authority in Virginia, in imitation of that in Great Britain, was divided, and lodged partly in the governor, who held the place of the sovereign ; partly in a council of state named by the company, which possessed some of the distinctions, and exer- cised some of the functions belonging to the peerage ; partly in a general council or assembly composed of the representatives of the people, in which were vested powers and privileges similar to those of the House of Commons. In both those councils all questions were to be determined by the majority of voices, and a negative was reserved to the governor ; hut no law or ordinance, though approved of by all the three members of the legislature, was to be of force until it was ratified in England by a general court of the company, and returned under its seal. Thus the constitution of the colony was fixed, and the members of it are henceforth to be considered, not merely as servants of a commercial company dependent on the will and orders of their superior, but as free men and citizens. The natural efi'ect of that happy change in their condition was an increase of their industry. The product of tobacco in Virginia was now equal, not only to the consumption of it in Great Britain, but could furnish some quantity for a foreign market. The company opened a trade for it with Holland, and established warehouses for it in Midflleburg and Flushing. James and his privy council, alarmed at seeing the commerce of a commodity, for which the demand was daily increasing, turned into a channel that tended to the diminution of the revenue, by depriving it of a considerable duty imposed on the importation of tobacco, interposed with vigour to check this innovation. Some expedient was found, by which the matter was adjusted for the present ; but it is remarkable as the first instance of a differ- ence in sentiment between the parent- state and the colony, concerning their respective rights. The former concluded that the trade of the colony should :>e confined to England, and all its productions be .anded there. The latter claimed not only the gene- ral privilege of Englishmen to carry their commodi- ties to the best market, but pleaded the particular concessions in their charter, by which an unlimited freedom of commerce seemed to be granted to them. The time for a more full discussion of this important question was not yet arrived. But while the colony continued to increase so fast, that settlements were scattered not only along the banks of James and York rivers, but began to extend to the Rapahannock, and even to the Potowmack, ;he English, relying on their own numbers, and de- ceived by this appearance of prosperity, lived in full security. They neither attended to the move- ments of the Indians, nor suspected their machina- '2F 218 THE HISTORY OF AMERICA. tions; and though surrounded by a people whom they might have known from experience to be both artful and vindictive, they neglected every precaution for their own safety that was requisite in such a situa- tion. Like the peaceful inhabitants of a society completely established, they were no longer soldiers but citizens, and were so intent on what was subser- vient to the comfort or embellishment of civil life, that every martial exercise began to be laid aside as unnecessary. The Indians, whom they commonly employed as hunters, were furnished with fire-arms, and taught to use them with dexterity. They were permitted to frequent the habitations of the English at all hours, and received as innocent visitants whom there was no reason to dread. This inconsiderate security enabled the Indians to prepare for the exe- cution of that plan of vengeance, which they medi- tated with all the deliberate forethought which is agreeable to their temper. Nor did they want a leader capable of conducting their schemes with address. On the death of Powhatan, in the year 1618, Opechancanough succeeded him, not only as wirowanee, or chief of his own tribe, but in that extensive influence over all the Indian nations of Virginia, which induced the English writers to dis- tinguish him by the name of Emperor. According to the Indian tradition he was not a native of Vir- ginia, but came from a distant country to the south- west, possibly from some province of the Mexican empire. But as he was conspicuous for all the qua- lities of highest estimation among savages, a fearless courage, great strength and agility of body, and crafty policy, he quickly rose to eminence and power. Soon after his elevation to the supreme command, a general massacre of the English seems to have been resolved upon ; and during four years the means of perpetrating it with the greatest facility and success were concerted with amazing secrecy. All the tribes contiguous to the English settlements were succes- sively gained, except those on the eastern shore, from whom, on account of their peculiar attachment to their new neighbours, every circumstance that might discover what they intended was carefully concealed. To each tribe its station was allotted, and the part it was to act prescribed. On the morn- ing of the day consecrated to vengeance, each was at the place of rendezvous appointed, while the Eng- lish were so little aware of the impending destruc- tion, that they received with unsuspicious hospitality several persons sent by Opechancanough, under pre- text of delivering presents of venison and fruits, but in reality to observe their motions. Finding them perfectly secure, at mid-day, tho moment that was previously fixed for this deed of horror, the Indian rushed at once upon them in all their different set- tlements, and murdered men, women, and children, with undistinguishing rage, and that rancorous cru- elty with which savages treat their enemies. In one hour nearly a fourth part of the whole colony was cut off, almost without knowing by whose hands they fell. The slaughter would have been universal, il compassion or a sense of duty had not moved a con- verted Indian, to whom the secret was communi- cated the night before the massacre, to reveal it to his master in such time as to save James town and some adjacent settlements ; and if the English in other districts had not run to their arms with resolu- tion prompted by despair, and defended themselve so bravely as to repulse their assailants, who, in the execution of their plan, did not discover courage equal to the sagacity and art with which they hi " concerted it. But though the blow was thus prevented from de- scending with its full effect, it proved very grievous to an infant colony. In some settlements not a single Englishman escaped. Many persons of prime note in the colony, and, among these several mem- bers of the council, were slain. The survivors, over- whelmed with grief, astonishment, and terror, aban- doned all their remote settlements, and crowding to- gether for safety to James town, did not occupy a territory of greater extent than had been planted soon after the arrival of their countrymen in Virgi- nia. Confined within those narrow boundaries, they were less intent on schemes of industry than on thoughts of revenge. Every man took arms. A " loody war against the Indians commenced ; and, ent on exterminating the whole race, neither old nor young were spared. The conduct of the Spa- niards in the southern regions of America was openly >roposed as the most proper model to imitate ; and egardless, like them, of those principles of faith, lonour, and humanity, which regulate hostility among civilized nations and set bounds to its rage, he English deemed everything allowable thct tended o accomplish their design. They hunted the Indians .ike wild beasts rather than enemies; and as the pur- suit of them to their places of retreat in the woods, which covered the country, was both difficult and dangerous, they endeavoured to allure them from their inaccessible fastnesses by offers of peace and promises of oblivion, made with such an artful ap- pearance of sincerity as deceived their crafty leader, and induced them to return to their former settle- ments, and resume their usual peaceful occupations. The behaviour of the two people seemed now to be perfectly reversed. The Indians, like men ac quainted with the principles of integrity and good faith, on which the intercourse between nations is founded, confided in the reconciliation, and lived in absolute security without suspicion of danger; while the English, with perfidious craft, were preparing to imitate savages in their revenge and cruelty. On the approach of harvest, when they knew an hostile attack would be most formidable and fatal, they fell suddenly upon all the Indian plantations, murdered every person on whom they could lay hold, and drove the rest to the woods, where so many perished with hunger, that some of the tribes nearest to the English were totally extirpated. This atrocious deed, which the perpetrators laboured to represent as a necessary act of retaliation, was followed by some happy effects. It delivered the colony so entirely from any dread of the Indians, that its settlements began again to extend, and its industry to revive. But unfortunately at this juncture the state of the company in England, in which the property of Vir ginia and the government of the colony settled there were vested, prevented it from seconding the efforts of the planters, by such a reinforcement of men and such a supply of necessaries, as were requisite to re- place what they had lost. The company was origi- nally composed of many adventurers, and increased so fast by the junction of new members, allured by the prospect of gain, or the desire of promoting a scheme of public utility, that its general courts formed a numerous assembly. The operation of every poli- tical principle and passion that spread through the kingdom was felt in those popular meetings, and influenced their decisions. As towards the close of James's reign more just and enlarged sentiments with respect to constitutional liberty were diffused among the people, they came to understand their rights better and to assoit them with greater bold THE HISTORY OF AMERICA. ness ; a distinction formerly Little known, but now familiar in English policy, began to be established between the court and country parties, and the lead- ers of each endeavouied to derive power and conse- quence from every quarter. Both exerted themselves with emulation, in order to obtain the direction of a body so numerous and respectable as the company of Virginian adventurers. In consequence of this, busi- ness had been conducted in every general court for some years, not with the temperate spirit of mer- chants deliberating concerning their mutual interest, but with the animosity and violence natural to nume- rous assemblies, by which rival factions contend for superiority. As the king did not often assemble the great council of the nation in parliament, the general courts of the company became a theatre on which popular orators displayed their talents; the procla- , mations of the crown and acts of the privy council, { with respect to the commerce and police of the colony, were canvassed there with freedom, and cen- sured with severity, ill-suited to the lofty ideas which James entertained of his own wisdom and the extent of his prerogative. In order to check this growing spirit of discussion the ministers employed all their address and influence to gain as many members of the company as might give them the direction of their deliberations. But so unsuccessful were they in this attempt that every measure proposed by them was reprobated by a vast majority, and sometimes without any reason but because they were the pro- posers of it. James, little favourable to the power of any popular assembly, and weary of contending with one over which he had laboured in vain to obtain an ascendant, began to entertain thoughts of dissolv- ing the company, and new-modelling its constitution. Pretexts, neither unplausible nor destitute of some foundation, seemed to justify this measure. The slow progress of the colony, the large sums of money expended, and great number of men who had pe- rished in attempting to plant it, the late massacre by the Indians, and every disaster that had befallen the English from their first migration to America, were imputed solely to the inability of a numerous com- pany to conduct an enterprise so complex and ar- duous. The nation felt sensibly its disappointment ill a scheme in which it had engaged with sanguine expectations of advantage, and wished impatiently for such an impartial scrutiny into former proceed- ings as might suggest more salutary measures in the future administration of the colony. The present state of its affairs, as well as the wishes of the people, seemed to call for the interposition of the crown ; and James, eager to display the superiority of his royal wisdom, in correcting those errors into which the company had been betrayed by inexperience in the arts of government, boldly undertook the work of reformation. Without regarding the rights con- veyed to the company by their charter, and without the formality of any judicial proceeding for annulling it, he, by virtue of his prerogative, issued a commis- sion, empowering some of the judges and other per- sons of note, to examine into all the transactions of the company from its first establishment, and to lay the result of their inquiries, together with their opi- nion concerning the most effectual means of render- ing the colony more prosperous, before the privy council. At the same time, by a strain of authority still higher, he ordered all the records and papers oi the company to be seized, and two of its principal officers to be arrested. Violent and arbitrary as these acts of authority may now appear, the comniis sioners carried on their inquiry without any obstruc- tion but what arose from some feeble and ineffectual remonstrances of the company. The commissioner?, though they conducted their scrutiny with much ac- tivity and vigour, did not communicate any of their proceedings to the company ; but their report, with respect to its operations, seems to have been very uui'avourable, as the king, in consequence of it, sig- nified to the company his intention of vesting the supreme government of the company in a governor and twelve assistants, to be resident in England, and the executive power in a council of twelve, which should reside in Virginia. The governor and assist- ants were to be originally appointed by the king. Future vacancies were to be supplied by the gover- nor and his assistants, but their nomination was not to take effect until it should be ratified by the privy council. The twelve councillors in Virginia were to be chosen by the governor and assistants ; and this choice was likewise subjected to the review of the privy council. With an intention to quiet the minds of the colonists it was declared that private property should be deemed sacred ; and for the more effectual security of it all grants of lauds from the former company were to be confirmed by the new one. In order to facilitate the execution of this plan, the kirg required the company instantly to surrender itss charter into his hands. But here James and his ministers encountered a spirit of which they seem not to have been aware. They found the members of the company unwilling tamely to relinquish rights of franchises, conveyed to them with such legal formality, that upon faith iu their validity they had expended considerable sums ; and still more averse to the abolition of a popular brm of government, in which every proprietor had a voice, in order to subject a colony, in which they >vere deeply interested, to the dominion of a small junto absolutely dependent on the crown. Neither promises nor threats could induce them to depart Tom these sentiments; and in a general court the dug's proposal was almost unanimously rejected, and i resolution taken to defend to the utmost their char , jered rights, if these should be called in question in any court of justice. James, highly offended at their ^resumption in daring to oppose his will, directed a writ of quo warrants to be issued against the com- >any, that the validity of its charter might be tried n the court of King's Bench ; and in order to aggra- vate the charge, by collecting additional proofs of mal-administration, he appointed some persons iu whom he could confide, to repair to Virginia to in- spect the state of the colony, and inquire into the conduct of the company, and of its officers there. The law-suit in the King's Bench did not hang long in suspense. It terminated, as was usual in that reign, in a decision perfectly consonant to the wishes of the monarch. The charter was forfeited, the company was dissolved, and all the rights and privileges conferred upon it returned to the king, from whom they flowed. Some writers, particularly Stith, the most intelli- gent and best informed historian of Virginia, men- tion the dissolution of the company as a most disas- trous event to the colony. Animated with liberal sentiments, imbibed in an age when the principles of liberty were more fully unfolded than under the reigu of James, they viewed his violent and arbitrary pro- ceedings on this occasion with such indignation, that their abhorrence of the means which he employed to accomplish his design seems to have rendered them incapable of contemplating its effects with discern- 220 THE HISTORY OF AMERICA. nicnt and candour. There is not perhaps any mode of governing an infant colony less friendly to its liberty, than the dominion of an exclusive corpora- tion possessed of all the powers which James had conferred upon the company of adventurers in Vir- ginia. During several years the colonists can hardly be considered in any other light than as servants to the company, nourished out of its stores, bound im- plicitly to obey its orders, and subjected to the most rigorous of all forms of government, that of martial law. Even after the native spirit of Englishmen began to rouse under oppression, and had extorted from their superiors the right of enacting laws for the government of that community of which they were members, as no act, though approved of by all the branches of the provincial legislature, was held to be of legal force until it was ratiiied by a general court in England, the company still retained the pa- ramount authority in its own hands. Nor was the power of the company more favourable to the pros- perity of the colony than to its freedom. A nume- rous body of merchants, as long as its operations are purely cjmmcrcial, may carry them on with discern- ment and success. But the mercantile spirit seems ill adapted to conduct an enlarged and liberal plan of civil policy, and colonies have seldom grown up to maturity and vigour under its narrow and inte- rested regulations. To the unavoidable defects in administration which this occasioned, were added errors arising from inexperience. The English mer- chants of that age had not those extensive views which a general commerce opens to such as have the direction of it. When they first began to venture out of the beaten track, they groped their way with timidity and hesitation. Unacquainted with the cli- mate and soil of America, and ignorant of the pro- ductions best suited to them, they seem to have had no settled plan of improvement, and their schemes were continually varying. Their system of govern- ment was equally lluctuating. In the course of eighteen years ten difl'erent pei'sons presided over the province as chief governors. No wonder that, under such administration, all the efforts to give vi- gour and stability to the colony should prove abor- tive, or produce only slender effects. These efforts, however, when estimated according to the ideas of that age, cither with respect to commerce or to poli- cy, were very considerable, and conducted with as- tonishing perseverance. Above an hundred and fifty thousand pounds were expended in this first attempt to plant an English colony in America; and more than nine thousand persons were ,sent out from the mother country to people this new settlement. At the dissolution of the company the nation, in return for this waste of treasure and of people, did not receive from Virginia an annual importation of commodities exceeding twenty thousand pounds in value ; and the colony was so far from having added strength to the state by an increase of population, that in the year one thousand six bundled and twenty-four scarcely two thousand persons survived; a wretched remnant of the numerous emigrants who had flocked thither with sanguine expectations of a very different fate. The company, like all unprosperous societies, fell unpitied. The violent hand with which prerogative had invaded its rights was forgotten, and new pros- pects of success opened, under a form of government exempt from all the defects to which past disasters were imputed. The king and the nation concurred with equal ardour iu resolving to encourage the co- louy. Soon after the final judgment in the court of King's Bench against the company James appointed a council of twelve persons to take the temporary direction of affairs in Virginia, that he might have leisure to frame with deliberate consideration proper regulations for the permanent government of the colony. Pleased with such an opportunity of exer- cising his talents as a legislator, he began to turn his ! attention towards the subject; but death prevented him from completing his plan. Charles I. on his accession to the throne, adopted ! all his father's maxims with respect to the colony in j Virginia. He declared it to be a part of the empire annexed to the crown, and immediately subordinate to its jurisdiction ; he conferred the title of governor on Sir George Yardely, and appointed him, in con- junction with a council of twelve and a secretary, to exercise supreme authority there, and enjoined them to conform, in every point, to such instructions as from time to time they might receive from him. From the tenor of the king's commission, as well as from the known spirit of his policy, it is apparent that he intended to vest every power of government, both legislative and executive, in the governor and council, without recourse to the representatives of the people, as possessing a right to enact laws for the community, or to impose taxes upon it. Yardely and his council, who seem to have been fit instru- ments for carrying this system of arbitrary rule into execution, did not fail to put such a construction on the words of their commission as was most favoura ble to their own jurisdiction. During a great part of Charles's reign, Virginia knew no other law than the will of the sovereign. Statutes were published, and taxes imposed, without once calling the repre- sentatives of the people to authorize the-m by their sanction. At the same time that the colonists were bereaved of political rights, which they deemed csscr. tial to freemen and citizens, their private property was violently invaded. A proclamation was issued by which, under pretexts equally absurd and frivo- lous, they were prohibited from selling tobacco to any person but certain commissioners appointed 1/y the king to purchase it on his account; and they had the cruel mortification to behold the sovereign, who should have afforded them protection, engross all the profits of their industry, by seizing the only valuable commodity which they had to vend, and retaining the monopoly of it in his own hands. While the staple of the colony in Virginia sunk in value under the oppression and restraints of a monopoly, pro- perty inland was rendered insecure by various grants of it, which Charles inconsiderately bestowed upon his favourites. These were not oniy of such exorbi- tant extent as to be unfavourable to the progress of cultivation ; but from inattention, or imperfect ac- quaintance with the geography of the country, their boundaries were so inaccurately defined, that large tracts already occupied and planted were often in- cluded in them. The murmurs and complaints which such a system of administration excited were augmented by the rigour with which Sir John Harvey, who succeeded Yardely in the government of the colony, enforced every act of power. Rapacious, uni'ceiiiu!,-, and haughty, he added insolence to oppression, and nei- ther regarded the sentiments nor listened to the re- monstrances of the people under his command. The colonists, far from the seat of government, and over- awed by authority derived from a royal commission, submitted long to his tyranny and exactions. Their patience was at last exhausted; and in a transpoit of popular rage and indignation -they seized their go- THE HISTORY OF AMERICA. vcrnor, and sent him a prisoner to England, accom- panied by two of (heir number, whom they deputed to prefer their accusations against him to the king. But this attempt to redress their own wrongs, by a proceeding so summary and violent as is hardly con- sistent with any idea of regular government, and can be justified only in cases of such urgent necessity as rarely occur in civil society, was altogether repug- nant to every notion which Charles entertained with respect to the obedience due by subjects to their sovereign. To him the conduct of the colonists ap- peared to be not only an usurpation of his right to judge and to punish one of his own officers, but an open and audacious act of rebellion against his au- thority. Without deigning to admit their deputies into his presence, or to hear one article of their charge against Harvey, the king instantly sent him back to his former station, with an ample renewal of all the powers belonging to it. But though Charles deemed this vigorous step necessary in order to as- sert his own authority, and to testify his displeasure with those who had presumed to offer such an insult to it, he seems to have been so sensible of the griev- ances under which the colonists groaned, and of the chief source from which they flowed, that soon after he not only removed a governor so justly odious to them, but named as a successor Sir William Berke- ley, a person far superior to Harvey in rank and abilities, and still more distinguished by possessing all the popular virtues to which the other was a stranger. Under his government the colony in Virginia re- mained, with some short intervals of interruption, almost forty years ; and to his mild and prudent ad- ministratuln its increase and prosperity are in a great measure to be ascribed. It was, indebted, however, to the king himself Tor such a reform of its constitu- tion and policy, as gave a different aspect, to the colony, and animated all its operations with new spirit." Though tlio tenor of Sir William Berkeley's commission was the same with that of his predeces- sor, he received instructions under the great seal, by which he was empowered to declare, that in all its concerns, civil as well as ecclesiastical, the colony was to be governed according to the laws of Eng- land; he was directed to issue writs for electing re- presentatives of the people, who, in conjunction with the governor and council, were to form a general assembly, and to possess supreme legislative autho- rity in the community ; he was ordered to esta- blish courts of justice, in which all questions, whether civil or criminal, were to be decided agreeably to the forms of judicial procedure in the mother country. It is not easy to discover what were the motives which induced a monarch, tenacious in adhering to any opinion or system which he had once adopted, jealous to excess of his own rights, and adverse on every occasion to any extension of the privileges claimed by his people, to relinquish his original plan of administration in the colony, and to grant such immunities to his subjects settled there. From the historians of Virginia, no less superficial than ill informed, no light can be derived with respect to this point. It is most probable the dread of the spirit then rising in Great Britain extorted from Charles concessions so favourable to Virginia. After an in- termission 'of almost twelve years the state of his affairs compelled him to have recourse to the great c mncil of the nation. There his subjects would find a jurisdiction independent of the crown, and able to controul its authority. There they hoped for legal redress of all their grievances. As the colonists in Virginia had applied for relief to a former parlia- ment, it might be expected with certainty that they would lay their case before the first meeting of an assembly in which they were secure of a favourable audience. Charles knew that if the spirit of his ad- ministration in Virginia were to be tried by the maxims of the English constitution, it must be se- verely reprehended. He was aware that many mea- sures of greater moment in his government would be brought under a strict review in parliament ; and, unwilling to give malcontents the advantage of add- ing a charge of oppression in the remote parts of his dominions to a catalogue of domestic grievances, he artfully endeavoured to take the merit of having granted voluntarily to his people in Virginia such privileges as he foresaw would be extorted from him. But though Charles established the internal go- vernment of Virginia on a model similar to that of the English constitution, and conferred on his sub- jects there all the rights of freemen and citizens, he was extremely solicitous to maintain its connexion with the parent state. With this view he instructed Sir William Berkeley strictly to prohibit any com merce of the colony with foreign nations ; and in order more certainly to secure exclusive possession of all the advantages arising from the sale of its pro- ductions, he was required to take a bond from the master of each vessel that sailed from Virginia to land his cargo in some part of the king's dominions in Europe. Even under this restraint, such is the kindly influence of free government on society, the colony advanced so rapidly in industry and popula- tion, that at the beginning of the civil war the Eng- lish settled in it exceeded twenty thousand. Gratitude towards a monarch from whose hands they had received immunities which they had long wished but hardly expected to enjoy, the influence and example of a popular governor, passionately de- voted to the interests of his master, concurred in preserving inviolated loyalty among the colonists. Even after monarchy was abolished, after one king had been beheaded, and another driven into exile, the authority of the crown continued to be acknow- ledged and revered in Virginia. Irritated at this open defiance of its power, the parliament issued an ordinance, declaring, that as the settlement in Vir- ginia had been made at the cost and by the people of England, it ought to be subordinate to and depend- ent upon the English commonwealth, and subject to such laws and regulations as are or shall be made in parliament ; that, instead of this dutiful submission, the colonists had disclaimed the authority of the slate and audaciously rebelled against it ; that on this account they were denounced notorious traitors, and not only all vessels belonging to natives of England but those of foreign nations were prohibited to enter their ports, or to carry on any commerce with them. It was not the mode of that age to wage a war of words alone. The efforts of a high-spirited govern- ment in asserting its own dignity were prompt and vigorous. A powerful squadron, with a considerable body of land forces, was despatched to reduce the Virginians to obedience. After compelling the co- lonies in Barbadoes and the other islands to submit to the commonwealth, the squadron entered the bay of Chesapeak. Berkeley, with more courage than prudence, took arms to oppose this formidable arma- ment ; but he could not long maintain such an un- equal contest. His gallant resistance, however, pro cured favourable terms to the people under his go- vernment. A general indemnity for all past offences was granted; they acknowledged the authority of 222 THE HISTORY OF AMERICA. the commonwealth, and were admitted to a partici- pation of all tho rights enjoyed by citizens. Berke- ley, firm to his principles of loyalty, disdained to make any stipulation for himself ; and choosing to pass his days far removed from the seat of a go- vernment which he detested, continued to reside in Virginia as a private man, hcloved and respected by all over whom he had formerly presided. Not satisfied with taking measures to subject the colonies, the commonwealth turned its attention to- wards thf most effectual mode of retaining them in dependence on the parent state, and of securing to it the benefit of their increasing commerce. With this view the parliament framed two laws, one of which expressly prohibited all mercantile intercourse be- tween the colonies and foreign states, and the other ordained that no production of Asia, Africa, or Ame- rica should be imported into the dominions of the commonwealth but in vessels belonging to English owners, or to the people of the colonies settled there, and navigated by an English commander, and by crews of which the greater part must be English- men. But while the wisdom of the commonwealth prescribed the channel in which the trade of the co- lonies was to be carried on, it was solicitous to encou- rage the cultivation of the staple commodity of Vir- ginia by an act of parliament, which gave legal force to all the injunctions of James and Charles against planting tobacco in England. Under governors appointed by the commonwealth, or by Cromwell when he usurped the supreme power, Virginia remained almost nine years in perfect tranquillity. During that period many ad- herents to the royal party, and among these some gentlemen of good families, in order to avoid danger and oppression to which they were exposed in Eng- land, or in hopes of repairing their ruined fortunes, resorted thither. Warmly attached to the cause for which they had fought and suffered, and animated with all the passions natural to men recently en- gaged in a fierce and long protracted civil war, they, by their intercourse with the colonists, confirmed them in principles of loyalty, and added to their impatience and indignation under the restraints im- posed on their commerce by their new masters. On the death of Matthews, the last governor named by Cromwell, the sentiments and inclination of the people, no longer under the controul of authority, burst out with violence. They forced Sir William Berkeley to quit his retirement; they unanimously elected him governor of the colony ; and as he re- fused to act under an usurped authority, they boldly erected the royal standard, and acknowledging Charles II. to be their lawful sovereign, proclaimed him with all his titles ; and the Virginians long boasted, that as they were the last of the king's sub- jects who renounced their allegiance, they were the first who returned to their duty. Happily for the people of Virginia, a revolution in England, no less sudden and unexpected, seated Charles on the throne of his ancestors, and saved them from the severe chastisement to which their premature declaration in his favour must have ex- posed them. On receiving the first account of this event, the joy and exultation of the colony were uni- versal and unbounded. These, however, were not of long continuance. Gracious but unproductive pro- fessions of esteem and good will were the only return made by Charles to loyalty and services which in their own estimation were so distinguished that no recompencc was beyond what they might claim. If the king's neglect and ingratitude disappointed all the sanguiue hopes which their vanity had founded on the merit of their past conduct, the spirit which influenced parliament in its commercial deliberations opened a prospect that alarmed them with respect to their future situation. In framing regulations for the encouragement of trade, which, during the con- vulsions of civil war, and amidst continual fluctua- tions in government, had met with such obstruction that it declined in every quarter; the House of Commons, instead of granting the colonies that re- lief which they expected from the restraints in their commerce imposed by the commonwealth and Crom- well, not only adopted all their ideas concerning this branch of legislation, but extended them further. This produced the act of navigation, the most im- portant and memorable of any in the statute-book with respect to the history of English commerce. By it, besides several momentous articles foreign to the subject of this work, it was enacted, that no com- modities should be imported into any settlement in Asia, Africa, or America, or exported from them, but in vessels of English or plantation built, whereof the master and three-fourths of the mariners shall be English subjects, under pain of forfeiting ship and goods; that none but natural-born subjects, or such as have been naturalized, shall exercise the occupa- tion of merchant or factor in any English settlement, under pain of forfeiting their goods and chattels ; that no sugar, tobacco, cotton, wool, indigo, ginger, or woods used in dyeing, of the growth or manu- facture of the colonies, shall be shipped from them to any other country but England ; and in order to se- cure the performance of this, a sufficient bond, with one surety, shall be given before sailing by the owners, for a specific sum proportional to the rate of the vessel employed by them, The productions sub- jected to this restriction are distinguished, in the language of commerce and finance, by the name of enumerated commodities, and as industry in its pro- gress furnished new articles of .value, these have been successively added to the roll, and subjected to the same restraint Soon after, the act of naviga- tion was extended, and additional restraints were imposed, by a new law, which prohibited the im- portation of any European commodity into the co- lonies, but what was laden in England in vessels navigated and manned as the act of navigation re- quired. More effectual provision was made by this law for enacting the penalties to which the trans- gressors of the act of navigation were subjected; and the principles of policy, on which the various re- gulations contained in both statutes are founded, were openly avowed in a declaration, that as the plantations beyond seas are inhabited and peopled by subjects of England, they may be kept in a firmer dependence upon it, and rendered yet more beneficial and advantageous unto it, in the further employment and increase of English shipping and seamen, as well as in the vent of English woollen and other manufactures and commodities ; and in making England a staple, not only of the commodi- ties of those plantations, hut also of the commodities of other countries and places, for the supplying of them; and itbeing the usage of other nations to keep the trade of their plantations to themselves. In pro- secution of those favourite maxims, the English le- gislature proceeded a step further. As the act of na- vigation had left the people of the colonies at liberty to export the enumerated commodities from one plantation to another without paying any duty, it subjected them to a tax equivalent to what was paid by the consumers of these commodities in England. THE HISTORY OP AMERICA. 223 By these successive regulations, the plan of sc- ' curing to England a monopoly of the commerce with j its colonies, and of shutting up every other channel into which it might be diverted, was perfected, and reduced into a complete system. On one side of the Atlantic these regulations have been extolled as an extraordinary effort of political sagacity, and have been considered as the great charter of national com- merce, to which the parent state is indebted for all its opulence and power. On the other, they have , been execrated as a code of oppression, more suited to the illiberality of mercantile ideas than to exten- sive views of legislative wisdom. Which of these opinions is best founded, I shall examine at large in another part of this work. But in writing the his- tory of the English settlements in America, it was necessary to trace the progress of those restrain- ing laws with accuracy, as in every subsequent transaction we may observe a perpetual exertion, on | the part of the mother-country, to enforce and ex- tend them ; and on the part of the colonies, en- deavours no less unremitting to elude or to obstruct their operation. Hardly was the act of navigation known in Vir- ginia, and its effects begun to be felt, when the co- lony remonstrated against it as a grievance, and pe- titioned earnestly for relief. But the commercial ideas of Charles and his ministers coincided so per- fectly with those of parliament, that, instead of listening with a favourable ear to their applications, they laboured assiduously to carry the act into strict execution. For this purpose, instructions were issued to the governor, forts were built on the banks of the principal rivers, and small vessels appointed to cruise on the coast. The Virginians, seeing no prospect of obtaining exemption from the act, set themselves to evade it; and found means, notwith- standing the vigilance with which they were watched, of carrying on a considerable clandestine trade with foreigners, particularly with the Dutch settled on Hudson's river. Imboldened by observing disaffec- tion spread through the colony, some veteran soldiers who had served under Cromwell, and had been banished to Virginia, formed a design of rendering themselves masters of the country, and of asserting its independence on England. This rash project was discovered by one of their associates, and dis- concerted by the vigorous exertions of Sir William Berkeley. But the spirit of discontent, though re- pressed, was not extinguished. Every day some- thing occured to revive and to nourish it. As it is with extreme difficulty that commerce can be turned into a new channel, tobacco, the staple of the colony, sunk prodigiously in value when they were compelled to send it all to one market. It was some time before England could furnish them regularly with full assort- ments of those necessary articles, without which the industry of the colony could not be carried on, or its prosperity secured. Encouraged by the symptoms of general languor and despondency which this de- clining state of the colony occasioned, the Indians seated towards the ends of the rivers ventured lirst to attack the remote settlements, and then to make incursions into the interior parts of the country. Unexpected as these hostilities were, from a people who during a long period had lived in friendship with the English, a measure taken by the king seems to have excited still greater terror among the most opulent people of the colony. Charles had impru- dently imitated the example of his father, by grant- ing such large tracts of land in Virginia to several of his courtiers, as tended to unsettle the distribu- tion of property in the country, and to render the title of the most ancient planters to their estates precarious and questionable. From those various causes, which in a greater or lesser degree affected every individual in the colony, the indignation of the people became general, and was worked up to such a pitch, that nothing was wanting to precipitate them into the most desperate acts but some leader qualified to unite and to direct their operations. Such a leader they found in Nathaniel Bacon, a colonel of militia, who, though he had been settled in Virginia only three years, had acquired, by po- pular manners, an insinuating address, and the consideration derived from having been regularly trained in England to the profession of law, such general esteem, that he had been admitted into the council, and was regarded as one of the most re- spectable persons in the colony. Bacon was ambi- tious, eloquent, daring, and, prompted either by honest zeal to redress the public wrongs, or allured by hopes of raising himself to distinction and power, he mingled with the malcontents ; and by his bold j harangues and confident promises of removing all 1 their grievances, he inflamed them almost to madness. ! As the devastation committed by the Indians was the calamity most sensibly felt by the people, he accused the governor of having neglected the proper mea- sures for repelling the invasions'of the savages, and exhorted them to take arms in their own defence, and to exterminate that odious race. Great num- bers assembled, and chose Bacon to be their gene- ral. He applied to the governor for a commission, confirming this election of the people, and offered to march instantly against the common enemy. Berkeley, accustomed by long possession of supreme command to high ideas of the respect due to his sta- tion, considered this tumultuary armament as an open insult to his authority, and suspected that, under specious appearances, Bacon concealed most dan- gerous designs. Unwilling, however, to give fur- ther provocations to an incensed multitude by a di rect refusal of what they demanded, he thought it prudent to negociate, in order to gain time ; and it was riot until he found all endeavours to soothe them ineffectual, that he issued a proclamation, requiring them, in the king's name, under the pain of being denounced rebels, to disperse. But Bacon, sensible that he had now advanced so far as rendered it impossible to recede with ho- nour or safety, instantly took the only resolution that remained in his situation. At the head of a chosen body of his followers, he marched rapidly to James town, and surrounding the house where the jgovernor and council were assembled, demanded the commission for which he had formerly applied. Berkeley, with the proud indignant spirit of a cava- lier, disdaining the requisitions of a rebel, perempto- rily refused to comply, and calmly presented his naked breast to the weapons which were pointed against it. The council, however, foreseeing the fatal consequences of driving an enraged multitude, in whose power they were, to the last extremities of violence, prepared a commission constituting Bacon general of all the forces in Virginia, and by their entreaties prevailed on the governor to sign it. Bacon with his troops retired in triumph. Hardly was the council delivered by his departure from the dread of present danger, when, by a transition not unusual in feeble minds, presumptuous boldness succeeded to excessive fear. The commission granted to Bacon was declared to be null, having been extorted by force ; he was proclaimed a rebel, 224 THE HISTORY OF AMERICA. his followers were required to abandon his standard, and the militia ordered to arm, and to join the go- vernor. Enraged at conduct which he branded with the name of base and treacherous, Bacon, instead of continuing his march towards the Indian country, instantly wheeled about, and advanced with all his forces to James town. The governor, unable to re- sist such a numerous body, made his escape, and fled across the bay to Acomack on the eastern shore. Some of the counsellors accompanied him thither, others retired to their own plantations. Upon the flight of Sir William Berkeley, and dis- persion of the council, the frame of civil govern- ment in the colony seemed to be dissolved, and Bacon became possessed of supreme and uncon- trolled power. But as he was sensible that his countrymen would not long submit with patience to authority acquired and held merely by force of arms, he endeavoured to found it on a more constitutional basis, by obtaining the sanction of the people's ap- probation. With this view he called together the most considerable gentlemen in the colony, and hav- inf prevailed on them to bind themselves by oath to maintain his authority, and to resist every enemy that should oppose it, he from that time considered his jurisdiction as legally established. Berkeley, meanwhile, having collected some forces, made inroads into different parts of the colony where Bacon's authority was recognised. Several sharp conflicts happened with various success. James town was reduced to ashes, and the best cultivated districts in the province were laid waste, sometimes by one party, and sometimes by the other. But it was not by his own exertions that the governor hoped to terminate the contest. He had early trans- mitted an account of the transactions in Virginia to the king, and demanded such a body of soldiers as would enable him to quell the insurgents, whom he represented as so exasperated by the restraints im- posed on their trade, that they were impatient to shake off all dependence on the parent state. Charles, alarmed at a commotion no less dangerous than un- expected, and solicitous to maintain his authority over a colony the value of which was daily increas- ing and more fully understood, speedily despatched a small squadron with such a number of regular troops as Berkeley had required. Bacon and his followers received information of this armament, but were not intimidated at its approach. They boldly determined to oppose it with open force, and declared it to be consistent with their duty and allegiance, to treat all who should aid Sir William Berkeley as enemies, until they should have an opportunity of laying their grievances before their sovereign. But while both parties prepared, with equal ani- mosity, to involve their country in the horrors of civil war, an event happened, which quieted the commotion almost as suddenly as it had been ex- cited. Bacon, when ready to take the field, sicken- ed and died. None of his followers possessed such talents, or were so much objects of the people's con- fidence, as entitled them to aspire to the supreme command. Destitute of a leader to conduct and animate them, their sanguine hopes of success sub- sided ; mutual distrust accompanied this universal despondency ; all began to wish for an accommoda- tion ; and after a short negotiation with Sir William Berkeley, they laid down their arms, and submitted to his government, on obtaining a promise ofj general pardon, Thus terminated an insurrection, which, in tho annals of Virginia, is distinguished by the name of Bacon's rebellion. During seven months this dar- ing leader was master of the colony, while the royal governor was shut up in a remote and ill-peopled corner of it. What were the real motives that prompted him to take arms, and to what length he intended to carry his plans of reformation, either in commerce or government, it is not easy to discover in the scanty materials from which we derive our information with respect to this transaction. It is probable, that his conduct, like that of other adven- turers in faction, would have been regulated chiefly by events ; and accordingly as these proved favour- able or adverse, his views and requisitions would have been extended or circumscribed. Sir William Berkeley, as soon as he was rein- stated in his office, called together the representa- tives of the people, that by their advice and authority public tranquility and order might be perfectly es- tablished. Though this assembly met a few weeks after the death of Bacon, while the memory of reci- procal injuries was still recent, and when the pas- sions excited by such a fierce contest had but little time to subside, its proceedings were conducted with a moderation seldom exercised by the successful party in a civil war. No man suffered capitally ; a small number were subjected to fines ; others were declared incapable of holding any office of trust ; and with those exceptions the promise of general indemnity was confirmed by law. Soon after, Berkeley was recalled, and colonel Jefferys was appointed his successor. From that period to the revolution in 1G88, there is scarcely any memorable occurrence in the history of Virginia. A peace was concluded with the Indians. Under several successive governors, ad- ministration was carried on in the colony with the same arbitrary spirit that distinguished the latter years of Charles II. and the precipitate counsels of James II. The Virginians, with a constitution which in form resembled that of England, enjoyed hardly any portion of the liberty which that admira- ble system of policy is framed to secure. They were deprived oven of the last consolation of the op- pressed, the power of complaining, by a law which, under severe penalties, prohibited them from speak- ing disrespectfully of the governor, or defaming, either by words, or writing, the administration of the colony. Still, however, the laws restraining their commerce Avcre felt as an intolerable grie- vance, and they nourished in secret a spirit of discon- tent, which, from the necessity of concealing it, ac- quired a greater degree of acrimony. But notwith- standing those unfavourable circumstances, the colony continued to increase. The use of tobacco was now become general in Europe ; and though it had fallen considerably in price, the extent of de- mand compensated that diminution, and by giving constant employment to the industry of the planters, diffused wealth among them. At the revolution the number of inhabitants in the colony exceeded sixty thousand, and in the course of twenty-eight years_its population had been more than doubled. BOOK X. When James I., in the year one thousand six hundred and six, made that magnificent parti ti en which has been mentioned, of a vast region in North America, extending from the thirty-fourth to the forty-fifth degree of latitude, between two trading THE HISTORY OF AMERICA. 225 companies of his subjects, he established the residence of the one in London, and of the other in Plymouth. The former was authorized to settle in the southern, and the latter in the northern part of this territory, then distinguished by the general name of Virginia. This arrangement seems to have been formed upon the idea of some speculative refiner, who aimed at diffusing the spirit of industry, by fixing the seat of one branch of the trade that was now to be opened on the east coast of the island, and the other on the west. But London possesses such advantages of situation that the commercial wealth and activity of England have always centered in the capital. At the beginning of the last century the superiority of the metropolis in both these respects was so great, that though the powers and privileges conferred by the king on the two trading companies were pre- cisely the same, the adventurers settled in Plymouth fell far short of those in London in the vigour and success of their efforts towards accomplishing the purpose of their institution. Though the operations of the Plymouth company were animated by the public-spirited zeal of Sir John Popham, Chief Jus- tice of England, Sir Ferdinando Gorges, and some other gentlemen of the west, all its exertions were feeble and unfortunate. The first vessel fitted out by the company was taken by the Spaniards. In the year one thousand six hundred and seven a feeble settlement was made at Sagahadoc ; but on account of the rigour of the climate was soon relinquished, and for some time nothing further was attempted than a few fishing voyages to Cape Cod, or a pitiful traffic with the na- tives for skins and oil. One of the vessels equipped for this purpose was commanded by Captain Smith, whose name has been so often mentioned with dis- tinction in the history of Virginia. The adventure was prosperous and lucrative. But his ardent enter- prising mind could not confine its attention to ob- jects so unequal to it as the petty details of a trading | voyage. He employed a part of his time in explor- ing the coast, and in delineating its bays and har- bours. On his return he laid a map of it before Prince Charles, and, with the usual exaggeration of discoverers, painted the beauty and excellence of the country in such glowing colours that the young prince, in the warmth of admiration, declared that it should be called New England; a name which effaced that of Virginia, and by which it is still dis- tinguished. The favourable accounts of" the country by Smith. as well as the success of his voyage, seem to have encouraged private adventurers" to prosecute the trade on the coast of New England with greater briskness ; but did not inspire the languishing con;- pany of Plymouth with such vigour as to make any new attempt towards establishing a permanent colony there. Something more than the prospect of distant gain to themselves or of future advantages to their country, was requisite in order to induce men to abandon the place of their nativity to migrate to another quar&r of the globe, and endure innumera : ble hardships under an untried climate, and in an uncultivated land covered with woods, or occupied by fierce and hostile tribes of savages. But what mere attention to private emolument or to national utility CJuld not affect was accomplished by tho operation of a higher principle. Religion had gradually excited among a great body of the people a spirit that fitted them remarkably for encountering the dangers, and surmounting the obstacles which had hitherto rendered abortive the schemes of colonization in that part of THE HISTORY OF AMERICA, No. 29. America allotted to the company of Plymouth. As the various settlements in New England are in- debted for their origin to this spirit, as in the course of our narrative we shall discern its influence min- gling in all their transactions, and giving a peculiar tincture to the character of the people as well as to their institutions, both civil and ecclesiastical, it becomes necessary to trace its rise and progress with attention and accuracy. When the superstitions and corruptions of the Romish church prompted different nations of Europe to throw off its yoke and to withdraw from its com- munion, the mode as well as degree of their separa- tion was various. Wherever reformation was sud- den, and carried on by the people without authority from their rulers, or in opposition to it, the rupture was violent and total. Every part of the ancient fabric was overturned, and a different system, not nly with fespect to doctrine, but to church govern- ment and the external rites of worship, was esta- blished. Calvin, who by his abilities, learning, and austerity of manners, had acquired high reputation and authority in. the Protestant churches, was a zealous advocate'for this plan of thorough reforma- tion. He exhibited a model of that pure form of ecclesiastical policy which he approved in the constitution of the church of Geneva. The simpli- city of its institutions, and still more their repug- nancy to those of the popish church, were so much admired by all. the stricter reformers that it was co- pied, with some small variations, in Scotland, in the republic of the United Provinces, in the dominions of the house of Brandenburg, in those 'of the elector Palatine, and in the churches of the Hugonots in France. But in those countries where the steps of depar- ture from the church of Rome were taken with greater deliberation, and regulated by the wisdom or policy of the supreme magistrate, the separation was not so wide. Of all the reformed churches that of England has deviated least from the ancient institu- tions. The violent but capricious spirit of Henry VIII., who, though he disclaimed the supremacy, revered the tenets of the papal see, checked innova- tions in doctrine or worship during his reign. When his son ascended the throne and the Protestant reh^ gion was established by law, the cautious prudence of Archbishop Cranmer moderated the zeal of those who had espoused the new opinions. Though the articles to be recognized as the system of national faith were framed conformably to the doctrines of Calvin, his notions with respect to church govern- ment and the inode of worship were not adopted. As the hierarchy in England was incorporated with the civil policy of the kingdom, and constituted a member of the legislature, archbishops and bishops, with all the subordinate ranks of ecclesiastics subject to them, were continued according to ancient form, and with the same dignity and jurisdiction. The peculiar vestments in which the clergy performed their sacred functions, bowing at the name of Jesus, kneeling at receiving the sacrament of the Lord's supper, the sign of the cross in baptism, the use of the ring in marriage, with several other rites to which long usage had accustomed the people, and which time had rendered venerable, were still re- tained. But though parliament enjoined the ob- servance of these ceremonies under very severe p-'- nalties, several of the more zealous clergy enter- tained scruples with respect to the lawfulness of com- with this injunction : and the vigilance and v of Cranmer and Ridley with difficulty saved 2 G ' THE HISTORY OF AMERICA. their infant church from the disgrace oi' a schism on j this account. On the accession of Mary, the furious zeal with which she persecuted all who had adopted the tenets of the reformers forced many eminent Protestants, laymen as well as ecclesiastics, to seek an asylum on the continent. Frankfort, Geneva, Basil, and Stras- burgh received them with affectionate hospitality as sufferers in the cause of truth, and the magistrates permitted them to assemble by themselves for reli- gious worship. The exiles who took up their resi- dence in the two former cities, modelled their little congregations according to the ideas of Calvin, and with a spirit natural to men in their situation, eagerly adopted institutions which appeared to be further removed from the superstitions of popery than those of their own church. They returned to England as soon as Elizabeth re-established the Protestant reli- gion, not only with more violent antipathy to the opinions and practices of that church by which they had been oppressed, but with a strong attachment to that mode of worship to which they had been for some years accustomed. As they were received by their countrymen with the veneration due to confes- sors, they exerted all the influence derived from that opinion, in order to obtain such a reformation in the English ritual as might bring it nearer to the stand- ard of purity in foreign churches. Some of the queen's most confidential ministers were warmly disposed to co-operate with them in this measure. But Elizabeth paid little regard to the inclinations of the one or the sentiments of the other. Fond of pomp and ceremony, accustomed, according to the mode of that age, to study religious controversy, and possessing, like her father, such coniidence in her uwn understanding, that she never doubted her capa- city to judge and decide with respect to every point in dispute between contending sects, she chose to act according to her own ideas, which led her rather to approach nearer to the church of Rome, in the parade of external worship, than to widen the breach by abolishing any rite already established. An act of parliament, in the first year of her reign, not only required an exact conformity to the mode of worship prescribed in the service-book, under most rigorous penalties, but empowered the queen to enjoin the observance of such additional ceremonies as might tend, in her opinion, to render the public exercises of devotion more decent and edifying. The 1 advocates for a further reformation, notwith- standing this cruel disappointment of the sanguine hopes with which they returned to their native country, did not relinquish their design. They dis- seminated their opinions with great industry among the people. They extolled the purity of foreign churches, and inveighed against the superstitious practices with which religion was defiled in their own church. In vain did the defenders of the established system represent that these forms and ceremonies were in themselves things perfectly indifferent, which, from long usage, were viewed with reverence ; and, by their impression .upon the senses and imagina- tion tended not only to fix the niu-ntion but to affect the heart, and to warm it with davout and worthy sentiments. The puritans (for by that name such as scrupled to comply with what was enjoined by the act of uniformity were distinguished), maintained that the rites in question were inventions of men, superadded to the simple and reasonable service re- quired in the word of God; that from the excessive solicitude with which conformity to them was ex- a,cted, the multitude must conceive such a hih oi>i- nion of their value and importance, as might induce them to rest satisfied with the mere form and shadow of religion, and to imagine that external observances may compensate for the w^ant of inward sanctity; that ceremonies which had been long employed by a society manifestly corrupt, to veil its own defects, and to seduce and fascinate mankind, ought now to be rejected as relics of superstition unworthy of a place in a church which gloried in the name of Re- formed. The people, to whom in every religious controversy the final appeal is made, listened to the arguments of the contending parties ; and it is obvious to which of them men, who had lately beheld the superstitious spirit of popery, and felt its persecuting rage, would lend the most favourable ear. The desire of a fur- ther separation from the church of Rome spread wide through the nation. The preachers who contended for this, and who refused to wear the surplice and other vestments peculiar to their ordc>r, or to observe the ceremonies enjoined by law, were followed and admired, while the ministry of the zealous advocales for conformity was deserted, and their persons often exposed to insult. For some time the non-confor- mists were connived at; but as their number and boldness increased, the interposition both of spiritual and civil authority was deemed necessary in order to check their progress. To the disgrace of Christians the sacred rights of conscience and private judgment, as well as the charity and mutual forbearance suita- ble to the mild spirit'of the religion which they pro- fessed, were in that age little understood. Not only the idea of toleration but even the word itself in the sense now affixed to it, was then unknown. Every church claimed a right to employ the hand of power for the protection of truth and the extirpation of error. The laws of her kingdom armed Elizabeth with ample authority for this purpose, and she was abundantly disposed to exercise it with full vigour. Many of the most eminent among the puritan clergy were deprived of their benefices, others were impri- soned, several were fined, and some put to death. But persecution, as usually happens, instead of ex- tinguishing, inflamed their zeal to such a height that the jurisdiction of the ordinary courts of law was deemed insufficient to suppress it, and a new tribu- nal was established under the title of the hiyh com- mixsiun for ecclesiastical affairs, whose powers and mode of procedure were hardly less odious or lesi hostile to the principles of justice than those of the Spanish inquisition. Several attempts were made in the House of Commons to check these arbitrary proceedings, and to moderate the rage of persecu- tion ; but the queen always imposed silence upon those who presumed to deliver any opinion with re- spect to a matter appertaining solely to her prero- gative, in a tone as imperious and arrogant as was ever used by Henry VIII. in addressing his parlia- ments ; and so tamely obsequious were the guardians of the people's rights that they not only obeyed those unconstitutional commands, but consented to an act by which every person who should absent himself from church during a month was subjected to punishment by fine and imprisonment ; and if after conviction lie did not within three months re- nounce his erroneous opinions and conform to th^ laws, he was then obliged to abjure the realm ; but if he either refused to comply with this condition, or returned from banishment, he should be put to death as a felon without, benefit of clergy. By this iniquitous statute, equally repugnant to ias of civ 1 '! n-- 1 , of reliarious libertv. the puritans ideas of THE HISTORY OF AMERICA. were cut off from any hope of obtaining either refor- mation in the church or indulgence to themselves. Exasperated by this rigorous treatment their antipa- thy to the established religion increased, andwiih the progress natural to violent pas.- ion?, carried them fur bevond what was their original aim. The firs* puritans did not entertain any scruples with respect to the lawfulness of episcopal government, and seem to have been very unwilling to withdraw from communion with the church of which they were members. But when they were thrown out of her bosom, and constrained to hold separate assemblies for the worship of God, their followers no longer viewed a society by which they were oppressed, with reverence or affection. Her government., her disci- pline, her ritual, were examined with minute atten- tion. Every error was pointed out, and every defect magnified. The more boldly any preacher inveighed against the corruptions of the church he was listened to with greater approbation ; and the further he urged his disciples to depart from such an impure community, the more eagerly did they follow him. By degrees ideas of ecclesiastical policy, altogether repugnant to those of the established church, gained ioo ing iu the nation. The more sober and learned puritans inclined to that form which is known by the name of Presbyterian. Such as were more tho- roughly possessed with the spirit of innovation, luiwem-r much they might approve the equality of pastors which that system establishes, reprobated' the authority which it vests in various judicatories, de- scending from one to another in regular subordina- tion, as inconsistent with Christian liberty. These wild notions floated for some time in the minds of the people, and amused them with many ideal schemes of ecclesiastical policy. At length Robert Brown, a popular declaimer in high estima- tion, reduced them to a system on which he mo- delled his own congregation. He taught that the church of England was corrupt and autichristian, its ministers not lawfully ordained, its ordinances and sacraments invalid ; and therefore he prohibited his people to hold communion with it in any religious function. He maintained that a society of Christians, uniting together to worship God, constituted a church possessed of complete jurisdiction in the conduct of ; its own affairs, independent of any other society, and unaccountable to any superior ; that the priest- hood was neither a distinct order in the church, nor conferred an indelible character ; but that every man qualified to teach might be set apart for that office by the election of the brethren, and by imposition of their hands: in like manner, by their authority, he might be discharged from that function and reduced to the rank of a private Christian ; that every person, when admitted a member of a church, ought to make a public confession of his faith, and give evidence of his being in a state of favour with God; and that all the affairs of a church were to be regulated by the decision of the majority of its members. This democratical form of government, which abo- lished all distinction of ranks in the church, and conferred an equal portion of power on every indi vidual, accorded so perfectly with the levelling ge- nius of fanaticism that it was fondly adopted by many as a complete model of Christian policy. From their founder they were denominated Brownists ; and as their tenets were more hostile to the established religion than those of other separatists, the fiercest storm of persecution fell upon their heads. Many of them were lined or imprisoned, and some put to death: and though Brown, with a levity of which there are few examples among enthusiasts whose vu- nity has been soothed by being recognized as heads of a party, abandoned his disciples, conformed to the established religion, and accepted of a benefice in the church, the sect not only subsisted but conti- nued to spread, especially among persons in the mi. idle and lower ranks of life. But as all their motions were carefully watched both by the eccle- siastical and civil courts, which, as often as they were detected, punished them with the utmost rigour, a body of them, weary of living in a state of conti- nual danger and alarm, fled to Holland, and settled in Leyden, under the care of Mr. John Robinson, their pastor. There they resided for several years unmolested and obscure. But many of their ; recognize the authority of laws, arid submit to the jurisdiction of magistrates, framed and chosen by themselves. In this state it remained an independ- ent but feeble community until it was united to its more powerful neighbour, the colony of Massachu- setts bay, the origin and progress of which I now considerably had made preparation. they Above one half of them wa: company of Plymouth having dono effectual towards establishing any permanent r __ r , nothing __ cut off before the return of spring by diseases, or by I settlement in America, James I. in the year one famine ; the survivors, instead of having leisure to j thousand six hundred and twenty issued a new char - attend to the supply of their own wants, were com- j tor to the Duke of Lenox, the Marquis of Bucking polled to take arms against the savages in their | ham, and several other persons of distinction in his neighbourhood. Happily for the English, a pesti- j court, by which he conveyed to them a right to a lence which raged in America the year bc.'ore they J territory in America still more extensive than what landed, ha 1 swept off so great a. number of the ua- \ had been granted to the former patentees, incorpo- tives that they were quickly repulsed and humbled, j rating them as a body politic, in order to plant eolo- The privilege of professing their own opinions, and nics there, with powers and jurisdictions similar ti> of being governed by laws of their own framing, those contained in his charters to the companies of afforded consolation to the colonists amidst all their ; South and North Virginia. This society was cli;- dangers and hardships. The constitution of their church was the same with that which they had esta- blished in Holland. Their system of civil govern- ment was founded on those ideas of the natural equality among men, to which their ecclesiastical policy had accustomed them. Every free man, who was a member of the church, was admitted into the supreme legislative body. The laws of England were adopted as the basis of their jurisprudence, though with some diversity in the punishments in- flicted upon crimes, borrowed from the Mosaic insti- tutions. The executive power was governor and some assistants, who vested in a were elected annually by the members of the legislative assembly. So far their institutions appear to be founded on the tinguished by the name of the grand council of Ply- mouth for planting and governing New England. What considerations of public utility could induce the king to commit such an undertaking to persons apparently so ill qualified fur conducting it, or what prospect of private advantage prompted them to en- gage in it, the information we receive from contem- porary writers does not enable us to determine. Certain it is, that the expectations of both were dis- appointed ; and after many schemes and arrange- ments, all the attempts of the new associates towards colonization proved unsuccessful. New England must have remained unoccupied if the same causes which occasioned the emigration of the Brownists had not continued to operate. Not- ordinary maxims of human prudence. But it was a j withstanding the violent persecution to which puri- favourite opinion with all the enthusiasts of that age, { tans of every denomination were still exposed, their that the Scriptures contained a complete system not j number and zeal daily increased. As they now only of spiritual instruction but of civil wisdom and j despaired of obtaining in their own country any polity ; and without attending to the peculiar circum- relaxation of the penal statutes enacted against their stances or situation of the people whose history is sect, many began to turn their eyes towards some there recorded^ they often deduced general rules for their own conduct from what happened among men in a very different state. Under the influence of this wild nation the colonists of New Plymouth, in imita- tion of the primitive Christians, threw all their pro- perty into a common stock, and, like members of one family, carried on every work of industry by their joint labour for public behoof. But, however this resolution might evidence the sincerity of their faith, it retarded the progress of their colony. The same fatal effects flowed from this community of goods and of labour, which had formerly been expe- rienced in Virginia ; and it soon became necessary to relinquish what was too refined to be capable of being accommodated to the affairs of men. But though they built a small town, and surrounded it with such a fence as afforded sufficient security against the assaults of Indians, the soil around it was so poor, their religious principles were so unso- other place of retreat, where they might profess their own opinions with impunity. From the tranquillity which their brethren had hitherto enjoyed in New Plymouth, they hoped to find this desired asylum ia New England; and by the activity of Mr. White, a non-conformist minister at Dorchester, an associa- tion was formed by several gentlemen who had im- bibed puritanical notions in order to conduct a co- lony thither. They purchased from the council of Plymouth all the territory, extending in length from three miles north of the river Merrimack, to three miles south of Charles river, and in breadth, from the Atlantic to the Southern ocean. Zealous as these proprietors were to accomplish their favourite purpose, they quickly perceived their own inability to attempt the population of such an immense region, and deemed it necessary to call in the aid of more opulent co-partners. Of these they found, without difficulty, a sufficient THE HISTORY OF AMERICA. 229 number, chiefly in the capital, and among persons in the commercial and other industrious walks of life, who had openly joined the sect of the puritans, or secretly favoured their opinions. These new adven- turers, with the caution natural to men conversant in business, entertained doubts concerning the pro- priety of founding a colony on the basis of a grant from a private company of patentees, who might convey a right of property in the soil, but could not confer jurisdiction, or the privilege of governing that society which they had in contemplation to esta- blish. As it was only from royal authority that such powers could be derived, they applied for these ; and Charles granted their request with a facility which appears astonishing, when we consider the principles and views of the men who were suitors for the favour. Time has been considered as the parent of politi- cal wisdom, but its instructions are communicated slowly. Although the experience of above twenty years might have taught the English the impropriety of committing the government of settlements in America to exclusive corporations resident in Europe, neither the king nor his subjects had profited so much by what passed before their eyes as to have extended their ideas beyond those adopted by James in his first attempts towards colonization. The charter of Charles I. to the adventurers associated for planting the province of Massachusetts bay was perfectly similar to those granted by his father to the two Virginian companies and to the council of Ply- mouth. The new adventures were incorporated as as a body politic, and their right to the territory, which they had purchased from the council at Ply- mouth, being confirmed by the king, they were em- powered to dispose of the lands, and to govern the people who should settle upon them. The first go- vernor of the company and his assistants were named by the crown ; the right of electing their suc- cessors was vested in the members of the corporation. The executive power was committed to the governor and assistants ; that of legislation to the body of proprietors, who might make statutes and orders for the good of the community, not inconsistent with the 'aws of England, and enforce the observance of friem, according to the course of other corporations within the realm. Their lauds were to be held by tit same liberal tenure with those granted to the ^ i'ginian company. They obtained the same tempo- ran exemption from internal taxes, and from duties on foods exported or imported ; and notwithstanding theii migration to America, they and their descend- ants veie declared to be entitled to all the rights of naturd-born subjects. The manifest object of this charter was to confer on the adventurers who undertook to people the ter- ritory i Massachusetts bay, all the corporate rights possessed by the council of Plymouth, from which thy had purchased it, and to form them into a public tody, resembling other great trading compa- nies, whici the spirit of monarchy had at that time multiplied in the kingdom. The king seems not to have foreseen, or to have suspected the secret inten- tions of those who projected tiie measure ; for so far was he from alluring emigrants, by any hopes of in- dulgence with respect to their religious scruples, or from promising any relaxation from the rigour of the penal statutes against non-conformists, that he expressly provides for having the oath of supremacy administered to every person who shall pass to the colony, or inhabit there. But whatever vere the intentions of the king, the adventurers kept their own object steadily in view. Soon after their powers to establish a colony were rendered complete by the royal charter, they fitted out five ships for New England ; on board of which embarked upwards of three hundred passengers with a view of settling there. These were mostly zealous puritans, whose chief inducement to relinquish their native land was the hope of enjoying religious liberty in a country far removed from the seat of govern- ment and the oppression of ecclesiastical courts. Some eminent non-couf jrmist ministers accompanied them as their spiritual instructors. On their arrival in New England they found the wretched remainder of a small body of emigrants, who had left England the preceding year, under the conduct of Endicott, a deep enthusiast, whom, prior to their incorpora- tion by the royal charter, the associates had ap- pointed deputy-governor. They were settled at a place called by the Indians Nauuekeag, and to which Endicott, with the fond affectation of fanatics of that age to employ the language and appellations of Scripture in the affairs of common life, had given the name of Salem. The emigrants under Endicott, and 'such as now joined them, coincided perfectly in religious princi- ples. They were puritans of the strictest form ; and to men of this character the institution of a church was naturally of such interesting concern as to tako place of every other object. In this first transaction they displayed at once the extent of the reformation at which they aimed. Without regard to the senti- ments of that monarch under the sanction of whose authority they settled in America, and from whom they derived right to act as a body politic, and in contempt of the laws of England, with which the charter required that none of their acts or ordinances should be inconsistent, they adopted in their infant church that form of policy which has since been dis- tinguished by the name of independent. They united together in religious society, by a solemn covenant with God and with one another, and in strict con- formity, as they imagined, to the rules of Scripture. They elected a pa?tor, a teacher, and an elder, whom they set apart for their respective offices, by imposi- tion of the hands of the brethren. All \vho were that day admitted membeis of the church signified their assent to a confession of faith drawn up by their teacher, and gave an account of the foundation of their own hopes as Christians ; and it was declared that no person should hereafter be received into communion until he gave satisfaction to the church with respect to his faith and sanctity. The form of public worship which they instituted was without a liturgy, disencumbered of every superfluous ceremo- ny, and reduced to the lowest standard of Calvinistic simplicity. It was with the utmost complacence that men passionately attached to their own notions, and who had long been restrained from avowing them, em- ployed themselves in framing this model of a pure church. But in the first moment that they began to taste of Christian liberty themselves, they forgot that other men had an equal title to enjoy it. Some of their number, retaining a high veneration for the ritual of the English church, were so much offended at the total abolition of it, that they withdrew from communion with the newly instituted church, and assembled separately for the worship of God. With an inconsistency of which there are such flagrant instances among christians of every denomination that it cannot be imputed as a reproach peculiar to any sect, the very men who had themselves fled from 230 THE HISTORY OF AMERICA. persecution became persecutors; and had recourse, in the other. They had applied for a royal charter, in order to enforce their own opinions, to the same in order to give legal effect to their operations in unhallowed weapons, against the employment of England, as acts of a body politic; but the persons which they had lately remonstrated with so much ( whom they sent out to America, as soon as they violence. Endicott called the two chief malcontents landed there, considered themselves as individuals before him ; and though they were men of note, and . united together by voluntary association, possessing among the number of original patentees, he expelled | the natural right of men who form a society, to adopt them from the society, and sent them home in the ships what mode of government, and to enact what laws, which were returning to England. The colonists they deemed most conducive to general felicity, were now united in sentiments ; but, on the ap- Upon this principle of being entitled to judge proach of winter, they suffered so much from diseases, I and to decide for themselves, they established their which carried off almost one half of their number. | church in Salem, without regard to the institutions that they made little progress in occupying the ! of the church of England, of which the charter sup- country, j posed them to be members, and bound of consequence Mea'n while the directors of the company in Eng- j to conformity with its ritual. Suitably to the same land exerted their utmost endeavours in order to ideas, we shall observe them framing all their future reinforce the colony with a numerous body of new : plans of civil and ecclesiastical policy. The king, settlers ; and as the intolerant spirit of Laud exacted ^ though abundantly vigilant in observing and check- conformity to all the injunctions of the church with j ing slighter encroachments on his prerogative, was greater rigour than ever, the condition of such as \ either so much occupied at that time with other had any scruples with respect to this became so cares, occasioned by his fatal breach with his pjiv- intolerable, that many accepted of their invitation to j liament, that he could not attend to the proceedings a secure retreat in New England. Several of these | of the company ; or he was so much pleased with were persons of greater opulence and of better con- the prospect of removing a body of turbulent subjects ditiori than any who had hitherto migrated to that ' to a distant country, where they might be useful, country. But as they intended to employ their ; and could not prove dangerous, that he was disposed fortunes, as well as to hazard their persons, in \ to connive at the irregularity of a measure which establishing a permanent colony there, and foresaw facilitated their departure. many inconveniences from their subjection to laws | Without interruption from the crown, the adven- rnade without their own consent, and framed by a j turers proceeded to carry their scheme into execution, society which must always be imperfectly acquainted ! In a general court, John Winthrop was appointed with their situation, they insisted that the corporate ' governor, and Thomas Dudley deputy -governor, and powers, of the company should be transferred from eighteen assistants were chosen; in whom, together England to America, and the government of the with the body of freemen who should settle in New colony be vested entirely in those who, by settling England, were vested with all the corporate rights in the latter country, became members of it. The j of the company. With such zeal and activity did company had already expended considerable sums in : they prepare for emigration, that in the course of the prosecuting the designs of their institution, without ensuing year seventeen ships sailed for New Eng- having received almost any return, and had no land, and aboard these above fifteen hundred per- prospect of gain, or even of reimbursement, but sons, among whom were several of respectable what was too remote and uncertain to be suitable families, and in easy circumstances. On their arrival to the ideas of merchants, the most numerous class : in New England, many were so ill satisfied with the of its members. They hesitated, however, with I situation of Salem, that they explored the countr respect to the legality of granting the demand of the in quest of some better station; and settling in di.'- intended emigrants. But such was their eagerness j ferent places around the buy, according to thnr to be disengaged from an unpromising adventure, I various fancies, laid the foundations of Boston, that, " by general consent it was determined, that | Charles town, Dorchester, Roxborough, and ot'ier the charter should be transferred, and the govern-' towns, which have since become considerable in the meut be settled in New England." To the members ! province. In each of these a church was established of the corporation who chose to remain at home ! on the same model with that of Salem. This, tog.-ther was reserved a share in the trading stock and ' with the care of making provision for their sabsis- profits of the company during seven years. ; tence during winter, occupied them entirely luring In this singular transaction, to which there is ! some months. But in the first general court, their nothing similar in the history of English colonization, j disposition to consider themselves as membe'S of an two circumstances merit particular attention : one j independent society, unconiined by the regulations is the power of the company to make this trans- i in their charter, began to appear. The election of ference ; the other is the silent acquiescence with j the governor and deputy-governor, the ap>ointment which the king permitted it to take place. If the j of all other officers, and even the power jf making validity of this determination of the company be j laws, all which were granted by the chirter to the tried by the charter which constituted it a body i freemen, were taken from them, and vested in the politic, and conveyed to it all the corporate powers ! council of assistants. But the aristooatical spirit with which it was invested, it is evident that it could I of this resolution did not accord with the ideas of neither exercise those powers in any mode different i equality prevalent among the people, who had been from what the charter prescribed, nor alienate them J surprised into an approbation of it. Next year the in such a manner as to convert the jurisdiction of a j freemen, whose numbers had been greatly aug- trading corporation in England into a provincial ! mented by the admission of new members, resumed government in America. But from the first in- | their former rights. stitution of the company of Massachusetts bay, its members seem to have been animated with a spirit of innovation in civil policy, as well as in religion ; and by the habit of rejecting established usages in the one, they were prepared for deviating from them But, at the same time, they ventured to deviate from the charter in a matter of greater moment, which deeply affected all the future operations of the colony, and contributed greatly to form that peculiar character by which the people of New Eng- THE HISTORY OF AMERICA. 231 land have been distinguished. A law was passed, declaring that none shall hereafter be admitted freemen, ov be entitled to any share in the govern- ment, or be capable of being chosen magistrates, or even of serving as jurymen, but such as have been received into the church as members. By this resolution, every person who did not hold the fa- vourite opinions concerning the doctrines of religion, the discipline of the church, or the rites of worship, was at once cast out of the society, and stripped of all the privileges of a citizen. An uncontrolled pQwer of approving or rejecting the claims of those who applied for admission into communion with the church being vested in the ministers and leading men of each congregation, the most valuable of all civil rights was made to depend on their decision wuh respect to qualifications purely ecclesiastical. As in examining into these they proceeded not by any known or established rules, but exercised a dis- cretionary judgment, the clergy rose gradually to a degree of influence and authority from which the levelling spirit of the independent church-policy was calculated to exclude them. As by their deter- mination the political condition of every citizen was fixed, all paid court to men possessed of &uch an important power, by assuming those austere and sanctimonious manners which were known to be the most certain recommendation to their favour. In consequence of this ascendant, which was acquired chiefly by the wildest enthusiasts among the clergy, their notions became a standard to which all studied to conform, and the singularities characteristic of the puritans in that age increased, of which many reuiarkable instances will occur in the course of our narrative. Though a considerable number of planters was cut off by the diseases prevalent in a country so im- perfectly cultivated by its original inhabitants as to i*e still almost one continued forest, and several, discouraged by the hardships to which they were exposed, returned to England, recruits sufficient to replace them arrived. At the same time the small- pox, a distemper fatal to the people of the New- World, swept away such multitudes of the natives, that some whole tribes disappeared ; and Heaven, by thus evacuating a country in which the English might .settle without molestation, was supposed to declare its intentions that they should occupy it. As several of the vacant Indian stations were well chosen, such Avas the eagerness of the English to take possession of them, that their settlements be- came more numerous and more widely dispersed than suited the condition of an infant colony. This led to an innovation which totally altered the nature and constitution of the government. When a general court was to be held in the year one thousand six hundred and thirty-four, the freemen, instead of attending it in person, as the charter prescribed, elected representatives in tlrjir different districts, authorizing them to appoar in their name, with full power to deliberate and decide concerning every point that fell under the cognizance of the general court. Whether this measure was suggested by some de- signing leaders, or whether they found it prudent to soothe the people by comply ing with their inclination, is unceitaiu. The representatives were admitted, and considered themselves, in conjunction with the go- vernor and assistants,as the supreme legislative assem- bly of the colony. In assertion of their own rights, they enacted that, no law should be passed, no tax should be imposed, and no public officer should be ap- pointed, but in the general assembly. The pretexts for making this new arrangement were plausible. The number of freemen was greatly increased; many resided at a distance from the places where the su- preme courts were held; personal attendance became inconvenient ; the form of government in their own country had rendered familiar the idea of delegating their rights, and committing the guardianship of their liberties, to representatives of their own choice, and the experience of agrs had taught them that this important trust might with safety be lorlged in their hands. Thus did the company of Massachusetts bay, in less than six years from its incorporation by the kinir, mature and perfect a scheme which, I have already observed, some of its more artiiil and aspiring leaders seem to have had in view when the association for peopling New England was first formed. The colony must hencelimvard be con- sidered, not as a corporation whose powers were defined and its mode of procedure regulated by its charter, but as a society, which, having acquired or assumed political liberty, had, by its own Voluntary deed, adopted a constitution or government framed on the model of that in England. But however liberal their system of civil policy- might be, as their religious opinions were no longer under any restraint of authority, the spirit of fanati- cism continued to spread, and became every day wilder and more extravagant. Williams, a minister of Salem, in high estimation, having conceived an antipathy to the cross of St. George in the standard of England, declaimed against it with so much vehemence, as a relic of superstition and idolatry which ought not to be retained among a people so pure and sanctified, that Emlicott, one of the mem- bers of the court of assistants, in a transport of zeal, publicly cut out the cross from the ensign displayed before 'the governor's gate. This frivolous matter interested and divided the colony. Some of the militia scrupled to follow colours in which there was a cross, lest they should do honour to an idol : others refused to serve under a mutilated banner, lest they should be suspected of having renounced their alle- giance to the crown of England. After a long controversy, carried on by both parties with that heat and zeal which in trivial disputes supply the want of argument, the contest was terminated by a compromise. The cross was retained in the ensigns of forts and ships, but erased from the colours of the militia. Williams, on account of this-, as well as ! of some other doctrines deemed unsound, was ba- nished out of ihe colony. The prosperous state of New England was now so I highly extolled, and the simple frame of its ecclesi- \ astic policy was so much admired by all whose affeo \ tions were estranged from the church of England, ! that crowds of new settlers flocked thither- Among these were two persons, whose names have been rendered memorable by the appearance which they afterwards made on a more conspicuous theatre: ; one was Hugh Peters, the enthusiastic and intriguing chaplain of Oliver Cromwell ; the other Mr. Henry Vane, son of Sir Henry Vane, a privy counsellor, high in office, and of great credit with the king ; a young man of a noble family, animated with such zeal for pure religion and such love of liberty as induced him to relinquish all his hopes in England, and to settle in a colony hitherto no further advanced in improvement than barely to afford subsistence to its members, was received with the fondest admira- tion. His mortified appearance, his demure look, and rigid manners, carried even beyond the standard of preciseness in that society which he joined. THE HISTORV OF AMERICA. seemed to indicate a mail of high spiritual attain- j incnts, while his abilities and address in business pointed him out as worthy of the highest station in the community. With universal consent, and high expectations of advantage from his administration, | he was elected governor in the year subsequent to i his arrival. But as the affairs of an infant colony | afforded not objects adequate to the talents of Vane, j his busy pragmatical spirit occupied itself with theo- i logical subtilties and speculations unworthy of his ' attention. These were excited by a woman, whose ! reveries produced such effects both within the colony | and beyond its precincts, that, frivolous as they j may now appear, they must be mentioned as an oc- i currence of importance in its history. It was the custom at that time in New England, i among the chief men in every congregation, to I meet once a week, in order to repeat the sermons ; which they had heard, and to hold religious confer- j ence with respect to the doctrine contained in them, j Mrs.Hutchinsou, whose husband was among the most i respectable members of the colony, regretting that J persons of her sex were excluded from the benefit of ; those meetings, assembled statedly in her house j a number of women, who employed themselves in pious exercises similar to those of the men. At first she satisfied herself with repeating what she could recollect of the discourses delivered by their teachers. She began afterwards to add illustrations, and at length proceeded to censure some of the clergy as unsound, and to vent opinions and fancies of her own. These were all founded on the system which is denominated Antinomian by divines, and tinged with the deepest enthusiasm. She taught, that sanc- tity of life is no evidence of justification, or of a state of favour with God ; an I that such as incul- cated the necessity of manifesting the reality of our faith by obedience, preached only a covenant of works; she contended that the Spirit of God dwelt personally in good men, and by inward revelations and impressions they received the fullest discoveries of the divine will. The fluency and confidence with which she delivered these notions gained her many admirers and proselytes, not only among the vulgar but among the principal inhabitants. The whole colony was interested and agitated. Vane, whose sagacity and acuteness seemed to forsake .him when- ever they were turned towards religion, espoused and defended her wildest tenets. Many conferences were held, days of fasting and humiliation were appointed, a general synod was called ; and, after dissensions so violent as threatened the dissolution of the colony, Mrs. Hutchinson's opinions were condemned as erroneous, and she herself banished. Several of her disciples withdrew from the province of their own accord. Vane quitted America in dis- gust, unlameut.ed even by those who had lately ad- mired him ; some of whom now regarded him as a mere visionary, and others as one of those dark tur- bulent spirits doomed to embroil every society into which they enter. However much these theological contests might disquiet the colony of Massachusetts bay, they con- tributed to the more speedy population of America. When Williams was banished from Salem in the year one thousand six hundred and thirty-four, such was the attachment of his hearers to a pastor whoso pie'iy they revered, that a good number of them vo? luntarily accompanied him in his exile. They di- rected their march towards the south ; and having purchased from the natives a considerable tract of land, to which Williams gave the name of Provi- dence, they settled there. They were joined soon after by some of those to whom the proceedings against Mrs. Hutchinson gave disgust; and by a transaction with the Indians they obtained a right to a fertile island in Naraganset bay, which acquiied the name of Rhode Island. Williams remained among them upwards of forty years, respected as the father and the guide of the colony which he had planted. His spirit differed from that of the Puri- tans in Massachusetts; it was mild and tolerating; and having ventured himself to reject established opinions, he endeavoured to secure the same liberty to other men, by maintaining that the exercise of private judgment was a natural and sacred right ; that the civil magistrate has no compulsive jurisdic- tion in the concerns of religion; that the punish- ment of any person on account of his opinions was an encroachment on conscience, and an act of per- secution. These humane principle* he instilled into his followers : and all who felt or dreaded oppression in other settlements resorted to a community in which universal toleration was known to be a funda- mental maxim. In the plantations of Providence and Rhode Island, political union was established by voluntary association, and the equality of condition among the members, as well as their religious opinions ; their form of government was purely de- mocratical, the supreme power being lodged in the freemen personally assembled. In this state they remained until they were incorporated by charter. To similar causes the colony of Connecticut is in- debted for its origin. The rivalship between Mr. Cotton and Mr. Hooker, two favourite ministers in the settlement of Massachusetts bay, disposed the latter, who was least successful in this contest for fame and power, to wish for some settlement at a distance from a competitor by whom his reputation was eclipsed. A good number of those who had imbibed Mrs. Hutchinson's notions, and were of- fended with such as combatted them, offered to accompany him. Having employed proper persons to explore the country, they pitched upon the west side of the great river Connecticut at the most inviting station ; and in the year one thousand six hundred and thirty- six, about a hundred persons, with their wives and families, after a fatiguing march of many days through woods and swamps, arrived there, and laid the foundation of the towns of Hart- ford, Springfield, and Weatherfield. This settlement was attended with peculiar irregularities. Part of the district now occupied lay beyond the limits of the territory granted to the colony of Massachusetts bay, and yet the emigrants took a commission from the governor and court of assistants, empowering them to exercise jurisdiction in that country. The Dutch from Manhados or New York, having dis- covered the river Connecticut, and established some trading houses upon it, had acquired all the right that prior possession confers. Lord Say and Sele and Lord Brook, the heads of two illustrious families, were so much alarmed at the arbitrary measures rf Charles I., both in his civil and ecclesiastical adr ministration, that they took a resolution not unbe- coming young men of noble birth and liberal sentiments, of retiring to the New World, in order to enjoy such a form of religion as they approved of, and those liberties which they deemed essential to the well-being of society. They, too, fixed on the banks of the Connecticut as their place of settlement, and had taken possession, by building a fort at the mouth of the river, which, from their united names, was called Say Brook. The emigrants from THE HISTORY OF AMERICA. 233 Massachusetts, without regarding either the defects in their own right or the pretensions of other claim- ants, kept possession, and proceeded with vigour to clear and cultivate the country. By degrees they got rid of every competitor. The Dutch, recently settled in America, and too feeble to engage in a war, peaceably withdrew from Connecticut. Lord Say and Sele and Lord Brook made over to the colony whatever title they might have to any lands in that region. Society was established by a volun- tary compact of the freemen ; and though they soon disclaimed all dependence on the colony of Mas- sachusetts bay, they retained such veneration for its legislative wisdom as to adopt a form of govern- ment nearly resembling its institutions, with respect both to civil and ecclesiastical policy. At a sub- sequent period, the colony of Connecticut was likewise incorporated by royal charter. The history of the first attempts to people the provinces of New Hampshire and Main, which form the fourth and most extensive division in New England, is obscure and perplexed, by the inter- fering claims of various proprietors. The company of Plymouth had inconsiderately parcelled out the northern part of the territory contained in its grant among different persons : of these only Sir Ferdi- nando Gorges and Captain Mason seem to have had any serious intention to occupy the land allotted to them. Their efforts to accomplish this were meri- torious and persevering, but unsuccessful. The expense of settling colonies in an uncultivated country must necessarily be great and immediate ; the prospect of a return is often uncertain, and always remote. The funds of two private adven- turers were not adequate to such an undertaking. Nor did the planters whom they sent out possess that principle of enthusiasm, which animated their neighbours of Massachusetts with vigour to struggle through all the hardships and dangers to which society in its infancy is exposed in a savage land. Gorges and Mason, it is probable, must have aban- doned their design, if, from the same motives that settlements had been made in Rhode Island and Connecticut, colonists had not unexpectedly mi- grated into New Hampshire and Main. Mr. Wheel- wright, a minister of some note, nearly related to Mrs. Hutchinson, and one of her most fervent admirers and partisans, had on this account been banished from the province of Massachusetts bay. In quest of a new station, he took a course opposite to the other exiles, and, advancing towards the north, founded the town of Exeter on a small river flowing into Piskataqua bay. His followers, few in number, but firmly united, were of such rigid prin- ciples, that even the churches of Massachusetts did not appear to them sufficiently pure. From time to time they received some recruits, whom love of novelty, or dissatisfaction with the ecclesiastical institutions of the other colonies, prompted to join them. Their plantations were widely dispersed, but the country was thinly peopled, and its political state extremely unsettled. The colony of Massa- chusetts bay claimed jurisdiction over them, as j occupying lands situated within the limits of their ! grant. Gorges and Mason asserted the rights con- j veyed to them as proprietors by their charter. In several districts the planters, without regarding the pretensions of either party, governed themselves by | maxims and laws copied from those of their brethren i in the adjacent colonies. The first reduction ; of the political constitution in the provinces of New Hampshire and Main into a regular and' THE HISTORY OF AMERICA. No. 30. permanent form, was subsequent to the Revolution. By extending their settlements, the English be- came exposed to new danger. The tribes of Indians around Massachusetts bay were feeble and unwar- like; yet from regard to justice, as well as motives of prudence, the first colonists were studious to ob- tain the consent of the natives before they ventured to occupy any of their lands ; and though in such transactions the consideration given was often very inadequate to the value of the territory acquired, it was sufficient to satisfy the demands of the propri- etors. The English took quiet possession of the lands thus conveyed to them, and no open hostility broke out between them and the ancient possessors. But the colonies of Providence and Connecticut soon found that they were surrounded by more powerful and martial nations, Among these the most considerable were the Naragansets and Pe- quods ; the former seated on the bay which bears their name, and the latter occupying the territory which stretches from the river Pequod along the banks of the Connecticut. The Pequods were a formidable people, who could bring into the field a thousand warriors not inferior in courage to any in the New World. They foresaw, not only that the extermination of the Indian race must be the con- sequence of permitting the English to spread over the continent of America, but that, if measures were not speedily concerted to prevent it, the calamity would be unavoidable. With this view they applied to the Naragansets, requesting them to forget ancient animosities for a moment, and to co-operate with them in expelling a common enemy who threatened both with destruction. They represented that, when those strangers first landed, the object of their visit was not suspected, and no proper precautions were taken to check their progress; that now, by sending out colonies in one year towards three different quarters, their intentions were manifest, and the people of America must abandon their native seats to make way for unjust intruders. But the Naragansets and Pequods, like most of the contiguous tribes in America, were rivals, and there subsisted between them an hereditary and im- placable enmity. Revenge is the darling passion of savages ; in order to secure the indulgence of which there is no present advantage that they will not sacrifice, and no future consequence which they do not totally disregard. The Naragansets, instead of closing with the prudent proposal of their neigh- bours, discovered their hostile intentions to the governor, of Massachusetts bay; and, eager to lay hold on such a favourable opportunity of wreaking their vengeance on their ancient foes, entered into an alliance with the English against them. The Pequods, more exasperated than discouraged by the imprudence and treachery of their countrymen, took the field, and carried on the war in the usual mode of Americans. They surprised stragglers, and scalp- ed them : they plundered and burnt remote set- tlements ; they attacked Fort Say Brook without success, though garrisoned only by twenty men ; and when the English began to act offensively, they retired to fastnesses which they deemed inaccessible. The different colonies had agreed to unite against the common enemy, each furnishing a quota of men in proportion to its numbers. The troops of Con- necticut, which lay most exposed to danger, were soon assembled. The march of those from Mas- sachusetts, which formed the most considerable body, was retarded by the most singular cause that ever influenced the operations of a military force. When 2 H 234 THE HISTORY OF AMERICA. they were mustered previous to their departure, it was found that some of the officers, as well as of the private soldiers, were still under a covenant of works; and that the blessing of God could not be implored or expected to crown the arms of such un- hallowed men with success. The alarm was general, and many arrangements necessary in order to cast out the unclean, and to render this little band sufficiently pure to fight the battles of a people who entertained high ideas of their own sanctity. Meanwhile the Connecticut troops, reinforced by a small detachment from Say Brook, found it neces- sary to advance towards the enemy. They were posted on a rising ground, in the middle of a swamp towards the head of the river Mistick, which they had surrounded with palisadoes,the best defence that their slender skill in the art of fortification had discovered. Though they knew that the English were in motion, yet, with the usual improvidence and security of savages, they took no measures either to observe their progress, or to guard against being surprised themselves. The enemy, uuperceived, reached the palisadoes ; and if a dog had not given the alarm by barking, the Indians must have been massacred without resistance. In a moment, how- ever, they started to arms, and, raising the war-cry, prepared to repel the assailants. But at that early period of their intercourse with the Europeans, the Americans were little acquainted with the use of gunpowder, and dreaded its effects extremely. While some of the English galled them with an incessant fire through the intervals between the palisadoes, others forced their way by the entries into the fort, filled only with branches of trees ; and setting fire to the huts, which were covered with reeds, the con- fusion and terror quickly became general. Many of the women and children perished in the flames ; and the warriors, in endeavouring to escape, were either slain by the English, or, falling into the hands of their Indian allies, who surrounded the fort at a distance, were reserved for a more cruel fate. After the junction of the troops from Massachusetts, the English resolved to pursue their victory; and hunting the Indians from one place of retreat to another, some subsequent encounters were hardly less fatal to them than the action on the Mistick. In less than three months the tribe of Pequods was extir- pated; a few miserable fugitives, who took refuge among the neighbouring Indians, being incorporated by them, lost their name as a distinct people. In this first essay of their arms the colonists of New England seem to have been conducted by skilful and enterprising officers, and displayed both courage and perseverance as soldiers. But they stained their laurels by the use which they made of victory. Instead of treating the Pequods as an independent people, who made a gallant effort to defend the property, the rights, and the freedom of their nation, they retaliated upon them all the barbarities of American war. Some they massacred in cold blood, others they gave up to be tortured by their Indian allies, a considerable number they sold as slaves in Bermudas, the rest were reduced to servitude among themselves. But reprehensible as this conduct of the English must be deemed, their vigorous efforts in this de- cisive campaign filled all the surrounding tribes of Indians with such a high opinion of their valour as secured a long tranquillity to all their settlements. At the same time, the violence of administration in England continued to increase their population and strength, by forcing many respectable subjects to tear themselves from all the tender connexions that bind men to their native country, and to fly for refuge to a region of the New World, which hitherto presented to them nothing that could allure them hither but exemption from oppression. The num- ber of those emigrants drew the attention of govern ment, and appeared so formidable, that a proclama- tion was issued, prohibiting masters of ships from carrying passengers to New England without special permission. On many occasions this injunction was eluded or disregarded. Fatally for the king, it operated with full effect in one instance. Sir Arthur Haslerig, John Hampden, Oliver Cromwell, and some other persons whose principles and views coincided with theirs, impatient to enjoy those civil and religious liberties which they struggled in vain to obtain in Great Britain, hired some ships to carry them and their attendants to New England. By order of council, an embargo was laid on these when on the point of sailing ; and Charles, far from suspecting that the future revolutions in his kingdoms were to be excited and directed by persons in such a humble sphere of life, forcibly detained the men destined to overturn his throne, and to terminate his lays by a violent death. But, in spite of all the efforts of government to check this spirit of migration, the measures of the king and his ministers were considered by a great body of the people as so hostile to those rights which they deemed most valuable, that in the course of the year one thousand six hundred and thirty-eight, about three thousand persons embarked for New England, choosing rather to expose themselves to all the consequences of disregarding the royal proclamation, than to remain longer under oppres- sion. Exasperated at this contempt of his authority, Charles had recourse to a violent but effectual mode of accomplishing what he had in view. A writ of quo warranto was issued against the corporation of Massachusetts bay. The colonists had conformed so little to the terms of their charter, that judgment was given against them without difficulty. They were found to have forfeited all their rights as a corporation which of course returned to the crown, and Charles began to take measures for new model- ling the political frame of the colony, and vesting the administration of its affairs in other hands. But his plans were never carried into execution. In every corner of his dominions the storm now began to gather, which soon burst out with such fatal violence, that Charles, during the remainder of his unfortunate reign, occupied with domestic and more interesting caves, had not leisure to bestow any at- tention upon a remote and inconsiderable province. On the meeting of the Long Parliament, such a revolution took place in England, that all the mo- tives for migrating to the New World ceased. The maxims of the puritans with respect to the govern- ment both of church and state became predominant in the nation, and were enforced by the hand of power. Their oppressors were humbled ; that per- fect system of reformed polity, which had long been the object of their admiration and desire, was esta- blished by law; and amidst the intrigues and con- flicts of an obstinate civil war, turbulent and aspiring spirits found such full occupation, that they had no inducement to quit a busy theatre, on which they had risen to act a most conspicuous part. From the year one thousand six hundred and twenty, when the first feeble colony was conducted to New England by the Brownists, to the year one thousand six hundred and forty, it has been computed that THE HISTORY OF AMERICA. 235 twenty-one thousand two hundred British subjects had settled there. The money expended by various adventurers during that period, in fitting out ships, in purchasing stock, and transporting settlers, amounted, on a moderate calculation, nearly to two hundred thousand pounds ; a vast sum in that age, and which no principles, inferior in force to those wherewith the puritans were animated, could have persuaded men to lay out on the uncertain prospect of obtaining an establishment in a remote unculti- ( vated region, which, from its situation and climate, ; could allure them with no hope but that of finding ' subsistence and enjoying freedom. For some years, ' even subsistence was procured with difficulty ; and it was towards the close of the period to which our narrative is arrived, before the product of the settle- ment yielded the planters any return for their stock. About that time they began to export corn in small quantities to the West Indies, and made some feeble attempts to extend the fishery, and to open the trade in lumber, which have since proved the staple arti- cles of commerce in the colony. Since the year one thousand six hundred and forty the number of people with which New England has recruited the popula- tion of the parent state, is supposed at least to equal what may have been drained from it by occasional migrations thither. But though the sudden change of system in Great Britain stopped entirely the influx of settlers into New England, the principles of the colonists coin- cided so perfectly with those of the popular leaders in parliament, that they were soon distinguished by peculiar marks of their brotherly affection. By a vote of the House of Commons in the year one thou- sand six hundred and forty two, the people in all the different plantations of New England were exempted from payment of any duties, either upon goods ex- ported thither, or upon those which they imported into the mother country, until the house shall take further order to the contrary. This was afterwards confirmed by the authority of both houses. Encou- raged by sxich an extraordinary privilege, industry made rapid progress in all the districts of New Eng- land, and population increased along with it. In return for those favours the colonists applauded the measures of parliament, celebrated its generous efforts to vindicate the rights and liberties of the nation, prayed for the success of its arms, and framed regula- tions in order to prevent any exertion in favour of the king on the other side of the Atlantic. Relying on the indulgent partiality with which all their proceedings were viewed by men thus closely united with them in sentiment and wishes, the people of New England ventured on a measure which not only increased their security and power, but may be regarded as a considerable step towards indepen- dence. Under the impression or pretext of the dan- ger to which they were exposed from the surrounding tribes of Indians, the four colonies of Massachusetts, Plymouth, Connecticut, andNewhaven, entered into a league of perpetual confederacy, offensive and de- fensive ; an idea familiar to several leading men in the colonies, as it was framed in imitation of the famous bond of union among the Dutch provinces, in whose dominions the Brownists had long resided. It was stipulated that the confederates should hence- forth be distinguished by the name of the United Colonies of New England ; that each colony shall remain separate and distinct, and have exclusive jurisdiction within its own territory; and that in every war, offensive or defensive, each of the confe- derates shall furnish his quota of men, provisions, and money, at a rate to be fixed from time to time, in proportion to the number of people in each settle- ment ; that an assembly composed of two commis- sioners from each colony shall be held annually, with power to deliberate and decide in all points of common concern to the confederacy ; and every deter- mination, in which six of their number concur, shall be binding on the whole. In this transaction the colonies of New England seem to have considered themselves as independent societies, possessing all the rights of sovereignty, and free from the control of any superior power. The governing party in England, occupied with affairs of more urgent con- cern, and no wise disposed to observe the conduct of their brethren in America with any jealous attention, suffered the measure to pass without animadversion. Emboldened by this connivance, the spirit of in- dependence gathered strength, and soon displayed itself more openly ; some persons of note in the co- lony of Massachusetts, averse to the system of eccle- siastical polity established there, and preferring to it the government and discipline of the churches of England or Scotland, having remonstrated to the general court against the injustice of depriving them of their rights as freemen, and of their privileges as Christians, because they could not join as members with any of the congregational churches, petitioned that they might no longer be bound to obey laws to which they had not assented, nor be subjected to taxes imposed by an assembly in which they were not represented. Their demands were not only rejected, but they were imprisoned and fined as dis- turbers of the public peace ; and when they appointed some of their number to lay their grievances before parliament, the annual court, in order to prevent this appeal to the supreme power, attempted first to seize their papers, and then to obstruct their embark- ation for England. But though neither of these could be accomplished, such was the address and influence of the colony's agents in England, that no inquiry seems to have been made into this transac- tion. This was followed by an indication, still less ambiguous, of the aspiring spirit prevalent among the people of Massachusetts. Under every form of government the right of coining money has been considered as a prerogative peculiar to sovereignty, and which no subordinate member in any state is entitled to claim. Regardless of this established maxim, the general court ordered a coinage of silver money at Boston, stamped with the name of the colony and a tree, as an apt symbol of its progres- sive vigour. Even this usurpation escaped without notice. The independents having now humbled all rival sects, engrossed the whole direction of affairs in Great Britain ; and long accustomed to admire the government of New England, framed agreeably to those principles which they had adopted as the most perfect model of civil and ecclesiastical polity, they were unwilling to stain its reputation by censuring any part of its conduct. When Cromwell usurped the supreme power, the colonies of New England continued to stand as high in his estimation. As he had deeply imbibed all the fanatical notions of the independents, and was per- petually surrounded by the most eminent and artful teachers of that sect, he kept a constant correspon- dence with the leading men in the American settle- ments, who seem to have looked up to him as a zea- lous patron. He in return considered them as his most devoted adherents, attached to him no less by affection than by principle. He soon gave a strik- ing proof of this. On the conquest of Jamaica he 236 THE HISTORY OF AMERICA. formed a scheme for the security and improvement of the acquisition made by his victorious arms, suited to the ardour of an impetuous spirit that delighted in accomplishing its ends by extraordinary means. He proposed to transport the people of New Eng- land to that island, and employed every argument calculated to make impression upon them, in order to obtain their consent. He endeavoured to rouse their religious zeal, by representing what a fatal blow it would be to the man of sin, if a colony of the faithful were settled in the midst of his territories in the New World. He allured them with prospects of immense wealth in a fertile region, which would re- ward the industry of those who cultivated it with all the precious productions of the torrid zone, and ex- pressed his fervent wish that they might take pxs* session of it, in order to fulfil God's promise of mak- ing his people the head and not the tail. He assured them of being supported by the whole force of his authority, and of vesting all the powers of govern- ment entirely in their hands. But by this time the colonists were attached to a country in which they had resided for many years, and where, though they did not attain opulence, they enjoyed the comforts of life in great abundance ; and they dreaded so much the noxious climate of the West Indies, which had proved fatal to a great number of the English who first settled in Jamaica, that they declined, though in the most respectful terms, closing with the pro- tector's proposition. [Dr. Robertson's untimely death prevented his carrying the history of America any further. It is continued to the present time from other and original sources.] NOTES AND ILLUSTRATIONS TO ROBERTSON'S HISTORY OF AMERICA. NOTE 1. TYRE was situated at such a distance from the Arabian gulf, or Red sea, as made it impracticable to convey commodities from thence to that city by land carriage. This induced the Phenicians to render themselves masters of Rhinocrura or Rhinocolura, the nearest port in the Mediterranean to the Red sea. They landed the cargoes which they purchased in Arabia, Ethiopia, and India, at Elath, the safest harbour in the Red sea towards the north. Thence, they were carried by land to Rhinocolura, the dis- tance not being very considerable ; and being re- shipped in that port, were transported to Tyre, and distributed over the world. Strabon. Geogr. edit. Casaub. lib. xvi. p. 1128. Diodor. Sicul. Biblioth. Hist. edit. Wesselengii, lib. 1. p. 70. NOTE 2. The Periplus Hannonis is the only au- thentic monument of the Carthaginian skill in naval affairs, and one of the most curious fragments trans- mitted to us by antiquity. The learned and industrious Mr. Dodwell, in a dissertation prefixed to the Peri- plus of Hanno, in the edition of the Minor Geogra- phers published at Oxford, endeavours to prove that this is a spurious work, the composition of some Greek, who assumed Hanno's name. But M. de Montesquieu, in his 1'Esprit des Loix, lib. xxi. c. 8, and M. de Bougainville, in a dissertation published, torn. xxvi. of the Memoires de 1' Academic des In- scriptions, &c. have established its authenticity by arguments which to me appear unanswerable. Ra- musio has accompanied his translation of this curious voyage with a dissertation tending to illustrate it, Racolte de Viaggi, vol. i. p. 112. M. de Bougainville has, with great learning and ability, treated the same subject. It appears that Hanno, according to the mode of ancient navigation, undertook this voyage in small vessels, so constructed that he could keep close in with the coast. He sailed from Gades to the island of Cerne in twelve days. This is probably what is known to the moderns by the name of the isle of Arguim. It became the chief station of the Carthaginians on that coast ; and M. de Bougain- ville contends, that the cisterns found there are mo- numents of the Carthaginian power and ingenuity. Proceeding from Cerne, and still following the winding of the coast, he arrived, in seventeen days, at a promontory which he called The West Horn, probably Cape Palmas. From this he advanced to anotherpromontory, which he named The South Hern, and which is manifestly Cape de Tres Puntas, about five degrees north of the line. All the circumstances contained in the short abstract of his journal, which is handed down to us, concerning the appearance and state of the countries on the coast of Africa, are con- firmed and illustrated by a comparison with the accounts of modern navigators. Even those circum- stances which, from their seeming improbability, have been produced to invalidate the credibility of his relation, tend to confirm it. He observes, that in the country to the south of Cerne, a profound silence reigned through the day ; but during the night innumerable fires were kindled along the banks of the rivers, and the air resounded with the noise of pipes and drums, and ciies of joy. The same thing, as Ramusio observes, still takes place. The excessive heat obliges the negroes to take shel- ter in the woods, or in their houses, during the day. As soon as the sun sets they sally out, and by torcn- light enjoy the pleasure of music and dancing, in which they spend the night. Ramus. i. 113, F. In another place he mentions the sea as burning with torrents of fire. What occurred to M. Adanson on the same coast, may explain this : "as soon," says he, " as the sun dipped beneath the horizon, and night overspread the earth with darkness, the sea lent us its friendly light. While the prow of our vessel ploughed the foaming surges, it seemed to set them all on fire. Thus we sailed in a luminous en- closure, which surrounded us like a large circle of rays, from whence darted in the wake of the ship a long stream of light." Voyage to Senegal, p. 176. This appearance of the sea, observed by Hunter, has been mentioned as an argument against the authen- ticity of the Periplus. It is, however, a phenome- non very common in warm climates. Captain Cook's Second Voyage, vol. i. p. 15. The Periplus of Hanno has been translated, and every point with respect to it has been illustrated with much learning and ingenuity, in a work published by Don Pcdr. Rodrig. Campomanes, entitled, Antiguedad maritama de Cartago, con el Periplo de su General Hannon traducido e illustrado. Mad. 1756. 4to. NOTE 3. Long after the navigation of the Phenici- ans, and of Eudoxus round Africa, Polybius, the most intelligent'and best informed historian of antiquity.and THE HISTORY OF AMERICA. 237 particularly distinguished by his attention to geo- nhical researches, affirms that it was not known, is time, whether Africa was a continued conti- nent, stretching to the south, or whether it was en- compassed by the sea. Polybii Hist. lib. iii. Pliny the naturalist asserts, that there can be no commu- nication between the southern and northern tempe- the Ganges, his intelligence was still more defective, and his errors more enormous. I shall have occa- sion to observe, in another place, that he has placed the country of the Seres, or China, no less than sixty degrees further east than its true position. M. d'An- ville, one of the most learned and intelligent of the modern geographers, has set this matter in a clear rate zones. Plinri Hist. Natur. edit, in usum Delph. light, in two dissertations published in Mem. de 4to. lib. ii. c. 68. If they had given full credit to j 1'Academ. des Inscript. &c. torn, xxxii. p. 573, 604. the accounts of those voyages, the former could not | NOTE 7. It is remarkable that the discoveries of have entertained such a doubt, the latter could not ' the ancients were made chiefly by land ; those of the have delivered such an opinion. Strabo mentions ! moderns are carried on chiefly by sea. The progress of the voyage of Eudoxus, but treats it as a fabulous | conquest led to the former, that of commerce the lat- tale, lib. ii. p. 155 ; and according to his account of ter. It is a judicious observation of Strabo, that the it, no other judgment can be formed with respect to J conquests of Alexander the Great made known the it. Strabo seems not to have known any thing with i east, those of the Romans opened the west, and those , ,1 / 1 /,! c-Tk/T'tl'TA 1 " - />T" j _ il .. il- T ^"U -T ~ O! certainty concerning the form and state of the southern parts of Africa. Geogr. lib. xvii. p. 1180. Ptolemy, the most inquisitive and learned of all the ancient geographers, was equally unacquainted with any parts of Africa situated a few degrees beyond the equinoctial line ; for he supposes that this great continent was not surrounded by the sea, but that it stretched, without interruption, towards the south pole ; and he so far mistakes its true figure, that he describes the continent as becoming broader and broader as it advanced towards the south. Ptolemaei Geogr. lib. iv. c. 9. Brietii Parallela Geogr. veteris et novae, p. 86. NOTE 4. A]fact, recorded by Strabo, affords a very strong and singular proof of the ignorance of the an- cients with respect to the situation of the various parts When Alexander marched along the Hydaspes and Acesine, two of the of the earth, banks of the rivers which fall into the Indus, he observed that .there were many crocodiles in those rivers, and that the country produced beans of the same species with those which were common in Egypt. From these circumstances he concluded that he had discovered the source of the Nile, and prepared a fleet to sail down the Hydaspes to Egypt. Strab. Geogr. lib. xv. p. 1020. This amazing error did not arise from any ignorance ot for we are in if geography p informed bv Si eculiar to that monarch by Strabo, that Alexander ap- plied with particular attention in order to acquire the knowledge of this science, and had accurate maps or descriptions of the countries through which he marched. Lib. ii. p. 120. But in his age the know- ledge of the Greeks did not extend beyond the limits of the Mediterranean. NOTE 5. As the flux and reflux of the sea is re- markably great at the mouth of the river Indus, this would render the phenomenon more formidable to the Greeks. Varen. Geogr. vol. i. p. 251. NOTE 6. It is probable that the ancients were sel- dom induced to advance so far as the mouth of the Ganges either by motives of curiosity, or views of com- mercial advantage. In consequence of this, their idea concerning the position of that great river was very er roneous. Ptolemy places that branch of the Ganges which he distinguishes by the name of the Great Mouth, in the hundred and forty-sixth degree of longitude from his first meridian in the Fortunate Islands. But its true longitude, computed from that meridian, is now determined, by astronomical observations, to be only a hundred and five degrees. A geographer so eminent must have been betrayed into an error of this magnitude by the imperfection of the information which he had received concerning those distant regions ; and this affords a striking proof of the intercourse with them being extremely rare. With respect to the countries of India beyond of Mithridates, king of Pontus, the north. Lib. i. p. 26. When discovery is carried on by land alone its pro- gress must be slow and its operations confined. When it is carried on only by sea its sphere may be more extensive, audits advances more rapid; but it labours under peculiar defects. Though it may make known the position of different countries, and ascertain their boundaries as far as these are determined by the ocean, it leaves us in ignorance with respect to their interior state. Above two centuries and a half have elapsed since the Europeans sailed round the southern promontory of Africa, and have- traded in most of its ports ; but in a considerable part of that great conti- nent they have done little more than survey its coasts, and mark its capes and harbours. Its interior regions are in a great measure unknown. The ancients, who had a very imperfect knowledge of its coasts, except where they are washed by the Mediterranean or Red sea, were accustomed to penetrate into its inland provinces, and if we may rely on the testi- mony of Herodotus and Diodorus Siculus, had ex- plored many parts of it now altogether unknown. Unless both modes of discovery be united, the geo- graphical knowledge of the earth must remain in- complete and inaccurate. NOTE 8. The notion of the ancients concerning such an excessive degree of heat in the torrid zone, as rendered it uninhabitable, and their persisting in this error long after they began to have some commercial intercourse with several parts of India lying within the tropics, must appear so singular and absurd, that it may not be unacceptable to some of my readers to produce evidence of their holding this opinion, and to account for the apparent inconsistence of their theory with their experience. Cicero, who had be- stowed attention upon every part of philosophy known to the ancients, seem to have believed that the torrid zone was uninhabitable, and, of conse- quence, that there would be no intercourse between the northern and southern temperate zones. He intro- duces Africanus thus addressing the younger Scipio : " You see this earth encompassed, and as it were bound in, by certain zones, of which two, at the greatest distance from each other, and sustaining the opposite poles of heaven, are frozen with perpetual cold : the middle one, and the largest of all, is burnt with the heat of the sun; two are habitable, the people in the southern one are antipodes to us, with whom we have no connection." Somnium Scipionis, c. 6. Geminus, a Greek philosopher, contemporary with Cicero, delivers the same doctrine, not in a popular work, but in his Eisayoge eis phainomena, a treatise purely scientific. " When we speak," says he, "of the southern temperate zone, and its inhabi- tants, and concerning those who are called anti podes, it mu*t always be understood, that we have '238 THE HISTORY OF AMERICA. no certain knowledge or information concerning the southern temperate zone, whether it be inhabited or not. But from the spherical figure of the earth, and the course which the sun holds between the tropics, we conclude that there is another zone situated to the south, which enjoys the same degree of tem- perature with the northern one which we inhabit." Cap. xiii. p. 31. ap. Petavii Opus de Doctr. Temper, in quo Uranologium sive Systemata var. Auctorum. Amst. 1705. vol. iii. The opinion of Pliny the na- turalist, with respect to both these points, was the same : " There are five divisions of the earth which are called zones. All that portion which lies near to the two opposite poles is oppressed with vehement cold and eternal frost. There, unblessed with the aspect of milder stars, perpetual darkness reigns, or at the utmost a feeble light reflected from surround- ing snows. The middle of the earth, in which is the orbit of the sun, is scorched and burnt up with flames and fiery vapour. Between these torrid and frozen districts, lie two other portions of the earth, which are temperate ; but, on account of the burning re- gion interposed, there can be no communication be- tween them. Thus heaven has deprived us of three parts of the earth." Lib. ii. c. 68. Strabo delivers his opinion to the same effect, in terms no less ex- plicit : " The portion of the earth which lies near the equator, in the torrid zone, is rendered uninhabit- able by heat." Lib. ii. p. 154. To these I might add the authority of many other respectable philoso- phers and historians of antiquity. In order to explain the sense in which this doc- trine was generally received, we may observe, that Parmenides, as we are informed by Strabo, was the first who divided the earth into five zones, and he ex- tended the limits of the zone which he supposed to be uninhabitable on account of heat, beyond the tro- pics. Aristotle, as we learn likewise from Strabo, fixed the boundaries of the different zones in the same manner as they are defined by modern geogra- phers. But the progress of discovery having gradu- ally demonstrated that several regions of the earth which lay within the tropics were not only habitable, but populous and fertile, this induced later geogra- phers to circumscribe the limits of the torrid zone. It is not easy to ascertain with precision the boundaries which they allotted to it. From a passage in Strabo, who, as far as I know, is the only author of antiquity from whom we receive any hint concerning this sub- ject, I should conjecture, that those who calculated according to the measurement of the earth by Era- tosthenes, supposed the torrid zone to comprehend near sixteen degrees, about eight on eac'h side of the equator ; whereas such as followed the computation of Posidonius allotted about twenty-four degrees, or somewhat more than twelve degrees on each side of the equator, to the torrid zone. Strabo, lib. ii. p. 151 . According to the former opinion, about two thirds of that portion of the earth which lies between the tropics was considered as habitable ; according to the latter, about one half of it. With this restriction, the doc- trine of the ancients concerning the torrid zone ap- pears less absurd ; and we can conceive the reason of their asserting this zone to be uninhabitable, even after they had opened a communication with several places within the tropics. When men of science spoke of the torrid zone, they considered it as it is was limited by the definition of geographers to sixteen, or at the utmost to twenty-four degrees ; and as they knew almost nothing of the countries nearer to the equator, they might still suppose them to be unin- habitable. In loose and popular discourse, the name of the torrid zone continued to be given to all that portion of the earth which lies within the tropics. Cicero seems to be unacquainted with those ideas of the later geographers ; and, adhering to the division >f Parmenides, describes the torrid zone as the largest jf the five. Some of the ancients rejected the notion concerning the intolerable heat of the torrid zone as a popular error. This, we are told by Plutarch, was the sentiment of Pythagoras ; and we learn from Strabo, that Eratosthenes and Polybius had adopted the same opinion, lib. ii. p. 154. Ptolemy seems to have paid no regard to the ancient doctrine and opi- nions concerning the torrid zone. NOTE 9. The court of inquisition, which effectually checks a spirit of liberal inquiry, and of literary im- provement, wherever it is established, was unknown n Portugal in the fifteenth century, when the people of that kingdom began their voyages of discovery. More than a century elapsed before it was introduced by John III. whose reign commenced A. D. 1521. NOTE 10. An instance of this is related by Haek- luyt, upon authority of the Portuguese historian Gar- cia de Resende. Some English merchants having re- solved to open a trade with the coast of Guiriea, John II. of Portugal despatched ambassadors to Edward IV. in order to lay before him the right which he had ac- quired by the pope's bull to the dominion of that country, and to request of him to prohibit his sub- jects to prosecute their intended voyage. Edward was so much satisfied with the exclusive title of the Portuguese, that he issued his orders in the terms which they desired. Hackluyt, Navigations, Voy- ages, and Traffics of the English, vol^ii. part ii. p. 2. NOTE II. The time of Columbus's death may be nearly ascertained by the following circumstances. It appears from the general fragment of a letter, address- ed by him to Ferdinand and Isabella, A. D. 1501, that he had, at that time, been engaged forty years in a seafaring life. In another letter he informs them, that he w T ent to sea at the age of fourteen : from those facts it follows, that he was born A. D. 1447. Life of Christoph. Columbus, by his son Don Fer- dinand. Churchill's collection of Voyages, Vol. ii. p. 484,485. NOTE 12. The spherical figure of the earth was known to the ancient geographers. They invented the method, still in use, of computing the longitude and latitude of different places. According to their doctrine, the equator, or imaginary line which encompasses the earth, contained three hundred and sixty degrees ; these they divided into twenty-four parts, or hours, each equal to fifteen degrees. The country of the Seres or Since, being the farthest part of India known to the ancients, was supposed by Marinus Tyrius, the most eminent of the ancient geographers before Ptolemy, to be fifteen hours, or two hundred and twenty-five degrees to the east of the first meridian, passing through the Fortunate Islands. Ptolemaei Geogr. lib. i. c. 11. If this supposition was well founded, the country of the Seres, or China, was only nine hours, or one hundred and thirty-five degrees, west from the Fortunate or Canary islands ; and the navigation in that direction was much shorter than by the course which the Portuguese were pursuing. Marco Polo, in his travels, had described countries, particularly the island of Cipango or Zipangri, sup- posed to be Japan, considerably to the east of any part of Asia known to the ancients. Marcus Paulus de Region. Oriental: lib. ii. c. 70. lib. iii c. 2. Of course, this country, as it extended further to the east, was still nearer to the Canary islands. The conclusions of Columbus, though drawn from in- accurate observations, were just. If the suppositions of Marinus had been well founded, and if the coun- THE HISTORY OF AMERICA. 239 tries which Marco Polo visited had been situated to i the east of those whose longitude Marinus had as- j certained, the proper and nearest course to the East j Indies must have been to steer directly west. Herrera, dec. 1. lib. i. c. 2. A more extensive knowledge of; the globe has now discovered the great error of Ma- rinus, in supposing China to be fifteen hours, or two hundred and twenty-five degrees east from the Canary Islands, and that even Ptolemy was mistaken, when j he reduced the longitude of China to twelve hours, | or one hundred and eighty degrees. The longitude j of the western frontier of that vast empire is seven hours, or one hundred and fifteen degrees from the meridian of the Canary Islands. But Columbus followed the light which his age afforded, and relied upon the authority of writers, who were, at that time, regarded as the instructors and guides of mankind in the science of geography. NOTE 13. As the Portuguese, in making their dis- coveries, did not depart far from the coasts of Africa, they concluded that birds, whose flight they observed j with great attention, did not venture to any considera- ble distance from land. In the infancy of navigation it was not known, that birds often stretched their flight to an immense distance from any shore. In sailing towards the West Indian islands, birds are often seen at the distance of two hundred leagues from tue nearest coast. Sloane's Nat. Hist, of Jamaica, vol. i. p. 30. Catesby saw an owl at sea, when the ship was six hundred leagues distant from land. Nat. Hist, of Carolina, pref. p. 7. Hist. Naturelle de M. Buffon, torn. xvi. p. 32. From which it appears, that this indication of land, on which Columbus seems to have relied with some confidence, was ex tremely uncertain. This observation is confirmed by Capt. Cook, the most extensive and experienced na- vigator of any age or nation. " No one yet knows (says he) to what distance any of the oceanic birds go to sea ; for my own part, I do not believe that there is one in the whole tribe that can be relied on in pointing out the vicinity of land." Voyage to- wards the South Pole, vol. i. p. 275. NOTE 14. In a letter of the admiral's to Ferdinand and Isabella, he describes one of the harbours in Cuba with all the enthusiastic admiration of a discoverer. ' ' I discovered a river which a galley might easily enter: the beauty of it induced me to sound, and I found from five to eight fathoms of water. Having proceeded a considerable way up the river, every thing invited roe to settle there. The beauty of the river, the clearness of the water, through which I could see the sandy bottom, the multitude of palm trees of different kinds, the tallest and finest I had seen, and an infinite number of other large and flourishing trees, the birds, and the verdure of the plains, are so wonderfully beautiful, that this country excels all others as far as the day surpasses the night in bright- ness and splendour, so that I often said, that it would be in vain for me to attempt to give your high- nesses a full account of it, for neither my tongue nor my pen could come up to the truth ; and in- deed I am so much amazed at the sight of such beauty, that I know not how to describe it." Life of Columb, c. 30. NOTE 15. The account which Columbus gives of the humanity and orderly behaviour of the natives on this occasion is very striking. " The king," says he, in a letter to Ferdinand and Isabella, " having been informed of our misfortune, expressed great grief for our loss, and immediately sent aboard all' the people iu the place in many large canoes; we soon unloaded the ship of every thing that was upon deck, as the king gave us great assistance : he him- self, with his brothers and relations, took all possible care that every thing should be properly done, both aboard and on shore. And, from time to time, he sent some of his relations weeping, to beg of me not to be dejected, for he would give me all that he had. I can assure your highness, that so much care would not have been taken in securing our effects in any part of Spain, as all our property was put together in one place near his palace, until the houses which he wanted to prepare for the custody of it were emp- tied. He immediately placed a guard of armed men, who watched during the whole night, and those on shore lamented as if they had been much interested Mi our loss. The people are so affection- ate, so tractable, and so peaceable, that I swear to your highnesses that there is not a better race of men, nor a better country, in the world. They love their neighbour as themselves; their conversation is the sweetest and mildest in the world, cheerful and always accompanied with a smile. And al- though it is true that they go naked, yet your high- nesses may be assured that they have many very commendable customs ; the king is served with ajreat state, and his behaviour is so decent, that it is pleasant to see him, as it is likewise to observe the wonderful memory which these people have, and their desire of knowing every' thing, which leads them to inquire into its causes and effects." Life of Columbus, c. 32. It is probable that the Spaniards were indebted for this officious attention, to the opi- nion which the Indians entertained of them as a superior order of beings. NOTE 16. Every monument of such a man as Co- lumbus is valuable. A letter which he wrote to Ferdi- nand and Isabella, describing what passed on this occa] sion, exhibits a most striking picture of his^intre- pidity, his humanity, his prudence, his public spirit, and courtly address. " I would have been less con- cerned for this misfortune had I alone been in dan- ger, both because my life is a debt that I owe to the Supreme Creator, and because I-ha-ye at other times been exposed to the most imminent hazard. But what gave me infinite grief and vexation was, that after it had pleased our Lord to give me faith to undertake this enterprize, in which I had now been so successful, that my opponents would have been convinced, and the glory of your highnesses, and the extent of your territory increased by me, it should please the divine majesty to stop all by my death. All this would have been more tolerable, had it not been attended with the loss of those men whom I had carried with me, upon promise of the greatest prosperity, who, seeing themselves in such distress, cursed not only their coming along with me, but that fear and awe of me which prevented them from returning, as they often had resolved to have done. But besides all this, my sorrow was greatly increased by recollecting that I had left my two sons at school at Cordova, destitute of friends, in a foreign country, when it could not in all probabi- lity be known that I had done such services as might induce your highnesses to remember them. And though I comforted myself with the faith that cur Lord would not permit that, which tended so much to the glory of his church, and which I had brought about with so much trouble, to remain imperfect ; yet I considered that, on account of my sins, it was his will to deprive me of that glory which I might have attained in this world. While in this confused state, I thought on the good fortune which accom- panies your highnesses, and imagined that, although 240 THE HISTORY OF AMERICA. I should perish, and the vessel be lost, it was possible that you might somehow come to the knowledge of my voyage, and the success with which it was at- tended. For that reason I wrote upon parchment with the brevity which the situation required, that I had discovered the lands which I promised, in how many days I had done it, and what course I had fol- lowed. I mentioned the goodness of the country, the character of the inhabitants, and that your high- nesses' subjects were left in possession of all that I had discovered. Having sealed this writing, I ad- dressed it to your highnesses, and promised a thou- sand ducats to any person who should deliver it sealed, so that if any foreigners found it, the pro- mised reward might prevail on them not to give the information to another. I then caused a great cask to be brought to me, and wrapping up the parch- ment in an oiled cloth, and afterwards in a cake of wax, 1 put it into the cask, and having stopped it well, I cast it into the sea. All the men believed that it was some act of devotion. Imagining that this might never chance to be taken up, as the ships approached nearer to Spain, I made another packet like the first, and placed it at the top of the poop, so that if the ship sunk, the cask remaining above water might be committed to the guidance of fortune." NOTE 17. Some Spanish authors, with the mean- ness of national jealousy, have endeavoured to detract from the glory of Columbus by insinuating that he was led tot he discovery of the New World, not by his own inventive or enterprising genius, but by information which he had received. According to their account, a vessel having been driven from its course by easterly winds, was carried before them far to the west, and landed on the coast of an unknown coun- try, from which it returned with difficulty ; the pilot and three sailors being the only persons who survived the distresses which the crew suffered, from want of provisions and fatigue in this long voyage. In a few days after their arrival, all the four died ; but the pilot having been received into the house of Colum- bus, hie intimate friend disclosed to him, before his death, the secret of the discovery which he had acci- dentally made, and left him his papers, containing a journal of a voyage, which served as a guide to Co- lumbus in his undertaking. Gomara, as far as I know, is the first author who published this story, Hist. c. 13. Every circumstance is destitute of evi- of success, that by holding a westerly course he must certainly arrive at those regions of the east described by the aricients. His firm belief of his own system led him to take that course, and to pursue it without deviation. The Spaniards are not the only people who have called in question Columbus's claim to the honour of having discovered America. Some German au- thors ascribe this honour to Martin Behaim, their countryman. He was of the noble family of the Behaims of Schwartzbach, citizens of the first rank ifi the imperial town of Nuremberg. Having studied under the celebrated John Muller, better known by the name of Regiomontanus, he acquired such knowledge of cosmography, as excited a desire of exploring those regions, the situation and qualities of which he had been accustomed, under that able master, to investigate and describe. Under the pa- tronage of the Duchess of Burgundy, he repaired to Lisbon, whither the fame of the Portuguese discove- ries invited all the adventurous spirits of the age. There, as we learn from Herman Schedel, of whose Chronicon Mundi a German translation was printed at Nuremberg, A. D. 1493, his merit as a cosmogra- pher raised him, in conjunction with Diego Cana, to the command of a squadron fitted out for discovery in the year 1483. In that voyage he is said to have discovered the kingdom of Congo. He settled in the island of Fayal, one of the Azores, and was a parti- cular friend of Columbus. Herrera, dec. 11. lib. ii. c. 2. Magellan had a terrestrial globe made by Be- haim, on which he demonstrated the course that he proposed to hold in search of the communication with the South sea, which he afterwards discovered. Gomora. Hist. c. 19. Herrera, dec. 11. lib. ii. c. 19. lu the year 1492 Behaim visited his relations in Nuremberg, and left with them a map drawn with his own hand, which is still preserved among the archives of the family. Thus far the -story of Martin Behaim seems to be well authenticated; but the account of his having discovered any part of the New World appears to be merely conjectural. In the first edition, as I had at that time hardly any knowledge of Behaim but what I derived from a frivolous dissertation, ' De vero Novi Orbis Inven- tore,' published at Francfort, A. D. 1714, by Jo. Frid. Stuvenius, I was induced by the authority of Herrera, to suppose that Behaim was not a native of Germany ; but from more full and accurate informa- tion, communicated_to me by the learned Dr. John was dence to support it. Neither the name of the vessel nor its destination is known. Some pretend that it I Reinhold Forster, I am now satisfied that I belonged to one of the seaport towns in Andalusia, I mistaken. Dr. Forster has been likewise so good as and was sailing either to the Canaries, or to Madeira ; j to favour me with a copy of Behaim' s map, as pub- others, that it was a Biscayner in its way to Eng- ! lished by Doppelmayer, in his account of the ma- land ; others, a Portuguese ship trading on the coast thematicians and artists of Nuremberg. From this of Guinea. The name of the pilot is alike unknown, I map the imperfection of cosmographical knowledge as well as that of the port in which he landed on his j at that period is manifest. Hardly one place is laid return. According to some, it was in Portugal; down in its true situation. Nor can I discover from according to others, in Madeira, or the Azores. The ! it any reason to suppose that Behaim had the least year in which thir voyage was made is no less uncer- j knowledge of any region in America. He delineates, tnin Mnnsrm's "NTairal TVnMc r.KnvM^ll ii; .T7 1 indeed, an island to which he gives the name of St. tain. Monson's Naval Tracts. Churchill, iii. 371. No mention is made of this pilot, or his discoveries, by And. Bermaldes, or Pet. Martyr, the contempo- raries of Columbus. Herrara, with his usual judg- ment, passes over it in silence. Oviedo takes notice of this report, but considers it as a tale fit only to amuse the vulgar. Hist. lib. ii. c. 2. As Columbus Brandon. This, it is imagined, may be some part of Guiana, supposed at first to be an island. He places it in the same latitude with the Cape Verd isles, and I suspect it to be an imaginary island which has been admitted into some ancient maps on no better autho- rity than the legend of the Irish St. Brandon, or held his course directly west from the Canaries, and j Brendan, whose story is so childishly fabulous as to never varied it, some later authors have supposed \ be unworthy of any notice. Gii-ald. Cambrensis ap. that this uniformity is a proof of his being guided by Missingham Florilegium Sanctorum, p. 427. some previous information. But they do not recol- j The pretensions of the Welch to the discovery of lect the principles on which he founded all his hopes , America seem not to rest on a foundation much more THE HISTORY OF AMERICA. 241 solid. In the twelfth century, according to Powell, a dispute having arisen among the sons of Owen Guyncth, king of North, Wales, concerning the succession to his crown, Madoc. one of their number, weary of this contention, betook himself to sea in quest of a more quiet settlement. He steered due west, leaving Ireland to the north, and arrived in an unknown country, which appeared to him so desira- ble that he returned to Wales, and carried thither several of his adherents and companions. This is said to have happened about the year 1170, and after that he and his colony were heard of no more. But it is to be observed that Powell, on whose testi- mony the authenticity of this story rests, published his history above four centuries from the date of the event which he relates. Among a people as rude and as illiterate as the Welch at that period, the memory of a transaction so remote must have been very imperfectly preserved, and would require to be confirmed by some author of greater credit, and nearer to the era of Madoc's voyage, than Powell. Later antiquaries have indeed appealed to the testi- mony of Meredith ap Rees, a Welch bard, who died A. D. 1477. But he, too, lived at such a distance of time from the event, that he cannot be considered as a witness of much more credit than Powell. Besides, his verses, published by Hakluyt, vol. iii. p. 1. con- vey no information, but that Madoc, dissatisfied with his domestic situation, employed himself in searching the ocean for new possessions. But even if we ad- mit the auihoniicity of Powel's story, it docs not follow that the unknown country which Madoc dis- covered by steering west, in such a course as to leave Ireland to the north, was any part of America. The naval skill of the Welch in the twelfth century was hardly equal to such a voyage. If he made any discovery at all, it is more probable that it was Ma- deira, or some other of the western isles. The affi nity of the Welch language with some dialects spoken in America, has been mentioned as a cir- cumstance which confirms the truth of Madoc's voyage. But that affinity has been observed in so iyw instances, and in some of these is so obscure, or so fanciful, that no conclusion can be drawn from the casual resemblance of a small number of words. There is a bird, which, as far as is yet known, is found only on the coasts of South America, from Port Desire to the Straits of Magellan. It is distin guished by the name of Penguin. This word in the Welch language signifies White-head. Almost all the authors who favour the pretensions of the Welch to the discovery of America, mention this as an irre- fragable proof of the affinity of. the Welch language with that spoken in this region of America. But Mr. Pennant, who has given a scientific description of the penguin, observes, that all the birds of this genus have black heads, " so that we must resign every hope (adds he) founded on this hypothesis, of retrieving the Cambrian race in the New World." Philos. Transac. vol. Iviii. p. 91, &c. Besides this, if the Welch, towards the close of the twelfth cen- tury, had settled in any part of America, some re- mains of the christian doctrine and rites must have been found among their descendants, when they were discovered about three hundred years posterior to their migration ; a period so short, that in the course of it w : e cannot well suppose that all European ideas and arts would bo totally forgotten. Lord Lit- tleton in his notes to the fifth book of his History of Henry II. p. 371, has examined what Powell relates concerning the discoveries made by Madoc, and THE HISTORY OF AMERICA. No. 31. invalidates the truth of his story by other arguments of great weight. The pretensions of the Norwegians to the disco- very of America seem to be better founded than those of the Germans or Welch. .The inhabitants of Scan- dinavia were remarkable in the middle ages for the' boldness and extent of their maritime excursions. In 874 the Norwegians discovered and planted a colony in Iceland In 982 they discovered Green- land, and established settlements there. From that some of their navigators proceeded towards the west, and discovered a country more inviting than those horrid regions with which they were acquainted. According to their representation this country was sandy on the coasts, but in the interior parts level and covered with wood, on which account they gave it the name of H die-land, and Mark land, and hav- ing afterwards found some plants of the vine which bore grapes, they called it Win-land. The credit of this story rests, as far as I know, on the authority of the saya, or chronicle of king Olaus, composed by Snorro Sturlonides, or Sturlusons, published by Pe- rinskiold, at Stockholm, A. D. 1697. As Snorro was born in the year 1179, his chronicle might be com- piled about two centuries after the event which he relates. His account of the navigation and disco- veries of Eiorn, and his companion Lief, is a very rude, confused tale, pp. 104, 110, 326. It is impos- sible to discover from him what part of America it was in which the Norwegians landed. According to his account of the length of the days and nights, it must have been as far north as the fifty-eighth de- gree of latitude, on some part of the coast of Labra- dore, approaching near to the entry of Hudson's straits. Grapes, certainly, arc not the production of that country. Torfeus supposes that there is an error in the text, by rectifying of which the place where the Norwegians landed may be supposed to be situated in latitude 49 degrees. But neither is that the region of the vine in America. From pe- rusing Snorro' s tale I should think that the situation of Newfoundland corresponds best with that of the country discovered by the Norwegians. Grapes, however, are not the production of tha barren island. Other conjectures are mentioned by M. Mallet, Introd. a 1'Hist. de Dannem. 175, c. I am not sufficiently acquainted with the literature of the north to examine them. It seems manifest, that if the Norwegians did discover any part of America at that period their attempts to plant colonies proved unsuccessful, and all knowledge of it was soon lost. NOTE 18. Peter Martyr, ab Angleria, a Milanese gentleman, residing at that time in the court of Spain, whose letters contain an account of the trans- actions of that period, in the order wherein they occurred, describes the sentiments with which he himself and his learned correspondents were affected, in very striking terms. "Puc laetitia prosiluisse te, vixque a lachrymis prae gaudio temperasse, quando literas adspexisti meas quibus, de antipodum orbe latenti hactenus, te certiorem feci, mi suavissime Pomponi, insinuasti. Ex tuis ipse literis colligo, quid senseris. Sensisti autem, tantique rem fecisti, quanti virum summa doctrina insignitum decuit. Quis namquc cibus sublimibus. pracstari potest inge- niis, isto suavior ? quod condimentum gratius? A me facio conjecturam. Beatos sentio spiritus meos, { quando accitos alloquor prudentes aliquos ex his qui ab ea redeunt provincia. Implicent animos pecuni- ' arum cumulis augendis miseri avari, libidinibus cb- scoeni ; nostras nos mentes, postquam Deo pleni ali 2 I 242 THE HISTORY OF AMERICA. quando fucrimus, contemplando, hujusceraodi rerum notitia demulciamus." Epist. 152. Pomponio Lseto. NOTE 19. So firmly were men of science in that age persuaded that the countries which Columbus had discovered were connected with the East Indies, that Bernaldes, the Cura de los Palacios, who seems to have been no inconsiderable proficient in the knowledge of cosmography, contends that Cuba was not an island, but a part of the continent, and united to the dominions of the Great Khan. This he deli- vered as his opinion to Columbus himself, who was his guest for some_time on his return from his second voyage; and he supports it by several arguments, mostly founded on the authority of Sir John Mande- ville; MS. penes me. Antonio Gallo, who was se- cretary to the magistracy of Genoa towards the close of the fifteenth century, published a short account of the navigations and discoveries of his countryman Columbus, annexed to his Opuscula Historica de Rebus Populi Genuensis ; in which he informs us, from letters of Columbus which he himself had seen, that it was his opinion, founded upon nautical obser- vations, that one of the islands he had discovered was distant only two hours or thirty degrees from Cattigara, which, in the charts of the geographers of that age, was laid down upon the authority of Pto- lemy, lib. vii. c. 3, as the most easterly place in Asia. From this he concluded, that if some unknown continent did not obstruct the navigation, there must be a short and easy access, by holding a westerly course, to this extreme region of the east. Muratori Scriptores Her. Italicarum, vol. xxiii. p. 304. NOTE 20. Bernaldes, the Cura or Rector de los Palacios, a contemporary writer, says, that five hun- dred of these captives were sent to Spain, and sold publicly in Seville as slaves ; but that by the change of climate and their inability to bear the fatigue of labour, they all died in a short time. M.S. penes me. NOTE 21. Columbus seems to have formed some very singular opinions concerning the countries which he had now discovered. The violent swell and agitation of the waters on the coast of Trinidad, led him to conclude this to be the highest part of the terraqueous globe ; and he imagined that various circumstances concurred in proving that the sea was here visibly elevated. Having adopted this erroneous principle, the apparent beauty of the country induced him to fall in with a notion of Sir John Mandeville, c. 102, that the terrestrial paradise was the highest land in the earth ; and he believed that he had been so fortunate as to discover this happy abode. Nor ought we to think it strange that a person of so much sagacity should be influenced by the opinion or re- ports of such a fabulous author as Mandeville. Co- lumbus and the other discoverers were obliged to follow such guides as they could find ; and it appears from several passages in the manuscript of Andr. Bernaldes, the friend of Columbus, that no inconsi- derable degree of credit was given to the testimony of Mandeville in that age. Bernaldes frequently quotes him, and always with respect. NOTE 22. It is remarkable that neither Gomara nor Oviedo, the most ancient Spanish historians of America, nor Hervera, consider Ojeda, or his companion Vespucci, as the first discoverers of the continent of America. They uniformly ascribe this honour to Columbus. Some have sup- posed that national resentment against Vespucci, for deserting the service of Spain, and entering into that of Portugal, may have prompted these writers to conceal the actions which he performed. But Martyr and Benzoni. both Italians, could not be warped by the same prejudice. Martyr was a contemporary author; he resided in the court of Spain, and had the best opportunity to be exactly informed with respect to all public transactions ; and yet neither in his Decads, the first general history published of the New World, nor in his epistles, which contain an account of all the re- markable events of his time, does he ascribe to Vespucci the honour of ^having first discovered the continent. Benzoni went as an adventurer to America in the year 1541, and resided there a con- siderable time. He appears to have been animated with a warm zeal for the honour of Italy, his native country, and yet does not mention the exploits and discoveries of Vespucci. Herrera, who compiled his general history of America from the most au- thentic records, not only follows those early writers, but accuses Vespucci of falsifying the dates of both the voyages which he made to the New World, and of confounding the one with the other, in order that he might arrogate to himself the glory of having discovered the continent. Her. dec. 1. lib. iv. c. 2. He asserts, that in a judicial inquiry into this matter by the royal fiscal, it was proved by the testimony of Ojeda himself, that he touched at Hispaniola when returning to Spain from his first voyage ; whereas Vespucci gave out that they returned directly to Cadiz from the coast of Paria, and touched at Hispaniola only in their second voyage ; and that he had finished the voyage in five months, whereas, according to Vespucci's account, he had employed seventeen months in performing it. Viaggio primo de Am. Vespucci, p. 36. Viag. secundo, p. 45. Herrera gives a more full account.of this inquest in another part of his Decads, and to the same effect. Her. dec. 1. lib. vii. c. 5. Columbus was in His- paniola when Ojeda arrived there, and had by that time come to an agreement with Roldan, who opposed Ojeda's attempt to excite a new insurrection, and, of consequence, his voyage must have been posterior to that of the admiral. Life of Columbus, c. 84. According to Vespucci's account, he set out on his first voyage, May 10, 1497. Viag. primo, p. 6. At that time Columbus was in the court of Spain, pre- paring for his voyage, and seems to have enjoyed a considerable degree of favour. The affairs of the New World were at this juncture under the direction of Antonio Torres, a friend of Columbus. It is not probable, that at that period a commission would be granted to another person, to anticipate the admiral, by undertaking a voyage which he himself intended to perform. Fonseca, who patronized Ojeda, and granted the license for his voyage, was not recalled to court, and reinstated in the direction of Indian affairs, Until 'the death of prince John, which hap- pened September, 1497 (P. Martyr, Ep. 182.), se- veral months posterior to the time at which Vespucci pretends to have set out upon his voyage. A life of Vespucci was published at Florence by the Abate Bandini, A. D. 1745, 4to. It is a work of no merit, written with little judgment, and less candour. He contends for his countryman's title to the discovery of the continent with all the blind zeal of national partiality, but produces no new evidence to support it. We learn from him that Vespucci's account of his voyage was published as early as the year 1510, and probably sooner. Vita di Am. Vesp. p. 52. At what time the name of AMERICA came to be first given to the New World is not certain. NOTE 23. The form employed on this occasion served as a model to the Spaniards in all their subsequent conquests in America. It is so extra THE HISTORY OF AMERICA. 243 ordinary in its nature, and gives us such an idea of the proceedings of the Spaniards, and the principles upon which they founded their right to the extensive dominions which they acquired in the New World, that it well merits the attention, of the reader. " I Alonso dc Ojeda, servant of tlie most high and powerful kings of Castile and Leon, the conquerors of barbarous nations, their messenger and captain, notify to you and declare, in as ample form as I am capable, that God our Lord, who is one and eternal, created the heaven and the earth, and one man and one woman, of whom you and we, and all the men who have been or shall be in the world, are de- scended. But as it has come to pass through the number of generations during more than five thou- sand years, that they have been dispersed into dif- ferent parts of the world, and are divided into various kingdoms and provinces, because one coun- try was not able to contain them, nor could they have found in one the means of subsistence and preservation ; therefore God our Lord gave the charge of all those people to one man named St. Peter, whom he constituted the lord and head of all the human race, that all men, in whatever place they are born, or in whatever faith or place they are educated, might yield obedience unto him. He hath subjected the whole world to his jurisdiction, and commanded him to establish his residence in Rome, as the most proper place for the government of the world. He likewise promised and gave him power to establish his authority in every other part of the world, and to judge and govern all Christians, Moors, Jews, Gentiles, and all other people, of whatever sect or faith they may be. To him is given the name of Pope, which signifies admirable, great father and guardian, because he is the father and governor of all men. Those who lived in the time of this holy father obeyed and acknowledged him as their lord and king, and the superior of the universe. The same has been observed with respect to them who, since his time, have been chosen to the pontificate. Thus it now continues, and will continue to the end of the world. " One of these pontiffs, as lord of the world, hath made a grant of these islands, and of the Tierra Firme of the ocean sea, to the catholic kings of Castile, Don Ferdinand and Donna Isabella, of glorious memory, and their successors, our sove- reigns, with all they contain, as is more fully ex- pressed in certain deeds passed upon that occasion, which you may see, if you desire it. Thus his ma- I jesty is king and lord of these islands and of the continent, in virtue of this donation ; and, as king and lord aforesaid, most of the islands to which his title has been notified, have recognised his majesty, and now yield obedience and subjection to him as their lord, voluntarily and without resistance ; and instantly, as soon as they received information, they obeyed the religious men sent by the king to preach to them, and to instruct them in our holy faith ; and all these, of their own free will, without any recompence or gratuity, became Christians, and con- tinue to be so ; and his majesty having received them graciously under his protection, has com- manded that they should be treated in the same manner as his other subjects and vassals. You are bound and obliged to act in the same manner. Therefore I now entreat and require you to consider attentively what I have declared to you ; and that you may more perfectly comprehend it, that you take such time as is reasonable, in order that you may acknowledge the church as the superior and guide of the universe, and likewise the holy father called the pope, in his own right, and his majesty by his appointment, as king and sovereign lord of these islands, and of the Tierra Firme ; and that you consent that the aforesaid holy . fathers shall declare and preach to you the doctrines above men- tioned. If you do this, you act well, and perform that to which you are bound and obliged ; arid his majesty, and I in his name, will receive you with love and kindness, and will leave you, your wives and children, free and exempt from servitude, and in the enjoyment of all you possess, in the same manner as the inhabitants of the islands. Besides this, his majesty will bestow upon you many privi- leges, exemptions, and rewards. But if you will not comply, or maliciously delay to obey my injunction, then, with the help of God, I will enter your country by force; I will carry on war against you with the utmost violence ; I will subject you to the yoke of obedience to the church and king ; I will take your wives and children, and will make them slaves, and sell or dispose of them according to his majesty's pleasure ; I will seize your goods, and do you all the mischief in my power, as rebellious subjects, who will not acknowledge or submit to their lawful sovereign. And I protest, that all the bloodshed and calamities which shall follow, are to be imputed to you, and not to his majesty, or to me, or the gentlemen who serve under me ; and as I have now made this declaration and requisition unto you, I require the notary here present to grant me a cer tificate of this, subscribed in proper form." Hcrrcra, dec. 1. lib. vii. c. 14. > NOTE 24. Balboa, in his letter to the king, ob- serves, that of the hundred and ninety men whom he took with him, there never were above eighty fit for seivice at one time. So much did they suffer from hunger, fatigue, and sickness. Herrera, dec. 1. lib. x. c. 16. P. Mart, decad. 225. NOTE 25. Fonseca, bishop of Palencia, the principal director of American affairs, had eight hundred Indians in property; the commendator Lope de Conchillos, his chief associate in that de- partment, eleven hundred ; and other farourites had considerable numbers. They sent overseers to the islands, and hired out those slaves to the planters. Herrera, dec. 1. lib. ix. c. 14. p. 325. NOTE 26. Though America is more plentifully supplied with water than the other regions of the globe, there is no river or stream of water in Yucatan. This peninsula projects from the continent a hun- dred leagues, but, where broadest, does not extend above twenty-five leagues. It is an extensive plain, not only without mountains, but without almost any inequality of ground. The inhabitants are supplied with water from pits, and wherever they dig them, find it in abundance. It is probable, from all these circumstances, that this country was formerly co- vered by the sea. Herrerse Descriptio Indise Occi- dentalis, p. 14. Histoire Naturelle, par M. de Buffon, torn. i. p. 593. NOTE 27. M. Clavigero censures me for having represented the Spaniards who sailed with Cordova and Grijalva, as fancying, in the warmth of their imagination, that they saw cities on the coast of Yucatan adorned with towers and cupolas. I know not what translation of my history he has consulted (for his quotation from it is not taken from the original), but I never imagined that any building erected by the Americans could suggest the idea of a cupola or dome, a structure which their utmost skill in architecture was incapable of rearing. My words 244 THE HISTORY OF AMERICA. are, that they fancied the villages which they saw from their ships " to be cities adorned with towers and pinnacles." By pinnacles I meant some eleva- tion above the rest of the building ; and the passage is translated almost literally from Herrera, dec. 2. lib. iii. c. 1. In almost all the accounts of new coun- tries given by the Spanish discoverers of that age, this warmth of admiration is conspicuous, and led them to describe these new objects in the most splen- did terms. When Cordova and his companions first beheld an Indian village of greater magnitude than any they had beheld in the islands, they dignified it by the name of Grand Cairo, B. Diaz, c. 2. From the same cause Grijalva and his associates thought the country, along the coast of which they held their course, entitled to the name of New Spain. NOTE 28. The height of the most elevated point in the Pyrenees is. according to M. Cassini, six thousand six hundred and forty-six feet. The height of the Peak of Teneriffe, according to the measurement of P. Feuiile, is thirteen thousand one hundred and seventy-eight feet. The height of Chimborazzo, the most elevated point of the Andes, is twenty thousand j two hundred and eighty feet ; no less than seven i thousand one hundred and two feet above the highest j mountain in the ancient continent. Voyage de D. J Juan Ulloa, Observations Astron. et Physiq. torn. ii. p. 114. The line of congelation on Chimborazzo, or that part of the mountain which is covered perpetually i with snow, is no less than two thousand four hundred ' feet from its summit. Prevot. Hist. Gener. des Voy- ages, vol xiii. p. 636. NOTE 29. As a particular description makes a stronger impression than general assertions, I shall give one of Rio de la Plata by an eye-witness, P. Cattaneo, a Modenese Jesuit, who landed at Buenos Ayres in 1749, and thus represents what he felt when such new objects were first presented to his view. " While I resided in Europe, and read in books of history or geography that the mouth of the river de la Plata was a hundred and fifty miles in breadth, I considered it as an exaggeration, because in this hemisphere we have no example of such vast rivers. When I approached its mouth, I had the most ve- hement desire to ascertain the truth with my own eyes ; and I have found the matter to be exactly as it was represented. This I deduce particularly from one circumstance : When' we took our departure from Monte-Video, a fort situated more than a hun- dred miles from the mouth of the river, and where its breadth is considerably diminished, we sailed a complete day before we discovered the land on the opposite bank of the river ; and when we were in the middle of the channel, we could not discern land on either side, and saw nothing but the sky and water, as if we had been in some great ocean. Indeed we should have taken it to be sea, if the fresh water of the river, which was turbid like the Po, had not satisfied us that it was a river. Moreover, at Buenos Ayres, another hundred miles up the river, and where it is still much narrower, it is not only im- possible to discern the opposite coast, which is indeed very low and flat, but one cannot perceive the houses or the tops of the steeples in the Portuguese settle- ment at .Colonia on the other side of the river." Lettera prima, published by Muratori, II Christian- esimo Felice, &c. i. p. 357. NOTE 30. Newfoundland, part of Nova Scotia, and Canada, are the countries which lie in the same parallel of latitude with the kingdom of France ; and in every part of these the water of the rivers is frozen during winter to the thickness of several feet; the j earth is covered with snow as deep ; almost all the birds fly, during that season, from a climate where they could not live. The country of the Esquimaux, part of Labrador, and the countries on the south of Hudson's bay, are in the same parallel with Great Britain ; and yet in all these the cold is so intense, that even the industry of Europeans has not at- tempted cultivation. NOTE 31. Acosta is the first philosopher, as far as I k'now, who endeavoured to account for the different degrees of heat in the old and new continents, by the agency of the winds which blow in each. Hibt. Moral. &c. lib. ii. and iii. M. de Button adopts this theory, and has not only improved it by new obser- vations, but has employed his amazing powers of descriptive eloquence in embellishing and placing it in the most striking light. Some remarks may be added, which tend to illustrate more fully a doctrine of much importance in every inquiry concerning the temperature of various climates. When a cold wind blows over land, it must in its passage rob the suri'ace of some of its heat. By means of this, the coldness of the wind is abated. But if it continue to blow in the same direction, it will come, by degrees, to pass over a surface already cooled, and will suffer no longer any abatement of its own keenness. Thus, as it advances over a large tract of land, it brings on all the severity of intense frost. Let the same wind blow over an extensive and deep sea ; the superficial water must be immediately cooled to a certain degree, and the wind proportion- ably warmed. But the superficial and colder water becoming specifically heavier than the warm water below it, descends; what is warmer supplies its place, which, as it comes to be cooled in its turn, continues to warm the air which passes over it, or to diminish its cold. This change of the superficial water and successive ascent of that which is warmer, and the consequent successive abatement of coldness in the air, is aided by the agitation caused in the sea by the mechanical action of the wind, and also by the motion of the tides. This will go on, and the rigour of the wind will continue to diminish, until the whole water is so far cooled that the water on the surface is no longer removed from the action of the wind, fast enough to hinder it from being arrested by frost. Whenever the surface freezes, the wind is no longer wanned by the water from below, and it goes on with undiminished cold. From those principles may be explained the severity of winter frosts in extensive continents ; their mildness in small islands; and the superior rigour of winter in those parts of North America with which we are best acquainted. In the north-west parts of Europe, the seventy of winter is mitigated by the west winds, which usually blow in the months of November, December, and part of January. On the other hand, when a warm wind blows over land, it heats the surface, which must therefore cease to abate the fervour of the wind. But the same wind blowing over water, agitates it, brings up the cold water from below, and thus is continually losing somewhat of its own heat. But the great power of the sea to mitigate the heat of the wind or air passing over it, proceeds from the following circumstance : that on account of the transparency of the sea, its surface cannot be heated to a great degree by the sun's rays ; whereas the ground, ^subjected to their influence, very soon acquires great heat. When, therefore, the waul blows over a torrid continent, it is soon raised to a THE HISTORY OF AMERICA. 245 heat almost intolerable ; but during its passage over an extensive ocean, it is gradually cooled ; so thai on its arrival at the furthest shore, it is again fit for respiration. Those pi'inciples will account for the sultry heats of large continents in the torrid z6ne ; for the mile climate of islands in the same latitude ; and for tht superior warmth in summer which large continents, situated in the temperate or colder zones of the earth, enjoy, when compared with that of islands The heat of a climate depends not only upon the immediate effect of the sun's rays, but on their continued operation, on the effect which they have formerly produced, and which remains for some time in the ground. This is the reason why the day is wannest about two in the afternoon, the sum- mer warmest about the middle of July, and the winter coldest about the middle of January. The forests which cover America, and hinder the sun-beams from heating the ground, are a greaj cause of the temperate climate in the equatorial parts. The ground, not being heated, cannot heat the air ; and the leaves, which receive the rays inter- cepted from the ground, have not a mass of matter sufficient to absorb heat enough for this purpose. Besides, it. is a known fact, that the vegetative power of a plant occasions a perspiration from the leaves in proportion to the heat to which they are exposed; and from the nature of evaporation, this perspiration produces a cold in the leaf proportional to the perspiration. Thus the effect of the leaf in heating the air in contact with it, is prodigiously diminished. For these observations, which throw much additional light on this curious subject, I am indebted to my ingenious friend, Mr. Kobison, professor of natural philosophy in the university of Edinburgh. NOTE 32. The climate of Brazil has been des- cribed by two eminent naturalists, Piso and Margrave, who observed it with a philosophical accuracy for which we search in vain in the accounts of many other provinces in America. Both represent it as temperate and mild, when compared with the climate of Africa. They ascribe this chiefly to the refreshing wind which blows continually from the sea. The air is not only cool, but chilly through the night, in so much that the natives kindle fires every evening in their huts. Piso do Medicina Brasiliensi, lib. i. p. 1, &c. Margravius Histor. Rerum Natural. Bra- siliae, lib. viii. c. 3. p. 264. Nieuhoff, who resided long in Brazil, confirms their description. Churchill's Collection, vol. ii. page 26. Gumilla, who was a missionary many years among the Indians upon the river Oronoco, gives a similar description of the temperature of the climate there. Hist, de 1'Ore- noque, torn. i. p. 26, P. Acugna felt a very conside- rable degree of cold in the countries on the banks of the river Amazons. Relat. vol. ii. p. 56. M. Biet, who lived a considerable time in Cayenne, gives a similar account of the temperature of that climate, and ascribes it to the same cause. Voyage de la France, Equinox, p. 330. Nothing can be more different from these descriptions than that of the burning heat of the African coast given by M Ad- anson. Voyage to Senegal, passim. NOTE 33. Two French frigates were sent upon a voyage of discovery in the year 1739. In latitude 44 deg. south, they began to feel a considerable de- 50 deg. 33 min. south, on the fifteenth of December, which is midsummer in that part of the globe, the twenty-first of December, being the longest day there, compares the climate to that of England in the middle of winter. Voyages by Hawkesworth, i. 25. Mr. Banks having landed on Terra del Fuego, in the bay of Good Success, lat. 55 deg. on the six- teenth of January, which corresponds to the month of July in our hemisphere, two of his attendants died in one night of extreme cold, and all the party were in the most eminent danger of perishing. Id. ii. 51, 52. By the fourteenth of March, corresponding to September in our hemisphere, winter was set in with rigour, and the mountains were covered with snow. Ibid. 72. Captain Cook, in his voyage towards the south pole, furnishes new and striking instances of the extraordinary predominance of cold in this region of the globe. " Who would have thought (says he) that an island of no greater extent than seventy leagues in circuit, situated between the latitude of 54 and 55 deg. should, in the very height of summer, be in a manner wholly covered, many fathoms deep, with frozen snow, but more especially the S. W. coast ? The very summits of the lofty mountains were cased with snow and ice ; but the quantity that lay in the valleys is incredible ; and at the bottom of the bays the coast was terminated by a wall of ice of considerable height." Vol. ii.. p. 217. In some places of the ancient continent, an ex- traordinary degree of cold prevails in very low lati- tudes. Mr. Bogle, in his embassy to the court of the Delai Lama, passed the winter of the year 1774 at Chamnanning, in lat. 31 deg. 39 min. N. He often found the thermometer in his room twenty-nine degrees under the freezing point by Fahrenheit's scale ; and in the middle of April the standing waters were all frozen, and heavy showers of snow fre- quently fell. The extraordinary elevation of the country seems to be the cause of this excessive cold. In travelling from Indostan to Thibet, the ascent to the sumriiit of the Boutan mountains is very great, but the descent on the other side is not in equal pro portion. The kingdom of Thibet is an elevated region, extremely bare and desolate. Account of Thibet, by Mr. Stewart, read in the Royal Society, [>. 7. The extraordinary cold in low latitudes in America cannot be accounted for by the same cause. Those regions are not remarkable for elevation. Some of them are countries depressed and level. The most obvious and probable cause of the supe- rior degree of cold towards the southern extremity of America seems to be the form of the continent there. [ts breadth gradually decreases as it stretches from St. Antonio southwards, and from the bay of St. Julian to the straits of Magellan, its dimensions are much contracted. On the east and west sides it is vashed by the Atlantic and Pacific oceans. From ts southern point it is probable that a great extent )f sea, without any considerable tract of land, caches to the Antarctic pole. In whichever of hese directions the wind blows, it is cooled before it approaches the Magellanic regions by passing over a /ast body of water; nor is the land there of such extent that it can recover any considerable degree of eat in its progress over it. These circumstances concur in rendering the temperature of the air in this district of America more similar to that of an gree of cold. In latitude 48 deg. they met with > insular than to that of a continental climate, and hin- islands of floating ice. Histoires des Navigations aux j der it from" acquiring the same degree of summer Torres Australes, torn. ii. p. 256, &c. Dr. Halley i heat with places in Europe and Asia in a correspond- fell in with ice in lat. 59 deg. Id. torn. i. p. 47. Com- ! ent northern latitude. The north wind is the only modove Byron, when on the coast of Patagonia, lat. ' one that reaches this part of America, after blowing 246 THE HISTORY OF AMERICA. over a great continent. But from an attentive sur- vey of its position, this will be found to have a ten- dency rather to diminish than augment the degree of heat. The southern extremity of America is pro- perly the termination of the immense ridge of the Andes, which stretches nearly in a direct line from north to south, through the whole extent of the con- tinent. The most sultry regions in South America, Guiana, Brazil, Paraguay, and Tucuman, lie many degrees to the east of the Magellanic regions. The level country of Peru, which enjoys the tropical heats, is situated considerably to the west of them. The north wind then, though it blows over land, does not bring to the southern extremity of America an increase of heat collected in its passage over torrid regions ; but before it arrives there, it must have swept along the summits of the Andes, and comes impregnated with the cold of that frozen region. Though it be now demonstrated that there is no southern continent in that region of the globe which it was supposed to occupy, it appears to be certain from Captain Cook's discoveries, that there is a large tract of land near the south pole, which is the source of most of the ice spread over the vast southern ocean. Vol. ii. p. 230, 239, &c. Whether the in- fluence of this remote frozen continent may reach the southern extremity of America, and affect its climate, is an inquiry not unworthy of attention. NOTE 34. M. Condamine is one of the latest and most accurate observers of the interior state of South America. " After descending from the Andes" (says he), " one beholds a vast and uniform prospect of water and verdure, and nothing more. One treads upon the' earth, but does not see it ; as it is so entirely covered with luxuriant plants, weeds, and shrubs, that it would require a considerable degree of labour to clear it for the space of a foot." Relation abregee d'un Voyage, &c. p. 48. One of the singularities in the forests is a sort of osiers, or withes, called bejucos by the Spaniards, lianes by the French, and nibbes by the Indians, which are usually employed as those bordering on the frozen sea he could not live. quarters of the globe. From antlers of the moose- deer which have been found in America, it appears to have been an animal of great size. Near the banks of the Ohio a considerable number of bones of an immense magnitude have been found. The place where this discovery has been made lies about one hundred and ninety miles below the junction of the river Scioto with the Ohio. It is about four miles distant from the banks of the latter on the side of the marsh called the Salt Lick. The bones lie in vast quantities about five or six feet under ground, and the stratum is visible in the bank on the edge of the Lick. Journal of Colonel Georye Croylan, MS. penes me. This spot seems to be accurately laid down by Evans in his map. These bones must have belonged to animals of enormous bulk ; but naturalists, being acquainted with no living creature of such size, were at first inclined to think that they were mineral substances. Upon receiving a greater number of specimens, and after inspecting them more narrowly, they are now allowed to be the bones of an animal. As the elephant is the largest known quadruped, and the tusks which were found nearly resembled, both in form and quality, the tusks of an elephant, it was concluded that the carcases depo- sited on the Ohio were of that species. But Dr. Hunter, one of the persons of our age best qualified to decide with respect to this point, having accu- rately examined several parcels of the tusks, and grinders, and jaw-bones, sent from the Ohio to Lon- don, gives it as his opinion, that they did not belong to an elephant, but to some huge carnivorous animal _ /? _ .. i __ TII_ M rri i 1__:^: of an p. 31. unknown species. Phil. Transact, vol. Iviii. Bones of the same kind, and as remarkable for their size, have been found near the mouths of the great rivers Oby, Jeniseia, and Lena, in Siberia. Strahlerenberg, Descript. of North and East Parts of Eu'ope and Asia, p. 402, c. The elephant seems to be confined in his range to the torrid zone, and never multiplies beyond it. In such cold regions as ropes in America. This is one of the parasitical plants, which twists about the trees itmeets with, and rising above their highest branches, its tendrils de- scend perpendicularly, strike into the ground, take root, rise up around another tree, and thus mount and descend alternately. Other tendrils are carried obliquely by the wind, or some accident, and form a of which no account is preserved in history confusion of interwoven cordage, which resembles the rigging of a ship. Bancroft, Nat. Hist, of Guiana, 99. These withes are often as thick as the arm of a man. Ib. p. 75. M. Bouguer's account of the forests in Peru perfectly resembles this description. Voyages au Peru, p. 16. Oviedo gives a similar description of the forests in other parts of America. Hist. lib. ix. p. 144. D. The country of the Moxos is so much overflowed that they are obliged to reside on the summit of some rising ground during some part of the year, and have no communication with their countrymen at any distance. Lettres Edifiantes, torn. x. p. 187. Garcia gives a full and just descrip- tion of the rivers, lakes, woods, and marshes in those countries of America which lie between the tropics. Origin de los Indies, lib. ii. c. 5, s. 4, 5. The in- credible hardships to which Gonzalez Pizarro was exposed in attempting to march into the country to the east of the Andes, convey a very striking idea of that part of America in its original uncultivated state. Garcil. de la Vega, Royal. Comment, of Peru, part ii. book iii. c. 2 5. NOTE 35. The animals of America seem not to have been always of a size inferior to those in other The existence of such large animals in America might open a wide field for conjecture. The more we contemplate the face of nature, and consider tho variety of her productions, the more we must be sa- tisfied, that astonishing changes have been made in the terraqueous globe by convulsions and revolutions, NOTE 36. This degeneracy of the domestic Eu- ropean animals in America may be imputed to some of these causes. In the Spanish settlements, wliieh are situated either within the torrid zone, or in coun- tries bordering upon it, the increase of heat, and di- versity of food, prevent sheep and horned cattle from attaining the same size as in Europe. They seldom become so fat, and their flesh is not so juicy, or of such delicate flavour. In North America where the climate is more favourable, and similar to that of Europe, the quality of the grasses which spring up naturally in their pasture-grounds is not good. Mit- chell, p. 151. Agriculture is still so much in its infancy, that artificial food for cattle is not raised in any quantity. During a winter, long in many pro- vinces and rigorous in all, no proper care is taken of their cattle. The general treatment of their horses and horned cattle is injudicious and harsh in all the English colonies. These circumstances con- tribute more, perhaps, than any thing peculiar in the quality of the climate, to the degeneracy of breed in the horses, cows, and sheep, of many of the North American provinces. NOTE 37. In the year 1518 the island of Hispa- THE HISTORY OF AMERICA. 247 niola was afflicted with a dreadful visitation of those destructive insects, the particulars of which Herreva describes, and mentions a singular instance of the su- perstition of the Spanish planters. After trying various methods of exterminating the ants, they resolved to implore protection of the saints ; but as the calamity was new, they were at a loss to find out the saint who could give them the most effectual aid. They cast lots in order to discover the patron whom they should invoke. The lots decided in favour of St. Saturninus. They celebrated his festival with great solemnity, and immediately, adds the historian, the calamity began to abate. Herrera, dec. 2, lib. iii. c. 15, p. 107. NOTE 38. The author of Recherches Philoso- phiques sur les Americains, supposes this difference in heat to be equal to twelve degrees, and that a place thirty degrees from the equator in the old con- tinent is as warm as one situated eighteen degrees from it in America, torn. i. p. 11. Dr. Mitchell, after observations carried on during thirty years, contends that the difference is equal to fourteen or fifteen degrees of latitude. Present State, &c. p. 257. NOTE 39. January 3rd, 17G5, Mr. Bertram, near the head of St. John's river, in East Florida, ob- served a frost so intense, that in one night the ground was frozen an inch thick upon the banks of the river. The limes, citrons, and banana trees at St. Augustin were destroyed. Bertram's Journal, p. 20. Other instances of the extraordinary operations of cold in the southern provinces of North America are collected by Dr. Mitchell. Present State, p. 206, &c. February 7th, 1747, the frost at Charlcstown was so intense, that a person having carried two (mart bottles of hot water to bed, in the morning they were split to pieces, and the water converted into solid lumps of ice. In a kitchen, where there was a fire, the water in a jar, where there was a large live eel, was frozen to the bottom. Almost all the orange and olive-trees were destroyed. De- scription of South Carolina, 8vo. Lond. 1761. NOTE 40. A remarkable instance of this occurs in Dutch Guiana, a country everywhere level, and so low, that during the rainy seasons it is usually covered with water near two feet in height. This renders the soil so rich, that on the surface, for twelve inches in depth, it is a stratum of perfect manure, and as such has been transported to Bar- badoes. On the banks of the Essequebo, thirty crops of ratan canes have been "raised successively ; whereas, in the West India Islands, not more than two is ever expected from the richest land. The ex- pedients by which the planters endeavour to diminish this excessive fertility of the soil are various. Ban- croft, Nat. Hist, of Guiana, p. 10, &c. NOTE 41. Muller seems to have believed, without sufficient evidence, that the cape had been doubled torn. i. p. 11, &c. ; and the imperial academy of St. Petersburgh gives some countenance to it by the manner in which Tschukotskoi-noss is laid down in their charts. But I am assured, from undoubted authority, that no Russian vessel has ever sailed round that cape ; and as the country of Tschutki is not subject to the Russian empire, it is very im- perfectly known NOTE 42. Were this the place for entering into a long and intricate geographical disquisition, many . curious observations might arise from comparing the accounts of the two Russian voyages and the charts of their respective navigations. One remark is ap- plicable to both. We cannot rely with absolute ertainty on the position which they assign to several if the places which they visited. The weather was o extremely foggy, that they seldom saw the sun or tars ; and the position of the islands and supposed continents was commonly determined by reckoning, not by observation. Behring and Tschirikow pro- ceeded much further towards the east than Krenitzin/" The land discovered by Behring, which he imagined to be part of the American continent, is in the 236th degree of north longitude from the first meridian in the isle of Ferro, and in 58 deg. 28 min. of latitude. Tschirikow came upon the same coast in longitude 241 deg., latitude 65 deg. Muller, i. 248, 249. The brnier must have advanced 60 degrees from the port of Petropawlowski, from which he took his departure, and the latter 65 degrees. But from the chart of Krenitzin's voyage, it appears that he did not sail further towards the east than the 208th degree, and only 32 degrees from Petropawlowski. In 1741, Behring and Tschirikow, both in going and re- turning, held a course which was mostly to the south of that chain of islands which they discovered ; and observing the mountainous and rugged aspect of the headlands which they descried towards the north, they supposed them to be promontories belonging to some part of the American continent, which, as they fancied, stretched as far south as the latitude 56. In this manner they are laid down in the chart published by Muller, and likewise in -a manuscript chart drawn by a mate of Behring's ship, communi- cated to me by Mr. Professor Robinson. But in 1769, Krenitzin, after wintering in the island Alaxa, stood so far towards the north in his return, that his course lay through the middle of what Behring and Tschirikow had supposed to be a continent, which he found to be an open sea, and that they had mistaken rocky isles for the headlands of a conti- nent. It is probable, that the countries discovered ia 1741, towards the east, do not belong to the American continent, but are only a continuation of the chain of islands. The number of volcanoes in. this region of the globe is remarkable. There are several in Kamtchatka, and not one of the islands, great or small, as far as the Russian navigation ex- tends, is without them. Many are actually burning, and the mountains in all bear marks of having been once in a state of eruption. Were I disposed to admit such conjectures as have found place in other inquiries concerning the people of America, I might suppose that this part of the earth, having mani- festly suffered violent convulsions from earthquakes and volcanoes, an isthmus, which may have formerly united Asia to America, has been broken, and formed into a cluster of islands by the shock. It is singular, that at the very time the Russian navigators were attempting to make discoveries in the north-west of America, the Spaniards were pro- secuting the same design from another quarter. In 1769, two small vessels sailed from Loretto, in California, to explore the coasts of the country to the north of that peninsula. They advanced no further than the port of Monte -Rey, in latitude 36. But, in several successive expeditions, fitted out from the port of St. Bias in New Galicia, the Spaniards have advanced as far as the latitude 58. Gazeta de Madrid, March 19, and May 14, 1776. But as the journals of those voyages have not yet been published, I cannot compare their progress with that of the Russians, or show how near the navigators of the two nations have approached to each other. It is to be hoped, that the enlightened minister who has now the direction of American, 246 THE HISTORY OF AMERICA. affairs in Spain, will not withhold this informatioi from the public. NOTE 43. Our knowledge of the vicinity of the two continents of Asia and America, which was very imperfect when I published the History o; America in the year 1777, is now complete. Mr, Coxe's Account of the Russian Discoveries between Asia and America, printed in the year 1780, con- tains many curious and important facts with rcspecl to the various attempts of the Russians to open communication with the New World. The history of the great voyage of discovery, begun by Captain Cook in 1776, and completed by Captains Clerk and Gore, published in the year 1780, communicates all the information that the curiosity of mankind could desire with regard to this subject. At my request, my friend Mr. Play fair, Professor of Mathematics in the University of Edinburgh, has compared the narrative and charts of those illus- trious navigators, with the more imperfect relations and maps of the Russians The result of this com- parison I communicate in his own words, with much greater confidence in his scientific accuracy than I could have ventured to place in any observations which I myself might have made upon the subject. " The discoveries of Captain Cook, in his last voyage, have confirmed the conclusions which Dr. Robertson had drawn, and have connected together the facts from which they were deduced. They have now rendered it certain that Behring and Tschivikow touched on the coast of America in 1741. The former discovered land in latitude 58 deg. 28 min., and about 236 deg. east from Ferro. He has given such a description of the bay in which he anchored, and the high mountain to the westward of it, which he calls St. Elias, that though the account of his voyage is much abridged in the English translation, Captain Cook recognised the place as he sailed along the western coast of America in the year 1778, The isle of St. Hermogenes, near the mouth of Cook's River, Schumagin's Isles on the coast of Alashka, and Foggy Isle, retain, in Captain Cook's chart, the names which they had received from the Russian navigator. Cook's Voy. vol. ii. p 347. " Tschirikow came upon the same coast, about 2 deg. 30 min. further south than Behring, near the Mount. Edgcumbe of Captain Cook. " With regard to Krenitzin, we learn from Coxe's Account of the Russian Discoveries, that he sailed from the mouth of the Kamtchatka River with two ships in the year 1768. With his own ship he reached the Island of Oonolashka, in which there had been a Russian settlement since the year 1762, where he wintered, probably in the same harbour or bay where Captain Cook afterwards anchored. The other ship wintered at Alashka, which was supposed to be an island, though it be in fact a part of the American continent. Krenitzin accordingly re- turned without knowing that either of his ships had been on the coast of America; and this is the more surprising, because Captain Cook has informed us that Alashka is understood to be a great continent, both by the Russians and the natives at Oonolashka. " According to Krenitzin, the ship which had wintered at Alashka had hardly sailed 32 deg. to the eastward of the harbour of St. Peter and St. Paul, in Kamtchatka ; but, according to the more ac- curate chart of Captain Cook, it had sailed no less than 37 deg. 17 min. to the eastward of that harbour. There is nearly the same mistake of 5 degrees in the longitude which Kreuitzin assigns to Oonolashka. It is remarkable enough, that in the chart of those seas, put into the hand of Captain Cook by the Rus- sians on that island, there was an error of the same kind, and very nearly of the same extent. " But what is of most consequence to be remarked on the subject is, that the discoveries of Captain Cook have fully verified Dr. Robertson's conjecture, that ' it is probable that future navigators in those seas, by steering further to the north than Behring and Tschirikow or Krenitzin had done, may find that the continent of America approaches still nearer to that of Asia.' Book iv. p. 8U9. It has ac- cordingly been found that these two continents, which, in the parallel of 55 deg. or that of the south- ern extremity of Alashka, are about four hundred leagues asunder, approach continually to one an- other as they stretch together toward the north, un- til, within less than a degree from the polar circle, they are terminated by two capes, only thirteen leagues distant. The east cape of Asia is in lat. 66 deg. 6 min., and in long. 190 deg. 22 min. east from Greenwich ; the western extremity of America, or Prince of Wales' s Cape, is in lat. 65 deg. 46 min. and in long. 191 deg. 45 min. Nearly in the middle of the narrow strait (Behring' s Strait) which sepa- rates these capes, are the two islands of St. Diomede, from which both continents may be seen. Captain King informs us, that as he was sailing through this strait, July 5, 1779, the fog having cleared away, he enjoyed the pleasure of seeing from the ship the continents of Asia and America at the same mo- nent, together with the islands of St. Diomede lying between them. Cook's Voy. vol. iii. p. 244. " Beyond this point the strait opens towards the Arctic sea, and the coasts of Asia and America di- verge so fast from one another, that iu the parallel of deg. they are more than one hundred leagues asunder. Ib. p. 277. To the south of the strait, here are a number of islands, Clerk's, King's, An- derson's, &c. which, as well as those of St. Diomede, may have facilitated the migrations of the natives ? rom the one continent to the other. Captain Cook, lowcver, on the authority of the Russians at Oono- lashka, and for other good reasons, has diminished ;he number of islands which had been inserted in 'onuer charts of the northern Archipelago. He has ilso placed Alashka, or the promontory which stretches from the continent of America S. W. to- wards Kamtchatka, at the distance of five degrees of .Oiagitude further from the coast of Asia than it was eckoned by the Russian navigators. " The geography of the Old and New World is ,herefore equally indebted to the discoveries made in lais memorable voyage ; and as many errors have >een corrected, and many deficiencies supplied by neans of these discoveries, so the accuracy of some brmer observations has been established. The iasis of the map of the Russian empire, as far as egarded Kamtchatka, and the country of the Tschutzki, was the position of four places, Yakut sh, Ochotz, Bolcheresk, and Petropawlowski, which had >een determined by the astronomer Krassilnicow in he year 1744. Nov. Comment. Petrop. vol. iii. ). 465, &c. But ths accuracy of his observations vas contested by M. Engel, and M. Robert, de Vau- foiuly; Coxe, Append, i. No. 2, p. 267, 272; and he former of these geographers ventured to take iway no less than 28 degrees from the longitude, vhich, on the faith of Krassilnicow's observations, vas assigned to the eastern boundary of the Russian mpire. With how little reason this was done, will ippcar from considering that our British navigators, laving determined the position of Petropawlowski THE HlS'l'ORY OF AMERICA. 249 by a great number of very accurate observations, found the longitude of that port 158 deg. 43 min. E. from Greenwich, and its latitude 53 deg. 1 min.; agreeing, the first to less than seven minutes, and the second to less than half a minute, with the calcu- lations of the Russian astronomer; a coincidence which, in the situation of so remote a place, does not leave an uncertainty of more than four English miles, and which, for the credit of science, deserves to be particularly remarked. The chief error in the Russian maps has been in not extending the boun- daries of that empire sufficiently towards the east. For as there was nothing to connect the land of the Tschutzki and the north-east point of Asia with those places whereof the position had been carefully ascertained, except the imperfect accounts of Beh- ring's and Sind's voyages, considerable errors could not fail to be introduced, and that point was laid down as not more than 23 deg. 2 min. east of the meridian of Petropawlowski. Coxe. Append, i. No. 2. By the observations of Captain King, the dift'erence of longitude between Petropawlowski and the East Cape is 31 deg. 9 mm. ; that is 8 deg. 7 min. greater than it was supposed to be by the Russian geogra- ^raphers." It appears from Cook's and King's Voy. iii. p. 272, that the continents of Asia and America are usually joined together by ice during winter. Mr. Samwell confirms this account of his superior officer. ' At this place, viz. near the lat. of 66 dog. N. the two coasts are only thirteen leagues asunder, and about midway between them lie two islands, the distance from which to either shore is short of twenty miles. At this place the natives of Asia could find no difficulty in passing over to the opposite coast, which is in sight of their own. That in a course of years such an event would happen, either through design or accident, cannot admit of a doubt. The canoes which we saw among the Tschutzki were ca- pable of performing a much longer voyage ; and, however ru.de they may have been at some distant period, we can scarcely suppose them unequal to a passage of six or seven leagues. People might have been carried over by accident on floating pieces of ice. They might also have travelled across on sledges or on foot ; for we have reason to believe that i he strait is entirely frozen over in the winter ; so that during that season the continents, with respect to the communication between them, may be consi- dered as one land." Letter from Mr Samwell, Scots Magazine for 1788, p. 604. It is probable that this interesting portion of geographical knowledge will, in the course of a few years, receive further improve- ment. Soon after the publication of Captain Cook's last voyage, the great and enlightened sovereign of Russia, attentive to every thing that may contribute to extend the bounds of science, or to render it more accurate, formed the plan of a new voyage of disco- very, in order to explore those parts of the ocean lying between Asia and America which Captain Cook did not visit, to examine more accurately the islands which stretch from one continent almost to the other, to survey the north-east coast of the Rus- sian empire, from the mouth of the Kovyma, or Ko- lyma, to the North Cape, and to settle, by astrono- mical observations, the position of each place worth notice. The conduct of this important enterprize is committed to Captain Billings, an English officer in the Russian service, of whose abilities for that sta- tion it will be deemed the best evidence, that he ac- companied Captain Cook in his last voyage. To render the expedition more extensively useful, an eminent naturalist is appointed to attend Captain THE HibTORY OF AMERICA. No. 32. Billings. Six years will be requisite for accom- plishing the purposes of the voyage. Coxe, Supple- ment to Russian Discoveries, p." 27, &c. NOTE 44. Few travellers have had such oppor- tunity of observing the natives of America, in its various districts, as Don. Antonio Ulloa. In a work lately published by him, he thus describes the cha racteristical features of the race : " A very small forehead, covered with hair towards its extremities, as far as the middle of the eye-brows ; little eyes ; a thin nose, small and bending towards the upper lip ; the countenance broad ; the ears large ; the hair very black, lank, and coarse ; the limbs well turned, the feet small, the body cf just proportion ; and alto- gether smooth and free from hair, until old age, when they acquire some beard, but never on the cheeks." Noticias Americanas, &c. p. 307. M. lo Chevalier de Pinto, who resided several years in a part of America which Ulloa never visited, gives a sketch of the general aspect of the Indians there. " They are all of copper colour, with some diversity of shade, not in proportion to their distance from the equator, but according to the degree of elevation of the territory which they inhabit. Those who live in a high country are fairer than those in the marshy low lauds on the coast. Their face is round, further removed, perhaps, than that of any people from an oval shape. Their forehead is small, the extremity of their cars far from the face, their lips thick, their nose flat, their eyes black, or of a chesnut colour, small, but capable of discerning objects at a great distance. Their hair is always thick and sleek, and without any tendency to curl. They have no hair on any part -of their body but the head. At the first aspect a southern American appears to be rnild and innocent, but on a more attentive view, one discovers in his countenance something wild, distrustful, and sullen." MS. penes me. The two portraits, drawn by hands very different from those of common tra- vellers, have a near resemblance. NOTE 45. Amazing accounts are given of the persevering speed of the Americans. Adair relates the adventures of a Chikkasah warrior, who ran through woods and over mountains, three hundred computed miles, in a day and a half and two nights. Hist, of Amer. Ind. 396. NOTE 46. M. Godin le Jeune, who resided fif- teen years among the Indians of Peru and Quito, and twenty years in the French colony of Cayenne, in which there is a constant intercourse with the Galibis and other tribes on the Orinoco, observes, that the vigour of constitution among the Americans is exactly in proportion to their habits of labour. The Indians, in warm climates, such as those on the coasts of the South Sea, on the river of Amazons, and the river Orinoco, are not to be compared for strength with those in cold countries ; and yet, says he, boats daily set out from Para, a Portuguese set- tlement on the river of Amazons, to ascend that rivei against the rapidity of the stream, and with the same crew they proceed to San Pablo, which is eight hun- dred leagues distant. No crew of white people, or even of negroes, would be found equal to a task of such persevering fatigue, as the Portuguese have experienced, and yet the Indians, being accustomed to this labour from their infancy, perform it. MS. penes me. NOTE 47. Don Antonio Ulloa, who visited a great part of Peru and Chili, the kingdom of New i Grenada, and several of the provinces bordering on ! the Mexican gulf, while employed in the same ser- ' vice with the French mathematicians during the 2 K THE HISTORY OF AMERICA. space of ten years, and who afterwards had an op- | of the same stature with Spaniards. I never saw one portunity of viewing the North Americans, asserts, I who rose in height two varas and two or three " that if we have seen one American, we may be | inches," i. e. about ttO or 81.332 inches English, if said to have seen them all, their colour and make are so nearly the same." Notic. Americanas, p. 308. A more early observer, Pedro de Cieca de Leon, one of the conquerors of Peru, who had likewise traversed many provinces of America, affirms that the people, men and women, although there is such a multitude of tribes or nations as to be almost innumerable, and such diversity of climates, appear nevertheless like the children of one father and mother. Chronica del' Peru, parte i. c. 19. There is, no doubt, a certain combination of features, and peculiarity of aspect, which forms what may be called a European or Asiatic countenance. There must likewise be one that may be denominated American, common to the whole race. This may be supposed to strike the tra- veller at first sight, while not only the various shades which distinguish people of different regions, but the peculiar features which discriminate individuals, es- cape the notice of a transient observer. But when persons who had resided so long among the Ameri- cans concur in bearing testimony to the similarity of their appearance in every climate, we may conclude that it is more remarkable than that of any other race. See likewise Garcia, Origen de los Indies, Echavarri makes his computation according to the ara of Madrid. This agrees nearly with the mea- surement of Captain Wallis. Reyno Jesuitico, 238. Mr. Falkner, who resided as a missionary forty years in the southern parts of America, says, that " the Patagonians, or Puelches, are a large-bodied people ; but I never heard of that gigantic race which others have mentioned, though I have seen persons of all the different tribes of southern Indians." Introd. p. 26. M. Dobrizhoifer, a Jesuit, who resided eigh- teen years in Paraguay, and who had seen great numbers of the various tribes which inhabit the countries situated upon the straits of Magellan, con firms, in every point, the testimony of his brother- missionary Falkner. Dobrizhoffer "enters into some detail with respect to the opinions of several authors, concerning the stature of the Patagonian?. Having mentioned the reports of some early travellers with regard to the extraordinary size of some bones found on that coast which were supposed to be human, and having endeavoured to shew that these bones belonged to some large marine or land animal, he concludes, " de hisce ossibus crede quicquidlibuerit, dummodo, me suasore, Patagones pro gigantibus de- Historia de Abissonibus, vol. ii. snas habere." p. 19, &c. NOTE 50. Antonio Sanchez Rideiro, a learned p. 54, 242. Torquemada, Monarch. Indiana, ii. 571 NOTE 48. M. le Chevalier de Pinto observes, that in the interior parts of Brazil he had been in- formed that some persons resembling the white peo- i and ingenious physician, published a dissertation in pie of Darien have been found; but that the breed I the year 1765, in which he endeavours to prove, that did not continue, and their children became like j this disease was not introduced from America, but other Americans. This race, however, is very im- ! took its rise in Europe, and was brought on by an perfectly known, MS penes me. NOTE 49. The testimonies of different travellers concerning the Patagoniaus, have been collected and stated with a considerable degree of accuracy by the author of Recherches Philosophiques, &c. torn. i. 281, &c. iii. 181, &c. Since the publication of his work several navigators have visited the Magellanic regions, and like their predecessors, differ widely in their accounts of its inhabitants. very By Commodore Byron and his crew, who sailed through the Straits in 1764, the common size of the Patago- nians was estimated to be eight feet, and many of them much taller. Phil. Transact, vol. Ivii p. 78. By Captains Wallis and Carteret, who actually mea- sured them in 1766, they were found to be from six feet to six feet five and seven inches in height. Phil. Transact, vol. Ix. p. 22. These, however, seem to have been the very people whose size had been rated so high in the year 1764; for several of them had beads and red baize of the same kind with what had been put on board Captain Wallis' s ship, and he naturally concluded that they had got these from Mr. Byron. Hawkesw. i. In 1767 they were again measured by M. Bougainville, whose account differs little from that of Captain Wallis. Voy. 129. To this 1 shall add a testimony of great weight. In the year 1762 Don Bernardo Ibegnez de Echavarri accompanied the Marquis de Valdelirios to Buenos Ayres, and resided there several years. He is a very intelligent author, and his reputation for veracity unimpeached among his countrymen. In speaking of the country towards the southern extremity of America, " By what Indians," says he, " is it pos- sessed ? Not certainly by the fabulous Patagonians, who are supposed to "occupy this district. I have from many eye-witnesses, who have lived among those Indians, and traded much with them, a true and accurate description of their persons. Th< y arc pidemical and malignant disorder. Did I choose to enter into a disquisition on this subject, which I should not have mentioned, if it had not been inti- mately connected with this part of my inquiries, it would not bo difficult to point out some mistakes with respect to the facts upon which he founds, as well as some errors in the consequences which he draws from them. The rapid communication of this disease from Spain over Europe seems however to resemble the progress of an epidemic, rather than that of a disease transmitted by infection. The first mention of it is in the year 1493, and before the year 1497 it had made its appearance in most countries of Europe with such alarming symptoms as rendered it necessary for the civil magistrate to interpose, in order to check its career. Since the publication of this work, a second edition of Dr. Sanchez's Disser- tation has been communicated to me. It contains several additional facts in confirmation of his opi- nion, which is supported with such plausible argu- ments, as render it a subject of inquiry well deserv- ing the attention of learned physicians. NOTE 51. The people of Otaheite have' no deno- mination for any number above two hundred, which is sufficient for their transactions. Voyages by Hawkesworth, ii. 228. NOTE 52. As the view which I have given of rude nations is extremely different from that exhi- bited by very respectable authors, it may be proper to produce some of the many authorities on which I found my description. The manners of the savage tribes in America have never been viewed by persons more capable of observing them with discernment than the philosophers employed by France and Spain in the year 1735, to determine the figure of the earth. M. Bouguer, D. Antonio d'Ulloa, and I). Jorge Jiwn, resided long among the natives of the l^aj-t civilized provinces in Peru. M. de la Con- THE HISTORY OF AMERICA. 251 damine had not only the same advantages with them for observation, but in his voyage dowu the Marag- non, he had an opportunity of inspecting the state of the various nations seated on its banks, in its vast course across the continent of South America. There is a wonderful resemblance in their represen- tation of the character of the Americans. " They are all extremely indolent," says M. Bouguer, " they are stupid; they pass whole days sitting in the same place without moving, or speaking a single word. It is not easy to describe the degree of their indif- ference for wealth and all its advantages. One does not well know what motive to propose to them, when one would persuade them to perform any ser- vice. It is vain to offer them money; they answer that they are not hungry." Voyage au Perou, p. 102. " If one considers them as men, the narrowness of their understanding seems to be incompatible with the excellence of the soul. Their imbecility is so visible that one can hardly form an idea of them dif- ferent from what one has of the brutes. Nothing disturbs the tranquillity of their souls, equally insen- sible to disasters and to prosperity. Though half-- naked, they are as contented as a monarch in his most splendid array. Riches do not attract them in the smallest degree, and the authority or dignities to which they may aspire are so little the objects of their ambition, that an Indian will receive with the same indifference the office of a judge (alcade) or that of a hangman, if deprived of the former and appointed to the latter. Nothing can move or change them. Interest has no power over them, and they often refuse to perform a small service, though cer- tain of a great recompence. Fear makes no impres- sion upon them, and respect as little. Their dispo- sition is so singular that there is no method of in- Huencing them, no means of rousing them from that indifference, which is proof against all the endea- vours of the wisest persons; no expedient which can induce them to abandon that gross ignorance, or lay aside that careless negligence, which disconcert the prudence and disappoint the care of such as are at- tentive to their welfare." Voyage d'Ulloa, torn. i. 335, 356. Of those singular qualities he produces many extraordinary instances, p 336 347. " In sensibility," says M de la Condamine, " is the ba- ds of the American character. I leave others to determine whether this should be dignified with the name of apathy, or disgraced with that of stupidity. It arises, without doubt, from the small number of their ideas, which do not extend beyond their wants. Gluttons even to voracity, when they have where- withal to satisfy their appetite. Temperate, when necessity obliges them, to such a degree, that they can endure want without seeming to desire any thing. Pusillanimous and cowardly td excess, un- less when they are rendered desperate by drunken- ness. Averse to labour, indifferent to every motive of glory, honour, or gratitude ; occupied entirely by the object that is present, and always determined by it alone, without any solicitude about futurity; inca- pable of foresight or of reflection ; abandoning them- selves, when under no restraint, to a puerile joy, which they express by frisking about, and immode- rate fits of laughter; without object or design they pass their life without thinking, and grow old with- out advancing beyond childhood, of which they re- tain all the defects. If this description were appli- cable only to the Indians in some provinces of Peru, who are slaves in every respect but the name, one : might believe that this degree of degeneracy was occasioned by the servile dependence to which they are reduced ; the example of the modern Greeks being proof how far servitude may degrade the hu- man species. But the Indians in the missions of the Jesuits, and the savages who still enjoy unimpaired liberty, being as limited in their faculties, not to say as stupid, as the other, one cannot observe, without humiliation, that man, when abandoned to simple nature, and deprived of the advantages resulting from education and society, differs but little from tho brute creation." Voyage de la Riv. de Amaz. 52, 53. M. de Chanvalon, an intelligent and philosophical observer, who visited Martinico in 1751, and re- sided there six years, gives the following description of the Caraibs : " It is not the red colour of their complexion, it is not the singularity of their features, which constitutes the chief difference between them and us. It is their excessive simplicity ; it is the limited degree of their faculties. Their reason is not more enlightened or more provident than the instinct of brutes. The reason of the most gross peasants, that of the negroes brought up in the parts of Africa most remote from intercourse with Euro- peans is such, that we discover appearances of intel- ligence, which, though imperfect, is capable of in- crease. But of this the understanding of the Caraibs seems to be hardly susceptible. If sound philosophy and religion did not afford us their light, if we were to decide according to the first' impression which the view of that people makes upon the mind, we should be disposed to believe that they do not belong to the same species with us. Their stupid eyes are the true mirror of their souls ; it appears to be without functions. Their indolence is extreme ; they have never the least solicitude about the moment which is to succeed that which is present." Voyage a la Martinique, p. 44, 45, 51. M. de la Borde, Tertre, and Rochefort, confirm this description. " The cha- racteristics of the Californians," says P. Venegas, " as well as of all other Indians, are stupidity and insensibility ; want of knowledge and reflection ; in- constancy, impetuosity, and blindness of appetite ; an excessive sloth, and abhorrence of all labour and fatigue ; an excessive love of pleasure and amuse- ment of every kind, however trifling or brutal; pu- sillanimity ; and, in fine, a most wretched want of every thing which constitutes the real man, and ren- ders him rational, inventive, tractable, and useful to himself and society. It is not easy for Europeans, who never were out of their own country, to conceive an adequate idea of those people ; for even in the least frequented corners of the globe, there is not a nation so stupid, of such contracted ideas, and so weak both in body and mind, as the unhappy Cali- fornians. Their understanding comprehends little more than what they see ; abstract ideas, and much less a chain of reasoning, being far beyond their power; so that they scarce ever improve their first ideas, and these are in general false, or at least ini.- dequate. It is in vain to represent to them any fu- ture advantages which will result to them from doing or abstaining from this or that particular immediately present ; the relation of means and ends being be- yond the stretch of their faculties. Nor have they the least notion of pursuing such intentions as will procure themselves some future good, or guard them against future evils. Their will is proportioned to their faculties, and all their passions move in a very narrow sphere. Ambition they have none, and are more Desirous of being accounted strong than valiant. The objects of ambition with us honour, fame, reputation, titles, posts, and distinctions of superiority are unknown among them ; so that this 25*2 THE HISTORY OF AMERICA. powerful spring of action, the cause of so much seem- ing good and real evil in the world, has no power here. This disposition of mind, as it gives them up to an amazing languor and lassitude, their lives NOTE 55. Piso describes two of these plants, the Cururuape and the Guajana-Tintbn. It is remarka- hle, that though they have this fatal effect upon fishes, they are so far from being noxious to the fleeting away in a perpetual inactivity and detesta- i human species, that they are used in medicine with tion of labour, so it likewise induces them to be j success. Piso, lib. iv. c. 88. Bancroft mentions an- attracted by the first object which their own fancy, or the persuasion of another, places before them ; and at the same time renders them as prone to alter their resolutions with the same facility. They look with indifference upon any kindness done them ; nor other, the Hiarree, a small quantity of which is suf- ficient to inebriate all the fish to a considerable dis- tance, so that in a few minutes they float motionless on the surface of the water, and are taken with ease. Nat. Hist, of Guiana, p. 109. is even the bare remembrance of it to be expected NOTE 56. Remarkable instances occur of the from them. In a word, the unhappy mortals may be j calamities which rude nations suffer by famine. Al- compared to children, in whom the developement of var Nugnez Cabeca de Vaca, one of the most gallant reason is not completed. They may indeed be called j and virtuous of the Spanish adventurers, resided a nation who never arrived at manhood." Hist, of | almost nine years among the savages of Florida. Californ. Engl. Transl. i. 64, 67. Mr. Ellis gives a j They wore unacquainted with every species of agri- similar account of the want of foresight and inconsi- j culture. Their subsistence was poor and precarious, derate disposition of the people adjacent to Hudson's j " They live chiefly (says he) upon roots of different bay. Voyage, p. 194, 195. j plants,' which they procure with great difficulty, wan - The incapacity of the Americans is so remarkable, | dering from place" to place in search of them.'Some- that negroes from all the different provinces of Africa j times they kill game, sometimes they catch fish, but are observed to be more capable of improving by in- j in such small quantities, that their hunger is so ex- struction. They acquire the knowledge of several j treme as compels them to cat spiders, the eggs of particulars which the Americans cannot comprehend, ants, worms, lizards, serpents, a kind of unctuous Hence the negroes, though slaves, value themselves j earth, and I am persuaded, that if in this country as a superior order of beings, and look down upon the I there were any stones, they would swallow these. Americans with contempt, as void of capacity and of j They preserve the bones of fishes and serpents, which rational discernment. Ulloa, Notic. Americ. 322, 323. they grind into powder, and eat. The only season NOTE 53. Dobrizhoffer, the last traveller I know j when they do not suffer much from famine, "is when who has resided among any tribe of the ruder Ame- j a certain fruit, which he calls Tuna.*, is ripe. This ricans, has explained so fully the various reasons j is the same with the Opuntia, or prickly pear, of a which have induced their women to suckle their j reddish and yellow colour, with a sweet insipid children long, and never to undertake rearing such : taste. They are sometimes obliged to travel far as were feeble or distorted, and even to destroy a j from their usual place of residence, in order to find considerable number of their offspring, as to throw I them." Naufragios, c. xviii. p. 20, 21, 22. In an- great light on the observations I have made, p. 71, I other place he observes, that they are frequently 72. Hist, de Abissonibus, vol. ii. p. 107,221. So j reduced to pass two or three days without food", deeply were these ideas imprinted in the minds of c. xxiv. p. 27. the Americans, that the Peruvians, a civilized peo- NOTE 57. M. Fermin has given an accurate dc- ple, when compared with the barbarous tribes whose | scription of the two species of manioc, with an manners I am describing, retained them ; and even ! account of its culture, to which he has added some their intercourse with the Spaniards has not been ! experiments, in order to ascertain the poisonous able to root them out. When twins are born in any j qualities of the juice extracted from that species family, it is still considered as an ominous event, | which he calls the bitter cassava. Among the Spa- and the parents have recourse to rigorous acts of j niards it is known by the name of Yuca brava, De<-cr. mortification, in order to avert the calamities with | de Sunn. torn. i. p. 66. which they are threatened. When a child is born I NOTE 58. The plantain is found in Asia and with any deformity they will not, if they can possibly Africa, as well as in America. Oviedo contends, avoid it, bring it to be baptized, and it is with diffi- j that it is not an indigenous plant of the New World, culty they can be brought to rear it. Arriaga Extir- but was introduced into the island of Hispaniola in pac. de la Idolat. del Peru, p. 32, 33. NOTE 54. The number of the fish in the rivers of South America is so extraordinary, as to merit ! whither the original slips had been brought from the P. i East Indies. Oviedo, lib. viii. c. 1. But the opi the year 1516, by father Thomas de Berlanga, and that he transplanted it from the Canary Islands, particular notice. " In the Maragnon (says Acugna) fish are so plentiful, that without any art ' of Acosta and other naturalists, who reckon* it an they may take them with the hands," p. 138. " In ' American plant, seems to be better founded. Acosta, the Orinoco (says P. Gumilla), besides an infinite [ Hist. Nat. lib. iv. 21. It was cultivated by rude variety of other fish, tortoise or turtle abound in ! tribes in America, who had little intercourse with such numbers, that I cannot find words to express the Spaniards, and who were destitute of that inge- it. I doubt not but that such as read my account I nuity which disposes men to borrow what is useful will accuse me of exaggeration ; but I can affirm that from foreign nations. Gumil. iii. 186. Wafer's it is as difficult to count them as to count the sands on the banks of that river. One may judge of their number by the amazing consumption of them ; for all the nations contiguous to the river, and even many who are at a distance, flock thither at the sea- son of breeding, and not only find sustenance during that time, but carry off great numbers both of the turtles and of their eggs," &c. Hist, de 1'Orenoque, ii. c. 22, p. 59. M accounts, p. 159. e la Condamine confirms their Voyage, p. 87. NOTE 59. It is remarkable that Acosta, one of the most accurate and best informed writers con- cerning the West Indies, affirms that maize, though cultivated on the continent, was not known in the islands, the inhabitants of which had none but cas- sada bread. Hist Nat. lib. iv. c. 16. But P. Mar- tyr, in the first book of his first Decad, which was written in the year 1493, upon the return of Colum- ! bus from his first voyage, expressly mentions maize THE HISTORY OF AMERICA. 253 as a plant which the islanders cultivated, and o which they made bread, p. 7. Gomara likewise as- serts, that they were acquainted with the culture of maize. Histor. Gener. cap. 28. Oviedo describes maize without any intimation of its being a plant that was not natural to Hispaniola. Lib. vii. c. 1. NOTE 60. New Holland, a country which for- merly was only known, has lately been visited by intelligent observers. It lies in a region of the globe where it must enjoy a very favourable climate, as it stretches from the 10th to the 38th degree of southern latitude. It is of great extent, and from its square form must be much more than equal to all Europe. The people who inhabit the various parts of it appear to be of one race. They are evidently ruder than most of the Americans, and have made still less progress in improvement and the arts of life. There is not the least appearance of cultivation in any part of this vast region. The inhabitants are extremely few, so that the country appears almost desolate. Their tribes are still more inconsiderable than those of America. They depend for subsistence almost entirely on fishing. They do not settle in one place, but roam about in quest of food. Both sexes go stark-naked. Their habitations, utensils, &c. are more simple and rude than those of the Americans. Voyages, by Hawkesworth, iii. 622, &c. This, per- haps, is the country where man has been discovered in the earliest stage of his progress, and it exhibits a miserable specimen of his condition and powers in that uncultivated state. If this country shall be more fully explored by future navigators, the comparison of the manners of its inhabitants with those of the Americans will prove an instructive article in the history of the human species: NOTE 61. P. Gabriel Marest, who travelled from his station among the Illinois to Machillimaki- nac, thus describes the face of the country : " We have marched twelve days without meeting a single human creature. Sometimes we found ourselves in vast meadows, of which we could not see the boun- daries, through which there flowed many brooks and rivers, but without any path to conduct us. Some- times we were obliged to open a passage across thick forests, through bushes, and underwood filled with briers and thorns. Sometimes we had to pass through deep marshes, in which we sunk up to the middle. After being fatigued through the day, we had the earth for our bed, or a few leaves, exposed to the wind, the rain, and all the injuries of the air." Lettr. Edifiantcs, ii. 360. Dr. Brickell, in an excursion from North Carolina towards the moun- tains, A. D. 1730. travelled fifteen days without meeting with a human creature. Nat. Hist, of North Carolina, 389. Diego de Ordas, in attempting to make a settlement in South America, A. D. 1532, marched fifty days through a country without one inhabitant, Herrera, dec. 5, lib. i. c. 11. NOTE 62. I strongly suspect that a community of goods, and an undivided store, are known only among the rudest tribes of hunters ; and that as soon as any species ot agriculture or regular industry is known, the idea of an exclusive right of property to the fruits of them is introduced. I am confirmed in this opinion by accounts which 1 have received con- cerning the state of property among the Indians in very different regions of America. " The idea of the natives of Brazil concerning property is, that if any person cultivate a field, he alone ought to enjoy the produce of it, and no other has a title to pretend to it. If an individual or family go a hunting or fishing, what ;> cro.jght belongs to the individual or to the family, and they communicate no part of it to any but to their cazique, or to such of their kindred as happen to be indisposed. If any person in the village come to their hut he may sit down freely, and eat without asking liberty. But this is the conse- quence of their general principle of hospitality ; for I never observed any partition of the increase of their fields, or the produce of the chase, which I could consider as the result of any idea concerning a community of goods. On the contrary, they are so much attached to what they deem to be their pro- perty, that it would be extremely dangerous to en- croach upon it. As far as I have seen or can learn there is not one tribe of Indians in South America, among whom that community, of goods which has been so highly extolled, is known. The circum- stance in the government of the Jesuits, most irk- some to the Indians of Paraguay, was the community of goods which those fathers introduced. This was repugnant to the original ideas of the Indians. They were acquainted with the rights of private exclusive property, and they submitted with impatience to re- gulations which destroyed them." M. le Cheval. de Pinto, MS. penes me. " Actual possession" (says a missionary who resided several years among the In- dians of the Five Nations), gives a right to the soil, but whenever a possessor sees fit to quit it, another has as good right to take it as -he who left it. This law, or custom, respects not only the particular spot on which he erects his house, but also his planting ground. If a man has prepared a particular spot of ground, on which he designs in future to build or plant, no man has a right to incommode him, much less to the fmit of his labours, until it appears that he voluntarily gives up his views. But I never heard of any formal conveyance from one Indian to an- other in their natural state. The limits of every canton are circumscribed ; that is, they are allowed to hunt as far as such a river on this hand, and such a mountain" on the other. This area is occupied an 1 improved by individuals and their families. Indivi- luals, not the community, have the use and profit of their own labours, or success in hunting." MS. of Mr. Gideon Hawley, penes me. NOTE 63. This difference of temper between the Americans and negroes is so remarkable, that it is a proverbial saying in the French islands, " Regarder au sauvage de travers, c'est le battre ; le battre, c'est le tuer ; battre un negre, c'est le nourrir." Tertre, ii. 490. NOTE 64. The description of the political state of the people of Cinaloa perfectly resembles that of the inhabitants of North America. " They have neither laws nor kings (says a missionary who re- sided long among them) to punish any crime. Nor* is there among them any species of authority, or political government, to restrain them in any part of iheir conduct. It is true, that they acknowledge certain caziques, who are heads of their families or villages, but their authority appears chiefly in war, and the expeditions against their enemies. This au- hority the caziques obtain not by hereditary right, ^>ut by their valour in war, or by the power and num- ber of their families and relations. Sometimes they owe their pre-eminence to their eloquence in dis- playing their own exploits." Ribas, Hist, de las Triumph, p. 11. The state of the Chiquitos in South America is nearly the same. " They have no regu- ar form of government, or civil life, but in matters of public concern they listen to the advice of their old men, and usually follow it. The dignity of taziqw is not hcrpdil-'.ry, but conferred according to 254 THE HISTORY OF AMERICA. merit, as the reward of valour in war. The union j nostros in militiam euntes comitari volui. Hi, nti- among them is imperfect. Their society resembles mero 4000 capita, cum hostibus ad littus decertA- a republic without any head, in which every man is runt, tanta ferocitate, ut vel rabidos et furiosos master of himself, and' upon the least disgust, sepa- | quosque superarent. Cum primum hostes conspex- rates from those with whom he seemed to be con- ' ere, in magnos atque editos ululatus perruperunt. nccted." Relacion Historical de las Missiones de los Haec gens adeo fera est et truculenta, ut tantispcr Chiquitos, por P. Juan Patr. Fernandez, p. 32, 33. i dum virium vel tantillum restat, continue dimicent, Thus, under very different climates, when nations fugamque nunquam capessant. Quod a natura illis are in a similar state of society, their institutions j inditum esse reor. Tester interea me, qui non se- and civil government assume the same form. j inel, turn pedituni turn equitum copias ingentes, in NOTE 65. " I have known the Indians" .(says ai aciem instructas hie conspexi, tanta nunquam vo- person well acquainted with their mode of life), " to go a thousand miles for the purpose of revenge, in pathless woods, over hills and mountains, through huge cane-swamps, exposed to the extremities of heat and cold, the vicissitude of seasons, to hunger and thirst. Such is their over-boiling revengeful temper, that they utterly contemn all those things as imaginary trifles, if they are so happy as to get the scalp of the murderer, or enemy, to satisfy the crav- ing ghosts of their deceased relations." Adair's His. of Amer. Indians, p. 150. NOTE 66. In the account of the great war be- tween the Algonquins aud Iroquois, the achievements of Piskaret, a famous chief of the Algonquins, per- formed mostly by himself alone, or with one or two companions, make a capital figure. De la Protherie, i. 297, &c. Gulden's History of Five Nations, 125, &c. NOTE 67. The life of an unfortunate leader is often in danger, and he is always degraded from the rank which he had acquired by his former exploits. Adair, p. 388. NOTE 68. As the ideas of the North Americans, with respect to the mode of carrying on war, are generally known, I have founded my observations chiefly upon the testimony of the authors who de- scribe them. But the same maxims took place among other nations in the New World. A judi- cious missionary has given a view of the military operations of the people in Gran Chaco, in South America, perfectly similar to those of the Iroquois. " They are much addicted to war" (says he), " which they carry on frequently among themselves, but per- petually against the Spaniards. But they may ra- ther be called thieves than soldiers, for they never make head against the Spaniards, unless when they par th, can assault them by stealth, or have guarded against any mischance by spies, who may be called indefa- tigable. They will watch the settlements of the Spaniards for one, two, or three years, observing by night every thing that passes with the utmost solici- tude, whether they may expect resistance or not, and until they are perfectly secure of the event, they will not venture upon an attack ; so that when they do give the assault, they are certain of success, and free from all danger. These spies, in order that they may not be observed, will creep on all-four like cats in the night; but if they are discovered, make their escape with much dexterity. But although they never choose to face the Spaniards, if they be sur- rounded in any place whence they cannot escape, they will fight with desperate valour, and sell their lives very dear." Lozano, Descript. del Gran. Chaco, p. 78. NOTE 69. Lery, who was an eye-witness of the proceedings of the Toupinambos, a Brazilian tribe, in a war against a powerful nation of their enemies, describes their courage and ferocity in very striking terms. Ego cum Gallo altero, paulo' curiosius, magno nostro periculo, (si enim ab hostibus capti aut lesi ftrissemus, devorationi fuissenvus devoti), barbaros luptate videndis peditum legionibus armis fulgenti bus, quanta turn pugnantibus istis percussum fuisse. Lery, Hist. Navigat. in Brazil, ap. de Bry. iii. 207, It was originally the practice of the 208, 209. NOTE 70. Americans, as well as of other savage nations, to cut off the heads of the enemies whom they slew, and to carry them away as trophies. But as they found these cumbersome in their retreat, which they always make very rapidly, and often through a vast extent of country, they became satisfied with tearing off their scalps. This custom, though most prevalent in North America, was not unknown among the southern tribes. Lozano, p. 79. NOTE 71. The terms of the war-song seem to be dictated by the same fierce spirit of revenge. " I go to war to revenge the death of my brothers ; I shall kill ; I shall exterminate ; I shall burn my ene- mies ; I shall bring away slaves ; I shall devoiir their heart, dry their flesh, drink their blood; I shall tear off their scalps, and make cups of their skulls." Bossu's Travels through Louisania, vol. i. p. 102. I am informed, by persons on whose testimony I can rely, that as the number of people in the Indian tribes has decreased so much, almost none of their prisoners are now put to death. It is considered as better policy to spare and to adopt them. Those dreadful scenes which I have described occur now so rarely, that missionaries and traders who have resided "long among the Indians, never were wit- nesses to them. NOTE 72. All the travellers who have visited the most uncivilized of the American tribes agree in this. It is confirmed by two remarkable circumstances, which occurred in the con quest of different provinces. In the expedition of Narvaez into Florida in the year 1528, the Spaniards were reduced to such ex- treme distress by famine, that in order to preserve their own lives, they eat such of their companions as happened to die. This appeared so shocking to the natives, who were accustomed to devour none but prisoners, that it filled them with horror and indig- nation against the Spaniards. Torquemada Monarch. Ind. ii. p. 584. Naufragios de Alv. Nugnez Cabeca de Vaca, c. xiv. p. 15. During the siege of Mexico, though the Mexicans devoured with greediness the Spaniards aud Tlascalans whom they took prison- ers, the utmost rigour of the famine which they suf- fered could not induce them to touch the dead bodies of their own countrymen. Bern. Diaz, del Castillo, Conquist. de la N. Espagna, p. 156. NOTE 73. Many singular circumstances con- cerning the treatment of prisoners among the people of Brazil, are contained in the narrative of Stadius, a German officer in the service of the Portuguese, published in the year 1556. He was taken prisoner by the Toupinambos, and remained in captivity nine years. He was often present at those horrid festi- vals which he describes, and was destined himself to the same cruel fate with other prisoners. But he saved his life by his extraordinary efforts of courage THE HISTORY OF AMERICA. 255 and address. De Bry, iii. p. 34, c. M de Lery, permitted to wear bracelets, or other ornaments, who accompanied M. de Villagagnon in his expedi- with which the men were fond of decking themselves, tion to Brazil, in the year 1556, and who resided Zarate, Hist, de Peru, i. p. 15, 16. some time in that country, agrees with Stadius in I NOTE 78. I have ventured to call this mode of every circumstance of importance. He was fre- j anointing and painting their bodies, the dress of the quently an eye-witness of the manner in which the j Americans. This is agreeable to their own idiom. Brazilians treated their prisoners. De Bry, iii. 210. As they never stir abroad if they are not completely Several striking particulars omitted by them are men- anointed, they excuse themselves when in this situ- tioned by a Portuguese author. Purch. Pilgr. iv. ation by saying that they cannot appear because 1294, &c. they are naked. Gumilla, Hist, de 1'Orenoque, i. 191 NOTE 74. Though I have followed that opinion NOTE 79. Some tribes in the province of Cina- concerning the apathy of the Americans, which ap- loa, on the gulf of California, seem to be among the peared to me most rational, and supported by the j rudest people of America united in the social state, authority of the most respectable authors, other theo- j They neither cultivate nor sow; they have no houses ries have been formed with regard to it by writers of in which they reside. Those in the inland country great eminence. De Ant. Ulloa, in a late work, con- j subsist by hunting; those on the sea-coast chiefly by tends that the texture of the skin and bodily habits ! fishing. Both depend upon the spontaneous produc . of the Americans is such, that they are less sensible I tions of the earth, fruits, plants, and roots of various of pain than the rest of mankind. He produces se- j kinds. In the rainy season, as they have no habi- veral proofs of this from the manner in which they ; tations to afford them shelter, they gather bundles of endure the most ciuel chirurgical operations, &c. j reeds, or strong grass, and binding them together at Noticias Americanas, p. 313, 314. The same ob- j one end, they open them at the other, and fitting servation has been made by surgeons in Brazil. An them to their heads, they are covered as with a Indian, they say, never complains under pain, and will bear the amputation of a leg or an arm without uttering a single groan. MS. penes me. NOTE 75. This is an idea natural to all rude na- tions. Among the Romans, in the early periods of their commonwealth, it was a maxim that a prisoner, " turn decessisse videtur cum captus est," Digest, lib. xlix. tit. 15, c. 18. And afterwards, when the progress of refinement rendered them more indulgent with respect to this article, they were obliged to em- ploy two fictions of law to secure the property, and permit the return of a captive, the one by the Lex Cornelia, and the other by the Jus Postliminii. Heinec. Elern, Jur. Civ. sec. ord. Pand. ii. p. 294. Among the negroes the same ideas prevail. No ran- som was ever accepted for a prisoner. As soon as one is taken in war, he is reputed to be dead ; and he is so in effect to his country and his family. Voy. du Cheval. des Marchais, i. p. 369. NOTE 76. The people of Chili, the most gallant and high-spirited of all the Americans, are the only exception to this observation. They attack their enemies in the open field ; their troops are ranged in regular order ; their battalions advance to the charge, not only with courage, but with discipline. The North Americans, though many of them have sub- stituted the European fire-arms in place of their own bows and arrows, still adhere to their ancient max- ims of war, and carry it on according to their own peculiar system. But the Chilese nearly resemble the warlike nations of Europe and Asia in their mi- litary operations. Ovalle's Relation of Chili. Church. Col. "iii. p. 71. Lozano's Hist. Parag. i. 144, 145. NOTE 77. Herrera gives a remarkable proof of tlis. In Yucatan the men are so solicitous about mirrors, picbably made of stone, like those of the Mexicans, Dec. iv. lib. iii. c. 8, in which they delight to view themselves; but the women never use them, Dec. iv. lib. x. c. 3. He takes notice that among the fierce tribe of the Punches, in the new kingdom of Grana- da, none but distinguished warriors were permitted either to pierce their lips and to wear green stones in them, or to adorn their heads with plumes of" fea- thers, Dec. vii. lib. ix. c. 4. In some provinces ol Peri;, though that empire had made considerable progress in civilization, the state of women was little improved. All the toil of cultivation and domestic work %\as devolved upon them, and they were not large cap, which like a pent-house, throws off the rain, and will keep them dry for several hours. During the warm season they form a shed with the branches of trees, which protects them from the sul- try rays of the sun. When exposed to cold they make large fires, round which they sleep in the open air. Historia de los Triumphos de Nuestra Sante Pe entre Gentes las mas Barbaras, &c. por P. And. Perez de Ribas, p. 7, &c. NOTE 80. These houses resemble barns. "We have measured some which were a hundred and fifty paces ong, and twenty paces broad. Above a hundred persons resided in some of them." Wilson's account of Guiana. Purch. Pilgr. vol. iv. p. 1263. Ibid. 1291. The Indian houses," says Mr. Barrere, " have a most wretched appearance, and are a striking image of the rudeness of early times. Their huts are com- monly built on some rising ground, or on the banks of a river, huddled sometimes together, sometimes straggling, and always without any order. Their aspect is melancholy and disagreeable. One sees nothing but what is hideous and savage. The un- cultivated fields have no gaiety. The silence which reigns there, unless when interrupted by the disa- greeable notes of birds, or cries of wild beasts, is extremely dismal." Relat. de la France Equin. tl eir dress, that they carry about with them p. 146. NOTE 81. Some tribes in South America can send their arrows to a great distance, and with con- siderable force, without the aid of the bow. They make use of a hollow reed, about nine feet long, and an inch thick, which is called a Sarbacane. In it they lodge a small arrow, with some unspun cotton wound about its great end ; this confines the air, so that they can blow it with astonishing rapidity, and a sure aim, to the distance of above a hundred paces. These small arrows are always poisoned. Fermin. Descr. de Surin. i. 55. Bancroft's Hist, of Guiana, p. 281, &c. The Sarbacane is much used in some parts of the East Indies. NOTE 82 I might produce many instances of this, but shall satisfy myself with one, taken from the Esquimaux. " Their greatest ingenuity" (says Mr. Ellis), " is shewn in the structure of their bows, made commonly of three pieces of wood, each mak- ing part of the same arch, very nicely and exactly joined together. They are commonly of fir or larch ; and as this wants strength and elasticity, they supply both by bracing the back of the bow with a kiud of 256 THE HISTORY OF AMERICA. thread or line, made of the sinews of their deer, and the bow-string of the same materials. To make them draw more stiffly, they dip them into water, which causes both the back of the bow and the string to contract, and consequently gives it the greater force; and as they practice from their youth, they shoot with very great dexterity." Voyage to Hudson's Bay, p. 138 NOTE 83. Necessity is the great prompter and guide to mankind in their inventions. There is, however, such inequality in some parts of their pro- gress, and some nations get so far the start of others in circumstances nearly similar, that we must ascribe this to some events in their story, or to some pecu- liarity in their situation, with which we are unac- quainted. The people in the island of Otaheite lately discovered in the South Sea, far excel most of the Americans in the knowledge and practice of the arts of ingenuity, and yet they had not invented any method of boiling water ; and having no vessel that would bear the fire, they had no more idea that water could be made hot than that it could be made solid. Voyages by Hawkesworth, i. -166, 484. NOTE 84. One of these boats, which could carry nine men, weighed only sixty pounds. Gosnal. Re- lat. des Voy. a la Virgin Rec. de Voy. au Nord, torn, v. p. 403. NOTE 85. A remarkable proof of this is produced by Ulloa. In weaving hammocks, coverlets, and other coarse cloths, which they are accustomed to manufacture, their industry has discovered no more expeditious method than to take up thread after thread, and after counting and sorting them each time, to pass the woof between them, so that in finishing a small piece of those stuffs, they frequently spend more than two years. Voyage, i. 336. Ban- croft gives the same description of the Indians of Guiana, p. 255. According to Adair, the ingenuity and dispatch of the North American Indians are not greater, p. 422. From one of the engravings of the Mexican paintings in Purchas, vol. iii. p. 1106, I think it probable that the people of Mexico were un- acquainted with any better or more expeditious mode of weaving. A loom was an invention beyond the ingenuity of the most improved Americans. In all their works they advance so slowly, that one of their artists is two months at a tobacco-pipe with his knife before he finishes it. Adair, p. 423. . NOTE 86. The article of religion in P. Lafitau's Moeurs des Sauvages, extends to 347 tedious pages in quarto. NOTE 87. I have referred the reader to several of the authors who describe the most uncivilized na- tions in America. Their testimony is uniform. That of P. Ribas concerning the people of Cirialoa, coin- cides with the rest. " I was extremely attentive, (says he), during the years I resided among them, to ascertain whether they were to be considered as idolaters ; and it may be affirmed with the most per- fect exactness, that though among some of them there may be traces of idolatry, yet others have not the least knowledge of God, or even of any false deity, nor pay any formal adoration to the Supreme Being who exercises dominion over the world ; nor have they any conception of the providence of a Creator or Governor, from whom they expect in the next life the reward of their good or the punishment df their evil deeds. Neither do they publicly join in any act of divine worship." Ribas Triuraphos, &c. p. 16." NOTK 88. The people of Brazil were so much affrighted by thunder, which is frequent and awful in their country, as well as in other parts of the tor- lid zone, that it was not only the object of religious reverence, but the most expressive name in their lan- guage for the Deity was Toupan, the same by which they distinguished thunder. Piso de Medec. Brazil, p 8. Nieuhoff. Church. Coll. ii. p. 132. NOTE 89. By the account which M. Dumont, an eye-witness, gives of the funeral of the great chief of the Natchez, it appears that the feelings of the per- sons who suffered on that occasion were very differ- ent. Some solicited the honour with eagerness ; others laboured to avoid their doom, and several saved their lives by flying to the woods As the Indian Brahmins give an intoxicating draught to the women who are to be burnt together with the bodies of their husbands, which renders them, insen- sible of their approaching fate, the Natchez obliged their victims to swallow several large pilis of tobacco, which produce a similar effect. Mem. dc Louis. i. 227. NOTE 90. On some occasions, particularly in dances instituted for the recovery of persons who are indisposed, they are extremely licentious and inde- cent. De la Potherie Hist. &c. ii. p. 42. Charlev. N. Fr. iii. p. 319. But the nature of their dances is commonly such as I have described. NOTE 91. The Othomacoas, a tribe seated on tbe banks of the Orinoco, employ for the same purpose a composition which they call Yupa. It is formed of the seeds of an unknown plant reduced to powder, and certain shells burnt and pulverized. The effects of this when drawn up into the nostrils are so vio lent, that they resemble madness rather than intox- ication. Gumilla, i. 286. NOTE 92. Though this observation holds true | among the greater part of the southern tribes, there ! are some in which the intemperance of the women i is as excessive as that of the men. Bancroft's Nat. I Hist, of Guiana, p. 275. NOTE 93. Even in the most intelligent writers concerning the manners of the Americans, one meets I with inconsistent and inexplicable circumstances. { The Jesuit Charlevoix, who, in consequence of the I controversy between his order and that of the Fran- j ciscans, with respect to the talents and abilities of I the North Americans, is disposed to represent their intellectual as well as moral qualities in the most favourable light, asserts, that they are engaged in continual negociations with their neighbours, and ' conduct these with the most refined address. At the ! same time he adds, " that it behoves their envoys or | plenipotentiaries to exert their abilities and elo- I qucnce, for if the terms which they offer are not ac- 1 ceptcd of, they had need to stand on their guard. It frequently happens that a blow with a hatchet is the ! only return given to their propositions. The envoy ! is not out of danger, even if he is so fortunate as to ' avoid the stroke ; he may expect to be pursued, and if taken, to be burnt." Hist. N. Fr. iii. 251. What ' occurs, p. 862, concerning the manner in which the Tlascalans treated the ambassadors from Zempoalla, | corresponds with the fact related by Charievoix. j Men capable of such acts of violence, seem to be un- | acquainted with the first principles upon which the | intercourse between nations is founded ; and instead of the perpetual negociations which Charlevoix men- tions, it seems almost impossible that there should be any correspondence whatever among them. NOTE 94. It is a remark of Tacitus concerning the Germans, " Gaudent muneribus, sed nee data imputant, nee acceptis obligantur " C. 21. An au thor who had a good opportunity of observing the THE HISTORY OF AMERICA. 257 principle which leads savages neither to express gra- titude for favours which they had received, nor to expect any return for such as they bestowed, thus explains their ideas : " If (say they) you give me this, it is because you have no need of it yourself ; and as for me, I never part with that which I think America. . The letters of Cortes to the Emperor Charles V. are an historical monument, not only first in order of time, but of the greatest authenticity and value. As Cortes early assumed a command independent of Velasquez, it became necessary to convey such an account of his operations to Madrid necessary to me." Memoire surles Galibis: His. des as might procure him the approbation of his sove- Plantes de la Guiane Francoise par M. Aublet. torn, reign. ii. p. 110. NOTE 95. And. Bernaldes, the contemporary and friend of Columbus, has preserved some circum- stances concerning the bravery of the Caribtiees, which are not mentioned by Don Ferdinand Colum- bus, or the other historians of that period, whose works have been published. A Caribbean canoe, with four men, two women, and a boy, fell in unex- pectedly with the fleet of Columbus in his second voyage, as it was steering through their islands. At first they were struck almost stupid with astonish- ment at such a strange spectacle, and hardly moved from the spot for above an hour. A Spanish bark, with twenty-five men, advanced towards them, and the fleet gradually surrounded them, so as to cut off their communication with the shore. " When they saw that it was impossible to escape (says the histo- rian), they seized their arms with undaunted resolu- tion, and began the attack. I use the expression it'ith undaunted resolution, for they were few, and be held a vast number ready to assault them. They wounded several of the Spaniards although they had targets, as well as other defensive armour ; and even after their canoe was overset, it was with no little difficulty and danger that part of them were taken, as they continued to defend themselves, and to use their bows with great dexterity while swimming in the sea." Hist, de D.Fern. y Ysab. M.S. c. 119. NOTE 96. A probable conjecture may be formed with respect to the cause of the distinction in charac- ter between the Caribbees and the inhabitants of the larger islands. The former appear manifestly to be a separate race. Their language is totally different from that of their neighbours in the large islands. They themselves have a tradition, that their ancestors came originally from some part of the continent, and having conquered and exterminated the ancient inhabitants, took possession of their lands, and of their women. Rochefort, 38 4. Tertrc. 360. Hence they call themselves Bana ree, which signifies a man The first of his dispatches had never been made public. It was sent from Vera Cruz, July 16, 1519. As I imagined that it might not reach the emperor until he arrived in Germany, for which he set out early in the year 1520, in order to receive the impe rial crown, I made diligent search for a copy of this despatch, both in Spain and in Germany, but without success. This, however, is of less consequence, as it could not contain any thing very material, being written so soon after Cortes arrived in New Spain. But in searching for the letter from Cortes, a copy of one from the colony of Vera Cruz to the emperor has been discovered in" the imperial library at Vienna. Of this I have given some account in its pro- per place. The second despatch, dated October 30, 1520, was published at Seville, A. D. 1522, and the third and fourth soon after they were received. A Latin translation of them appeared in Germany, A. D. 1532. Ramusio soon after made them more generally known, by inserting them in his valuable collection. They contain a regular and minute his- tory of the expedition, with many curious particu- lars concerning the policy and manners of the Mex- icans. The work does honour to Cortes : the style is simple and perspicuous; but as it was manifestly his interest to represent his own actions in the fairest light, his victories are probably exaggerated, his losses diminished, and his acts of rigour and violence softened. The next in order is the Cronica de la Nueva Es- pagna, by Francisco Lopez de Gomara, published A. D. 1554. Gomara's historical merit is considera- ble. His mode of narration is clear, flowing, always agreeable, and sometimes elegant. But he is fre- quently inaccurate and credulous ; and as he was the domestic chaplain of Cortes after his return from New Spain, and probably composed his work at his desire, it is manifest that he labours to magnify the merit of his hero, and to conceal or extenuate such transactions as were unfavourable to his character. come from beyond sea. Labat. vi 131. According- Of this Herrera accuses him in one instance, dec. ii. ly, the Caribbees still use two distinct languages, one peculiar to the men, and the other to the women. Tertre, 361. The language of the men has nothing common with that spoken in the large islands. The dialect of the women considerably resembles it. La- bat. 129. This strongly confirms the tradition which I have mentioned. The Caribbees themselves ima- gine that they were a colony from the Galabis, a powerful nation of Guiana, in South America. Ter- tre, 361. Rochefort, 318. But as their fierce man- ners approach nearer to those of the people in the northern continent than to those of the natives of South America; and as their language has likewise some affinity to that spoken in Florida, their origin should be deduced rather from the former than from the latter. Labat. 128, &c. Herrera, dec. i. lib. ix. c. 4. In their wars they still observe their ancient practice of destroying all the males, and preserving the women either for servitude or for breeding. NOTE 97. Our knowledge of the events which happened in the conquest of New Spain, is derived from sources of information more original and au- thentic than that of any transaction in the history of THB HISTORY OF AMERICA. No. 33. lib. iii. c. 2, and it is not once only that this is con- spicuous. He writes, however, with so much freedom concerning several measures of the Spanish court, that the copies both of his Historia de las Indias, and of his Cronica, were called in by a decree of the council of the Indies, and they were long considered as prohibited books in Spain ; it is only of late that licence to print them has been granted. Pinelo Bib- lioth. 582. The Chronicle of Gomara induced Bernal Diaz del Castillo to compose his Historia Verdadera de la Conquista de la Nueva Espagna. He had been an adventurer in each of the expeditions to New Spain, and was the companion of -Cortes in all his battles and perils. When he found that neither he himself, nor many of his fellow-soldiers, were once mentioned by Gomara, but that the fame of all their exploits was ascribed to Cortes, the gallant veteran laid hold of his pen with indignation, and composed his true history. It contains a prolix, minute, confused nar- rative of all Cortes's operations, in such rude vulgar style as might be expected from an illiterate soldier. But as he relates transactions of which he was wit- 2L THE HISTORY OF AMERICA. ness, and iu which he performed a considerable part, his account hears all the marks of authenticity, and is accompanied with such a pleasant na'iuetd, with such interesting details, with such amusing vanity, and yet so pardonable in an old soldier who had been (as he boasts) in a hundred and nineteen battles, as renders his book one of the most singular that is to be found in any language. Pet. Martyr ab Angleria, in a treatise De Insulis nuper inventis, added to his Decades de Rebus Oce- ariicis et Novo Orbe, gives some account of Cortes's expedition. But he proceeds no further than to re- late what happened after his first landing. This work, which is brief and slight, seems to contain the information transmitted by Cortes in his first de- spatches, embellished with several particulars com- municated to the author by the officers who brought the letters from Cortes. But the book to which the greater part of modern historians have had recourse for information con- cerning the conquest of New Spain, is Historia de la Conquista de Mexico, por D. Antonio de Solis, first published A. D. 1684. I know no author in any language whose literary fame has risen so far beyond his real merit. De Solis is reckoned by his countrymen one of the purest writers in the Casti- lian tongue ; and if a foreigner may venture to give his opinion concerning a matter of which Spaniards alone are qualified to judge, he is entitled to that praise. But though his language is correct, his taste in composition is far from being just. His periods are so much laboured as to be often stiff, and sometimes tumid ; the figures which he employs by way of ornament are frequently trite or improper, and his observations superficial. These blemishes, however, might easily be overlooked, if he were not defective with respect to all the great qualities of an historian. Destitute of that patient industry in re- search which conducts to the knowledge of truth ; a stranger to that impartiality which weighs evidence with cool attention ; and ever eager to establish his favourite system of exalting the character of Cortes into that of a perfect hero, exempt from error, and adorned with every virtue ; he is less solicitous to discover what was true than to relate what might appear splendid. When he attempts any critical discussion his reasonings are fallacious, and founded upon an imperfect view of facts. Though he some- times quotes the despatches of Cortes, he seems not to have consulted them; and though he sets out with some censure on Gomara, he frequently prefers his authority, the most doubtful of any, to that of the other contemporary historians. But of all the Spanish writers, Herrera furnishes ihe fullest and most accurate information concerning the conquest of Mexico, as well as every other trans- action of America. The industry and attention with which he consulted not only the books, but the ori ginal papers and public records, which tended to throw any light upon the subject of his inquiries, were so great, and he usually judges of the evidence before him with so much impartiality and candour, that his decads may be ranked among the most judi- cious and useful historical collections. If, by at- tempting to relate the various occurrences in the New World in a strict chronological order, the ar- rangement of events in his work had not been ren- dered so perplexed, disconnected, and obscure, that it is an unpleasant task to collect from different parts of his book, and piece together the detached shreds of a atory, he might justly have been ranked among the most eminent historians of his country. He gives an account of the materials from which he composed his work, Decad. 6, lib. iii. c. 19. NOTE 98. Cortes purposed to have gone in the train of Ovando, when he set out for his government in the year 1502, but was detained by an accident. As he was attempting in a dark night to scramble up to the window of a lady's bed chamber, with whom he carried on an intrigue, an old wall, on the top of which he had mounted, gave way, and he was so much bruised by the fall as to be' unfit for the voy- age. Gomara, Cronica de la Nueva Espagna, cap. 1 . NOTE 99. Cortes had two thousand pesos in the hands of Andrew Duero, and he borrowed four thou- sand. These sums are about equal in value to fif- teen hundred pounds sterling ; but as the price of every thing was extremely high in America, they made but a scanty stock when applied towards the equipment of a military expedition. Herrera, dec. 2, lib. iii. c. 2. B. Diaz, c. 20. NOTE 100. The names of those gallant officers, which will often occur in the subsequent story, were Juan Velasquez de Leon, Alonso Hernandez Porto- carrero, Francisco de Montejo, Christoval de Oiie found either in Xerez, or Sancho, or Zarate, pre- r ious to the interview at Caxamalca; and yet the two ormer served under Pizarro at that time, and the atter visited Peru soon after the conquest. If either he inca himself, or his messengers, had addressed he Spaniards in the words which Garcilasso puts in heir mouths, they must have been struck with such submissive declarations ; and they would certainly lave availed themselves of them to accomplish their >wn designs with greater facility. Garcilasso him- ielf, though his narrative of the intercourse between he inca and Spaniards, preceding the rencounter at Daxamalca, is founded on the supposition of his be- .ieving them to be Viracochas, or divine beings, j.ii.lib. i. c. 17, &c., yet with his usual inattention and naccuracy he admits, in another place, that the Pe- ruvians did not recollect the resemblance between them and the god Viracocha, until the fatal disasters subsequent to the defeat at Caxamalca, and then only began to call them Viracochas, p. i. lib. v. c 21. This is confirmed by Herrera, dec. 5, lib. ii. c. 12. [n many different parts of America, if we may believe the Spanish writers, their countrymen were consi- dered as divine beings who had descended from icaven. But in this instance as in many which oc- :ur in the intercourse between nations whose pro- gress in refinement is very unequal, the ideas of those who used the expression were different from the ideas of those who heard it. For such is the idiom of the Indian languages, or such is the simplicity of those who speak them, that when they see any thing with which they were formerly unacquainted, and of which they do not know the origin, they say that it came down from heaven. Nugnez. Ram. iii. c. 327, c. The account which I have given of the sentiments and proceedings of the Peruvians appears to be more natural and consistent than either of the two preced- ing, and is better supported by the facts related by the contemporary historians. According to Xerez, p. 200, two thousand Peru vians were killed. Sancho makes the number of the slain six or seven thousand. Bam. iii. 2^4. D. By Garcilasso' s account, five thousand were massacred, p. ii. lib. i. c. 25. The number which I have men- tioned, being the medium between the extremes, may probably be nearest the truth. NOTE 132. Nothing can be a more striking proof of this than that three Spaniards travelled from Cox- amalca to Cuzco. The distance between them is six hundred miles. In every place throughout this great extent of country, they were treated with all the ho- nours which the Peruvians paid to their sovereigns, and even to their divinities. Under pretext of amass- ing what was wanting for the ransom of the inca, they demanded the plates of gold with which the walls of the temple of the Sun in Cuzco were adorn- ed; and though the priests were unwilling to alienate those sacred ornaments, and the people refused to violate the shrine of their god, the three Spaniards, THE HISTORY OF AMERICA. 265 with their own hands, robbed the temple of part of this valuable treasure ; and such was the reverence of the natives for their persons, that though they be- held this act of sacrilege with astonishment, they did aot attempt to prevent or disturb the commission of it. Zarate, lib. ii. c. 6. Sancho ap. Ramus. iii. 375, D. NOTE 133. According to Herrera, the spoil of Cuzco, after setting apart the king's fftli, was di vided among 480 persons. Each received 4000 pesos. This amounts to 1,920,000 pesos. Dec. v. lib. vi. c. 3. But as the general and other officers were enti- tled to a share far greater than that of the private men, the sum total must have risen much beyond what I have mentioned. Gomara, c. 123, and Za- rate, lib. ii. c. 8, satisfy themselves with asserting in general that the plunder of Cuzco was of greater value than the ransom of Atahualpa. - -- NOTE 134. No expedition in the New World was conducted with more persevering courage than that of Alvarado, and in none were greater hardships endured. Many of the persons engaged in it were, like their leader, veterans who had served under Cor- tes, inured to all the rigour of American war. Such of my readers as have not an opportunity of perusing the striking description of their sufferings by Zarate or Herrera, may form some idea of the nature of their march from the sea-coast to Quito, by consult- ing the account which D. Ant. Ulloa gives of his own journey, in 1736, nearly in the same route ; Voy. torn. i. p. 178, &c., or that of M. Bouguer, who proceeded from Puerto Viejo to Quito, by the same road which Alvarado took. He compares his own journey with that of the Spanish leader, and by the comparison gives a most striking idea of the boldness and patience of Alvarado, in forcing his way through so many obstacles. Voyage du Perou, p. 28, &c. NOTE 135. According to Herrera, there was en- tered on account of the king, in gold, 155,300 pesos, and 5400 marks (each eight ounces) of silver, besides several vessels and ornaments, some of gold and others of silver; on account of private persons, in gold, 499,000 pesos, and 54,000 marks of silver. Dec. 5, lib. vi. c. 13. NOTE 136 The Peruvians not only imitated the military arts of the Spaniards, but had recourse to devices of their own. As the cavalry were the chief objects of their terror, they endeavoured to render them incapable of acting by means of a long thong with a stone fastened to each end. This when thrown by a skilful hand twisted about the horse and its rider, and entangled them so as to obstruct their mo- tions. Herrera mentions this as an invention of their own. Dec. 5, lib. viii. c. 4. But as I have observed, this weapon is common among seve- ral barbarous tribes towards the extremity of South America ; and it is more probable that the Peruvians had observed the dexterity with which they used it in hunting, and on this occasion adopted it themselves. The Spaniards were considerably annoyed by it. Herrera, ibid. Another instance of the ingenuity of the Peruvians deserves mention. By turning a river out of its channel they overflowed a "valley, in which a body of the enemy was posted, so suddenly, that it was with the utmost difficulty the Spaniards made their escape. Herrera, dec.- 5, lib. viii. c. 5. NOTE 137. Herrera's account of Orellana's voy- age is the most minute, and apparently the most accurate. It was probably taken from the journal of Orellana himself. But the dates are not distinctly marked. His navigation down th^ Coca, or Napo, began early in February, 1541 ; and he arrived at THE HISTORY OF AMERICA. No. 34. (he mouth of the river on the 26th of August, having spent near seven months in the voyage. M. de la Condamine, in the year 1742, sailed from Cuenca to Para, a settlement of the Portuguese at the moufh of the river, a navigation much longer than that of Orel- lana, in less than four mouths. Voyage, p. 179. But the two adventurers were very differently provided for the voyage. This hazardous undertaking, to which ambition prompted Orellana, and to which the love of science led M. de la Condamine, was under- taken in the year 1769, by Madam Godin des Odo- nais, from conjugal affection. The narrative of the hardships which she suffered, of the dangers to which she was exposed, and of the disasters which befel her, is one of the most singular and affecting stories in any language, exhibiting in her conduct a striking picture of the fortitude which distinguishes the one sex, mingled with the sensibility and tenderness pe- culiar to the other. Lettre de M. Godin a M. de la Condamine. NOTE 138. Herrera gives a striking picture of their indigence. Twelve gentlemen, who had been officers of distinction under Almagro, lodged in.the same house, and having but one cloak among them, it wa* worn alternately by him who had occasion to appear in public, while the rest, from the want of a decent dress, were obliged to -keep within "doors. Their former friends and companions were so much afraid of giving offence to Pizarro, that they durst not entertain or even converse with them. One may conceive what was the condition, and what the in- dignation of men once accustomed to power and opulence, when they felt themselves poor and de spised, without a roof under which to shelter their heads, while they beheld others, whose merits and services were not equal to theirs, living in splendour in sumptuous edifices. Dec. 6, lib. viii. c. 6. NOTE 139. Herrera, whose accuracy entitles him to great credit, asserts, that Gonzalo Pizarro pos- sessed domains in the neighbourhood of Chuquesaca de la Plata, which yielded him an annual revenue greater than that of the archbishop of Toledo, the best endowed see in Europe. Dec. 7, lib. vi. c. 3. NOTE 140. All the Spanish writers describe his inarch, and the distresses of both parties, very mi- nutely. Zarate observes, that hardly any parallel to it occurs in history, either with respect to the length of the retreat, or the ardour of the pursuit. Pizarro, according to his computation, followed the viceroy upwards of three thousand miles. Lib. v. c. 16, 26. NOTE 141. It amounted, according to Fernandez, the best informed historian of that period, to one million four hundred thousand pesos. Lib. ii. c. 79. NOTE 142. Carvajal, from the beginning, had been an advocate for an accommodation with Gasca. Finding Pizarro incapable of holding that bold course which he originally suggested, he recommended to him a timely submission to his sovereign as the safest measure. When the president's offers were first communicated to Carvajal, " By our Lady," (said he, in that strain of buffoonery which was fa- miliar to him), "the priest issues gracious bulls. He gives them both good and cheap ; let us not only accept them, but wear them as reliques about our necks." Fernandez, lib. ii. c. 63. NOTE 143. During the rebellion of Gonzalo Pizarro seven hundred men were killed in battle, and three hundred and eighty were hanged or be- headed. Herrera, dec. 8, lib. iv. c. 4. Above three hundred of these were cut off by Carvajal. Fernan- dez, lib. ii. c. 91. Zarate makes the number of 2 M THE HISTORY OF AMERICA. those a violent death five hundred. Lib- 1 put to vii. c. 1. NOTE 144 In my inquiries concerning the man- ners and policy of the Mexicans, 1 have received much information from a large manuscript of Don j Alonso de Corita, one of the judges in the court of j audience of Mexico. In the year 1553 Philip II., ' in order to discover the mode of levying tribute from his Indian subjects, that would be most beneficial to ( the crown, and least oppressive to them, addressed a mandate to all the courts of audience in America, enjoining them to answer certain queries which he proposed to them, concerning the ancient form of government established among the various nations of Indians, and the mode in which they had been accustomed to pay taxes to their kings or chiefs. In obedience to this mandate Corita, who had resided nineteen years in America, fourteen of which he passed in New Spain, composed the work of which I have a copy. He acquaints his sovereign, that he had made ft an object, during his residence in Ame- rica, and in all its provinces which he had visited, to inquire diligently into the manners and customs of the natives : that he had conversed for this purpose with many aged and intelligent Indians, and con- sulted several of the Spanish ecclesiastics, who un- derstood the Indian languages most perfectly, .parti- cularly some of those who landed in New Spain soon after the conquest. Corita appears to be a man of some learning, and to have carried on his inqui- ries with the diligence and accuracy to which he pretends. Greater credit is due to his testimony from one circumstance. His work was not composed with a view to publication, or in support of any par- ticular theory, but contains simple though full an- swers to queries proposed to him officially. Though Herrera does not mention him among the authors whom he had followed as guides in his history, should suppose, from several facts of which he takes notice, as well as from several expressions which he uses, that this memorial of Corita was not unknowi to him. NOTE 145. The early Spanish writers were so hasty and inaccurate in estimating the numbers o peop'le in the provinces and towns of America that i is impossible to ascertain that of Mexico itself with any degree of precision. Cortes describes the ex tent and populousness of Mexico in general terms which imply that it was not inferior to the greates cities in Europe. Gomara is more explicit, an< affirms, that there were 60.000 houses or families i Mexico, Cron. c. 78. Herrera adopts his opinion dec. 2, lib. vii. c. 13; and the generality of writer follow them implicitly without inquiry or scruple According to this account the inhabitants of Mexic must have been about 300,000. Torquemada, wit his usual propensity to the marvellous, -"asserts, tha there were a hundred and twenty thousand houses o families in Mexico, and consequently about six hun dred thousand inhabitants. Lib. iii. e. 23. But in very judicious account of the Mexican empire, b one of Cortes's officers, the population is fixed a 60,000 people. Ramusio, iii. 309, a. Even by th account, which probably is much nearer the tnit than any of the foregoing, Mexico was a great city. NOTE 146. It is to P. Torribio de Benavent that I am indebted for this curious observation. P lafbx, bishop of Cuidad de la Puebla Los Angele confirms and illustrates it more fully. The Mexica (saya he) is the onry language in which a termina tion indicating respect, silavas reverentiales y de cor tesia, may be affixed to every word. By adding th final syllable tin or azin to any word, it becomes a proper expression of veneration in the mouth of an inferior. If, in speaking to an equal, the word father is to be used, it is tail, but an inferior says tatzin. One priest speaking to another, calls him teopixque ; a person of inferior rank calls him teopix- catzin. The name of the emperor who reigned when Cortes invaded Mexico, was Montezuma ; but his vassals, from reverence, pronounced it Montezumazin. 'orribio, MS. Palaf. Virtudes del Indio, p. 65. The Mexicans had not only reverential nouns, but reve- ential verbs. The manner in which these are rmed from the verbs in common use is explained by i. Jos. Aug. Aldama y Guevara in his Mexican grammar, No. 188. NOTE 147. From comparing several passages iu lorita and Herrera, we may collect, with some de- ree of accuracy, the various modes in which the Icxicans contributed towards the support of govern- ment. Some persons of the first order seem to have ieen exempted from the payment of any tribute, and, .s their only duty to the public, were bound to per- onal service in war, and to follow the banner of heir sovereign with their vassals. 2. The immediate -assals of the crown were bound not only to personal military service, but paid a certain proportion of the produce of their lands in kind. 3. Those who held iffices of honour or trust paid a certain share of what hey received in consequence of holding these. 4. Each Capullee, or association, cultivated some part >f the common field allotted to it, for the behoof of he crown, and deposited the produce in the royal granaries. 5. Some part of whatever was brought :o the public markets, whether fruits of the earth or he various productions of their artists and manufac- turers, was demanded for the public use, and the merchants who paid this were exempted from every >thcr tax. 6. The Mayeques, or adscripti glebce, were bound to cultivate certain districts in every province, which may be considered as crown lands, and brought the increase into public storehouses. Thus the sovereign received some part of whatever was useful or valuable in the country, whether it was the natural production of the soil, or acquired by the industry of the people. What each contributed to- wards the support of government seems to have been inconsiderable. Corita, in answer to one of the que- ries put to the audience of Mexico by Philip II., endeavours to estimate in money the value of what each citizen might be supposed to pay, and does not reckon it at more than three or four reals, about eighteen pence or two shillings a head. NOTE 148. Cortes, who seems to have been as much astonished with this as with any instance of Mexican ingenuity, gives a particular description of it. Along one of the causeways, says he, by which they ente'r the city, are conducted two conduits, composed of clay tempered with mortar, about two paces in breadth, and raised about six feet. In one of them is conveyed a stream of excellent water, as large as the body of a man, into the centre of the city, and it supplies all the inhabitants plentifully. The other is empty, that \vhen it is necessary to clean or repair the former, the stream of water may be turned into it. As this conduit passes along two "of the bridges, where there are no breaches in the causeway, through which the salt-water of the lake flows, it is conveyed over them in pipes as large as the body of an ux, then carried from the conduit to the remote quarters of the city in canoes, and sold to the inhabitants. Relat. ap, Ramus. 214, a. NOTE 149.- In the armoury of the royal palace at THE HISTORY OF AMERICA. 267 Madrid are shown suits of armour, which are called Montezuma's. They are composed of thin lacquered copper-f.la.tos. la the opinion of very intelligent judges, they are evidently eastern. The forms of the silver ornaments upon them, representing dragons, &c., may be considered as a confirmation of this. They are infinitely superior, in point of workman- ship, to any effort of American art. The Spaniards probably received them from the Philippine islands. The only unquestionable specimen of Mexican art that I know of in Great Britain, is a cup of very fine gold, which is said to have belonged to Montezuma. It weighs 5 oz. 12 dwt. Three drawings of it were exhibited to the Society of Antiquaries, June 10, 1765. A man's head is represented on this cup. On one side the full face, on the other the profile, on the third the back parts of the head. The relievo is said to have been produced by pinching the inside of the cup, so as to make the representation of a face on the outside.. The features are gross, but represented with some degree of art, and certainly too rude for Spanish workmanship. This cup was purchased by Edward Earl of Orford, while he lay in the harboui of Cadiz with the fleet under his command, and is now in the possession of his grandson, Lord Archer. I am indebted for this information to my respectable and ingenious friend, Mr. Bamngton. In the sixth volume of the Archoeologia, p 107, is published an account of some masks of Terra Cotta, brought fror a burying-ground on the American continent, about seventy miles from the British settlement on th Mosquito shore. They are said to be likenesses o1 chiefs or other eminent persons. From the descrip- tions and engravings of them we have an additional proof of the imperfect state of arts among the Ame- ricans. NOTE 150. The learned reader will perceive how much I have been indebted, in this part of my work, to the guidance of the Bishop of Gloucester, who h traced the successive steps by which the human mind advanced in this line of its progress, with much eru- dition, and greater ingenuity. He is the first, as far as I know, who formed a rational and consistent theory concerning the various modes of writing prac- tised by nations, according to the various degrees of their improvement. Div. Legation of Moses, iii. G9, &c. Some important observations have been added by M. le President de Brosses, the learned and intel- ligent author of the Traite de la Formation Meca- nique des Langues, torn. i. 295, &c. As the Mexican paintings are the most curious monument extant of the earliest mode of writing, it will not be improper to give some account of the means by which they were preserved from the gene- ral wreck of every work of art in America, and com- municated to the public. For the most early and complete collection of these published by Purchas, we are indebted to the attention of that curious in- quirer, Hakluyt. Don Antonio Mendoza, viceroy of New Spain, having deemed those paintings a pro- per present for Charles V,, the ship in which "they were sent to Spain was taken by a French cruiser, and they came into the possession of Thevet, the king's geographer, who, having travelled himself into the New World, and described one of its pro- vinces, was a curious observer of whatever tended to illustrate the manners of the Americans. On his death they were purchased by Hakluyt, at that time chaplain of the English ambassador to the French court ; and being left by him to Purchas, were pub- lished at the desire of the learned antiquary Sir Henry Spelman. Purchas, iii. 1065. They "were ! translated from English into French by M'eichlrd- ! deck Thevenot, and published in his collection of j voyages, A. D. 1683. The second specimen of Mexican picture-writing was published by Dr. Francis Gemelli Carreri, in two copper-plates. The first is a map, or represen- tation of the progress of the ancient Mexicans on their first arrival in the country, and of the various stations in which they settled, before they founded the capital of their empire in the lake of Mexico. The second is a chronological wheel, or circle, re- presenting the manner in which they computed and marked their cycle of fifty-two years. He received both from Don Carlos de Siguenza y Congorra, a diligent collector of ancient Mexican documents. But as it seems now to be a received opinion (founded, as far as I know, on no good evidence) that Carreri was never out of Italy, and that his famous Giro del Mundo is an account of a fictitious voyage, I have not mentioned these paintings in the text. They have, however, manifestly the appear- ance of being Mexican productions, and are allowed to be so by Boturini, who was well qualified to de- termine whether they were genuine or suppositious. M. Clavigcro likewise admits them to be genuine paintings of .the ancient Mexicans. To me they always appeared to be so, though, from my desire to rest no part of my narrative upon questionable authority, I did not refer to them The style of painting in the former is considerably more perfect than any other specimen of Mexican design ; but as the original'is said to have been much defaced by time, I suspect that it has been improved by some touches from the hand of an European artist. Car- reri, Churchill, iv. p. 487. The chronological wheel is a just delineation of the Mexican mode of computing time, as described by Acosta, lib. vi. c. 2. It seems to resemble one which that learned Jesuit had seen ; and if it be admitted as a genuine monu- ment, it proves that the Mexicans had artificial or arbitrary characters, which represented several things besides numbers. Each month is there re- presented by a symbol expressive of some work, or rite peculiar to it. The third specimen of Mexican painting was dis- covered by another Italian. In 1736, Lorenzo Boturino Bcnaeluci set out for New Spain, and was led by several incidents to study the language of the Mexicans, and to collect the remains of their his- torical monuments. He persisted nine years in his researches, with the enthusiasm of a projector, and the patience of an antiquary. In 1746, he pub- lished at Madrid, Ida de una Nueva Historia Gene- ral de la America Septentrional, containing an ac- count of the result of his inquiries ; and he added to it a catalogue of his American Historical Museum, arranged under thirty-six different heads. His idea of a New History appears to me the work of a whim- sical credulous man. But his catalogue of Mexican maps, paintings, tribute-rolls, calendars. &c., is much larger than one could have expected. Unfor- tunately a ship, in which he had sent a considerable part of them to Europe, was taken by an English privateer during the war between Great Britain and Spain, which commenced in the year 1739; and it is probable that they perished by falling into the bands of ignorant captors. Boturini himself in- curred the displeasure of the Spanish court, and died in an hospital at Madrid. The history, of which the Idea, &c. was only a prospectus, was never published. The remainder of his Museum seems to have been dispersed. Some part of it came into tho 2G8 THE HISTORY OF AMERICA. possession' of the present archbishop of Toledo, when j he was primate of New Spain ; and he published ' from it that curious tribute roll which I have men- ' tioned. The only other collection of Mexican paintings, as far as 1 can learn, is in the imperial library at Vienna. By order of their imperial majesties, I have obtained such a specimen of these as I desired, in eight paintings made with so much fidelity, that I am informed the copies could hardly be distinguished from the originals. According to a note in this Codex Mexicanus, it appears to have been a present from Emmanuel king of Portugal to pope Clement VII., who died A. D. 1533. After passing through the hands of several illustrious proprietors, it fell into those of the Cardinal of Saxe-Eisenach, who presented it to the emperor Leopold. These paint- ings are manifestly Mexican, but they are in a style very different from any of the former. An engraving has' been made of one of them, in order to gratify such of my readers as may deem this an object wor- thy of their attention. Were it an object of sufficient importance, it might perhaps be possible, by re- courfie to the plates of Purchas, and the archbishop of Toledo, as a key, to form plausible conjectures concerning the meaning of this picture. Many of the figures are evidently similar. A. A. are targets and darts, almost in the same form with those pub- lished by Purchas, p. 1070, 1071, &c. B. B. are figures of temples, nearly resembling those in Pur- chas, p. 1109, and 1113., and in Lorenzana, plate II. C. is a bale ofmantles, or cotton cloths, the figure of which occurs in almost every plate of Purchas and Lorenzana. E. E. E. seem to be Mexican captains in their war dress, the fantastic ornaments of which resemble the figures in Purchas, p. 1110, 1111. 2113. I should suppose this picture to be a tribute- roll, as their mode of noting numbers occurs fre- quently. D. D. D., c. According to Boturini, the mode of computation by the number of knots was known to the Mexicans as well as to the Peru- vians, p. 85., and the manner in which the number of units is represented in the Mexican paintings in my possession seems to confirm this opinion. They plainly resemble a string of knots on a cord or slender rope. Since I published the former edition, Mr. Waddi- love, who is still pleased to continue his friendly attention to procure me information, has discovered, in the library of the Escurial, a volume in folio, con- sisting of forty sheets of a kind of pasteboard, each the size of a common sheet of writing paper, with great variety of uncouth and whimsical figures of Mexican painting, in very fresh colours, and with an explanation in Spanish to most of them. The first twenty two sheets are the signs of the months, days, &c. About the middle of each sheet are two or more large figures for the month, surrounded by the signs of the days. The -last eighteen sheets are not so filled with figures. They seem to be signs of deities, and images of various objects. According to this Calendar in the Escurial, the Mexican year contained 286 days, divided into 22 months of 13 days. Each day is represented by a different sign, taken from some natural object, a serpent, a dog, a lizard, a reed, a house, &c. The signs of days in the Calendar of the Escurial are precisely the same with those mentioned by Boturini, Idea, &c. p. 45. But, if we may give credit to that author, the Mexican year contained 360 days, divided into 18 months of 20 days. The order of days in every month was computed, according to him, first by what he calls a tridecennary progression of days from one to thirteen, in the same manner as in the Calendar of the Escurial, and then by a septenary progression of days from one to seven, making in all twenty. In this calendar not only the signs which distinguish each day, but the qualities supposed to be peculiar to each' month, are marked. * There are certain weaknesses which seem to accompany the human mind through every stage of its progress in observa- tion and science. Slender as was the knowledge of the Mexicans in astronomy, it appears to have been already connected with judicial astrology. The for- tune and character of persons born in each month are supposed to be decided by some superior influ- ence predominant at the time of nativity. Hence it is foretold in the calendar, that all who are born in one month will be rich, in another warlike, in a third luxurious, &c. The pasteboard, or whatever substance it may be on which the calendar in the Escurial is painted, seems, by Mr. Waddilove's de- scription of it, to resemble nearly that in the impe- rial library at Vienna. In several particulars the figures bear ^ome likeness to those in the plate which I have published. The figures marked D, which induced me to conjecture that this painting might be a tribute-roll similar to those published by Purchas and the Archbishop of Toledo, Mr. Wad- dilove supposes to be signs of days ; and I have such confidence in the accuracy of his observations, as to conclude his opinion to be well founded. It appears, from the characters in which the explanations of the figures are written, that this curious monument of Mexican art has been obtained soon after the con- quest of the empire. It is singular that it should never have been mentioned by any Spanish author. NOTE 151. The first was called the Prince of the Deathful Lance ; the second the Divider of Men ; the third the Shedder of Blood ; the fourth the Lord of the Dark-house. Acosta, lib. vi. c. 25. NOTE 152. The temple of Cholula, which was deemed more holy than any in New Spain, was like- wise the most considerable. But it was nothing more than a mount of solid earth. According to Torquemada, it was above a quarter of a league in circuit at the base, and rose to the height of forty fathom. Mon. Ind. lib. iii. c. 19. Even M. Cla- vigero acknowledges that all the Mexican temples were solid structures, or earthen mounts, and of consequence cannot be considered as any evidence of their having made any considerable progress in the art, of building. Clavig. ii. 207. From inspecting various figures of temples in the paintings engraved by Purchas, there seems to be some reason for suspecting that all their temples were constructed in the same manner. See Vol. iii. p. 1 109, 1110, 1113. NOTE 153. Not only in Tlascala and Tepeaca, but even in Mexico itself, the houses of the people were mere huts built with turf or mud, or the branches of trees. They were extremely low, and slight, and without any furniture but a few earthen vessels. Like the rudest Indians several families resided under the same roof, without having any se- parate apartments. Herrera, dec. ii. lib. vii. c. 13, lib. x. c. 22, dec. 3, lib. iv. c. 17. Torquem. lib. iii. chap. 23. NOTE 154. I am informed by a person who re- sided long in New Spain, and visited almost every province of it, that there is not, in all the extent of that vast empire, any monument or vestige of any building more ancient than the conquest, nor of any bridge or highway, except some remains of the THE HISTORY OF AMERICA. 269 way from Guadaloupe to that gate of Mexico by whicu Cortes entered the city. MS. penes me. The author of another account in manuscript observes, " That at this day there does not remain even the smallest vestige of the existence of any ancient Indian building public or private, either in Mexico or in any province of New Spain. I have travelled, says he, through all the countries adjacent to them, viz. New Galicia, New Biscay, New Mexico, Sonora, Cinaloa, the new kingdom of Leon, and New San- tandero, without having observed any monument worth notice, except some ruins near an ancient village in the valley de Casas Grandes, in lat. N. 3 deg. 46 min., long. 258 deg. '24 min. from the island of Teneriffe, or 460 leagues N. N. W. from Mexico." He describes these ruins minutely, and they appear to be the remains of a paltry building of turf and stone, plastered over with white earth or lime. A missionary informed that gentleman that he had discovered the ruins of another edifice simi- lar to the former, about an hundred leagues towards N. W. on the banks of the river St. Pedro. MS. penes me. These testimonies derive great credit from one cir- cumstance, that they were not given in support of any particular system or theory, but as simple an- swers to queries which I had proposed. It is pro- bable, however, that when these gentlemen assert that no ruins or monuments of any ancient work whatever are now to be discovered in the Mexican empire, they meant that there were no such ruins or monuments as conveyed any idea of grandeur or magnificence in the works of its ancient inhabitants. For it appears from the testimony of several Spanish authors, that in Otumba, Tlascala, Cholula, &c., some vestiges of ancient buildings are still visible. Villa Segnor Theatro Amer. p. 143, 308, 353. D. Fran. Ant. Lorenzana, formerly Archbishop of Mexico, and now of Toledo, in his introduction to that edition of the Cartas de Relacion of Cortes, which he published at Mexico, mentions some ruins which are still visible in several of the towns through which Cortes passed in his way to the capital, p. 4, &c. But neither of these authors gives any descrip- tion of them, and they seem to be so very inconside- rable, as to shew only that some buildings had once been there. The large mount of earth at Cholula, which the Spaniards dignified with the name of temple, still remains, but without any steps by which to ascend, or any facing of stone. It appears now like a natural mount, covered with grass and shrubs, and possibly it was never any thing more. Torquem. lib. i-ii. c. 19. I have received a minute description of the remains of a temple near Cuernavaca, on the road from Mexico to Acapulco. It is composed of large stones, fitted to each other as nicely as those in the buildings of the Peruvians, which are hereafter mentioned. At the foundation it forms a square of twenty-five yards ; but as it rises in height it dimi- nishes in extent, not gradually, but by being con- tracted suddenly at regular distances, so that it must have resembled the figure B in the plate. It termi- nated, it is said, in a spire. NOTE 155. The exaggeration of the Spanish his- torians, with respect to the number of human victims sacrificed in Mexico, appears to be very great. Ac cording to Gomara, there was no year in which twenty thousand human victims were not offered t the Mexican divinities, and in some years the) amounted to fifty thousand. Cron. c. 229. The skulls of those unhappy persons were ranged in orde in a building erected for that purpose, and two o Cortes's officers, who had counted them, informed Gomara that their number was a hundred and thirty- six thousand. Ibid. c. 82. Herrera's account is sti'll more incredible, that the number of victims was so reat that five thousand have been sacrificed in one day, nay, on some occasions, no less than twenty housand. Dec. iii. lib. ii. c. 16. Torquemada goes >eyond both in extravagance; for he asserts that wcnty thousand children, exclusive of other vic- ims, were slaughtered annually. Mon. Ind. lib. vii. :. 21. The most respectable authority in favour of inch high numbers is that of Zumurraga, the first )ishop of Mexico, who, in a letter to the chapter-ge - neral of his order, A. I). 1631, asserts that the Mex- cans sacrificed annually twenty thousand victims. Davilo. Teatro Eccles. 126. In opposition to all hese accounts, B. de las Casas observes, that if there had been such an annual waste of the human species, he country could never have arrived at that degree >f populousness for which it was remarkable when he Spaniards first landed there. This reasoning is ust. If the number of victims in all the provinces f New Spain had been so great, not only must po- mlation have been prevented from increasing, but he human race must have been exterminated in a short time. For besides the waste of the species by such numerous sacrifices, it is .observable that wher- ever the fate of captives taken in war is either certain death or perpetual slavery, as men can gain nothing )y submitting speedily to an enemy, they always re- sist to the uttermost, and war becomes bloody and destructive to the last degree. Las Casas positively sserts, that the Mexicans never sacrificed more than fifty or a hundred persons in a year. See his dispute with Sepulveda, subjoined to his Brevissima Rela- cion, p. 105. Cortes does not specify what number of victims was sacrificed annually ; but B. Diaz del Castillo relates that an inquiry having been made with respect to this by the Franciscan monks who were sent into New Spain immediately after the con- quest, it was found that about two thousand five hun- dred were sacrificed every year in Mexico. C. 207. NOTE 156. -It is hardly necessary to observe that the Peruvian chronology is not only obscure, but repugnant to conclusions deduced from the most ac- curate and extensive observations, concerning thf time that elapses during each reign, in any give succession of princes. The medium has been foun- not to exceed twenty years. According to Acost* and Garcilasso de la Vega, Huana Capac, who died abont the year 1527, was the twelfth inca. Accord- ing to this rule of computing, the duration of the Peruvian monarchy ought not to have been reckoned above two hundred and forty years ; but they affirm that it had subsisted four hundred years. Acosta, lib. vi. c. 19. Vega, lib. i. c. 9. By this account each reign is extended at a medium to thirty -three years instead of twenty, the number ascertained by Sir Isaac Newton's observations ; but so imperfect were the Peruvian traditions, that though the total is boldly marked, the number of years in each reign is unknown. NOTE 157 Many of the early Spanish writers assert that the Peruvians offered human sacrifices. Xerez, p. 190. Zarate, lib. i. c. 11. Acosta, lib. v. c. 19. -But Garcilasso de la Vega contends, that though this barbarous practice prevailed among their uncivilized ancestors, it was totally abolished by the incas, and that no human victim was ever offered in any temple of the sun. This assertion, and the plau- sible reasons with which he confirms it, are sufficient to refute the Spanish writers, whose accounts oeem 270 THE HISTORY OF AMERICA. to be founded entirely upon report, not upon what they themselves had observed. Vega, lib. ii. c. 4. In one of their festivals the Peruvians ofiereu cakeb o bread moistened with blood drawn from the arms the eyebrows, and noses of their children. Id. lib. vii c. 6. This rite may have been derived from thei' ancient practice, in their uncivilized state, of sacri ficing human victims. NOTE 158. The Spaniards have adopted both those customs of the ancient Peruvians. They hay< preserved some of the aqueducts or canals, made ii the days of the incas, and have made new ones, bi which they water every field that they cultivate Ulloa, Voyage, torn. i. 4'2'2, 477. They likewise con tinue to use yuano, or the dung of sea-fowls, as ma nure. Ulloa gives a description of the almost incre dible quantity of it in the small islands near the coast. Ibid. 481. NOTE 159. The temple of Cayambo, the palace of the inca at Callo in the plain of Lacatunga, and that of Atun-Cannar, are described by Ulloa, torn, i 286, &c., who inspected them with great care. M de Condarnine published a curious memoir concern ing the ruins of Atun-Cannar. Mem. de 1' Academic de Berlin, A. D. 1746, p. 435. Acosta describes th< ruins of Cuzco, which he had examined. Lib. vi c. 1 4. Garcilasso, in his usual style, gives pompous and confused descriptions of several temples anc other public edifices. Lib. iii. c. 1, c. 21, lib. vi. c. 4 Don Zapata, in a large treatise concerning Peru, which has not hitherto been published, com municates some information with respect to severa monuments of the ancient Peruvians which have not been mentioned by other authors. MS. penes me, Articulo xx. Ulloa describes some of the ancienl Peruvian fortifications, which were likewise works ol great extent and solidity. Tom. i. 391. Three cir- cumstances struck all those observers ; the vast size of the stones which the Peruvians- employed in some of their buildings. Acosta measured one which was thirty feet long, eighteen broad, and six in thick- ness ; and yet he adds, that in the fortress at Cuzco, there were "stones considerably large?. It is difficult to conceive how the Peruvians could move these and raise them to the height of even twelve feet. The second circumstance is the imperfection of the Peru- vian art, when applied to working in timber. By the patience and perseverance natural to Ameri- cans, stones may be formed into any shape, merely by rubbing one against another, or by the use or hatchets or other instruments made of stone; but with such rude tools little progress can be made in carpentry. The Peruvians could not mortise two beams together, or give any degree of union or sta- bility 'to any work composed of timber. As they could not form a centre, they were totally unac- quainted with the use of arches in building ; nor can the Spanish authors conceive how they were able to frame a roof for those ample structures which th( j y raised. The third circumstance is a striking proof, which all the monuments of the Peruvians furnish, of their want of ingenuity and invention, accompanied with patience no less astonishing None of the stones employed in those works were formed into any par- ticular or uniform shape, which could render them fit for being compacted together in building. The Indians took them as they fell from the mountains, or were raised out of the quarries. Some were square, some triangular, some convex, some concave. Their art and industry were employed in joining them together, by forming ^such hollows in the one as perfectly corresponded to the projections or rising* in the other. This tedious operation, which might have been so eabily alii. .'., ./,* .^a^iiug the sur- face of the stones to each other, either by rubbing or by their hatchets of copper, would be deemed incre- dible, if it were not put beyond doubt by inspecting the remains of those buildings. It gives them a very singular appearance to an European eye. There is no regular layer or stratum of building, and no one stone resembles another in dimensions or form. At the same time, by the persevering but ill-directed industry of the Indians, they are all joined with that minute nicety which I have mentioned. Ulloa made this observation concerning therform of the stones in the fortress of Atun-Cannar. Voy. i. p. 387. Pineto gives a similar description of the fortress of Cuzco, the most perfect of all the Peruvian works. Zatapa, MS. penes me. According to M. de Condamine, there were regular strata of building in some parts of Atun-Cannar, which he remarks as singular, and as a proof of some progress in improvement. NOTE 160. The appearance of those bridges, which bend with their own weight, wave with the wind, and are considerably agitated by the motion of every person who passes along them, is very frightful at first. But the Spaniards have found them to be the easiest mode of passing the torrents in Peru, over which it would be difficult to throw more solid structures either of stone or timber. They form those hanging bridges so strong and broad that loaded mules pass along them. All the trade of Cuzco is carried on W means of such a bridge over, the river Apurimac. Ulloa, torn. i. 358. A more simple contrivance was employed in passing smaller streams : a basket, in which the traveller was placed, being suspended from a strong rope stretched across the stream, it was pushed or drawn from the one side to the other. Ibid. NOTE 161. My information with respect to those events is taken from Noticia breve de la cxpedicion militar de Sinora y Ciniloa, su exito feliz, y vanto- joso estado, en que por ccinsecuentia de ello, se han puesto ambas provincias, published at Mexico, June 17th, 1771, in order to satisfy the curiosity of the merchants, who had furnished the viceroy with mo- ney for defraying the expense of the armament. The copies of this Noticia are very rare in Madrid; but I have obtained one, which has enabled me to commu- nicate these curious facts to the public. According to this account there was found in the mine Yeco- rato in Cinaloa a grain of gold of twenty-two carats, which weighed sixteen marks four ounces four ocha- vas ; this was sent to Spain as a present fit for the cing, and is now deposited in the royal cabinet at Madrid. NOTE 162. The uncertainty of geographers with respect to this point is remarkable, for Cortes seems ;o have surveyed its coasts with great accuracy. The Archbishop of Toledo has published, from the origi- nal in the possession of the Marquis del Valle, (he descendant of Cortes, a map drawn in 1541, by the nlot Domingo Castillo, in which California is laid down as a peninsula, stretching out nearly in the ;amc direction which is now given to it in the best naps ; and the point where Rio Colorado enters the *ulf is marked with precision. Hist, de Nueva Es- agna, 327. NOTE 163. I am indebted for this fact to L'Abbe laynal, torn. iii. 103 ; and upon consulting an intel- ligent person, long settled on the Mosquito shore, and who has been engaged in the logwood trade, I find that ingenious author has been well informed. THE HISTORY OF AMERICA. 271 The logwood cut near the town of St. Francis of Campeachy is of much better quality than that on the other side of Yucatan : and the English trade in the bay of Honduras is almost at an end. NOTE 1G4. P. Torribio de Benevente, or Moto- linea, has enumerated ten causes of the rapid depo- pulation of Mexico, to which he gives the name of the Ten Plagues. Many of these are not peculiar to that province. 1. The introduction of the small- pox. This disease was first brought into New Spain in the year 1520, by a negro slave who attended Nar- vaez in his expedition against Cortes. Torribio affirms, that one half of the people in the provinces visited with this dis-tempcr died. To this mortality, occasioned by the small pox, Torquemada adds the destructive effects of two contagious distempers which raged in the year 1545 and 1576. In the former 800,000, in the latter above two millions perished, according to an exact account taken by order of the viceroys. Mon. Ind. i. 642. The small-pox was not introduced into Peru for several years after the invasion of the Spaniards; but there, too, that dis- temper proved very fatal to the natives. Garcia Origen, p. 88. 2. The numbers who were killed or died of famine in their war with the Spaniards, par- ticularly during the siege of Mexico. 3. The great famine that followed after the reduction of Mexico, as all the people engaged, either on one side or other, had neglected the cultivation of their lands. Some- thing similar to this happened in all the other coun- tries conquered by the Spaniards. 4. The grievous tasks imposed by the Spaniards upon the people be- longing to their Repartimientos. 5. The oppressive burden of taxes which they were unable to pay, and from which they could hope for no exemption 6. The numbers employed in collecting the gold car- ried down by the torrents from the mountains, who were forced from their own habitations, without any provision made for their subsistence, and subjected to ail the rigour of cold in those elevated regions. 7. The immense labour of rebuilding Mexico, which Cortes urged on with such precipitate ardour as de- stroyed an incredible number of people. 8. The number of people condemned to servitude, under various pretexts, and employed in work-ing the sil- ver mines. These, marked by each proprietor with a hot iron, like his cattle, were driven in herds to the mountains. The nature of the labour to which they were subjected there, the noxious vapours of the'inines, the' coldness of the climate, and scarcity of food, were so fatal, that Torribio affirms the coun- try round several of those mines, particularly near Guaxago, was covered with dead bodies, the air cor- rupted with their stench, and so many vultures and other voracious birds hovered about for their prey, that the sun was darkened with their flight. 10. The Spaniards, in the different expeditions which they undertook and by the civil war* which they carried on, destroyed many of the natives whom they compelled to serve them as Tamemes, or carriers of burdens. This last mode of oppression was particu- larly ruinous to the Peruvians. From the number of Indians who perished in Gonzalo Pizarro's expedi- tion into the countries to the east of the Andes, one may form some idea of what they suffered in similar services, and how fast they were wasted by them. Torribio, MS. Corita, in his Breve y Summaria Belacion, illustrates and confirms several of Torri- bio's observations, to which he refers. MS. penes me. NOTE 165. Even Montesquieu has adopted this idea. lib. viii. c. 18. But the passion of that great man for system sometimes rendered Hi*" inattentive to research ; and from his capacity to refine, he was apt, in some instances, to overlook obvious and just causes. NOTE 166. A strong proof of this occurs in the testament of Isabella, where she discovers the most tender concern for the humane and mild usage of the Indians. Those laudable sentiments of the queen have been adopted into the public law of Spain, and serve as the introduction to the regula- tions contained under the title of Of the good treat- ment of the Indians. Recopil. lib. vi. tit. x. NOTE 167. In the seventh Title of the first book of the Recopilacion^ which contains the laws concern- ing the powers and functions of archbishops and bishops, almost a third part of them relates to what is incumbent upon them as guardians of the Indians, and points out the various methods in which it is their duty to interpose, in order to defend them from oppression, either with respect to their persons or property. Not only do the laws commit to them this honourable and humane office, but the ecclesiastics of America actually exercise it. Innumerable proofs of this might be produced from Spanish authors. But I rather refer to Gage, as he was not disposed to ascribe any merit to the popish clergy to which they were not fully entitled. Survey, p. 142, 192, &c. Henry Hawks, an English merchant, who resided five years in New Spain pre- vious to the year 1572, gives the same favourable account of the popish clergy. Hakluyt, iii. 466. By a law of Charles V. not only bishops but other eccle- siastics, are empowered to inform and admonish the civil magistrates, if any Indian is deprived of his just liberty and rights ; Recopilac. lib. vi. tit. vi. ley. 14 ; and thus were constituted legal protectors of the Indians. Some of the Spanish ecclesiastics refuse to grant absolution to such of their countrymen as pos- sessed Encomiendas, and considered the Indians as slaves, or employed them in working their mines. Gonz. Davil. Teatro Eccles. i. 157. NOTE 168. According to Gage, Chiapa dos In- dos contains 4000 families ; and he mentions it only as one of the largest Indian towns in America, p. 104. * NOTE 169. It is very difficult to obtain an accu- rate account of the state of population in those king- doms of Europe where the police is most perfect, and where science has made the greatest progress. In Spanish America, where knowledge is still in its infancy, and few men have leisure to engage in re- searches merely speculative, little attention has been paid to this curious inquiry. But in the year 1741, I Philip V. enjoined the viceroys and governors of the ; several provinces in America to make an actual sur- j vey of the people under their jurisdiction, and to transmit a report concerning their number and oc- cupations. In consequence of this order the Conde de Fuen-Clara, viceroy of New Spain, appointed D. Jos. Antonio de Villa Segnor y Sanchez to execute that commission in New Spain. From the reports of the magistrates in the several districts, as well as from his own observations and long acquaintance with most of the provinces, Villa Segnor published the result of his inquiries in his Teatro Americano. His report, however, is imperfect Of the nine dio- ceses, into which the Mexican empire has been di- vided, he has published an account of five only, viz., the archbishopric of Mexico, the bishoprics of Puebla de los Angeles, Mechoacan, Oaxaca, and Nova Ga- licia. The bishoprics of Yucatan, Verapaz, Chiapa,, and Guatemala, are entirely omitted, though the two latter comprehend countries in which the Indian THE HISTORY OF AMERICA. lace is more numerous than in any part of New cording to an account which I have reason i to coasi-. Spain In his survey of the extensive diocese of ! der as accurate, the number of copies of the bull of Nova 'Galicia, the situation of the different Indian , Cruzada, exported to Peru on each new publication, - ,326. 1 am in- people only in a small part 6f it. ~The Indians of formed that but few Indians purchase bulls, and that J_H, nlS Su.rV6y OI LUc extcilbivu u-iuucac wi . **v* w j*- "Galicia the situation of the different Indian , Cruzada, exported to Peru on each new publication, villages is described, but he specifies the number of! is 1,171,953; to New Spam, 2,649,3 people only in a small part of it. The Indians of formed that but few Indians purchase 1 that i extensive province, in which the Spanish domi- they are sold chiefly to the Spanish inhabitants, and nion is imperfectly established, are not registered those of mixed race; so that the number of Spaniards with the same accuracy as in other parts of New and people of a mixed race will amount by this mode Spain According to Villa Segnor, the actual state ; of computation to at least throe millions, of population in the five dioceses abovementioned is, j The number of inhabitants in many of the towns of Spaniards, negroes, mulattoes, and mestizos, in , in Spanish America may give us some idea of the the dioceses of I extent of population, and correct the inaccurate but Familios. j popular notion entertained in Great Britain concern- 105,202 ing the weak and desolate state of their colonies. 30,600 j The city of Mexico contains at least 150,000 people. 30,840 i It is remarkable that Torquemada, who wrote his 7,296 \ Monarquia Indiana about the year 1612, reckons the 16,770 ! inhabitants of Mexico at that time to be only 7000 I Spaniards and 8000 Indians. Lib. iii. c. 26. Puebla 190,708 I de los Angeles contains above 60,000 Spaniards, and At the rate of five to a family, the total number is I people of a mixed race. Villa Segnor, p. 247. Gua- I dalaxara contains above 30,000, exclusive of In- 119,511 j dians. Id. ii.206. Lima contains 54,000. DeCosme 88,240 Bueno Descr. de Peru, 1764. Carthagena contains 36,196 44,222 6,222 294,391 At the rate of five to a family, the total nnmber is Mexico : Los Angeles Mechoacan Oaxaca NovaGalieia 953,540. Indian families in the diocese of Mexico Los Angeles Mechoacau Gaxaca : Nova Galicia 25,000. Potosi contain-, '.>"> n.in Bueno 17C7. I'-- r ,uan contains above 20,000, l.iloa, i.287. Towns of a "second class are still more numerous. The cities in the most thriving settlements of other Eu- ropean nations in America cannot be compared with these. 1,471,955. We may rely with greater certainty on j Such are the detached accounts of the number of this computation of the number of Indians, as it is I people in several towns, which I found scattered in taken from the Matricula, or register, according to which the tribute paid by them is collected. As four dioceses of nine are totally omitted, and in that of Nova Galicia the numbers are imperfectly re- corded, we may conclude that the number of Indians in the Mexican empire exceeds two millions. The account of the number of'Spaniards, &c. seems not to be equally complete. Of many places, Villa Segnor observes in general terms, that several Spa- niards, negroes, and people of mixed race, reside there, without specifying their number. If, there- fore, we make allowance for these, and for all who reside in the four dioceses omitted, the number of Spaniards, and those of a mixed race, may probably amount to a million and a half. In some places Villa Segnor distinguishes between Spaniards and the inferior races of negroes, mulattoes, and mesti- zos, and marks their number separately. But he generally blends them together. But from the pro- portion observable in those places, where the num- ber of each is marked, as well as from the account of the state of population in New Spain by other authors, it is manifest that the number of negroes and persons of a mixed race far exceeds that of Spa- niards. Perhaps the latter ought not to be reckoned above 500,000 to a million of the former. Defective as this account may be, I have not been able to procure such intelligence concerning the number of people in Peru, as might enable me to form any conjecture equally satisfying with respect to the degree of its population. I have been in- formed that in the year 1761 the protector of the Indians in the viceroyalty of Peru computed that 612,780 paid tribute to the king. As all females, and persons under age, are exempted from this tax in Peru, the total number of Indians ought by that account to be 2,449,120, MS. penes me. I shall mention another mode, by which one may compute, or at least form a guess concerning the state of population in New Spain and Peru. Ac- authors whom I thought worthy of credit. But I have obtained an enumeration of the inhabitants of the towns in the province of Quito, on the accuracy of which I can rely ; and I communicate it to the public, both to gratify curiosity, and to rectify the mistaken notion which I have mentioned. St. Fran- cisco do Quito contains between 50 and 60,000^)eo- ple of all the different races. Besides the city, there are in the Corregimien .> twenty-nine euros or pa- rishes established in the principal villages, each of which has smaller hamlets depending upon it. The inhabitants of these arc mostly Indians and mesti- zos. St. Juan de Pasto has between 6 and 8,000 inhabitants, besides 27 dependent villages. Gt. Mi- guel de Ibarra, 7000 citizens,, and ten villages. The district of Havala, between 18 and 20,000 people. The district of Tacuna, between 10 and 12,000. The district of Ambato, between 8 and 10,000, besides 16 depending villages. The city of Riobamba, be- tween 16 and 20,000 inhabitants, and nine depend- ing villages. The district of Chimbo, between 6 and 8000. The city of Guayaquil, from 16 to 20,000 inhabitants, and 14 depending villages. The dis- trict of Atuasi, between 5 and 6100 inhabitants, and 4 depending villages. The city of Cuenza, between 25 and 30,000 inhabitants, and 9 populous depend- ing villages. The town of- Laxa, from 8 to 10,000 inhabitants, and 14 depending villages. This degree of population, though slender if we consider the vast extent of the country, is far beyond what is com- monly supposed. I have omitted to mention, in its proper place, that Quito is the only province in Spa- nish America that can be denominated a manufac- turing country; hats, cotton stuffs, and coarse wool- len cloths, are made there in such quantities as to be sufficient not only for the consumption of the pro- vince, but to furnish a considerable article for ex- portation into other parts of Spanish America. I know not whether the uncommon industry of this province should be considered as the cause or the THE HISTORY OF AMERICA. 2:3 cft'ect of its populousness. But among the ostenta- tious inhabitants of the New World the passion for every thing that comes from Europe is so violent that I am' informed the manufactures of Quito are so much undervalued as to be on the decline. NOTE 170. These are established at the follow- ing places : St. Domingo, in the island of Hispa- niola ; Mexico, in New Spain ; Lima, in Peru ; Pa- nama, in Tierra Firme ; Santiago, in Guatimala; Guadalaxara, in New Galicia ; Santa Fe, in the new kingdom of Granada : La Plata, in the country of Los Charcas; St. Francisco de Quito, St. Jago de Chili, Buenos Ayres. To each of these are subjected several large provinces, and some so far removed from the cities where the courts are fixed, that they can derive little benefit from their jurisdiction. The Spanish writers commonly reckon up twelve courts of audience, but they include that of Manila, in the Philippine islands. NO'TE 171. On account of the distance of Peru and Chili from Spain, and the difficulty of carrying commodities of such bulk as wine and oil across the isthmus of Panama, the Spaniards in those provinces have been permitted to plant vines and olives ; but they are strictly prohibited from exporting wine or oil to any of the provinces on the Pacific ocean, which are in such a situation as to receive them from Spain. Recop. lib. i. tit. xvii. 1. 15 18. NOTE 172. This computation was made by Ben- zoni, A. D. 1550, fifty-eight years after the discovery of America. Hist. Novi Orbis, lib. iii. c. 21. But as Benzoni wrote with the spirit of a malecontent, disposed to detract from the Spaniards in every par- ticular, it is probable that his calculation is conside- rably too low. NOTE 173. My information with respect to the division and transmission of property in the Spanish colonies is imperfect. The Spanish authors do not explain this fully, and have not perhaps attended sufficiently to the effects of their own institutions ami laws." Solorzario de Jure Ind. (vol. ii. lib. ii. . 1. 16), explains in some measure the introduction of the tenure of Mayorasyo, and mentions some of its effects. Villa Segnor takes notice of a single conse- quence of it He observes, that in some of the best situations in the city of Mexico a good deal of ground is unoccupied, or covered only with the ruins of the houses once erected upon it ; and adds, that as this ground is held by right of Mayorasgo, and cannot be alienated, that desolation and those ruins become perpetual. Teatr. Amer. vol. i. p. 34. NOTE 174. There is no law that excludes Creoles from offices either civil or ecclesiastic. On the con trary, there are many Cedulas, which recommend the conferring places of trust indiscriminately on the natives of Spain and America. Betancourt y Figue- roa Derecho, &c. p. 5, 6. But, notwithstanding such repeated recommendations, preferment in almosi every line is conferred on native Spaniards. A re- markable proof of this is produced by the author last quoted. From the discovery of America to the year 1637, three hundred and sixty-nine bishops, or arch- bishops, have been appointed to the different dioceses IB that country, and of all that number only twelv< were Creoles, p. 40. This predilection for Europeans seems still to continue. By a royal mandate, issuec in 1776, the chapter of the cathedral of Mexico i directed to nominate European ecclesiastics of known merit and abilities, that the king may appoint them to supply vacant benefices. MS. penes me. NOTE 175. Moderate as this tribute may appear such is the extreme poverty of the Indians in man) THE HISTORY OK AMEIUCA No. 35. )rovinces of America, that the exacting of it is into- erably oppressive. Pegua Itiner. par Paroches de Indios, p. 192. NOTE 176. In New Spain, on account of the ex- raordiuary merit and services of the first conquerors, as well as the small revenue arising from the country previous to the discovery of the mines of Sacatecas, he encomiendas were granted for three, and some- ,imes for four lives. Recop. lib. vi. tit. ii. c. 14, &c. NOTE 177. D. Ant. Ulloa contends that working n mines is not noxious, and as a proof of this, in- forms us that many mestizos and Indians, who do not belong to any repartimiento, voluntarily hire hemselves as miners; and several of the Indians, when the legal term of their service expires, continue ;o work in the mines of choice. Entreten, p. 265. But his opinion concerning the wholesomeness of ;his occupation is contrary to the experience of all ages ; and wherever men are allured by high wages, :hey will engage in any species of labour, however fatiguing or pernicious it may be. D. Hern. Carillo Altamirano relates a curious fact incompatible with ;his opinion. Wherever mines are wrought, says "le, the number of Indians decreases ; but in the pro- vince of Campeachy, where there are no mines, the number of Indians has increased more than a third since the conquest of America, -though neither the soil nor climate be so favourable as in Peru or Mex- ico Colbert Collect. In another memorial pre- sented to Philip III. in the year 1609, Captain Juan Gonzales de Azevcdo asserts, that in every district of Peru where the Indians are compelled to labour in the mines, their numbers were reduced to the half, and in some places to the third, of what it was under the viceroyalty of Don. Fran. Toledo in 1581. Colb. Collect. NOTE 178. As labour of this kind cannot be pre- scribed with legal accuracy, the tasks seem to be in a reat measure^ arbitrary, and like the services exacted y feudal superiors in vinea, prato, ant messe, from their vassals, are extremely burdensome, and often wantonly oppressive. Pegna Itiner. par Parochos de Indios. NOTE 179. The turn of service known in Peru by the name of Mita is called Tanda in New Spain. There it continues no longer than a week at a time. No person is called to serve at a greater distance from his habitation than 24 miles. This arrangement is less oppressive to the Indians than that established in Peru. Memorial of Hern. Carillo Altamirano. Colbert Collect. NOTE 180. The strongest proof of this may be deduced from the laws themselves. By the multitude and variety of regulations to prevent abuses, we may form an idea of the number of abuses that prevail. Though the laws have wisely provided that no Indian shall be obliged to serve in any mine at a greater distance from his place of residence than thirty miles ; we are informed in a memorial of D. Hernau Carillo Altamirano presented to the king, that the Indians of Peru are often compelled to serve in mines at the distance of a hundred, a hundred and fifty, and even two hundred leagues from their habi- tation. Colbert Collect. Many mines are situated in parts of the country so barren and so distant from the ordinary habitations of the Indians, that the. ne- cessity of procuring labourers to work there has obliged the Spanish monarchs to dispense with their own regulations in several instances, and to permit the viceroys to compel the people of moie remote provinces to resort to those mines. Escalona Gazo- phvl. Perub. lib. i. c. 16. But in justice to them it 2 N 274 THE HISTORY OF AMERICA. should be observed that they have been studious to alleviate this oppression as much as possible, by en- joining viceroys to employ every method in order to induce the Indians to settle in some part of the country adjacent to the mines. Id. ibid. NOTE 181. Torquemada, after a long enumera- tion which has the appearance of accuracy, con- cludes the number of monasteries in New Spain to be four hundred. Mon. Ind lib. xix. c. 32. The number of monasteries in the city of Mexico alone was, in the year 1745, fifty-five. Villa Segnor Teat. Amer. i. 34. Ulloa reckons up forty convents in Lima : and mentioning those for nuns, he says that a small town might be peopled out of them, the number of persons shut up there is so great. Voy. i. 429. Philip III., in a letter to the viceroy of Peru, A. D. 1620, observes, that the number of convents in Lima was so great that they covered more ground than all the rest of the city. Solorz. lib. iii. c. 23, n. 57. Lib. iii. c. 16. Torquem. lib. xv. c. 3. The first monastery in New Spain was founded A. D. 1525, four years only after the conquest. Torq. lib. xv. c. 16. According to Gil Gonzalez Davila, the complete establishment of the American church in all the Spanish settlements was, in the year 1649, 1 patri- arch, 6 archbishops, 32 bishops, 316 prebends, 2 abbots, 5 royal chaplains, 840 convents. Teatro Ecclesiastico de las Ind. Occident, vol. i. Pref. When the order of Jesuits was expelled from all the Spanish dominions, the colleges, professed houses, and residences, which it possessed in the province of New Spain were thirty, in Quito sixteen, in the new kingdom of Granada thirteen, in Peru seven- teen, in Chili eighteen, in Paraguay eighteen ; in all, a hundred and twelve. Collection General de Providencias hasta aqui tomadas sobre estranamento, &c. de la Compagnia, part i. p. 19. The number of Jesuits, priests, and novices in all these amounted to 2245. MS. penes me. In the year 1644 the city of Mexico presented a petition to the king, praying that no new monastery- might be founded, and that the revenues of those already established might be circumscribed, other- wise the religious houses would soon acquire the property of the whole country. The petitioners re- quest, likewise, that the bishops might be laid under restrictions in conferring holy orders, as there were at that time in New Spain above six thousand cler- gymen without any living. Id. p. 16. These abuses must have been enormous indeed, when the supersti- tion of American Spaniards was shocked, and in- duced to remonstrate against them. NOTE 182. This description of the manners of the Spanish clergy I should not have ventured to give upon the testimony of Protestant authors alone, as they may be suspected of prejudice or exaggera- tion. Gage, in particular, who had a better oppor- tunity than any Protestant to view the interior state of Spanish America, describes the corruption of the church which he had forsaken with so much of the acrimony of a new convert, that I should have dis- trusted his evidence, though it communicates some very curious and striking facts. But Benzoni men- tions the profligacy of ecclesiastics in America at a very early period after their settlement there. Hist, lib. ii. c. 19, 20. M. Frezier, an intelligent observer, and zealous for his owa religion, paints the dissolute manners of the Spanish ecclesiastics in Peru, parti- cularly the regulars, in stronger colours than I have employed. Voy. p. 51, 215, &c. M. Gentil confirms this account. Voy. i. 34. Correal concurs with both, and adds many respectable circumstances. Voy. i. 61, 155, 161. I have good reason to believe that the manners of the regular clergy, particularly in Peru, are still extremely indecent. Acosta himself ac- knowledges that great corruption of manners had been the consequence of permitting monks to forsake the retirement and discipline of the cloister, and to mingle again with the world, by undertaking the charge of the Indian parishes. De Procur. Ind. Salute, lib. iv. c. 13, &c. He mentions particularly those vices of which I have taken notice, and consi- ders the temptations to them as so formidable, that he leans to the opinion of those who hold that the regular clergy should not be employed as parish priests. Lib. v. c. 20. Even the advocates for the regulars admit, that many and great enormities abounded among the monks of different orders, when set free from the restraint of monastic discipline ; and from the tone of their defence one may conclude that the charge brought against them was not desti- tute of truth. In the French colonies the state of the regular clergy is nearly the same as in the Spa- nish settlements, and the same consequences have followed. M. Biet, superior of the secular priests in Cayenne, inquires, with no less appearance of piety than of candour, into the causes of this corruption, and imputes it chiefly to the exemption of regulars from the jurisdiction and censures of their diocesans; to the temptations to which they are exposed ; and to their engaging in commerce. Voy. p. 320. It is re- markable that all the authors who censure the licen- tiousness of the Spanish regulars with the greatest severity, concur in vindicating the conduct of the Jesuits. Formed under a discipline more perfect than that of the other monastic orders, or animated by that concern for the honour of the society which takes sugh full possession of every member of the order, the Jesuits, both in Mexico and Peru, it is al- lowed, maintained a most irreproachable decency of manners. Frezier, 223. Gentil, i. 34. The same praise is likewise due to the bishops and most of the dignified clergy. Frez. Ibid. A volume of the Gazette de Mexico for the years 1728, 1729, 1730, having been communicated tome, I find there a striking confirmation of what I have advanced concerning the spirit of low illiberal super- stition prevalent in Spanish America. From the newspapers of any nation one may learn what are the objects which chiefly engross its attention, and which appear to it most interesting. The gazette of Mexico is filled almost entirely with accounts of reli- gious functions, with descriptions of processions, consecrations of churches, beatifications of saints, festivals, autos de fe, &c. Civil or commercial affairs, and even the transactions of Europe, occupy but a small corner in this magazine of monthly intelli- gence. From the titles of new books, which are regularly inserted in this gazette, it appears that two-thirds of them are treatises of scholastic theology, or of monkish devotion. NOTE 183. Solorzano, after mentioning the cor- rupt morals of some of the regular clergy, with that cautious reserve which became a Spanish layman in touching on a subject so delicate, gives his opi- nion very explicitly, and with much firmness, against committing parochial charges to monks. He produces the testimony of several respectable authors of his country, both divines and lawyers, in confirmation of his opinion. De Jure Ind. iirlib. iii. c. 16. A striking proof of the alarm excited by the attempt of the Prince d'Esquilache to exclude the regulars from parochial cures, is contained in the THE HISTORY OF AMERICA. 275 Colbert collection of papers. Several memorials were presented to the king by the procurators for the monastic orders, and replies were made to these in name of the secular clergy. An eager and even ran- corous spirit is manifest on both sides, in the con- duct of this dispute. NOTE 184. Not only the native Indians, but the mestizos, or children of a Spaniard and Indian, were originally excluded from the priesthood, and refused admission into any religious order. But by a law issued Sept 28th, 1588, Philip II. required the pre- lates of America to ordain such mestizos born in lawful wedlock, as they should find to be properly qualified, and to permit them to take the vows in any monastery where they had gone through a regular noviciate. Recopil. lib. i. tit. vii. 1. 7. Some regard seems to have been paid to this law in New Spain ; but none in Peru. Upon a representation of this to Charles IT. in the year 1697, he issued a new edict, enforcing the observation of it, and professing his desire to have all his subjects, Indians and mestizos as well as Spaniards, admitted to the enjoyment of the same privileges. Such, however, was the aver- sion of Spaniards in America to the Indians and their race, that, this seoms to have produced little effect; for in the year 1725 Philip V. WAS obliged to renew the injunction in a more peremptory tone. But so unsurmountable are the hatred and contempt of the Indians among the Peruvian Spaniards, that the present king has been constrained to enforce the former edicts anew, by a law published Sept. 11, 1774. Real Cedula, MS. penes me. M. Clavigero has contradicted what I have related concerning the ecclesiastical state of the Indians, particularly their exclusion from, the sacrament of the eucharist, and from holy orders, either as secu- lars or regulars, in such a manner as cannot fail to make a deep impression. He from his own know- ledge asserts, "that in New Spain not only are In- dians permitted to partake of the sacrament of the altar, but that Indian priests are so numerous that they may b counted by hundreds ; and among these have been many hundreds of rectors, canons, and doctors, and, as report goes, even a very learned bishop. At present there are many priests, and not a few rectors, among whom there have been three or four our own pupils." VoL ii. 348, &c. I owe it therefore as a duty to the public as well as to myself, to consider each of these points with care, and to explain the reasons which induced me to adopt the opinion which I have published. I knew that in the christiau church there is no distinction of persons, but that men of every nation, who embrace the religion of Jesus, are equally en- titled to every Christian privilege which they are qualified to receive. I knew likewise that an opi- nion prevailed, not only among most of the Spanish laity settled in America, but among " many ecclesi- astics, (I use the words of Herrera, dec. ii. lib. ii. c. 15), that the Indians were not perfect or rational men, and were not possessed of such capacity as qualified them to partake of the sacrament of the altar, or of any other benefit of our religion." It was against this opinion that Las Casas contended with the laudable zeal which I have described in books III. and VI. But as the Bishop of Darien, Dr. Sepulvida, and other respectable ecclesiastics, vigorously supported the common opinion concern- ing the incapacity of the Indians, it became neces- sary, in order to determine the point, that the autho- rity of the holy see should be interposed : and ac- cordingly Paul III. ifHied a bull, A. D. J537, in which, after condemning the opinion of those who held that the Indians, as being on a level with brute beasts, should be reduced to servitude, he declares that they were really men, and as such were capable of embracing the Christian religion, and participat- ing of all its blessings. My account of this bull, notwithstanding the cavils of M. Clavigero, must appear just to every person who takes the trouble of perusing it ; and my account is the same with that adopted by Torquemada, lib. xvi. c. 25, and by Gar- cia, Orig. p. 311. But even after this decision, so low did the Spaniards residing in America rate the capacity of the natives, that the first council of Lima (I call it by that name on the authority of the best Spanish authors) discountenanced the admission of Indians to the holy communion. Torquem. lib. xvi. c. 20. In New Spain the exclusion ef Indians from the sacrament was still more explicit. Ibid. After two centuries have elapsed, and notwithstanding all the improvement that the Indians may be supposed to have derived from their intercourse with the Spa- niards during that period, we are informed by D. Ant. Ulloa, that in Peru, where, as will appear in the sequel of this note, they are supposed to be bet- ter instructed than in New Spain, their ignorance is so prodigious that very few are permitted to commu- nicate, as bemg altogether destitute of the requisite capacity. Voy. i. 341, &c. Solorz. Polit. Ind. i. 203. With respect to the exclusion of Indians from the priesthood, either as seculars or regulars, we may observe, that while it continued to be the common opinion that the natives of America, on account of their incapacity, should not be permitted to partake of the holy sacrament, we cannot suppose that they would be clothed with that sacred, character which entitled them to consecrate and to dispense it. When Torquemada composed his Monarquia Indiana, it was almost a century after the conquest of New Spain ; and yet in his time it was still the general practice to exclude Indians from holy orders. Of this we have the most satisfying evidence. Torque- mada having celebrated the virtues and graces of the Indians at great length, and with all the compla- cency of a missionary, he starts as an objection to what he had asserted, " If the Indians really pos- sess all the excellent qualities which you have de- scribed, why are they not permitted to assume the religious habit ? Why are they not ordained priests and bishops, as the Jewish and Gentile converts were in the primitive church, especially as they might be employed with such superior advantage to other persons in the instruction of their country- men ?" Lib. xvii . c. 13. In answer to this objection, which establishes, iu the most unequivocal manner, what was the general practice at that period, Torquemada observes, that although by their natural dispositions the Indians are well fitted for a subordinate situation, they are destitute of all the qualities requisite in any station of dignity and authority ; and that they are in gene- ral so addicted to drunkenness, that upon the slight- est temptation one cannot promise on their behav- ing with the decency suitable to the clerical charac- ter. The propriety of excluding them from it on these accounts was, he observed, so well,justified by experience, that when a foreigner of great erudition, who came from Spain, condemned the practice of the Mexican church, he was convinced of his mistake in a public disputation with the learned and most religious father D. Juan de Gaona, and his retracta- tion is still extant. Torquemada indeed acknow- irrlgrr-, 35 M. Clavigero observer-, with a degree r-f 276 THE HISTOHY OF AMERICA. exultation, that in his time some Indians had been admitted into monasteries; but with the art of a dis- putant he forgets to mention that Torquemada spe- cifics only two examples of this, and takes notice that in both instances those Indians have been ad- mitted by mistake. Relying upon the authority of Torquemada with regard to New Spain, and of Ulloa with regard to Peru, and considering the humiliating depression of the Indians in all the Spanish settle- ments, I concluded that they were not admitted into the- ecclesiastical order, which is held in the highest veneration all over the New World. But when M. Clavigero, upon his own knowledge, asserted facts so repugnant to the conclusion I had formed, I began to distrust it, and to wish for fur- ther information. In order to obtain this I applied to a Spanish nobleman, high in office, and eminent for his abilities, who, on different occasions, has permitted me to have the honour and benefit of cor- responding with him. I have been favoured with the following answer: "What you have written con- cerning the admission of Indians into holy orders, or into monasteries, in Book VIII., especially as it is explained and limited in Note Ixxxviii. of the quarto edition, is in general accurate, and conformable to the authorities which you quote. And although the congregation of the council resolved and declared, Feb. 13, A. D. 1682, that the circumstance of being an Indian, a mulatto, or mestizo, did not not disqua- lify any person from being admitted into holy orders, if he was possessed of what is required by the canons to entitle him to that privilege ; this only proves such ordinations to be legal and valid (of which Solorzano and the Spanish lawyers and historians quoted by him, Pol. Ind. lib. ii. c. 29, were persuaded), but it neither proves the propriety of admitting Indians into holy orders, nor what was then the common practice with respect to this ; but on the contrary it shows that there was some doubt concerning the ordaining of Indians, and some repugnance to it. " Since that time there have been some examples of admitting Indians into holy orders. We have now at Madrid an aged priest, a native of Tlascala. His name is D. Juan Cerilo de Castilla Aquihual Catehutle, descended of a cazique converted to Chris- tianity soon after the conquest. He studied the ecclesiastical sciences in a seminary of Puebla de los Angeles. He was a candidate, nevertheless, for ten years, and it required much interest before Bishop Abren would consent to ordain him. This eccle- siastic is a man of unexceptionable character, rno- dest, self-denied, and with a competent knowledge of what relates to his clerical functions. He came to Madrid above thirty-four years ago, with the sole view of soliciting admission for the Indians into the colleges and seminaries in New Spain, that if, after being well instructed and tried, they should find an inclination to enter into the ecclesiastical state, they might embrace it, and perform its functions with the greatest benefit to their countrymen, whom they could address in their native tongue. He has ob- tained various regulations favourable to his scheme, particularly that the first college which became vacant, in consequence of the exclusion of the Jesuits, should be set apart for this purpose. But neither these regulations, nor any similar ones inserted in the laws of the Indies, have produced any effect, on ac- count of objections and representations from the greater part of persons of chief consideration em- ployed in New Spain. Whether their opposition be well founded or net, is a problem difficult to resolve, and towards the solution of which several distinc- tions and modifications are requisite. " According to the accounts of this ecclesiastic, and the information of other persons who have re- sided in the Spanish dominions in America, you may rest assured that in the kingdom Tierra Firme no such thing is known as either an Indian secular priest or monk ; and that in New Spain there are very few ecclesiastics of Indian race. In Peru, per- haps, the riumber may be greater, as in that country there are more Indians who possess the means of acquiring such a learned education as is necessary for persons who aspire to the clerical character." NOTE 185. Uztariz, an accurate and cautious calculator, seems to admit that the quantity of silver which does not pay duty may be stated thus high. According to Herrera there was not above a third of what was extracted from Potosi that paid the king's fifth. Dec. S, lib. ii. c. 15. Solorzano asserts likewise that the quantity of silver which is fraudu- lently circulated, is far greater than that which is regularly stamped, after paying the fifth. De Ind. Jure, vo'l. ii. lib. v. p. 846. NOTE 186. When the mines of Potosi were dis- covered in the year 1545, the veins were so near the surface that the ore was easily extracted, and so rich that it was refined with little trouble and at a small expense, merely by the action of fire. The simple mode of refining by fusion alone continued until the year 1574, when the use of mercury in refining sil- ver as well as gold was discovered. Those mines having been wrought without interruption for two centuries, the veins are now sunk so deep that the expense of extracting the ore is greatly increased. Besides this, the richness of the ore, contrary to what happens in most other mines, has become less as the vein continued to dip. The vein has likewise di- minished to such a degree, that one is amazed that the Spaniards should persist in working it. Other rich mines have been successively discovered; but in general the value of the ores has decreased so much, while the expense of extracting them has aug- mented, that the court of Spain in the year 1736 reduced the duty .payable to the king from a fifth to a tenth. All the" quicksilver used in Peru is extracted from the famous mine of Guancabelica, discovered in the year 1563. The crown has reserved the pro- perty of this mine to itself; and the persons who purchase the quicksilver pay not only the price of it, but likewise & fifth, as a duty to the king. But in the year 1761 this duty on quicksilver was abolished, on account of the increase of expense in working mines. Ulloa, Entretenimientos, xii xv. Yoy. i. p. 505, 523. In consequence of this abolition of the fifth, and some subsequent abatements of price, which became necessary on account of the increas- ing expense of working mines, quicksilver, which was formerly sold at eighty pesos the quintal, is now delivered by the king at the rate of sixty pesos. Campomanes, Educ. Popul. ii. 132, note. The duty on gold is reduced to a twentieth, or five per cent. Any of my readers who are desirous of being ac- rinted with the mode in which the Spaniards con- t the working of their mines, and the refinement of the ore, will find an accurate description of the ancient method by Acosta, lib. iv. c. 1 13, and of their more recent improvements in the metallurgic art, by Gamboa Comment, a las ordenanz. de Minas, chap. 22. NOTE 187. Many remarkable proofs occur of the advanced state of industry in Spain at the beginning of the sixteenth century. The number of cities in THE HISTORY OF AMERICA. 277 Spain was considerable, and they were peopled far beyond the proportion that was common in other parts of Europe. The causes of this I have explained, Hist, of Charles V. p. 355. Wherever cities are populous, that species of industry which is peculiar to them increases ; artificers and manufacturers abound. The effect of the American trade in giving activity to these is manifest, from a singular fact. In the year 1545, while Spain continued to depend on its own industry for the supply of its colonies, so much work was bespoke from the manufacturers, that it was supposed' they could hardly finish it in less than six years. Campom. i. 406. Such a demand must have put much industry in motion, and have excited extraordinary efforts. Accordingly, we are informed, that in the beginning of Philip II. 's reign the city of Seville alone, where the trade with Ame- rica centred, gave employment to no fewer than 1G,000 looms in silk or woollen work, and that above 130,000 persons had occupation in carrying on these manufactures. Campom. ii. 472. But so rapid and pernicious was the operation of the causes which I shall enumerate, that before Philip III. ended his reign the looms in Seville were reduced to 400. Uztariz, c. 7. Since the publication of the first edition I have the satisfaction to find my ideas concerning the early commercial intercourse between Spain and her colo- nies confirmed and illustrated by D. Bernardo Ward, of the Junta de Comercio at Madrid, in his Proi/iclo Economics, part ii. c. i. " Under the reign of Charles V. and Philip II." says he, " the manufac- turers of Spain and of the Low Countries subject to her dominion were in a most flourishing state. Those of France and England were in their infancy. The republic of the United Provinces did not then exist. No European power but Spain had colonies of any value in the New World. Spain could sup- ply her settlements there with the productions of her own soil, the fabrics wrought by the hands of her own artizans, and all she received in return for these belonged to herself alone. Then the exclu- sion of foreign manufactures was proper, because it might be rendered effectual. Then Spain might lay heavy duties upon goods exported to America, or imported from it, and might impose what restraints she deemed proper upon a commerce entirely in her own hands. But when time and successive revolu- tions had occasioned an alteration in all those cir- cumstances, when the manufactures of Spain began to decline, and the demands of America were sup- plied by foreign fabrics, the original maxims and re- gulations of Spain should have been accommodated to the change in her situation. The policy that was wise at one period became absurd in the other." NOTE 188. No bale of goods is ever opened, no chest of treasure is examined. Both are received on the credit of the persons to whom they belong; and only one instance of fraud is recorded during the long period in which trade was carried on with this liberal confidence. AH the coined silver that was brought from Peru to Porto-bello in the year 1654 was found to be adulterated, and to be mingled with a fifth part of base metal. The Spanish merchants, with sentiments suitable to their usual integrity, sus- tained the whole loss, and indemnified the foreign- ers by whom they were employed. The fraud was detected, and the treasurer of the revenue in Peru, the author of it, was publicly burnt. B. Ulloa Re- tablis. de Manuf. &c. liv. ii. p. 102. NOTE 189. Many striking proofs occur of the scarcity of money in Spain. Of all the immense sums which have been imported from America, the amount of which I shall afterwards have occasion to mention, Moncada asserts, that there did not remain in Spain, in 1619, above two hundred millions of pesos t one half in coined money, the other in plate and jewels, Restaur. de Espagna/disc. iii. c. 1. Uztariz, who published his valuable work in 1724, contends, that in money, plate, and jewels, there did not remain an hundred million. Theor. &c. c. 3. Campomanes, on the authority of a remonstrance from the community of merchants in Toledo to Philip III. relates, as a certain proof how scarce cash^had become, that persons who lent money received a third part of the sum which they advanced as interest and premium. Educ. Popul. i. 417. NOTE 190. The account of the mode in which the factors of the South-Sea Company conducted the trade in the fair of Porto-bello, which was opened to them by the Assiento, I have taken from Don Dion. Alcedo y Herrera, president of the court of audience in Quito, and governor of that province. Don Dio- nysio was a person of such respectable character for probity and discernment, that his testimony in any point would be of much weight ; but greater credit is due to it in this case, as he was an eye-witness of the transactions which he relates, and was often employed in detecting and authenticating the frauds which he describes. It is probable, however, that his representation, being composed at the commence- ment of the war which broke out between Great Britain and Spain, in the year 1739, may, in some instances, discover a portion of the acrimonious spi- rit natural at that juncture. His detail of facts is curious ; and even English authors confirm it in some degree, by admitting both that various frauds were practised in the transactions of the annual ship, and that the contraband trade from Jamaica and other British colonies was become enormously great. But for the credit of the English nation it may be observed that those fraudulent operations are not to be considered as deeds of the company, but as the dishonourable arts of their factors and agents. The company itself sustained a considerable loss by the Assiento trade. Many of its servants acquired immense fortunes. Anderson Chronol. deduct, ii. 388. NOTE 191. Several facts with respect to the in- stitution, the progress, and the effects of this company are curious, and but little known to English readers. Though the province of Venezuela, or Caraccas, extends four hundred miles along the coast, and is one of the most fertile in America ; it was so much neglected by the Spaniards, that during the twenty years prior to tho establishment of the company, only five ships sailed from Spain to that province ; and during sixteen years, from 1706 to 1722, not a single ship arrived from the Caraccas in Spain. Noticias de Real Campania de Caraccas, p. 28. During this period Spain must have been supplied almost entirely with a large quantity of cacao, which it consumes, by foreigners. Before the erection of the company, neither tobacco nor hides were im- ported from Caraccas into Spain. Ibid. p. 115 Since the commercial operations of the company begun in the year 1731, the importation of cacao into Spain has increased amazingly. During thirty years subsequent to 1701, the number of fanegaa of cacao (each a hundred and ten pounds), imported from Caraccas was 643,215. During eighteen years subsequent to 1731, the number offunegat imported was 869,247 ; and if we suppose the importation to be continued in the same proportion during the re- mainder of thirty years, it will amount to 1,448,746 278 THE HISTORY OF AMERICA. s, which is an increase of 805,531 fanegas. Id. p. 148. During eight years subsequent to 1756, there have been imported into Spain by the company 88,482 arrobas (each twenty -five pounds) of tobacco; and hides to the number of 177,354. Id. 161. Since the publication of the Noticias de Campania in 1765 its trade seems to be on the increase. During five years subsequent ttf 1769, it has imported 179,156 fancy as of cacao into Spain, 36,208 arrobas of to- bacco, 75,496 hides, and 221,432 pesos in specie. Campomanes, ii. 162. The last article is a proof of the growing wealth of the colony. It receives cash from Mexico in return for the cacao, with which it supplies that province, and this it remits to Spain, or lays out in purchasing European goods. But be- sides this the most explicit evidence is produced, that the quantity of cacao raised in the province is double to what it yielded in 1731; the number of its live stock is more than treble, and its inhabitants much augmented. The revenue of the bishop, which arises wholly from tithes, has increased from eight to twenty thousand pesos. Noticias, p. 69. In con- sequence of the augmentation of the quantity of cacao imported into Spain its price has decreased from eighty pesos for the fan eg a to forty. Id. 61. Since the publication of the first edition I have learned that Guyana, including all the extensive provinces situated on the banks of the Orinoco, the islands of Trinidad and Margarita, are added to the countries with which the company of Caraccas had liberty of trading by their former charters. Real Cedula, Nov. 19, 1776. But I have likewise been informed that the institution of this company has not. been attended with all the beneficial effects which I have ascribed to it. In many of its opera- tions the illiberal and oppressive spirit of monopoly is still conspicuous. But in order to explain tiiis it would be necessary to enter into minute details which are not suited to the nature of this work. NOTE 192. This first experiment made by Spain of opening a free trade with any of her colonies, has produced effects so remarkable as to merit some fur- ther illustration. The towns to which this liberty has been granted are Cadiz and Seville, for the pro- vince of Andalusia; Alicant and Carthagena, for Valencia and Murcia ; Barcelona, for Catalonia and Arragon ; Santander, for Castile ; Corugna, for Ga- licia ; and Gijon, for Asturias. Append, ii. a la Educ. Popul. p. 41. These are either the ports of chief trade in their respective districts, or those most conveniently situated for the exportation of their respective productions. The following facts give a view of the increase of trade in the settlements to which the new regulations extend. Prior to the allowance of free trade, the duties collected in the custom-house at the Havannah were computed to be 104,208 pesos annually. During the five years pre- ceding 1774, they rose at a medium to 308,000 pesos a year. In Yucatan the duties have risen from 8000 to 15,000. In Hispaniola from 2500 to 5600. In Porto Rico from 1200 to 7000. The total value of goods imported from Cuba into Spain was reckoned in 1774 to be 1,500,000 pesos. Educ. Popul. i. 450, & c . NOTE 193. The two treatises of Don Pedro Ro- driguez Campomanes, Fiscal del real consejo y Su- premo (an office in rank and power nearly similar to that of Attorney-General in England), and director of the royal academy of history, the one entitled, Dis- curso sobre el Fomento dn la Industria Popular ; the other, Discurso sobre la Education Popular de los Artcsanos y su Fomcnto ; the fonncr published in 1774, and the latter in 1775, afford a striking proof of this. Almost every point of importance with re- spect to interior police, taxation, agriculture, manu- factures, and trade, domestic as well as foreign, is examined in the course of these works ; and there are not many authors, even in the nations most eminent for commercial knowledge, who have carried on their inquiries with a more thorough knowledge of those various subjects, and a more perfect freedom from vulgar and national prejudices, or who have united more happily the calm researches of philosophy with the ardent zeal of a public-spirited citizen. These books are in high estimation among the Spaniards ; and it is a decisive evidence of the progress of their own ideas that they are capable of relishing an au- thor whose sentiments are so liberal. NOTE 194. The galeon employed in that trade, instead of the six hundred tons to'which it is limited by law, Recop. lib. xlv. 1, 15, is commonly from twelve hundred to two thousand tons burden. The ship from Acapulco, taken by Lord Anson, instead of the 500,000 pesos permitted by law, had on board 1,313,843 pesos, besides uncoined silver equal in value to 43,611 pesdft more. Anson's Voy. 381. NOTE 195. The price paid for the bull varies according to the rank of different persons. Those in the lowest order, who are servants or slaves, pay- two reals of plate, or one shilling; other Spaniards pay eight reals, and those in public office, or who hold encomiendas, sixteen reals. Solorz. de Jure Ind. vol. ii. lib. iii. c. 25. According to Chilton, an English merchant who resided long in the Spanish settlements, the bull of Cruzado bore a higher price in the year 1570. being then sold for four reals at the lowest. Hakluyt, iii. 461. The price seems to have varied at different periods. That exacted for the bulls issued in the last Predicari-jn will appear from the ensuing table, which will give some idea of the proportional numbers of the different classes of citizens in New Spain and Peru : There wore issued for New Spain Bulls at 10 pesos each : : : 4 at 2 pi-sos each : : : 22,601 at 1 peso each : : : 164.220 at 2 reals each : : : 2,462,500 For Peru at 16 pesos 4-|- reals each at 3 pesos 3 reals each at 1 peso 5 reals at 4 reals " : : at 3 reals : : 2,649,325 : 3 14,202 78,822 410,325 668,601 1,171,953 NOTE 196. As Villa Segnor, to whom we are in- debted for this information contained in his Teatro Americano, published in Mexico, A. D. 1746, was accomptant-general in one of the most considerable departments of the royal revenue, and by that means had access to proper information, his testimony with respect to this point merits great credit. No such accurate detail of the Spanish revenues in any part of America has hitherto been published in the Eng- lish language ; and the particulars of it may appeav curious and interesting to some of my readers : Peso?. From the bull of Cru/ado, published every two year?, there arises an annual revenue in pesos '::::. 150,000 THE HISTORY OF AMERICA, 279 Brought forward From the duty on silver From the duty on gold From tax on cards : From tax oa Pulque, a drink used by Indians From tax on stamped paper From ditto on ice : From ditto on leather From ditto on gunpowder From ditto on salt From ditto on copper of Mcchochan From ditto on alum From ditto on Juego de los gallos From the half of ecclesiastical annats From royal ninths of bishoprics, &c. From the tribute of Indians : From Alcavala, or duty on sale of goods From the Almajorifasgo, custom-house From the mint ; the Pesos. 150,000 700,000 60,000 70,000 161,000 41,000 15,522 2,500 71,550 32,000 1,000 6,500 21,100 49,000 68,800 650,000 721,875 373,333 357,500 5,552,680 This sum amounts to 819,1612. sterling ; and if we add to it the profit accruing from the sale of 5,000 quintals of quicksilver, imported from the mines of Almaden, in Spain, on the king's account, and what accrues from the Averia, and some other taxs which Villa Segnor does not estimate, the public revenue in New Spain may well be reckoned above a million pounds sterling money. Teat. Mex. vol. i. p. 38, c. According to Villa Segnor the total produce of the Mexican mines amounts at a medium to eight millions of pesos in silver annually, and to 5912 marks of gold. Id. p. 44. Several branches of the revenue have been explained in the course of the history ; some which there was no occasion of men tioning, require a particular illustration. The right to the tithes in the New World is vested in the crown of Spain by a bull of Alexander VI. Charles V. appointed them to be applied in the following manner : one fourth is allotted to the bishop of the diocese, another fourth to the dean and chapter, and other officers of the cathedral. The remaining half is divided into nine equal parts. Two of these, un- der the denomination of los dos Novenos reales, are paid to the crown, and constitute a branch of the royal revenue. The other seven parts are applied to the maintenance of the parochial clergy, the building and support of churches, and other pious uses. Recop. lib. i. tit. xvi Ley, 23, &c. Avendano Thesaur. Indie, vol. i. p 184. The Alcavala is a duty levied by an excise on the sale of goods. In Spain it amounts to ten per cent. In America to four per cent. Solorzano, Polit. In- diana, lib. vi. c. 8. Avendano, vol. i 186. The Almajorifasco, or custom paid in America on goods imported and exported, may amount on an average to fifteen per cent. Recopil. lib. viii. tit. xiv. Ley, 1. Avendano, vol. i. 188. The Averia, or tax paid on account of convoys to guard the ships sailing to and from America, was first imposed when Sir Francis Drake filled the New World with terror by his expedition to the South Sea, It amounts to two per cent, on the value of goods. Avendano, vol. i. p. 189. Recopil. lib. ix. tit ix. Ley, 43, 44, I have not been able to procure any accurate de- tail of the several branches of revenue in Peru later than the year 1614. From a curious manu- script containing a state of that viceroyalty in all its departments, presented to the Marquis of Monies- Clares by Fran. Lopez Caravantes, accomptant-ge- neral in the tribunal of Lima, it appears that the public revenue, as nearly as I can compute the va- lue of money in which Caravantes states his accounts, amounted in ducats at 4s. lid. to : 2,372,768 Expenses of government . . 1,242,992 Net free revenue 1,129,776 The total in sterling money Expenses of government Net free revenue 583,303 305,568 277,735 But several articles appear to be omitted in this computation, such as the duty on stamped paper, leather, ecclesiastical annats, &c., so that the revenue of Peru may be well supposed equal to that of Mexico. In computing the expense of government in New Spain, I may take that of Peru as a standard. There the annual establishment for defraying the charge of administration exceeds one half of the revenue collected, and there is no reason for suppos- ing it to be less in New Spain. I have obtained a calculation of the total amount of the public revenue of Spain from America and the Philippines, which, as the reader will perceive from the two last articles, is more recent than any of the former. Alcavalas (excise) and Aduanas (customs), &c., in pesos fuertes Duties on gold and silver Bull of Cruzado : Tribute of the Indians By sale of quicksilver Paper exported on the king's account, and. sold in the royal warehouses 2,500,000 3,000,POO 1,000,000 2,000,000 300,000 300,000 Stamped paper, tobacco, and other small duties : : : : : 1,000,000 Duty on coinage of, at the rate of one real de la Plata for each mark : : 300,000 From the trade of Acapulco, and the coast- ing trade from province to province 500,000 Assiento of negroes : : : 200,000 From the trade of Mathe, or herb of Para- guay, formerly monopolized by the Jesuits : : : : : 500,000 From other revenues formerly belonging to that order : : : : : 400,000 Total 12,000,000 Total in sterling money 2,700,000 Deduct half as the expense of administra- tion, and there remains net free re- venue : : : : 1,350,000 NOTE 197. An author long conversant in com- mercial speculation has computed, that from the mines of New Spain alone the king receives an- nually, as his fifth, the sum of two millions of our money. Harris, Collect, of Voy. ii. p. 164. Ac- cording to this calculation the total produce of the 280 THE HISTORY OF AMERICA. mines must be ten millions sterling ; a sum so exor- bitant, and so little corresponding with all accounts of the annual importation from America, that the information on which it is founded must evidently be erroneous. According to Compomanes the total product of the American mines may be computed at thirty millions of pesos, which, at 4s. 6d. a peso, amounts to 7,425,000/. sterling, the king's fifth of which (if that were regularly paid) would be 1,485,OOOZ. But from this sum must be deducted what is lost by a fraudulent withholding of the fifth due to the crown, as well as the sum necessary for defraying the expense of administration. Educ. Popular, vol. ii. p. 131, note. Both these sums are considerable. NOTE 198. According to Bern, de Ulloa, all foreign goods exported from Spain to America pay duties of various kinds, amounting in all to mor* than 25 per cent. As most of the goods with which Spain supplies her colonies are foreign, such a tax upon a trade so extensive must yield a considerable revenue. Retablis. de Manuf. & du Commerce d'Esp. p. 150. He computes the value of goods exported annually from Spain to America to be about two millions and a half sterling. P. 97. NOTE 199. The Marquis de Serralvo, according to Gage, by a monopoly of salt, and by embarking deeply in the Manilla trade, as well as in that to Spain, gained annually a million of ducats. In one year he remitted a million of ducats to Spain, in order to purchase from the Conde Olivares, and his creatures, a prolongation of his government, p. 61. He was successful in his suit, and continued in office from 1624 to 1635, double the usual time. END or ROBERTSON'S HISTORY OF AMERICA HISTORY OP THE UNITED STATES OF NORTH AMERICA, COMPILED FROM AMERICAN AND OTHER SOURCES. LIBRARY | EDITION or BDCCATION.CSE.JSTANDARD AND WORKS JEMTKRTAINMENT I Native & Foroig,, LONDON: PRINTED, STEREOTYPED, AND PUBLISHED BY MAYHEW, ISAAC, AND CO., 14, HENRIETTA STREET, COVENT GARDEN. 1834. PREFACE. IN conformity with the plan of the NATIONAL LIBRARY, the present HISTORY OP THE UNITED STATES is a careful Compilation from the Standard Authors on the subject ; and it will be sufficient to say, that it contains all that is valuable in the following Works, corrected by reference to later documents : Hutchinson's History of Massachusetts Bay Belknap's History of New Hampshire Smith's Histories of New York and of New Jersey Trumbull's Civil and Ecclesiasti- cal History of Connecticut Proud's History of Pennsylvania Franklin's Historical Review of Pennsylvania Jefferson's Virginia Hewett's History of Carolina and Georgia Ramsay's Revolutions of South Carolina The Universal History Winter- botham's Account of the United States Warden's Ditto Willard's History of the Same Botta's War of the Independence Pitkin's History of the States Holmes's Annals Marshall's Life of Washington The Encyclopaedias Rich's View of the United States Stewart's Travels. The account of the first colonizing of New England and of Virginia is not repeated in this Volume, as Robertson's fragments on the subject will be found appended to his History of (Spanish) America. This latter Work having been considered as the first part of the present (in relation to the whole of America), the pageing has been carried on, it having been intended to bind up the whole together. In consequence, however, of a very general request on the part of those Persons who already possess Robertson, this portion of the History of the United States is given separately ; thus affording to Purchasers the option of taking either or both Works. In the compilation, the Editor has been careful to select authentic matter ; but has otherwise presumed to do little more than occasionally retrench redundancies, and cor- rect matters of fact by reference to later productions. The materials were ample, but have never before been collected ; and the Volume may claim attention as comprising the main body of Works which all who desire information relative to this great and rising country, must possess, and which yet cannot be had without the outlay of many pounds. He hopes it will therefore be acceptable to Readers on both sides of the Atlantic ; especially as it is the only existing Work which fully and connectedly developes the rise, progress, and completion of a government which may be termed a phenomenon in political history. a 2 CONTENTS. MASSACHUSETTS. From the arrival of Governor Dudley, in 1702, to the arrival of Governor Shute, in 1716 Page 291 From the arrival of Governor Shute, in 1716, to the arrival of Governor Belcher, in 1730 . 311 From the arrival of Governor Belcher, in 1730, to the reimbursement of the charge of the expedition against Cape Breton, and the abolition of paper money, 1749 . 352 From the close of the war with France, to the end of Governor Pownall's administration, in the year 1760 . . 372 From the arrival of Governor Bernard, August 2nd, 1760, to the commencement of the revolution 392 NEW HAMPSHIRE. The grants to Mason and others. Beginning of the settlements at Portsmouth and Dover. Wheel- right's Indian purchase. Neal's adventures. Dis- couragements. Dissolution of the Council. Causes of the failure of his enterprise . 398 Troubles at Dover. Settlements of Exeter and Hamp- ton. Huin of Mason's interest. Story of Under- bill. Combinations at Portsmouth and Dover. Union of New Hampshire with Massachusetts 402 Observations on the principles and conduct of the first planters of New England. Causes of their removal. Their fortitude. Religious sentiments. Care of their posterity. Justice. Laws. The- ocratic prejudices. Intolerance and persecu- tions . . . 4Q6 Mode of government under Massachusetts. Mason's efforts to recover the property of his ancestor. Transactions of the King's commissioners. Op- position to them. Political principles. Internal transactions. Mason discouraged . 412 Remarks on the temper and manners of the Indians. The first general war with them, called Philip's war ... 415 Mason's renewed efforts. Randolph's mission and transactions. Attempts for the trial of Mason's title. New Hampshire separated from Massa- chusetts, and made a royal province. Abstract of the commission. Rema'rks on it . 423 The administration of Cranfield. Violent measures. Insurrection, trial, and imprisonment of Gove. Mason's suits. Vaughan's imprisonment. Pro- secution of Moody and his imprisonment. Arbi- trary proceedings. Complaints. Tumults. Weare's agency in England. Cranfield's removal. Bare- foote's administration . Page 427 The administration of Dudley as president, and An- drosse as governor of New England. Mason's farther attempt. His disappointment and death. Revolution in England. Sale to Allen. His commission for the government . 433 The war with the French and Indians, commonly called King William's war . 435 The civil affairs of the province during the adminis- trations of Usher, Partridge, Allen, the earl of Bellamont, and Dudley comprehending the con- troversy with Allen and his heirs . 443 The war with the French and Indians, called Queen Anne's war. Conclusion of Dudley's and Usher's administration . 450 The administration of Governor Sbute, and his lieu, tenants, Vaughan and Wentworth . 455 The fourth Indian war, commonly called the three years' war, or Lovewell's war . 460 Wentworth's administration continued. Burnet's short administration. Belcher succeeds him. Wentworth's death and character . 467 Dunbar's lieutenancy and enmity to Belcher. Ef- forts to settle the boundary lines. Divisions. Riot. Trade. Episcopal church. Throat dis- temper . 469 State of parties. Controversy about lines. Com- missioners appointed. Their session and result. Appeals. Complaints . 473 Revival of Mason's claim. Accusations against Bel- cher, real and forged. Royal censure. Final es- tablishment of the lines. Hutchinson's agency. I Spanish war. Belcher's zeal and fidelity. His removal. Examination of his character . 4/8 The beginning of Benning Wentworth's administra- tion. War opened in Nova Scotia. Expedition to cape Breton ; its plan, conduct, and success, with a description of the island, and of the city of Louisbourg . . 482 Projected expedition to Canada. Alarm by the French fleet. State of the frontiers. Peace 489 Purchase of Mason's claim. Controversy about re- presentation. Plan of extending the settlements. Jealousy and resentment of the savages . 494 CONTENTS. The last French and Indian war, which terminated in , the conquest of Canada. Controversy concerning the land westward of Connecticut river Page 498 NEW YORK. From the discovery of the colony to the surrender in 1664 504 From the surrender in 1664, to the settlement at the English revolution of 1688 511 From the revolution to the second expedition against Canada . . 526 From the Canada expedition, in 1709, to the arrival of Governor Burnet . 542 From the year 1720 to the commencement of the ad- ministration of Colonel Cosby . 551 NEW JERSEY. First settlers. Acquirement by the English. Lord Berkeley and Sir George Carteret proprietors. Purchase of Elizabeth Town, and settlement of Newark, Middletown, and Shrewsbury. Philip Carteret governor. Purchases from the Indians. Captain Berry deputy governor. Currency. Sir George Carteret's additional instructions . 562 Major Andross appointed governor at New York. Takes possession at Delaware. Arrival of the first English settlers to West Jersey, under the Duke of York's title. Lord Berkeley assigns his moiety of New Jersey to Byllinge, and he in trust to others. Their letter and first commission. New Jersey divided into the provinces, East and West Jersey ; and the declaration of the West Jersey proprietors . . . 563 Arrival of more settlers to West Jersey. Their dif- ficulties. Their purchases from the Indians. They lay out a town. Some of their first sentiments of the country, and an account of the Duke of York's two last grants, being for the provinces East and West New Jersey, separately . 567 Letters from some of the settlers of West Jersey, and arguments against the customs imposed at the Hoar Kill by the governor of New York . 570 The first form of government in West Jersey, under the proprietors. The first laws they made. The regulation relative to the partitioning of land 574 Another ship arrives at West Jersey. Proceedings of the general assembly of West Jersey. Sir George Carteret's death. Conveyance to the twelve eastern proprietors. Their proposals and regulations in several respects; particularly in disposing of lands and building a town at Ambo point. The twelve proprietors each take a partner, and thence are called the twenty-four ; to whom the Duke of York makes a third and last grant. The twenty-four establish the council of proprietors of East Jersey on the footing it now is. A gene- ral view of the improvements in East Jersey, in 1682. A compendium of some of the first laws passed at Elizabeth-town. Doubts started whether the government of West Jersey was granted with the soil. Jenings continued governor of West Jersey ; and laws passed there . Page 57G Robert Barclay appointed governor of East Jersey, and T. Rudyard, deputy. Letters from Rudyard and others concerned in that settlement . 580 Manner of the West Jersey government in 1684. Their unsettled state, and succession of governors. Danger of suffering for want of food in 1687. The division line run by G. Keith ; and agreement between the governors Coxe and Barclay. Al- teration in the manner of locating lands in West Jersey. No person in West Jersey to purchase from the Indians without the consent of the coun- cil of proprietors; and instructions respecting deeds and warrants for taking up lands . 584 A flood at Delaware falls. Death and character of Thomas Olive. Commotions in East and West Jersey. Surrender of the two governments to Queen Anne. Her acceptance, and commission to Lord Cornbury. . . 587 Instructions from Queen Anne to Lord Cornbury 590 Lord Cornbury convenes the first general assembly after the surrender. His speech, their address, and other proceedings. Queen Anne's proclama- tion for ascertaining the rates of coin. Lord Corn- bury dissolves the assembly, and convenes a new one. Its proceedings and dissolution. A sum- mary of the establishment and practice of the council of proprietors of West Jersey. Another assembly called . . 598 Lord Cornbury's answer to the assembly's remon- strance . , . 604 The assembly's reply to Lord Cornbury's answer to their remonstrance . . 608 Memorial of the West Jersey proprietors, residing in England, to the lords commissioners for trade and plantations. The lieutenant-governor, with some of the council, address the queen. The last meeting of assembly under Cornbury's adminis- tration. They continue their complaints. Samuel Jenings, death and character . 615 Lord Lovelace arrives as governor. His death ; is succeeded by the Lieutenant-governor Isgoldsby. Arrival of Governor Hunter. The aid for the ex- pedition to Canada. A new assembly chosen 620 Representation of the assembly to Governor Hun- ter; and his answer . . 623 A session of general assembly. A second expedi- tion to Canada. Meeting of a new assembly. Last session in Hunter's time. An act passed for running the division line between East and West Jersey. William Burnet arrives as governor. Is succeeded by John Montgomerie, Esq. Lewis Morris appointed governor, separate from New York. Affairs until the revolution . 629 CONNECTICUT. The patent of Connecticut. The discovery of Con- necticut river. Description of other rivers. Ply- CONTENTS. mouth and Dutch houses. Prospects of trade upon the riter . Page 635 The state of the country of Connecticut when the settlement of the colony commenced. Its trees and fruits. Its animals. Number, situation, ge- nius, manners, arms, utensils, and wars of the In- dians . . . 638 The people at Dorchester, Watertown, and New- town, finding themselves straitened in the Massa- chusetts, determine to remove to Connecticut. De- bates in Massachusetts relative to their removal. The general court at first prohibits it, but after- wards give its consent. The people remove and settle the towns of Windsor, Hartford, and Wea- thersfield. Hardships and losses of the first win- ters . . 644 The war with the Pequots. Their defeat. A second expedition against them conjointly with Massa- chusetts. The great swamp fight. The Pequots subdued. The survivors incorporated with the Moheagans and Narragansets, and their name ex- tinguished . . . 648 Effects of the war. Great scarcity. Settlement of New Haven. Plantation covenant. Means for the defence of the colony. Captain Mason made major-general. Civil constitution of Connecticut, formed by voluntary compact. First general elec- tion at Connecticut. Governors and magistrates. General rights of the people, and principal laws of the colony. Constitution and laws of New Haven. Purchase and settlement of several towns in Connecticut and New Haven . 650 The progress of purchase, settlement, and law, in the colonies of Connecticut and New Haven. The effect of the conquest of the Pequots on the na- tives, and the manner in which they were treated. Purchases of them. Towns settled. Divisions at Weathersfield occasion the settlement of Stam- ford. Contests with the Dutch and Indians. Capital laws of Connecticut. The confederation of the united colonies. Further contests with the Indians. Precautions of the colonies to pre- vent war. The Dutch apply to New Haven for assistance . . . 658 Public fasts appointed. Indians continue hostile, and commit murder. Acts of the commissioners respect- ing them. Branford settled. Towns in Connecticut. Message of the commissioners to theNarragansets. Their agreement respecting Uncas. Long Island Indians taken under the protection of the United Colonies. Massachusetts claims part of the Pe- quot country and Waranoke. Determination of the commissioners respecting said claim. Agree- ment with Mr. Fenwick relative to Saybrook fort and the adjacent country,, Fortifications advanced. Extraordinary meeting of the commissioners to suppress the outrages of the Narragansets. War proclaimed and troops sent against them. They treat and prevent war. Fail-field objects to a jury of six. Controversy with the Dutch. The In- dians plot against the life of Governor Hopkins and other principal gentlemen at Hartford. Da- mages at Windsor. Battle between the Dutch and Indians. Losses of New Haven. Dispute with Massachusetts relative to the impost at Say- brook. Mr. Winthrop's claim of the Nehantic country. Settlement of accounts between the co- lonies . . Page 666 Settlement of New London. Salaries first granted to civil officers. Troubles with the Narraganset Indians. Rhode Island petitions to be united with the colonies in confederation. The Massachusetts resume the affair of the impost. Mr. Westerhouse complains of the seizure of his vessel by the Dutch, in the harbour of New Haven. Murders com- mitted by the Indians ; resolutions respecting the murderers. Body of laws compiled. Debates re- lative to the settlement of Delaware. The Pe- quots revolt from Uncas, and petition the English. Resolution respecting them. Mr. Westerhouse petitions to make reprisals from the Dutch. Let- ter to the Dutch governor. Further altercations respecting the impost. Final issue of that affair. The conduct of the Massachusetts upon its de- cision, and the declaration of the commissioners respecting it. Their treatment of Connecticut respecting the line between the colonies. The court of Connecticut determine to avenge the death of John Whitmore . 676 Court of election at Hartford. Grants to Captain Mason. Message to Ninigrate. The line is fixed between the English and Dutoh plantations. Agree- ments with Mr. Fenwick occasion general uneasi- ness. An act for the encouragement of seeking and improving mines. Norwalk and Mattabeseck settled. The colony of New Haven make another attempt to settle at Delaware. The Dutch go- vernor seizes the company, and frustrates the de- sign. French commissioners from Canada. War determined with the Dutch and Indians. Massa- chusetts prevents it. Alarm and distress of the plantations. Appeal to Cromwell and the parlia- ment for assistance. The tumultuous state of the settlements ... 681 The death and character of Governor Haynes. The freemen of Connecticut meet, and appoint a mo- derator. Mr. Ludlow removes to Virgfciia. The spirited conduct of the people at Milford in recover- ing Manning's vessel. The freemen add to the fundamental articles. Fleet arrives at Boston for the reduction of the Dutch. The colonies agree to raise men to assist the armament fromEn gland. Peace prevents the expedition. The general court at New Haven charge the Massachusetts with a breach of the confederation. They refuse to join in a war against Ninigrate, and oblige Connec- ticut and New Haven to provide for the defence of themselves and their allies. Ninigrate con- tinuing his hostile measures, the commissioners send messengers to him. His answer to them. They declare war, and send an army against him. The art of Massachusetts, and the deceit of Major Willard, defeat the designed expedition. The number of rateable polls, and the amount of the list of Connecticut. The Pequots are taken under their protection. Ninigrate persisting in his hostilities against the Indians upon Long Island, the general court adopt measures for the defence of the Indians and the English inhabi- tants there. New Haven complete and print their laws. The answer of New Haven to the protector's invitation, that they would remove to Jamaica. Reply of the commissioners to the Dutch governor. Uncas embroils the country. Deaths and characters of Governors Eaton and viii CONTENTS. Hopkins. Settlement of Stonington. Mr. Win- throp chosen governor. The third fundamental article is altered by the freemen. Mr. Fitch and his church and people remove to Norwich. Final settlement of accounts with the heirs of Mr. Fen- wick. Deputy-governor Mason resigns the Mo- heagan lands to the colony . Page 691 The general court of Connecticut declare their loy- alty and submission to Charles II. ; determine to address his majesty, and apply for charter privi- leges. Governor Winthrop is appointed the co- lony's agent. Regicides condemned. Whalley and Goffe arrive at Boston. The king proclaimed. Governor Winthrop obtains the charter of Con- necticut. First governor and council under the charter. Representation of the constitution it or- dains, and the privileges it conveys. Difficulties of the colony of New Haven. Charter of Con- necticut arrives. Proceedings of Connecticut in consequence of the charter. They extend their jurisdiction to all places within the limits of their patent, and challenge New Haven colony, as under their jurisdiction. Controversy between the two colonies. Settlement of Killingworth. Patent of the Duke of York. Colonel Nichols and commissioners arrive, reduce all the Dutch settlements. Their extraordinary powers. Im- portant crisis of Connecticut. Boundaries be- tween Connecticut and New York. Union of Connecticut and New Haven. . 698 A view of the churches of Connecticut and New Haven. Ecclesiastical laws. Care to diffuse general knowledge ; its happy influence. At- tempts to found a college at New Haven. No sectaries in Connecticut nor New Haven until after the union. Deaths and characters of se- veral of the first ministers. Dissensions in the church. Laws against the Quakers. A synod proposed and convened. Dissensions continued at Hartford and at Weathersfield. Settlement o: Hadley. Synod at Boston 709 Conduct of the king's commissioners. Counties anc county courts regulated. Governor Winthrop's estate freed from taxation. Towns settled. Con- troversy with Rhode Island. The grounds of it, Courts appointed in the Narraganset country Laws revised and printed. War with the Dutch, Claims and conduct of Major Edmund Andross, Governor of New York. Protest against him, Conduct of Captain Thomas Bull. Proclamation respecting the insult received from Major Andross Philip's war. Captains Hutchinson and Lothroj surprised and slain. Treachery of the Springfiel Indians. Hadley attacked by the enemy. The assembly make provision for the defence of Con necticut. Expedition against the Narraganse Indians. The reasons of it. The great swamj fight. Loss of men. Courage exhibited, anc hardships endured. Captain Pierce and his party cut off. Nanunttenoo taken. Success of Cap tains Denison and Avery. Captain Wadsworth and his party slain. Death and character of Go- vernor Winthrop. Success of Major Talcott Attack upon Hadley. The enemy beaten anc begin to scatter. They are pursued to Housato nick. Sachem of Quabaug and Philip killed Number of the enemy before fehe war. Their dc rtruction. Loss of the colonies. Connection happy in preserving its own towns and assisting its neighbours. . . Page 720 Measures adopted to discharge the public debt, and settle the country in peace. The reasons of the colonies claim to Narraganset. The former set- tlers and owners of land there apply to Connecti- cut for protection. Major Treat goes to the upper towns upon Connecticut river, to treat with the Indians. Fasts appointed through New England. Act concerning the conquered lands in Narra- ganset. Navigation act grievous to the colonies. Governor Leet takes the oath respecting trade and navigation. Answers to queries from the lords of trade and plantations. Protest against Sir Edmund Andross's claim to Fisher's Island. Character of Governor Leet. Commissioners ap- pointed by his majesty to examine and make re- port concerning all claims to the Narraganset country, or king's province. They report in fa- vour of Connecticut. Answers to the renewed claim of the Duke of Hamilton, and opinions on the case. Connecticut congratulates the arrival of Colonel Dungan, governor of New York, and agrees with him respecting the boundary line be- tween that colony and Connecticut. Petition to King James II. Settlement of Waterbury. Quo warrantos against the colony. The assembly pe- tition his majesty to continue their charter privi- leges. Sir Edmund Andross made governor of New England. Arrives at Hartford, and takes the government, by order of his majesty. The oppression and cruelty of his administration 730 Revolution in New England. Connecticut resumes its government. Address to King William. Troops raised for the defence of the eastern set- tlements in New Hampshire and the province of Maine. French and Indian war. Schenectady destroyed. Connecticut dispatch a reinforcement to Albany. Expedition against Canada. The land army retreats, and the enterprise proves un- successful. Leisler's abuse of Major-general Winthrop. The assembly of Connecticut approve the general's conduct. Thanks are returned to Mr. Mather, Agent Whiting, and Mr. Porter. Opinions respecting the charter, and the legality of Connecticut's assuming its government. Windham settled. The Mohawk castles are sur- prised, and the country alarmed. Connecticut sends troops to Albany. Colonel Fletcher, gover- nor of New York, demands the command of the militia of Connecticut. The colony petition King William on the subject. Colonel Fletcher comes to Hartford, and, in person, demands that the legislature submit the militia to his command ; but they refuse. Captain Wadsworth prevents the reading of his commission, and the colonel deems it expedient to leave the colony. The case of Connecticut relative to the militia stated. His majesty determines in favour of the colony. Com- mittees are appointed to settle the boundary line between Connecticut and Massachusetts. Ge- neral Winthrop returns, and receives public thanks. Congratulation of the earl of Bellamont, appointed governor of New York and Massachu- setts. Dispute with Rhode Island continues. Committee to settle the boundaries. Expenses of the war. Peace . . 737 General Winthrop is elected governor. The as- sembly divide an.d form into two houses. Purchase CONTENTS. and settlement of several towns. The boundary line between Connecticut and New York surveyed and fixed. Attempts for running and establish- ing the line between Massachusetts and Connecti- cut. Owaneco and the Moheagans claim Col- chester and other tracts in the colony. Attempts to compose all differences with them. Grant to the volunteers. The assembly enacts, that the session in October shall for the future be in New Haven. An act enlarging the boundaries of New London, and acts relative to towns and patents. Measures adopted for the defence of the colony. Appointment of king's attorneys. Attempts to despoil Connecticut of its charter. Bill for re- uniting the charter governments to the crown. Sir Henry Ashurst petitions against, and prevents the passing of the bill. Governor Dudley, Lord Cornbury, and other enemies conspire against the colony. They exhibit grievous complaints against it. Sir Henry Ashurst defends the colony, and defeats their attempts. Quakers petition. Mohe- agan case. Survey and bounds of the pretended Moheagan country. Dudley's court at Stoning- ton. The colony protest against it. Dudley's treatment of the colony. Judgment against it. Petition to her majesty on the subject. New com- missions are granted. Act in favour of the clergy. State of the colony . . Page 743 The country is alarmed. Means of defence. New townships granted and settled. The Rev. Gurdon Saltonstall chosen governor. Act empowering the freemen to choose the governor from among themselves ?t large. Acts relative to the settle- ment of the boundary line with Massachusetts. Garrisons erected in the towns on the frontiers. Expedition against Canada. First emission of paper money. Address to her majesty. Loss of the colony at Wood Creek. Expedition against Port Royal. Acts respecting the superior court. Settlement of the boundary line between Mas- sachusetts and Connecticut. Return of peace. Towns settled under Massachusetts. State of the colony. . . . 754 Ecclesiastical Affairs of Connecticut, from 1666 to 1714. The general assembly appoint a synod to determine points of religious controversy. The mi- nisters decline meeting under the name of a synod. The assembly alter the name, and require them to meet as a general assembly of the ministers and churches of Connecticut. Seventeen questions were proposed to the assembly to be discussed and answered. The assembly of ministers and churches meet and discuss the questions. The legislature declare that they had not been decided, and give intimations that they did not desire that the mi- nisters and churches of Connecticut should report their opinion upon them. They express their de- sires of a larger council from Massachusetts and New Plymouth. The Rev. Mr. Davenport re- moves to Boston. Dissension at Windsor. Mr. Bulkley and Mr. Fitch are appointed by the as- sembly to devise some way in which the churches might walk together, notwithstanding their dif- ferent opinions relative to the subjects of baptism, church communion, and the mode of church dis- cipline. The church at Hartford divides, and Mr. Whiting and his adherents are allowed to practise upon congregational principles. The church at Stratford allowed to divide, and hold distinct meetings. Mr. Walker and his hearers, upon advice, remove and settle the town of Wood- bury. Deaths and characters of the Rev. Messrs. John Davenport and John Warham. General attempts for a reformation of manners. Religious state of the colony in 1680. Attempts for the instruction and christianizing of the Indians in. Connecticut. Act of the legislature respecting Windsor. The people there required peaceably to settle and support Mr. Mather. Owning or subscribing the covenant introduced at Hartford. College founded, and trustees incorporated. Wor- ship according to the mode of the church of Eng- land performed, in this colony, first at Stratford. Episcopal church gathered there. Act of as- sembly requiring the ministers and churches of Connecticut to meet and form a religious consti- tution. They meet and compile the Saybrook Platform. Articles of discipline. Act of the le- gislature adopting the Platform. Associations; consociations. General association. Its recom- mendations relative to the examination of candi- dates for the ministry, and of pastors elect pre- vious to their ordination. Ministers, churches, and Ecclesiastical Societies in Connecticut, in 1713 Page 759 RHODE ISLAND AND PROVIDENCE. Origin of the colony. Roger Williams. His views. William Coddington and his companions seek the colony. Rhode Island refuses to submit to the jurisdiction of Plymouth. Government established, and code of laws. Charter granted by Charles II. Internal state of the colony. Government. Laws. Towns. Produce. Exports. Religion. Literature, &c. . . 772 PENNSYLVANIA AND DELAWARE. Introduction. Biography of Penn . 781 William Penn's chief design in the colonization of Pennsylvania. Cause and manner of obtaining the grant. King Charles II.'s royal charter to William Penn. Boundary between Maryland and Pennsylvania, with the real extent of the latter. The king's declaration. Account of the province, terms of sale for land, andconditions of settlement published, with advice to the adven- turers. Free society of traders, &c. 787 Conditions, or concessions published. Sailing of the first ship for Pennsylvania. Joseph Kirk- bride, &c. The proprietor's manner of treating the Indians. His letter to them. First frame of government and laws published. Part of the pre- face to the same. Purport of the frame, and one of the laws. Duke of York's deed of release to William Penn. The territories obtained, &c. Boundary between the territories and Mary- land ... 793 Penn sails for Pennsylvania. Writes a valedictory epistle to his friends in England. Arrives in the Delaware. His reception in the country. Holds an assembly at Upland (Chester). Passes an act of union between the province and territory. Naturalizes the foreigners. Passes the laws agreed on in England, in form. Preamble to said laws with their titles. He visits New York and Maryland ; and treats with the Lord Baltimore, respecting the boundaries. Extracts from two of CONTENTS. his letters, respecting his employment in the country, and in vindication of himself from some undue reflections. The proprietor purchases lands of the Indians, and treats them with great justice and kindness . . Page 795 Arrivals of colonists in the first year, and early times, with their general character. Some of their set- tlements, and rapid improvements. Their diffi- culties and hardships. Part of the planter's speech to his neighbours and countrymen. Richard Townsend's testimony respecting the prosperity of Pennsylvania from the first settlement of it, for above 40 years . 798 Foundation of the city of Philadelphia. Province and territory divided into counties. First general assembly at Philadelphia in 1683. Proceedings of the assembly. Second charter, or frame of government. A seal for each county ; the first sheriffs. First grand and petit jury, with their business, &c. Further account of the situation and plan of Philadelphia. Penn's letter to the free society of traders, giving an account of Penn- sylvania at that time . . 802 The dispute between Penn and Lord Baltimore, respecting the boundaries between their territories. Penn's letter to the Lords of plantations. Lord Baltimore's commission to Colonel George Talbot, with a demand of the latter. William Penn's answer to said demand. Incursion from Mary- land, attempting forcible entry. Difficulty to re- strain the Indians from strong liquors 810 The proprietary obliged to return to England. Com- missions the provincial council to act in his absence, &c. His letter at his departure. Old- mixon's account. Thomas Langhorne. Death of Charles II., and succession of James II. to the crown of England, with Penn's interest and service at court. The dispute between Penn and Lord Baltimore, respecting the boundary of the territories decided, &c. Boundary lines between the counties of the province ascertained. Pro- ceedings of the assembly against N. Moore, J. Bridges and P. Robinson. Means used to instruct the Indians. State of the province 814 Penn's employment in Europe. Emigrants from Holland and Germany. Five commissioners of state created. The proprietor's instructions to them. His beneficent employment in England for the Quakers, &c. Letter to Lloyd. False alarm of an Indian insurrection. Caleb Pussey. Captain John Blackwell, Deputy Governor. The proprietary's instructions to him. He meets the assembly, disagrees with the council, and returns to England. Institution of the first public gram- mar-school in Pennsylvania . 818 Penn's difficulties after the revolution in England. Disagreement between the province and terri- tories. Declaration of the council, and other pro- ceedings relating to the difference. Two deputy- governors. The proprietary's concern at this dif- ference. Further proceedings of the province. A promulgated bill. Letter to the proprietary, &c. ... 822 Schism and separation between George Keith and the Quakers. His conduct afterwards. Some judicial proceedings against him, &c. The ma. gistrates' declaration of the reasons for these pro- ceedings. Penn deprived of the government by King William and Queen Mary. Their com- mission to Fletcher, governor of New York. Fletcher's letter to Deputy Lloyd . Page 826 Governor Fletcher arrives at Philadelphia. Council's address to the governor. Proceedings of the go- vernor and assembly, &c. The defence of Albany. Assembly's address to the governor, with his answer. The assembly's remonstrance, with other proceedings. A law for the support of govern- ment, &c. Assembly's petition to the governor. Resolve of the assembly, and protest of some of its members. Governor Fletcher dissolves the assembly, appoints William Markham his deputy, and departs for New York. Death of the former deputy-governor, Thomas Lloyd . 829 Penn cleared of the accusations against him, and his government restored. Death of his wife, Gulielma Maria. He commissions William Mark- ham his lieutenant-governor. His useful employ- ment in England. His second marriage. Death of his eldest son, Springett. Proceedings of the assembly in 1696. Their remonstrance, &c. Further proceedings of the legislature ; wherein a bill of settlement is agreed to and passed, called the third frame of government, &c. State of the province about this time. A proclamation 833 Penn, with his wife and family, sail for Pennsyl- vania. Yellow fever in Pennsylvania. Pro- ceedings of the governor and assembly against piracy and illicit trade. The proprietary's con- cern for the benefit of the Indians and Negroes, with the measures used. Money requested of the assembly for the fortifications on the frontiers of New York. Assembly's address to the proprie- tary on this occasion. Articles of agreement be- tween Penn and the Indians about Susquehanna, &c. . 35 Penn's motives for returning to England. His speech to the assembly, with their answer. He takes leave of the Indians. Disagreement be- tween the province and territories revived. The proprietary endeavours to reconcile them. His letter to the assembly, urging their agreement. The last charter of Pennsylvania. The proprietary also grants a charter to the city of Philadelphia. Andrew Hamilton of New Jersey being consti- tuted deputy-governor, and James Logan secretary of the province, Penn sails for England 839 King William dies, and is succeeded by Queen Anne. Penn in favour at court. Governor Ha- milton's administration and death. Province and territories irreconcilable. They agree to a sepa- ration in legislation ; Edward Shippen, president of the council. Resolve of the provincial assembly- after separation. John Evans arrives as deputy- governor, and endeavours to reunite the province and territories in legislation, but in vain. The governor displeased with the assembly of the pro- vince. David Lloyd. Governor's proclamation for raising a militia. He meets the assembly of the territories at Newcastle. The provincial as- sembly remonstrate w.th the proprietary. The go- vernor's speech in 1705. A very different as- sembly elected, and more harmony succeeds. CONTENTS. Thomas Chalkley's visit to the Indians at Con- nestogo, with a memorial of him. Pennsylvania affected in times of war, on account of the Quakers' principles . . . Page 843 Governor Evans's disposition and conduct. His treatment of the Quakers' principles on war. False alarm at Philadelphia. Fort and exactions at Newcastle. Assembly's address to the go- vernor. Further proceeding and dispute between the governor and assembly. Assembly displeased with the secretary, James Logan. The assembly impeach the secretary. Heads of a remonstrance to the proprietor. Difficulties of the proprietor about this time . . 845 Governor Gookin arrives. Assembly's address to the governor. They continue their former ani- mosity. The governor's answer; to which the assembly reply. The council's address to the governor. The assembly displeased with the council, and present a remonstrance of grievances to the governor. The governor's speech to the assembly, containing a military requisition in 1709. ' 848 The assembly vote a present to the Queen. The governor not satisfied with their offer ; and they adjourn. Proceedings of the next meeting of as- sembly. They agree to augment the sum, voted before to the Queen ; and request the governor's concurrence to divers bills. Further dispute be- tween the governor and assembly ; with reasons of the former for not agreeing with the latter ; upon which they remonstrate to the governor, and are much displeased with the secretary, James Logan. Proceedings between the governor, and the next assembly. Their proceedings against James Logan. They are disappointed in their design against him by the governor. The secre- tary goes to England, &c. . 851 Party spirit endangers the government and consti- tution. The proprietor's letter to the assembly respecting their late transactions. An entire new assembly elected in October 1710. Harmony between the governor and this assembly productive of more agreeable and better consequences, &c. Proceedings of the legislature in consequence of an express from England, received by the go- vernor, relating to an expedition against Canada. The Queen's letter of instructions to him. The assembly vote 2000Z. for the Queen's use. The next year produces a change in the assembly. The proprietor agrees to dispose of the govern- ment, to the Queen ; and is seized with an apo- plexy. Wine and rum imported in 1712. Set- tlement of New Garden and London Grove, in Chester county. Samuel Carpenter. The go- vernor's writ for summoning the assembly. Alter- cation between them . . 855 The assembly's address to the governor respecting tumults, &c. in Philadelphia, with his answer. An Indian treaty held in Philadelphia in 1715. The assembly's address to George I. The gover- nor disagrees with both the council and as- sembly. The assembly's representation to Gover- nor Gookin, containing a variety of matters, in 1716. 859 Governor Gookin is superseded by Sir William Keith. Concern at the great influx of foreigners. Dr. Griffith Owen. Address of the governor and assembly to the King. Great harmony between the governor and assembly. Penn's death and character . . . Page 865 Penn's will. State of his agreement with Queen Anne, for the sale of the government. Go- vernor and assembly's conduct, on hearing of the proprietor's decease. Claims of the late pro- prietor's family. Conduct of the governor and assembly, respecting said claim. The Indians of Pennsylvania attacked by some foreign Indians. Proceedings of the governor and assembly. Go- vernor Keith, with the assembly's consent, es- tablishes a court of chancery, &c. The governor endeavours to prevent ill-consequences among the Indians. A treaty with the Indians at Connes- togo . . . 868 The governor's concern to promote the country's benefit. Proceedings in consequence of the barbarous murder of an Indian. Divers useful laws passed, with some of their titles. Increase of law-suits. Regulation of bread and flour. Paper currency scheme first introduced in 1722. Advocated by the governor, and favoured by the generality of the people ; but disliked by some. Sentiments of several gentlemen and merchants, relating to a paper currency, presented to the assembly. Answer to these sentiments, &c. Go- vernor Keith's judgment on the same subject, in writing, to the assembly. Reply to the answer to the above sentiments, &c. . 875 The assembly's conduct in the affair of a paper cur- rency. Further account of the Pennsylvania paper currency, till 1749. Governor Keith vio- lates his instructions from the proprietary. Rea- sons given for and against the same. The widow Penn's answer to the remonstrance of the as- sembly. Disputes afterwards relative to the pro- prietor's instructions . . 878 Affirmation, &c. instead of an oath, established in Pennsylvania. Quakers' grateful address to the King on the occasion. Custom of the Quakers appearing in courts of justice with their hats on their heads interrupted and restored. Their ad- dress to the governor, and his compliance with their request. He is superseded in the govern- ment by Patrick Gordon, in 1726. Governor Gordon's administration. State of Pennsylvania about this time . ' . 882 Thomas Penn arrives in the province in 1732. As- sembly's address to him, with his answer. Bound- aries between Pennsylvania and Maryland. Joha Penn arrives in 1734. The assembly's address to him, with his answer. Lord Baltimore attempts to obtain of the King the territories. Death of John Penn and Governor Gordon. Administra- tion of the Council, James Logan, President. Benjamin Franklin. Arrival of Governor Thomas. His administration. Andrew Hamilton's speech to the assembly. . . 884 Conduct of Governor Thomas respecting the enlist- ing soldiers. Assembly's address to Thomas Penn. Riotous election in 1742. Indian affairs CONTENTS. during Governor Thomas's administration. H< resigns the government in 1747. Succeeding ad- ministration and governors. Disputes as to money bills and quit-rents. Conclusion Page 887 MARYLAND. Origin. Government. First settlers. House of assembly. Laws. Ingle's insurrection. Power of taxation. State during the protectorate. On the accession of William and Mary. Inspection of the church. Establishment of the Protestant church. Value of the colony to the proprietary. General view of it . . 894 VIRGINIA. Robertson's account of this state. Inimical to slavery. Situation. Climate. Description. Mountains. Productions. Political divisions. Ex- ports. Literature &c. . . 898 NORTH AND SOUTH CAROLINA AND GEORGIA. Original grant to Sir Robert Heath. First settlers from Virginia and Massachusetts. Charter granted Lord Clarendon and others. Locke's constitu tional code. Governor Sayle. Difficulties of the early settlers. Foundation of Charlestown. Sir John Yeamans, governor. Treaty with Spain. Formation of a legislature. Contentions with the Spaniards. Domestic dissensions. Arrival of Dutch settlers. Governor West. Description of the country. Governor Morton. Fresh settlers on account of the religious persecution in Eng- land and France. Mode of gathering turpentine. Governor Colleton. Civil commotions. Seth Soshel usurps the governorship. Is deposed 905 The French refugees. Philip Ludwell, governor. Harsh treatment of the refugees. Juries chosen by ballot. Pirate,s favoured by the colonist?. Thomas Smith, governor. The planting of rice introduced. The employment of Negroes. In- dians' complaints. John Archdale, governor His new regulations. Joseph Blake, governor TUe French in Florida. Refugees incorporated by law. Depredations of pirates. Calamities of the province. James Moore, governor. Lord Graiiville, Palatine. An established church pro- jected. Expedition against Augustine. The first paper currency. Expedition against the Apala- cliian Indians. System of culture in the co- lony . 915 quered. Bank bills established. Trade infested by pirates. Several English statutes adopted Page 92.') Intention of government towards the colonies. In- dian war. Application to the crown for relief. Harsh conduct of the proprietors. Robert Daniel, deputy-governor. Lord Carteret, palatine. Dis- affection towards the proprietors. Robert J ohnson, governor. The depredations of the pirates. Their extirpation. Difficulties arising from a paper currency. Indians inimical. Complaints against Chief Justice Trott. The consequences of it. Invasion by the Spaniards. An association formed against the proprietors . 935 The people's encouragement to revolt. Proceed- ings of the convention. The assembly dissolved. Proceedings of the people. James Moore, go- vernor. The declaration of the convention. The invasion from Spain defeated. Francis Nicolson, governor. George I. recognised as sovereign. The regulation of Indian affairs. The trial of the family of Dutartre. Progress of the colony. Arthur Middleton, president. A dispute con- cerning the boundaries. Reprisals on the Spa- niards. Encroachment of the French in Loui- siana. The province purchased for the crown 944 Sir Alexander Gumming treats with the Indians. Seven Cherokees taken to England. Robert Johnson, governor. James Oglethorpe settles a colony in Georgia. A colony of Switzers arrives in Carolina. Eleven townships marked out. A struggle about lands. State of the colony. The regulations of the trustees. Settlement of two colonies of Highlanders and Germans. Thomas Broughton, lieutenant-governor. Oglethorpe for- tifies Georgia. The Chickesaws defeat the French. Religious state of the colony. The association of Presbyterians. Remarks on paper currency. Small progress of Georgia. Hardships of the first settlers. An Irish colony planted . 957 Trade obstructed by the Spaniards of Mexico. William Bull, lieutenant-governor. Oglethorpe's regiment sent to Georgia, The Spaniards try to seduce the Creeks. Mutiny in Oglethorpe's camp. A negro insurrection in Carolina. A war with Spain. A project for invading Florida. General Oglethorpe marches against Florida. Invests Augustine. Raises the siege. A great fire at Charlestown. A petition in favour of the rice trade. James Glenn, governor. Lord Carteret's property divided from that of the crown. The Spaniards invade Georgia. Ill treatment of Ge- neral Oglethorpe. Petition for three independent companies . . . 970 Sir Nathaniel Johnson appointed governor. The church of England established by law. The in- habitants remonstrate against it. Lay commis- sioners appointed. The acts ratified by the pro- Influx of Scotch settlers. Climate and diseases. prietors. The petition of Dissenters to the House of Lords. Resolutions of the House of Lords. Their address to the Queen. The Queen's A project formed for invading Carolina. A Spa- nish and French invasion repulsed. Missionaries sent out by the society in England. Lord Craven, palatine. Edward Tynte, governor. The- re- venues of the colony. The invasion of Canada. A French colony planted in Louisiana. A colony of palatines settled. Robert Gibbes, governor. Charles Craven, governor. An Indian war in North Carolina. The Tuskorora Indians Cultivation of indigo. State of Georgia. Dis- sensions excited by Bosomworth. Georgia made a royal government. Whitfield in Carolina. Conference with the Indians. Great hurricane at Charlestown . State of commerce 980 A dispute about the limits of British and French territories. War with the French. Governor Glen holds a congress with the Cherokees. Forts built. The Cherokee war. The Highlanders return to Carolina. Peace with the Cherokees. Storm at Charlestown 988 CONTENTS. xiu The peace with France. Boundaries of East an West Florida. The southern provinces left secure Encouragement given to reduced officers anc soldiers. Georgia begins to flourish. Emigra tions to Carolina. Regulations relative to th( Indians. John Stuart, superintendant for Indian affairs. Decrease of Indians, and the causes of it Population and trade of the province. Page 996 LOUISIANA AND FLORIDA. Discovery. Vasquez's piratical visit. Expedition of Narvaez Also of Soto. Moscoso succeeds him Adventures of Ribaut. Fort Carolina built. Fur ther discoveries. Distress of the colony. Spa- niards in Florida. Fort Carolina taken by them Merciless contests between the French and Spa- niards. Account of, and war with, the Indians. La Sale's progress, and death. Adventures oi Joutel. Discovery of the Mississippi. State ol Louisiana. Adventures of St. Denys. Peace ol 1763. Account of the Indians . 1000 THE WAR OF THE INDEPENDENCE. Taxation of the colonies. Stamp act proposed. Con- duct of the colonies. Stamp act passed. Con gress at New York. Stamp act repealed. Co- Ires- 030 lonies taxed by duties. Associate to resist opp sion 1 Convention at Boston. Consequent conduct of co- lonies. Tea cargoes destroyed. Spread of revo- lutionary principles . . 1032 Congress gives one vote to each colony. Bill of rights. Petition to the king. Address to the people of England. Boston Neck fortified. Battle of Lexington. Militia. Fort Ticonderoga cap- tured. Crown Point surprised . 1034 Second meeting of congress. British troops arrive. Fortifications on Breed's Hill. Conflict with the British. Washington elected commander-in-chief. Georgia joins the confederacy. First line of posts . 1037 Americans send two parties against Canada. Mont- gomery invests St. John's. Colonel Allen makes an attempt on Montreal. He is taken prisoner. Montgomery takes St. John's And Montreal. Proceeds to Quebec. Arnold arrives at Point Levi. Attempts to surprise Quebec. Montgo- mery arrives. Quebec assaulted. Montgomery killed. Arnold wounded. Part of the assailants surrender. Arnold blockades Quebec . 1039 Falmouth and Boston burned. Attention of Ame- ricans to their navy. British attempt to gain New York Are defeated. Dunmore burns Norfolk. Penn examined before the peers. Parliament of England prohibit the trade of the colonies And hires mercenaries from Germany. Bad state of the army. Washington fortifies Dorchester heights. He compels the British to evacuate Boston. Ar- nold's difficult situation at Quebec. General Thomas supersedes him. Siege of Quebec raised. Thomas dies. Loss of the Americans at the Ce- dars. General Thompson and 200 Americans taken prisoners. British fleet arrives at Charles- town. Attack of the British on Sullivan's island. Jasper's exploit. British sail for New York. In- dependence proposed in congress. Independe declared. State of the country. Eminent n juce men Page 1010 The declaration of independence of the United States of America . 1043 Geographical notice of the state of the country from 1763 to 1776 . . 1044 Catalogue of eminent men who flourished during the same period . . 1045 Howe takes possession of Staten Island. Positions of Washington's army. British land on Long Island. Battle of Long Island. The Americans defeated . . . 1045 Washington withdraws his troops from Long Island. British enter New York. Situation of the Ame- rican army. Battle of West Plains. Fort Wash- ington surrenders. Fort Lee evacuated. Wash- ington retreats . . 1046 Distress of Washington's army. General Lee made prisoner. Washington attacks Cornwallis. Ar- nold defeated. British blockade Providence. Congress grant extraordinary powers to Washing- ton . . 1048 Campaign of 1777. Excesses of the English army in New Jersey. Revolt of the loyalists. Gover- nor Tryon advances to Danbury. Exploit of Co- lonel Meigs at Sag Harbour. La Fayette es- pouses the American cause. Cornwallis defeats Sterling . . 1049 Jeneral Prescott captured. Burgoyne arrives at Quebec with an army. Fort Stanwix invested. Burgoyne's army move to Crown Point. Ameri- cans lose 1000 men. Schuyler retreats. British defeated at Bennington. Battle near Saratoga. British defeated. Burgoyne surrenders. Gar- rison of Ticonderoga retreat. Kingstown is burned . ' . 1051 Battle of Brandywine. Americans defeated. Wash- ington retreats to Chester. Congress adjourn to Lancaster. Cornwallis enters Philadelphia. Bat- tle of Germantown. Americans defeated. Wash- ington returns to Schippack creek. Attack on Redbank. American crews destroy their own ves- sels. Washington retires to winter-quarters 1053 lauses of the distress of the army. Intrigues against Washington. Predatory excursions of the British. Massacre at the bridges of Quinton and Hancock. Policy of France in reference to America. France concludes a treaty with America. Arrival of Bri- tish ministers . . 1055 Battle of Monmoutn. Clinton removes to New York. Washington to the Hudson. French fleet arrives. Franklin appointed minister to France. Expedi- tion against Rhode Island. Siege of Newport. Indian atrocities. Attack of Wyoming. Savan- nah taken by the British . 1058 Campaign of 1779. Sunbury taken by the British. Unsuccessful attempt upon port Royal. Colonel Pickens defeats a party of Royalists. General Prevost surprises the Americans. John Rutledga CONTENTS. governor of South Carolina. British defeat Ge- neral Moultrie near Charlestown. Engagement at Stony Ferry. British make a descent on Vir- ginia. Governoi Tryon makes a descent on Con- necticut. Americans take Stony Point. British land at Penobscot river. American flotilla de- stroyed. Sullivan defeats the savages. Page 1059 Naval affairs. D'Estaigne arrives off the coast of Georgia. Savannah invested by the French. The siege raised. Paul Jones's naval engagement. Intrigues of France and Spain . 1061 Campaign of 1779. Armed neutrality. Clinton be- sieges Charlestown. That city capitulates. Tarle- ton surprises Burford. Clinton in South Caro- lina. He returns to New York. Skirmish at Springfield . . 1064 Congress sanction the depreciation of paper cur- rency. British in South Carolina. Heroism of the women in South Carolina. Society of ladies 1065 Campaign of 1780. British defeated at Hanging Rock. Baron De Kalb enters North Carolina. Battle near Camden. Death of De Kaib. Tarle- ton surprises Sumpter . 1066 Arnold's treason. Execution of Andre. Cornwallis arrives at Charlottetown. Defeat at Ferguson. Descent upon Portsmouth, Virginia. Gates sur- prised by Greene. Arnold makes a descent upon Virginia . . . 1067 Campaign of 1781. Robert Morris treasurer. Franklin obtains money from France and Hol- land. Revolt of the Pennsylvanian line. New Jersey troops revolt. Tarleton attacks Morton at the Cowpens. Cornwallis pursues Morgan. Co- lonel Lee defeats Colonel Hill. Battle of Guil- ford Court-house. The Americans retreat. Corn- wallis sets out for Virginia . . 1069 Sumpter and Marion annoy the British. Ameri- cans defeated at Hobkirk's Hill. Rawdon eva- cuates Camden. British forts taken by the Ame- ricans. Greene attacks fort Ninety-six . 1071 Battle of Eutaw Springs. Engagement of the French and English fleets. Junction of the Bri- tish armies. Tarleton surprises Charlotte-ville. Cornwallis enters, Yorktown. Washington arrives at the head of the Elk. De Grasse enters the Che- sapeake. Action between the French and Eng- lish fleets . . 1072 Fort Trumbull taken And fort Groswall. Arnold burns New London. Yorktown besieged. Corn- wallis capitulates. British land forces surren- der to the Americans, and the marine to the French. Clinton too late endeavours to preserve Cornwallis. La Fayette returns to France 1074 Poverty of the American government. Trials and magnanimity of the treasurer. Sir Guy Carleton supersedes Clinton. Articles of peace signed at Paris. Disturbance among the officers of the army. Evacuation of New York. Resignation of Washington 1076 State of the American finances. Rebellion in Mas- sachusetts. In New Hampshire. Defects in the American form of government. Delegates meet from five states. Constitution framed at Phila- delphia. Constitution. Adopted by eleven states Page 1077 The constitution of the United States of America framed during the year 1787 by a convention of delegates, who met at Philadelphia, from the states of New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Caro- lina, Georgia . 1079 Geographical notices of the country at this period 1085 Catalogue of eminent men who died during the pe- riod extending from 1776 to 1789 . 1085 Washington elected president. Hamilton's report on the public debts. Bill for duty on distilled spi- rits. A national bank established. Vermont admitted into the Union . 1085 Indian war in Ohio. Harmer defeated. Also St. Clair. Proclamation of neutrality. Randolph succeeds Jefferson as secretary of state . 1087 Insurrection in Pennsylvania. Wayne defeats the Indians. Jay's treaty. Treaty with Algiers With Spain. Mr. Monroe sent to France And re- called. Washington's farewell address to the people . . 1088 Mr. Adams elected president. X Y & Z mission. Capture of the L'Insurgente. Death of Wash- ington . . . 1094 Seat of government transferred to Washington. Election of Jefferson and Burr. Inauguration of Jefferson. Right of deposit at New Orleans. Loui- siana purchased . . 1096 Geographical notices of the country in 1803 . 1097 Catalogue of eminent men who died during the pe- riod extending from 7789 to 1803 . 1098 War with Tripoli. Possession taken of Derne. A peace concluded. General Hamilton killed in a uuel. Jefferson again elected president. Dis- pute with England. Colonel Burr's projects. His trial and acquittal . . 1C98 The Chesapeake searched. Mr. Madison elected president. Erskiue's treaty. Indians commence hostilities. Battle of Tippecanoe. Henry's se- cret mission. . . . 1100 War declared. An act of congress to raise 25,000 men. State of the revenue. General Dearborn commander-in-chief. Proceedings of the army of the north-west. Hull's operations. His pro- clamation. Affair at the river Aux Canards. Van Horn defeated at Brownstown. Mackinau surrendered. Dearborn's armistice. Hull aban- dons Maiden. Battle of Maguaga. Captain Heald defeated. Hull capitulates. Is exchanged. His trial and sentence . . 1102 Successes of the Americans at sea. Situation of the forces on the New York frontier. Affair of Queenstown. Harrison takes command of the CONTENTS. north-western army. Hopkins' expedition. The Americans invade Canada. The capture of the Frolic Arid other vessels . PagellOS America makes overtures of peace. Connecticut and Massachusetts refuse to furnish troops. Con- gress assembles. Acts passed. Madison re-elected president. Plan of the campaign. Massacre at French Town. Fort Meigs besieged. Six nations declare war against Canada. Fort Ste- phenson besieged. Proctor repulsed 1111 Attack on Ogdensburg Chauncey prepares a fleet on lake Ontario. York attacked by the Ameri- cans. General Pike killed. York surrenders. Chandler and Winder captured. Perry's victory on lake Erie. Battle of the Thames. Delaware and Chesapeake bays in a state of blockade. Ad- miral Cockburn carries on a predatory warfare. New York and New London harbours blockaded 1114 Chauncey captures a British squadron. Battle of Williamsburg. Affair of Chateaugay. Newark burnt. The British take possession of fort Nia- gara. Naval engagements. The Hornet and the Peacock. Chesapeake and the Shannon. The Argus and the Pelican. The Enterprise captures the Boxer. Creek war . . 1117 Mediations of peace. Extra session of congress. Embargo and non-importation act. Unsuccessful attempt at La Colle. Attack on Oswego. Ex- pedition to the river Thames. British ascend Connecticut river . . 1120 General Brown crosses the Niagara. Battle of Chippewa. Battle of Bridgewater. General Ryall captured. Fort Erie besieged. Colonel Drummond killed. British works destroyed. Un- successful attempt to re-take Mackinau 1122 Peace of Paris. Preparations to defend Washing- ton. British land and ascend the Patuxent. Pro- ceedings of both armies. Alexandria capitu- lates. Battle near Baltimore. Various rencontres 1125 British force in Canada increased. Sir George Pre- vost advances to Plattsburg. Engagement i n the bay of Plattsburg. Americans annoy the British merchant-vessels. Naval engagements. Difficulties of the Americans. Convention at Hartford . Page 1127 Proceedings in the south. La Fitte's disclosures. Pensacola surrenders to the Americans. General Jackson's preparations at New Orleans. Cap- ture of the American flotilla. Contests between the armies. Sir E. Packenham arrives with the main body of the British. Jackson's proceedings with the legislature of Louisiana. Battle of New Orleans. Sir E. Packenham killed. Sub- sequent rencontres. British abandon the expe- dition. Fort Bowyer surrenders. Peace pro- claimed. . . 1130 War with Algiers. Decatur and Bainbridge sent to the Mediterranean. Piratical powers make peace. Treaties with the Indians. National bank. Mr. Monroe president. Mississippi ad- mitted to the union. The illicit trade destroyed. Proceedings of the congress. Commencement of the Seminole war. General Jackson marches against them. Trial of Arbuthnot And of Am- brister. Treaties with Great Britain and Sweden. Indian affairs. Cession of Florida 1132 Alabama admitted to the union. The Missouri question. Mr. Monroe re-elected. Treaty with France. Increase of piracy. Recognition of South American states. The tariff question again agitated . . . 1135 La Fayette visits America. His reception. Re- turns to France. Mr. Adams elected president. Treaty with Columbia. Representatives sent to the congress at Panama. Fiftieth anniversary of Independence , . 1137 List of the military stations in the United States, in 1826 . 1139 Catalogue of eminent men who died during t period extending from 1803 to 1826 11 the 39 Concluding remarks. Retrospect and present state. Future prospects. Conclusion - . 1141 ADVERTISEMENT. THE volumes published by Dr. Robertson contain, to use his own words, " The Account of the Discovery of the New World, and of the Progress of the Spanish Arms and Colo- nies there." This account is brought down to the year 1772. It was his intention to have given a complete history of the whole of America, but his death prevented the fulfil- ment of his project. The history of Portuguese America and the settlements made in the West India Islands, were totally untouched by him. Of the history of the United States some fragments were discovered after his death, and have uniformly been printed with his History of Spanish America. The Proprietors have determined to carry into effect the comprehensive history of the New World, contemplated by Dr. Robertson ; aware that it is more than ever required at a time when it is fast advancing in a career, which, in all probability, will surpass that of the Old. The work will be compiled from the ample and authentic sources open to them ; and in following Dr. Robertson's steps, they will not walk in any hopes of rivalry, but merely collect and arrange, from the most esteemed historians of this country and America, such accounts as have received the public sanction. We shall proceed first with the history of the United States of America, as well on account of their political importance as of their British origin. The fragments of Robertson bring the history of Virginia down to the year 1688, and the history of New England to 1652. This compilation will commence with a continuation of the latter, as being most necessary to a proper knowledge of the general history of the States ; and a separate and succinct account will be given of each of them down to the war which established their grand federative union and independence : a method that will avoid much confusion, aud in which we are guided by the principal historians. The history of Massachusetts is placed first, as being the most important State of New England. THE HISTORT or AMERICA. No. 36. 2 O THE HISTORY OF THE UNITED STATES NORTH AMERICA. THE histories of Virginia and New England, left by Dr. Robertson, are in an imperfect form, and present only a very small portion of the history of the numerous countries now known as the United States. These fragments contain only a general view of a part of the States, and it may, perhaps, therefore be necessary, in order to give the vise and progress of all of them, to retrace, in some instances, the same period of which Dr. Robertson has given an outline. MASSACHUSETTS. Of the two companies incorporated by King James, an account otthe proceedings and dissolution of one, and a history of the colony to the time of Cromwell, will be found in Robertson's narration, whose frag- ment concludes with stating that the colonists of this settlement declined complying with his desire, that they should remove to the island of Jamaica, which he had taken from the Spaniards. In 1641, the settlements in New Hampshire had been incorporated with Massachusetts. And, in 1652, the inhabitants of the province of Maine were, at their own request, taken under her protection. This province had been granted to Sir Ferdinand Gorges, who, in 1639, first established a government over it. In 1640 a general court was held at Saco. Upon the death of the proprietor, in 1649, most of the officers whom he had appointed deserted it, and the people found it necessary to resort elsewhere for protection. In 1656 several Quakers arrived in the colony. In this age of enthusiasts, these sectarians surpassed all others in enthusiasm. Their behaviour was rude, contemptuous, and disorderly. They reviled magis- trates and ministers, and entering churches on the sabbath, disturbed the solemnities of public worship. For these offences they were first imprisoned, and then banished. A law was passed prohibi iug Quakers from coming into the colony, imposing the penalty of banishment upon the first offence, and of death upon such as should return after banishment. Four, who were so infatuated as to return and ob- trude themselves upon the notice of the government, suffered the death which they appeared to seek. This cruel and impolitic law was soon afterwards repealed. Cromwell, who had governed England with greater ability and higher merit than most of her kings, died in 1658, and after an interval of two years Charles the Second, a prince destitute of honour and virtue, was recalled from exile, and placed upon the throne. He was reluctantly acknowledged by the colonies of New England. They had been the favourites of the parliament and the protector, and apprehended, with good reason, the loss of their civil and religious pri- vileges. A short time after, Whalley and Goffe, two of the judges who had sentenced Charles the First to be beheaded, having fled before the return of his suc- cessor, arrived in New England. Their first place of residence was Cambridge ; but they often ap- peared publicly in Boston, particularly on Sundays and other days of religious solemnities. They had sustained high rank in Cromwell's army, were men of uncommon talents, and, by their dignified man- ners and grave deportment, commanded universal respect. As soon as it was known that they were excepted from the general pardon, the governor suggested to the court of assistants the expediency of arresting them. A majority opposed it, and many members of the general court gave them assurances of protec- tion. Considering themselves, however, unsafe at Cambridge, they removed to New Haven, where they were received with great respect by the clergy and magistrates. After a short residence there, enjoying, in private, the society of their friends, the governor of Massa- chusetts received a mandate to arrest them. A war- rant was immediately issued, authorizing two zealous royalists to search for, and seize them, wherever found, in New England. They hastened to the colony of New Haven, exhibited the warrant to the governor, who resided at Guildford, and requested him to furnish authority and assistants to pursue them. Desirous of favouring the exiles, he affected to deliberate until the next morning, and then utterly declined acting officially without the advice of his council. In the mean time they were apprized of their dan- ger, and retired to a new place of concealment. The pursuers, on arriving at New Haven, searched every suspected house, except the one where the judges were oncealed : this they began to search, but were induced, by the address of the mistress of it, to desist : when the pursuers had departed, the judges, retiring into the woods, fixed their abode in a cave. Having there heard that their friends were threat- ened with punishment for having afforded them pro- tection, they came from their hiding place for the purpose of delivering themselves up ; but their friends, actuated by feelings equally noble and gene- rous, persuaded them to relinquish their intention. Soon after they removed to Milford, where they re- mained about two years. Upon the arrival of other persons, instructed to apprehend them, they repaired privately to Hadley, in Massachusetts, where they resided fifteen or six- teen years, but few persons being acquainted with the place of their concealment. There is in that neighbourhood a tradition, that many years after- wards two graves were discovered in the minister's cellar ; and in these, it was supposed, they had been 284 THE HISTORY OF AMERICA. interred. At New Haven two graves are shown, said to be those of the two judges. It is not impro- bable that their remains were removed to this place from Hadley. A singular incident which occurred at the latter place in 1675, shows that one of these illustrious exiles had not forgotten the avocations of his youth. The people, at the time of public worship, were alarmed by an attack from the Indians, and thrown into the utmost confusion. Suddenly a grave, elderly person appeared, differing in his mien and dress from all around him. He put himself at their head, ral- lied, encouraged, and led them against the enemy, who were repulsed and completely defeated. As suddenly the deliverer of Hadley disappeared. The people were lost in amazement, and many believed that an angel sent from heaven had led them to victory. Their treatment of the king's judges, and in truth all their conduct, evinced the republican spirit of the colonists. By the royal government of England they could not therefore be regarded with favour. In 1663 it was enacted that no European commodity should be imported into the colonies, unless shipped directly from England, and in British vessels. By this regulation, in connection with others that had been previously made, all the trade of the colonies was secured to the mother country. They submitted reluctantly to these restrictions, and often made them the subject of complaint. But England, believ- ing that they augmented her wealth and power, ob- stinately refused to repeal them. In 1664 the king dispatched four commissioners to visit the several colonies of New England, to examine into their condition, to hear and decide complaints, and to make him a report of their pro- ceedings and observations. This measure was dic- tated by no friendly motive, and was considered by the. colonies as a violation of their charters. The first session of the commissioners was at Ply- mouth, where but little business was transacted ; the next in Rhode Island, where they heard complaints from the Indians, and all who were discontented, and made various determinations respecting titles to land, which were but little regarded. In Massachu- setts the general court complied with such of their requisitions as they thought proper; but professing sincere loyalty to his majesty, declined acknowledg- ing their authority, and protested against the exercise of it within their limits. In consequence of this manly assertion of their chartered rights, an angry correspondence took place between them, at the close of which the com- missioners petulantly told the general court, " that they would lose no more of their labours upon them,' but would represent their conduct to his majesty. From Boston the commissioners proceeded to New Hampshire, where they exercised several acts ol government, and offered to release the inhabitants from the jurisdiction of Massachusetts. This offer was almost unanimously rejected. In Maine they excited more disturbance. They encouraged the people to declare themselves independent, and founc many disposed to listen to their suggestions ; bul Massachusetts, by a prompt and vigorous exertion o: power, constrained the disaffected to submit to her authority. Connecticut appears to have been the favourite of the commissioners. She treated them with re spect, and complied with their requisitions. In re turn they made such a representation of her merit to the king, as to draw from him a letter of thanks ' Although," says he, " your carriage doth of itself most justly deserve our praise and approbation, yet t seems to be set off with more lustre by the contrary ehaviour of the colony of Massachusetts." At the end of fifty years from the arrival of the emigrants at Plymouth, the New England colonies were supposed to contain one hundred and twenty owns, and as many thousand inhabitants. The acts f parliament not being rigidly enforced, their trade iad become extensive and profitable. The habits of ndustry and economy, which had been formed in ess happy times continued to prevail, and gave a competency to those who had nothing, and wealth to those who had a competency. The wilderness receded before adventurous and hardy labourers, and ts savage inhabitants found their game dispersed, and their favourite haunts invaded. This was the natural consequence of the sales of .and which were at all times readily made to the whites. But this consequence the Indians did not bresee ; and when they felt it in all its force, the strongest passions were awakened which can animate civilized or savage man, the love of country and of 'ndependence. A leader only was wanting to concentrate and di rect their exertions, and Philip, of Pokanoket, sachem of a tribe living within the boundaries of Plymouth and Rhode Island, assumed that honoura- ble but dangerous station. His father was the friend, but he had ever been the enemy, of the whites ; and this enmity arising from causes of national concern, bad been embittered to vindictive hatred by their conduct towards his elder brother. This brother, being suspected of plotting against them, was seized by a detachment of soldiers and confined ; and the indignity so wrought upon his proud spirit as to pro- duce a fever that put an end to his life. Philip inherited the authority and proud spirit of his brother. He exerted all the arts of intrigue and powers of persuasion of which he was master, to induce the Indians, in all parts of New England, to unite their efforts for the destruction of the whites. He succeeded in forming a confederacy, able to send into action between three and four thousand warriors. The English were apprized of the plots of the In- dians, and made preparations to meet their hostili- ties. They hoped, however, that the threatened storm would pass by as others had, and that peace would be preserved. But the insolence of Philip, and the number of his adherents increased daily ; and in June 1675, some of them entered the town of Swanzey, in Plymouth, where, after slaughtering the cattle, and plundering the houses, they fired upon the inhabitants, killing and wounding several. The troops of that colony marched immediately to Swanzey, and were soon joined by a detachment from Massachusetts. The Indians fled, and marked the course of their flight by burning the buildings, and fixing on poles by the way-side the hands, scalps, and heads of the whites whom they had killed. The troops pursued, but unable to overtake them, re- turned to Swanzey. The whole country was alarmed, and the number of troops augmented. By this array of force. Philip was induced to quit his residence at Mount Hope, and take post near a swamp at Pocasset. At that place the English attacked him, but were repulsed. Sixteen were killed, and the Indians by this success were made bolder. At this time most of the settlements were sur- rounded by thick forests, and the Indians lived inter- mixed with the whites. The former were acquainted, UNITED STATES. 285 of course, with the dwellings of the latter, with their roads, and places of resort ; could watch their mo- tions, and fall upon them in their defenceless and unguarded moments. Many were shot dead as they opened their doors in the morning ; many while at work in their fields, and others while travelling to visit their neighbours, or to places of worship. At all times, at all places, in all employments, were their lives in jeopardy ; and no one could tell but that in the next moment he should receive his death-shot from his barn, the thicket, or the way-side. Whenever the enemy assembled in force, detach- ments were sent against them; if weaker than these, they would retreat ; if stronger, assault and conquer them. Defenceless villages were suddenly attacked, the houses burned, and the men, women, and children killed, or carried into captivity. Their ruin was the work of a moment ; and when accomplished, its authors vanished. The colonies, losing individuals, families and vil- lages, found their numbers sensibly diminished ; their strength impaired ; and began to apprehend even total extinction. Nothing but a vigorous effort could save them. The commissioners met, and determined to dispatch an army of a thousand men to attack the principal position of the enemy. Josiah Winslow, governor of Plymouth, was appointed commander in chief: and a solemn fast, to invoke the divine aid, was proclaimed throughout New England. On the 18th of December, the different bodies of troops formed a junction at a place in the country of the Narragansets, about fifteen miles from the ene- my. The weather was extremely cold, but the men, from necessity, passed the night uncovered in the fields. At dawn of day they began their march, wading through the deep snow, and at one o'clock arrived near the enemy's post, which was upon a rising ground, in the midst of a swamp. It was sur- rounded by palisades, and on the outside of these was a fence of brush a rod in width. Here was fought the most desperate battle recordec in the early annals of the country. It continuec three hours. The English obtained a decisive vie tory. One thousand Indian warriors were killed three hundred more, and as many women am children were made prisoners. But dearly was the victory purchased. Six captains, and eighty men were killed, and one hundred and fifty wounded. From this blow the confederated Indians neve recovered ; but they still remained sufficiently strong to harass the settlements by continual inroads. In retaliation the English sent several detachments int( their territories, nearly all of which were successful Captain Church, of Plymouth, and Captain Denni son, of Connecticut, were conspicuous for thei bravery and good fortune. In the midst of these reverses, Philip remainec firm and unshaken. His warriors were cut off; hi chief men, his wife and family were killed or taken prisoners ; and at these successive misfortunes, he i represented to have wept with a bitterness whicl proved him to possess the noblest of human virtue and affections ; but he disdained to listen to an 1 offers of peace. He even shot one of his men, wh proposed submission. At length after being huntec from swamp to swamp, he was himself shot by th brother of the Indian he had killed. After his deaf the remnant of his followers either submitted to th English, or united with distant tribes. Never was peace more welcome, for never had wa been more distressing. The whole population wa in mourning for relatives *lain. Nearly a thousan maim. ne was tuvu uic ueatci ing, requiring that agents should of London,' fully empowered to ouses had been burned, and goods and cattle of ;reat value had been plundered or destroyed. The olonies had contracted a heavy debt, which, their esources having been so much diminished, they ound an almost insupportable burden. But in their leepest distress they forbore to apply to the mother ountry for assistance ; and this omission excited sur- >rise and jealousy. " You act," said a privy coun- illor, " as though you were independent of our mas- er's crown ; and though poor, yet you are proud." In 1680 New Hampshire, at the solicitation of John Mason, to whose ancestor a part of the terri- ory had been granted, was constituted a separate colony. Massachusetts, apprehending the loss of Vlaine also, purchased of the heirs of Gorges their claim to the soil and jurisdiction, for twelve hundred nd fifty pounds. The disregard of the acts of trade had given great offence to the mother country, and the governors of New England were peremptorily required to enforce them. But being enacted by a parliament in which the colonies were not represented, they were re- garded as violations of their rights, and continued to se evaded with impunity. Edward Randolph was therefore sent over, commissioned as inspector of the customs in New England. He was also the bearer of a letter from the kinj be sent to the court act for the colonies. It was well understood to be the intention of the king to procure from the agents a surrender of the charters, or to annul them by a suit in his courts, that he might himself place officers over the colonies who would be subservient to his views. The inha- bitants of Massachusetts felt that to be deprived of their charter, which secured to them the right of self-government, would be the greatest of calamities ; and their agents were instructed, in no emergency, to surrender it. This being known to the king, a prosecution was instituted against the corporation, and in 1684 a subservient court decreed that the charter should be cancelled. All impediments to the exercise of the royal will being thus removed, King James established a tem- porary government over the colony, first appoint- ing Joseph Dudley, and, in 168.6, Sir Edmund An- dros, governor. This latter appointment caused the most gloomy forebodings. Sir Edmund had been governor of New York, and it was known that his conduct there had been arbitrary and tyrannical. Having secured a majority in the council, he as- sumed controul over the press, appointing Randolph licenser. He established new and oppressive regu- lations concerning taxes, pubh'c worship, marriages, and the settlement of estates. He, and by his per- mission, his subordinate officers, extorted enormous fees for their services. He declared that the char- ter being cancelled, the old titles to land were of no validity, and compelled the inhabitants, in order to avoid suits before judges dependent on his will, to take out new patents, for which large sums were demanded. The hatred of the people was excited in proportion to their sufferings. In the beginning of 1689, a ru- mour reached Boston, that William Prince of Orange had invaded England, with the intention of dethron- ing the king. Animated by the hope of deliverance, the people rushed spontaneously to arms, took pos- session of the fort, seized Andros, Randolph, and other obnoxious persons, and placed them in con- finement. A council of safety, consisting of their former magistrates, was then organized, to administer 286 THE 'HISTORY OF AMERICA. the government until authentic intelligence should be received from England. In a few weeks a ship arrived, bringing the glad tidings that William and Mary were firmly seated on the throne. They were immediately proclaimed in all the colonies with unusual rejoicings. The people of Massachusetts applied for the restoration of their old, or the grant of a new charter. A defi- nite answer was deferred, but the council was autho- rized to administer the government, according to the provisions of the old charter, until further directions should be given. Andros, Randolph, and others, were ordered home for trial. In this unsettled state of the country, the French in Canada and Nova Scotia instigated the northern and eastern Indians to commence hostilities against the English settlements. Dover and Salmon Falls, in New Hampshire ; Casco, in Maine ; and Sche- nectady, in New York ; were attacked by different parties of French and Indians, and the most shock- ing barbarities perpetrated on the inhabitants. Regarding Canada as the principal source of their miseries, New England and New York formed the bold project of reducing it to subjection. By great exertion they raised an army, which, under the command of General Winthrop, was sent against Montreal, and equipped a fleet, which, commanded by Sir William Phipps, was destined to attack Quebec. Both returned unsuccessful, disappointing the san- guine hopes of the people, and burdening them with a debt which they had not the means of discharging. To pay off her troops, Massachusetts put in circula- tion bills of credit, or paper money, an expedient which was afterwards often resorted to, and though it afforded relief at the moment, produced in its con- sequences extensive and complicated mischief. In the mean time a new charter had been granted to Massachusetts, ' which added Plymouth, Maine, and Nova Scotia, to her territory. The only privi- lege it allowed to the people was the choice of repre- sentatives. These were to elect a council, and both bodies were to constitute the legislative power It reserved to the king the right of appointing the governor and lieutenant-governor. To the governor it gave the power of rejecting laws, of negativing the choice of councillors, of appointing all military and judicial officers, of adjourning and even of dissolving the assembly at pleasure. Laws, although approved by him, might be abrogated by the king, within three years after their enactment. The king, to render the new charter more accept- able, appointed Sir William Phipps, a native of the province, governor, and in 1692 he arrived at Bos- ton. The new government went into operation without any opposition from the inhabitants ; and almost the first act of Sir William Phipps and his council was the institution of a court to try the un- fortunate victims of popular delusion, accused of withcraft, at Salem. The belief in this supposed crime had been so prevalent in England, that parliament had enacted a law punishing it with death. Under this law, mul- titudes had been tried and executed in that country, and two or three in Massachusetts, some of whom acknowledged they were guilty. Accounts of these trials and confessions, and particularly of some trials before Sir Matthew Hale, a judge revered in the co- lonies, had been published and distributed through- out the country. They were read in a time of great distress and gloom by a people naturally sedate, and accustomed to regard with awe the surprising and unaccountable incidents and appearances which, in this new world, were often presented to their con- templation. In February, 1692, a daughter and a niece of Mr. Paris, the minister of Salem, were afflicted with dis- orders affecting their bodies in the most singular manner. The physicians, unable to account for their contortions, pronounced them bewitched ; and the children, hearing of this, declared that an Indian woman, who lived in the house, was the cause of their torments. Mr. Paris concurred with the physicians. Several private fasts were kept at his house, and the gloom was increased by a solemn fast throughout the colony. The Indian woman confessed herself guilty. The children were visited, noticed, and pitied. This en- couraged them to persevere, and other children, either from sympathy or the desire of similar attentions, exhibited similar contortions. A distracted old woman, and one who had been a long time confined to her bed, was added to the list of the accused ; and, in the progress of the infatuation, women of mature age united with the children in their accusations. The accused were multiplied in proportion to the accusers. Children accused their parents, and pa- rents their children. A word from those who were supposed to be afflicted occasioned the arrest of the devoted victim ; and so firmly convinced were the magistrates that the prince of darkness was in the midst of them, using human instruments to accom- plish his purposes, that the slightest testimony was deemed sufficient to justify a commitment for trial. The court, specially instituted for this purpose, held a session in June, and afterwards several others, by adjournment. Many were tm^l, and received sentence of death. A few pleaded guilty. Several were convicted upon testimony,^ which, at other times, would not have induced suspicion of an ordi- nary crime, and some upon testimony retracted after conviction. Nineteen were executed, and many yet remained to be -tried. At this stage of the proceedings the legislature established, by law, a permanent court, by which the other was superseded, and fixed a distant day for its first session, at Salem. In the mean time the accu- sations multiplied, and additional jails were required to hold the accused The impostors, hardened by impunity and success, ascended from decrepid old women to respectable characters, and at length, in their ravings, named ministers of the gospel, and even the wife of the governor. The community were thrown into consternation. Each felt alarm for himself, his family, and his friends. The shock roused them to reflection. They considered more closely the character of the ac- cusers ; the nature of the alleged crime ; the testi- mony often contradictory and never explicit; and more than all these, the high standing of some who were implicated ; and began to doubt whether they had not been too credulous and precipitate. At the next term the grand jury found indictments against fifty ; but on trial all were acquitted except three, and those the governor reprieved. He also directed that all who were in prison should be set at liberty. A belief, however, of the truth of the charges still lingered among the people, and pre- vented any prosecution of the impostors. That all were impostors, cannot be believed. Many- must have acted under the influence of a disordered ima- gination, which the attendant circumstances were well calculated to produce. Besides establishing courts of justice, the legisla UNITED -STATES. 287 ture, at its first session under the new charter, passed a law which indicates the same independent spirit that afterwards resisted the usurpations of the British parliament. It provided that no tax should be im- posed upon any of his Majesty's subjects, or their estates, in the province, but by the act and consent of the governor, council, and representatives of the people, in general court assembled. It is almost superfluous to say that this law was disallowed by the king. The war with the French and Indians, which be- gan in 1690, was not yet terminated. For seven years were the frontier settlements harassed by the savages ; and the English employed in expeditions against them. A history of these would consist only of repeated accounts of Indian cunning and barba- rity, and of English enterprize and fortitude. The peace of Ryswick was proclaimed in Boston, December 10, 1697. The war with the Indians did not immediately cease. The beginning of the next year, they shewed themselves at Kittery, where they killed an old man ; and at the same time they car- ried away three persons from York. In July, they appeared upon the western frontier and took three or four prisoners at Hatfield : but the French no longer daring to afford them assistance, they spent the rest of the year in contriving a peace. Upon intimations given by the Indians to any of the forts or outposts that they were disposed to peace, the English were very ready to embrace the offer. The principal object was the recovery of the captives, which at the end of the war had generally been numerous. In October, Major Convert and Captain Alden were sent to Penobscot to settle preliminaries ; one of which was to be the release of all prisoners, but no more could be obtained, on this head, than a promise to return all such as desired it ; the Indians refused to compel any who inclined to remain with them. In the winter, John Phillips, Esq., of the council, with Major Convers, and Cyprian South- ack, commander of the province galley, went with full powers to conclude a treaty. The Indians were not very nice in acknowledging their perfidy in such terms as the English prepared for them, and made such submissions and promises of future fide- lity as were desired. The treaty was in the same terms with that in 1693. Several captives were restored, and others were promised in the spring; but many remained, males and females, who min- gled with Indians, and contributed to promote a suc- cession of savages to exercise cruelties upon the English frontiers, in future wars, and perhaps upon some of their own relations. The leaving bounds to be settled between the English and French, upon the continent, by com- missaries, and the ambiguous terms made use of in treaties (perhaps artfully introduced by the French) have ever been the causes of new disputes between the two crowns ; and, in one instance at least, very soon brought on a new war. The peace ol Ryswick was scarcely proclaimed in New England, when the inhabitants were made sensible of the designs of the French to make themselves sole pro- prietors of the fishery, and to restrain the English from the possession of any part of the country con- tained in the Massachusetts charter to the eastward of Kennebeck. It was understood by the English court, that by the treaty of Ryswick, all tne country westward of St. Croix was to remain to the English, as being within the bounds of the province of Mas- sachusetts-Bay. The French court, immediately after the treaty, asserted an exclusive right to the fishery upon the sea coasts and to all the inland country A. French man of war, bound from France to Port royal, met one of the fishing vessels off Cape Sabels, sent for the skipper to come on board, and caused to be translated and read to him in English an order of the French king for seizing all English vessels found fishing on the coasts, and told him to five notice of this order to all other vessels. Ville- bon, governor of St. John's river, writes, soon after, to Mr. Stoughton, that he had orders, from the French king, his master, to take possession of, and defend the whole country as far as Kennebeck. The Norridgewock Indians, this year also, built a church, at their chief settlement upon Kennebeck river, which was complained of by the Massachusetts' government as a French encroachment; but we know not for what reason, except their having a French man for their priest can be thought one. Representations were made to the ministry, and the right of the English to the eastern country, as far as St. Croix, was insisted upon. The Lords of trade wrote thus to the Earl of Bellamont. " As to the boundaries, we have always insisted and shall insist upon the English right as far as the river St. Croix; but in the mean while, in relation to the encroachments of the French and their building a church on Kennebeck river, that seems to us a very proper occasion for your Lordship's urging the gene- ral assembly of the Massachusetts-Bay to rebuild the fort at Pemaquid, which they ought to have done long ago, and thereby they might have prevented this and many other inconveniences." The French persisted in their molestations of the English fishermen, and there seems to have been no great concern about it in the English ministry ; other greater affairs, in difference between the two crowns, engaged the attention, and brought on a new war ; and it was well they did, for it seems very probable that this dispute about the fishery would not have made a breach ; but if peace had continued, the French would have excluded the English, and this valuable branch once lost, might never have been recovered. King James, always under the influence of France, had relinquished his right to Acadia or Nova Scotia ; and although his governor (Andros) for the short time the king remained afterwards upon the throne, retained the possession of Pema- quid, and challenged a right to St. Croix; and although the friendship between the two monarchs might prevent any severity upon the English fishermen, yet the French insisted upon their right both to the country aad coasts. The war, upon the revolution, suspended' the dispute about title. At the treaty of Ryswick, England was not disposed to urge any points which would retard the peace ; and the French immediately after renewed the same claim they had made under King James. Lord Bellamont arrived at Boston from New York, May 26, 1699. A nobleman at the head of the government was a new thhig. All ranks of people exerted themselves to show him respect, and the appearance was so pompous, that his lordship thought it gave him good reason to expect a very honourable support from a province so well stocked with inhabitants, and in a state of so much affluence. He took every method to ingratiate himself with the people. He was condescending, affable, and cour- teous upon all occasions. He professed to be of the most moderate principles in religion and govern- ment ; although a churchman, yet far from the high church, and he attended the weekly lecture at Bos- 288 THE HISTORY OF AMERICA. ton with great reverence, and professed great regard and esteem for the preachers. He avoided all un- necessary contests with private persons, or with either branch of the legislature. His inclination led him to Mr. Dudley's enemies, but he did not neglect those who were friendly and attached to him. There was perfect harmony in the general court whilst he presided. There was something singular and unparliamentary in his form of proceeding in council; for he considered himself as at the head of the board in their legislative, as well as executive capacity. He concerned himself in all their debates, proposed all business, and frequently recommended to them to resolve into a committee upon bills or clauses in bills, and then, as the entries stand, he left the chair, and the committee (being ready to report) reassumed; nor did he think it proper they should act as a house of parliament in his absence ; but when detained at home, by messages from time to time, directed their going into a committee and preparing business against such time as he should be able to attend. This was guiding them in all their debates and resolves, as far as his influence would extend, which was not a little way ; and yet, afterwards, as a separate branch, he had his nega- tive upon all their proceedings which were not according to his mind. This irregularity does not seem to be the mere effect of his lordship's authority and influence over the council. The constitution under the new charter was not settled. They came off by degrees from their practice under the old charter. The governor, created by the people, used then to vote with the assistants ; and although he had no negative, yet he had a casting voice. Lord Bellamont finding this to have been the practice, and considering how much it increased his share in all acts of government, might be disposed to retain it. Experience taught, what was not at first con- ceived, the great difference between the privilege of proposing or originating and that of rejecting. In some succeeding administrations, it has given cause of exception and complaint when the governor has interested himself in the debates of the council, to influence their determinations and abridge them of that freedom, to which they are equally entitled with the other branches of the legislature. He was the first governor who imitated the lord lieutenant of Ireland in formal speeches, as the king's representa- tive, to the two houses of parliament ; copies of which were delivered to the speaker, and afterwards printed. Extracts from one or two, shew they were calculated ad captandum. The unfavourable senti- ments of the inhabitants in general, of the reign of the Stuarts, were well known to him; no subject could be more engaging than a censure upon that family. He concludes his first speech, which is a very long one, in this manner : " I should be want- ing to you and myself too, if I did not put you in mind of the indispensable duty and respect we owe the king, for being the glorious instrument of our deliverance from the odious fetters and chains of popery and tyranny, which has almost overwhelmed our consciences and subverted all our civil rights. There is something that is godlike in what the king hath done for us. The works of redemption and preservation come next to that of creation. I would not be misunderstood, so as to be thought to rob God of the glory of that stupendous act of his provi- dence, in bringing to pass the late happy and won- derful revolution in England. His blessed work it was, without doubt, and he was pleased to make king William, immediately, the author and instrument >f it. Ever since the year 1602, England has had i succession of kings, who have been aliens in this espect, that they have not fought our battles nor ieen in our interests, but have been, in an unna- ural manner, plotting and contriving to undermine and subvert our religion, laws, and liberties, till God was pleased, by his infinite power and mercy and goodness, to give us a true English king, in the >erson of his present majesty, who has, upon all occasions, hazarded his royal person in the fronts of our battles, and wHere there was most danger ; he las restored to our nation the almost lost character f bravery and valour ; and, what is most valuable if all, his majesty is entirely in the interest of his >eople. It is therefore our duty and interest to pray ,o God, in the most fervent manner, that he would )less our great king William with a long and pros- perous reign over us, to which I am persuaded, you hat are present and all good people will heartily say amen." His last speech had expressions, strong enough, upon the same strain. " The parting with Canada to the French, and the eastern country called Acadia or Nova Scotia, with the noble fishery on that coast, were most execrable treacheries to England, and intended, without doubt, to serve the ends of popery. It is too well known what interest that ting favoured who parted with Nova Scotia, and of what religion he died." By avoiding offence to particular persons, and by a general conformity to the cast or prevailing dispo- sition of the people, his lordship obtained a larger sum as a salary and gratuity, not only than any of liis predecessors, but also than any who succeeded him, when the inhabitants were more numerous and more opulent, and money compared with the neces- saries of life had become less valuable ; for he re- mained but fourteen months in the province, and the grants made by the general court amounted to 2500 J. lawful money, or 1875J. sterling. His time was much taken up in securing the pirates and their effects, which, as was supposed, was the great inducement with the king to send him to America. Before his arrival in Boston, several suspected persons had been seized. After thirty or forty years indulgence, there succeeded a general abhorrence of buccaneering ; and the buccaneers, or freebooters, were hunted from one colony to another. A large sum of money was seized in the possession of one Smith, part of it foreign coins and the impres- sions unintelligible ; and he was brought upon trial, but the evidence produced being insufficient to sa- tisfy the jury, he was acquitted. About the same time one Bradish was appre- hended. He had been boatswain's mate of a ship fitted out by merchants and tradesmen of London to India, in the interloping trade. The crew turned pirates ; and, having left the master ashore at Polo- nais, gave the command to Bradish. They came to America, and lodged large sums of money and goods with persons upon Long Island and other places within and near to the government of New York, and then dispersed ; some to Connecticut, others to Massachusetts, where Bradish was taken and others of his crew, and sent to England. The vigi- lance used in pursuing and apprehending them, ap- pears from the account Mr. Stoughton transmitted to the secretary of state. But Kidd was his lordship's chief object. His own reputation and that of seve- ral of his friends depended upon his seizure, that being the only effectual way of removing the jealousies and unjust surmises, not only against several of the UNITED STATE*. tfuni&ry, but even against the king himself. In order to suppress the piracies committed by English subjects in India, &c., it was thought proper to fit out a ship for that special purpose. Lord Rumney, Sommers and others, became adventurers, to the amount of six thousand pounds sterling, and a grant was made to them of all captures, saving one-tenth only reserved to the king. Lord Bellamont seems to have had the principal direction. Upon enquiry for a proper commander, Mr. Livingstone, a princi- pal inhabitant of New York, being then in London, recommended Kidd, who had sailed out of New York, and having a family there, no question was made of his attachment to it, and there was no sus- picion of his ever turning pirate himself. From London he went first to New York, where he broke through the instructions he had received, shipping his men upon new terms ; and when he arrived in India, not only connived at and suffered to continue, a known pirate vessel, but committed divers alarm- ing acts of piracy himself, to the endangering the amity subsisting between the East India Company and the princes in that part of the world. The least said by the enemies of the administration was, that from a greedy desire of gain, an ill-judged measure had been engaged in, which would be attended with very mischievous consequences, and the malice of some insinuated a criminal intention in the under- taking. Where Kidd would seek an asylum was uncer- tain. Strangely infatuated, he came from Mada- gascar to Boston, and made a bold open appearance there, July 1, this year, and some of his crew with him. On the 3rd he was sent for by the governor and examined before the council. What account he could give of himself does not now appear, but he was not immediately committed, and only ordered to draw up a narrative of his proceedings ; which ne- glecting to do in the time assigned him, on the 6th he was apprehended and committed to prison. Being a very resolute fellow, when the officer arrested him in his lodgings, he attempted to draw his sword, but a young gentleman, who accompanied the officer, laying hold of his arm, prevented him, and he sub- mitted. Several of his men were secured at the same time, and advice having been sent to England, it was thought an affair of so much importance, that a man of war was sent to carry them there ; where Kidd, Bradish. and divers others were condemned and executed. The party writers in England pre- tended, that after Kidd's arrival he had assurance from some anti-courtiers, who examined him in pri- son, that his life should be spared if he would accuse his employers, but that he was not bad enough to comply with such a proposal. Lord Bellamont held two sessions of the general court this year; the first, the anniversary for the election of councillors, the latter the 31st of March following, occasioned by a general rumour through the colonies, that the Indians (from all quarters, not only those upon the frontiers, but those who were scattered through the towus in the several colonies) had united and agreed, at an appointed time, to fall upon the English in order to a total extirpation. The Indiana were no less alarmed with a report that the king had withdrawn his protection from them, and ordered his subjects to unite in their de- struction. These reports were supposed to have been raised by evil-minded persons among the Eng- lish or Dutch ; but it is more probable, the Indians of the six nations, to obtain the presents which accompanied all treaties between the English and THE HISTOKT OF AMERICA Nos. 37 & 38. them, were the contrivers and managers of the whole affair. (1699.) Such was the consternation in the Massachusetts, that several acts passed the general court for levying soldiers ; for punishing mutiny and desertion ; or holding all the militia in readiness to march ; and for enabling the governor to march them out of the province, which, by charter, he wa re- strained from without an act of assembly. AST it happened, there was no occasion for carrying these laws into execution; the general terror subsiding soon after. Soon after the session of the general court in May 1 700, Lord Bellamont took his leave of the Massa- chusetts, and went to New York, where he died the 5th of March following. Mr. Stoughton took the chair again, with reluctance. His advanced age and declining state of health made him fond of ease and retirement. As soon as the news of the governor's death reached England, Mr. Dudley renewed his solicita- tions with fresh vigour, for a post which he never lost sight of. By the interest of Lord Cults, and the condescension of Lord Weymouth, whose son-in- law was a competitor, he was chosen member for Newtown in Southampton county, in King William's last parliament. This, with the place of lieut.-go- vernor of the Isle of Wight, \vas to be preferred to all he could expect in New England, if it had not been his native country ; but he had a passion for layiug his bones there, which equalled that of the ancient Athenians, and which he could not help mentioning to every New England man who paid him a visit ; as many frequently would do, from Portsmouth, where they were often detained for convoy. (1701.) When Sir Richard Onslow and Mr. Har- ley were competitors for the Speaker's place, his in- clination led him to the latter, from whom he had re- ceived favours; but his favourite object, which he was then pursuing, obliged him to comply with the court and vote for the former. He made use of the dissenting interest in England to obtain his commission, and to recommend him to his countrymen upon his arri- val. There was another difficulty still remaining, the king was not willing to appoint a governor, who he knew had been very obnoxious to the people. A petition was therefore procured from such persons belonging to the Massachusetts as were then in London, and from the principal New-England mer- chants, praying that Mr. Dudley might be appointed governor. He had also the address to reconcile himself to Mr. Mather the younger, and to obtain from him a letter favouring his cause, which he made known to the king, and which removed his objection ; and although Lord Cornbury, a near re- lation of the Queen and the Princess Ann, being appointed for New York, expected Massachusetts also, yet Mr. Dudley prevailed; and his commission passed the seals. The king's death, a few months after, caused him the trouble of taking out a new commission from the queen, but he had the unusual favour shown him of remitting most if not all the fees. Whilst these things were transacting in England, the lieut.-governor, Mr. Stoughton, died, in May (1702), at his house in Dorchester. The admini- stration for the first time devolved upon the council. Some manuscript minutes and letters, which we have seen, about the time and after the settlement of the charter, take it for granted, that upon the death or absence of the governor and lieut.-governor, the senior counsellor would preside, and an instruction THE HISTORY OF AMERICA. from the crown has been given for that purpose; but the expression in the charter, if it will admit of this construction, does not favour it : we must not wonder, therefore, that twenty-seven counsellors did not readily give up their share in the administration lo him that happened to be the eldest. It is a defect in the constitution, for although, for certain pur- poses, seven counsellors make a quorum, yet in all acts, as commanders in chief, it has been judged necessary that fifteen (or a majority of the whole number) should give their consent. This must be extremely inconvenient, especially in time of war, when despatch often, and secresy sometimes, are of great importance. Mr. Stoughton's father was esteemed by the peo- ple ; was commander in chief of the forces of the colony in the first war against the Pequod Indians, and after that many years a magistrate; and of a considerable estate for those times. This circum- stance caused his own natural endowments, which were cultivated and improved by the best education the country afforded, to be more observed and va- lued. He was, in early life, a candidate for the mi- nistry ; but the people judged him proper to take his father's place as a magistrate; then employed him as their agent in England ; and urged him a second time to engage in the same service. It is no blemish in his character that he had many opposers. Every man, who makes it more his aim to serve than to please the people, may expect it. From the obser- vations he made in his agency, he was convinced it was to no purpose to oppose the demands of King Charles ; and from the example of the corporations in England, he was for surrendering the charter rather than to suffer a judgment or decree against it. In such case a more favourable administration might be expected to succeed it, and in better times there would be a greater chance for re-assuming it. He consented to act as one of the council under Sir Edmund Andros, in hopes, by that means, to render the new form of government more easy. By this step he lost the favour of the people, and yet did not obtain the confidence of the governor, who would willingly have been rid of him, seldom con- sulted him, and by the influence he had over the majority of the council, generally carried the votes against his mind. He joined upon the revolution with the old magistrates, who made no scruple of receiving him, in re-assuming the government; but upon the election afterwards made by the people he did not obtain a vote. At the desire of the council and representatives he drew up a narrative of the proceedings of Sir Edmund and his accomplices, signed by him and several others of the council ; in which they modestly take exception to many things in the administration, and exculpate themselves from any share in them. He was nine years lieut.-go- vernor, and six of them commander in chief; had experienced the two extremes of popular and abso- lute government ; and not only himself approved of a mean between both, but was better qualified to re- commend it, by a discreet administration, to the people of the province. He died a bachelor. , In- stead of children, he saw, before his death, a college reared at his expense, which took the name of Stoughton-hall. He had good reason to think it would transmit a grateful remembrance of his name to succeeding ages. Sir Henry Ashurst and Constantine Phipps had continued agents for the province, in England, for ten years together. Divers attempts had been made by IVtr. Mather's friends to send him again to Eng- and jn the service of the province ; and after Mr. Stoughton's death the two houses came to a resolu- tion to choose some person in the province, and send aim to England as their agent ; and a great interest s made that Mr. Mather might be the man ; but it lappened that Mr. Cooke, who had not forgot their former difference when joint agents, stood as well with the assembly at this time as he had ever done, and had influence enough to prevent Mr. Mather from succeeding. The choice fell upon Waitstill Winthrop, grandson to the first governor of the Massachusetts, and son to the first governor of Con- necticut, and who, either out of respect to his family or for some other reason which does not now appear, was considered as president of the council, although there were many who, by priority of appointment, the rule generally observed, should have preceded him. The French claim to the country east of the river Kennebeck, and to an exclusive fishery upon the sea coast, were the reasons publicly assigned for the choice of an agent at this time, and an address to the king had passed the council and assembly, and Mr. Winthrop's instructions were prepared. These proceedings of the French were really alarming. The professed reasons, however, were not the true reasons. Mr. Dudley's solicitations for the govern- ment were known, and although his interest in the province was increasing, yet a majority of the court had a very ill opinion of him. Mr. Wiuthrop was a good sort of man, and although he was of a genius rather inferior to either of his ancestors, yet he was popular 1 , and the party against Mr. Dudley wished to have him governor. They flattered themselves that his being acceptable to the country would, toge- ther with his family and his estate, both w r hich were of the first rate, be sufficient to recommend him, but they were mistaken. Winthrop was a plain honest man. Dudley had been many years well acquainted with the customs and manners of a court, and would have been more than a match for him. Just as he was about to embark, news came that Mr. Dudley was appointed governor, and Thomas Povey lieut.- governor. The reason of Mr. Winthrop's appoint- ment to the agency immediately appeared. The vote for his instructions was reconsidered, and his voyage laid aside. It was thought proper, however, that the address to the king should be forwarded. This was sent to Mr. Phipps. A second address ac- companied it, occasioned by advice of a bill being brought into the House of Lords for dissolving charter governments. It is not probable that the Massachusetts charter was the special occasion of this bill. It differs so little from the commissions in the royal governments, as they are called, as not to be worth notice. Aboxit this time, or a little before, the spirit against the king had caused the re-assump- tion of many grants which he had made of pri- vate estates. If there was a special prejudice against colony charters, it is probable the charter to Penn- sylvania was the most exceptionable. The proprie- tor was obnoxious, had absconded a few years be- fore upon a suspicion of treasonable practices, and was still under a cloud. The Massachusetts instruct their agents as follows : " As to the bill said to be lying before the House of Lords, for the dissolving charter governments in the plantations, we intreat you to be very watchful in that matter, and use ut- most diligence, by all convenient means, to prevent our being comprehended in or concluded by the same. Our circumstances are different frjom those of other plantations under charter government, our UNITED STATES. 291 first settlement being wholly at our own cost and charge, and by our present settlement we are already reduced to a more immediate dependence on the crown, h-is majesty having reserved to himself the nomination of our governor, lieut governor, and secretary, and a negative on our laws." In their address to the kiug they thus express themselves : " And forasmuch as we are given to understand that, through the suggestions of some persons no well affected to charter governments, a bill has been preferred in the House of Lords for vacating char ter and proprietary governments within your majes ty's plantations, we in all submission crave leave humbly to pray your majesty's grace and favour to wards your good subjects within this your province that no such suggestions may make an impression in your royal breast to deprive us of those privileges which we enjoy under your majesty's most gracious grant, and that we may not be included in any such act to our prejudice, without having opportunity given us of being heard and speaking for ourselves." The bill was dropped in the House of Lords, and war with France being every day expected, the long- est sword was to determine the points complained of in the first address. The sending these addresses to Phipps was grievous to Ashurst. Although he had not very shining ta- lents, yet being a member of parliament, having a great family interest, and being an honest man and conscientious in the discharge of his trust, he had been very serviceable to the province. He had, how- ever, the fate of most agents. As soon as the party against him found they were strong enough they left him out of the agency, and he made frequent com- plaints that they had slighted his services and ne- glected giving him an adequate reward. All the agents who had been employed before him, except Mr. Winslow, were unsuccessful ; and several, pro- bably for that reason, thought unfaithful. The first who were employed were Weld, Peters, and I lib- bins, in 1640. They borrowed money for the service of the colony, and proper care not being taken by the government, for the payment, these agents for several years after, were contending about the pro- portion in which they should pay it themselves. Winslow, who went over in 1646, soon found more profitable employment, but his allowance was so Ecant from the colony, that the corporation for pro- pagating the gospel among the Indians allowed him 130/. sterling for promoting that design, but wrote to the government that it ought to be restored. Brad- street and Norton were sent in 1660. Norton laid the reproaches he met with so much to heart as to affect his health and shorten his life. In 1677, Stoughton and Bulkley were employed, and soon after their return it was said by those who charged Bulkley with too great compliance with court mea- sures, that his sun set in a cloud. He died of me- lancholy. Stoughton was reproached, and although he had a majority of the court in his favour, he could not be prevailed on to risk his reputation a second time. Dudley and Richards were the next, in 1682. The former managed the whole business, and bore the whole blame, but being of a very different tem- per from some of his predecessors, instead of laying to heart the slight of his countrymen, he was politic enough to improve frowns at home to procure favours from abroad. Mather, Cooke, and Oakes were em- ployed to solicit the restoration of the first charter. In this they failed, Mather without the consent of his brethren accepted the present charter, and al- though, at first, a majority of the court acknowledged his merit, the opposite party soon after prevailed, and he failed of his expected reward, and complained all his life of the ingratitude of his countrymen, after having spent not only his time but part of his estate in public service. We would draw a veil over our transactions relative to agents, if the obligations due to truth would permit. Errors and failings, as well as laudable deeds, in past ages, may be rendered useful, by exciting posterity to avoid the one and to imitate the other. From the arrival of Governor Dudley, in 1 702, to the arrival of Governor Shute, in 1716. Mr. Dudley was received with ceremony and marks of respect, even by those who had been his greatest opposers in the reign of King James. Win- throp, Cooke, Hutchinson, Foster, Addington, Rus- sell, Phillips, Browne, Sargent, and others, who had been of the council which committed him to prison, where he lay twenty weeks, were of the council when he arrived. Upon such political changes a general amnesty is oftentimes advisable and necessary. The affront and insult shown by Louis XIV., not only to the prince upon the throne, but to the Eng- lish nation, in proclaiming another person king, had rendered a war with France inevitable, before the governor left England. The news of its being pro- claimed arrived in a few weeks after him. Nothing less could be expected than a war with the Indiana also. Ever since the peace, in 1698, the governor of Canada, by his emissaries, had been continually exciting them to hostilities ; and justified himself upon this principle, that the Indians having cast themselves upon the French long since, as their protectors, and being proprietors of the eastern country, where the English had usurped a jurisdic- tion, which as far westward as Kennebeck rightfully belonged to the French, the English therefore were to be considered as intruders and invaders upon the jurisdiction of the French and upon the property of the Indians. The governor, the first summer, visited all the eastern frontiers as far as Pemaquid; taking such gentlemen of the general court with him as he thought proper ; met the delegates from the Indian tribes, and confirmed the former treaties which had been made. lie had recommended, in his first speech to the assembly, the rebuilding the fort at Pemaquid; and the gentlemen who accompanied him east reported in favour of it, and their report was accepted by the council ; but the house con- tinued of the same mind they had formerly been, urging that all the n.oney they could raise would be wanted for other services more necessary than that, and refused to comply with the governor's proposal. His heart was set upon it ; the ministry continued heir prejudice in favour of this particular spot, and t is net improbable that he had given himself encou- ragement he should be able to carry a point, which his predecessors could not, and therefore was the more mortified at the failure. The Indians, upon the Massachusetts frontiers, continued quiet this year, but the Nova-Scotia In- dians seized throe of the fishing vessels belonging to ;his province, upon a report that war was declared. The council attempted to recover them, and by the nterposition of Bruillon, governor of Nova Scotia, ,wo, if not the third, were restored. (1703.) At the first election Mr. Dudley treated he house more cavalierly than Sir William Phipps or jord BeJlamont had ever done. After the list of coun- cilors elect had been presented. " A message wat 2P2 29'2 THE HISTORY OF AMERICA sent from his Excellency to desire Mr. Speaker ami the house forthwith to attend him in the council chamber; and Mr. Speaker and the house being come up, his excellency observed to them, that in their list of elections, presented to him, he took no- tice that there were several gentlemen left out who were of the council last year, who were of good abi- lity, for estate and otherwise, to serve her majesty and well disposed thereto, and that some others who were new elected, were not so well qualified ; some of them being of little or mean estate; and withal signified, that he should expunge five of the names in their list, viz., Elisha Cooke, and Peter Sargent. Esqrs., Mr. Thomas Oakes, Mr. John Saffin, and Mr. John Bradford, and dismissed the house, who returned to their chamber." Cooke had been of the council nine or ten years, had been assistant before the revolution, married a daughter of governor Le- veret, and was allied to the best families in the pro- vince, had a better estate than the governor him- self, but then he had been agent in England, and discovered greater zeal for prosecuting the com- plaints against Andros, Dudley, &c., than any of his fellow agents. Sargent had married the relict of Sir William Phipps. Oakes had been one of the agents in England also, and under the direction of Cooke. Baffin was a principal inhabitant of Bris- tol (the father of Thomas Saffin, of Stepney church- yard, whose memory the author of the Spectator has immortalized), and Bradford was grandson of the first worthy governor of Plymouth. - There had been but one instance of the gover- nor's refusal of a counsellor, since the charter. The right of refusal could not be disputed. Had the power been frequently exercised less exception would have been taken to this instance ; but the h;fig disuse of it caused the re-assumption of it upon so many persons at once, to be more disagreeable. Oakes was of the house, and notwithstanding the negative as a counsellor, remained there; and if he could be of any consequence, this would add to his weight. Lord Cornbury, governor of New York, some time in the month of May advised Mr. Dudley of an army of French and Indians, intending to make a descent upon Deerfield, in the Massachusetts pro- vince. The intelligence was brought to Albany by- some of the praying or christianized Mohawks, who had been to visit their friends at Cagnawaga, in Canada, who formerly had belonged to the same village, about forty miles from Albany. This de- sign was not immediately carried into execution. Whilst every one was fearing hostilities from the Indians, several Englishmen, pretending friendship to Castine, son of the Baron de St. Castine, by an Indian woman, who now lived at Penobscot, plun- dered his house, &c., and made great spoil. Upon bis complaint to the government, he was assured the action should not go without due punishment, and that restitution should be made. About the same time the Indians did mischief to some of the people of Kennebeck : which action was first cannot be as- certained. Perhaps neither of them was from re- sentment or revenge for the other. Before the end of the year, the blow threatened in the beginning of it, was struck upon Deerfield. This was the most remote settlement upon Connec- ticut river, except a few families at Squakheag or Northfield adjoining to it- Deerfield, being easiest of access of any place upon the river, had often suf- fered by small parties. In 1697 an attempt was made upon it, but failed of success through the vigi. lance and bravery of tho inhabitants, with Mr, Williams their minister at their head. Colonel Schuyler, of Albany, had obtained information of the designs of the enemy upon it this year, and gave notice seasonable enough to put the people upon their guard. It was afterwards thought re- markable, that the minister had it strongly hn- Sressed upon his mind that the town would !>. estroyed. It would not have been very strang< if this impression had never been off his mind. He warned his people of it in his sermons, but too many made light of the intelligence, and of the impressions which naturally followed. The govern- ment, upon his application, ordered twenty soldiers as a guard. The party, which had been fitted out at Canada, consisted of about 300 French and In- dians, under Hertel de Rouville, who had four bro- thers with him ; their father had been a noted par- tisan, but was now unable to take so long a march. They came upon the town the night after the '28th of February. In the fore part of the night, and until about two hours before day, the watch kept the streets ; and then unfortunately went all to sleep. The enemy, who had been hovering about them, and kept continually reconnoitring, perceived all to be quiet, and first surprised the fort or principal garrison house. The snow was so high, in drifts, that they had no difficulty in jumping over the walls. Another party broke into the house of Mr Williams, the minister, who, rising from his bod. discovered near twenty entering. He expected im- mediate death, but had the firmness of mind to take down a pistol, which he always kept loaded upon his tester, and to present it to the breast of the first Indian who came up to him. The pistol, fortunately for Mr. Williams, snapped only and missed fire. Had he killed the Indian, his own life no doubt would have been taken in revenge. Being, in effect, disarmed, he was seized and pinioned, and kept standing, in his shirt only, in that cold season, the space of an hour. In 'the mean time his house was plundered, and two of his children and a negro woman murdered. His wife and five other children were suffered to put on their clothes, and then he himself was allowed to dress and prepare for a long march. Other parties fell upon other houses in the town, and slew about forty persons, and made about a hundred more prisoners. The sun being about an hour high, the enemy had finished their work, and took their departure, leaving all the houses, outhouses, &c. in flames. Mrs. Williams had scarcely reco- vered from her lying in, and was in a weak state. The enemy made all the haste they could, lest a su- perior force should overtake them. The second day she let her husband know she was unable to travel any farther as fast as they did. He knew the con- sequence, and would gladly have remained with her and assisted her ; but they had different masters, and leave could not be obtained, and he was carried from her, and soon after heard that her master had sunk his hatchet into her brains. One cannot easily conceive of greater distress, than what an affection- ate husband must then have felt. About twenty more of the prisoners, in their travel towards Cana- da, gave out and were killed also. They were twen- ty-five days between Deerfield and Chambli, depend- ing upon hunting for their support as they travelled. Vaudreuil, the French governor of Canada, treated these prisoners with humanity; and although the Indians have been encouraged, by premiums upon prisoners and scalps to Jay waste tie English fror- UNITED STATES. 293 tiers, yet the captives, who have been carried to Canada, have often received very kind usage from the French inhabitants. The unfortunate provinces of Massachusetts-bay and New Hampshire, were the only people upon the continent against whom the French and Indians, during a ten years' war, exerted their strength. Connecticut and Rhode-Island were covered by the Massachusetts. New York took care of themselves, and of the colonies south of them, by a neutrality which the Iroquois or six nations (influenced by those who had the direction of Indian affairs) en- gaged to observe between the English and French. This was, in effect, a neutrality between the French and the English governments to the southward of New England. Nothing could be more acceptable to the Canadians. The New England governments felt the terrible consequences. Charlevoix gives this account of it. " Teganissorens arrived, a little while after, at Montreal, and, in the conference which hj had with the commander in chief, he ap- peared at first to be out of humour, which boded ill to the business h:; came upon. The Europeans, says he, are an out of the way people ; after they have made peace, one with another, they go to war again, for mere nothing at all. This is not our practice ; after we have once signed to a treaty there must be some very strong reasons to induce us to break it. He went on and declared that his nation should not engage in a war which they did not approve of, nei- ther on one side nor the other. Mons. de Vaudreuil let Teganissorens know that he desired nothing fur- ther ; and that the Iroquois might have no pretence to break so advantageous a neutrality, he deter- mined to send out no parties towards New York." Again upon another occasion, "At all events, the six nations, and especially the Tsononheans were resolved strictly to observe the neutrality which they had sworn, and of which they began to feel the be- nefit ; but you shall see that they were much set upon including the English, that they might be consi- dered as mediators between them and us. Mr. Vau- dreuil, who had very early seen through their de- sign, had acquainted the court with it, and received for answer, that if he was able to carry on the war io advantage without putting the crown to any ex- traordinary expense, he should reject the proposals of the Iroquois ; otherwise he might settle a neu- trality for America upon the best terms he could, but that it was not for his majesty's honour that his governor and lieutenant general should be the first mover of it. The minister added, that he thought it would be most proper for the missionaries to let the Indians know that the French did not desire to disturb the peace ofthe country ; thatalthough they were very well able to carry on a vigorous war, yet they preferred the quiet of Canada to all the advantages they might reap from the superiority of their arms ; and if the six nations, convinced that this was our disposition, should cause the Eng- lish to ask a neutrality for their colonies, M. Vau- dreuil might consider of it; but that he should not come to a conclusion without orders from the king." It is true Charlevoix says, that " the Boston- eers would have obtained the same thing from the Abcnaquis or eastern Indians." It is certain that the Massachusetts government would have been content (provided the eastern Indians had continued a peace with the English) that they should not be obliged to go to war against the French ; but the Massachusetts, in all their treaties with the eastern Indians, made peace for the other governments as well as for themselves ; and hostilities against Con- necticut or New York would have been deemed a breach of the peace, as well as those against th* Massachusetts ; whereas the New Yorkers, or rather the Albanians, suffered the Canada Indians to g.o through their province and fall upon any of the frontiers, without looking upon it to be a breach of the neutrality, and carried on great trade both with French and Indians, at the same time; and some- times the plunder made in the county of Hampshire became merchandize in Albany. Some of the best people detested such proceedings, particularly Col. John Schuyler, of Albany ; who, by means of the Indians of the six nations in the English interest, informed himself of the intended expeditions of the French and French Indians, and gave frequent notice to the people upon the frontiers to be upon their guard ; but most of the inroads made upon it he had it not in his power to discover. That the French might improve this plan to greater advantage, they drew off, about this time, a great number of the Abenaquis families from Pen- obscot, Norridgewock Saco, Pigwacket, &c. and set- tled them at Becancour and St. Francois, in Ca- nada, where they were known to the English by the name of St. Francois Indians. Here they were under the constant direction of the governor of Canada, and were sent out, froau time to time, witk parties of the six nations in the French interest and French Canadians, to massacre the men, women, and children upon the east and west frontiers. Charlevoix says, " they were intended as a barrier against the inroads of the six nations, in case of a future war between them and the French." The Massachusetts, thus harassed and perplexed, thought it necessary to remain no longer on the defensive only ; and, in the fall, sent out three or four hundred men to a noted settlement of the In- dians at Pigwacket, and another party to the ponds, Ossapy, &c. upon the back ofthe eastern frontier; but neither party met with the enemy. Soon after, Colonel March going out with another party, killed and took about a dozen of the enemy. This mea- sure not answering expectation ; to encourage small parties of the English to go out and hunt the Indi- ans, the general court promised a bounty or reward, no less than forty pounds, for every Indian scalp. Captain Twyng went out in the winter and brought in live. (1704.) In the spring, another project was tried. About an hundred Indians were obtained from Con- necticut and posted at Berwick, in the county of York ; but these Indians were not only strangers to the woods, and wholly ignorant of the frontiers of Ca- nada, but by long living in a depressed state among the English, were dispirited, enervated and unfit for this service, and nothing remarkable was ef- fected. Had not the six nations been restrained, parties of them, harassing the French settlements, would have induced the French, for their own pre- servation, to have suffered the frontiers of New England, as well as New York, to have remained unmolested. All these attempts failing, a still more expensive undertaking was agreed on. It was supposed that an army, to sweep the coast and country from Pis- cataqua river to Nova Scotia, would strike terror into the Indians and bring them to reason. Colonel Church, noted for his exploits in former wars, es- pecially in Philip's war, was pitched upon to com- mand in this expedition, and had orders to enlist as many as he could,, both of English and Indians, 294 THE HISTORY OF AMERICA. who had been in service before. This is called, by Charlevoix, an expedition against Port Royal; but Church was instructed not to make any attempt against the Fort there, and to ravage the country only. Mr. Dudley had intimations of the queen's intention, to send ships the next year for the re- duction of that fortress. Church had 550 soldiers under him, in fourteen small transports, and was provided with thirty-six whaleboats, and convoyed by the Jersey man of war, of forty-eight, the Gosport of thirty-two, and the Province Snow of fourteen guns. He stopped first at Montinicus, and sent two of his boats to Green- Island, where he took four or five French and In- dians, who served him for pilots up Penobscot river and to the Indian settlements there. In this river he killed and took captive many of the enemy ; among the captives were Castine's daughter and her children, her husband and father being gone to France, where Castine had an estate upon which he lived after he left America. The transports lay at Mount Desart. Church, having taken from them a fresh supply of provisions, went in the boats up the western Passimaquady. In the harbour he found only a French woman and her children, upon an island, and another family upon the main, near to it. He then went up the river, where he took prisoners, Gourdon a French officer and his family, who lived in a small cottage. Church seeing some of his men hovering over another hut, he called to them to know what they were doing ; and upon their reply, that there were people in the house who would not come out, he, hastily, bid his men knock them on the head ; which order they immediately observed. He was much blamed for this, after his return, and excused himself but indifferently. He feared the enemy might fall upon his men, who he saw were off their guard, which put him in a passion. He went as high up the river as the falls, taking or de- ^?troying all in his way ; missed Chartiers, another French officer who lived or was posted there. The transports took in the forces at the harbour or mouth of the river and carried them to Menis ; the men of war standing for Port-royal. At Menis, he met with some opposition, the enemy firing from the banks as he rowed up the river to the town ; but he lost none of his men. They found plenty, not only of fresh provisions but good liquor in the town, which occasioned such disorders among the men, especially the Indians, that it was necessary to stave all the casks which had an/ wine or spirits in them, and it was done accordingly. Here, the lieutenant of Church's own company, Barker (Charlevoix calls him the lieutenant general) and one man more were shot down, which were all that were lost in the ex- pedition. After plundering the inhabitants of all their goods, they set the town on fire, and then em- barked on board the transports. The inhabitants of a village, upon another branch of the river, sup- posed the English to be gone, and that they should escape; but Church went back with his boats, and, going up this branch, came unexpectedly upon the village and took what prisoners he had a mind to, and among the rest, two gentlemen who had been sent by the governor of Port-royal to bring two companies of soldiers for the defence of the place against the men of war which appeared in the gut. Church gave the gentlemen leave to return, for the sake of sending a message by them to the governor, to desire him to acquaint the governor of Canada, that if he did not prevent his French and Indians from committing such barbarities upon poor helpless women and children, as the people of Deerficld had suffered the last year, he would return with a thou- sand Indians and let them loose upon the frontiers of Canada to commit the like barbarities there. This the French governor must know to be a gas- conade. The forces, after this, went up what is called the eastern river and destroyed the settlements there, and then returned to the transports, and joined the men of war at Port-royal; where it was agreed, both by sea and land officers, that no attempt should be made. The men of war returned to Mount Desart harbour, and Church with his transports, went up to Chignecto. The inhabitants all lied, taking with them as much of their substance as they could carry away; the rest they left to the mercy of the English, who laid all waste. From Chignecto they went to Mount Desart ; the men of war being gone to Boston, the transports followed; and stopping at Casco-bay, Church found orders lodged there, from the governor, to go up Kenne- beck river as far as Norridgewock fort ; but having intelligence that it was deserted and his men having undergone much fatigue, he thought it best to re- turn home. This expedition Mr. Dudley supposes, in his speech to the assembly, struck great terror into the Indians, and drove them from the frontiers ; but it appears from Church's journal, that the poor Acadians, who had been so often ravaged before, were the principal sufferers now, and that the Indians were little or nothing annoyed. An exploit of Caleb Lyman of Northampton, de- serves to be recorded. Hearing of a small party of Indians at Cohoss, far up Connecticut river, he went out with only five friend Indians, and, after nine or ten days travel, came upon the enemy In- dians in the night, killed seven out of nine, and the other two escaped, but wounded. This may be placed among the favourable years ; but the frontiers were not without annoyance. In April an Indian scout killed Edward Taylor at Lamprey river and carried his wife and child to Canada ; Major Hilton with twenty men pursuing without overtaking them. They lay in wait to take Major Waldron at Cochecho, but missed him, carry- ing off one of his servants in his stead. July 31. About four hundred, French and Indians, fell upon Lancaster, and assaulted six garrison houses at the same time, which made a brave c/ofence. They burned many other dwelling houses and the meeting house. An alarm was soon spread, and three hun- dred men were in the town before night, who en- gaged the enemy with some loss on both sides. The beginning of August, a party of the enemy, ly- ing in wait, fired upon a small scout going from Northampton to Westfield, killed one man and took two prisoners; but more of the forces being behind, they came up, retook the two men, and killed two of the Indians. Soon after, they killed lieutenant Wyler and several others at Groton, and at a plan- tation called Natheway. Almsbury, Haverill and Yoik, in the Massa- chusetts and Exeter, Dover and Oyster river, in New-Hampshire, suffered more or less, this summer, by the enemy. The licentious practice, indulged among the sea- men, of making depredations upon foreign nations in the east and west Indies was not wholly sup- pressed. John Quelch (who had been master of the brigantine Charles, and had committed many piratical acts upon the coast of India) came with UNITED STATES. 295 several of his crew and landed, some in one part of New England, some in another. Quelch and six more were condemned at Boston and executed. Some were admitted to be witnesses for the king, some reprieved, and some pardoned. The gover- nor, upon this occasion, found old prejudices against him reviving. Reports were spread, of large sums of money falling into the hands of the governor and of his son, the queen's advocate, which however groundless easily obtained credit. Mr. Dudley's" principles, in government, were too high for the Massachusetts people. He found it very difficult to maintain what appealed to him to be the just prerogative of the crown, and at the same time to recover and preserve the esteem of the country. The government had been so popular under the old charter, that the excercise of the powers reserved to the crown by the new charter was submitted to with reluctance. Sir William Phipps was under the influence of some of his council and some of the ministers of note, and suffered re- mains of customs under the old form, hardly con- sistent with the new. Mr. Stoughton expecting every day to be superseded, avoided all occasions of controversy. Lord Bellamont, indeed, in some in- stances, assumed more than he had right to. His quality and the high esteem, at first, conceived of him, prevented any controversies, during his very short administration. Mr. Dudley set out, with re- solution, to maintain his authority. The people were more jealous of him than they would have been of any other person. His negativing five of the council, the first election, was an unpopular stroke. The next year (1704) the two houses chose again two of the negatived persons, Mr. Cooke, and Mr. Sargent, and the governor again refused to approve of them. They were such favourites of the house, that the speaker, the house being present, addressed his excellency and prayed him to reconsider his ne- gative, and to approve'of the choice. This was out .of character, and the house dishonoured themselves .and had the mortification of being denied. This year, neither of the persons were chosen of the coun- cil, but one of them, Mr. Oakes, being chosen speaker of the house, upon the governor's being ac- quainted therewith, he signified to the house that he disapproved of their choice, and directed them to proceed in the choice of another, which they refused to do. It had been always the practice, for the gov- ernor to give directions to the two houses to proceed to the choice of counsellors; but the dispute about the speaker prevented it at this time, the council in- serted themselves, and the question being put, whe- ther it was in the governor's power, by virtue of the charter, to refuse the election of a speaker and direct the choice of another, they determined it was not, and immediately joined the house in electing coun- sellors. The next day the governor declared, that he looked upon it to be her majesty's prerogative to allow or disallow the choice of a speaker, but he would not delay the assembly by disputes, when the affairs of war were so pressing, saving to her ma- jesty her just rights at all times. The governor had it in special command to re- commend three things to the assembly ; the rebuild- ing the fort at Permaquid ; the contributing to a fort at Piscataqua ; and the establishing honourable salaries for the governor, lieutenant governor and judges of the courts. He had been pressing these things from his first arrival, but could obtain neither of them, and as to salaries, they not only refused .fixing a salary, but allowed him only 500 per annum, viz. 300 of it in the spring and 200 in the fall. To the iieutenant governor they gave 200 annually, as lieut. governor and captain of the castle ; and although it was more than any lieut. governor has received since, yet he found it insuf- ficient to support him, and this year, by the way of Lisbon, went back to England, and never returned to the province. A message from the house this year to the governor, though not very elegant, shews the sense they had of these matters, " May it please your excellency, "!N answer to those parts of your excellency's speech, at the beginning of the session, referring to her majesty's directions for the building of a fort at Permaquid, contributing to the charge of a fort at Piscataqua, and settling of salaries, we crave leave to offer, " Imprimis, as to the building a fort at Permaquid, we are humbly of opinion, that her majesty hath re- ceived misrepresentations concerning the necessity and usefulness of a fort there ; wherefore, this house, in their humble address to her majesty, dated the 27th of March 1703, and since twice repeated, did among other things lay before her majesty our rea- sons why we could not comply with her expectations in that affair, as " First, the little benefit said fort was to us, not be- ing, as we could discern, any .bridle to the enemy or barrier to our frontiers, being out of the usual road of the Indians and a hundred miles distant from any English plantation; and seemed only to make an anchorage for a few fishing boats, that accidentally put in there ; but the expense thereon was very great, not less than twenty thousand pounds. " Secondly, the charge of the said fort will be such that we cannot see how the province can possibly sustain it, having already laid out several large sums of money in raising new fortifications at Castle Is- land, &c., which was set forth in the address and memorial accompanying the same ; but we under- stand we have been so unhappy, as that the said address and memorial did not reach her majesty's hands, because proceeding from this house alone, although the addressing her majesty is a privilege ever allowed to the meanest of her subjects. We did therefore at our session in February last join the council, in making our humble address to her majesty upon the affair aforesaid, which we hope, hath some time since arrived to her majesty's favor- able acceptance. "The second article is the contributing to the charge of Piscataqua fort. The fort in that province was built several years past, when it was not desired or thought necessary that this province should assist them therein. The late reforms and reparations made of the same, as we have been informed, stands that whole province about the sum of five hundred pounds, which doth not amount to the quota of se- veral particular towns within this province, towards the charge of the war one year ; and all the naviga- tion and trade of this province, coming down Pisca- taqua river, have been charged with a considerable duty towards the support of that fort; and this pro- vince hath always afforded such guards as were needful for their haling of masts, timber, &c. for her majesty's service, whilst the principal benefit and advantage of the trade hath accrued to that province. And they have never contributed any thing to the charge of our forces, forts, and garrisons, or guard by sea, that are as great a safety and defence to them as to ourselves : but the public charge of that 296 THE HISTORY OF AMERICA. government has been much less proportionably than the charge of this ; which being considered we hope 110 assistance will be expected from us towards the charge of the said fort. " Thirdly, as to the settling fixed salaries, the circumstances of this province, as to our ability to support the government, are at times so different, that we fear the settling of fixed salaries, will be of no service to her majesty's interest, but may prove prejudicial to her majesty's good subjects here ; and as it is the native privilege and right of English sub- jects, by consent of parliament, from time to time, to raise and dispose of such sums of money as the present sxigency of affairs calls for ; which privilege we her majesty's loyal and dutiful subjects have hitherto lived in the enjoyment of, so we hope and pray always to enjoy the same under our most graci- ous sovereign and her successors." The governor then proposed the several matters to the council. 1st. Whether they advised to the building a fort at Peramquicl. 2d. Whether they advised to a contribution to- wards the charge of Piscataqua fort. ?d. Whether they advised to the settling a fixed salary to the governor and lieutenant-governor for the time being. And.they gave a negative answer to each question. It was a great disappointment, to be able to carry neither of these points, which the ministry were very .much set upon, and which it is not improbable they were encouraged might be obtained. Had they been matters less unpopular, yet the governor's weight, at this time, would have scarce been sufficient to have carried them through. The prejudices against him were great. The people in general looked upon him as an enemy, even to the privileges of the new char- ter. Sir Henry Ashurst procured an original letter, wrote by the governor's son Paul, who was then an attorney general, to Mr. Floyd, and sent it to New- England, in which were these expressions, " The government and college are disposed of here in chimney corners and private meetings, as confidently as can be this country will never be worth living in for lawyers and gentlemen, till the charter is taken away. My father and I sometimes talk of the queen's establishing a court of chancery in this coun- try. I have wrote about it to Mr. Blathwait." Copies were dispersed about the province, and the letter was soon after printed. Mr. Dudley had no rest the fkst seven years ; besides the opposition he met with in his administration, endeavours were using, soon after his arrival, to supplant him, and his enemies prevailed upon Sir Charles Hobby (who had been knighted as some said for fortitude and resolution at the time of the earthquake in Jamaica, others for the further consideration of 800 sterling) to go to England and solicit for the government. He was recommended to Sir H. Ashurst, who at first gave encouragement of success. Hobby was a gay man, a free liver and of very different behaviour from what should have recommended him to the clergy of New-England ; and yet, such is the force of party- prejudice, that it prevails over religion itself, and some of the most pious ministers strongly urged, in their letters, that he might be appointed their gover- nor instead of Dudley. The governor, this year sent Mr. Livingston, William Dudley, the governor's son,, and two or three other gentlrmen, to Canada, for the exchange of pri- soners; who bronght back with them Mr. Williams the minister and many of the inhabitants of Deerfiehi with other captives. Vaudreuil, the French gover- nor, sent a commissioner to Boston, with proposals of neutrality, which were communicated to the gene- ral court, who did not think proper to take any steps towards effecting it. They wished and hoped instead of a neutrality for the reduction of Canada ; whereas the employment given to the French strength in Europe might well cause Vaudreuil to fear the want of protection, and dispose him to secure himself by a neutrality. Dudley, however, kept the matter in suspense with Vaudreuil for some time ; and to the policy of his negotiation it was owing, that the peo- ple upon the frontiers en joyed remark able tranquility, and he valued himself upon it in his speech to the general court. Charlevoix says, " it was evident Mr. Dudley had no intention to agree, that he was a long time in treaty, and at length declared that he could come to no agreement without the consent of the other English colonies ; and thereupon Vaudreuil caused hostilities to be renewed against the people of New England. He adds, that the Canadians were much dissatisfied with their governor, for suffering; Mr. Dudley's son to remain some time at Quebec, under pretence of finishing the treaty, and for per- mitting a New England brigantine to go up and down the river." Another negotiation, the next year, had a less desi- rable effect, William Kovvse was sent in a small vessel, to Nova Scotia, as a flag of truce. He stayed there a long time, and brought back only seventeen prisoners. Being sent a second time, he brought no more than seven. Much greater numbers were expected, considering the time spent in pro- curing them. Upon his last return, it was charged upon him, that instead of employing his time in redeeming captives, he had been trading with the enemy and supplying them with ammunition and other stores of war. Rowse, upon examination, was com- mitted to pi ison. Samuel Vetch, afterwards Colonel Vetch, and governoi of Nova Scotia; John Borland, a merchant of note in Boston, and Roger Lawson, were all apprehended and examined, and bound to answer at the superior court. There was a general clamour through the province ; and it was whispered about that the governor was as deeply concerned a< any of the rest, and such reports against a governor as easily obtain credit, with many, without ground, as with. The house of representatives took the first opportunity of satisfying themselves. It was sug- gested there, that the superior court had no cogni zanceofthe offence; and, that admitting Nova Scotia to be part of the province, yet it was not within the bounds of any country, and there was no authority, but the general court, that could punish it. The caryiug the goods from Boston and the conspiracy there, were not considered. Besides, no persons could be supposed to have the public interests so much at heart, and none so likely to search to the bottom. They thereupon resolved, that the superior court had not jurisdiction, and that a parliamentary- enquiry was necessary; and, in imitation of tin; house of commons, they framed articles of accusation and impeachment against the several persons appre- hended, for traitorously supplying the queen's ene- mies, &c. These were signed by the speaker, and sent by a committee to the council (June 25) praying " that such proceedings, examinations, trials, and judgments may be had and used upon and relating to the said persons as is agreeable to law and justice." It was expected that the council should proceed, as the house of lords do upon an impeachment. No UNITED STATES. 297 wonder tbe council did uot immediately proceed. In trying a capital offence, it became them to b,e well satisfied of their jurisdiction. . No notice is taken of the affair in the council books for above a fortnight. The governor sat every day in council, and he still continued the practice of directing, every day, upon what business the council should proceed. It having been reported, that the house, in their examination of the prisoners, enquired how far the governor was concerned ; on the 9th of July they passed a vote, vindicating themselves from an aspersion cast upon them, as having, in the examination of the prisoners, made it the first question, whether the governor was not concerned with them in the unlawful trade ; wickedly insinuating, that the house had suspicion thereof, which they declared to be utterly false; and they thanked his excellency for his utmost readiness and forwardness, upon all occasions, in detecting and discouraging all such illegal trade and traders. For this the governor gave them thanks. Before the 13th of July, the house were either convinced that the form of proceeding was irregular, or else that they could not support the charge of high treason, and ordered a bill to be brought in for inflicting pains and penalties ; some moved for a bill of attainder, but the court being near rising, a mes- sage was sent to the governor, desiring that the pri- soners charged might be kept in close custody, until the next session, in order to fui'ther proceeding against him. At the next session, a few weeks after, the persons charged with two or three other accomplices of less note, were brought upon trial before the whole court; the governor's son, Paul Dudley, the queen's attorney, supporting the charge. The prisoners were heard by counsel in their defence. The court pronounced them all to be guilty, and then proceeded to determine their punishment A committee of the two houses reported a fine of 1000 on Mr. Borland and three months' imprisonment; 350 on Roger Lawson and three months' imprisonment; 400 on Samuel Vetch and one year's imprisonment; 1000 on William Rowse, one year's imprisonment and incapacity of sustaining any office of public trust; 100 on John Philips , jun. and one years imprisonment; and 100 on Ebenezer Coffin. The house accepted this report, with an addi- tion to Rowse' s punishment, that he sit an hour upon the gallows with a rope about his neck ; but the board disagreed to and reduced all the fines except Rowse' s, and rejected the infamous part of his punishment. After a conference between the two houses, they settled the penalties as follows, viz. on Vetch a fine of 200; Borland 1100; Lawson 300; Rowse 1200 and incapacity; Phillips 100; and Coffin 60: all to stand committed until the fines and costs of prosecution were paid ; and six separate acts passed the whole court for these purposes. By a clause in the charter, the general court is impower- ed to impose fines, imprisonments, and other pu- nishments, and in consequence of this clause the pro- ceeding was thought to be regular ; but the queen did not think so, and these acts were disallowed. The go- vernor was under a disadvantage, any obstruction to the two houses would have been improved as an evi- dence of the truth of the reports of his being particeps criminis; his compliance did not satisfy the people. An ill impression against persons in authority is uot easily effaced. Several persons, some in Bos- ton, but more in London, signed a petition, full of invectives against the governor, which was pre- sented to the queen. Upon information of this pe- tition, the council and house of representatives passed votes, declaring their sense of the injury done the governor by the persons signing this peti- tion or address. Mr. Higginson, who was at the head of the petitioners, was originally of New England, and educated at Harvard College, after- wards he travelled to the East Indies, and upon his return became a merchant in London, he was also a member of the corporation for propagating the Gos- pel among the Indians of New England, &c., and had so much interest, that some persons of note, by their letters, signified that they thought the two houses impolitic in the severity of their expressions, which, from being their friend, might at least cause him to become cool and indifferent. Besides this petition, a pamphlet from New Eng- land appeared about the same time in London, charging the governor with treasonable correspond- ence, and it was expected that his enemies would prevail. Mr. Povey wrote to him from London ; that he must prepare to receive the news of being superseded ; but he was so fortunate, as either to convince the queen and her ministers of his inno- cence, or by some other means to allay the storm which had been raised against him. The charge of supplying the enemy with ammunition is incredible. Those persons who were convicted, had he been an accomplice, would have discovered him. He left them to suffer such punishment as the court thought proper to inflict. There was no certainty that the acts would be repealed, and after they were repealed, some remained long in prison; Rouse lay there eighteen months, unable to find security. The whole that appeared upon the trial, was an invoice for a quantity of nails, which, at the request of the governor of Port Royal, Mr. Dudley allowed to be shipped. This was foundation enough, though in no degree criminal, to give rise to all the calumny. It is not improbable, from the rempnstrance of Mr. Sewall, who was a person of great integrity, that connivance might be shown as to some supplies of merchandise, and that this indulgence might be abused to the supply of powder, shot, &c., contrary to the governor's mind. It was the general opinion, that, without these supplies, the French could not have proceeded in their expedition against New- foundland, where the harbours this year were much spoiled, and great loss and damage was sustained, not by the Europeans only, but by the New Eng- landers, who had then large commerce there. That we might finish what relates to this prose- cution, which was a subject of notoriety for many years after, we have been led a year or two forward. We meet with no remarkable devastations by the Indians in 1706; but in April 1706, they renewed their inroads and murdered eight or ten people in one house at Oyster River. There was a garrison house near, where the women of the neighbourhood had retreated, their husbands being abroad at their labour, or absent upon other occasions. This house being attacked, the women put on their husbands' hats and jackets, and let their hair loose, to make the appearance of men ; and firing briskly from the openings, saved the house and caused the enemy to retreat. Colonel Schuyler gave intelligence of two hun- dred and seventy men having marched from the frontiers of New Canada, which was an alarm to all the frontiers of New England; for it was uncertain upon which part they would fall. They made their first appearance upon Merimack River, about Dun- stable, surprised and burned a garrison house there in \vhich twenty soldiers were posted, and did other 298 THE HISTORY OF AMERICA. mischief. Five of their Indians, probably from the same party, ventured down as far as Reading, about fifteen or eighteen miles from Boston, surprised a poor woman, who had eight children with her in a lone cottage, killed the woman and three of the children, and carried away the rest ; but the distant inhabitants were alarmed time enough to overtake them in their retreat, and recovered three of the children. Chelmsford, Sudbury, Groton, Exeter, Dover, and other plantations, had more or less of their people killed or taken; some of the latter they murdered before they could reach Canada, others very narrowly escaping. A poor woman, Rebecca Taylor, after the misery of a long travel to St. Lawrence River, near to Montreal, having offended her Indian master, he took off his belt and fas- tened one end of it round her neck, and threw the other over the limb of a tree ; but the weight of her body broke the limb. He was making a second at- tempt, when the noted Bomazeen came by and res- cued her. In their march, their hunting failing, they were kindling a fire to roast a child of one Hannah Parsons, when a strange dog, falling in their way, supplied the child's place. A Groton soldier, Samnel Butterfield, defended himself bravely, and killed one of their chiefs. This occa- sioned a dispute about the kind of punishment, some being for burning alive, others for whipping to death. It was left to the dead man's widow to de- tsrmine it. She told them, that if killing the pri- soner would bring her husband to life, she cared not what kind of death he suffered ; but if not, she de- sired to have him for a slave, and her request was granted. It appears, by the French accounts, that the In- dians themselves were tired of the war, and. with great difficulty were prevailed upon to continue it. To encourage them, a noted chief, dreaded by the English upon the frontiers, from the report of his cruelties, Nescambouit, was about this time sent by M. Vaudreuil to France, to receive his reward from the king himself. Upon his appearance at court, he held out his arm and bragged, that with that arm he had slain one hundred and fifty of his majesty's enemies. The king was so much pleased, that, as was then reported, he knighted him, and settled a pension of eight livres a day for life. Charlevoix attributes the distress of the New Englanders to their refusal of a neutrality, " The Abenakis continued to lay New England d'esolate; Mr. Dudley either being unwilling or afraid to ac- cept the neutrality which had been proposed for that province. He was much affected with the cries of the inhabitants, who were no longer able to improve their lands, which were continually ra- vaged by the Indians, and he thought the only way to put an end to this distress was to extirpate the French from Acadia." 1707. Dudley depended upon the French being extirpated from Canada, as well as Acadia, or he would have been glad of a neutrality, if he could have had the queen's leave to agree to it. It was known, that an armament was intended, this year, from England against the French, either in Canada, or Acadia, or both. Troops were actually destined for this service, and general Macartney was to have commanded ; but the battle of Almanza, in Spain, made mch an alteration in affairs, that the troops could not be spared, and the expedition was laid aside. The Massachussetts would have been ready with the forces expected from them ; and it was de- termined, early in the spring, that such a number of men should be raised, us might be sufficient for the reduction of Acadia, although no assistance came from England. At least the other parts of Nova Scotia might be ravaged ; but for Port Royal, it was doubted whether it could be subdued : how- ever, the fortress there wag " to be insulted, if by a council of war it should be found practicable." One thousand men it was resolved should be raised in the Massachussetts, and proposals were made to New Hampshire, Connecticut, and Rhode Island, to join. Connecticut declined. The other two governments assisted, and Mr. Dudley, in his speech to the assembly, acknowledges that he had received a very honourable assistance from Rhode Island, and a proper force from New Hampshire. The naval force was barely sufficient for convoy, there being only the Deptford man-of-war, Captain Stukeley, and the province galley, captain South- ack. The command of the land forces was given to colonel March, who had behaved well at Casco fort and upon some other occasions ; but had never been tried in any service where other talents besides mere natural bravery were necessary. The fleet sailed from Boston the 13th of May, and arrived the 26th at Port Royal. March immediately landed with seven hundred men on the harbour side ; colo- nel Appleton with three hundred men landing on the other side. The next day, as March with his men was advancing towards the fort, he disco- vered about two hundred of the enemy, with Suber- cas, the governor, at their head, near the top of a hill. A short skirmish ensued, and Subercas had his horse killed under him ; but the numbers being very unequal the French soon retreated, leaving two of their number killed, and having wounded three of the English. On the 29th, Appleton and his three hundred men were attacked by a body of Indians, joined by about sixty Canadians who had arrived just before to man a privateer which lay in the harbour. They killed two of the English and then retreated. All the inhabitants forsook their houses and retired to the fort, which was well gar- risoned. They made a continual fire with cannon and mortars upon the English camp ; but wanting skilful engineers, very lew of them fell so as to cause any destruction. The Indians, upon every quarter skulking about, shot any man who ventured without the camp. It is evident that the forces were very diffident of success from their first land- ing ; and the army would in a great measure have saved their reputation, if, in conformity to the voto of the court for engaging in the expedition, they had, at a council of war determined not to attack the fort, and proceeded to ravage the country. Some intelligence which they had received of the disposition of great part of the garrison to revolt, seems to have encouraged them more than any hopes they had of being able to reduce the place by a regular siege or sudden attack. The 13th of May, at a council of war, it was agreed, "that the enemy's well disciplined garrison in a strong fort, was more than a match for a raw undisciplined army." They opened their trenches notwithstand- 'ng, and in three or four days they had made some Breaches, and determined upon a general assault; sut advancing towards the fort and finding no de- serters come over, they altered their minds, and the 3th or 7th of June the whole army were re-em- mrked. Colonel Redknap (the engineer) and colonel Appleton went to Boston for further orders ; he rest of the army to Casco Bay. A great cla- mour was raised at Boston against March and UNITED STATES. 299 Wainwright, and letters were sent them from thence, some anonymous, vilifying them as cowards and deserving the gallows. They charged Apple- ton with being the first for decamping, bnt own it would have been to no good purpose to have re- mained ; as there was no prospect of carrying the fort. Captain Stukely, of the Deptford, gave an account of the strength of the place, and added, that he had hoped the fighting men at Boston, who had wrote so many scurrilous, vilifying letters, without names, would be satisfied, that regular, well fortified, and well defended forts, are not to be taken by raw men ; and he was very certain that 1,500 of the best of them would come back as the army had done. Mr. Dudley, notwithstanding the diffidence ex- pressed, thought of nothing short of the reduction of Port Royal from the beginning; and after so great an expense in raising such an armed force, he was unwilling to give over the design, and sent im- mediate orders for the forces to remain where they were whilst he considered of further measures. March was beloved by the soldiers ; besides, his courage was not suspected, although his capacity for a general was called in question. It was not, there- fore, thought proper to recall him, and to appoint a general officer over him would be as exceptionable. An cxprdient was therefore thought of, which was suggested perhaps by the practice of the Dutch. Three gentlemen of the council were to be sent to the army, with as full powers to superintend and direct the proceedings as the governor himself would have had if present in person. Colonel Hutchin- son, colonel Townsend, and Mr. Leverctt, were se- lected for this purpose ; and they embarked in the middle of July with about one hundred recruits and several deserters, who had left the army at Casco. Upon their arrival, they found parties formed among officers and men, no subordination, a coldness in the officers, and an aversion in the privates, to a return to the ground they had left. But it seems, the go- vernor had made a point the army should go back. A round robin was signed by a great number, peremptorily refusing to go to Port Royal; but the ringleaders being discovered and secured, whilst their sentence was under consideration, the rest submitted, and the ships of war and transports sailed. They stopped at Passimaquadi, about the 7th of August. March's spirits were broke and his health affected, so that, when the disposition was made for landing the army, he declared himself incapable of acting, and the command was given to Wainwright, the next officer. The 10th of August they crossed over to Port Royal, where they landed, but on the opposite side to the fort, and in every respect, in a much worse condition than before. The nights were growing cold, the men sickening, and the army in general, incapable of sustaining the fati- gues of a siege. Waiuwright's letter to the Com- missioners, August 14th, shows the state they were in. " Our not recovering the intended ground on the opposite side is a mighty advantage to the ene- my, in that they have opportunity, and are improv- ing it, for casting up trenches in the very place where we designed to land and draw up our small forces. Yesterday, the French, about eight of the clock forenoon, on the fort point, with a small body of St. John's Indians, began to fire on our river guards, and so continued until about three in the afternoon : then appeared about one hundred In- dians and French, upon the same ground, who kept firing at us until dark. Several wer shot through their clothes, and one Indian through the thigh. About four in the afternoon I suffered a number of men, about forty or fifty, to go down to the bank of the river, to cut thatch to cover their tents. All returned well, except nine of captain Dimmock's men, who were led away by one Mansfield, a mad fellow, to the next plantation to get cabbages in a garden, without the leave and against the will of his officer. They were no sooner at their plunder but they were surrounded by at least one hundred French and Indians, who in a few minutes killed every one of them, their bodies being mangled in a frightful manner. Our people buried them, and fired twice upon the enemy ; on which they were seen to run towards our out-guards next the woods, which we immediately strengthened. Indeed, the French have reduced us to the same state to which we reduced them at our last being at Port Royal ; surrounded with enemies, and judging it unsafe to proceed on any service without a company of at least one hundred men. I shall now give you a short account of the state of our people, truly, as delivered me by doctor Ellis. There is a considera- ble number of them visited with violent fluxes, and although we have things proper to give them, yet dare not do it ; others taken with mighty swellings in their throats ; others filled with terror at the consideration of a fatal event of the expedition, concluding that, in a short time, there will not be well enough to carry off the sick. " I am distressed to know which way to keep the Indians steady to the service. They protest they will draw off, whatever becomes of them. It is truly astonishing, to behold the miserable posture and temper that most of the army are in, besides the smallness of our number, to be attacked by the enemy which we expect every moment. " I am much disordered in my health by a great cold. I shall not use it as an argument to be drawn off myself; but as you are masters of the affair, lay before you the true state of the army, which indeed is very deplorable : I should much re- joice to see some of you here that you might be proper judges of it. " If we had the transports with us, it would be impossible, without a miracle, to recover the ground on the other side, and I believe the French have ad- ditional strength every day. In fine, most of the forces are in a distressed state, some in body, and some in mind, and the longer they are kept here on the cold ground the longer it will grow upon them, and, I fear, the further we proceed the worse the event. God help us." Captain Stukeky had given encouragement, that he would lead on an hundred of his own men ; but the bad state of affairs caused him to change his mind, and he had drawn them off before the date of this letter. The army continued ashore until the 20th, whon they re-embarked. The enemy then attacked them, many of whom were killed and wounded, and finally put to flight. The French say that both re- treate'd by turns. Each seem to have been glad to be rid of the other. About sixteen were killed, in the whole expedition, and as many wounded. The French, finding so few dead bodies, supposed the Massachussetts threw them into the sea. When the forces returned, Mr. Dudley put the best face upon their ill success. In his speech to the assembly, he says, "Though we have not ob- tained all that we desired against the enemy, yet we are to acknowledge the favour of God in pre- 300 THE HISTORY Of AMERICA. serving our forces in the expedition, and prospering (hem so far as the destruction of the French settle- ments and estates, in and about Port Royal, to a great value ; which must needs distress the enemy to a very great degree." A court martial was judged necessary, and or- dered, but never met. The act of the province, for constituting courts martial, made so many officers requisite, that it was found impracticable to hold one. This must be owing to the great number of persons charged, the remainder being insufficient to try them. 1708. Whilst the forces were employed against French, the Indians kept harassing the frontiers. Oyster River. Exeter, Kingston, and Dover in New Hampshire government, and Berwick, York, Wells, Winter Harbour, Casco, and even the inland town of Marlborougb. in the Massachusetts, sustained loss. The winter following passed without mo- lestation. In the spring, 1708, Mr. Littlefield, the lieutenant of Wells, travelling to York, was taken and carried to Canada. For several months after, the enemy seemed to have forsaken the frontiers. It afterwards appeared, that they were collecting their forces in Canada for some important stroke. Schuyler had such influence over the French Mohawks, who kept a constant trade with Albany, that they inclined to a more general peace with the English than merely those of New York. The French discovered their indift'erence, and to keep them engaged, a grand council was called at Mon- treal, the beginning of this year, and an expedition was agreed upon, in which were to be employed the principal Indians of every tribe in Canada, the Abenakis Indians, and one hundred select French Canadians, and a number of volunteers, several of whom were officers in the French troops. They were to make in the whole four hundred men. De Chaillons, and Hertel de Rouville (the same who sacked Deerfield) commanded the French, and La Perriere the Indians. To give the less alarm to the English, the French party, with the Algon- quin and St. Francois and Huron Indians, marched by the way of the river St. Francois: La Perriere and the French Mohawks went by lake Champlain : They were to rendezvous at lake Nikisipique, and there the Norringewock, Penobscot and other east- ern Indians were to join them. They all began their march the 16th July, but the Hurons gave out and returned, before they arrived at St. Francois river. One of them had killed his companion, by accident, which they thought an ill omen and that the .expedi- tion would prove unfortunate. The Mohawks also pretended, that some of their number were taken sick by an infectious distemper which would be com- municated to the rest, and they returned. Vaud- reuil, when he heard these accounts, sent orders to his French officers, that, although the Algonquin and St. Francois Indians should leave them also, yet they should go on and fall upon some of the scat- tered settlements. When the Indians were tired of murdering poor helpless women and children, Vau- dreuil employed his French officers to do it. Those Indians, however, did not leave them, and, being about 200 in all, they marched between four and five hundred miles through the woods to Nikipisque, where they found none of the eastern Indians. This was a happy disappointment for the English. Had the whole proposed number rendezvoused thero, Newbury, or perhaps Portsmouth, might have been surprised and destroyed ; but, the army being thus reduced, Haver bill, a small but compact village a5 pitched upon. Intelligence had been carried to Boston, that an army of 800 men was intended for some part of the frontiers, but it was uncertain which. Guards were sent to Haverhill. as well a* other places ; but they were posted in the most ex- posed parts of the town and the enemy avoided them, or passed undiscovered, and, on the 29th of August, about break of day, surprised the body of the town, adjoining to Merrimack river, where were twenty or thirty houses together, several of which they burned, and attempted to burn the meeting-house, but failed. The rest of the houses they ransacked and plundered. Mr. Rolfe the minister, Wain- wright the captain of the town, and thirty or forty more, the French say about 100, were killed, and many taken prisoners. Mr. Rolfe's maid jumped out of bed, upon the alarm, and ran with his two daughters of six or eight years old into the cellar, and covered them with two large tubs, which the In- dians neglected to turn over and they wore both pre- served. Three very good officers wore at that time in the town, Major Turner, Capt Price and Capt, Gardner, all of Salem, but most of their men were posted at a distance, and, before any sufficient num- ber could be collected, the mischief was done. The enemy, however, was pursued, overtaken and at- tacked, just as they were entering the woods. The French reported, when they got back, that they faced about, and that the Massachusetts being astonished, were all killed or taken, except ten or twelve who escaped. The truth is, that there was a brush, which lasted about an hour, and that the enemy then took to the woods, except nine who were left dead, among whom was Rouville's brother, and another officer. Many of the prisoners were also recovered. The governor in his speech to the as- sembly says, " We might have done more against them if \ve had followed their tracks." The return of the French Mohawks might be owing to Schuyler's negotiations with them, which, it may be said, he would have had no opportunity for, if it had not been for the neutrality between them and Albany; but, on the other hand, not only Indians, at other times, but even the Penobscots and Norridgewocks were enabled by this neutrality, to make their inroads. The governor of Port royal, in a letter to the Count de Pontchartraiu, says, " that the Michmacks were quite naked and the Kenebeckans and Penobscots would have been so too, if they had not carried on a trade with the Indians of Hudson's river, or, rather, by their means, with the English, who allowed a crown a pound for beaver, and sold their goods very reasonably." Charlevoix justly remarks upon it, " thus our own enemies relieved our most faithful allies, when they were in necessity, and whilst they were every day hazarding their lives in our service." The Mas- sachusetts general court also, this year in an address to the Queen, say, "A letter from M. Vaudreuil, governor of Canada, to the laic governor of Port- royal was sometime since happily intercepted, and came to our governor's hands; wherein he writes thus, namely, that he endeavours to keep all quiet on the side of Orange or Albany, having command from the king his master not to have any quarrel with your majesty's subjects on that side, or with the Mohawks, which he hath strictly observed. And they are in a profound peace, having met with little or no less on the land side, either in men or estates this war." The enemy were satisfied with their success at Ilavcrhill, fo/ this reason, and, except now and then UNITED STATES. 301 a straggling Indian, none of them appeared agan upon the frontiers this summer. The party against the governor still pursued thei schemes in England for his removal. Ashurst en gaged a committee of the kirk of Scotland, wh came up to London to settle some affairs with the queen's council, to use their interest, that Dudley might be removed and a new governor appointed and he was very sanguine, that this would do the business, and that Hobby would be appointed, though not such a person as he could wish. In the pro vince, the governor's interest was strengthening Some of the old senators, who had been disaffectet to him, were left out of the council. Oakes, whoir he had negatived as speaker, and one other member for Boston lost their election, and John Clark anc Thomas Hutchinson, two young gentlemen of the town, who were under no prejudice against him came into the house in their stead; and, although this year Mr. Cooke was again chosen one of the council, it was the last effort. The governor per sisted in negativing him, and at the same time nega- tived Nathaniel Paine of Bristol: but he had so ac- customed them to negatives, that they gave less of- fence than they would have done after long disuse. The principal subject of the assembly's address, which we have just before mentioned, to the queen, was the reduction of Canada and Acadia by an ar- mament from England, to be assisted by forces raised in the colonies. Vetch, who the last year was charged as a traitor, this year appeared, before the queen and her ministers, soliciting in behalf of the colonies; being able to give a full information of the condition of the French in America. (1709.) In the spring, Mr. Dudley was advised, by loiters from the Earl of Sunderland, that the queen had determined upon an expedition, and Vetch, made a colonel, came over with instructions to make the necessary preparations. The plan was exten- sive. The French were to be subdued, not only in ('anad. and Acadia, but in Newfoundland also. A >quadron of ships were to be at Boston by the mid- die of May. Five regiments of regular troops were to be sent from England, to be joined by 1200 men, to be raised in Massachusetts and Rhode Island, and tbe governments were to send transports, flat bot tomed boats, pilots, and three months' provisions for ihcir own troops. With this force, Quebec was to be attacked; at the same time 1,500 men, proposed to be raised in the governments south of Rhode Inland, which were to march by the way of the lake, were to attack Montreal. The men, assigned to the Massachusetts to raise, were ready by the 20th of May; and Vetch gave a certificate under his hand, that all the governments concerned had cheer- fully and punctually complied with the orders given, except Pennsylvania. It was left to Lord Lovelace, governor of New York, to appoint the general officer lor the 1500 men, but, by his death, the power de- volved upon Mr. Ingoldsby, the lieutenant-governor ; and Nicholson who had been lieutenant-governor of Now York under Andros and afterwards lieutenant- governor of Virginia and Maryland being then in America, was settled as a proper person, and marched with the forces under his command as far as Wood- creek, there to wait untill the arrival of the fleet at Boston, that the attack on both places might be made at one time. The transports and troops lay waiting at Boston from May to September, every day expecting the fleet. No intelligence coming i'rom England, Vetch, being sensible it was too late to go to Canada, proposed a meeting, at New Lon- don, of the governors of the several colonies, to consider in what other way the forces raised should be employed against the' enemy, that the expense might not be wholly lost; but Nicholson, unexpect- edly, returned with his men from Wood-creek, and he and Vetch and Colonel Moody met some of the governors at Rhode Island. Two or three days be- fore the congress (October llth) a ship arrived at Boston from England, with advice that the forces intended for America were ordered to Portugal, and with directions to consult whether the forces raised in America might not be employed against Port Royal, the ships of war of which there were several then at Boston to be aiding and assisting. There was no great honour or profit to be expected, by the captains of the men of war, if the expedition should succeed, nothing more being required of them, than to serve as convoy to the transports, and cover to the forces at their landing ; therefore two of the frigates, whose station was New York, sailed imme- diately from Boston, without taking leave of any body, and the commanders of the rest, Mathews, afterwards Admiral Mathews, who was then com- mander of the station ship at Boston, only excepted, peremptorily refused. As soon as this was known to the two houses, the court being sitting, they de- sired the governor to discharge the transports and disband the men, it not being -safe to proceed with- out convoy. This was a heavy charge upon the province, without any good effect. It was indeed late in the year for the attempt against Port Royal, but then the prospect of surprising the enemy was so mnch the greater, and if it had happened other- wise and the forces had returned without subduing the place, it would have caused but little increase of the expense. Whilst Nicholson lay at Wood-creek, the gover- nor of Canada, who had intelligence of all his mo- tions, sent out an army of 1500 French and Indians, who left Montreal the 28th July N. S. and the three irst days advanced forty leagues towards the Eng- ish camp; but upon a report that they were 5000 strong, and upon the march to meet the French, and .here being discord at the same time, among the French officers, it was thought best to return to heir advanced posts, and wait to receive the Eng- ish there. Had they proceeded, they were equal to ;he English, better acquainted with the country, vould have come unexpected, and the event would at least have been doubtful for us. Charlevoix gives an instance of the treachery of the Indians of the six nations, and of their intention -o destroy the whole English army. Speaking of ather Mareuil, who had been a prisoner at Albany, le says, " This missionary having been exchanged or a nephew of the principal officer at Albany, we "earned from him, all the circumstances of that affair, md to what New France owed her deliverance from ;he greatest danger to which s>he had been at any ime exposed from that quarter." Then having men- ioned a grand council of the Indians, held at Onon- dago, where all their general meetings upon im- >ortant matters were held, he goes on, " The )nondago, one of the old men of that nation, who was speaker, asked whether it was out of their minds hat they were situated between two potent people, either of which were capable of totally extirpating hem, and that it would be the interest of either to do t, as soon as they should have no further occasion or them. It behoved them therefore to be very areful, that they did not lose their importance', which they would do, unless each of those people 302 THE HISTORY OF AMERICA. were prevented from destroying the other. This harangue made great impression upon the assembly, and it was resolved, upon this occasion, to continue the same political conduct which they had hitherto observed. Accordingly, the Iroquois, when they had joined the English army, and found, as they ima- gined, that, it would be strong enough to take Mont- real, employed their whole attention in contriving the destruction of it ; and this was the way they went to work. The army being encamped upon the banks of a small river, the Indians who spent most of their time in hunting, threw the skins of all the creatures, which they flead, into the river, a little above the camp, which soon corrupted the water. The Eng- lish never suspected this treachery and continued to drink the water; but it caused such a mortality among them, that father de Mareuil and the two officers, who went to fetch him from Albany to Ca- nada, judged, by the graves, that there must have been at least a thousand buried there." Nicholson certainly decamped sooner than was expected, which caused some dissatisfaction. The army was in a bad state. And a letter dated New York, November 4th, 1709, says, that many of the soldiers, who were at the lake, died as if they had been poisoned. Although the French were in constant expecta- tion of being attacked themselves, yet it did not prevent them from employing some of their strength, this summer, against the New England frontiers. In April, a man was taken prisoner at Deerfield. In May, several men were surprised and taken, as they were passing to a saw mill in Exeter ; and in June, one of the Kouvilles, with 180 French and Indians, made another attempt upon Deerfield, to destroy or carry away prisoners the poor people, who, but a little while before, had returned from their captivity ; but the enemy was discovered at a distance and beat off, the inhabitants bravely defending themselves. The town of Brookfield, in' the west, and Wells, in the east, soon after lost some of their people, by small parties of Indians. (1710.) Nicholson went to England, in the au- tumn, to solicit a force against Canada the next year, and an expedition seems to have been resolved upon. Advice was received, in New England, that, in July, Lord Shannon, with a fleet destined for that service, lay under orders for sailing, but. that it was feared the westerly winds would detain him until it was too late. Port Royal, which did not require so great a force and which might be attempted late in the year, xvas afterwards made the only object. The Dragon and Falraouth, with a bomb ship and a tender, and two or three transports, left England in the spring, and Nicholson was on board of one of them. They arrived at Boston, July the 15th, and seem to have lain waiting there for orders, or until it should be made certain whether they were to be joined by any further force from England. On the 18th of Sep- tember a fleet sailed from Nantasket for Port Royal, consisting of three-fourth rates, viz. the Dragon, commodore Martin ; the Chester, Matthews ; the Falmouth, Riddle; two-fifth rates, the Leostaffe, Gordon, and the Feversham, Paston, together with the Star bomb, Rochfort, and the province galley, Southack, with fourteen transports in the pay of the Massachusetts, five of Connecticut, two of New Hampshire, and three of Rhode Island. These, with the tender and transports from England, made thirty-six sail. There was a regiment of marines, commanded by Colonel Redding, and four regiments raised in New England, two commanded by Sir Charles Hobby and Colonel Tailer of Massacbufcetts Bay, one by Colonel Whiting of Connecticut, and one by Colonel Walton of New Hampshire. Nichol- son was general and Vetch adjutant-general. One transport, Captain Taye, ran ashore at the mouth of the river and was lost, and twenty-six men were drowned, the rest of the fleet arrived safe at Port Royal, the 24th of September. The forces were landed without any opposition. Subercase, the go- vernor, had only 260 men, and most of them he was afraid to trust out of the fort, lest they should desert to the English. As the army was marching up to the fort, several men were killed by the inhabitants, who fired from their houses and from behind their fences and made their escape ; and, for three or four days, whilst the necessary preparations were making by the English, the French threw shells and shot from the fort, and the bomb ship, on the other hand, plied the French with her shells. It was commonly said, after the return of the forces to Boston, iha't early intimation was given to the English that they would meet with no great difficulty, a decent pre'- tence for a surrender was all that was desired. On the 29th, the governor sent out a flag of truce, praying leave for some of his ladies, who were afraid of the bombs, to be sheltered in the English camp. The officer, not observing the rules of war, was put under arrest, and an English officer sent to the fort to acquaint the governor with the reason of it. The first of October, the two engineers, Forbes and Red- knap, had three batteries opened, two mortars and twenty-four cohorn mortars ready, within 100 yards of the fort, and began their firing, the French firing their shot and throwing shells at the same time. The same day, Colonel Tailer and Captain Aber- crombie were sent, w*ith a summons to surrender, and, in consequence thereof, a cessation of arms was agreed upon, and the terms of the capitulation were soon settled, and the next day the following articles signed. " Articles of capitulation agreed upon for the sur- render of the fort at Port Royal, Sfc. betwixt Francis Nicholson, Esq. general and commander- in-chief of all the forces of her sacred Majesty Anne Queen of Great Britain, fyc. and Monsieur Subercase, governor, fyc. for his most Christian Majesty. 1. THAT the garrison shall march out with their arms and baggage, drums beating and colours flying. 2. That there shall be a sufficient number of ships and provisions to transport the said garrison to Rochel or Rochfort, by the shortest passage, when they shall be furnished with passports for their return. 3. That I may take out six guns and two mortars, such as I shall think fit. 4. That the officers shall carry out all their ef- fects, of what sort soever, except they do agree to the selling them; the payment of which to be upon good faith. 5. That the inhabitants, within cannon shot of Port Royal, shall remain upon their estates, with their corn, cattle and furniture during two years, in case they are not desirous to go before, they taking the oaths of allegiance and fidelity to her Sacred Majesty of Great Britain. 6. That a vessel be provided for the privateers belonging to the islands in America, for their trans- portation thither. 7. That those, that are desirous to go for Placen- tia in Newfoundland, shall leave by the nearest passage. UNITED STATES. 303 8. That the Canadians, or those that are desir- ous to go there, may, for during the space of one year. 9. That effects, ornaments and utensils of the chapel and hospital shall be delivered to the Al- moner. 10. I promise to deliver the fort of Port Royal into the hands of Francis Nicholson, Esq. for the Queen of Great Britain, within three days after the ratification of this present treaty, with all the effects belonging to the King, as guns, mortars, bombs, ball, powder and all other small arms. 11. I will discover, upon my faith, all the mines, fugasses and casements. 12. All the articles of this present, treaty shall be executed upon good faith, without difficulty, and signed by each other at her Majesty of Great Bri- tain's camp before Port Royal fort, this second day of October, in the ninth year of her Majesty's reign, Anno Domini, 1710. " FRANCIS NICHOLSOS. SUBERCASE." ' ; MEMORANDUM. The General declared, that within cannon shot of Port Royal, in the fifth article abovesaid, is to be understood three English miles round the fort, to be Annapolis Royal and the inha- bitants within three miles to have the benefit of that article. Which persons male and female, compre- hended in the said article, according to a list of their names given in to the general by M. Allein, amounts to 481 persons." The English lost fourteen or fifteen men in the expedition, besides the twenty-six drowned when the transport was lost. The fort had been neglected and was in a very bad state. Subercase told the general t; he was very sorry for the king his master, in losing such a strong fort and the territories ad- joining." This was a compliment to Nicholson, but it was in no condition to stand a siege. Charle- voix says, Subercase's character suffered a great shock. He mentions several actions which other accounts take no notice of " The troops being landed and nothing to oppose their march, went on towards the fort; but when they came within reach of the cannon, the governor caused so smart a firing as put them to a stand, killed a great many of their men,&c." Again, tae eighth (N.S.) " M. Subercase, having observed the spot where the enemy were about to erect their batteries, made so lucky a fire that Mr. Nicholson, after having lost a great many men, was obliged to retreat." The general having left a sufficient garrison under the command of Colonel Vetch, who was destined in case of success, to the government of the country, returned with the fleet and army to Boston, arriv- ing there the 2Gth of October. Whilst the forces were at Port Royal, it was thought proper, at a council of war, to send Castine, who probably was in the fort, and Major Living- stone to Canada through the country, with letters to M. Vaudreuil, acquainting him that the country of Acadia was subdued and that all the inhabitants, except such as were within cannon shot of the fort were prisoners at discretion ; and as the council had been informed that he had often sent out his bar- barous Indians to murder the poor innocent women and children upon the frontiers of New England, i he continued that practice they would cause the same execution upon the people of Acadia or Nova- Scotia, now absolutely in their power: but they abhorred such barbarities, and hoped he would give them no further occasion to copy after him, but rather would release and send home such prisoners s had been taken by the Indians. After a most fatiguing, hazardous journey, Livingstone says in his ournal that " he went about the middle of October rom Port-royal to Penobscot, where he was kindly entertained by Castiae, at his own house ; and from thence went up the river in canoes, until they came to an island where was a great body of Indians, men, women, and children. Here, an Indian being en- raged because some English prisoners had run away with his canoe, seized Livingstone by the throat, and would have dispatched him with a hatchet, if Castine had not thrown himself between them and rescued him. The Indians would not suffer them to proceed, for several days. At length, November 4, they set out in their canoes, and the next day the canoe the major was in overset, and one of the Indian guides was drowned. Soon after, the water beginning to freeze, the ice so shattered their tender vessels and made the passing so difficult, that they were obliged to betake themselves to the land and to travel by their compass, through a country so thick with spruce, cedar, and pine wood, and under-> wood, as to be scarcely passable, and the greatest part of the way broken and mountainous land. They were above a fortnight without the sight of the sun, the weather being stormy or foggy the whole time. They had spent their provisions six days before they came to any French settlement, and lived wholly upon moss, leaves, and dried berries. At length, the 16th of December they arrived at Quebec." The governor sent his answer to the message by two partizans, Rouville and Dupuis, by land through Albany, that they might be acquainted with the country and more fit to be employed in making war on a future occasion. The sum of the answer was, that Nicholson had been so well taught the laws of war as to know that they did not admit of reprisals upon such inhabitants as had surrendered upon an express promise of being well treated. That he, Vaudreuil, never knew the French charged with inhumanity, and he was not afraid to appeal to the English prisoners, within his government, against, such a charge ; they had often been redeemed from the Indians, at a great expense, and, out of pure charity; indeed, the Indians themselves, ordinarily, did not treat them ill, but let that be as it would, the French were not accountable for the behaviour of the Indians ; it was not their fault, that this un- fortunate war was not over a long time ago, and all the miseries, which had been the consequence, must be attributed to those who had refused the neutrality between the two colonies ; he was very ready to agree to the exchange of prisoners, but he had not the command of those which were in the hands of his Indian allies; as for the menace, of delivering up the Acadians to the Indians of New England, if the Indians of New France should refuse to deliver the English prisoners, it was contrary to all the rules of justice and humanity, and if it should be carried into execution he should be obliged to do as much to all the English he had in his power. . This was all that was effected by Livingstone's most fatiguing hazardous journey. At this time, a change in the agency was agreed upon. The change of the ministry in England was as alarming to New England, as to any part of his majesty's dominions. Mr. Phipps was deeply en- gaged in the new measures. There could not then have been any apprehension of his removing to Ire- land ; but a whig people would not be satisfied with a tory agent. Sir H. Ashurst never had any great powers, au'l he was now declining in age and health. 304 THE HISTORY OF AMERICA. The party that used to support him set up his bro- ther, Sir William Ashurst, a gentleman of superior character and real worth. Mr. Dudley did every thing in his power to prevent the choice, but, when he couid not prevail, made a merit of accepting it. An address to the queen was sent to Sir William, but he refused the agency; he was well acquainted with the neglect of his brother and the little or no reward given him for his long services. When he excused himself, he recommended a New England young gentleman, then in London, Jeremiah Dum- mer, who also procured from the principal merchants in London, trading to New England, letters in his favour. He was not, at that time, acceptable to Mr. I)udley, and, in a message to the assembly, he ad- vised them to chuse Henry Newman, a New Eng- land man, then in London "also, a person of great probity, who had lived some years in the Duke of Somerset's family, and who afterwards was secretary to the society for promoting Christian knowledge; but the choice fell upon Mr. Dummer and the go- vernor did not think proper to, negative him. Mr. Dudley found means to remove the prejudice of Sir William Ashurst. From this time all his let- ters are written in a different style, and he repre- sents the times to be such, that there was no pros- pect of a better governor, and advises the people, if they could be tolerably easy, not to run the risk of a change. Mr. Dummer, who was attaching him- self to the new ministry and had great favour shewn him, engaged also in Mr. Dudley's interest. Mr. Phipps, who, at first, opposed him, had for some time been very friendly to him. It was a rule with him to gain his enemies, he was sure of his friends. It requires much of that art and skill, of which he is said to have been master, to render this rule, for any length of time successful. He happened also, as we have observed, when he was in England, to be favour- ed by Mr. Harley, and his interest there was so established, that he was no longer in danger, until the death of the queen caused an entire revolution, both as to men and measures. In the province, some reports against him were of so gross and criminal a nature, that although they might find, some ready to believe them at first, yet time alone had sunk the credit of them, and the remembrance of lesser mat- ters sunk with it, and the last days of his adminis- tration were his best days. This year the enemy made their first appearance, in the spring, at York, but found the inhabitants upon their guard. In June, Col. Hilton of Exeter, being in the woods with eighteen men, was ambush- ed by a party, who fired and killed the colonel and two of his company, and took two prisoners, the rest escaping, Hilton was a good officer, and had behaved well with Church, in 1704, and upon other occasions ; but at this time was off his guard. One hundred men went out upon the alarm, but had no other success than to bring in the dead mangled bodies to a decent interment A few days after, sixty or seventy French and Indians appeared in the skirts of the town of Exeter, but were alarmed by the firing of a gun, and went oft with four children, which they picked up in the street or. road at play, to the unspeakable distress of their parents. In their retreat, they killed one man and took another pri- soner. They then travelled westward and killed several of the inhabitants of Waterbury and Sims- bury in Connecticut, struck down upon Brookfield and Marlborough. and, from thence, to Chelmsfoid, where Major Tyng was slain, an oflicer respected fur bis prudence and courage. The 2d of August, about fifty Indians came upon Winter Harbour, and hovered about the place, some iine, until they had killed four or five and taken ight or ten of the inhabitants. They insulted the fort, and found the garrison too many to be taken ; imt not enough to sally out and attack them. Oc- tober the 1st, several persons, as they were going to meeting at Berwick, were waylaid, one of them kill- ed, another had his horse shot under him, the rest escaping. The 10th of the same month, Bomazeen, with sixty or seventy more Indians, appeared at Winter Harbour, killed three or four and took as many captives ; one of the latter w as Johnson liar- man, an officer noted for his expeditions in the en- suing war. The Indians, after they had done this mischief, sent a flag of truce to the fort, and offered to ransom their prisoners, if a vessel should be sent to Kennebeck river to receive them. The Massachusetts forces had been scouring the woods all the summer, but the parties of the enemy avoided them. Towards winter, Col. Wilton, after his return from Port-royal, with 170 men ranged the eastern country, and killed a Norridgewock chief and six or eight others. He made a second march to Winnepisiaukee, without any success: but in the mean time, the Indians were committing atroci- ties at Cocheco, York, Wells, and other places. (1711.) After Port royal was reduced, Nicholson went to England to solicit another expedition against Canada; and, although his intention was known, there seemed to be no expectation that he would suc- ceed. The New England people we have observed were all w r higs and supposed the tory ministry to be determined upon a peace, and rather disposed to suffer France to recover part of what she had lost, than to make further acquisition from her: and there was a general astonishment when Nicholson returned to Boston, on the 8th of June, with orders from the queen to the several governments of New England, to New York, the Jerseys, and Pensyl- vania to have their quotas of men in readiness for a fleet which had been dispatched, and which arrived on the 24th. This was short warning: but it was thought more extraordinary, that ten weeks' provi- sion for the army was to be procured at Boston. One reason given for this measure, was, that there might be no suspicions, in Europe, of the destination of this armament. It might well be doubted whether it would be possible to procure such a quantity of provisions at Boston in season, and if it was not, it v.-ould be impossible to proceed. This unexpected measure increased a jealousy, began before, that it was not designed Canada should be taken, and that the blame should Vie cast upon New England. This jealousy may have been as groundless as the charge, which Walker first, and, after him, many other authors have brought against New England, for not affording that ready assistance which was expected: but it certainly had this effect, to cause, not only the government, but even private persons to exeit themselves with more zeal and vigour than had been done upon any other occasion ; and the people submitted, not without reluctance, it is true, to have their property taken from them, in a way and manner which the people of Great Britain or Ireland would not have allowed. A general meet- ing of all the governois was appointed, immediately after Nicholson's arrival at New London, and they were sitting when the fleet arrived. The assembly happened to be at Boston, when the first orders came. The governor, without delay, recommended to thorn a full oomplirnce with the orders he bad r* UNITED STATES. 305 ceived. The first thing necessary, was money. The credit of the treasury was so low in England, that no merchants or private persons at Massachusetts would take bills, unless the drawer would make themselves responsible, and there was no body au thorized to draw such bills. The general court de termined to issue forty thousand pounds in bills o credit, and to lend them to merchants and others for the term of two years. These persons with their bills of credit purchased bills of exchange upon th treasury in England, which, it was hoped, before the expiration of the two years, would be paid, and, i they should not, it would be in the power of the go- vernment to continue the loan, but there was "no engagement to do it. The next difficulty to be re- moved was the extravagant price to which provisions had started, upon the advice of this extraordinary demand. For this purpose, an order passed the court, stating the prices of the several species of provisions necessary for the service. The owners of the provisions shut up their stores, or removed their provisions in order to conceal them. The de- mand, which had raised the price, they urged, was the common chance in trade, which every merchant was justly entitled to. Another order soon passed the court, to impress all provisions, in whose pos- session soever, and for this purpose to open all doors and enter. This effected a general compliance. The short time spent for this purpose, and the refusal of particular persons to submit at first, caused a charge from the officers against the country in ge- neral, for unnecessarily delaying the fleet and army; and no notice was taken of the zeal of the govern- ment and this extraordinary measure for the removal of these impediments. The addition of so many mouths had caused a sudden rise of all poultry and fresh meat, and at that season of the year, if the usual consumption had continued, the forces must have failed of necessary supplies. This considera- tion induced many of the principal gentlemen in Boston to deprive themselves, aud to eat salt pro- visions, and no other, in their families, as long as the fleet remained. The soldiers and seamen, some of them, deserted and were concealed by the inhabi- tants, who were justly censured for doing it. A law against this offence was made, with a very severe penalty, and a more summary way provided for trial of the offence than ever had been in any instance before. The desertion of the men put the Admiral out of temper, and he wrote the governor an angry letter, in which he told him, the service had been prejudiced, rather than forwarded, since his arrival at Boston, and demanded from the government a supply of men equal to the loss. This could be done in no other way than an impress. The inhabitants, it must be owned, would not have submitted to it ; but, in general, would have preferred a prison on shore to a man of war at sea. Besides the mistake, in the plan of this expedition, with respect to a speedy supply of provisions at Boston without previous notice, there was another, in presuming that skilful pilots were to be obtained there. The best in the country were shipmasters, who had been once or twice up the river St. Law- rence. These were employed in other business, upon which their future support depended, and they were averse to leaving it; but the government im- pressed them into the service, and afterwards was charged with their defect of skill, which, admitting it to be true, could not be helped. The troops were all landed upon Noddle's island, about a mile from the town, where they were every 'THE HISTORY OF AMERICA. Nos. 39 & 40. day exercised in a healthy air ; and it was allowed, that men were never landed and reimbarked in bet- ter order. The land force, including two regiments from New England, amounted to near 7000 men, an army more than equal in number to that which afterwards reduced Quebec, under General Wolfe ; although, in 1711, it was not half so stronsr as in 1759. The fleet which arrived at Boston, consisted of fifteen sail of men of war, and forty transports, and all sailed again the 30th of July. Greater despatch could not well be expected from such short warning. Nicholson set out for Albany the same day, to take the command of the forces which were to march by land. Nothing remarkable happened in the passage of the fleet to Gaspee, where it arrived the 18th of August, and sailed again the 20th. The next day and the day after proving foggy, and the wind be- ginning to blow fresh at E.S.E., the ships brought to, with their heads to the southward, being out of sight of land and out of soundings. This, the ad- miral, in his own account, says was by the advice of the pilots, both English and French ; and that they were of opinion the fleet would drive into the midst of the channel or river. The New England pilots always denied they gave such advice, and declared, upon their oaths, their opinion was not followed nor regarded. Some of the principal 'persons on board one of the ships which belonged to New England, reported that upon the fleets being ordered to lie with their heads to the southward, the whole ship's company determined they must drive upon the north shore ; and they were confirmed in their for- mer jealousy, that it was never intended the fleet should arrive at Quebec. This, however, is incre- dible ; and the admiral, who had not the character of an abandoned man, was incapable of sacrificing the lives of so many men ; and, it must be presumed, he would not have thrown away his own life, which was exposed as well as the rest. The pilots from Boston supposed the admiral had a very mean opi- nion of them, and laid greater stress upon the judg- ment of the French pilots, who, through ignorance or from design, occasioned this wrong measure. In two or three hours after the fleet brought to, some of the transports were among the breakers. Eight or nine ships were lost upon the rocks, about mid- night, one thousand of the men that were on board drowned, and about six or seven hundred saved by the other ships. All the men of war escaped ; the admiral's ship is said to have anchored, and the rest ither stood off or came to anchor ; and the next morning, the wind shifting to W.S.W. the admiral bore away for Spanish river, the men of war and transports following; but, the wind shifting again to east, they were eight days before they all arrived, and, as they had the wind, might more easily have e to Quebec. In a council of war, it was una- nimously resolved, not only not to make any further ;rial to go up the river St. Lawrence, but also not :o attempt any thing against Placentia in New- "oundland ; the fleet not being sufficiently victualled or either. They sailed the 16th of September, and he admiral arrived the 9th of October at Ports- mouth, and the 15th, his ship, the Edgar, blew up ; the cause not being known, jealous minds would suggest that even this was not without design. The admiral supposed, in his account of the ex- pedition, that if they had arrived at Quebec and anded their men, their misfortune would have been greater still; that the French would either have 2Q 30G THE HISTORY OF AMERICA. quitted the place and carried all their provisions with them, or that they would have defended the place until the provisions of the fleet and army were spent, and they must have laid down their arms; or if they finally surrendered, it was not to be expected the provisions, for so small a garrison, would have lasted any time for twelve thousand men, and French and English must have starved together. Vaudreuil had made the best preparations he could for their reception, having early notice of their coming, from the governor of Placentia. An English prisoner, carried in there from Boston, gave an account of Nicholson's arrival, of the fleet that was to follow, and of the forces intended by way of the lake ; and the captain of a privateer saw the fleet within sixty leagues of Boston. This in- telligence was afterwards confirmed by an Onon- dago Indian, who came to Quebec to inform of the great preparations making at Albany. Nicholson had made but little progress in his march when he received the news of this disaster, and if the fleet had arrived safe, he would have been too late to have drawn any of the French force from Quebec, before so much of the provisions of the fleet had been spent that it would not have been safe to have remained any longer ; and it is well he did not proceed; for as soon as Vaudreuil had advice of so many ships stove, and so many dead bodies with red coats drove upon the shore, and that the river was clear of ships, he ordered all the strength of Canada towards Montreal and the lake Cham- plain; which if Nicholson had passed, would have been sufficient to prevent his return. To complete the charge against the Massachusetts, they are said to have represented the navigation to Quebec to be easy and without hazard, of which they were wholly ignorant ; for the French, after an hundred years experience, almost every year suffered shipwreck; and sailing in the bay and river St. Lawrence was so hazardous, that they could hardly obtain sailors for a voyage thither. The Massachusetts people knew very well that Phipps and his fleet went up and down without diffi- culty, in 1690; that flags of truce had frequently passed and repassed, and they supposed the French re- presented the passage difficult, to deter other nations, and experience now shews that they judged right. The American transports were all preserved, ex- cept one victualler, and the crew of that were saved. The disappointment and loss was grievous to New England. Some pious minds gave over all hopes of reducing Canada. So many attempts blasted, plainly indicated, as they conceived, that Provi- dence never designed the whole northern continent of America for one European nation. Upon the first news in England of the disaster, the blame was laid upon governor Dudley, and it was said he would be removed, but his conduct soon appeared to Lave been unexceptionable. Upon the return of the Massachusetts troops, they gave an account of the freedom used by the sea and land officers, in attributing the whole mis- fortune to the colonies. The forces were unreason- ably detained at Boston -the provisions fell short of what was expected the pilots were ignorant, and not fit to be trusted. The general court therefore thought that it was necessary to exculpate them- selves ; and that it would be prudent to lay no blame any where else. The governor, in his speech, October 17, says, " I condole with you upon the sorrowful disaster of the fleet and forces sent hither, by her majesty's special favour, to all her good sub- jects in the provinces of North America. I have had time enough, since the account thereof; to con- sider the several articles of her majesty's commands to this government for the putting forward the ex- pedition, and, therein, 1 cannot charge this assem- bly with neglect in any particular; but when I peruse the journal of the proceedings, I think there was all provision and expedition made, in every article referring to soldiers, artificers, pilots, trans- ports, and provisions for the service of her majesty's British forces, as well as our own ; which I hope you will see reason to consider and represent home tor our justification, that it may be demonstrated, that we were in earnest to do our duty, to the ut- most, for our own benefit and establishment, as well as her majesty's honour and just rights." Three of the principal pilots in the service, were sent to England, to be ready to give an account of their conduct, if inquiry should be made. A journal of the proceedings relative to the expedition was prepared and transmitted, together with an address to the queen. The instructions to the agent were given with prudence and caution. " It chiefly con- cerns us to set forth that we have done our duty, by giving all assistance in obedience to her majesty's royal commands, as we have represented in our humble address herewith transmitted to be presented by you, and will appear by the journal and orders accompanying the same. We comported with the supplies, in the large demands made upon us, to the utmost of our power, beyond what we had at first a reasonable prospect to have provided timely, having so short a notice ; but made our utmost efforts, and happily got through the same, in which you are to vindicate and justify the government. " It is not our province, nor must you enter there- into, to fault or impeach others, for want of doing their duty, or for their conduct in that affair, any further than is absolutely necessary for our own vindication. If there be just cause, therefore, her majesty, in her princely wisdom, will direct the in- quiry thereinto." The pilots waited many months in England, ready to answer any questions, but none were ever asked, nor was any inquiry ever made into the cause of the failure of the expedition. Upon the whole, it cannot be conceived that the admiral, general, and principal persons employed in the execution of this plan, pursued any particular measures in order to defeat and overthrow it ; that those who projected it in England, had not good reason to expect, from the insufficient provision made, that it must fail of success, and, at best, were all content that it should, is not so certain. The account which Charlevoix gives of the French pilot does not agree with Walker's. " There was on board the admiral, a French prisoner, one Para- dis, an old seaman who was perfectly acquainted with the River St. Lawrence. This man cautioned him, when he was off the seven islands, not to venture too near the land, and he obliged him to make fre- quent tacks, and to keep near the wind, which did not favour him. At length the admiral tired out, and, perhaps, suspecting the pilot only designed to wear out his men, refused to come to stays, and bordered so near a little island called the isle of eggs, that he and seven mure were driven ashore by a very sudden squall at south east, and stove to pieces, and but very few people were saved." A brief account of the disaster the fleet met with, is given in the following letter of the New England commissary, Sampson Sheaf: UNITED STATES. 307 " When I accepted the employment of commis- sary to the New England forces on the Canada expedition, it was in hopes of doing some good ser- vice ; wherein I designed to do my best, and hoped, with my diligence and best understanding to have been of some use ; but on the 22d of August, our fleet under the command of Sir Hovenden Walker, about eight or ten leagues above the entrance of Canada river, about eleven or twelve at night, met with a dismal disaster. Ten or eleven of the Bri- tish transports run on the north shore, and were dashed to pieces against the rocks. I hear but of one vessel belonging to New England met with any damage. There is an eminent providence of God therein, which doubtless we ought to consider ; but as to the instrumental cause, by whose misconduct, remains to be examined, and, I hope, will be made evident. The admiral and general were in great danger ; they saved tkemselves and their ships by anchoring, but lost several anchors. It was lamen- table to hear the shrieks of the sinking, drowning, departing souls. The ship, wherein I was embarked, with very great difficulty weathered the rocks ; but we were in no capacity to succour them that were in distress. " Admiral Walker, just before our departure from Spanish River, set up a cross with an inscription, dated 15th of September. In nomine Patris, $c., the purport of which was, that thereby he took pos- session of that country for her majesty. " This will be a bitter pill for New "England. The French will now employ their Indians with re- doubled rage and malice, to distress and destroy our exposed frontiers. " Annapolis-Royal, October 6, 1711." Although the principal object of this expedition was not obtained, yet, in all probability, Annapolis- Royal was saved by it from falling into the hands of the French. The garrison there was reduced to a handful of men. Between two and three hundred of the New England forces were kept there, after the place was reduced, and four out of five were dead, and they were afraid even of the Acadians alone, without any additional strength; but the French court, sensible of their mistake in not giving more attention to the preservation of that country when it was in their hands, pressed the governor of Cana- da, in the strongest manner, to exert himself for the recovery of it. A body of troops was raised and ready to depart from Canada, when the news arrived of the English fleet and other preparations making ; and the men which were designed against Nova- Scotia were detained at home to defend Canada. The French inhabitants of Nora-Scotia, having notice of the force intended from Canada, grew in- solent, and it was not safe for an Englishman to stir out of the fort. As soon as they heard of the dis- appointment, they became submissive again and made acknowledgment of their faults; but at the same time let Vaudreuil know, that the French king had no better subjects, and necessity alone had brought them to this submission. These were the in- habitants round the fort, included in the capitulation. Many of those at a distance had not yet submitted to the English, and Capt. Pigeon, an officer of the regulars, was sent up the river to destroy some of the French houses, as well as to cut timber for the repair of the fort. He was surprised by a great number of Indians, who killed the fort major, the engineer, and all the boat's crew, and took thirty or forty of the garrison prisoners. This encouraged the inhabitants again to take up arms, and five hundred of them, with as many Indians as they could collect, were preparing to attack the fort, ex'- pecting an experienced officer from Placentia to head them; but the governor not being able to spare one, they laid down their arms again and dis- persed. To meet the French or Indian enemy, who were expected upon our frontiers, Col Walton was sent, in the fall, with 180 men, as far as Penobscot, where he burned two vessels which were designed for pri- vateers or cruize rs, and took some prisoners. The year 1711 was rendered remarkable by a fire in the town of Boston, which from that time until the year 1760 was called the great fire. It was sup- posed to have been caused by the carelessness of an old woman in or near what was called Williams's-court; all the houses on both sides of Cornhill, from School- street to what was called the stone shop in Dock- square, all the upper part of King-street on the south and north side, together with the town-house, and what was called the old meeting-house above it, were consumed to ashes. Col. Tailer arrived in the fall of the year 1711, with her majesty's commission for lieut.-governor. (1712.) Early in the spring the enemy attacked Exeter, Kittery, York, and Wells. In May, a party of English went up Merrimack river and killed eight Indians, without loss to themselves; but the Indians did not rest long without revenge. In June and July, they killed or took several prisoners from Berwick, Kittery, Wells, Dover, and Kingston. At Dover, apprehending they were in danger as they were scalping two children, for greater dispatch they took off both their heads, leaving the bodies a re- yolting spectacle. In the autumn, a great number of people being at a wedding of Capt. Wheelwright's daughter, of Wells, the enemy surprised several of the company, and among the rest, the bridegroom, Mr. Plaisted, son to a gentleman of Portsmouth. The Indians expected a good ransom for such a pri- soner, and, instead of carrying him to Canada, sent in a flag, and offered, upon payment of three hundred pounds to release him, and the money was paid and the prisoner returned. We become wearied of rer lating these inroads and atrocities of the enemy, many of which have been given in general terms, to avoid frequently enumerating circumstances which can excite nothing but horror and disgust. This was the last action of any consequence. (1713.) In the spring, after the peace of Utrecht was known in America, the Indians sent in to Major Moodey at Casco, to pray that there might be peace between the English and them also, and also proposed a treaty to be held there; but the governor thought it more for his honour to oblige them to come to Ports- mouth, the chief town of one of his governments, than to go to the borders of their usual residence ; and, upon the 13th of July, they entered anew into articles of submission and pacification, signed by a number of chiefs of their several tribes, wherein they asked pardon for all their past rebellions and viola- tions of former promises, and engaged to demean themselves for the future as faithful subjects of the crown of Great Britain. It may here be observed, that though the inhabitants in the colonies, in gene- ral, double their numbers, from their natural growth or increase, in twenty-five years at most, yet the growth of the Massachusetts colony and New Hamp- shire have borne no proportion to the rest; and in the year 1713 there was not double the number of inhabitants in the Massachusetts province, which the several colonies of which it was formed con^ 2Q2 308 THE HISTORY OF AMERICA. tained fifty years"before ; and yet during this perio there was no remarkable emigration to other colo nies: there was vacant land sufficient to exten settlements upon, and as easy to be procured as anj where else: the heavy taxes may have driven som< to other governments ; but the chief reason of th< difference is to be found in the constant state of wa which these two provinces were in, the Massachu setts more especially. From 1675 to 1713, five o; six thousand of the youth of the country had perish ed by the enemy, or by distempers contracted in th< service; nine in ten of these would have been fa thers of families, and, in the course of forty years, have multiplied to near an hundred thousand souls. Th. heavy burdens which the province subjected itself to during this war, were beyond those of any other ten years from the first settlement. The castle and other'fortifkations at Boston, the several forts in the eastern country, the various expensive expe- ditions actually prosecuted, and the preparations made for others", added to the constant defence of the extensive frontiers and to the support of the civil go- ve'rnment, without any relief or compensation from the crown, must have occasioned such an annual burden as was not felt by any other subjects of Great Britain, and the merit of the people of that day- ought not to be forgotten. The settlement of the line of jurisdiction between the province and the colony of Connecticut, which was accomplished in the year 1713, after ineffectual attempts for several years before, deserves particular notice. In 1636 the first settlers upon Connecticut river had removed from the Massachusetts, and taken possession of the country upon and near the river on both sides, from Springfield as low as Weathersfield, inclusive of both, and managed their affairs by virtue of authority from the general court of the Massachusetts. In 1638 the inhabitants of Springfield, which included what was afterwards called Suffield, below on one side of the river, and Enfield on the other side, having no doubt that they were within the limits of the Massachusetts patent, petitioned the general court that they might be se- parated from the other towns below, and be received and continued as part of the colony, which was granted and jurisdiction exercised accordingly. In 1642, by order of the general court, two mathema- ticians, as they are called in the records, Nathan Woodward and Solomon Saffery, ran a line west, as they supposed, from a station three miles north of Charles river until they came to Windsor, upon Connecticut river, where it struck the house of Bis- sel, who kept the ferry. The people who had settled upon Connecticut river had no better title to land or jurisdiction than possession, the grant made by the Massachusetts general court being a mere nullity. In 1630, the Earl of Warwick had obtained from the council of Plymouth, a patent of the lands upon a straight line near the soa shore towards the south west, west and by south, or west, from Naraganset river forty leagues, as the coast lies towards Vir- ginia, and all within that breadth to the south sea ; and yet, in 1635, all the lands between Connecticut river and the Naraganset country were assigned by the same council to the Marquis of Hamilton. Lord Say and others had purchased the Earl of War- wick's title, and by their agents built a fort at the mouth of Connecticut river about the year 1635, and four or five years after Mr. Fenwick came over with design to take possession of the lands upon Connecticut river under lord Say, &c., and remained in possession of the mouth of the river until 1644, when the settlers purchased the title, as it was called, and formed themselves into, or continued the form they had assumed, of a body politic. When the line was run by Woodward and Saffery, Fenwick was to have joined, as the Massachusetts commissioners for the united colonies afterwards affirmed, though Connecticut commissioners denied it; and in 1648, when a dispute arose about a duty required of Springfield for the support of the fort at the mouth of the river, the Massachusetts offered to run the line anew if Connecticut would be at the charge, the Massachusetts having been at the sole charge before, but this was not agreed to, and the fort having been burnt down, and the controversy about the duty at an end, this line seems to have seen acquiesced in; and, in 1662, Mr. Winthrop ob- :ained from King Charles, a charter for the colonies )f Connecticut and New-Haven united, the north ine of which was said to be intended to be the same with the south line of Massachusetts. From this ;ime, until after the incorporation of the Massachu- setts by a new charter in 1691, we hear nothing about bounds, except some controversies between Springfield and Windsor about their towns grants, and letters from the authority of each government relative to it; and, in 1686, many of the inhabitants of Roxbury pitched upon a tract of land to settle ipon, which was bounded on the south by Wood- ward and Saffery's line, and it was granted to them by the Massachusetts government and took the name of Woodstock. Grants were also made to particular persons of tracts of land near to this line. After the new charter, Connecticut made a more erious affair of what was called the Massachusetts encroachments, and in 1700, upon the appointment >f a committee by Connecticut with a general power o settle the bounds between the two governments, he Massachusetts appointed a committee with a pecial limited power, viz. " to find the southernmost ine of the late colony of Massachusetts-bay as nciently run by Nathaniel Woodward and Solomon Saffery, and to "make report thereof to the general ourt." This was not what Connecticut wanted, for bey supposed Woodward and Saffery's line to be rroneous: however they appointed a committee to ttend the work, who reported to their constituents tiat a line from three miles north of Charles river, r Woodward and Saffery's station, would run some iiles to the northward of John Bissell's house, where Voodward and Saffery supposed it to run; and in 702 Mr. Winthrop, the governor of Connecticut, wrote to governor Dudley, and desired that the Massachusetts would join in ascertaining the differ- nce of latitude between the Charles River station nd Bissell's house. There were other attempts to ring this affair to a conclusion, but ineffectual, and n 1708, by a state of the case read in both houses, t appears that the Massachusetts intended "to rely pon the line formerly run, as it is therein said, by wo skilful artists in the year 1642, and which has ontinued the stated boundary for sixty-six years." hey add, " that the Connecticut charter which was ranted in 1662 was bound by the south line of the Massachusetts, which was net then an imaginary or ntried line, but well known to the gentleman who elicited that charter, who if he had thought it con- rovertible would doubtless have obtained an order >r rectifying and adjusting it; and supposing, which as not granted, that there should be any error or mistake in the line, yet, having been run and stated o long before the grant of Connecticut charter, and UNITED STATES. 309 held by possession for sixty-six years, and towns and plantations having been granted and settled upon the same, it was unreasonable, now, to draw it into question." There being so little prospect of the Massachusetts receding from a line of which they had so long been in possession, Connecticut made their application to England, and it appears by a letter from governor Saltoustall, of Connecticut, in 17 10, that he was ex- pecting orders concerning it If any came, pro- bably they were such as repeatedly afterwards were sent to New Hampshire, viz. to settle the controversy by commissioners appointed or agreed upon by the general courts of each colony. Be that as it may, it is certain that Connecticut renewed their applica- tion to the Massachusetts, and at last commissions passed the seals of each government with ample powers to settle the controversy. The Massachu- setts were intent upon securing the property to such persons to whom they had granted lands and the jurisdiction of those towns which had been settled by them. Suffield, Enfield, and Woodstock were *he only towns which could be affected. Connecticut was also apprehensive that part of the town of Sims- bury, which had been settled by that government, might fall within the Massachusetts. It was there- fore settled as a preliminary, that the towns should remain to the governments by which they had been settled, and the property of as many acres as should appear upon a balance to have been gained by one government from the other should be conveyed out of other unimproved lauds as a satisfaction or equi- valent; only, as there was about two miles which Windsor claimed upon the town of Suffield, there having been a long contest between these two towns concerning the validity of the respective grants, it was agreed the two miles should belong to the Con- necticut if they fell within their line. Nothing could be more equitable, nor tend more to the future peace and content of the inhabitants of the contested borders. It appeared, by the report of the commissioners, that 107,793 acres of land were due from the Mas- sachusetts, who accordingly made a grant thereof to Connecticut. They accepted and made sale of the same, and applied the produce to the support of Yale college and other public uses, and the controverted towns for many years after continued without mo- lestation under the jurisdiction by which they were settled. The affairs of the war had so engaged the atten- tion of all persons, that we hear little of party dis- putes and discord, for five or six years ; but as soon as they were delivered from enemies without, a con- tention began within, from a new cause, the effects of which were felt for many years together. The paper bills of credit were the cause of this conten- tion: so many of which had been issued for the charges of the war (particularly the large sum of forty thousand pounds, issued for the Canada expe- dition), that they were become the sole instrument and measure of commerce, and silver and gold were entirely banished. Of two instruments, one in use in a particular state only, the other with the whole commercial world, it is easy to determine which must leave that particular state and which remain. The currency of silver and gold entirely ceasing, the price of every thing bought or sold was no longer compared therewith, but with the paper bills, or ra- ther with mere ideal pounds, shillings, and pence. The rise of exchange with England and all other countries .was not attributed to the true cause, the want of a fixed staple medium, but to the general bad state of the trade. It was thought that increas ing the paper bills would enliven and reform the trade. Three parties were formed, one very small, which were for drawing in the paper bills and de- pending upon silver and gold currency. Mr. Hutch- inson, one of the members for Boston, was among the most active of this party. He was an enemy, all his life, to a depreciating currency, upon a prin- ciple very ancient, but too seldom practised upon, nil utile quod non honcstum : nothing is useful which is not honest Another party was very numerous. These had projected a private bank, or rather had taken up a project published in London in the year 1684; but this not being generally known in America, a mer- chant in Boston was the reputed father of it. There was nothing more in it, than issuing bills of credit, which all the members of the company promised to receive as money, but at no certain value compared with silver and gold; and real estates, to a sufficient value, were to be bound as a security that the com- pany should perform their engagements. They were soliciting the sanction of the general court, and an act of government to incorporate them. This party, generally, consisted of persons in difficult or involved circumstances in trade, or such as were pos- sessed of real estates, but had little or no ready mo- ney at command, or men of no substance at all; and we may well enough suppose the party to be very numerous. Some, no doubt, joined them from mis- taken principles, and an apprehension that it was a scheme beneficial to the public, and some for party sake and popular applause. Three of the representatives of Boston, Mr. Cooke, Mr. Noyes, a gentleman in great esteem with the inhabitants in general, and Mr. Payne, were the supporters of the party. Mr. Hutchinsou, the other (an attempt to leave him out of the house not suc- ceeding), was sent from the house to the council, where his opposition would be of less consequence. The governor was no favourer of the scheme, but the lieut.-governor, a gentleman of no great fortune, and whose stipend from the government was trifling, engaged in this cause with great zeal. A third party, though very opposite to the private bank, yet were no enemies to bills of credit. They were in favour of a loan of bills from th& govern- ment to any of the inhabitants who would mortgage their estates as a security for the repayment of the bills with interest, in a term of years, the interest to be paid annually, and applied to the support of government. This was an easy way of paying pub- lic charges, which, no doubt, they wondered that in so many ages the wisdom of other governments had never discovered. The principal men of the council were in favour of it, and it being thought by the first party the least of the two evils, they fell in with the scheme, and, after that, the country was divided be- tween the public and private bank. The house of representatives was nearly equally divided, but rather favourers of the private bank, from the great influ- ence of the Boston members in the house, and a great number of persons of the town, out of it. The controversy spread universally, and divided towns, parishes, and private families. (1714.) At length, after a long struggle, the party for the public bank prevailed in the general court, for a loan of fifty thousand pounds in bills of credit, which were put into the hands of trustees and lent for five years only, to any of the inhabitants at fi r e per cent, interest, one-fifth part of the principal to 310 THE HISTORY OF AMERICA. be paid annually. This lessened the number of the' party for the private bank, but it increased the zeal, and raised a strong resentment, in those which re- mained. A vessel, which arrived at Boston from Ireland on the 15th of September, brought the first news of the death of the queen, and the accession of king George the First ; and two days after, a vessel arrived, from some part of Great Britain, with the printed pro- clamation in the London Gazette. This, the go- vernor thought sufficient warrant, without express orders, for proclaiming the king in the province. The practice in the colonies has not been uniform on the like occasions. At New Hampshire, the king was proclaimed from the same intelligence, the 22d of September; at Rhode-Island, the 29th; at New York, on the llth of October; at New Haven, in Connecticut, the 14th; at Philadelphia, the 27th; no express orders being received in any of those places : but at Annapolis-Royal it was de- layed until the 2d of December. The propriety of proceeding without express orders has been ques- tioned ; but the absurdity of acts of government in the name and by authority of a prince, for months together, after certain intelligence of their demise, has generally influenced the governors to proceed. The secret designs of Queen Anne's last ministry were no where more suspected, nor more dreaded, than in Massachusetts ; and the 1 st of August was no where celebrated with greater joy, during the whole of the king's reign. The Hazard sloop, sent express from England with orders to the government, was lost upon Co- hasset rocks, the 12th of November, the vessel being stove to pieces and no papers of any consequence saved. Enough washed ashore to make certain what vessel it was, and one man had been landed and left at Nantucket. Six months, from the king's accession, had expired and no orders had arrived for continuing officers in their posts. The authority of the governor began to be called in question. Ac- cording to the charter, upon the death, removal, or absence of the governor or lieut. -governor, and there being no person commissioned as governor within the province, the government devolves upon the coun- cil or the major part of them. The council deriving their authority from charter and not from a royal commission, the act of parliament, limiting the con tinuance in office to six months after the death of a prince, it was supposed could not affect their au- thority. The advice of the miscarriage of the first orders went the first opportunity to England, and new orders were daily expected, and some were in- clined to wait; but, on the 4th of February, the council assumed the government, the lieut. governor, being of the council, joining with the rest, and is sued a proclamation for all officers to continue in their posts, &c. An instruction had been given by the queen, in 1707, directing that in case of the death or absence of the governor and lieut.-governor, the eldest coun- sellor should preside in the province ; but the charter giving the powers of government to the major part, this instruction was not regarded. The administration of the council was short, and nothing of moment was transacted. On the 21st ol March, the king's proclamation was received, and the governor reassumed with as great parade as il he had been first entering upon the government; but he had reason to expect his rule would be short His friends in the province were increased. Those who had been his greatest opposcrs had many oJ them changed sides, and were strongly attached to bim, and used what interest they had with Sir Wil- liam Ashurst and others, that he might be continu- ed, and at their request Ashurst appeared for him. The Bankers were the most disaffected, and Colonel Byfield, a gentleman of the council, father-in-law to the lieut.-governor, went over to England to endea- vour to supplant him, but wanted interest. In Eng- land Mr. Dudley lost his friends by the queen's death. Colonel Burgess, who had served under General Stanhope, was, by his interest, in February, appointed to the government, and his commissions passed the seals March the 17th, and Ashurst writes, that the General had promised to be answerable for his good behaviour. (1715.) Mr. Dudley met the assembly, at the election in May, but made no speech, though he had never failed of doing it before. The council and house chose his great adversary, Mr. Cooke, whom ho had so often negatived, into the council, and either from indifference, or a spirit of forgiveness before his political departure, he now approved of him. Colonel Burgess intended to stay a short time in England. The bank party were impatient for the removal of Dudley, who did not favour them, and whose second son, William Dudley, who began to have great weight in the house of representatives, was a violent opposer. An unusual step was taken, that the governor's commission might be superseded. An exemplification of Burgess's commission was ob- tained ; and that, with the new commission or war- rant to the lieut-governor, Tailer, were published in Boston, at the same time, the 9th of November; and thereupon Tailer took upon him the adminis- tration. It was questioned, whether this was regu- lar ; the commissions lay three or four weeks for the council to consider of; but at length they advised to the publication. No other instance of the publica- tion of a governor's commission in the Massachusetts before his arrival in person ever occurred. In Vir- ginia, it must have been practised, if a publication has been judged necessary ; as several of their go- vernors have never been in the colony. The house of representatives, the first day of their sitting (No- vember 23d), appointed a committee to consider of the commissions, but no public exception was taken. Mr. Dudley's friends were sensible he could con- tinue but a 'short time ; for the original commission, with the new governor, would remove all doubt ; -he himself was in advanced life, near seventy, and had felt so much of the burthen of government, that he might well be weary of it ; and, like his friend, Mr. Stoughton, wish to retire. No New England man had passed through more scenes of busy life than Mr. Dudley. He was edu- cated for the ministry, and if various dignities had been known in the New England churches, possibly he had lived and died a clergyman ; but, without this, nothing could be more dissonant from his ge- nius. He soon turned his thoughts to civil affairs ; was first a deputy, or representative of the town of Roxbury; then an assistant; then agent for the colony in England, where he laid a foundation for a commission, soon after, appointing him president of the council, first for Massachusetts Bay only, but, under Andros, for all New England. Upon the revolution, for a short time, he was sunk in disgrace, but soon emerged. He appeared, first, in the cha- racter of chief justice at New York, then, returning to England, became lieut.-governor of the Isle of Wight, and member of Parliament for Newtown, both which places he willingly resigned for the chief UNITED STATES. 311 commaud in his own country. Ambition was the ruling passion ; and, perhaps, like Ceesar, he had rather be the first man in New England than the second in Old. Few men have been pursued by their enemies with greater virulence, and few have been supported' by their friends with greater zeal. It has been seen that a second generation inherited the spirit of their ancestors, the descendants, on one side, preserving an affection for his family and pos- terity, and on the other, retaining equal disaffection against thorn. Some of his good qualities were so conspicuous, that his enemies could not avoid ac- knowledging them. He applied himself with the greatest diligence to the business of his station. The affairs of the war and other parts of his administra- tion were conducted with good judgment. In eco- nomy he excelled both in public and private life. He supported the dignity of a governor without the reproach of parsimony ; and yet, from the moderate emoluments of his post, made an addition to his paternal estate. The visible increase of his sub- stance made some incredible reports of bribery and corruption to be very easily received ; but, in times wnen party spirit prevails, what will not a gover- nor's enemies believe, however injurious and ab- surd ? It is no more than justice to his character, to allow that he had as many virtues as can consist with so great a thirst for honour atid power. His life would afford convincing evidence, if there was any doubt, that an humble calm mind enjoys more happiness in private life than an am- bitious anxious mind in the highest station. No man in that period had seen more of those vicissi- tudes of fortune and the age, which Cicero, in one of his epistles to Lucceius, says, afford a pleasing narration, however irksome to the man who has the experience of them. Colonel Tailer's strong attachment to the bank party procured him the administration for a few months ; but was the ultimate cause of his losing his commission for lieut.-governor. It was sup- posed, but it does not appear upon what grounds, that Colonel Burgess would favour the same party, and his arrival was every day wished for by them; whilst the other party dreaded it, and laboured to pi event it. It was said also, that, in other res- pects, he would by no means be agreeable to the country ; a gentleman of a more grave serious turn of mind would be more likely to be happy he-re himself, and to render the people so. Mr. Belcher, afterwards governor, who was very opposite to the bank party, was then in London, he joined with Mr. Dummer, the agent, and they engaged Sir William Ashurst with them, and prevailed upon Burgess for a thousand pounds sterling, which Belcher and Dummer advanced equally between them, to resign his commission, that Colonel Shute might be appointed in his stead. Colonel Tailer's friends had endeavoured to engage Ashurst in his favour, but to no purpose ; the same interest ob- tained the lieut-governor's commission for Mr. William Dummer, a New England gentleman, who had married a daughter of Mr. Dummer, one of the commissioners at Plymouth, and was in some post there himself; but, "his wife dying, he had returned to his native country. Colonel Shute's family were, generally, dissent- ers : His father, an eminent citizen in London; his mother, daughter of Mr. Caryl, a dissenting minister of great note. His brother, afterwards Lord Barrington, was then a member of parliament, and at the head of the dissenting interest. The colonel began his education under Mr. Charles Morton, who, about the year 1684, came to New England, and was minister of Charlestown. After tuition under him, he was sent to Leyden. He went after that into the army under King William, who made him a captain, served under the Duke of Marlborough, was a lieut.-colonel, and wounded in one of the principal battles in Flanders. He had a good acquaintance, and was w r ell esteemed at court; had the character of a friend to liberty, and was of an open, generous, and humane disposition. A governor of his character might be supposed to be welcome to New England men, but the interest of party prevails over all other considerations ; and virtue, religion, private friendship, and public good are all sacrificed to promote it. From the arrival of Governor Shute, in 1716. to the arrival of Governor Belcher, in 1730. Colonel Shute arrived at Boston, October the 4th, 1716, in a merchant ship, and was received with the usual parade. He made the opposers of the bank his first acquaintance, the old governor's family in particular, and took his lodgings at Mr. Paul Dudley's. He had received very unfavoura- ble impressions of the other party, from Mr. Bel- cher and Mr. Dummer, in England, and was con- sidered, from his first arrival, as an enemy to the scheme, and the heads of the party were the heads of an opposition, during the whole of his adminis- tration. In his first speech to the general court, November 7th, he put them in mind of the bad state of the trade of the province, an important article of any people's happiness, owing, as he supposed, to the great scarcity of money, and recommended the consideration of some effectual measures to sup- ply this want, and thereby to restore trade to a flourishing condition. He advocated the further emission of government bills, and the representa- tives, pleased with so easy a method of obtaining money, soon determined upon a second loan, of one hundred thousand pounds for ten years, to be put into the hands of commissioners appointed for each county in proportion to their taxes. This provision being made by the government, there was the less pretence for private persons or companies issuing their bills ; but it gave no relief to the trade, the whole currency soon depreciating to that degree, as, with this addition, to answer the purposes of money very little more than if it had not been made. The governor became sensible of it, and recommended to them to provide against it, which they were not able to do, and many of them would not have been willing if they had been able, being in debt; and, by means of the depreciation, discharging their debts by a nominal sum, perhaps of not more than one half of the real value of the debts. He soon found the effects of it upon his own salary, which they refused to advance as the bills sunk; and having recommended this measure in a public speech, it became more difficult afterwards to refuse repeat- ing it. The province had been at war with the eastern Indians, except some short intervals, far about forty years. The prospect of a long peace between Great Britain and France encouraged us to hope for the like with the Indians, who had always been under French influence; but their father, Ralle, a Jesuit, was constantly instigating them to insult and annoy the new settlers who, he pretended, encroached upon the lands of the Indians, and by supplying them with strong drink, del auched their morals and pre THE HISTORY OF AMERICA. vented the progress of the good work he had began among them. A treaty or conference was thought expedient to confirm them in their friendship with the English, and, if possible, to draw thorn from the Roman Catholic to the Protestant religion. The governor, therefore, the first summer after his arri- val, in August, (1717), attended by several of the council both of Massachusetts and New Hampshire, and other gentlemen, met the Indians at Arowsick Island. At the beginning of the conference, he delivered them an English and an Indian bible, which he told them contained the religion of the English, and at the same time recommended to them Mr. Baxter, a minister who went down as a missionary, and told them he would explain the Bible, and instruct them in the principles of religion. They were at no loss for an answer. " All people, they said, loved their own ministers ; and as for the Bible, they desired to be excused from keeping it, God had given them teaching, and if they should go from that they should displease God." They were fixed in their religion, and it would have been a loss of time to at- tempt to move them. The rest of the conference was upon the right of the English to settle in that part of the country. Upon complaint made, by the Indians, of encroachments upon their lands, the governor pro- duced one of the original deeds which had been given by their sachems. They acknowledged the lands, to the west of Kennebeck, belonged to the English, but they were sure no sale had ever been made of any lands to the east. The governor told them the English would not part with an inch of the land which belonged to them. The Indians were so offended, that they rose immediately, and, without ceremony, took to their canoes, and went to another island, where they had their head quar- ters, leaving behind an English flag which the go- vernor had given them. In the evening, several of them returned to Arowsick, with a letter from Ralle to the governor, acquainting him that the French king did not allow, that in any treaty he had given away the land of the Indians to the English, and would protect the Indians against the English en- croachments. The governor let them know, that he highly resented the insolence of the Jesuit, and the next morning ordered the signal for sailing. Ralle, in his letters, often laments the unsteadiness of the Indians. They were afraid at this time of a new war. The old men were loth to quit their vil- lages at Norridgewock and Penobscot, where they lived at ease, and encamp in the woods, or, which was much wor.se, depend upon the French who, they would often say, treated them like dogs when there was no immediate occasion for their service. This consideration induced them to send two of their number with a message to the governor, acknow- ledging that yesterday they had been rude and un- mannerly, and earnestly desiring to see him again. He let them know he would see them upon no terms, unless they quitted their pretensions to the lauds which belonged to the English. This the messen- gers promised should be done, and desired that the English colours which they had slighted might be returned them. In the evening they came again to the conference, and appointed a new speaker, as a mark of resentment to the former, who, they said, had behaved ill the day before ; and, without enter- ing into any dispute about particular limits or bounds, declared they were willing the English should settle where their predecessors had settled, desired to live in peace, and to be supplied with necessaries, in a way of trade, confessed that some of their inconsiderate young men had offered injuries to the English, and violated the treaty of Ports- mouth in 1713. After renewing that treaty, the conference ended. The administration of a new Governor in the colo- nies was formerly calm at first. Several months passed after Col. Shute's arrival, without open oppo sition to any measures. The town of Bolton at the first election of their representatives, left out such as had been bank men, and choose such as were of the other party, but Mr. Cooke, who was at the head of the first party, had interest enough to obtain a place in council. It was, soon after, insinuated that the governor was a weak man, easily led away, and that he was in the hcjads of the Dudleys, men of high principles in government, and it behoved the people to be very careful of their liberties. Mr. Cooke, who had the character of a fair and open enemy, was bold in expressing his sentiments, and the go- vernor was informed of some contemptuous language in private company, with which he was so much of- fended as to procure Mr. Cooke's removal from the place of clerk to the superior court. A dispute hap- pening about the same time between Mr. Bridges, surveyor of the woods, and the inhabitants of the province of Maine, concerning the property of the white pine trees within that province, Mr. Cooke immediately inserted himself in the controversy, publicly patronized the inhabitants, and in a me- morial to the house of representatives, charged the surveyor with mal-conduct in threatening to prose- cute all who, without licence from him, should cut any pine trees in their own ground, which Mr. Cooke alleged they had good right to do, and he further charged* the surveyor with permitting such persons, as would pay him for it, to cut down the trees which were said to belong to the king. The surveyor thereupon preferred his memorial to the governor and council, justifying himself in the discharge of his trust, and complaining of Mr. Cooke, one of the members of the council, for officiously concerning himself with the affairs of the surveyor's office, and obstructing his measures for the service of the crown. Mr. Cooke had many friends in the house ready to support him, and this dispute was the beginning of the public controversy which continued until the end of Col. Shute's administration; parties were formed, new subjects for contention from time to time were furnished, until at length the governor was forced to leave the province. In the month of April of this year (1717), a pirto. ship, the Whidah, of '23 guns and 130 men, Samuel Bellamy, commander, ventured upon the coast of New England, near to Cape Cod, and after havinjr taken several vessels, seven of the pirates were put on board one of them, who soon got drunk and went to sleep. The master of the vessel which had been taken, ran her ashore upon the back of the cape and the seven men were secured. Soon after, the pirate ship, in a storm, was forced ashore near the table land, and the whole crew, except one Englishman and one Indian, were drowned. Six of the company, upon trial by a special court of admiralty, were pro- nounced guilty, and executed at Boston, Nov. 15th. The famous Indian warrior, Benjamin Church, who had escaped the enemy's bullets in a great number of encounters when in the most imminent hazard, met death this year by a fall from his horse, at the age of 78. Mr. Woodward, secretary of the province, tired of a post of much labour and little emolument, disposed UNITED STATES. 313 of it to Josiah Willard, Esq.; who obtained the royal commission, and arrived at Boston, from London, December the 12th. (1713.) No vote of council upon this memorial can be found, but the governor espoused the cause of the surveyor, and, to shew his resentment against Mr. Cooke, when the list of counsellors was present- ed at the next election, directed his speech to him in particular, and let him know he would excuse him from attending at the board for the ensuing year. Mr. Cooke, soon after, presented his memorial to the council, in which he justified his own conduct, and charged Mr. Bridges with "using his utmost ef- forts to evade the rights and properties of the people in the province of Main, by his exorbitant actions, as well as basely betraying the trust the crown had invested him with, by daily selling and bartering the very logs and timber which he gave out was the king's, his master, whose bread he then eat." The council suffered the memorial to lie upon the table, but acted nothing upon it. Afterwards, upon the appointment of a committee by the house, they join- ed a committee of council to consider in general of Mr. Bridges's conduct. This committee, in their report, justified Mr. Cooke, and condemned the pro- ceedings of the surveyor. The council put off the consideration of this report also, but the house voted their acceptance of it. The governor, of course, transmitted to the board of trade an account of all these proceedings, and very soon received an answer censuring the house of representatives for counte- nancing and encouraging Mr. Cooke. This being laid before the house, they by a vote declared, that the censure of the board of trade was occasioned " by sending home the papers on one side only, whereby their lordships were informed ex parte," The house had avoided any direct attack upon the governor, until this vote; many of the principal members this year being well affected to him, but the party without doors, especially in Boston, had been increasing against him, and, at the next elec- tion for that town, they sent all new members, and a change was made in many other towns unfavour- able to the governor's interest. The famous projector, Captain Corarn, in the year 1718, was busy in a scheme for settling Nova-Scotia and the lands between Nova-Scotia and the province of Main, and a petition was preferred by Sir Alex- ander Cairnes, James Douglas, and Joshua Gee, in behalf of themselves and others, praying for a grant upon the sea-coast five leagues south west and five leagues north east of Chibuctow harbour, where they proposed to build a town, and to improve the country round it in raising hemp, in making pitch, tar, and turpentine, and they undertook to settle a certain number of families to consist of 200 persons in three years, the rest of his majesty's subjects not to be prohibited fishing on the coasts under regulations. To this petition Mr. Dummer, the Massachusetts agent, objected because of the last clause, which laid a restraint upon the fishery. The lords of trade, however, reported in favour of it, but it stopped in council. Another petition was preferred by William Arm- strong and others, who had been officers and soldiers in the army, " praying for a grant of the lands be- tween Nova-Scotia and the province of Main, the the said tract of land having been conquered by the French in 1696, and possessed by them until 1710, when it was recovered by the English, and by the treaty of Utrecht was, with Nova- Scotia, given up by France to the British crown." The conquest in 1696, was the taking Pemaquid fort and holding possession of the harbour two or three days. The general court being restrained from conveying these lands without consent of the crown, it was proposed that if they would consent to resign the jurisdiction between Kennebeck and Penobscot the crown should confirm the property of the soil, but upon the pro- posal being communicated to the court, they in- structed their agent to make no concessions. One Sarah Watts, setting forth that she was heir at law to Thomas Goffe, deputy governor and one of the twenty-six patentees of the old colony, claimed a 16th part of the colony, and the issues and profits for eighty or ninety years. She filed a bill of com- plaint in chancery against the province, and there was a commission of sequestration for several New England ships in the river, which cost the owners several guineas, each, to the sharpers who had urged the woman to the suit. The agent was required to answer the bill, which he did by declaring that if the complainant could even make it appear that Thomas Goffe was once seized of a 26th part of the colony, and that she was heir at law to him, which he did not believe she was able to do, yet he verily believ- ed that when the patentees, with others, were incor- porated into a body politic, their respective rights ceased and passed to the corporation, who had grant- ed the lands away. The poor woman was at last arrested for debt and sent to Newgate, where she perished. (1719.) The governor, in the beginning of the year 1718, had consented to an impost bill which laid a duty not only upon West India goods, wines, &c., but also upon English manufactures, and a duty of tonnage upon English ships. Before the session in May, the next year, he had received an instruc- tion from the king to give all encouragement to the manufactures of Great Britain. The house, how- ever, passed a bill of the same tenor with that of last year, and sent it to the council for their concurrence. An amendment was proposed, viz., to leave out the duty upon English vessels and goods, but the house adhered to their bill. A conference ensued, for the house was not, then, so exact as they have been since, in refusing to confer upon money bills. This produced nothing more than a proposal from the house to alter the word English to European, which, being trivial, was refused. It seems, the governor, a little out of time, had taken the opinion of the council upon this question, whether, consistent with his instruction, he could give his consent to the bill, which they determined he could not, if it should be offered to him. The house then tried the council with the following resolve, '" The house in- sist on their vote, forasmuch as the royal charter of this province gives power to the government to im- pose and levy proportionable and reasonable assess- ments, rates, and taxes upon the estates and persons of all and every the proprietors and inhabitants of the same, which this government has been in the free and uninterrupted exercise of ever since the enjoyment of the said charter." Sent to the upper house for their concurrence. The upper house was a new name for the council, and designed as a fleer, and to intimate that they might consider themselves in another capacity, than as privy council. Perhaps if Cromwell's epithet for his house of lords had come into their minds, it would have been, the other house. Taunts and language which tend to irritate, can upon no occasion be justifiable from one branch of the legislature to the other. Upon an agreement and harmony the interest of the people depends. 314 THE HISTORY OF AMERICA. Upon different apprehensions of this interest, if it be the real object, the several branches, by the per- suasive voice of reason, will strive to convince each other, and be willing to be convinced as truth shall appear. The council thought themselves unkindly treated; and, by a message, desired the house to alter their vote, but they refused to do it, and gave their rea- sons for the new form " The house have received new and unusual treatment from the board. 1st, It is new and unusual for the council to give his ex- cellency their advice upon a bill, till they have acted in concert with the house in concurring or non-concurring. 2d, It is likewise new and unusual for the council to desire a free conference, upon a subject matter, and then, at the management, to inform the house that by a previous vote they had so far engaged themselves that they could not re- cede from it. 3d, It is likewise a new and unusual method for the honourable board, after a message to the house during several amendments to a bill of rates and duties which were in a great measure agreed to by the house, immediately to non-concur (he bill. 4th, It is likewise new and unusual for the honourable board to intermeddle so much with the grants and funds, which this house take to be their peculiar province." The house having in this manner expressed their resentment, returned to their old style, and then the council, by message, let them know that they would not give their concurrence to any bill laying a duty upon European goods, denied the charge made against them by the house, of innovations, and intimated that any further messages would only tend to increase the misunderstanding and retard the affairs of the government, and desired the house, rather to join W 7 ith them in a diligent endeavour to bring the session to such a conclusion, as should promote his majesty's honour and the interest of the province. Several weeks having been spent in these alter- cations, the governor thought it time to interpose ; arid, sending for the house to the council-chamber, he made the following mild and healing speech to them. " Gentlemen, My design for sending for you up at this time, is to let you know hoiv concerned I am at the unhappy misunderstandings that have been for many years between the council and your house relating to the impost bill, and to assure you that no person here present can be more desirous of preserving the privileges of this people than myself, so far as is consistent with the late instructions 1 have received from my royal master, which have, by his special directions, been laid before this court. I am fully persuaded, that to act any way contrary thereto, after the many debates and votes which have been upon that head, would rather destroy than preserve those privileges we justly prize. Gentlemen, I desire your earnest consideration of what I have hinted ; that so the important affairs of the province yet lying before you may have a speedy and happy conclusion." This speech, which, a year or two after, when the prejudices against the governor were at the height, would have been excepted to as irregular and anti- cipating matters, which it would have been time enough for the governor to have declared his sense of when they came to be laid before him, had now a good effect, and the house, the same day, resolved that a new impost bill should be brought in, and that the controverted clause in the former bill should be left out, but in the preamble to their re- solve they made a heavy charge against the council for not concurring their former bill. " Whereas this house have voted, and passed a bill, granting to his majesty several rates and duties of impost and tonnage of shipping, in which was included one per cent, on European merchandize, for which article or clause the honourable council have several times non-concurred the said bill, not- withstanding all proper endeavours have been used by this house to attain the same which have hitherto proved fruitless, whereby a considerable part of the revenue, which would have accrued to this province, is for the present session foregone ; which also tends to the depriving this government of their just rights, powers, and privileges granted by the royal charter, resolved," &c. The council were fond of peace, and, as soon as this resolve came to their knowledge, they sent a message to the house desiring they would not print the resolve in their votes, as it would have an ill effect and would oblige the council, in their own vindication, to reply, although they wished that all controversy, between the two houses, might cease. The house printed it, notwithstanding, and the next day the council sent the following answer. " The board are very much concerned to find, among the votes of the honourable house, a decla- ration as if the council in non-concurring the bill of impost as it was first framed, had done that whereby a considerable part of the revenue, which would have accrued to this province, is for the present session foregone; which also tends to the depriving this government of their just rights, powers, and privi- leges granted by the royal charter. " This declaration contains, or implies, such a charge as the council can, by no means, suffer themselves to lie under, without asserting and so- lemnly declaring their integrity, and they are more surprised, at the imputation of doing a thing which tends to deprive this government of their just rights, powers and privileges granted by the royal charter; because, on the 23d current, the board sent down a message to the honourable house, ' that they were always ready and desirous to concur with the ho- nourable house of representatives in such proposals relating to an impost, as may not tend to alter or expose our present happy constitution under the royal charter ;' so that it was from a sincere and ju&t regard to the rights, powers, and privileges of this government granted by the royal charter, that the council chose rather to omit the duty of one per cent, on English goods for this session. " That the council apprehended the duty of on-e per cent, on English goods affected the trade of Great Britain, and so came within the meaning of his majesty's late additional instruction, is certain : and, being of that opinion, it would have been in- consistent for the board to concur the bill of impost as it was sent up ; however, they can boldly and truly say, they have acted from a principle of duty to his majesty, love and fidelity to their country, and have nothing more at heart than the just, wise, and careful preservation of those invaluable rights, powers, and privileges granted by the royal charter, which God long continue." This controversy being over, the court was pro- rogued. Before the next sessions in November, the gover- nor received a reprimand from the lords justices, the king being absent, for consenting to the duty on English goods, &c. by the impost act in 1718. Thifa. UNITED STATES. 315 he laid before the court. The same house, which had so long contended with the council, the session before, for this clause in the bill, now " readily ac- knowledge the exceptions taken to it are just and reasonable." An instruction to the governor to support the surveyor of the woods in the execution of his office, which was communicated to the house at the same time, was not so favourably received, and in an answer or remonstrance occasioned by the governor's speech they charge the surveyor with instances of very gross mal-conduct. What evi- dence they had of it does not now fully appear. The governor, by a message, desired that they would not print their remonstrance. They sent a com- mittee to acquaint him, they must insist upon the right they had to make it public. He made a very great mistake, and told the committee, that his majesty had given him the power of the press, and he would not suffer it to be printed. This doctrine would have done well enough in the reigns of the Stuarts. In the present age it is justly exception- able ; although, by the liberty of the press, we are not to understand a liberty of printing every thing, however criminal, with impunity. The house had no opportunity to take notice of this declaration. Upon another occasion they let him know they had not forgot it. The governor was so displeased with the proceedings of the house, that he put an end to the session, and they did not meet again. (1720.) We are now arrived to the memorable year 1720. The contests and dissentions in the go- vernment rose to a greater height than they had done since the religious feuds in the years 1636 and 1637. The public affairs, in general, were in a very in- different state. The Indians upon the eastern fron- tiers were continually insulting and menacing the English inhabitants, so that but little progress had been made in settling the country since the peace, and, this year, most of the settlements which had been begun were deserted, and a new war was every day expected. The trade of the province declined; there was a general cry for want of money, and yet the bills of credit, which were the only money, were daily de- preciating; the depreciation was grievous to all cre- ditors, but particularly distressing to the clergy and other salary men, to widows and orphans whose es- tates consisted of money at interest, perhaps just enough to support them, and being reduced to one half the former value, they found themselves on a sudden in a state of poverty and want; executors and administrators, and all who were possessed of the effects of others in trust, had a strong tempta- tion to retain them; the influence a bad currency has upon the morals of the people is greater than is generally imagined. Numbers of schemes, for pri- vate and public emissions of bills, were proposed as remedies, the only effectual one, the utter abolition of the bills, was omitted. By these calamities, the minds of the people were prepared for impressions from pamphlets, courants, and other newspapers, which were frequently pub- lished, in order to convince them, that their civil liberties and privileges were struck at, and that a general union was necessary. These did not pass without answers, attributing all the distress in public affairs to the wrath and resentment, the arts and sinister views, of a few particular persons ; but the voice of the people in general was against the go- vernor. In the mother country, when disputes arise between the branches of the legislature upon their re- spective rights, parties are formed and the body of the people are divided; for in a well constituted go- vernment it is of importance to the people that the share, even of the popular part of the constitution, should not be unduly raised to the suppression of the monarchical or aristocratical parts. From a regard to the common interest, therefore, in a dis- pute concerning prerogative and privilege, the peo- ple, ordinarily, are divided in sentiment. The rea- son is obvious why it is less frequently so in a colony. There, the people, in general, consider the prerogative as an interest; without them, separate and distinct from the interior interest of the colony: this takes their attention from the just proportion of weight due to each branch in the constitution, and causes a bias in favour of the popular art. For the same reason, men fond of popular applause are more sure of success, with less degree of part, in a colony, than in a state not so connected: and, consequently, men who with unbiassed judgments, discern and have virtue enough to pursue the real interest of their country, are more likely to be reproached arid vilified. The first act of the house of representatives was the choice of Mr. Cooke for their speaker. A com- mittee was sent to the governor at his house, to ac- quaint him with the choice. They reported, at their return, that his excellency said, '.' it was very well.' In the afternoon, the governor, being in council, sent the secretary to acquaint the house, that he was now in the chair and ready to receive their message, respecting the choice of a speaker. They sent back an answer, that his excellency, upon being informed of the choice in the morning, had said " it was very well," and they had recorded his answer in the books of the house. The governor replied, that he would receive no message from the house but when he was in the chair. The house then proposed, by message, to the council, to join with them in the business of the day, the choice of counsellors; b.ut upon the go- vernor's telling their committee, who carried up the message, that no election should be made until he was acquainted who was chosen speaker, the house sent a new committee to acquaint him with the choice they had made. The governor replied to this committee, that Mr. Cooke had treated him ill as the king's governor, and, therefore, according to the power given him by the royal charter, he nega- tived the choice, and desired they would proceed to choose another person. They sent back their an- swer, that they had chosen a speaker, according to their known and legal privileges, and therefore in- sisted upon the choice, and at the same time they renewed their motion to the council to join with them in the election. The governor told the com- mittee, that he had received a message from the house, acquainting him with the choice they had made of a speaker, which choice had been negatived and he was no speaker. Upon this, the house sent their committee to the board to acquaint them, that two messages having been sent to propose to the board to join in the choice of counsellors and no answer having been given, they now desired to know whether the board would join in the election or not. If there had been any further delay on the part of the board, it is very probable, the house would have proceeded without them, which must have increased the perplexity. The governor, therefore, left the board, having' first charged the secretary with the following message to the house, " His excellency orders me to acquaint you, he is informed that go- vernor Dudley did, in the time of his government, 316 THE HISTORY OF AMERICA. disallow of a speaker chosen by the house, and that his proceedings therein were approved by the com- missioners of trade and plantations, a-nd that he was thereupon directed by the said commissioners to ac- quaint the council, that it would not be thought fit tha-t her majesty's right of having a negative upon the choice of a speaker be given up, which was re- served to her majesty, as well by the charter, as by the constitution of England." Notwithstanding the warm disputes, in the pre- ceding year, between the two houses, only one new counsellor was chosen, John Burrill, Esq., of Lynn, who had been many years speaker of the house, but this year was sent to the board, in the room of Mr. Higginson. His temperate spirit, until now, had engaged the whole house in his favour, and, from year to year, procured him a general vote, but this year the house were willing to part with him for a gentleme-n obnoxious to the governor, which mea- sure, it was easy to foresee, must give a further oc- casion of controversy. Two of the new elected counsellors were nega- tived, Nathaniel Byfield, who had been soliciting in England for the government when Colonel Shute was appointed, and John Clark, who was a person of many valuable qualities, and obnoxious, only, for being strongly attached to Mr. Cooke, and having been a great supporter of the cause. After the election, the governor made a further attempt to bring the house to a compliance by the following speech. " Gentlemen. At the opening of this session you thought fit to make choice of Elisha Gooke, Esq. for your speaker; and, upon reporting of it to me, I did declare my disacceptance of that election, and am firm in my opinion that I had good right so to do, by virtue of his majesty's commission, and the powers reserved by the royal charter, and am also confirmed in it, by what I find transacted by the late governor Dudley, during his administration, and also by the opinion of the right honourable the lords of trade and plantations in that matter. I must further observe to you, that the person you have chosen had invaded the king my my master's rights in the woods of the province of Main, though confirmed to his majesty by an act of the British parliament, and I have received the thanks of the right honourable the lords of trade and plantations for removing him out of the coun- cil. He has ill treated me, who am the king's go- vernor, and has been censured by the council for it, which stands upon record in the council books. How acceptable this matter will be, at home, consi- dering the warning we have lately had from the court of Great Britain upon the account of passing the impost bill, will be worthy of your serious re- flection. These things I thought necessary to ac- quaint you with, and advise you to return to your house and choose some other person speaker, with a reservation of your own rights, until you shall send to the court of Great Britain for the explanation of that part of your charter, relating to the affair of a speaker." The house, immediately upon their return to their chamber, entered into a debate upon this speech, and the question being put, whether, for the reasons assigned by his excellency, the house will proceed to the choice of a new speaker, it passed in the ne- gative, nemine contradicente. The governor gave them no opportunity to pro- ceed on any other business, for the next day he sent for them up again, and, after another speech, dis- solved the court. " Gentlemen. Out of a tender regard I have for the welfare of this province, I shall give you the following advice before we part; that when it shall please God we meet again in a general assembly, which shall be as soon as possi- ble, you will not let this province suffer by the per- verse temper of a particular person, but that you will choose one for a speaker that has no other view but that of the public good, one that fears God and honours the king. It is irksome and disagreeable to me to dissolve an assembly, but as matters now stand, I am forced to do it, or must give up the king, my master's prerogative, which nothing shall ever oblige me to do, who am the king's governor. Gentlemen, I do not think it for the honour of his majesty's government that this assembly should sit any longer, and therefore I shall dissolve you." Writs were issued for a new assembly", to meet the 13th of July. The governor had no great rea- son to hope for a more favourable house. The people, in general, thought their privileges were at- tacked. The charter indeed was silent upon this point. In a dispute, between the crown and the house of commons in the reign of Charles the Se- cond, an expedient was found which seemed to avoid the acknowledgment of the right of the crown to refuse a speaker, but a provincial law was princi- pally relied upon which declares " that the repre- sentatives assembled in any great and general court shall be the sole judges of elections and qualifica- tions of their own members, and may from time to time settle, order, and purge their own house, and make such necessary orders for the due regulation thereof as they shall see occasion." Whether the legislators had in contemplation the right of the house to ckoose a speaker, exempt from the gover- nor's negative, might well be questioned ; but it was urged that the due regulation of the house might very well include this right. The towns, in general, sent the former members. Boston discovered how they stood affected by leaving out Mr. Tay, who was one of those persons who serve upon a pinch, when a favourite cannot be car- ried by a party, to stop the gap, and prevent an opposite candidate ; and he came in several times upon such occasions. In his room, the town now chose Mr. Clark, the negatived counsellor. The house was willing to sit and do business, which the choice of the former speaker would have prevented. They therefore pitched upon a person less attached to party, Timothy Lindall, one of the representatives of Salem, to whom no exception was taken. The governor, in his speech, recommended a peaceable session, but the house could not forget the late dissolution. They began with a warm mes- sage or remonstrance to the governor, in which they tell him, " the last assembly took no great pleasure in being dissolved, before they had gone through the usual necessary business ; their asserting and maintaining their just right and ancient privilege of choosing their speaker, and not owning his excel- lency's power to negative him, was nothing but what they were strictly obliged to ; and the new house are humbly of opinion, that whoever was of advice to his excellency, in the matter, did not consult his majesty's interest, nor the public weal and quiet of the government, but officiously endeavoured to beget unhappy misunderstandings between his excellency and the house, and break off that desirable harmonv which every one ought to keep up ; we earnestly hope and desire the province may never have an assembly that will willingly forego such a valuable privilege as King William and Queen Mary, of ever UNITED STATES. 317 blessed memory graciously favoured the province v/ith, when they gave their royal assent to a law, directing and governing that affair." All the subsequent proceedings of this short session shew how much the house was out of temper. An Indian war used to be universally dreaded. To prevent it, the governor and council had been treat- ing with three of the Penobscot tribe, who were sent for or came to Boston, and the house were desired to make a grant for a present to them, but by a vote they refused to do it. Some time after, they order- ed a small sum, ten pounds only. To the contro- versy with the governor, and the opposition made to the proposals which came from him, the war, which soon after broke out, was, by the governor's friends, attributed. There had been no public notaries in the province, except such as derived their authority from the arch- bishop of Canterbury. The house now first observ- ed, that a notary public was a civil officer, which by the charter was to be chosen by the general court, and sent a message desiring the council to join with the house in the choice of such an officer in each part of the province. To all instruments which were sent abroad, not only the attestation of the no- tary himself would be necessary, but a certificate under the province seal, to shew the authority to attest; the council therefore took time to consider of the expediency of appointing such an officer, and referred the matter to the next session, but the house immediately proceeded and chose the officers by their owr votes. The arguments, to prove that an officer to be chose by the whole court could de- rive an authority from the majority of the members of the house of representatives, have not been pre- served. Being offended with the council, the house sent a message desiring " that considering the low circum- stances of the province, no draught be made upon the treasury for expenses, at times of public rejoic- ing, for the future." It had been usual to make a grant to the governor for the salary of half the year, at the beginning of the session: the house deferred it until the close, and then reduced it from five to six hundred pounds, although the currency was depreciated. To the lieut-governor they used to make a present, once a year, never less than fifty pounds, they now reduced it to thirty-five. Mr. Dummer had so much spirit, that he inclosed the vote in a letter to the speaker, acquainting him that " having the honour to bear the king's commission for lieut.-governor of the pro- vince, and having been annually more than fifty pounds out of pocket in that service, he did not think it for his honour to accept of their grant." The governor took no public notice of the pro- ceedings of the house. On the 23d of July he put an end to the session. During the recess of the court (August 7th) a part of the eastern Indians fell upon Canso, within the province of Nova-Scotia, but peopled every sum- mer from the Massachusetts. The Indians surprised the English in their beds and stripped them of every thing, telling them they came to carry away what they could find upon their own land. Three or four of the English were killed. Some of the French of Cape Breton were in confederacy, and came vith their vessels, the next night, and carried off the plunder, together with about 2,000 quintals of fish. The English vessels in the harbour were not attempted. A sloop happening to arrive the next day, the master offered his service to go out and make reprisals, and being furnished with a number of men, and two or three small vessels for his con- sorts, for want of more ample authority, he took a commission from one Thomas Richards, a Canso justice, and went after the French, and soon brought in six or seven small fishing vessels, having all of them more or less of the English property aboard. Mr. Henshaw, of Boston, a principal merchant at Canso, went to Louisbourg with a complaint to the French governor, who excused himself from inter- meddling, the Indians not being French subjects, nor under his controul. The French prisoners were sent to Annapolis-royal. The loss sustained by the English, was estimated at twenty thousand pounds currency. The fears of the people, in the eastern parts of the Massachusetts, were increased by this stroke upon Canso. In a short time after the cattle were destroyed and the lives of the owners threatened. The governor was still desirous of preserving peace, and, by the advice of counsel, sent orders to Colonel Walton, the commanding officer of such forces as upon the alarm had been sent there, to inform the Indians, that commissioners should be sent to treat with them. The Indians liked the proposal and promised to attend the treaty. Before the time appointed the general court met, and the house passed a resolve, " that 150 effective men, under suitable officers, be forthwith ordered to march up to Norridgewock, and compel the Indians that shall be found there, or in other those parts, to make full satisfaction for the damage they have done the English, by killing their swine and sheep or carrying them away; or stealing provisions, cloth- ing, or any other way wronging them: and that a warrant be directed to Capt. John Leighton, high sheriff of the county of York, who is to accompany the forces for the apprehending and safe bringing Mr. Ralle to Boston, who is at present resident at or near Norridgewock, in Kennebeck river, in this province; and, if he be not to be found, that then the sheriff direct and command the Indians there, or in the parts adjacent, to bring in and sur- render up the Jesuit to him the sheriff; and, upon their refusal to comply with either of the said de- mands, that the commanding officer is to take the best and most effectual way to apprehend and secure the Indians so refusing, and safe conduct them to Boston.". The governor looked upon this resolve to be, in effect, a declaration of war and an invasion of the prerogative; it necessarily prevented a treaty he had agreed to hold with the Indians, aud a new war must be the consequence oi such a measure. The council were fond of peace, and when the resolve was sent to them for concurrence, they rejected it. The house were less averse to war. The charge of carrying it on, it was said, would be no burden to the province; the French, now, durst not join the Indians, and this would be the most favourable op- portunity which could be expected to subdue or ut- terly extirpate them. That the charge should be no burden seems to be a paradox, but a wild opi- nion had filled the minds of great part of the people of the province, that,if tills of credit could be issued, the advantage to trade would be so great, that the taxes by which, at distant periods, they were to be drawn in again would not be felt. Many schemes of public expense were projected, and, among the rest, a bridge over Charles river, broader and much deeper than the Thames at London or Westminster. The public records of the general court are al- 518 TH-E HISTORY OF AMERICA. ways open to the inspection of uu\ of the members, but, that the house might have them under their more immediate view and charge, they passed a vote, that the secretary should make duplicates of all public records, and that one set should be lodged , in such place as the house should appoint. The council, willing to have duplicates for greater se- curity, concurred with an amendment, viz., in such place as the general assembly should direct, but this amendment the house rejected. The house, finding the council a bar to their at- tempts, resolved, in oae instance, to act by them- selves. There was a complaint or suggestion, that false musters were made by some of the officers in the pay of the province. The house taking the affair into considera^-on resolved, "that one or more meet persons be appointed by this house clerk of the check, who shall, from time to time, have an inspection into the forts, garrisons, and forces, and take care that every one have their compliment of men; and the better to enable them to execute the trust reposed in them, that when and so often as they shall see reason, the commanders of the forts, gar- risons, and captains of any of the companies in the pay of this government, shall call forth their men before them, and, if any do not appear, the com- manding officer to give the reason of such absent men ; and that no muster roll shall be accepted and paid by the treasurer, unless approved of by the clerk of the check." The governor did not intend to admit this officer, appointed by the house, into the forts, garrisons, &c., which, by the charter, the crown had reserved to the governor, but he kept silent. To another act of the house the council took ex- ception. A message was sent by the house to the council to let them know they had appointed a committee to prepare a bill for levying soldiers, " taking it to be their peculiar care." Lest it should be understood that this was to exclude the council from concurring or non-concurring such bill, or from advising to the levying soldiers upon an emergency in the recess of the court, the coun- cil desired the house to withdraw those words, " taking it to be their peculiar care," which they agreed to. At this session, the house, again, withhelu one hundred pounds from the governor's usual half year's salary. He had passed it over without notice before, but now he thought it proper to lay before them a royal instruction to recommend to the as- sembly to establish a sufficient allowance for him by a fixed salary. They sent him a reply, " that they humbly conceived what was granted him was an honourable allowance, and the affair of settling sa- laries being a matter of great weight, and wholly new to the house, and many of the members absent, they did not think it proper to enter upon the con- sideration of it, but desired the court might rise." The governor complied with their request. The Massachusetts province afforded subject for some part of the madness of the people of England in this remarkable year. Waste lands have an ima- ginary value set upon them, sometimes higher, sometimes lower, and continually afforded subject for bubbles among themselves. Mr. Dummer raised a bubble from the eastern lands, but had not time foi any very great success. We give his letter, as a specimen of this kind of transaction : " It remains now that I give an account to the general court of a very considerable undertaking which I set on foot, and have been carrying on foi everal month's past in hopes to procure thereby many great advantages to the province. I have >rojected a scheme to raise hemp and flax in the 'astern frontiers of the province of Main for the upply of this kingdom. In order to accomplish his design, I proposed that the lands between St. Droix and Penobscot should be granted to the un- dertakers and their assigns by the crown., and that hey should also have a charter of incorporation, with all reasonable privileges and advantages al- "owed them. " I set myself heartily to work, and, that I might, ay a good foundation, I chose seventeen managers for the carrying it on, who are all persons of great distinction, and attend diligently upon the business at every meeting. My Lord Harrington is one, and Colonel Bladen, of the board of trade, is another, and Alderman Bailis, a commissioner of the cus- :oms, is a third. The rest are either men of note and figure in parliament, as Mr. Young, first com- missioner for stating the accounts of the army, or eminent citizens, as Sir Justus Beck, who is one of the greatest merchants in the kingdom. Being thus strong, I had no reason to take notice of Goram and friends, or to have any apprehensions of what they were doing, or capable of doing against me; yet, for quietness sake, I sent them word that, if they would withdraw their petition, and give me no more trouble, they should find an account of profit from this undertaking, beyond what they could ever expect, if it were to be under their own conduct. Coram immediately submitted to my petition, but when he afterwards was told that I had left out of my petition the tract of land between Kennebeck and Penobscot, he ran about in a mad rage, de- claring he would rather starve than come into it, and that the whole design was only a trick in me to save that fine country for the villainous people of New England. I have therefore since treated and agreed with his partners and patrons by whose interest he was supported, so that Coram is now entirely dropped, and I have no opposition. " Nevertheless, it is the opinion of the managers to rest a little till the ministry has quelled the great number of companies that are erected every day in defiance of the late act of parliament, and are so offensive to the government, that the best scheme in the world would suffer some disgrace by appearing at this time. I have only to add, that I have re- served twenty thousand pounds of the subscription for the use and benefit of the province; which, when the time comes, I will put in the name of proper trustees for that end." (1721.) At the opening the next session (March 15th), the governor, in his speech, recommended measures to prevent the depreciation of the currency, to suppress a trade carried on with the French at Cape Breton, and to punish the authors of factious and seditious papers, to provide a present for the five nations, and to enlarge his salary. They refused, directly or virtually, every propo- sal. To the first the house tell him, in their an- swer, " they had passed a bill for issuing one hun- dred thousand pounds more in bills of credit. This, alone, had a direct tendency to increase the mis- chief, but th blies, but he submitted. In consequence of the vote of the house, in the last session, the governor had directed an expedition to Penobscot, although it was not altogether agree- able to his own judgment. It seems he had hopes of an accommodation, with that tribe at least. Col. Walton, who had the command on the eastern fron- tiers, selected forces proper for the purpose, and they had actually began their march, when intelligence arrived to the Colonel, that Arowsick was attacked by a great number of Indians. He immediately sent an express with orders to the forces to return, and acquainted the governor with his proceedings. The council advised to keep the whole forces for the defence of our own inhabitants, and to suspend act- ing upon the offensive until winter, which they judged a more proper season for the expedition ; and the men, in consequence of this new advice, were employed in marches on the borders of the frontiers. But the house were dissatisfied, and sent a message to the governor " to desire him to order, by express, Col. Walton to appear forthwith before the house, to render his reasons why the orders relating to the expedition had not been executed." This was not only to take Walton from the command, as long as the house should think fit to detain him, but the or- ders, " relating to the expedition, " might be under- stood to mean the orders which had been given by the house, and not what he had received from the captain general. The governor told the committee that he would take no notice of the message from the house unless it was otherwise expressed; besides he and the council were well satisfied, and he thought every body else was. He added, that he intended the officers should give an account " to him " of their conduct. The next day (Nov. 20), hey sent another message to him to desire him to nformthe house, whether he would send for Walton as they had desired. He then told the committee, ic would send his answer to the house when they ;hought proper. Upon this, they seem to have ap- lointed a messenger to go to the eastward, upon what occasion does not appear, and the next day massed the following extraordinary vote: " Whereas iris house did, on Thursday last, appoint a commit- :ee to wait on his excellency the governor, praying lis orders for Col. Walton's appearance before the house, and renewed their request to him yesterday, and his excellency has not yet seen cause to comply with that vote, and the denial of Col. Walton's being sent for has extremely discouraged the house, in projecting any further schemes for carrying on the svar, under any views of success. And this house being zealously inclined to do what in them lies to bring this people out of the calamities and perplexi- ties of fhe present war, and to spare no cost and charge to effect so great a good, were some things at present remedied : We do, therefore, once more, h the greatest sincerity and concern for our country's good, apply to your excellency for your speedy issuing your orders concerning Col. Walton, to be dispatched by the messenger of this house going into those parts." The governor did not like to be so closely pressed, and when the committee came to his house, he told them he would not re- ceive the vote, and, as it was inserted in the report and journal of the house, " he went his way." They then appointed their speaker and eight principal members, a committee to wait upon the governor and desire him to return to the chair, " on some im- portant affairs which lay before the house," but he refused to see the committee, and directed his ser- vant to tell them he would not then be spoke to by any body. Walton was a New Hampshire man at the head of the forces, a small part only of which were raised in that government. This might prejudice many, but there was a private grudge against him, in sume of the leading men of the house, and they never left pursuing him until they effected his removal. The house, finding the governor would not comply, all their messages to him being exceptionable, as founded upon a supposed right in the house to call the officers out of the service to account before them whensoever they thought proper, and also to order the particular services in which the forces should be employed without leaving it in the governor's power to vary, they made some alterations in the form of their request, and (Dec. 4th) passed the following vote : " Whereas this house have been informed of divers miscarriages in the management of the war in the eastern country, voted that his excellency the governor be desired to express to Col. Walton, that he forthwith repair to Boston, and when he hath at- tended upon his excellency, that b.? would please to direct him to wait on this house, that they might ex- amine him concerning his late conduct in prosecu- iing the war, more especially referring to the late intended expedition to the. fort of Penobscot." This being more general,- and not confined to the laying aside the expedition, which was known to be in consequence of orders, the governor was willing it should be construed favourably and sent for Walton. The council having steadily adhered to the gover- nor, he took this opportunity to recommend to the house, to act jointly with the council in messages to him of general coacern, and at the same time, in a verbal message to the secretary, endeavoured to UNITED STATES. 329 soften the temper of the house. " Mr. Speaker, his excellency commands me to acquaint this honourable house, that he has taken into consideration the se- veral messages relating to Col. Walton, and thinks it most agreeable to the constitution, and what would tend to keep up a good agreement between the council and house of representatives, for all their messages, of a public nature and wherein the whole government is concerned, to be sent up to the council for their concurrence, and not immediately to himself; however, that he will give order for Col. Walton's coming up to town, and when he has re- ceived an account of his proceedings, the whole court shall have the hearing of him if they desire it." In this way, the governor intended to guard against any undue proceeding, there being no dan- ger of the council's condemning a measure to which a little while before they had given their advice and consent ; but the house improved the hint to a very different purpose, and on the 5th of December voted '' that a committee, to consist of eleven members of the two houses, seven of the house of representatives and four of the council, shall meet in the recess of the court, once in fourteen days, and oftener if occa- sion shall require, to concert what steps and methods shall be put in practice relative to the war, and hav- ing agreed upon any projections or designs, to lay them before his excellency for his approbation, who is desired to take effectual care to carry them into speedy execution." In affairs of government, of what nature soever, this was an innovation in the constitution ; but in matters relative to the war it was taking the powers from the governor, which be- longed to him by the constitution, and vesting them in a committee of the two houses. The council unanimously nonconcured the vote, and an alter- cation ensued between them and the house, but the council persevered. In the mean time the governor was engaged in the house with new disputes. The committee of the house, which had been sent to the eastern frontiers, returned, and instead of making their report to the governor, which was the condition of his consent to their authority, and of his orders to the officers to submit to them, they made their report to the house. This was disinge- nuous. It would not do to urge that he had no right to make conditions to their votes, for he had given no consent, unless it was conditional, and without his consent they could have no authority. As soon as he heard of the report, he sent to the house for his original order, which he had delivered to the committee. They answered that they were not possessed of it, but the chairman of the com- mittee had left an attested copy on their files, which he might have if he pleased, but he refused the copy and insisted upon the original. He then sent for John Wainwright, the chairman of the committee, to attend him in council, and there demanded the return of the original order. Wainwright, in gene- ral, was what was called a prerogative man, but the house had enjoined him not to return the order. He acknowledged he had the order in his possession, but desired to be excused from delivering it, the house having directed him to deliver no original papers. The original vote of the house and the go- vernor's order were as follows : " In the house of representatives, Nov. II, 1712. "Whereas this house have been informed of re- peated abuses and mismanagements among the offi- cers now in pay, tending greatly to the dishonour and damage of the government, and are desirous to use all proper and suitable methods for the full dis- covery thereof. And, to effect the same, have sent a committee from the house, to enquire into these rumours and report how they find things. We, the representatives, do most earnestly desire your excel- lency's orders, by the same committee, to the com- manding officer and all others in command there, to pay all proper deference to the vote and order of this house respecting the matter. " John Clarke, Speaker." "Boston, Nov. } To the officer commanding in chief the 17th, 1722. $ to the eastward. " I do hereby give orders to the commanding offi- cers and all other inferior officers, to pay deference to the committee, andrdo expect that the committee lay first before me their report as captain general, and, afterwards, upon the desire of the house of re- presentatives, it shall be laid before them. " Samuel Shute." The house expected the governor would complain of them for usurping a military power, and might refuse to part with the original votes or orders by which he had signified his consent to it, the condi- tion not preceding the exercise of such power. Soon after (Dec. 18th) Col. Walton came to town, and the house sent their committee to desire the go- vernor to direct him to attend the house the next morning, but the governor refused to give such or- ders, and told the committee, that if his officers were to answer for their conductj it should be before the whole court. They then sent their door keeper and messenger to Walton, and let him know the house expected his attendance. He went imme- diately, but refused to give any account of his pro- ceedings, without leave from the governor. The next day, Walton was ordered to appear before the whole court, and the governor sent a message by the secretary, to acquaint the house, that they might then ask any questions they thought proper relative to his conduct; but they resolved, that their intent in sending for him was that he should appear before them. The next day, he sent another message to acquaint the house that Walton was then before the governor and council with his journal, and if the bouse, inclined to it, he desired them to come up, and ask any questions they thought proper. They returned for answer, that they did not think it ex- pedient, for they looked upon it not only their pri- vilege, but duty, to demand, of any officer in the pay and service of the government, an account of his management, while employed by the public. This perhaps, in general, was not the cause of dispute, but the question was, whether he was cul- pable for observing the orders which the governor had given contrary to the declared mind and order of the house. They then passed an order for Wal- ton forthwith to lay his journal before the house. This was their last vote relative to this affair, whilst the governor was in the province. He had, without making it public, obtained his majesty's permission to leave the province and go to England. The pre- judice, in the minds of the common people, increas- ed every day. It was known to his friends, that as he sat in one of the chambers of his house, the win- dow and door of a closet being open, a bullet en- tered through the window and door passages, and passed very near him. If some thought this a mere accident, yet as he knew he had many virulent ene- mies, he could not be without suspicion of a wicked design ; but his principal intention in going home, was to represent the conduct of the house, to call them to answer before his majesty in council, and to obtain a decision of the points in, controversy, and 330 THE HISTORY OF AMERICA thereby to remove all occasion or pretence for fur- j ther disputes. Hie departure was very sudden. The Seahorse man of war, Captain Durell, lying in Nautasket, bound to Barbadoes, to convoy the Saltortugas fleet, the governor went on board her, Dec. 27th, intending to go from Barbadoes the first opportunity for London. Not one member of the court was in the secret, nor indeed any person in the province except two or three of his domestics. The wind proved contrary for three or four days, during which, the owners of the ship Ann, Captain Finch, which was then loading for London, by em- ploying a great number of hands, had her fitted for the sea and sent her to Nantasket, and offered the governor his passage in her, and he went on board and sailed the 1st of January. Colonel Shutc had the character of being humane, friendly, and benevolent, but somewhat warm and sudden upon provocations received, was a lover of case and diversions, and for the sake of indulging his inclinations, in those respects, would willingly have avoided controversy with particular persons or orders of men in the government ; but it was his misfortune to arrive when parties ran high, and the opposition had been violent. With great skill in the art of government, it might not have been im- possible for him to have kept both parties in sus- pense, without interesting himself on either side, until he had broken their respective connections or the animosity had subsided ; but, void of art, with great integrity, he attached himself to that party which appeared to him to be right, and made the other his irreconcilable enemies. His negativing Mr. Cooke, when chose to the council, was no more than what he had an undoubted right to do by charter, but the refusal to accept him as speaker, perhaps, was impolitic, the country in general sup- posing it to be an invasion of the rights of the house, and it would have been less exceptionable to have dissolved them immediately, which he had a right to do, than to dissolve them after an unsuccessful attempt to enforce his negative, when his right was doubtful in the province, although not so with the attorney and solicitor general, who supposed the house of representatives claimed a privilege which the house of commons did not. The leading men in the house of representatives did not think so. That point had not been in question in England since the reign of King Charles the Second, when it was rather avoided than determined, and it was not certain that the house of commons in the reign of King George the First would more readily have given up the point than their predecessors in the time of King Charles. The house, in the other parts of the controversy, had less to say for them- selves, and, with respect to the attempts upon his military authority, were glad to be excused by an acknowledgment of their having been in the wrong. The reducing his salary, which, at the highest, would no more than decejitly support him, was highly resented by him, and his friends said that he would have remained in the government, and waited the decision of the other points, if the two hundred pounds, equal to about fifty pounds sterling, the deduction made, had been restored. Under an absolute monarch the people are without spirit, wear their chains despairing of free- dom. A change of masters is the sum of their hopes, and, after insurrections and convulsions, they still continue slaves. In a government founded upon the principle of liberty, as far as government and liberty can consist, such are the sweets of li- berty, that we often see attempts for a greater de- gree of it than will consist with the established constitution, although anarchy, the greatest and worst of tyrannies may prove the consequence, until the eyes of the people are opened, and they see the necessity of returning to their former happy state of government and order. The lieut.-governor took the chair, under the disadvantage of being obliged to maintain the same cause which had forced his predecessor out of it. Personal prejudice against the governor was the cause of assuming rights reserved by charter to the crown. The cause now ceased, but power once as- sumed is not willingly parted with. Mr. Dummer had conducted himself very discreetly. His at- tachment to the cause of the governor lost him some friends, and proved a prejudice to him and to his successors, for it had been usual to make an annual grant or allowance to the lieut.-governor, in consi- deration of his being at hand, or as they expressed it, ready to serve the province, in case of the gover- nor's absence, but, after the two or three first years from his arrival, they withheld it. Without any mention of the unhappy state of affairs, in a short speech to the two houses, he let them know that he would concur with them in every measure for his majesty's service, and the good of the province. An aged senator, Mr. Sewall, the only person alive who had been an assistant under the old charter, addressed himself to the lieut.-governor with great gravity and simplicity, in a primitive style, which, however obsolete, may be worth preserving. " If your honour and the honourable board please to give me leave, I would speak a word or two, upon this solemn occasion. Although the unerring pro- vidence of God has brought your honour to the chair of government, in a cloudy and tempestuous season, yet you have this for your encouragement, that the people you have to do with are a part of the Israel of God, and you may expect to have of the prudence and patience of Moses communicated to you. for your conduct. It is evident, that our Almighty Saviour counselled the first planters to remove hither, and settle here, and they dutifully followed his advice, and therefore he will never leave nor forsake them, nor theirs; so that your honour must needs be happy in sincerely seeking their happiness and welfare, which your birth and education will incline you to do. Difficilia qucr, pulchra. I promise myself, that they who set at this board will yield their faithful advice to your honour, according to the duty of their place." The house thought it necessary to take immediate measures for their defence and vindication in Eng- land. The governor had mentioned nothing more to their lieut.-governor than, that he was embarked, and intended to return to his government early in the fall. This, the lieut.-governor communicated to the council, and the council to the house. They sent a committee immediately to the lieut.-governor, to pray him to inform them what he knew of the governor's intended voyage; but he could tell them no more. They then appointed another committee " to prepare and lay before the house what they think proper to be done in this critical juncture, in their just and necessary vindication at the court at home," and a ship, Captain Clerk, then ready to sail for London, was detained until the dispatches were ready. Anthony Sanderson, a merchant of London, had been recommended by Mr. Popple, of the plantation office, in a letter to the speaker, as a proper person for the province agent. To him the UNITED STATES. 331 house sent their papers, to be improved as they should order. (1723.) The house was loth, suddenly, to recede, and, the day after the governor sailed, they ap- pointed a committee, to join with a committee of council, to consider of proper ways for carrying into execution the report of a committee of war. This was the province of the captain general, and the council refused a concurrence. The house then passed another vote, protesting against carrying on an offensive war, unless Walton, the colonel, and Moody, the major, should be removed, and other suitable persons appointed. Before the council passed upon this vote, the two obnoxious persons were prevailed upon to write to the lieut. -governor, and desire a dismission, provided they might be paid their wages, and, the letters being communi- cated to the council, they passed another vote, de- siring the lieut.-governor to dismiss the officers, agreeable to the letters received from them. This vote the house non-concurred, and insisted upon their own vote, which the council then non-con- curred. The house then passed a resolve, that, un- less Walton and Moody were dismissed, they should be necessitated to draw off part of the forces, and sent their ' resolve to be laid upon the council table.' The lieut.-governor, by a message, let the house know, that the king had appointed him general of the forces, and that he, only, hud the power to draw them off, and added, that he expected all mes- sages from the house should be properly addressed to him, otherwise he should pay no regard to them. The house were sensible they had gone too far, and appointed a committee to wait upon the lieut.-go- vernor, to desire they might have leave to withdraw their resolve, and declared that, however expressed, they intended only that they would not vote any further pay and subsistence. They persisted, how- ever, in their refusal to provide for the pay of the two officers, whose dismission they required, nor would they make provision for further carrying on the war until other officers were appointed. Among the other instances of additional power to the house they had, by degrees, acquired, from the governor and council the keys of the treasury, and no monies could be issued without the vote of the house for that purpose. This is no more than some colonies, without charters, claim and enjoy; but by the charter, all monies are to be paid out of the treasury ' by warrant' from the governor, with advice and consent of the council. The right of the house to originate all acts and orders for raising monies from the people and to appropriate such monies to such services as they ' thought proper, was not disputed, but they went further, and would not admit that payment should be made for such services until they had judged whether they were well performed, and had passed a special order for such payment. Thus they kept every officer de- pendent, and Walton, because he had not observed their orders to go to Penobscot, but had conformed to the governor's orders, from whom he derived all the authority he had to march any where, was de nied his pay. Other matters were alleged against Walton in the course of the dispute, but this seems to have been the principal. The exposed state which the frontiers must have been in, if the forces had been drawn off, and they could not be kept there without pay, induced the lieut-governor to dismiss Walton, and to appoint Thomas Westbrooke colonel and commander-in- chicf, whereupon an establishment was settled by the house, premiums were gran ed for Indian scalps and prisoners, and au end was put to the session. The Indians, we have observed, were instigated by the French to begin the war. The old men were averse to it. Halle, with difficulty, prevailed upon the Norridgewocks. The Peuobscots were still more disinclined and, after hostilities began, expressed their desires of an accommodation. The St. Francois Indians, who lived upon the borders of Canada, and the St. John's, as also the Cape Sable Indians, were so remote, as not to fear the destruc- tion of their villages by the English. They mixed with the Norridgewocks and Penobscots, and made the war general. In the latter part of July the enemies surprized Canso, and other harbours near to it, and took sixteen or seventeen sail of fishing vessels, all belonging to the Massachusetts. Go- vernor Phillips happened to be at Canso, and caused two sloops to be manned, partly with volunteer sailors from merchant vessels, which were loading with fish, and sent them, under the command of John Eliot of Boston, and John Robinson of Cape Ann, in quest of the enemy. Eliot, as he was ranging the coast, observed seven vessels in a har- bour called Winnepaug, and concealed all his men, except four or five, until he came near to one of the vessels, which had about forty Indians aboard, who were in expectation of another 'prize falling into their hands. As soon as he was within hearing, they hoisted their pennants and called out, * strike, English dogs, and come aboard, for you are all prisoners.' Eliot answered, that he would make all the haste he could. Finding he made no attempt to escape, they began to fear a tartar, and cut their cable, with intent to run ashore, but he was too quick for them, and immediately clapped them aboard. For about half an hour they made a brave resistance; but, at length some of them jumping into the hold, Eliot threw his hand grenadoes after them, which made such havoc, that all which re- mained alive took to the water, where they were a fatal mark for the English shot. From this, or a like action, probably took rise a common expression among English soldiers, and sometimes English hunters, who, when they have killed an Indian, make their boast of having killed a black duck. Five only reached the shore. Eliot received three bad wounds, and several of the men were wounded, and one killed. Seven vessels, with several hundred quintals of fish, and fifteen of the captives, were recovered from the enemy. They had sent many of the prisoners away, and nine they had killed in cold blood. The Nova Scotia Indians had the character of being more savage and cruel than the other nations. Robinson retook two vessels, and killed several of the enemy. Five other vessels the Indians had carried so far up the bay, above the harbour of Ma- lagash, that they were out of his reach, and he had not sufficient men to land, the enemy being very numerous. The loss of so many men enraged them, and they had determined to revenge themselves upon the poor fishermen, above twenty of whom yet remained prisoners at Malagash harbour, and they were all destined to be sacrificed to the manes of the slain Indians. The powowing and other ceremonies were performing when Captain Blin, in a sloop, appeared off the harbour, and made the signal, or sent in a token, which had been agreed upon between him and the Indians, when he was their prisoner, should be his l protection. Three of the Indians went 332 THE HISTORY OF AMERICA. aboard his vessel, and agreed for the ransom both of vessels and captives, which were delivered to nim, and the ransom paid. In his way to Boston he made prisoners of three or four Indians near Cape Sables, and, about the same time, Captain Southack took two canoes, with three Indians in each, one of which was killed, and the other five brought to Boston. This Nova Scotia affair proved very unfortunate for the Indians. The Massachusetts frontiers af- forded them less plunder, but they were in less danger. On the 16th of September, between four and five hundred Indians were discovered upon Arowsick Island, by a party of soldiers who were employed as a guard to the inhabitants while at their labour. They immediately made an alarm, by firing some of their guns, and the inhabitants of the island, by this means, had sufficient notice to shelter themselves in the fort or garrison house, and also to secure part of their goods before the enemy came upon them. They fired some time upon the fort, and killed one man, after which they fell to destroying the cattle, about fifty head, and" plundering the houses, and set fire to twenty-six houses, the flames of which the owners beheld from the fort, lamenting the in- sufficiency of their numbers to sally out and prevent the mischief. These were the Indians who put a stop to the march to Penobscot. There were in the fort about forty soldiers, under Capt. Robert Temple and Capt. Penhallow. Capt. Temple was a gentleman who came over from Ireland, with an intent to settle in the country with a great number of families from the north of Ireland, but this rupture with the In- dians broke his measures, and having been an officer in the army, Col. Shute gave him a command here. Walton and Harman, upon the first alarm, made all the dispatch they could, and before night came to the island in two whaleboats with thirty men inore. With their joint force the English made an Attempt to repel the enemy, but the disproportion in numbers was such that, in a bush fight or behind trees, there was no chance, and the English retreat- ed to the fort. The enemy drew off the same night, and passing up Kennebeck river, met the province sloop, and firing upon her killed the master, Bar- tholomew Stretton, and then made an attempt upon Richmond fort, and from thence went to the village of Norridgewock, their head quarters. A man was killed at Berwick, which was the last mischief done by the enemy this first year of the war. When the general court met in May, next year, no advice had been received of any measures taken by the governor in England. The house chose their speaker, and placed him in the chair without pre- senting him to the lieut-governor, which he took no notice of. They continued their claim to a share in Ihe direction of the war, and insisted, that if any proposals of peace should be made by the Indians, they should be communicated to the house and ap- proved by them. They repeated also a vote for a committee of the two houses to meet in the recess of the court, and to settle plans for managing the af- fairs of the war, which the lieut.-governor was to carry into execution, but in this the council again noncurred. The lieut. -governor's seal being affixed to a belt, given to tne delegates from the Iroquois, who came to Boston to a conference, the house pas- sed a resolve " that the seal be defaced, and that the seal of the province be affixed to the belt, as the committee of the two houses have agreed," and sen the resolve to the council for their concurrence. The council, instead of concurring, voted, as well they might, that the resolve contained just matter of oft'enoe, and therefore they desired the house to withdraw it. This produced another resolve from the house still higher, " that the affixing a private seal, contrary to the agreement of a committee, was a high affront and indignity to them, and therefore they very justly expected the advisers and promo- ters thereof to be made known to the house." There was a double error in this transaction of the house, the lieut.-governor having the unquestionable right of ordering the form of proceeding in treaties or conferences of this kind, and the house having no authority to direct the king's seal to be applied to any purpose, the governor being the keeper of the seal; and although, in common parlance, called tht province seal, yet, properly speaking, it was the king's seal for the use of the province. The lieut.-governor took no public exception to any votes of the house this session, which we must presume to be owing to his apprehensions, that in a short time, a full consideration would be had ir England of matters of the same nature during Col Shute's administration. Before the next session r the general court (Oct. 23d), the agent, Mr. Sande son, transmitted to the speaker a copy of the hea of complaint exhibited against the house, for en- croaching upon his majesty's prerogative in seven instances. 1. "In their behaviour with respect to the trees reserved for masts for the royal navy. 2. For refusing to admit the governor's negative upon their choice of a speaker. 3. Assuming power in the appointment of days for fasting and thanksgiving. 4. Adjourning themselves to a distant day by their own act. 5. Dismantling forts, and directing the artillery and warlike stores to other than the custody of the captain general, or his order. 6. Suspending military officers and refusing their pay. 7. Appointing committees of their own to direct and muster his majesty's forces." The house voted the complaint groundless, and ordered one hundred pounds sterling to be remitted Sanderson, to enable him to employ counsel to justify the proceedings of the house. The vote being sent to the council was unanimously nonconcurred. The house then prepared an answer to the several articles of complaint, and an address to the king, to which they likewise desired the concurrence or ap- probation of the council ; but they were disapproved and sent back with a vote or message, that " in faithfulness to the province, and from a tender re- gard to the house of representatives, the board can- not but declare and give as their opinion, that the answer is not likely to recommend this government and people to the grace and favour of his majesty, but on the contrary, has a tendency to render us obnoxious to the royal displeasure." The house, however, ordered the answer and aa- dress to be signed by the speaker, and forwarded to Mr. Sanderson, to be improved as they should order. The council thereupon prepared a separate ad- dress to his majesty, and transmitted it to the go- vernor. The nonconcurrence of council with these measures of the house, was resented, and the houso desired to know what part of their answer had a ten- UNITED STATES. 333 dency to render the government and people obnox- j ious. Here the council, very prudently, avoided en- gaging in controversy with the house. '' It was not their design to enter into a detail, but only to inti- mate their opinion, that considering the present cir- cumstances of affairs, some better method might be taken than an absolute justification." They had shewn their dissatisfaction with the conduct of the house, in every article which furnished matter for the complaint, except that of the speaker, and did all in their power to prevent them; but now this conduct was impeached, the arguments used by the council in a dispute with the house, might be suffi- cient to justify the council and set their conduct in an advantageous light, but they would strengthen and increase the prejudice against the country in general. This was an instance of public spirit worthy of imitation. The house then resolved, " that being apprehen- sive that the liberties and pn'vileges of the people are struck at, by governor Shute's memorial to his majesty, it is therefore their duty as well as interest, to send some suitable person or persons from hence, to use the best method that may be to defend the constitution and charter privileges." They had no power over the treasury, without the council, and therefore sent this vote for concurrence; but it was refused, and the following vote passed in council in- stead of it: "The liberties and privileges of his ma- jesty's good subjects of this province being in dan- ger, at this present critical conjuncture of our public affairs at the court of Great Britain, and it being our duty as well as interest to use the best methods that maybe in defence of the same; and whereas Jeremiah Dummcr, Esq., the agent of this court, is a person of great knowledge and long experience in the affairs of the province, and has greatly merit- ed of this people, by his printed defence of the charter, and may reasonably be supposed more ca- pable of serving us in this existence, than any per- son that may be sent from hence, voted, that the said Mr. agent Dummer be directed to appear in behalf of the province, for the defence of the charter, according to such instructions as he shall receive frpm this court." This vote plainly intimated, that by the late conduct of the house, the charter of the province was in danger, but the house seem to have overlooked it, and concurred with~ an amendment, " that Mr. Sanderson and a person sent from hence be joined with Mr. Dummer." The council agreed, that a person should be sent home, but refused to join Sanderson. Before the house passed upon this amendment, they made a further trial to obtain an independency of the council, and voted, that there should be paid out of the treasury, to the speaker of the house, three hundred pounds sterling, to be ap- plied as the house should order. Near three weeks were spent in altercations upon this subject, between the council and the. house ; at length it was agreed that one hundred pounds should be at the disposal of the house, and two hundred to be paid to such agents as should be chosen by the whole court. The house were in arrears to Sanderson, which they wanted this money to discharge, and then were con- tent to drop him. The manner of chusing civil officers had been by a joint vote or ballot of council and house. This gave a great advantage to the house, who were four times the number of the board. But to be more sure of the person the majority of the house were fond of, they chose Mr. Cooke for agent, and sent the vote to the board for concurrence. The council nonconcured, and insisted on proceeding in the usual way, which the house were obliged to comply with. The choice, however, fell upon the same per- son, and he sailed for London the 18th of January. Col. Westbrook with 230 men set out from Kene- beck, the llth of February this year, with small ves- sels and a whale-boat, and ranged the coast as far east as Mount Desart. Upon his return, he went up Penobscot river, where, about thirty-two miles from the anchoring place of the transports, he discovered the Indian castle or fortress, wailed with stockadoes, about seventy feet in length and fifty in breadth, which inclosed twenty-three well finished wigwams. Without, was a church sixty feet long and thirty broad, very decently finished within and without, and a very commodious house in which the priest dwelt. All was deserted, and all the success attend- ing this expedition was the burning the village. The forces returned to St. Georges, the 20th of March. Captain Harman was intended, with about 120 men, for Norridgewock at the same time, and set out the 6th of February, but the rivers were so open and the ground so full of water, that they could neither pass by water nor land; and having with great difficulty reached to the upper falls of Amas- coggin, they divided into scouting parties, and re- turned without seeing any of the enemy.' An attempt was made to engage the six nations and the Scatacook Indians in the war, and commis- sioners were sent to Albany empowered to promise a bounty for every scalp if they would go out against the enemy, but they had no further success than a proposal to send a large number of delegates to Boston. The commissioners for Indian affairs in Albany had the command of the six nations, and would not have suffered them to engage in war if they had in- clined to it. The Massachusetts commissioners were amused, and a large sum was drawn from the go- vernment in valuable presents to no purpose. No less than sixty-three Indians came to Boston, Au- gust the 21st, the general court then sitting. A very formal conference was held with them, in the presence of the whole court, but the delegates would not involve their principals in war; if any of their young men inclined to go out with any parties of the English, they were at liberty and might do as they pleased. Two young fellows offered their ser- vice, and were sent down to Fort Richmond, on Kenebeok river. Capt. Heath the commander, or- dered his ensign (Coleby) and three of the garrison to go up the river with them. After they had tra- velled a league from the fort, they judged by the smell of fire that a party of the enemy must be near. The Mohawks would go no further until they were strengthened by more men, and sent to the fort for a whaleboat, with as many men as she could carry. Thirteen men were sent, and soon after they had joined the first party, about thirty of the enemy ap- peared, and after a smart skirmish fled to their ca- noes, carrying off two of their company dead, or so badly wounded as to be unable to walk, and leaving their packs behind. Coleby, who commanded the party, was killed, and two others wounded. The Mohawks had enough of the service and could not be prevailed on to stay any longer, and were sent back to Boston. Small parties of the enemy kept the frontiers in constant terror, and now and then met with success. In April they killed and took eight persons at Scarborough and Falmouth. Among the dead, was 334 THE HISTORY OF AMERICA. the serjeant of the fort, Chubb, whom the Indian took to be Capt. Harman, and no less than fifteen of them aimed at him at the same time, and lodged eleven bullets in his body. This was lucky for the rest, many more escaping to the fort than would otherwise have done. In May, they killed two at or near Berwick, one at Wells, and two travelling between York and Wells. In June, they came to Roger Bering's garrison, at Scarborough, killed his wife and took three of his children as they were picking berries, and killed two other persons. In July, Bominicus Jordan, a principal inhabitant and proprietor of Saco, was attacked in his field by five Indians, but keeping 1 his gun constantly presented, without firing, they did not care to close in with him, and after receiving three wounds recovered the garrison. In August, the enemy appeared west- ward, and on the 1 3th killed two men at Northfi eld ; and the next day a father and four of his sons, mak- ing hay at a meadow at Rutland, were surprised by about a dozen Indians. The father escaped in the bushes, but the four sons fell a prey to the enemy. Mr. Willard, the minister of Rutland, being abroad, armed, fell into their hands also, having killed one and wounded another before he was slain himself. The last of the month, they killed a man at Cocheco. and killed or carried away another at Arundel. The llth of October, about seventy of the enemy attack- ed the blockhouse above Northfield, and killed or wounded four or five of the English. Col. Stoddard marched immediately with fifty men from Nor- thampton to reinforce Northfield, fifty men belong- ing to Connecticut having been drawn off the day before. Justice should be done to the government of Connecticut. Their frontiers were covered by the Massachusetts, and if they had not contributed to the charge of the war, it was not probable that the Massachusetts people would have drawn in and left Connecticut frontiers exposed. Nevertheless, they generally, at the request of the Massachusetts, sent forces every year during the summer, in this and former wars, and paid their wages, the provis- ions being furnished by this government. In October, the enemy surprised one Cogswell, and a boat's crew, which were with him at Mount Besart. December 25th, about sixty Indians laid siege to the fort at Muscongus or St. George's. They surprised and took two of the garrison, who informed them the fort was in a miserable condition, but the chief officer there, Kennedy, being a bold, resolute man, the garrison held out until Colonel Westbrook arrived, with force sufficient to scatter the besiegers and put them to flight. This summer, also, July 14th, the Indians sur- prised one Captain Watkins, who was on a fishing voyage at Canso, and killed him and- three or four of his family upon DurelPs Island. Bouglas, and other writers, applaud the adminis- tration for conducting this war with great skill. The French could not join the Indians, as in for- mer wars. Parties of the English kept upon the march, backwards, and forwards, but saw no In- dians. Captain Moulton went up to Norridgewock, and brought away some books and papers of the Jesuit, Ralle, which discovered that the French were the instigators of the Indians to war, but he saw none of the enemy. He came off without des- troying their houses and church. Moulton was a discreet, as well as brave, man, and probably ima- gined this instance of his moderation would provoke in the Indians the like spirit towards the English. August 25. A Nipuiug Indian, John Quittamug, came to Boston, and was entertained by several gentlemen, who accounted him a great prodigy. Forty years before he had been remarked as an old Indian, and must now have been above 112 years of age. He constantly affirmed, that in the year 1630, upon a message from the English that they were in want of corn, soon after their arrival, he went with his father to Boston, and carried from the Nipmug country a bushel and a half of corn all the way upon his back, that there was then only one cellar began in the town, and that somewhere near the common. He was in good health, his under- standing and memory entire, and travelled on foot ten miles a day. He lived near the town of Wood- stock. His journey to Boston proved as fatal to him as old Thomas Parr's journey to London, sur- viving it a very short time after his return home, having been feasted by some of the principal gen- tlemen here as Parr had been at London. (1724.) The next year was unfavourable to the English in the former part of it, and the losses, upon the whole, exceeded those of the enemy ; but a successful stroke or two against them, in the course of the year, made them weary of war, and were the means of an accommodation. The 23d of March they killed one Smith, serjeant of the fort at Cape Porpoise. In April one Mitchell was killed at Black Point, and two of his sons taken, and about the same time John Felt, William Wormwell, and Ebenezer Lewis, were killed in a saw mill on Ken- nebeck river, and one Thomson at Berwick met -with the same fate in May, and one of his children was carried into captivity, another child was scalped, and left on the ground for dead, but soon after was taken up and carried home alive. In the same month they killed elder Knock, at Lamprey river, George Chapley, and a young woman, at Oyster river, as they were going home from public worship, and took prisoners a man and three boys at Kings- ton. The beginning of June a scout of thirty men, from Oyster liver, were attacked before they left the houses, and two men were shot down. The rest ran upon the Indians, aud put them to flight, leav- ing their packs and one of their company, who was killed in the skirmish. One Englishman was killed and two taken prisoners at Hatfield; another, with a friend Indian, and their horses, were killed be- tween Northfield and Beerfield. This month, news was brought to Boston of the loss of Captain Josiah Winslow and thirteen of his company, belonging to the fort at St. George's river. There went out seventeen men in two whale boats, April 30. The Indians, it seems, watched their motions and waited the most convenient time and place to attack them. The next day, as they were upon their return, they found themselves, on a sudden, surrounded with thirty canoes, whose compliment must be an hundred Indians. They attempted to land, but were intercepted, and nothing remained but to sell their lives as dear as they could They made a gallant defence, and the bra- re ry of their captain was, in an especial manner, applauded. Every Englishman was killed. Three Indians, of those called the Cape Ann Indians, who were of the company, made their escape, and car- ried to the fort the melancholy news. Encouraged by this success, the enemy made a still greater attempt, by water, seized two shallops at the Isle of Shoals, and, afterwards, other fishing vessels in other harbours, and, among the rest, a arge schooner, with two swivel guns, which they manned and cruized about the coast. A small force UNITED STATES. 335 was thought sufficient to conquer these raw sailors, and the lieut.-governor commissioned Doctor Jack- son, of the province of Main, in a small schooner, \vith twenty men, and Silvauus Lakeman, of Ips- wich, in a shallop with sixteen men, to go in quest of them. They soon came up with them, and, not long after, returned, with their rigging much da- maged by the swivel guns, and Jackson and several of his men wounded, and could give no other ac- count of the enemy than that they had gone to Pe- nobscot. The Seahorse, man of-war, Captain Durrell, being then upon the Boston station, the lieutenant, mas- ter, and master's mate, each of them took the com- mand of a small vessel, with thirty men each, and went after the Indians, but, it is probable, they were soon tired of this new business, for they were not to be found, nor do we meet with any further intelligence about them. They took eleven ves- sels, with forty-five men, twenty-two of whom they killed, and carried twenty-three into captivity. At Groton they killed one man, and left dead one of their own number. August 3d, they killed three, wounded one, and made another prisoner at Rutland. The Gth, four of them came upon a small house in Oxford, which was built under a hill. They made a breach in the roof, and, as one of them was attempting to enter, he received a shot in his belly, from a courageous woman, the only per- son in the house ; she had two muskets and two pistols charged, and was prepared for all four, but they thought fit to retreat, carrying off the dead or wounded man. The 16th a man was killed at Ber- wick, another wounded, and a third carried away. The 2Sth, one was killed, and another wounded, at Northampton, and the 26th, the enemy came to the house of John Hanson, one of the people called quakers, at Dover, and killed or carried away his wife, maid, and six children, the man himself being at the friends' meeting. This unfortunate man, Hanson, went afterwards to Ganda and redeemed his wife, three of his children, and the maid. Two of his sons were killed, a daughter, of seventeen years of age, he was obliged to leave in their hands. The Indians would permit him to see and converse with her, but would not part with her upon any terms. Discouraged with the ineffectual attempts to in- tercept the enemy, by parties of our forces marching upon the back of the frontiers, another expedition was resolved \xpon, in order to surprise them in their principal village at Norridgewock. Four companies, consisting in the whole of 208 men, were ordered up the river Kenebeck, under Captain Haraian, Captain Moulton, Captain Bourn, and lieutenant Bean. Three Indians, of the six nations, were prevailed with to accompany our forces. The different accounts given by the French and English of this expedition may afford some entertainment. Charlevoix, who was about that time in Canada, and might receive there or from thence the account given by the Indians themselves, relates it in this manner. " The 23d of August, 1724, eleven hundred men, part English, part In- dians, came up to Norridgewock. The thickets, with which the Indian village was surrounded, and the little care taken by the inhabitants to prevent a surprise, caused that the enemy were not discovered, until the very instant when they made a general discharge of their guns, and their shot had pene- trated all the Indian wigwams. There were not above fifty fighting men in the village. These took to their arms, and ran out in confusion, not with any expectation of defending the place against an enemy who were already in possession, but to favour the escape of their wives, their old men and chil- dren, and to give them time to recover the other side of the river, of which the English bad not then possessed themselves. " The noise and tumult gave father Ralle notice of the danger his converts were in. Not intimi- dated, he went to meet the enemy, in hopes to draw all their attention to himself, and secure his flock at the peril of his own life. He was not disap- pointed. As soon as he appeared, the English set up a great shout, which was followed by a shower of shot, and he fell down dead near to a cross which he had erected in the midst of the village, seven Indians, who accompanied him to shelter him with their own bodies, falling dead round about him. Thus died this kind shepherd, giving his life for hk sheep, after a painful mission of thirty-seven years. The Indians, who were all in the greatest conster- nation at his death, immediately took to flight, and crossed the river, some swimming and ethers ford- ing. The enemy pursued them, until they had entered far into woods, where they again gathered together to the number of an hundred and fifty, men, women, and children. Although mere than two thousand shot had been fired upon them, yet there were no more than thirty killed and fourteen wounded. The English, finding they had no body left to resist them, fell first to pillaging and then burning the wigwams. They spared the church, so long as was necessary for their shamefully pro- faning the sacred vessels and the adorable body of Jesus Christ, and then set fire to it. At length they withdrew, with so great precipitation that it was rather a flight, and they seemed to be struck with a perfect panic. The Indians immediately re- turned to their village, where they made it their first care to weep over the body of their holy mis- sionary, whilst their women were looking out for herbs and plants for healing the wounded. They found him shot in a thousand places, scalped, his skull broke to pieces with the blows of hatchets, his mouth and eyes filled of mud, the bones of his legs fractured, and all his members mangled an hundred different ways. Thus was a priest treated in his mission, at the foot of a cross, by those very men who have so strongly exaggerated the pretended inhumanity of our Indians, who have never made such carnage upon the dead bodies of their enemies. After his converts had raised up, and oftentimes kissed the precious remains, so tenderly and so justly beloved by them, they buried him in the same place where, the evening before, he had celebrated the sacred mysteries, namely, where the altar stood, before the church was burnt." Besides the great error in the number of the English forces, there are many embellishments in this relation in favour of the Indians, and injurious to the English. Not satisfied with the journal alone which was given in by Captain Harman, Captain Moulton' s minute and circumstantial account of this affair has been compared with it. And the fol- lowing is the result. The forces left Richmond fort, on Kennebeck river, the 8th of August. The 9th, they arrived at Taconick, where they left their whaleboats, with a lieutenant and 40 of the 208 men to guard them. With the remaining forces, on the 10th, they began their march by land for Norridgewock. The same evening, they discovered and fired upon two Indian 33C THE HISTORY OF AMERICA. women, one of them, the daughter of the well known Bomazeen, they killed, the other his wife, they took prisoner. From her they received a full account of the state of Norridgewock. The 12th, a little after noon, they came near to a village : it was sup- posed that part of the Indians might be at their corn-fields, which were at some distance, and it there- fore was thought proper to divide this small army. Harman, with about eighty men, chose to go by way of the fields, and Moulton, with as many-more, were left to march straight to the village, which, about three o'clock, suddenly opened upon them. There was not an Indian to be seen, being all in their wigwams. The men were ordered to advance softly and to keep a profound silence. At length, an Indian came out of one of the wigwams, and, as he was making water, looked round him and dis- covered the English close upon him: he immediately gave the war whoop and ran in for his gun. The whole village, consisting of about sixty warriors, besides old men, women, and children, took the alarm, and the warriors ran to meet the Eng- lish, the rest fled to save their lives. Moulton, in- stead of suffering his men to fire at random through the wigwams, charged every man not to fire upon pain of death, until the Indians had discharged their guns. It happened as he expected; in their sur- prise they overshot the English, and not a man was hurt. The English then discharged in their turn, and made great slaughter, but every man still kept his rank. The Indians fired a second volley, and immediately fled towards the river : some jumped into their canoes, but had left their paddles in their houses, others took to swimming, and some of the tallest could ford the river, which was about sixty feet over, and the waters being low, it was no where more than six feet deep. The English pursued, some furnished themselves with paddles and took the Indian canoes which were left, others waded in- to the river. They soon drove the Indians from their canoes into the river, and shot them in the water; and they conjectured that not more than fifty of the whole village landed on the other side, and that some of them were killed before they reach- ed the woods. The English then returned to the town, where they found the Jesuit, in one of the wigwams, firing upon a few of our men, who had not pursued after the enemy. He had an English boy in the wig- wam with him, about fourteen years of age, who had been taken about six months before. This boy he shot through the thigh, and afterwards stabbed in the body, but by the care of the surgeons he recover- ed. We find this act of cruelty in the account given by Harman upon oath. Moulton had given orders not to kill the Jesuit, but, by his firing from the wigwam, one of our men being wounded, a lieu- tenant Jaques stove open the door and shot him through the head. Jacques excused himself to his commanding officer, alleging that Ralle was load- ing his gun when he entered the wigwam, and de- clared that he would neither give nor take quarter. Moulton allowed that some answer was made by Ralle which provoked Jacques, but doubted whether it was the same as reported, and always expressed his disapprobation of the action. Mog, a famous old chief among the Indians, was shut up in another wigwam, and firing from it killed one of the three Mohawks. His brother was so enraged that he broke down the door and shot Mog dead. The English, in their rage, followed and killed the poor squaw and two helpless children. Having cleared the village of the enemy, they then fell to plundering and destroying the wigwams. The plunder of an Indian town consisted of but little corn, it being not far from harvest, a few blankets, kettles, guns, and about three barrels of powder, all which was brought away. New England puritans, of course, thought it no sacrilege to take the plate from an idolatrous roman catholic church, which was all the profane- ness offered to the sacred vessels. There were some expressions of zeal against idolatry, in breaking the crucifixes and other imagery which were found there. The church itself, a few years before, had been built by carpenters from New England. Bea- ver and other Indian furs and skins had paid for the church, and a zeal against a false religion destroyed the ornaments of it. Harmau and the men who went to the corn-fields did not come up till near night, when the action was over. Both parties lodged in the wigwams, keep- ing a guard of forty men; the next morning they found twenty dead bodies, besides that of the Jesuit, and had one woman and three children prisoners. Among the dead were Bomazeen, Mog, Job, Cara- besett, Wissememet, and Bomazeen's son in lav/, all noted warriors. They marched early for Taco- nick, being in some pain for their men and whale- boats, but found all safe. Christian, one of the Mo- hawks, was sent, or of his own accord returned, after they had began their march, and set fire to the wigwams and to the church, and then joined the company again. The 16th they all arrived at Rich- mond fort. Harman went to Boston with the scalp?, and being the chief in command, was made a lieut.- colonel for an exploit in which Moulton was the principal actor, who had no distinguishing reward, except the applause of the country in general. This has often been the case in much more important services. The Norridgewock tribe never made any figure after this defeat. Encouraged by this success, Col. Westbrook was ordered to march with 300 men across from Kenne- beck to Penobscot, which he performed with no other advantage than exploring the country, which before was little known. Other parties were order- ed up Amaseconti Amarescoggin, and a second at- tempt was made upon Norridgewock, but no Indians were to be found. The frontiers, however, continued to be infested. September the 6th, anEnglish party of fourteen went i.om Dunstable in search of two men who were missing. About thirty Indians lay in wait, and shot down six, and took three prisoners. A second party went out, and lost two of their number. The western frontier seems to have been better guarded, for, although often alarmed, they were less an- noyed. (1725.) The government increased the premium for Indian scalps and captives to one hundred pounds. This encouraged John Lovewell to raise a company of volunteers to go out upon an Indian hunting. January 5th, he brought to Boston a captive and a scalp, both which he met with above forty miles beyond Winnepesiaukee lake. Going out a second time, he discovered ten Indians round a fire, all asleep. He ordered part of his company to fire, who killed three; the other seven, as they were rising up, were shot by the other part of the company reserved for that purpose. The ten scalps were brought to Boston 3d of March. Emboldened by repeated success, he made a third attempt, and went out with thirty three men. Upon the 8th of May they discovered an Indian upon a point of UNITED STATES. 337 land which joined to a great pond or lake. They had some suspicion that he was set there to draw them into a snare, and that there must be many Indians near, and therefore laid down their packs, that they might be ready for action, and then marched near two miles round the pond to come at the Indian they had seen. The Indian remained, although it was certain death to him, and when the English came within gun-shot, discharged his piece, which was loaded with beaver shot, and wounded Lovewell and one of his men, and then immediately fell himself, and was scalped. His name ought to have been transmitted, as well as that of Mutius Curtius, the Roman, who jumped into the gulf or chasm, upon less rational grounds, to save his coun- try. The Indians, who lay concealed, seized all the English packs, and then waited their return at a place convenient for their own purpose. One of the Indians being discovered, the rest, being about eighty, rose, yelled, and fired, and then ran on with their hatchets with great fury. The English retreated to the pond to secure their rear; and although so unequal in numbers, continued to fight five or six hours, till night came on. Captain Lovewell, his lieutenant, Farwell, and ensign, Ro- bins, were soon mortally wounded, and, with five more, were left dead on the spot. Sixteen escaped, and returned unhurt, but were obliged to leave eight, of their wounded companions in the woods without 'provisions: their chaplain, Mr. Fry, of An- dover, was one, who had behaved with great bra very, and scalped one Indian in the heat of the action, but perished himself for want of relief. One of the eight, afterwards, came into Berwick, and another to Saco. This misfortune discouraged scalping parties. But Indians, as well as English, wished to be at peace. After Ralle's death they were at liberty to follow their inclinations. The Penobscot tribe, however, beiug best disposed, were first founded. An Indian hostage aud a captive were permitted, upon their parole, to go home in the winter of 1724, aud they came back to the fort at St. George's the 9th of February, accompanied with two of the tribe, one a principal sachem or chief. They brought an account that, at a meeting of the Penobscots, it was agreed to make proposals of peace. The sachem or chief was sent back, with the other Indian, and promised to return in twenty- three days, and bring a deputation, to consist of several other chiefs, with him ; but Captain Heath, having gone out upon a march from Kennebcck, across the country, to Penobscot, fell upon a de- serted village of about fifty Indian houses, which he burned, but saw none of the inhabitants. The In- dians who went from St. George's knew nothing of this action until they came home, and it seems to have discouraged them from returning according to their promise, and the treaty, by this means, was retarded. But upon new intimations, in June fol- lowing, John Stoddardand John Waiuwright, Esqs-, were commissioned by the lieut.-governor, and sent down to St. George's, to treat with such Indians as should come in there* and settle preliminaries of peace. A cessation of arms was agreed upon, and four delegates came up, soon after, to Boston, and signed a treaty of peace, and, the next year, the lieut.-go- vernor, in person, attended by gentlemen of the court and others, and the lieut.-governor of New Hampshire, with gentlemen from that province, ra- tified the same at Falmouth in Casco-bay. This His. OF AMER. Nos. 43 & 44. treaty has been applauded as the most judicious which has ever been made with the Indians. A long peace succeeded it. The pacific temper of the Indians, for many years after, cannot be attributed to any peculiar excellen- cy in this treaty, there being no articles in it of any importance, differing from former treaties. It was owing to the subsequent acts of government in con- formity to the treaty. The Indians had long been extremely desirous of trading houses to supply them with necessaries, and to take off their furs, skins, &c. This was promised by Governor Shute, at a conference, but the general court, at that time, would make 110 provision for the performance. Mr. Duminer promised the same thing. The court, then, made provision for trading houses at St. George's, Kennebeck, and Saco rivers, and the In- dians soon found that they were supplied with goods upon better terms than they could have them from the French, or even from private English traders. Acts or laws were made, at the same time, for restraining private trade with the Indians ; but the supplies, made by the province at a cheaper rate than private traders could afford, would have broke up their trade without any other provision, and laws would have signified little without that. Mr. Dummer engaged that the Indians should be supplied with goods at as cheap .rate as they were sold in Boston. This was afterwards construed fa- vourably for the government. The goods, being bought by wholesale, were sold to the Indians at the retail price, in Boston, and a seeming profit, by the commissary's account, accrued to the government; but, when the charge of trading houses, truckmas- ters, garrisons, and a vessel employed in transport- ing goods was deducted, the province was still tributary to the Indians every year. However, it was allowed to be a well-judged measure, tending to preserve peace, and was more reputable thaa if a certain pension had been, every year paid for that purpose. Delegates from all the tribes of Indians, parti- cularly the Norridgewocks, not having been pre- sent at this first treaty, another was thought ne- cessary the next year, when the former was reuewed and ratified. It was most acceptable to the Indians to hold their treaties near their own settlement, and in a proper season of the year it was an agreeable tour to the governors or commanders in chief, and the gentlemen accompanying them. To bring this war to a close, we have passed over the other affairs of the government for a year or two past. Soon after Mr. Cooke's arrival in Lon- don, Governor Shute exhibited a second memorial against the house of representatives, for matters transacted after he left the province. The principal articles of complaint were the several orders rela- tive to the forts and forces, which, he said, the house had taken out of the hands of the lieut.-governor, and the affront offered to the lieut.-governor, in or- dering his seal to be effaced upon the belt of v.am- pum. Several other things seem to be brought in to increase the resentment against them, as their choosing Mr. Cooke, who had been at the head of all the measures complained of in the first memorial, for their agent; their refusing to confer with the council upon a money bill ; their endeavouring by their votes to lessen the members of the council in the esteem of the people ; their withholding his sa- lary in his absence ; and their assuming more and more the authority of government into their hands. The council, in this memorial, arc also complained. 2S 338 THE HISTORY OF AMERICA. of, they having put their negative to the vote for choosing Mr. Cooke, and yet, afterwards, joined in election with the house, when they had reason to suppose, by the great superiority of the house in number, that he would be the person. Mr. agent Dummer, who was to act jointly with Mr. Cooke, made an attempt to reconcile the go- vernor to him, but he refused to see him; and the attempt offended Mr. Cooke also, and occasioned a warm discourse between him and Dummer, which caused the latter to refuse to act in concert, especi- ally as Mr. Cooke had shewn him a private instruc- tion from the house, by which their defence against the charge of invading the royal prerogative was committed to Mr. Cooke and Mr. Sanderson, to the exclusion of Mr. Dummer. After divers hearings upon the subject matter of the complaints, the reports of the attorney and so- licitor general, of the lords committee, and finally the determination of his majesty in council, were all unfavourable to the house of representatives. The several acts or votes of the house relative to the king's woods, and to the forts and forces, seem to have been generally deemed indefensible, the agents were advised to acknowledge them to be so, and it was so far relied upon, that they would be so acknowledged in the province, as that no special provision was thought necessary for the regulation of their future conduct, the charter being express and clear. But the governor's power to negative the speaker, and the time for which the house might adjourn, were points not so certain. What was called an explanatory charter was therefore thought necessary, and such a charter accordingly passed the seals. By this charter, the power of the gover- nor to negative a speaker is expressly declared, and the power of the house to adjourn themselves is limited to two days. With respect to the latter, perhaps this new charter may properly enough be called explanatory, the governor having the power, by the principal charter, of adjourning the assembly, and yet, from the nature of the thing, it was neces- sary that the house, a part of that assembly, should have the power of adjourning themselves for a longer or shorter time; but the power of negativing a speaker seems to be a new article, wherein the charter is silent; so that whatever right it might be apprehended the king had to explain his own pa- tents, where there was ambiguity, yet when an al- teration is to be made in the charter, or a new rule established in any point wherein the charter is silent, the acceptance of the people, perhaps, is necessary. This seems to have been the reason of leaving it to the option of the general court, either to accept or refuse the explanatory charter. It was intimated at the same time, that if the charter should be re- fused, the whole controversy between the governor and the house of representatives would be carried before the parliament. Had the two points men- tioned in the explanatory charter, or the conduct of the house relative to them, been all that was to be carried into parliament, the general court, probably, would not have accepted this charter. They would have urged, that it was not certain that a house of commons would have determined that the king, by his goveraor, had a right to negative the speaker of a house of representatives in the colonies, especially as the attorney -general had inferred this right from the right of negativing the speaker of the house of commons; but it was their misfortune that in the other articles of complaint the house was generally condemned iu England, the ministry were highly inceiised, and it was feared the consequence of a parliamentary enquiry would be an act to vacate' the charter of the province. The temper of the house was much changed, and although there were several members, who had been active in all the measures which brought this difficulty upon the country, still resolute to risk all, rather than by their own act give up any one privilege, yet the following vote wag carried in the house for accepting the charter, and in such terms as would induce one to imagine it rather the grant of a favour than the deprivation of a right. January 15, 1725. " In the house of representatives. " Whereas, his honour the lieut.-governor has laid before this court, in their present session, for their acceptance, an explanatory charter received from his grace the Duke of Newcastle, with a copy of his majesty's order in council concerning the same, wherein his majesty has been pleased to con- firm the charter granted by their late majesties, king William and queen Mary, in which former charter there being no express mention made relating to the choice of a speaker, and the house's power of ad- journing, to both which points, in the said explana- tory charter, his majesty has been pleased to give particular directions : "We, his majesty's loyal and dutiful subjects, being very desirous to signalise our duty and obedi- ence, which we at all times owe to his most excel- lent majesty, have and do hereby accept of the said explanatory charter, and shall act in conformity thereto for the future, not doubting but that we shall thereby recommend his majesty's loyal and dutiful subjects, the inhabitants of this province, to his fur- ther most gracious favour and protection. " In council, read and concurred, " Consented to. Wm. Dummer." It has been said that the English are islanders, and therefore inconstant. Transplanted to the con- tinent they are, nevertheless, Englishmen. When we reflect upon the many instances of frequent sud- den changes, and from one extreme to the other, in ancient times in the parliament of England, we may well enough expect, now and then, to meet with the like instances in the assemblies of the English colo- nies. This was the issue of the unfortunate contro- versy with governor Shute, unless we allow that it was the occasion also of the controversy with his successor, which is not improbable. The governor was offended with Mr. Dummer for receiving grants from the court, made to him for his service as commander in chief, it being expected that when the governor is absent, with leave, his salary should be continued, one half of which, by a royal instruction, is to be allowed to the lieut.-go- vernor; but the house took a more frugal method, and made grants of little more than one half the go- vernor's usual salary, to the lieut.-governor imme- diately, any part of which he could very ill afford to spare from his own support. His pacific measures, and accommodation or suspension of some of the controverted points, might be another cause of cold- ness, at least between the governor and him. Another affair occasioned a mark of royal dis- pleasure upon the lieut-governor. Synods had been frequent under the first charter, either for suppress- ing errors in principles, or immoralities in practice, or for establishing or reforming church government and order, but under a new charter no synod had ever been convened. A convention of ministers had been annually held, instead, at the time for election UNITED STATES. of the council. This might have been, in many re- spects, useful, but it was thought could not have that weight for promoting any of the intended pur- poses which a synod convened would have, especially if their decrees were ratified by the government. There were many ancient members in both houses, who had not then lost their affection for these synods ; and the following application was made by the mi- nisters : " To the very honourable William Dummer, Esq. lieut.-governor and commander in chief. To the honourable the counsellors. To the honoured the representatives in the great and general court of his majesty's province of the Massachusetts-bay, assem- bled, and now sitting. A memorial and address humbly presented. " At a general convention of ministers, from se- veral parts of the province, at Boston, May the 27th, 1725. " Considering the great and visible decay of^iety in the country, and the growth of many miscarriages, which we fear may have provoked the glorious Lord in a series of various judgments wonderfully to dis- tress us. Considering also the laudable example of our predecessors, to recover and establish the faith and order of the gospel in the churches, and provide against what immoralities may threaten to impair them, in the way of general synods convened for that purpose, and considering that about forty-five years have now rolled away since these churches have seen any such conventions. It is humbly de- sired that the honoured general court would express their concern for the interests of religion in the country, by calling the several churches in the pro- vince to meet by their pastors and messengers in a synod, and from thence offer their advice upon that weighty case, which the circumstances of the day do loudly call to be considered, ' What are the mis- carriages whereof we have reason to think the judg- ments of heaven, upon us, call us to be more gene- rally sensible, and what may be the most evangelical and effectual expedients to put a stop unto those or the like miscarriages?' This proposal we humbly make, in hopes that, if it be prosecuted, it may be fol- lowed with many desirable consequences, worthy the study of those whom God has made, and we are so happy to enjoy, as the nursing fathers of our churches. " Cotton Mather, "In the name of the ministers assembled in their general convention." This memorial was granted by the council, but the house did not concur. Afterwards, by a vote of W.h houses, it was referred to the next session, to wnich the lieut.-governor gave his consent. Oppo- sition was made by the episcopal ministers, but a doubt of success in the province caused them to ap- ply in England, most probably to the bishop of Lon- don. The king being at that time at Hanover, an instruction came from the lords justices to surcease all proceedings, and the lieut.-governor received a reprimand for " giving his consent to a vote of re- ference, and neglecting to transmit an account of so remarkable a transaction." A stop was put to any further proceeding in the affair, nor has any attempt for a synod been made since. (1726.) The remainder of Mr. Dummer's short administration was easy to him. The war being over, the principal ground of dispute, the ordering the forces, ceased. Other affairs, relative to the treasury, the passing upon accounts and the form of supplies he suffered to go on according to the claim of the house. Mr. Cooke, the first election after his return from England, May, 1726, was chose of the council. This was a mark of the house's approba- tion of his conduct in the agency, although it had not been attended with success. The lieTit.-gover- nor did not think it convenient to offend the house by a negative. The small allowance made him as a salary, about two hundred and fifty pounds sterling per annum, he also acquiesced in for the sake of peace. The governor was expected by almost every ship for a year or two together, but by some means or other was delayed until the summer of 1727, when he was upon the point of embarking, but the sudden death of the king prevented. The principal cause of delay seems to have been the insufficiency of the salary which had been granted for his support, and the uncertainty whether the assembly woul'd make an addition to it. (1727.) Upon the accession of King George the Second, a gentleman, who, it is said, was in parti- cular esteem with the king himself, was appointed governor of New York and the Jerseys, in the room of Mr. Burnet, whose administration had, in gene- ral, been very acceptable to those colonies, and ap- proved in England. The bishop, his father, had likewise been a most steady friend to the house of Hanover. Governor Burnet's fortune being re- duced in the general calamity of the year 1720, he parted with a place in the revenue of 120CM. per annum, and received commissions for these govern- ments, with a view to his retrieving his fortune in a course of years. He thought it hard, in so short a time, to be superseded ; for although Massachusetts and New Hampshire weie given to him, yet he was to part with very profitable posts for such as, at best, would afford him no more than a decent sup- port, an easy administration for one which he fore- saw would be extremely troublesome. He com- plained of his hard fate, and it had a visible effect upon his spirits. Colonel Shute was provided for, more to his satisfaction than if he had returned to his government, a pension of 400/. sterling per an- num being settled upon him, to be paid out of the 4^ per cent, duty raised in the West India islands. The West Indians, who would perhaps have been content if it had been applied to one of their own governors who had been superseded, have taken exception to the payment of it to a governor of the northern colonies. The duties granted by Barba- dos and the leeward islands upon their own produce, to be disposed of by the crown, are the only in- stances of the kind in the colonies. Jamaica is ex- empt. It was said in parliament, in the reign of Charles the Second, that this duty was consented to, upon condition the planters should be released from, a duty of forty cwt. sugar per head reserved when the king granted the lands. Jamaica was chiefly disposed of by Cromwell, free from any such bur- den or charge. The earthquake on the 29th of October, 1727, although not confined to the Massachusetts, was so remarkable an event in providence, that we may 3e excused if we give a circumstantial account of t. About forty minutes after ten at night, when there was a serene sky, and calm, but sharp air, a most amazing noise was heard, like to the roaring f a chimney when on fire, as some said, only be yond comparison greater, others compared it to the noise of coaches upon pavements, and thought that f ten thousand together would not have exceeded it. The noise was judged by some to continue about lalf a minute before the shock began, which in- creased gradually, and was thought to have con- 2S2 THE HISTORY OF AMERICA. tinued the space of a minute before it was at the height, and, in about half a minute more, to have been at an end by a gradual decrease. When ter- ror is so great, no dependence can be placed upon the admeasurement of time in any person's mind, and we always find very different apprehensions of it. The noise and shock of this, and all earthquakes which preceded it in New England were observed to come from the west or north-west, and go off to the east or south-east. At Newbury, and other towns upon Merrimack river, the shock was greater than in any other part of Massachusetts, but no buildings were thrown down, part of the walls of several cellars fell in, and the tops of many chim- neys were shook off. At New York it seems to have been equal to what it was in the Massachusetts, lut at Philadelphia it was sensibly weaker, and, in the colonies southward, it grew less and less, until it had spent itself, or became in-sensible. The sea- men upon the coast supposed their vessels to have struck upon a shoal of loose ballast. More gentle shocks were frequently felt in most parts of New England for several months after. There have sel- dom passed above fifteen or twenty years without an earthquake, but there had been n-one, very violent, in the memory of any then living. There was a general apprehension of danger of destruction and death, and many, who had very little sense of reli- gion before, appeared to be very serious and devout penitents, but, too generally, as the fears of another earthquake went off, the religious impressions went with them; and they, who had been the subjects of both, returned to their former course of life. The trade of the province being in a bad state, and there being a general complaint of scarcity of money, the old spirit revived for increasing the cur- rency by a further emission of bills of credit. It would be just as rational when the blood in the human body is in a putrid corrupt state to increase the quantity by luxurious living, in order to restore health. Some of the leading men, among the re- presentatives, were debtors, and a depreciating cur- rency was convenient for them. A bill was projected for fortifying the sea ports. The town of Boston was to expend ten thousand pounds in forts and stores, and, to enable them to do it, thirty thousand pounds was to be issued in bills, and lent to the town for thirteen years. Salem, Plimouth, Marble- head, Charlestown, Glocester, and even Truro, on the cape, were all to be supplied with bills of credit for the like purposes. After repeated nonconcur- rence and long altercation, the council were prevailed upon to agree to the bill. When it came to the lieut. -governor, he laid the king's instruction before the council, and required their opinion, upon their oaths, whether, consistent with the instruction, he could sign the bill, and they answered he could not. Not only the lieut.-goveruor, but several of the council, were dependent on the house for the grant of their salaries, and this dependence was made use of as, in divers instances, it had been formerly. The house referred the consideration of allowance to the next session, and desired the court might rise. The lieut.-governor let them know, by a message, that he apprehended his small support was withheld from him because he would not sign a bill contrary to his instructions. They replied, that he had recom- mended to them the making the provision for forti- fying the province, and now they had passed a bill for that purpose he refused to sign it, and they were obliged, in prudence and faithfulness to their prin- cipals, to come into a vote, referring allowances and other matters to another session, when a way may be found to enable the inhabitants to pay into the treasury again such sums as may be drawn out for gratuities and allowances. After a recess of about a fortnight, an expedient was found. Instead of a bill for fortifying, another was prepared, with a specious title, " An act for raising and settling a public revenue for and towards defraying the neces sary charges of the government by an emission of 60,OOOZ. in bills of credit." This was done to bring it within the words of the instruction, which re- strained the governor from consenting to the issuing bills of credit, except for charges of government. The interest of four per cent on 240CM. was to be pplied annually to the public charges, and gave olour for issuing the principal sum of G0,000/. The lieut -governor was prevailed upon to sign it, and, the same day, the house made the grant of his salary, and the usual allowance to the judges, most o-f whom were members of the council, and to the other officers of the government. This was after- wards alledged to be a compulsion of the lieut.-go- vernor and such members of the council as were salary men, to comply with the house of representa- tives, by withholding from them their subsistence. The eagerness of the body of the people for paper bills, more easily acquired in this way than the righteous way of industry and frugality, no doubt, facilitated a compliance. The council, upon this occasion, declined answer- ing, upon their oath, as counsellors, when the lieut.- governor asked their advice. They swear, that to the best of their judgment they will at all times freely give their advice to the governor for the good management of the public affairs of the government. The lieut.-governor proposed the following question to them in writing: " Gentlemen, I find it neces- sary, in order to my signing the bill entitled an Act for raising and settling a revenue, &c., which has passed both houses, to have your advice whether I can sign the said bill without the breach of the in- struction of the lords justices of Great Britain, dated the 27th of September, 1720, and the order of the lords commissioners of trade and plantations, dated the 8th of February, 1726-7. W. Dummer, Feb. 17, 1727." Upon which, the council came to the following vote. " In council, Feb. 19, 1727, Read, and as the council have already, as they are one part of the general court, passed a concurrence with the honourable house of representatives upon the said bill, they cannot think it proper for them to give your honour any further advice thereupon, nor do they apprehend the oath of a counsellor obliges them thereto. At the same time, they cannot but think it will be for the good and welfare of the pro- vince, and the necessary support of the government thereof, if the bill be consented to by your honour. J. Willard, Secretary." They had given their advice or opinion, the same session, upon the bill for fortifying, after they had passed it, that it was contrary to the instruction, and instances of the like kind have been frequent before and since this time. The lieut. -governor had a further opportunity before Mr. Burnets's arrival, of meeting the assem- bly in May for election of counsellors. The house discovered, in one instance, this ses- sion, a desire to amplify their jurisdiction. The council and house had made it a practice, ever since the charter, to unite in the choice of the treasurer, impost officer, and other civil officers, the appoint- ment whereof is reserved to the general assembly UNITED STATES. 341 The council, being in number less than a third part of the house, have by this means no weight in such elections, except when there are two or more candi- dates for an office set up by the house, and then the balance of power, if they are united themselves, may be with them. This seems to have been an old charter practice and handed down. The two houses, when parties to any petition or cause desire to be heard, often meet iu one house, which no doubt also came from the old charter, but after they are sepa- rated, they vote separately upon the subject matter of the hearing. In this session, after a hearing of this sort, the house passed a vote, " that when a hearing shall be had on any private cause before both houses together, the subject matter shall be deter- mined by both houses conjunctly." They might as well have voted, that after a conference between the two houses, the subject matter should be deter- mined conjointly. The council were sensible this was taking from the little weight they had, and unanimously nonconcured the vote. The manner of chasing civil officers is a defect in the constitution, which does not seem to have been considered at the framing the charter; and, as by charter, officers must annually be elected, it was a defect which must be submitted to. In the early days of the charter, it had been made a question, whether in any acts of government the council had a negative voice, and were not rather to vote in con- junction with the house of representatives, and Con- stantino Phips gave his opinion that they had no negative. He seems to have considered, that, the charter and the commissions to governors of other colonies, evidently intended a legislature after the pattern of the legislature of England, as far as the state and circumstances of the colonies would admit. The government, under the old charter and the new, had been very prudent in the distribution of the territory. Lands were granted for the sake of settling them. Grants for any other purpose had been very rare, and ordinarily a new settlement was contiguous to an old one. The settlers themselves, as well as the government, were inclined to this for the sake of a social neighbourhood, as well as mutual defence against an enemy. The first settlers on Connecticut river, indeed, left a great tract of wilder- ness between them and the rest of the colony, but they went off in a body, and a new colony, Con- necticut, was settling near them at that time. Rivers were also an inducement to settle, but very few had ventured above Dunstable, upon the fine river Mer- rimack, and the rivers iu the province o Main had no towns at any distance from the sea into which they empty. But on a sudden, plans were laid for grants of vast tracts of unimproved land, and the last session of Mr. Dummer's administration, a vote passed the two houses appointing a committee to lay out three lines of towns, each town of the contents of six miles square, one line to extend from Con- necticut river above Northfield to Merrimack river above Dunstable, another line on each side Merri- mack as far as Penicook, and another from Niche- wanock river to Falmouth in Casco-bay. Pretences were encouraged, and even sought after, to entitle persons to be grantees. The posterity of all the officers and soldiers who served in the famous Naraganset expedition, in 1 675, were the first pitch- ed upon ; those who were in the unfortunate attempt upon Canada, in 1G90, were to come next. The government of N. Hampshire supposed these grants were made, in order to secure the possession of a tract of country challenged by them as within their bounds. This might have weight with some leading men, who were acquainted with the controversy, but there was a fondness for granting land in any part of the province. A condition of settling a certain number of families in a few years, ordinarily was an- nexed to the grants ; but the court, by multiplying their grants, rendered the performance of the con- dition impracticable, there not being people enough within the province willing to leave the old settled towns, and the grantees not being able to procure settlers from abroad. The settlement of the province was retarded by it ; a trade of land jobbing made many idle persons ; imaginary wealth was created, which was attended with some of the mischievous effects of the paper currency, viz., idleness and bad economy, a real ex- pense was occasioned to many persons, besides the purchase of the grantees' title, for every township by law was made a propriety, and their frequent meetings, schemes for settlement, and other prepara- tory business, occasioned many charges. In some few towns houses were built and some part of the lands cleared. In a short time, a new line being determined for the northern boundary of the Massa- chusetts colony, many of these townships were found to be without it. The government of New Hamp- shire, for the crown, laid claim to some of them, and certain persons calling themselves proprietors under Mason, to others, and the Massachusetts people, after a further expence in contesting their title, either wholly lost the lands, or made such composi- tion as the new claimers thought fit to agree to. Mr. Burnet, the new governor, arrived on the 13th of July, and was received with unusual pomp. Besides a committee of the general court, many private gentlemen went as far as Bristol to wait upon him, and, besides the continual addition that was making in the journey, there went out of Bos- ton to meet him at a small distance such a multitude of horses and carriages, that he entered the town with a greater cavalcade than had ever been seen before or since. Like one of the predecessors, Lord Bellamont, he urged this grand appearance, in his first speech to the assembly, as a proof of their ability very honourably to support his majesty's govern- ment; and, at the same time, acquainted them with the king's instruction to him to insist upon an established salary, and his intention firmly to adhere to it, as the following extract of his speech, of the 24th of July, will shew: "It is not easy to express the pleasure I have had in coming among you. The commission with which his majesty has honoured me (however unequal to it), has been received in so respectful and noble a manner, and the plenty and wealth of this great province has appeared to me in such a strong light, as will not suffer me to doubt of your supporting his majesty's government by an ample, honourable, and lasting settlement. The wisdom of parliament has made it an established custom, to grant the civil list to the king for life; and as I am confident the representatives of the people here, would be unwilling to own themselves outdone in duty to his majesty by any of his sub- jects, I have reason to hope that they will not think such an example has any thing in it which they are not ready to imitate. I shall lay before you his majesty's instruction to me on this subject, which, as it shall be an inviolable rule for my conduct, will, without question, have its due weight with you." He had asked the opinion of a New England gentle- man, who was then the minister of the presbyterian church at New York, whether the assembly would 342 HISTORY OF AMERICA. comply with his instruction, and received a dis- couraging answer which caused him to reply, that he would not engage in a quarrel, or to that effect; but he either received different advice upon his ar- rival, or for some other reason altered his mind. The assembly seemed, from the beginning, deter- mined to withstand him. To do it with better grace and a more reasonable prospect of success, the quan- tum of the salary, it was agreed, was not worth dis- puting. It bore no proportion to the privilege and right of granting it for such time as they thought proper. The same persons, therefore, who six or seven years before refused to make governor Shute, and perhaps the government, easy, by granting not more than five hundred pounds sterling a year, now readily voted for a thousand, or a sum which was intended to be equal to it. As soon as addresses from the council and house, the usual compliments upon the first arrival of a governor, had passed, the house made a grant of 1,700. towards his support, and to defray the charge of his journey. In a day or two, the governor let them know he was utterly unable to give his consent to it, being inconsistent with his instruction. After a week's deliberation, a grant was made of three hundred pounds for the charge of his journey, which he accepted; and ano- ther of fourteen hundred pounds towards his support, which was accompanied with a joint message from the council and house, prepared by a committee, wherein they asserted their undoubted right as Eng- lishmen and their privilege by the charter, to raise and apply monies for the support of government and their readiness to give the governor an ample and honourable support, but they apprehended it would be most for his majesty's service, &c., to do it with- out establishing a fixed salary. The governor was always very quick in his replies, and once when a committee came to him with a message, having pri- vately obtained a copy of it, gave the same commit tee an answer in writing to carry back. The same day this message was delivered he observed to them, in answer, " that the right of Englishmen coulc never intitle them to do wrong, but their privilege of raising money by charter was expressed to be ' by wholesome and reasonable laws and directions,' con sequently such as were hurtful to the constitution and the ends of government; but their way of giving a support to the governor could not be honourable for it deprived him of the undoubted right of ar Englishman, viz., to act his judgment, or obligee him to remain without support, and he appealed to their own consciences, whether they had not for merly kept back their governor's allowance unti other bills were passed, and whether they had no sometimes made the salary depend upon the consen to such bills ; that if they really intended from time to time to grant an honourable support, they coul have no just objection to making their purposes ef fectual by fixing his salary, for he would never ac cept of a grant of the kind they had then made.' We shall be convinced that Mr. Burnet was not a person who could be easily moved from a resolution he had once taken up. Upon the receipt of this message and the peremp tory declaration of the governor, the house foun this was like to be a serious affair, and that the) should not so easily get rid of it as they had done o the like demands made by Dudley and Shute, an again appointed a committee to join with a commit tee of council to consider of this message. The ex elusive right of the house in originating grants the) have often so far given up, as to join with the counci y committees to consider and report the expediency f them, the reports, generally, being sent to the iouse, there to be first acted upon. The report of his committee was accepted in council and sent to he house, but there rejected, and not being able to mite in an answer, the house tried the council with a resolve, sent to them for concurrence, the purport f which was, that fixing a salary on the governor r commander in chief for the time being, would be dangerous to the inhabitants and contrary to the de- ign of the charter, in giving power to make whole- ome and reasonable orders and laws for the welfare if the province. This vote, in so general terms, the council did not think proper to concui', and de- clared, August 19th, that, although they were of pinion it might prove of ill consequence to settle a salary upon the governor for the time being, yet hey apprehended a salary might be granted for a certain time, to the present governor, without danger to the province, or being contrary to the design of Jie charter. This occasioned a conference, without effect, both louses adhering to their own votes, and from this ;ime the house was left to manage the controversy ;hemselves. August 28th, they sent a message to the governor, to desire the court might rise. He told them, that if he should comply with their desire, he should put it out of their power to pay an imme- diate regard to the king's instruction, and he would not grant them a recess until they had finished the business for which the court was then sitting. They then, in a message to him, declared that, in faith- fulness to the people of the province, they could not come into an act for establishing a salary on the go- vernor or commander in chief for the time being, and therefore they renewed August 29th, their re- quest that the court might rise. Both the governor and the house seem to have had some reserve in their declarations. Perhaps a salary during his administration would have satisfied him, although he. demanded it for the commander in chief for the time being; and the house did not say that it would not settle a salary for a limited time. Each desired that the other would make some concessions. Both declined, and both by long altercation were irritated, and, at last, instead of closing, as seemed probable at first, widened the breach until they fixed at the opposite extremes. The major part of the council and about a sixth part of the house were willing to settle a salary upon Mr. Burnet for a term not exceeding three years, possibly even some who were finally the most zealous in the opposition, would have submitted to this if they could have been sure of its being accepted, and they had been at li- berty to act their judgment. Mr. Cooke had expe- rienced the ill success of the controversy with go- vernor Shute, and seemed desirous of being upon terms with his successor, who, upon his first arrival and until the province house could be repaired, lodged at Mr. Cooke's house, but a friendship could not long continue between two persons of so different opinions upon civil government. The language of the governor's messages was thought too dictatorial by the people, and particularly by the inhabitants of Boston, arid he had been somewhat free in his jokes upon some of the shopkeepers and principal tradesmen who were, then, the directors of the coun- cils of the town, and very much- influenced those of the house. An intimation in the governor's next message that, if they did not comply with the in- struction, the legislature of Great Britain would take into consideration the support of the government UNITED STATES. 343 and, perhaps, something besides, meaning the char- ier, increased the prejudices against him. The house, August 31, thought themselves obliged to be more particular than they had yet beeo, fully to as- sert their rights. This was what the governor de- sired, and, without any delay, September 2nd, he sent them an answer. As these two messages seem to begin, in earnest, the argument on each side of the question, we shall insert them. " August 31st, 1728. " The house of representatives sent the following message to his excellency the governor. " May it please your excellency, " The representatives in general court assembled, before they proceed to make reply to what they re- ceived from you on Thursday last, respecting their answer of that morning to your message of the 28th current, beg leave to recur to what the council and representatives, the 7th instant, in great truth and sincerity, among other things, laid before your ex- cellency, viz. They humbly apprehend that his ma- jesty's service in the necessary defence and support of the government and the protection and preserva- tion of the inhabitants thereof, the two great ends proposed in the power granted to this court for the raising taxes, would be best answered without esta- blishing a salary. Your excellency was pleased to let us know, that the answer of the" house contained no reasons that appeared to you sufficient why his majesty's 23d instruction might notbe complied with, since the same methods that are found uo ways to prejudice the rights and liberties of the people of Great Britain, nor of other colonies, cannot preju- dice those of the province. If the method practised in Great Britain is not prejudicial to the rights and liberties of the people there, it does not therefore follow, that fixing a salary will not prejudice the people of this province. The British constitution differing from ours in many respects ; and other co- lonies coming into any particular method, we not knowing the motives inducing them thereto, nor the several constitutions of government they are put under, ought not to influence or prompt us to imi- tate them. " May it please your excellency, " The house, being heartily desirous to cultivate a good agreement and harmony with your excellency, take this opportunity to assure you, that we have, once and again, deliberately considered your mes- sage for fixing a salary, and do humbly conceive that it is against the good design of the powers vested and reposed in us by the royal charter, to pass acts pur- suant to the instructions laid before us, for as much as passing such acts, as we apprehend, has a direct tendency to weaken our happy constitution ; for that their late majesties King William and Queen Mary, of glorious memory, were graciously pleased to gra- tify the inhabitants here, and did grant to them cer- tain powers, privileges, and franchises, to be used and employed for the benefit of the people ; and, in the same grant, reserved other powers to be used and exercised by the crown or the governors sent by them, agreeable to the directions and instructions contained in said grant and their commissions, hav- ing reference for their better guidance and direc- tions to the several powers and authorities mentioned in the said charter; if, therefore, the general as- sembly should at any time come into any act that might tend to infringe the prerogative or disserve the crown, his majesty's governors have a negative voice on all such acts ; furthermore, should any go- vernor incautiously give his consent to such acts, his majesty has reserved to himself a power to disallow the same, by the use and exercise of the other powers and privileges lodged in the general assembly, his majesty justly expects they will never make use of them in prejudice of the rights and liberties of the people, but at all times exert themselves in defence thereof. If we resemble the British constitution, as- your excellency has done us the honour to declare,, we humbly apprehend that no part of the legislature here should be entirely independent, as your excel- lency has very justly denoted to us, that the three distinct branches of the legislature, preserved in a due balance, forms the excellency of the British con- stitution, and if any of those branches should become less able to support its own dignify and freedom, the whole must inevitably suffer by the alteration. Your excellency is pleased to say, that a support given as has been usual here, cannot, be honourable, because that implies no sort of confidence in the government. To which we humbly offer, that if your excellency would take notice of our grants, you would see that the very method itself is founded on nothing else, in- asmuch as they always look forward and are given to enable the governor to go on and manage the public affairs. Thus, in this our first session at your excellency's first and welcome arrival, the assembly made a grant of 1400/., to enable your excellency to manage the affairs of this province, fully confiding in your conduct. If your excellency intends that we do not put so much confidence in you as the parlia- ment do in our most gracious sovereign, to whom the civil list is granted for life (which God long pre- serve) we freely acknowledge it. Is it reasonable or possible, that we should confide in any governor whatsoever, so much as in our gracious king, the common father of all his people, who is krown to delight in nothing so much as in their happiness, and whose interest and glory, and that of his royal progeny, are inseparable from the prosperity and welfare of his people ; whereas it is most obvious, that neither the prosperity nor adversity of a people affect a governor's interest at all, when he has once left them. " Your excellency goes on, and declares that the support of the government in this manner visibly de- pends on an entire compliance with the other parts of the legislature. Had the governor no authority nor checks upon them, we must acknowledge this to be the case, but as both the other parts have a great depend- ence upon the governor's discretionary power, the council (as the practice usually is) for their very being r and both they and the representatives for every law and proper act of government, and for every penny put into and drawn out of the treasury, for their whole defence and security in every case of danger, as he is their captain general, besides other obvious particulars, needless and too numerous to be named, that if in this single instance the governor should have dependence on the assembly as to his support, according as they shall see the province able, the other things that" they depend upon him for are so vastly more than a counterbalance, that it cannot be thought that the commander in chief can be hereby prevented acting according to his judgment, or remain without support. We assure your excel- lency that it is not any exception to your person or administration (which we hope other parts of our conduct have made evident) that determines us against fixing a salary as prescribed. " May it please your excellency, " Since we have so many times heretofore, and do now, in the most solemn manner, and after the 341 THE HISTORY OF AMERICA. most strict scrutiny we are able to make in this im- portant affair, manifest that in faithfulness to our country we cannot think it advisable for this house to be concerned in passing an act for fixing a salary as prescribed, we do therefore most ardently move your excellency, that you would permit us to repair to our several homes, and not keep us sitting here in order to our acting contrary to our native free- dom and declared judgment, and so betraying the great trust and confidence our principals have re- posed in us." On the 3d of September the secretary carried down to the house the following message from his excellency the governor : " Gentlemen of the house of representatives, It is not at all agreeable to my inclination to enter into disputes with your house, and, for that reason, 1 have endeavoured hitherto to be as short as the import- ance of the matters which I have recommended to you will allow me. But since you have thought fit to lay such stress on the reasons offered in your reply of Saturday, I cannot avoid, once more for all, entering into a particular examination of them, that not only yourselves, but those whom you represent, may be enabled to judge of the controversy between us. You begin with reminding me that the coun- cil and representatives apprehended that his majes- ty's service, in the necessary defence and support of the government, and the protection and preservation of the inhabitants thereof, the two great ends pro- posed in the power granted to this court, would be best answered without establishing a fixed salary. It ought not to be forgotten, at the same time, that the council had altered the words would be best into may be well, though you prevailed with them to re- cede from the amendment, and that they made this addition, * We esteem it a great unhappiness that his majesty should think our method ot supporting the governors of this province a design of making them dependent on the people,' to which you agreed, though nothing to that effect had been asserted in your own draught. By these instances, the council appear, from the first, to have different apprehen- sions from you of the regard to be paid (o his ma- jesty's instruction, and of the weight of his displea- sure, which last consideration (though the greatest part of my message) was not. it seems, thought by g)u to deserve any room at all in so long a reply, ut supposing the council and you were agreed, that is to say, that two branches of the legislature thought it best to keep the third entirely dependent on them, (which would be a manifest piece of par- tiality and injustice) is this any reason why the third should be of the same opinion ? Or rather, does it not confirm the too just suspicion his majesty has of a design so dangerous to his own authority ? Two branches of legislature can bring nothing to effect without the third, and, consequently, if what seems best to them only cannot be consented to by the other, it becomes their duty to consider what next best thing can be done, in which all three can concur, for it does not follow that if what some imagine best cannot be done, therefore nothing should be done at all. And so much for what you have said before you proceed to make reply. " You may perceive from what I have alread'y ex- pressed, upon how many accounts the reasons of the house can never appear sufficient to me why his majesty's twenty-third instruction should not be complied with, and I am far from thinking, that you give any answer to my former reasons. -You say, ' that if the method practised in Great Britain is not prejudicial to the rights and liberties of the people there, it does not therefore follow that fixing a salary would not prejudice the people of this province.' Rights and liberties are words that have, naturally, the same meaning in all countries, and, unless you can shew me wherein the British rights and liber- ties are defective, (which you have not done,) I may conclude that they are not so, and, in that case, it is a natural consequence that the methods under which they have been so long safe and flourishing, are most likely to produce the same effects. But you say, ' the British constitution differs from yours in many respects.' I take the chief difference to have been in the use made of the constitution, which has been no ways to your advantage, for by Great Britain's keeping up to their constitution, public credit still continues at a height, notwithstanding the vast charges and debts of the nation, but with you credit has fallen lower and lower in an amazing manner, and this has proceeded plainly from the want of a sufficient check in the other branches of the legislature to the sudden and unadvised measures of former assemblies; so that if ever you come near the happiness of Great Britain, it must be by sup- porting those parts of the legislature which of late have been too much depressed, but are in them- selves necessary to guard the liberties and proper- ties of the inhabitants, as well as the house of re- presentatives. " As to the case of other plantations, I shall only say; if you enjoy larger privileges by the favour of the crown than they, and, by consequence, have more to lose by his majesty's displeasure, the argu- ments both of gratitude and interest plead stronger with you for a compliance with an instruction in itself so just and reasonable. " I cannot see why you apprehend that passing acts pursuant to the instruction has a direct tendency to weaken your happy constitution, especially since you now acknowledge what I had formerly observed, ' that each branch of the legislature, and conse- quently the governor, ought to be enabled to sup- port its own dignity and freedom,' which is all that is intended by the instruction. "I had observed, ' that the usual way of supporting the government implied no sort of confidence in the governor.' You offer ' that if I would take notice of your grants I should see that the very method itself is founded upon nothing else, inasmuch as they always look forward, and are given to enable the governor to go on and manage the public affairs.' I can scarce believe that this is intended for a seri- ous argument, since a time no longer ago than last winter session affords a plain proof to the contrary. The lieut.-governor informed the house, in answer to their message, expressing their desire of an ad- journment, ' that he had consented to all the acts and votes passed the two houses, except the bill for emitting bills of credit, which he would have signed were it consistent with his majesty's instruc- tion, which it was not, in the opinion of the council.' And he concludes with reminding them, ' that the proper and usual season for granting salaries is al- ready outrun, and that be expects they will provide for the honourable support of the government be- fore they rise.' The house entered into the consi- deration of the above message, and after some de- bate had thereon, the question was put, whether the house will now come to the consideration of allow- ances, it passed in the negative. Then the question was put, whether the ruiisideration of allowances shall be referred to the next session of this court ; UNITED STATES. 345 resolved in the affirmative. In this manner was this method of grants ' that always look forward' brought to look directly upon the present business, in order to compel a compliance or, if you like that better, to look backward by way of punishment for a denial ; and so the public affairs were left to ma- nage themselves for any care that was taken of them. "Your next observation is not one jot a juster representation of the case before you. You say you are not for fixing a salary ' because it is not reason- able or possible you should confide in any governor whatsoever, so much as in our most gracious king.' As if this instruction to demand a salary came from a governor, and not from his majesty himself; and as if the salary was to be given directly to the go- vernor, and not to his majesty, for the use of his governor or commander in chief; or as if upon just complaint his majesty could not or would not re- move an ill governor, and, in short, as if your doing the thing would not be altogethei upon confidence in his majesty, and not in any governor whatsoever. The words of respect here used to his majesty came with a very ill grace, and have not that gravity in them which would be more becoming, since in the same breath you are disregarding his own demand and undervaluing his favour, and making light of his declaration, 'that if you do not pay an immediate regard to his instruction, he will look upon it as a manifest mark of your undutiful behaviour to himself.' " You carry on the same kind of reasoning to the end of your paper, which seems much better adapted to amuse than to prove any thing. " In the first place, you make a very pompous re- presentation of the governor's authority, and of the great dependance the other parts of the genera court have on his discretionary power, and call his> support the single instance in which he has some dependance on the assembly; and, just after, you give an odious aspersion on an undoubted branch o the power lodged in the governor, which is ' to keep the general court together as long as he thinks the public affairs require it.' I am at a loss to know whether your insinuation, that I keep you here in or der to compel you to act contrary to your nativi freedom and declared judgment, be more injuriou to me or yourselves. You seem to allow the go vernor's powers only so far as he uses them accord ing to your pleasure; but, in using your own powers to take' it very ill to be directed by any body. Yoi said before, ' that the other things which the hous depends on a governor for, are so vastly more thai a counterbalance to his support, (you might hav said subsistence, and then the irony would have aj peared more openly,) that it cannot be thought tha the commander in chief can be thereby prevente acting according to his judgment, or remain withou support.' As if you were ignorant of the afore mentioned proceedings of the last winter ; and ye you are very ready to think, that to keep you sittin^ here is a compulsion to you to act contrary to you native freedom and declared judgment, and so be tray the great trust your principals have reposed i you. But I persuade myself that your faithfulnes to your country put you above any such temptation " And, as I am still of opinion that you have ac ed upon mistaken notions, I cannot give over th hopes of your coming to see things in that true ligh in which, I flatter myself, I have stated the point i question ; and as I am disposed to gratify you as fa as is consistent with my duty and my honour, I hop you will consider what advances you can make t< wards a compliance, that so the present session ma ot be a needless burden to the people, but still hava great issue to his majesty's and the country's ser- ce. " W. Burnet." Not long after the house, instead of any advances )wards a compliance, which the governor wished to jtain, came to resolutions upon two questions which icwed still more fully their sense of the point in ontroversy. The first question was, Whether the ouse would take under consideration the settling a emporary salary upon the governor or commander n chief for the time being. This passed in the egative. Then this question was put : Whether ic house can, with safety to the people, come into ny other method for supporting the governor or ommander in chief for the time being, than what as been heretofore practised. This also passed in ic negative, and was the first instance of the house's eclaring they would make no advances, for in their message last preceding they only say, they do not hink it advisable to pass an act for fixing a salary s prescribed. These votes caused the governor to ut them in mind of a letter from their agent, in the ear 1722, wherein he mentions that Lord Cartaret, n conversation, desired him to write to the assembly ot to provoke the government in England to bring heir charter before the parliament, for if they did, t was his opinion, it would be dissolved without op- osition, and the governor advised them to take care heir proceedings did not bring their charter into langer at that time. This caution did not prevent he house from preparing a state of the controversy Between the governor and them, concerning his sa- ary, to transmit to their several towns, in the con- tusion of which they say that they dare neither come into a fixed salary on the governor for ever, aor for a limited time, for the following reasons : " 1. Because it is an untrodden path, which nei- her they nor their predecessors have gone in, and hey cannot certainly foresee the many dangers that may be in it, nor can they depart from that way which has been found safe and comfortable. ' 2. Because it is the undoubted right of all Eng- lishmen, by magna charta, to raise and dispose of money for the public service, of their own free ac- cord, without compulsion. ' 3. Because it must necessarily lessen the dignity and freedom of the house of representatives, in mak- ng acts, and raising and applying taxes, &c., and consequently cannot be thought a proper method to preserve that balance in the three branches of the legislature, which seems necessary to form, maintain, and uphold the constitution. " 4th. Because the charter fully impowers the ge neral assembly to make such laws and orders as they shall judge for the good and welfare of the inhabi- tants ; and if they, or any part of them, judge this not to be for their good, they neither ought nor could come into it ; for, as to act beyond or without the powers granted in the charter might justly incur the king's displeasure, so not to act up and agreeable to those powers might justly be deemed a betraying the rights and privileges therein granted ; and, if they should give up this right, they would open a door to many other inconveniences." This representation was prepared to be carried home by the several members, upon the rising of the court, m order to their towns giving their instruc- tions ; but, the house being kept sitting, it was printed and sent through the province. The go- vernor sent a message to the house, a few days after, in which he takes their representation to pieces ; and, in the close of his message, appeals to them 3-16 HISTORY OF AMERICA. whether he had not answered all their objections, " except the unknown inconveniences to which a door would be opened," which could not be answered until they could tell what they were ; and charges them with calling for help from what they had not mentioned, from a sense of the imperfection of what they had, and with sending to their several towns for advice ; and declaring at the same time, that they did not dare follow it. It would be tedious to recite at length the several messages which passed during the remainder of the controversy, from the chair to the house and from the house to the chair, which followed quick one upon the back of another ; the sum of the argument, upon the part of the governor was, that it was highly rea- sonable he should enjoy the free exercise of his judgment in the administration of government; but the grants, made for a short time only by the house, were thus limited for no other reason than to keep the governor in a state of dependence, and with de- sign to withhold from him the necessary means of subsistence, unless he would comply with their acts and resolves, however unreasonable they might ap- pear to him: that in fact they had treated governor Shute in this manner, and no longer since than the previous year, the house had refused to make the usual gi'ants and allowances, not only to the lieute nant-governor, but to other officers, until they hac compelled him to give his consent to a loan of sixty thousand pounds in bills of credit ; that a constitu tion which, in name and appearance, consisted o three branches was, in fact, reduced to one ; that i was a professed principle in the constitution of Grea Britain, to preserve a freedom in each of the thre branches of the legislature ; and it was a great fa vour shewn the province, when king William anc queen Mary established, by the royal charter, a forn of government so analogous to the government of Great Britain ; a principle of gratitude and loyalty, therefore, ought to induce them to establish a salary for the governor of this province, in order to his sup- porting his dignity and freedom, in like manner as the parliament always granted to the king what was called the civil list, not once in six months or from year to year, but for life ; that this was no more than other provinces which had no charters had done for their governors ; that there was nothing in the province charter to exempt, them from the same ob- ligation which other his majesty's colonies were under, to support the government ; and that they could have no pretence to greater privileges by char- ter, than the people of England enjoyed from magna charta, no clause of which was ever urged as an ob- jection against granting to the king a revenue for life ; and a power by charter to grant monies could not be a reason against granting them either for a limited or unlimited time. On the part of the house, the substance of their defence against the governor's demand, and his rea sons in support of it, was, that an obligation upon an assembly in the plantations could not be inferrec from the practice of the house of commons in Great Britain ; the king was the common father of all his subjects, and their interests were inseparably united, whereas a plantation governor was affected neither by the adversity nor prosperity of a colony when he had once left it ; no wonder then a colony could not place the same confidence in the governor which the nation placed in the king ; however, the grants to the governor always looked forward, and were made, not for service done, but to be done. It must be admitted, the governor is in some measure depend- ent upon the assembly for his salary, but he is d undent in this instance only ; whereas he has a :heck and controul upon every grant to any person n the government, and upon all laws and acts of government whatsoever; nor can an exact parallel 3e drawn between the constitution of Britain and ;hat of the province, for the council are dependent upon the governor for their very being, once every year, whereas the house of lords cannot be displaced unless they have criminally forfeited the rights of peers ; the house was not to be governed by the prac- tice of assemblies in some of the other colonies, nor were they to be dictated to and required to raise a certain sum for a certain time and certain purposes ; this would destroy the freedom which the house ap- prehended they had a right to in all their acts and resolves, and would deprive them of the powers given to them, by charter, to raise money and apply it when and how they thought proper. The messages of the house, at first, were short, supposed to have been drawn by Mr. Cooke, who never used many words in his speeches in the house, which generally discovered something manly and open, though sometimes severe and bitter, and often inaccurate. In the latter part of the controversy they were generally drawn by Mr. Welles, another member from Boston, the second year of his coming to the house. These were generally more prolix, and necessarily so, from the length of the messages to which they were an answer. The house had justice done them by their committees who managed this controversy, and they were then willing to allow, that the governor maintained a bad cause with as plausible reasons as could be. The contending parties, for a little while, endea- voured to be moderate and to preserve decorum, but it was impossible to continue this temper. On the 4th of September, the house repeated to the governor the request they had formerly made, to rise ; but he refused to grant it, and told them, that un- less his majesty's pleasure had its due weight with them their desires should have very little weight with him. The council, who had been for some time out of the question, now interposed and passed a vote " that it is expedient for the court to ascertain a sum as a salary for his excellency's support, as also the term of time for its continuance." This was sent to the house for concurrence. The council seem to have gone a little out of their line ; but the house took no other notice of the vote than to nonconcur it. The house, being kept sitting against their will, employed part of their time in drawing up the state of the con- troversy which we have mentioned. This was not occasioned by any doubt they had themselves, but to convince the governor that the people throughout the province were generally of the same mind with the house, and for this purpose they thought it necessary to obtain from their towns an express approbation of their conduct. It was well known, that not a town in the province would then have instructed their representatives to fix a salary upon the governor for the time being. One of the king's governments (Barbadoes) was at this time warmly contending with its governor against fixing a salary. The assembly of that island, some years before, had settled a very large salary upon a governor, against whom they afterwards made heavy complaints, charging him with rapaciousncss and grievous oppressions ; and his successor having demanded the like settlement upon him, they re- solved to withstand the demand, and the spirit seemed to be as high there as in Massachusetts. UNITED STATES. 347 This had no small tendency to strengthen and confirm the resolution of the people here, who sup- posed their charter rather an additional privilege and security against this demand. There was a minor part, however, very desirous of an accommodation. The ill success of the controversy with governor Shute was fresh in their minds. Many amiable qua- lities in Mr. Burnet caused them to wish he might continue their governor, and employ those powers and that attention which were now wholly engaged in this single point, in promoting the general welfare and prosperity of the province. About a third part of the house of representatives, and a major part of the council, would have been content to have granted a salary for two, or perhaps, three years. If we are to judge by his declarations, this would not 'have satisfied him, and it was far short of his instructions ; but his friends were of opi- nion, that such a partial compliance would have produced a relaxation of the instruction, and issued in lasting agreement and harmony. The house made what they would have the governor think a small advance towards it. Instead of a grant for the salary, supposed, though not expressed, for half a year, they made a grant (September 20th,) of three thousand pounds, equal to one thousand sterling, in order to enable him to manage the affairs of the province, and although it was not expressly mentioned, it was generally understood to be for a year. This was concurred by the council, but he let it lie without signing his consent, which caused the house to make at least a seeming farther ad- vance ; for on the 24th of October, they by a message intreated him to accept the grant, and added, " We cannot doubt but that succeeding assemblies, accord- ing to the ability of the province, will be very ready to grant as ample a support ; and if they should not, your excellency will then have the opportunity of shewing your resentment." Still they had no effect ; the governor knew how natural it would be for a fu- ture assembly to refuse being governed by the opi- nion of a former, besides the reserve " according to the ability of the province," left sufficient room for a further reason for reducing the sum whensoever a future assembly should think it proper. A little before this message from the house, the governor had informed them that he was of opinion the act which passed the last year, issuing sixty thousand pounds in bills of credit by way of loan, would be disallowed, the lieutenant-governor having given his consent to it directly contrary to a royal instruction, and recommended to them, as the most likely way to obtain his majesty's approbation, to ap- ply the interest of the money arising from the loan towards the governor's salary. This was one of those acts which have their operation so far, before they are laid before his majesty, that great confusion may arise from their disallowance. The house there- fore, had no great fears concerning it ; but it would have been a sufficient reason to prevent their com- plying with the proposal, that it would be a fixing the salary so long as the loan continued, and for this reason they refused it. The country in general, as we have observed, was averse to a compliance with the king's instruction, but no part more so than the town of Boston. Ge- nerally, in the colonies, where there is a trading ca- pital town, the inhabitants of it are the most zealous part of the colony in asserting their liberties when an opinion prevails that they are attacked. They follow the example of London, the capital of the na- tion. The governor had frequently said, that the members of the house could not act with freedom, >eing influenced by the inhabitants of the town. Be- sides, the town, at a general meeting of the inhabit- ants for that purpose, had passed a vote, which was ailed the unanimous declaration of the inhabitants )f the town of Boston, against fixing a salary upon, the governor, and this vote they ordered to be printed. The governor was in great wrath, and called it " an unnecessary forwardness, an attempt o give law to the country." This seems to have de- ermined him to remove the court out of town, and on the 24th of October he caused it to be adjourned ;o the 31st, then to meet at Salem, in the county of Essex, " where prejudice had not taken root, and where of consequence his majesty's service would in all probability be better answered." Jocosely, he aid there might be a charm in the names of places, and that he was at a loss whether to carry them there or to Concord. The house thought their being kept so long sitting at Boston a great grievance. In one of their mes- sages, they ask the governor, " Whether it has been customary that the knights, burgesses, and other freemen of the land, should be told that they are met to grant money in such a peculiar way and manner, and so they should be kept till they had done it, and this in order to gain their good will and assent." In his reply, he tells them he would consider their ques- tion in all its parts : " 1st, ' Whether freemen, &c. should be told they are met to grant money.' I answer, the crown always tells them so. 2d. * In such a particular way and manner ?' I answer, if you mean the way and means of raising money, the crown leaves that to the commons ; but if you mean the purpose for which it is to be granted, the crown always tell them what that is, whether it is for an honourable support, the defence of the kingdom, carrying on a war, or the like. 3d. ' And so they should be kept till they had done it' The crown never tells the parliament so, that I know of; nor have I told you any thing like this as an expedient to get the thing done. I have given you a very dif- ferent reason for not agreeing to a recess, altogether for your own sakes, lest I should thereby make your im- mediate regard to his majesty's pleasure impossible." The house could not easily be persuaded they were kept so long together merely for their own sakes, and thought this part of the governor's answer evasive of the true reason ; and considered themselves as under duresse whilst at Boston, and their removal to Salem to be a further hardship, and an earnest of what was still further to come, a removal from place to place until they were harassed into a compliance. The members of the general court privately lamented the measures which had driven away governor Shute, who would have been easy with a salary of about 500/. sterling, granted from year to year ; and the same persons, by whose influence his salary was re- duced, were now pressing Mr. Burnet to accept 1000Z. in the same way, and could not prevail. The house met, according to the adjournment, but immediately complained of their removal from Bos- ton as illegal or unconstitutional, and a great griev- ance. The same, and the only reason which was now given, had been given before in the controversy with governor Shute. The form of the writ for calling an assembly, directed by the province law, mentions its being to be held at the town house at Boston ; but this had been determined by the king in council to be, as no doubt it was, mere matter of form or example only, and that it did not limit the power which the crown before had of summoning 348 THE HISTORY OF AMERICA. and holding assemblies at any other place. They prayed the governor, however, to adjourn them back to Boston, but without success. They endeavoured to prevail upon the council to join with them, but the council declared they were of a different opinion, and urged the house to pro- ceed upon business, which occasioned repeated mes- sages upon the subject; but the whole stress of the argument on the part of the house lay upon the form of the writ for calling the assembly, which the board answered by saying, that the house might as well in- sist that all precepts to the towns should go from the sheriff of Suffolk, because the form of the precept in the law has " Suffolk ss." The alteration of place had no effect upon the members of the house. Votes and messages passed, but no new arguments; the subject had been ex- hausted, and nothing remained but a determined resolution on both sides to abide by their principles, consequently, the house met and adjourned, day after day, without doing any business. The gover- nor was the principal sufferer, not being allowed by the king to receive any thing towards his support, except in a way in which the assembly would not give it. The members of the court, in general, were as well accommodated at Salem as Boston, and the members of Boston, who had not been used to the expense and other inconvenience of absence from home, received a compensation from their town, over and above the ordinary wages of representatives. It was a time of peace without, and a cessation of pub- lic business, for that reason, was less felt. The house, from an apprehension that their cause was just, and therefore that they were entitled to re- lief, resolved to make their humble application to his majesty. Francis Wilks, a New England mer- chant, in London, who had been friendly to Mr. Cooke in his agency, and who was universally esteemed for his great probity, as well as his humane obliging disposition, was fixed upon for their agent. Mr. Belcher, who had been several years of the council, always closely attached to governor Shute, and, in general, what was called a prerogative man, by some accident or other became, on a sudden, the favourite of the house, and he was thought the pro- perest person to join with Mr. Wilks. At the last election he had been left out of the council, by what was called the country party, but now declared against the governor's measures, and became inti- mate with Mr. Cooke and other leading members oi the house. Such instantaneous conversions are not uncommon. A grant was made by the house to de- fray the charges of the agency, but this was noneon curred by the council, because it was for the use of agents in whose appointment they had no voice The want of money threatened a stop to the pro- ceeding, but the public spirit of the town of Boston was displayed upon this occasion, and by a subscrip tion of merchants and other inhabitants, a sum was raised which was thought sufficient for the purpose the house voting them thanks, and promising thei; utmost endeavours that the sums advanced shoulc be repaid in convenient time. The governor desir ed a copy of their address to the king, but they re fused it. The only argument or reason in the king's in struction for fixing a salary is, " that former assem blies have, from time to time, made such allowance and in such proportion as they themselves though the governor deserved, in order to make him mor dependent upon them." The house, in the first par of their memorial or address, declare they canno i faithfulness settle or fix a salary, because, after hat is done, the governor's particular interest will e very little affected by serving or disserving the nterest of the people. This was shewing, that they pprehended the reason given by his majesty for ettling a salary was insufficient, and that the go- ernor ought to be paid according to his services in ic judgment of those who paid him, but in the lose of the address they say, " we doubt not suc- eeding assemblies, according to the ability of the rovince, will come into as ample and honourable a upport, from time to time, and should they not, we cknowledge your majesty will have just reason to hew your displeasure with them." It was remark- d, that in order to make the last clause consist with he first, the ample and honourable support must be inderstood in proportion to the services of the go- ernor in the judgment of the house, but in this ense it was saying nothing, and trifling with the nng; for no case could happen, at any time, in vhich he would have just reason to shew his dis- )Ieasure. It would always be enough to say that he house, in faithfulness to the people, had with- icld part of the governor's support, because, in their udgment, he had neglected their interest and his duty. It is curious to observe the progress of a spirit, vhich afterwards manifested itself in the entire emancipation of the colonies. At this time it wa# uggested that the people of the Massachusetts were aiming at independency, and in consequence of what was then deemed an aspersion, the following remark ivas made in the brief drawn up previous to the learing before the committee in council : " From he universal loyalty of the people, even beyond any >ther part of his majesty's dominions, it is absurd to magine they can have thoughts of independency; and, to shew the reverse, it is the custom for all per- ons coming from thence for London, though they ind their fathers and grandfathers were born in ew England, to say and always deem it coming home,' as naturally as if born in London, so that it may be said, without being ludicrous, that it would not be more absurd to place two of his majesty's beef-eaters to watch a child in the cradle, that it do not rise and cut his father's throat, than to guard ,hese infant colonies to prevent their shaking off the British yoke. Besides they are so distinct from one another in their forms of government, in their re- .igious rites, in their emulation of trade, and conse- quently in their affections, that they can never be supposed to unite in so dangerous an enterprise." The repeated opposition to instructions from the crown also tended to raise a jealousy in the minds of some, that there was danger of the colonies eman- cipating themselves. Col. Bladen, in particular, for many years one of the board of trade, often express- ed to the agents and other persons who appeared for New England, his apprehensions of such de- signs. It is, nevertheless, certain, that such a scheme' then appeared to the generality of the coun- try to be altogether as wild and extravagant as the foregoing excuse represents it. The following para- graph in the report of the lords of trade to the lords committee of council, had been the immediate occa- sion of the matter being agitated: " The inhabitants, far from making suitable returns to his majesty for the extraordinary privileges they enjoy, are daily endeavouring to wrest the small remains of power out of the hands of the crown, and to become inde- pendent of the mother kingdom. The nature of the soil and product are much the same with those UNITED STATES. 349 of Great Britain, the inhabitants upwards of 94,000, and their militia, consisting of sixteen regiments of font and fifteen troops of horse, in the year 1718, 15,000 men, and, by a medium taken from the naval officers' accounts for three years, from the 24th of June 1714 to the 24th of June 1717, for the ports of Boston and Salem only, it appears that the trade of this country employs continually no less than 3,493 sailors, and 492 ships, making 25,406 tons. Hence your excellencies will be apprised of what importance it is to his majesty's service, that so powerful a colony should be restrained within due bounds of obedience to the crown, and more firmly attached to the interests of Great Britain than they now seem to be, which we conceive cannot effectually be done without the interposition of the British legislature, wherein, in our humble opinion, no time should be lost." The house had great encouragement given them by Mr. Wilks, that their address would obtain for them the wished for relief. He had been heard by counsel, Mr. Fazakerley and Doctor Sayes, before the board of trade, Mr. Belcher not being then arrived; but soon after they received letters from their joint agents, inclosing the report of the. board of trade, highly disapproving the conduct of the house ; and their agents let them know it was their opinion that if the house should persist in their refusal to comply with the king's instruction, the affair might be carried before the parliament; but, if this should be the case, they thought it better, a salary should be fixed by the supreme legislature than by the legislature of the province ; better the liberties of the people should be taken away from them, than given up by their own act. The governor likewise com- municated to the house his letters from the lords of trade approving his conduct. All hopes of success from the agents seemed to be over, and their business in England would have been very short if the governor had not given oc- casion for further application. His administration for many months, except in this affair of the salary, had been unexceptionable. Indeed the members ol the house thought themselves aggrieved, that he would not sign a warrant upon the treasury for their pay, and his reason for refusing it, viz. that one branch of the legislature might as well go without their wages as another, they thought insufficient. Being driven to pecuniary embarrassments, and obliged to his friends to assist him in the support of his family, he thought he might be justified in es- tablishing a fee and perquisite which had never been known in the province before. At New York, all vessels took from the governor, a pass, for which there was no law, but the owners of vessels submittec to it, and it was said that they, " volenti non Jit in- juria" were willing it should not be deemed an injury, but this could be no justification of an arbi trary imposition. The governor required all masters to take th< same passes, against their will, and demanded 6*., or 2s. sterling for every vessel bound a foreign voyage and 4*. for coasters. The stated fee, by law, foi registers was 6s., but the bills having depreciatec more than one half in value since the law was made he required 12s. This was a rather different case from the other, but they were alike complained o as grievous and oppressive, and the governor's ene mies were not displeased with the advantage he hac given them against him, and, upon a representation made by the agents, notwithstanding the hardship of being restrained from receiving a salary in way except such as the assembly would not give it "n, yet such was the regard to law and justice, that iis conduct, so far as related to the passes, was im- mediately disapproved. There were other matters, )esides that of the salary, to be settled befcre Mr. 3urnet could be easy in his government, but this _rand affair caused the lesser to be kept off as much as possible. One was the appointment of an attor- ney general. By the charter the election of the civil officers, except such as belong to the council and courts of justice, is in the general assembly. Until after governor Dudley's time it had generally been allowed that the attorney general was an offi- cer of the courts of justice, and included in the ex- ception; but lieut.-governor Tailer, in the year 1716, consented to an election made by the two bouses, and the choice had been annually made and approved ever since, not without notice from Mr. Shute of the irregularity of it, but he had so many other affairs upon his hands, that he waived this. Mr. Burnet was determined not to part with the right of nomination, and the council were of the opinion he ought not, and refused to join with the house in the election, There was some altercation between the two houses upon it, and both adhered to their principles. Another affair, of more extensive influence, wunld have been more strenuously insisted upon. In governor Shute's administration, the house, after long disputes with the governor and with the council, carried the point as to the form of supply of the treasury, which differing, as we have already observed, from the former practice, and, as both governor and council insisted, from the rule pre- scribed by the charter, Mr. Burnet had determined to return to the first practice. The house passed a vote for supplying the treasury with twenty thou- sand pounds, which the council concurred, the prac- tice having been the same for eight or nine years together, but the governor refused his consent, and assured them that he would agree to no supply of the treasury but such as was in practice before the year 1721. This declaration was made not long before his death. The settlement of the point in controversy remained for his successor. The court was allowed a recess from the 20th of December to the 2d of April, (1729), and then sat until the 1 8th, at Salem again, without any disposi- tion to comply. The new assembly for the election of counsellors was held at the same place : there was a general ex- pectation that a new set of counsellors would be cho- sen. The council, of the last year, had been of very different opinion from the house, in many points. They had no doubt of the governor's power to call, adjourn, or prorogue the assembly to any part of the province he thought proper, and, although they were not for a fixed salary, according to the instruction, yet they would willingly have consented to settle it for longer term than a year, and some of them, during Mr. Burnet's administration ; but the house were most offended with the nonconcurrence of their grant of money to their agents. After all, only four new counsellors were elected. Immedi- ately after the council was settled, the court was prorogued to the 25th of June, and, having sat until the 10th of July, he prorogued them again until the 20th of August, having made no speech at either of the sessions, or taken any notice of any business he thought proper for them to do. The reason of this omission appeared at the session in August. He had waited the final determination of his majesty in 350 THE HISTORY OF AMERICA. council, upon the report of the lords committee. This he now communicated to the house, whereby they perceived that his conduct was approved, that of the house condemned, and his majesty advised to lay the case before the parliament. As this is a curious state document, and gives an idea of the tenets held by the English court, we shall preserve it in our history. " At the Court at Kensington, the 22d day of May, 1729, present, the Queen's most excellent ma- iesty, guardian of the kingdom of Great Britain, and. his majesty's lieutenant within the same, in council, his Royal Highness the Prince of Wales, Arch- bishop of Canterbury, Lord Chancellor, Lord Privy Seal, Lord Steward. Lord Chamberlain, Duke of Somerset, Duke of Bolton, Duke of Rutland, Duke of Argyle, Duke of Montross, Duke of Kent, Duke of Ancaster, Duke of Newcastle, Earl of Westmor- land, Earl of Burlington, Earl of Scarborough, Earl of Coventry, Earl of Grantham, Earl of Godolphin, Earl of Loudoun, Earl of Finlater, Earl of March- mont, Earl of Hay, Earl of Uxbridge, Earl of Sussex, Earl of Lonsdale", Viscount Cobham, Viscount Fal- mouth, Lord Wilmington, Mr. Speaker, Mr. Chan- cellor of the Exchequer, Master of the Rolls, Sir Paul Methuen, Henry Pelham, Esq. ; " Upon reading this day at the board a report to his majesty from the lords of the committee of his ma- jesty's most honourable privy council, dated the 22d of the last month, in the words following, viz. " Your majesty having been pleased, by your order in council of the 1st of February, to refer unto this committee an address from the house of repre- sentatives of the province of the Massachusetts bay, offering the reason and grounds of their proceedings and conclusions against settling a fixed salary of one thousand pounds per annum on the governor of that province for the time being, according to your ma- jesty's instructions to the present governor, and complaining against the governor for having ad- journed the general court from Boston to Salem ; the lords of the committee did, in obedience to your ma- jesty's said order, proceed, the same day, to take the said address into their consideration ; but being informed that the lords commissioners for trade and plantations had under their examination several let- ters from William Burnet, Esq. your majesty's go- vernor of that province, relating to the behaviour of the said assembly in this affair, the lords of the com- mittee did thereupon send a copy of the said address to the said lords commissioners, that they might have the whole matter before them, and directed them to report their opinion thereupon to this com- mittee. And the said lords commissioners having accordingly considered the said several papers, and heard Mr. Attorney and Solicitor-general in support of your majesty's said instructions, and also counsel in behalf of the said assembly, have reported upon the whole. That they seemed entirely averse to settle a certain salary upon the present governor and those which shall succeed him, yet the said lords commis- sioners judge it absolutely necessary that the as- sembly should settle a fixed salary of 1000Z. sterling per annum, at, least, upon the governor, during the whole time of his governmeat, it being absolutely necessary for your majesty's service that the inde- pendency of the governor upon the assembly should be preserved : And that as to the complaint against the governor for removing the assembly from Boston to Salem, his majesty in council, upon a former com- plaint of this nature against colonel Shute, had de- termined that point in favour of the governor, and, therefore, the lords commissioners were of opinion the present governor had acted in this matter agree- able to that detennination. " The lords of the committee hereupon beg leave to acquaint your majesty, that notwithstanding the said lords commissioners for trade had fully heard all the reasons that were offered in behalf of the said as- sembly, yet the agents of the said assembly petitioned this committee the 19th instant, praying that they might be admitted to be heard before their lordships, who thought it proper to know upon what terms thev would insist, that your majesty's attorney and solf- citor-general might be prepared to answer the same, and they desiring to be heard upon the reasons they had to offer why the said assembly should not settle a fixed salary upon his majesty's governor of that province during the whole time of his government, their lordships appointed this day for hearing them thereupon ; they having accordingly attended with their counsel, their lordships heard all that was offered on their behalf against settling such a fixed salary, and also heard Mr. Attorney and Solicitor-general in support of your majesty's said instructions recom- mending it to them : And do thereupon agree humbly to report to your majesty, " That by the charter granted to the Massachu- setts-bay, the legislative power is vested in a gover- nor, council and assembly, of whom the governor alone is nominated by your majesty ; that the as- sembly is chosen annually by the p'eople, and that the council is likewise chosen annually by the as- sembly in conjunction with the members of the coun- cil; that by the reasons insisted on by the council for the assembly in refusing to settle a fixed salary, it appeared, the point contended for was to bring the governor appointed by your majesty over them into a dependence on their good will for his subsistence, which would manifestly tend to a lessening of his authority, and consequently, of that dependence which this colony ought to have upon the crown of Great Britain, by bringing the whale legislative power into the hands of the people. "The power of raising taxes being by the charter granted to the general assembly, it was from thence argued, that they ought to be left at liberty for the doing or omitting it, as they shall think proper ; but the words of the charter shew the intent of granting them this power to be, that they should use it for the service of the crown, in the necessary defence and support of your majesty's government of the said province, and the protection and preservation of the inhabitants ; and that, therefore, the refusing or ne- glecting to make due provision for the support of your majesty's governor, who is so essential a part of the government, must be looked upon as acting con- trary to the terms of the said charter, and incon- sistent w T ith the trust reposed in them thereby. That, besides the instruction given to the present governor by your majesty for this purpose, instructions have always been given by your majesty's predecessors to former governors, to recommend to the assembly the establishing a salary suitable to the dignity of that post ; notwithstanding which the assembly have hitherto refused to comply therewith, although they have by act of assembly settled a fixed salary or al- lowance of six shillings a day on themselves, and ten shillings a day on the council. The present as- sembly have, indeed, offered your majesty's governor a salary equal to what was recommended by your majesty's instructions, for the time he has been with them ; but it is apprehended this was done only to tempt him to give up your majesty's instructions for settling it for the whole time of his government. UNITED STATES, 351 " And here their lordships cannot, in justice to Mr. Burnet, omit taking notice, that by his steady pursuit of your majesty's instructions and icjecting the temptations offerc-d by the assembly, he has acted with the utmost duty to your majesty, and a just re- gard to the trust reposed in him as governor of that province. ' Upon a due consideration of all that has been offered on the part of the assembly in justification of their refusing to comply with your majesty's instruc- tions, the lords of the committee cannot but agree in opinion with the lords commissioners for trade and plantations, that it is absolutely necessary for your majesty's service and for preserving that dependency which this colony ought to have upon Great Britain, and better securing a due execution of the laws for trade and navigation, that a salary of 100CM. sterling per annum should be settled upon the governor during' the whole time of his government, and con- sidering that the assembly of the province has shewn so little regard to your majesty's instructions or to those of your royal predecessors in this behalf, which the governors, from time to time, have been directed to lay before them, the lords of the committee do ad- vise your majesty to lay the whole matter before the parliament of Great Britain. " Her majesty, this day, took the said report into consideration, and was pleased, with the advice of his majesty's privy council, to approve thereof, and to order, as is hereby ordered, that one of his ma- jesty's principal secretaries of state should receive the pleasure of the crown thereupon. " A true copy, Temple Stanyan." The house received with the foregoing order, a letter from their agents, who, it seems, had altered their opinions, and now intimated to the house, that notwithstanding the determination or advice of the privy council, it was not likely the affair would ever be brought before the parliament. This letter the house ordered to be printed. The governor in one or his messages characterizes it as " an undeniable proof of their endeavours to keep the people in igno- rance of the true state of their affairs." The governor having held several sessions at Sa- lem, without any success, he adjourned the court, to meet the 21st of August, at Cambridge. This widened the breach, and the house grew warmer in their votes and messages, and complained that they were to be compelled to measures against their judg- ment, by being harassed and drove from one part of the province to another. The governor's friends observed the effect the controversy had upon his spirits. In a few days, he fell sick of a fever, and died at Boston the 7th of September. Some attri- buted his illness to his taking cold, his carriage oversetting upon the causeway at Cambridge, the tide being high, and he falling into the water. The resentment which had been raised ceased, with peo- ple in general, upon his death. Many amiable parts of his character revived in their minds. He had been steady and inflexible in his adherence to his instruc- tions, but discovered nothing of a grasping avarici- cious mind ; it was the mode, more than the quan- tum, of his salary upon which he insisted. The naval office had generally been a post for some re- lation or favourite of the governor, but Colonel Tailer having been lieut.-governor, and in circum- stances far from affluent, he generously gave the post to him, without any reserve of the issues or profits. The only instance of his undue exacting money, by some, was thought to be palliated by the established custom of the government he had quit- ted. This did not justify it. In his disposal of public offices, he gave the preference to such as were disposed to favour his cause, and displaced some for not favouring it, and, in some instances, he went further than good policy would allow. He did not know the temper of the people of New England. They ever had a strong sense of liberty, and were more easily led than driven. He disobliged many of his friends by removing from his post Mr. Lynde, a gentleman of the house, esteemed by both sides for his integrity and other valuable qualities, and he acknowledged that he could assign no other rea- son except that the gentleman had not voted for a compliance with the instruction. However, an im- moral or unfair character was a bar to office, and he gave his negative to an election of a counsellor, in one instance, upon that principle only. His su- perior talents, and free and easy manner of com- municating his sentiments, made him the delight of men of sense and learning. His right of precedence in all companies facilitated the exercise of his natu- ral disposition to a great share in the conversation, and at the same time ' caused it to appear more excusable.' His own account of his genius was, that it was late before it budded, and that, until he was near twenty years of age, his father despaired of his ever making any figure in life. This, per- haps, might proceed from the exact severe discipline of the bishop's family, not calculated for every tem- per alike, and might damp and discourage his. To long and frequent religious services at home, in his youth, he would sometimes pleasantly attribute his indisposition to a very scrupulous exact attendance upon public worship, but this might, really, be owing to an abhorrence of ostentation and mere formality in religion, to avoid which, as most of the grave serious people of the province thought, he ap- proached too near the other extreme. A little more caution and conformity to the different ages, man- ners, customs, and even prejudices of different com- panies, would have been more politic, but his open, undisguised mind could not submit to it. Being asked to dine with an old charter senator, who re- tained the custom of saying grace sitting, the grave gentleman desired to know which would be more agreeable to his excellency, that grace should be said standing or sitting ; the governor replied, stand- ing or sitting any way or no way, just as you please. He sometimes wore a cloth coat lined with velvet. It was said to be expressive of his character. He was a firm believer of the truth of revealed religion, but a bigot to no particular profession among Chris tians, and laid little stress upon modes and forms. By a clause in his last will, he ordered his body to be buried, if he died at New York, by his wife, if iu any other part of the world, in the nearest church- yard or burying-ground, all places being alike to God's all-seeing eye. The assembly ordered a very honourable funeral at the public charge. Mr. Dummer reassumed the administration. He did not intend to enter into the controversy about the salary; no advantage could arise from it, no new arguments could be used, the king's instruc- tions were to be his rule, and he would not depart from them by accepting any grant as lieut.-gover- nor ; but the affair having been under consideration, before his majesty in council, and further proceed- ings expected, he would wait for further intelligence and directions. The house were not willing to ad- mit that the instruction had any respect to the sa- lary of a lieut.-governor, but if it had, they had given sufficient reasons against it, and were deter- S52 THE HISTORY OF AMERICA. mined to come into no act for fixing a salary. Having continued the session at Cambridge until the 26th of September, he ordered an adjournment to the 29th of November, at Boston, which was a further indication that he did not intend to press the instruction ; however, at their first coming toge- ther, he recommended to them a compliance with it, and, upon their assuring him, by a message, that, although they could not settle a salary, yet they were ready to give him an ample and honourable support, he desired them to lose no time about it, for he would accept of no support unless it should be exactly conformable to his majesty's instruction. The house, notwithstanding, made a grant of 750/. to enable him to manage the affairs of government. The council concurred with an amendment, adding, ' for the half year current;' but this being fixing a salary for half a year, the house refused it. Upon the news of Mr. Burnet's death, Mr. Bel- cher applied with all his powers to obtain the com- mission for the government. Governor Shute might have returned, but he declined, and generously gave his interest to Mr. Belcher, who, fourteen years be- fore, had given 500J. sterling, which was never repaid, to facilitate Colonel Shute's appointment. The controversy, which it was supposed a governor must be engaged in, caused fewer competitors, and the ministry were the more concerned to find a proper person. Lord Townshend asked Mr. Wilks, who had much of his confidence, whether he thought Mr. Belcher would be able to influence the people to a compliance with the king's instructions, he replied that he thought no man more likely. Their choosing him agent was a mark of their confidence in him, but it seemed natural to expect that they would be under stronger prejudices against him than against a person who had never engaged in their favour. Mr. Belcher's appointment occasioned the removal of Mr. Dummer from the place of lieut.- governor. A young gentleman, with whose family Mr. Wilks was connected, (Mr. Thornton) Mr. Belcher had engaged to provide for, and he had no post in his gift, worth accepting, besides the naval office. To make a vacancy there, Colonel Tailer was appointed lieut.-governor. The pleasure, if there was any, in superseding Mr. Dummer, who had superseded him before, could be no equivalent for the difference between a post of naked honour, and a post of profit, which gave him a comfortable living. Mr. Dummer's administration has been, justly, well spoken of. His general aim was to do public service. He was compelled to some com- pliances which appeared to him the least of two evils. It lessened him in Mr. Burnet's esteem, who thought he should have shewn more fortitude ; but he retired with honour, and, after some years, was elected into the council, where, from respect to his former commission, he took the place of president; but, being thought too favourable to the prerogative, after two or three years, he was left out. He seemed to lay this slight more to heart than the loss of his commission, and aimed- at nothing more, the rest of his life, than selecting for his friends and acquaint ance men of sense, virtue, and religion, and en- joyed in life, for many years, that fame which, for infinitely wise reasons, the great Creator has im- planted in every generous breast a desire of, even after death. Colonel Tailer's commission was received and published before Mr. Belcher's arrival, and it gave him an opportunity of doing a generous thing for Mr. Dummer. A vote had passed the two houses, granting him nine hundred pounds, which, from a regard to his instructions, he had not signed, nor lad he expressly refused it, and the court having aeen adjourned only, not prorogued, the next meet- ing was considered as the same session, and Colonel Tailer ventured to sign it, not being a grant to him- self, and not against the letter of his instructions; and it was really saving money to Mr. Dummer, the grant being intended for services to come as well as past, would not have been renewed, or in part only. From the arrival of Governor Belcher, in 1730, to the reimbursement of the charge of the expedition against Cape Breton, and the abolition of paper money, 1749. Mr. Belcher arrived the beginning of August, in the Blandford man of war, Capt Prothero. No governor had been received with a shew of greater joy. Both parties supposed they had an in- terest in him. For men to alter their principles and practice, according to their interest, was no new thing. A sketch of Mr. Belcher's life and character will in some measure account for his obtaining the government, for the principal events in its adminis- tration and for the loss of his commission. Being the only son of a wealthy father, he had good prospects from the beginning of life. After an academical education in his own country, he travelled to Europe, was twice at Hanover, and was introduced to the court there, at the time when the princess Sophia was the presumptive heiress to the British crown. The novelty of a British American, added to the gracefulness of his person, caused distinguished notice to be taken of him, which tended to increase that aspiring turn of mind which was very natural to him. Some years after, he made another voyage tc England, being then engaged in mercantile affairs, which, after his return home, proved, in the general course of them, rather unsuccessful, and seem to have suppressed or abated the ruling passion ; but being chosen agent for the house of repi'esentatives, it revived and was gratified to the utmost, by his appointment to the government of Massachusetts-bay and New Hamp- shire, and discovered itself in every part of his ad- ministration. Before he was governor, except in one instance, he had always been a favourer of the prerogative, and afterwards he did not fail of acting up to his principles. A man of high principles can- not be too jealous of himself, upon a sudden ad- vancement to a place of power. The council never enjoyed less freedom than in his time. He propos- ed matters for the sake of their sanction rather than advice, rarely failing of a majority to approve of his sentiments. He lived elegantly in his family, was hospitable, made great shew in dress, equipage, &c. and although by his depreciation of the currency he was curtailed of his salary, yet he disdained any unwarrantable or mean ways of obtaining money to supply his ex- penses. By great freedom in conversation, and an unreserved censure of persons whose principles or conduct he disapproved, he made himself many ene- mies. In a private person, this may often pass with little notice, but from a governor it is sure to be remembered, and some never ceased pursuing him until they had him displaced. The general court met the 9th of September, at Cambridge, the small-pox being at Boston. The people waited with impatience the governor's first speech. Many flattered themselves that the instruc- tion for a fixed salary was withdrawn ; others, that UNITED STATES. if it was continued, he would treat it rather as Dud- ley aud Shute had done, than as his immediate pre- de'cessor; others, who did not expect a relaxation, were, from curiosity, wishing to know how he would acquit himself with* the people who sent him to Eng- land to oppose the instruction. After premising that the honour of the crown and interest of Great Britain are very compatible with the privileges and liberties of the plantations, he tells the two houses that he had it in command from his royal master, to communicate to them his 27th instruction, respect- ing the governor's support ; that whilst he was in England he did every thing, consistent with reason and justice, for preserving and lengthening out the peace and welfare of the province ; that they were no strangers to the steps taken by his majesty with respect to the unhappy dispute between the late governor and them, and he hoped after such a struggle, they would think it for the true interest of the province to do what might be perfectly accept- able ; that nothing prevented this controversy, and several other matters of dangerous consequence, being laid before the parliament, but his majesty's great lenity and goodness, which inclined him 'to give them one opportunity more of paying a due re- gard to what in his royal wisdom he thinks so just and reasonable. Had he stopped here, perhaps, less could not have been expected from him, but he unfortunately attempted to shew the similitude be- tween the case of Cato shut up in Utica, and the Massachusetts-bay under the restraint of the royal instruction ; commended the wisdom of Cato in mak- ing so brave a stand for the liberties of his country, but condemned his putting an end to his life when affairs became desperate, rather than submit to a power he could no longer resist; which instance he brought as some illustration of the late controversy, though he would not allow it to run parallel, Caesar being a tyrant, and the king the protector of the liberties of his subjects. It was said, upon this occasion, that the governor must allow that the Massachusetts assembly had done wisely hitherto in defending their liberties, for, otherwise, he had brought an instance of a case in no one respect similar to theirs; and if they had done so, it was because the instruction was a mere exeition of power, and then the parallel would run farther than he was willing to allow. The instruction was conceived in much stronger terms than that to governor Burnet, and it is de- clared that in case the assembly refuses to conform to it, " his majesty will find himself under a neces- sity of laying the undutiful behaviour of the province before the legislature of Great Britain, not only in this single instance but in many others of the same nature and tendency, whereby it manifestly appears that this assembly, for some years last past, have attempted by unwarrantable practices to weaken, not cast off the obedience they owe to the crown, and the dependance which all colonies ought to have on their mother country." And in the close of the in- struction his majesty expects "that they do forth- with comply with this proposal as the last significa- tion of our royal pleasure to them upon this subject, and if the said assembly shall not think fit to comply therewith, it is our will and pleasure and you are required immediately to come over to this kingdom of Great Britain, in order to give us an exact ac- count of all that shall have passed upon this sub- ject, that we may lay the same before our parlia ment." The bouse proceeded just as they had done with HIST OF AMER. NoV 45 & 48. governor Burnet. They made a grant to Mr. Bel- ;her of 1,OOOJ. currency, for defraying the expense f his voyage to New England, and as a gratuity for ervices while in England : 500/. was also granted o the governor, for his services in England as agent "or the house of representatives ; and the sum of 1,5032. Is. Id., which had been advanced by mer- chants in Boston and others and supplied the agents, vas also granted to be paid out of the public treasury, and to the several persons respectively. The ho- nour of the governor who had spent the money, as well as that of the house, was concerned. The coun- cil, although in general the same persons who lad refused to consent to any grant of money, for the use of an agent in the choice of whom they had no share, were prevailed upon by the governor and the influence of a great number of the principal merchants of Boston, who had advanced the money, to consent to a grant for the repayment of it. Th& liouse, expecting the like difficulty might arise upon a like occasion in future time, took this favourable opportunity of passing a vote for the taking the sum of 500. sterling out of the province treasury, and depositing it in the bank of England for the usw of the house. To this vt)te the council gave their concurrence and the governor his consent. He re- pented of it afterwards, when he found the agent employed by the house and supported with this mo- ney was the principal promoter of the complaints a gainst him which caused his removal from the go- vernment; and sometime after they voted him a sum equal to a thousand pounds sterling,- to enable him to manage the public affairs, &c., but would fix no time. The council concurred in it with an amend- ment, viz., " and that the same sum be annually allowed for the governor's support." This, without a fund for the payment of it, was doing little mere than the house had repeatedly done by their decla- rations, that they doubted not future assemblies would make the like honourable provision for the governor's support, according to the ability of the province; the amendment, notwithstanding, was nut agreed to, and the house adhered to their own vote. This produced a second amendment, viz., " that tho same sum should be annually paid during his ex- cellency's continuance in the government and resi- dence here :" but this also was nonconcured. Tho two houses then conferred upon the subject, the go vernor being present, which was unusual, at. the confer ence. Mr. Shirley had been desirous of acquainting himself with the arguments on both sides, in some affair in controversy between the two houses, inti- mated to the council his inclination to be present. When the house came up the speaker, Mr. Gushing, seeing the governor in the chair, started back and remaining at the door of the council chamber, ex- pressed his surprise at seeing his excellency in the chair, the conference being intended between the two houses only, but if his excellency intended to remain in the chair, only to hear the arguments, he imagined the house would have no objection to conferring in his presence: and Mr. Shirley re- mained, as in the present instance did Mr. Bel- cher, and made a long speech, expressing the great pleasure the council had given him in the part they had taken, and his concern and surprize at the conduct of the house, in running the risk of the consequences of their refusal to comply with the in- struction, reminded them of the vast expense which their former unsuccessful disputes with their go- vernors had occasioned to the province, but used no arguments to convince them of the reasonableness 2T 3' -4 THE HISTORY OF AMERICA. of the demand, and its compatibility with their rights and privileges. The small-pox being in the town of Cambridge, where the court sat, the house desired to rise; but the governor let them know he would meet them in any other town, and the same day ordered an adjourn- ment to Roxbury, where a bill passed both houses for the support of the governor, but not coming up to the instruction, the governor could not consent to it. The country party in the house, as much a sole- cism as it was, was the most zealous for the prero- gative ; and, except a few prerogative men who were always willing to fix the salary, none went so great a length, at this time, towards fixing it, as those who opposed any one step towards it, under Mr. Bur net. The people, in general, were well plcas-d with the governor. It is not improbable that he would have obtained the settlement of a salary during his admi- nistiation, if it had not been, in effect, a settlement for his successors also, for such a precedent could not easily have been resisted. The two parties which had long subsisted in the government were vying, each with the other, in measures for an expedient or accommodation. The prerogative men were Mr. Belcher's old friends, who were pretty well satisfied that his going over to the other side was not from any real affection to the cause, and that he must, sooner or later, differ with those who adhered to it, and for this event 'they waited patiently. The other party, by whose interest he had been sent to Eng- land, adhered to him, expecting their reward. Ac- cordingly, Mr. Cooke was soon appointed a justice of the common pleas for the county of Suffolk. To make way for him and another favourite, Colonel Byfield, to whom Mr. Belcher was allied, two gen- tlemen, Colonel Hutchinson and Colonel Dudley, were displaced. They were both in principle steady friends to government, and the first of them was a fast friend to the governor. Mr. Belcher would not have been able to advance so many of his friends as he did, if he had not persuaded the council that, upon the appointment of a new governor, it was ne- cessary to renew all civil commissions. Having ob- tained this point, he took the most convenient time to settle the several counties. Before he settled the county of York, he recommended to the judges a person for clerk of the court. This officer the pro- vince law empowers the judges to appoint. Some of them sent their excuse, being well satisfied with the clerk they had, who was a faithful well approved officer; but the governor let the judges know, if he could not appoint a clerk he could a judge, and ac- cordingly removed those who were not for his pur- pose and appointed, others in their stead. There was an inconsistency in delaying appointments, with the principles he advanced. If new commissions were necessary, they were necessary immediately, and they might as well be delayed seven years as one. It was said that when Mr. Belcher, some years after, was ordered by the king to remove his son-in- law, Mr. Lyde, from the naval office, the power of appointment to which office is, by act of parliament, given to the governor, he was advised to make an excuse, Mr. Lyde being an officer who gave general satisfaction ; but Mr. Belcher replied, that although the king could not make a naval officer yet he could make a governor, and he was forced to give up his son-in-law. This was the first instance of an ap- pointment made by the crown immediately to this office, and perhaps to any office in the province, the nomination to which is, by the charier and royal com- mission, left to the judgment and discretion of the governor. The commissions to civil officers being in the king's name and tested by the governor, the renewal of such commissions upon the appointment of a go- vernor has not been practised since Mr. Belcher's time. It was proposed in council by his successor, but. Mr. Read, a very eminent lawyer, and which is more, a person of great integrity and firmness of mind, being then a member of the council, brought such arguments against the practice, that the ma- jority of the board refused to consent to it. Besides this general new appointment, Mr. Belcher, in the course of his administration, made more frequent removals of persons from office than any governor before or since. This was owing to the pusillani- mity of the council. No appointment can be made without their advice. The governor, it is true, could refuse his consent, every year, to their election ; but the emoluments of a Massachusetts counsellor were very small, and caused no great temptation to sa- crifice virtue. It is said, that one of the judges of the superior court expecting to be removed, in the latter part of Mr. Belcher's administration, applied by a friend in England to lord chief justice Willes, who signified his resolution, that if any judge should be removed without good reason assigned, he would himself complain to his majesty against the governor. The freedom and independence of the judges of England is always enumerated among the excellen- cies of the constitution. The Massachusetts judges were far from independent. In Mr. Belcher's ad- ministration, they were peculiarly dependent upon the governor. Before and since they were depend- ent upon the assembly for their salary, granted an- nually, which sometimes was delayed, sometimes di- minished, and rarely escaped being a subject of debate and altercation. (1731.) Two or three sessions passed, when little more was done on the governor's part, than repeat- ing his demand for a fixed salary, and intimating that he should be obliged to go to England and render an account of their behaviour to the king. The major part of the house were very desirous of giving satisfaction to the governor and to their constituents both, but could not. Mr. Cooke's friends in the town of Boston began to be jealous of him. A bill was prepared, which sets forth in the preamble, that settling a salary would deprive the people of their rights as Englishmen. After granting 3400/., which was about equal to 1000/. sterling, it is further enacted, that as his majesty had been graciously pleased to appoint J. B., Esq. to be the governor, who was a native of the country, whose fortune was here, who, when a member of the council, as well as when in a private station, has always consulted the true interest of his country as well as the honour and dignity of the crown, therefore, it is most so- lemnly promised and engaged to his most excellent majesty, that there shall be granted the like sum for the like purpose, at the beginning of the sessions in May every year during the governor's continuance in the administration and residence within the pro- vince ; provided, this act shall not be pleaded as a precedent, or binding on any future assembly, for fixing a salary on any succeeding governor. The bill is in Mr. Cooke's hand writing, and it is minuted at the bottom, that the governor approved of it. The governor could not imagine so evasive a thing eould be approved in England. He might hope to im- prove it, as being a further advance than had oeen before made ; and, by using this argument, that it UNITED STATES would be much more rational for the house to do what they now had fully in their power to do, osed by Massachusetts, was rejected because of a ias from their tiade, religion, &c., which New rlampshire was afraid of. The place for the meet- ng of commissioners was Hampton in New Hamp- ,hire, the 1st of August. The commissioners from Nova Scotia, with some >f Rhode Island, met at the time appointed, and were afterwards joined by Mr. Livingstone, from tfew York, who presided. After many weeks spent n hearing the parties and examining their evidence, ;he only doubt in the commissioners minds was, whether the Massachusetts new charter comprehend- ed the whole of the old colony. Not being able to satisfy themselves, and perhaps not being unwilling to avoid the determination, they agreed to make a special judgment or decree, the substance of which was, that if the charter of William and Mary grants to the Massachusetts-bay, all the lands granted by the charter of Charles the First, they then adjudga a curve line to begin three miles north of the mouth of the river, and to keep the same distance from the river as far as the crotch or parting at Pemigewasset arid Winepesiaukee, and then to run west towards the south sea until it meets with his majesty's other governments; but if the charter of William and Mary did not contain &c., then they adjudge a west line to begin at the same place three miles north of the mouth and to run to the south sea. This point in doubt they submitted to his majesty's royal plea- sure. The Massachusetts were sure of their cause. It was impossible, they thought, consistent with com- mon sense, that the point in doubt should be deter- mined against them. They thought it safest how- ever to send to England a special agent, Edmund Quincy, Esq., one of the council, who had been one of the court's agents before the commissioners. He was joined with Mr. Wilks, and Mr. Belcher by his interest prevailed upon the assembly to add a third, his wife's brother, Richard Partridge. Exceptions, called an appeal, were offered to the judgment of the commissioners. Mr. Quincy died of the small pox by inoculation soon after his arrival in London, the other two knew little or nothing of the controversy. The commissioner, however, had rendered it as diffi- cult to determine a line against the Massachusetts as if they had given a general judgment in their favour. The New Hampshire agent and solicitor thought of no expedient. In their brief they pray the lords committee to report " that all the lands lying to the northward of Merrimack river, which were granted by the charter of King Charles the First to the late colony of the Massacusetts bay. are not granted to the present province of the Massa- chusetts-bay by the charter of King William and Queen Mary." This never could have been done. At the hearing, it was thought proper to lay aside all regard to the judgment of the commissioners, and to proceed upon an entirely new plan. No doubt was made that the old colony was all included in the new province. The question was, what were 358 THE HISTORY OF AMERICA. the northern bounds of the colony of Massachusetts- bay, which the council of Plimouth when they sold the territory to the patentees, and the king when he granted the jurisdiction, had in contemplation. This, it was said, must be a line three miles north of a river not fully explored, but whose general course was supposed to be east and west. So far therefore as it afterwards appeared that the river kept this course, so far it was equitable the line should con- tinue; but, as on the one hand, if the river had altered its course and turned to the south, it would have been inequitable to have reduced the grant to a very small tract, so on the other hand, when it ap- peared to turn to the north it was inequitable to ex tend the grant and make a very large territory, and therefore defeat other grants made about the same time. The grant to Sir Henry Roswell and others, was March the 19th, 1627. That to Mason, was November 7th, 1619, and was to extend sixty miles from the sea. But the river Merrimack turning to the north after about thirty miles from the sea, if the Massachusetts bounds had continued three miles distant from the river to the crotch, it would com- prehend more than half of Mason's grant. It was therefore determined that the northern boundaries of Massachusetts-bay, should be a line three miles from the river as far as Pan tucket-falls, then to run W. 10 dog. N. until it meets New York line. The Massachusetts thought themselves aggrieved. They submitted the controversy to commissioners to be appointed by the crown, and had been fully heard. The whole proceedings of the commission- ers were set aside, and without any notice to the government, the controversy was determined by a committee of council, upon a new point on which their agent had never been instructed. And how- ever there might be the appearance of equity in the principle upon which their lordships proceeded, yet the Massachusetts supposed, if their possession for one hundred years, together with the determination of the king in council, in 1677, and the acquiescence of all parties in this determination for about fifty years had been urged and duly weighed, the balance upon the sole principle of equity would have been in their favour. It increased their mortification to find that they had lost by this new line several hundred thousand acres more than the utmost claim ever made by New Hampshire ; for Merrimack river from the mouth to Pantucket-falls tending to the south, it made a difference of four or five miles in breadth, the whole length of the line, between a line to run west from Pantucket falls, and a line west from the black rocks. The dispute about the bounds of the province of Main, which lies on the other side New Hampshire, was .upon the construction of the word north-west- ward. The Massachusetts urged, that it was the evident design of the grantors of the province of Main, to describe a territory about 120 miles square. At that day, this was probably the reputed distance from Newichawannock or Piscataqua river to Ken- nebeck, along the sea coast, the general course of which was north-east and south-west ; after going up the two rivers to the heads, the lines were to run north-westward until 120 miles were finished, and then a line back parallel to the line upon the sea. The agents for New Hampshire, at the court of commissioners, insisted that every body understooc north-westward to be north a little, perhaps less than a quarter of a point west. It not being possible to think of any reason for a line to run upon tha course, the Massachusetts could scarce suppose the ^ew Hampshire agents to be serious, and imagined he commissioners would need no other reply, than hat every body understood a line running westward o be a line from east to west; and by the same rule >f construction, they supposed north-westward to be 'rom south-east to north-west : that north-eastward )eing explained in the same grant to be as the coast ay, proved in fact to be from south-west to north- east. They were, however, surprised with the de- ermination of the commissioners, that northwest- yard intended north two degrees west. Why not me degree or three degrees, as well as two ? From ;his part of the judgment the Massachusetts ap- lealed. The agents in England obtained the cele- Doctor Halley's opinion, in writing under his hand, hat in the language and understanding of mathe- maticians, a line to run north-westward is a line to run north-west; but this opinion did not prevail, and the judgment of the commissioners upon this joint was confirmed by his majesty in council. It behoved Mr. Belcher, the governor of both pro- vinces, to carry an even hand. It happened, that ;he general court of the Massachusetts, whilst it sat at Salisbury on the occasion of this controversy, made him a grant of 800/. currency, in considera- ;ion of the deficiency of their former grants, for hia salary and his extraordinary expense and trouble in ttending the court at a distance from his house and family. Soon after this grant he adjourned the ge- neral courts of both provinces, in order to their de- termining whether to abide by the result of the com- missioners or to appeal from it; but the court of New Hampshire was adjourned to a day or two after the Massachusetts court, and it was said they were prevented entering the appeal within the time li- mited. He did not care that either assembly should do any business when he was absent, and therefore intended first to finish the Massachusetts business, and immediately after proceed to New Hampshire. This afforded matter of complaint from that pro- vince, which Mr. Belcher was called upon to answer, and it was determined the complaint was well founded ; and it being urged that the 800/. was in- tended as a bribe to influence him to this measure, the Massachusetts thought their own honour con- cerned, and joined with him in his defence, which perhaps increased the suspicion of guilt and hastened his removal. That we may finish what relates to the controversy between the two provinces, we must take notice of the conduct of the Massachusetts upon receiving his majesty's order in council. The lines, by the order, were to be run by two surveyors, one on the part of each province ; but if either province refused, the other was to proceed ex parte. New Hampshire, whose highest expectations were exceed- ed, proposed to join, but were refused by the Massa- chusetts ; and thereupon appointed surveyors to run the lines of the Massachusetts and province of Main ex parte. Both lines were complained of as being run favourably for New Hampshire : that of the pro- vince of Main is a subject of new controversy, it having been suggested that the surveyor mistook the main branch of the river Newichewanock, which, if he had pursued, would have made five or six miles in breadth to the advantage of Massachusetts. This refusal to join, proceeded from the feeble irresolute state of the minds of the house of representatives. Unwilling by any act of their own to express their submission to whac they called an unequal decree, they ran the risk of its being carried into execution still more unequally ; and yet succeeding houses, by a subsequent long continued passive submission, as UNITED STATES. 359 effectually subjected the province as if it had been explicitly acknowledged at first. After the controversy about the governor's salary and the supply of the treasury was finished, there seemed to be a general disposition to rest, and we hear little of a party in opposition to the governor for several years together. Whilst the controversy with New Hampshire was depending, all of every party engaged in defence of the right of the pro- vince. Besides, Mr. Cooke, who had been many years at the head of the popular party, was worn out with service ; and having been some time in a de- clining state, died in the fall of the year 1737, and the town of Boston was so far from an apprehension of danger to their liberties, that they chose in his stead Mr. Wheelwright, the commissary-general, who depended upon the governor every year for his approbation after being elected by the council and house, and in 1738, three of the representatives of the town bad the character of friends to government ; but towards the end of the year a great clamour arose against the governor for adhering to his in- struction about paper money, and against the three representatives for their pernicious principles upon the subject of paper money ; and at the town elec- tion for 1739, three others were chosen in their stead, two of them professedly disaffected to the governor and promoters of popular measures, the third, al- though of great integrity, and for that reason de- sirous of a fixed currency, yet in his judgment against reducing the paper money, and a favourer of schemes for preventing its depreciation. Many country towns followed the example of Boston, and it appeared that a majority of the house were of the same principles with the town members. After Mr. Belcher's arrival, the house, as we have observed, had passed a vote for depositing 500/. sterling in the bank of England, to be used as they or their suc- cessors should think proper. This was concurred jn council, and consented to by the governor. This money, it was said, could not be better applied, than in soliciting a relaxation of the governor's instruc- tion concerning paper money ; and Mr. Kilby, one of the Boston representatives, was chosen agent for the house, and a petition was by him presented from the house to his majesty in council, but it had no effect. (1739.) A general dread of drawing in all the paper money without a substitution of any other in- strument of trade in the place of it, disposed a great part of the province to favour what was called the land bank or manufactory scheme, which was began, or rather revived in this year 1739, and produced such great and lasting mischiefs, that a particular re- lation of the rise, progress, and overthrow of it, may be of use to discourage and prevent any attempts of the like nature in future ages. By a strange con- duct in the general court, they had been issuing bills of credit for eight or ten years annually for charges of government, and being willing to ease each present year, they had put off the redemption of the bills as far as they could ; but the governor being restrained by his instruction from going be- yond the year 1741, that year was unreasonably loaded with thirty or forty thousand pounds sterling taxes, which according to the general opinion of the people it was impossible to levy, not only on ac- count of the large sum, but because all the bills in the province were but just sufficient- to pay it, and there was very little silver or gold, which by an act of government was allowed to be paid for taxes as equivalent to the bills. A scheme was laid before thf general court by Mr. Hutchinson, the author of! the History of Massachusetts, then one of the repre- sentatives of Boston, in which it was proposed to borrow in England upon interest, and to import into the province a sum in silver, equal to all the bills then extant, and therewith to redeem them from possessors and furnish a currency for the inhabit- ants, and to repay the silver at distant periods, which would render the burden of taxes tolerable by an equal division on a number of future years, and would prevent the distress of trade by the loss of the only instrument, the bills of credit, without another provided in its place. But this proposal was rejected. One great frailty of human nature, an inability or indisposition to compare a distant though certain inconvenience or distress with a present convenience or delight, is said by some former visitors to that country, to be preva- lent in America, so as to make it one of the distinguishing characteristics. Be that as it may, it is certain that at this time a great number of pri- vate persons alledging that the preceding general court having suffered the province to be brought into distress, from which it was not in the power of their successors to afford relief, the royal instruction being a bar to any future emissions of bills until all that were then extant should be redeemed, resolved to interpose. Royal instructions were no bar to the proceedings of private persons. The project of a bank in the year 1714 was revived (1740). Ths projector of that bank now put himself at the head of seven or eight hundred persons, some few of rank and good estate, but generally of low condition among the plebeians and of small estate, and many of them perhaps insolvent. This notable company were to give credit to 150,000f. lawful money, to be issued in bills, each person being to mortgage a real estate in proportion to the sums he subscribed and took out, or to give bond with two sureties; but per- sonal security was not to be taken for more than 100/. from any one person. Ten directors and a treasurer were to be chosen by the company. Every subscriber or partner was to pay 3 per cent, interest for the sum taken out, and 5 per cent, of the prin- cipal ; and he that did not pay bills, might pay the produce and manufacture of the province at such rates as the directors from time to time should set, and they should commonly pass in lawful money. The pretence was, that by thus furnishing a medium and instrument of trade, not only the inhabitants in general would be better able to procure the province bills of credit for their taxes, but trade, foreign and inland, would revive and flourish. The fate of the project was thought to depend upon the opinion which the general court should form of it. It was necessary, therefore, to have a house of representa- tives well disposed. Besides the eight hundred per- sons subscribers, the needy part of the province in general favoured the scheme. One of their votes will go as far in popular elections, as one of the most opulent. The former are most numerous ; and it appeared, that by far the majority of the represen- tatives for 1740 were subscribers to or favourers of the scheme, and they were long.after distinguished by the name of the land bank house. Men of estates, and the principal merchants in the province, abhorred the project, and refused to receive the bills, but great numbers of shopkeepers, who had lived for a long time before upon the fraud of a depreciating currency, and many small traders, gave credit to the bills. The directors, it was said, by a vote of the company, became traders, and is- sued just what bills they thonght proper, without 360- THE HISTORY OF AMERICA. any fund or security for their ever being redeemed. They purchased every sort of commodity, ever so much a drug, for the sake of pushing off their bills ; and, by one means or other, a large sum, perhaps fifty or sixty thousand pounds, was abroad. To les- sen the temptation to receive the bills, a company of merchants agreed to issue their notes or bills, re- deemable by silver and gold at distant periods, much like the scheme in 1733. and attended with no better effect. The governor exerted himself to blast this fraudulent undertaking, the land bank. Not only such civil and military officers as were directors or partners, but all who received or paid any of the bills, were displaced. The governor negatived the person chosen speaker of the house, being a director of the bank, and afterwards negatived thirteen of the new elected counsellors, who were directors or part- ners in or reputed favourers of the scheme. But all was insufficient to suppress it. Perhaps the major part, in number, of the inhabitants of the province, openly or secretly, were well wishers to it. One of the directors afterwards acknowledged, that although he entered in the company with a view to the public interest, yet when he found what power and influence they had in all public concerns, he was convinced it was more than belonged to them, more than they could make a good use of, and therefore unwarrantable. Many of the most sensible discreet persons in the province saw a general confusion at hand. The authority of parliament to control all public and private persons and proceedings in the colonies was. in that day, questioned by no body. Application was therefore made to parliament for an act to suppress the company, which, notwith- standing the opposition made by their agent, was very easily obtained, and therein it was declared that the act of the 6th of King George the First, chapter the eighteenth, did, does, and shall extend to the colonies and plantations in America. It was said the act of George the First, when it passed, had no relation to America, but another act, twenty years after, gave it a force even from the passing it, which it never could, have had without. This was said to be an instance of the transcendent power of parliament. Although the company was dissolved, yet the act of parliament gave the professors of the bills a right of action against every partner or di- rector for the sums expressed with interest. The company were in amaze. At a general meeting some, it was said, were for running all hazards, al- though the act subjected them to a prsemunire, but the directors had more prudence, and advised them to declare that they considered themselves dissolved, and met only to consult upon some method of re- deeming their bills from the possessors, which every man engaged to endeavour in proportion to his in- terest, and to pay in to the directors, or some of them, to burn or destroy. Had the company issued their bills at the value expressed in the face of them, they would have had no reason to complain of being obliged to redeem them at the same rate, but as this was not the case in general, and many of the pos- sessors of the bills had acquired them for half their value, as expressed, equity could not be done, and, so far as respected the company, perhaps the parliament was not very anxious, the loss they sus- tained being but a just penalty for their unwarrant- able undertaking if it had been properly applied. Had not the parliament interposed, the province would have been in the utmost confusion, and the authority of government entirely in the land bank company. Whilst Mr. Belcher, by his vigorous opposition to the land bank, was rendering himself obnoxious to one half the people of the province, measures were pursuing in England for his removal from the government. Besides the attempts which we have mentioned from New Hampshire, which had never been laid aside, there had always been a disaffected party in Massachusetts who had been using what interest they had in England against him. Lord Wilmington, president of the council, the speaker of the house of commons, and Sir Charles Wager, first lord of the admiralty, all had a favourable opi- nion of Mr. Belcher, so had Mr. Holden, who was at the head of the dissenters in England, and all, upon one occasion or another, had appeared for him. The most unfair and indirect measures were used with each of these persons to render Mr. Belcher obnoxious and odious to them. The first instance was several years before this time. A letter was sent to Sir Charles Wager in the name of five per- sons, whose hands were counterfeited, w : ith an insi- nuation that Mr. Belcher encouraged the destruc- tion of the pine trees reserved for masts for the navy, and suffered them to be cut into logs for boards. Calumnies of this kind strike us with more horror than false insinuations in conversation, and perhaps are equally mischievous in their effects. The latter may appear the less criminal because abundantly more common. An anonymous letter was sent to Mr. Holden, but the contents of it declared that it was the letter of many of the principal ministers of New England, who were afraid to publish their names, lest Mr. Belcher should ruin them. The charge against him was a secret undermining the congregational inter- est, in concert with Commissary Price and Doctor Cutler, whilst at the same time he pretended to Mr. Holden and the other dissenters in England to have it much at heart. To remove suspicion of fraud the letter was superscribed in writing, either in imita- tion of Doctor Colman's h;md, a correspondent of Mr. Holden, or, which is more probable, a cover of one of his genuine letters had been taken off by a person of not an unblemished character, to whose care it was committed, and made use of to inclose the spurious one. Truth and right are more fre- quently, in a high degree, violated in political- con- tests and animosities than upon any other occasion. It was well known that nothing would more readily induce a person of so great virtue as the speaker to give up Mr. Belcher than an instance of corruption and bribery. The New Hampshire agents there- fore furnished him with the votes of the Massachu- setts assembly, containing the grant of 8001. and evidence of the adjournment of New Hampshire as- sembly, alledged to be done in consequence, nor was he undeceived until it was too late. Mr. Wilks, the Massachusetts agent, who was in great esteem with Lord Wilmington, and was really a person of a fair upright mind, had prevented any impressions to Mr. Belcher's prejudice, but it un- luckily happened that the land bank company em- ployed Richard Partridge, brother by marriage to Mr. Belcher, as their agent. He had been many years agent for his brother, which fact was well known to his lordship, but, from an expectation of obtaining the sole agency of the province by the in- terest of the prevailing party there, engaged zea- lously in opposing the petitions to the house of commons, and gave out bills at the door of the house. It was said that all Mr. Belcher's opposition to the scheme, in the province, was mere pretence ; had UNITED STATES. 361 he been in earnest, his agent in England would never venture to appear in support of it, and this was improved with Lord Wilmington to induce him to give up Mr. Belcher, and it succeeded. Still the removal was delayed one week after another, two gentlemen from the Massachusetts continually soliciting. At length, it being known that Lord Euston's election for Coventry was dubious, one of these gentlemen undertook to the Duke of Grafton to secure the election, provided Mr. Belcher might im- mediately be removed, and, to accomplish his design, lie represented to Mr. Maltby, a large dealer in Coventry stuffs, and a zealous dissenter, that Mr. Belcher was, with the episcopal clergy, conspiring the ruin of the congregational interest in New Eng- land, and unless he was immediately removed it would be irrecoverably lost ; that the Duke of Graf- ton had promised, if Lord Euston's election could be secured, it should be done; that letters to his friends in Coventry would infallibly secure it, that he could not better employ his interest than in the cause of God and of religion. Maltby swallowed the bait, used all his interest for Lord Euston, the two gentlemen spent three weeks at Coventry, and having succeeded, agreeable to the duke's promise, Mr. Belcher was removed a day or two after their return. This account was given by Mr. Maltby himself, who lamented that he had suffered himself to be so easily imposed on. A few weeks longer delay would have baffled all the schemes. The news arrived of his negativing thir- teen counsellors, and displacing a great number of officers concerned in the land bank, and his zeal and fortitude were highly applauded when it was too late. Certainly, in public employments, no man ought to be condemned from the reports and accu- sations of a party, without a sufficient opportunity given him to exculpate himself, a plantation gover- nor especially, who, be he without guile, or a con- summate politician, will infallibly have a greater or lesser number disaffected to him. Mr. Shirley, successor to Mr. Belcher, was a gen- tleman of Sussex, bred in the law and had been in office in the city, but having prospect of a numerous offspring, was advised to remove to Boston in the Massachusetts, where he had resided six or eight years and acquired a general esteem, and if there must be a change it was said to be as acceptable to have it in his favour as any person whatsoever. His lady was then in London, and had obtained the promise of the collector's place for the port of Boston and would have preferred it to the government, but a strong interest being made for Mr. Frankland, since Sir Henry Frankland, there was no way of providing for both, except by giving the government to Mr. Shirley. The news came to Boston the first week in July. Mr. Shirley was, at Providence in Rhode Island go- vernment, counsel for the Massachusetts before a court of commissioners appointed to settle the line between the two governments. As the records of that time were burnt, we cannot give so particular an account of the proceeding of those commissioners as otherwise might have been. It is certain that for many years past, the only part in controversy be- tween the two governments, was a small gore of land between Attleborough in the Massachusetts and the old township of Providence. A great part of the Massachusetts assembly wished it might be ceded to Rhode Island, but a few tenacious men, who do no! always regard consequences, influenced a majority against it. Besides a settlement made bv commis- ioners in 1664 or 65, another settlement had been made, or the old one confirmed in 1708; but Rhode [sland, encouraged by the ill success of the Massa- chusetts in the controversy with New Hampshire, ipplied to his majesty to appoint commissioners to ettle the line between the two governments. The consent or submission of the Massachusetts to such appointment was not thought necessary, and if they ld not appear, the commissioners were to pro- ceed ex parte. The Massachusetts assembly thought n-oper to appear by their committee, having no ap- prehensions the controversy would turn, in the judg- ment of the commissioners, upon a point never be- bre relied upon, viz., that the colony of New Pli- mouth -having no charter from the crown, Rhode [sland charter must be the sole rule of determining the boundary, although the patent from the council of Plimouth to Bradford and associates was prior to t. The colony of New Plimouth was a govern- ment de facto, and considered by King Charles as such in his letters and orders to them before and after the grant of Rhode Island charter, and when ;he incorporation was made of New Plimouth with Massachusetts, &c., the natural and legal construc- tion of the province charter seems to be, that it should have relation to the time when the several governments incorporated respectively, in fact, be- came governments, A gentleman of the council of New York had great influence at the board of com- missioners. The argument which had been made use of in former controversies, that Massachusetts was too extensive, and the other governments they were contending with, of which New York was one, were too contracted, was now revived. To the sur- prise of Massachusetts, a line was determined which not only took from them the gore formerly in dis- pute, but the towns of Bristol, Tiverton, and Little Compton, and great part of Swansey, and Barring- ton. All this country was conquered by Massachu- setts and Plimouth from Philip, and to prevent dis- pute, was expressly granted to Plimouth by Charles the Second. An appeal was claimed and allowed to his majesty in council, where, after lying four or five years, the decree of the court of commissioners was confirmed. In the prosecution and defence of this title, it has been said, that some material evi- dence was never produced which would have sup- ported the Massachusetts claim. (1741.) Mr. Shirley found the affairs of the pro- vince in a perplexed state. The treasury was shut and could not be opened without some deviation from the royal instructions, the bills of credit were reduced and nothing substituted as a currency in their stead ; the land bank party carried every point in the house, there seemed to be a necessity of se- curing them ; the great art was to bring them over to his measures, and yet not give in to their mea- sures so as to lose his interest with the rest of the province, and with the ministry in England. Some of the principal of them, who knew their own im- portance, were willing to have some assurance of favour from him, at the same time they engaged to do every thing to serve him. The first step on their part, was the advancement of the governor's salary to the full value of one thousand pounds sterling per annum. This had been most unjustifiably evaded all the latter part of Mr. Belcher's administration, by granting a sum in bills of credit without a due regard to their depreciation. Mr. Kilby, who had been very active for Mr. Shirley's interest, and against Mr. Belcher, in England, was chosen agent for the province in England; and Mr, Wilks, who 3G2 THE HISTORY OF AMERICA. nad been agent the whole of the last administration, was laid aside. Mr. Auchmuty, who had been one of the land bank directors, was joined with Mr. Kilby in the affair of the Rhode Island line. A grant of about 200Z. sterling was made to John Sharpe, Esq., for his account of charge in defend- ing Mr. Belcher against New Hampshire's com- plaint to the king in council. This had been re- peatedly refused in Mr. Belcher's time, which gave great offence to Mr. Sharpe. It was thought extra- ordinary that Mr. Shirley should make it a point with the land bankers that this debt for his prede- cessor should be paid, but to take Mr. Sharpe off from Mr. Belcher and engage him for Mr. Shirley, the friends and solicitors for the latter in England had engaged, that if he was appointed governor Mr. Sharpe's account should be paid. But the grand affair to settle was that of the bills of credit. The instruction was express not to con- sent to any act which should continue the bills be- yond the time fixed for their being brought in. If this was complied with, a tax must have been made for the whole sum extant in that year 1741. This it was said would be a burden that the people would never bear. Mr. Shirley was sensible that the in- tent of his instruction was the prevention of a de- preciating currency. No matter how large a sum in bills was current if their value could be secured. If the spirit ot the instruction could be preserved, an exact conformity to the letter would not be re- quired. Every scheme for fixing the value of the bills had failed. A new project was reported by a committee of the house, and accepted, and after- wards concurred by the council, and consented to by the governor. This was a scheme to establish an ideal measure in all trade and dealings, let the in- strument be what it would. The act which passed the court declared that all contracts should be un- derstood payable in silver at 6s. Sd. the ounce, or gold in proportion. Bills of a new form were issued, 20s. of which expressed in the face of the bill three ounces of silver, and they were to be received ac- cordingly in all public and private payments, with this saving that, if they should depreciate in their value, an addition should be made to all debts, as much as the depreciation from the time of contract to the time of payment. How to ascertain the de- preciation from time to time was the great difficulty in framing the act. To leave it to a common jury would never do. There was some doubt whether a house of representatives would be wholly unbiassed. At length it was agreed that the eldest council, in each county, should meet once a year and ascertain the depreciation. This is said to have been the scheme of Col. Stoddard, of Northampton, a gentle- man of good sense and great virtue, who probably saw the defects, but hoped to substitute a lessei evil in the place of a greater. This at best must have been a very partial cure. It did not prevent the loss from the depreciation ol the bills in those persons' hands through which they were continually passing. All debts, which were contracted and paid between the periods when the value of the bills were fixed annually, could not be affected by such fixing; and unless in debts of long standing, which the debtor could not pay without an action at law, demand was not ordinarily made for depreciation ; and what rendered it of little effect in all other cases, the counsellors appointed to estimate the depreciation, never had firmness enough in at instance to make the full allowance ; but when sil- ver and. exchange had rose 20 per cent or more, an addition was made of four or five only. The popu- .ar cry was against it ; and one year when Nathaniel Hubbard, Esq., the eldest counsellor for the county of Bristol, a gentleman of amiable character, and who filled the several posts he sustained with ap plause, endeavoured to approach nearer to a just al towance than had been made in former years, he felt the resentment of the house, who left him out of the council the next election. In short, the act neither prevented the depreciation of the bills, nor afforded relief in case of it, and was of no other ser- vice than to serve as a warning, when an act passed for the establishing a fixed currency a few years after, to leave nothing to be done by any person or bodies of men, or even future legislatures to give the act its designed effect, but in the act itself to make full provision for its execution in every part. Even this act, which, with its fair appearance, jus- tified Mr. Shirley in departing from his instruction, and afforded a supply of the treasury for the pay- ment of debts and future support of government, could not have been obtained, if he had not pre- vailed with the land bank party, contrary to the in- clinations of many of them, to join in promoting it. He made them return, by consenting to any new elections that were made of any of them into the council, by restoring now and then one and another to the posts they had been deprived of; which, though it was done by degrees, caused many who condemned the land bank and all who were concerned in it, to be very free in their censures upon it. But the great favour they expected, was relief from the severity of the act of parliament. This was to be touched with great tenderness and deli- cacy. Every person concerned was liable to the demands of the possessors of the bills. If large de- mands should be made upon any particular persons, it seemed but just that the rest should contribute their proportion ; but no demand was given by the act to one partner against another in such case. A bill was therefore prepared, with a professed design to carry the act of parliament equitably into execu- tion. Three commissioners were appointed by the bill, with power to tax all who had been concerned in the scheme in proportion to their interest in it, and with the monies thus raised to redeem the com- pany's bills from the possessors ; and after the re- demption of the bills, to make an equitable adjust- ment between the members and the company. Great care was taken to avoid all opposition to the act of parliament ; Mr. Shirley, however, did not think proper to sign the bill until he had sent a copy of it to England, and received directions concerning it. After it had passed both houses, to oblige the prin- cipal bankers, he continued the session of the court by long repeated adjournments many months, and before the expiration of the year gave his consent to the bill. Having thus secured a considerable party in the government, without losing those who had been in opposition to them, he rendered his adminis- tration easy, and geneially obtained from the as- sembly such matters as he recommended to them. From the Spanish war in 1740, a French war was expected every year to follow. Castle William, the key of the province, was not only effectually re- paired, but a new battery of twenty 42-pounders, which takes the name of Shirley battery, was added to the works, with a larger magazine than any be- fore, and a large supply of powder, all at the ex- pense of the province. Th cannon, mortars, shot, and other stores, were the bounty of the crown. The forts upon the frontiers were also put into good UNITED STATES. 363 order, and upon a representation from Mr. Masea- renc, commander in chief at Annapolis, in Nova Scotia, of the defenceless state of that province raid the danger they were in from the enemy, Mr. Shirley, in 1744, prevailed upon the Massachusetts assembly to vote, pay, &c. for 200 men which were sent there, and who were the probable means of saving that country from falling into the enemy's hands. (174*4.) But the great event in this administration was the siege and reduction of Louisburgh. Canso had been surprised and taken by 900 men under Duvivier from Louisburgh, before the war with France- was known at Boston. With another party, Duvivier made an attempt the same summer upon Annapolis, but was disappointed. Many of our vessels had been taken by the French men-of-war and privateers, and carried into Louisbuvgh. The tishermen had no intention to go upon their voyages the next summer, and every branch of trade, it was supposed, must be carried on by vessels under con- voy. It was the general voice, in the fall of the year, that Louisburgh must be taken, but nobody- supposed that the united force of the colonies could take it ; application must be made to his majesty for sea and land forces sufficient for the purpose. As winter approached, it began to be suggested that it was not improbable the place might be surprised or taken by a coup de main, the inhabitants and garri- son being shut up within the walls. Some of the garrison of Canso, who had been prisoners, and who professed to be well acquainted with the fortifications and garrison at Louisburgh, favoured this opinion; and declared, that in winter the snow often lay in drifts or banks against a particular part of the wall, where there were no embrasures nor any cannon mounted ; that the crust would bear a man's weight; and, in that part at least, the walls might be scaled, and perhaps by the help of ladders it would not be difficult in other parts ; that the grand battery, in- tended for defence in case of an attack by sea, would not be capable of long resisting if attacked by land. Mr. Vaughan, who had been a trader at Louisburgh, was very sanguine also that the place might be taken by surprise; and it was generally agreed, that if they should be mistaken, yet it would not be possible for the enemy, who were scant of provisions, to stand a siege until the time the sup plies usually arrive to them from France ; and to prevent any chance vessels from entering, a suffi- cient naval force might be provided to cruize before the harbour. Whilst this was the conversation abroad, Mr. Shirley was diligently enquiring o those persons who had been traders, and of others who had been prisoners there, into the condition o1 the place, the usual time for the arrival of supplies from Europe, the practicability of cruising off the harbour, &c. He had before wrote to the ministry, and represented the necessity of a naval force early in the spring for the preservation of Annapolis. I: this should arrive, he might be able to prevail with the commander to cover our forces with it. Com- modore Warren was with several ships at the Lee- ward islands ; it was possible, when he was ac- quainted with the expedition, he would come with 01 send part of his force to strengthen it. These were the only chances for a naval strength sufficient to cope with a single capital French ship that might be bound to Louisburgh in the spring. The ministry indeed, would by express be immediately acquaintec with the expedition, if engaged in ; but Europe was at too great a distance to expect timely aid from thence. The plan of the expedition was, a Ian orce of 4000 men in small transports to proceed to }anso, and the first favourable opportunity to land it Chapeaurouge bay, with cannon, mortars, ammu- nition and warlike stores, and all other necessaries or carrying on a siege ; and, to prevent a supply of iro vision and stores to the enemy, several vessels vere to cruise off the harbour of Louisburgh, as oon as the season of the year would permit. An estimate was made of all the naval force which could )e procured in this a-nd the neighbouring colonies, he largest vessel not exceeding 20 guns. With his land and sea force, it was sakl there was good chance for success ; and if the men-of-war should arrive, which there was good reason to hope for, .here was all imaginable grounds to depend upon he reduction of the place. (1755.) The general court being sitting the be- ginning of January, the governor sent a message to he two houses, to let them know he had something o communicate to them of very great importance, mt of such a nature that the publishing it might wholly defeat the design, he therefore desired they would lay themselves under an oath of secrecy for such time as each house should think proper. This ;hey did, although it was the first instance in the louse of representatives, without any scruple, and ;hen he communicated to them, his proposed plan of ;he expedition. Many of the members, who bad icard little or nothing of the conversation upon the subject, were struck with amazement at the pro- posal. The undertaking was thought to be vastly LOO great, if there was a rational prospect of success. However, in deference to the recommendation of the governor, a committee of the two houses was appointed to consider the proposal. Here, the pro- posal was for several days deliberated and it was ar- gued, " if Louisburgh be left in the hands of the French, it would prove the Dunkirk of New England; their trade had always been inconsiderable their, fishery was upon the decline, and for several years* past they had bought fish of the English at Canso cheaper than they could catch and cure it them- selves ; both trade and fishery they might well lay aside, and, by privateering, enrich themselves with the spoils of New England ; and, to all these dan- gers, was added that of losing Nova Scotia, which would cause an increase of six or eight thousand enemies in an instant. The garrison of Louisburgh was disaffected, provisions were scant, the works mouldering and decayed, the governor an old man, unskilled in the art of war ; this therefore was the only time for success, another year the place would be impregnable. We had nothing to fear from the forces at Louisburgh, before additional strength could arrive from France they would be forced to surrender. We had, it must be owned, no ships of strength sufficient to match the French men of war, unless, perhaps, a single ship should fall in by her- self, and in that case five or six of ours might be a match for her ; but there was no probability of men of war so early, and it was very probable English men of war from Europe, or the West Indies, would arrive before them. There was always uncertainty in war, a risk must be run, if we failed we should be able to grapple with the disappointment, although we should bear the whole expense, but if we suc- ceeded, not only the coasts of New England would be free from molestation, bat so glorious an acqui- sition would be of the greatest importance to Great Britain, and might give peace to Europe, and wa might depend upon a reimbursement of the whole charge we had been at." 364 THE HISTORY OF AMERICA. On the other hand it was replied, " that we had better suffer in our trade, than by so expensive a measure deprive ourselves of all means of carrying on any future trade ; that we are capable of annoying them in their fishery as much as they could annoy us in ours ; and, in a short time, both sides would be will- ing to leave the fishery unmolested ; that the accounts given of the works and the garrison at Louisburgh could not be depended upon, and it was not credible that any part of the walls should be unguarded and ex- posed to surprise ; that instances of disaffection rising to mutiny were rare, and but few instances were to be met with in history, where such expectation has not failed. The garrison at Louisburgh consisted of regular experienced troops who, though unequal in number, would be more than a match in open field for all the raw unexperienced militia which could be sent from New England ; that twenty crui- zers at that season of the year would not prevent supplies going into the harbour, it being impossible to keep any station for any length of time, and the weather being frequently so thick, that a vessel was not to be discovered at a quarter of a mile's distance ; that there was no room to expect any men of war for the cover of our troops, that if only one sixty gun ship should arrive from France, or the French Islands, she would be more than a match for all the armed vessels we could provide, our transports at Chapeaurouge bay would be every one destroyed, and the army upon Cape Breton obliged to submit to the mercy of the French ; that we should be con- demned in England for engaging in such an affair without their direct approbation, and we should be no where pitied, our misfortunes proceeding from our own rash and wild measures." To these argu- ments were added the uncertainty of raising a suffi- cient number of men, or of being able to procure provisions, warlike stores, and transports, discou- ragement from the season of the year when, fre- quently, for many days together no business could be done out of doors. Money indeed could be fur- nished, or bills of credit in lieu of it, but the infalli- ble consequence would be the sinking the value of the whole currency, to what degree no man could determine, but, probably, in proportion to the sum issued ; and finally, if it should succeed, a general national benefit would be the consequence, in which the benefits of success would be far short of the vast expense of treasure, and perhaps of lives, in obtaining it, and if it failed, such a shock would be given to the province, that half a century would not recover the colony. After mature delibera- tion, a majority of the committee disapproved the proposal, and their report was accepted, and, for a few days, all thoughts of the expedition with the members of the court were laid aside. In th mean time the governor, who wished the proposa had been agreed to, but did not think it proper to press it any farther by message, or by privately urging the members, either directed or encouragec the carrying about a petition, which was signed bj many of the merchants in the town of Boston, bu principally by those of Salem and Marblehead, di rected to the house of representatives, or to the twc houses, praying, for reasons set forth, among others the saving the fishery from ruin, they would recon sider their vote, and agree to the governor's propo sal of an expedition against Louisburgh. A secom committee, appointed upon this petition, reportec in favour of it, and, the 26th of January, their repor came before the house, who spent the day in de bating it, and, at night, a vote was carried in farou f it by a majority of one voice only. Never wa ny affair deliberated upon with greater calmness nd moderation, the governor indeed laid the affair >efore the court, but left the members free to act heir judgment without any solicitation, and there ppeared no other division than what was caused y a real difference in opinion, as to the true interest f the province. The point once settled, there was immediately a nion of both parties in the necessary measures for arrying the design into execution, those who had opposed it before being employed upon committees, and exerting themselves with zeal equal to that of he principal promoters. An embargo was laid upon ;very harbour in the province, and messengers were immediately dispatched to the several governments, as far as Pennsylvania, to entreat an embargo on heir ports, and that they would join in the expedi- ion. All excused themselves from any share in he adventure, except Connecticut, who agreed to aise 500 men, New Hampshire 300, and Rhode island 300. Connecticut and Rhode Island also consented their colony sloops should be employed as cruizers. A small privateer sloop, about 200 tons, a snow of less burden, belonging to Newport, were lired there by the Massachusetts, a new snow, Cap- ;ain Rouse, a ship, Captain Snelling, were taken into the service at Boston, which, with a snow, Captain Smethurst, and a brig, Captain Fletcher, ,hree sloops, Captains Sanders, Donahew, and Bosch, and a ship of twenty guns, purchased on the stocks, Captain Tyng the commodore, made the whole naval force. From the day the vote passed until the place was reduced, a series of favourable incidents contributed to success. They will be obvious enough in the course of the narrative, and will not require being specially remarked. The time for preparing was short. The winter proved so favourable that all sorts of out-door business was carried on as well, and with as great dispatch as at any other season of the year. In the appointment of a general officer, one qualification was considered as essential, that he should be acceptable to the body of the people, the inlistment depended upon this circumstance. It was not easy to find a person, thus qualified, willing to accept the trust : Col. Pepperell, having the offer from the governor, was rather pressed into the ser- vice than voluntarily engaged. Besides a very great landed interest, he was largely concerned in mercan- tile affairs, which must necessarily suffer by his ab- sence, and this being generally known had no small influence, from the example, with inferior officers and even private soldiers, to quit their lesser affairs for a season for the service of their country. Many of the private soldiers were freeholders, and many more sons of wealthy farmers, who could have no other views in consenting to the inlistment of their children than the public interest Mr. Shirley had set his heart so much upon the expedition, that many points were conceded by him which he would not have given up at any other time, and the people of the province submitted to com- pulsory measures from the government, which, at another time, would have been grievous and not very patiently borne. Such officers were nominated by the governor as the people proposed or called for, because they were most likely to inlist men. In- stead of a commissary general, an officer appointed by the governor, a committee of war was chosen by the two houses out of their own members. Nothing further was heard of the royal instruction against UNITED STATES. 36* bills of credit. Such sums as the service called for and to be redeemed at such periods as the house thought proper, were consented to by the governor. It soon appeared that these sums would vastly ex- exceed what had been computed, and many declared that had a right estimate been made, they should never have voted for the expedition, but it was now too late to go back. It was found also, that trans- Sorts and vessels of war could not be engaged un- ?ss the government would become insurers, which although it occasioned no additional expense at first, yet, in case of ill success, would greatly increase the public debt and distress. The committee of war were likewise convinced that a sufficiency of provis- ions, clothing, and warlike stores could not be pro- cured within the province. Whosoever was posess- ed of any of these articles, by an act or order of government, his property was subjected to the com- mittee, who set such price as they judged equitable; and upon refusal to deliver, entered warehouses, cellars, &c., by a warrant for that purpose to the sheriff, and took possession. In the course of the preparation many vessels unexpectedly arrived with more or less of each of these articles, and after all, the army was poorly enough provided. Ten cannon, eighteen pounders, were obtained upon loan, not without difficulty, from New York, otherwise Mr. Shirley himself seemed to doubt whether they could proceed. Some dependence was placed upon can- non from the grand battery, but this was too mani- fest a disposal of the skin before the bear was caught. By force of a general exertion in all orders of men, the armament was ready, and the general, on board the Shirley snow, Captain Rouse, with the trans- ports under her convoy, sailed from Nantasket the 24th of March, and arrived at Canso the 4th oi April. The Massachusetts land forces consisted ol 3,250 men, exclusive of commission officers. The Hampshire forces, 304, including officers, arrived four days before. Connecticut, being 5 16, officers inclusive, did not arrive until the 25th. The deputy governor of the colony, Roger Walcot, had the command, and was the second officer in the army. Rhode Island waited until a better judgment could be made of the event, their 300 not arriving until after the place had surrendered. The 23d of March, an express boat sent to Commodore Warren in the West Indies, returned to Boston. As this was a provincial expe- dition, without orders from England, and as his small squadron had been weakened by the loss of the Weymouth, Mr. Warren excused himself from any concern in the affair. This answer must neces aarily strike a damp into the governor, as well as the general, and Brigadier Waldo then next in command, who were the only persons in the army made privy to it before the fleet sailed. Several of the cruizing vessels had sailed the middle of March, but they could be no protection to the army against two capital ships ; if they intercepted small vessels it was the most that was expected. A blockhouse with eight cannon was built at Canso. Whether some good reason would not have been given for proceeding no further than Canso, if there, had been a dissappointment in the expected junction of men of war from the several quarters to which notice o: the expedition had been sent, may well enough be made a question. Mr. Shirley hoped, if the reduc- tion of Louisburgh was not effected, at least Canso would be regained, Nova Scotia preserved, the French fishery broke up, and the New England anc Newfoundland fisheries restored. But on the 23d of April, to the great joy of the army, arrived a 3anso, the Eltham of forty guns, frem New Eng- and, by order from Mr. Warren, and on the 23d he commodore himself, in the Superb of sixty guns, with the Launceston and Mermaid of forty each, rrived also. This gave great spirits to all who had he succe.ss of the expedition at heart, for although his was not a naval force to enter the harbour or nnoy the forts, yet it was a cover to the army and equal to any expected force from France. It seems hat, in two or three days after the express sailed 'rom the West Indies for Boston, the Hind sloop >rought orders to Mr. Warren, to repair to Boston with what ships could be spared, and to concert measures with Mr. Shirley for his majesty's general ervice in North America. Upon the passage to Boston, the commodore received intelligence that he fleet had sailed for Canso, and meeting with a chooner at sea he sent her to Boston, to acquaint VIr. Shirley that he would proceed to Canso, and, at he same time, sent orders to any ships which might >e in these seas to join him. The Eltham was actu- ally under sail with the mast fleet, when an express lent from Boston with the commodore's orders ar- ived at Portsmouth in New Hampshire, but being bllowed and overtaken by a boat, the captain order- ed his convoy into port again and sailed for Canso. After a short consultation with the general, the men of war sailed to cruize before Louisburgh. The cruizers before this, had intercepted several small vessels bound in there with West India goods and provisions, and had engaged the Renommee, a French ship of thirty-six guns sent from France with dispatches, and who kept a running fight with our vessels for some time, being able with ease to outsail them, and after two or three attempts to enter the harbour, went back to France, to give an ac- count of what had been met with. She fell in with the Connecticut troops, under convoy of their own and the Rhode Island colony sloops, both which she had strength enough to have carried, but after some damage to the Rhode Island sloop, she went her way. The forces landed at Chapeaurouge bay the 30th of April. The transports weie discovered early in the morning from the town, which was the first knowledge of any design against them. The crui- sers had been seen every fair day before the harbour, but these were supposed to be privateers in search after their trading and fishing vessels. The night before, it is said, there was a grand ball at the f jrt, and the company had scarce been asleep, when they were called up by an alarm. Bouladrie, a French officer, was sent with 150 men to oppose the landing, but the general making a feint of landing at one place, drew the detachment there, and this oppor- tunity was taken for lauding 100 men at another place without opposition, although they were soon after attacked by the detachment; six of which were killed on the spot, and about as many more witb Bouladrie their leader, were taken prisoners, the rest fled to the town, or they would soon have fallen into the hands of the men, who were landing fast one upon the back of another. The next morning after they landed, 400 men marched round to the north-east harbour, behind the hills, setting fire to all the houses and store-houses, until they came within a mile of the grand battery. Some of the store-houses having in them pitch, tar, and other combustibles, caused such a thick smoke, that the garrison were unable to discover an enemy, though but a few rods distant ; and, expecting the body of the army upon them, they deserted the fort, having thrown their powder into a well, but leaving 360 THE HISTOUY OF AMERICA. the cannon and shot for the service of the English. A small party, of less than twenty English, first came up to the battery, and discovering no signs of men suspected a plot, and were afraid to enter ; at length, it is said, a Cape Cod Indian went in alone and discovered the state of it to the rest of the party, just as some of the French were relaudiug in order to regain the possession of it. The army found they had near two miles to trans- port their cannon, mortars, shot, &c. through a mo- rass. This must be done by meer dint of labour. Such of the men who had been used to drawing pine trees for masts, and those who had the hardiest and strongest bodies, were employed in this service. Horses and oxen would have been buried in inud, and were of no use. Brigadier Waldo had the com- mand of the grand battery. The French kept firing upon the battery from the" town as well as from the island battery, but to little purpose, the town being near 2000 yards distant, and the island about 1600 A constant fire was kept from the grand battery upor the town with the 42-pounders. This greatly damagec the houses, but caused so great an expense of pow- der, that it was thought advisable to stop and reserve it for the fascine batteries. Five of these were erected; the last the 20th of May, called Tidcomb's battery, with five 42-pounders, which did as grea execution as any. The men knew nothing of regu lar approaches, they took the advantage of the night, and when they heard Mr. Bastide's proposal for zig-zags and epaulements, they made merry wit! the terms and went on, void of art, in their own na tural way. Captain Pierce, a brave officer, standing at one of these batteries, had his bowels shot awa by a cannon ball, and lived just long enough to say "Its hard to die." Whilst our people were thus busy ashore, th men-of-war and other vessels were cruising off th harbour whenever the weather would permit ; am the 18th of May, the Vigilant, a French man-o war of 64 guns, having 560 men on board, and store of all sorts for the garrison, was met by the Mer maid, whom she attacked ; but Captain* Douglas the commander, being of unequal force, suli'ere himself to be chased by her until he drew her und the command of the commodore and the other s\ii\ cruising with him, to whom, or as some say, to th Mermaid, she struck, because she had lirst m with her. This ci-.pture gave great joy to the arim not so much for the addition made to the naval fore as for the disappointment to the enemy. A prop sal had been made a few days before, that the men of-war should anchor in Chapeaurouge bay, and th the marines and as many sailors as could 'be sparec should land and join the army. The Vigilant wou then have got in, and the siege would have bee given over. Affairs were now in such a state, tha the anxiety at Boston was much lessened. It w hoped the army might retreat with safety wheuev it should be determined to give over the siege ; f Bouladrie, who belonged to the town of Louisburg and the Marquis de la Maisonforte, commander the Vigilant, who was well acquainted with the st of the place, when thoy came to Boston were sa guine that it would hold out; but soon after was i ccived the news of a fruitless and perhaps a ras attempt upon the island battery of 400 men, 60 whom were killed, and 116 taken prisoners. T Caesar, Snelling, one of the ships in the provincia service, arrived at Boston with letters from the gen ral, and an application for more men and a furth supply of powder. The Massachusetts agreed, am tually did raise 400 men, and siait all the po\\dci lat could be purchased, and Connecticut raised '200 en, but there were neither men nor powder arrived len the siege was finished. The Princess Mary of 60, and the Hector of 40 uns, unexpectedly had arrived at Boston from ngland, and were immediately sent to join the mmodore, pursuant to his general orders, and ar- ved before Louisburgh the 22d of May. This in- case of naval force occasioned conjectures, some >eing of opinion, that rather than the siege should e raised, the ships would attempt to go in ; but it as generally supposed the hazard would be too jrcat. It was commonly reported that Colonel More, the New Hampshire regiment, offered to go on )oard the Vigilant with his whole regiment and to ead the van, if, in case of success, he might be onfirmed in the command of the ship. He had )een an experienced sea captain, and had a very character. It is certain, an attempt with the lips was not then thought advisable. A new battery bout this time was erected upon the light-house mint, which being well attended by Lieut.-Colonel jrridley of the artillery, did great execution upon ic island battery, silenced many of the guns, and , was expected it would not be long tenable. Soon fter, June 10th, arrived before Louisburgh, the Chester, a 50 gun ship, in consequence of the dU- jatches from Mr. Shirley, with an account of the ex- ledition. The Canterbury and Sunderland, two 60 run ships, sailed with her and arrived the 12th. iere was now a fleet of eleven ships, and it is said o have been determined the ships should make an attack by sea the 18th, while the army did the same >y land. It was not certain that when the day hould come, some sufficient reason would not have >een found for a further delay. Those who give the most favourable accounts of the siege say, " the vest gate was entirely bat down, the wall adjoining very much battered, and a breach made ten feet 'rom the bottom ; the circular battery of 16 cannon, aud the principal one against ships almost ruined ; ,he north-east battery of 17 cannon damaged and he men drove from the guns, and the west flank of ;he king's bastion almost demolished." Others say " the west gate was defaced, and the adjoining cur- tain, with the flank of the king's bastion were much ;iurt, but no practicable breach." Whether a ge- neral storm was really intended upon the Ibth or not, it seems the French expected it from the pre- parations on board the men-of-war, and did not in- -line to stand it; and on the 15th sent a flag of truce to the general, desiring a cessation, that they might consider of articles to be proposed for a capi- tulation. Time was allowed for this purpose until the next morning, when such articles were offered as were rejected by the general and commodore, and others offered to the enemy in their stead, which they accepted of, and hostages were exchanged ; and the next day, the 17th, the city was delivered up. Many of the men had taken colds and many fallen into dysenteries, so that 1500 were taken off from duty at one time ; but the weather proving remarkably fine during the forty-nine days siege, they generally recovered. The day after the surrender the rains began, and continued ten days incessantly, which must have been fatal to many, they having nothing better than the wet ground to lodge on, and their tents, in general, being insufficient to secure them against a single shower, but in the city they found barracks to shelter them. Captain Bennct, in a schooner, was sent immediately to Boston, and ar UNITED STATES. 367 rived with the great news the 3d of July, about one in the morning. The bells of the town were ringing by break of day, and the day and night following were spent in rejoicing. The news flew through the continent. The colonies which declined any share in the expense and hazard, were sensible they were greatly interested in the success. It was al- lowed every where, that if there had been no signal proof of bravery and courage in time of action, there having been only one sally from the town and a few skirmishes with French and Indians from the woods, in all which the Massachusetts behaved well ; yet here was the strongest evidence of a generous noble public spirit, which first induced the under- taking, and of steadiness and firmness of mind in the prosecution of it, the labour, fatigue, and other hardships of the siege, being without parallel in all preceding American affairs. A shade was thrown over the imprudence at first charged upon the New Englauders. Considerate persons among themselves could not, however, avoid gratefully admiring the favour of divine providence in so great a number of remarkable incidents which contributed to this suc- cess. The best use to be made by posterity seems to be, not to depend upon special interpositions of pro- vidence because their ancestors have experienced them ; but to avoid the like imminent dangers, and to weigh the probability and improbability of suc- ceeding in the ordinary course of events. The commodore was willing to carry away a full share of the glory of this action. It was made a question whether the keys of the town should be delivered to him or to the general, and whether the sea or land forces should first enter. The officers of the army say they prevailed. The marines took possession of one or more of the batteries, and some- times the commodore took the keys of the city gates. The command however until orders should arrive from England was to be joint, and a dispute about precedence to be avoided as much as could be. The commodore dispatched Mr. Montague in the Mermaid to England with intelligence, and the general, the day after, sent the Shirley Galley. Cap- tain Rouse. The Mermaid arrived first. It was very happy that disputes arose to no height between sea and land forces during the siege. This has often proved fatal. This expedition having been begun and carried on under a commission from a provincial governor seems to be distinguished from ordinary cases, and to leave less room for dispute. Whether the land or sea force had the greatest share in the acquisition may be judged from the relation of facts. Neither would have succeeded alone. The army, with infinite labour and fatigue to themselves, harrassed and distressed the enemy, and, with per- severance, a few weeks or days longer must have compelled a surrender. It is very doutful whether the ships could have lain long enough before the walls to have carried the place by storm, or whether, notwithstanding the appearance of a design to do it, they would have thought it advisable to attempt it; it is certain they prevented the arrival of the Vigi- lant, took away all hopes of further supply and suc- cour, and it is very probable the fears of a storm aught accelerate the capitulation. The loss by the enemy and sickness did not exceed 101 men. The loss of the Snow, Prince of Orange, belonging to the province, and supposed to be overset, was a heavy blow upon the town of Marble-head, the captain tmd most of the crew belonging to that town, and it is a rare thing for a Marblehead man to die without leaving a widow and a number of children surviving. As it was a time t.f year to expect French vessels from all parts to Louisburgh, the French flag was kept flying to decoy them in. Two East India and and one South sea ship, supposed to be all together of the value of 600,000/. sterling, were taken by the squadron at the mouth of the harbour, into which they would undoubtedly have entered. The army, at first, supposed they had acquired a right to the island of Cape Breton and its dependencies, and, until they were undeceived by Mr. Shirley, were for dividing the territory among the officers and men. With greater colour they might have claimed a share with the men of war in these rich prizes. Some of the officers expected a claim would have been laid in, but means were found to divert it, nor was any part decreed to the vessels of war in the province seivice, except a small sum to the brig Boston packet, Captain Fletcher, who being chased by the south sea ship, led her directly under the command of the guns of one of the men of war. It seemed to be conceded that, as this acquisition was made under the commission of the governor of Mas- sachusetts bay, the exercise of government there appertained to him, until his majesty's pleasure should be known. We know of no precedent in the colonies, except that of the conquest of Nova Scotia in 1690. It was necessary then to admit this prin- ciple, the acquisition could not' otherwise have been retained, Mr. Shirley made a voyage to Louisburgh, took the government upon him, prevailed upon a great part of the army to consent to remain in gar- rison over the winter, or until regiments, which were expected, arrived, engaged that their pay should be increased, and clothing provided, and settled other matters to general satisfaction. Pennsylvania contributed 4000*., New York, 3000/., and New Jersey, 2000/., some in money, others in provisions, for support of the troops. Duvivier had been sent to France the winter of 1744, to solicit a force not to defend Cape Breton, but to conquer Nova Scotia, and accordingly sailed the beginning of July with seven ships of war for that purpose, who were to stop at Louisburgh. This fleet took a prize bound from Boston to London, on board of which was lieut.-governor Clark of New Yerk, and by this means they were informed of the conquest of Louisburgh. and the strong squadron there, otherwise some or all of them would also have probably fallen into the hands of the English. Upon this intelligence they went back to France. Thus Nova Scotia no doubt was saved by the Massachu- setts expedition. There would not have been men of war sufficient to match this squadron. (1746.) The reduction of Louisbuigh by a British colony must have been a surpri/e to Great Britain and to France. It caused very grand plans of American measures for the next year with both pow- ers. Great Britain had in view the reduction of Canada, and the extirpation of the French from the northern continent. France intended the recovery of Louisburgh, the conquest of Nova Scotia, and the destruction of the English sea coast from Nova Scotia to Georgia. Upon the English plan, eight battalions of regular troops, with the provincial forces to be raised in the four New England go- vernments, were to rendezvous at Louisburgh, and, with a squadron under Admiral Warren, were to go up the river Saint Lawrence to Quebec, other pro- vincials from Virginia and the colonies northward, including New York, were to rendezvous at Albany and go across the country to Montreal; the land forces to be under General St. Clair. No province 368 THE HISTORY OP AMERICA. had a certain number assigned, it was expecte there should be at least 5000 in the whole. Th colonies voted to raise men in very unequal propor- tions. New Hampshire 500, Massachusetts, 3,500 Rhode Island, 300, Connecticut, 1000, New York 1,600, New Jersies, 500, Maryland, 300, Virginia 100. Pennsylvania raised 400, though not by an act of government. The whole number was 8,200, The Massachusetts forces were ready to embark by the middle of July, about six weeks after the firs notice. The preparations making at Brest for Ame- rica, were well known in England, and was ordered to block up that harbour. Notwithstanding all the caution used, the Brest squadron slipped out, and sailed to the westward, and it is certain no English squadron followed. Whilst they were impatiently waiting for news of the arrival of the fleet at Louis"- burg, a fisherman went in, some time in August with an account of his being brought-to by four French capital ships not far from Chibucto, that he was required to pilot them there, that as he lay under the stern of one of them he read the word le Terrible, but a fog suddenly rising he made his es- cape. After that some days had passed without any further account, the fisherman's news was generally discredited. It appeared some months after, that these were four ships under M. Conflans, who had escaped an English squadron from Jamaica, and were bound to Chibucto, in order to join the Brest fleet, but after cruizing some time, and meeting with storms and fogs, upon a coast they were unac- quainted with, they returned to France. The beginning of September, vessels arrived at Boston from Hull and Liverpool, with advice that the Brest fleet had sailed, and it was supposed for North America, and from the middle to the latter end of the month, frequent accounts were brought of a great fleet seen to the westward of Newfound- land, which might have been English as likely as French; but on the 28th, an express arrived from Louisburgh with certain advice these ships were the French fleet, which it was affirmed consisted of seventy sail, fourteen of which were capital ships, and that there were twenty smaller men of war, and the rest fire ships, bombs, tenders, and transports for eight thousand troops. The same day a vessel from Jamaica arrived with advice that the four men of war, who had engaged with commodore Mitchell, were intended to join the fleet, and it was now no longer doubted that these were the ships seen by the fishermen, and it was supposed soon after got into Chibucto. England was not more alarmed with the Spanash Armada, in 1588, than Boston and the other North American sea ports were with the ar- rival of this fleet in their neighbourhood. The firmest mind will bend upon the first advice of im- minent danger to its country. Even the great De Witt swooned when he first opened a letter giving intelligence of England's confederating with France to enslave the Dutch, though the next moment he recovered his natural courage and vivacity. Every practicable measure for defence was imme- diately pursued by the authority of the Massachu- setts province, but the main dependance was upon a squadron from England sufficient, in conjunction with the ships then at Louisburgh, to overcome the French. It was impossible the ministry should be ignorant of the sailing of this fleet, and unless they were willing the colonies should be exposed to the ravages of the enemy, it was impossible an English squadron should not be soon after them. This was the general voice, but this dependence failed : how- ever the probability of the arrival of the Massachu- setts squadron was from day to day lessened, the ap- prehensions of danger from the enemy lessened also. At length there was such authentic account of the distresses of the French, that it was not only agreed that Admiral Townsend's ships at Louisburgh were more than a match for them, but it' that should prove otherwise, the utmost they would be able to effect by their grand plan, would be the conquest of Anna- polis and the whole province of Nova "Scotia; and if the winter did not prevent a farther progress, their strength was not sufficient for an attempt uponBoston . The misfortunes of this grand armament are really very remarkable. The loss of Cape Breton filled the French with a spirit of revenge against tbe British colonies. The duke d'Anville, a French nobleman, in whose conrage and conduct great con- fidence was placed, was appointed to the command of the expedition. As early as the beginning of May the fleet was ready to sail, but detained by con- trary winds until the 22d of June, when it left Ro- chelle, and then consisted of eleven ships of the line, thirty smaller vessels from ten to thirty guns, and transport ships with 3,130 land forces commanded by Monsieur Pommeret, a brigadier general. The French of Nova Scotia, it was expected, would join them, and Ramsay, a French officer, with 1,700 Canadians and Indians were actually in arms there ready for their arrival. To this force Conflans with four ships from the West Indians were to be added. It was the 3d of August before the fleet had passed the western Islands. The 24th, they were 300 leagues distant from Nova Scotia, and one of their ships complained so much that they burnt her. The 1st of September, in a violent storm, the Mars, a sixty- four gun ship, was so damaged in her masts and so leaky, that she bore away for the West Indies, and the Alcide, of sixty-four guns, which had also lost aer topmast, was sent to accompany her. The 15th, ihe Ardent, of sixty-four guns, most of her crew seing sick, put back for Brest. The Duke d'Anville, in the Northumberland, ar- rieed at Chibucto the 12th of September, with only one ship of the line, the Renomrnee and three or four of the transports. There he found only one ol" ;he fleet, which had been in three days ; and after waiting three days and finding that only three more, and those transports, had arrived, the 16th, in the morning, he died, the French said of apoplexy, the English that he poisoned himself. In the afternoon, the vice admiral, d'Estournelle, with three or four more of the line came in. Mons. de la Jonquicre, governor of Canada, was aboard the Northumber- land, and had been declared a chief d'escadre after ;he fleet left France, and by this means was next in command to the vice admiral. In a council of war, the 18th, the vice admiral proposed returning to Prance. Four of the capital ships, the Ardent, Caribou, Mars, and Alcide, and the Argonaute fire- hip they were deprived of, there was no news of Conflans and his ships, so that only seven ships of importance remained; more or less of the land forces were on board each of the missing ships, and what -emained were in a very sickly condition. This notion was opposed for seven or eight hours by Jon- quire and others of the council, who supposed, that at least they were in a condition to recover Annapolis and Nova Scotia, after which they might either winter securely at Casco bay, or, at worst, then re- urn to France: the sick men by the constant sup- >ly of fresh provisions from the Acadians, were daily recovering and would be soon fit for service. UNITED STATES. SG9 The motion not prevailing, the vice admiral's spirits were agitated to such a degree as to throw him into a fever attended with a delirium, in which he ima- gined himself among the English, and ran himself through the body. Jonquiere succeeded, who was a man experienced in war, and although above sixty, still more active than either of his predecessors, and the expectations of the fleet and army were much raised. From this time Annapolis seems to have been their chief object. An account, supposed to be authentic, having been received at Boston of the sailing of Admiral Lestock, Mr. Shirley sent an ex- press to Louisburgh to carry the intelligence. The packet boat was taken and carried into Chibucto, which accelerated the sailing of the fleet. Most of the sick had died at Chibucto, and but about one half of their number remained alive'. They sailed the 13th of October, and the 15th, being near Cape Sables, they met with a violent cold storm, which, after some intermission, increased the IGth and 17th and separated the fleet, two of which only, a fifty and a thirty-six gun ship, were discovered from the fort at Annapolis, where the Chester man of war, Capt. Spry, then lay with the Shirley frigate and a small vessel in the service of the board of ordnance, who being discovered by the French to be under sail, they made off, and this was the last of the ex- pedition. The news of the beginning of the mis- fortunes of the French having reached France by some of the returned vessels, two men of war were sent immediately with orders, at all events, to take Annapolis, but the fleet had sailed three or four days before they arrived. Pious men saw the immediate hand of Divine Provi- dence in the protection, or rather rescue, of the British colonies this year, as they had done in mira- culous success of the Cape Breton expedition the former year. When the summer had so far passed as to render it too late to prssecute the expedition against Ca- nada, if the fleet had arrived, Mr. Shirley's enter- prisfng genius led him to project an attempt upon the French fort at Crown-point, with part of the Massachusetts forces, in conjunction with those of the other colonies, but the alarm of the French fleet prevented until it was judged, by some concerned, to be too late. Fifteen hundred of the Massachu- setts men were intended for Nova Scotia, upon the news of Ramsay's appearing there, and 400 actually went there, convoyed by the Chester, and late in the fall an additional number were sent thither. Those posted at Minas were surprised, the first day of January, by a body of French and Indians com- manded by Le Come, a French officer, and, after having 160 of their number killed, wounded, and taken prisoners, the rest capitulated, engaging not to bear arms against the French in Nova Scotia for the term of one year. De Ramsay, with his troops, soon after returned to Canada. The troops raised for the Canada expedition con- tinued in pay until September the next year, 1747. Some of them served for defence of the frontier, the rest were inactive. The inactive prosecution of the war in Europe on both sides indicated peace to be near, which the next year was effected. (1747.) War had been declared in 1744 against the Cape Sable and St. John's Indians, and in 1745 against the Penobscots and Norridgewocks. The frontiers did not escape molestation. They suffered less than in any former wars. The Indians were lessened in number, and having withdrawn to the French frontiers, were sometimes detained for their Hwx OF AMKR. Nos. 47 & 48. defence upon an apprehended invasion, and at other times engaged to be in readiness to join in the great designs against the English. In 1747 (Nov. 17th) there occurred a tumult in the town of Boston equal to any which had preceded it. Mr. Knowles was commodore of a number of men of war then in the harbour of Nantasket. Some of the sailors had deserted. Deserters generally flee to some of the neighbouring ports, where they were out of danger of discovery. The commodore thought it reasonable that Boston should supply him with as many men as he had lost, and sent his boats up to town early in the morning, and surprised not only as many seamen as could be found on board any of the ships, outward bound as well as others, but swept the wharfs also, taking some ship carpenters, apprentices, and labouring land men. However such conduct might be tolerated in Eng- land, it was not to be borne in Boston. The people had not been used to it, and men of all orders re- sented it, but the lower class were beyond measure enraged, and soon assembled with sticks, clubs, pitchmops, &c. They first seized an innocent lieu- tenant, who happened to be ashore upon other busi- ness. -They had then formed no scheme, and the speaker of the house passing by, and assuring them that he knew that the lieutenant had no hand in the press, they suffered him to be led off to a place of safety. The mob increasing, and having received intelligence that several of the commanders were at the governor's house, it was agreed to go and de- mand satisfaction. The house was soon surrounded, and the court, or yard before the house, filled, but many persons of discretion inserted themselves, and prevailed so far as to prevent the mob from enter- ing. Several of the officers had planted themselves at the head of the stair way with loaded carbines, and seemed determined to preserve their liberty or lose their lives. A deputy sheriff attempting to ex- ercise his authority, was seized by the mob, and carried away in triumph, and set in the stocks, which afforded them diversion, and tended to abate their rage, and disposed them to separate and go to dinner. As soon as it was dusk, several thousand people assembled in King-street, below the town house, where the general court was sitting. Stones and brickbats were thrown through the glass into the council chamber. The governor, however, with several gentlemen of the council and house, ventured into the balcony, and, after silence was obtained, the governor, in a well judged speech, expressed his great disapprobation of the impress, and pro- mised his utmost endeavours to obtain the discharge of every one of the inhabitants, and at the same time gently reproved the irregular proceedings both of the forenoon and evening. Other gentlemen also attempted to persuade the people to disperse, and wait to see what steps the general court would take. All was to no purpose. The seizure and restraint of the commanders and other officers who were in town was insisted upon as the only effectual method to procure the release of the inhabitants aboard the ships. It was thought advisable for the governor to withdraw to his house, many of the officers of the militia and other gentlemen attending him. A re- port was raised, that a barge from one of the ships was come to a wharf in the town. The mob flew to seize it, but by mistake took a boat belonging to a Scotch ship, and dragged it, with as much seeming ease through the streets as if it had been in the water, to the governor's house, and prepared 2U 370 THE HISTORY OF AMERICA. to burn it before the house, but from a consideration of the danger of setting the town on fire wore di- verted, and the boat was burnt in a place of less hazard. The next day the governor ordered that the military officers of Boston should cause their companies to be mustered, and to appear in arms, and that a military watch should be kept the suc- ceeding night, but the drummers were interrupted, and the militia refused to appear. The governor did not think it for his honour to remain in town another night, and privately withdrew to the casUe. A number of gentleman who had some intimation of his design, sent a message to him by Colonel Hutch- inson, assuring him they would stand by him in maintaining the authority of government, and re- storing peace and order, but he did not think this sufficient. The governor wrote to Mr. Knowles, representing the confusions occasioned by this extravagant act of his officers, but he refused all terms of accommoda- tion until the commanders and other officers on shore were suffered to go on board their ships, and he threatened to bring up his ships and bombard the town, and some of them coming to sail, caused dif- ferent conjectures of his real intention. Captain Erskine, of the Canterbury, had been seized at the house of Colonel Brinley in Roxbury, and given his parole not to go abroad, and divers inferior officers had been secured. The 17th, 18th, and part of the 19th, the council and house of representatives, sitting in the town, went on with their ordinary business, not willing to interpose lest they should encourage other com- manders of the navy to acts of the like nature, but towards noon of the 19th some of the principal mem- bers of the house began to think more seriously of the dangerous consequence of leaving the governor without support when there was not the least ground of exception to his conduct. Some high spirits in the town began to question whether his retiring should be deemed a desertion or abdication. It was moved to appoint a committee of the two houses, to consider what was proper to be done. This would take time, and was excepted to, and the speaker was desired to draw up such resolves as it was thought necessary the house should immediately agree to, and they were passed by a considerable majority, and made public- " In the house of representatives, Nov. 19, 1747. " Resolved That there has been, and still con tinues, a tumultuous riotous assemblage of armec seamen, servants, negroes, and others in the town of Boston, tending to the destruction of all govern ment and order. " Resolved That it is incumbent on the civi and military officers in the province to exert them selves to the utmost, to discourage and suppress al such tumultuous riotous proceedings whensoeve they may happen. " Resolved That this house will stand by anc support, wkh their lives and estates, his excellency the governor, and the executive part of the govern, ment, in all endeavours for this purpose. " Resolved That this house will exert themselves by all ways and means possible, in redressing such grievances as his majesty's subjects are and hav< been under, which may have been the cause of th< aforesaid tumultuous disorderly assembling together " T. Hutchinson, Speaker." The council passed a vote, ordering that Captain Erskine, and all other officers belonging to his ma ' jesty's ships, should be forthwith set at liberty anc >rotected by the government, which was concurred >y the house. As soon as these votes were known, he tumultuous spirit began to subside. The in- habitants of the town of Boston assembled in town neeting in the afternoon, having been notified o consider, in general, what was proper for them o do upon this occasion ; and notwithstanding it vas urged by many, that all measures to suppress he present spirit in the people would tend to en- tourage the like oppressive acts for the future, yet he contrary party prevailed ; and the town, although hey expressed their sense of the great insult and in- ury by the impress, condemned the tumultuous riotous acts of such as had insulted the governor nd other branches of the legislature, and committed many other heinous offences. The governor, not expecting so favourable a turn, lad wrote to the secretary to prepare orders for the colonels of the regiments of Cambridge, Roxbury, and Milton, and the regiment of horse, to have their officers and men ready to march at an hour's warn- ng to such place of rendezvous as he should direct; but the next day there was an uncommon appear- ance of the militia of the town of Boston, many persons taking their muskets who never carried one upon any other occasion, and the governor was con- ducted to his house with as great parade as when he first assumed the government. The commodore dismissed most, if not all, of the inhabitants who had been impressed, and the squa- dron sailed, to the joy of the rest of the town. By the expedition to Louisburgh, the preparations for the reduction of Canada, and the several sup- plies of men for Nova Scotia, the province had is- sued an immense sum in bills of credit, between two and three millions, according to their denomination in the currency. The greatest part of this sum had been issued, when between five and six hundred pounds was equal to one hundred pounds sterling, and perhaps the real consideration the government received from the inhabitants who gave credit to them, was near four hundred thousand pounds ster- ling ; but by thus multiplying the bills they had so much depreciated, that at the end of the war, eleven or twelve hundred pounds was not equal to more than an hundred pounds sterling, and the whole debt of the province did not much exceed two hun- dred thousand pounds sterling. Thus the people had paid 'two hundred thousand pounds sterling in two or three years, besides a large sum raised by taxes each year, as much as it was supposed the people were able to pay ; but to pay by the depre- ciation of the bills, although infinitely unequal, yet, as they were shifting hands every day, it was almost insensible ; a possessor of a large sum for a few days, not perceiving the difference in their value be- tween the time when he received them, and the time when he parted with them. The apprehension of their depreciation tended to increase it, and occa- sioned a quick circulation; and for some time, even for English goods, which ordinarily sell for the longest credit, nobody pretended to ask credit. They were constantly, however, dying in somebody's hand, though nobody kept them long by them. Business was brisk, men in trade increased their figures, but were sinking the real value of their stock ; and what is worse, by endeavours to shift the loss attending such a pernicious currency from one to another, fraudulent dispositions and habits are acquired, and the morals of the people depreciate with the currency- The government was soliciting for the reimburse- ment of the charge in taking and securing Cap UNITED STATES. 371 Breton ; and by the address, assiduity, and fidelity of William Bollan, Esq., who was one of the agents of the province for that purpose, there was a hope- ful prospect that the full sum, about 180,OOOZ. ster- ling, would be obtained. Some of the ministry thought it sufficient to grant such sum as would redeem the bills issued for the expedition, &c. at their depreciated value, and Mr. Kilby, the other agcnit, seemed to despair of ob- taining more ; but Mr. Bollan, who had an intimate knowledge of our public affairs, set the injustice of this proposal in a clear light, and made it evident that the depreciation of the bills was as effectually a charge borne by the people, as if the same pro- portion of bills had been drawn in by taxes, and re- fused all proposals of accommodation, insisting upon the full value of the bills when issued. Mr. Hutchinson, who was then speaker of the house of representatives, imagined this to be a most favourable opportunity for abolishing bills of credit, the source of so much iniquity, and for establishing a stable currency of silver and gold for the future. About two million two hundred thousand pounds would be outstanding in bills in the year 1749. One hundred and eighty thousand pounds sterling, at eleven for one, which was the lowest rate of ex- change with London for a year or two before, and perhaps the difference was really twelve for one, would redeem nineteen hundred and eighty thousand pounds, which would leave but two hundred and twenty thousand pounds outstanding, it was there- fore proposed, that the sum granted by parliament should be shipped to the province in Spanish milled dollars, and applied for the redemption of the bills as far as it would serve for that purpose, anil that the remainder of the bills should be drawn in by a tax on the year 1749. This would finish the bills. For the future, silver of sterling alloy at 6s. 8d. the ounce, if payment should be made in bullion, or otherwise milled dollars at Gs. each, should be the lawful money of the province, and no person should receive or pay within the province, bills of credit of any of the other governments of New England. This proposal being made to the governor, he ap- proved of it as founded in justice, and tending to promote the real interest of the province ; but he knew the attachment of the people to paper money, and supposed it impracticable. The speaker, how- ever, laid the proposal before the house, where it was received with a smile, and generally thought to be an Utopian project, and rather out of deference to the speaker than from an apprehension of any effect, the house appointed a committee to consider of it. The committee treated it in the same man- ner, bnt reported that the speaker should be desired to bring in a bill for the consideration of the house. When this came to be known abroad, exceptions were taken, and a clamour was raised from every quarter. The major part of the people, in number, were no sufferers by a depreciating currency ; the number of debtors is always more than the number of creditors, and although debts on specialties had allowance made in judgments of court for deprecia- tion of the bills, yet on simple contracts, of which there were ten to one specialty, no allowance was made. Those who were for a fixed currency were divided. Some supposed the bills might be reduced to so small a quantity as to be fixed and stable, and therefore were for redeeming as many by bills of ex- change as should be thought superfluous; others were for putting an end to the bills, but in a gradual way, otherwise it was said a fatal shock would be given to trade. This last was the objection of many men of good sense. Douglass, who had wrote well upon the paper currency, and had been the oracle of the anti-paper party, was among them ; and, as his manner was with all who differed from him, dis- covered as much rancour against the author and pro- moters of this new project, as he had done against the fraudulent contrivers of paper money emissions. The bills it was said had sunk gradually in their value, and as by this means creditors had been de- frauded, it was but reasonable they should rise gra- dually that justice might be done: but the creditors and debtors would not be the same in one instance in a thousand, and where this was uot the case the injury was the same, to oblige any one to pay more as to receive less than was justly due. Others were for exchanging the bills at a lower rate than the then current price of silver. The inhabitants had given credit to the government, when silver was at 30s. the ounce, and ought to be paid accordingly. Two of the representatives of Boston urged their being exchanged at 30s., which would have given a most unreasonable profit to the present possessor, who had taken them at 55s. or 60s. To draw over some of this party concessions were made, and the bills were exchanged at 50s. the ounce, instead of 55s. as was at first proposed. Some of the directors and principal promoters of the land bank scheme, being at this time members of the general court, unexpectedly joined with the party who were for finishing paper money, but the opposition was so great, that after many weeks spent in debating and settling the several parts of the bill, and a whole day's debate at last in a committee of the whole house upon the expediency of passing the bill, as thus settled, it was rejected, and the report of the committee accepted. The house, although upon some occasions excep- tions are taken to motions and proceedings which come before them, as not being in parliamentary form, yet are not strict in conforming to some of the most useful rules of parliament. A bill or motion is not only referred from one session to another, but a bill, after rejecting upon a second or third read- ing, is sometimes taken up and passed suddenly the same session. They have an order of the house, that when any affair has been considered, it shall not be brought before the house again the same session, unless there be as full a house as when it was passed upon. This, if observed, would still be liable to in- convenience, as any designing person might take an opportunity upon a change of faces, the number being as great as before, suddenly to carry any poiut; but even this rule, like many other of what are called standing orders, is too frequently by votes, on particular occasions, dispensed with, which les- sens the dignity of the house. It seems to be of no consequence to the preroga- tive whether the currency of a colony be silver or paper, but the royal instructions from time to time for preventing a depreciating currency, caused merely by a gracious regard to the interest of the people, had generally engaged what was called the country party, in opposition to them and in favour of paper. It was the case at this time. However, the next morning, two of the members of the house zealous adherents to this party, and who had been strong opposers of the bill, came early to the house to wait the coming of the speaker, and in the lobby let him know, that although they were not satisfied with several parts of the bill, yet they were alarmed with the danger to the province from the schemes 2U2 372 THE HISTORY OF AMERICA. of those persons who were fur a gradual reduction of the bills, and by that means, for raising the value of the currency without any provision for the relief of debtors, and therefore they had changed their minds; and if the bill could be brought forward again, they would give their voice for it, and others Who had opposed it would do the same. The speaker who had looked upon any further attempt to be to no purpose, acquainted them that he did not think it proper to dtsire any of the favourers of the bill to move for a reconsideration of it, inasmuch as it had been understood, and agreed in the house the day before, that if upon a full debate had, the bill should be rejected, no further motion should be made about it. As soon as the house met, upon a motion by one of these members seconded by the other, the bill was again brought under consideration, and passed the house as it afterwards did the council, and had the governor's consent. The provision made by this act for the exchange of the bills, and for establishing a silver currency, was altogether conditional, and depended upon a grant of parliament for reimbursement of the charge of the Cape Breton expedition. This being at a dis tance and not absolutely certain, the act had no sudden effect upon the minds of the people, but when the news of the grant arrived, the discontent appeared more visible, and upon the arrival of the money there were some beginnings of tumults, and the authors and promoters of the measure were threatened. The government passed an act with a severe penalty against riobs, and appeared deter- mined to carry the other act for exchanging the bills into execution. The apprehension of a shock to trade proved groundless, the silver took place in- stead of them; a good currency was insensibly sub- stituted in the room of a bad one; and every branch of business was carried on to greater advantage than before. The other governments, especially Con- necticut and Rhode Island, who refused, upon being invited to conform their currency to the Massachu- setts, felt a shock in their trade which they were long iu recovering from. The latter had been the importers, for the Massachusetts, of West India goods for many years, which ceased at once. New Hamp- shire, after some years, revived its business and in- creased the trade in English goods, which formerly had been supplied from the Massachusetts. From the close of the war with France, to the end of Governor Pownall'g administration, in the year 1760. (1749.) The people of Massachusetts Bay were never in a more easy and happy situation, than at the close of the war with France. By the generous reimbursement of the whole charge incurred by the expedition against Cape Breton, the province was set free from a heavy debt, in which it must other- wise have remained involved, and was enabled to exchange a depreciating paper medium, which had long been the sole instrument of trade, for a stable medium of silver and gold ; the advantage whereof, to all branches of their commerce, was evident and excited the envy of the other colonies, in each of which paper was the principal currency. They flattered themselves that Cape Breton would remain subject to Great Britain; and it was a mor- tification to them, that, what they called "their own acquisition," should be restored to France ; but they had nothing to fear from it, so long as peace continued. The French fishery had failed before the war, and whilst the English could catch and cure fish cheaper thati the French, there was uo dangt r of its revival. The Indians upon the frontiers were so reduced, that new settlements were made without danger, which not only caused the territory settled to increase in value, but afforded materials for enlarging the commerce of the province. There was but little subject for controversy in the general assembly. Governor Shirley's administra- tion had been satisfactory to the major part of the people. There was an opposition, but it was not powerful ; perhaps not more powerful than may, ge- nerally, be salutary. During the last seven years, no great change of counsellors had been made at any of the elections, and they were, in general, well affected to the governor. This prosperous state of the province was very much owing to the success of his active, vigorous measures ; of which he wished to give an account ki person, and for that purpose had obtained leave to go to England. He had fur- ther views. Soon after the peace was proclaimed in America, the French discovered a design of en- larging their territory on the back of New York, and of taking fresh possession of the country of Acadia; and it was a common report, that French settlements were begun east of Crown Point. By a hint from the govcinor to some of his friends, the council and house were brought to join in an address, praying him to represent to the king the necessity of building a strong fort near to Crown Point ; and of settling and fortifying a town at Chibucto, or some other harbour in" Nova Scotia. The governor of Canada had written to the Indians upon the eastern frontiers of New England, to dissuade them from a peace with the English, and a copy of the letter had been obtained by Mr. Shirley. The contest about the bounds between the French and English in America, which was, by the treaty, to be left to commissaries, instead of being amicably settled, would probably be increased, and finally de"- cided by the sword. It looked as if the peace could be of no long continuance. At such a time, he thought he could be of more service to himself, and to the public, in England, than in America. He sailed from Boston in September, 1749. Soon after his arrival in England, he was ap- pointed one of the commissaries for settling the Ame rican boundaries. He spent much time in France with little success. The documents produced by the commissaries on each side shewed that, on different occasions, different bounds had been assigned to the territory of Acadia. In the commission to the last French governor before the treaty of Utrecht, Aca- dia was made to extend to the river Kennebeck, and the whole was ceded, by the treaty, to the English. The French commissaries, notwithstanding, refused to agree to so great an extent, and confined Acadia, which they suppose in the treaty intended Nova Scotia, to the peninsula. They 'could no better agree upon the limits of Canada ; and each party urged that their claims were strengthened by the evidence produced on this occasion. When the Indians have taken part in a war with the French, or, by themselves have engaged in war against the English, a formal treaty of peace has al- ways been thought expedient. The necessary preparation for Mr. Shirley's voy- age prevented his attending the treaty in person ; and commissioners were appointed, who met some of the principal Indians, in the character of delegates from the several tribes, at Falmouth in Casco Bay ; and, after several days spent in conference, agreed UNITED STATES. 373 with them upon terms of peace, between the provinces of Massachusetts Bay and New Hampshire, on the one part, and the several tribes of Indians situated be- tween New England and Canada, on the other part. The commissioners from Massachusetts Bay were ThoYnasHutchinson, John Choate, Israel Williams, and James Otis, Esqrs. Sir William Pepperellhad been appointed at the head of the commission, but sailed for England before the treaty took place. Theodore Atkinson and John Downing, Esqrs. were the commissioners from New Hampshire. The Indians began the treaty with an act of plea- santry and good humour. Notice had been given, that they must bring in such English captives as were among them, and particularly a boy whose name was Macfarlaue, and who was taken in the beginning of the war. They apologised for not bringing Macfarlane. and feigned some excuse, pro- mising he should be sent when they returned home. The commissioners shewed great resentment, and insisted upon the delivery of the captive previously to their entering upon the treaty. Some time was spent in altercation. At length an old Sachem rose up, and took one of the handsomest and best dressed young Indians by the hand, and presented him to Mr. Hutchinson, the chairman of the commissioners, as the captive Macfarlane. This increased the re- sentment, and it was thought too serious an affair to be jested with*. The young man then discovered himself, and (having spoken before nothing but In- dian) in the English language, thanked the com- missioners for their kind care in procuring his re- demption. He had so much the appearance of an Indian, not only in his dress, but in his behaviour, and also his complexion, that nobody had any sus- picion to the contrary. He had made himself per- fectly acquainted with their language, and proved serviceable as an interpreter at the French house so long as he lived. The treaty made by Mr. Dummer in 1726, was considered as the basis of this, and the same articles were renewed, those only, which concerned trade, being so explained, as to take away all those pre- tences for discontent, which had been at different times urged by the Indians. This treaty was scarcely finished, when an affair happened which threatened a new war. While the commissioners were at Falmouth, they were in formed that a bad spirit prevailed among many o the common people, of New Hampshire, and of the eastern part of Massachusetts Bay ; that many threatened revenge upon the Indians, notwithstand- ing the peace, for the depredations made during tht war ; and the latter end of November, or beginning of December, ?n Indian was killed, and two others dangerously wounded, by some of the English in habitants of a place called Wiscasset, in the county of York. Two persons, Samuel Ball and Benjamin Ledyte, were committed to prison, and a proclama tion was issued by Mr. Phipps, the lieutenant-go vernor, promising a reward for apprehending a third Obadiah Alby ; all supposed to be concerned in thi murder. Agreeably to the provision in such cas made by the laws of the province, a special cour was summoned, and the persons, or some of them brought upon trial. It was said, that a jury in th county of York, where the inhabitants had suffers so much from the Indians, let the case be ever s plain, would not convict an Englishman of murdc for the death of an Indian. It was, therefore, move in the general assembly, that a law should pass t emrower the judges to summon a jury from anothe otmty, but the motion did not succeed; and though ne or more of the persons were brought upon trial, lere was no conviction. Many good people, at lis time, lamented the disposition, which they lought was discovered, to distinguish between the uilt of killing an Indian, and that of killing an Englishman, as if God had not " made of one blood 11 the nations of men upon tiie face of the earth." The Indians were enraged at the murder ; but by air words and kind deeds, ordered by government, i relieving some distressed families among them, icy were kept quiet ; but, at length, despairing of istice upon the murderers, they resolved to revenge iiemselves upon the public, and made an attempt to urprise Richmond fort, on Kennebeck river. Fail- ng of success, they fell upon the inhabitants near he fort, and made several of them prisoners ; but ere reduced to so small a number as to be inca- able of much mischief ; and, after a short time, tie injury they received was forgotten. (1750.) In the early days of the New England olonies, Massachusetts Bay had, by mere dint of lower, compelled Connecticut and the other colonies, o give way to the decision of the Massachusetts as- embly, in a way that could not well be justified. Connecticut, in its turn, now gave to Massachusetts much greater cause of complaint. When the line between the two colonies was ettled in 1713, it was agreed, that the towns of Woodstock, Somers, Suffieldj and Enfield, though, iccording to that line, they fell within Connecticut, hould remain under the jurisdiction of Massachu- etts Bay, by whose inhabitants they had been set- led ; and an equivalent was given for the property, >y the assignment of an equal quantity of unculti- vated lands in the Massachusetts province. Con- necticut had accepted the equivalent, had made sale of the lands, and had applied the produce to the use if that colony. The inhabitants of the towns thought hemselves happy under the Massachusetts govern- ment, until they felt a greater proportion of burden r rom the charge of the war, than they would have done under Connecticut. At the expiration of the war, a much heavier debt also lay upon Massachu- setts than Connecticut; and the relief from this debt by the grant which was afterwards made by parliament, was then uncertain. The inhabitants, hereupon, made application to the general assembly of Connecticut, and prayed to be received as under that government, and to be protected by them. Con- siderable sums, which had been assessed by the Massachusetts government, remained in arrear, and these they refused to pay. Notice was given by the governor of Connecticut to the governor of Massa- chusetts Bay, of the application, without expressing any resolution on the part of Connecticut to grant, or to refuse their request. It was reasonable to sup- pose that an agreement made with great formality, and conformed to for nearly forty years, would not be violated. The sheriffs and other officers of Mas- sachusetts Bay, were at first opposed by the inhabit- ants of the towns, who resolved to stand upon their defence. The Massachusetts assembly having, but a few years before, succeeded so ill in their contro- versies with New Hampshire and Rhode Island, were more easily disposed to avoid this controversy, fearing that Connecticut also, if the boundary line should be again considered at large, would net only gain the particular territory in dispute, but a larg-e addition to it. They, therefore, did not act with their usual spirit ; but rather faintly went into mea- sures for maintaining their authority. This encou- 374 THE HISTORY OF AMERICA. raged the assembly of Connecticut ; arid it then had been the practice of government to issue bills appeared, that they countenanced the revolt. After for public charges, and to make a tax for the pay- a resolve to receive the towns into their jurisdiction, ment of the sum issued, in future years, into the they proposed to the Massachusetts assembly, that treasury again. The bills being all exchanged by commissioners should be appointed by each govern- the silver imported from England, and provision ment to run the boundary line ; but, in their proposal, made by law, that no bills of credit should ever after had no respect to the settlement made in 1713, pass as money, there was a difficulty in providing which left the towns to Massachusetts Bay. The I money for the immediate service of government, un- proposal in this form, was rejected; but in lieu of til it could be raised by a tax. Few people were, at it, an offer was made to treat upon ways and means, first, inclined to lend to the province, though they in general, for preventing a controversy between were assured of payment in a short time with hr- the two governments. This would not answer the terest. The treasurer, therefore, was ordered to purpose of Connecticut. The settlement in 1713, make payment to the creditors of government in and the equivalent received for the towns, were both promissory notes, payable to the bearer in silver in acknowledged ; but it was urged, that the inhabit- two or three years, with lawful interest. This was ants had an unalienable right to the jurisdiction of really better than any private security; but the peo- Connecticut, by charter, which the legislature of pie, who had seen so much of the bad effects of their Connecticut could not take from them, and which I former paper money, from its depreciation, could the act of the inhabitants in 1713 could not take 1 not consider this as without danger, and the notes from the inhabitants in 1749. No subject affords a I were sold for silver at discount, which continued larger field, not for mere cavils only, but for plausi- I until it was found that the promise made by govern- bility of exception, than that of government. Upon ment was punctually performed. From that time, this feeble pretence, Connecticut supported its claim, the public security was preferred to private, and and kept possession of their jurisdicti the the treasurer's notes were more sought for than towns. It'would, at least, have been decent in the I those of any other person whomsoever. This was Connecticut assembly, to offer to return the equiva- the era of> public credit in Massachusetts Bay. lent which their predecessors had received. Peace being restored, and the Indians upon the The aversion, in the common people, to a silver I frontiers almost extinct, a more extensive view was and gold currency, had occasioned several tumultu- 1 opened for the enlargement of the colony. There ous assemblies in and near the town of Boston. The were many judicious persons, who were content with paper, they said, was not worth hoarding, but silver I the natural increase of the inhabitants, and with an and gold would all fall to the share of men of wealth, extension of the pomaria, only in proportion as the and would either be exported or hoarded up, and no interior parts became crowded, and pressed for en- part of it would go to the labourer, or the lower largement. But there were many others, who were class of people, who must take their pay in goods, or proprietors of large tracts of uncultivated land, which go without. In a short time experience taught afforded no income, and some, who had obtained them, that it was as easy for a frugal industrious grants of land, which, unless cultivated within all- person to obtain silver, as it had been to obtain I rnited time, were to revert to the grantors, paper ; and the prejudice in the town of Boston was I These persons endeavoured to represent the great so much abated, that when a large number of people benefit arising to the community from the speedy from Abingdon, and other towns near to it, came to increase of population ; and, not contented with Boston, expecting to be joined by the like people the natural growth of a colony, which, it was then there, they were hooted at, and insulted by the boys agreed, would double its number every twenty-five andservants,andobligedtoreturnhomedisappointed. years, nor with such additionsasmight.be made The assembly being then sitting, it was thought from other parts of the British dominions, they per- proper to pass an act for preventing riots, upon the suaded the general assembly to countenance and plan cf the act of parliament known by the name of encourage their private endeavours to bring a large the Riot Act, except that the penalty was changed body of foreign protestants into the colony. They from death, to other severe and infamous punishment, were intended not only for the frontiers, both east This was a temporary act, but not suffered to ex- and west, as a barrier ill case of any rupture with pire ; and continued in force until riots took place Indians or French, but some were to be placed to prevent the execution of acts of parliament which within and near the principal sea ports and large \vere deemed grievous, and then it was discontinued, inland towns, to introduce useful manufactures. From an aversion to a silver currency, the body Mr. Waldo, a proprietor of a large tract of land of the people changed in a few months, and took an upon the eastern frontiers, had carried on a corres- aversion to paper, though it had silver as a fund to pondence with Mr. Crelleies, and had, by his means, secure the value of it. A sufficient quantity of I procured many emigrants from Germany, to whom small silver for change could not be procured in I conditional grants had been made by Mr. Waldo. England, when the grant made by parliament was Another person, who seemed to be of more import- sent to America. The assembly, therefore, ordered ance, Mr. Luther, a counsellor of law in Germany, a deposit to remain in the treasury, of three thou- by some means or other, became a correspondent sand pounds in dolla.rs, and issued small paper bills with the general assembly, and they expressed to of different denominations, from one penny to eigh- I him their desire to introduce foreign protestants, teen pence ; and every person, possessed of them to I and signified to him, in general terms, that his as- the amount of one dollar or any larger sum, might sistance to those persons who were entering into exchange the bills at the treasury for silver upon contracts for that purpose, would be kindly received, demand. The whole sum was prepared, but a small Mr. Luther, from this correspondence, considered part only was issued, and scarcely any person would himself as a sort of public person, and proposed receive them in payment, choosing rather a base I many plans, and, probably, was at much pains, and coin imported from Spain, called pistorines, at 20 I some expense, to encourage the emigration. The per cent more than the intrinsic value. I expectations, neither of the emigrants which ar- From ths first introduction of paper money, it I rived, nor of the province, were answered, UNITED STATES. 375 Such as settled upon the frontiers suffered ex- ceedingly, and many died the first winter, for want of necessary lodging, food, and clothing. (1751.) An attempt was made to settle a manu- facturing German town, a few miles from Boston, within the limits of the township of Braintree ; but it never flourished. The private undertakers grew discouraged; the emigrants complained of being disappointed and deserted ; the assembly first slack- ened their correspondence with Mr. Luther, and, after a year or two, ceased answering his frequent letters, which were filled with complaints of neglect, and hard usage. Mr. Phipps, the lieut.-governor, was concerned for the honour of the government, and repeatedly recommended to the assembly a proper notice of Mr. Luther, and a consideration of his service and expense, but without any effect. The house had been brought into the correspond- ence, by the influence of a few persons who deserted the cause, and were under no apparent concern at the reproaches upon government. Some of the members, both of the council and of the house, ear- nestly endeavoured to persuade the general assem- bly to do as a collective body, that, which every individual would in honour have been bound, and perhaps by law might have been compelled, to do ; but they could not prevail. Possession had been taken of the harbour at Chi- bucto in Nova Scotia, by the British government, the year after the peace. A plan was laid for the settlement of a fortified town, by the name of Hali- ia.x, and the plan was vigorously executed; but it appeared that the French were more early in their measures, for, upon the arrival of Governor Corn- wallis at Halifax, he found the French had taken possession of Chignecto, and had erected a fort there, and claimed the river St. John, and all Aca- dia, as far as Penobscot; which must cut oft' Nova Scotia from the rest of the British dominions upon the continent; and that many of the French Acadi- ans, commonly called neutrals, who had acknow- ledged themselves subjects of the crown of Great Britain, ever since the surrender of Acadia to Ni- cholson in 1710, had now declared their revolt, and their adherence to the crown of France. Mr. Corn- wallis wrote, in very pressing terms, to Mr. Phipps for aid ; who recommended to the assembly the measures necessary on their part, to enable him to raise, and transport a proper force to Nova Scotia; but they declined it. Mr. Shirley would have had a better chance of success ; though the assembly urged, as an excuse, that they had enough to do in providing for their own security. The lieut.-governor had, about the same time, re- ceived information, to which he gave full credit, that the French had also taken possession of the river Lechock, within the province of Massachusetts bay, about five leagues east of Penobscot. Gover- nor Clinton, also, wrote from New York, that the governor of Canada was endeavouring to draw over the Indians of the six nations, and urged a meeting of commissioners from the English colonies to counteract him. The possession of Chibucto by the English, was perfectly agreeable to the last treaty, it being a part of the peninsula of Nova Scotia to which the French made no pretence; but Chignecto and the country of the six nations, were the territories in dispute, which, in pursuance of the last treaty, the commis- sioners at Paris were then litigating. Thus, before peace was fully settled, the French engaged in mea- sures which had a direct tendency to renew the war. There was an affair, of some importance to the province, which came under consideration in ths assembly, while Mr. Phipps was in the administration. Many of the province laws had become obsolete; others, by frequent additions and alterations, were perplexed and unintelligible, and had been differ- ently understood and acted upon, at different times, and on different occasions. (1752.) The case had been much the same in Virginia, where the assembly had made a general revisal of their code of laws, except such as were personal, or of a private nature, and had framed, very successfully, a complete and well-digested body, which was well approved of by the government in England. This success was the occasion of an in- struction from the lords justices, the king being in Hanover, to the governor of Massachusetts bay, to recommend to the assembly a like revisal of their laws, to be passed, and sent to England for" the royal approbation. In consequence of a message from the lieut.-go- vernor to the two houses, the council appointed a committee to consider the proposal in conjunction with a committee of the house ; but the house de- clinfid joining; and, though the lieut.-governor re- peated his recommendation, they neglected or refus- ed to comply with it. It was allowed that the laws were deficient, and it was evident that if any laws should be repealed by the assembly, and other provision be made by a new law, and the king should disallow the new law, he would also disallow the repeal, and the old law would remain in force; for the king could not disallow part of a law, and approve of other parts. This was a security for any favourite law, which the people might suspect the king wished they had not approv- ed of. And, then, no new law could be imposed upon them; because no alteration could be made in England, but the whole must be allowed or rejected, as it originated in the province. Many acknow- ledged that there was the appearance of much bene- fit from the proposal, that they could not see any danger. A majority, however, were jealous of a la- tent design. They feared, that in the prosecution of the business, a way would be found to give a new construction to some of their laws, especially some which respected the ecclesiastical part of the consti- tion. It was also a part of the plan, and very ne- cessary, that there should be a clause in every law, suspending the operation of it until the king's plea- sure should be known. A prejudice had long lain upon the minds of the people against such a clause, though it is not easy to conceive of any inconveni- ence which could arise from it; and it was added, that, in the present state of the laws, the people were well satisfied; that the effect of alterations was un- certain, and that, therefore, it was best not to at- tempt them. (1753.) Mr. Phipps's administration was short, and, as that of a lieut.-governor had generally been, quiet. Mr. Shirley arrived in Boston from England, August the 6th, 1753. He made an ill-judged step when he was in France, which he had reason to re- pent of as long as he lived. At the age of three- score, he was captivated with the charms of a young girl, his landlord's daughter in Paris, and married her privately. When he came back to England, he would have concealed his match. Lord Halifax had heard the report, but did not credit it, until some of her let- ters were shewn him, which had been privately taken 376 THE HISTORY OF AMERICA. out of Mr. Shirley's desk, by persons who wished to defeat his design of obtaining a better government, and to oblige him to return to New England. This imprudence lessened him in Lord Halifax's esteem; and, though he had shewn himself to be very capable of his trust of commissary of France, as well as very faithful in the discharge of it, yet, as he failed of success, which more frequently than real merit en- titles to reward, his private fortune was much hurt by his employment. His allowance being 41. only per diem, he used to say, it did not cover his neces- sary expense in that public character. The rumour of his marriage came to New England before his arrival, and some who were not well affected to him, were ready enough to insinuate that his French connexions might induce him to favour the French cause, but his conduct evinced the contrary. He pronounced an accommodation desperate, that the sword must settle the controversy, that it ought to be done without delay, otherwise the French would make themselves too strong for all the force the English could bring against them. A session of the general assembly was held soon after his arrival, September the 5th, in which the two houses politely thanked him for his services during his absence. This was a short session, not intended for the general business of the province. In his speech at opening the next session, on the 4th of December, he set forth at large his services in England and France, which indeed were of ge- neral concern to the British Empire, but they re- spected the colonies, and particularly Massachusetts bay, more than any other parts, and he urged the assembly to make him an adequate consideration. It has always been the expectation of the crown, that the salaries of the governors should be conti- nued to them, whenever they are absent with leave, and that one-half should be allowed to the lieut.-go- vernors or commanders in chief in such absence; but the Massachusetts assembly would never allow a salary to a governor in his absence, and their grants to the lieut. -governors never exceeded, and were often short of^ one-half the usual salary to the go- vernor. The assembly, about three months before Mr. Shirley left the province, had made him a grant of his salary for a year to come ; it seemed, therefore, to be the mind of a great part of the house, not to grant any further salary until nine months had pass- ed after his return; but his friends carried a vote for 1,400Z. lawful money, which was equal to 1,050/. sterling. This was more than they expected, and they wished he would be contented with it; but he delayed giving his assent to the grant, and by re- peated messages, long and argumentative, one fol- lowing on another, urged the increase of the sum ; and insisted on a voyage to Cape Breton, at the re- quest of the assembly 1745, for which a grant was made by the assembly of that day, of 300/. sterling, and which he then declined accepting, lest it should be a prejudice to him in England, from whence he expected a reward adequate to his services, but had been disappointed. The house excused themselves by observing, that if he had taken the grant at that time, it would have been added to the charge of the expedition to Cape Breton, and would have been reimbursed by parliament. He would not allow this to be a proper article of charge. He generally urged the measures which he proposed to the assem- bly, as far as he could without annoying them and putting them out of temper, and no further. He pressed them too hard in this instance, and they sent him an angry message, and not only peremp- torily refused to enlarge the grant, but gave this reason for it, that if his services and their payments since his appointment to the government could be fully stated, the balance would be in their favour. He was hurt by this message, but though he want- ed money, he had other views of more importance than a few hundred pounds, and it would not con- sist with those views to be upon ill terms with the assembly. From the beginning of his administration, until the year before he went to England, he had been constantly employed in projecting and prosecuting plans, offensive or defensive, against the king's ene- mies. At this time it was the general opinion in England and in America, and we must suppose it was his opinion, that the French were engaged in such encroachments as would make a new war un- avoidable, and the longer the encroachments should be permitted, the more difficult it would be to re- move them. A regard, therefore, to the public in- terest, seemed to call upon him to promo. e a war. He had a fair prospect, in this way, of forwarding his private interest. Nine years only had passed since he commenced soldier. He stood forward, however, in the list of colonels in the army ; and in case of war, expected a regiment, and to be made a general officer. He not only urged the necessity of opposing the French, and removing the settle- ments they were making in the controverted terri tory, but he recommended to the Massachusetts assembly to extend their own settlements into such part of this territory, as is included within their charter, that they might be beforehand, and put themselves on the defensive. (1754.) In Acadia, the French had taken pos- session of the Isthmus, near Bay Vert, and had built a fort there, which secured their passage to Quebec without going upon the occasion. They had a blockhouse about thirteen miles distant from this fort, towards Chignecto, and three miles further, they had a large and strong fort, within half a mile of the basin of Chignecto, at the bottom of the bay of Fundy. Up the river St. John's, they had also built two forts, before the peace of Utrecht. These they now repaired and fortified. Of all this, there was undeniable evidence. There was also a rumour, that they had begun a settlement near the river Kennebeck, which is in Massachusetts' province, and so had secured the car- rying place from that river, to the river Chaudiere. It soon obtained credit, though really there was no grounds for it. They had forts upon the back of Virginia, Penn- sylvania, and New York, before the year 1744. The journal of an English trader, who was taken prisoner upon the river Ohio, soon after that war began, mentions his being carried from fort to fort, until he arrived at Quebec, and gives an account of other forts, twenty or thirty miles distant one from the other, between the Ohio and the Mississippi. It is probable, they had built other forts since the last peace ; besides one. which was more inconside- rable than the rest, to which they gave the name of Fort du Quesne, within the colony of Virginia. But a report, that they had built a fort eastward of, and not far distant from Crown Point, which was more alarming to the western part of Massachusetts bay, than any of the rest, was not well founded. Thus stood affairs between the English and French in America, in the beginning of the year 1754, when government in England thought fit to recom- UNITED STATES. 377 mend a convention of delegates from the assemblies of the several colonies, to be held at Albany in the province of New York. The city of Albany is the place where the Indians of the six nations had ge- nerally been treated with, either by the governors of New York, or by governors or commissioners from any other colonies; and as large presents were to be made this year to the Indians, and the French were using every art to bring them over to the interest of France, it was thought proper at such a time, to have the joint council of all the English colonies. Insinuations had been made, that there had not been a fair and full distribution of the former pre- sents to the Indians, and this was said to be one reason why the distribution at this time was ordered to be made by all the colonies, and not left to New York alone, as had been usual. But the principal design of this meeting seems to have been, to unite the colonies in measures for their general defence, and to settle a quota of men and money, whenever they might be necessary against a common enemy. The letter from the secretary of state by order from the king, was directed to the governor of New York, who was required to notify the governors of Virginia, Maryland, Pennsylvania, New Jersey, Massachusetts bay, and New Hampshire, by name, of the time of the meeting, and also to endeavour to prevail on any other colonies to join in the treaty. Virginia, and New Jersey, though expressly named, did not send commissioners. Connecticut and Rhode Island were the only colonies which sent, of those who were not expressly named. This was an assembly the most deserving of respect of any which had been convened in America, whether we consider the colonies which were represented, the rank and characters of the delegates, or the purposes for which it was convened. After " brightening the chain," to use the Indian metaphor, between the British colonies, and the six nations with their confederates, a representation to the king was agreed upon, in which were set forth the unquastionable designs of the French to prevent the colonies from extending their settlements, a line of forts having been erected for this purpose, and many troops transported from France; and the danger the colonies were in, of being driven by the French into the sea, was urged. The commissioners then proceeded to the con- sideration of a plan for the union of the colonies. The king, in his instructions for this convention proposed that a quota should be settled, and that, by acts of the respective assemblies, this should be established as the rule for raising men and monies. The plan for a general union was projected by Ben- jamin Franklin, Esq., one of the commissioners from the province of Pennsylvania, the heads whereo he brought with him. A representation was proposed by delegates from each colony, to be chosen by its assembly. The president was to be appointed by the crown. The delegates to be newly elected once in three years. The president to have a negative upon all acts: the acts were to be sent to England for the king's al- lowance or disallowance; if not disallowed in three years, they were to be considered as if expressly allowed. This assembly was to have power to make peace with, or declare war against the Indians; to tmact laws for the regulation of the Indian trade; to purchase from the Indians, for the crown, such lands as are not within the bounds of any colony, or watch may not be within such bounds, when some of the colonies shall be i-educed to more convenient dimensions ; to grant such lands upon quit- rents, to be paid into the general treasury of the colonies for the purpose of making settlements; to make law* for regulating such settlements, until the king forms them into governments ; to raise and pay soldiers, and to erect forts for the defence of the colonies ; to build ships of war for protection of trade on the ocean, as well as on the lakes; and for these pur- poses to impose and levy such imposts, duties, and taxes as may be just and reasonable. These were he capital parts of the plan. Previously to any debate upon it, a doubt arose, whether an act of parliament was not necessary to establish such an union. The charters and commis- sions by which the powers of government were grant- ed to the colonies, gave no authority to form one general government over the whole. It might be said, if the king could give and grant powers of go- vernment separately to each colony, he could do the like to the whole collectively; but this would be altering the powers given by charter, if a new go- vernment was appointed over the inhabitants for any purposes to which the government by charter was constituted; and, as the power of parliament had not then bean called in question, an act of parlia- ment was judged necessary for removing all excep- tion, and made part of the plan. Some of the delegates had very full powers, while others were limited, and held to make report to their constituents. This plan, therefore, though unani- mously voted, was to be of no fores until confirmed by the several assemblies. Not one of the assemblies from Georgia to New Hampshire, when the report was made by their de- legates, inclined to part with so great a share of power as was to be given to this general government. The plan met with no better fate in England. It was transmitted, with the other proceedings of the convention, to be laid before the king. The conven tion was at an end ; and no notice was afterwards publicly taken of the plan. To erect a general go- vernment over the whole, though in its original for- mation it might be limited to special purposes, was a matter of great importance, and of uncertain con- sequences, men in possession of power being gene- rally inclined to amplify their jurisdiction ; and some of the delegates who agreed to it in Albany, doubted whether it would ever be approved of by the king, the parliament, or any of the American as- semblies. Mr. Shirley seems to have been in favour of an assembly to consist of all the governors of the colo- nies, and a certain number of the council of each colony, with powers to agree upon measures for the defence of the colonies, and to draw upon the trea- sury in England for money necessary to carry such measures into execution ; for the reimbursement whereof, a tax should be laid on each colony by an act of parliament. This plan was communicated by Mr. Shirley to Mr. Franklin, one of the delegates from Pennsylvania, who a few months after the con- vention ended, went to Boston. Mr. Franklin de- fended his own plan, and took exceptions to Mr. Shirley's in several ingenious letters. Upon this occasion, much was said in favour of an exemption of English subjects in the colonies from tax, unless by their representatives, of which they had none in parliament. The restrictions laid by parliament on the commerce of the colonies, were considered a* " secondary" taxes, of which they did not complain, though they had no share in laying, or disposing of 378 THE HISTORY OP AMERICA. tliefn . and the benefit arising to the kingdom from these restrictions, was deemed a full equivalent to what was saved to the colonies, by an exemption from what might be called " primary" taxes, or such as should be laid in another form, and appropriated by parliament. Upon the whole, however, Mr. Franklin concluded in favour of a more intimate union with Great Britain by representatives in par- liament, and he was of opinion that such an union would be very acceptable to the colonies, provided they had a reasonable number of representatives al- lowed them, and that all the old acts of parliament restraining the trade, or cramping the manufactures of the colonies, be at the same time repealed, and the British subjects there be on the same footing, in those respects, with the subjects in Great Britain, till the new parliament, representing the whole, shall think it for the interest of the whole, to re- enact some or all of them : not that he imagined so many representatives would be allowed the colonies, as to have any great weight by their numbers ; but he thought they might be sufficient to occasion those laws to be better and more impartially considered, and perhaps to overcome the private interest of a corporation, or of any particular set of artificers or traders in England. He looked upon the colonies as so many counties gained to Great Britain, and all included in the British empire, which had only extended itself by their means ; and it was of no importance to the general state whether a merchant, a smith, or a hatter, grew rich in Old or New Eng- land, any more than whether an iron manufacturer lived at Birmingham or Sheffield, or both, seeing they were still within its bounds, and their wealth and persons at its command. This correspondence was carried on with great privacy. Mr. Shirley saw that his assembly had no disposition to adopt the Albany plan of union, and he took no public part, but left them to themselves. The representation of the imminent danger to the colonies from the French encroachments, probably accelerated those measures in England which brought on the war with France. While the convention was sitting, and attending principally to the frontiers of the colonies in the western parts, Mr. Shirley was diligently employed in the east, prosecuting a plan for securing the frontiers of Massachusetts Bay. A rumour sometimes obtains credit, because the subject, from the nature of it, is probable. From the rumour of a French settlement between Kenne- beck and Chaudiere, it was urged, that this must be a very fit place for a French settlement; or there would be no such rumour. The Massachusetts assembly was influenced by the friends of the governor, to address him to raise a small army, and to order a detachment to this sup- posed settlement, and, if the rumour should be well founded, to break it up ; and, at all events, to secure by forts the passes from Quebec, for New England, by the way of Kennebeck. The assembly also de- sired him to go into the eastern part of the province, and there to take upon himself the immediate di- rection of the affair. He accordingly made a voy- age from Boston to Falmouth, in Casco Bay, and took with him a quorum of his council, and several principal members of the house, who, having by their advice, been instrumental in promoting his measures, would think themselves bound, upon their return, to promote a sanction of them in the gene- ral assembly. He first held a treaty or conference with the In- dian chiefs at Falmouth, to prevent their being alarmed from fear of hostilities against them ; and then ordered the forces which he had raised, consist- ing of eight hundred men under the command of Mr. John Winslow, who had been a captain in the royal army at the siege of Carthagene, and was on half pay, to the river Kennebeck. There they first built a fort, about three quarters of a mile below Ta- comick falls, and about thirty-seven miles above Richmond fort. This new fort took the name of Halifax, out of respect to the then secretary of state. A number of persons who claimed a tract of land upon this river, under a long dormant and lately re- vived grant from the assembly of New Plymouth, obtained leave from the governor to erect another fort, eighteen miles below the first, at a place called Cushnock. This he called Fort Western, from a gentleman of his acquaintance in Sussex, in England, and in each fort a garrison was placed in the pay of the province. Five hundred men then marched to what was called the carrying-place, and to a pond which they supposed to be half way over it, without finding any marks of French or Indian settiemen ts, made or in- tended to be made ; and then returned to Casco Bay. Thus ended this expedition, which was very ex- pensive ; and though it was, in every part of it. the project of the governor, yet, as it had the appear- ance of originating in the assembly, there was no room for complaint. Besides, it was said by the go- vernor, that the forts built on the Kennebeck, in the vicinity of this carrying-place, would be a check upon the Indians, who, in time of war passed over it. The expense was to no beneficial purpose. Both French and Indians soon ceased from any thoughts of taking: possession of the British territories, and their attention was taken up, in defending themselves against the vigorous measures of their provoked enemies. Soon after governor Shirley's return to Boston from this expedition, in October or November, he received letters from the secretary of state, signify- ing his majesty's pleasure, that in concert with colo- nel Lawrence, lieutenant-governor and commander- in-chief of Nova Scotia, he should take the most proper measures for removing the subjects of the French king from the forts in that province ; arid, in the winter following, lieutenant-colonel Monckton came to Boston, with proposals from colonel Law- rence for raising two thousand men, to be employed in this service. They were to be raised by enlistment, and though they were to be carried out of the province, it must be with their own consent. The charge also of raising, paying, transporting, &c., was to be paid by the crown. It seemed, therefore, that there was no occasion for meeting the general assembly. But the governor knew, that it would much forward the en- listment, if he could give the assembly a favourable opinion of the expedition. In a very long speech, he therefore laboured to set before them the danger to which the whole British interest in America, as he alleged, would be exposed, if these encroachments were suffered to continue ; and that if this critical opportunity should be lost, it would be much more difficult to remove them hereafter. Mr. Shirley had one peculiar advantage for promoting his military schemes in the assembly. Many of the field officers and others who were at Louisburg, and in other ser- vices, the last war, were now members of assembly, and the more readily fell in with his proposals. At this time, the assembly not only acquiesced in the UNITED STATES. governor's proposals, but the members in the several parts of the province encouraged the enlistment, and the proposed number was complete sooner than expected ; and sooner than otherwise it would have been, by assurances that the governor himself would take the command of the whole battalion, and that major-general Winslow would be the next officer ; and Mr. Winslow was made to believe it also. It is not probable that Mr. Monckton, who had the rank of lieutenant-colonel in the army, ever intended to serve under Mr. Winslow, who had only the rank of captain. There was the appearance of discontent, on the part of Mr. Winslow, when colonel Monck- ton's claim to the superior command first transpired. Governor Shirley managed the affair very skilfully. The business of the province would not admit of his leaving it, and, though it was called his regiment, he could not take the command in person. A com- mission for the first battalion was given to Mr. Monckton, and Mr. Winslow was brought, upon such consideration as was thought fit, to be content with the command of the second. The only inconvenience to the province from this expedition, was the loss of the men who enlisted, which increased the difficulty of raising men for further services. For, when the governor had brought the assembly to an acquiescence, and had secured the enlistment, he opened to them a further part of his plan ; which would take both men and money from the province. The rumours of a French fort near to Crown Point, it was now acknowledged, were groundless, but it was certain that there was a rocky eminence, which would command Crown Point fort, and the governor proposed, that whilst the expedition was going on against the French forts in Nova Scotia, which must draw the attention of the French in Quebec, to that province, possession should be taken of this eminence, and a strong fort be erected there, and well garrisoned. This would be a security to the frontiers of the English colonies against the in- roads of French and Indians, and would be a good post from whence parties of English, and Indians in their interest, might issue to make depredations on the French; and, whenever it should be thought proper to make an attempt uponCrown Pointby means of this post such attempt would be much facilitated. The assembly thought favourably of the project. They did not, however, immediately resolve to make provision for the charge which must attend it, but desired the governor to carry it on at the charge of the crown, and gave their opinion, that he would run no risk in it. He, on the other hand, recom- mended to them to raise the money necessary for the purpose, and intimated to them, that they had no more reason now to distrust his majesty's paternal regard, in affording them relief, so far as they should overburden themselves, than they had when they engaged the last war, in the successful expedition against Louisburg. Many members, who would not otherwise have been in favour of the proposal, were made to believe that the charge would be repaid; and a majority of the house came to a resolve, to desire the governor to engage in an attempt to erect a fortress near to the French fort at Crown Point, and to repel and revenge any hostilities which might be offered to his majesty's forces, whilst they should be employed in that service. This they did, in humble trust that his majesty would be graciously pleased to relieve the province from the expense of this undertaking, though at all events, they would not leave the governor to suffer. (1753.) Thus the assembly was brought, expressly to desire the governor to oppose the French by force, if they should interrupt the English; which looks as if he had some doubts whether he did not run a risk of the measures not being approved, and imagined such a desire would be of service to him in England. Although he considered the Massachusetts as the leading colony, yet he designed to engage other. co- lonies to take part with it. Less than five thousand men was deemed insufficient. The Massachusetts assembly resolved to make provision for the pay and subsistence of 1,200. It was proposed, that New Hampshire should raise 600, Rhode Island 400, Connecticut 1,000, and New York 800; and as th governor and Sir William Pepperell had, each of them, been ordered by the king to raise a regiment upon the establishment, it was part of the plan that those regiments should join. New Jersey, it was expected, would make some addition, and Pennsylvania, which scrupled raising men, was desired to contribute to the charge by raising provisions. Commissioners were sent from Massachusetts to each of the other colonies to solicit a junction. The governor was much at a loss for a proper general. Mr. Hutchinson, who had be?n one of the commissioners at Albany, proposed to him Colonel Johnson, one of the council at New York, who was also a commissioner at Albany. Governor Shirley approved of the proposal, but doubted whether the assembly would not dislike his appointing a general who lived in another province. The assembly were brought to acquiesce, by being informed, that no man had so great an influence over the Indians as Colonel Johnson, and that he would, undoubtedly, be the means of bringing several hundred to join in the expedition. The commissions to the general officers then came to be considered. It was a new case, and it was judged necessary that each governor in the colony, where any forces of which the army consisted, were raised, should give commissions to the general offi- cers, and that the regimental commissions for each colony should subject the regiments to such general command. While preparations were making for the expedi- tions to Nova Scotia and Crown Point, General Braddock arrived in Virginia from England, and immediately gave notice to governor Shirley, and to several other governors, to meet him at Annapolis, in Maryland, in order to consult upon measures for his majesty's service. The place was afterwards changed to Alexandria. At this meeting, the expedition to the west, under General Johnson, as well as that to Nova Scotia, under Colonel Monckton, was approved of: and it was determined, that another expedition should be formed against Fort du Quesne, upon the back of Virginia, with a force under General Braddock, consisting of two regiments which he brought with him from England, two independent companies which were posted at New York, and so many pro- vincials, to be raised in the southern colonies, as should amount in the whole to 2,400 men. It was further determined that the two newly raised regi- ments of Shirley and Pepperell, with 500 men raised in New Jersey, and 300, of the 1,200 raised in Mas- sachusetts, and which had been destined for the ex- pedition to Crown Point, should be taken from that service, and employed under governor Shirley, in an attempt to dislodge the French who were posted at Niagara, in a fort there. Thus there were four 380 THE HISTORY OF AMERICA. expeditions on foot at the same time, in three of which the Massachusetts had a share. The success was various. That to Nova Scotia an'swered expectation. The French forts at Beau Sejour were taken; and, thereupon, those at the river St. John were abandoned. That under General Braddock was entirely frus- trated. In marching through the woods, when about ten miles distant from Fort du Quesne, the army was surprised by an attack, on every quarter, from an invisible enemy. A body of French and Indians having been posted, every man behind a tree, at a convenient distance, made a sudden fire upon them, and killed and wounded a great number. They could not see, but they could hear their enemies; and the yells of the savages, which of all noises is the most horrid, added much to the terror with which the army was seized. The fire was returned, but to little purpose. The general was mortally wounded; his secretary, eldest son to Governor Shir- ley, shot through the head. Sir Peter Halkett, and many of the officers were among the slain; Sir John Sinclair, and many others, among the wounded The army retreated under the command of Lieut.- colonel Gage. General Braddock died in the woods soon after the action. His body was buried in the most secret manner, to prevent indignities from the savages, if the place should be discovered by them : and thus ended this unfortunate expedition. There was not the least apprehension of a force in that quarter, equal to that of the English. Much confidence was placed in an experienced English general. All this tended to make the disappointment greater. The main strength of the enemy was expected to oppose the army destined to Crown Point : neither the general, nor the greater part of that army, had ever seen service. Some part of the officers and men had been employed in the last war against Xouisburg. The news of Braddock's defeat might well cause a general despair of Johnson's success. Soon after, letters were received from him by lieut. -governor Phipps, governor Shirley being ab- sent, urging an immediate reinforcement of the army then under his command at or near lake George. He had not only received advice that the strength of the enemy was superior to what had been expect- ed, but his own strength was inferior to what he had been made to believe he might depend upon, when he accepted of the command. It is doubtful whether Mr. Shirley ever intended that the two regiments of regular troops should serve under a provincial gene- ral; but the deduction of the Massachusetts and New Jersey forces he could not have in view. General Johnson was not only disappointed, but was much displeased; and it caused a breach be- tween him and governor Shirley, to whom he sup- posed it to be owing, which was never made up. At best, the issue of this expedition was very doubtful, and every man who had the interest of his country at heart was full of anxiety. Such extraordinary incidents as had given suc- cess beyond all rational probability, to the expedition against Louisburg, and in as wonderful a manner had defeated the expedition under the Duke d'An- ville, it was presumption to expect. - The Massachusetts assembly stood prorogued to the 24th of September. The lieut. -governor was advised to ord^r a special session, by proclamation, on the 5th. There had been no precedent for this in the province. Recourse was had to precedents in parliamentary proceedings. Whci> the Dutch threatened an invasion in 16G7, King Charles II., having prorogued the parliament to October 10th, called, by proclamation, an intermediate session on the 25th of July. The Dutch did what mischief they could, and withdrew their ships. The parlia- ment was again prorogued to the 10th of October, and, as no business was done, there was no room to call in question the validity of any proceedings. The necessity of the case induced Mr Phipps to comply with the advice given him, and the assembly having sat every day, Sunday included, from the, 5th to the 9th, and made provision for raising t\vo thousand men as an additional force, were prorogued to the 10th of October; when it was thought proper, by an act passed for that purpose, to establish all the proceedings of the intermediate session, and sufficient ground for a refusal to obey them, which might be of very bad consequence. On the 15th of September, an express arrived from General Johnson with intelligence which re- lieved the people of Massachusetts bay from their fears. The English army, which had marched near to lake George, formed a camp, which they fortified with the best breast-work the time would admit of, such as trees felled for that purpose. Advice was soon received of an army of French and Indians, upon their march from South bay. Colonel Ephraim Williams, a Massachusetts officer, was ordered to march out with one thousand Eng- lish and two hundred Indians, and to endeavour to ambush the enemy ; but he was met by them sooner than he expected, and fell in the beginning of the action. The men fled back to the camp with great precipitation. Many of them were killed or badly wounded, and those who escaped came to the camp in tumultuous hurry, and struck terror into the whole army. The enemy, which consisted of re- gular troops, militia, and Indians mixed, came on in good order. The English within the camp lay flat upon the ground, until they had received the first fire, which was made at a great distance, and with muskets only, the enemy having no artillery. The cannon from the English camp did no great execution. The baron Dieskau, general of the French army, soon received a wound, whether from the English, or from his own army, is uncertain. It was a for- tunate stroke for the English, as it disabled him for any further service, cooled the ardour of the French, raised the spirits of the English, and caused both French and Indians to retreat, leaving their gc neral a prisoner. In the action, and in their i c treat, it was reported that the enemy lost one thou sand men ; but this was much too large a conipu tation. Of the English, about one hundred and thirty were killed and mortally wounded ; among whom was colonel Titcomb of the Massachusetts, who behaved with great bravery in the expedition against Louisburg. Hendrick also, a Mohawk chief, was slain. He had been influenced by general Johnson to join the English army, at the head of two or three hundred Indians of different tribes. Johnson, it was allowed by all, discovered a firm, steady mind, during the action. He received a shot in one of his thighs, which he complained of as very painful, but not dangerous. The enemy was so much dispirited by the loss of their general, and the garrison left at Crown Point was so weak, that it is probable it would have been an easy acquisition, if an immediate attack had been made ; but the general did not think it advisable. UNITED STATES. 381 This repulse of the enemy caused great rejoicings in the several colonies, and it was represented in the most favourable light in England. The Massachusetts assembly, though they could find no fault with the conduct of the general in the field, or as is related to the common interest with whirh he was intrusted, yet they were not pleased with his distinguishing New York in his correspond- ence ; and, in a message to the lieut.-governor, they desired he would acquaint general Johnson, that, as the Massachusetts province bore the greatest part of the charge and burden of the expedition, it ought to be considered the principal in all respects ; and that all papers and advices of importance ought to be first sent to that province ; and that the French general, and other prisoners of note, ought to be sent to Boston. General Johnson's correspondence was, notwithstanding, principally with the government of New York. Dieskau and the other prisoners were sent there; and it was most convenient for the wounded that they should be sent there also, it being nearest to the army, and the passage to it being by water. Thus arose a coldness between the province and the general, which seemed to give him no great con- cern. All he could expect from the colonies bore no proportion to his expectations from government in England, which were fully answered. The king conferred on him the dignity of a baronet. The parliament made him a grant of 5000J., or rather compelled the colonies to the payment of 5000/., by deducting so much from the sum intended as a re- imbursement to the colonies, and appropriating it to general Johnson's benefit. Massachusetts assembly, by repeated votes, de- clared their sense of the expediency of proceeding upon the expedition without delay; and that, at least, an attempt ought to be made to remove the enemy from Ticonderara, where they had taken post; and commissioners were sent to Albany, and autho- rised to make all necessary provisions for that pur- pose. But it grew late in the year, and the army was disbanded without effecting any thing more than the repelling of an enemy, who, if this expedi- tion had not been formed, would not have come out against the English, or not in this quarter. The other part of the plan of measures for the present year fell short of what was intended. After the consultation at Alexandria, governor Shirley returned to Boston, and having attended an assembly for the election of counsellors, and other ordinary business, he left Boston, and proceeded westward, in order to prepare for the expedition against Niagara. Upon general Braddock's death, the command of the forces devolved upon him. This did not hinder his proceeding to lake Ontario, where he spent the remainder of the summer and the au- tumn in building forts at Oswego; reserving the attempt upon Niagara for the next season. While he was at. Albany, returning to Boston, he received a commission appointing him commander in chief of all his majesty's forces upon the continent of North America. At this moment, he was in his zenith. His friends saw the risk he was running, and wished he had contented himself with his civil station. The affairs of North America called for a general of the first military accomplishments. By his letters from Albany, he recommended to the as- sembly the appointment of commissioners to confer with commissioners from the other colonies upon measures for the further prosecution of the war. But being chagrined at so little effect from the ex- pense of the last year, they received those recom- mendations very coldly, and declined a compliance, alleging, that " securing his majesty's territories is a design which his majesty only is equal to project and execute, and the nation to support; and that it cannot reasonably be expected that these infant plantations should engage as principals in the affair." He went from Albany to New York, where he spent several weeks in consultations with the officers of the army upon the necessary preparations for the measures of the next year ; and did not return to his own government until the middle of winter. The French forts at Beau Sejour, Bay Verte, and the river St. John, in Nova Scotia, had been reco- vered. The state of that province was, notwith- standing, deemed very insecure ; many thousand French inhabitants still continuing in it. They had been admitted by lieut.-governor Armstrong, after that province was reduced in the reign of queen Anne, upon such a sort of oath, as to consider them- selves rather in a neutral state between England and France, than in a subjection to either, and from thence they took the name of French neutrals. Being all Roman catholics, and great bigots, and retaining the French language, they were better affected to France than to England. In civil mat- ters, they had been more indulged by the English than they would have been by' the French, being in a mariner free from taxes ; and a great part of them were so sensible of it, that they wished to avoid taking part on the one side or the other. But the Indians, who were engaged on the part of the French, had constant intercourse with them, their houses being scattered, and where there were any number together to form a village, open to both French and Indians from Canada, without any sort of defence. And it was the general opinion, that, if any attempt should be made by the French to recover the pro- vince of Nova Scotia, the whole body of the Acadi- ans, some from inclination, others from compulsion, would join in the attempt. The coinmander-in-chief of his majesty's ships, then at Halifax, as well as the governor of the pro- vince, supposed that the principle of self-preserva- tion would justify the removal of these Acadians ; and it was determined to take them by surprise, and transport them all, men, women, and children, to the English colonies. A few days before the determina- tion was executed, notice was given to the governors of the several colonies to prepare for their recep- tion. Far the greatest part were accordingly seized by the king's troops, which had remained in the pro- vince, and hurried on board small vessels prepared to receive them, with such part of their household goods as there was room for ; the remainder, with their stock of cattle, the contents of their barns, their farm utensils, and all other moveables, being left behind and never recovered, nor any satisfactioa made for them. In several instances, the husbands who happened to be at a distance from home, were put on board vessels bound to one of the English colonies, and their wives and children on board other vessels, bound to other colonies remote from the first. One of the most sensible of them, describing his case, said, " it was the hardest which had happened since our Saviour was upon earth." About a thousand of them arrived at Boston, just in the beginning of winter, crowded almost to death. No provision was made, in case government should refuse to take them under its care. As it happened, the assembly were sitting when they arrived ; but THE HISTORY OF AMERICA. several days were spent without any determination, and some aged and infirm persons, in danger of perishing, were received on shore in houses provided for them by private persons. At length the assem- bly passed a resolve, that they should all be permitted to land, and that they should be sent to such towns as a committee appointed for that purpose should think fit ; and a law of the province was passed, to authorize justices of the peace, overseers of the poor, &c., to employ them in labour, bind them out to ser- vice, and, in general, provide for their support, in like manner as if they had been indigent inhabit- ants of the province. Favour was shewn to many elderly people among them, and to others who had been in circumstances superior to the rest, and they were allowed support without being held to labour. Many of them went through great hardships, but in general they were treated with humanity. They fared the better, be- cause the towns where they were sent, were to be reimbursed out of the province treasury, and the as- sembly was made to believe that the province would be reimbursed by the crown ; but this expectation failed. It was proposed to them to settle upon some of the unappropriated lands of the province, and to become British subjects, but they refused. They had a strong persuasion, that the French king would never make peace with England, unless they were restored to their estates. A gentleman who was much affected with their sufferings, prepared a re- presentation proper for them to make to the British government, to be signed by the chief of them in behalf of the rest, praying that they might either have leave to return to their estates, or might re- ceive a compensation ; and he offered to put it into the hands of a proper person in England to solicit their cause. They received the proposal thankfully, took the representation to consider of, and, after some days, returned it without having signed it. They were afraid of losing the favour of France, if they should receive or solicit for compensation from England. Despair of the free exercise of their re- ligion, was another bar to every proposal tending to an establishment. The people of New England had more just notions of toleration than their ancestors, and no exception was taken to their prayers in their families, in their own way, which, I believe, they practised in gene- ral, and sometimes they assembled several families together ; but the people would upon no terms have consented to the public exercise of religious worship by Roman catholic priests. A law remained unve- pealed, though it is to be hoped it would never have been executed, which made it a capital offence in such persons to come within the provinco. It was suspected that some such were among them in dis- guise; but it is not probable that auy ventured. One of the most noted families, when they were dis- suaded from removing to Quebec, lest they should suffer more hardship from the French there than they had done from the English, acknowledged they exp'ected it; but they had it not in their power since they left their country, to confess and to be absolved of their sins, and the hazard of dying in such a state, distressed them more than the fear of temporal sufferings. When these unhappy persons despaired of being restored to their own estates, they began to think of a removal to places where they might find priests of their own religion, and other inhabitants of their own language. Many hundreds went from the New England colonies to Hispaniola, where, in less than a year, by far the greatest part died. Others went to Canada, where they were considered as an infe- rior race of Frenchmen, and they were so neglected, that some of them wrote to a gentleman in Boston who had patronised them, that they wished to re- turn. In 1763, Monsieur Bougainville carried se- veral families of them, who had found their way to France, to the Malouines, or Falkland Islands, where they remained but a short time, being turned off by Mr. Byron. Bougainville says, " they are a laborious intelligent set of men, who ought to be dear to France, on account of the inviolate attach- ment they have shewn as honest but unfortunate citizens." Thus they were dispersed through the world, until they were in a manner extinct, the few which remained being mixed with other subjects in different parts of the French dominions. The whole surviving force, employed by the cc- lonies upon the expedition under general Johnson, returned before winter, except six hundred men, which remained to keep post at lake George, where a woodea fort was built, and at another station near Hudson's river, which took the name of fort Edward. These, with some small vessels and a large num- ber of boats on the lake, and works erected by Mr. Shirley at Oswego, where he had placed garrisons, and lodged large magazines of provisions and mili- tary stores, were all the strength of the English upon the western frontiers, at the close of the year 1755. The French had a strong fort at Crown Point, and works at Ticonderaga, another fort at Cataraqui. upon or near lake Ontario, called Fort Frontenac, and another near the falls of Niagara. During Mr. Shirley's absence from his govern- ment, he had held a conference with several Sa- chems of the six nations, and had promised to build forts in the countries of the Onandagoes, Oneidas, and Tuscaroras, and to provide garrisons for and to send men to the Cayugas, to protect and assist them in their husbandry, and he had received assurances from the other two nations, the Senekas and Ma- quas, that they would join him in the spring. The year 1755 was rendered remarkable by an earthquake more violent than any other since the discovery of America. It seems to have been greater in Massachusetts than any other colony. In Boston, many chimneys and walls of houses were much shat- tered, but no house thrown down. A stack of chim- neys, in one large house, was lifted off from the wall of the house, and brought so far upon the roof, that if it had been an inch or two more, that part of the stack which was above the roof must have fallen over, and made a passage through the house to the cellar. At Newport, on Rhode Island, it was less sensibly felt than on the main land near the island : no lives were lost. This was the third remarkable earthquake in New England, since the English ar- rived there. Of the first, in 1638, we have but an imperfect ac- count. The inhabitants were few in number. At the time of the second, in 1727, there was no remembrance nor tradition of the effect of the first upon the minrls of the people. That, in 1727, was accompanied with a most tremendous noise, which greatly increased the terror, from the danger of the shock, which was not greater than this of 1755. Besides, the first great shock was followed by others less violent, the same night : and such smaller shocks were frequently felt for several weeks after. The places of public worship were then crowded, one day after another, in most parts of the country; and a strong and per- manent religious impression was made" upon the UNITED STATES. minds of many people. This, in 1755, had less of that kind of effect. Public fasts were ordered by authority, but the terror was soon over, there being very few repetitions of the shock. A great part of the'people remembered the earthquake in 1727, and there had been other less violent ones in a few years, which made them more familiar, and lessened the apprehension of danger in proportion. (1756.) It was part of the plan for the year 1756, to remove the French from the lakes; and as soon as the governor returned to Boston, he called on his assembly to afford their assistance. They were not in a temper suddenly to hearken to this call. Many of them were not satisfied, that a better use might not have been made of the repulse of the French the last year, than remaining alto- gether on the defensive. Accounts had been re- ceived that General Johnson was expected at Ticon- deroga and Crown Point immediately after Dieskau's defeat, and that, if he had proceeded, both places would have fallen into his hands without defence. At first they desired to be wholly excused: any further charge must ruin them. The treasure and power of France were likely to be employed against the English colonies. They hoped his majesty would graciously afford a sufficient force to oppose so powerful an enemy. The governor, in his reply, said to them, that their furnishing a quota of men for the service of the next year would probably free them from future taxes, as it would remove that enemy which other- wise would make them to be necessary ; and the most likely way to obtain a compensation for what they had already done would be by a further vigo- rous exertion. They assigned a further reason for their non-compliance. They had not been able to borrow money sufficient to pay the charges of the last year, and it was absolutely out of their power to provide for the charge of the next. This objection he obviated too, by an offer to lend the province 30,000^. sterling, out of the monies which had been remitted for the king's troops, and to repay himself out of the grant which it was ex- pected parliament would make to the province for last year's charges; but with this caution, that an act of assembly should pass for levying a tax in the years 1757 and 1758, of 30,000*. sterling, as a collateral security, the act to have no effect if the grant should be before made by parliament. Declarations made to serve political purposes oftentimes will not bear a strict scrutiny. The province was never in better credit than at this time. They could have borrowed enough to pay the charges of the past and present year : but this mode of proceeding induced many members of the assembly to come into the measure. They were made to believe it tended to facilitate the obtaining of a grant from parliament. In this way the assembly was brought to agree to the governor's proposal, and to resolve to make provision " for raising 3,000 men, in order to re- move the encroachments of the French from his majesty's territories at or near Crown Point; in humble confidence, that his majesty will be gra- ciously pleased, hereafter, to give orders for defray- ing the expense of this expedition, and for establish- ing such garrisons as may be needed, in order to maintain the possession of that country." They intimated to the governor, that it would encourage men to enlist, if a gentleman belonging to the pro- vince might have the chief command; and this inti- mation was not disagreeable to him, ^as he could with better grace decline making the offer to Sir William Johnson. Mr. Shirley had formed a plan to raise 3,000 men in Massachusetts bay, as the proportion of that pro- vince to an army of 9,000, to be completed by Con- necticut, New Hampshire, Rhode Island, and New York. Mr. John Winslow, who was second in com- mand the last year at Nova Scotia, was appointed commander-in-chief in this service. It was expected that a proper bounty would soon encourage the whole number to enlist; but the en- listment went on slowly, and an act of assembly passed to make up the deficiency by impressing men out of the militia : but this act was not season- ably executed; for the governor, who left the pro- vince the latter part of April, complains, in a letter of the 25th of May, that there was likely to be a de- ficiency of 500 men; and Winslow urged, not only to make up that number, but to raise an additional force. When the army arrived at Fort Edward, either Ticonderoga and Crown Point had been really made stronger than was expected, or appeared more formidable from some other cause; and men of judgment were under great concern, lest an un- successful attempt should be made by a body of raw, undisciplined militia, and they should be repelled, scattered, and cut to pieces. On the other hand, it was painful to think of losing another year, by the continuance of the army in a state of inactivity. Mr. Shirley had remained at Albany and New York, directing the necessary measures for the king's service upon lake Ontario, completing the armed vessels, whaleboats, batteaus, provisions, and war- like stores, necessary for strengthening Oswego, and carrying on an expedition against the French forts at Cataraqui and Niagara. While at New York in the month of June, he re- ceived despatches from the secretary of state, sig- nifying that it was his majesty's pleasure that he should come to England, in order to his being con- sulted upon measures for carrying on the Avar ; that Lord Loudoun would soon leave England, in order to take the command of his majesty's forces, which, in the mean time, Mr. Shirley was to leave to gene ral Abercrombie. Though this had the appearance of letting him down tenderly, it was a mortifying stroke, and the more so, as it was altogether unex- pected. It seems to have proceeded from a more mature consideration of his want of military know- ledge, and his unfitness for so great a command. He was never charged with want of fidelity ; and the state of his own affairs, after he had quitted the service shewed that he had paid more attention to the public, than to his private fortune. He was obliged to continue at New York many weeks to settle his accounts, which gave him much greater trouble, as the whole affairs of the army had been carried on by agents employed to purchase provi- sions, stores, &c., on the best terms they could, and not by contractors at certain rates. Here he had the further mortification of receiving news of the loss of Oswego, taken by Montcalm, the 14th of August, with all the shipping, stores, &c., of every kind, and of immense value. The garrison were prisoners of war. Colonel Mercer, chief in com- mand, was killed by a cannon ball. Mr. Shirley was charged with not giving a full information of the condition of the place to his suc- cessor in command. He denied the truth of the charge, and attributed the loss of the place to the want of skill, or courage, or both, in those with 384 THE HISTORY OF AMERICA. whom the defence of it was entrusted. Neglect from many, who had been servile courtiers a short time before, convinced him of the truth of the old observation, " that you are to number your friends so long as you continue in prosperity, and no longer." He wished to spend a little time with his family in Boston; but his successor, judging that he should be better able to transact business with the assembly after the governor had left the province, called on him repeatedly, by letters, to embark, and he sailed several weeks sooner than otherwise he would have done. Mr Shirley made no doubt of his return to his government, if he could not obtain a better. Soon after his departure, private letters from England mentioned the high displeasure of the duke of Cum- berland at his conduct, and some mark of it was feared by his friends. Before he arrived, a successor to his government was nominated. Considering how much of his life had been spent in public service, how small his emoluments had been, and especially considering the acquisition of Louisburg, and the preservation of Nova Scotia, in the former war, he seems to have met with hard treatment. He suffered, besides, by the delay in passing his accounts ; and some persons employed under him in the service were great losers, by not having observed the forms required in the army ; though, as he alleged, the whole expense of victualling the army, by his ac- counts, did not exceed four-pence per day for each man ; and the government contract, under his suc- cessor, was at sixpence per day ; the same articles of charge being contained in the first as in the last. There was no inquiry into his conduct. After long solicitations, he obtained the small government of the Bahama islands. When Oswego surrendered to the French, a body of English troops were on their way from Al- bany in order to strengthen the garrison. The French force was represented to be very formidable, and it was expected, would come down to Albany ; but while general Webb was employing the English troops in felling trees to fill up or stop the passage through Wood Creek, general Montcalm took the other route, and went back by the river St. Law- rence, in order to preserve Crown Point and Ticon- tleroga from the army under Winslow. This army consisted of seven or eight thousand men. If it was advisable for them to hBve proceeded at any time this season, it was when the army under Montcalm had marched against Oswego. Just at this time the general command of the forces were changed, and all affairs seemed to be at a stand After Lord Loudoun had received information of the state of the army, and of the force, and success, of the enemy, it is probable that he laid aside all thoughts of acting upon the offensive for that cam- paign ; though he did not make his resolutions pub- lic until October. In the mean time he received intelligence, that the enemy, flushed with success, had arrived at Ticonderoga." He therefore ordered such of the regular forces as could be spared, to join Winslow's army, which it was supposed would be attacked by Montcalm ; and it is probable that the intelligence which was carried by scouting par- ties to Montcalm of this junction, diverted him from his design. As soon as the main body of the ene- my went back to Canada, the provincial army broke up, and returned to the government in which it had been raised. Many had deserted, and more had died, while they lay encamped. Many died upon the road, und many died of the camp distemper after they were at home. The measures of this year were in every part un- successful. When the Massachusetts forces returned, no provision had been made by government for their pay. Three commissioners were appointed to apply to Lord Loudoun at Albany, to enable the govern- ment to Uischarge this debt, but without success, and provision was made by the assembly as usual. Lord Loudoun consulted with the commissioners at Albany, upon the expediency of his meeting the governors, with commissioners from the assemblies of the New England colonies, at Boston, in order to facilitate the measures of the next year ; and in- timated his intention to propose such a meeting. Whatever engagements were jointly made, he sup- posed might be depended on. In former years, when each assembly was left to send what they thought fit, the number had always been short of expectation. (1757.^ Lord Loudoun came soon after to Boston, where, besides Mr. Phipps, lieut governor of Mas- sachusetts, he found Mr. Fitch and Mr. Hopkins, the governors of Connecticut and Rhode Island, and commissioners from each of the assemblies and also from the assembly of New Hampshire. The number of men proposed to be raised by the four governments was four thousand only. This being less than expected, met with no opposition ; but it was as difficult to settle the proportion of each government, as if the number had been much larger. After ten days spent by the commissioners without agreeing, Lord Loudoun proposed to them a propor- tion, in which they acquiesced, and promised to re- commend a compliance to the respective assemblies. Massachusetts, one thousand eight hundred; Con- necticut, one thousand four hundred; Rhode Island, four hundred and fifty; New Hampshire, three hundred and fifty. Respect was had to the force employed by Massachusetts, both by sea and land, exclusive of this force. Lord Loudoun offered to victual the men, and to furnish ammunition and artillery stores, and to ad- mit into the king's hospital those whose cases re- quired it. He would not say where they would be employed, lest the enemy should come to the know- ledge of it; but, as he knew where the assemblies desired they should not be employed, he declared he had no intention to carry them there ; and, as it had been the practice to raise men for one year only, he did not expect to detain them so long as that. These proposals were very agreeable to the com- missioners. The assembly of Massachusetts bay, which was then sitting, discovered a dislike to the demands which had been made by Lord Loudoun, for barrack articles and quarters for the king's troops, when they occasionally came into the province; but it proceeded to no length, and the demands were complied with. Mr. Phipps, the lieut.-governor, rejoiced in the success of this convention. His declining age and health would not admit of his giving close attention to it; but Lord Loudoun facilitated this measure- by application to the commissioners, as a board, and to such of them personally, as had the greatest influ- ence at the board, or in the assemblies. Much re- spect was shewn to his lordship, and there had been, at no time, a fairer prospect of a good harmony be- tween the officers of the crown and the assemblies and people of the colonies, than there was at this time. Although the plan of opera ions for the next year UNITED STATES. 38T> p/as not made public, enough appeared, to make it probable that the principal object was the reduction of Louisburg, by a competent naval force, and the regular troops; and that the provincials, joined to such a number of regulars as should be judged pro- per, were to remain on the defensive, as guards and garrisons for the protection of the frontiers. In all former wars between England and France, the Indians, upon the eastern frontiers, had taken part with the French. The poor creatures had lately been visited with the small pox, which is remarkably fatal to them, and they were reduced to so small a number that the French neglected them: and fear- ing they should irrecoverably lose the territory which remained to them, they desired to continue in peace, and made proposals for renewing the treaty. The lieut.-governor, willing to take the advantage of this pacific disposition, had determined to meet the as- sembly the last of March, but, a few days before the time of meeting he fell sick, and died the 4th of April. It fell to the council to act in a twofold capacity, as governor, and as the second branch of the legis- lature. Not judging it convenient to proceed on a treaty with the Indians, until a governor should ar- rive in the province, and little other business being necessary, after several votes for completing the levies, and an act for laying an embargo on all ves- sels in the several harbours, within the province, the assembly was dissolved. The design of this act was to prevent the discovery of the expedition against Louisburg. A flag of truce from thence was detain- ed at Boston, and the people belonging to her put under confinement. Before the session, in May 1 757, for the election of counsellors, letters came to hand from Mr. Bollan, the province agent in England, informing the coun- cil that the king had been pleased to appoint Thos. Pownall, Esq., to be the governor of the province in the room of Mr. Shirley ; and that the newly ap- pointed governor was to embark for his government by way of Halifax, the next day after the date of the letters. The council, therefore in a speech to the house, recommended to act only upon business of great necessity, and to defer all other matters until the governor's arrival. This was a compliment to the new governor, but did not prevent either house from going on with whatever business came before them as usual. Among other matters, a bill was brought in and passed both houses, for making the district of Dan- vere a town, by which a right would be acquired of sending two members to the general assembly. By the king's instructions to the governor, he was strictly charged to consent to no act for making a new town, unless, by a clause in it, there should be a restraint of this power of sending representatives; and Dan- vers, a few years before, when it had been separated from the town of Salem, was made a district and not a town, because districts had not this power. Every governor and lieut governor had obsei-ved this in- struction; and it was thought by some of the council an ill-judged measure, to concur with the house in passing this bill, as it carried the appearance of in- fluence by the house, on whom they depended for their election. The house had always disliked the instruction, as it prevented the increase of the num- ber of members, which added to the importance of the house. The council should have approved of it, because, as the importance of the house increased, that of the council lessen4 in proportion ; especially in all elections which were made by the joint votes of council and house. In earlier times of the consti- HIST, OF AMER. Nos. 49 & 50. tutiou, when the powers of the governor had devolved upon the council, they had been very scrupulous in maintaining the prerogative in every part, and con- sidered themselves under as strong obligations to adhere to the observance of the royal instruction, as the governor or lieut.-governor. There had not been any instance of a protest in form, in imitation of the practice in the house of lords. Upon this occasion, one of the council desired his dissent might be en- tered, and it stands upon record. " The question, whether the bill entitled an act for erecting the district of Danvers into a township shall be enacted, having passed in the affirmative, I dissent for the following reasons : " First. Because it is the professed design of the bill to give the inhabitants, who now join with tne town of Salem in the choice of representatives, a power of choosing by themselves; and the number of which the house of representatives may at present consist, being full large, the increase must have a tendency to retard the proceedings of the general court, and to increase the burden which, by their long session every year, lies upon the people, and must likewise give the house an undue proportion to the board of the legislature, where many affairs are determined by a joint ballot of the two houses. "Second. Because, there being no governor nor lieut.-governor in the province, it is most agreeable to his majesty's commission to the late governor, to the message of this board to the house, at opening the session, and, in itself, is most reasonable, that all matters of importance should be deferred until there be a governor or lieut.-governor in the chair. "Third. Because the board, by passing this bill, as the second branch of the legislature, necessarily bring it before themselves, as the first branch, for as- sent or refusal; and such members as vote for the bill in one capacity, must give their assent to it in the other, directly against the royal instruction to the governor, when the case is in no degree neces- sary for the public interest; otherwise their doings will be inconsistent and absurd. " Council Chamber, Thomas Hutchinson." June 9, 1757. A bill, receiving the assent of the governor con- trary to the instructions given by the king, it is natural to suppose, would have been disallowed by the king; but the council kept no correspondence by letters with the king's ministers, and this bill, with others, received the royal allowance, probably without being observed to be contrary to the instruc- tions; which would not have been the case, if there had been a governor or lieut.-governor, it having been their constant practice to make their observa- tions upon every act, when sent to England to be laid before the king. The military operations for the year 1757 were carried on upon the plan which had been conjec- tured. The men raised in Massachusetts bay and the other colonies of New England, were posted at Fort William Henry, Fort Edward, and other places on the frontiers, under the command of an'officer of the regular forces. Lord Loudoun with the main body of the regular troops, under the convoy of one fifty-gun ship, one twenty, and two sloops, the whole fleet consisting of ninety sail, and the troops being in number 6,000, left New York the 20th of June, to proceed to Hali- fax. The fleet had lain ready for some time, expect- ing intelligence of the arrival of men of war and transports from England, destined also to Halifax ; but, it growing late, at length sailed without advice. 386 THE HISTORY OF AMERICA, Soon after the news of the sailing of this fleet, in- telligence was brought to Boston, of six French ships of the line and one frigate, seen off Cape Sable ; which filled with anxiety every man who had the public interest at heart, until advice was received of the arrival of the English fleet at Halifax, ten days after it left New York. Admiral Holburne, with the fleet and transports from England, joined those from New York, at Hali- fax, the 9th of July. In this fleet came Mr. Pownall, the newly ap- pointed governor for Massachusetts bay; and from Halifax he proceeded to Boston, where he arrived the 2nd of August. This was his third passage to America. In 1754, when Sir Danvers Osborne came over to the government of New York, Mr. Pownall was in his family, and brought with him, or received soon after, a commission as lieut.-governor of New Jersey, the governor whereof, Mr. Belcher, was old and infirm; and in case of his death, Mr. Pownall would probably have been his successor. With a view to make himself acquainted with the affairs of the colonies, he was present at Albany while the commissioners held their meeting there, and, soon after, made a visit to Massachusetts bay; and Mr. Shirley appointed him, in conjunction with a gen- tleman of the council and another of the house, to solicit the aid of the colonies of Pennsylvania and New York, in carrying on the war. He also accompanied to Alexandria the governors, &c., who met General Braddock at that place. In 1755, he went back to England, and returned to America with Lord Loudoun in 1756, but continued there a few months only. Upon his arrival again in England, he was appointed to succeed Mr. Shirley. He had acquired great knowledge of the geography, history, and polity of the several American colonies, and came into office with many advantages. Great part of the people of the province who had been attached to Mr. Shirley, were, in principle, friends to government, and disposed to support his successor in pursuing the ends of government. Many who had been inimical to him, and who kept up a strong party against him, though always the minority, had not the esteem of the people, any further than they acquired it by thoir opposition to government, and professions of maintaining liberty. These were the men who were most forward in offering incense to the new governor; and these he took most pains to secure to his interest, depending upon the prin- ciples of those who were in favour of government, without immediate respect to the person of the go- vernor, to promote his measures for the public good. But besides these, there were many who were at- tached to Mr. Shirley, merely because he kept them in places, and, upon their recommendation, disposed of places to their friends, and also hearkened much to their opinion and advice, in many affairs which came before the general assembly. Between these persons, and many of those who had been in opposi- tion to Mr. Shirley, there was great personal enmity; and it soon appeared impracticable to unite them in public measures. In a short time most of the chief friends to Mr. Shirley became opposers of Mr. Pow- nall, and most of Mr. Shirley's enemies became Mr. Pownall' s friends. A part, however, of those who had been in favour of government from principle, continued to support the measures of government. In the latter part of his administration, they who had acquired the favour of the people by opposing Mr. Shirley, lost it by supporting Mr. Pownall, and were no longer able to do him any more service. They failed of their elections into the assembly, v/iere only they could be of use, and when he left th pro- vince, he observed himself, that he had very few friends remaining in the house. The governor scarcely had time to inquire into the state of public affairs, before an express arrived from Major-General Webb at Fort Edward, informing him that a large army of French and Indians were in motion, in order to attack the forts under his command, and urging, that all possible assistance should immediately be afforded. The inhabitants of the province, by charter, cannot be carried beyond the limits of it except by their own consent, or by virtue of an act of the general assembly. The governor with the council had, in many in- stances, since the charter for the public safety, done those acts, w r hich, strictly and constitutionally, the general assembly only had power to do. Upon this occasion the governor caused the coun- cil to be convened, and required their opinion, whe- ther, in case of an attack made by the enemy upon his majesty's forts without the limits of the province, it would be a breach of duty in him to order the militia to march beyond those limits, the restriction in the charter notwithstanding. The council considered the marching of the militia beyond the bounds of the province, to join the other forces there, as tending more to the defence of the province, than if the militia should wait within its limits, to meet the enemy there ; and though an order for that purpose was not within the words, yet it was within the reason, of the charter; and, there- fore, they gave their opinion, that he should require the militia to march. In two or three days more, accounts arrived of the progress of the enemy, to the 4th of August, when they laid siege to Fort William Henry. The first step taken by the governor was the creation of a new officer not known in the province before; and Sir William Pepperell received a commission as lieut.-general over all the militia throughout the province. Orders were then issued by the governor, to the colonels of the several regiments through the pro- vince, to cause every man to be completely furnished with anns and ammunition according to law; to hold himself in readiness to march at a minute's warning; and to observe the orders of Sir William Pepperell. Sir William repaired to the town of Springfield, to collect there a magazine of provisions and military stores, and to issue his orders from thence. Soon after his arrival there, he received intelli- gence of the surrender of Fort William Henry on the 9th of August, and immediately communicated the same by express to the governor at Boston; earnestly urging that all the aid possible should be afforded. The governor, by advice of council, issued orders, that the several tro'ops of horse, and one-fourth part of all the regiments of foot, the counties of York, Nantucket, and Duke's county excepted, should be drawn out immediately for the protection of the pro- vince, and for the aid and assistance of his majesty's forces. A train of artillery was also ordered to be provided, and a regiment of artillery to be formed. The governor proposed to march himself, and to take the command of the force of the province; and his company of cadets had orders to be ready to attend him. Sir William Pepperell was ordered to require the inhabitants west of Connecticut rivor to destroy their wheel carriages, and to drive in their cattle. In case of the approach of the enemy, it UNITED STATES. was proposed to make a stand on the east side of the river. Several regiments, from the counties of Hampshire and Worcester, marched towards Fort Edward, into the unsettled country beyond Albany; but, before they reached the fort, they were stopped by orders from General Webb, who was convinced that the enemy was satisfied with the acquisition of Fort Wil- liam Henry, and did not design to attack Fort Ed- ward; and before the 18th of August, the governor received such intelligence as caused him to revoke his orders for raising the militia. All that were upon the march, as soon as they came to the knowledge of General Webb's orders, returned home. It is almost incredible, that 4 or 5,000 men, most of them Canadians and savages, should give such an alarm to so great a province. Reports were spread among the people, that, after the surrender of the fort, the garrison had been massacred by the Indians, by the countenance and connivance of the French general; and it is certain, that, when a detachment of the French army was escorting the prisoners on their way to Fort Edward, the Indians, who had been disappointed in their expectations of plunder, fell upon the English, and stripped many of them. The two colonels, Munro and Young, with a great part of the prisoners, either had not left, or went back to the French army, and complained of this breach of the capitulation. About six hundred fled into the woods, some quite, and others almost, naked ; and the first who came into Fort Edward reported the massacre of the rest. Some few were killed, or never heard of; the rest came in, one after another, many having lost their way in the woods, and suffered extreme hardships. The commander of the Massachusetts forces, colonel Frye, was thought to be lost ; but, after wandering about some days, came in with no other apparel than his shirt. The prisoners acknowledged that the French strove to restrain the Indians, but were overpowered. When the accounts of the charge attending this alarm were exhibited to the general assembly, it was then said by many to be more than necessary. The charge, however, was allowed. The men were paid at the same rate as the soldiers who had en- listed into the service, and were then on the frontiers. The members of the assembly have always taken care that justice should be done to the soldiers in public service, whether they have been impressed without any promise of pay, or enlisted upon encou- ragement, or assurances given. Upon the news of the loss of Fort William Henry, an express was sent to Lord Loudoun, at Halifax, to inform him of it, and of the probability that Fort Edward would meet with the same fate, and that the enemy would make advances towards New Eng- land and New York. The express met his lordship, with the forces un- der his command, on his passage from Halifax to New York. He wrote to governor Pownall, that he proposed, as soon as he should come to land, to march directly to meet the enemy, and hoped to give a good account of them. He recommended to the governor, in the mean time, to harass and dis- tress them, but not to hazard an engagement. While the English fleet and army were at Hali- fax, preparing for a descent upon the island of Cape Breton, endeavours were used to obtain the fullest knowledge of the enemy's force there ; but the ac- counts varied, and were uncertain. The English troops were embarked, in order to proceed on the 1st of August. On the 4th of August, a French prize was brought into Halifax, having left Louis- burg a few days before. It appeared, by the exa- mination of the prisoners, that there were seventeen ships of the line and twelve frigates then at Louis burg, with four thousand regular troops, beside the garrison. The summer was far advanced. The troops, without great loss, might make good their landing at Chapeau-rouge bay ; but there was no probability of carrying the town against so strong a land force, and a sea force superior to that of the English. A defeat would have exposed the English colonies to the ravages of the enemy, and would have been of fatal consequence to the British inter- est in America. It was therefore determined, in a council of war of the sea and land ofiicers, by all but one voice, not to proceed. The English fleet, however, remained waiting the motions of the French fleet, until the 25th of Sep- tember; when, cruizing off Louisburg, a violent storm arose, in which the Tilbury, a sixty gun ship, was driven upon the rocks and lost; ten or twelve other ships were dismasted, and others damaged, and the whole fleet scattered, most of which returned to England. The French fleet had an opportunity, the whole month of October, of laying waste the sea-ports of New England ; and the people of Boston were not free from fears, until news arrived of its having sailed for Europe. The return of Lord Loudoun, with his troops, freed the colonies from apprehensions of danger from any new inroads of French or Indian enemies ; but winter was approaching, which caused all thoughts of offensive measures to be laid aside. Thus ended the third unsuccessful campaign in America. When the governor arrived, the general assembly stood prorogued to the 16th of August. Nothing memorable happened in this short ses- sion, except a proposal from the governor to the assembly, to pass an act, " to empower and require the civil magistrate to take up and assign quarters for such of the king's troops as should come into the province, under such regulations, that the troops might be well accommodated, and the province be burdened as little as possible." The council and house, in a joint message to the governor, excused themselves, and supposed the barracks at the castle, which were intended to ac- commodate one thousand men, together with the barrack utensils, fire, and light, were all the pro- vision proper to be made by the province. The next session began the 23d of November. In the recess, recruiting parties arrived in Boston from Nova Scotia. They made application to the governor for quarters. He directed them to apply to the magistrates in Boston. They declined doing any thing. Upon representation to Lord Loudoun, at New York, he sent an express to the governor; made a demand, in form, of quarters in the town of Boston, alleging, that the act of parliament for quarters extended to the colonies, which made any provincial law unnecessary ; complained of the ma- gistrates in Boston for not complying with the act of parliament ; and added, that he had ordered his mes- senger to wait forty-eight hours for answer, and if, within that time, his demand was not complied with, he would march one regiment which he had in Con- necticut, another which was at Long Island, and a third at New York ; and observed, that he had two more in Pennsylvania, and, if they began their 2X2 388 THE HISTORY OF AMERICA. march, ho would on no terms revoke them, until they arrived in Boston. The assembly having met before this letter ar- rived, the governor laid the letter before them, and recommended it to their serious and immediate con- sideration. It is probable that the governor himself was of opinion that the act of parliament did not extend to America; for, in three or four days, an act of the province passed the three branches of the legislature, making provision for quartering troops in public houses, as sinalar to the provisions made by act of parliament, as the difference between the circum- stances of the kingdom and those of the province would admit. Upon transmitting a copy of this act to Lord Louuoun, he was dissatisfied, and would not allow that the assembly had any concern in the dis- pute ; and added, " that in time of war, the rules and customs of war must govern." This also was laid before the assembly, and pro- duced a message to the governor, declaring the opi- nion of the assembly, that the act of parliament did not extend to the plantations, and that the rules and customs of war w'ere not the rules which the civil magistrate was to govern himself by, but that a law of the province was necessary for his justiiication. The governor's letter, or perhaps further considera- tion upon the subject, abated the resentment of the general, and caused some change of sentiments. The answer which he wrote to it, being communi- cated to the assembly, produced a memorable mes- sage to the governor, which so fully expresses the sense which they then had of the constitutional au- thority of parliament, that it seems to be very pro- per to insert it at large. " May it please your excellency, '' We are very glad to perceive by the letter from his excellency the earl of Loudoun, which you have- been pleased to direct the secretary to lay before us, that the conduct of the general court is so well ap- proved of, and that he has, thereupon, counter- manded the orders which he had given for marching the troops to be quartered and billetted within this province. " We thank your excellency for your good offices in our behalf, and for the care and* pains which we are sensible you have taken to avert the troubles which seemed to be coming upon us. We doubt not, that future assemblies will act upon the same principles with this assembly; and that the Massa- chusetts province wu'i always deserve the favourable opinion of the general of his majesty's forces. " We wish to stand perfectly right with his lord- ship, and it will be a great satisfaction to us, if we may be able to remove his misapprehension of the spring and motive of our proceedings. " His lordship is pleased to say, that we seem willing to enter into a dispute upon the necessity of a provincial law to enforce a British act of parlia- ment. " We arc utterly at a loss what part of our con- duct could give occasion for this expression. The point in which we were obliged to differ from his lordship was the extent of the provision made by act of parliament for regulating quarters. We thought it did not reach the colonies. Had we thought that it did reach us, and yet made an act of our own to enforce it, there would have been good grounds for his lordship's exception, but being fully persuaded, that the provision was never intended for us, what better step could we take, than, agreeable to the twentieth section in the articles of war, to regulate quarters as the circumstances of the province re- quire ; but still, as similar to the provision made in England as possible ? And how can it be inferred from thence, that we suppose a provincial act ne- cessary to enforce an act of parliament ? " We are willing, by a due exercise of the pow- ers of civil government, (and we have the pleasure of seeing your excellency concur with us,) to remove, as much as may be, all pretence of necessity of mi- litary government. Such measures, we are sure, will never be disapproved by the parliament of Great Britain, our dependence upon which we never had a desire, or thought of lessening. From the know- ledge your excellency has acquired of us you will be able to do us justice in this regard. " In our message to your excellency, which you transmitted to his lordship, we declared that the act of parliament, the extent of which was then in dis- pute, as far as it related to the plantations, had al- ways been observed by us. " The authority of all acts of parliament which concern the colonies, and extend to them, is ever acknowledged in all the courts of law, and made the rule of all judicial proceedings in the province. There is not a member of the general court, and we know no inhabitant within the bounds of the go- vernment, that ever questioned this authority. " To prevent any ill consequences which may arise from an opinion of our holding such principles, we now utterly disavow thorn, as we should readily have done at any time past, if there had been occa- sion for it; and we pray that his lordship may be acquainted therewith, that we may appear in a true light, and that no impressions may remain to our disadvantage." This address or message was drawn up by Mr Hutchhison, then a member of the council, and of the committee. The expectation of favour from parliament, in the reimbursement of their expenses, induced the coun- cil and assembly to make and publish so explicit a declaration of their principles, lest the construction which the general had put upon their refusal to conform to the mutiny act might operate to their prejudice. They were nevertheless the real princi- ples of those who made the declaration, and not merely pretended, to serve a purpose. The governor, observing that his predecessor had suffered the house to take to themselves some share of that military authority, which the charter gives to the office of a governor, endeavoured to make a reform. In the grants of money for the defence of the province, the house, with whom all grants must originate, in several late instances, had appropriated the money granted, to the payment of such a num- ber of men as should be posted in such places, or employed in such service, as the votes of the house expressed, and restrained the governor and council from drawing it out of the treasury for any other purpose. Mr. Shirley, to keep the house in good humour, and thereby to promote his general design, had submitted to this invasion. Mr. Pownall, for some days, suffered a grant, made in this form, to lie before him; and endeavoured to prevail on the house to depart from this irregularity ; but they w-ere tenacious of it, and he gave his assent, protesting against the vote as a breach of the constitution. No notice was taken of this in England, where there was no disposition to contend with the colonies, nor any apprehension of serious consequences from the advances made by the people upon the prerogative. The Massachusetts assembly, which had been UNITED STATES. 389 used to take the lead, proposed to the other New | England assemblies a meeting by ^commissioners, to | agree upon measures for the defence of the New England colonies. New Hampshire and Rhode Island returned no answer to this proposal. Con- necticut appointed commissioners, who met the Mas- sachusetts commissioners at Boston, and a plan of measures was agreed upon, and New Hampshire and Rhode Island were invited to accede ; but the whole affair dropped, by the neglect of the assem- blies to act upon the report of the commissioners. (1758.) Lord Loudoun, soon after, appointed a meeting of the governors of New York and of the New England colonies, or of commissioners from the colonies, together with such officers of the army as ho thought fit, to be held at Hartford in Connecticut, 20th of February, where he intended to lay before them a plan of measures for the ensuing year. The governor of Massachusetts bay, New York, and Con- necticut, and two commissioners from Rhode Island, met accordingly; but it soon appeared, that what- ever might be the private opinions of the governors or commissioners, they could not ensure the concur- rence of the assemblies. The general, not being able to effect his purpose at this meeting, went for- ward to Boston, hoping to succeed as well there as he had done the last year. But he was disappointed. He came to town the first day of the session of the assembly. The governor, in his speech, recom- mended to make provision for a suitable body of forces to co-operate in aid and assistance to his majesty's troops, to the eastward. This gave room to conjecture that another expe- dition to Louisburg was intended. The season was advanced, and there was no time to spare. Twenty- two hundred men was the full number desired. From some cause or other, the general and the governor did not perfectly harmonize. The propo- sal laboured in the assembly. Six days were spent without any vote. Certain queries were then laid before the general, to which answers were desired. How long are the men to continue in service? What officers are they to be under? Where is the command to be ? How are they to be paid, armed, and victualled ? What is their destination ? What will be the whole force, when they shall have joined it ? The general was much displeased with these queries, considereo them as dilatory pleas, and was delibe- rating in what manner to reply to them, when an express came to town from New York, bringing intel- ligence that the Earl of Loudoun was superseded, and Major-General Abercrombie appointed com- mander in chief of his majesty's forces. The same express brought letters to the governor from the secretary of state, Mr. Pitt, recommending, in the strongest terms, an exertion on the part of the pro- vince, and giving encouragement that a compensa- tion should be made in proportion. It was expected, that the forces would be employed in the reduction of Canada ; the object, above all others, wished for by the people of New England. The house now made no queries, but came immediately to a resolve, " to raise seven thousand men by enlistment for the intended expedition against Canada, to be formed into regiments under such officers, being inhabitants of the province, as his excellency the captain-general shall appoint; to continue in service no longer than the first of November, and to be dismissed as much sooner as his majesty's service shall admit." This was the greatest exertion ever made by the province. From the proposal made by Lord Lou- doun, they expected nothing more than another at- tempt upon Louisburg. Now, they had in view the country westward, considered the reduction of Ti- conderoga and Crown Point to be certain, and that the possession of all Canada would soon follow. But the benefits expected from this acquisition were no- thing more than a freedom from that distress which they were liable to, every time a war broke out be- tween England and France. Whenever America should be actually subject to the supreme authority of the British empire, there would be no longer any reason to fear French nor Indian enemies, which had been a scourge to the colonies from their first settlement. An empire, separate or distinct from Britain, was then expected, or desired. From the common increase of inhabitants, in a part of the globe which nature afforded every inducement to cultivate, settlements would gradually extend; and, in distant ages, an independent empire would pro- bably be formed. This was the language of that day. Seven thousand men was a great proportion of the whole people to be raised, and sent out of the pro- vince. The bounty to enlist was large : the wages of a soldier were much higher than those of any soldiers in Europe. Many officers depended upon the number of men they could enlist, to entitle them to their commissions. Four thousand five hundred only could be raised by voluntary enlistment, and the remaining twenty-five hundred, by a subsequent act or order of court, were drawn from the militia, and impressed into the service. Between two and three thousand men were raised by the other colo- nies, which made more than nine thousand provin- cials, who, with between six and seven thousand re- gulars and rangers in the king's pay included, all marched to lake George, where general Abercrom- bie in person was in command. Lord Howe ar- rived in Boston, from England, after the forces had left the province, and, immediately upon his land- ing, began his journey, and joined the army before any action took place. This body of men, the greatest which had ever been assembled in arms in America, since it was settled by the English, embarked on lake George, the 5th of July, for the French fortress at Ticonde- roga. and landed the next day at a cove, and landing- place, from whence a way led to the advanced guard of the enemy. Seven thousand men, in four co- lumns, then began a march through a thick wood. The columns were necessarily broken; their guides were unskilful ; the men were bewildered and lost ; and parties fell in one upon another. Lord Howe, the life of the army, at the head of a column which was supported by the light infantry, being advanced, fell in with a party of the enemy, consisting of about four hundred regulars and some Indians. Many of them were killed, and one hundred and forty eight taken prisoners. This, however, was a dearly pur- chased victory, for lord Howe was the first who fell on the English side : whether shot by the enemy, or by his own people, was uncertain. One of the provincial colonels present supposed the last, not merely from the disorderly firing, but from a view of the body ; the ball entering, as he said, at his back, when" he was facing the enemy. The general assembly at Massachusetts Bay, upon a suggestion from the governor to some of the mem- bers, testified their respect to the memory of lord Howe, by granting a sum of money fora monument, which has been placed in Westminster Abbey. " In the house of representatives. " The great and general court, bearing testimony to the sense which the province had, of the services 390 THE HISTORY OF AMERICA. and military virtues of the late lord viscount Howe, who fell in the last campaign, fighting in the cause The greatest, hopes from the reduction of Canada, as far as could be judged from the public prayers of the clergy, as well as from the conversation of people in general, was, " to sit quiet under their own vines and fig trees, and to have none to make them afraid." All they had ever suffered, as a community, had been from their French and Indian neighbours. In every respect, except the charges which had been occa- sioned by Indian wars, they had felt less of the bur- lens of government, than any people besides, who enjoyed so much of the benefit of it. That their civil and religious principles might be transmitted to the latest posterity, was an expression in general use among the clergy. In Massachusetts bay especially, there was a very general satisfaction with the form of government ac- cording to their charter. Although under the first charter, the government had been more popular, the governor himself being annually elected, they were so fully satisfied with the new. that few persons, if any, wished to return to the old. From heats and animosities in popular elections in towns, they judged of the danger from such an election by all the people of the province. The controversies between governors and their assemblies had been occasioned by different con- structions of their respective powers, as derived from the charter ; but these were pretty well settled. When a people are in such a state, they are not apt to be disturbed by mere theoretical notions of govern- ment, or with ideas of any particular degree of natu- ral liberty which it is not in their power to alienate. Speculative men had already figured in their minds an American empire, but in such distant ages, that no body then living could expect to see it. Besides, whilst the French remained upon the continent, the English were apprehensive lest, sooner or later, they should be driven from it. But as soon as they were removed, a new scene opened. The prospect was greatly enlarged. There was no- thing to obstruct a gradual progress of settlements, through a vast continent, from the Atlantic to the Pacific Ocean. The two colonies of Massachusetts bay and Con- necticut claimed, by charters, the property of this vast territory, at their sole disposal, so far as came within the latitudes to which they were limited; the small territory, possessed by Pennsylvania and New York, only excepted. Men whose minds were turned to calculations found that the colonies increased so rapidly, as to double the number of inhabitants in a much shorter space of time than had been imagined. From the number of inhabitants then in the se- veral colonies, and a supposition that, for the time to come, they might increase in the same proportion as in the time past, the colonies would soon exceed the parent state. These considerations did not, of themselves, im- mediately occasion any plan, or even a desire, of independency. They produced a higher sense of the grandeur and importance of the colonies. Advantages in any respect, enjoyed by the sub- jects in England, which were not enjoyed by the subjects in the colonies, began to be considered in an invidious light, and men were led to inquire, with greater attention than formerly, into the rela- tion in which the colonies stood to the state from which they sprang. Every argument which would give colour for the removal of this distinction was favourably received : and from various events, men were prepared to think more favourably of independency, before any measures were taken with a professed design of at- taining to i f . 'Governor Bernard had been but a few weeks in the province, when he found himself under the ne- cessity either of making a particular family and its connexions extremely inimical to him, or of doing what would not have been approved of by the greater part of the province. Upon the death of the chief justice, the first sur- viving judge, and two other judges, together with several of the principal gentlemen of the bar, sig- nified their desire to the governor that he would ap- point the lieut.-governor to be the successor. When Mr. Shirley was in administration he had encou- raged, if not promised, a gentleman at the bar, that, upon a vacancy in the superior court, he should have a seat there. A vacancy happened, and Mr, Shirley, from a prior engagement, or for some other reason, disappointed him. He was at this time speaker of the house of representatives, and he made application to Governor Bernard, that the first sur- viving judge might be appointed chief justice, and that he might, take the place of a judge. His son, Mr. Otis, author of the first political pamphlet upon the rights of Americans ; also, with great warmth, engaged in behalf of his father, and, not meeting with that encouragement which he expected, threat- ened resentment, if he should finally fail of success. Several weeks elapsed, before any nomination was made, or any thing had passed between the governor and lieut.-governor, upon the subject At length it was intimated to the lieut.-governor, that the gover- nor, when he had been applied to by many persons in his behalf, was at a loss to account for his silence upon the subject. This caused a conversation, in which the lieut.-governor signified that he had de- sired no persons to apply in his behalf, and had avoided applying himself, that the governor might the more freely use his own judgment, in appointing such person as should appear to him most fit. And soon after, upon the lieut.-governor's being informed of the governor's intention to nominate him to the place, he gave his opinion, that a refusal to comply with the solicitations which had been made to the governor by the other person, would cause a strong opposition 'to his administration, and, at the same time, assured the governor, that he would not take amiss the compliance, but would support his admi- nistration with the name zeal as if he had been ap- pointed himself. The governor declared that, if the lieut.-governor should finally refuse the place, the other person would not be nominated. The expected opposition ensued. The resentment in the disappointed per- sons was also as strong against the lieut.-governor for accepting the place, as if he had sought it, and had opposed their solicitations. Both the gentlemen had been friends to government. From this time they were at the head of every measure in opposi- tion, not merely in those points which concerned the governor in his administration, but in such as concerned the authority of parliament ; the opposi- tion to which first began in this colony, and was moved and conducted by one of them, both in the the assembly and the town of Boston. From so small a spark a great fire seems to have been kindled. The news of the demise of King George the Se- cond was received in Boston the 27th of December, 394 THE HISTORY OF AMERICA. 1 760. There was no room to doubt the truth of it The people on board a ship which arrived from an out-port in England, all agreed in it, and the news papers contained an account of it, and of the accession of King George the Third, as published by authorit) in the London Gazette. There was no official advice and upon the governor's consulting the council, some doubted the propriety of proclaiming a new king, until directions should be received from the secretary of state, in his name. Others were of opinion that it was justifiable. It was a season of the year, when it was probable that many weeks would pass before orders arrived, and it would have a strange appear- ance, if all writs, processes, and public acts of every kind, continued, all that time, in the name of a prince known to be in his grave. Upon consulting precedents, they were in favour of the last opinion, and the king was proclaimed on the 30th of December. (1761.) On Thursday, January 1st, the governor, council, &c., went into mourning. In the morning a sermon was preached in the meeting-house, by Mr. Cooper, one of the ministers of Boston, when the whole general assembly attended. The governor proposed to the rector of King's chapel to preach there, in the afternoon: and the council and as- sembly attended with him. This is the only in- stance of a sermon preached before the general as- sembly in an episcopal church. A short time only passed, before Mr. Otis, the son, appeared at the head of a party, not in opposi- tion to any act of the governor, but to the past trans- actions of officers in the court of admiralty, in whose defence the governor would probably be engaged. The act of parliament of the 6th of George the Second, which imposed a duty of sixpence per gallon upon all foreign molasses imported into the colonies, gave one-third part of the forfeiture to the king, for the use of the colony where the forfeiture should be made, one-third to the governor, and the other to the informer. The act, though it had been made near thirty years, and large sums had been forfeited, was always deemed a grievance. The assembly had suffered the share given to the province to lie in the court. It had, besides, been the practice of the court, to allow to the informer what he gave for private infor- mation, and to charge it upon the third given to the king for the colony, (which third nobody appeared to demand,) and not upon the whole forfeiture. The like practice had before obtained, in all forfeit- ures where the crown, for its own use, was entitled to one-third. Mr. Otis, bred to the law, and at that time a prac- titioner in the courts, took the advantage of this irregularity. The merchants, some of whom had been affected by these forfeitures, were easily brought by a committee to prefer a petition to the general assembly, praying to be heard by counsel; which was granted, and Mr. Otis was the person employed. It was proposed that actions should be brought, in behalf of the province, against the custom-house officers to whom these illegal charges had been al- lowed, for the recovery of monies had and received for the use of the province. The house was easily induced to a compliance with the prayer of the petition. Mr. Otis, when before the council, undertook to support such an action, and was very sanguine that it could not be withstood. Opposition, however, was made in coun- cil; and it was plainly shewn, that no such action could lie. The superior court, having all the pow- ers within the province of the court of king's bench in England, might put a stop to the proceedings of the court of admiralty, whenever it took cognizance of a cause not within its jurisdiction, by a writ of prohibition ; but in this case, jurisdiction had been expressly given, by an act of parliament, to the court of admiralty. The province might have ap- peared by an attorney, and have taken exceptions to the decree, and, if the exceptions had not pre- vailed, might have brought an appeal to the high court of admiralty in England; but the opportunity was wilfully slipped, and there was now no remedy. It was said, however, that the people were dissatis- fied, and that it would not be believed that there was no remedy, unless there was a trial : and a ma- jority of the council concurred with the house. The governor at first, declined his assent, and, in a message to the house, gave, as the only reason, their appointing the province treasurer to bring the action ; whereas, the money sued for being granted to the king, the king's attorney was the person in whose name the action should be brought. This objection from the governor was really of no weight, because the money was granted to the king for the use of the province ; and all money belonging to the province had always been sued for by the treasurer; particularly all arrears of taxes, which had always been granted, in name, to the king, though really for the use of the province. But he hoped to prevent Mr. Otis from carrying on the suit. The governor, in his message, had intimated, that bis consent to the vote in that form would expose him to the displeasure of the king. When he found bow unpopular it would be to refuse his assent, he [aid the matter before the council, and demanded their advice ; and they advised him, " on that occa- sion, to wave his own opinion, how well soever f ounded." Thereupon, he gave his assent to the rote. This was esteemed a triumph, as they had compelled the governor to depart from what he had declared to be his judgment. But when the cause came upon trial, it was very feebly supported, by shewing that the charges ought not to have been allowed by the court of admiralty ; and by repre- senting that court, as not congenial with the spirit f the English constitution, for which reason no in- dulgent construction ought to be allowed to their proceedings. The court summed up the cause to the jury, so as ;o shew that the action had not been supported; and cautioned them against departing from the rules of aw, and consequently from their oaths, in compli- ance with popular prejudices : and, contrary to the prevailing expectation, they found costs for the defendants. The authority of acts of parliament had never )een called in question as the rule of law, when hey plainly extended to the colonies. In a message 'rom the two houses to the governor, upon the sub- ect of this trial, they acknowledge, " that every act )f the province, repugnant to an act of parliament extending to the plantations, is, ipso facto, null and r oid." Juries were disposed to receive the law from he court, and could not easily be induced to depart rom their oaths. Whilst this process was depending, Mr. Otis, who arried it on, was equally sedulous in promoting nother measure, which tended to raise heats and animosities, and to destroy the powers of government. The collectors and inferior officers of the customs, merely by the authority derived from their commis. ions, had forcibly entered warehouses, and even UNITED STATES, 395 dwelling-houses, upon information that contraband goods were concealed in them. The people grew uneasy under the exercise of this assumed authority, and some stood upon their defeuce against such entries, whilst others were bringing their actions at law against the officers, for past illegal entries, or attempts to enter. When Mr. Shirley was in administration, he, as the civil magistrate, gave out his warrants to the officers of the customs to enter. This appears more extraordinary, as Mr. Shirley was a lawyer by education, and was allowed to be a man of good sense. These warrants, however, were in use some years. At length, the surveyor and searcher being one day about to break open a ware- house, upon an information of iron imported from Spain being concealed there, a gentleman, who was brother to the owner of the warehouse, and also a friend to the surveyor and searcher, enquired what authority he had to enter, and, thereupon, he shewed the governor's warrant. The gentleman, who knew the information to be ill-founded, sent for the keys, and caused the warehouse to be opened; and, at the same time, assured the surveyor, that, if he had forced an entry, an action would have been brought against him, his warrant being of no value. This put the governor upon examining the legality of his warrants, and caused him to direct the officers to apply for warrants from the superior court; and, from that time, writs issued, not exactly in the form, but of the nature, of writs of assistance issued from the court of exchequer in England. Upon application made to the court by one of the custom-house officers, an exception was taken to the application; and Mr. Otis desired that a time might be assigned for an argument upon it. The motion was the more readily complied with, because it was suggested, that the late chief justice, who was in high esteem, had doubts of the legality of such writs. It was objected to the writs, that they were of the nature of general warrants ; that, although formerly it was the practice to issue general warrants to search for stolon goods, yet, for many years, this practise had been altered, and special warrants only were issued by justices of the peace, to search in places set forth in the warrants; that it was equally rea- sonable to alter these writs, to which there would be no objection, if the place where the search was to be made should be specifically mentioned, and infor- mation given upon oath. The form of a writ of as- sistance was, it is true, to be found in some registers, which was general, but it was affirmed, without proof, that the late practice in England was otherwise, and that such writs issued upon special information only. The court was convinced that a writ, or warrant, to be issued only in cases where special information was given upon oath, would rarely, if ever, be ap- plied for, as no informer would expose himself to the rage of the people. The statute of the 14th of Charles II. authorized issuing writs of assistance from the court of exchequer in England. The sta- tutes of the 7th and 8th of William III. required all that aid to be given to the officers of the customs in the plantations, which was required by law to be given in England. Some of the judges, notwith- standing, from a doubt whether such writs were still iu use in England, seemed to favour the exception, and, if judgment had been then given, it is uncertain on which side it would have been. The chief justice was, therefore, desired, by the first opportunity in his power, to obtain information of the practice in England, and judgment was suspended. At the next town, it appeared that such writs issued from the exchequer, of course, when applied for ; and this was judged sufficient to warrant the like practice in the province. A form was settled, as agreeable to the form in England as the circumstances of the colony would admit, and the writs were ordered to be issued to custom-house officers, for whom applica- tion should be made to the chief justice by the sur- veyor-general of the customs. The ill success of these two attempts seemed to have a tendency to check and discourage the spirit of opposition; but it had a contrary effect. The people were taught that innovations, under pretence of law, were now confirmed by judgments of court incompatible with English liberties, and that the au- thority of courts of admiralty, and the powers of cus- tom-house officers, always deemed grievous because unconstitufjonal, were now established by judges de- voted to the prerogative. Mr. Otis's zeal in carrying on these causes was deemed meritorious, as it was considered to arise from a sincere concern for the liberties of the people. His resentment against the governor was not charged upon him as the motive. The town of Boston, at their next election, in May, shewed the sense they had of his merit, by choosing him one of their repre- sentatives in the general assembly. The government in England thought it necessary to keep up in America a considerable part of the military force, notwithstanding the reduction of Canada, until peace should be established. An expedition was determined to be carried on this summer, against the French islands : and great part of the regular troops were to be taken from the continent for that service. Massachusetts bay was called upon to assist in supplying provincial troops in their stead, by raising two-thirds as many men as they raised the last year. 3,000 men were re- solved upon; but great opposition was made, and the vote was kept four days on the table of the house ; and then a motion was made for reconsidering it; but it did not prevail, and the vote passed the several branches. Governor Bernard saw a strong party forming, at the head of which, ostensibly, was Mr. Otis, the son; but the father, being speaker of the house, was a great support to it. The governor flattered himself that he should be able to reconcile to him, both father and son. By the demise of the king, all civil as well as military commissions must be renewed. This was the only opportunity which a Massachusetts gover- nor could have, of nominating persons to office, at pleasure. When he came to settle the county of Barnstable, where the speaker lived, he made him an offer of taking to himself the principal offices in the county, and of naming many of his relations and friends to other offices ; and the whole county was settled to his mind. He took for himself the place of first justice of the county court of common pleas, and also that of judge of probate, which gives much weight and influence in the county. Mr. Otis, the son, soon after appeared in favour of a grant, made by the assembly to the governor, of the island of Mount Desert; and there was the appearance of reconciliation. It lasted but a short time. Places granted by a Massachusetts governor could not be taken away again at pleasure, except places in the militia, which were not much valued, after the title and rank, derived from them, were once acquired. (1762.) The successes of the year 1761 gave a 396 THE HISTORY OF AMERICA. general expectation of peace, which was disappointed by the intermeddling of the Spaniards. The Massachusetts, therefore, were again called upon for the like number of men as had been in ser- vice the last year, to serve upon the continent, while the regulars were to be employed in an important service elsewhere. The assembly determined to rais'e 3,200 men, which number was- satisfactory. They also voted a bounty of 71. per man, to encourage the enlistment of 893 men into the regular troops. This is a singular instance. Men were raised with greater ease than ever. By habit they became fond of the life of a soldier. The number, now required, being not half what had bet-n required in several former years, there was not room for many who were inclined to serve, and who, thus, were obliged to remain at home. This provision was made at a session of the as- sembly, in the winter after 1761. Another session, for election, in the summer fol- lowing, passed in quiet, the ordinary business of the province going on without opposition. Soon after it was finished, the fishing towns were alarmed with the news of a French force which had taken possession of St. John's, Newfoundland, and the inhabitants of Salem and Marblehead petitioned the governor and council, to cause a ship and sloop, then in the service of the province, to be fitted out and employed for the guard and security of the vessels employed in fishing. The council advised an additional number of men for the sloop, and a bounty for the encouragement of men to enlist to make up the complement of the ship. The whole expense did not exceed 3 or 400Z. sterling. In September the assembly met again. The governor, among other things in his speech, took notice of this small expense, which had been incurred in the recess; and afterwards, in a mes- sage, recommended to them to make provision for the continuance of pay to the additional number of men on board the sloop. This exercise of authority, by the governor and council, was to be justified as far as precedents, from the date of the charter, could justify it. In this in- stance, notwithstanding, as unexceptionable perhaps as any other whatever, the house thought fit to lake exception; and, in a remonstrance composed by Mr. Otis, to declare against such a practice, as taking from the house " their most darling privilege, the right of originating all taxes," and as " annihilating one branch of the legislature." They say, " it would be of little consequence to the people, whether they were subject to George or Louis, the king of Great Britain or the French king, if both were as arbi- trary as both would be, if both could levy taxes without parliament;" and conclude with praying the governor, " as he regards the peace and welfare of the province, that no measures of this nature be taken for the future, let the advice of council be what it may." When the remonstrance was delivered to the go- vernor, he sent it back in a private letter to the speaker, and advised him to recommend the house to expunge from it, and from their record, that pas- sage in which the king's name was used with a free- dom which was not decent. Mr. Otis resisted the proposal, but was content that some qualifying words should be brought in, as, "with due reverence to his majesty's sacred person," or the like; but the government cried out " erase them, erase them," and they were ordered to be expunged. Mr. Otis justified the remonstrance, and his conduct relative to it, iu a pamphlet which he published soon aft;r the session was over. No further notice was taken of the remonstrance. It was calculated to raise a spirit against the council, of which the lieut. -gover- nor was president, and whose character was attacked in newspaper publications, to some of which Mr. Otis affixed his name. The currency of Massachusetts bay had been un- der as good regulation as possible, from the time that paper had been exchanged for silver, which was made the standard at 6s 8rf. the ounce. Gold was not a lawful tender, but passed current at fixed rates, a guinea at '2*s., a moidoie at 36s., &c., being nearly the same proportion that gold bore to silver in Europe at the time when the paper-money was exchanged. Silver bullion, for a year or two past, had advanced in price, in England, from 5s. 3oL to 5s. Id. an ounce. A greater proportion of silver than of gold had been exported, and people, who observed the scarcity of silver, were alarmed. A bill was brought into the house of representatives and passed, making gold a lawful tender at the rates at which the several coins had been current for many years past. The bill was now concurred in council, and a conference ensued between the two houses, the lieut.-governor being at the head of the managers for the council, and Mr. Otis of those for the house. The only argument on the part of the house was the danger of oppression towards debtors, by their being obliged to procure silver at disadvantage. On the part of the council, it was said, that the proportion between silver and gold was different at different times ; that one only ought to be the stand- ard, and the other considered as merchandize; that, silver being made the standard in the province, it behoved government rather to reduce the rate at which gold coin should pass, so as to make the pro- portion between gold and silver the same in the province as in Europe ; that, in such case, there would be the same profit upon exporting gold as silver ; but as one metal was made the standard, and the only lawful tender, it was not advisable for go- vernment to regulate the other, but to leave it to take its chance ; and that there was no other way of securing the currency from depreciation. The house was much engaged to carry the bill through, but the council stood firm, and rejected it. But in a session of the assembly, some time after, this bill passed into an act, and gold as well as silver was made a lawful tender. But, about the same time, the price of silver bullion in England fell to 5s. 3'/. or 5s. '2d. the ounce, and there was no longer any profit by the exportation of silver rather than gold. There seems to have been no reason for men enggaing more on one side the question than the other, in this dispute, only as one side might appear to them more just, and reasonable than the other; but the lieut.-governor having taken one side of the question, Mr. Otis took the other; and the court and country parties took one side and the other with much of the same spirit, as if it had been a contro- versy between privilege and prerogative. (1763.) The conquest of the Havannah, soon after that of Martinico and Guadal oupe, brought on a treaty between the contending powers in Europe ; and the news of preliminaries being signed reached Boston in January, 1763, and of the definite treaty, in May following. It was well known in America, that the people of England, as well as the administration, were divided UNITED STATES 397 upon the expediency of retaining Canada ra.hpr than the islands ; and it was also known that the objection to Canada proceeded from an opinion, that the cession of it by France would cause, in time, a separation of the British colonies from the mother country. This jealousy in England being known, it was of itself sufficient to set enterprising men upon considering how far such a separation was expedi- ent and practicable. But the general joy in Ame- rica upon the news of this cession was not caused by such views. And we may well infer from the addresses of the two houses upon this occasion, that they could have no such thoughts. The governor, in his speech, congratulated them upon so joyful an event. In their address to him, they acknowledge, that the evident design of the French to surround the colonies was the immediate and just cause of the war; that, without the protection afforded them during the war, they must have been a prey to the power of France; that without the compensation made them by parliament, the burden of the expense of the war must have been insupportable. lu their address to the king they make the like acknowledgments, and, at the conclusion, promise to evidence their gratitude by every expression of duty and loyalty in their power. Mr. Otis, at the first town meeting of Boston after the peace, having been chosen moderator, addressed himself to the inhabitants, in a speech which he caused to be printed in the newspapers, in the fol- lowing words : " We in America have certainly abundant reasons to rejoice. The heathen are not only driven cut, but the Canadians, much more for- midable enemies, are conquered and become fellow- subjects. The British dominion and power may now be said, literally, to extend from sea to sea, and from the great river to the ends of the earth. And we may safely conclude from his majesty's wise ad- ministration hitherto, that liberty and knowledge, civil and religious, will be co-extended, improved and preserved to the latest posterity. No other con- stitution of civil government has yet appeared in tho world, so admirably adapted to these great purposes, as that of Great Britain. Every British su! ject in America is of common right, " by acts of parlia- ment," and by the laws of God and nature, entitled to all tiie essential privileges of Britons. By parti- cular charters there are peculiar privileges granted, as in justice there might and ought, in consideration of the arduous undertaking to begin so glorious an empire as British America is rising to. Those jea- lousies, that some weak, and wicked minds have en- deavoured to infuse with regard to the colonies, had their birth in the blackness of darkness, and it is great pity thc?y had not remained there for ever. The true interests of Great Britain and her plantations are mutual, and what God in his providence has united, let no man dare attempt to pull asunder." The southern colonies were molested, all the sum- mer after tho peace, by inroads from the Indians, and many people were killed, and others carried into captivity from the frontiers. In the autumn, gene- ral Gage, who succeeded General Amherst in the command of the British forces, called upon the Mas- sachusetts for assistance, in conjunction with the other New England colonies, in order to form an army early in the spring, to enter the enemy's coun- try by the lakes, whilst another army from the southern colonies should enter it by the Ohio. But this application was coldly received by the assembly. In former wars, the province had defended its own frontiers without aid from the southern colonies. Before the assembly came to a determination, there was a prospect of a treaty with the Indians, and they gave this treaty as a reason for referring the matter to another session. A general accommoda- tion soon followed. There does not appear to have been any special cause of dissatisfaction with the administiation of government, at this time, in Massachusetts bay. There was no complaint of invasion upon any of the rights and liberties of the people. At all times, there are many out of place, who wish to be in. There were, indeed, great disturbances in England; but nothing had occurred there, which concerned the people of Massachusetts bay. Mr. Wilkes, never- theless, had his partisans in America, and the sound of " Wilkes and liberty" was heard in Boston, in proportion to the number of inhabitants, as much as in London. Men took sides in New England upon mere speculative points in government, when there was nothing in practice which could give any grounds for forming parties. The officers of the crown, and especially all officers of the customs, were considered as engaged in promoting measures, more restrictive of the natural rights and liberties of the people, " than tho ends for which government was instituted made necessary." They had the law, however, on their side. Squibs were thrown at their general characters, in newspapers, hand-bills, &c. The terms whig and tory had never been much used in America. The Massachusetts people, in general, were of the principles of the ancient whigs ; attached to the revolution, and to the succession of the crown in the house of Hanover. A very few, who might have been called tories in England, took the name of Jacobites in America. All of a sudden, the officers of the crown, and such as were for keeping up their authority, were branded with the name of tories, always the term of reproach ; their opposers assuming the name of whigs, because the common people, as far as they had been acquainted with the parties in England, all supposed the whigs to have been in the right, and the tories in the wrong. Whilst the people in the province were thus dis- posed to engage in parties, the state of the colonies became a matter of more serious consideration in England, than it had ever been before. The amaz- ing increase of the national debt, by a war engaged in at the solicitations, and for the protection of the colonies, seems to have caused this new attention. The first proof of it towards Massachusetts bay was an order to the governor, to obtain a more exact and certain knowledge, than had ever been obtained, of the number of inhabitants, distinguishing age, sex, &c. This the governor could not obtain without the aid of the assembly, by a law to compel the several towns and districts to make returns of their numbers Objections were made to it. Some suspected that it was required for purposes, though they could not discover them, to the disadvantage of the province; others, and not a few, seemed to have religious scruples, and compared it to David's numbering the people. The proposal was referred from one session to another, and, though it was finally agreed to by a majority, yet many remained dissatisfied. (1764.) As we are now fast advancing to the pe- riod when a determination to resist the authority of the British government was becoming universal in all the colonies, we shall close our separate history of Massachusetts, referring the part taken by that colony, in the struggle 'for emancipation, to the ge- neral history of the revolution. NEW HAMPSHIRE. THE History of New Hampshire is so exceedingly slightly touched upon by Robertson, in his account of the Planting of New England, most of his frag- ment being occupied with the settlement of Massa- chusetts, that we shall give a more detailed account of its rise and progress." The grants to Mason and others Beginning of the settlements at Portsmouth and Dover Whelewrighfi Indian purchase Neal's adventures Discourage- ments Dissolution of the Council Causes of the failure of his enterprise. A patent was granted by King James, in 1606, limiting the dominion of Virginia from the thirty- fourth to the forty-fourth degree of northern latitude, which extent of territory had been divided into two parts, called North and South Virginia. The latter was assigned to certain noblemen, knights, and geii- tlemen of London; the former to others in Bristol, Exeter, and Plymouth. Those who were interested in the northern colony, finding that the patent did not secure them from the intrusions of others, peti- tioned, in 1620, for an enlargement and confirma- tion of their privileges. After some time, the king, by his sole authority, constituted a council, consist- ing of forty noblemen, knights, and gentlemen, by the name of " The council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New England, in America." They were a corporation with a perpetual succession, by election of the majority; and their territories ex- tended from the fortieth to the forty-eighth degree of northern latitude. This patent, or charter, is the foundation of all the grants that were made of the country of New England. But either from the jarring interests of the members, or their indistinct knowledge of the country, or their inattention to business, or some other cause which does not fully appear, their affairs were tiansacted in a confused manner from the beginning; and the grants which they made were so inaccurately described, and in- terfered so much with each other, as to occasion difficulties and controversies, some of which are not totally obliterated. Two of the most active members of this council, were Sir Ferdinando Gorges, and Captain John Mason. Gorges had been an officer in the navy of Queen Elizabeth, intimately connected with Sir Walter Raleigh, of whose adventurous spirit he had a large share. After the peace which King James made in 1604, he was appointed governor of the fort and Island of Plymouth in Devonshire. While he resided there, Captain Weymouth, who had been employed by Lord Arundel in search of a northwest passage, but had fallen short of his course and put in at Pemaquid, brought from thence into the har- bour of Plymouth, five natives of America, three of whom were eagerly seized by Gorges, and retained in his service for three years. Finding them of a tractable and communicative disposition, and having won their affections by gentle treatment, he learned from them many particulars concerning their country, its rivers, harbours, islands, fisheries, and other pro- ducts; and the numbers, force, disposition, and go- vernment of the natives; and from this information he conceived sanguine hopes of indulging his genius, and making his fortune, by a thorough discovery of the country. For this purpose he, in conjunction with others, ventured several ships, whereof some met with peculiar misfortunes ; and others brought home accounts, which, though discouraging to some of his associates, made him determine upon farther attempts, wherein his resolution and perseverance were more conspicuous than any solid gain. These transactions were previous to the establishment of the council ; in soliciting which, Gorges was so ex- tremely active, that he was appointed their presi- dent, and had a principal share in all their transac- tions. Mason was a merchant of London, but be- came a sea-officer, and, after the peace, governor of Newfoundland, where he acquired a knowledge of America, which led him, on his return to England, into a close attachment to those who were engaged in its discovery; and upon some vacancy in the coun- cil, he was elected a member and became their secretary; being also governor of Portsmouth in Hampshire. (1621.) He procured a grant from the council, of all the land from the river of Naumkeag (now Salem), round Cape Anne, to the river Mem- mack; and upon each of those rivers to the farthest head thereof; then to cross over from the head of the one to the head of the other ; with all the is- lands lying within three miles of the coast. This district was called Mariana. (1622.) The next year another grant was made to Gorges and Mason jointly, of all the lands between the rivers Merrimadc and Sagadehock, extending back to the great lakes and river of Canada, and this was called Laconia. Under the authority of this grant, Gorges and Mason, in conjunction with several merchants of London, Bristol, Exeter, Plymouth, Shrewsbury, and Dorchester, who styled themselves " The com- pany of Laconia," attempted the establishment of a colony and fishery at the river Pascataqua ; and in the spring of the following year, (1623), they sent over David Thompson, a Scotsman, Edward and William Hilton, fishmongers of London, with a number of other people, in two divisions, furnished with all necessaries to carry on their design. One of these companies landed on the southern shore of the river, at its mouth, and called the place Little Harbour : here they erected salt works, and built an house, which was afterward called Mason Hall ; but the Hilton s set up their stages eight miles further up the river toward the northwest, on a neck of land which the Indians called Winnichahannat, but they named Northam, and afterwards Dover. Thompson, not being pleased with his -situation, removed the next spring (1624), to an island in the bay of Mas- sachusetts ; this the general court afterward con- firmed to him, and still bears his name. These settlements went on but slowly for several UNITED STATES. 399 years 4 but the natives being peaceable, and several other small beginnings being made along the coast as far as Plymouth, a neighbourly intercourse was kept up among them, each following their respect- ive employments of fishing, trading, and planting, till the disorderly behaviour (1628), of one Morton, at Mount Wollaston, in the bay of Massachusetts, caused an alarm among the scattered settlements as lar as Pescataqua. This man had, in defiance of rhe king's proclamation, made a practice of selling arms and ammunition to the Indians, whom he em- ployed in hunting and fowling for him; so that the English, seeing the Indians armed in the woods, began to be in terror. They also apprehended dan- ger of another kind; for Morton's plantation was a receptacle for discontented servants, whose desertion weakened the settlements, and who, being there without law, were more formidable than the savages themselves. The principal persons of Pascataqua therefore readily united with their neighbours, in making application to the colony of Plymouth, which was of more force than all the rest, to put a stop to this growing mischief; which they happily effected by seizing Moiton, and sending him pri- soner to England. (1629.) Some of the scattered planters in the bay of Massachusetts, being desirous of making a settle"- ment in the neighbourhood of Pascataqua, and fol- lowing the example of those at Plymouth, who had purchased their lands of the Indians, which they conscientiously thought necessary to give them a just title, procured a general meeting of Indians, at Squamscot falls, where they obtained a deed from Passaconaway, Sagamore of Penacock, Runnawitt of Pantucket, Wahongnonawit of Squamscot, and Rowls of Newichwannock : wherein they express their " desire to have the English come and settle among them as among their countrymen in Massa- chusetts, whereby they hoped to be strengthened against their enemies the Tarrateens ; and accord- ingly, with the universal consent of their subjects, for what they deemed a valuable consideration in coats, shirts, and kettles, sell to John Whelewright of the Massachusetts bay, late of England, minister of the gospel, Augustine Story [or Storer], Thomas Wight, William Wentworth, and Thomas Leavit, all that part of the main land bounded by the river Pasca- taqua and the river Merrimack to begin at Ne- wichannock falls in Pascataqua river aforesaid, and down said river to the sea ; and along the sea-shore to Merrimack river; and up said river to the falls at Pantucket; and from thence upon a northwest line, twenty English miles into the woods ; and from thence upon a straight line northeast, till it meet with the main rivers that run down to Pantucket falls, and Newichannock falls aforesaid; the said rivers to be the bounds from the thwart or head line to the aforesaid falls, and from thence the main channel of each river to the sea to be the side bounds ; together with all the islands within the said bounds ; as also the isles of shoals so called." The conditions of this grant were, " that Whelewright should within ten years begin a plantation at Squam- scot falls ; that other inhabitants should have the same privileges with him; that no plantation should ex- ceed ten miles square ; that no lands should be granted but in townships ; and that these should be subject to the government of the Massachusetts colony, until they should have a settled government among thems-elves ; that for each township there should be paid an annual acknowledgment of " one oat of truckling cloth," to Passaconaway the chief Sagamore or his successors, and two bushels of Indian corn to Whelewright and his heirs. The Indians reserve to themselves free liberty of fish- ing, fowling, hunting, and planting within these li- mits." The principal persons of Pascataqua and the province of Maine were witnesses to the sub- scribing of this instrument, and giving possession of the lands. By this deed the English inhabitants within these limits obtained a right to the soil from the original proprietors, more valuable in a moral view than the grants of any European prince could convey. If we smile at the arrogance of a Roman Pontiff in assuming to divide the whole new world between the Spaniards and Portuguese, with what consistency- can we admit the right of a king of England to par- cel out America to his subjects, when he had neither purchased nor conquered it, nor could pretend any other title, than that some of his subjects were the first Europeans who discovered it, while it was in possession of its native lords? The only validity which such grants could have in the eye of reason, was, that the grantees had from their prince a per- mission to negotiate with the possessors for the pur- chase of the soil, and thereupon a power of juris- diction subordinate to his crown. The same year Captain Mason procured a new patent, under the common seal of the council of Ply- mouth, for the land "from the middle of Pascataqua river and up the same to the farthest head thereof, and from thence northwestward until sixty miles from the mouth of the harbour were finished : also through Merrimack river, to the farthest head there- of, and so forward up into the land westward, until sixty miles were finished; and from thence to cross over land to the end of the sixty miles accounted from Pascataqua river; together with all islands within five leagues of the coast." This tract of land was called New Hampshire : it comprehended the whole of Whelewright's purchase; and unless Mason's in- tention was to frustrate his title, it is difficult to as- sign a reason for the procurement of this patent, as the same land, with much more, had been granted to Gorges and Mason jointly, seven years before. If there was an agreement between them to divide the province of Laconia, and take out new patents from the council, in preference to the making a deed of partition; it is not easy to conceive why the west- ern boundary should be contracted to sixty miles from the sea, when the lakes and river of Canada were supposed to be but ninety or an hundred miles from Pascataqua. If this grant was intended as an equivalent for the patent of Mariana, which the council had the preceding year included in their deed to the Massachusetts company; it is impossible to account for the extension of New Hampshire to the river Merrimack, when the grant of Massachu- setts reached to " three miles north of that river and of every part of it." (1630.) The west country adventurers were not less attentive to their interest ; for in the following spring they obtained a patent from the council whereby " all that part of the river Pascataqua called or known by the name of Hilton's Point, with the south side of the said river up to the falls of Squamscot, and three miles into the main land for breadth," was granted to Edward Hilton. This patent, sealed with the common seal of the council, and subscribed by the earl of Warwick, sets forth, that Hilton and his associates had at their own pro- per cost and charges transported servants, built bouses, and -planted corn at Hilton's Point, now 400 THE HISTORY OF AMERICA. Dover, and intended the further increase and ad- vancement of the plantation. (1631.) William Blackstone, William Jefferies, and Thomas Lewis, or either of thorn, were impowered to give posses- sion of the premises ; which was done by Lewis, and the livery and seizin endorsed. Within these li- mits are contained the towns of Dover, Durham, and Stretham, with part of Newington and Greenland. It was commonly called Squamscot patent, but sometimes Bloody-point patent, from a quarrel be- tween the agents of the two companies about a point of laud in the river which was convenient for both ; and there being no government then established, the controversy would have ended in blood, if the con- tending parties had not been persuaded to refer the decision of it to their employers. The London adventurers also thought it prudent to have some security for the interest which they had advanced, and accordingly obtained a grant from the council, of " that part of the patent of Laconia, on which the buildings and salt-works were erected, situ- ate on both sides the harbour and river of Pascataqua to the extent of five miles westward by the sea-coast, then to cross over towards the other plantation in the hands of Edward Hilton." The grantees named in this patent were Sir Ferdinando Gorges, Captain John Mason, John Cotton, Henry Gardner, George Griffith, Edwin Gay, Thomas Warnerton, Thomas Eyre and Eliezer Eyre, who, it is said, had already expended 3000/. in the undertaking. They were to pay forty-eight pounds per annum by way of acknow- ledgment to the president and council, if demanded. Captain Comocke, a relation of the Earl of Warwick, with Henry Jocelyn, who were then intending a voyage here, were appointed to put the grantees in possession. Within this patent are comprehended the towns of Portsmouth, Newcastle and Rye, with part of Newington and Greenland. The whole interest being thus divided into two parts, Captain Thomas Wiggenwas appointed agent for the upper, and Captain Walter Neal for the lower plantation ; with him were associated Ambrose Gibbons, George Vaughan, Thomas Warnerton, Humphrey Chadbourne and one Godfrie, as super- intendants of the several businesses of trade, fishery, salt-making, building, and husbandry. Neal resided at Little-Harbour wi'th Godfrie, who had the care of the fishery. Chadbourne built a house at Strawber- ry-bank, which was called the great house, in which Warnerton resided. Gibbons had the care of a saw- mill, and lived in a palisaded house at Newichwan- nock, where he carried on trade with the Indians. He afterward removed to Sander' s-point, where the adventurers gave him a settlement for his faithful services. He was succeeded at Nevvichwannoch by Chadbourne, whose posterity are persons of principal figure and interest there at this day. The proprietors were also careful to provide for the defence of their plantations, and sent over several cannon, which they directed their agents to mount in the most con- venient place for a fort. They accordingly placed them on the north-east point of the Great-Island, at the mouth of the harbour, and laid out the ground " about a bow-shot from the water-side to a high rock, on which it was intended in time to build the principal fort." A great part of Captain Neal's errand was to pe- netrate the interior part of the province of Laconia, concerning which the adventurers had formed very sanguine expectations. It was described as contain- ing divers lakes, and extending back to a great lake and river in the country of the Iroquois. This river was said to be fair and large, containing many fruit- ful islands ; the air pure and salubrious ; the coun- try pleasant, having some high hills ; full of goodly forests, fair valleys, and fertile plains ; abounding in corn, vines, chesnuts, walnuts, and many other sorts of fruit; the rivers well stored with fish, and envi- roned with goodly meadows full of timber-trees. In the great lake were said to be four islands, full of pleasant woods and meadows, having great store ol stags, fallow-deer, elks, roebucks, beavers, and other game, and these islands were supposed to be com- modiously situated for habitation and traffic, in the midst of a fine lake, abounding with the most deli- cate fish. No one who is acquainted with the interior part of the country in its wilderness state, can for- bear smiling at this romantic description, penned in the true style of adventurers : yet such an impression had the charms of Laconia made on the minds of the first settlers, that Neal set out (1632) on foot, in company with Jocelyn and Darby Field, to discover these beautiful lakes, and settle a trade with the In- dians by pinnaces, imagining the distance to be short of an hundred miles. In the course of their travels, they visited the white mountains, which they described in the same romantic style, to be a ridge', extending 100 leagues, on which snow lieth all the year, and inaccessible but by the gullies which the dissolved snow hath made : on one of these moun- tains they reported to have found a plain of a day's journey over, whereon nothing grows but moss ; and at the further end of this plain, a rude heap of massy stones, piled upon one another, a mile high on which one might ascend from stone to stone, like a flight of winding stairs, to the top, where was another level of about an acre, with a pond of clear water. This summit was said to be far above the clouds, and from hence they beheld a vapour like a vast pil- lar, drawn up by the sunbeams out of a great lake into the air, where it was formed into a cloud. The country beyond these mountains northward, was said to be " daunting terrible," full of rocky hills, as thick as mole-hills in a meadow, and clothed with infinite thick woods. They had great expectation of finding precious stones on these mountains; and something resembling chrystal being picked up, was sufficient to give thorn the name of the Chrystal Hills. From hence they continued their route in search of the lake ; till finding their provision almost spent, and the forests of Laconia yielding no supply, they were obliged to return when they supposed themselves so far advanced, that " the discovery wanted but one day's journey of being finished." This expedition being ended, was succeeded by one of another kind. The coast was alarmed by the report of a pirate, one Dixy Bull; who, with fifteen others, being employed in the Indian trade at the eastward, had taken several boats and rifled the foit at Pcmaquid. Neal, in conjunction with the others, equipped four pinnaces and shallops, manned with forty men, being all the force that both plantations could spare, who being joined by twenty more in a bark from Boston, proceeded to Pemaquid ; but contrary winds and bad weather obliged them to return without meeting the pirates, who made their way farther to the eastward, and at length got to England ; where Bull met with his deserts. The company, on their return, hanged, at Richmond's Island, an Indian who had been concerned in the murder of an Englishman. (1633.) The next year Neal and Wiggen joined n surveying their respective patent?, and laying out the towns of Portsmouth and N'-rtham, and another UNITED STATES. 401 which was called Hampton, although no settlement had been made there. They also agreed with Whele- wright, that the plantation which he had undertaken to make at Squamscot falls, should be called Exeter; and determined the bounds between his land and them This survey was made by order of the com- pany of Laconia, who gave names to the four towns, and the transaction was duly reported to them : soon after which Neal returned to England. From a number of letters that passed between the adventurers and Gibbons their factor, and which are yet preserved, it appears that their views were chiefly turned toward the discovery of the lakes and of mines ; the cultivation of grapes, and the advan- tages of trade and fishery; and that little regard was had to agriculture, the surest foundation of all other improvements in such a country as this. They often complain of their expenses, as indeed they might with reason ; for they had not only to pay wages to their colonists, but to supply them with provisions, clothing, utensils, medicines, articles of trade, im- plements for building, husbandry and fishing, and to stock their plantations with cattle, swine, and goats. Bread was either brought from England in meal, or from Virginia in grain, and then sent to the wind-mill at Boston, there being none erected here. Very little improvement was made on the lands ; the lakes were not explored ; the vines were planted, but came to nothing; no mines were found but those of iron, and these were not wrought; three or four houses only were built within the first seven years ; the peltry trade with the Indians was of some value, and the fishery served for the sup- port of the inhabitants ; but yielded no great profit to the adventurers, who received but inadequate returns in lumber and furs. They saw their interest sinking apace, and grew dispirited ; and the major part of them either relinquished the design, or sold their shares to Mason and Gorges, who were more sanguine than the rest, and became (either by pur- chase or tacit consent of the others) the principal, if not sole proprietors. These gentlemen renewed their exertions with greater vigour, sent over a fresh supply of servants, and materials for carrying on the settlement, and (1634), appointed Francis Williams their governor. He was a gentleman of good sense and discretion ; and so very acceptable to the people, that when they combined in a body politic they continued him at their head. (1635.) The charter by which the council of Plymouth was established, had been from the be- ginning disrelished by the Virginia company ; who spared no pains to get it revoked. Their applica- tions to the king proved fruitless; but when the parliament began to enquire into the grievances of the nation, this patent was complained of as a mo- nopoly. Sir Ferdinando Gorges, being summoned, appeared before them, and both in person and by his counsel defended it in a masterly manner, but in vain ; for when the national grievances were presented to the throne, the patent of New England was the first. The council had also got into disre- pute with the high church party, for having encou- raged the settlement of the Plymouth and Massa- chusetts colonists, who fled from their persecutions. These prejudices against them, operating as dis- couragements to their undertaking, induced the coun- cil to resign thtir charter to the king; having pre- viously taken care to secure some portion of the expiring interest to such of themselves as were dis- posed to ac :ept it. The scheme they had in view was to divide tneir territory into twelve provinces, HIST. OF AMER Nos. 51 & 52. under as many proprietary governors, subject to one general governor; and they went so far as to nominate Gorges, then threescore years of age, for the person, and build a ship of war, which **? to bring him over and remain in the service of the country. But the ship fell, and broke in the launch- ing ; and their project not being sufficiently attended to by those in power, they were obliged to be con- tent with such grants as they could make of those districts, into which they had divided the country. That which was now made to Mason comprehended both his former patents, extending from Naumkeag to Pascataqua, and sixty miles northwestward within the land, together with the south half of the Isles of Shoals, and ten thousand acres at Sagadahock; saving to those already settled within these limits, the property of their lawful grants on paying "some small acknowledgement" to the proprietor. This grant was dated the 22nd of April. In June follow- ing the council surrendered their charter to the king, and in September Gorges sold to Mason a tract of land on the northeast side of the river Pascataqua, extending three miles in breadth, and following the course of the river from its mouth to its farthest head, including the sawmill which had been built at the falls of Newichwannock. But death, which puts an end- to the fairest pros- pects, cut off all the hopes which Mason h'ad enter- tained of aggrandizing his fortune, by the settlement of New Hampshire. By his last will, which he signed a few days before his death, he disposed of his American estate in the foilowing manner, viz. : To the corporation o.f Lynn Regis in Norfolk, the place of his nativity, he gave two thousand acres of land in New Hampshire, subject to the yearly rent of one penny per acre to his heirs, and two-fifths of all mines royal, on condition that five families should within five years be settled thereupon. To his bro- ther-in-law John Wallaston, three thousand acres, subject to the yearly rent of one shilling. To his grandchild Ann Tufton, ten thousand acres at Saga- dahock. To Robert Tufton, his grandson, he gave his manor of Mason Hall, on condition that he should take the surname of Mason. He also gave to his brother Wallaston in trust, one thousand acres for the maintenance of " an honest, godly, and re- ligious preacher of God's word;" and one thousand more for the support of a grammar school; each of these estates to be conveyed to feoffees in trust, and their successors, paying annually one penny per acre to his heirs. The residue of his estate in New Hampshire he gave to his grandson John Tufton, he taking the sirname of Mason, and to his lawful issue ; or in want thereof to Robert Tufton and his lawful issue; or in want thereof to Doctor Robert Mason, chancellor of the diocese of Winchester, and his lawful issue ; or in want of such issue, to his own other right heirs for ever; provided that it should not go out of the name of Mason. The residuary legatee was required to pay 5 DO/, out of his estate to his sister Mary, and all the grandchildren were to relinquish their right to 1,000/. due from this estate to their father Joseph Tufton. The estate in America was valued in the inventory at 10,0(XK. sterling. The Massachusetts planters viewed Mason as their enemy, because he with Gorges had privately en- couraged some persons whom they had censured and sent home, to petition against them as disaffected to the government; and had endeavoured to get their charter set aside, to make way for the scheme of a weneral governor. 2Y 402 THE HISTORY OF AMERICA But though Mason and Gorges had not the same religious views with the Massachusetts planters, yet their memory deserves respect. They were both heartily engaged in the settlement of the country ; they sunk their estates in the undertaking, and reaped no profit to themselves ; yet their enterprising spirit e ccited emulation in others, who had the ad- vantage of improving their plans and avoiding their mistakes. Gorges accounted for the ill success of his adventures in the following manner: 1. He began when there was no "hope of anything for the present but loss ; as he had first to seek a place ; which, being found, was a wilderness, and so gloomy was the prospect, that he could scarce procure any to go, much less to reside in it : and those whom he at length sent, could not subsist but on the provisions with which he supplied them. 2. He sought not barely his own profit, but the thorough discovery of the country; wherein he went so far (with the help of his associates) as to open the way for others to make their gain. 3. He never went in person to oversee the people whom he employed. 4. There was no settled government to punish offenders, or mispenders of their masters' goods. Two other things contributed to the disappointment in as great if not a greater degree than what he has assigned. The one was, that instead of applying themselves chiefly to husbandry, the original source of wealth and independence in such a country as this, he and his associates, being merchants, were rather intent on trade and fishing as their primary objects. These cannot be profitable in a new country, until the foundation is laid in the culture of the lands. If the lumber trade and fishery cannot now be carried on to advantage, without the constant aid of husbandry in their neighbourhood, how could a colony of traders and fishermen make profitable returns to their em- ployers, when the husbandry necessary for their sup- port was at the distance of Virginia or England? The other mistake which these adventurers fell into was the idea of lordship, and the granting of lands not as freeholds, but by leases subject to quit-rents. To settle a colony of tenants in a climate so far northward, where the charges of subsistence and improvement were much greater than the value of the lands, after the improvements were made espe- cially in the neighbourhood of so respectable and growing a colony as that of Massachusetts was in- deed a chimerical project; and had not the wiser people among them sought an union with the Mas- sachusetts, in all probability the settlements must have been deserted. Troubles at Dover Settlements of Exeter and Hamp- ton Ruin of Mason's interest Story of Underhill Combinations at Portsmouth and Dover Union of New Hampshire with Massachusetts. (1633.) While the lower plantation on the river Pascataqua lay under discouragement by the death of its principal patron, the upper settlement, though carried on with more success, had peculiar difficulties to struggle with. Two thirds of this patent belonged to some merchants of Bristol, the other third to some of Shrewsbury: and there was an agreement that the division should be made by indifferent men. Captain Wiggen, who was sent over to superintend their affairs, after about one year's residence in the country made a voyage to England, to procure more ample means for carrying on the plantation. In the mean time those of Bristol had sold their interest to the Lords Say and Broke, George Willys and Wil- liam Whiting, who continued Wiggen in the agency, and procured a considerable number of families in the west of England, some of whom were of good estates, and " of some account for religion," to come over and increase the colony. It appears from an- cient records, that Wiggen had a power of granting lands to the settlers; but, as trade was their prin- cipal object, they took up small lots, intending to build a compact town on Dover Neck, which lies between two branches of the river, and is a fine, dry, and healthy situation; so high as to command all the neighbouring shores, and afford a very extensive and delightful prospect. On the most inviting part of this eminence they built a meeting house, which was afterward surrounded with an entrenchment and flankarts, the remains of which are still visible. Wiggen also brought over William Leverich, a worthy and 'able puritan minister; but his allowance from the adventurers proving too small for his sup- port in a new country, where ail the necessaries of life were scarce and dear, he was obliged to remove to the southward, and settled at Sandwich in the colony of Plymouth. This proved an unhappy event to the people, who, being left destitute of regu- lar instruction, were exposed to the intrusions of artful impostors. (1634.) The first of these was one Burdet. He had been a minister at Yarmouth in England; but either really or pretendcdly taking offence at the extravagancies of the bishops and spiritual courts, came over to New England, and joined with the church in Salem, who employed him for a year or two as a preacher, being a good scholar and plausible in his behaviour. But, disgusted with the strictness of their discipline, he removed to Dover (1636), and continued for some time in good esteem with the peo- ple as a preacher; until, by artful insinuations, he raised such a jealousy in their minds against Wig- gen their governor, that they deprived him of his office, and elected Burdet in his place. (1637.) During his residence here, he carried on a correspondence with Archbishop Laud to the dis- advantage of the Massachusetts colony, representing them as hypocritical and disaffected, and that under pretence of greater purity and discipline in matters of religion, they were aiming at independent so- vereignty; it being accounted perjury and treason by their general court, to speak of appeals to the king. (1638.) The prelate thanked him for his zeal in the king's service, and assured him that care should be taken to redress those disorders when leisure from other concerns would permit. This letter of the archbishop was intercepted, and shewn to the governor of Massachusetts. Burdet's villany was considered as the more atrocious, because he had been admitted a freeman of their corporation, and had taken the oath of fidelity. A copy of his own letter was afterwards found in his closet. About this time the Antinomian controversy at Boston having occasioned the banishment of the principal persons of that sect, several of them re- tired to this settlement, being without the jurisdic- tion of Massachusetts. When this was known, Go- vernor Winthrop wrote to Wiggen, Burdet, and others of this plantation. " that as there had hitherto been a good correspondence between them it would be much resented if they should receive the exiles ; and intimating the intention of the general court to survey the utmost limits of their patent, and make use of them." To this Burdet returned a scornful answer refusing to give the governor his title. The governor thought of citing him to court to answer for his contempt; but was dissuaded UNITED STATES, 403 fram it by Dudley, the deputy-governor, who judged it imprudent to exasperate him, lest he should avenge himself by farther accusing them to their ene- mies in England. The governor contented himself with sending to Hilton an account of Burdet's be- haviour, inclosing a copy of his letter, and caution- ing the people not to put themselves too far under his power. His true character did not long remain secret; for being detected in some licentious actions, he made a precipitate removal to Agamenticus (now York), in the province of Maine, where he also as- sumed to rule, and continued a course of injustice and adultery till the arrival of Thomas Gorges, their governor, (1640) who laid a fine on him, and seized his cattle for the payment of it. He appealed to the king, but his appeal not being admitted, he departed for England full of enmity against these plantations. When he arrived, he found all in confusion, and falling in with the royalists was taken and imprisoned by the parliamentary party, which is the last account we have of him. One of the exiles on account of the Antinomian controversy, was John Whelewright, brother to the famous Anne Hutchinson. He had been a preacher at Braintree, which was then part of Boston, and was a gentlemo.n of learning, piety, and zeal. Hav- ing engaged to make a settlement within ten years, on the lands he had purchased of the Indians at Squamscot falls, he with a number of his adherents began a plantation there, which according to the agreement made with Mason's agents, they called Exeter. Having obtained a dismission from the church in Boston, they formed themselves into a church ; and judging themselves without the juris- diction of Massachusetts, they combined into a sepa- rate body politic, and chose rulers and assistants, who were sworn to the due discharge of their office, and the people were as solemnly sworn to obey them. Their rulers were Isaac Grosse, Nicholas Needham, and Thomas Wilson, each of whom continued in office the space of a year, having two assistants. The laws were made in a popular assembly and formally consented to by the rulers. Treason, and rebellion against the king (who is styled " the Lord's anointed"), or the country, were made capital crimes; and sedition was punishable by a fine of ten pounds, or otherwise, at the discretion of the court. This combination subsisted three years. About the same time a plantation was formed at Winnicumet, which was called Hampton. The principal inducement to the making this settlement was the very extensive salt-marsh, which was ex- tremely valuable, as the uplands wei'e not cultivated so as to produce a sufficiency of hay for the support of cattle. With a view to secure these meadows, the general court of Massachusetts had [in 1636] em- powered Mr. Dummer of Newbury, with John Spen- cer, to build a house there at the expense of the co- lony, which was to be refunded by those who should settle there. Accordingly a house was built, and commonly called the Bound-house ; though it was intended as a mark of possession rather than of limits. The architect was Nicholas Easton, who soon after removed to Rhode-Island, and built the first English house in Newport. This entrance being made, a petition was pre- sented to the court by a number of persons, chiefly from Norfolk in England, praying for liberty to settle there, which was granted them. They began the settlement by laying out a township in one hun- dred and forty-seven shares ; and having formed a church, chose Stephen Batchelor for their minister, with whom Timothy Dalton was soon after associated. The number of the first inhabitants was fifty-six. The authority of Massachusetts having established this settlement, they, from the beginning, considered it as belonging to their colony. Though the agent of Mason's estate made some objection to their pro- ceeding, yet no legal method being taken to contro- vert this extension of their claim, the way was pre- pared for one still greater, which many circumstances concurred to establish. After the death of Captain Mason, his widow and executrix sent over Francis Norton as her " general attorney ;" to whom she committed the whole ma- nagement of the estate. But the expense so far ex- ceeded the income, and the servants grew so impa- tient for their arrears, that she was obliged to relin- quish the charge of the plantation, and tell the servants that they must shift for themselves : upon which they shared the goods and cattle. Norton drove above a hundred oxen to Boston, and there sold thorn for twenty-live pounds sterling per head, which it is said was the current price of the best cattle in New- England at that time. These were of a large breed, imported from Denmark, from whence Mason had also procured a number of men skilled in sawing planks and making potashes. Having shared the stock and other materials, some of the people quitted the plantation ; others of them tarried, keeping pos- session of the buildings and improvements, which they claimed as their own ; the houses at Newich- wannock were burned ; and thus Mason's estate was ruined. These events happened between 1638 and 1644. Among the Antinomians who were banished from Boston, and took refuge in these plantations, was Captain John Underbill, in whose story will appear some very strong characteristics of the spirit of these times. He had been a soldier in the Netherlands, and was brought over to New England by Governor Winthrop, to train the people in military discipline. He served the country in the Pequod war, and was in such reputation in the town of Boston, that they had chosen him one of their deputies. Deeply tinc- tured with Antinomian principles, and possessed of a high degree of enthusiasm, he made a chief figure in the controversy; being one of the subscribers to a petition in which the court was censured, with an indecent severity, for their proceedings against Whelewright. For this offence he was disfranchised. He then made a voyage to England; and upon his return petitioned the court for 300 acres of land, which had been promised him for his former services, intending to remove after Whelewright In his petition he acknowledged his offence in condemning the court, and declared " that the Lord had brought him to a sense of his sin in that respect, so that he had been in great trouble on account thereof." On this occasion the court thought proper to question him concerning an offensive expression, which he had uttered on board the ship in which he came from England, " that the government at Boston were as zealous as the scribes and Pharisees, and as Paul before his conversion." He denied the charge, and it was proved to his face by a woman who was pas- senger with him, and whom he had endeavoured to seduce to his opinions. He was also questioned for what he had said to her of his receiving assu- rance of spiritual grace, which was, " that having long lain under a spirit of bondage, he could get no assurance ; till at length, as he was taking a pipe of tobacco, the spirit set home upon him an absolute promise of free grace, with such assurance and joy 404 THE HISTORY OF AMERICA. that he had never since doubted of his good estate, neither should he, whatever sins he might fall into." This he would neither own nor deny ; but objected to the sufficiency of a single testimony. The court committed him for abusing them with a pretended retraction, and the next day passed the sentence of banishment upon him. Being allowed the liberty of attending public worship, his enthusiastic zeal brake out in a speech, in which he endeavoured to prove " that as the Lord was pleased to convert Saul while he was persecuting, so he might manifest himself to him while making a moderate use of the good creature tobacco ; professing withal that he knew not wherein he had deserved the censure of the court." The elders reproved him for this inconsi- derate speech; and Mr. Cotton told him, " that though God often laid a man under a spirit of bon- dage while walking in sin, as was the case with Paul, yet he never sent a spirit of comfort but in an ordi- nance, as he did to Paul by the ministry of Ananias ; and therefore exhorted him to examine carefully the revelation and joy to which he pretended." The same week he was privately dealt with on suspicion of adultery, vtlrich he disregarded ; and therefore on the next sabbath was questioned for it before the church ; but the evidence not being sufficient to con- vict him, the church could only admonish him. These proceedings, civil and ecclesiastical, being finished, he removed out of their jurisdiction ; and after a while went to Dover, where he procured the place of governor in the room of Burdet. Governor Wiuthrop hearing of this, wrote to Hilton and others of this plantation, informing them of his character. Underhill intercepted the letter, and returned a bit- ter answer to Mr. Cotton ; and wrote another letter full of reproaches against the governor to a gentle- man of his family, while he addressed the governor himself in a fawning, obsequious strain, begging an obliteration of former miscarriages, and a bearing with human infirmities. These letters were all sent back to Hilton ; but too late to prevent his ad- vancement. Being settled in his government, he procured a church tt be gathered at Dover, who chose Hanserd Knollys lor their minister. He had come over from England the year before; but being an Anabaptist of the Antinomian cast, was not well received in Massachusetts, and came here while Burdet was in office, who forbad his preaching ; but Underhill, agreeing better with him, prevailed to have him chosen their minister. To ingratiate himself with his new patron, Knollys wrote in his favour to the church in Boston, styling him " The right worship- ful their honoured governor.' Notwithstanding which they cited him again to appear before them; the court granting him safe conduct. At the same time complaint was made to the chief inhabitants on the river, of the breach of friendship in advancing Underhill after his rejection ; and a copy of Knollys's k-tter was returned, wherein he had written, that " Underbill was an instrument of God for their ruin," and it was enquired whether that letter was written by the desire or consent of the people. The principal persons of Portsmouth and Dover disclaim- ed his miscarriages, and expressed their readiness to call him to account when a proper information should be presented ; but begged that no force might be sent against him. By his instigation Knollys had also written to his friends in England a calumnious let- ter against the Massachusetts planters, representing them as more arbitrary than the high commission court, and that there was no real religion in the country. A copy of this letter being sent from Eng- andto Governor Winthrop, Knollys was so ashamed at the discovery, that obtaining a licence, he went to Boston ; and at the public lecture before the go- vernor, magistrates, ministers, and the congregation, made confession of his fault, and wrote a retraction ;o his friends in England, which he left with the governor to be sent to them. Underhill was so affected with his friend's humi- liation, and the disaffection of the people of Pascata- qua to him, that he resolved to retrieve his charac- ter in the same way. Having obtained safe con- duct, he went to Boston, and in the same public manner acknowledged his adultery, his disrespect to the government, and the justice of their proceedings against him : but his confession wa? mixed with so many excuses and extenuations, that it gave no sa- tisfaction ; and the evidence of his scandalous de- portment being now undeniable, the church passed the sentence of excommunication, to which he seemed to submit, and appeared much dejected while he remained there. Upon his return, to please some disaffected per- sons, at the mouth of the river, he sent thirteen armed men to Exeter to rescue out of the officers' hands one Fish, who had been taken into custody for speaking against the king. The people of Dover forbad his coming into their coui't till they had con- sidered his crimes, and he promised to resign his place if they should disapprove of his conduct; but hearing that they were determined to remove him, he rushed into court in a passion, took his seat, ordered one of the magistrates to prison for saying that he would not sit with an adulterer, and refused to receive his dismission, when they voted it. But they proceeded to choose another governor, Roberts, and sent back the prisoner to Exeter. (1640.) A new scene of difficulty now arose. Thomas Larkham, a native of Lyme in Dorsetshire, and formerly a minister at Northam near Barns- stable, had come over to New England, and not favouring the doctrine, nor willing to submit to the discipline of the churches in Massachusetts, came to Dover; and being a preacher of good talents, eclipsed Knollys, and raised a party who determi- ned to remove him. He therefore gave way to popular prejudice, and suffered Larkham to take his place ; who soon discovered his licentious princi- ples, by receiving into the church persons of immo- ral characters, and assuming, like Burdet, the civil, as well as ecclesiastical, authority. The better sort of the people were displeased, and restored Knollys to his office, who excommunicated Larkham. This bred a riot, in which Larkham laid hands on Knol- lys, taking away his hat on pretence that he had not paid for it ; but he was civil enough afterwards to return it. Some of the magistrates joined with Larkham, and forming a court, summoned Under- hill, who was of Knollys's party, to appear befoie them, and answer to a new crime which they had to allege against him. Underhill collected his adhe- rents ; Knollys was armed with a pistol, and another had a bible mounted on a halbert for an ensign. In this ridiculous parade they marched against Larkham arid his party, who prudently declined a combat, and sent down the river to Williams the governor, at Portsmouth, for assistance. He came up in a boat with an armed party, beset Knollys' house where Underhill was, guarded it night and day till a court was summoned, and then, Williams sitting as judge, Underhill and his company were found guilty of a riot, and after being fined, were UNITED STATES. 405 banished the plantation. The new crime which Larkham's party alleged against Underbill was, that he had been secretly endeavouring to persuade the inhabitants to offer themselves to the government of Massachusetts, whose favour he was desirous to pur- chase by these means, as he kcew that their view was to extend their jurisdiction as far as they ima- gined their limits reached, whenever they should find a favourable opportunity. The same policy led him, with his party, to send a petition to Boston, praying for the interposition of the government in their case : in consequence of which the governor and assistants commissioned Simon Bradstreet, Esq., with the famous Hugh Peters, then minister of Salem, and Timothy Dalton of Hampton, to enquire into the matter, and effect a reconciliation, or cer- tify the state of things to them. These gentlemen travelled on foot to Dover, and finding both sides in fault, brought the matter to this issue, that the one party revoked the excommunication, and the other the fines and banishment. In the heat of these disputes, a discovery was made of Knollys' failure in point of chastity. He acknowledged his crime before the church ; but they dismissed him, and he returned to England, where he suffered by the severity of the long parliament in 1644 ; and being forbidden to preach in the churches, opened a separate meeting in Great St. Helen's, from which he was soon dislodged, and his followers dispersed. He also suffered in the cause of non- conformity in the reign of King Charles the second, and at length (as it is said) died " a good man, in a good old age," September 19, 1691, aged ninety- three. Underbill having finished his career in these parts, obtained leave to return to Boston, and finding ho- nesty to be the best policy, did in a large assembly at the public lecture, and during the sitting of the court, make a full confession of his adultery and hypocrisy, his pride and contempt of authority, justifying the church and court in all that they had done against him, declaring that his pretended assu- rance had failed him, and that the terror of his mind had at some times been so great, that he had drawn his sword to put an end to his life. The church be- ing now satisfied, restored him to their communion. The court, after waiting six months for evidence of his good behaviour, took off his sentence of banish- ment, and released him from the punishment of his adultery : the law, which made it capital, having been enacted after the crime was committed, could not touch his life. Some offers being made him by the Dutch at Hudson's river, whose language was fami- liar to him, the church of Boston hired a vessel to transport him and his family thither, furnishing them with all necessaries for the voyage. The Dutch governor gave him the command" of a company of an hundred and twenty men, and he was very ser- viceable in the wars which that colony had with the Indians, having, it is said, killed one hundred and fifty on Long Island, and three hundred on the Main. He continued in their service till his death. We find in this relation a striking instance of that species of false religion, which, having its seat in the imagination, instead of making the heart better, and reforming the life, inflames the passions, stupifies reason, and produces the wildest effects in the behaviour. The excesses of enthusiasm have often been observed to lead to sensual gratifica- tions ; the same natural fervour being sufficient to produce both. It cannot be strange, that they who decry morality should indulge such gross and scan- dalous enormities as are sufficient to invalidate all those evidences of their religious character on which they lay so much stress. But it is not so surprising that men should be thus misled, as that such frantic zealots should ever be reduced to an acknowledgment of their offences; which in this instance may be ascribed to the strict discipline then practised in the churches of New England. The people of Dover and Portsmouth during all this time had no power of government delegated from the crown : but finding the necessity of some more determinate form than they had yet enjoyed, combined themselves each into a body politic after the example of their neighbours at Exeter. The inhabitants of Dover, by a written instrument, signed by forty-one persons, agreed to submit to the laws of England, and such others as should be enacted by a majority of their number, until the royal pleasure should be known. The date of the combination at Portsmouth is uncertain, their first book of records having been destroyed [in 1052], after copying out what they then thought proper to preserve. Williams, who had been sent over by the adventurers, was by annual suffrage continued go- vernor of the place, and with him were associated Ambrose Gibbons and Thomas Warnerton in qua- lity of assistants. During this combination, a grant of fifty acres of land for a glebe was made by the governor and inhabitants to Thomas Walford and Henry Sherburne, churchwardens, and their suc- cessors for ever, as feoffees in trust; by virtue of which grant the same land is still held, and being let on long leases, a considerable part of the town of Portsmouth is built upon it. At this time they had a parsonage house and chapel, and had chosen Richard Gibson for their parson, the patronage be- ing vested in the parishioners. Gibson was sent from England as minister to a fishing plantation belonging to one Trelawney. He was " wholly addicted to the hierarchy and discipline of England, and exercised his ministerial function" according to the ritual. He was summoned before the court at Boston for " scandalizing the government there, and denying their title ;" but upon his submission, they discharged him without fine or punishment, being a stranger, and about to depart the country. After his departure the people of Portsmouth had James Parker for their minister, who was a scholar, and had been a deputy in the Massachusetts court. After him they had one Browne ; and Samuel Dud- ley, a son of Deputy-governor Dudley; but these were only temporary preachers, and they did not obtain the regular settlement of a minister for many years. Four distinct governments (including one at Kit- tery on the north side of the river) were now formed on the several branches of Pascataqua. These com- binations being only voluntary agreements, liable to be broken or subdivided on the first popular dis- content, there could be no safety in the continuance of them. The distractions in England at this time had cut off all hope of the royal attention, and the. people of the several settlements were too much divided in their opinions to form any general plan, of government which could afford a prospect of per- manent utility. The more considerate persons among them, therefore, thought it best to treat with Ma--, sachusetts about taking them under their protection. That government was glad of an opportunity to realize the construction which they had put upon the clause of their charter, wherein their northern limits are defined. For a line drawn from east to, THE HISTORY OF AMERICA. west at the distance of " three miles to the north- ward of Merriraack river, and of any and evely part thereof," will take in the whole province of New Hampshire, and the greater part of the province of Maine, so that both Mason's and Gerges's patents must have been vacated. They had already inti- mated their intention to run this east, and west line, and presuming on the justice of their claim, they readily entered into a negociation with the principal settlers of Pascataqua respecting their incorporation with them. (1641.) The affair was more than a year in agitation, and was at length concluded by an instrument subscribed in the presence of the ge- neral court by George Willys, Robert Saltonstall, William Whiting, Edward Holiock, and Thomas Makepeace, in behalf of themselves and the oilier partners of the two patents ; by which instrument they resigned the jurisdiction of the whole to Massa- chusetts, on condition that the inhabitants should enjoy the same liberties with their own people, and have a court of justice erected among them. The property of the whole patent of Portsmouth, and of one-third part of that of Dover, and of all the im- proved lands therein, was reserved to the lords and gentlemen proprietors, and their heirs for ever. The court, on their part, consented that the in- habitants of these towns should enjoy the same pri- vileges with the rest of the colony, and have the same administration of just-ice as in the courts of Salem and Ipswich; that they should be exempted from all public charges, except what should arise among themselves, or for their own peculiar benefit; that they should enjoy their former liberties of fish- ing, planting, and felling timber ; that they should send two deputies to the general court; and that the same persons who were authorised by their com- binations to govern them, should continue in office till the commissioners named in this order should arrive at Pascataqua. These commissioners were invested with the power of the quarter courts of Sa- lem and Ipswich, and at their arrival they constituted Francis Williams, Thomas Warnerton and Ambrose Gibbons of Portsmouth, Edward Hilton, Thomas Wiggen, and William Waldron of Dover, magis- trates, who were confirmed by the general court. (1642.) By a subsequent order a very extraordi- nary concession was made to these towns, which shews the fondness that government had of retaining them under their jurisdiction. A test, had been es- tablished by law, but it was dispensed with in their favour; their freemen were allowed to vote in town affairs, and their deputies to sit in the general court though they were not church members. The people of Dover being left destitute of a mi- nister by the sudden departure of Larkham, wh took this method to avoid the shame which would have attended the discovery of a crime similar to that for which Knollys had been dismissed, wrote to the Massachusetts for help. The court took care to send them Daniel Maud, who had been a minister in England. He was an honest man, and of a quiet and peaceable disposition, qualities much wanting in all his predecessors. Larkham returned to Eng- land, where he continued to exercise his ministry till ejected by the act of uniformity in 1662, from Tavistock in Devon. He is said to have been " well known there for a man of great piety and sincerity," and died in 1 669, aged 68. The inhabitants of Exeter had hitherto continued their combination ; but finding themselves compre- hended within the claim of Massachusetts, and being weary of their inefficacious mode of government, they petitioned the court, and ware readily admitted un- der their jurisdiction. William Wenborne, Robert Smith, and Thomas Wardhall were appointed their magistrates; and they were annexed to the county of Essex. Upon this, Whelewright, who was still under sentence of banishment, with those of his church who were resolved to adhere to him, removed into the province of Maine, and settled at Wells, where his posterity yet remain. He was soon after re- stored, upon a slight acknowledgment, to the free- dom of the colony, and removed to Hampton, of which church he was minister for many years, until he went to England, where he was in favour with Cromwell : but after the restoration, he returned and settled at Salisbury, where he died in 1680. (1644.) After his departure from Exeter, an attempt was made by the remaining inhabitants to form themselves into a church, and they called the aged Ste- phen Batchelor to the ministry, who had been dis- missed from Hampton for his irregular conduct. But the general court here interposed and sent them a solemn prohibition, importing " that their divi- sions were such that they could not comfortably, and with approbation, proceed in so weighty and sacred affairs," and therefore directing them " to de- fer gathering a church, or any other such proceed- ing, till they or the court at Ipswich, upon further satisfaction of their reconciliation and fitness, should give allowance therefor." Such a stretch of power which would now be looked upon as an infringement of Christian liberty, was agreeable to the principles of the first fathers of New England, who thought that civil government was established for the defence and security of the church against error both doctrinal and moral. In this sentiment they were not singular, it being univer- sally adopted by the reformers, in that and the pre- ceding age, as one of the fundamental principles of their separation from the Romish church, and ne- cessary to curtail the claims of her Pontiff, who as- sumed a supremacy over " the kings of the earth." Observations on the principles and conduct of the first planters of New England. Causes of their removal. Their fortitude. Religious sentiments. Care of their posterity. Justice. Laws. Theocratic pre- judices. Intolerance and persecutions. AN union having been formed between the settle- ments on Pascataqua and the colony of Massachu- setts, their history for the succeeding forty years is in a great measure the same : and as many of the people in New Hampshire had the same principles, views, and interests, with the other people of New England, we shall make such observations, and in- tersperse such historical facts, as may illustrate the subject. In the preceding century the holy scriptures, which had long lain hid in the rubbish of monastic libraries, were brought to public view by the happy invention of printing ; and as darkness vanishes be- fore the rising sun, so the light of divine truth began to dissipate those errors and superstitions in which Europe had long been involved. At the same time a remarkable concurrence of circumstances gave pe- culiar advantage to the bold attempt of Luther, to rouse Germany from her inglorious subjection to the Roman Pontiff, and effectuate a reformation, which soon spread into the neighbouring countries. But so intimately were the political interests of king- doms and states blended with religious prejudices, that the work, though happily begun, was greatly blemished and impeded. UNITED STATES. 407 Henry the Eighth of England took advantage of this amazing revolution in the minds of men, to throw off the papal yoke, and assert his native claim to independence. But so dazzling was the idea of power, and the example of the first Christian princes who had exercised a superintendency in spirituals as well as temporals, that he transferred to himself that spiritual power which had been usurped and exercised by the bishops of Rome, and set up him- self as supreme head on earth of the church of Eng- land ; commanding both clergy and laity in his do- minions to swear allegiance to him in this newly assumed character. This claim was kept up by his son and successor, Edward the Sixth, in whose reign the reformation gained much ground ; and a service-book was pub- lished by royal authority as the standard of worship and discipline for his subjects. This excellent prince was taken out of the world in his youth ; and his sister Mary, who then came to the throne, restored the supremacy to the pope, and raised such fiery per- secution against the reformers, that many of them fled into Germany and the Netherlands, where they departed from that uniformity which had been esta- blished in England, and became divided in their sentiments and practice respecting ecclesiastical af- fairs : the native effect of that just liberty of con- science which they enjoyed abroad, pursuing their own enquiries according to their respective measures of light; uninfluenced by secular power, or the hope of acquiring dignities in a national establishment. The accession of Elizabeth inspired them with new hopes ; and they returned home, resolving to attempt the reformation of the church of England, agreeably to the respective opinions which they had embraced in their exile. But they soon found that the queen, who had been educated in the same manner with her brother Edward, was fond of the establishment made in his reign, and was strongly prejudiced in favor of pomp and ceremony in religious worship. She asserted her supremacy in the most absolute terms, and erected a high commission court with jurisdic- tion in ecclesiastical affairs. Uniformity being rigo- rously enjoined and no abatement or allowance made for tender consciences (though it was conceded that the ceremonies were indifferent) a separation from the establishment took place. Those who were de- sirous of a farther reformation from the Romish su- perstitions, and of a more pure and perfect form of religion, were denominated Puritans ; whose prin- ciples, as distinguished from those of the other reformers who were in favour with the queen, are thus represented. " The queen and court reformers held, 1. Tha every prince had the sole authority to correct al abuses of doctrine and worship within his own terri- tories. 2. That the church of Rome was a true church, though corrupt in some points of doctrine and government ; that all her ministrations were valid, and that the pope was a true bishop of Rome, though not of the universal church. 3. That the scriptures were a perfect rule of faith, but not a standard of discipline ; and that it was left to the discretion of the Christian magistrate, to accommodate the government of the church to the policy of the state. 4. That the practice of the primitive church for the first four or five centuries, was a proper standard of church government and discipline ; anc in some respects better than that of the apostles, which was only accommodated to the infant state o the church, while it was under persecution ; whereas the other was suited to the grandeur of a nationa" stablishment 5. That things indifferent in their iwn nature, as rites, ceremonies, and habits, might >e settled, determined and made necessary, by the ommand of the civil magistrate, and that in such cases it was the duty of the subject to observe them. ' On the other hand, the Puritans, 1 . Disowned all foreign jurisdiction over the church, but could not admit of that extensive power which the crown claimed by the supremacy. However, they took the oath, with the queen's explication, as only restoring icr majesty to the ancient and natural rights of sovereign princes over their subjects. 2. They held the pope to be antichrist, the church of Rome a false church, and all her ministrations superstitious and dolatrous. 3. That the scriptures were a standard of discipline as well as doctrine, and if there was need of a discretionary power, it was vested not in the magistrate, but in the officers of the church, 4. That the form of government ordained by the apostles was aristocratical, and designed as a pattern to the church in after ages, not to be departed from in its main principles. 5. That those things which Christ hath left indifferent ought not to be made ne cessary ; and that such rites and ceremonies as had been abused to idolatry and superstition, and had a manifest tendency to lead men back thereto, were no longer indifferent but unlawful. " Both parties agree too well in asserting the ne- cessity of uniformity in public worship, and of using the sword of the magistrate for the support and de fence of their respective principles ; which they made an ill use of in their turns, whenever they could grasp it in their hands. The standard of uniformity according to the bishops, was the queen's supremacy and the laws of the land ; according to the Puritans, the decrees of national and provincial synods, al lowed and enforced by the civil magistrate. Neither party were for admitting that liberty of conscience and freedom of profession which is every man's right, so far as is consistent with the peace of civil government. Upon this fatal rock of uniformity, was the peace of the church of England split." It is melancholy to observe what mischiefs were caused by the want of a just distinction between civil and ecclesiastical power, and by that absurd zeal for uniformity, which kept the nation in along ferment, and at length burst out into a blaze, the fury of which was never thoroughly quelled till the happy genius of the revolution gave birth to a free and equitable toleration, whereby every man was restored to the natural right of judging and acting for himself in matters oi' religion. All the celebrated wisdom of Elizabeth's government could not devise an expe- dient so successful. Though her reign was long and prosperous, yet it was much stained with oppression and cruelty toward many of her best subjects ; who, wearied with ineffectual applications, waited the ac cession of James, from whom they expected moro favour, because he had been educated in the presby- terian church of Scotland, and professed a high ve- neration for that establishment. But they soon found that he had changed his religious principles with his climate, and that nothing was to be expected from a prince of so base a character, but insult and contempt. In the beginning of his reign a great number of the Puritans removed into Holland, where they formed churches upon their own principles. But not relishing the manners of the Dutch, after twelve years they projected a removal to America, and laid the foundation of the colony of Plymouth. The spirit of uniformity still prevailing in England, and being carried to the greatest extent, in the reign of 408 THE HISTORY OF AMERICA. Charles the First, by that furious bigot Archbishop Laud, many of the less scrupulous, but conscientious members of the church of England, who had hitherto remained in her communion, seeing no prospect of rest or liberty in their native country, followed their brethren to America, and established the colony of Massachusetts, from which proceeded that of Con- necticut. By such men, influenced by such motives, were the principal settlements in New England effected. The fortitude and perseverance which they exhibited therein will always render their memory dear to their posterity. To prepare for their enterprize, they had to sell their estates, some of which were large and valuable, and turn them into materials for a new plantation, with the nature of which they had no ac- quaintance, and of which they could derive no know- ledge from the experience of others. After traversing a wide ocean they found themselves in a country full of woods, to subdue which required immense labour and patience ; at a vast distance from any civilized people ; in the neighbourhood of none but ignorant and barbarous savages ; and in a climate, where a winter much more severe than they had been accus- tomed to, reigns for a third part of the year. Their stock of provisions falling short, they had the dread- ful apprehension of perishing by famine, one half of their number dying before the first year was com- pleted ; the ocean on one side separated them from their friends, and the wilderness on the other pre- sented nothing but scenes of horror, which it was impossible for them to conceive before they endured them. But under all these difficulties, they maintained a steady and pious resolution ; depending on the pro- vidence of the Supreme Ruler, and never repenting the business on which they had come into this wil- derness. As purity in divine administrations was the professed object of their undertaking, so they immediately set themselves to form churches, on what they judged the gospel plan. To be out of the reach of prelatic tyranny, and at full liberty to pursue their own enquiries, and worship God according to their consciences, (which had been denied them in their own country) was esteemed the greatest of blessings, and sweetened every bitter cup which they were obliged to drink. They always professed that their principal design was to erect churches on the primi- tive model, and that the consideration of temporal interest and conveniency had but the second place in their views. In the doctrinal points of religion they were of the same mind with their brethren of the church of England, as expressed in their articles. The Mas- sachusetts planters left behind them, when they oailed, a respectful declaration importing that they did not consider the church of England as anti- christian, but only withdrew from the imposition of unscriptural terms of communion. Some of the Plymouth planters had embraced the narrow prin- ciples of the Brownists, the first who separated from the church of England; but by the improvements which they made in religious knowledge under the instruction of the renowned John Robinson, their pastor in Holland, they were in great measure cured of that sour leaven. The congregational system of church government was the result of the studies of that truly pious, learned, humble, and benevolent divine, who seems to have had more of the genuine spirit of the reformation, and of freedom from bigo- try, than any others in his day. His farewell charge to those of his flock, who were embarking in Holland for America, deserves to be had in perpetual remembrance. "Brethien (said he), we are now quickly to part from one another, and whether 1 may ever live to see your face on earth any more, the" God of heaven only knows: but whether the Lord hath appointed that or no, I charge you be- fore God and his blessed angels that you follow me no further than you have seen me follow the Lord Jesus Christ. If God reveal any thing to you by any other instrument of his, be as ready to receive it, as ever you were to receive any truth by my ministry; for I am verily persuaded, I am very con- fident, the Lord has more truth yet to break forth out of his holy word. For my part, I cannot suffi- ciently bewail the condition of the reformed churches, who are come to a period in religion, and will go at present no farther than the instruments of their re- formation. The Lutherans cannot be drawn to go beyond what Luther saw ; whatever part of his will our good God has revealed to Calvin, they will ra- ther die than embrace it. And the Calvinists you see stick fast where they were left by that great man of God, who yet saw riot all things. This is a misery much to be lamented ; for though they were burning and shining lights in their times, yet they penetrated not into the whole counsel of God; but were they now living, would be as willing to embrace farther light, as that which they at first received. I beseech you to remember it as an article of your church co- venant, ' That you be ready to receive whatever truth shall be made known to you from the written word of God.' Remember that, and every other article of your sacred covenant. But I must here- withal exhort you to take heed wha* you receive as truth. Examine, consider, and compare it with other scriptures of truth, before you receive it ; for it is not possible the Christian world should come so lately out of such thick antichristian darkness, and that perfection of knowledge should break forth at once." It is much to be regretted that this excel- lent man did not live to reach New England, and to diffuse more generally such truly catholic and apos- tolic principles. Many of the first planters of New England were peisons of good education, and some of them emi- nent for their abilities and learning. Such men could not but see the necessity of securing to their posterity the advantages which they had so dearly purchased. One of their first concerns was to have their children considered, from their earliest years, as subjects of ecclesiastical discipline. This became a matter of controversy, and was largely discussed in sermons and pamphlets, and at length determined by the authority of a synod. A regular course of academical learning was a point of equal importance, and admitted of no dispute. They saw that the re- putation and happiness of the whole country de- pended greatly upon it. They therefore took early care for the establishment of schools, and within ten years from their first settlement, founded a college at Cambridge, which from small beginnings, by the munificence of its patrons, has made a distinguished figure in the republic of letters. Many eminent men have there been formed for the service of the church and state : and without this advantage the country could not have arrived, in so short a time, at its pre- sent respectable state; nor have been furnished with men capable of filling the various stations of useful- ness, and of defending civil and religious liberty. Though the first planters derived from the royal grants and charters a political right, as subjects" of the crown of England, to this territory; yet they UNITED STATES. 400 did not think themselves justly entitled to the pro- perty of it till they had fairly purchased it of its native lords, and made them full satisfaction. Nor did they content themselves with merely living peaceably among them, but exerted themselves vigorously in endeavouring their conversion to Christianity, which was one of the obligations of their patent, and one of the professed designs of their settlement m this country. This duty was strictly performed, and the names of Eliot and Mayhew will always be remembered as unwearied instruments in promo- ting it. Great care was taken by the govern- ment to prevent fraud and injustice toward the In- dians in trade, or violence to their persons. The nearest of the natives were so sensible of the justice of their English neighbours, that they lived in a state of peace with them, with but little interruption, for above fifty years. Slavery was thought so inconsistent with the na- tural rights of mankind, and detrimental to society, that an express law was made, prohibiting the buy- ing or selling of slaves, except those taken in lawful war, or reduced to servitude for their crimes by a judicial sentence ; and these were to have the same privileges as were allowed by the laws of Moses. There was a remarkable instance of justice in the execution of this law, in 1645, when a Negro who had been fraudulently brought from the coast of Africa, and sold in the country, was by the special interposition of the general court taken from his master in order to be sent home to his native land. How long after this the importation of blacks con- tinued to be disallowed is uncertain ; but if the same resolute justice had always been observed, it would have been much for the credit and interest of the country; and their own struggles for liberty would not have carried so flagrant an appearance of incon- sistency. Severe laws conformable to the principles of the laws of Moses were enacted against all kinds of im- morality. Blasphemy, idolatry, adultery, unnatural lusts, rape, murder, manstealing, false witness, re- bellion against parents, and conspiracy against the commonwealth, were made capital crimes; and be- cause some doubted whether the magistrate could punish breaches of the four first commands of the decalogue, this right was asserted in the highest tone, and the denial of it ranked among the most pestilent heresies, and punished with banishment. By the severity and impartiality with which those laws were executed, intemperance and profaneness were so effectually discountenanced that Hugh Peters, who had resided in the country twenty years, de- clared before the parliament that he had not seen a drunken man, nor heard a profane oath during that period. The report of this extraordinary strictness, while it invited many of the best men in England to come over, kept them clear of those wretches who fly from one country to another to escape the pu- nishment of their crimes. The professed design of the plantation being the advancement of religion, and men of the strictest morals being appointed to the chief places of go- vernment, their zeal for purity of every kind carried them into some refinements in their laws, which are not generally supposed to come within the sphere of the magistracy, and in larger communities could scarcely be attended to in a judicial way. The drinking of healths, and the use of tobacco, were forbidden, the former being considered as an heathenish and ido- latrous practice, grounded on the ancient libations ; the other as a. species of intoxication and waste of time. Laws were instituted to regulate the inter- course between the sexes, and the advances toward matrimony : they had a ceremony of betrothing, which preceded that of marriage. Pride and levity of behaviour came under the cognizance of the ma- gistrate. Not only the richness but the mode of dress, and cut of the hair, were subject to state re- gulations. Women were forbidden to expose their arms or bosoms to view ; it was ordered that their sleeves should reach down to their wrist, and their gowns be closed round their neck. Men were obliged to cut short their hair, that they might not resemble women. No person not worth two hundred pounds was allowed to wear gold or silver lace, or silk hoods and scarfs. Offences against these laws were pre- sentable by the grand jury ; and those who dressed above their rank were to be assessed accordingly. Sumptuary laws might be of use in the beginning of a new plantation; but these pious rulers had more in view than the political good. They were not only concerned for the external appearance of sobriety and good order, but thought themselves obliged, so far as they were able, to promote real religion, and enforce the observance of the divino precepts. As they were fond of imagining a near resem- blance between the circumstances of their settlement in this country, and the redemption of Israel from Egypt or Babylon ; it is not strange that they should also look upon their " commonwealth as an institu- tion of God for the preservation of their churches, and the civil rulers as both members and fathers of them." The famous John Cotton, the first minister in Boston, was the chief promoter of this sentiment. When he arrived in 1633, he found the people di- vided in their opinions. Some had been admitted to the privileges of freemen at the first general court, who were not in communion with the churches ; after this an order was passed, that none but mem- bers of the churches should be admitted freemen ; whereby all other persons were excluded from every office or privilege, civil or military. This great man, by his eloquence, confirmed those who had embraced this opinion, and earnestly pleaded " that the government might be considered as a theocracy, wherein the Lord was judge, lawgiver, and king ; that the laws which he gave Israel might be adopted, so far as they were of moral and perpetual equity ; that the people might be considered as God's people in covenant with him; that none but persons of approved piety and eminent gifts should be chosen rulers ; that the ministers should be consulted in all matters of religion ; and that the magistrate .should have a superintending and coercive power over the churches." At the desire of the court, he compiled a system of laws, founded chiefly on the laws of Moses, which was considered by the legislative- body as the general standard ; though they never formal- ly adopted it, and in some instances varied from it. These principles were fundamentally the same with those on which were grounded all the persecu- tions which they had endured in England, and na- turally led to the same extremes of conduct which they had so bitterly complained of in those civil and ecclesiastical rulers, from whose tyranny they had fled into this wilderness. They had already pro- ceeded a step farther than the hierarchy had ever attempted. No test-law had as yet taken place in England ; but they had at one blow cut off all but those of their own communion from the privileges of civil offices, however otherwise qualified. They thought that as they had suffered so much in laying 410 THE HISTORY OF AMERICA. the foundation of a new state, which was supposed I judge of what is agreeable or contrary to the gospel ? to be " a model of the glorious kingdom of Christ If the magistrate, then there is only a liberty to be* on earth," they had an exclusive right to all the honours and privileges of it ; and having the power in their hands, they effectually established their pretensions, and made all dissenters and disturbers feel the weight of their indignation. In consequence of the union thus formed between the church and state on the plan of the Jewish theo- cracy, the ministers were called to sit in council, and give their advice in matters of religion and cases of conscience which came before the court, and without them they never proceeded to any act of an ecclesiastical nature. As none were allowed to vote in the election of rulers but freemen, and freemen must be church members; and as none could be admitted into the church but by the elders, who first examined, and then propounded them to the breth- ren for their vote, the clergy acquired hereby a vast ascendency over both rulers and people, and had in effect the keys of the state as well as the church in their hands. The magistrates, on the other hand, regulated the gathering of churches, interposed in the settlement and dismission of ministers, arbitrated in ecclesiastical controversies, and controled syno- dical assemblies. This coercive power in the ma- gistrate was deemed absolutely necessary to preserve " the order of the gospel." The principle on which this power is grounded is expressed in the Cambridge Platform in terms as mild as possible. " The power and authority of magistrates is not for the restraining of churches, or any other good works, but for the helping in and furthering thereof, and therefore the consent and countenance of magistrates, when it may be had, is not to be slighted or lightly esteemed ; but, on the contrary, it is a part of the honour due to Christian magistrates to desire and crave their consent and approbation therein: which being obtained, the churches may then proceed in their way with much more encouragement and comfort." This article (like many others in that work) is curiously and artfully drawn up, so that there is an appearance of liberty and tenderness, but none in reality : for al- though the magistrate was not to restrain any good works, yet he was to be the judge of the good or evil of the works to be restrained; and what security could churches have that they should not be re- strained in the performance of what they judged to be good works ? They might indeed think them- selves safe, while their rulers were so zealous for the purity of the churches of which themselves were members, and while their ministers were consulted in all ecclesiastical affairs ; but if the civil powers had acted without such consultation, or if the mi- nisters had been induced to yield to the opinion of the magistrates, when contrary to the interest of the churches, what then would have become of religious liberty ? The idea of liberty in matters of religion was in that day strangely understood, and mysteriously ex- pressed. The venerable Higginson of Salem, in his sermon on the day of the election 1663, speaks thus : " The gospel of Christ hath a right paramount all rights in the world ; it hath a divine and supreme right to be received in every nation, and the knee of magistracy is to bow at the name of Jesus. This right carries liberty along with it, for all such as pro- fess the gospel, to walk according to the faith and order of the gospel. That which is contrary to the gospel hath no right, and therefore should have no liberty." Here the question arises, who is to be the only a liberty lieve and practice what the magistrate thinks right. A similar sentiment occurs in the sermon of the learned President Oakes on the same occasion in 1673; " The outcry of some is for liberty of con- science, this age. This is the But remem great Diana of the libertines of iber, that as long as vou have liberty to walk in the faith and order of the gospel, and may lead quiet and peaceable lives in all godli- ness and honesty, you have as much liberty of con- science as Paul desired under any government." Here the question recurs, would Paul have submitted to walk according to the opinion which the magis- trate might entertain of the faith and order of the gospel ? But this was all the freedom allowed by the spirit of these times. Liberty of conscience and to- leration were offensive terms, and they who used them were supposed to be the enemies of religion and government. " I look upon toleration (says the same author) as the first born of all abominations ; if it should be born and brought forth among us, you may call it Gad, and give the same reason that Leah did for the name of her sou, Behold a troop cometh, a troop of all manner of abominations." In another of these election sermons, (which may generally be accounted the echo of the public voice, or the politi- cal pulse by which the popular opinion may be felt) it is shrewdly intimated that toleration had its origin from the devil, and the speech of the demoniac who cried out, " what have we to do with thee, let us alone, thou Jesus of Nazareth," is styled " Sa'an's plea for toleration." The following admonition to posterity, written by the Deputy-Governor Dudley, is another specimen : " Let men of God in courts and churches watch O'er such as do a toleration hatch ; Lest that ill egg bring forth a cockatrice, To poison all with heresy and vice. If men be left and otherwise combine, My epitaph's I die no libertine." The champion of these sentiments was Cotton, who though eminently meek, placid and charitable, yet was strongly tinctured with the prevailing opinion, that the magistrate had a coercive power against heretics. The banishment of Roger Williams, mi- nister of Salem, occasioned a vehement controversy on this point. Williams having written in favour of liberty of conscience, and styled the opposite prin- ciple " the bloody tenet ;" was answered by Cotton, who published a treatise in 1647, with this strange title, " The bloody tenet washed, and made white in the blood of the Lamb." In this work he labours to prove the lawfulness of the magistrate's using the civil sword to extirpate heretics, from the commands given to the Jews to put to death all blasphemers and idolaters. To the objection, that persecution serves to make men hypocrites, he says, " better tolerate hypocrites and tares than briars and thorns. In such cases the civil sword doth not so much attend the conversion of seducers, as the preventing the seduction of honest minds by their means." He al- lows indeed that " the magistrate ought not to draw the sword against seducers till he have used all good means for their conviction : but if after their con- tinuance in obstinate rebellion against the light, he shall still walk toward them in soft and gentle com- miseiation, his softness and gentleness is excessive large to foxes and wolves ; but his bowels are miser- ably straitened and hardened against the poor sheep and lambs of Christ. Nor is it frustrating the end UNITED STATES. 411 of Christ's coming, which was to save souls, but a direct advancing it, to destroy, if need be, the bodies of those wolves, who seek to destroy the souls of those for whom Christ died." In pursuing his argu- ment he refines so far as to deny that any man is to be persecuted on account of conscience " till, being convinced in his conscience of his wickedness, he do stand out therein, not only against the truth, but against the light of his own conscience, that so it may appear he is not persecuted for cause of con- science, but punished for sinning against his own conscience." To which he adds, " sometimes it may be an aggravation of siu both in judgment and prac- tice that a man committeth it in conscience." After having said that it was toleration which made the world antichristian, he concludes his book with this singular ejaculation, " the Lord keep us from being bewitcheu with tlie whore's cup, lest while we seem to reject her with open i'ace of profession, we bring her in hy a back door of toleration ; and so come to drink deeply of the cup of the Lord's wrath, and be filled with her plagues." But the strangest language that ever was used on this or perhaps on any other subject, is to be found in a book printed in 1645, by the humorous Ward of Ipswich, entitled, " the Simple Cobler of Agawam." " My heart (says he) hath naturally detested four things ; the standing of the Apocrypha in the Bible : foreigners dwelling in my country, to crowd out na- tive subjects into the corners of the earth : alchy- inized coins : toleration of divers religions or of one religion in segregant shapes. He that willingly assents to the last, if he examines his heart by day- light, his conscience will tell him, he is either an atheist, or an heretic, or an hypocrite, or at best a captive to some lust. Polypiety is the greatest im- piety in the world. To authorize an untruth by toleration of the state, is to build a sconce against the walls of heaven, to batter God out of his chair. Persecution of true religion and toleration of false are the Jannes and Jambres to the kingdom of Christ, whereof the last is by far the worst. He that is will- ing to tolerate any unsound opinion, that his own may be tolerated though never so sound, will for a need, hang God's bible at the devil's girdle. It is said that men ought to have liberty of conscience, and that it is persecution to debar them of it : I can rather stand amazed than reply to this ; it is an astonishment that the brains of men should be par- boiled in such impious ignorance." From these specimens (of which the reader will think he has had enough), it is easy to see how deeply the principle of intolerancy was rooted in the minds of the first settlers. Had it stood only in their books as a subject of speculation, it might have been excused, considering the prejudices of the times but it was drawn out into fatal practice, and caused severe persecutions, which cannot, be justified con sistently with Christianity or true policy. What ever may be said in favour of their proceedings against the Antinomians, whose principles had such an effect on the minds of the people as materially affected the foundations of government, in the in- fancy of the plantation ; yet the Anabaptists and Quakers were so inconsiderable for numbers, and th colony was then so well established, that no dangei could have been rationally apprehended to the com- monwealth from them. Rhode Island was settlec by some of the Antinomian exiles on a plan of en tire religious liberty : men of every denomination being equally protected and countenanced, and en joying the honours and offices of government. The Anabaptists, fined and banished, flocked to that new settlement, and many of the Quakers also took re- fuge there ; so that Rhode Island was in those days "ooked upon as the drain or sink of New England : ind it has been said that "if any man had lost his eligion, he might have found it there, among such i general muster of opinionists." Notwithstanding his invective, it is much to the honour of that go- vernment, that there never was an instance of per- secution for conscience sake countenanced by them. Rhode IslariM and Pennsylvania afford a strong proof that toleration conduces greatly to the settle- ment and increase of an infant plantation. The Quakers at first were banished; but this pro- ing insufficient, a succession of sanguinary laws were enacted against them, of which imprisonment, whipping, cutting off the ears, boring the tongue with an hot iron, and banishment on pain of death, were the terrible punishments. In consequence of these laws four persons were put to death at Boston, bear- 'ug their punishment with patience and fortitude; solemnly protesting that their return from banish- ment was by divine direction, to warn the magis- trates of their errors, and intreat them to repeal their cruel laws; denouncing the judgments of God upon them; and foretelling that if they should put them to death, others would rise up in their room to fill their hands with work. After the execution of the fourth person, an order from King Charles the Second, procured by their friends in England, put a stop to capital executions. Impartiality will not suffer a veil to be drawn over these disgraceful transactions. The utmost that has been pleaded in favour of them, cannot ex- cuse them in the eye of reason and justice. The Quakers, it is said, were heretics; their principles appeared to be subversive of the gospel, and deroga- tory from the honour of the Redeemer. Argument and scripture were in this case the proper weapons to combat them with; and if these had failed of suc- cess, they must have been left to the judgment of an omniscient and merciful God. They were com- plained of as disturbers of the peace, revilers of ma- gistracy, ''malignant and assiduous promoters of doc- trines directly tending to subvert both church and state;" and the settlers thought it hard, when they had fled from opposition and persecution in one shape to be again troubled with it in another. But it would have been more to their honour, to have suffered their magistracy and church order to be in- sulted, than to have stained their hands with the blood of men who deserved pity rather than punish- ment. The Quakers indeed had no right to disturb them; and some of their conduct was to an high degree indecent and provoking; but they were un- der the influence of a spirit which is not easily quelled by opposition. Had not the government appeared to be jealous of their principles, and pro- hibited the reading of their books before any of them appeared in person, there could not have been so plausible a pretext for their reviling government. It was said that the laws by which they were con- demned were grounded on the laws in England against Jesuits. But the case was by no means parallel (as the Quakers pleaded), their principles and practices not being equally detrimental to so- ciety. It was moreover urged in excuse of the se- verities exercised against the Quakers, that the ma- gistrates thought themselves " bound in conscience to keep the passage with the point of the sword : this (it was said) could do no harm to him that could be warned by it; their rushing on it was their own 412 THE HISTORY OF AMERICA. act, and they brought the blood on their own heads. Had they promised to depart the jurisdiction and not return without leave, the country would have been glad to have rid themselves of the trouble of executing the laws upon them; it was their pre- sumptuous returning after banishment that caused them to be put to death." This was the plea which the court used in their address to the king; and in another vindication published by their order, the un- happy sufferers are styled " fclones de se," or self- murderers. But this will not justify the putting them to death, unless the original crimes for which they were banished had deserved it. The preamble to the act by which they were condemned, charges them with " altering the received laudable custom of giving respect to equals and reverence to supe- riors ; that their actions tend to undermine the civil government and destroy the order of the churches, by denying all established forms of worship, by withdrawing from orderly church fellowship allowed and approved by all orthodox professors of the truth, and instead thereof, and in opposition thereto, fre- quently meeting themselves, insinuating themselves into the minds of the simple, whereby divers of our inhabitants have been infected." Did these offences deserve death ? Had any government a right to terrify with capital laws persons guilty of no other crimes than these especially when they professed that they were obliged to go the greatest lengths in maintaining those tenets which they judged sacred, and following the dictates of that spirit which they thought divine ? Was not the mere " holding the point of the sword " to them, really inviting them to " rush on it," and seal their testimony with their blood ? And was not this the most likely way to strengthen and increase their party ? Such punish- ment for offences which proceeded from a misguided zeal, increased and inflamed by opposition, will never reflect any honour on the policy or modera- tion of the government ; and can be accounted for only by the strong predilection for coercive power in religion, retained by most or all of the reformed churches; a prejudice which time and experience were necessary to remove. The mistakes on which their conduct was grounded cannot be detected in a more masterly manner, than by transcribing the sentiments of Doctor Increase Mather, who lived in those times, and was a strong advocate for the coercive power of the magistrate in matters of religion ; but afterward changed his opin- ion on this point : "He became sensible that the example of the Israelitish reformers inflicting penal- ties on false worshippers, would not legitimate the like proceedings among Christian gentiles: for the holy land of old was, by a deed of gift from the glo- rious God, miraculously and indisputably granted to the Israelitish nation, and the condition on which they had it was their observance of the Mosaic in- stitutions. To violate them was high treason against the king of the theocracy, an iniquity to be punished by the judge. At the same time sojourners in the land were not compelled to the keeping those rites and laws which Moses had given to the people. Nay the Israelites themselves tell, many of them, into the worst of heresies, yet while they kept the laws and rites of Moses, the magistrate would not meddle with them. The heresy of the Sadducees in par- ticular struck at the foundation of all religion ; yet we do not find that our Saviour ever blamed the Pharisees for not persecuting them. The Christian religion brings us not into a temporal Canaan, it knows no weapons but what are purely spiritual. He saw that until persecution be utterly banished out of the world, and Cain's club taken out of Abel's hand, 'tis impossible to rescue the world from end- less confusions. He that has the power of the sword will always be in the right, and always assume the power of persecuting. In his latter times there- fore he looked upon it as one of the most hopeful among the signs of the times, the people began to be ashamed of a practice which had been a mother of abominations, and he came entirely into that golden maxim, Errantis pottna doceri" Divers others of the principal actors and abettors of this tragedy lived to see the folly and incompe- tency of such sanguinary laws, to which the suffer- ings of their brethren, the nonconformists in Eng- land, did not a little contribute. Und^r the arbitrary government of King James the Second, when he 7 for a shew of liberty, and as a leading step to the introduction of popery, issued a proclamation of in- dulgence to tender consciences, the principal men of the country sent him an address of thanks, for granting them what they had formerly denied to others. It is but justice to add, that all those dis- graceful laws we're renounced and repealed, and the people of New England are now as candidly disposed toward the Quakers as any other denominations of Christians. To keep alive a spirit of resentment and reproach to the country, on account of those ancient transactions which arc now universally con- demned, would discover a temper not very consist- ent with that meekness and forgiveness which ought to be cultivated by all who profess to be influenced by the gospel. But though the early colonists are justly censurable for those instances of misconduct, yet they are not to be condemned as unworthy the Christian name ; since some of the first disciples of our Lord, in a zealous imitation of the prophet Elias, would have called for fire from heaven to consume a village of the Samaritans who refused to receive him. Their zeal was of the same kind; and the answer which the benevolent author of our religion gave to his disciples on that occasion, might, with equal pro- priety, be addressed to them, and to all persecuting Christians, " Ye know not what spirit ye are of, for the Son of man is not come to destroy men's lives, but to save them." Mode of Government under Massachusetts Mason's efforts to recover the property of his ancestor Transactions of the King's commissioners Ojyosi- tion to them Political principles Internal trans- actions Mason discouraged. (1643.) During the union of these plantations with Massachusetts, they were governed by the ge- neral laws of the colony, and the terms of the union were strictly observed. Exeter and Hampton were at first annexed to the jurisdiction of the courts at Ipswich, till the establishment of a new county, which was called Norfolk, and comprehended Salis- bury, Haverhill, Hampton, Exeter. Portsmouth, and Dover. These towns were then of such extent, as to contain all the lands between the rivers Mer- rimack and Pascataqua. The shire town was Salis- bury ; but Dover and Portsmouth had always a dis- tinct jurisdiction, though they were considered as part of this new county ; a court being held in one or the other, sometimes" once and sometimes twice in the year, consisting of one or more of the magis- trates or assistants, and one or more commissioners chosen by the general court out of the principal gentlemen of each town. This was called the court UNITED STATES. 413 of Associates ; and their power extended to causes of twenty pounds value. From them there was ail appeal to the board of assistants, which being found inconvenient, it was in 1670 ordered to be made to the county court of Norfolk. Causes under twenty- shillings in value were settled in each town by an inferior court, consisting of three persons. (1647.) After some time they had liberty to choose their as- sociates, which was done by the votes of both towns, opened at a joint meeting of their select men, though sometimes they requested the court to appoint them as before. That mutual confidence between rulers and people, which springs from the genius of a re- publican government, is observable in all their trans- actions. This extension of the colony's jurisdiction over New Hampshire, could not fail of being noticed by the heirs of Mason : but the distractions caused by the civil wars in England were invincible bars to any legal enquiry. The first heir named in Mason's will dying in infancy, the estate descended after the death of the executrix to Robert Tufton, who was not of age till 1650. In two years after this, Joseph Mason came over as agent to the executrix, to look after the interest of her deceased husband. He found the lands at Newichwannock occupied by Richard Leader, against whom he brought actions in the county court of Norfolk ; but a dispute arising whether the lands in question were within the juris- diction of Massachusetts, and the court of Norfolk judging the action not to be within their cognizance, recourse was had to the general court ; who, on this occasion, ordered an accurate survey of the northern bounds of their patent to be made; a thing which they had long meditated. A committee of the general court, attended by Jonathan I nee and John Shearman, sui'veyors, and several Indian guides, went up the river Merrimack to find the most north- erly part thereof, which the Indians told them was at Aquedochtan, the outlet of the lake Winnipiseo- gee. The latitude of this place was observed to be forty-three degrees, forty minutes, and twelve se- conds, to which three miles being added, made the line of the patent, according to their construction, fall within the lake, in the latitude of forty-three Legrees, forty-three minutes, and twelve seconds. (1653.) Two experienced ship-masters, Jonas Clarke and Samuel Andrews, were then dispatched to the eastern coast, who found the same degrees, minutes, and seconds, on the northern point of an island in Casco bay, called the Upper Clapboard Island. An east and west line, drawn through these points, from the Atlantic to the South sea, was therefore supposed to be the northern boundary of the Massa- chusetts patent, within which the whole claim of Mason, and the greater part of that of Gorges, were comprehended. When this grand point was deter- mined, the court were of opinion, that " some lands at Newichwannock, with the river, were by agree- ment of " Sir Ferdinando Gorges and others, ap- portioned to Captain Mason, and that he also had right by purchase of the Indians, as also by posses- sion and improvement;" and they ordered " a quantity of land proportionable to his disbursements, with the privilege of the river, to be laid out to his heirs." The agent made no attempt to recover any other part of the estate ; but having tarried long enough in the country to observe the temper of the government, and the management used in the de- termination of his suit, he returned; and the estate was given up for lost unless the government of Eng- lund should interpose. (1660.) During the commonwealth, and the pro- tectorate of Cromwell, there could be no hope of relief, as the family had always been attached to the royal cause, and the colony stood high in the favour of the parliament and of Cromwell. But the resto- ration of King Charles the Second encouraged Tufton, who now took the surname of Mason, to look up to the throne for favour and assistance. For though the plan of colonization adopted by his gi-andfather was in itself chimerical, and proved fruitless, yet he had expended a large estate in the prosecution of it, which must have been wholly lost to his heirs, unless they could recover the possession of his American territories. Full of this idea, Ma- son petitioned the king ; setting forth " the en- croachment of the Massachusetts colony upon his lands, their making grants and giving titles to the inhabitants, and thereby dispossessing him and keep- ing him out of his right." The king referred the petition to his attorney-general Sir Geoffrey Palmer, who reported that " Robert Mason, grandson and heir to Captain John Mason, had a good and legal title to the province of New Hampshire." Nothing farther was done at this time, nor was the matter mentioned in the letter which the king soon after sent to the colony, though some offensive things in their conduct were therein reprehended, and divers alterations enjoined. But the directions contained in this letter not being strictly attended to, and complaints being made to the king of disputes which had arisen in divers parts of New England concern- ing the limits of jurisdiction, and addresses having been presented by several persons, praying for the royal interposition ; a commission was issued under the great seal to Colonel Richard Nichols, Sir Ro- bert Carre, Knight, George Carteret, and Samuel Maverick, Esqs., empowering them " to visit the several colonies of New England ; to examine and determine all complaints and appeals in matters, civil, military, and criminal; to provide for the peace and security of the country, according to their good and sound discretion, and to such instruc- tions as they should receive from the king, and to certify him of their proceedings." This commission was highly disrelished by the colony, as inconsistent with the rights and privileges which they enjoyed by their charter, and which the king had sacredly promised to confirm. It is there- fore no wonder that the commissioners were treated with much coolness at their arrival ; but they severely repaid it in their report to the king. In their progress through the country Ihey came to Pascataqua, and enquired into the bounds of Ma- son's patent. They heard the allegation of Whele- wright, who when banished by the colony, was per- mitted to reside immediately beyond what was called the bound-house, which was three long miles to the northward of the river Merrimack. They took the affidavit of Henry Jocelyn concerning the agreement between Governor Cradock and Captain Mason, that the river should be the boundary of their respective patents. They made no determination of this con- troversy in their report to the king ; but having called together the inhabitants of Portsmouth, Sir Robert Carre, in the name of the rest, told them that " they would release them from the government of Massa- chusetts, whose jurisdiction should come no farther than the bound-house." They then proceeded to appoint justices of the peace and other officers, with power to act according to the laws of England and such laws of their own as were not repugnant thereto, until the king's pleasure should be further known. 414 THE HISTORY OF AMERICA. (1665) There had always been a party who were dis- affected to the government of Massachusetts. One of the most active among them was Abraham Cor- bett, of Portsmouth, wU>, since the arrival of the commissioners at Boston, and probably by authority derived from them, had taken upon him to issue warrants in the king's name on several occasions, which was construed a high misdemeanor, as he had never been commissioned by the authority of the co- lony. Being called to account by the general court, he was admonished, fined five pounds, and committed till the sentence was performed. Irritated by this severity, he was the fitter instrument for the purpose of the commissioners, who employed him to frame a petition to the king in the name of the four towns, complaining of the usurpation of Massachusetts over them, and praying to be released from their tyranny. Corbett. in a secret manner, procured several per- sons both in Portsmouth and Dover, to subscribe this petition, but the most of those to whom he offered it refused. The sensible part of the inhabitants now saw with much concern that they were in danger of being reduced to the same unhappy state which they had been in before their union with Massachusetts. Awed by the supercilious behaviour of the commissioners, they knew not at first how to act ; for to oppose the king's authority was construed treason, and it was said that Sir Robert Carre had threatened a poor old man with death for no other crime than forbidding his grandchild to open a door to them. But when the rumour was spread that a petition was drawn, and that Corbett was procuring subscribers, the people, no longer able to bear the abuse, earnestly applied to the general court, praying " that in some orderly way they might have an opportunity to clear themselves of so great and unjust aspersions as were, by this petition drawn in their name, cast upon the government under which they were settled ; and also to manifest their sense of such perfidious actions, lest by their silence it should be concluded they were of the same mind with those who framed the petition." In consequence of this petition the court commis- sioned Thomas Danforth, Eleazar Lusher, and Major General Leverett, to enquire into the matter, and settle the peace in these places according to their best discretion. These gentlemen came to Portsmouth, and having assembled the inhabitants, and published their com- mission, they told them that they were informed of a petition subscribed in behalf of that and the neigh- bouring towns, complaining of the government ; and desiring them if they had any just grievances to let them be known, and report should be immediately made to the general court. The next day they as- sembled the people of Dover and made the same challenge. Both towns respectively protested against the petition, and professed full satisfaction with the government, which they signified in addresses to the court. Dudley, the minister of Exeter, certified under his hand to the committee, that the people of that town had no concern directly nor indirectly with the obnoxious petition. They received also full satisfaction with regard to Hampton ; a certificate of which might have been obtained, if they had thought it necessary. They then proceeded to summon Corbett before them for seditious behaviour; but he eluded the search that was made for him, and they were obliged to leave a warrant with an officer to cite him to the court at Boston. The commissioners had now gone over into the province of Maine, from whence Sir Robert Carre in their name sent a severe reprimand to this committee, forbidding them to proceed against such persons as had subscribed the petition, and en- closing a copy of a letter which the said commis- sioners had written to the governor and council on the same subject. The committee returned and reported their pro- ceedings to the court, and about the same time the commissioners rame from their eastern tour to Bos- ton ; where the court desired a conference with them, but received such an answer from Sir Robert Carre as determined them not to repeat their request. A warrant was then issued by the secretary, in the name of the whole court, to apprehend Corbett and bring him before the governor and magistrates, " to answer for his tumultuous and seditious practices against the government." (1666.) The next spring he was seized and brought before them ; and after a full hearing was adjudged guilty of sedition, and exciting others to discontent with the government and laws, and of keeping a disorderly house of en- tertainment, for which crimes he was sentenced to give a bond of one hundred pounds, with security for his peaceable behaviour and obedience to the laws ; he was prohibited retailing liquors; disabled from bearing any office in the town or commonwealth, during the pleasure of the court ; and obliged to pay a fine of twenty pounds, and five pounds for the costs of his prosecution. This severity in vindication of their charter-rights they thought fit to temper with something that had the appearance of submission to the royal commands. The king's pleasure had been signified to the com- missioners, that the harbours should be fortified. This instruction came to hand while they were at Pascataqua, and they immediately issued warrants to the four towns, requiring them to meet at a time and place appointed, to receive his majesty's orders. One of these warrants was sent by express to Boston, from whence two officers were dispatched by the governor and council to forbid the towns on their peril to meet, or obey the commands of the commis- sioners. But by their own authority they ordered a committee to look out the most convenient place for a fortification, upon whose report " the neck of land on the eastward of the Great Island, where a small fort had been already built, was sequestered for the purpose, taking in the Great Rock, and from thence all the easterly part of the said island." The court of associates being empowered to hear and determine the claims of those who pretended any title to this land, a claim was entered by George Walton, but rejected ; and the appropriation confirmed. The customs and imposts on goods imported into the harbour were applied to the maintenance of the fort, and the trained bands of Great Island and Kittery- Point were discharged from all other duty to attend the service of it, under Richard Cutts, esq. who was appointed captain. The people of Massachusetts have, both in former and latter times, been charged with disloyalty to the king, in their conduct toward these commissioners, and their disregard of authority derived from the same source with their charter. To account for their conduct on this occasion, we must consider the ideas they had of their political connexion with the parent state. They had been forced from thence by persecution; they came at their own charges into a wilderness, claimed indeed by the crown of Eng- land, but really in possession of its native lords, from whom they had purchased the soil and so- vereignty, which gave them a title, considered in a UNITED STATES. 415 moral view superior to the grant of any European prince. For convenience only, they had solicited and accepted a patent from the crown, which in their opin- ion constituted the only bond of union betvyeen them and their prince, by which the nature and extent of their allegiance to him was to be determined. This patent they regarded as a solemn compact, wherein the king had granted them undisturbed possession of the soil, and power of government within certain limits on condition that they should settle the country, christianize the natives, yield a fifth of all gold and silver mines to the crown, and make no laws repugnant to those of England. They had, on their part, sacredly performed these conditions; and therefore concluded that the grant of title, property and dominion which the crown had made to them was irrevocable. And although they acknowledged them- selves subjects of the reigning prince, arid owned a dependence on the royal authority ; yet they under- stood it to be only through the medium of their charter. The appointment of commissioners who were to act within the same limits, independently of this au- thority, and to receive appeals from it, whose rule of conduct was no established law, but their own " good and sound discretion," was regarded as a dangerous stretch of royal power, militating against and superseding their charter. If the royal authority was destined to flow through the patent, it could not regularly be turned into another channel : if they were to be governed by laws made and executed by officers of their own choosing, they could not at the same time be governed by the "discretion" of men in whose appointment they had no voice, and over whom they had no control. Two ruling powers in the same state was a solecism which they could not digest. The patent was neither forfeited nor re- voked, but the king had solemnly promised to con- firm it, and it subsisted in full force. The commis- sion therefore was deemed an usurpation and in- fringement of those chartered rights, which had been solemnly pledged on the one part, dearly pur- chased and justly paid for on the other. They re- garded " a royal donation under the great seal (to use their own words) as the greatest security that could be had in human affairs;" and they had con- fidence in the justice of the supreme ruler, that if they held what they in their consciences thought to be their rights, and performed the engagements by which they had acquired them, they should enjoy the protection of his providence, though they should be obliged to abandon the country, which they had planted with so much labour and expense, and seek a new settlement in some other part of the globe. These were the principles which they had imbibed, which they openly avowed, and on which they acted. Policy might have dictated to them the same flexi- bility of conduct, and softness of expression, by which the other colonies on this occasion gained the royal favour. But they had so long held the sole and un- interrupted sovereignty, in which they had been in- dulged by the late popular government of England, and were so fully convinced it was their right, that they chose rather to risk the loss of all, than to make any concessions, thereby exposing themselves far- ther to the malice of their enemies and the vengeance of power. The commissioners, having finished their business, were recalled by the order of the king, who was much displeased with the ill treatment they had received from the Massachusetts government, which was es- teemed the more heinous, as the colonies of Plymouth, Rhode Island, and Connecticut had treated the com- mission with acknowledged respect. By a letter to the colony he commanded them to send over four or five agents, promising "to hear in person, all the allegations, suggestions, and pretences to right or favour, that could be made on behalf of the colony," intimating that he was far from desiring to invade their charter ; and commanding that all things should remain as the commissioners had settled them until his farther order; and that those persons who had been imprisoned for petitioning or applying to them should be released. The court, however, con- tinued to exercise jurisdiction, appoint officers, and execute the laws in these towns as they had dona for twenty-five years, to the general satisfaction of the people, who were united to them in principles and affection. (1669.) This affection was demonstrated by their ready concurrence with the proposal for a general collection, for the purpose of erecting a new brick building at Harvard college, the old wooden one being small and decayed. The town of Portsmouth, which was now become the richest, made a sub- scription of 60/. per annum for seven years; and after five years passed a town vote to carry this engage- ment into effect. Dover gave 321 , and Exeter . for the same laudable purpose. (1671.) The people of Portsmouth, having for some time employed Joshua Moody as a preacher among them, and erected a new meeting-house, pro- ceeded to settle him in regular order. A church con- sisting of nine brethren was first gathered ; then the general court having been duly informed of it, and having signified their approbation, according to the established practice, Moody was ordained in the presence of Governor Leverett and several of the magistrates. (1674.) The whole attention of the government in, England being at this time taken up with things that more immediately concerned themselves, nothing of moment relating to Mason's interest was transacted. He became discouraged, and joined with the heirs of Gorges in proposing an alienation of their re- spective rights in the provinces of New Hampshire and Maine to the Crown, to make a government for the Duke of Monmouth. The duke himself was greatly pleased with the scheme, as he had been told that an annual revenue of 5,000. or more might be collected from these provinces. But by the more faithful representations of some persons who were well acquainted with the country, he was induced to lay aside the project. Many complaints were made against the government of Massachusetts, and it was thought to be highly expedient that more severe measures should be used with them; but the Dutch wars, and other foreign transactions, prevented any determination concerning them, till the country was involved in all the horrors of a general war with the natives. Remarks on the temper and manners of the Indians. The first general war with them, called Philip's war. At the time of the first discovery of the river Pascataqua by Captain Smith, it was found that the native inhabitants of these parts differed not in lan- guage, manners, nor government, from their eastern or western neighbours. Though they were divided into several tribes, each of which had a distinct sachem, yet they all owned subjection to a sovereign prince, called Bashaba, whose residence was somewhere about Pemaquid. It was soon after found that the Tarrateens, who lived farther eastward, had invaded his country, surprised and slain him and all the 41G THE HISTORY OF AMERICA. people in his neighbourhood, and carried off his women leaving no traces of his authority. Upon which the subordinate sachems, having no head to unite them, and each one striving for the pre-emi- nence, made war among themselves ; whereby many of their people, and much of their provision were destroyed. When Sir Richard Hawkins visited the coast in 1615, this war was at its height; and to this succeeded a pestilence, which carried them off in such numbers, that the living were not able to bury the dead ; but their bones remained at the places of their habitations for several years. Du- ring this pestilence, Richard Vines and several others, whom Sir Ferdinando Gorges had hired, at a great expense, to tarry in the country through the winter, lived among them, and lodged in their cabins, without receiving the least injury in their health, " not so much as feeling their heads to ache the whole time." By such singular means did Divine Providence prepare the way for the peaceable en- trance of the Europeans into this land. When the first settlements were made, the re- mains of two tribes had their habitations on the several branches of the river Pascataqua ; one of their sachems lived at the falls of Squamscot, and the other at those of Newichwannock ; their head- quarters being generally seated in places convenient for fishing. Both these, together with several inland tribes, who resided at Pantucket and Winnipiseo- gee, acknowledged subjection to Passaconaway, the great sagamore of Pannukog, or (as it is commonly pronounced) Penacook. He 'excelled the other sa- chems in sagacity, duplicity, and moderation ; but his principal qualification was his skill in some of the secret operations of nature, which gave him the reputation of a sorcerer, and extended his fame and influence among all the neighbouring tribes. They believed that it was in his power to make water burn and trees dance, and to metamorphose himself into flame ; that in winter ke could raise a green leaf from the ashes of a dry one, and a living ser- pent from the skin of one that was dead. An English gentleman, who had been much con- versant among the Indians, was invited, in 1660, to a great dance and feast ; on which occasion the elderly men, in songs or speeches, recite their his- tories, and deliver their sentiments and advice to the younger. At this solemnity Passaconaway, being grown old, made his farewell speech to his children and people ; in which, as a dying man, he warned them to take heed how they quarrelled with their English neighbours ; for though they might do them some damage, yet it would prove the means of their own destruction. He told them he had been a bitter enemy to the English, and by the arts of sor- cery had tried his utmost to hinder their settlement and increase ; but could by no means succeed. This caution, perhaps often repeated, had such an effect, that upon the breaking out of the Indian war fifteen years afterward, Wonolanset, his son and successor, withdrew himself and his people into some remote place, that they might not be drawn into the quarrel. While the British nations had been distracted with internal convulsions, and had endured the hor- rors of a civil war, produced by the same causes which forced the planters of New England to quit the land of their nativity ; this wilderness had been to them a quiet habitation. They had struggled with many hardships ; but providence had smiled upon their undertaking, their settlements were ex tended, and their churches multiplied. There had been no remarkable quarrel with the savages, ex- cept the short war with the Pequods, who dwelt in south-east part of Connecticut : they being to- tally subdued in 1637, the dread and terror of the English kept the other nations quiet for near forty years : during which time the New England colo- nies being confederated for their mutual defence, andfor maintaining the public peace, took great pains to propagate the gospel among the natives, and bring them to a civilized way of living, which with respect to some proved effectual; others refused to receive the missionaries, and remained obstinately prejudiced against the English. Yet the object of their hatred was at the same time the object of their fear, which lead them to forbear acts of hostility, and to preserve an outward shew of friendship, to their mutual interest. Our historians have generally represented the Indians in a most odious light, especially when re- counting the effects of their ferocity. Dogs, caitiffs, miscreants and hell-hounds, are the politest names which have been given them by some writers, who seem to be in a passion at the mentioning their cruelties, and at other times speak of them with contempt. Whatever indulgence may be allowed to those who wrote in times when the mind was vexed with their recent depredations and inhuma- nities, it ill becomes us to cherish an inveterate hatred of the unhappy natives. Religion teaches a better temper, and providence has now put an end to the controversy, by their almost total extir- pation. We should therefore proceed with calm- ness in recollecting their past injuries, and forming our judgment of their character. It must be acknowledged that human depravity appeared in these unhappy creatures in a most shocking view. The principles of education and the refinements of civilized life either lay a check upon our vicious propensities, or disguise our crimes; but among them human wickedness was seen in its naked deformity. Yet, bad as they were, it will be difficult to find them guilty of any crime which cannot be paralleled among civilized nations. They are always described as being remarkably cruel ; and it cannot be denied that this disposition, indulged to the greatest excess, strongly marks their character. We are struck with horror, when we hear of their binding the victim to the stake, biting off his nails, tearing out his hair by the roots, pull- ing out his tongue, boring out his eyes, sticking his skin full of lighted pitch-wood, half roasting him at the fire, and then making him run for their diver- sion till he faints and dies under the blows which they give him on every part of his body. But is it not as dreadful to read of an unhappy wretch, sewed up in a sack full of serpents, and thrown into the sea; or broiled in a red hot iron chair; or mangled by lions and tigers, after having spent his strength to combat them for the diversion of the spectators in an amphitheatre ? and yet these were punishments among the Romans in the politest ages of the em- pire. What greater cruelty is there in the Ameri- can tortures, than in confining a man in a trough, and daubing him with honey, that he may be stung to death by wasps and other venomous insects; or flaying him alive, and stretching out his skin before his eyes, which modes of punishment were not in- consistent with the softness and elegance of the ancient court of Persia ? or, to come down to modern times, what greater misery can there be in the Indian executions, than in racking a prisoner on a wheel, and breaking his bones one by one with an iron bar ; or placing his legs in a boot, and driving UNITED STATES. 417 in wedges one after another; which tortures are still, or have till lately been used in some European kingdoms ; we forbear to name the torments of tho inquisition, because they seem to be beyond the stretch of human invention. If civilized nations, and those who profess the most merciful religion that ever blessed the world, have practised these cruelties, what could be expected of men who were strangers to every degree of refinement, either civil or mental? The Indians have been represented as revengeful. When any person was killed, the nearest relative thought himself bound to be the avenger of blood, and never left seeking, till he found an opportunity to execute his purpose. Whether in a state where government is confessedly so feeble as among them, such a conduct is not justifiable, and even counte- nanced by the Jewish law,may deserve consideration. The treachery with which these people are justly charged, is exactly the same disposition which ope- rates in the breach of solemn treaties made between nations which call themselves Christian. Can it be more criminal in an Indian, than in an European, not to think himself bound by promises and oaths extorted from him when under duress? Their jealousy and hatred of their English neigh- bours may easily be accounted for, if we allow them to have the same feelings with ourselves. How na- tural is it for us to form a disagreeable idea of a whole nation, from the bad conduct of some individuals with whom we are acquainted ? and though others of them may be of a different character, yet will not that prudence which is esteemed a virtue, lead us to suspect the fairest appearances, as used to cover the most fraudulent designs, especially if pains are taken by the most politic among us to foment such jealou- sies, to subserve their own ambitious purposes ? Though the greater part ^f the English settlers came hither with religious views, and fairly pur- chased their lands of the Indians, yet it cannot be denied that some, especially in the eastern parts of New England, had lucrative views only ; and from the beginning used fraudulent methods in trade with them. Such things were indeed disallowed by the government, and would always have been punished if the Indians had made complaint : but they knew only the law of retaliation, and when an injury was received, it was never forgotten till revenged. En- croachments made on their lands, and fraud com- mitted in trade, afforded sufficient grounds for a quarrel, though at ever so great a length of time ; and kept alive a perpetual jealousy of the like treat- ment again. (1675.) Such was the temper of the Indians of New England when the first general war began. It was thought by the English in that day, that Philip, sachem of the Wompanoags, a crafty and aspiring man, partly by intrigue, and partly by example, ex- cited them to such a general combination. He was the son of Massassoiet, the nearest sachem to the colony of Plymouth, with whom he had concluded a peace, which he maintained more through fear than good will as long he lived. His son and immediate successor Alexander, preserved the same external shew of friendship ; but died with choler on being detected in a plot against them. Philip, it is said, dissembled his hostile purposes; he was ready, on, every suspicion of his infidelity, to renew his sub- mission, and testify it even by the delivery of his arms, till he had secretly infused a cruel jealousy into many of the neighbouring Indians ; which ex- cited them to attempt the recoven'ng their country HIST. OF AMER, Nos. 53 & 54. by extirpating the new possessors. The plot, it is said, was discovered before it was ripe for execution; and as he could no longer promise himself security under the mask of friendship, he was constrained to shew himself in his true character, and accordingly began hostilities upon the plantation of Swanzy, in the colony of Plymouth, in the month of June 1675. Notwithstanding this general opinion, it may ad- mit of some doubt, whether a single sachem, whose authority was limited, could have such an extensive influence over tribes so remote and unconnected with him as the eastern Indians ; much more im- probable is it, that those in Virginia should have joined in the confederacy, as it has been intimated. The Indians never travelled to any greater distance than their hunting required ; and so ignorant were they of the geography of their country, that they imagined New England to be an island, and could tell the name of an inlet or streight by which they supposed it was separated from the main land. But what renders it more improbable that Philip was so active an instrument in exciting this war, is the con- stant tradition among the posterity of those people who lived near him, and were familiarly conversant with him, and with those of his Indians who survived the war which is, that he was forced on by the fury of his young men, sorely against his own judgment and that of his chief counsellors ; and that as he foresaw that the English would, in time, establish themselves and extirpate the Indians, so he thought that the making war upon them would only hasten the destruction of his own people. It was always a very common, and sometimes a just excuse with the Indians, when charged with breach of faith, that the old men were not able to restrain the younger from signalizing their valour, and gratifying their revenge, though they disapproved their rashness. This want of restraint was owing to the weakness of their go- vernment ; their sachems having but the shadow of sovereign authority. The inhabitants of Bristol shew a particular spot where Philip received the news of the first English- men that were killed, with so much sorrow as to cause him to weep ; a few days before which he had rescued one who had been taken by his Indians, and privately sent him home. Whatever credit may be given to this account, so different from the current opinion, it must be owned, that in such a season of general confusion as the first war occasioned, fear and jealousy might create many suspicions, which would soon be formed into reports of a general con- federacy, through Philip's contrivance ; and it is to be noted that the principal histories of this war, [In- crease Mather's and Hubbard's] were printed in 1676 and 1677, when the strangest reports were easily credited, and the people were ready to believe every thing that was bad of so formidable a neigh- bour as Philip. But as the fact cannot now be pre- cisely ascertained, we shall detain the reader no longer from the real causes of the war in these eastern parts. There dwelled near the river Saco, a sachem named Squando, a noted enthusiast, a leader in the devotions of their religion, and one that pretended to a familiar intercourse with the invisible world. These qualifications rendered him a perso-n of the highest dignity, importance, and influence among all the eastern Indians. His squaw passing along the river in a canoe, with her infant child, was met by some rude sailors, who having heard that the In- dian children could swim as naturally as the young of the brutal kind, in a thoughtless and unguarded lumour overset the canoe. The child sunk, and the 2Z 418 THE HISTORY OF AMERICA. mother instantly diving fetched it up alive, but the child dying soon after, its death was imputed to the treatment it had received from the seamen ; and Squando was so provoked that he conceived a bitter antipathy to the English, and employed his great art and influence to excite the Indians against them. Some other injuries were alleged as the ground of the quarrel; and, considering the interested views and irregular lives of many of the eastern settlers, their distance from the seat of government, and the want of due subordination among them, it is not im- probable that a great part of the blame of the eastern war belonged to them. The first alarm of the war in Plymouth colony spread great consternation among the distant In- dians, and held them awhile in suspense what part to act, for there had been a long external friendship subsisting between them and the English, and they were afraid of provoking such powerful neighbours. But the seeds of jealousy and hatred had been so effectually sown, that the crafty and revengeful, and those who were ambitious of doing some exploits, soon found means to urge them on to an open rupture ; so that within twenty days after Philip had begun the war at the southward, the flame broke out in the most north-easterly part of the country, at the dis- tance of 200 miles. The English inhabitants about the river Kenne- beck, hearing of the insurrection in Plymouth colony, determined to make trial of the fidelity of their In- dian neighbours, by requesting them to deliver their arms. They made a show of compliance, but in doing it, committed an act of violence on a French- man, who lived in an English family, which being judged an offence, both by the English and the elder Indians, the offender was seized; but upon a promise, with security, for his future good behaviour, his life was spared, and some of them consented to remain as hostages, who soon made their escape, and joined with their fellows in robbing the house of Purchas, an ancient planter at Pechypscot. The quarrel being thus begun, and their natural hatred of the English, and jealousy of their designs, having risen to a great height under the malignant influence of Squando and other leading men, and being encouraged by the example of the western Indians, who were daily making depredations on the colonies of Plymouth and Massachusetts, they took every opportunity to rob and murder the people in the scattered settlements of the province of Maine ; and having dispersed themselves into many small parties, that they might be the more extensively mischievous, in the month of September they ap'- proached the plantations at Pascataqua, and made their first onset at Oyster river, then a part of the town of Dover, but now Durham. Here they burned two houses belonging to two persons named Chesley, killed two men in a canoe, and carried away two captives ; both of whom soon after made their escape. About the same time a party of four laid in ambush near the road between Exeter and Hampton, where they killed one, and took another, who made his escape. Within a few days an assault was made on the house of one Tozer, at Newich- wannock, wherein were fifteen women and children, all of whom except two were saved by the intrepidly of a girl of eighteen ; she first seeing the Indians as they advanced to the house, shut the door and stood against it till the others escaped to the next house, which was better secured. The Indians chopped the door to pieces with their hatchets, and then en- tering, they knocked her down, and leaving her for dead, went in pursuit of the others, of whom two children, who could not get over the fence, fell iuto their hands. The adventurous heroine recovered, and was perfectly healed of her wound. The two following days they made several appear- ances on both sides of the river, using much inso- lence, and burning two houses and three barns, with a large quantity of grain. Some shot were ex- changed without effect, and a pursuit was made after them into the woods by eight men, but night obliged them to return without success. Five or six houses were burned at Oyster river, and two more men killed. These daily insults could not be borne with- out indignation and reprisal. About twenty young men, chiefly of Dover, obtained leave of Major Wal- dron, then commander of the militia, to try their skill and courage with the Indians in their own way. Having scattered themselves in the woods, a small party of them discovered five Indians in a field near a deserted house, some of whom were gathering corn, and others kindling a fire to roast it. The men were at such a distance from their fellows that they could make no signal to them without danger of a discovery; two of them, therefore, crept along si- lently, near to the house, from whence they suddenly rushed upon those two Indians who were busy at the fire, and knocked them down with the butts of their guns ; the other three took the alarm and escaped. All the plantations at Pascataqua, with the whole eastern country, were now filled with fear and con- fusion : business was suspended, and every man was obliged to provide for his own and his family's safety. The only way was to desert their habitations, and retire together within the larger and more conve- nient houses, which they fortified with a timber wall and flankarts, placing a centry-box on the roof. Thus the labour of the field was exchanged for the duty of the garrison, and they who had long lived in peace and security, were upon their guard night and day, subject to continual alarms, and the most fearful apprehensions. The 7th of October was observed as a day of fast- ing and prayer; and on the 16th the enemy made an assault upon the inhabitants at Salmon-falls, in Berwick. Lieut. Roger Plaisted, being a man of true courage and of a public spirit, immediately sent out a party of seven from his garrison to make dis- covery. They fell into an ambush : three were killed, and the rest retreated, The lieutenant then dis- patched an express to Major Waldron and Lieut. Coffin at Cochecho, begging most importunately for help, which they were in no capacity to afford, con- sistently with their own safety. The next day Plaisted ventured out with twenty men, and a cart to fetch the dead bodies of their friends, and unhap- pily fell into another ambush. The cattle affrighted ran back, and Plaisted being deserted by his men, and disdaining either to yield or fly, was killed on the spot, with his eldest son and one more ; his other son died of his wound in a few weeks. Had the heroism of this worthy family been imitated by the rest of the party, and a reinforcement arrived in sea- son, the enemy might have received such a severe check as would have prevented them from appearing in small parties. The gallant behaviour of Plaisted, though fatal to himself and his sons, had this good effect, that the enemy retreated to the woods : and the next day Captain Frost came up with a party from Sturgeon creek, and peaceably buried the dead : but before the month had expired a mill was burned there, and an assault made on Frost's garri- son, who though he had only three boy$ with him, UNITED STATES. 419 kept up a constant fire, and called aloud as if he were commanding a body of men, to march here and fire there : the stratagem succeeded, and the house was saved. The enemy then proceeded down the river, killing and plundering as they found people off their guard, till they came opposite to Portsmouth ; from whence some cannon being fired they dispersed, and were pursued by the help of a light snow which fell in the night, and overtaken by the side of a swamp, into which they threw themselves, leaving their packs and plunder to the pursuers. They soon after did more mischief at Dover, Lamprey river, and Exeter ; and with these small, but irritating assaults and skirmishes, the autumn was spent until the end of November ; when the number of people killed and taken from Kennebeck to Pascataqua amounted to upwards of fifty. The Massachusetts government being fully em- ployed in defending the southern and western parts, could not seasonably send succours to the eastward. Major General Denison, who commanded the militia of the colony, had ordered the majors who com- manded the regiments on this side of the country, to draw out a sufficient number of men to reduce the enemy, by attacking them at their retreat to their head-quarters at Ossapy and Pigwacket. But the winter setting in early and fiercely, and the men being unprovided with rackets to travel on the snow, which by the 10th of December was four feet deep in the woods, it was impossible to execute the de- sign. This peculiar severity of the season however proved favourable. The Indians were pinched with famine, and having lost by their own confession about ninety of their number, partly by the war, and partly for want of food, they were reduced to the necessity of suing for peace. With this view they came to Major Waldron, expressing great sorrow for what had been done, and promising to be quiet and submissive. By his mediation a peace was con- cluded with the whole body of eastern Indians, which continued till the next August; and might have con- tinued longer, if the inhabitants of the eastern parts had not been too intent on private gain, and of a disposition too ungovernable to be a barrier against an enemy so irritable and vindictive. The restora- tion of the captives made the peace more valued : a return from the dead could not be more welcome than a deliverance from Indian captivity. (1676.) The war at the southward, " though re- newed in the spring, drew toward a close. Philip's affairs were desperate ; many of his dependents and allies forsook him; and in August he was slain by a party under Captain Church. Those western Indians, who had been engaged in the war, now fearing a total extirpation, endeavoured to conceal themselves among their brethren of Penacook, who had not joined in the war, and those of Ossapy and Pigwacket, who had made peace. But they could not so disguise themselves or their behaviour, as to escape the discernment of those who had been con- versant with Indians. Several of them were taken at different times, and delivered up to public exe- cution. Three of them, Simon, Andrew, and Peter, who had been concerned in killing Thomas Kimbal of Bradford, and capturing his family, did, within six weeks, voluntarily restore the women and five children. It being doubted whether this act of sub- mission was a sufficient atonement for the murder, they were committed to Dover prison till their case could be considered. Fearing that this confinement was a prelude to farther punishment, they broke out of prison, and going to the eastward, joined with the Indians of Kennebeck and Amoriscogin in those depredations which they renewed on the inhabitants of those parts, in August, and were afterward active in distressing the people of Pascataqua. This renewal of hostilities occasioned the sending of two companies to the east under Captain Joseph Syll, and Captain William Hawthorne. In the course of their march they came to Cocheco, on the sixth of September, where four hundred mixed In- dians were met at the house of Major Waldron, with whom they had made the peace, and whom they considered as their friend and father. The two cap- tains would have fallen upon them at once, having it in their orders to seize all Indians, who had been concerned in the war. The major dissuaded them from that purpose, and contrived the following stra- tagem. He proposed to the Indians, to have a training the next day, and a sham fight after the English mode ; and summoning his own men, with those under Captain Frost of Kittery, they, in con- junction with the two companies, formed one party, and the Indians another. Having diverted them a while in this manner, and caused the Indians to fire the first volley ; by a peculiar dexterity, the whole body of them (except two or three) were surrounded, before they could form a suspicion of what was in- tended. They were immediately seized and dis- armed, without the loss of a man on either side. A separation was then made : Wonolanset, with the Penacook Indians, and others who had joined in making peace the winter before, were peaceably dismissed; but the strange Indians (as they were called)who had fled from the southward, and taken refuge among them, were made prisoners, to the number of two hundred ; and being sent to Boston, seven or eight of them, who were known to have killed someEnglishmen,were condemned and hanged ; the rest were sold into slavery in foreign parts. This action was highly applauded by the general voice of the colony; as it gave them opportunity to deal with their enemies in a judicial way, as rebels, and, as they imagined, to extirpate those trouble- some neighbours. The remaining Indians, however, looked upon the conduct of Major Waldron as a breach of faith ; inasmuch as they had taken those fugitive Indians under their protection, and had made peace with him, which had been strictly ob- served with regard to him and his neighbours, though it had been broken elsewhere. The Indians had no idea of the same government being extended very far, and thought they might make peace in one place, and war in another, without any imputation of infidelity ; but a breach of hospitality and friend- ship, as they deemed this to be, merited, according to their principles, a severe revenge, and was never to be forgotten or forgiven. The major's situation on this occasion was indeed extremely critical ; and he could not have acted either way without blame It is said that his own judgment was against any forcible measure, as he knew that many of those Indians were true friends to the colony ; and that in case of failure he should expose the country to their resentment; but had he not assisted the forces in the execution of their commission, (which was to seize all Indians who had been concerned with Phi- lip in the war) he must have fallen under censure, and been deemed accessary, by his neglect, to the mischiefs which might afterward have been perpe- trated by them. In this dilemma he finally deter- mined to comply with the orders and expectations of government j imagining that he should be able to satisfy those of the Indians whom he intended to 2 Z 2 420 THE HISTORY OF AMERICA. dismiss, and that the others would be removed out of the way of doing any further mischief; but he had no suspicion that he was laying a snare for his own life. It was unhappy for him that he was obliged, in deference to the laws of his country, and the orders of government, to give offence to a peopli who, having no public judicatories and penal l aw among themselves, were unable to distinguish be- tween a legal punishment and private malice. Two days after this surprisal, the forces proceeded on their route to the eastward, being joined with some of Waldron's and Frost's men ; and taking with them Blind Will, a sagamore of the Indians who lived about Cocheco, and eight of his people for pilots. The eastern settlements were all either de- stroyed or deserted, and no enemy was to be seen ; so that the expedition proved fruitless, and the com- panies returned to Pascataqua. It was then thought advisable, that they should march up toward the Ossapy ponds ; where ' the Indians had a strong fort of timber fourteen feet high, with flankarts ; which they had a few years before hired some English carpenters to build for them, as a defence against the Mohawks, of whom they were always afraid. It was thought that if the Indians could be surprised on their first return to their head quarters, at the beginning of winter, some considerable advantage might be gained against them ; or if they had not arrived there, that the provisions, which they had laid in for their winter subsistence, might be destroyed. Accordingly, the companies being well provided for a march at that season, set off on the first of November ; and after travelling four days through a rugged, mountainous wilderness, and crossing several rivers, they arrived at the spot; but found the fort and adjacent places entirely deserted, and saw not an Indian in all the way. Thinking it needless for the whole body to go further, the weather being severe, and the snow- deep, a select party was detached eighteen or twenty miles above; who discovered nothing but frozen ponds, and snowy mountains; and supposing the Indians had taken up their winter quarters nearer the sea, they returned to Newichwannock, within nine days from their first departure. They had been prompted to undertake this expe- dition by the false accounts brought by Mogg, an Indian of Penobscot, who had come to Pascataqua with a proposal of peace ; and had reported that an hundred Indians were assembled at Ossapy. This In- dian brought with him two men of Portsmouth, Fryer and Kendal, who had been taken on board a vessel at the eastward ; he was deputed by the Pe- nobscot tribe to consent to articles of pacification ; and being sent to Boston, a treaty was drawn and subscribed by the governor and magistrates on the one part, and by Mogg on the other ; in which it was stipulated, that if the Indians of the other tribes did not agree to this transaction, and cease hos- tilities, they should be deemed and treated as ene- mies by both parties. This treaty was signed on the sixth of November; Mogg pledging his life for the fulfilment of it. Accordingly, vessels being sent to Penobscot, the peace was ratified by Madoka- wando the sachem, and two captives were restored. But Mogg, being incautiously permitted to go to a neighbouring tribe, on pretence of persuading them to deliver their captives, though he promised to return in three days, was seen no more. It was at first thought that he had been sacrificed by his coun- trymen, as he pretended to fear when he left the vessels ; but a captive who escaped in January, 1677, gave an account, that he boasted of having deceived the English, and laughed at their kind entertain- ment of him. There was also a design talked of among them to break the peace in the spring, and join with the other Indians at the eastward in ruin- ing the fishery. About the same time it was dis- covered that some of the Narrhaganset Indians were scattered in the eastern parts; three of whom having been decoyed by some of the Cocheco Indians into their wigwams, and scalped, were known by the cut of their hair. This raised a fear in the minds of the people, that more of them might have found their way to the eastward, and would prosecute their re- venge against them. From these circumstances it was suspected, that the truce would be but of short continuance. The treachery of Mogg, who was surety for the perform- ance of the treaty, was deemed a full justification of the renewal of hostilities; and the state of things was, by some gentlemen of Pascataqua, represented to be so dangerous, that the government determined upon a winter expedition. Two hundred men, in- cluding sixty Natick Indians, were enlisted and equipped, and sailed from Boston the first week in February, under the command of Major Waldron ; a day of prayer having been previously appointed for the success of the enterprize. AtCasco the major had a fruitless conference, and a slight skirmish with a few Indians, of whom some were killed and wounded. At Kennebeck he built a fort, and left a garrison of foity men, under the command of Captain Sylvanus Davis. At Pe- maquid he had a conference with a company of In- dians, who promised to deliver their captives on the payment of a ransom. Part of it being paid, three captives were delivered, and it was agreed that the conference should be renewed in the afternoon, and all arms be laid aside. Some suspicion of their in- fidelity had arisen, and when the major went ashore in the afternoon with five men, and the remainder of the ransom, he discovered the point of a lance hid under a board, which he drew out and advanced with it toward them; charging them with treachery in concealing their arms so near. They attempted to take it from him by force ; but he threatened them with instant death, and waved his cap for a signal to the vessels. While the rest were coming on shore, the major with his five men secured the goods : some of the Indians snatching up a bundle of guns which they had hid, ran away. Captain Frost, who was one of the five, seized an Indian, who was well known to be a rogue, and with lieute- nant Nutter, carried him on board. The major searching about found three guns, with which he armed his remaining three men ; and the rest being come on shore by this time, they pursued the In- dians, killed several of them before they could reco- ver their canoes, and after they had pushed off, sank one with five men, who were drowned ; and took four prisoners, with about a thousand pounds of dried beef, and some other plunder. The whole number of the Indians was twenty-five. Whether the casual discovery of their arms, which they had agreed to lay aside, was sufficient to justify this severity, may be doubted ; since, if their inten- tions had really been hostile, they had a fine oppor- tunity of ambushing or seizing the major and his five attendants, who came ashore unarmed ; and it is not likely that they would have waited for the rest to come ashore before they opened the plot. Pos- sibly, this sudden suspicion might be groundless, and might inflame the prejudice against the majoi; UNITED STATES. 421 which had boon already excited by the seizure of their friends at Cochecho some time before. On the return of the forces, they found some wheat, guns, anchors and boards at Kennebeck, which they took with them. They killed two Indians on Ar- rowsick island, who, with one of the prisoners taken at Pemaquid, and shot on board, made the number of Indians killed in this expedition thirteen. They returned to Boston on the eleventh of March, without the loss of a man, bringing with them the bones of Captain Lake, which they found entire in the place where he was killed. There being no prospect of peace at the eastward, it became necessary to maintain great circumspec- tion and resolution, and to make use of every pos- sible advantage against the enemy. A long and inveterate animosity had subsisted between the Mo- hawks and the eastern Indians, the original of which is not mentioned, and perhaps was not known by any of the historians ; nor can the oldest men among the Mohawks at this day give any account of it. These Indians were in a state of friendship with their English neighbours; and being a fierce and for- midable race of men, their name carried terror wher- ever it was known. It was now thought, that if they could be induced to prosecute their ancient quarrel with the eastern Indians, the latter might be awed into peace, or incapacitated for any farther mischief. The propriety of this measure became a subject of debate ; some questioning the lawfulness of making use of their help, " as they were heathen ;" but it was urged in reply, that Abraham had entered into a confederacy with the Amorites, among whom he dwelt, and made use of their assistance in reco- vering his kinsman Lot from the hands of their com- mon enemy. With this argument the objectors were satisfied; and two messengers, Major Pynchon of Springfield, and Richards of Hartford, were dis- patched to the country of the Mohawks, who treated them with great civility, expressed the most bitter hatred against the eastern enemy, and promised to pursue the quarrel to the utmost of their power. Accordingly, some parties of them came down the country about the middle of March, and the first alarm was given at Amuskeeg falls ; where the son of Wonolanset being hunting, discovered, fifteen Indians on the other side, who called to him in a language which he did not understand ; upon which he fled, while they fired near thirty guns at him without effect. Presently after this they were dis- covered in the woods near Cochecho. Major Wal- dron sent out eight of his Indians, whereof Blind Will was one, for farther information. They were all surprised together by a company of the Mohawks ; two or three escaped, the others were either killed or taken : Will was dragged away by his hair ; and being wounded, perished in the woods, on a neck of land, formed by the confluence of Cochecho and Isinglass rivers, which still bears the name of Blind Will's Neck. This fellow was judged to be a secret enemy to the English, though he pretended much friendship and respect; so that it was impossible to have punished him, without provoking the other neighbour- ing Indians, with whom he lived in amity, and of whose fidelity there was no suspicion. It was at first thought a fortunate circumstance that he was killed in this manner ; but the consequence proved it to be otherwise ; for two of those who were taken with him escaping, reported that the Mohawks threatened de- struction to all the Indians in these parts without distinction : so that those who lived in subjection to the English grew jealous of their sincerity, and imagined, not without very plausible ground, that the Mohawks had been persuaded or hired to engage in the war, on purpose to destroy them ; since they never actually exercised their fury upon those In- dians who were in hostility with the English, but only upon those who were in friendship with them ; and this only in such a degree as to irritate, rather than to weaken or distress them. It cannot there- fore be thought strange that the friendly Indians were alienated from their English neighbours, and disposed to listen to the seducing stratagems of the French ; who in a few years after made use of them in conjunction with others, sorely to scourge these unhappy people. The English, in reality, had no such design ; but the event proved, that the scheme of engaging the Mohawks in the quarrel, however lawful in itself, and countenanced by the example of Abraham, was a pernicious source of innumer- able calamities. The terror which it was thought this incursion of the Mohawks would strike into the eastern Indians, was too small to prevent their renewing hostilities very early in the spring. Some of the garrison who had been left at Kennebeck were surprised by an ambush, as they were attempting to bury the dead bodies of their friends, who had been killed the sum- mer before, and had lain under the snow all the winter. The remainder of that garrison were then taken off and conveyed to Pascataqua; whither a company of fifty men and ten Natick Indians marched, under Captain Swaine, to succour the inhabitants, who were alarmed by scattered parties of the enemy, kill- ing and taking people, and burning houses in Wells, Kittery, and within the bounds of Portsmouth. A young woman who was taken from Rawling's house, made her escape and came into Cochecho, stating where the enemy lay. Three parties were dispatch- ed to ambush three places, by one of which they must pass. The enemy appearing at one of these places, were seasonably discovered ; but by the too great eagerness of the party to fire on them, they avoided the ambush and escaped. Soon after this the garrisons at Wells and Black Point were beset, and at the latter place the enemy lost their leader Mogg, who had proved so treacher- ous a negotiator. Upon his death they fled in their canoes, some to the eastward and others toward York, where they also did some mischief. On a sabbath morning, a party of twenty, under the gui- dance of Simon, surprised six of our Indians, who lay drunk in the woods, at a small distance from Portsmouth ; they kept all day hovering about the town, and if they had taken advantage of the people's absence from home, in attending the public worship, they might easily have plundered and burn- ed the outmost houses ; but they were providentially restrained. At night they crossed the river at the Long Reach, killed some sheep at Kittery, and then went toward Wells ; but, being afraid of the Mohawks, let their prisoners go. . Four men were soon after killed at North Hill, one of whom was Edward Col- cott, whose death was much regretted. More mischief being expected, and the eastern settlements needing assistance, the government or- dered 200 Indians of Natick, with forty English soldiers, under Captain Benjamin Swett, of Hamp- ton, and Lieutenant Richardson, to march to the falls of Taconick on Kennebeck river ; where it was said the Indians had six forts, well furnished with am- munition. The vessels came to an anchor off Black Point, where the captain being informed that son\e Indians had been seen, went on shore with a party, 422 THE HISTORY OF AMERICA. and being joined by some of the inhabitants so as to make about ninety in all, marched to seek the enemy, who shewed themselves on a plain in three parties. Swett divided his men accordingly, and went to meet them. The enemy retreated till they had drawn our people two miles from the fort, and then turning suddenly and violently upon them, threw them into confusion, they being mostly young and unexperienced soldiers. Swett, with a few of the more resolute, fought bravely on the retreat, till he came near the fort, when he was killed ; sixty more were left dead or wounded, and the rest got into the fort The victorious savages then surprised about twenty fishing vessels, which put into the eastern harbours by night ; the crews, not being ap- prehensive of danger on the water, fell an easy prey to them. Thus the summer was spent with terror and perplexity by the colonists; while the enemy rioted without control, till they had satiated their ven- geance, and greatly reduced the eastern settlements. At length, in the month of August, Major An- drosse, governor of New York, sent a sloop with some forces to take possession of the land which had been granted to the Duke of York, and build a fort at Pemaquid, to defend the country against the en- croachment of foreigners. Upon their arrival the Indians appeared friendly: and in evidence of their pacific disposition, restored fifteen prisoners with the fishing vessels. They continued quiet all the suc- ceeding autumn and winter, and lived in harmony with the new garrison. (1678.) In the spring, Major Shapleigh, of Kit- tery, Captain Champernoon and Mr. Fryer of Ports- mouth, were appointed commissioners to settle aformal treaty of peace with Squando and the other chiefs, which was done at Casco, whither they brought the remainder of the captives. It was stipulated in the treaty, that the inhabitants should return to their de- serted settlements, on condition of paying one peck of corn annually for each family, by way of acknowledg- ment to the Indians for the possession of their lands, and one bushel for Major Pendleton, who was a great proprietor. Thus an end was put to a tedious and distressing war, which had subsisted three years. The terms of peace were disgraceful, but not unjust, con- sidering the former irregular conduct of many of the eastern settlers, and the native property of the In- dians of the soil; certainly they were now masters of it, and it was entirely at their option whether the English should return to their habitations or not. It was therefore thought better to live peaceably, though in a sort of subjection, than to leave such commodious settlements and forego the advantages of trade and fishery, which were very considerable, and by which the inhabitants of that part of the country had chiefly subsisted. It was a matter of great inquiry and speculation, how the Indians were supplied with arms and am- munition to carry on this war. The Dutch at New York were too near the Mohawks for the eastern Indians to adventure thither. The French in Cana- da were too feeble, and too much in fear of the Eng- lish, to do any thing which might disturb their tran- quillity; and there was peace between the two na- tions. It was therefore supposed that the Indians had long premeditated the war, and laid in a stock beforehand. There had formerly been severe penal- ties exacted by the government, on the selling of arms and ammunition to the Indians ; but ever since 1657, licences had been granted to particular per- sons to supply them occasionally for the purpose oi hunting, on paying an acknowledgment to the public treasury. This indulgence, having been much abused by some of the eastern traders, who, far from the seat of government, were impatient of the restraint of law, was supposed to be the source of the mischief. But it was afterward discovered that the Baron de St. Castine, a reduced French officer, who had married a daughter of Madokawando, and kept a trading-house at Penobscot, where he considered himself as independent, being out of the limits of any established government, was the per- son from whom they had their supplies; which needed not be very great as they always husbanded their ammunition with much care, and never expend- ed it but when they were certain of doing execution. The whole burden and expense of this war, on the part of the colonists, were borne by themselves- It was indeed thought strange by their friends in Eng- land, and resented by those in power, that they made no application to the king for assistance. It was intimated to them by Lord Anglesey, " that his majesty was ready to assist them with ships, troops, ammunition, or money, if they would but ask it;" and their silence was construed to their disadvantage, as if they were proud, and obstinate, and desired to be considered as an independent state. They had indeed no inclination to ask favours from thence; being well aware of the consequence of laying them- selves under obligations to those who had been seek- ing to undermine their establishment; and remem- bering how they had been neglected in the late Dutch wars, when they stood in much greater need of assistance : the king had then sent ammunition to New York, but had sent word to New England, " that they must shift for themselves, and make the best defence they could." It was therefore highly injurious to blame them for not making application for help. But if they had not been so ill treated, they could not be charged with disrespect, since they really did not need foreign assistance. Ships of war and regular troops must have been altogether useless; and no one that knew the nature of an In- dian war could be serious in proposing to send them. Ammunition and money were necessary, but as they had long enjoyed a free trade, and had coined the bullion which they imported, there was no scarcity of money, nor of any stores which money could pur- chase. The method of fighting with Indians could be learned only from themselves. After a little ex- perience, a few men in scattered parties were of more service than the largest and best equipped armies which Europe could have afforded. It ought ever to be remembered for the honour of New England, that as their first settlement, so their preservation, increase, and defence, even in their weakest infancy, were not owing to any foreign assistance, but to their own magnanimity and perseverance. The gravest historians have recorded many omens, predictions, and other alarming circumstances, dur- ing this and the Pequod war, which in a more phi- losophical and less credulous age would not be worthy of notice. When men's minds were render- ed gloomy by the horrors of a surrounding wilder- ness, and the continual apprehension of danger from its savage inhabitants; when they were ignorant of the causes of many of the common appearances in nature, and were disposed to resolve every unusual appearance into prodigy and miracle, it is not to be wondered that they should imagine they heard the noise of drums and guns in the air, and saw flaming swords and spears in the heavens, and should even interpret eclipses as ominous. Some old Indians had intimated their apprehensions concerning the UNITED STATES 423 increase of the English, and the diminution of their own people, which any rational observer in a course of forty or fifty years might easily have foretold, without the least pretence to a spirit of prophecy; yet these sayings were recollected and recorded, as so many predictions by force of a supernatural im- pulse on their minds, and many persons of the greatest distinction were disposed to credit them as such. These things would not have been mentioned, but to give a just idea of the age. If mankind are now better enlightened, superstition is the less ex- cusable in its remaining votaries. Mason's renewed efforts Randolph's mission and trans- actions Attempt* for the trial of Mason's title New Hampshire separated from Massachusetts, and made a royal province Abstract of the commis- tion Remarks on it. (1675.) While the country was labouring under the perplexity and distress arising from the war, measures were taking in England to increase their difficulties, and divide their attention. The scheme of selling the provinces of New Hampshire and Maine to the crown being laid aside. Mason again petitioned the king for the restoration of his pro- perty; and the king 1'eferred the matter to his At- torney-General, Sir William Jones, and his Solicitor, General Sir Francis Winnington, who reported that " John Mason, Esq., grandfather to the petiti- oner, by virtue of several giants from the council of New England, under their common seal, was in- stated in fee in sundry great tracts of land in New England, by the name of New Hampshire ; and that the petitioner being heir at law to the said John had a good and legal title to the said lands" (1676.) Whereupon a letter was dispatched to the Massa- chusetts colony, requiring them to send over agents within six months, fully empowered to answer the complaints, which Mason and the heirs of Gorges had made, of their usurping jurisdiction over the territories claimed by them; and to receive the royal determination in that matter. Copies of the complaints were inclosed ; and Edward Randolph, a kinsman of Mason, a man of great address and penetration, resolute and indefatigable in business, was charged with the letters, and directed by the lords of trade to make enquiry into the state of the country. When he arrived, he waited on Governor Leverett, who read the king's letter, with the peti- tions of Mason and Gorges in council, Randolph being present, who could obtain no other answer than that " they would consider it." He then came into New Hampshire, and as he passed along, freely declared the business on which he was come, and publicly read a letter which Mason had sent to the inhabitants. Some of them he found ready to complain of the government, and desirous of a change ; but the body of the people were highly enraged against him ; and the inhabitants of Dover, in a public town-meeting, " protested against the claim of Mason ; declaring that they had bona fide purchased their lands of the Indians ; 'ecognized their subjection to the government of Massachusetts, under whom they had lived long and happily, and by whom they were now assisted in defending their estates and families against the savage enemy." They appointed Major Waldron " to petition the king in their behalf, that he would interpose his royal authority, and afford them his wonted favour ; that they might not be disturbed by Mason, or any other person, but continue peaceably in possession of their rights under the government of Massachu- setts." A similar petition was sent by the inhabi- tants of Portsmouth, who appointed John Cutts and Richard Martyn, Esqs., Captains Daniel and Stile- man, to draught and forward it. When Randolph returned to Boston, he had a severe reproof from the governor, for publishing his errand, and endeavouring to raise discontent among the people. To which he made no other answer than that " if he had done amiss, they might com- plain to the king." After about six weeks stay, he returned to Eng- land, and reported to the king, that " he had found the whole country complaining of the usurpation of the magistrates of Boston ; earnestly hoping and expecting that his majesty would not permit them any longer to be oppressed ; but would give them relief according to the promises of the commissioners in 1665." With the same bitterness of temper, and in the same strain of misrepresentation, he inveighed against the government in a long report to the lords of trade; which farther inflamed the prejudice that had long been conceived against the colony, and prepared the way for the separation which was me- ditated. After his departure, a special council being sum- moned, at which the elders of the churches were present, the question was proposed to them, " whether the best way of making answer to the complaints of Gorges and Mason about the extent of their patent, be by sending agents, or by writing only?" To which they answered, " that it was most expedient to send agents, to answer by way of information, provided they were instructed with much care and caution to negociate the affair with safety to the country, and loyalty to his majesty, in the preservation of their patent liberties." Accord- ingly William Stoughton, afterward lieutenant-go- vernor, and Peter Bulkley, then speaker of 'the house of deputies, were appointed agents, and sailed for England. (1677.) At their arrival, a hearing was ordered before the lords chief justices of the King's Bench and Common Pleas ; when the agents in the name of the colony disclaimed all title to the lands claimed by the petitioner, and to the jurisdiction beyond three miles northward of the river Merrimack, to follow the course of the river, so far as it extended. The judges reported to the king, " that they could give no opinion as to the right of soil, in the pro- vinces of New Hampshire and Maine, not having the proper parties before them ; it appearing that not the Massachusetts colony, but the ter-tenants ((/round-tenants) had the right of soil, and whole benefit thereof, and yet were not summoned to de- fend their titles. As to Mason's right of govern- ment within the soil he claimed, their lordships, and indeed his own counsel, agreed he had none ; the great council of Plymouth, under whom he claimed, having no power to transfer government to any. It was determined that the four towns of Portsmouth, Dover, Exeter, and Hampton, were out of the bounds of Massachusetts." This report was accepted, and confirmed by the king in council. (1679.) After this, at the request of the agents, Sir William Jones, the attorney-general, drew up a complete state of the case to be transmitted to the colony ; by which it seems that he had altered his opinion since the report which he gave to the king in 1675, concerning the validity of Mason's title. It was also admittted that the title could be tried only on the spot, there being no court in England that had cognizance of it. 424 THE HISTORY OF AMERICA. It became necessary then to the establishment of Mason's title, that a new jurisdiction should be erected, in which the king might direct the mode of trial and appeal at his pleasure : this being resolved upon, the colony of Massachusetts was informed, by a letter from the secretary of state, of the king's intention to separate New Hampshire from their government, and required to revoke all commissions which they had granted there, and which were thereby declared to be null and void. To prevent any extravagant demand, the king obliged the claim- ant to declare, under his hand and seal, that he would require no rents of the inhabitants for the time passed, before the 24th of June, 1679, nor mo- lest any in their possessions for the time to come ; but would make out titles to them and their heirs for ever, provided they would pay him sixpence in the pound, according to the yearly value of all houses which they had built, and lands which they had improved. Things being thus prepared, a commission passed the great seal on the 18th of September for the go- vernment of New Hampshire ; which ' inhibits and restrains the jurisdiction exercised by the colony of Massachusetts over the towns of Portsmouth, Dover, Exeter, and Hampton, and all other lands extend- ing from three miles to the northward of the river Merrimack, and of any and every part thereof, to the province of Maine ; constitutes a president and council to govern the province; appoints John Cutts, esq. president, to continue one year and till another be appointed by the same authority ; Richard Marty-n, William Vaughan, and Thomas Daniel of Portsmouth, John Oilman of Exeter, Christopher Hussey of Hampton, and Richard Waldron of Do- ver, esquires, to be of the council, who were autho- rised to chose three other qualified persons out of the several parts of the province to be added to them. The said president and every succeeding one to ap- point a deputy to preside in his absence ; the pre- sident or his deputy, with any five, to be a quorum. They were to meet at Portsmouth in twenty days after the arrival of the commission and publish it. They were constituted a court of record for the ad- ministration of justice, according to the laws of Eng- land, so far as circumstances would permit ; reserv- ing a right of appeal to the king in council for ac- tions of fifty pounds value. They were empowered to appoint military officers, and take all needful measures for defence against enemies. Liberty of conscience was allowed to all protestants, those of the church of England to be particularly encouraged. For the support of government they were to continue the present taxes, till an assembly could be called ; to which end they were within three months to issue writs under the province seal, for calling an assem- bly, to whom the president should recommend the passing such laws as should establish their alle- giance, good order and defence, and the raising taxes in such manner and proportion as they should see fit. All laws to be approved by the president and council, and then to remain in force till the king's pleasure should be known, for which purpose they should be sent to England by the first ships. In case of the president's death, his deputy to suc- ceed, and on the death of a counsellor, the remainder to elect another, and send over his name, with the names of two other meet persons, that the king might appoint one of the three. The king engaged for himself and successors to continue the privilege of an assembly, in the same manner and form, unless by inconvenience arising therefrom he or his heirs should see cause to alter the same. If any of the inhabitants should refuse to agree with Mason or his agents, on the terms before mentioned, the president and council were directed to reconcile the difference, or send the case stated in writing with their own opinions, to the king, that he with his privy council might determine it according to equity.* The form of government described in this com- mission, considered abstractedly from the immediate intentions, characters, and connexions of the per- sons concerned, appears to be of as simple a kind as the nature of a subordinate government and the liberty of the subject can admit. The people, who are the natural and original source of power, had a representation in a body chosen by themselves ; and the king was represented by a president and council of his own appointment ; each had the right of in- structing their representative, and the king had the superior prerogative of disannulling the acts of the whole at his pleasure. The principal blemish in the commission was the right claimed by the king of discontinuing the representation of the people whenever he should find it inconvenient, after he had solemnly engaged to continue this privilege. The clause, indeed, is artfully worded, and might be con- strued to imply more or less at pleasure. Herein Charles was consistent with himself, parliaments being his aversion. However, theie was in this plan as much of the spirit of the British constitution as there could be any foundation for in such a colony ; for here was no third branch to form a balance be- tween the king or his representative, and the people. The institution of an house of peers in Britain was the result of the feudal system : the barons being lords of the soil and enjoying a sovereignty within their own territories and over their own vassals ; the constitution was formed by the union of these dis- tinct estates under one common sovereign. But there was nothing similar to this in New England. The settlements began here by an equal division of property among independent freemen. Lordship and vassalage were held in abhorrence. The yeo- manry were the proprietors of the soil and the" na- tural defenders of their own rights and property ; and they knew no superior but the king. A council, whether appointed by him or chosen by the people, could not form a distinct body, because they could not be independent. Had "such a simple form of colony government been more generally adopted, and pcrseveringly adhered to, and administered only by the most delicate hands, it might have served better than any other, to perpetuate the dependence of the colonies on the British crown. The administration of the first Council Opposition to the acts of trade Mason's arrival Opposition to him His departure 'State oftra&e and navigation. (1680.) The commission was brought to Ports mouth on the 1st of January by Edward Randolph, than whom there could not be a more unwelcome messenger. It was received with great reluctance by the gentlemen therein named ; who, though they were of the first character, interest and influence', and had sustained the principal offices, civil and mi- litary, under the colony government ; yet easily saw that their appointment was not from any respect to them or favour to the people ; but merely to obtain a more easy introduction to a new form of govern- ment, for a particular purpose, which they knew would be a source of perplexity and distress. They would gladly have declined acting in their new ca- pacity ; but considering the temper of the govern- UNITED STATES. 425 ment in England, the unavoidable necessity of sub- mitting to the change, and the danger (upon their refusal) of others being appointed who would be inimical to the country, they agreed to qualify them- selves, determining to do what good, and keep off what harm they were able. They therefore pub- lished the commission, and took the oaths on the 22d day of January, which was beyond the utmost time limited in the commission. Agreeably to the royal direction they chose three other gentlemen into the council ; Elias Stileman of Great Island, who had been a clerk in the county courts, whom they now appointed secretary, Samuel Dalton of Hampton, and Job Clements of Dover. The president nomi- nated Waldron to be his deputy or vice president, Martyn was appointed treasurer, and John Ro- berts, marshal. The president, John Cutts, was a principal mer- chant, of great probity and esteem in Portsmouth ; but now aged and infirm. Richard Martyn, was of good character, and great influence. He had been very active in procuring the settlement of a minister in the town of Portsmouth. William Vaughan, was a wealthy, generous, and public-spirited merchant, and of undaunted resolution. He was of Welch ex- traction, but was educated in London under Sir Josiah Child, who had a great regard for him, and whose interest he made use of for the good of the province. Thomas Daniel, was a person of such note and importance, that when he died in a time of general sickness and mortality, Mr. Moody preach- ed his funeral sermon from 2 Sam. ii. 30. " There lacked of David's servants nineteen men and Asa- hel." John Gilman, was a man of considerable es- timation in Exeter, as was Christopher Hussey, in Hampton. Richard Waldron, was a native of So- mersetshire, and one of the first settlers in Dover. He was much respected and eminently useful, hav- ing sustained many important offices, civil and military, and approved his courage and fidelity in the most hazardous enterprises. This change of government gratified the discon- contented few, but was greatly disrelished by the people in general, as they saw themselves deprived of the privilege of choosing their own rulers, which was still enjoyed by the other colonies in New Eng- land, and as they expected an invasion of their pro- perty soon to follow. When writs were issued for calling a general as- sembly, the persons in each town who were judged qualified to vote were named in the writs ; and the oath of allegiance was administered to each voter. The number of qualified voters in each town was, in Portsmouth 71, Dover 61, Hampton 57, Exeter 20, total 209. A public fast was observed, to ask the divine blessing on the approaching assembly, and " the continuance of their precious and pleasant things." The assembly met at Portsmouth on the 16th of March, and was opened with a prayer and a sermon by Mr. Moody. To express their genuine sentiments of the pre- sent change, and invalidate the false reports which had been raised against them, as well as to shew their gratitude and respect to their former protectors, they wrote to the general court at Boston, "acknow- ledging the kindness of that colony, in taking them under their protection and ruling. them well; assur- ing them, that it was not any dissatisfaction with their government, but merely their submission to divine providence and his majesty's commands, with- out any seeking of their own, which induced them to comply with the present separation, which they should have been glad had never taken place; sig- nifying their desire that a mutual correspondence might be continued for defence against the common enemy, and offering their service when it should be necessary." It may not be uninteresting to give the names of the deputies in this first assembly which were for Portsmouth, Robert Eliot, Philip Lewis, John Pick- ering; for Dover, Peter Coffin, Anthony Nutter, Richard Waldron, jun.; for Hampton/ Anthony Stanyon, Thomas Marston, Edward Gove; for Exe- ter, Bartholomew Tippen, Ralph Hall. Their next care was to frame a code of laws of which the first, conceived in a style becoming free- men, was " that no act, imposition, law, or ordi- nance should be made or imposed upon them, but such as should be made by the assembly and ap- proved by the president and council." Idolatry, blasphemy, treason, rebellion, wilful murder, man- slaughter," poisoning, witchcraft, sodomy, bestiality, perjury, man stealing, cursing, and rebelling against parents, rape and arson, were made capital crimes. The other penal laws were in their main principles the same that are now in force. To prevent con- tentions that might arise by reason of the late change of government, all townships and grants of land were confirmed, and ordered to remain as before; and controversies about the titles of land were to be de- termined by juries chosen by the several towns, ac- cording to former custom. The president and coun- cil, with the assembly, were a supreme court of judi- cature, with a jury when desired by the parties; and three inferior courts were constituted at Dover, Hampton, and Portsmouth. The military arrange- ment was, one foot company in each town, one com- pany of artillery at the fort, and one troop of horse, all under the command of Major Waldron. During this administration, things went on as nearly as possible in the old channel, and with the same spirit, as before the separation. A jealous watch was kept over their rights and privileges, and every encroachment upon them was withstood to the utmost. The duties and restrictions established by the acts of trade and navigation were universally disgustful, and the more so as Randolph was ap- pointed collector, surveyor and searcher of the cus- toms throughout New England. In the execution of his commission he seized a ketch belonging to Portsmouth, but bound from Maryland to Ireland, which had been put into this port for a few days. The master, Mark Hunking, brought an action against him at a special court before the president and council, and recovered damages and costs to the amount of 13/. Randolph behaved on this oc- casion with such insolence, that the council obliged him publicly to acknowledge his offence and ask their pardon. He appealed from their judgment to the king, but what the issue was does not appear. Having constituted Captain Walter Barefoote his deputy at this port, an advertisement was published requiring that all vessels should be entered and cleared with him. Upon which Barefoote was brought to examination, and afterwards indicted before the president and council, for " having in an high and presumptuous manner set up his majesty's office of customs without leave from the president and coun- cil, in contempt of his majesty's authority in this place; for disturbing and obstructing his majesty's subjects in passing from harbour to harbour, and town to town ; and for his insolence in making no other answer to any question propounded to him, but ' my name is Walter.' " He was sentenced to 426 THE HISTORY OF AMERICA. pay a fine of 101. and stand committed till it was paid. But though Randolph's authority was denied, yet they made an order of their own for the observa- tion of the acts of trade, and appointed officers of their own to see them executed. They had been long under the Massachusetts government, and learned their political principles from them; and as they had been used to think that all royal au- thority flowed in the channel of the charter, so they now thought that no authority derived from the crown could be regularly exercised in the province but through their commission. In this they reasoned agreeably not only to their former principles, but to their fundamental law, to which they steadily ad- hered, though they had no reason to think it would be allowed by the crown ; and though they knew that a rigid adherence to rights, however clear and sacred, was not the way to recommend themselves to royal favour. But they were not singular in these sentiments, nor in their opposition to the laws of trade. Randolph was equally hated, and his com- mission neglected at Boston, where the notary re- fused to enter his protest against the proceedings of the court, and he was obliged to post it on the exchange. In the latter end of the year, Mason arrived from England with a mandamus, requiring the council to admit him to a seat at the board, which was accord- ingly done. He soon entered on the business he came about, endeavouring to persuade some of the people to take leases of him threatening others if they did not forbidding them to cut firewood and timber asserting his right to the province, and as- suming the title of lord-proprietor. His agents, or stewards as they were called, had rendered them- selves obnoxious by demanding rents of several per- sons and threatening to sell their houses for payment. (1681.) These proceedings raised a general un- easiness, and petitions were sent from each town, as well as from divers individuals, to the council for protection, who taking up the matter judicially, published an order prohibiting Mason or his agents at their peril to repeat such irregular proceedings, and declaring their intention to transmit the griev- ances and complaints of the people to the king. Upon this Mason would no longer sit in council, though desired, nor appear when sent for; when they threatened to deal with him as an offender, he threatened to appeal to the king, and published a summons to the president and several members of the council, and others, to appear before his majesty in three months. This was deemed " an usurpation over his majesty's authority here estab- lished," and a warrant was issued for apprehending him, but he got out of their reach and went to England. During these transactions president Cutts died, and Major Waldron succeeded him, appointing Cap- tain Stilcman for his deputy, who had quitted his place of secretary upon the appointment of Richard Chamberlayne to that office by royal commission. The vacancy made in the council by the president's death, was filled by Richard Waldron, jun. On the death of Dalton, Anthony Nutter was chosen. Henry Dow was appointed marshal in the room of Roberts, who resigned. (1682.) During the remainder of the council's administration, the common business went on in the usual manner, and nothing remarkable is mentioned, excepting another prosecution of Barefoote, with his assistants, William Haskins and Thomas Thurton, for seizing a vessel "under pretence of his ma- jesty's name, without the knowledge of the au- toontiss of the province, and without shewing any breach of statute though demanded." Barefoote pleaded his deputation from Randolph, but he was amerced 20Z. to be respited during his good beha viour, and his two assistants 5/. each; the complain ant being left to the law for his damages. Thin affair was carried by appeal to the king ; but the issue is not mentioned. It will be proper to close the account of this ad ministration with a view of the state of the province as to its trade, improvements and defence, from the following representation made by the council to the lords of trade, pursuant to their order. "The trade of the province is in masts, planks, boards, and staves, and all other lumber, which at present is of little value in other plantations, to which they are transported, so that we see no other way for the advantage of the trade, unless his ma- jesty please to make our river a free port. " Importation by strangers is of little value; ships commonly selling their cargoes in other govern- ments, and if they come here, usually come empty to fill with lumber: but if haply they are at any time loaded with fish, it is brought from other ports, there being none made in our province, nor likely to be, until his majesty please to make the south part of the Isles of Shoals part of this government, they not being at present under any. " In reference to the improvement of lands by til- lage, our soil is generally so barren, and the winters so extreme cold and long, that there is not provision enough raised to supply the inhabitants, many of whom were in the late Indian war so impoverished, their houses and estates being destroyed, and they and others remaining still so incapacitated for the improvement of the land, (several of the youth being killed also) that they even groan under the tax or rate assessed for that service, which is, great part of it, unpaid to this day. " There is at the Great Island in Portsmouth, at the harbour's mouth, a fort well enough situated, but for the present too weak and insufficient for the de- fence of the place ; the guns being eleven in num- ber, are small, none exceeding a sacre (six- pounder) nor above twenty-one hundred weight, and the people too poor to make defence suitable to the occasion that may happen for the fort. " These guns were bought, and the fortification erected, at the proper charge of the towns of Dover and Portsmouth, at the beginning of the first Dutch war, about the year 1665, in obedience to his ma- jesty's command in his letter to the government, under which this province then was. " There are five guns more lying at the upper part of Portsmouth, purchased by private persons, for their security and defence against the Indians in the late war with them, and whereof the owners may dispose at their pleasure. To supply the aforesaid defect and weakness of the guns and fort, we humbly supplicate his majesty to send us such guns as shall be more serviceable, with powder and shot." By an account of the entries in the port annexed to the above, it appears, that from the 15th of June 1680, to the 12th of April 1681, were entered, twenty-two ships, eighteen ketches, two barks, three pinks, one shallop and one fly boat : in all forty- seven. " The Isles of shoals," mentioned in the foregoing report, must have been settled very early, though exactly when is uncertain : as they are most commodiously situated for the fishery, they were a principal object with the first settlers. While New Hampshire was united to Massachusetts, they were under the same jurisdiction, and the town there UNITED STATES. 427 erected was called Appledore. They are not named in Cutts' nor Cranfield's commission: but under Dudley's presidency, causes were brought from thence to Portsmouth, which is said to be in the same county. In Allen's and all succeeding commissions, they are particularly mentioned; the south half of them being in New Hampshire. Taxes were commonly paid in lumber or provisions at stated prices ; and whoever paid them in money was abated one-third part. The prices in 1680, were as follows : merchantable white pine boards per thousand, 30s. ; white oak pine staves per thousand, 31. ; red oak ditto per thousand, 30s. ; red oak hogs- head ditto per thousand, 25s.: Indian corn per bushel, 3s. ; wheat per bushel, 5s. ; malt per bushel, 4*. Silver was 6s. 8d. per ounce. The administration of Cranfield Violent measures- Insurrection, trial, and imprisonment of Cove- Mason's suits Vaughan's imprisonment Prosecu- tion of Moody and his imprisonment Arbitrary pro- ceedings Complaints Tumults Weare's agency in England Cranfield's removal Barefoote' s ad- ministration. (1682.) Experience having now convinced Mason, that the government which he had procured to be erected was not likely to be administered in a man- ner favourable to his views, he made it his business, on his return to England, to solicit a change ; in consequence of which it was determined to commis- sian Edward Cranfield, esq. lieut.-governor and com- mander in chief of New Hampshire. By a deed en- rolled in the court of chancery, Mason surrendered to the king one-fifth part of the quit-rents, which had or should become due : these, with the fines and forfeitures which had accrued to the crown since the establishment of the province, and which should af- terward arise, were appropriated to the support of the governor. But this being deemed too precarious a foundation, Mason by another deed mortgaged the whole province to Cranfield, for twenty-one years, as security for the payment of 150/. per annum, for the space of seven years. On this encouragement, Cranfield relinquished a profitable office at home, with the view of bettering his fortune here. By the commission, which bears date the 9th of May, the governor was impowered to call, adjourn, prorogue and dissolve general courts ; to have a ne- gative voice in all acts of government ; to suspend any of the council when he should see just cause (and every counsellor so suspended was declared in- capable of being elected into the general assembly) ; to appoint a deputy governor, judges, justices, and other offices, by his sole authority ; and to execute the powers of vice-admiral. The case of Mason was recited nearly in the same words as in the former commission, and the same directions were given to the governor to reconcile differences, or send cases fairly stated to the king in council, for his decision. The counsellors named in this commission were Ma- son, who was styled proprietor, Waldron, Daniel, Vaughan, Martyn, Oilman, Stileman, and Clements : these were of the former council, and to them were added Walter Barefoote, and Richard Chamber- lay ne. Cranfield arrived and published his commission on the 4th of October, and within six days Waldron and Martyn were suspended from the council, on certain articles exhibited against them by Mason. This early specimen of the exercise of power must have been intended as a public affront to them, in revenge for their former spirited conduct; otherwise their names might have been left out of the commis- sion when it was drawn. The people now plainly saw the dangerous designs formed against them. The negative voice of a go- vernor, his right of suspending counsellors, and ap- pointing officers, by his own authority, were wholly unprecedented in New England; and they had the singular mortification to see the crown not only ap- pointing two branches of their legislature, but claim- ing a negative on the election of their representa- tives, in a particular case, which might sometimes be essentially necessary to their own security. They well knew that the sole design of these novel and extraordinary powers was to facilitate the entry of the claimant on the lands which some of them held by virtue of grants from the same authority, and which had all been fairly purchased of the Indians ; a right which they believed to be of more validity than any other. Having by their own labour and expense subdued a rough wilderness, defended their families and estates against the savage enemy, with- out the least assistance from the claimant, and held possession for above fifty years ; they now thought it hard and cruel, that when they had just recovered from the horrors of a bloody war, they should have their liberty abridged, and their property demanded, to satisfy a claim which was at best disputable, and in their opinion groundless. On- the other hand it was deemed unjust, that grants made under the royal authority should be disregarded ; and that so great a sum as had been expended by the ancestor of the claimant, to promote the settlement of the country, should be entirely lost to him ; especially as he had foregone some just claims on the estate as a condition of inheritance. Had the inhabitants by any fraudulent means impeded the designs of the original grantee, or embezzled his interest, there might have. been a just demand for damages; but the unsuccessfulness of that adventure was *o be sought for in its own impracticability, or the negli gence, inability, or inexperience of those into whose hands the management of it fell after Captain Ma- son's death, and during the minority of his successor. An assembly, being summoned, met on the 14th of November; with whose concurrence a new body of laws was enacted, in some respects different from the former ; the fundamental law being omitted, and an alteration made in the appointment of jurors, which was now ordered to be done by the sheriff, after the custom in England. Cranfield, who made no secret of his intention to enrich himself, by accepting the government, on the first day of the assembly restored Waldron and Martyn to their places in the council ; having, as he said, examined the allegations against them, and found them insufficient. In return for this shew of complaisance, and taking advantage of his needy situation, the assembly having ordered an assess- ment of five hundred pounds, appropriated one half of it as a present to the governor ; hoping thereby to detach him from Mason, who they knew could never comply with his engagements to him. Pre- ferring a certainty to an uncertainty, he passed the bill, though it was not presented to him till after he had given orders for adjourning the court, and after Mason, Barefoote, and Chamberlayne, were with- drawn from the council. (1683.) This appearance of good humour was but short-lived ; for at the next session of the assembly, the governor and council having tendered them a bill for the support of government, which they did not approve, and they having offered him several 428 THE HISTORY OF AMERICA. bills which he said were contrary to law, he dis- solved them ; having previously suspended Stileman from the council, and dismissed him from the com- mand of the fort, for suffering a vessel under seizure to go out of the harbour. Barefoote was made cap- tain of the fort in his room. The dissolution of the assembly, a thing before unknown, aggravated the popular discontent, and kindled the resentment of some rash persons in Hampton and Exeter; who, headed by Edward Gove, a member of the dissolved assembly, declared, by sound of trumpet " for liberty and reformation." There had been a town meeting at Hampton, when a new clerk was chosen, and their records secured. Gove went from town to town, proclaiming what had been done at Hampton, carrying his arms, de- claring that the governor was a traitor, and had exceeded his commission, and that he would not lay down his arms till matters were set right and en- deavouring to excite the principal men in the pro- vince to join in a confederacy to overset the govern- ment. His project appeared to them so wild and dangerous, that they not only disapproved it, but informed against him, and assisted in apprehending him. Hearing of their design, he collected his company, and appeared in arms; but on the per- suasion of some of his friends he surrendered. A special court was immediately commissioned for his trial, of which Major Waldron sat as judge, with William Vaughan and Thomas Daniel assistants. The grand jury presented a bill, in which Edward Gove, John Gove, his son, and William Hely, of Hampton; Joseph, John, and Robert Wadleigh, three brothers, Thomas Rawlins, Mark Baker, and John Sleeper, of Exeter, were charged with high treason. Gove, who behaved with great insolence before the court, and pretended to justify what he had done, was convicted, and received sentence of death in the usual form ; and his estate was seized, as forfeited to flie crown. The others were con- victed of being accomplices, and respited. The king's pleasure being signified to the governor that he should pardon such as he judged objects of mercy; they were all set at liberty but Gove, who was sent to England, and imprisoned in the tower of London about three years. On his repeated pe- titions to the king, and by the interest of Randolph with the Earl of Clarendon, then lord chamberlain, he obtained his pardon, and returned home in 1G8G, with an order to the then president and council of New England to restore his estate. Gove, in his petitions to the king, pleaded " a distemper of mind" as the cause of those actions for which he was prosecuted. He also speaks in some of his private letters of a drinking match at his house, and that he had not slept for twelve days and nights, about that time. When these things are considered, it is not hard to account for his conduct. From a letter which he wrote to the court while in prison, one would suppose him to have been dis- ordered in his mind. His punishment was by much too severe, and his trial was hurried on too fast, i1 being only six days after the commission of his crime. Had he been indicted only for a riot, there would have been no difficulty in the proof, nor hardship in inflicting the legal penalty. Waldron it is said, shed tears when pronouncing sentence o death upon him. On the 14th of February the governor, by adver- tisement, called upon the inhabitants to take out leases from Mason within one month, otherwise he must, pursuant to his instructions, certify the refusa ;o the king, that Mason might be discharged of his obligation to grant them. Upon this summons, and within the time set, Major Waldron, John Win- jett, and Thomas Roberts, three of the principal landholders in Dover, waited on the governor to know his pleasure, who directed them to agree with Mason. They then retired into another room where Mason was, and proposed to refer the matter to the governor, that he might, according to his commis- sion, state the matter to the king fur his decision. This proposal Mason rejected, saying that unless they would own his title, he would have nothing to do with them. While they were in discourse the governor came in, and desired them to depart. This piece of conduct is difficult to be accounted for, it being directly in the face of the commission. Had the method therein prescribed, and by these men proposed, been adopted, it was natural to expect that the king, who had ail along favoured Mason's pretensions, would have determined the case as much to his wish as upon an appeal from a judicial court; besides, he had now the fairest opportunity to have it decided in the shortest way, to which his antagonists must have submitted, it being their own proposal. His refusal to accede to it was a great mistake, as it left both him and Cranfield exposed to the charge of disobedience. But it afforded a powerful plea in behalf of the people ; whose confi- dence in the royal justice would have induced them to comply with the directions in the commission. It being now impossible to have the controversy thus decided, they determined to hearken to none of hii proposals. As he generally met with opposition and contradiction, he was induced to utter many rash sayings in all companies. He threatened to seize the principal estates, beggar their owners, and pro- voke them to rebellion, by bringing a frigate into the harbour, and procuring soldiers to be quartered on the inhabitants. These threats were so far from intimidating the people, that they served the more firmly to unite them in their determination not to submit ; and each party was now warm in their op- position and resentment. The governor, on some fresh pretence, suspended Waldron, Martyn, and Gilman, from the council. The deaths of Daniels and Clements made two other vacancies. Vaughan held his seat the longest, but was at length thrust out for his non-compliance with some arbitrary measures. So that the governor had it in his power to model the council to his mind, which he did, by appointing at various times Na- thaniel Fryer, Robert Eliot, John Hinckes, James Sherlock, Francis Shampernoon, and Edward Ran- dolph, Esqs. The judicial courts were also filled with officers proper for the intended business. Bare- foote, the deputy-governor, was judge : Mason was chancellor; Charnberlayne was clerk and prothono- tary ; Randolph was attorney-general, and Sherlock provost marshal and sheriff. Some, who had always been disaffected to the country, and others who had been awed by threats, or flattered by promises, took leases from Mason ; and these serve'd for umler-she- rift's, jurors, evidences, and other necessary persons. Things being thus prepared, Mason began his law-suits by a writ against Major Waldron (who had always distinguished himself in opposition to this claim), for holding lands and felling timber to the amount of 4,OOOJ. The major appeared in court, and changellcd every one of the jury as interested persons, some of them having taken leases of Mason, and all of them living upon the lands which he claimed. The judge then caused the oath of voire UNITED STATES. 429 dire to be administered to each juror, purporting " that he was not concerned in the lands in ques- tion, and that he should neither gain nor lose by the cause." Upon which the major said aloud to the people present, " That his was a leading case, and that if he were cast they must all become tenants lo Mason ; and that all persons in the province being interested, none of them could legally be of the jury." The case however went on ; but he made no defence, asserted no title, and gave no evidence on his part. Judgment was given against him, and at the next court of sessions he was fined bl. for "mutinous and seditious words." Suits were then instituted against all the principal landholders in the province, who, following Wal- dron's example, never made any defence. Some, chiefly of Hampton, gave in writing their reasons for not joining issue, which were, the refusal of Mason to comply with the directions in the commis- sion ; the impropriety of a jury determining what the king had expressly reserved to himself; and the incompetency of the jury, they being all interested persons, one of whom had said that " he would spend his estate to make Mason's right good." These reasons were irritating rather than convincing to the court. The jury never hesitated in their ver- dicts. From seven to twelve causes were dispatched in a day, and the costs were multiplied from bl. to 201. Executions were issued, of which two or three only were levied ; but Mason could neither keep possession of the premises nor dispose of them by sale, so that the owners still enjoyed them. Several threatened to appeal to the king, but Major Vaughan alone made the experiment. A suit was also commenced against Martyn, who had been treasurer, for the fines and forfeitures re- ceived by him, during the former administration; and judgment was recovered for 711. with costs. Martyn petitioned Mason as chancellor, setting forth that he had received and disposed of the money according to the orders of the late president and council, and praying that the whole burden might not lie upon him. A decree was then issued for the other surviving members of the late council, and the heirs of those who were dead, to bear their propor- tion. This decree was afterwards reversed by the king in council. Cranfield with his council had now assumed the whole legislative power. They prohibited vessels from Massachusetts to enter the port, because the acts of trade were not observed in that colony : they fixed the dimensions of mercantile lumber; altered the value of silver money, which had always passed by weight at 6s. Sd. per ounce, and ordered that dollars should be received at 6s. each, which was then a great hardship, as many of them were greatly- deficient in weight: they also changed the bounds of townships; established fees of office; made regu- lations for the package of fish, and ordered the con- stables to forbear collecting any town or parish taxes till the province tax was paid, and the accounts set- tled with the treasurer. The public grievances having become insupport- able, the people were driven to the necessity of mak- ing a vigorous stand for their liberties. The only regular way was by complaint to the king. Having privately communicated their sentiments to each other, and raised money by subscription, they ap- pointed Nathanial Weare, Esq., of Hampton, their agent; and the four towns having drawn and sub- scribed distinct petitions of the same tenor, Weare privately withdrew to Boston from whence he sailed for England. Major Vaughan who accompanied him to Boston, and was appointed to procure depo- sitions to send after him, was, upon his return to Portsmouth, brought to an examination, treated with great insolence, and required to find sureties for his good behaviour, which, having broken no law, he refused, and was by the governor's own warrant im- mediately committed to prison, where he was kept nine months to the great damage of his health, and of his own as well as the people's interest. (1684.) Amidst these multiplied oppressions, Cran- field was still disappointed of the gains he had ex- pected to reap from his office; and found to his great mortification, that there was no way of supplying his wants, but by application to the people through an assembly. He had already abused them so much that he could hope nothing from their favour, and was therefore obliged to have recourse to artifice. On a vague rumour of a foreign war, he pretended much concern for the preservation of the province from invasion; and presuming that they would shew the same concern for themselves, he called an assembly at Great Island where he resided, to whom he ten- dered a bill, which in a manner totally unparlia- mentary, had been drawn and passed by the council, for raising money to defray the expense of repairing the fort, and supplying it with ammunition, and for other necessary charges of government. The house debated awhile, and adjourned for the night, and the tide serving, the members went up to the town. In the morning they returned the bill with their negative, at which the governor was highly enraged, and telling them that they had been to consult with Moody, and other declared enemies of the king and church of England, he dissolved them; and after- ward by his influence with the court of sessions, di- vers of the members were made constables for the following year. Some of them took the oath, and others paid the fine, which was 101. Thus by a mean and execrable revenge, he taxed those whom he could not persuade to tax their constituents for his purposes. But Moody was marked as an object of peculiar vengeance. He had for some time rendered him- self obnoxious by the freedom and plainness of his pulpit discourses, and his strictness in administering the discipline of the church; one instance of which merits particular notice. Randolph having seized a vessel, it was in the night carried out of the harbour. The owner, who was a member of the church, swore that he knew nothing of it, but upon trial there ap- peared strong suspicions that he had perjured him- self: he found mean.? to make up the matter with the governor and collector, but Moody being con- cerned for the purity of his church, requested of the governor copies of the evidence, that the offender might be called to account in the way of ecclesias- tical discipline. Cranfield sternly refused, saying that he had forgiven him, and that neither the church nor minister should meddle with him. and even threatened Moody in case he should. Not in- timidated, Moody consulted the church, and preached a sermon against false swearing; then the offender, being called to account, was censured, and at length brought to a public confession. This procedure ex- tremely disgusted the governor, who had no way then in his power to shew his resentment. But malice, ever fruitful in expedients to attain its ends, suggested a method, which, to the scandal of the English nation, has been too often practised. The penal laws against nonconformists were at this time executing with great rigour in England; and Cran- 430 THE HISTORY OF AMERICA. field, ambitious to ape his royal master, determined to play off the ecclesiastical artillery here, the di- rection of which he supposed to be deputed to him with his other powers. He had attempted to impose upon the people the observation of the 30th of Jan- uary as a fast, and restrain them from manual labour at Christmas : but his capital stroke was to issue an order in council " That after the 1st of January, the ministers should admit all persons of suitable years and not vicious, to the lord's supper, and their child- ren to baptism; and that if any person should desire Dapfeism, or the other sacrament to be administered according to the liturgy of the church of England, it should be done in pursuance of the king's com- mand to the colony of Massachusetts; and any minister refusing so to do, should suffer the penalty of the statutes of uniformity." The same week in which he dissolved the assembly, he signified to Moody in writing, by the hands of the sheriff, that himself, with Mason and Hinckes, in- tended to partake of the Lord's supper the next Sunday, requiring him to administer it to them ac- cording to the liturgy ; and, as they justly expected, he at once denied them. The way was now opened for a persecution ; and the attorney-general, Joseph Rayn, by the governor's order exhibited an infor- mation at the next court of sessions, before Walter Barefoote, Judge, Nathaniel Fryer and Henry Greene, assistants, Peter Coffin, Thomas Edgerly and Henry Robie, justices, setting forth, " that Joshua Moody, clerk, being minister of the town of Portsmouth, within the dominions of King Charles, was by the duty of his place and the laws of the realm, viz. the statutes of the fifth and sixth of Ed- ward VI., the first of Elizabeth, and the thirteenth and fourteenth of Charles II., required to adminis- ter the Lord's supper in such form as was set forth in the book of Common Prayer, and no other. But that the said Moody, in contempt of the laws, had wilfully and obstinately refused to administer the same to the Honourable Edward Cranfield, Robert Mason, and John Hinckes, and did obstinately use some other form." Moody in his defence pleaded, that he was not episcopally ordained as the statutes required ; nor diet he receive his maintenance ac- cording to them, and therefore was not obliged to the performance of what had been commanded; that the alleged statutes were not intended for these plan- tations, the known and avowed end of their settle- ment being the enjoyment of freedom from the im- position of those laws ; which freedom was allowed and confirmed by the king, in the liberty of con- science granted to all protestants, in the governor's commission. Four of the justices, viz. Greene, Ro- bie, Edgerly, and Fryer, were at first for acquitting him ; but the matter being adjourned till the nexi day, Cranfield found means before morning to gain Robie and Greene, who then joined with Barefoote and Coffin, in sentencing him to six months impri sonment, without bail or mainprize. The other twc persisted in their former opinion, and were soon afte; removed from all their offices. Moody was imme diately ordered into custody, without being permittee first to see his family ; and he remained under con finement, in company with Major Vaughan, at the house of Captain Stileman, with liberty of the yard for thirteen weeks, " his benefice" being declarec forfeited to the crown. The next week after Moody' trial, the governor in a profane bravado, sent won to Seaborn Cotton, minister of Hampton, that "when he had prepared his soul, he would come and demand the sacrament of him as he had done at Portsmouth. 1 Upon which Cotton withdrew to Boston. The mi- lister of Dover, John Pike, was apparently unmo- ested. Exeter had then no settled minister. During Moody's imprisonment, Cranfield would either suffer him to go up to the town to preach, or the people to assemble at the island to hear, nor tie neighbouring ministers to supply his place ; only he family where he was confined were permitted to )e present with him at Sabbath exercises. But while he governor was absent on a tour to New York, Mason gave leave for opening the meeting-house wice, when they obtained a minister to officiate ; he ,lso allowed both Moody and Vaughan to make a hort visit to their families. At length, by the in- erposition of friends, Moody obtained a release, hough under a strict charge to preach no more within the province, on penalty of farther imprison- ment. He then accepted an invitation from the first church in Boston ; where being out of the reach of his persecutors, he was employed as a preacher, and was so highly esteemed, that upon the death of President Rogers he was invited to take the over- ight of the college, which he modestly declined, ind continued his ministrations at Boston, frequently visiting his destitute church at Portsmouth, at their >rivate meetings, till 1692, when, the government )eing in other hands, and the eastern country under .rouble by the Indians, at the earnest request of his people, and by the advice of an ecclesiastical coun- cil, he returned to his charge at Portsmouth, and pent the rest of his days there in usefulness, love, and peace. Upon a calm review of this prosecution, one can lardly tell which is most detestable, the vindictive ;emper which gave it birth, or the profaneness and lypocrisy with which it was conducted. The pre- ;ended zeal of the prosecutors was totally inconsist- ent with a due regard to those laws, and the prin- ciples of that church, for which they made themselves such contemptible champions. For it had been long before this time, a received opinion in the church of England, that the validity of all the sacramental administrations depends on authority derived from the apostles, by episcopal ordination, in an uninter- rupted succession ; and one of the statutes on which the prosecution was grounded, enacts lt lhac no person shall presume to consecrate and administer the Lord's supper, before he be ordained a priest by episcopal ordination, on pain of forfeiting for every offence, 100/." The ministers then in the province, being destitute of the grand pre-requisite, were in- capable by the act of doing what was so peremptorily required of them ; and had they complied with the governor's order, must have exposed themselves to the penalty, if he had pleased to exact it from them. But the extending these penalties to the king's American subjects, who had fled thither from the rod of prelatic tyranny, was a most unwarrantable stretch of power ; since the last of these acts, and the only one which had been made since the settlement of the colonies, was expressly restricted in its operation, to " the realm of England, dominion of Wales, and town of Berwick upon Tweed." Disappointed in all his schemes for raising money by an assembly, Cranfield next ventured on the project of taxing the people without their consent, The pretext for this was a clause in the commission, empowering him, with the council, " to continue such taxes as had been formerly levied, until a ge- neral assembly could be called." This had been done, without "offence, at the beginning both of this and the former administration, when the change of UNITED STATES. 431 government rendered it necessary. But the council, though too much devoted to him, were not easily persuaded into the measure at this time ; till fear at length accomplished what reason could not approve : for, letters being received from the eastward, stating the discovery of a plot among the Indians, who were instigated by Castine the Frenchman to renew the war early in the spring, the council were summoned in haste, and presently agreed to the governor's proposal for continuing such taxes as had been formerly laid, which he told them were necessary for the immediate defence and security of the province. This affair, however, was kept secret for the pre- sent : and the people were first to be convinced of the governor's paternal care and kindness in taking the necessary precautions for their safety. It was ordered that the meeting-houses in each town should be fortified, and bye garrisons were established in convenient places : supplies of ammunition were ordered to be provided : circular letters were dis- patched to the governors of the neighbouring colo- nies, informing them of the danger ; and, to crown the whole, Cranfield himself, at the request of the council, undertook a tour to New York, to solicit the governor, Dongan, for a number of the Mohawks to come down and destroy the eastern Indians; promising to pay them for their services out of the money which was thus to be raised. At his return from this excursion, he found him- self under some embarrassment in his favourite views, from a letter of the lords of trade, which di- rected him to make use of an assembly, in raising money on the people. He could not, therefore, avoid calling one, though he immediately dissolved it, because several of the members were those whom he had formerly ordered to be made constables. At the same time, in his letters to the secretary of state, he represented the assembly as persons of such a mutinous and rebellious disposition, that it was not safe to let them convene ; that they had never given any tiling toward the support of government; that he was obliged to raise money without them; and that it was impossible for him to serve his majesty's interest without a ship of war to enforce his orders ; and, finally, he desired leave to go to the West Indies for the recovery of his health. When this business was dispatched, warrants were issued for collecting the taxes ; which caused fresh murmur- ings and discontent among the people. But however disaffected to the governor and his creatures, they were always ready to testify their obedience to the royal orders ; an instance of which occurred at this time. The seas of America and the West Indies being much infested with pirates, the king sent orders to all the governors and colony as- semblies, directing acts to be made for the suppress- ing of piracy and robbery on the high seas. Cran- fi-eld, having received this order, summoned an as- sembly ; and though it consisted almost entirely of the same persons who were in the last, he suffered them to pass the act, and then quietly dissolved them : and this was the last assembly that he called. The tax-bills were first put into the hands of the newly-made co-nstables; who soon returned them, informing the governor that the people were so averse from the method, that it was impossible to collect the money. The provost, Thomas Thurton, was then commanded to do it, with the assistance of his deputies and the constables. The people still refusing compliance, their cattle and goods were taken by distraint, and sold by auction : those who would neither pay nor discover their goods to the officers, were apprehended and imprisoned; and some of the constables, who refused to assist, suffered the same fate. The more considerate of the people were disposed to bear these grievances, though highly irritating, till they could know the result of their applications to the king. But in a country where the love of liberty had ever been the ruling passion, it could not be expected but that some forward spirits would break the restraints of prudence, and take a summary method to put a stop to their op- pressions. Several persons had declared that they would sooner part with their lives, than suffer dis- traints; and associations were formed for mutual support. At Exeter the sheriff was resisted, and driven off with clubs ; the women having prepared hot spits and scalding water to assist in the opposi- tion, as Thurton testified in his deposition on the occasion. At Hampton he was beaten, and his sword was taken from him ; then he was seated on a horse, and conveyed out of the province to Salis- bury with a rope about his neck, and his feet tied under the horse's belly. Justice Robe attempted to commit some of the rioters ; but they were rescued by the way, and both the justice and the sheriff were struck in the execution of their office. The troop of horse, under Mason's command, was then ordered to turn out completely mounted and armed, to assist in suppressing the disorders ; but when the day came not one trooper appeared. Cranfield, thus finding his efforts ineffectual, and his authority contemptible, was obliged to desist. The agent had been a long time in England, waiting for the depositions which were to have been transmitted to him in support of the complaint which he was to exhibit. Cranfield and his crea- tures here did all they could to retard the business ; first, by imprisoning Vaughan, and then by refusing to summon and swear witnesses when applied to by others, who were obliged to go into the neighbour- ing governments, to get their depositions authenti- cated ; and after all the proof was defective, as they had not access to the public records. The agent, however, exhibited his complaint against Cranfield in general terms, consisting of eight articles. " That he had engrossed the power of erecting courts, and establishing fees exclusive of the assembly; that he had not followed the directions in his commission respecting Mason's controversy, but had caused it to be decided on the spot by courts of his own con- stitution, consisting wholly of persons devoted to his interest ; that exorbitant charges had been ex- acted, and some, who were unable to satisfy them, had been imprisoned ; that others had been obliged to submit, for want of money to carry on the suits ; that he had altered the value of silver money ; that he had imprisoned sundry persons without just cause; that he, with his council, had assumed legislative authority, without an assembly ; and, that he had done his utmost to prevent the people from laying their complaints before the king, and procuring the necessary evidence." The complaint was referred to the board of trade, who transmitted copies of it, and of the several proofs, to Cranfield, and summoned him to make his defence; directing him to deliver to the adverse party, copies of all the affidavits which should be taken in his favour; to let all persons have free ac- cess to the records; and to give all needful assis- tance to them in collecting their evidence against him. When he had received this letter he suspended Mason's suits, till the question concerning the le- gality of the courts should be decided. He also or- 432 THE HISTORY OF AMERICA. dered the secretary to give copies to those who should apply for them. At the same time it was complained that the people, on their part, had been equally reserved, in secreting the records of the several towns, so that Mason upon enquiry could not find where they were deposited ; and the town clerks, when summoned, had solemnly sworn that they knew neither where the books were concealed, nor who had taken them out of their possession. (1685.) The necessary evidence on both sides being procured, a new complaint was drawn up, consisting of twelve articles, which were, " That at the first session of the assembly, Cranfield had chal- lenged the power of legislation and settlement of the affairs to himself against the words of the commis- sion: That he had by purchase or mortgage from Mason, made himself owner of the province, and so was not likely to act impartially between Mason and the inhabitants: That he had made courts, whereof both judges and jurors had agreed with Mason for their own lands, and some had taken deeds of him for other men's lands, so that they were engaged by their interest to set up Mason's title: That Mason had sued forty persons, and cast all ; and that the governor's interposal to state the cases, as by his commission he was directed, had been refused though desired; and that the defendants' pleas grounded on the laws of England were rejected: That they could not reconcile the verdict with the attachment nor the execution with the verdict, nor their prac- tice under colour of the execution with either; thai the verdict found the lands sued for according to th< royal commission and instructions, and that the com mission only gave power to state the case if Mason and the people could not agree; but the execution took land and all: That the charge of every actioi was about 6/., though nothing was done in court bu reading the commission, and some blank grant without hand or seal; and these were not read fo one case in ten : That court charges were exactec in money, which many had not; who though the) tendered cattle, were committed to prison for non payment: That ministers, contrary to his majesty' commission, which granted liberty of conscience t all protestants, had their dues withheld from them even those that were due before Cranfield came and were threatened with six months' imprisonmen for not administering the sacrament according t the liturgy : That though the general assembl agreed that Spanish money should pass by weight the governor and council ordered pieces of eight t pass for 6s., though under weight : That men wer commonly compelled to enter into bonds of grea penalty, to appear and answer to what should b objected against them, when no crime was alleged That they had few laws but those made by the go vernor and council, when his commission directe the general assembly to make laws: That the court were kept in a remote corner of the province ; an the sheriff was a stranger and had no visible estate and so was not responsible for failures." Upon this complaint a hearing was had before th lords of trade, on Tuesday the 10th of March : an their lordships reported to the king, on three article only of the complaint, viz. " That Cranfield had n pursued his instructions with regard to Mason's con troversy ; but instead thereof had caused courts t be held and titles to be decided, with exorbitant costs and that he had exceeded his power in regulating th value of coins." This report was accepted, and th king's pleasure therein signified to him. At th same time, his request for absence being granted, h n receipt of the letters, privately embarked on oard a vessel for Jamaica ; and from thence went England, where he obtained the collectorship of arbadocs. At his departure, Barefoote, the deputy- overnor, took the chair, which he held till he was jpersoded by Dudley's commission, as president f New England. Cranfield's ill conduct must be ascribed in a great measure to his disappointment of the gains which he xpected to acquire by the establishment of Mason's tie, which could be his only inducement to accept f the government. This disappointment inflaming is temper, naturally vindictive and imperious, urged im to actions not only illegal, but cruel and un- manly. Had there been the least colour, either of eal or policy, for the severity exercised in the pro- ecution of Moody, candour would oblige us to make ome allowance for human frailty. His ordering he members of the assembly to be made constables, ras a mode of revenge disgraceful to the character )f the supreme magistrate. From the same base lisposition, he is said to have employed spies and limps, to find matter of accusation against people in heir clubs, and private discourse. And his deceit was equal to his malice ; for, being at Boston when he charter of that colony was called in question, ind the people were solicitous to ward off the danger, ic advised them to make a private offer of two thou- sand guineas to the king, promising to represent ;hem in a favourable light; but when they, not sus- iccting his intention, followed his advice, and shewed :iim the letter which they had wrote to their agents for that purpose, he treacherously represented them as " disloyal rogues ;" and made them appear so ridiculous that their agents were ashamed to be seen at court. However, when he had quitted the coun- try, and had time for reflection, he grew ashamed of his misconduct, and while he was collector at Bar- badoes, made a point of treating the masters of ves- sels, and other persons who went thither from Pas- cataqua, with particular respect. Although the decision of titles in Cranfield's courts had been represented, in the report of the lords, as extrajudicial, and a royal order had been thereupon issued to suspend any farther proceedings in the case of Mason till the matter should be brought before the king in council, pursuant to the directions in the commission ; yetBarefoote suffered executions which had before been issued to be extended, and persons to be imprisoned at Mason's suit. This oc- casioned a fresh complaint and petition to the king, which was sent by Weare, who about this time made a second voyage to England, as agent for the pro- vince and attorney to Vaughan, to manage an appeal from several verdicts, judgments, decrees and fines, which had been given against him in the courts here, one of which was on the title to his estate. An at- tempt being made to levy one of the executions in Dover, a number of persons forcibly resisted the officer, and obliged him to relinquish his design. Warrants were then issued against the rioters, and the sheriff with his attendants attempted to seize them while the people were assembled for divine service. This caused an uproar in the congregation, in which a young heroine distinguished herself by knocking down one of the officers with her Bible. They were all so roughly handled that they were glad to escape with their lives. That nothing might be wanting to shew the en- mity of the people to these measures, and their hatred and contempt for the authors of them, there are still preserved the original depositions on oath, of Bare- UNITED STATES. 433 foote and Mason, relating to an assault made on their persons by Thomas Wiggen and Anthony Nut- ter, who had been members of the assembly. These two men came to Barefoote's house, where Mason lodged, and entered into discourse with him about his proceedings ; denying his claim, and using such language as provoked him to take hold of Wiggen, with an intention to thrust him out at the door. But Wiggen being a stronger man, seized him by his cravat, and threw him into the fire, where his clothes and one of his legs were burned. Barefoote, at- tempting to help him, met with the same fate, and had two of his ribs broken and one of his teeth beaten out in the struggle. The noise alarmed the servants, who at Mason's command brought his sword, which Nutter took away, making sport of their misery. A farther specimen of the contempt in which these men were held, even by the lower class of people, expressed in their own genuine language, may be seen in the following affidavit: " Mary Rann, aged thirty years or thereabouts, witnesseth, that the 21st day of March 84, being in company with Seabank Hog, I heard her say it was very hard for the go- vernor of this province to strike Sam. Seavy before he spoke ; the said Hog said also, that it was well the said Seavy's mother was not there for the go- vernor, for if she had, there had been bloody work for him. I heard the said Hog say also, that the governor and the rest of the gentlemen were a crew of pitiful curs, and did they want earthly honour ? if they did, she would pull off her head clothes, and come in her hair to them, like a parcel of pitiful beggarly curs as they were; come to undo us both body and soul ; they could not be contented to take our estates from us, but they have taken away the gospel also, which the devil would have them for it." Sworn in the court of pleas, held at Great Island, the 7th of Nov. 1684. R. Chamberlain, Prothon." Nothing else occurred during Barefoote's short administration, except a treaty of friendship between the Indians of Penacook and Saco, on the one part; and the people of New Hampshire and Maine o-n the other. The foundation of this treaty seems to have been laid in Cranfield's project of bringing down the Mohawks on the eastern Indian-s ; which had once before proved a pernicious measure; as they made no distinction between those tribes which were at peace with the English, and those which were at war. Some of the Penacook Indians, who had been at Albany after Cranfield's journey to New York, reported on their return, that the Mohawks threatened destruction to all the eastern Indians, from Narrhaganset to Pechypscot. Hag- kins, a chief of the tribe, had informed Cranfield in the spring of the danger he apprehended, and had implored assistance and protection, but had been treated with neglect. In August the Penacook and Saco Indians gathered their corn, and removed their families; which gave an alarm to their English neighbours, as if they were preparing for war. Messengers being sent to demand the reason of their movement, were informed that it was the fear of the Mohawks, whom they daily expected to destroy them ; and being asked why they did not come in among the English for protection, they answered, let the Mohawks should hurt the English on their account. Upon this they were persuaded to enter into an agreement; and accordingly their chiefs being assembled with the council of New Hampshire, and a deputation from the province of Maine, a treaty was concluded, wherein it was stipulated, that all future personal injuries on either side should, HIST. OF AMER. Nos. 55 & 56. upon complaint, be immediately redressed; that in- formation should be given of approaching danger fron? enemies ; that the Indians should not remove their families from the neighbourhood of the Eng- lish without giving timely notice, and if they did that it should be taken for a declaration of war; and, that while these articles were observed, the English would assist and protect them against the Mohawks and all other enemies. The danger was but imaginary, and the peace continued for about four years. (1686.) Though Mason was hitherto disappointed in his views of recovering the inhabited part of the province, he endeavoured to lay a foundation for realising his claim to the waste lands. A purchase having been made from the Indians, by Jonathi Tyng, and nineteen others, of a tract of land on both sides the river Merrimack, siA, Jles in breadth, from Souhegan river to Winnipfisi ygee lake ; Ma- son, by deed, confirmed the same, reserving to him- self and his heirs the yearly rent of ten shillings. This was called the million acre purchase. About the same time he farmed out to Hezekiah Usher and his heirs, the mines, minerals, and ores, within the limits of New Hampshire, for the term of one thou- sand years ; reserving to himself one quarter part of the royal ores and one seventeenth of the baser sorts ; and having put his affairs here in the best order that the times would admit, he sailed for Eng- land, to attend the hearing of Vaughan's appeal to the king. The administration of Dudley as President, and An- drosse as Governor of New England Mason's far- ther attempt His disappointment and death Re- volution in England- Sale to Allen 'His commission for the government. When an arbitrary government is determined to infringe the liberty of the people, it is easy to find pretences to support the most iniquitous claims. King Charles the Second, in the latter part of his reign, was making large strides toward despotism. Charters, which obstructed his pernicious views, were, by a perversion of the law, decreed forfeited. The city of London, and most of the corporations in England, either suffered the execution of these sen- tences, or tamely surrendered their franchises to the all-grasping hand of power. It could not be expected that in this gener-al wreck of privileges, the colonies of New England could escape. The people of Massachusetts had long been viewed with a jealous eye. Though the king had repeatedly as- sured them of his protection, and solemnly confirmed their charter privileges ; yet their spirit and princi- ples were so totally dissonant to the corrupt views of the court, that intriguing men found easy access to the royal ear, with complaints against them. Of these the most inveterate and indefatigable was Randolph, who made no less than eight voyages in nine years across the Atlantic, on this mischievous business. They were accused of extending their jurisdiction beyond the bounds of their patent; of invading the prerogative by coining money ; of not allowing appeals to the king from their courts ; and of obstructing the execution of the navigation and trade laws. By the king's command agents were sent over to answer these complaints. They found the prejudice against the colony so strong, that it was in vain to withstand it; and solicited instruc- tions whether to submit to the king's pleasure, or to let the proceedings against them be issued in form of law. A solemn consultation being held, at which 3 A 434 THE HISTORY OF AMERICA. the clergy assisted, it was determined " to die by the hands of others rather than by their own." Upon notice of this, the agents quitted England; and Randolph, as the angel of death, soon followed them, bringing a writ of quo warranto from the King's Bench ; but the scire facias which issued from the chancery did not arrive till the time fixed for their appearance was elapsed: this, however, was deemed too trivial an error to stop the proceed- ings ; judgment was entered against them, and the charter declared forfeited. The king died before a new form of government was settled ; but there could be no hope of favour from his successor, who inherited the arbitrary prin- ciples of his brother, and was publicly known to be a bigoted papist. The intended alteration in the government was introduced in the same gradual manner as it had been in New Hampshire. A commission was issued, in which Joseph Dudley, Esq., was appointed pre- sident of his majesty's territory and dominion of New England ; William Stoughton, deputy presi- dent; Simon Bradstreet, Robert Mason, John Fitz \Vinthrop, John Pynchon, Peter Bulkley, Edward Randolph, Wait Winthrop, Richard Warton, John Usher, Nathaniel Saltonstall, Bartholomew Gedney, Jonathan Tyng, Dudley Bradstreet, John Hinckes, and Edward Tyiig, counsellors. Their jurisdiction extended over Massachusetts, New Hampshire, Maine, and the Narrhaganset or King's Province. These gentlemen were mostly natives of the country, some of them had been magistrates, and one of them governor under the charter. No house of deputies was mentioned in the commission. The new form of government took place on the 25th day of May, 1686 ; and on the 10th of June, an order of council was issued for settling the county courts, which consisted of such members of the council as resided in each county, and any others of them who might be present, with such justices as were commissioned for the purpose. These courts had the power of trying and issuing all civil causes, and all criminal matters under life or limb ; from them an appeal was allowed to a superior court, held three times in the year at Boston for the whole territory ; and from thence appeals, in certain cases, might be had to the king in council. Juries were pricked by the marshal and one justice of each county, in a list given them by the select men of the towns A probate court was held at Boston by the president, and " in the other provinces and remote counties " by a judge and clerk appointed by the president. The territory was divided into four counties, viz., Suffolk, Middlesex, Essex, and Hamp- shire; and three provinces, viz., New Hampshire, Maine, and King's province. By another order of the same date, town taxes could not be assessed but by allowance of two justices; and the members of the council were exempted from paying any part thereof. Things were conducted with tolerable decency, and the innovations were rendered as little grievous as possible ; that the people might be induced more readily to submit to the long meditated introduction of a governor-general. In December following, Sir Edmund Androsse, who had been governor of New York, arrived at Boston with a commission, appointing him captain- general and governor in chief of the territory and dominion of New England, in which the colony of Plymouth was now included. By this commission, the governor with his council, five of whom were a quorum, were empowered to make such laws, im- pose such taxes, and apply them to such purposes, as they should think proper. They were also em- powered to grant lands on such terms, and subject to such quit-rents, as should be appointed by the king. Invested with such powers, these men were capable of the most extravagant actions. Though Androsse, like his master, began his administration with the fairest professions, yet like him he soon violated them, and proved himself a fit instrument for accomplishing the most execrable designs. Those of his council who were backward in aiding his ra- pacious intentions were neglected. Seven being sufficient for a full board, he selected such only as were devoted to him, and with their concurrence did what he pleased. Randolph and Mason were at first among his confidents ; but afterward, when New York was annexed to his government, the members from that quarter were most in his favour. (1687.) To particularize the many instances of tyranny and oppression which the country suffered from these men, is not within the design of this work. Let it suffice to observe, that the press was restrained, liberty of conscience infringed, exorbi- tant fees and taxes demanded without the voice or consent of the people, who had no privilege of re- presentation. The charter being vacated, it was pretended that all titles to land were annulled; and as to Indian deeds, Androsse declared them no bet- ter than "the scratch of a bear's paw." Land- holders were obliged to take out patents for their e.states which they had possessed forty or fifty years; for these patents extravagant fees were exacted, and those who would not submit to this imposition, had writs of intrusion brought against them, and their land patented to others. To hinder the people from consulting about the redress of their grievances, town meetings were prohibited, except one in the month of May for the choice of town officers: and to prevent complaints being carried to England, no person was permitted to go out of the country with- out express leave from the governor. But notwith- standing all the vigilance of the governor, his emis- saries and his guards, the resolute and indefatigable Increase Mather, minister of the second church ia Boston, and president of the college, got on board a ship and sailed for England, with complaints in the name of the people against the governor, which he delivered with his own hand to the king; but finding no hope of redress, he waited the event of the revo- lution which was then expected. (1688.) When the people groaned under so many real grievances, it is no wonder that their fears and jealousies suggested some that were imaginary. They believed Androsse to be a papist ; that he had hired the Indians, and supplied them with ammuni- tion to destroy their frontier settlements ; and that he was preparing to betray the country into the hands of the French. At the same time, the large strides that King James the Second was making toward the establishment of popery and despotism raised the most terrible apprehensions ; so that the report of the landing of the Prince of Orange in England was received here with the greatest, joy. Androsse was so alarmed at the news, that he im- prisoned the man who brought a copy of the prince's declaration, and published a proclamation, com- manding all persons to be in readiness to oppose " any invasion from Holland," which met with as much disregard as one he had issued before, ap- pointing a day of thanksgiving for the birth of a Prince of Wales (1689.) The people had now borne these innova- UNITED STATES. 435 tions and impositions for about three years : their patience was worn out, and their native love of freedom kindled at the prospect of deliverance. The news of a complete revolution in England had not reached them ; yet so sanguine were their expecta- tions, so eager were they to prove that they were animated by the same spirit with their brethren at home, that upon the rumour of an intended massacre in the town of Boston by the governor's guards, they were wrought up to a degree of fury. On the morning of the 18th of April the town was in arms, and the country flocking in to their assistance. The governor, and those who had fled with him to the fort, were seized and committed to prison. The gentlemen who had been magistrates under the charter, with Bradstroet, the late governor, at their head, assumed the name of a council of safety, and kept up a form of government, in the exigency of affairs, till orders arrived from England ; when An- drosse and his accomplices were sent home as pri- soners of state, to be disposed of according to the king's pleasure. The people of New Hampshire had their share of sufferings under this rapacious administration ; and Mason himself did not escape. Having attended the hearing of Vaughan's appeal to the king, which was decided in M ason's favour ; the judgment ob- tained here, being affirmed ; and having now the fairest prospect of realising his claim, he returned hither in the spring of 1687, but found his views obstructed in a manner which he little expected. The government was in the hands of a set of un- principled men, who looked with envy on the large share of territory which Mason claimed, and were for parcelling it out among themselves. The new judges delayed issuing executions on the judgments which he had formerly recovered, and the attorney, general, Graham, would not allow that he had power to grant lands by leases. This confirmed the people in their opinion of the invalidity of his claim, and rendered them more averse to him than ever. At length, however, he obtained from Dudley, the chief justice, a writ of certiorari, directed to the'late judges of New Hampshire, by which his causes were to be removed to the supreme court of the whole territory, then held at Boston ; but before this could be done, death put an end to his hopes, and relieved the peo- ple for a time from their fears. Beiu-g one of Sir Edmund's council, and attending him on a journey from New York to Albany ; he died at Esopus, in the fifty-ninth year of his age ; leaving two sons, John and Robert, the heirs of his claim and controversy. The revolution at Boston, though extremely pleas- ing to the people of New Hampshire, left then in an unsettled state. They waited the arrival of orders from England; but none arriving, an-d the people's minds being uneasy, it was proposed by some of the principal gentlemen, that a convention of deputies from each of the towns should consider what was best to be done. The convention-parliament in England was a sufficient precedent to authorize this proceeding. Deputies were accordingly chosen, and instructed to resolve upon some method of govern- ment (1690.) At their first meeting they came to no conclusion ; but afterward they thought it best to return to their ancient union with Massachusetts. A petition for this purpose being presented, they were readily admitted till the king's pleasure should be known, and members were sent to the general court which met there in this and the two following years. The gentlemen who had formerly been in commission for the peace, tiie militia and the civil offices, were by town votes approved by the general court, restored to their places, and ancient laws and customs continued to be observed. (1691.) Had the inclination of the people been consulted, they would gladly have been annexed to that government. This was well known to Mather and the other agents, who, when soliciting for a new charter, earnestly requested that New 'Hamp- shire might be included in it. But it was answered that the people had expressed an aversion fnna it, and desired to be under a distinct government. This could be founded only on the reports which had been made by the commissioners in 1665, and by Randolph in his narrative. The true reason for denying the request was, that Mason's two heirs had sold their title to the lands in New Hampshire to Samuel Allen of London, merchant, for seven hundred and fifty pounds the entail having been previously docked by a fine and recovery in the Court of King's Bench ; and Allen was now solicit- ing a recognition of his title from the crown, and a commission for the government of the provim-e. When the inhabitants were informed of what was doing, they again assembled by deputies in conven- tion, and sent (1691) a petition to the king, praying that they might be annexed to the Massachusetts. "The petition was presented by Sir Henry Ashurst, and they were amused by some equivocal promises of success by the Earl of Nottingham; but Allen's importunity coinciding with the king's inclination, effectually frustrated their attempt. The claim which Allen had to the lands from Naumkeag, to three miles northward of Merrimack, was noticed in the Massachusetts charter (1692) ; and he obtained a commission for the government of New Hampshire-, in which his son-in-law, John Usher, then iu Lon- don, was appointed lieut.-governor, with power to execute the commission in Allen's absence. The counsellors named in the governor's instructions were John Usher, lieut-governor, John Hinckes, Nathaniel Fryer, Thomas Graffort, Peter Coffin, Henry Green, Robert Eliot, John Gerrish, John Walford, and John Love. The governor was in- structed to send to the secretary of state the names of six other persons suitable for counsellors. Three were a quorum, but the instructions were that nothing should be done unless five were present, except in extraordinary emergencies. Major Vaughan, Na- thaniel Weare, and Richard Waldron, were a r ter- ward added to the number. The council was composed of men who, in general, had the confidence of the people ; but Usher was very disagreeable, not only as he had an interest iu Allen's claim to the lands, but as he had been one of Sir Edmund Androsse's adherents, and a-n active instrument in the late oppressive government. He arrived with the commission and took upon him the command, on the 13th day of August. The people again submitted, with extreme reluctance, to the unavoidable necessity of being under a government distinct from Massachusetts. The year 1692 was remarkable for a great morta- lity in Portsmouth and Greenland by the small pox. The infection was brought in bags of cotton from the West Indies, and there being but few people who were acquainted with it, the patients suffered greatly, and but few recovered. The war with the French and Indiant, commonly called King William's vxtr, It was the misfortune of this country to have enemies of different kinds to contend with at the same time. 3A2 436 THE HISTORY OF AMERICA. While the changes above related were taking place in their government, a fresh war broke out on their frontiers, which, though ascribed to divers causes, was really kindled by the rashness of the same per- son? who were making havock of their liberties. The lands from Penobscot to Nova Scotia had been coded to the French, by the treaty of Breda, in exchange for the island of St. Christopher. On these lands the baron de St. Castine had for many years resided, and carried on a large trade with the Indians, with whom he was intimately connected; having several of their women, beside a daughter of ! he sachem Madokawando, for his wives. The lands which had been granted by the crown of England to the duke of York (at that time King James the .Second) interfered with Castine's plantation, as the duke claimed to the river St. Croix. A fort had been built by his order at Pemaquid, and a garrison stationed there to prevent any intrusion on his pro- perty. In 1686 a 'ship belonging to Pascataqua landed some wines at Penobscot, supposing it to be within the French territory. Palmer and West, the duke's agents at Pemaquid, went and seized the wines; but by the influence of the French ambassa- dor in England, an order was obtained for the res- toration of the-m. Hereupon a new line was run, which took Castine's plantation into the duke's ter- ritory. In the spring of 1688, Androsse went in the Rose frigate, and plundered Castine's house and fort, leaving only the ornaments of his chapel to oiisole him for the loss of his arms and goods. This base action provoked Castine to excite the Indians to a new war, pretences for which were not wanting .in their part. They complained that the tribute of corn which had been promised by the treaty of 1678, had been withheld ; that the fishery of the river Saeo had been obstructed by seines ; that their standing corn had been devoured by cattle belonging to the English ; that their lands at Pemaquid had been patented without their consent ; and that they had been fraudulently dealt with in trade. Some of these complaints were doubtless well grounded ; but none of them were ever enquired into or redressed. They began to make reprisals at North Yarmouth by killing cattle. Justice Blackman ordered sixteen of them to be seized and kept under guard at Fal- mouth ; but others continued to rob and capture the inhabitants. Androsse, who pretended to treat the Indians with mildness, commanded those whom Blackman had seized to be set at liberty. But this mildness had not the desired effect; 'the Indians kept their prisoners, and murdered some of them in their barbarous sports. Androsso then changed his measures, and thought to frighten them with an army of 700 men, which he led into their country in the month of November. The rigor of the season proved fatal to some of iiis men ; but he never saw an Indian in his whole march. The enemy were quiet during the winter. (1689.) After the revolution, the gentlemen who assumed the government took some precautions to prevent the renewal of hostilities. They sent mes- sengers and presents to several tribes of Indians who answered them with fair promises ; but their prejudice against the English was too inveterate to be allayed by sueh means as these. Thirteen years had almost elapsed since the sei zure of the 400 Indians, at Cochecho, by Major Waldron; during all which time an inextinguish- able thirst of revenge had been cherished among them, which never till now found opportunity for gratification. Wonolanset, one of the sachems o Penacook, who was dismissed with hi-s people at the ime of the seizure, ahvays/jbscrved his father's dy- ng charge, not to quarrel with the English ; but. Hagkins, another sachem, who had been treated with neglect by Cranfield, was more ready to listen ,o the seducing invitations of Castine's emissaries. Some of those Indians, who were then seized and sold into slavery abroad, had found their way home, and could not rest till they had their revenge. Ac- cordingly a confederacy being formed between the ribes of Penacook and Pigwacket, and the strange [ndians (as they were called) who were incorporated with them, it was determined to surprise the major ind his neighbours, among whom they had all this time been peaceably conversant. In that part of the town of Dover which lies about the first falls in the river Cochecho, were five gar- risoned houses ; three on the north side, called re- spectively, Waldron, Otis, and Heard ; and two on the south side, Peter Coffin and his son's. Theso houses were surrounded with timber walls, the gates of which, as well as the house doors, were secured with bolts and bars. The neighbouring families retired to these houses by night; but by an unaccountable negligence, no watch was kept. The Indians who were daily passing through the town, visiting and trading with the inhabitants, as usual in time of peace, viewed their situation with an attentive eye. Some hints of a mischievous design had been given out by their squaws ; but in such dark and ambi- guous terms that no one could comprehend their meaning. Some of the people were uneasy ; but Waldron, who, from a long course of experience, was intimately acquainted with the Indians, and on other occasions had been ready enough to suspect them, was now so thoroughly secure, that when some of the people hinted their fears to him, he merrily bad them to go and plant their pumpkins, paying that he would tell them when the Indians would break out. The very evening before the mis- chief was done, being told by a young man that the town was full of Indians, and the people were much concerned ; he answered that he knew the Indians verv well, and there was no danger. The plan which the Indians had preconcerted was, that two squaws should go to each of the garrisoned houses in the evening, and ask leave to lodge by the fire; that in the night when the people were asleep they should open the doors and gates, and give the signal by a whistle, upon which the strange Indians, who were to be within hearing, should rush in, and take their long meditated revenge. This plan being ripe for execution, on the evening of Thursday the 27th of June, two squaws applied to each of the garrisons for lodging, as they frequently did in time of peace. They were admitted into all but the younger Coffin's," and the people, at their request, shewed them how to open the doors, in case they should have occasion to go out in the night. Mesan- dowit, one of their chiefs, went to Waldron's garri- son, and was kindly entertained, as he had often been before. The squaws told the major, that a number of Indians were coming to trade with him the next day, and Mesandowit while at sapper, with his usual familiarity, said, " Brother Waldron, what would you do if the strange Indians should come ?" The major carelessly answered, that he could as- semble 100 men, by lifting up his finger. In this unsuspecting confidence the family retired to rest. When all was quiet, the gates were opened and the signal given. The Indians entered, set a guard at the door, and rushed into the major's apartment, UNITED STATES 437 which was an inner room. Awakened by the noise, he jumped out of bed, and though now advanced in life to the age of eighty years, he retained so much vigour as to drive them" with his sword through two or throe doors, but as he was returning for his other arms, they came behind him, stunned him with a hatchet, drew him into his hall, and seating him in an elbow char on a long table insultingly asked him, "Who shall judge Indians now?" They then obliged the people in the house to get them some victuals : and when they had done eating, they cut the major across the breast and belly with knives, each one with a stroke saying, " I cross out my ac- count." They then cut off his nose and ears, forcing them into his mouth and when, spent with the loss of blood, he was falling down from the table, one of them held his own sword under him, which put an end to his misery. They also killed his son in law Abraham Lee; but took his daughter Lee with se- veral others, and having pillaged the house, left it on fire. Otis's garrison, which was next to the major's, met with the same fate; he was killed, with several others, and his wife and child were captured. Heard's was saved by the barking of a dog just as the Indians were entering : Elder Wentworth, who was awakened by the noise, pushed them out, and falling on his back, set his feet against the gate and held it till he had alarmed the people; two balls were fired through it but both missed him. Coffin's house was surprised, but as the Indians had no par- ticular enmity to him, they spared his life, ami the lives of his family, and contented themselves with pillaging the house. Finding a bag of money, they made him throw it by handfulls on the floor, while they amused themselves in scrambling for it. They then went to the house of his son who would not ad- mit the squaws in the evening, and summoned him to surrender, promising him quarter: he declined their offer, and determined to defend his house, till they brought out his father and threatened to kill him before his eyes; filial affection then overcame his resolution, and he surrendered. They put both families together into a deserted house, intending to reserve them for prisoners; but while the Indians were busy in plundering, they all escaped. Twenty-three people were killed in this surprisal, and twenty-nine were captured; five or six houses with the mills were burned ; and so expeditious were the Indians in the execution of their plot, that be- fore the people could be collected from the other parts of the town to oppose them, they fled with their prisoners and booty. As they passed by Heard's garrison in their retreat, they fired upon it, but the people being prepared and resolved to defend it, and the enemy being in haste, it was preserved. The pre- servation of its owner was more remarkable. Elizabeth Heard, with her three sons and a daughter, and some others, were returning in the night from Portsmouth; they passed up the river in their boat unperceived by the Indians, who were then in possession of the houses; but suspecting danger by the noise which they heard, after they had landed they betook themselves to Waldron's garrison, where they saw lights, which they imagined were set up for direction to those who might be seek- ing a refuge. They knocked and begged earnestly for admission, but no answer being given, a young man of the company climbed up the wall, and saw, to his inexpressible surprise, an Indian standing in the door of the house with his gun. The woman was so overcome with the fright that she was unable to fly, but begged her children to shift for them- selves, and they with heavy hearts left her. When she had a little recovered she crawled into some bushes, and lay there till day-light: she then per- ceived an Indian coming toward her with a pistol iu his hand, he looked at her and went away; return- ing, he looked at her again, and she asked him what he would have. He made no answer, but ran yell- ing to the house, and she saw him no more. She kept her place till the house was burned and the Indians were gone, and then returning home found her own house safe. Her preservation in these dangerous circumstances was more remarkable, if (as it is supposed) it was an instance of justice and gratitude in the Indians : for at the time when the 400 were seized in 1676, a young Indian escaped and took refuge in her house, where she concealed him; in return for which kindness he promised her that he would never kill her, nor any of her family in any future war, and that he would use his influ- ence with the other Indians to the same purpose. This Indian was one of the party who surprised the place, and she was well known to the most of them. The same day, after the mischief was done, a letter from Secretary Addington, written by order of the government, directed to Major Waldron, giving him notice of the intention of the Indians to sur- prise him under pretence of. trade, fell into the hands of his son. This design was communicated to Governor Bradstreet by Major Henchman of Chehnsford, who had learned it of the Indians. The letter was dispatched from Boston, the day before, by Mr. Weare; but some delay which he met with at Newbury ferry prevented its arrival in season. The prisoners taken at this time were mostly car- ried to Canada, and sold to the French ; and these-, so far as can be learned, were the first tnat cvct were carried thither. One of these prisoners was Sarah Gerrish, a remarkably fine child, of seven years old, and grand-daughter of Major Waldron, in whose house she lodged that fatal night. Some circumstances attending her captivity are truly af- fecting. When she was awakened by the noise of the Indians in the house, she crept into another bed, and hid herself under the clothes to escape their search. She remained in their hands till the next winter, and was sold from one to another several times. An Indian girl once pushed her into a river; but, catching by the bushes, she escaped drowning, yet durst not tell how she came to be wet. Once she was so weary with travelling, that she did not awake in the morning till the Indians were gone, and then found herself alone in the woods, covered with snow, and without any food; having found their tracks, she went crying after them till they heard her and took her with them. At another time they kindled a great fire, and the young Indians told her she was to be roasted. She burst into tears, threw her arms round her master's neck, and begged him to save her, which he promised to do if she would behave well. Being arrived in Canada, she was bought by the Intendant's lady, who treated her courteously, and sent her to a nunnery for educa- tion. But when Sir William Phips was at Quebec she was exchanged, and returned to her friends, with whom she lived till she was sixteen years old. The wife of Richard Otis was taken at the same time, with an infant daughter of three months old. The French priests took this child under their care, baptised her by the name of Christina, and educated her in the Romish religion. She passed tome time in a nunnery, but declined taking the veil, and was mavried to a Frenchman, by whom she had two- 448 THE HISTORY OF AMERICA. children. But her desire to see New England was so strong, that upon an exchange of prisoners in 1714, being then a widow, she left both her children, who were not permitted to come with her, and re- turned home, where she abjured the Romish faith. M. Siguenot, her former contessor, wrote her a flatter- ing letter, warning her of her danger, inviting her to return to the bosom of the catholic church, and re- peating many gross calumnies which had formerly been vented against Luther and the other reformers. This letter being shewn to Governor Burnet, he wrote her a sensible and masterly answer, refuting the arguments, and detecting the falsehoods it con- tained : both these letters were printed. She was married afterwards to Captain Thomas Baker, who had been taken at Deerfield in 1704, and lived in Dover, where she was born, till the year 1773. The Indians had been seduced to the French inter- est by popish emissaries, who had begun to fascinate them with their religious and national prejudices. They had now learned to call the English heretics, and that to extirpate them as such was meritorious in the sight of heaven. When their minds were filled with religious frenzy, they became more bitter and implacable enemies than before ; and finding the sale of scalps and prisoners turn to good account in Canada, they had still farther incitement to con- tinue their depredations, and prosecute their ven- geance. The necessity of vigorous measures was now so pressing, that parties were immediately dispatched, one under Captain Noyes to Penacook, where they destroyed the corn, but the Indians escaped ; another from Pascataqua, under Captain Wincal, to Win- nipiseogee, whither the Indians had retired, as John Church, who had been taken at Cocheco, and escaped from them, reported : one or two Indians were killed there, and their corn cut down. But these excur- sions proved of small service, as the Indians had little to lose, and could find a home wherever they could find game and fish. In the month of August Major Swaine, with seven or eight companies raised by the Massachusetts go- verment, marched to the eastward; and Major Church, with another party, consisting of English and Indians, from the colony of Plymouth, soon fol- lowed them. While these forces were on their march, the Indians, who lay in the woods about Oyster river, observed how many men belonged to Hucking's garrison ; and seeing them all go out one morning to work, nimbly ran between them and the house, and killed them all, being in number eighteen, except one who had passed the brook. They then attacked the house, in which were only two boys, one of whom was lame, with some women and children. The boys kept them off for some time, and wounded several of them. At length the Indians set the house on fire, and even then the toys would not surrender till they had promise them to spare their lives. They perfidiously mur- dered three or four of the children ; one of them was set on a sharp stake, in the view of its distressec mother, who, with the other women and the boys, were carried captive. One of the boys escaped the next day. Captain Garner, with his company, pur- sued the enemy, but did not come up with them. The Massachusetts and Plymouth companies pro- ceeded to the eastward, settled garrisons in conve nient places, and had some skirmishes with the enemy at Casco and Blue Point. On their return Major Swaine sent a party of the Indian auxiliaries under Lieutenant Flagg toward Winnipi Q eo^ec t< make discoveries. These Indians held a consulta- ion in their own language ; and having persuaded heir lieutenant, with two men, to return, nineteen >f them tarried out eleven days longer; in which ime they found the enemy, staid with them two lights, and informed them of every thing which they desired to know ; upon which the enemy retired to their inaccessible deserts, and the forces returned without finding them, and in November were dis- janded. Nothing was more welcome to the distressed in- labitants of the frontiers than the approach of win- ,er, as they then expected a respite from their suf- 'erings. The deep snows and cold weather were commonly a good security against an attack from he Indians ; but when resolutely set on mischief, and instigated by popish enthusiasm, no obstacles could prevent the execution of their purposes. (1690.) The Count de Frontenac, now governor of Canada, was fond of distinguishing himself by enterprises against the American subjects of King William, with whom his master was at war in Europe. For this purpose he detached three parties of French and Indians from Canada in the winter, who were to take three different routes into the En- glish territories. One of these parties marched from Montreal, and destroyed Scheuectada, a Dutch village on the Mohawk river, in the province of New York. This action, which happened at an unusual time of the year, in the month of February, alarmed the whole country ; and the eastern settle- ments were ordered to be on their guard. On the 18th day of March, another party, which came from Trois Rivieres, under the command of the Sieur Hertel, an officer of great repute in Canada, fomid their way to Salmon falls, a settlement on the river which divides New Hampshire from the province of Maine. This party consisted of fifty-two men, of whom twenty-five were Indians under Hoophood, a noted warrior. They began the attack at day-break, in three different places. The people were sur- prised ; but flew to arms, and defended themselves in the garrisoned houses, with a bravery which the enemy themselves applauded. But as in all such onsets the assailants have the greatest advantage, so they here proved too strong for the defendants ; about thirty of the bravest were killed, and the rest surrendered at discretion, to the number of fifty- four, of whom the greater part were women and children. After plundering, the enemy burned the houses, mills and barns, with the cattle, which were within doors, and then retreated into the woods, whither they were pursued by about one hundred and forty men, suddenly collected from the neigh- bouring towns, who came up with them in the after- noon, at a narrow bridge on Wooster's river. Her- tel, expecting a pursuit, had posted his men advan- tageously on the opposite bank. The pursuers ad- vanced with great intrepidity, and a warm engage- ment ensued, which lasted till night, when they re- tired with the loss of four or five killed; the enemy, by their own account, lost two, one of whom was Hertel's nephew; his son was wounded in the knee; another Frenchman was taken prisoner, who was so tenderly treated that he embraced the protestant faith, and remained in the country. Hertel, on his way homeward, met with a third party who had marched from Quebec, and joining his company to them, attacked and destroyed the fort and settle- ment at Casco, the next May. Thus the three ex- peditions planned by Count Frontenac proved suc- cessful ; but the glory of them was much tarnished UNITED STATES. 439 by acts of cruelty, which christians should be ashamed to countenance, though perpetrated by savages. The following instances of cruelty, exercised to- wards the prisoners taken at Salmon falls, are men- tioned by Dr. Mather. Robert Rogers, a corpulent man, being unable to carry the burden which the Indians imposed upon him, threw it in the path and went aside in the woods to conceal himself. They found him by his track, stripped, beat, and pricked him with their swords: then tied him to a tree and danced round him till they had kindled a fire. They gave him time to pray, and take leave of his fellow prisoners, who were placed round the fire to see his death. They pushed the fire toward him, and when he was almost stifled, took it away to give him time to breathe, and thus prolong his misery; they drown- ed his dying groans with their hideous singing and yelling, all the while dancing round the fire, cutting off pieces of his flesh and throwing them in his face. When he was dead they left his body broiling on the coals, in which state it was found by his friends and buried. Mehetabel Goodwin was taken with a child of five months old; when it cried they threat- ened to kill it, which made the mother go aside and sit for hours together in the snow to lull it to sleep; her master seeing that this hindered her from tra- velling, took the child, struck its head against a tree, and hung it on one of the branches; she would have buried it but he would not let her, telling her that if she came again that way she might have the plea- sure of seeing it. She was carried to Canada, and after five years returned home. Mary Plaistcd was taken out of her bed, having lain in but three weeks : they made her travel with them through the snow, and " to ease her of her burden," as they said, struck the child's head against a tree, and threw it into a river. An anecdote of another kind may relieve the reader after these tragical accounts? Thomas Toogood was Two companies under the Captains Floyd and Wiswal were now scouting, and on the 6th 'day of July discovered an Indian track, which they pur^ sued till they came up with the enemy at "Wheel- wright's Pond, [in Lee] where a bloody engagement ensued for some hours, in which Wiswal, his lieu- tenant, Flagg, and serjeant Walker, with twelve more, were killed, and several wounded. It was not known how many of the enemy fell, as they always carried off their dead. Floyd maintained the fight after Wiswal's death, till his men, fatigued and wounded, drew off, which obliged him to follow. The enemy retreated at the same time ; for when Captain Convers went to look after the wounded, he found seven alive, whom he brought in by sunrise the next morning, and then returned to bury the dead. The enemy then went westward, and in the course of one week killed, between Lamprey river and Almsbury, not less than forty people. The cruelties exercised upon the captives in this war exceeded, both in number and degree, any in former times. The most healthy and vigorous of them were sold in Canada, the weaker were sacri- ficed and scalped ; and for every scalp they had a premium. Two instances only are remembered of their releasing any without a ransom ; one was a woman taken from Fox Point, who obtained her liberty by procuring them some'of the necessaries of life : the other was at York, where, after they had taken many of the people, they restored two aged women and five children, in return for a generous action of Major Church, who had spared the lives of as many women and children when they fell into his hands at Amariscogin, The people of New England now looked on Ca nada as the source of their troubles, and formed a design to reduce it to subjection to the crown of England. The enterprise was bold and hazardous ; pursued by three Indians and overtaken by one of I but had their ability been equal to the ardour of them, who having enquired his name, was preparing strings to bind him, holding his gun under his arm, which Toogood seized and went backward, keeping the gun presented at him, and protesting that he would shoot him if he alarmed the others who had stopped on the opposite side of the hill. By this dexterity he escaped and got safe into Cochecho; while his adversary had no recompense in his power but to call after him by the name of Nogood. After the destruction of Casco the eastern settle- ments were all deserted, and the people retired to the fort at Wells. The Indians then came up west- ward, and a party of them under Hoophood some time in May made an assault on Fox Point, in Nevvington, where they burned several houses, killed about fourteen people, and carried away six. They were pursued by the Captains Floyd and Greenleaf, who came up with them and recovered some of the captives and spoil, after a skirmish in which Hoop- hood was wounded and lost his gun. This fellow was soon after killed by a party of Canada Indians, who mistook him for one of the Iroquois, with whom they were at war. On the 4th day of July, eight persons were killed as they were mowing in a field near Lamprey river, and a lad was captured. The next day they attacked Captain Hilton's garrison at Exeter, which was relieved by Lieutenant Ban- croft with the loss of a few of his men ; one of them, Simon Stone, received nine wounds with shot, and two strokes of a hatchet; when his friends came to bury him, they perceived life in him, and by the application of cordials he revived, to the amazement of all jy equipped to the serv an service. their patriotism, it might probably have been accom plished. Straining every nerve, they armament in some degree equal to What was wanting in military and naval discipline was made up in resolution ; and the command was given to Sir William Phips, an honest man, and a friend to his country, but by no moans qualified for such an enterprise. Unavoidable accidents retarded the expedition, so that the fleet did not arrive be- fore Quebec till October, when it was more than time to return. It being impossible to continue there to any purpose, and the troops growing sickly and discouraged, after some ineffectual parade, they abandoned the enterprise, This disappointment was severely felt. The equip- ment of the fleet and army required a supply of money which could not readily be collected, and oc- casioned a paper currency, which has often been drawn into precedent on like occasions, and has proved a fatal source of the most complicated and extensive mischief. The people were almost dispi- rited with the prospect of poverty and ruin. In this melancholy state of the country, it was a happy cir- cumstance that the Indians voluntarily came in with a flag of truce, and desired a cessation of hostilities. (1691.) A conference being held at Sagadahock, they brought in ten captives, and settled a truce till the 1st day of May, which they observed till the 9th of Jurie, when they attacked Storar's garrison at Wells, but were bravely repulsed. About the same time they killed two men at Exeter, and on the 29th of September, a party of them came from the eastward in canoes to Sandy Beach, Rye, wher 440 THE HISTORY OF AMERICA. they killed and captured twenty-one persons. Cap- tain Sherburne of Portsmouth, a worthy officer, was this year killed at Macquoit. (1692.) The next winter, the country being alarm- ed with the destruction of York, some new regula- tions were made for the general defence. Major Elisha Hutchinson was appointed commander in chief of the militia, by whose prudent conduct the frontiers were well guarded, and so constant a com- munication was kept up, by ranging parties, from one post to another, that it became impossible for the enemy to attack in theii usual way by surprise. The good effect of this regulation was presently seen. A young man being in the woods near Cochecho, was fired at by some Indians. Lieutenant Wilson immediately went out with eighteen men ; and find- ing the Indians, killed or wounded the whole party excepting one. This struck them with terror, and kept them quiet the remainder of the winter and spring. But on the 10th day of June, an army of French and Indians made a furious attack on Storer's garrison at Wells, where Captain Convers com- manded ; who after a brave and resolute defence, was so happy as to drive them off with great loss. Sir William Phips, being now governor of Mas- sachusetts, continued the same method of defence, keeping out continual scouts under brave and expe- rienced officers. This kept the Indians so quiet, that except one poor family which they took at Oys- ter river, and some small mischief at Quaboag, there is no mention of any destruction made by them du- ring the year 1693. Their animosity against New England was not quelled ; but they needed time to recruit ; some of their principal men were in cap- tivity, and they could not hope to redeem them without a peace. To obtain it, they came into the fort at Pemaquid ; and there entered into a solemn covenant, wherein they acknowledged subjection to the crown of England ; engaged to abandon the French interest ; promised perpetual peace ; to for- bear private revenge ; to restore all captives, and even went so far as to deliver hostages for the due performance of their engagements. This peace, or rather truce, gave both sides a respite, which both earnestly desired. The people of New Hampshire were much re- duced, their lumber trade and husbandry being greatly impeded by the war. Frequent complaints were made of the burden of the war, the scarcity of provisions, and the dispiritedness of the people. Once it is said in the council minutes that they were even ready to quit the province. The governor was obliged to impress men to guard the outposts : they were sometimes dismissed for want of provi- sions, and then the garrison officers called to account and severely punished : yet all this time the public debt did not exceed 400/. In this situation they were obliged to apply to their neighbours for assis- tance ; but this was granted with a sparing hand. The people of Massachusetts were much divided and at variance among themselves, both on account of the new charter which they had received from King William, and the pretended witchcrafts which have made so loud a noise in the world. (1694.) The engagements made by the Indians in the treaty of Pemaquid, might have been per- formed if they had been left to their own choice. But the French missionaries had been for some years very assiduous in propagating their tenets among them, one of which was, " that to break faith with heretics was no sin." The Sieur de Villieu, who had distinguished himself in the defence of Quebec when Phips was before it, and had contracted a. trong antipathy to the New Englanders, being now in command at Penobscot, he, with M. Thurv, the missionary, diverted Madokawando and the other sachems from complying with their engagements ; so that pretences were found for detaining the Eng- lish captives, who were more in number, and of more consequence, than the hostages whom the In- dians had given. Influenced by the same pernicious councils, they kept a watchful eye on the frontier towns, to sec what place was most secure and might be attacked to the greatest advantage. The settle- ment at Oyster river, within the town of Dover, was pitched upon as the most likely place ; and it is said that the design of surprising it was publicly talked of at Quebec two months before it was put in execu- tion. Rumours of Indians lurking ia the woods thereabout, made some of the people apprehend danger : but no mischief being attempted, they ima- gined them to be hunting parties, and returned to their security. At length, the necessary prepara- tions being made, Villieu, with a body of 250 In dians, collected from the tribes of St. John, Penobs cot, and Norridgwog, attended by a French priest marched for the devoted place. Oyster river is a stream which runs into the west- ern branch of Pascataqua : the settlements were on both sides of it, and the houses chiefly near the water. Here were twelve garrisoned houses suffi- cient for the defence of the inhabitants; but appre- hending no danger, some' families remained at their own unfortified houses, and those who were in the garrisons were but indifferently provided for defence, some being even destitute of powder. The enemy approached the place undiscovered, and halted near the falls on Tuesday evening, the 17th of July. Here they formed into two divisions, one of which was to go on each side of the river and plant them- selves in ambush, in small parties, near every house, so as to be ready for the attack at the rising of the sun, the first gun to be the signal. John Dean, whose house stood by the saw-mill at the falls, in- tending to go from home very early, arose before the dawn of day, and was shot as he came out of his door. This disconcerted their plan : several parties who had some distance to go, had not then arrived at their stations : the people in general were imme- diately alarmed : some of them had time to make their escape, and others to prepare for their defence. The signal being given, the attack began in all parts where the enemy was ready. Of the twelve garrisoned houses five were destroy- ed, viz. Adams's, Drews's, Edgerly's, Medar's, and Beard's. They entered Adams's without resistance, where they killed fourteen persons; one of them, being a woman with child, they ripped open. The grave is still to be seen in which they were all bu- ried. Drew surrendered his garrison on the promise of security, but was murdered when he fell into their hands ; one of his children, a boy of nine years old, was made to run through a lane of Indians as a mark for them to throw their hatchets at, till they had dispatched him. Edgerly's was evacuated ; the people took to their boat, and one of them was mor- tally wounded before they got out of reach of the enemy's shot. Beard's and Medar's were also eva cuated, and the people escaped. The defenceless houses were nearly all set on fire, the inhabitants being either killed or taken in them, or else in en- deavouring to fly to the garrisons, Some escaped by hiding in the bushes and other secret places. Thomas Edgerly, by concealing himself in hi> UNITED STATES. 441 cellar, preserved his house, though twice set on fire. The house of John Buss, the minister, was destroyed with a valuable library. He was absent, his wife and family fled to the woods and escaped. The wife of John Dean, at whom the first gun was fired, was taken with her daughter, and carried about two miles up the river, where they were left under the care of an old Indian while the others returned to their bloody work. The Indian complained of a pain in his head, and asked the woman what would be a proper remedy. She answered, Occapee, which is the Indian word for rum, of which she knew he had taken a bottle from her house. The remedy being agreeable, he took a large dose and fell asleep ; and she took that opportunity to make her escape, with her child, into the woods, and kept concealed till they were gone. The other seven garrisons, viz. Burnham's, Bick- ford's. Smith's, Bunker's, Davis's, Jones and Wood- man's, were resolutely and successfully defended. At Burnham's the gate was left open : the Indians, ten in number, who were appointed to surprise it, were asleep under the bank of the river, at the time that the alarm was given. - A man within, who had been kept awake by the toothache, hearing the first gun, roused the people and secured the gate, just as the Indians who were awakened by the same noise were entering. Finding themselves disappointed, they ran to Pitman's defenceless house, and forced the door at the moment that he had burst a way through that end of the house which was next to the garrison, to which he with his family, taking advantage of the shade of some trees, it being moonlight, happily es- caped. Still defeated, they attacked the house of John Davis, which after some resistance he surren- dered on terms; but the terms wereviolated, and the whole family either killed or made captives. Thomas Bicklbrd preserved his house in a singular manner. It was situated near the river, and surrounded with a palisade. Being alarmed before the enemy had reached the house, he sent off his family in a boat, and then shutting his gate, betook himself alone to the defence of his fortress. Despising alike the promises and threats by which the Indians would have persuaded him to surrender, he kept up a con- stant fire at them, changing his dress as often as he could, shewing himself with a different cap, hat or coat, and sometimes without either, and giving di- rections aloud as if he had a number of men with him. Finding their attempt vain the enemy with- drew, and left him sole master of the house which he had defended with such admirable address. Smith's, Bunker's, and Davis's garrisons, being seasonably apprised of the danger, were resolutely defended one Indian was supposed to be killed and another wounded by a shot from Davis's. Jones's garrison was beset before day; Captain Jones hearing his dogs bark, and imagining wolves might be near, went out to secure some swine and returned unmo- lested. He then went up into the flankart and sat on the wall. Discerning the flash of a gun he drop- ped backward; the ball entered the place from whence he had withdrawn his legs. The enemy from behind a rock kept firing on the house for some time and then quitted it. During these transactions the French priest took possession of the meeting- house, and employed himself in writing on the pulpit with chalk, but the house received no damage. Those parties of the enemy who were on the south side of the rive,r, having completed their destructive work, collected in a field adjoining Burnham's gar- rison, where they insultingly shewed their prisoners, and derided the people, thinking themselves out of reach of their shot. A young man from the eeutry- box fired at one who was making some indecent signs of defiance, and wounded him in the heel. Both divisions then met at the falls, where they had parted the evening before, and proceeded together to Captain Woodman's garrison. The ground being uneven, they approached without danger, and from behind a hill kept up a long and severe fire at the hats and caps which the people within held up on sticks above the walls, without any other damage than galling the roof of the house. At length, ap- prehending it was time for the people in the neigh- bouring settlements to be collected in pursuit of them, they finally withdrew; having killed and cap- tured between ninety and a hundred persons, and burned about twenty houses, of which five were gar- risons. The main body of them retreated over Win- nipiseogee lake, where they divided their prisoners, separating those in particular who were most inti mately connected, in which they often took a plea- sure suited to their savage nature. Among these prisoners were Thomas Drew and his wife, who were newly married: he was carried to Canada, where he continued two years and was redeemed ; she to Norridgwog, and was gone four years, in which she endured every thing but death. She was delivered of a child in the winter, in the open air, and in a violent snow storm; being unable to suckle her child, or provide it any food, the In- dians killed it. She lived fourteen days on a de- coction of the bark of trees. Once they set her to draw a sled up a river against a piercing north-west wind, and left her. She was so overcome with the cold that she grew sleepy, laid down, and was nearly dead when they returned : they carried her sense- less to a wigwam, and poured warm water down her throat, which recovered her. After her return to her husband she had fourteen children; they lived together till he was ninety-three and she eighty-nine years of age; they died within two days of each other and were buried in one grave. About forty of the enemy under Toxus. a Norridg- wog chief, resolving on farther mischief, went west- ward and did execution as far as Groton. A smaller party having crossed the river Pascataqua, came to a farm where Ursula Cutts, widow of the deceased president, resided, who imagining the enemy had done what mischief they intended for that time, could not be persuaded to remove into town till her haymaking should be finished. As she was in the field with her labourers, the enemy fired from an ambush and killed her, with three others. Colonel Richard Waldron and his wife with her infant son (afterward secretary) had almost shared the same fate; they were taking boat to go and dine with this lady, when they were stopped by the arrival of soni'i friends at their house ; while at dinner they were in- formed of her death. She lived about two miles above the town of Portsmouth, and had laid out her farm with much elegance. The scalps taken in this whole expedition were carried to Canada by Madoka- wando, and presented to Count Frontenac, from whom he received the reward of his treacherous adventure. There is no mention of any more mischief by the Indians within this province till the next year (1695), when, in the month of July, two men were killed at Exeter. The following year (1696), on the 7th of Mav, John Church, who had been taken and escaped from them seven years before, was killed and scalped at Cocheco, near his own house. On the 26th of June, an attack was made at Portsmouth plain 442 THE HISTORY OF AMERICA. about two miles from the town. The enemy came from York-nubble to Sandy-beach in canoes, which they hid there among the bushes near the shore. Some suspicion was formed the day before by reason of the cattle running out of the woods at Little-har- bour; but false alarms were frequent, and this was not much regarded. Early in the morning the at- tack was made on five houses at once ; fourteen per- sons were killed on the spot, one was scalped and left for dead, but recovered, and four were taken. The enemy having plundered the houses of what they could carry, set them on fire, and made a pre- cipitate retreat through the great swamp. A com- pany of militia under Captain Shackford and Lieu- tenant Libbey pursued, and discovered them cooking their breakfast, at a place ever since called Break fast-hill. The Indians were on the farther side, having placed their captives between themselves and the top of the hill, that in case of an attack they might first receive the fire. The lieutenant urged to go round the hill, and come upon them below to cut off their retreat; but the captain fearing in that case, that they would, according to their custom, iiill the prisoners, rushed upon them from the top of the hill, by which means they retook the captives and plunder, but the Indians rolling down the hill escaped into the swamp and got to their canoes. Another party, under another commander, was then sent out in shallops to intercept them as they should cross over to the eastward by night. The captain ranged his boats in a line, and ordered his men to reserve theii fire till he gave the watch-word. It being a calm night the Indians were heard as they advanced; but the captain, unhappily giving the word before they had come within gun-shot, they tacked about to the southward, and going round the Isles of Shoals, by the favour of their light canoes escaped. The watch-word was Crambo, which the captain ever after bore as an appendage to his title. On the 20th day of July, the people of Dover were waylaid as they were returning from the public wor- ship, when three were killed, three wounded, and three carried to Penobscot, from whence they soon found their way home. (1697.) The next year, on the 10th of June, the town of Exeter was remarkably preserved from de- struction. A body of the enemy had placed them- selves near the town, intending to make an assault in the morning of the next day. A number of women and children, contrary to the advice of their friends, went into the fields, without a guard, to gather strawberries. When they were gone, some persons, to frighten them, fired an alarm; which quickly spread through the town, and brought the people together in arms. The Indians, supposing that they were discovered, and quickened by fear, after killing one, wounding another, and taking a child, made a hasty retreat, and were seen no more there. But on the fourth day of July they waylaid and killed the worthy Major Frost at Kittery, to whom they had owed revenge ever since the seizure of the four hundred at Cocheco, in which he was concerned. The same year an invasion of the country was projected by the French. A fleet was to sail from France to Newfoundland, and thence to Penobscot, where, being joined by an army from Canada, an attempt was to be made on Boston, and the sea coast ravaged from thence to Pascataqua. The plan was too extensive and complicated to be executed in one summer. The fleet came no further than New- foundland; when the advanced season, and scanti- ness of provisions obliged them to give over the de- sign. The people of New England were apprised of the danger, and made the best preparations in their power. They strengthened their fortifications on the coast, and raised a body of men to defend the frontiers against the Indians, who were expected to co-operate with the French. Some mischief was done by lurking parties at the eastward ; but New Hampshire was unmolested by them during the re- mainder of this and the whole of tho following year. (.1698.) After the peace of Ryswick, Count Fron- tenac informed the Indians that he could not any longer support them in a war with the English, with whom his nation was now at peace. He therefore advised them to bury the hatchet, and restore their captives. Having suffered much by famine, and being divided in their opinions about prosecuting the war, after a long time they were brought to a treaty (1699) at Casco, where they ratified their former engagements; acknowledged subjection to the crown of England ; lamented their former per- fidy, and promised future peace and good behaviour in such terms as the commissioners dictated, and with as much sincerity as could be expected. At the same time they restored those captives who were able to travel from the places of their detention to Casco in that unfavourable season of the year ; giving assurance for the return of the others in the spring; but many of the younger sort, both males and fe- males, were detained; who, mingling with the In- dians, contributed to a succession of enemies in fu- ture wars against their own country. A general view of an Indian war will give a just idea of those distressing times, and be a proper close to this narration. The Indians were seldom or never seen before they did execution. They appeared not in the open field, nor gave proofs of a truly masculine courage ; but did their exploits by surprise, chiefly in the morning, keeping themselves hid behind logs and bushes, near the paths in the woods, or the fences contiguous to the doors of houses ; and their lurking holes could be known only by the report of their guns, which was indeed but feeble, as they were sparing of ammunition, and as near as possible to their object before they fired. They rarely assaulted a house unless they knew there would be but little resistance, and it has been afterwards known that they have lain in ambush for days together, watch- ing the motions of the people at their work, without daring to discover themselves. One of their chiefs, who had got a woman's riding-hood among his plun- der, would put it on, in an evening, and walk into the streets of Portsmouth, looking into the windows of houses, and listening to the conversation of the people. Their cruelty was chiefly exercised upon children, and such aged, infirm, or corpulent persons as could not bear the hardships of a journey through the wilderness. If they took a woman far advanced in pregnancy, their knives were plunged into her bow- els. An infant, when it became troublesome, had its brains dashed out against the next tree or stone. Sometimes, to torment the wretched mother, they would whip and beat the child till almost dead, or hold it under water till its breath was just gone, and then throw it to her to comfort and quiet it. If the mother could not readily still its weeping, the hatchet was buried in its skull. A captive, wearied with the burden laid on his shoulders, was often sent to rest in the same way. If any one proved refractory, or was known to be instrumental to the death of m In- UNITED STATES. 443 dian, or related to one who had been so, he was tortured with a lingering punishment, generally at the stake, while the other captives were insulted with the sight of his miseries. Sometimes a fire would be kindled and a threatening given out against one or more, though there was no intention of sa- crificing them, only to make sport of their terrors. The young Indians often signalized their cruelty in treating captives inhumanly out of sight of the elder, and when inquiry was made into the matter, the in- sulted captive must either be silent, or put the best face on it, to prevent worse treatment for the future. If a captive appeared sad and dejected, he was sure to meet with insult ; but if he could sing and dance and laugh with his masters, he was caressed as a brother. They had a strong aversion to negroes, and generally killed them when they fell into their hands. Famine was a common attendant on these capti- vities; the Indians when they caught any game de- voured it all at one sitting, and then girding them- selves round the waist, travelled without sustenance I'll chance threw more in their way. The captives, unused to such canine repasts and abstinences, conic! not support the surfeit of the one nor the cravings of the other. A change of masters, though it some- times proved a relief from misery, yet rendered the prospect of a return to their home more distant. It' an Indian had lost a relative, a prisoner bought for a gun, a hatchet, or a few skins, must supply the place of the deceased, and be the father, brother, or eon of the purchaser ; and those who could accom- modate themselves to such barbarous adoption, were treated with the same kindness as the persons in whose place they were substituted. A sale among the French of Canada was the most happy event to a captive, especially if he became a servant in a family; though sometimes even there a prison was their lot, till an opportunity was presented for their redemption ; while the priests employed every se- ducing art to pervert them to the popish religion, and induce them to abandon their country. These circumstances, joined with the more obvious hard- ships of travelling half naked and barefoot through pathless deserts, over craggy mountains and deep swamps, through frost, rain and snow, exposed by day and night to the inclemency of the weather, and in summer to the venomous stings of those number- less insects with which the woods abound ; the rest- less anxiety of mind ; the retrospect of past scenes of pleasure, the remembrance of distant friends, the bereavements experienced at the beginning or du- ring the progress of the captivity, and the daily ap- prehension of death either by famine or the sa'vage enemy ; these were the horrors of an Indian captivity. On the other hand, it must be acknowledged that there have been instances of justice, generosity, and tenderness, during these wars, which would' have done honour to a civilized people. A kindness shewn to an Indian was remembered as long as an injury, and persons have had their lives spared for acts of humanity done to the ancestors of those Indians into whose hands they have fallen. They would some- times " carry children on their arms and shoulders, 1'oed their prisoners with the best of their provision, and pinch themselves rather than their captives should want food." When sick or wounded they would afford them proper means for their recovery, which they were very well able to do by their know- ledge of simples. In thus preserving the lives and health of their prisoners, they doubtless had a view of gain. But the most remarkably favourable cir- cumstance in an Indian captivity, was their decent behaviour to women. It has never been found that any woman who foil into their hands was treated with the least immodesty ; but testimonies to the con- trary arc very frequent. Mary Rowlandson, who was captured at Lancaster in 1 675, has this passage in her narrative : " I have been in the midst of these roaring lions and savage bears, that feared neither God nor man nor the devil, by day and night, alone and in company ; sleeping all sorts together, and yet not one of them ever offered me the least abuse of unchastity in word or action." Elizabeth Hanson who was taken from Dover in 1724, testifies in her narrative, that " the Indians are very civil toward their captive women, not offer- ing any incivility by any indecent carriage." William Fleming', who was taken in Pennsylva- nia, in 1755, says, the Indians told him, " he need not be afraid of their abusing his wife, for they would not do it, for fear of offending their God (pointing their hands toward heaven) for the man that affronts his God will surely be killed when he goes to war." He farther says, that one of them gave his wife a shift and petticoat which he had among his plunder, and though he was alone with her, yet " he turned his hack, and went to some distance while she put them on." Charlevoix in his account of the Indians of Canada, says, " There is no example that any have ever ta- ken the lfast liberty with the French women, even when they were their prisoners." Whether this ne- gative virtue is to be ascribed to a natural frigidity of constitution, let philosophers enquire: the fact is certain : and it was a most happy circumstance for the female captives, that in the midst of all their distresses, they had no reason to fear from a savage foe the perpetration of a crime, which has too fre- quently disgraced not only the personal but the na- tional character of those who make large pretences to civilization and humanity. The civil affairs of the province during the administra- tions of Usher, Partridye, Allen, the Earl of Bella- mont, and Dudley comprehending the controversy with Allen and his heirs. John Usher was a native of Boston, and by pro- fession a stationer. He was possessed of an hand- some fortune, and sustained a fair character in trade. He had been employed by the Massachusetts go- vernment, when in England, to negociate the pur- chase of the province of Maine from the heirs of Sir Ferdinando Gorges, and had thence got a taste for speculating in landed interest. He was one of the partners in the million purchase, and had sanguine expectations of gain from that quarter. He had rendered himself unpopular among his countrymen, by accepting the office of treasurer under Sir Ed- mund Androsse, and joining with apparent zeal in the measures of that administration, and he con- tinued a friendly connection with that party after they were displaced. Though not illnatured, but rather of an open and generous disposition, yet he wanted those accom- plishments which he might have acquired by a learned and polite education. He was but little of the statesman and less of the courtier. Instead of an engaging affability he affected a severity in his de- portment, was loud in conversation, and stern in command. Fond of presiding in government, he frequently journeyed into the province, (though his residence was at Boston, where he carried on his business as usual,) and often summoned the council when he had little or nothing to lay before 411 THE HISTORY OF AMERICA. them. He gave orders, and found fault like one who felt himself independent, and was determined to be obeyed. He had an high idea of his authority and the d"ignity of his commission, and when op- posed and insulted, as he sometimes was, he treated the offenders with a severity which he would not re- lax till he had brought them to submission. His public speeches were always incorrect, and some- times coarse and reproachful. He seems, however, to have taken as much rare for the interest and preservation of the province, as one in his circumstances could have done. He began his administration in the height of a war which greatly distressed and impoverished the country, yet his views from the beginning were mercenary. The people perceived these views, and were aware of the danger. The transfer of the title from Mason to Allen was only a change of names: they expected a repetition of the same difficulties under a new claimant. After the opposition they had hitherto made, it could not be thought strange that men whose pulse beat high for freedom, should refuse to submit to vassalage; nor, while they were on one side defending their possessions against a savage enemy, could it be expected, that on the other, they should tamely suffer the intrusion of a landlord. Usher's interest was united with theirs in providing for the defence of the country, and contending with the enemy; but when the property of the soil was in question, they stood on opposite sides; and as both these controversies were carried on at the same time, the conduct of the people toward him raried according to the exigency of the case; they some- times voted him thanks for his services, and at other times complained of his abusing and oppressing them. Some of them would have been content to have held their estates under Allen's title, but the greater part, including the principal men, were resolved to oppose it to the last extremity. They had an aver- sion not only to the proprietary claim on their lands, but their separation from the Massachusetts govern- ment, under which they had formerly enjoyed so much freedom and peace. They had petitioned to be reannexed to them at the time of the revolution of 1688, and they were always very fond of applying to them for help in their difficulties, that it might appear how unable they were to subsist alone. They knew also that the Massachusetts people were as averse as themselves to Allen's claim, which extend- ed to a great part of their lands, and was particu- larly noticed in their new charter. Soon after Usher's arrival, he made enquiry for the papers which contained the transactions relative to Mason's suits. During the suspension of govern- ment in 1689, Captain John Pickering, a man of a rough and adventurous spirit, and a lawyer, had gone with a company of armed men to the house of Cham- berlayne, the late secretary and clerk, and demanded the records and files which were in his possession. Chamberlayne refused to deliver them without some legal warrant or security; but Pickering took them by force, and conveyed them over the river to Kit- tery. Pickering was summoned before the governor, threatened and imprisoned, but for some time would neither deliver the books, nor discover the place of their concealment, unless by order of the assembly and to some person by them appointed to receive them. At length, however, he was constrained to deliver them, and they were put into the hands of the secretary, by the lieut-governor's order. (1693.) Another favourite point with Uhher was to have the boundary between New Hampshire and Massachusetts ascertained: there were reasons which induced some of the people to fall in with this desire. The general idea was, that New Hampshire began at the end of three miles north of the river Merri- mack ; which imaginary line was also the boundary of the adjoining townships on each side. The peo- ple who lived, and owned lands near these limits, pretended to belong to either province, as best suited their conveniency; which caused a difficulty in the collecting taxes and cutting timber. (1695.) The town of Hampton was sensibly affected with these difficulties, and petitioned the council that the line might be run. The council appointed a committee of Hampton men to do it, and gave notice to the Massachusetts of their intention, desiring them to join in the affair. They disliked it and declined to act; upon which the lieut.-governor and council of New Hampshire, caused the boundary line to be run from the sea-shore three miles northward of Merrimack, and parallel to the river, as far as any settlements had been made, or lands occupied. The only attempt made to extend the settlement of the lands during these times, was that in the spring of the year 1694, while there was a truce with the Indians. Usher granted a charter for the township of Kingston to about twenty petitioners from Hamp- ton. They were soon discouraged by the dangers and difficulties of the succeeding hostilities, and many of them returned home within two years. After the war they resumed their enterprise; but it was not till the year 1725, that they were able to obtain the settlement of a minister. No alterations took place in the old towns, except the separation (in 1693) of Great Island, Little Harbour, and Sandy Beach, from Portsmouth, and their erection into a town by the name of New Castle ; together with the annexation of that part of Squamscot patent which now bears the name of Stretham, to Exeter, it hav- ing before been connected with Hampton-. The lieut.-governor was very forward in these transactions, thinking them circumstances favour- able to his views, and being willing to recommend himself to the people by seconding their wishes, so far as was consistent with the interest he meant to serve. The people, however, regarded the settling and dividing of townships, and the running of lines, only as matters of general convenience, and con- tinued to be disgusted with his administration. His repeated calls upon them for money were answered by repeated pleas of poverty, and requests for as- sistance from the neighbouring province. Usher used all his influence with that government to ob- tain a supply of men to garrison the frontiers; and when they wanted provisions for the garrisons, and could not readily raise the money, he would advance it out of his own purse and wait till the treasury could reimburse it. For the two or three first years of his administra- tion the public charges were provided for as they had been before, by an excise on wines and other spirituous liquors, and an impost on merchandize. (J695.) These duties being laid only from year to year, Usher vehemently urged upon the assembly a renewal of the act, and an extension of the duty to articles of export; and that a part of the money so raised might be applied to the support of govern- ment. The answer he obtained was, that "con- sidering the exposed state of the province, they were obliged to apply all the money they could raise to their defence; and therefore they were not capable of doing any thing for the support of government, though they were sensible his honour had been at UNITED STATES. 445 considerable expense : they begged that he would join with the council in representing to the king, the poverty and danger of the province, that such methods might be taken for their support and pre- servation as to the royal wisdom should seem meet." Being further pressed upon the subject, they passed a vote to lay the proposed duties for one year, " pro- vided he and the council would join with them in peti- tioning the king to annex them to the Massachusetts." He had the mortification of being disappointed in his expectations of gain, not only from the people, but from his employer. Allen had promised him 250/. per annum for executing his commission ; and when .at the end of the third year, Usher drew on him for the payment of this sunij his bill came back protested. This was the more mortifying, as he had assiduously and faithfully attended to Allen's inte- rest, and acquainted him from time to time with the means he had used, the difficulties he had encoun tered, the pleas he had urged, the time he had spent, and the expense he had incurred in defence and support of his claim. He now desired him to come over and assume the government himself, or get a successor to him appointed in the office of lieutenant- gorernor. He did not. know that the people were Beforehand with him in this latter request. On a pretence of disloyalty he had removed Hinckes, Waldron and Vaughan from their seats in the council. The former of these was a man who could change with the times ; the two latter were steady opposers of the proprietary claim. Their sus- pension irritated the people, who, by their influence, privately agreed to recommend William Partridge, Esq. as a proper person for their lieutenant-governor in Usher's stead. Partridge was a native of Ports- mouth, a shipwright, of an extraordinary mechani- cal genius, of a political turn of mind, and a popu- lar man. He was treasurer of the province, and had been ill used by Usher. Being largely concerned in trade, he was well known in England, having -supplied the navy with masts and timber. His sud- dcri departure for England was very surprising to Usher, who could not imagine he had any other bu- siness than to settle his accounts. (1697.) But the surprise was greatly increased when he returned with a commission appointing him lieutenant-governor and commander-in-chicf in Allen's absence. It was obtained of the lords justices in the king's absence, by the interest of Sir Henry Ashurst, and was dated June 6, 1696. Immediately on his am ral, his appointment was publicly notified to the people ; though, either from f!ie delay of making out his instructions, or for want of the form of an oath necessary to be taken, the commission was not published in the usual manner : but the party in opposition to Usher triumphed. The suspended counsellors resumed their seats, Pickering was made king's attorney, and Hinckes, as president of the council, opened the assembly with a speech. This assembly ordered the records which had been taken from Pickering to be deposited in the hands df Major Vaughan, who was appointed recorder. In consequence of which they have been kept in that office ever since. Usher being at Boston when this alteration took place, wrote to them, declaring that no commission could supersede his till duly published ; and inti- mated his intention of coming hither, " if he could le safe with his life." He also dispatched his se- cretary, Charles Story, to England, with an account <;f this transaction, which in one of his private letters he styles " the Paseataqua rebellion;" adding, that ' the militia were raised, and forty horse sent to ;eize him ;" and intimating that the confusion was so great, that " if but three French ships were to ap- >ear, he believed they would surrender on the first summons." The extreme imprudence of sending such a letter across the Atlantic in time of war, was still heightened by an apprehension which then pre- vailed, that the French were preparing an arma- ment to invade the country, and that " they parti- cularly designed for Pascataqua river." In answer to his complaint, the lords of trade di- rected him to continue in the place of lieutenant- governor till Partridge should qualify himself, or till Richard, Earl of Bellamont, should arrive, who was commissioned to the government of New York, Massachusetts Bay, and New Hampshire; but had not yet departed from England. Usher received the letter from the lords, together with the articles of peace which had been concluded at Ryswick, and immediately set off for New Hampshire, (whrye he had not been for a year) proclaimed the peace, and published the orders he had received, and having proceeded thus far, " thought all well and quiet." But his opposers having held a consultation at night, Partridge's commission was the next day published in form ; he took the oaths, and entered on the ad- ministration of government, to the complete vexation and disappointment of Usher, who had been so elated with the confirmation of his commission, that as he passed through Hampton, he had forbidden the mi- nister of that place to observe a thanksgiving day, which had been appointed by President Hinckes. (1698.) An assembly being called, one of their first acts was to write to the lords of trade, " acknow- ledging the favour of the king in appointing one of their own inhabitants to the command of the pro- vince, complaining of Usher, and alleging that there had been no disturbances but what he himself had made; declaring that those counsellors whom he had suspended were loyal subjects, and capable of serv- ing the king; and informing their lordships that Partridge had now qualified himself, and that they were waiting the arrival of the earl of Bellamont." They also deputed Ichabod Plaisted to wait on the earl at New York, and compliment him on his arrival. " If he should find his lordship high, and reserved, and not easy of access, he was instructed to employ some gentleman who was in his confidence to manage the business; but if easy and free, he was to wait on him in person : to tell him how joyfully they re- ceived the news of his appointment, and that they daily expected Governor Allen, whose commission would be accounted good till his lordship's should be published, and to ask his advice how they should behave in such a case." The principal design of this message was to make their court to the earl, arid get the start of Usher or any of his friends who might prepossess him with an opinion to their dis- advantage. But if this should have happened, Plais- ted was directed " to observe what reception they met with. If his lordship was ready to come this way, he was to beg leave to attend him as far as Boston, and thenaskhis permission to return home;" and he was furnished with a letter of credit to defray his expenses. This message, which shews the contri- vers to be no mean politicians, had the desired effect. The earl continued at New York for the first year after his arrival in America; during which time Governor Allen came over, as it was expected, and his commission being still in force, he took the oaths and assumed the command. Upon which Usher again made his appearance in council, where he 446 THE HISTORY OF AMERICA. produced the letter from the lords of trade, claimed his place as lieutenant-governor, and declared that the suspended counsellors had no right to sit till re- stored by the king's order. This brought on an al- tercation, wherein Elliot affirmed that Partridge was duly qualified and in office, that Waldron and Vaughan had been suspended without cause, and that if they were not allowed to sit, the rest were deter- mined to resign. The governor declared Usher to be of the council ; upon which Elliot withdrew. (1699.) At the succeeding assembly two new counsellors appeared Joseph Smith, and Kingsly Hall. The first day passed quietly. The governor approved Pickering as speaker of the house ; told them he had assumed the government because the Earl of Bellamont had not arrived ; recommended a continuance of the excise and powder money, and advised them to send a congratulatory message to the earl at New York. The next day'the house an- swered, that they had continued the customs and excise till November, that they had already con- gratulated the earl, and received a kind answer, and were waiting his arrival; when they should enter further on business. They complained that Allen's conduct had been grievous in forbidding the collect- ing of the last tax, whereby the public debts were not paid; in displacing sundry fit persons, and appoint- ing others less fit, and admitting Usher to be of the council, though superseded by Partridge's commis- sion. These things they told him had obliged some members of the council and assembly to apply to his lordship for relief, and " unless he should ma- nage with a "more moderate hand," they threatened him with a second application. The same day Coffin and Weare moved a question in council, whether Usher was one of that body. He asserted his privilege, and obtained a majority. They then entered their dissent, and desired a dis- mission. The governor forbad their departure. Weare answered that he would not, by sitting there, put contempt on the king's commission, meaning Partridge's, and withdrew. The next day the as- sembly ordered the money arising from the impost and excise to be kept in the treasury, till the earl of Bellamont's arrival ; and the governor dis- solved them. These violences on his part were supposed to ori- ginate from Usher's resentment, and his overbearing influence upon Allen, who is said to have been rather of a pacific disposition. The same ill temper con- tinued during the remainder of this short adminis- tration. The old counsellors, excepting Fryer, re- fused to sit. Sampson, Sheaffe, and Peter Weare, made up the quorum. Sheaffe was also secretary, Smith treasurer, and William Ardell sheriff. The constables refused to collect the taxes of the prece- ding year, and the governor was obliged to revoke his orders, and commission the former constables to do the duty which he had forbidden. In the spring the Earl of Bellamont set out for the eastern governments. The council voted an address, and sent a committee, of which Usher was one, to present it to him at Boston ; and prepara- tions were made for his reception in New Hamp- shire ; where he at length came and published his commission to the great joy of the people, who now saw at the head of the government a nobleman of distinguished figure and polite manners, a firm friend to the revolution, a favourite of King William, and one who iad no interest in oppressing them. During the controversy with Allen, Partridge had withdrawn ; but upon this change he took his seat as lieut.-governor, and the displaced counsellors were again called to the board. A petition wui presented against the judges of the superior court, and a proclamation was issued for justices of the peace and constables only to continue iu oflice, where- by the judges' commissions determined. Richard Jose was made sheriff in the room of Ardell, and Charles Story secretary in the room of Sheaffe. The government was now modelled in favour of the people, and they rejoiced in the change, as they imagined the way was opened for an effectual settlement of their long-continued difficulties and disputes Both parties laid their complaints before the governor, who wisely avoided censuring either, and advised to a revival of the courts of justice, in which the main controversy might be legally de- cided. This was agreed to, and the necessary acts being passed by an assembly, (who also presented the earl with 50(K, which he obtained the king's leave to accept), after about eighteen days stay he quitted the province, leaving Partridge, now quietly seated in the chair, to appoint the judges of the re- spective courts. Hinckes was made chief justice of the superior court, with Peter Coffin, John Gerrish, and John Plaisted, for assistants; Waldron, chief justice of the inferior court, with Henry Dow, Theo- dore Atkinson, and John Woodman, for assistants. One principal object of the earl's attention was to fortify the harbour, and provide for the defence of the country in case of another war. He had re- commended to the assembly in his speech the build- ing a strong fort on Great Island, and afterwards in his letters, assured them that if they would provide materials, he would endeavour to prevail on the king to be at the expense of erecting it. (1700.) Colonel Romer, a Dutch engineer, having viewed the spot, produced to the assembly an estimate of the cost and transportation of materials, amounting to above six thousand pounds. They were amazed at the proposal ; and returned for answer to the governor, that in their greatest difficulties, when their lives and estates were in the most imminent hazard, they were never able to raise one thousand pounds in a year; that they had been exceedingly impoverished by a long war, and were now struggling under a heavy debt, besides being engaged in a controversy with a " pretended proprietor;" that they had ex- pended more " blood and money" to secure his ma- jesty's interest and dominion in New England than the intrinsic value of their estates, and that the for- tifying the harbour did as much concern the Mas- sachusetts as themselves ; but they concluded with assuring his lordship, that if he were " thoroughly acquainted with their miserable, poor, and mean circumstances, they would readily submit to what- ever he should think them capable of doing." They were also required to furnish their quota of men to join with the other colonies in defending the fron- tiers of New York in case of an attack. This they thought extremely hard, not only because they had never received the least assistance from New York in the late wars, but because an opinion prevailed among them that their enemies had received sup- plies from the Dutch at Albany, and that the plun- der taken from their desolated towns had been sold in that place. There was, however, no opportunity for affording this assistance, as the New Yorkists took care to maintain a good understanding with the French and Indians, for the benefit of trade. The quotas of men to be furnished by each govern- ment for the defence of New York, if attacked, were as follows ; viz. Massachusetts 350, New Hampshire UNITED STATES. 447 40, Rhode Island 48, Connecticut 120, New York, 200, East New Jersey 60, West New Jersey 60, Pennsylvania 80, Maryland 160, Virginia 240. But to return to Allen. He had as little prospect of success in the newly established courts, as the people had when Mason's suits were carried on un- der Cranfield's government. On examining the records of the superior court, it was found that twenty-four leaves were missing, in which it was sup- posed the judgments recovered by Mason were re- corded. No evidence appeared of his having ob- tained possession. The work was to begin anew; and Waldron, being one of the principal landhold- ers, and most strenuous opposers of the claim, was singled out to stand foremost in the controvery with Allen, as his father had done with Mason. The cause went through the courts, and was invariably given in favour of the defendant with costs. Allen's only refuge was in an appeal to the king, which the court, following the example of their brethren in the Mas- sachusetts, refused to admit. He then petitioned the king ; who, by an order in council, granted him an appeal, allowing him eight months to prepare for its prosecution. (1701.) The refusal of an appeal could not fail of being highly resented in England. It was severely animadverted on by the lords of trade, who, in a letter to the Earl of Bellamont upon this occasion, say, " This declining to admit appeals to his Ma- jesty in council, is a matter that you ought very carefully to watch against in all your governments. It is an humour that prevails so much in proprieties and charter colonies, and the independency they thirst after is now so notorious, that it has been thought fit those considerations, together with other objections against those colonies, should be laid be- fore the parliament; and a bill has thereupon been brought into the house of lords for reuniting the right of government in their colonies to the crown." Before this letter was written the earl died at New York, to the great regret of the people in his several governments, among whom he had made himself very popular. A copy of the letter was sent to New York, but the bill mentioned in it was not passed into an act of parliament. For some reasons of state it was rejected by the house of lords. The assembly of New Hampshire, having now a fair opportunity, endeavoured as much as possible to provide for their own security; and passed two acts, the one for confirming the grants of lands which had been made within their several townships; the other for ascertaining the bounds of them. Part- ridge gave his consent to these acts; but Allen had the address to get them disallowed and repealed, be- cause there was no reserve made in them of the pro- prietor's right. The controversy being brought before the king, both sides prepared to attend the suit. Allen's age, and probably want of money, prevented his going in person; he therefore appointed Usher to act for him, having previously mortgaged one half of the province to him for 1,500/. (]702.) Vaughan was appointed agent for the province, and attorney to Waldron. It being a general interest, the assembly bore the expense, and notwithstanding their pleas of poverty on other occasions, provided a fund on which the agent might draw in case of emergency. In the mean time King William died, and Queen Anne appointed Joseph Dudley, Esq., formerly pre- sident of New England, to be governor of Massa- chusetts and New Hampshire; whose commission being published at Portsmouth, the assembly by a well-timed present interested him in their favour, and afterwards settled a salary on him during his administration, agreeably to the queen's instructions, who about this time forbad her governors to receive any but settled salaries. When Allen's appeal came before the queen in council, it was found that his attorney had not brought proof that Mason had ever been legally in possession ; for want of this, the judgment recovered by Waldron was affirmed; but the order of council directed that the appellant " should be at liberty to begin dts novo by a writ of ejectment in the courts of New Hampshire, to try his title to the lands, or to quit-rents payable for the same; and that if any doubt in law should arise, the jury should declare what titles each party did severally make out to the lands in question, and that the points in law should be referred to the court; or if any doubt should arise concerning the evidence, it should be specially stated in writing, that if either party should appeal to her majesty she might be more fully informed, in order to a final determination." While this appeal was depending, a petition was presented to the queen, praying that Allen might be put in possession of the waste lands. This pe- tition was referred to Sir Edward Northey, attorney general, who was ordered to report on three questions, viz. : 1 . Whether Allen had a Tight to the wastes. 2. What lands ought to be accounted waste. 3. By what method her majesty might put him into pos- session. At the same "time Usher was making in- terest to be reappointed lieut-governor of the pro- vince. Upon this Vaughan entered a complaint to the queen, setting forth " that Allen claimed as waste ground not only a large tract of unoccupied land, but much of that which had been long enjoyed by the inhabitants as common pasture, within the bounds of their several townships. That Usher, by his former managements and misdemeanors when in office, had forced some of the principal inhabitants to quit the province, and had greatly harassed and disgusted all the rest, rendering himself quite un- acceptable to them. That he was interested in the suits now depending, as on Allen's death he would in right of his wife be entitled to part of the estate. Wherefore it was humbly submitted whether it would be proper to appoint, as lieut.-governor, one whose interest and endeavour it would be to disseize the people of their ancient estates, and render them un- easy ; and it was prayed that no letters might be wrote to put Allen in" possession of the wastes till the petitioner should be heard by council.' 1 (1703.) Usher's interest however prevailed. The attorney-general reported, that " Allen's claim to the wastes was valid; that all lands uninclosed and unoccupied were to be reputed waste; that he might enter into and take possession of them, and if dis- turbed might assert his right and prosecute tres- passers in the courts there; but that it would not be proper for her majesty to interpose, unless the question came before her by appeal from those courts ; save, that it might be reasonable to direct (if Allen should insist on it at the trials) that mat- ters of fact be found specially by the juries, and that these special matters should be made to appear on an appeal." Soon after this Usher obtained a second commis- sion as lieut.governor; but was expressly restricted from intermedling "with the appointment of judges or juries, or otherwise, in matters relating to the disputes between Allen and the inhabitants." The people did not relish this reappointiaent, nor did his 448 THE HISTORY OF AMERICA. subsequent conduct reconcile them to it. Upon his first appearance in council Partridge took his seat as counsellor ; but the next day desired his dismis- sion on account of a ship in the river which demanded his constant attention. This request was granted, and he soon after removed to Newbury, where he spent the rest of his days in a mercantile depart- ment, and in the business of his profession. It had always been a favourite point with Usher to get the books and files, which had been taken from Chamberlayne, lodged in the secretary's office. Among these files were the original minutes of the suits which Mason had carried on, and the verdicts, judgments, and bills of costs he had recovered. As they were committed to the care of the recorder, who was appointed by the general court, and removable nly by them, no use could be made of these papers but by consent of the assembly. When Usher pro- duced to the council an order from Whitehall that these records should be deposited with the secretary, Penhallow, the recorder, (1704), who was a mem- ber of the council, refused to deliver them without an act of the general assembly authorising him so to do. Usher succeeded but little better in his applica- tions for money. He alleged that he had received nothing for his former services, though they had given hundreds to Partridge ; and complained that no house was provided for him to reside in, which obliged him to spend most of bis time at Boston. The plea of poverty always at hand, was not forgot- ten in answer to these demands. But at length, upon his repeated importunity and Dudley's earnest recommendation, after the assembly had refused making any provision for him, and the governor had expressly directed him to reside at the New Castle, and exercise a regular command, it being a time of war ; the council were prevailed upon to allow him two rooms in any house he could procure " till the next morning of the assembly," and to order thirty- eight shillings to be given him for the expense of his " journey to and from Boston." When Dudley acquainted the assembly with the royal determination in Allen's suits, they appeared tolerably satisfied with the equitable intention dis- covered therein ; but begged him to represent to her majesty that the province was at least sixty miles long and twenty wide, containing twelve hundred square miles; that the inhabitants claimed only the property of the lands contained within the bounds of their townships, which was less than one-third of the province, and had been possessed by them and their ancestors more than sixty years ; that they had nothing to offer as a grievance if the other two- thirds were adjudged to Allen; but should be glad to sec the same planted and settled for the better security and defence of the whole ; withal desiring it might be considered how much time, blood and treasure had been spent in settling and defending this part of her majesty's dominion, and that the cost and labour bestowed thereon far exceeded the true value of the land, so that they hoped it was not her majesty's intention to deprive them of all tho herbage, timber, and fuel, without which they could not subsist, and that the lands comprehended within the bounds of their townships was little enough to afford these necessary articles ; it not being usual in these plantations to fence in more of their lands than would serve for tillage, leaving the rest un- fenced for the feeding their cattle in common." Notwithstanding this plea, which was often al ieged, Allen, by virtue of the queen's permission, iu December, 1703, had entered upon and taken possession by turf and twig of the common land in each township, as well as of that which was without their bounds, and brought his writ of ejectment, dt noro, against Waldron, and when the trial was coming on informed Governor Dudley thereof, that he might come into court, and demand a special ver- dict agreeably to the queen's instructions. Dudley from Boston informed the court of the day when ho intended to be at Portsmouth, and directed the judges to adjourn the court to that day. Before it came he heard of a body of Indians above Lan- caster, which had put the country in alarm, and ordered the court to be again adjourned. At length he began his journey ; but was taken ill at New- bury, with a seasonable fit of the gravel, and pro- ceeded no farther. The jury in the meantime re- fused to bring in a special verdict; but found for the defendant with costs. Allen again appealed from the judgment. Perplexed, however with these repeated disap- pointments, and at the same time being low iu purse, as well as weakened with age, he sought an accommodation with the people, with whom he was desirous to spend the remainder of his days in peace. It has been said that he made very advantageous offers to Vaughan and Waldron if they would pur- chase his title ; but that they utterly refused it. The people were sensible that a door was still open for litigation ; and that after Allen's death they might, perhaps, meet with as much or more difficulty from his heirs, among whom Usher would probably have a great influence : they well knew his indefatigable industry in the pursuit of gain, that he was able to harass them in law, and had great interest in Eng- land. They therefore thought it best to fall in with Allen's views, and enter into an accommodation with him. (1705.) A general meeting of deputies being held at Portsmouth, the following resolutions arid proposals were drawn up, viz. " That they had no claim or challenge to any part of the province without the bounds of the four towns of Portsmouth, Dover, Hampton, and Exeter, with the hamlets of Newcastle and Kingston, which were all compre- hended within lines already known and laid out, and which should forthwith be revised; but that Allen and his heirs might peaceably hold and enjoy the said great waste, containing forty miles in length and twenty in breadth, or thereabouts, at the heads of the four towns aforesaid, if it should so please her majesty; and that the inhabitants of the four towns would be so far from interrupting the settlement thereof, that they desired the said waste to be planted and filled with inhabitants, to whom they would give all the encouragement and assistance in their power. That in case Allen would, for himself and heirs, for ever quit claim, to the present inhabitants and their heirs, all that tract of land comprehended within the bounds of the several towns, and warrant and defend the same against all persons, free of mort- gage, entailment, and every other incumbiance, and that this agreement should be accepted and confirm- ed by the queen ; then they would lot and lay out to him and his heirs 500 acres within the town of Portsmouth and Newcastle, 1500 in Dover, 1500 in Hampshire and Kingston, and 1500 in Exeter, out of the commonages of the said towns, in such places, not exceeding three divisions in each town, as should best accommodate him and be least detri- mental to them ; and that they would pay him or his heirs 2000/. current money of New England, at two payments, one within a year after receiving the royal confirmation of this agreement, and the other UNITED STATES. 449 within a year after the first payment. That all ron- tracts made either by Mason or Allen, with any of the inhabitants, or others, for lands or othfir privi- leges in the possession of their tenants in their own just right, beside the claim of Mason and Allen, and no other, should be accounted valid ; but that if any of the purchasers, lessees, or tenants, should refuse to pay their just part of the sums agreed on, according to the lands they held, their share should be abated by Allen out of the 20001. payable by this agreement. That upon Allen's acceptance, and underwriting of these articles, they would give per- sonal security for the aforesaid payment ; and that all actions and suits depending in law concerning the premises should cease till the queen's pleasure should be known." These articles were ordered to be presented to Allen for his acceptance : but so desirable an issue of the controversy was prevented by his sudden death, which happened on the next day. Colonel Allen is represented as a gentleman of no remarkable abilities, and of a solitary rather than a social disposition ; but mild, obliging, and charitable. His character, while he was a merchant in London, was fair and upright, and his domestic deportment amiable and exemplary. He was a member of the church of England by profession, but constantly at- tended divine worship in the congregation at New- cn'stle, and w r as a strict observer of the Christian sabbath. He died intestate on the 5th of May 1705, in the 70th year of his age, leaving a son and four daughters, and was buried in the fort. (1706.) After his death his only son, Thomas Al- len, Esq. of London, renewed the suit, by petition- ing the queen, who allowed him to bring a new writ of ejectment, and ordered a revival of the directions given to the governor in 1703, with respect to the jury's finding a special verdict. Accordingly Allen, having previously conveyed one half of the lands in New Hampshire by deed of sale to Sir Charles Hob- by, and appointed his mother, Elizabeth Allen, his attorney, brought his writof ejectment against Wal- dron in the inferior court of common pleas, where he was cast. He then removed it by appeal to the superior court, where it had been tried three years before. As this was the last trial, and as all the strength of both parties was fully displayed on the occasion, it will be proper to give as just a view of the case as can now be collected from the papers on file in the office of the superior court. On Allen's part were produced copies of the char- ter by which King James I. constituted the council of Plymouth ; their grants to Mason in 1629 and 1635 ; his last will and testament; an inventory of artillery, arms, ammunition, provisions, merchan- dize, and cattle, left in the care of his agents there at his death ; depositions of several ancient persons taken in 1685, who remembered the houses, fields, forts, and other possessions of Captain Mason, at Portsmouth and Newichwannock, and were ac- quainted with his agents, stewards, factors, and other servants, who divided the cattle and merchan- dize among them after his death ; the opinions of Sir Geoffry Palmer, Sir Francis Winnington and Sir William Jones, in favour of the validity of Mason's title; King Charles's letter to the president and council of New Hampshire in 1680; the paragraph of Cranfield's commission which respects Mason's claim in 1682; the writ, verdict, judgment, and execution against Major Waldron in 1683; the de- cision of the king in council against Vaughan in 1686 ; Dudley's writ of certiorari in 1688 ; the fine HIST. OF AMKK. Nos. 57 & 58. and recovery in Westminster hall, whereby the en- tail was cut off, and the consequent deed of sale to Allen in 1691; Sir Edward Northey's report in 1703; and evidence of Allen' staking possession of the wastes, and of his enclosing and occupying some 1 land at Great Island. (1707.) On this evidence, it was pleaded that the title derived from Mason, and" his possession of the province, of which the lands in question were part, was legal ; that the appellee's possession had been interrupted by the appellant, and those from whom he derived his title, more es- pecially by the judgment recovered by Robert Ma- son against Major Waldron ; and a special verdict was moved for, agreeably to the royal directions. The counsel on this side were James Meinzies and John Valentine. On Waldron's part was produced the deed from four Indian sachems to Whelewright and others in 1629 ; and depositions taken from, several ancient persons who testified that they had lived with Major Waldron, when he began his plantation atCochecho, about the year 1640, and assisted him in building his houses and mills, and that no person had dis- turbed him in the possession thereof for above forty years. To invalidate the evidence of the title pro- duced on the opposite side, it was pleaded, That the alleged grant from the council of Plymouth to Mason in 1629, was not signed-; that livery of seizin was not endorsed on it as on other of their grants, and as was then the legal form ; nor was it ever en- rolled according to statute : that the sale of part of the same lands in 1628 to the Massachusetts com- pany, by an instrument signed and executed accord- ing to law, renders this subsequent grant suspicious ; and that his pretending to procure another grant of part of the same lands in 1635, was an argument that he himself could not rely on the preceding one, nor was it credible that the same council should grant the same lands twice, and to the same person : that the alleged grant in 1635 w~as equally defec- tive ; and that he must relinquish one or the other, it being contrary to the reason and usage of law to- rely on two several titles at once. It was urged, that Waldron's possession was grounded on a deed from the native lords of the soil, with whom his father had endeavoured to cultivate a friendly con- nexion ; that he had taken up his land with their consent, when the country was a wilderness; had cultivated it, had defended it in war at a great ex- pense, and at the hazard of his life, which he finally lost in the attempt; that the Indian deed was legally executed in the presence of the factors and agents' of the company of Laconia, of which Mason was one ; that this w r as done with the allowance of the council of Plymouth, and in pursuance of the great ends of their incorporation, which were to cultivate the lands, to people the country, and christianize the natives, for the honour and interest of the crowr and the trade of England, all which ends had been pursued and attained by the appellee and his ances- tor. It was also alleged, that the writ against Ma- jor Waldron in 1683, was for "lands and tene- ments," of which the quantity, situation and bounds were not described, for want of which no legal judg- ment could be given; that no execution had ever been levied, nor was the possessor ever disturbed or amoved by reason thereof; and that the copies pro- duced were not attested, no book of records being to be found. To invalidate the evidence of Mason's possession, it was observed, that he himself was never there in person ; that all the settlement made by his agents or successors was only a factory for 3 B 450 THE HISTORY OF AMERICA. trade with the Indians, and principally for the dis- covery of a country called Laconia; and that this was done in company with several other mevchant- adventurers in London, who for the security of their goods erected a fort; but that this could not amount to a legal possession, nor prove a. title to the country, especially as, upon the failure of trade, the object of their enterprise, they quitted their factory, after a few years stay in those parts. As to the motion for a special verdict, it was said that a jury could not find one if they had no doubt of the law or fact, for the reason of a special verdict is a doubt either in point of law or evidence ; nor was it consistent with the privileges of Englishmen that a jury should be compelled to find specially. In addition to these pleas, it was further alleged, that by the statute law no action of ejectment can be maintained except the plaintiff, or those under whom he claims, have been in possession within twenty years ; and if they have been out of possession sixty years, then not only an ejectment, but a writ of right, and all other real actions are barred in respect of a subject, and that in such cases the right of the crown is also barred: and that by the statute of 32 Hen. 8. ch. 9. it is enacted, that no person shall purchase any lands or tenements, unless the seller, or they by whom he claims, have been in possession of the same, or the reversion, or the remainder thereof, or having taken the rents or profits thereof, by the space of one whole year next before such bargain is made ; and that the appellee and his an- cestor, and no othei person whatever had been in possession of the premises, nor was it ever pretended by the appellant that the Masons, of whom the pur- chase was made, were in possession within one year, or at any time before the alleged purchase ; that all the mischiefs provided against by the above statute have been experienced by the people of New Hamp- shire from the purchase made by the appellant's father, of the bare title of the propriety of the pro- vince. The counsel on this side were John Picker- ing and Charles Story. A certificate from the lieut. -governor respecting the queen's directions was delivered to the jury, who returned the following verdict : " In the cause depending between Thomas Allen, Esq., appellant, and Richard Waldrou, Esq., defendant, the jury finds for the defendant a confirmation of the former judgment and costs of courts. Mark Hunking, foreman." The court then sent out the jury again with this charge, " Gentlemen, you are further to con- sider this case and observe her majesty's directions to find specially and your oaths." They returned the second time with the same verdict; upon which the court ordered judgment to be entered, and that the defendant recover costs of the appellant. The counsel for the appellant then moved for an appeal to her majesty in council, which was allowed on th:ir giving bond in 200L to prosecute it. But the loyalty of the people, and the distresses under which they laboured by reason of the war, prevailed on the queen's ministry to suspend a final decision ; and before the appeal could be heard, Allen's death, which happened in 1715, put an end to the suit,whieh his heirs,being minors, did not renew. The war with the French and Indians, called Queen Anne's war Conclusion of Dudley's and Usher's administra t ion . The peace which followed the treaty of Rysxvick was but of short duration, for the seeds of war were ready sown both in Europe and America. Louit had proclaimed the pretender king of England, and his governor, Villebon, had orders to extend his pro- vince of Acadia to the river Kennebeck, though the English court understood St. Croix to be the bound- ary between their territories and those of the French. The fishery was interrupted by French men of war, and by the orders of Villebon, who suffered no Eng- lish vessels to fish on the banks of Nova Scotia. A French mission was established, and a chapel erected at Norridgewog, on the upper part of Kennebeck, which served to extend the influence of the French among the Indians. The governor of Canada, as suming the character of their father and protector, instigated them to prevent the settlement of the English to the east of Kennebeck, and found some among them ready to listen to his advice. Thfi people in those parts were apprehensive of danger and meditating a removal, and those who had enter- tained thoughts of settling there were restrained. Things were in this posture when Dudley entered on his government. He had particular orders from England to rebuild the fort at Pemaquid; but could not prevail on the Massachusetts assembly to bear the expense of it. However he determined on a visit to the eastern country, and having notified his intention to the Indians, took with him a number of gentlemen of both provinces, (1703) and held a con- ference at Casco with delegates from the tribes of Norridgewog, Penobscot, Pigwacket, Penacook ami Amariscoggin, who assured him that " as high as the sun was above the earth, so far distant was their design of making the least breach of the peace." They presented him a belt of wampum in token of their sincerity, and both parties went to two heaps of stones which had formerly been pitched, and called the " two brothers," where the friendship was further ratified by the addition of other stones. They also declared, that although the French em is saries among them hati been endeavouring to break the union, yet it was " firm as a mountain, and should continue as long as the sun and moon." Not- withstanding these fair appearances, it was observed that when the Indians fired a salute their guns were charged with shot; and it was suspected that they had then formed a design to seize the governor and his attendants, if a party which they expected from Canada, and which arrived two or three days after, had come in proper season to their assistance. How- ever this might be, it is certain that in the space of six weeks, a body of French and Indians, 500 in number, having divided themselves into several par- ties, attacked all the settlements from Casco to Wells, and killed and took 130 people, burning and destroying all before them. The next week (August 17) a party of thirty In- dians under Capf. Tom killed five people at Hamp- ton village; among whom was a widow Mussy, a noted speaker among the Friends, and much lamented by them ; they also plundered two houses, but the people being alarmed, and pursuing them, they fled. The country was now in terror and confusion. The women and children retired to the garrisons. The men went armed to their work and posted centinels in the fields. Troops of horse were quar- tered at Portsmouth and in the province of Maine. A scout of 360 men marched toward Pigwacket, and another to the Ossapy Pond, but made no disco- veries. Alarms were frequent, and the whole fron- tier country, from Deeirfield on the west to Casco on the east, was kept in continual terror by small parties of the enemy. UNITED STATES. In the fall, Col. March of Casco made a visit to Pigwacket, where he killed six of the enemy and took six more; this encouraged the government to offer a bounty of 40Z. for scalps. As the winter came on, the frontier towns were ordered to provide a large number of snow-shoes; and an expedition was planned in New Hampshire against the head-quarters of the Indians. Major Wiuthrop Hilton and Captain John Oilman of Exe- ter, Captain Chesley and Captain Davis of Oyster river, marched with their companies oil snow shoes into the woods, but returned without success. This is called in the council books, " an honourable ser- vice." Hilton received a gratuity of 12/., and each of the captains 5/. (1704.) With the return of spring there was a return of hostilities, for notwithstanding the posting a few southern Indians in the garrison at Berwick, the enemy appeared at Oyster river, and shot Na- thaniel Medar near his own field, and the next day killed Edward Taylor near Lamprey river, and cap- tured his wife and son. These instances of mischief gave colour to a false alarm at Cocheco, where it was said they lay in wait for Col. Waldron a whole day, but missing him by reason of his absence from home, took his servant maid as she went to a spring for water; and having examined her as to the state of the garrison, stunned her with an hatchet but did not scalp her. In May, Col. Church, by Governor Dudley's or- der, having planned an expedition to the eastern shore, sailed from Boston with a number of trans- ports, furnished with whaleboats for going up rivers. In this way he stopt at Pascataqua, where he was joined by a body of men under Major Hilton, who was of eminent service to him in this expedition, which lasted the whole summer, and in which they destroyed the towns of Minas and Chiegnecto, and did considerable damage to the French and Indians ai Penobscot and Passamaquoddy, and even insulted Port Royal. While they were at Mount Desart, Church learned from nine of his prisoners, that a body of 600 Indians were preparing for an attack on Casco, and the head of Pascataqua river, and sent an express to Portsmouth which obliged the people to be vigilant. No such great force as this appeared, but small parties kept hovering on the outskirts. At Oyster river they wounded William Tasker; and at Dover they laid in ambush for the people on their return from public worship, but happily missed their aim. They afterwards mortally wounded Mark Gyles at that place, and soon after killed several people in a field at Oyster river, whose names are not mentioned. In the former wars New Hampshire had received much assistance from their brethren of Massachu- setts; but these now remonstrated to the governor that his other province did not bear their proportion of the charge for the common defence. The repre- sentatives of New Hampshire urged, in reply, the different circumstances of the two provinces, "most of the towns in Massachusetts being out of the reach of the enemy, and no otherwise affected by the war, than in the payment of their part of the expense, while this province was wholly a frontier by sea and land, and in equal danger with the county of York, in which four companies were stationed, and the in- habitants were abated their proportion of the public charges." They begged that twenty of the friendly Indians might be sent to scout on their borders, which request the governor complied with. (1705.) In the winter, Col. Hilton with 270 men, including the 20 Indians, were sent to Norridgwog on snow shoes. They had a favourable season for their march, the snow being four feet deep. When they arrived there, finding no enemy to contend with, they burnt the deserted wigwams and the chapel. The officers who went on this expedition complained that they had only the pay of private soldiers. The late repairs of fort William and Mary at New- castle were always complained of as burdensome to the people, and a representation thereof had been made to the queen, who instructed Dudley to press the assembly of Massachusetts to contribute to the expense ; as the river belonged equally to both pro- vinces. They urged in excuse that the fort was built at first at the sole charge of New Hampshire, to whom it properly belonged ; that the whole expense of the repairs did not amount to what several of their towns singly paid towards the support of the war for one year; that all the trade and navigation of the river, on both sides, paid a duty toward maintaining that fortress ; and that they had been at a great ex- pense in protecting the frontiers of New Hampshire, and the parties who were employed in getting tim- ber and masts for her majesty's service; while New Hampshire had never contributed any thing to the support of the garrisons, forces, and guards by sea, which were of equal benefit to them as to Massa- chusetts. One thing, which made New Hampshire more in favour with the queen was, that they had settled a salary on her governor, which the others never could be persuaded to do. The repairs of the fort, however, went on without their assistance, un- der the direction of Colonel Romer ; and when they were completed, a petition was sent home for a sup"- ply of cannon, ammunition, and stores. The next summer was chiefly spent in negotiating an exchange of prisoners ; and Dudley had the ad- dress to protract the negotiation, under pretence of consulting with the other governments about a neu- trality proposed by the governor of Canada, by which means the frontiers in general were kept tole- rably quiet, although the enemy appeared once or twice in the town of Kittery. The line of pickets which inclosed the town of Portsmouth was repaired, and a nightly patrole established on the sea-shore, from Rendezvous Point to the bounds of Hampton, to prevent any surprise by sea ; the coast being at this time infested by the enemy's privateers. During this truce, the inhabitants of Kingston, who had left the place, were encouraged to petition for leave to return to their lands; which the court granted, on condition that they should build a fort in the centre of the town, lay out a parsonage, and settle a minister within three years. This last con- dition was rendered impracticable by the renewal of hostilities. The governor of Canada had encouraged the In- dians who inhabited the borders of New England to remove to Canada, where, being incorporated with the tribe of St. Francis, they have ever since re- mained. By this policy they became more firmly attached to the interests of the French, and were more easily dispatched on their bloody business to the frontiers of New England, with which they were well acquainted. Dudley, who was generally ap- prised of their movements, and kept a vigilant eye upon them, apprehended a rupture in the winter; and gave orders, 1706, for a circular scouting march, once a month, round the head of the towns from Kingston to Salmon falls ; but the enemy did not appear till April; when a small party of them at- tacked the house of John Drew at Oyster river, where they killed eight and wounded two. The gar 3B2 THE HISTORY OF AMERICA. rison was near, but not a mau in it : the women, however, seeing but death before them, fired an alarm, and then putting on hats, and loosening their hair, that they might appear like men, they tired so briskly, that the enemy, apprehending the people , were alarmed, fled without burning or even plun- dering the house which they had attacked. John Wheeler, meeting this party, and mistaking them for friendly Indians, unhappily fell into their hands, and was killed, with his wile and two children. Four of his sons took refuge in a cave by the bank of the Little Bay, and though pursued by the Indi- ans, escaped unhurt. In July, Colonel Schuyler, from Albany, gave notice to Dudley that 270 of the enemy were on their march toward Pascataqua, of which he imme- diately informed the people, and ordered them to close garrison, and one half of the militia to be ready at a minute's warning. The first appearance of this body of the enemy was at Dunstable ; from whence they proceeded to Amesbury and Kingston, where they killed some cattle. Hilton, with sixty- four men, marched from Exeter ; but was obliged to return without meeting the enemy. The reason he gave to the council for returning so soon was the want of provision, there being none in readiness at the garrisons, notwithstanding a law lately enacted, enjoining every town to have stores ready, and de- posited in the hands of their captains. For the same reason he had been obliged to discontinue a small scout which he had for some time kept up. Hilton was so brave and active an officer that the enemy had marked him for destruction ; and for this pur- pose a party of them kept lurking about his house, where they observed ten men to go out one morn- ing with their scythes, and lay aside their arms to mow ; they then crept between the men and their guns, and suddenly rushing on them, killed four, wounded one, and took three ; two only of the whole number escaped. They missed the major for this time, and two of the prisoners escaped; but suffered much in their return, having nothing to subsist on for three weeks but lily roots and rinds of trees, After this they killed William Pearl, and took Na- thaniel Tibbets at Dover. It was observed during this war that the enemy did more damage in small bodies than in larger, and by scattering along the frontiers kept the people in continual apprehension and alarm ; and so very few of them were taken prisoners, that in computing the expense of the war it was judged that every Indian killed or taken cost the country a thousand pounds. (1707.) In the following winter Hilton made another excursion to the eastward, and a shallop was sent to Casco with stores and provisions for his party, consisting of two hundred and twenty men. The winter being mild, and the weather unsettled, prevented their marching so far as they intended: cold dry weather, and deep snow, being most fa- vourable to winter expeditions. However, they came on an Indian track near Black Point, and pur- suing it, killed four, and took a squaw who con ducted them to a party of eighteen, whom they sur- prised as they lay asleep on a neck of land at break of day, and of whom they killed seventeen, and took the other. This was matter of triumph considering the difficulty of finding their haunts. It is asserted, that on the very morning this affair happened, it was reported, with but little variation from the truth, at Portsmouth, though at the distance of six- ty miles. When Church went to Nova Scotia, he very earnestly solicited leave to make an attempt on Port Royal; but Dudley would not consent, and the reason he gave was, that he had written to the ministry in England, and expected orders and naval lelp to reduce the place. His enemies however as- signed another reason for his refusal; which was Lhat a clandestine trade was carried on by his con- nivance, and to his emolument, with the French ;here. This report gained credit, and occasioned a loud call for justice. Those who were directly con- cerned in the illegal traffic, were prosecuted and fined; and the governor suffered much in his repu- tation. To wipe off these aspersions he now deter- mined to make an attack in earnest on Port Royal, even though no assistance should come from Eng- land. It was intended that an armament should be sent to America, and the commander was appointed ; but the state of affairs in Europe prevented their coming. Early in the spring the governor applied to the assemblies of both his provinces, and to the colonies of Rhode Island and Connecticut, requesting them to raise one thousand men for the expedition. Con- necticut declined; but the other three raised the whole number, who were disposed into two regi- ments, of which Colonel Wainwright commanded the one, and Colonel Hilton the other. They em- barked at Nantasket in twenty-three transports, fur- nished with whaleboats, under convoy of the Dept- ford man of war, Captain Stuckley, and the pro- vince galley, Captain Southack. The chief com- mand was given to Colonel March, who had behaved well in several scouts and rencounters with the In- dians, but had never been tried in such service as this. They arrived before Port Royal in a few days, and after burning some houses, killing some cattle round the fort, and making some ineffectual at- tempts to bombard it, a jealousy and disagreement among the officers, and a misapprehension of the state of the fort and garrison, caused the army to break up and reimbark in a disorderly manner. Some of the officers went to Boston for orders, some of the transports put in at Casco; a sloop, with Captain Chesley's company of sixty men, arrived at Portsmouth : Chesley suffered his men to disperse, but ordered them to return at the beat of the drum : being called to account for this conduct, he alleged that " general orders were given at Port Royal for every man to make the best of his way borne." The governor, highly chagrined, and very angry, sent orders from Boston that if any more vessels arrived the men should not be permitted to come on shore " on pain of death." After a while he ordered Chesley's company to be collected and reimbarked, offering a pardon to those who voluntarily returned, the rest to be severely punished. By the latter end of July they got on board, and with the rest of the army, returned to the place of action. At the land- ing, an ambuscade of Indians from among the sedge on the top of a sea-wall, greatly annoyed the troops. Major Walton, and Captain Chesley, being then on shore with the New Hampshire companies, pushed their men up the beach, flanked the enemy, and after an obstinate struggle, put them to flight. The command was now given to Wainwright, and the army put under the direction of three supervisors ; but no means could inspire that union, firmness, and skill which were necessary. By the last of August the whole affair was at an end, and the army returned sickly, fatigued, disheartened, and ashamed ; but with no greater loss than sixteen killed, and as many wounded. UNITED STATES, 453 While this unfortunate expedition was in hand, the frontiers were kept in continual alarm. Two men were taken from Oyster river, and two more killed as they were driving a team hetween that place and Dover. Captain Sumersby pursued with his troop and recovered the contents of the cart. Stephen and Jacob Oilman, brothers, were ambushed between Exeter and Kingston; their horses were killed, but both of them escaped to the garrison. Kingston, being a new plantation, was much ex- posed, and was this summer weakened by the de- sertion of eight men. The remaining inhabitants complained to government, who ordered the captains of Exeter and Hampton to take them up as desert- ers, and oblige them to return to the defence of their settlements, or do duty at the fort during the governor's pleasure. They were afterwards bound over to the sessions for contempt of orders. The state of the country at this time was truly distressing; a large quota of their best men were abroad, the rest harassed by the enemy at home, obliged to continual duty in garrisons and in scouts, and subject to severe discipline for neglects. They earned their bread at the continual hazard of their lives, never daring to stir abroad unarmed ; they could till no lauds but what were within call of the garrisoned houses into which their families were crowded ; their husbandry, lumber-trade and fishery were declining, their taxes increasing, their apprehensions both from the force of the enemy and the failure of the Port Royal ex- pedition were exceedingly dismal, and there was no prospect of an end to the war, in which they were now advanced to the fifth summer. Yet under all these distresses and discouragements, they resolutely kept their ground and maintained their garrisons not one of which was cut off during the whole of this war, within the limits of New Hampshire. In September one man was killed at Exeter, and two days after Henry Elkins at Kingston. But the severest blow on the frontiers happened at Oyster river, a place which suffered more than all the rest. A party of French Mohawks, painted red, attacked with a hideous yell a company who were in the woods, some hewing timber and others driving a team, under the direction ofCaptain Chesley, who was just returned the second time from Port Royal. At the first fire they killed seven and mortally wounded another. Chesley, with the few who were left, fired on the enemy with great vigour, and for some time checked their ardour ; but being over- powered, he at length fell. He was much lamented, being a brave officer. Three of the scalps taken at this time were soon after recovered at Berwick. (1708.) The next year a large army from Canada was destined against the frontiers of New England. Dudley received information of it in the usual route from Albany, and immediately ordered guards in the most exposed places of both his provinces. A troop under Captain Robert Coffin patroled from Kings- ton to Cochecho, and scouts were kept out conti- nually. Spy-boats were also kept out at sea between Pascataqua and Winter harbours. Four hundred Massachusetts soldiers were posted in this province. The towns were ordered to provide ammunition, and all things were in as good a state of preparation as could be expected. At length the storm fell on Ha- verhill; but the enemy's force having been dimi- nished by various accidents, they proceeded no far- ther, and every part of New Hampshire was quiet. Hilton^ made another winter inarch to Pigwacket with 170 men, but made no discovery. (1709.) The next spring William Moody, Samuel Stevens, and two sons of Jeremy Gilrnan, were ta- ken at Pickpocket-mill in Exeter, and soon after Bartholomew Stevenson was killed at Oyster river. Colonel Hilton and Captain Davis performed their usual tour of duty in scouting, and the people this summer kept close in garrison, on a report that two hundred Indians had marched against them from Montreal. But the principal object now in view was a desire of wiping off the disgrace of a former year, by an attempt, not on Port Royal, but on Ca- nada itself. For this purpose solicitations had been made in England by Francis Nicholson, Esq. who had been lieutenant-governor of Virginia, and Cap- tain Samuel Vetch, a trader to Nova Scotia, who was well acquainted with the French settlements there, and made a full representation of the state of things in America to the British ministry. An expedition being determined upon, they came over early in the spring with the queen's command to the governors of the several provinces to raise men for the service. Vetch was appointed a colonel, and Nicholson, by nomination of the governor of New York, and consent of the other governments, was made commander in chief. The people of New Hampshire were so much exhausted, and their men had been so ill paid before, that it was with great difficulty, and not without the dissolution of one as- sembly and the calling of another, that they could raise money to levy 100 men, and procure two transports for conveying them. After the utmost exertions had been made by the several govern- ments, and Nicholson with part of the troops bad marched to Wood creek, and the rest with the transports had lain at Nantasket three months wait- ing for a fleet, news arrived that the armament pro- mised from England was diverted to another quar- ter. Upon which the commander of the frigates on the Boston station refused to convoy the troops, the whole army was disbanded, and the expense the colonies had been at was fruitless. A congress of governors and delegates from the assemblies met late in the year at Rhode Island, who recommended the sending home agents to assist Colonel Nichol- son in representing the state of the country, and soliciting an expedition against Canada the next spring. The ministry at first seemed to listen to this proposal, but afterward (1710) changed their minds, and resolved only on the reduction of Port Royal. For this purpose Nicholson came over in July with five frigates and a bomb ketch ; the colo- nies then had to raise their quotas ; the New Hamp- shire assembly ordered 100 men, who were get ready as soon as possible, and put under the com- mand of Colonel Shadrach Walton. The whole armament sailed from Boston the 18th of September, and on the 24th arrived at the place. The force now being equal to its reduction, Subcrease, the governor, waited only the compliment of a few shot and shells as a decent pretence for a surrender ; which was completed on the 5th of October, and Vetch was appointed governor of the place, which in honour of the queen was called Annapolis. While this expedition was in hand, and before the appointment of the commanders, New Hamp- shire sustained a heavy loss in the death of Col. Winthrop Hilton. This worthy officer being con- cerned in the masting business, and having several large trees felled about fourteen miles from home, went out with a party to peel the bark that the wood might not be injured by worms. While engaged in this business they were ambushed by a party of Indians, who at the firtt fire killed Hilton \vith two 451 THE HISTORY OF AMERICA more, and took two; the rest being terrified, and their guns being wet, made no opposition but escaped. The next day 100 men marched in pursuit, but dis- covered only the mangled bodies of the dead. The enemy in their barbarous triumph had struck their hatchets into the colonel's brains, and left a lance in his heart. He was a gentleman " of good tem- per, courage and conduct, respected and lamented by all that knew him," and was buried with the honours due to his rank and character. Flushed with this success, they insolently appeared in the open road at Exeter, and took four children who were at their play. They also took John Wedg- wood, and killed John Magoon near his brother's barn, a place which for three days he had visited with a melancholy apprehension arising from a dream that he should there be murdered. The s-ame day that Hilton was killed, a company of Indians who had pretended friendship, and the year before had been peaceably conversant with the inhabitants of Kingston, and seemed to be thirsting after the blood of the enemy, came into the town, and ambushing the road, killed Samuel Wiuslow and Samuel Huntoon ; they also took Philip Hun- toon and Jacob Oilman, and carried them to Canada, where, after some time, they purchased their own redemption by building a saw-mill for the governor after the English mode, The last that fell this snmmer was Jacob Garland, who was killed at Cochecho on his return from the public worship. As the winter approached, Colonel Walton with 170 men traversed the eastern shores, which the Indians usually visited at this season for the purpose of gathering clams. On an island where the party was encamped, several Indians, decoyed by their smoke, and mistaking them for some of their own tribe, came among them and were made pri- soners. One of them was a sachem of Norridgwog, active, bold, and sullen; when he found himself in the hands of enemies he would answer none of their questions, and laughed with scorn at their threaten- ing him with death. His wife, being an eye-witness of the execution of the threatening, was so intimi- dated as to make the discoveries which the captors had in vain desired of the sachem ; in consequence of which, three were taken at the place of which she informed, and two more at Saco river, where also five were killed. This success, inconsiderable as it may appear, kept up the spirits of the people, and added to the loss of the enemy, who were daily di- minishing by sickness and famine. (1711.) In the spring they renewed their ravages on the frontiers in small parties. Thomas Downs, John Church, and three more were killed at Coche- cho; and on a sabbath-day several of the people there fell into an ambush as they were returning from public worship. John Horn was wounded, and Humphrey Foss was taken; but by the determined bravery of Lieutenant Heard, he was recovered out of the hands of the enemy. Walton with two com- panies marched to the ponds about the fishing season, but the Indians had withdrawn, and nothing was to be seen but their deserted wigwams. After the reduction of Port Royal, Nicholson went to England to solicit an expedition against Canada. The tory ministry of Queen Anne, to the surprise of all the Whigs in England and America, fell in with the proposal; and on the 8th of June, Nicholson came to Boston with orders for the northern colonies to get ready their quotas of men and provision by the arrival of the fleet and army from Europe, which happened within sixteen days, and while the several governors were holding a consultation on the sub- ject of their orders. A compliance with them in so short a time was impossible, yet every thing that could be done was done ; the nature of the service conspiring with the wishes of the people, made the governments exert themselves to the utmost. New Hampshire raised 100 men, which was more than they could well spare; one half of the militia being continually employed in guarding the frontiers. They also voted them subsistence for 126 days, besides pro- viding for them on shore before their embarkation. Two transports weretaken up at 8s. per month per ton, and artillery stores were issued from the fort. The colony forces formed two regiments, under the com- mand of Vetch and Walton. The army which cam-e from England were seven veteran regiments of the Duke of Marlborough's army, and a battalion of marines under the command of Brigadier-General Hill, which, joined with the New England troops, made a body of about 6,500 men, provided with a fine train of artillery. The fleet consisted of fifteen ships of war from eighty to thirty-six guns, with forty transports and six storeships under the com- mand of Admiral Walker. A force fully equal to the reduction of Quebec. The fleet sailed from Boston on the 30th of July; and a fast was ordered by Dudley to be kept on the last Thursday of that, and each succeeding month, till the enterprise should be finished. This was an imitation of the conduct of the long parliament, during the civil wars in the previous century. But the sanguine hopes of success which had been enter- tained by the nation and the colonies, were all blasted in one fatal night: for, the fleet having ad- vanced ten leagues into the river St. Lawrence, in the night of the 23d of August, the weather being thick and dark, eight transports were wrecked on Egg Island near the north shore, and 1,000 people perished ; of whom there was but one man who be- longed to New England. The next day the fleet put back, and were eight days beating down the river against an easterly wind, which would in two days have carried them to Quebec. After collecting together at Spanish river in the island of Cape Bre- ton, and holding a fruitless consultation about annoy- ing the French at Placentia, the expedition was broken up; the fleet returned to England, and the New England troops to their homes. Loud com- plaints and heavy charges were made on this occa- sion ; the ignorance of the pilots the obstinacy of the admiral the detention of the fleet at Boston its late arrival there the want of seasonable orders aud the secret intentions of the ministry, were all subjects of bitter altercation; but the miscarriage was never regularly enquired into, and the disasters of the voyage were finally completed by the blowing up of the admiral's ship, with most of his papers, and 400 seamen, at Spithead. (1712.) The failure of this expedition encouraged the Indians to harass the frontiers as soon as the season would permit. In April one Cunningham was killed at Exeter, Ensign Tuttle at Dover, and Jeremy Crommet at Oyster river; on one of the upper branches of this stream the enemy burned a saw-mill with a large quantity of boards. A scout- ing party who went up the river Merrimack, had the good fortune to surprise and kill eight Indians, and recover a considerable quantity of plunder, without the loss of a man. The frontiers were well guarded; one half of the militia did duty at the garrisons and were ready to march at a minute's warning; a scout of forty men kept ranging on the heads of the towns, UNITED STATES. 455 and the like care was taken by sea spy-boats being employed in coasting from Cape Neddock to the Great Boar's-head. Notwithstanding this vigi- lance, small parties of the enemy were frequently seen. Stephen Gilman and Ebenezer Stevens were wounded at Kingston the former was taken and put to death. In July an ambush was discovered at Dover, but the enemy escaped; and while a Sarty was gone in pursuit of them, two children of ohn Waldron were taken, and for want of time to scalp them, their heads were cut off. There being no man at that time in Heard's garrison, a woman named Esther Jones mounted guard, and with a commanding voice called so loudly and resolutely as made the enemy think there was help at hand, and prevented farther mischief. In autumn the news of the peace of Utrecht ar- rived in America; and on the 29th of October the suspension of arms was proclaimed at Portsmouth. The Indians, being informed of this event, came in with a flag of truce to Captain Moody at Casco, and desired a treaty ; which the governor, with the council of each province (1713), held at Ports- mouth, where the chiefs and deputies of the several belligerent tribes, by a formal writing under hand and seal, acknowledged their perfidy, promised fidelity, renewed their allegiance, submitted to the laws, and begged the queen's pardon for their former miscarriages. The frequent repetition of such engagements, and as frequent violations of them, had by this time much abated the sense of obligation on the one part, and of confidence on the other. But it being for the interest of both parties to be at peace, the event was peculiarly welcome. To preserve the dependence of the Indians, and to prevent all occasions of complaint, private traffic with them was forbidden, and truck houses established at the public expense ; and the next summer (1714), a ship was fitted out by both provinces, and sent to Quebec, where an exchange of prisoners was effected. During the whole of this long war, Usher behaved as a faithful servant of the crown ; frequently coming into the province by Dudley's direction, and some- times residing in it several months, enquiring into the state of the frontiers and garrisons, visiting them in person, consulting with the officers of mili- tia about the proper methods of defence and protec- tion, and offering his service on all occasions : yet his austere and ungracious manners, and the interest he had in Allen's claim, effectually prevented him from acquiring that popularity which he seems to have deserved. He was solicitous to support the dignity of his commission; but could never prevail with the assembly to settle a salary upon him. The council generally paid his travelling expenses by a draught on the treasury, which never amounted to more than bl. for each journey, until he came from Boston to proclaim the accession of King George ; when in a fit of loyalty and good humour they gave him 10J., which served as a precedent for two or three other grants. He often complained, and sometimes in harsh and reproachful terms, of their neglect; and once told told them that his "Negro servants were much better accommodated in his house than the queen's governor was in the queen's fort." Dudley had the good fortune to be more popular. Beside his attention to the general interest of the province and his care for its defence, he had the particular merit of favouring the views of those who were most strongly opposed to Allen's claim ; and they made him amends by promoting in the assembly addresses to the queen, defending his cha- ractei when it was attacked, and praying for his continuance in office when petitions were presented for his removal. One of these addresses was in 1706, and another in 1707, in both which they re- present him as a " prudent, careful, and faithful governor," and say they " are perfectly satisfied with his disposal of the people, and their arms and the public money." Addresses to the crown were very frequent during this female reign. Scarce a year passed without one or two ; they either con- gratulated her majesty on her victories in Europe, or petitioned for arms and military stores for their defence, or for ships and troops to go against Ca- nada, or represented their own poverty or Dudley's merits, or thanked her majesty for her care and protection, and for interposing in the affair of Allen's suit and not suffering it to be decided against them. A good harmony subsisted between the governor and people, and between the two branches of the legislature, during the whole of this administration. On the accession of King George (1715), a change was expected in the government, and the assembly did what they could to prevent it by petitioning the king for Dudley's continuance. But it being now a time of peace, and a number of valuable officers who had served with reputation in the late wars, being out of employ; interest was made for their obtaining places of profit under the crown. Colonel Eliseus Burges who had served under General Stanhope was, by his recommendation, commissionsd governor of Massachusetts and New Hampshire ; and by the same interest George Vaughan, Esq., then in London, was made lieutenant-governor of the latter province; he arrived and published his commission on the thirteenth of October. Usher had some scruples about the validity of it, as he had formerly had of Partridge's, and wrote on the subject to the assembly, who assured him that, on inspection, they had found Vaughan's commission " strong and authentic ;" and that his own was " null and void." Upon his dismission from office he retired to his elegant seat at Medford, where he spent the rest of his days, and died on the 5th of September, 1726, in the 78th year of his age. Burges wrote a letter to the assembly in July, in which he informed them of his appointment, and of his intention to sail for America in the following month. But Sir William Ashurst, with Jeremy Dumraer the Massachusetts agent, and Jonathan Belcher, then in London, apprehending that he would not be an acceptable person to the people of New-England, prevailed with him for the con- sideration of IOOOJ. sterling, which Dummer and Belcher generously advanced, to resign his com- mission ; and Colonel Samuel Shute was appointed in his stead to the command of both provinces. He arrived in New Hampshire and his commission was published the 17th of October, 1716. Dudley being thus superseded, retired to his family-seat at Rox- bury, where he died in 1720, in the 73rd year of his age. The administration of Governor Shute, and his Lieu- tenants, Vaughan and Wentworth. (1715.) George Vaughan, Esq. was the son of Major William Vaughan, who had been so ill used by former governors, and had suffered so much in the cause of his country, that the advancement of his son to the office of lieutenant-governor was es- teemed a mark of particular favour from the crown to the province, and a singular gratification to the parent, then in the decline of life. The lieutenant- THE HISTORY OF AMERICA. governor had been employed by the province, as their agent in England, to manage their defence against Allen. There he was taken notice of, by some persons of quality and influence, with whom his father had been connected ; and by them he was recommended as a candidate for the honour to which he was now advanced. After he had arrived, and opened his commission, Dudley, though not actually superseded, yet daily expecting Burges to succeed him, did not think it proper to come into the province, or perform any acts of government ; so that, during a year, Vaughan had the sole command. In this time he called an assembly, who granted him the product of the im- post and excise for one year, but refused to esta- blish these duties for any longer tin;e; upon which (1716) he dissolved them, and called another; to whom he recommended, in a style too peremptory, the establishment of a perpetual revenue to the crown ; a matter in which he had been so much en- gaged, that while in England, " he presented a memorial to the king and ministry, to bring New England into the land tax of Great Britain ; and proposed that a receiver should be appointed by the crown." The assembly was of opinion, that the public charges might be defrayed in the usual man- ner, by an equal tax on polls and estates ; and de- clined laying an impost, or entering on any but the common business of the year, till the arrival of a governor. When Governor Shute came to the chair, several of the old counsellors were laid aside, and six new ones appointed, all of whom were inhabitants of Portsmouth. That town, at the same time, was un- happily agitated by a controversy, which had for some years subsisted between the two parishes. This had not only imbittsred the minds of the people, but had prejudiced some of the members of the council and assembly, so as to affect the proceedings of the legislature, and break the harmony which had been preserved in that body during the preceding admi- nistration. (1717.) The governor, in his first speech to the assembly, took notice of their division, and advised them to unanimity. They thanked him for his ad- vice, but remonstrated against the removal of the old counsellors, and the confining of the new ap- pointments, both in the council and the judicial courts, to residents in one town, as being contrary to former usage, and giving an advantage to the trading above the landed interest. This, they said, was the reason that an impost could not now be ob- tained, and that the whole burden of taxes was laid on the husbandman and the labourer, who had been greatly impoverished by the late war. The governor wisely avoided an answer to this remonstrance, by putting it on the council, who were a party in the controversy. The council, in their answer, acknow- ledged that the province had been much distressed by the war, but had in a great measure recovered ; that there would have been no opposition to an impost, if the representatives had agreed to an act of export, according to the practice in England; that the king had a right to appoint his counsellors from any part of the province ; that it was an affront to the pre- rogative to find fault with the exercise of this light; and that it was most convenient for the affairs o government, especially upon sudden emergencies that the council should reside near the seat of go vernment. This answer might have appeared de cent enough if they had not added, that they were " gentlemen of the best quality, and greatec-t ability to serve the government, in that station; and hai .s good or better estates in land, and land securities, han any in the house, and not inferior to the gen- lemen who were laid aside." While these altercations were in hand there was i great complaint of the scarcity of money, and some xpedient was judged necessary to supply tbo place >f current coin. A proposal was made to issue ten housand pounds in bills, on loan, for twenty-throe fears, at five per cent, on land security. In this oth houses agreed; but the next day the council roposed to enlarge the sum to 15000/., to which the louse would not consent. The governor then or- dered the house to attend a conference with the council; they desired to know on what subject; he gave them no answer, but commanded their attcnd- ince. Having conferred about the proposed loan to no purpose, the circumstance of asking on what ubject they were to confer was deemed an affront, and served as a pretext for dissolving them. The Text assembly was more pliant, and issued 15,000/. in loan, for eleven years, at ten per cent. A controversy also arose between the governor md lieut.-governor about the power of the latter, in he absence of the former. Vaughan contended, hat when the governor was present in his other pro- rince, he was absent from New Hampshire, and consequently that the administration devolved on iim. The position was a metaphysical truth, but :he inference was to be measured by political rules. Shute alleged that his commissions being published and recorded in New Hampshire and Massachusetts, le had the power of commander in chief over both provinces, during his residence in either ; and thought .t an absurdity to suppose, that the king had ap- pointed the governor commander in chief, for five or six weeks only in the year, and the lieutenant-go- vernor during the rest of the time; and that if the ieut. -governor should happen, in that time, to step >ver the province line, the senior counsel must take the chair ; this he said would make the province " a monster with three heads." The controversy was soon brought to an issue ; for Vaughan received an order from Shute, while at Boston, to appoint a fast, which he did not obey ; he received another to prorogue the assembly, instead of which he dissolved them, without the advice of council. He required the opinion of the council on the extent of his power, but they declined giving it. Penhallow, the gover- nor's chief friend, was a warm opposer of Vaughan's pretensions, and incurred so much of his displeasure, that he publicly charged him with sowing discord in the government, and suspended him from his seat in council. On hearing this, Shute hasted to Ports- mouth, and having summoned the council, ordered the king's instruction to him for suspending coun- sellors to be read, and demanded of Vaughan whe- ther he had any instruction which superseded it. He answered, no. The governor then asked the council's advice whether the suspension of Penal- low was legal ; they answered in the negative, lie then restored him to his seat, and suspended Vaughan. The assembly, which Vaughan had assumed the right to dissolve, met again, and approved the pro- ceedings against him, justifying the construction which the governor had put on his commission, and his opinion of the lieut.-governor's power; which was " to observe such orders as he should from time to time receive from the king or the governor in chief." The representatives of Hampton presented a remonstrance, in which, admitting the lieut.- governor's opinion that " when the governor is out of tho province-, ii*e lieut. -governor is empowered to UNITED STATES. 157 execute the king's commission," and asserting that the governor was not in the province when the lieut.-governor dissolved the assembly, they declared that they could not act with the house, unless they were re-elected. This remonstrance was deemed a libel, and the governor in council having summoned them before hinr>, laid them under bonds of 400/. each, for their good behaviour. Ho then issued a proclamation, asserting his sole power, as com- mander in chief; and declaring that the lieut.- governor had no right to exercise any acts of go- vernment without his special order. To maintain a controversy with a superior officer on the extent of power, equally claimed by both, requires a delicacy and address which does not fall to the lot of every man. An aspiring and precipi- tate temper may bring on such a contention, but disqualifies the person from managing it with pro- priety. Had Vaughan proposed to submit the question to the king, he would have acted more in character, and might have preserved his reputation, though he had lost his power ; but having offended the governor and disgusted the council and assem- bly, he could hope for no favour from the crown. When the report of the proceedings was sent to England, Sir William Ashurst, who had great interest at court and was a friend to New Eng- land, and who greatly disrelished the memorial which Vaughan had formerly presented to the king, easily found means to displace him ; and in his room was appointed John Wentworth, Esq., whose com- mission was published on the 7th of December. The celebrated Mr. Addison being then secretary of state, 'this commission is countersigned by a name particularly dear to the friends of liberty and literature. John Wentworth, Esq., grandson of William Wentworth, formerly mentioned as one of the first settlers of the country, had been in the early part of his life commander of a ship, and had acquired a handsome fortune by mercantile industry. With- out any superior abilities or learning, by a steady attention to business, and a prudent, obliging de- portment, he had recommended himself to the esteem of the people. Having been five years in the council before his appointment as lieut.-governor, he had carried the same useful qualities into public life, and preserved or increased that respect which he had acquired in a private station. The rancour of contending parties made moderation a necessary character in a chief magistrate; and the circum- stances of the province, at that time, required a person of experience in trade at its head. It being a time of peace, after a long and dis- tressing war, the improvement of which the province was capable, in regard to its natural productions, lumber and naval stoies, rose into view and became objects of close attention, both here and in England. As early as 1668, the government of Massachusetts, under which the province then was, had reserved for the public use all white pine trees of twenty-four inches in diameter, at three feet from the ground. In King William's reign, a surveyor of the woods was appointed by the crown ; and an order was sent to the Earl of Bellamont, to cause acts to be passed in his several governments for the preservation of the white pines. In 1708 a law made in New Hampshire prohibited the cutting of such as were twenty-four inches in diameter, at twelve inches from the ground, without leave of the surveyor, who was instructed by the queen to mark with the broad arrow (hose which were, or might be, fit for the use of the navy, and to keep a register of them. What- ever severity might be used in executing the law, it was no difficult matter for those who knew the woods and were concerned in lumber to evade it ; though sometimes they were detected and fined. Great complaints were frequently made of the de- struction of the royal woods ; every governor and lieut.-governor had occasion to declaim on the sub- ject in their speeches and letters ; it was a favourite point in England, and recommended them to their superiors as careful guardians of the royal interest. On the other hand, the people made as loud com- plaints against the surveyor, for prohibiting the cutting of pine trees, and yet neglecting to mark such as were fit for masts ; by which means, many trees which never could be used as masts, and might be cut into logs for sawing, were rotting in the woods ; or the people who got them were exposed to a vexatious prosecution. When no surveyor was on the spot, the governor and council appointed suitable persons to take care that no waste should be made of the mast trees ; and these officers, with a very moderate allowance, performed the duty to much better purpose than those who were sent from England and maintained at a great expense to the crown. (1718.) As those trees which grew within the limits of the townships were deemed private property, the people were desirous to get other townships laid out, that the trees might be secured for their own use. This was a difficult point. The assembly, in 1704, during the controversy with Allen, had explicitly dis- claimed all title to the waste lands, by which they understood all those without the bounds of their towns. The heirs of Allen kept a jealous eye upon them. Usher, who claimed by mortgage from Governor Allen, was still living, and was daily inviting pur- chasers by advertisements. The heir of Sir Charles Hobby, whose claim was founded on purchase from Thomas Allen, had offered his title to the assembly, but they had refused it. The creditors of Hobby's estate had applied for letters of administration ; and though the matter had been by the judge of probate submitted to the general court, and by their advice suspended, yet the letters had been granted. Allen's other heirs were in a state of minority in England ; but their guardian was attentive to their interest. The controversy had become more complex than before ; and the claimants, however multiplied in number and discordant in their views, yet had an interest separate from that of the public. The royal determination could not be had, but on an ap- peal from a verdict at law ; but no suits were now pending; nor coiild the lands be granted by royal charter, without seeming to intrench on the property of the claimants. Notwithstanding these difficulties, the necessity of extending the settlements, and im- proving the natural advantages of the country, was too apparent to be neglected. (1719.) Great quantities of iron ore were found in many places ; and it was in contemplation to erect forges on some of the rivers and to introduce foreign artists and labourers to refine it. A law was made lay- ing a penalty of ten pounds per ton on the transporting of it out of the province ; but for the further en- couragement of the manufacture, it was deemed necessary that some lands should be appropriated to the purpose of supplying with fuel the iron works which were to be erected on Lamprey river, and of settling the people who were to be employed in that service. On this occasion it was recollected that in 1672, while this province was subject to the Masta- 458 THE HISTORY OF AMERICA. chusetts government, and after the town of Ports- mouth had made a liberal contribution for the re- building of Havard College, a promise had been made by the general court to grant to that town a quantity of " land for a village, when they should declare to thecQurtthe place where they desired it." Upon (his, a petition was presented to the governor and council praying for a fulfilment of this promise ; and after some hesitation, a grant was made of a slip of land two miles in breadth above the head line of Dover, for the use of the iron works, which was called the " renewing a grant formerly made." This was known by the name of the two-mile slip, and it was afterwards included in the township of Harrington. In some parts of the province were many pitch- pine trees, unfit for masts, but capable of yielding tar and turpentine. A monopoly of this manufac- ture had been attempted by a company of merchants ; but when many thousand trees were prepared for use, they were destroyed by unknown hands. After- wards a law was made providing that tar should be received in lieu of taxes, at twenty shillings per barrel. This encouraged the making of it for some time. Another law laid a penalty on the injuring of trees for drawing turpentine. Butprhate inte- rest was too strong to be counteracted by a sense of public utility. Too many incisions being made in the trees at once, they were soon destroyed; and as those which were near at hand became scarce, the manufacture was gradually discontinued. Hemp was another object. Some had been sown, and from the specimen of its growth, much advan- tage was expected. An act was made to encourage it ; and it was allowed to be received at the treasury, in lieu of money, at one shilling per pound. But as there was scarcely land enough in cultivation for the production of corn, it was vain to think of rais- ing a less necessary commodity. The parliament of England was attentive to the advantages which might be derived to the nation from the colonies, to which they were particularly incited by the war which at this time raged between Swe- den arid Russia the grand mart for ncival stores in Europe. A duty which had been paid on lumber imported from America, was taken off ; and this was esteemed so great a favour to New Hampshire that the assembly thanked Shute for the share he had in obtaining it. About the same time an act of par- liament was made for the preservation of the w r hite pines. Penalties, in proportion to the size of the trees, were laid on the cutting of those which grew without the bounds of townships ; and for the greater terror, these penalties were to be recovered by the oath of one witness, in a court of admiralty ; where a single judge, appointed by the crown, and remove- able at pleasure, determined the cause without a jury. While this bill was pending, Henry Newman, the agent for New Hampshire, petitioned against the severity of it, but without effect. Great inconveniences had arisen for want of a due settlement of the limits of the province. The people who lived near the supposed line, were sometimes taxed in both provinces, and were liable to arrests by the officers of both ; and sometimes the officers themselves were at variance, and imprisoned each other. Several attempts had been made to remove the difficulty, and letters frequently passed between the two courts on the subject, in consequence of pe- titions and complaints from the borderers. In 1716 commissioners were appointed by both provinces, to settle the line. The New Hampshire commissioners were furnished by Lieut.-Governor Vaughan, with a copy of the report of the lords chief justices in 1677, and were instructed " to follow the course of the river Merrimack, at the distance of three miles north as far as the river extends." The commis- sioners on the other side corn plained that this power was not sufficient. If by sufficient it was meant that they had no power to vary from their instructions, the objection was true, but why this should have been objected it is not so easy to account, since the instructions would have given Massachusetts all which they could claim by virtue of their old charter ; or the judgment upon it, on which they always laid much stress. Three years afterward the affair was agitated again, in obedience to an order from the lords of trade ; who directed a map to be drawn and sent to them, in which the boundaries of the pro- vince should be deliueated, and the best accounts and vouchers procured to elucidate it. Commis- sioners were again appointed to meet at Newbury ; and those from New Hampshire were instructed by Lieutenaut-Governor Wentworth to confer with the others ; and if they could agree in fixing the place where to begin the line, they were to report accord- ingly : but if not, they were to proceed ex parte, " setting their compass on the north side of the mouth of Merrimack river at high water mark, and from thence measuring three miles on a north line, and from the end of the first three miles on a west line into the country, till they should meet the great river which runs out of Winipisiogee pond." To this idea of a west line the Massachusetts commis- sioners objected; and desired that the commission of the governor of New Hampshire might be sent to Newbury, which was refused, and the conference ended without any agreement. However, a plan was drawn agreeably to these instructions, and sent to the lords of trade ; and Newman, the agent, was instructed to solicit for a confirmation of it. In these instructions, the ideas of the gentlemen in government are more fully expressed. The due west line on the southern side of the province, they sup- posed, ought to extend as far as Massachusetts ex- tended. The line on the northerly side adjoining to the province of Maine, they supposed ought to be drawn up the middle of the river Pascataqua, as far as the tide flows in the Newichwannock branch; and thence northwestward, but whether two or more points westward of north, was left for further con- sideration. While these things were in agitation, the pro- vince unexpectedly received an accession of inhabit* ants from the north of Ireland. A colony of Scots pvcsbyterians had been settled in the Province of Ulster, in the reign of James I.; they had borne a large share in the sufferings which the protestants in that unhappy country underwent, in the reign of Charles I. and James II. ; and had thereby con- ceived an ardent and inextinguishable thirst for civil and religious liberty. Notwithstanding the peace which Ireland had enjoyed, since the sub- jection of the Popish party by King William, som penal laws were still in force, which, with the incon- venience of rents and tithes, made these people wish for a settlement in America ; where they might be free from these burthens and have full scope for their industry. One Holmes, a youug man, son of a clergyman, had been here and carried home a favourable report of the country, which induced his father, with three other presb'yterian ministers, James Macgregore, William Cornwall, and William Boyd, and a large number of their congregations, to UNITED STATES. 459 resolve on an emigration. Having converted their substance into money, they embarked in five ships, and on the 14th of October, 1718, about 100 families of them arrived at Boston. Cornwell, with about twenty families more, arrived at Casco. They im- mediately petitioned the Assembly of Massachusetts for a tract of land ; who gave them leave to look out a settlement of six miles square, in any of the unappropriated lands at the eastward. After a fruitless search along the shore, finding no place that suited them there, sixteen families, hearing of a tract of good land, above Haverhill, called Nut- field (from the great number of chesnut and walnut- trees there), and being informed that it was not appropriated, determined there to take up their grant ; the others dispersed themselves into various parts of the country. As soon as the spring opened, the men went from Haverhill, where they left their families, and built some huts near a brook which falls into Beaver River, and which they named West-running brook. The first evening after their arrival, a sermon was preached to them under a large oak, which is to this day regarded with a degree of veneration. As soon as they could collect their families, they called Macgregore to be their minister, who, since his arrival in the country, had preached at Dracut. At the first sacramental occasion were present, two ministers and 65 communicants. Macgregore con- tinued with them till his death ; and his memory is still green among them: he was a wise, affec- tionate, and faithful guide, both in civil and re- ligious concerns. These people brought with them the necessary materials for the manufacture of linen ; and their spinning wheels, turned by the foot, were a novelty in the country. They also in- troduced the culture of potatoes, which were first planted in the garden of Nathaniel Walker, of Andover. They were an industrious, frugal, and consequently thriving people. They met with some difficulty in obtaining a title to their lands. If the due west line between the provinces had been established, it would have passed through their settlement and divided it between Massachusetts and New Hampshire ; but the curve line, following the course of Merrimack at three miles distance, would leave them unquestionably in New Hampshire. This was the idea of the General Court of Massachusetts, who, upon application to them for a confirmation of their former grant, de- clared them to be out of their jurisdiction. Among the many claimants to these lands, they were in- formed that Colonel Whelewright, of Wells, had the best Indian title, derived from his ancestors. Supposing this to be valid in a moral view, they followed the example of the first settlers of New England, and obtained a deed of ten miles square, in virtue of the general license granted by the Indian Sagamores in 1629. To prevent difficulty from Allen's claim, they applied for leave of settle- ment to Colonel Usher, who told them that the land was in dispute, and that he could not give them leave, but that he supposed they might settle on it, if they would hold it either of the king or of Allen's heirs, as the case might be determined. They also applied to the Lieutenant Governor of New Hamp- shire, who declined making them a grant in the king's name ; but, by advice of council, gave them a protection, and extended the benefit of the law to them ; appointing James M'Kean to be a justice of the peace, and Robert Wier a deputy-sheriff. (1720.) Some persons who claimed these lands, by virtue of a deed of about twenty years date, from John, an Indian Sagamore, gave them some dis- turbance ; but, having obtained what they judged a superior title, and enjoying the protection of govern- ment, they went on with their plantation ; receiving frequent additions of their countrymen, as well as others, till in 1722, their town was incorporated by the name of Londonderry, from a city in the north of Ireland, in and near to which most of them had resided ; and in which some of them had endured the hardships of a memorable siege. John Barr, William Caldwell, and Abraham Blair, with several others who had suffered in this siege, and formerly came to America, were by King William's special order made free of taxes through all the British dominions. The settlement of these emigrants on the waste lands opened the way for other plantations. Those who had borne the burthens and distresses of war, in defending the country, had long been circum scribed within the limits of the old towns, but were now multiplied, and required room to make settle- ments for their children. They thought it hard to be excluded from the privilege of cultivating the lands, which they and their fathers had defended; while strangers were admitted to sit down peaceably upon them. These were weighty reasons. At the same time no attempt was making by any of the claimants to determine the long-contested point of property ; and, in fact, no person could give a clear and undisputed title to any of the unsettled lands. In these circumstances a company of about one hundred persons, inhabitants of Portsmouth, Exeter and Haverhill, petitioned for liberty to begin a plantation on the northerly part of the lands called Nutfield. (1721.) These were soon followed by petitioners from the other towns, for the lands which lay contiguous to them. The governor and council kept the petitions suspended for a long time, giving public notice to all persons concerned to make their objections. In this time the lands were surveyed, and the limits of four proposed townships deter- mined ; and the people were permitted to build and plant upon the lands, " provided that they did not infringe on, or interfere with, any former grants, possessions, or properties." Some of these lands were well stocked with pine trees, which were felled in great abundance ; this occasioned a fresh com- plaint from the King's surveyor. (1722.) At length, charters being prepared, were signed by the governor; by which four townships, Chester, Nottingham, Barrington, and Rochester, were granted and incorporated. The grants were made in the name of the king, who was considered as the common guardian, both of the people and the claimants ; but with a clause of reservation, " as far as in us lies," that there might be no infringement on the claims. The signing of these grants was the last act of go- vernment performed by Shute in New Hampshire. A violent party in Massachusetts had made such strenuous opposition to him, and caused him so much vexation, as rendered it eligible for him to ask leave to return to England. He is said to have been a man of a humane, obliging, and friendly dis- position; but having been used to military com- mand, could not bear with patience the collision of parties, nor keep his temper when provoked. Fond 3f ease, and now in the decline of life, he would gladly have spent his days in America if he could lave avoided controversy. The people of New Hampshire were satisfied with his administration, as 460 THE HISTORY OF AMERICA. far as it respected them; and though they did not settle a salary on him as on his predecessor, yet they made him a grant twice in the year, generally amounting to a hundred pounds, and paid it out of the excise, which was voted from year to year. This was more, in proportion, than he received from his other government. On his departure for England, (1723), which was very sudden and unexpected, Lieut.-Governor Wentworth took the chief com mand, in a time of distress and perplexity ; the country being then involved in another war with the natives. The fourth Indian war, commonly called the three years' war, or LoveweWs war. To account for the frequent wars with the eastern Indians, usually called by the French the Abenaquis, and their unsteadiness, both in war and peace we must observe, that they were situated between the colonies of two European nations, who were often at war with each other, and who pursued very different measures with regard to them. As the lands, on which they lived, were compre- hended in the patents granted by the crown of Eng- land, the natives were considered by the English as subjects of that crown. In the treaties and con- ferences held with them, they were styled the king's subjects ; when war was declared against them, they were called rebels ; and when they were compelled to make peace, they subscribed an acknowledgment of their perfidy, and a declaration of their submis- sion to the government, without any just ideas of the meaning of those terms ; and it is a difficult point, to determine what kind of subjects they were. Beside the patents derived from the crown, the English in general were fond of obtaining from the Indians deeds of sale for those lands on which they were disposed to make settlements. Some of these deeds were executed with legal formality, and a valuable consideration was paid to the natives for the purchase; and others were of obscure and un- certain origin ; but the memory of such transac- tions was soon lost, among a people who had no written records. Lands had been purchased of the Indian chiefs, on the rivers Kennebeck and St. George, at an early period; but the succeeding In- dians either had no knowledge of the sales made by their ancestors, or had an idea that such bargains were not binding on posterity ; who had as much need of the lands, and could use them to the same purpose as their fathers. At first, the Indians did not know that the European manner of cultivating lands, and erecting mills and dams, would drive away the game and fish, and thereby deprive them of the means of subsistence ; afterwards, finding by experience that this was the consequence of admit- ting foreigners to settle among them, they repented of their hospitality, and were inclined to dispossess their new neighbours, as the only way of restoring the country to its pristine state, and of recovering their usual mode of subsistence. They were extremely offended by the settlements which the English, after the peace of Utrecht, made on the lands at the eastward, and by their building forts, block houses, and mills ; whereby their usual mode of passing the rivers and carrying-places was interrupted ; and they could not believe, though they were told with great solemnity, that these for- tifications were erected for their defence against in- vasion. When conferences were in 1717 held with them on this subject, they either denied that the ]&nds had been sold, or pretended that the sachems had exceeded their powor in making the bargains, or had conveyed lands beyond the limits of their tribe; or that the English had taken advantage of their drunkenness to make them sign the deeds; or that no valuable consideration had been given for tho purchase. No arguments or evidence which could be adduced would satisfy them, unless the lands were paid for again; and had this been done once, their posterity after a few years would have renewed the demand. On the other hand, the French did not in a formal manner declare them subjects of the crown of France; but every tribe, however small, was allowed to pre- serve its independence. Those who were situated in the heart of Canada kept their lands to them- selves, which were never solicited from them; those who dwelt on the rivers and shores of the Atlantic, though distant from the French colonies, received annual presents from the king of France ; and soli- tary traders resided with, or occasionally visited them; but no attempt was made by any company to settle on their lands. It was in the power of the English to supply them with provisions, arms, ammunition, blankets, and other articles which they wanted, cheaper than they could purchase them of the French. (1717.) Gover- nor Snute had promised that trading houses should be established among them, and that a smith should be provided to keep their arms and other instru- ments in repair; but the unhappy contentions be- tween the governor and assembly of Massachusetts prevented a compliance with this engagement. The Indians were therefore obliged to submit to the impositions of private traders, or to seek supplies from the French; who failed not to join with them in reproaching the English for this breach of promise, and for their avidity in getting away the land. The inhabitants of the eastern parts of New Eng- land were not of the best character for religion, and were ill adapted to engage the affections of the In- dians by their example. The frequent hostilities on this quarter, not only kept alive a spirit of jealousy and revenge in individuals, but prevented any en- deavours to propagate religious knowledge among the Indians by the government ; though it was one of the conditions of their charter, and though many good men wished it might be attempted. At length Governor Shute, in his conference with their Sa- chems at Arrowsic, introduced this important busi- ness by offering them in a formal manner, an Indian bible, and a protestant missionary ; but they rejected both, saying, " God hath given us teaching already, and if we should go from it we should displease him." He would have done much better service, and per- haps prevented a war, if he had complied with their earnest desire to fix a boundary, beyond which the English should not extend their settlements. A gentleman, in conversation with one of their Sachems, asked him why they were so strongly at- tached to the French, from whom they could not expect to receive so much benefit as from the Eng- lish ; the Sachem gravely answered, " Because the French have taught us to pray to God, which the English never did." The Jesuits had planted themselves among these tribes. They had one church at Penobscot, and ano- ther at Norrigdwog, where Sebastian Ralle, a French Jesuit, resided. He was a man of good sense, learn- ing and address, and by a compliance with then- mode of life, and a gentle, condescending deport ment. had gained their affections so as to manage UNITED STATES. 4G1 them at his pleasure. Knowing the power of super- stition over the savage mind, he took advantage of this, and of their prejudice against the English, to promote the cause, and strengthen the interest of the French among them. He even made the offices of devotion serve as incentives to their ferocity, and kept a flag, in which was depicted a cross, sur- rounded by bows and arrows, which he used to hoist on a polo, at the door of his church, when he gave them absolution, previously to their engaging in any warlike enterprise. With this Jesuit, the governor of Canada held a close correspondence ; and by him was informed of every thing transacted among the Indians. By this means, their discontent with the English, on account of the settlements made at the eastward, was height- ened and inflamed; and they received every en- couragement, to assert their title to the lands in question, and molest the settlers, by killing their cattle, burning their stacks of hay, robbing and in- sulting them. These insolencies discouraged the people, and caused many of them to remove. (1720) The garrisons were then reinforced ; and scouting parties were ordered into the eastern quarter, under the command of Col. Shadrach Walton. By this appearance of force, the Indians, who dreaded the power of the English, were restrained from open hostilities. They had frequent parleys with the com- manders of forts, and with commissioners who vi- sited them occasionally ; and though at first they seemed to be resolute in demanding the removal of the English, declaring that " they had fought for the land three times, and would fight for it again ;" yet when they were told that there was no alternative but perfect peace or open war, and that if they chose peace they must forbear every kind of insult, they seemed to prefer peace ; and either pretended ignorance of what had been done, or promised to make inquiry into it; and as an evidence of their good intentions, offered a tribute of skins, and de- livered up four of their young men as hostages. This proceeding was highly disrelished by the go- vernor of Canada, who renewed his efforts to keep up the quarrel, and secretly promised to supply the Indians with arms and ammunition ; though as it was a time of peace between the two crowns, he could not openly assist them. The New England governments, though highly incensed, were not easily persuaded to consent to a war. The dispute was between the Indians and the proprietors of the eastern lands, in which the public were not directly interested. No blood had as yet been shed. Canseau had been surprised and plun- dered, and some people killed there ; but that was in the government of Nova Scotia. Ralle was re- garded as the principal instigator of the Indians ; and it was thought, that if he could be taken off they would be quiet. It was once proposed to send the sheriff of York county with a posse of 150 men, to seize and bring him to Boston ; but this was not agreed to. (1721.) The next summer, Ralle, in company with Castine from Penobscot, and Croisil from Canada, appeared among the Indians, at a confe- rence held on Arrowsic island, with Capt. Penhal- low, the commander of the garrison, and brought a letter, written in the name of the several tribes of Indians, directed to Governor Shute ; in which it was declared, " that if the English did not remove in three weeks, they would kill them and their cattle and burn their houses." An additional guard was sent down ; but the government, loth to come to a rupture, and desirous if possible to treat with the Indians separately from the French emissaries, in- vited them to another conference, which they treated with neglect. In the succeeding winter, a party under Col. Tho- mas Westbrookc was ordered to Norridgwog to seize Ralle. They arrived at the village undiscovered, but before they could surround his house, he escaped into the woods, leaving his papers in his strongbox, which they brought off without doing any other da- mage. Among these papers were his letters of cor- respondence with the governor of Canada, by which it clearly appeared, that he was deeply engaged in exciting the Indians to a rupture, and had promised to assist them. This attempt to seize their spiritual father, could not long be unrevenged. (1722.) The next sum- mer they took nine families from Merrymeeting bay, and after dismissing some of the prisoners, re- tained enough to secure the redemption of their hos- tages, and sent them to Canada. About the same time they made an attempt on the fort at St. George's ; but were repulsed with considerable loss. They also surprised some fishing vessels in the eastern har- bours ; and at length made a furious attack on the town of Brunswick, which they destroyed. This ac- tion determined the government to issue a declara- tion of war against them, which was published in form at Boston and Portsmouth. New Hampshire being 'seated in the bosom of Massachusetts, had the same interest to serve, and bore a proportionable share of all these transactions and the expenses attending them. Walton, who first commanded the forces sent into the eastern parts, and Westbrooke, who succeeded him, as well as Penhallow, the commander of the fort at Arrow- sic, were New Hampshire men; the two former were of the council. A declaration of war being made, the enemy were expected on every part of the frontiers ; and the assembly were obliged to concert measures for their security, after an interval of peace for about ten years. The usual route of the Indians, in their marches to the frontiers of New Hampshire, was by the way of Winipiseogee lake. The distance from Cochecho falls in the town of Dover, to the south-east bay of that lake, is about thirty miles. It was thought that if a road could be opened to that place, and a fort built there, the enemy would be prevented from coming that way. Orders were accordingly issued, and a party of 250 men were employed in cutting down the woods for a road ; but the expense so far exceeded the benefit which could be expected from a fort at such a distance, in the wilderness, to be supplied with provisions and ammunition by land carriage, which might easily be interrupted by the enemy, that the design was laid aside, and the old method of defence by scouts and garrisons was adopted. Lieut-governor Wentworth, being com- mander in chief in Shute's absence, was particu'arly careful to supply the garrisons with stores, and visit them in person, to see that the duty was regularly performed; for which, and other prudent and faithful services, he frequently received the acknowledg- ments of the assembly and grants of money, generally amounting to 100/. at every session, and sometimes more. They also took care to inlist men for two years, and to establish the wages of officers and soldiers at the following rates : a captain at seven pounds per month, a lieutenant four pounds, a ser- geant fifty-eight shillings, a corporal forty-five shil- lings, and a private forty shillings. A bounty of one hundred pounds was offered for every Indian 4G2 THE HISTORY OF AMERICA scalp. The difference between the currency and sterling was two and a half for one. (1723.) The first appearance of the enemy in New Hampshire was at Dover, were they surprised and killed Joseph Ham, and took three of his children ; the rest of the family escaped to the garrison. Soon after they waylaid the road, and killed Tristram Heard. Their next onset was at Lamprey river, where they killed Aaron Rawlins and one of his children, taking his wife and two children captive. This Aaron Rawlins (whose wife was a daughter of Edward Taylor, who was killed by the Indians in 1704) lived upon the plantation left by Taylor, about half a mile west from Lamprey river landing, at the lower falls on Piscasick river. The people there at that time, commonly retired at night to the garrisoned houses, and returned home in the day time; but that night they neglected to retire as usual. His brother Samuel also lived about half a mile distant on the same river. It seems the Indian scout consisted of eighteen, who probably had been reconnoitring some time, and intended to have de- stroyed both the families, and for that purpose divided, and nine went to each house ; but the party that went to Samuel Rawlins's, beating in the win- dow, and finding the family gone, immediately joined their companions, who were engaged at Aaron's. His wife went out at the door (ignorant of course of the Indians being there), and was immediately seized, and also one or two of her children who followed her. Her husband being alarmed, secured the door before they could enter, and with his eldest daughter, about twelve years old, stood upon his defence, repeatedly firing where- ver they attempted to enter, and at the same time calling earnestly to his neighbours for help ; but the people in the several garrisoned houses near, apprehending from the noise and incessant firing, the number of the enemy to be greater than they were, and expecting every moment to be attacked themselves, did not venture to come to his assistance. Having for some time bravely withstood such une- qual force, he was at last killed by their random shots through the house, which they then broke open, and killed his daughter. They scalped him, and cut off his daughter's head, either through haste or probably being enraged against her, on account of the assistance she had afforded her father in their defence, which evidently appeared by her hands being soiled with powder. His wife and two chil- dren (a son and a daughter) they carried to Canada. The woman was redeemed in a few years ; the son was adopted by the Indians, and lived with them all his days : he came into Pennycook with the Indians after the peace, and expressed to some people with whom he conversed much resentment against his uncle Samuel Rawlins, supposing he had detained from his mother some property left by his father, but manifested no desire of returning to Newmarket again. The daughter married with a Frenchman, and when she was near sixty years old returned with her husband to her native place, in expectation of recovering the patrimony she conceived was left at the death of her father ; but the estate having been sold by her grandfather Taylor's administrator, they were disappointed, and after a year or two went back to Canada. The next spring (1724), the Indians killed James Nock, one of the elders of the church, as he was returning on horseback from setting his beaver traps in the woods. Soon after they appeared at Kingston, where they took Peter Colcord and Ephraini Stevens, and two children of Ebenezor Stevens. They were pursued by scouts from King- ston and Londonderry, but in vain. Colcord n.adf his escape in about six months, and received a gra- tuity of ten pounds from the assembly, for his " courage and ingenuity, and for the account he gave of the proceedings of the enemy." On a sabbath day they ambushed the road at Oyster river, and killed George Chesley, and mor- tally wounded Elizabeth Burnham, as they were re- turning together from public worship. In a few days more, five Indians took Thomas Smith and John Carr, at Chester, and after carrying them about thirty miles, bound them and lay down to sleep ; the captives escaped, and in three days ar- rived safe at a garrison in Londonderry. The settlements at Oyster river being very muck exposed, a company of volunteers under the com- mand of Abraham Bemvick, who went out on the encouragement offered by the government for scalps, were about marching to make discoveries. It hap- pened that Moses Davis, and his son of the same name, being at work in their corn field, went to a brook to drink, where they discovered three Indian packs. They immediately gave notice of this dis- covery to the volunteer company, and went before to guide them to the spot. The Indians had placed themselves in ambush; and the unhappy father and son were both killed. The company then fired, killed one, and wounded two others who made their escape, though they were pursued and tracked by their blood to a considerable distance. The slain Indian was a person of distinction, and wore a kind of coronet of scarlet-dyed fur, with an appendage of four small bells, by the sound of which the others might follow him through the thickets. His hail- was remarkbly soft and fine, aud he had about him devotional book and muster-roll of 180 Indians ; from which circumstances it was supposed that he was a natural son of the Jesuit Ralle, by an Indian woman who had served him as a laundress. His scalp was presented to the lieut.-governer in coun- cil, by Robert Burnham, and the promised bounty was paid to Captain Francis Matthews, in trust for the company. Within the town of Dover were many families of Quakers; who, scrupling the lawfulness of war, could not be persuaded to use any means for their defence, though equally exposed with their neigh- bours to an enemy who made no distinction between them. One of these people, Ebenezer Downs, was taken by the Indians, and was grossly insulted and abused by them, because he refused to dance as the other prisoners did, for the diversion of their savage captors. Another of them, John Hanson, who lived on the outside of the town in a remote situation, could not be persuaded to remove to a garrison, though he had a large family of children. A party of thirteen Indians, called" French Mohawks, had marked his house for their prey; and lay several days in ambush, waiting for an opportunity to as- sault it. While Hanson with his eldest daughter were gone to attend the weekly meeting of Friends, arid his two eldest sons were at work in a meadow at some distance, the Indians entered the house, killed and scalped two small children, and took his wife, with her infant of fourteen days old, her nurse, two daughters and a son, and after rifling the house carried them off. This was done so suddenly and secretly, that the first person who discovered it was the eldest daughter at her return from the meeting before her father. Seeing the two children dead at UNITED STATES. 463 the door, she gave a shriek of distress, which wa> distinctly heard by her mother, then in the hands o the enemy among the bushes, and by her brothers in the meadow. The people being alarmed, wen' in pursuit; but the Indians cautiously avoiding al paths, went off with their captives undiscovered After this disaster had befallen his family, Hanson removed the remainder of them to the house of his brother, who, though of the same religious persua sion, yet had a number of lusty sons, and always kept his fire-arms in good order, for the purpose o: shooting game. Hanson's wife, though of a tender constitution, had a firm and vigorous mind, anc passed through the various hardships of an Indian captivity with much resolution and patience. When her milk failed she supported her infant with water, which she warmed in her mouth, and dropped on her breast, till the squaws told her to beat the kernel ol walnuts and boil it with bruised corn, which proved a nourishing food for her babe. They were all sold to the French in Canada. Hanson went the next spring and redeemed his wife, the three younger children and the nurse, but he could not obtain the elder daughter of seventeen years old, though he saw and conversed with her. He also redeemed Ebenezer Downs. He made a second attempt in 1727, but died at Crown-point on his way to Canada. The girl was married to a Frenchman, and never returned. These and other insolencies of the enemy being daily perpetrated on the frontiers, caused the go- vernments to resolve on an expedition to Norridg- wog. The Captains Moulton and Harman, both of York, each at the head of a company of 100 men, executed their orders with great address. They com- pletely invested and surprised that village killed the obnoxious Jesuit with about eighty of his Indians recovered three captives destroyed the chapel, and brought away the plate and furniture of the altar, and the devotional flag, as trophies of their victory. Ralle was then in the G8th year of his age, and had resided in his mission at Norridgwog 26 years, having before spent 6 years in travelling among the Indian nations, in the interior parts of America. The parties of Indians who were abroad, continued to ravage the frontiers. Two men being missing from Dunstable, a scout of eleven went in quest of them ; they were fired upon by thirty of the enemy, and nine of them were killed : the other two made their escape, though one of them was badly wounded. Afterward another company fell into their ambush and engaged them, but the enemy being superior in number overpowered them, and killed one and wounded four, the rest retreating. At Kingston, Jabez Colman and his son Joseph, were killed as they were at work in their field. The success of the forces at Norridgwog and the large premium offered for scalps, having induced several volunteer com- panies to go out, they visited one after another of the Indian villages, but found them deserted. The fate of Norridgwog had struck such terror into them, that they did not think themselves safe at any of their former places of abode, and occupied them as resting places only, when they were scouting or hunting. Oije of these volunteer companies, under the com- mand of Captain John Lnvewell, of Dunstable, was greatly distinguished, first by their success and after- wards by their misfortunes. This company consisted of thirty : at their first excursion to the northward of Winipiseogee lake, they discovered an Indian wigwam in which there were a man and a boy. They killed and scalped the man and brought the boy alive to Boston, where they received the reward promised by law, and a handsome gratuity besides, By this success his company was augmented to seventy. They marched again, and visiting the place where they had killed the Indian, found his body as they had left it two months before. (1725.) Their provision falling short, thirty of them were dismissed by lot and returned. The remaining 40 continued their march till they discovered a track, which they followed till they saw a smoke just before sunset, by which they judged that the enemy were encamped for the night. They kept themselves concealed till after midnight, when they silently advanced, and dis- covered ten Indians asleep round a fire by the side of a frozen pond. Lovewell now determined to make sure work, and, placing his men conveniently, or- dered part of them to fire, five at once, as quick after each other as possible, and another part to reserve their fire: he gave the signal by firing his own gun, which killed two of them; the men firing according to order, killed five more on the spot; the other three starting up from their sleep, two of them were immediately shot dead by the reserve; the other, though wounded, attempted to escape by crossing the pond, but was seized by a dog and held fast tilMhey killed him. Thus in a few mi- nutes the whole company was destroyed, and some attempt against the frontiers of New Hampshire prevented; for these Indians were marching from Canada, well furnished with new guns and plenty of ammunition; they had also a number of spare blan- kets, mockaseens, and snow shoes for the accommo- dation of the prisoners whom they expected to take, and were within two days march of the frontiers. The pond where this exploit was performed is at the head of a branch of Salmonfall river, in the town- ship of Wakefield, and has ever since borne the name of Lovewell's pond. The action was spoken of by elderly people, at a distance of time, with an air of exultation ; and considering the extreme diffi- culty of finding and attacking Indians in the woods, and the judicious manner in which they were so completely surprised, it was a capital exploit. The brave company, with the ten scalps stretched on hoops, and elevated on poles, entered Dover in triumph, and proceeded thence to Boston; where they received the bounty of one hundred pounds for each, out of the public treasury. Encouraged by this success, Lovettell marched a third time; intending to attack the villages of Pig- wacket, on the upper part of the river Saco, which bad been the residence of a formidable tribe, and which they still occasionally inhabited. His com- pany at this time consisted of forty-six, including a chaplain and surgeon : Two of them proving lame, returned : another falling sick, they halted, and built a stockade fort on the west side of great Ossapy pond; partly for the accommodation of the sick man, and partly for a place of retreat in case of any mis- fortune. Here the surgeon was left with the sick nan, and eight of the company for a guard. The .lumber was now reduced to thirty-four. Pursuing :heir march to the northward, they came to a pond, about twenty-two miles distant, in a line from the fort, and encamped by the side of it. Early the next morning, while at their devotions, they heard the report of a gun, and discovered a single Indian, standing on a point of land which runs into the oond, more than a mile distant. They had been alarmed the preceding night by noises round their amp, which they imagined were made by Indians, 40 i THE HISTORY OF AMERICA. and this opinion was now strengthened. They sus- pected that the Indian was placed there to decoy them, and that a body of the enemy was in their front. A consultation being held, they determined to march forward, and by encompassing the pond, to gain the place where the Indian stood; and that they might be ready for action, they disencumbered themselves of their packs, and left them, without a guard, at the north-east end of the pond, in a pitch pine plain, where the trees were thin and the brakes, at that time of the year, small. It happened that Lovewell's march had crossed a carrying-place, by which two parties of Indians, consisting of forty-one men, commanded by Pangus and Wahwa, who had been scouting down Saco river, were returning to the lower village of Pigwacket, distant about a mile and a half from this pond. Having fallen on Lovewell's track, they followed it till they came to the packs, which they removed ; and counting them, found the number of his men to be less than their own : they therefore placed themselves in ambush, to attack them on their return. The Indian, who had stood on the point, and was returning to the vil- lage by another path, met our party, and received their fire, which he returned, and wounded Love- well and another with small shot. Lieutenant Wy- man, firing again, killed him, and they took his scalp. Seeing no other enemy, they returned to the place where they had left their packs, and while they were looking for them, the Indians rose, and ran toward them with a horrid yelling. A smart firing commenced on both sides, it being now about ten of the clock. Captain Lovewell and eight more were killed on the spot. Lieutenant Farwell, and two othei's, were wounded ; several of the Indians fell ; but, being superior in number, they endea- voured to surround the party, who, perceiving their intention, retreated hoping to be sheltered by a !>oint of rock which ran into the pond, and a few arge pine trees standing on a sandy beech. In this forlorn place they took their station. On their right was the mouth of a brook, at that time unfordable ; on their left was the rocky point ; their front was partly covered by a deep bog, and partly uncovered, and the pond was in their rear. The enemy galled them in front and flank, and had them so completely in their power, that had they made a prudent use of their advantage, the whole company must either have been killed, or obliged to surrender at discre- tion being destitute of a mouthful of sustenance, and an escape being impracticable. Under the conduct of Lieutenant Wyman they kept up their fire, and shewed a resolute countenance, all the re- mainder of the day; during which their chaplain, Jonathan Frie, Ensign Bobbins, and one more, were mortally wounded. The Indians invited them to surrender, by holding up ropes to them, and endea- voured to intimidate them by their hideous yells ; but they determined to die rather than yield; an< by their well-directed fire, the number of the savages \vas thinned, and their cries became fainter, till, just before night, they quitted their advantageous ground, carrying off their killed and wounded, am: leaving the dead bodies of Lovewell and his men unstalpcd. The shattered remnant of this brave company, collecting themselves together, found three of their number unable to move from the spot, elever wounded, but able to inarch, and nine who had re- ceived no hurt. It was melancholy to leave theii dying companions behind, but there was no possi bility of removing them. One of them, ensign Rob ins, desired them to lay his gun by him charged hat it' the Indians should return before his death he night be able to kill one more. After the rising of he moon, they quitted the fatal spot, and directed ;heir march toward the fort where the surgeon and juard had been left. To their great surprise they ound it deserted. In the beginning of the action, >ne man, (whose name has not been thought worthy o be transmitted to posterity) quitted the field, and led to the fort; where, in the style of Job's mes- sengers, he informed them of Lovewell's death, and he defeat of the whole company ; upon which they made the best of their way home ; leaving a quan- ity of bread and pork, which was a seasonable relief ,o the retreating survivors. From this place they endeavoured to get home. Lieutenant Farwell, the chaplain, (who had the journal of the march in his jocket,) and one more, perished in the woods, for want of dressing for their wounds. The others, after enduring the most severe hardships, came in one after another, and were not only received with oy, but were recompensed, for their valour and suf- ? erings ; and a generous provision was made for the widows and children of the slain. A party from the frontiers of New Hampshire were ordered out to bury the dead ; but, by some mistake, did not reach the place of action. Colonel Tyng, with a company from Dunstable, went to the spot, and having found the bodies of twelve, buried them, and carved their names on the trees where the battle was fought. At a little distance he found :hree Indian graves, which he opened ; one of the bodies was known to be their warrior Paugus. He also observed tracks of blood on the ground, to a great distance from the scene of action. It was re- marked, that a week before this engagement hap- pened, it had been reported in Portsmouth at the distance of eighty miles, with but little variation from the truth. Such incidents were not uncom- mon, and could scarcely deserve notice, if they did not indicate that a taste for the marvellous was not extinguished in the minds of the most sober and ra- tional. This was one of the most fierce and obstinate bat- tles which had been fought with the Indians. They had not only the advantage of numbers, but of plac- ing themselves in ambush, and waiting with deli- beration the moment of attack. These circumstan- ces gave them a degree of ardour and impetuosity. Loveweli and his men, though disappointed of meet- ing the enemy in their front, expected, and deter- mined, to fight. The fall of their commander, and more than one quarter of their number, in the first onset, was greatly discouraging; but they knew that the situation to which they were reduced, and their distance from the frontiers, cut off all hope of safety from flight. In these circumstances, prudence as well as valour dictated a continuance of the engage- ment, and a refusal to surrender, until the enemy, awed by their brave resistance, and weakened by their own loss, yielded them the honour of the field. After this encounter the Indians resided no more at Pigwacket till the peace. The conduct of the Marquis de Vaudreuil, gover- nor of Canada, was so flagrant- a breach of the treaty of peace subsisting between the crowns of England and France, that it was thought a spirited remon- strance might make him ashamed, and produce some beneficial effects. With this view, the general court of Massachusetts proposed to the colonies of New York, Connecticut, Rhode Island, and New Hamp- shire, to join in sending commissioners to Canada on this errand. New Hampshire was the only one UNITED STATES. which consented ; and Theodore Atkinson was ap- pointed on their part, to join with William Dudley and Samuel Thaxter on the part of Massachusetts. The instructions which they received from the Lieut.-governors Dummer and Wentworth, by ad- vice of the council and assembly of each province, were nearly similar. They were to demand of the French governor, restitution of the captives who had been carried into Canada; to remonstrate to him on his injustice and breach of friendship, in counte- nancing the Indians in their hostilities against the people of New England; to insist on his withdraw- ing his assistance for the future; and to observe to him, that if in the farther prosecution of the war, the Indian allies should in their pursuit of the enemy commit hostilities against the French, the blame would be entirely chargeable to himself. If the French governor or the Indians, should make any overtures for peace, they were empowered to give them passports, to come either to Boston or Ports- mouth for that purpose, and to return; but they were not to enter into any treaty with them. The commissioners were also furnished with the original letters of Vaudreuil to the governors of New Eng- land, and to the Jesuit Halle, and with copies of the several treaties which had been made with the In- dians. The gentlemen went by the way of Albany, and over the lakes, on the ice, to Montreal, where they arrived after a tedious and dangerous journey. The Marquis, who happened to be at Montreal, received and entertained them with much polite- ness. Having delivered their letters, and produced their commissions, they presented their remon- strance in writing, and made the several demands agreeably to their instructions ; using this among other arguments, " Those Indians dwell either in the dominions of the King of Great Britain, or in the territories of the French king. If in the French king's dominions, the violation of the peace is very flagrant, they then being his subjects ; but if they are subjects of the British crown, then much more is it a breach of the peace to excite a rebellion among the subjects of his Majesty of Great Britain." The governor gave them no written answer, but denied that the Abenaquis were under his govern- ment, and that he had either encouraged or sup- plied them for the purpose of war. He said that he considered them as an independent nation, and that the war was undertaken by them, in defence of their lands, which had been invaded by the people of New England. The commissioners, in reply, informed him that the lands for which the Indians had quarrelled were fairly purchased of their an- cestors, and had been for many years inhabited by the English. They produced his own letters to the governors of New England in which he had (in- consistently, and perhaps inadvertently) styled these Indians ' subjects of the King of France." They also alleged the several treaties held with them as evidence that they had acknowledged themselves subjects of the Britis'h crown ; and to his great mor- tification, they also produced his own original letters to the Jesuit Ralle, which had been taken at Nor- ridgwog, in which the evidence of his assisting-, and encouraging them in the war was too flagrant to admit of palliation. Farther to strengthen this part of their argument, they presented to the governor a Mohawk whom they had met with at Montreal, who, according to his own voluntary acknowledg- ment, had been supplied by the governor with arms, ammunition, and provision to engage in the war, HIST. OF AMER. Nos. 59 & 60. and had killed one man, and taken another whom he had sold in Canada. In addition to what was urged by the commis- sioners in general, Mr. Atkinson, on the part of New Hampshire, entered into a particular remon- strance, alleging that the Indians had no cause of controversy with that province, the lands in ques- tion being out of their claim. To this the governor answered that New Hampshire was a part of the same nation, and the Indians could make no dis- tinction. Atkinson asked him why they did not for the same reason make war on the people of Albany? The governor answered, "The people of Albany have sent a message to pray me to re- strain the savages from molesting them ; in a man- ner very different from your demands :" to which Atkinson with equal spirit replied, " Your lordship, then, is the right person for our governments to ap- ply to, if the Indians are subject to your orders." Finding himself thus closely pressed, he promised to do what lay in his power to bring them to an accommodation, and to restore those captives who were in the hands of the French, on the payment of what they had cost ; and he engaged to see that no unreasonable demands should be made by the persons who held them in servitude; as to those who stiil remained in the hands of the Indians, he said he had no power over them, and could not engage for their redemption. He complained in his turn of the governor of New York, for building a fort on the river Onondago, and said that he should look upon that proceeding as a breach of the treaty of peace ; and he boasted that he had the five nations of the Iroquois so much under his influ- ence, that he could at any time cause them to make war upon the subjects of Great Britain. The commissioners employed themselves very diligently in their inquiries respecting the captives, and in settling the terms of their redemption. They succeeded in effecting the ransom of sixteen, and engaging for ten others. The governor obliged the French, who held them, to abate of their demands ; but after all, they were paid for at an exorbitant rate. He was extremely desirous that the gentle- men should have an interview with the Indians, who were at war ; and for this purpose sent for a number of them from the village of St. Francis, and kept them concealed in Montreal. The commis- sioners had repeatedly told him that they had no power to treat with them, and that they would not speak to them unless they should desire peace. At his request, the chiefs of the Nipissins visited the commissioners, and said that they disapproved the war which their children the Abenaquis had made, and would persuade them to ask for peace. After a variety of manoeuvres, the governor at length pro- mised the commissioners that if they would consent to meet the Indians at his house, they should speak first. This assurance produced an interview; and the Indians asked the commissioners whether they would make proposals of peace ? They answered, no. The Indians then proposed, that " if the English would demolish all their forts, and remove one mile westward of Saco river ; if they would re- build their church at Norridgwog, and restore to them their priest, they would be brothers again* The commissioners told them that they had n< warrant to treat with them ; but if they were dis- posed for peace, they should have safe conduct to and from Boston or Portsmouth ; and the governor promised to send his son with them to see justice done. They answered, that " this was the only ; 3 c 466 THE HISTORY OF AMERICA. place to conclude peace, as the nations were near and could readily attend." The governor would have had them recede 1'rom their proposals, which he said were unreasonable, and make others ; but father Lc Chase, a Jesuit, being present, and acting as interpreter for the Indians, embarrassed the mat- ter so much, that nothing more was proposed. It was observed by the commissioners, that when they conversed with the governor alone, they found him more candid and open to conviction than when Le Chase, or any other Jesuit was present; and, through the whole of their negociation, it evidently appeared that the governor himself, as well as the Indians, were subject to the powerful influence of these ecclesiastics, of whom there was a seminary in Canada, under the direction of the Abbede Belmont. Having completed their business, and the rivers and lakes being clear of ice, the commissioners took their leave of the governor, and set out on their re- turn, with the redeemed captives, and a guard of soldiers, which the governor ordered to attend them as far as Crown-point. They went down the river St. Lawrence to the mouth of the Sorel, then up that river to Chamblee, and through the lakes to fort Nicholson. After a pleasant passage, of seven days, they arrived at Albany. Here they found commissioners of Indian affairs for the province of New York, to whom they com- municated the observations which they had made in Canada, and what the Marquis de Vaudreuil had said respecting the five nations, and the fort at Onandago. There being a deputation from these nations at Albany, they held a conference with them, and gave them belts; requesting their assist- ance in establishing a peace with the Abenaquis. From this place Mr. Atkinson wrote to M. Cava- melle, son of the Marquis, acknowledging the polite reception the commissioners had met with from the family ; subjoining a copy of the information which they had given to the commissioners of New York ; and promising that a due representation should be made to the kings of England and France on the subject of their negociation. The report of the commissioners being laid before the Assemblies of Massachusetts and New Hamp- shire, it was determined to prosecute the war with vigour. Orders were issued for the defence and supply of the frontiers, and for the encouragement of ranging parties, both volunteers and militia. A petition was sent to the king complaining of the French governor, and desiring that orders might be given to the other colonies of New England, and to New York, to furnish their quotas of assistance in the further prosecution of the war ; and letters were written to the governor of New York, requesting that such of the hostile Indians as should resort to Albany, might be seized and secured. The good effects of this mission to Canada were soon visible. One of the Indian hostages who had been detained at Boston through the whole war, to- gether with one who had been taken, were allowed on their parole, to visit their countrymen ; and they returned with a request for peace. Commissioners from both provinces went to St. George's, where a conference was held, which ended in a proposal for a farther treaty at Boston. In the mean time, some of the enemy were disposed for further mischief. These who had been concerned in taking Hanson's family at Dover, in a short time after their redemp- tion and rc'turn, came down with a design to take them again, as they had threatened them before they left Canada. When they had come near the house, they observed some people at work in a neigh- bouring field, by which it was necessary for them to pass, both in going and returning. This obliged them to alter their purpose, and conceal themselves in a barn, till they were ready to attack them. Two women passed by the barn, while they were in it, and had just reached the garrison as the guns were fired. They shot Benjamin Evans dead on the spot: wounded William Evans and cut his throat ; John Evans received a slight wound in the breast, which bleeding plentifully, deceived them, and thinking him dead, they stripped and scalped him : he bore the painful operation without discovering any signs of life, though all the time in his perfect senses, and continued-in the feigned appearance of death, till they had turned him over, and struck him seve- ral blows with their guns, and left him for dead. After they were gone off he rose and walked, naked and bloody, toward the garrison ; but on meeting his friends by the way, dropped, fainting on the ground, and being covered with a blanket, was conveyed to the house. He recovered and lived fifty years. A pursuit was made after the enemy, but they got off undiscovered, carrying with them Benjamin Evans, junior, a lad of thirteen years old, to Canada, whence he was redeemed as usual by a charitable collection. This was the last effort of the enemy in New- Hampshire. In three months, the treaty which they desired was held at Boston, and the next spring ratified at Falmouth. A peace was concluded in the usual form ; which was followed by restraining all private traffic with the Indians, and establishing truck-houses in convenient places, where they were supplied with the necessaries of life, on the most ad- vantageous terms. Though the governments on the whole were losers by the trade, yet it was a more honourable way of preserving the peace, than if an acknowledgment had been made to the Indians in any other manner. None of the other colonies of New England bore any share in the expenses or calamities of this war ; and New Hampshire did not suffer so much as in former wars ; partly by reason of the more extended frontier of Massachusetts, both on the eastern and western parts, against the former of which the enemy directed their greatest fury ; and partly by reason of the success of the ranging parties, who constantly traversed the woods as far northward as the White Mountains. The militia at this time was completely trained for active service ; every man of forty years of age having seen more than twenty years of war. They had been used to handle their arms from the age of childhood, and most of them, by long prac- tice, had become excellent marksmen, and good hunters. They were well acquainted with the lurk- ing-places of the enemy ; and possessed a degree of hardiness and intrepidity, which can be acquired only by the habitude of those scenes of danger and fatigue, to which they were daily exposed. They had also imbibed from their infancy a strong anti- pathy to the savage natives ; which was strengthen- ed by repeated horrors of blood and desolation, and not obliterated by the intercourse which they had with them in time of peace. As the Indians fre- quently resorted to the frontier towns in time of scarcity, it was common for them to visit the fami- lies whom they had injured in war ; to recount the circumstances of death and torture which had been practised on their friends ; and when provoked or intoxicated, to threaten a repetition of such insults in future wars. To bear such treatment required more than human patience ; and it is not improbable UNITED STATES. 467 that secret murders were sometimes the consequence of these harsh provocations. Certain it is, that when any person was arrested, for killing an Indian in time of peace, he was either forcibly rescued from the hands of justice, or if brought to trial, invariably acquitted; it being impossible to impannel a jury some of whom had not not suffered by the Indians, either in their persons or families. IVentworth's administration continued Bnrnet's short administration Belcher succeeds him Wentworth's death and character. During the war, the lieut.-governor had managed the executive department with much prudence ; the people were satisfied with his administration, and entertained an affection for him, which was expressed not only by words, but by frequent grants of money, in the general assembly. When he returned from Boston, (1726) where the treaty of peace was con- cluded, they presented to him an address of congra- tulation, and told him that " his absence had seemed long ; but the service he had done them filled their hearts with satisfaction." This address was followed by a grant of 100/.. He had, just before, consented to an issue of 2000/. in bills of credit, to be paid, one half in the year 1735, and the other half in 1736. An excise was laid for three years, and was farmed for 300J. The divisional line between the provinces of New Hampshire and Massachusetts was yet unsettled, and in addition to the usual disadvantages occasioned by this long neglect, a new one arose. By the con- struction which Massachusetts put on their charter, all the lands three miles northward of the river Mer- rimack were within their limits. On this principle, a grant had formerly been made to Governor Endi- cot, of some lands at Penacook, which had been the seat of a numerous and powerful tribe of Indians The quality of the land at that place invited the at- tention of adventurers from Andover, Bradford anc Haverhill ; to whom a grant was made of a town- ship, seven miles square ; comprehending the lands on both sides of the Merrimack, extending south- wardly from the branch called Contoocook. This grant awakened the attention of others ; and a mo tion was made in the Massachusetts assembly, for a line of townships, to extend from Dunstable on Mer rimack, to Northfield on Connecticut river; butthi motion was not immediately adopted. The assembl) of New Hampshire was alarmed. Newman, theii agent, had been a long time at the British court soliciting the settlement of the line, and a supply o military stores for the fort. Fresh instructions were sent to him to expedite the business, and to submi the settlement of the line to the king. A committee was appointed to go to Penacook, to confer with a committee of Massachusetts, then employed in laying out the lands, and to remonstrate against their pro ceeding. A survey of other lands near Winipiseogee lake, was ordered ; that it might be known, wha number of townships could be laid out, independently of the Massachusetts claim. On the other hand the heirs of Allen renewed their endeavours, and one of them, John Hobby, petitioned the assembly tc compound with him for his claim to half the pro vince ; but the only answer which he could obtain was that " the courts of law were competent to the de termination of titles," aud his petition was dismissed Both provinces became earnestly engaged. Mas sachusetts proposed to New Hampshire the appoint ment of commissioners to establish the line. The New Hampshire assembly refused, because they ha< ubmitted the case to the king. The Massachusetts jeople, foreseeing that the result of this application might prove unfavourable to their claim of jurisdic- ion, were solicitous to secure to themselves the pro- perty of the lands in question. Accordingly, the iroposed line of townships being surveyed, "pre- sences were encouraged and even sought after, to entitle persons to be grantees." The descendants of the officers and soldiers, who had been employed n expeditions against the Narraganset Indians, and against Canada, in the preceding century, were ad- mitted; and the survivors of the late Captain Love- well's company, with the heirs of the deceased, had a select tract granted to them at Suncook. There was an appearance of gratitude in making these grants, and there would have been policy in it, had the grantees been able to comply with the conditions. (1727.) New Hampshire followed the example, and made grants of the townships of Epsom, Chichester, Barnste'ad, Canterbury, Gilmantown, and Bow. All these, excepting the last, were undoubtedly within their limits ; but the grant of Bow interfered with the grants which Massachusetts had made at Pena- cook and Suncook, and gave rise to a litigation te- dious, expensive, and of forty years continuance. These tracts of land granted by both provinces were too numerous and extensive. It was impracti- cable to fulfil the conditions, on which the grants were made. Had the same liberal policy prevailed here as in Pennsylvania, and had the importation of emigrants from abroad been encouraged, the country might have been soon filled with inhabitants; but the people of Londonderry were already looked upon with a jealous eye, and a farther intrusion of strangers was feared, lest they should prove a bur- den and charge to the community People could not be spared from the old towns. Penacook was almost the only settlement which was effected by emigrants from Massachusetts. A small beginning was made by the New Hampshire proprietors at Bow, on Suncook river; but the most (if the inter- mediate country remained uncultivated for many years. Schemes of settlement were indeed continu- ally forming ; meetings of proprietors were frequently held, and an avaricious spirit of speculation in landed property prevailed, but the real wealth and improve- ment of the country instead of being promoted were retarded. On the death of King George I., the assembly, which had subsisted five years, was of course dis- solved; and writs for the election of another were issued in the name of George II. The long continu- ance of this assembly was principally owing to the absence of Governor Shute, in whose administration it commenced, and the uncertainty of his return or the appointment of a successor. It had been deemed a grievance, and an attempt had been made in 17 24, to limit the duration of assemblies to three years, in conformity to the custom of England. At the meet- ing of the new assembly, the first business which they took up was to move for a triennial act. The Lieut.-governor was disposed to gratify them. Both houses agreed in framing an act for a triennial as- sembly, in which the duration of the present assem- bly was limited to three years (unless sooner dis- solved by the commander in chief), writs were to issue fifteen days at least before a new election; the qualification of a representative was declared to be a freehold estate of 300J. talue The" qualification of an elector was a real estate of 50/.. within the town or precinct where the election should be made, but habitancy was not required in either case , the 468 THE HISTORY OF AMERICA. select men of the town, with the moderator of the meeting, were constituted judges of the qualifica- tions of electors, saving an appeal to the house of representatives. This act having been passed in due form, received the royal approbation, and was the only act which could be called a constitution or form of government, established by the people of New Hampshire; all other parts of their govern- ment being founded on royal commissions and in- structions. But this act was defective, in not deter- mining by whom the writs should be issued, and in not describing the places from which representatives should be called either by name, extent, or popula- tion. This defect gave birth to a long and bitter controversy, as will be seen hereafter. The triennial act being passed, the house were disposed to make other alterations in the govern- ment. An appeal was allowed in all civil cases from the inferior to the superior court ; if the matter in controversy exceeded 100/., another appeal was al- lowed to the governor and council, and if it exceeded 300/., to the king in council. The appeal to fhe governor in council was first established by Cult's commission, and continued by subsequent commis- sions and instructions. In Queen Anne's time, it was complained of as a grievance, that the gover- nor and council received appeals and decided causes, without taking an oath to do justice. An oath was then prescribed and taken. The authority of this court had been recognised by several clauses in the laws, but was disrelished by many of the people, partly because the judges who had before decided cases, were generally members of the council; partly because no injury was admitted in this court of ap- peal, and partly because no such institution was known in the neighbouring province of Massachu- setts. The house moved for a repeal of the several clauses in the laws relative to this obnoxious court; the council non-concurred their vote, and referred them to the royal instructions. The house persisted in their endeavours, and the council in their oppo- sition. Both sides grew warm, and there was no prospect of an accommodation. The lieut-governor put an end to the session, and soon after dissolved the assembly by proclamation. (1728.) A new assembly was called; the same persons, with but two 01 three exceptions, were re-elected, and the same spirit appeared in all their transactions. They chose for their speaker Natha- niel Weare, who had been speaker of the former assembly, and having as usual presented him to the lieut-governor, he negatived the choice. The house desired to know by what authority ; he produced his commission ; nothing appeared in that which satisfied them ; and they adjourned from day to day without doing any business. After nine days they chose another speaker, Andrew Wiggin, and sent up the vote, with a preamble, justifying their former choice. The lieut.-governor approved of the speaker, but disapproved the preamble ; and thus the controversy closed, each side retaining their own opinion. The speeches and messages from the chair, and the an- swers from the house during this session were filled with reproaches; the public business was conducted with ill humour, and the house carried their opposi- tion so far as to pass a vote for addressing the king to annex the province to Massachusetts : to this vote the council made no answer. But as a new gover- nor was expected, they agreed in appointing a com- mittee of both houses to go to Boston, and compli- ment him on his arrival. The expected governor was William Burnet, son of the celebrated Bishop of Sarum, whose name was dear to the people of New England, as a steady and active friend to civil and religious liberty. Mr. Bur- net was a man of good understanding and polite literature ; fond of books and of the conversation of literary men; but an enemy to ostentation and pa- rade. He had been governor of New York and New Jersey, and quitted those provinces with reluc- tance, to make way for another person, for whom the British ministry had to provide. Whilst at New York he was very popular, and his fame having reached New England, the expectations of the peo- ple were much raised on the news of his appointment to the government of Massachusetts and New Hamp- shire. Lieut. Governor Wentworth characterised him in one of his speeches as " a gentlemen of known worth, having justly obtained an universal regard from all who have had the honour to be under his government." He was received with much pa- rade at Boston, whither the lieut.-goveruor of New Hampshire, with a committee of the council and assembly, went to compliment him on his arrival. Mr. Burnet had positive instructions from the crown to insist on the establishment of a permanent salary in both his provinces. He began with Massa- chusetts, and held a long controversy with the gene- ral court to no purpose. In New Hampshire a pre- cedent had been established in the administration of Dudley, which was favourable to his views. Though some of the assembly were averse to a permanent sa- lary, yet the lieut.-governor had so much interest with them by virtue of having made them propri- etors in the lately granted townships that they were induced to consent ; on condition that he should be allowed one third part of the salary, and they should be discharged from all obligations to him. (1729.) This bargain being concluded, the house passed a vote, with which the council concurred, to pay, " Governor Burnet, for the term of three years, or during his administration, the sum of two hundred pounds sterling, or six hundred pounds in bills of credit ; which sum was to be in full of all demands from this government for his salary ; and all ex- penses in coming to, tarrying in, or going from this province ; and also for any allowance to be made to the lieut.-governor ; and that the excise on liquors should be appropriated to that use." To this vote six of the representatives entered their dissent. The governor came but once into New Hampshire. His death, which happened after a few months, was supposed to be occasioned by the ill effect which his controversy with Massachusetts, and the disappoint- ment which he suffered, had on his nerves. (1730.) When the death of governor Burnet was known in England the resentment against the pro- vince of Massachusetts was very high, on account of their determined refusal to fix a salary on the king's governor. It was even proposed to reduce them to " a more absolute dependence on the crown;" but a spirit of moderation prevailed ; and it was thought that Mr. Jonathan Belcher, then in England, being a native of the province, and well acquainted with the temper of his countrymen, would have more influence than a stranger to carry the favourite point of a fixed salary. His appointment as governor of New Hampshire was merely an appendage to his other commission. Belcher was a merchant of large fortune and un- blemished reputation. He had spent six years in Europe, had been twice at the court of Hanover before the protestant succession took place in the family of Brunswick, and had received from the UNITED STATES. Princess Sophia a rich gold medal. He was grace- ful in his person, elegant and polite in his manners, of a lofty and aspiring disposition, a steady, gene- rous friend, a vindictive but not implacable enemy. Frank and sincere, he was extremely liberal in his censures, both in conversation and letters. Having a high sense of the dignity of his commission, he determined to support it, even at the expense of his private fortune ; the emoluments of office in both provinces being inadequate to the style in which he chose to live. Whilst he was in England, and it was uncertain whether he would be appointed or Shute would re- turn, Wentworth wrote letters of compliment to both. Belcher knew nothing of the letter to Shute till his arrival in America, and after he had made a visit to New Hampshire, and had been entertained at the house of the lieut.-governor. He was then informed that Wentworth had written a letter to Shute, of the same tenor as that to himself. This he deemed an act of duplicity. How far it was so, cannot now be determined. The persuasion was so strong in the mind of Belcher, that on his next visit to Portsmouth he refused an invitation to Went- worth's house. This was not the only way in which he manifested his displeasure. When the affair of the salary came before the assembly, he not only refused to' make such a compromise as Burnet had done; but obliged the lieut.-governor under his hand " to quit all claim to any part of the salary, and to acknowledge that he had no expectation from, or dependence on, the assembly for any allowance, but that he depended wholly on the governor." The same salary was then voted, and in nearly the same words, as to his predecessor. He allowed the lieut.- governor the fees and perquisites only which arose from registers, certificates, licenses, and passes, amounting to about fifty pounds sterling. Went- worth and his friends were disappointed and dis- gusted. He himself did not long survive ; being seized with a lethargic disorder, he died December 12th, in the fifty-ninth year of his age ; but his family connexions resented the affront, and drew a considerable party into their views. Benning Went- worth, his son, and Theodore Atkinson, who had married his daughter, were at the head of the op- position. The latter was removed from his office of collector of customs, to make room for Richard Wibird ; the naval office was taken from him and given to Ellis Huske; and the office of high sheriff, which he had held, was divided between him and Eleazer Russell. Other alterations were made, which greatly offended the friends of the late lieut.- governor; but Belcher, satisfied that his conduct was agreeable to his commission and instructions, disregarded his opponents, and apprehended no danger from their resentment. Atkinson was a man of humour, and took occasion to express his disgust in a singular manner. The governor, who was fond of parade, had ordered a troop of horse to meet him on the road and escort him to Portsmouth. The officers of the government met him, and joined the cavalcade. Atkinson was tardy ; but when he appeared, having broken the sheriff's wand, he held one half in his hand. Being chid by the governor for not appearing sooner, he begged his excellency to excuse him, because he had but half a horse to ride. In addition to what has been observed respecting lieut-governor Wentworth, the following portrait of his character, by some contemporary friend, deserves remembrance. " He was born at Portsmouth, of worthy parents, from whom he had a religious education. His incli- nation leading him to the sea, he soon became a commander of note, and gave a laudable example to that order by his sober behaviour and his constant care to uphold the worship of God in his ship. Wherever he came, by his discreet and obliging de- portment, he gained the love and esteem of those with whom he conversed. " On his leaving the sea, he had considerable business as a merchant, and always had the reputa- tion of a fair and generous dealer.' " He has approved himself to the general accep- tance of his majesty's good subjects throughout this province, and under his mild administration, we enjoyed great quietness. " He was a gentleman of good natural abilities, much improved by conversation ; remarkably civil and kind to strangers respectful to the ministers of the gospel a lover of good men of all denomina- tions compassionate and bountiful to the poor courteous and affable to all having a constant regard to the duties of divine worship, in private and public, and paying a due deference to all the sacred institutions of Christ. He had sixteen children." Dunbar's Lieutenancy and enmity to Belcher Ef- forts to settle the boundary lines Divisions Riot Trade Episcopal Church Throat distemper. (1731.) Mr. Wentworth was succeeded in the lieutenancy by David Dunbar, Esq., a native of Ireland, and a reduced colonel in the British ser- vice ; who was also deputed to be surveyor of the king's woods. This appointment was made by the recommendation of the board of trade ; of which Colonel Bladen was an active member, who bore no good will to Governor Belcher, Dunbar had been commander of a fort at Pernaquid, which it was in contemplation to annex to Nova Scotia. He had taken upon him to govern the few scattered people in that district, with a degree of rigor to which they could not easily submit. This conduct had already opened a controversy, between him and the province of Massachusetts ; and it was very unfortunate for Belcher to have such a person connected with both his governments. What were the merits, which re- commended Dunbar to these stations, it is not easy at this time to determine ; the only qualifications, which appear to have pleaded in his favour, were poverty and the friendship of men in power. He was an instrument of intrigue and disaffection ; and he no sooner made his appearance in New Hampshire, than he joined the party who were in opposition to the go- vernor. Belcher perceived the advantage which his enemies would derive from this alliance, and made all the efforts in his power to displace him. In his letters to the ministry, to the board of trade, and to his friends in England, he continually represented him in the worst light, and solicited his removal. It is not improbable, that his numerous letters of this kind, written in his usual style, with great freedom and without any reserve, might confirm the suspi- cions raised by the letters of his adversaries, and induced the ministry to keep Dunbar in place, as a check upon Belcher, and to preserve the balance of parties. Within a few weeks after Dunbar's coming to Portsmouth, a complaint was drawn up against Bel- cher, and signed by fifteen persons; alleging that his government was grievous, oppressive, and arbi- trary, and praying the king for his removal. This 470 THE HISTORY OF AMERICA. roused the governor's friends, at the head of whom was Richard Waldron, the secretary, who drew up a counter address, and procured a hundred names to be subscribed. Both addresses reached England about the same time. Richard Partridge, Mr. Bel- cher's brother in law, in conjunction with his son, Jonathan Belcher, then a student in the Temple, applied for a copy of the complaint against him, at the plantation office, and obtained it ; but could not get sight of the letters which accompanied it, though, on the foundation of those letters, a representation had been made by the board of trade to the king. The only effect which Dunbar's letters had at that time, was to procure the appointment of Theodore Atkinson, Benning Wentworth, and Joshua Peirce, to be counsellors of New Hampshire ; and though Belcher remonstrated to the secretary of state against these appointments, and recommended other persons t i * n A l .1 to be disposed of by them. On both suppositions the people of New Hampshire can have no property in the lands, and therefore why should they be zealous about the division, or tax themselves to pay the expense of it ? The governor, as obliged by his instructions, fre- quently urged the settlement of the lines in his speeches, and declared, that the assembly of New Hampshire had done more toward effecting it, than that of Massachusetts. A committee from both pro- vinces met at Newbury in the autumn of 1731, on this long contested affair; but the influence of that party in Massachusetts, of which Elisha Cooke was at the head, prevented an accommodation. Soon after this fruitless conference, the representatives of New Hampshire, of whom a majority was in favour of settling the line, determined no longer to treat with Massachusetts ; but to represent the matter to in their room, he could not prevail, any farther than j the king, and petition him to decide the controversy, to delay the admission of the two former for about J Newman's commission, as agent, having expired, two years ; during which time they were elected into I they chose for this pm'pose John Rindge, merchant, the house of representatives, and kept up the oppo- of Portsmouth, then bound on a voyage to London, sition there. The recommendations, which he made The appointment of this gentleman was fortunate of other persons, were duly attended to when vacan- j for them, not only as he had large connexions in cies happened ; and thus the council was composed j England; but as he was capable of advancing money, of his friends, and his enemies. The civil officers, ! to carry on the solicitation. The council, a majority whom he appointed, were sometimes superseded by ! of which was in the opposite interest, did neither con- persons recommended and sent from England; and cur in the appointment, nor consent to the petition, in one instance, a commission for the naval office, (1732.) Mr. Rindge, on his arrival in England, in favour of a Mr. Reynolds, son of the Bishop of | petitioned the king in his own name, and in behalf Lincoln, was filled up in England, and sent over j of the representatives of New Hampshire, to estab- with orders for him to sign it ; which he was obliged lish the boundaries of the province ; but his private punctually to obey. affairs requiring his return to America, he did, From the confidential letters of the leading men agreeably to his instructions, leave the business in on both sides, the views of each party may plainly ! the hands of Captain John Thornlinson, merchant, be seen; though they endeavoured to conceal them j of London, who was well known in New Hamp- from each other. The governor and his friends had shire, where he had frequently been in quality of a projected an union of New Hampshire with Massa- ; sea commander. He was a gentleman of great chusetts ; but were at a loss by what means to bring penetration, industry, and address ; and having it into effect. The most desirable method would fully entered into the views of Belcher's opponents, Kave been, an unanimity in the people of New ; prosecuted the affair of the line, "with ardour and Hampshire, in petitioning the crown for it : but as ' diligence ;" employing for his solicitor, Ferdinando this could not be had, the project was kept out of j John Parris ; who, being well supplied with money, sight, till some favourable opportunity should present. | was indefatigable in his attention. The petition The other party contemplated not only the con- tinuance of a separate government, but the appoint- ment of a distinct governor, who should reside in the province, and have no connexion with Massa- chusetts. The greatest obstacle in their way, was was of course referred to the lords of trade, and Francis Wilks, the agent of Massachusetts, was served with a copy to be sent to his constituents. Whilst the matter of the line was pending on the British side of the Atlantic, the parties in New Hamp- the smallness and poverty of the province, which shire maintained their opposition, and were on ail was not able to support a gentleman in the charac- j occasions vilifying and abusing each other, especially rr\ ji * _1__j. 1- 'A. _.. ji I_JA j 1 1 f> __ 1 -n i I r\ .1 ter of governor. To remove this obstacle, it was necessary to have the limits of territories, not only fixed, but enlarged. They were therefore zealous in their attempts for this purpose ; and had the ad- dress to persuade a majority of the people, that they would be gainers by the establishment of the lines ; that the lands would be granted to them and their children; and that the expense of obtaining the settlement would be so trifling, that each man's share would not exceed the value of a pullet. The governor's friends were averse to pressing the settlement of the line ; and their reasons were these. The controversy is either between the king and the subjects of his charter government of Mas- sachusetts ; or else, between the heirs of Mason and Allen, and the people of Massachusetts. If the controversy be settled even in favour of New Hamp- shire, the lands which fall within the line will be either the king's property, to be granted by his go- vernor and council, according to royal instructions; or else the property of the heirs of Mason or Allen, in their letters to their friends in England. On the one side, Belcher incessantly represented Dunbar as the fomenter of opposition ; as false, perfidious, ma- licious, and revengeful ; that he did no service to the crown, nor to himself, but was " a plague to the governor and a deceiver of the people." He was also very liberal in his reflections, on his other opposers. On the other side, they represented him as unfriendly to the royal interest, as obstructing the settlement of the lines, conniving at the destruc- tion of the king's timber ; and partial to his other government, where all his interest lay ; and that he had not even a freehold in New Hampshire. (1733.) As an instance of his partiality, they alleged that in almost every session of the Assembly of Massachu- setts, he consented to grants of the disputed lands, to the people of that province; by which means their Assembly raised money, to enable their agent to protract the controversy, that they might have opportunities to lay out more townships ; while at the same time he rejected a supply bill of the New UNITED STATES. 471 Hampshire Assembly, and dissolved them, because that in it, they had made an appropriation for their agent. The truth was, that the council did not con- sent to the bill, because they had no hand in ap- pointing the agent, and the bill never came before the governor. The frequent dissolution of assem- blies was another subject of complaint; and, in fact, this measure never produced the desired effect; for the same persons were generally re-elected, and rro reconciling measures were adopted by either party. (1734.) The governor frequently complained, in his speeches, that the public debts were not paid ; nor the fort, prison, and other public buildings kept in repair, because of their failure in supplying the treasury. The true reason of their not supplying it was, that they wanted issues of paper money, to be drawn in at distant periods ; to this the governor could not consent, being restrained by a royal in- struction, as well as in principle opposed to all such practices. But one issue of paper was made in his administration ; and for its redemption, a fund was established in hemp, iron, and other productions of the country. When a number of merchants and others had combined to issue notes, to supply the place of a currency, he issued a proclamation against them ; and in his next speech to the assem- bly, condemned them in very severe terms. The assembly endeavoured to vindicate the character of the bills ; but in a few days he dissolved them, with a reprimand, charging them with trilling, with in- justice and hypocrisy. It must be remembered that his complaints of an empty treasury were not occasioned by any failure of his own salary, which was regularly paid out of the excise. Belcher revived the idea of his predecessor Shute, which was also countenanced by his instructions, that he was virtually present in New Hampshire when personally absent and attending his duty in his other province ; and therefore that the lieut.- governor could do nothing but by his orders. Dun- bar had no seat in the council, and Shadrach Walton being senior member, by the governor's order summoned them and presided. He also held the command of the fort, by the governor's commis- sion ; granted passes for ships, and licenses for mar- riage ; and received and executed military orders, as occasion required. The lieutenant-governor contested this point, but could not prevail ; and finding himself reduced to a state of insignificance, he retired in disgust to his fort at Pemaquid, where he resided almost two years. The governor's friends gave out that he had absconded for debt, and affected to triumph over the opposition, as poor and im- potent; but their complaints, supported by their agent Thomlinson, and the influence of Bladen at the Board of Trade, made an impression there much to the disadvantage of Mr. Belcher, though he had friends among the ministry and nobility, the prin- cipal of whom was Lord Townsend, by whose influ- ence he had obtained his commission. After Dunbar's return to Portsmouth the gover- nor thought it good policy to relax his severity; and gave him the command of the fort, with the ordinary perquisites of office, amounting to about fifty pounds sterling. Not content with this, he complained that the governor did not allow him one third of his salary. The governor's salary was but 600. currency; and he spent at least one hundred in every journey to New Hampshire, of which he made two in a year. At the same time Dunbar had two hundred pounds sterling, as surveyor general of the woods ; which, with the perquisites, amounting to one hundred more, were divided between him and his deputies. But it must be remembered that he was deeply in debt, both here and in England. The rigid execution of the office of surveyor ge- neral had always been attended with difficulty ; ana the violent manner in which Dunbar proceeded with trespassers, raised a spirit of opposition on such occasions. The statutes for the preservation of the woods im powered the surveyor to seize all logs cut from white pine trees without license ; and it rested on the claimant to prove his property in the court of admiralty. Dunbar went to the saw-mills, where he seized and marked large quantities of lumber; and with an air and manner to which he had been accustomed in his military capacity, abused and threatened the people. That class of men with whom he was disposed to contend are not easily in- timidated with high words; and he was not a match for them in that species of controversy which they have denominated swamp law. An instance of this happened at Dover, whither he came with his boat's crew to remove a parcel of boards which he had seized. The owner, Paul Gerrish, warned him of the consequence; Dunbar threatened with death the first man who should obstruct his intentions ; the same threat was returned to the first man who should remove the boards. Dunbar's prudence at this time got the better of his courage, and he retired. With the like spirit, an attempt of the same kind was frustrated at Exeter, whither he sent a company in a boat to remove lumber. Whilst his men were regaling themselves at a public house, in the even- ing, and boasting of what they intended to do the next day, a number of persons, disguised like Indi- ans, attacked and beat them ; whilst others cut tho rigging and sails of the boat, and made a hole in her bottom. The party not finding themselves safe in the house, retreated to the boat, and pushed off; but being there in danger of sinking, they with difficulty regained the shore, and hid themselves till morning, when they returned on foot to Portsmouth. This was deemed a flagrant insult. Dunbar sum- moned the council, and complained to them of the riotous proceedings at Exeter, where there was " a conspiracy against his life, by evil-minded persons, who had hired Indians to destroy him." He pro- posed to the council the issuing of a proclamation, offering a reward to apprehend the rioters. The major part of the council were of opinion that no proclamation could be issued but by the governor. Information being sent to the governor, he issued a proclamation ; commanding all magistrates to assist in discovering the rioters. This transaction afforded matter for complaint, and a memorial was drawn up by Thomlinson, grounded on letters which he had received. It was suggested, that the governor's pretence to favour the surveyor was deceitful ; that the rioters at Exeter were his greatest friends ; that the council, wholly devoted to him, would not advise to a proclamation till they had sent to Boston that the proclamation was delayed and when it appeared offered no re- ward, though Dunbar had proposed to pay the money himself and that by reason of this delay and omis- sion, the rioters escaped with impunity. In justice to Mr, Belcher, it must be said that there was-no delay on his part the proclamation being sent from Boston within six days. It also appears, from the secret and confidential letters of the governor, that he disapproved the riot, and eveii called it rebellion ; that he gave particular orders to the magistrates to make inquiry, and take depo- 472 THE HISTORY OF AMERICA. sitions, and do their utmost to discover the rioters. If he did not advertise a reward, it was because there was no money in the treasury : and if Dun- bar had been sincere in his offer to pay it, he might have promised it by advertisement. The true rea- son that the rioters were riot discovered was, that their plan was so artfully conducted, their persons so effectually disguised, and their confidence in each other so well placed, that no proof could be obtained ; and the secret remained with themselves, till the danger was ovar, and the government had passed into other hands. A law had been made for holding the inferior court of common pleas, alternately in each of the four old towns ; and the practice had been con- tinued for several years, much to the convenience and satisfaction of the people ; but Dunbar remon- strated against it to the board of trade, and moved for a disallowance of the act, because the people who had obstructed him in his office deserved not so much favour. The act was in consequence disallowed, and the courts were afterward confined to Ports- mouth. (1735.) The order for disallowance came to the hands of Dunbar, who called a meeting of the council, that they might advise to its publication. A majority of them would not consent till the origi- nal order was sent to Boston, and Governor Belcher directed the publication of it. This transaction served as matter of fresh complaint, and was alleged as an argument for the appointment of a governor who should reside constantly in the province. To finish what relates to Dunbar. He was caressed by the party in opposition to Belcher, under the idea that he had interest enough in England to obtain a commission for the government of New Hampshire. In 1737 he went to England to prosecute his design ; where, by his old creditors he was arrested and thrown into prison. Thomlinson found means to liberate him ; but perceived that he had neither steadiness nor ability for the station at which he aimed, nor interest enough to obtain it; though by his presence in England he served to keep up the opposition to Belcher, and was used as a tool for that purpose, till the object was accomplished. After which he was (1743) appointed, by the East India Company, governor of St. Helena. The trade of the province at this time consisted chiefly in the exportation of lumber and fish to Spain and Portugal, and the Caribbee Islands. The mast trade was wholly confined to Great Britain. In the winter small vessels went to the southern colonies, with English and West India goods, and returned with corn and pork. The manufacture of iron within the province, which had been set up by the late Lieut.-Governor Wentworth, and other gen- tlemen, lay under discouragement, for want of ex- perienced and industrious workmen. The woollen manufacture was diminished, and sheep were scarcer than formerly the common lands on which they used to feed, being fenced in by the proprietors. The manufacture of linen was much increased by means of the emigrants from Ireland, who were skilled in that business. No improvements were made in agriculture, and the newly granted townships were not cultivated with spirit or success. There had not been any settled episcopal church in the province from the beginning, till about the year 1732, when some gentlemen who were fond of the mode of divine worship in the church of Eng- land, contributed to the erection of a neat building on a commanding eminence, in Portsmouth, which they called the Queen's chapel. Mr. Thomlinson was greatly instrumental in procuring them assis- tance in England, toward completing and furnishing it. It was consecrated in 1734, and in 1736 they obtained Mi. Arthur Brown for their minister, with a salary from the society for propagating the gospel in foreign parts. About this time, the country was visited with a new epidemic disease, which obtained the name of the throat distemper. The general description of it was a swelled throat, with white or ash-coloured specks, an efflorescence on the skin, great debility of the whole system, and a strong tendency to putri- dity. Its first appearance was in May 1735, at Kingston in New Hampshire, an inland town, sit- uate on a low plain. The first person seized was a child, who died in three days. About a week after, in another family, at the distance of four miles, three children were successively attacked, who also died on the third day. It continued spreading gradually in that township, through the summer, and of the first forty who had it, none recovered. In August it began to make its appearance at Exeter, six miles north-eastward, and in September at Boston, fifty miles southward, though it was October before it reached Chester, the nearest settlement on the west of Kingston. It continued its ravages through the succeeding winter and spring, and did not disappear till the end of the next summer. In Boston it is calculated that 4,000 had the distemper, of whom 114 died. The most who died of this pestilence were children, and the distress which it occasioned was heightened to the most poignant degree. From three to six children were lost out of some families, several buried four in a day, and many lost all. In some towns one in three, and in others one in four, of the sick were carried off. In the parish of Hampton Falls it raged most violently. Twenty families buried all their children: twenty-seven persons were lost out of five families, and more than one-sixth part of the inhabitants of that place died within thirteen months. In the whole province not less than 1,000 persons, of whom above 900 were under twenty years of age, fell victims to this raging distemper. Since the settlement of this country such a mor- tality had not been known. It was observed that the distemper proved most fatal, when plentiful evacuations, particularly bleeding, were used ; a great prostration of strength being an invariable symptom. The summer of 1735, when the sickness began, was unusually wet and cold, and the easterly wind greatly prevailed: but it was acknowledged to be, not "a creature of the seasons," as it raged through every part of the year. Its extent is said to have been " from Pemaquid to Carolina:" but with what viru- lence it raged, or in what measure it proved fatal to the southward of New England, does not appear. The same distemper has made its appearance at various times since. In 1754 and 1755, it produced a great mortality in several parts of New Hamp- shire, and the neighbouring parts of Massachusetts. Since that time it has either put on a milder form, or physicians have become better acquainted with it. The last time of its general spreading was in 1784, 5, 6, and 7. It was then first seen at San- ford in the county of York, and thence diffused itself very slowly through most of the towns of New Eng- land; but its virulence, and the mortality which it caused, were comparatively inconsiderable. " Its remote or predisposing cause, is one of those mys- teries in nature which baffle human inquiry." The following enumeration shews the amount of UNITED STATES, 473 mortality for fourteen months, preceding the 26th of July, '1736: Died in Portsmouth 99, Dover 88, Hampton 55, Hampton Falls 210, Exeter 127, New- castle 11, Gosport 37, Rye 44, Greenland 18, New- ington 21, Newmarket 22, Stretham 18, Kingston 113, Durham 100, Chester 21 Total 984. After this account was taken, " several other children " died of the throat distemper ; in the town of Hampton thirteen more within the year 1736, so that the whole number must have exceeded 1,000. In the town of Kittery, in the county of York, 1.22 died. It appears also, from the church records of Hamp ton, that from January 1754 to July 1755, fifty-one persons died of the same distemper in that town. State of parties Controversy about lines Commis- sioners appointed- Their session and result Ap- peals Complaints. We have now come to that part of the History of New Hampshire, in which may be seen, operating in a smaller sphere, the same spirit of intrigue which has frequently influenced the conduct of princes, and determined the fate of nations. Whilst on the one hand, we see Massachusetts stiffly as- serting her chartered claims, and looking with con- tempt on the small province of New Hampshire, over which she had formerly exercised jurisdiction, we shall see, on the other hand, New Havnpshirc aiming at an equal rank, and contending with her for a large portion of territory ; not depending solely on argument, but seeking her refuge in the royal favour, and making interest with the servants of the crown. Had the controversy been decided by a court of law, the claims of Massachusetts would have had as much weight as those of an individual, in a case of private property ; but the question being concerning a line of jurisdiction, it was natural to expect a decision agreeable to the rules of policy and convenience; especially where the tribunal itself was a party concerned. It must be observed, that the party in New Hamp- shire, who were so earnestly engaged in the establish- ment of the boundary lines, had another object in view, to which this was subordinate. Their avowed intention was to finish a long controversy which had proved a source of inconvenience to the people who resided on the disputed lands, or those who sought an interest in them ; but their secret design was to displace Belcher, and obtain a governor who should have no connexion with Massachusetts. To accom- plish the principal, it was necessary that the subor- dinate object should be vigorously pursued. The government of New Hampshire, with its limited salary, was thought to be not worthy the attention of any gentleman ; but if the lines could be extended on both sides, there would be at once an increase of territory and a prospect of speculating in landed property ; and in future there would be an increase of cultivation, and consequently of ability to support a governor. The people were told that the lands would be granted to them ; and by this bait they were induced to favour the plan ; whilst the ministry in England were flattered with the idea of an increase of crown influence in the plantations. The leading men in Massachusetts were aware of the views of those in New Hampshire, and deter- mined to guard against them. They presumed, that a line of jurisdiction would not affect property; and therefore endeavoured to secure the lands to them- selves, by possession and improvement, as far as it was practicable. The same idea prevailed among the governor's friends in New Hampshire. They perceived, that a tract of wilderness on the north eastern side of Merrimack river, and the ponds which flow into it, must doubtless fall into New Hampshire. For these lands they petitioned the governor, and a charter was prepared, in which this whole tract, called King's Wood, was granted to them. It contained all the lands not before granted between the bounds of New Hampshire on the south- west and north-east; which, according to the ideas of those concerned, would have been sufficient for about four large townships. Governor Belcher had a difficult part to act. He was at the head of two rival provinces ; he had friends in both, who were seeking their own as well as the public interest : he had enemies in both, who were watching him, eager to lay hold of the most trivial mista-ke, and magnify it to his disadvantage. His own interest was to preserve his commission, and counteract the machinations of his enemies ; but as the settlement of the line, and the removing of him from his office, were carried on at the same time, and by the same persons, it was difficult for him to oppose the latter, without seeming to oppose the former. Besides, Mr. Wilks, the agent of Mas- sachusetts, was well known to be his friend ; and when it was found necessary to increase the number, one of them was his brother, Mr. Partridge.' On the - other hand, Mr. Rindge and Mr. Thomlinson were his avowed enemies. There was also a difference in the mode of appointing these agents. Those of Mas- sachusetts were constituted by the council and repre- sentatives, with the governor's consent. Those of New Hampshire were chosen by the representatives only, the council nonconcurring in the choice ; which, of course, could not be sanctioned by the governor's signature, nor by the seal of the province. (1732.) When the petition which Rindge presented to the king, had been referred to the board of trade, and a copy of it given to Wilks, to be sent to his constituents, it became necessary that they should instruct him. Their instructions were designedly expressed in such ambiguous terms, that he was left to guess their meaning, and afterwards blamed for not observing their directions. His embarrassment on this occasion, expressed in his petition and counter-petition, to the board of trade, protracted the business, and gave it a complexion unfavourable to his constituents, but extremely favourable to -the design of New Hampshire. (1733.) To bring forward the controversy, Parris, the solicitor for the agents of New Hampshire, moved a question, 'From what part of Merrimack river the line should begin ?' The board of trade referred this question to the attorney and solicitor general, who appointed a day to hear counsel on both sides. The counsel for New Hampshire insisted that the line ought to begin three miles north of the mouth of the Merrimack. The counsel for Massa- chusetts declared, that in their opinion, the solution of this question would not determine the controversy, and therefore declined saying any thing upon it. (1734.) The attorney and solicitor reported, that " whether this were so or not, they could not judge; but as the question had been referred to them, they were of opinion, that according to the charter of William and Mary, the dividing line ought to be taken from three miles north of the mouth of Mer- rimack, where it runs into the sea." Copies of this opinion were given to each party ; and (1735) the lords of trade reported, that the king should appoint commissioners, from the neighbouring provinces, to 474 THE HISTORY OF AMERICA. mark out the dividing line. This report was ap- proved by the lords of council. Much time was spent in references, messages, and petitions, concerning the adjustment of various mat- ters; and at length (1737) the principal heads of the commission were determined. The first was, that the commissioners should be appointed from among the counsellors of New York, New Jersey, Rhode Island, and Nova Scotia. These were all royal governments except Rhode Island ; and with that colony, as well as New York, Massachusetts had a controversy respecting boundaries. Connec- ticut, though proposed, was designedly omitted, because it was imagined that they would be partial to Massachusetts, from the similarity of their habits and interests. The other points were, that twenty commissioners should be nominated, of whom five were to be a quorum; that they should meet at Hampton, in New Hampshire, on the 1st of August, 1737; that each province should send to the com- missioners, at their first meeting, the names of two public officers, on whom any notice, summons, or final judgment might be served ; and at the same time should exhibit, in writing, a plain and full state- ment of their respective claims, copies of which should be mutually exchanged ; and that if either province should neglect to send in the names of their officers, or the full statement of their demands, at the time ap- pointed, then the commissioners should proceed ex parle. That when the commissioners should have made and signed their final determination, they should send copies to the public officers of each province; and then should adjourn for six weeks, that either party might enter their appeal. These points being determined, the board of trade wrote letters to Belcher, enclosing the heads of the proposed commission, and directing him to recom- mend to the assemblies of each province to choose their public officers and prepare their demands by the time when the commissioners were to meet. These were accompanied with letters to the go- vernors of the several provinces from which the commissioners were elected, informing them of their appointment. The letters were delivered to Parris, and by him to Thomlinson, to be sent by the first ship to America. Those to Massachusetts and New Hampshire were directed, the one to Mr. Belcher, by name, as governor of Massachusetts ; the other to the commander in chief, resident in New Hamp- shire ; and it was required that the delivery of the letters should be certified by affidavit. The design of this singular injunction was, that Dunbar, if pre- sent, should receive the letter, and call the assembly of New Hampshire immediately ; and that if Belcher should forbid or hinder it, the blame of the neglect should fall on him. At the same time, another let- ter respecting a petition of a borderer on the line, and containing a reprimand to Belcher, was sent in the same manner, to be delivered by Dunbar into Belcher's hands. These intended affronts both failed of their effect; Dunbar having, before the arrival of the letters, taken his passage to England. The anxiety of Thomlinson to have the earliest notice possible of the intended commission sent to New Hampshire, led him not only to forward the public letters, but to send copies of all the transac- tions to his friends there. In a letter to Wiggin and Rindge (the committee who corresponded with him) he advised them to make the necessary pre- parations as soon as possible, to act in conformity to the commission and instructions ; and even went ao far as to nominate the persons whom they should appoint to manage their cause before the commissioners. These papers were communicated to the assembly at their session in March ; and at the same time the governor laid before them a copy of the report of the board of trade, in favour of a commission which had been made in the preceding December. In consequence of which the assembly appointed a committee of eight, namely, Shadrack Walton, George Jaffrey, Jotham Odiorne, Theodore Atkin- son, who were members of the council ; and Andrew Wiggin, John Rindge, Thomas Packer, and James Jaffrey, who were members of the house. They were empowered " to prepare witnesses, pleas and allegations, papers and records, to be laid before the commissioners ; to provide for their reception and entertainment, and to draw upon the treasurer for such supplies of money as might be needful." This appointment was made by the united voice of the council and representatives, and consented to by the governor ; and though it was made three weeks before the reception of the letters from the lords of trade, directing the appointing of public officers and preparing a statement of claims ; yet it was under- stood to be a full compliance with the orders and expectations of the government in England t The same day on which this order passed, the go- vernor prorogued the assembly to the 6th of July; and on the 20th of June he prorogued it again to the 4th of August. The letters respecting the commission were deli- vered to Mr. Belcher on the 22nd of April, and he acknowledged the receipt of them, in a letter to the board of trade on the 10th of May. The commis- sion itself was issued on the 9th of April, and sent to Mr. Rindge, who kept it till the meeting of the commissioners, and then delivered it to them. The expense of it, amounting to 1352. sterling, was paid by the agents of New Hampshire. At the spring session of the general court in Mas- sachusetts, the governor laid before them the letter from the lords of trade, enclosing an order from the privy council, and recommended to them to stop all processes in law respecting any disputes of the borderers till the boundaries should be determined. During the same session, he reminded them of the order, and desired them to consider it ; telling them that he had no advice of the appointment of com- missioners. His meaning was, that the commission itself, in which they were named, bad not been sent to him; nor was he actually informed that it was in America till after he had prorogued the assemblies of both provinces to the 4th of August. In obedi- ence to the royal order, the assembly of Massachu- setts appointed Josiah Willard, secretary, and Ed- ward Winslow, sheriff of Suffolk, to be the two public officers; on whom, or at whose places of abode, any notice, summons, or other process of the commissioners, might be served. On the day appointed, eight of the commissioners, namely, William Skene Prest, Erasmus James Phillips, Otho Hamilton, from Nova Scotia; and Samuel Vernon, John Gardner, John Potter, Eze- kiel Warner, and George Cornel, from Rhode-island ; met at Hampton. They published their commis- sion, opened their court, chose William Parker their clerk, and George Mitchel, surveyor. Ou the same day, the committee of eight, who had been appointed by the assembly of New Hampshire, in April, appeared, and delivered a paper to the court, reciting the order of the king for the appointment of two public officers, alleging that the assembly UNITED STATES. 475 had not been convened since the arrival of that order; but, that there should be no failure for want of such officers, they appointed Richard Waldron secretary, and Eleazer Russell sheriff. They also delivered the claim and demand of New Hampshire, in the following words : " That the southern bound- ary of said province should begin at the end of three miles north from the middle of the channel of Merrimack river, where it runs into the Atlantic Ocean ; and from thence should run, on a straight line, west, up into the main land (toward the south sea) until it meets his majesty's other governments. And that the northern boundary of New Hampshire should begin at the entrance of Piscataqua harbour, and so pass up the same into the river of Newich- wannock, and through the same into the farthest head thereof, and from thence northwestward (that is, north, less than a quarter of a point westwardly), as far as the British dominion extends ; and also the western half of the Isles of Shoals, we say lies within the province of New Hampshire." The same day, Thomas Berry and Benjamin Lynde, counsellors of Massachusetts, appeared and delivered the vote of their assembly, appointing two public officers, with a letter from the secretary, by order of the governor, purporting that, " at the last rising of the assembly there was no account that any commission had arrived ; that the assembly stood prorogued to the 4th of August ; that a com- mittee had been appointed to draw up a state of their demands, which would be reported at the next session, and therefore praying that this short delay might not operate to their disadvantage." Upon this, the committee of New Hampshire drew up and presented another paper, charging the government of Massachusetts with " great backwardness, and aversion to any measures, which had a tendency to the settlement of this long subsisting controversy ; and also charging their agent, in England, with having used all imaginable artifices, to delay the issue ; for which reason, the agent of New Hamp- shire had petitioned the king to give directions that each party might be fully prepared to give in a state of their demands, at the first meeting of the com- missioners ; which direction they had faithfully observed, to the utmost of their power; and as the assembly of Massachusetts had made no seasonable preparation, they did, in behalf of New Hampshire, except and protest against any claim or evidence being received from them, and pray the court to proceed ex parie agreeably to the commission." It was alleged in favour of Massachusetts, that, by the first meeting of the commisioners could not be meant the first day, but the first session. The court understood the word in this sense, and resolved that Massachusetts should be allowed time, till the eighth of August, and nc longer, to bring in their claims ; nd that if they should fail, the court would proceed exparte. The court then adjourned to the eighth day. The assembly of New Hampshire met on the fourth ; and the secretary, by the governor's order, prorogued them to the tenth, then to meet at Hampton Falls. On the same day, the assembly of Massachusetts met at Boston, and received the report of the committee, which had drawn up their claim, and dispatched expresses to New York and New Jersey, to expedite the other commissioners. The assembly then appointed nother commit- tee to support their claims, consisting of Edmund Quincy, William Dudley, Samuel Welles, Thomas Berry," and Benjamin Lynde, of the council ; and Elisha Cooke, Thomas Gushing, Job Almy, Henry Rolfe, and Nathaniel Peaslce, of the house. Cooke died while the commissioners were sitting; in con- sequence of which, and of the absence of another member, they on the 13th appointed John Read and Robert Auchmuty. The governor adjourned the assembly to the 10th, then to meet at Salisbury. Thus the assemblies of both provinces were drawn within five miles of each other ; and the governor de- clared, in his speech, that he would " act as a com- mon father to both." The claim of Massachusetts being prepared, was delivered to the court on the day appointed. After reciting their grant and charters and the judicial determination in 1677, they asserted their " claim and demand, still to hold and possess, by a boundary line on the southerly side of New Hampshire, be- ginning at the sea, three English miles north from the Black Rocks, so called, at the mouth of the river Merrimack, as it emptied itself into the sea sixty years ago ; thence running parallel with the river, as far northward as the crotch or parting of the river; thence due north, as far as a certain tree, commonly known for more than seventy years past by the name of Endicot's tree ; standing three miles northward of said crotch or parting of Merri- mack river, and thence due west to the South Sea, which (they said) they were able to prove, by ancient and incontestible evidence, were the bounds intended, granted, and adjudged to them; and they insisted on the grant and settlement as above said, to be conclusive and irrefragable. " On the northerly side of New Hampshire, they claimed a boundary line, beginning at the entrance of Piscataqua harbour, passing up the same to the river Newichwanock, through that to the farthest head thereof, and from thence a due north west line till 120 miles from the mouth of Piscataqaa harbour be finished." The court ordered copies of the claims of each province, to be drawn and exchanged; and having appointed Benjamin Rolfe of Boston, an additional clerk, they adjourned to the tenth day of the month. On that day both assemblies met at the appointed places. A cavalcade was formed from Boston to Salisbury, and the governor rode in state, attended by a troop of horse. He was met at Newbury-ferry by another troop, who, joined by three more at the supposed divisional line, conducted him to the George tavern, at Hampton Falls, where he held a council, and made a speech to the assembly of New Hampshire. Whilst both assemblies were in ses- sion, the go vernor, with a select company, made an excursion of three days to the Falls of Amuskeag, an account of which was published in the papers, and concluded in the following manner : " His Excel- lency was much pleased with the fine soil of Chester, the extraordinary improvements at Derry, and the mighty falls at Skeag." In the speech which the governor made to the assembly of New Hampshire, he recommended to them to appoint two officers, agreeably to his ma- jesty's commision. The assembly appeared to be much surprised at this speech, and in their answer said " that the committee before appointed had al- ready given in the names of two officers, which they approved of; for, had it not been done, at the first meeting of the commissioners they might have pro- ceededed ex pane." Considering the temper and views of Mr. Bel- cher's opponents, this was rather unfortunate for him so soon after his profession of being " a com- mon father to both provinces." For if the commit- 476 THE HIS10RY OF AMERICA. tee had a right to nominate the two officers, then his recommendation was needless; if they had not, it might justly be asked, why did he not call the assembly together on the 6th of July, to which day they had been prorogued ? The excuse was, that he did it to avoid any objection which might be made to the regularity of their appointment; and to give them an opportunity to ratify and confirm it. The truth was, that Mr. Belcher highly resented the conduct of the committee of New Hampshire, who concealed the commission, and never commu- nicated it to him in form. Had he been aware of the use which his enemies might make of his rigid adherence to forms, when he could not but know the contents of the commission, and the time when it must be executed, prudence might have dictated a more flexible conduct. They did not fail to make the utmost advantage of his mistakes, to serve the main cause which they had in view. The expresses which were sent by Massachusetts, to call the other commissioners, had no other effect than to add to the number Philip Livingstone, from New York; who, being senior in nomination, pre- sided in the court. To prevent the delay which would unavoidably attend the taking of plans from actual surveys, the commissioners recommended to both assemblies to agree upon a plan by which the pretensions of each province should be understood ; but as this could not be done, a plan drawn by Mitchel was accepted, and when their result was made this plaa was an- nexed to it. They then proceeded to hear the answers, which each party made to the demands of the other, and to examine witnesses on both sides. Neither party was willing to admit the evidence produced by the other, and mutual exceptions and protests were entered. The points in debate were, whether Merrimack river at that time emptied itself into the sea, at the same place where it did sixty years before ? Whether it bore the same name from the sea up to the crotch ; and whether it were possible to draw a parallel line, three miles northward, of every part of a river, the course of which was, in some places, from north to south ? With respect to the boundary line, between New Hampshire and Maine; the controverted points were, whether it should run up the middle of the river, or on its north-eastern shore ; and whether the line, from the head of the river, should be due north-west, or only a few degrees westward of north. The grand point on which the whole controversy respecting the southern line turned, was, whether the charter of William and Mary, granted to Mas- sachusetts, all the lands which were granted by the charter of Charles the First ? On this question, the commissioners did not come to any conclusion. Reasons of policy might have some weight, to render them indecisive; but, whether it were really so or not, they made and pronounced their result in the following words. In " pursuance of his majesty's commission, the court took under consideration, the evidences, pleas, and allegations offered and made by each party ; and, upon mature advisement on the whole, a doubt arose in point of law; and the court thereupon came to the following resolution. That if the charter of King William and Queen Mary grants to the province of Massachusetts bay all the lands granted by the charter of King Charles the First, lying to the northward of Merrimack river; then the court adjudge and determine, that a line shall run, parallel with the *said river, at the distance of three English miles, north from the mouth of the said river, beginning at the southerly side of the black rocks, so called, at low water mark, and from thence to run to the crotch, where the rivers of Pemigewasset and Winnipiseogee meet; and from thence due north three miles, and from thence due west, toward the south sea, until it meets with his majesty's other governments ; which shall be the boundary or dividing line, between the said provinces of Massachusetts and New Hampshire, on that side. But, if otherwise, then the Court adjudge and determine, that a line on the southerly side of New Hampshire, beginning at the distance of three miles north, from the southerly side of the Black Rocks aforesaid, at low water mark, and from thence running due west, up into the main land, toward the south sea, until it meets with his majesty's other governments, shall be the boundary line between the said provinces, on the side aforesaid: which point in doubt the court humbly submit to the wise con- sideration of his most sacred majesty, in his privy council; to be determined according to his royal will and pleasure. " As to the northern boundary, between the said provinces, the court resolve and determine ; that the dividing line shall pass through the mouth of Piscataqua harbour, and up the middle of the river of Newichwanock, (part of which is now called Salmon Falls) and through the middle of the same, to the farthest head thereof, and from thence north, two degrees westerly, until 120 miles be finished, from the mouth of Piscataqua harbour aforesaid; or until it meets with his majesty's other governments; and that the dividing line shall part the Isles of Shoals, and run through the middle of the harbour, between the islands, to the sea, on the southerly side; and that the south-westerly part of said islands shall lie in, and be accounted part of, the province of New Hampshire; and that the north-easterly part thereof shall He in, and be accounted part of, the province of Massachusetts bay; and be held and enjoyed by the said provinces respectively, in the same manner as they now do, and have heretofore held and enjoyed the same. " And the court do further adjudge that the cost and charge arising by taking out the commission, and also of the commissioners and their officers, viz. the two clerks, surveyor, and waiter, for their travel- ling expenses, and attendance in the execution of the same, be equally borne by the said provinces." Thus this long depending question, after all the time, expense, and argument which it had occasi- oned, remained undecided. When this evasive decree was published the commissioners adjourned to the 14th of October, to receive appeals ; and the same day, the governor, at the request of the council only, adjourned the assembly of New Hampshire to the 12th of October. By this sudden adjournment it was impossible for thorn to obtain a copy of the decree before their dispersion, or to frame an appeal till two days before the time when it must have been presented. The assembly of Massachusetts continued their session at Salisbury five days longer. On the 5th of Septem- ber they obtained copies of the royal commission, and the decree of the commissioners, which they entered on their journal. On the 6th they agreed upon an appeal ; and on the 7th. at the united re- quest of both houses, the governor adjourned them to the 12th of October. The sudden adjournment of the assembly of New Hampshire, when that of Massachusetts continued their session, was unfortunate for governor Belcher ; UNITED STATES. 477 and gave his opponents another advantage to pursue their grand design against him. The reasons as- signed for it were, that the report of the commis- sioners being special, the whole matter would oi course come before the king, without any appeal from either province. For this reason a majority of the council were against an appeal. That as the com mittee appointed in April had the same power to act in the recess as in the session of the assembly ; and as the council were against appealing, so the appeal could not be made by the whole assembly ; and therefore the governor thought that the best service which he could do to the province, was to adjourn the assembly, and leave the whole business in the hands of the committee. With respect to the short time between the 12th and 14th ot October, it was observed, that the claim of New Hampshire was contained in a few lines, and their exceptions to the judgment of the commissioners might be prepared in a quarter of an hour. Both assemblies met again, in the same places, at the appointed time. The representatives of New Hampshire having, by the help of their committee, in the recess of the assembly, obtained the papers, framed their exceptions, and sent a message to know if the council were sitting ; but the council being determined against an appeal, had met and ad- journed, without doing any business. The house therefore was reduced to the necessity of desiring the commissioners to receive their appeal, without the concurrence of the governor and council. The appeal from the assembly of Massachusetts was pre- sented in due form, authenticated by the speaker, secretary, and governor. Their committee entered a protest against the appeal of New Hampshire, be- cause it was not an act of the whole legislature; nevertheless, the commissioners received it, and entered it on their minutes. Having received these appeals, the commissioners adjourned their court to the 1st of August in the next year, but they never met again. The assembly of Massachusetts appointed Edmund Quincy and Richard Partridge, agents, to join with Francis Wilks, their former agent, in the prosecu- tion of their appeal before the king; and raised the sum of two thousand pounds sterling, to defray the expense. When the representatives of New Hampshire proposed the raising of money, to prosecute their appeal, the council nonconcured the vote. Their reasons were, that the appeal was not an act of the council ; that they had no voice in the appointment of the agent ; and, that at the beginning of the affair, the house had declared to the council, that the expense of it would be defrayed by private sub- scription At this session of the Massachusetts assembly Mr. Belcher put them in mind that he had suffered in his interest by the continually sinking value of their bills of credit, in which his salary was paid ; a point which he had often before urged them to consider. In answer to this message, they mado him a grant of 333/. 6s. 8d. in bills of the new tenor. The same day they made a grant of the like sum to the presi- dent of Harvard College. Buth of these sums appear to have been justly due : and at any other time no exception could have been made to either. But, because the grant to the governor happened to be made at the same time with the grant of 2000Z. ster- ling to the agents, his opponents pretended that he received it as a bribe from the assembly of Massa- chusetts, for favouring their cause. The appeal of New Hampshire from the judgment of the commissioners was founded on the following reasons. With respect to the southerly line ; be- cause it made the Black Rocks, lying in a bay of Merrimack river, the point from which the three miles were to be measured ; which point was three quarters of a mile north of the river's mouth ; and because a line parallel with the river was not only impracticable, but founded on the old charter, which had been vacated ; and, if practicable, yet ought not to go farther than the river held a westerly course. With respect- to the northern boundary, they objected to that part of the judgment only which directed the line to run up the middle of the river; alleging that the grant to Gorges was only of land, between that river and Kennebec; and that New Hampshire had always been in possession of the whole river, and had maintained a fortress which commanded its entrance. The appeal of Massachusetts was grounded on the following reasons. That by the charter of William and Mary, the old colony of Massachusetts was re-incorporated without any exception ; that this charter empowered the governor and general assem- bly to grant all lands, comprehended in the old colony; that the committee of New Hampshire acknowledged that New Hampshire lay without the late colony of Massachusetts; by declaring that it was between that and the province of Maine; that the west line, claimed by New Hampshire, would cross Merrimack river, thirty miles from its mouth, and exclude forty miles of the said river out of Mas- sachusetts, though declared by both charters to be in it. They objected to extending the line of New Hampshire till it should meet with his majesty's other governments ; because according to Mason's grant, New Hampshire could extend no farther than sixty miles from the sea. With respect to the northern boundary, they objected to a line north, two degrees westwardly, alleging that it ought to be on the northwest point ; they also excepted to the protraction of this line, till it should meet with his majesty's other governments ; alleging that it ought to extend no farther than one hundred and twenty miles, the fixed limits of the province of Maine. It was unfortunate for Massachusetts that their committee had brought Mason's grant in evidence to the commissioners, and again recited it in their appeal ; for a line of sixty miles from the sea would cross Merrimack river long before the similar curve line, for which they contended could be completed : besides, Mason's grant extended to Naumkeag, which was much further southward than they would have been willing to admit. It may seem curious and unaccountable to most readers, that tha commissioners should determine the northern, or rather eastern bounds of the northern >art of New Hampshire, to be a line drawn north, wo degrees westerly, from the head of Salmon-fall river, when the express words of Gorges' patent are " north-westward." The agents for Massachusetts, when this claim was put in by New Hampshire, could hardly think it was seriously meant, when it was alleged that by northwestward must be under- stood, north a little westward. The only ostensible reason given for this construction was, that if a north- west line had been intended, then a southeast line, drawn from the mouth of the harbour, would leave all the Isles of Shoals in New Hampshire ; whereas, the dividing line runs between them. On the other side, it might have been said, with equal propriety, that a line drawn south, two degrees east, from the 478 THE HISTORY OF AMERICA, mouth of the harbour, would leave all these islands in Massachusetts. For the point where the islands are divided bears south, twenty -nine degrees east from the middle of the harbour's mouth; the varia- tion of the needle being six degrees west. When this affair was again agitated in England, the agents of Massachusetts obtained a certificate from the learned Dr. Halley, that a line northwest- ward ought to run forty-five degrees westward of the north point. This was demonstratively true, but there were political reasons for dissenting from mathematical demonstration. One of them is thus expressed, in a private letter from a committee of the assembly, to their agent Thomlinson. " We hope that the northern line will be but a few degrees to the westward of north, that his majesty's province may include the greatest number, ana best mast trees for the royal navy." Though this thought might never have occurred to a mathematician, yet some of the commissioners were doubtless acquainted with it; and it was too important not to have been communicated to the king's ministers. Another political reason of dissent was, that by enlarging New Hampshire, there would be a better prospect of obtaining a distinct governor, which was the grand object in view. (1738.) The new agent of Massachusetts, Edmund Quincy, died of the small pox, soon after his arrival in London. The affair was then left in the hands of Wilks and Partridge, neither of whom under- stood so much of the controversy as Thomlinson, who was also far superior to them in address. In his letters to his friends in New Hampshire, he fre- quently blames them for their negligence in not sending to him the necessary papers in proper sea- son ; and when sent, for the want of correctness and regularity in them : but their deficiency was abund- antly compensated by the dexterity of his solicitor Parris, who drew up a long " petition of appeal/' in which all the circumstances attending the whole transaction from the beginning were recited and coloured in such a manner as to asperse the gover- nor and assembly of " the vast, opulent, overgrown province of Massachusetts;" while "the poor, little, loyal, distressed province of New Hampshire," was represented as ready to be devoured, and the king's own property and possessions swallowed up, by the boundless rapacity of the charter government. Con- cerning the manner in which this masterly philippic was framed, and the principal object at which it was directed, there can be no better evidence, than that which is contained in a letter, written by Parris to Thomlinson, and by him sent to New Hampshire. "Two nights ago, I received a heap of papers from you about the lines; and have been four times to the colony office and board of trade, to discover what I could in this imperfect affair, but cannot see the case till after Tuesday next; notwithstanding which, I have as well as I can, without proper ma- terials, drawn up a long petition of appeal to his majesty; and as the Massachusetts have not yet presented theirs, I send you the draught of it, and hope we shall have our appeal, as well as the peti- tion, from the New Hampshire assembly, in, before the Massachusetts get theirs in. Had your princi- pals considered the great consequence of being first, surely in all this time they would have sent you a copy of their proceedings, in order to have enabled us to be first; but, as it is, I am forced to guess at matters, and affirm facts at adventure, or upon du- bious passages in letters, which is a sad way of pro- ceeding, and I wish we do not mistake some facts. They oblige us to make brick without straw. Above all, why did they not send a copy of their own appeal? For want of it, I have been forced to guess what that appeal was, from loose passages in Mr. A's letters. Beg them immediately to order an exact copy to be made of all their votes, from March to October last. Had these votes come over regularly and authenti- cally, his Excellency would have been shaken quite down in a few weeks by them. You'll observe, I have laid it on him pretty handsomely, in my peti- tion to the king." Thus the petition of appeal became a petition of complaint against the governor and assembly of Massachusetts : copies were delivered to their agents, and the governor was ordered to make answer to the allegations against him ; at the game time Thomlin- sou advised his friends in New Hampshire, to pre- pare their proofs as silently as possible ; and by no means to give any offence to the governor; assuring them of the favourable disposition of several lords of the privy council, as well as the board of trade, toward their cause; and that they had need to be in no pain, about the event. The death of Mr. Quincy at this critical period, and the length of time necessary to prepare and send over answers to the complaint which Parris had thus artfully drawn up, obliged the agents of Mas- sachusetts to suspend the presenting of their appeal for several months. Revival of Mason's claim Accusations againstBelcher, real andforyed Royal censure Final establish- ment of the lines Hutchinson's agency Spanish war Belcher's zeal and fidelity His removal' Examination of his character. The spirit of intrigue was not confined to New Hampshire ; for the politicians of Massachusetts, by bringing into view the long dormant claim of Mason, had another game to play, besides proving the small extent of New Hampshire. They perceived that the line, whether settled according to their own demand or that of New Hampshire, would cut off a consider- able part of several of their townships ; and though they had, by their agent, obtained a promise, that private property should not be affected by the line of jurisdiction, yet they thought it best to have some other security. For what reason the government of Massachusetts did not purchase the province of New Hampshire from Robert Mason, at the same time (1677) that they purchased the province of Maine, from the heirs of Gorges, we are not now able precisely to deter- mine. It is probable that the purchase might then have been easily made, and much controversy pre- vented. When it was sold, by John and Robert Mason, to Samuel Allen, (1691) the bargain was made in England ; and the lands were, by fiction of law, supposed to be there ; by which means, the process respecting the fine and recovery was carried on in the court of King's Bench. During the lives of the two Masons, no notice was taken of the sup- posed flaw ; and the sale to Allen was not disputed. The brothers returned to America. John the elder, died without issue. Robert married in New England and had a son ; who, after the death of his father, conceived hopes of invalidating Allen's purchase, and regaining his paternal inheritance, which it was supposed could not have been transferred by his fa- ther and uncle, for any longer term, than their own lives. It was also said that the fiction, by which the lands were described, to be within the jurisdiction of the courts of Westminster Hall, rendered the UNITED STATES. 479 proceedings void ; aud therefore that the entail was still good. Filled with these ideas, he made stre- nuous exertions, to acquire money, to assist him in realizing his expectations; but died in 1718, at the Havanna, whither he had made a voyage with this view. His eldest son, John Tufton, was bred to a mechanical employment in Boston; and came of age about the time in which the controversy be- tween the two provinces was in agitation. He in- herited the enterprising spirit of his ancestors, and the public controversy called his attention to his interest. On this young man (1738) the politicians cast their eyes ; and having consulted counsel on the validity of his claim, and the defect of the trans- fer, they encouraged him to hope, that this was the most favourable time to assert his pretensions. Had they purchased his claim at once, they might doubt- less have obtained it for a trifle, and have greatly embarrassed the views of their antagonists. Instead of such a stroke of liberal policy, they treated with him, concerning the release of all those lands, in Salisbury, Amesbury, Haverhill, Methuen and Dra- cut, which the line would cut off; and, for 500/. currency, obtained a quit-claim of 23,675 acres. They also admitted his memorial to the assembly ; in which he represented to them, that his interest might probably be affected, by the final determina- tion of the line, and praying that the province woulc be at the expense of his voyage to England, to take proper measures for securing it. To this they con- sented, on condition that he should prove his descen from Capt. John Mason, the original patentee Depositions were accordingly taken in both provin- ces, to which the public seals were affixed ; and they put him under the direction of their agents, ordering his expenses to be paid, as long as they should judge his presence in England serviceable tc their views. The agents stated his case to their counsel, th king's solicitor, and asked his opinion how the) should proceed ; but he advised them not to bring him into view, lest the lords should think it an ar tifice, intended to perplex the main cause. On thii consideration, they dismissed him from any farthe: attendance ; and paid his expenses, amounting t< above 901. sterling. Such a transaction, though conducted as privatelj as the nature of the thing would admit, did not es cape the vigilance of Thomlinson ; who, on finding Mason detached from the agents of Massachusetts entered into an agreement with him, for the release of his whole interest, to the assembly of New Hamp shire ; in consideration of the payment of lOOOJ. currency of New England. This manoeuvre serve< to strengthen the interest of New Hampshire, anc Thomlinson was much applauded for his dexterity He had the strongest inducement to continue hi efforts in their favour; for no less than 1,200/. ster ling had been already expended, in prosecuting the affair of the line ; which sum had been advanced b 1 himself and Rindge. There was no prospect of re payment, unless the province could be put under < separate governor ; and this point could not be ob tained, till the removal of Belcher. The agents of Massachusetts, after a long delay presented their appeal; and followed it with a peti tion, for the benefit of their former protests, agains the New Hampshire appeal; objecting also to it regularity, as it contained matters of personal com plaint against the governor ; which had been no par of the records of the commissioners. Thomlinson finding this new petition thrown in his way, appliec for its being immediately heard ; aud, at the hear ng, it was dismissed, but without prejudice to the gents of Massachusetts being permitted to object gainst the regularity of the New Hampshire appeal, yhen it should come to a hearing. Such were the omplaints against the governor, and the importu- lity of his adversaries to prosecute them, that it was necessary to hear and dispatch them, before the ippeal respecting the lines could be brought forward. It must be remembered, that Mr. Belcher had enemies, in his government of Massachusetts as well is New Hampshire, who united their efforts to ob- tain his removal from both ; but, as they supposed lim more vulnerable in his capacity of governor of New Hampshire, so they joined in strengthening the complaints from that quarter, as a preparatory step, to effect his complete removal. Whilst he was engaged in preparing his defence against the charges, in the petition of appeal, other attacks were medi- tating, which were conducted with such silence, that it was impossible for him to guard against their effects. (1739.) One of these was a letter, pur- porting to have been written at Exeter, subscribed by five persons, said to be inhabitants of that town, and directed to Sir Charles Wager, first lord of the Admiralty. In this letter it was said, that " find- ing his lordship had ordered the Judge Advocate of the Court of Admiralty to inquire into the riot, which had been committed there, (1734), and the assault of the surveyor and his officers ; and fearing to be brought into trouble on that account, they would confess the whole truth. That they had been indulged by former surveyors, in cutting all sorts of pine trees, till the appointment of Colonel Dunbar to that office; who had restrained and prosecuted them ; but that governor Belcher had privately given them encouragement to go on ; by assuring them that they had the best right to the trees ; that the laws were iniquitous, and ought not to be regarded; that although he must make a shew of assisting that Irish dog of a surveyor; yet he would so manage it with the council and justices, who were under his influence, that they should not suffer ; and further to encourage them, he had made several of them justices of the peace, and officers of militia. That he had also told them not to fear any inquiry into their conduct ; for that he would write to the board of admiralty in their favour ; and boasted, that he had such an influence ovei their lordships, that they would believe every thing which he should say. That as they had now confessed the truth, they hoped to be forgiven, and not prosecuted in the admiralty court; and begged that this information might be kept secret till the governor's removal, which they hoped would soon be effected. That whatever might have been said to the contrary, they could assure him that the province of New Hampshire contained the largest number of pine trees, and of the best quality, in all his majesty's American dominions ; and, for further information, they referred his lord- ship to several persons then in London, particularly Mr. Wentworth and Mr. Waldo; the latter of whom was agent to Mr. Gulston, for procuring masts for the royal navy." On the receipt of this letter, Sir Charles, with the candour of a gentleman, sent a copy of it to Mr. Belcher ; who immediately ordered an inquiry ; and it was proved to be an entire forgery ; four of the persons whose names were subscribed utterly dis- claimed it, and the fifth was not to be found ; no such person being known in the town of Exeter. The evidence of this forgery was transmitted to England with all possible expedition ; but not till it 480 THE HISTORY OF AMERICA. had made an impression to the disadvantage of the governor. Another artifice used against him was a memorial of Gulston, the navy agent, and others, complaining of the defenceless state of the province ; that the fort lay in ruins, and that the militia were without discipline, notwithstanding the probability of a war. This memorial was so artfully drawn as to throw the blame of the neglect on the governor, without mentioning 1 is name ; which was intended to pre- vent his obte ning a copy, and being allowed time to answer. Another complaint was made, in the form of a letter, respecting the grant of the tract called Ki'^gswood ; in which he was represented as partial to his friends, in giving them an exclusive right to the whole of that territory, which they deemed the unappropriated lands of the province. Several parts of his administration were also com- pK/ned of. and in particular the infrequency of his v sits to New Hampshire. This letter was signed y six members of the council and a majority of the .-presentatives. Gulston's memorial was presented to the lords of council, and by them referred to the board of trade, accompanied by the letter; and though Mr. Belcher's brother and son applied for copies and time to an- swer, the request was evaded, and a report was framed in favour of putting New Hampshire under a separate governor. When this report came before the privy council, Lord Wilmington, the president, ordered it back again, that the governor might have that justice which his agents had asked. By this means he had an opportunity to answer in his defence, that without money the fort could not be repaired that it was not in his power to tax the people that he had frequently applied to the assemblies for money to repair the fort, to which they had con- stantly answered, that the people were too poor to be taxed, and had solicited him to break through his instructions, and allow them to issue paper money, without any fund for its redemption that the mili tia had always been trained according to law anc that he had constantly visited New Hampshire, anc held an assembly, twice in the year, unless preventec by sickness, for which he appealed to the journals To corroborate these pleas, the governor's friends procured five petitions in his favour and praying fo his continuance, signed by about 500 people. The petitions, however, did not express the sense of the majority, who had been persuaded into a belief tba they should receive much benefit by a separate go vernor, and accordingly a counter petition being circulated, was signed by about seven hundred of th inhabitants. Things being thus prepared, the complaints wer brought to a hearing before the'lords of council, wh reported to the king, " that governor Belcher hai acted with great partiality by proroguing the assem bly of New Hampshire from the 6th of July, 1737 to the 4th of August following, in disobedience t his majesty's order in council, which had bee; transmitted to him by the lords of trade, and whic! was proved to have been delivered to him in du time ; and also by farther proroguing the said as sembly from the 2nd of September, 1737, to the 13tl of October ; whereby the province were deprived c the time intended by his majesty's said order to b allowed them to make a proper and regular appeal thereby endeavouring to frustrate the intention o his majesty's commission." This report was a proved by the king ; and from this time it may ' concluded that ng; Mr. Belcher's removal from th overnment of New Hampshire was seriously con- smplated. The grant of Kingswood was also, nnulled, and he was prohibited from making ny other grants of land till the lines should be etermined. (1740.) This censure being passed on the go- ernor, and the complaints being at an end, the way as prepared for a hearing of the appeals from both rovinces respecting the lines. Which being had, determination of this long controversy was made n a plan entirely new. The special part of the ecree of the commissioners was set aside, and no igard was had to their doubt, whether the new barter granted all the lands comprehended in the Id. It was said that when the first grant was ade, the country was not explored. The course of B river, though unknown, was supposed to be from ,vest to east; therefore it was deemed equitable, lat as far as the river flowed in that course, the arallel line at three miles distance should extend. Jut as on the one hand, if by pursuing the course f the river up into the country it had been found to lave a southern bend, it would have been inequita- le to have contracted the Massachusetts grant; o, on the other hand, when it appeared to have a northern bend, it was equally inequitable to enlarge t. Therefore it was determined, " that the northern )oundary of the province of Massachusetts be a imilar curve line, pursuing the course of Merrimack iver at three miles distance on the north side hereof, beginning at the Atlantic Ocean, and end- ng at a point due north of Patucket falls ; and a >traight line drawn from thence due west, till it meets with his majesty's other governments." The ither parts of the decree of the commissioners, re- pecting the northern line and the payment of expenses, were affirmed. This determination exceeded the utmost expecta- tion of New Hampshire, as it gave them a tract of country 14 miles in breadth, and above 50 in length, more than they had ever claimed. It cut off from Massachusetts 28 new townships, between Merri- mack and Connecticut rivers, besides large tracts of vacant land, which lay intermixed, and districts from six of their old towns, on the north side of the Merrimack ; and if, as was then supposed, the due west line were to extend to twenty miles east of Hudson's river, the reputed boundary of New York, a vast tract of fertile country, on the western side of Connecticut river was annexed to New Hampshire, by which an ample scope was given, first for landed speculation, and afterward for cultivation, and wealth. When this determination was known, the politi- cians of Massachusetts were chagrined and enraged. They talked loudly of injustice, and some of the more zealous proposed trying the merits of the cause upon the words of the charter, before the judges in Westminster-hall, who it was expected would upon their oath and honour reverse the judgment, and tell the king that he had mistaken the meaning of the royal charter. This would, in- deed, have been a bold stroke. But a move moderate and pusillanimous scheme was adopted, which was, to send over a new agent to petition the king that he would re-annex to their government the twenty- eight new townships which had been cut off, and the districts of the six old towns. It was also thought prudent that the whole province should not openly appear in the affair, but that petitions should be drawn by the inhabitants of these towns, and that the agent should be chosen by them. Accord- ingly town meetings were held, petitions were pre- UNITED STATES. 481 pared and subscribed, and Thomas Hutchinson was appointed their agent, and sent over to England, where he formed those connexions which afterwards served to raise him to the chair of government in his native province. About the same time, Governor Belcher procured a petition from his six friends, of the council of New Hampshire, to the king, praying that the whole province might be annexed to the government of Massachusetts. This matter had been long in con- templation with these gentlemen, but was now pro- duced at the most unfortunate time which could have been chosen. Their petition was at once re- jected ; but that from the towns was kept in sus- pense a long time, till Thomlinson was prepared to answer all the pleas which Hutchiuson could ad- vance, and proved too hard an antagonist for him. It was finally dismissed, because it was thought " that it never could be for his majesty's service to annex any part of his province of New Hampshire, as an increase of territory, to Massachusetts ; but rather that it would be for the benefit of his subjects there, to be under a distinct government." Though Belcher's removal was seriously feared by his best friends, yet he had so much interest with some of the lords in high office, that they could not be prevailed with to give him up. The war which had commenced between Britain and Spain afforded him an opportunity to signalize his zeal for the king's service ; and he determined to prove himself a faithful servant to the crown in every instance, in hope that a course of time and fidelity might efface the impressions which had been made to his disad- vantage. It being resolved by the British court to under take an expedition to the island of Cuba, Governor Belcher, agreeably to the orders which he had re- ceived from the Duke of Newcastle, issued a pro- clamation for the encouragement of men who would enlist in the service; " that they should be supplied with arms and clothing, be in the king's pay, have a share of the booty which should be taken, and be sent home at the expiration of their time of service ; and that his majesty would order a number of blank commissions to be filled up by the governor, anc given to the officers who should command the troops to be raised in the provinces." He after wards pressed this matter closely, in his speech t( the assembly, and urged them to make provision foi one hundred men and a transport, to convey them t< Virginia, where all the colony troops were to ren dezvous, and thence to proceed, under the commanc of Colonel Gooch, to the place of their destination The assembly voted as much as they judged suf ficient for this purpose ; and the governor appointee a captain, and gave him beating orders ; but the commissions and arms not being sent, according tc the royal promise, no men could be enlisted in New Hampshire. The governor received commission, and arms for four companies to be raised in Massa chusetts ; where he could easily have enlisted ten had he been furnished according to the engagement To this failure, and not to any want of exertion 01 his part, in either of his governments, may be as cribed the paucity of troops raised in them ; and ye his enemies failed not of blaming him on this ac count. The representatives of New Hampshire too] this occasion to frame a vote, disapproving his ad ministration ; and upon this vote, their agent foundec another battery, to attack his character. (1741.) In conformity to the royal determination of the boundaries, orders were given to Belcher t HIST. OF AMEU. Nos. 61 & 62. pply to both his governments, to join in appointing urveyors, to run out, and mark the lines ; and that f either should refuse, the other should proceed ex mrte. The assembly of Massachusetts delayed giv- ng an answer in season, which was construed a lenial. The assembly of New Hampshire appointed hree surveyors to execute the service, who were Commissioned by the governor. They were directed o allow ten degrees for the westerly variation of the needle ; and the work was performed in the months f February and March. George Mitchell surveyed ind marked the similar curve line, from the ocean, hree miles north of Merrimack river, to a station north of Pantucket falls, in the township of Dracut. ilichard Hazen began at that station and marked ;he west line, across Connecticut river, to the sup- posed boundary line of New York. Walter Bryent jegan the line, from the head of Salmon-falls river, and marked it about thirty miles; but was prevented "rom proceeding farther, partly by the breaking up of the rivers, which rendered travelling impracti- cable, and partly by meeting a company of Indians who were hunting, and took his men for a scouting party. In their return they found on one of the trees, which they had marked, " the figure of a man's hand grasping a sword;" which they inter- preted as a signal of defiance from the Indians. The report of the completion of these lines was one of the last acts of Mr. Belcher's admini- stration. His enemies in both governments were indefatigable in their endeavours to remove him ; and by their incessant applications to the ministry ; by taking every advantage of his mistakes ; by falsehood and misrepresentation ; and finally, by the diabolical arts of forgery and perjury, they accom- plished their views. He was succeeded in the go- vernment of Massachusetts by William Shirley ; and in N ew Hampshire, by Benning Wentworth. At this distance of time, when all these parties avc extinct, and every reader may be supposed impar- tial ; it may seem rather strange, that Governor Belcher should meet with such treatment from the British court, in the reign of George the Second. That Mr. Belcher was imprudent and unguarded, in some instances, cannot be denied. He was indeed zealous to serve his friends and hearken to their advice ; but, by this means, he laid himself open to the attacks of his enemies, to whom he paid no court, but openly treated them with contempt. His language to them was severe and reproachful, and he never spared to tell the world what he thought of them. This provoked them ; but they had the art to con- ceal their resentment, and carry on their designs in silence, till they were ripe for execution. He had by far too mean an opinion of their abilities, and the interest which they had at court; and when he knew that they had the ear of the lords of trade, he affected to think them, " not very mighty lords, nor able to administer life and death." He had a con- sciousness of the general integrity of his own inten- tions ; and appears to have been influenced by mo- tives of honour and justice ; but he was not aware of the force of his own prejudices. It may admit of doubt, whether, considering the extreme delicacy of his situation, it were within the compass of human policy, to have behaved so as to give offence to neither of his provinces, in the management of such a controversy; but it is certain, that his antagonists could fairly fix but one real stigma on his cha- racter; and that, when impartially examined, can amount to no more tkan an imprudent step, at a 3 D 482 THE HISTORY OF AMERICA. critical time, grounded on an undue resentment of an affront ; for to suppose that his intention was to frustrate the commission, is inconsistent with the whole tenor of his public declarations and private correspondence. When bis enemies met him on fair and open ground, he was always prepared to answer; but it was impossible to guard against their secret attacks. If the cause which they meant to serve was a good one, why did they employ the basest means to effect it? The cruelty and hardship of his case may appear from the following considerations. He had been one of the. principal merchants of New England, but on his appointment to the chair of government, quitted every other kind of business, that he might uttend with punctuality and dignity to the duties of his station. By the royal instructions, he was re- strained from giving his assent to any grant of money to himself, unless it should be a permanent salary. What he received from New Hampshire was fixed, and paid out of the excise ; but the as- sembly of Massachusetts could not be persuaded to settle any salary upon him. They made him a grant of money (worth about 700/. or 80CK. sterling) ge- nerally once in a year, at their session in May. He was then obliged to solicit leave from the king, to accept the grant and sign the bill ; and sometimes could not obtain this leave till the end of the year : once not till five days before the dissolution of the assembly. In the mean time he was obliged to sub- sist on his own estate, and had he died within the year, the grant would have been wholly lost to his family. He was earnest to obtain a general per- mission to sign these grants ; but in that case the clerks of office in England, through whose hands the permission must have passed, would have lost their fees. He was now in the GOth year of his age : he had a family of children and grandchildren, whose sole dependence was on him ; and he thought, with reason, that if his course of faithful service, and the unworthy arts of his enemies had been duly consi- dered, the censure of his superiors would have been less severe, than "to deprive him of his bread and honour.' Whilst he entertained the worst opinion possible of the characters of his enemies, he had a strong confidence in the justice of the government before which he was accused. In one of his letters to his son, he says, " I must expect no favour while Bla- den is at the Board of Trade; but where the devil bul there should I expect justice, under the British Con- stitution, corroborated by the Hanover succession?' The event proved, that his confidence was not il founded. For, on being superseded, he repaired t< court, where, though his presence was unvrelcomi to some, yet he had opportunity to bring the mos convincing evidence of his integrity, and of the basi designs of his enemies. He was so far restored t< the royal favour, that he obtained a promise of the first vacant government in America which woul< be worthy of his acceptance. This proved to be the province of New Jersey, where he spent the remain ing years of his life, and where his memory has been treated with deserved respect. The beginning of Benning Wenticorth' ? administra tion War opened in Nova Scotia Expedition t Cape Breton; its plan, conduct, and success, with description tf the island, and of the city ofLouisboury Benning Wentworth, Esq. son of the decease lieut. -governor, was a merchant of good reputatio in Portsmouth, and well beloved by the people. H had represented hi* native town in the assembly f< everal years, where he distinguished himself in the pposition to Belcher. He afterwards obtained a ;at in council ; where, sensible of the popularity of is family, and feeling the pride of elevation, he con nued the opposition, and joined in the measures hich were pursued for obtaining a distinct governor, ithout any apprehension that himself would be he person, till a series of incidents, at first view nfortunate, prepared the way for his advancement o the chair. In the course of his mercantile dealings, he had ntered into a contract with an agent of the court of pain, and supplied him with a large quantity of the est oak timber, to procure which, he borrowed money in London. When he delivered the timber t Cadiz, the agent with whom he had contracted out of place, and the new officer declined pay- ment. In returning to America the ship foundered, nd he was saved with the crew in a boat. These misfortunes deranged his affairs and reduced him to state of bankruptcy. Afterwards he went again to pain, hoping by the interest of Sir Benjamin "Leone, the British minister, to obtain his due, but is suit was ineffectual. About that time Thomliu- on, despairing of Dunbar's advancement to the go- ernment of New Hampshire, turned his thoughts oward Wentworth ; and having procured him a let- er of license from his creditors in London, invited lim thither. Wentworth represented his case to the British court, complained of the injustice of Spain, and petitioned for redress. Many British merchants, ho had suffered by. the insolence of the Spaniards, were, at the same time, clamorous for reparation. The ministry were studious to avoid a war. A ne- rociation was begun, and the court of Spain pro- nised restitution, but failed in the performance. War was then determined on, and all ncgociation mded. Disappointed in his plea for justice, Went- ,vorth made his suit for favour, and by the aid of Thomlinson, who understood the ways of access to he great, he obtained a promise from the Duke of Newcastle, that when New Hampshire should be iut under a distinct governor, he should have the ommission. The expense of the solicitation and 'ees, amounting to 30U/. sterling, was advanced by lis friends in England, and repaid by his friends in STew Hampshire. (1741.) He was received in Portsmouth, after a ong absence, with great marks of popular respect. Among the compliments which were paid to him n that occasion, one was, that he had been in- strumental to " rescuing New Hampshire from con- tempt and dependence." In his first speech to the assembly (1742) he reflected on the conduct of his predecessor, not by name, but by implication, for not having taken early measures "to raise men for the expedition against the Spanish West Indies; and intimated his apprehension, that the good in- tention of the province in raising money for that purpose would be frustrated, since the men who were willing to enter into the service had enlisted in the other provinces. He also complimented them on their good faith in regard to the several issues of paper money, all of which were to be called in within the present year. He did not forget to recommend a fixed salary for himself, not subject to depreciation, nor the payment of expenses which had arisen on account of the boundary lines ; he informed them of the king's indulgence, in giving him leave to con- sent to a farther issue of bills of credit, to enable them to discharge their obligations to the crown, provided that no injury should be done to the trade UNITED STATES. 483 of the mother country. He also recommended to their attention the faithful services of their agents, one of whom, Rindge, was dead, and the payment of the debt due to his heirs. The assembly, in their answer, acknowledged the wisdom and justice of the king in determining the long controversy between them and Massachusetts ; but as to payment of the expense, they reminded him that one-half ought to be paid by Massachusetts, and desired him to use his influence for that purpose. With respect to the failure of raising men for the expedition, they set him right by ascribing it to the true cause ; there being no commissions sent to the province for that service. Concerning the salary, they said that as soon as they could know what number of inhabitants would be added to them by the settlement of the lines, and how the money could be raised, they should make as ample provision for his honourable support as their circumstances would admit. They acknowledged the fidelity and indus- try of their agents, and professed a good will to re- ward them ; but could not then promise adequate compensation. The assembly voted a salary of 25CM. proclama- tion money to the governor, funded as usual on the ex- cise; and having obtained a royal licence for issuing 25,000/. on loan for ten years, they granted the go- vernor 2501. more, to be paid annually out of the interest of the loan. When this fund failed, they made annual grants for his " further and more ample sup- port," and generally added something for house- vent. They presented their agent Thomlinson 1001. sterling for his faithful services ; but what they did for the heirs of Rindge does not appear. (1743.) After Mr. Wentworth was quietly seated in the chair of government, an opportunity presented to advance his interest still farther. For the sum of 2,000/. sterling, Dunbar was prevailed on to re- sign the surveyorship of the woods, and Thomlinson negociated an appointment in favour of Wentworth, with a salary of 800/. sterling, out of which he was to maintain four deputies. But to obtain this office, he was obliged to " rest his claim on the crown of Spain for 56,000 dollars." These appointments of Mr. Wentworth gave the opposers of the former administration great cause of triumph ; but the spirit of opposition had only changed sides. It was hoped and expected by some, that Mr. Belcher, by going to England, would not only remove the ill impressions which the malice of his enemies had made, but return to his former sta- tion. Others, who had no predilection for Belcher, looked with envy on the good fortune of Wentworth, and aimed to undermine him; at the same time courting the friends of the former administration to join in their measures. These things were managed with secrecy, and a few hints only are left as evi- dence of the existence of designs, which were never brought to maturity. It was one of the royal instructions to governors, that in any cases of difficulty or sudden emergency, they should communicate with each other. Mr. Weutworth had a high opinion of the abilities of the new governor of Massachusetts, and there being a strict friendship between them, consulted him on all occasions. Shirley was gratified by this deference, and knew how to make his advantage; of it. Thus, though New Hampshire was under a governor dis- tinct from that of Massachusetts a point which had long been contended for yet the difference was not so great in reality as in appearance. This was a circumstance not much known at that time. The advice which Shirley gave him was, in general, salutary and judicious. . (1744.) The war which had been kindled between Britain and Spain, extended its flame over a great part of Europe ; and when France became involved in it, the American colonies were more nearly in- terested, because of the proximity of the French, and of the Indians, who were in their interest. War is so natural to savages, that they need but little to excite them to it. An Indian war was a necessary appendage of a war with France. The scene of both was opened in Nova Scotia. That province had been alternately claimed and possessed by the English and French for more than a century. Ever since the peace of Utrecht it had been subject to the crown of Britain, and the French inhabitants, who were under a kind of patriarchal government of their priests, and devoted to the French interest, were kept in awe, partly by the fear of having their dikes destroyed which they had erected to prevent the sea from overflowing their fields and partly by a British garrison at Anna- polis, where a governor and council resided. The Indian tribes maintained their native independence, though they were attached to the French by reli- gious as well as interested obligations. Canseau, an island on the north-eastern part of Nova Scotia, was in possession of the English. It was resorted to by the fishermen of New England. It was de- fended by a block-house and garrisoned by a de- tachment of troops from Annapolis. The island of Cape Breton was possessed by the French, and lay between the English of Canseau and those of New- foundland. This was too near a neighbourhood for enemies, especially when both were pursuing one object, the fishery. The French at Cape Breton having received early intelligence of the declaration of war, immediately resolved on the destruction of the English fishery at Canseau. Duquesnel, the governor, sent Duvivier with a few small armed vessels, and about nine hun- dred men, who seized and took possession of the island, burned the houses, and made prisoners of the garrison and inhabitants. This was done, before the news of war had arrived in New England. It was followed by an attempt upon Placentia, in New- foundland, which miscarried. An attack was also made upon Annapolis, the garrison of which was reinforced by several companies of militia and rangers, from Massachusetts, and the enemy were obliged to re- tire. The Indians of Nova Scotia assisted the French in this attack; which, with some other insolencies committed by them, occasioned a declaration of war by the government of Massachusetts against them, with a premium for scalps and prisoners. These proceedings of the French were rash and precipitate. They were not prepared for extensive operations ; nor had they any orders from their court to undertake them. What they had done, served to irritate and alarm the neighbouring English co- lonies, and shew them their danger in the most con- spicuous manner. Their sea coast, navigation, and fishery lay exposed to continual insults. Their fron- tier settlements on the western side were but eighty miles distant from the French fort on Lake Cham- plain. The Indians who lay between them, had not yet taken up the hatchet ; but it was expected that encouragement would be given them by the gover- nor of Canada, to insult the frontiers. Several new settlements were wholly broken up; and many of the women and children of other frontier places retired to the old towns for security. 3D2 484 THE HISTORY OF AMERICA, In the autumn, Duquesnel the French governor of Cape Breton, died, and was succeeded in the command by Duchambon, who had not so good a military character. Duvivier went to France to so- licit a force to carry on the war in Nova Scotia in the ensuing spring. The store ships, expected from France at Cape Breton, came on the coast so late in the fall, and the winter there set in so early and fierce, as to keep them out of port, and drive them off to the West Indies. The captive garrison of Canseau, with other prisoners, who had been taken at sea and carried into Louisbourg, were sent to Boston. From them, as well as from other inform- ants, Governor Shirley obtained such intelligence of the state of that island and fortress, as induced him te form the project of attacking it. But before we open this romantic and hazardous scene, it is ne- cessary to give some account of the place which was to be the theatre of operations. The island of Cape Breton, so denominated from one of its capes, lies between the forty-fifth and forty-seventh degrees of north latitude, at the dis- tance of fifteen leagues from Cape Ray, the south- western extremity of Newfoundland. It is separated from the main land of Nova Scotia by a narrow strait six leagues in length, the navigation of which is safe for a ship of forty guns. The greatest length of the island, from north-east to south-west is about fifty leagues, and its greatest breadth thirty-three. It is about eighty-eight leagues in circuit as seamen estimate distances. Its general form is triangular, but it is indented by many deep bays. The soil of this island is by no means inviting. It is either rocky and mountainous, or else cold and boggy ; and much less capable of improvement than Nova Scotia. Its only valuable productions are of the fossil kind, pit-coal and plaster. Its atmosphere in the spring and summer is an almost continual fog, which prevents the rays of the sun from per- fecting vegetation. Its winter is severe and of long continuance ; and as the island forms an eddy to the current which sets through the gulf of St. Lawrence, its harbours are filled with large quanti- ties of floating ice, with which its shores are envi- roned till late in the spring. Much has been said by French and English writers on the great importance and advantage of this island, and some political and temporary pur- poses were doubtless to be answered by such publi- cations ; but in fact, the only real importance of Cape Breton was derived from its central situation, and the convenience of its ports. On the north and west sides it is steep and inaccessible ; but the south-eastern side is full of fine bays and harbours, capable of receiving and securing ships of any bur- den ; and, being situated between Canada, France, and the West Indies, it was extremely favourable to the French commerce. It was not so good a station for the fishery as several parts of Nova Scotia and Newfoundland. The greater part of the French fishery was prosecuted elsewhere ; and they could buy fish at Canseau cheaper than they could cure it at Cape Breton. Whilst the French held possession of the coasts of Nova Scotia and Newfoundland, this island was neglected ; but after they had ceded these places to the crown of England, and the crown of England had ceded this island to them by the treaty of Utrecht, 1713, they began to see its value. Instead of giving so much attention to the fur trade of Canada as they had before done, they contemplated building a for- tified town on this island, as a security to their na- vigation and fishery. For this purpose they chose a fine harbour on the south-east side of the island, formerly called English harbour; where they erected their fortifications, and called the place Louisbourg. The harbour of Louisbourg lies in latitude 45 55" ; its entrance is about four hundred yards wide. The anchorage is uniformly safe, and ships may run ashore on a soft muddy bottom. The depth of water at the entrance is from nine to twelve fathoms. The harbour lies open to the south-east. Upon a neck of land on the south side of the harbour was built the town, two miles and a quarter in circumference ; fortified in every accessible part with a rampart of stone, from thirty to thirty-six feet high, and a ditch eighty feet wide. A space of about two hundred yards was left without a rampart, on the side next to the sea; it was enclosed by a simple dike and a line of pickets. The sea was so shallow in this place, that it made only a narrow channel, inaccessible from its numerous reefs to any shipping whatever. The side fire from the bastions secured this spot from an attack. There were six bastions and three batteries, containing embrasures for 148 cannon, of which sixty-five only were mounted, and sixteen mortars. On an island at the entrance of the har- bour was planted a battery of thirty cannon, carry- ing twenty-eight pounds shot; and at the bottom of the harbour, directly opposite to the entrance, was the grand or royal battery of twenty-eight cannon, (forty-two pounders,) and two eighteen pounders. On a high cliff, opposite to the island battery, stood a light-house ; and within this point, at the north-east part of the harbour, was a careening wharf secure from all winds, and a magazine of naval stores. The town was regularly laid out in squares. The streets were broad ; the houses mostly of wood, but some of stone. On the west side, near the rampart, was a spacious citadel, and a large parade ; on one side of which were the governor's apartments. Un- der the rampart were casemates to receive the women and children during a siege. The entrance of the town on the land side was at the west gate, over a draw-bridge, near to which was a circular battery, mounting sixteen guns, of twenty-four pounds shot. These works had been twenty-five years in build- ing; and though not finished, had cost the crown, it is said, nearly 1,000,000/. sterling. The place was so strong as to be called " the Dunkirk of Ame- rica." It was, in peace, a safe retreat for the ships of France bound homeward from the East and West. Indies; and in war, a source of distress to the north- ern English colonies; its situation being extremely favourable for privateers to ruin their fishery, anil interrupt their coasting and foreign trade ; for which reasons, the reduction of it was an object as desira- ble to them, as that of Carthage was to the Romans. In the autumn, Shirley wrote to the British mi- nistry, representing the danger of an attack on Nova Scotia from the French, in the ensuing spring; and praying for some naval assistanco. These let- ters he sent by Captain Ryal, an officer of the gar- rison which had been taken at Canseau, who " from bis particular knowledge of Louisbourg, and of the reat consequence of the acquisition of Cape Breton, and the preservation of Nova Scotia, he hoped would be of considerable service to the northern colonies, with the lords of the admiralty." Thus early did Shirley conceive and communicate to Wentworth tiis great design ; and the most prudent step which lie took in this whole affair was to solicit help from England. His petition, supported by that worthy officer, was so favourably received by the ministry, UNITED STATES. 485 that as early as the beginning of January, orders were dispatched to Commodore Warren, then in the West Indies, to proceed to the northward in the spring, and employ such a force as might be suffi- cient to protect the northern colonies in their trade and fishery, and distress the enemy ; and for this purpose to consult with Governor Shirley. Orders of the same date were written to Shirley, inclosed to Warren, directing him to assist the king's ships with transports, men and provisions. These orders, though extremely favourable to the design, were totally unknown in New England till the middle of April following, before which time the expedition was completely formed. It has been said, that a plan of this famous enter- prise was first suggested by William Vaughan, a son of Lieut-governor Vaughan, of New Hampshire. Several other persons have claimed the like merit. How far each one's information or advice contri- buted toward forming the design, cannot now be determined. Vaughan was largely concerned in the fishery on the eastern coast of Massachusetts. He was a man of good understanding, but of a dar- ing, enterprising, and tenacious mind, and one who thought of no obstacles to the accomplishment of his views. An instance of his temerity is still remem- bered. He had equipped, at Portsmouth, a number of boats to carry on his fishery at Montinicus ; on the day appointed for sailing, in the month of March, though the wind was so boisterous that experienced mariners deemed it impossible for such vessels to carry sail, he went on board one, and ordered the others to follow. One was lost at the mouth of the river, the rest arrived with much difficulty, but in a short time, at the place of their destination. Vaughan had not been at Louisbourg; but had learned from fishermen and others, something of the strength and situation of the place, and nothing being in his view impracticable which he had a mind to accomplish, he conceived a design to take the city by surprise; and even proposed going over the walls in the winter on the drifts of snow. This idea of a surprisal forcibly struck the mind of Shirley, and prevailed with him to hasten his preparations, before he could have any answer or orders from England. ^1745.) In the beginning of January he requested of the members of the general court, that they would lay themselves under an oath of secresy, to receive a proposal from him, of very great importance. This was the first request of the kind which had ever been made to a legislative body in the colonies. They readily took the oath, and he communicated to them the plan which he had formed of attacking Louisbourg. The secret was kept for some days, till an honest member, who performed the family devotion at his lodgings, inadvertently discovered it by praying for a blessing on the attempt. At the first deliberation the proposal was rejected, but by the address of the governor and the invincible perseverance of Vaughan, a petition from the merchants concerned in the fishery, was brought into court, which revived the affair; and it was finally carried in the affirmative by a majority of one voice, in the absence of several members who were known to be against it. Cir- cular letters were immediately dispatched to all the colonies, as far as Pennsylvania, requesting their assistance, and an embargo on their ports. With one of these letters Vaughan rode express to Portsmouth, where the assembly was sitting. Governor Wentworth immediately laid the matter before them, and proposed a conference of the two houses to be held on the next day. The house of representatives having caught the enthusiasm of Vaughan, were impatient of delay, and desired that t might be held immediately. It was accordingly icld, and the committee reported in favour of the expedition, estimated the expense at 4,000/., and desired the governor to issue a proclamation for inlisting 250 men, at 25s. per month, one month's pay to be advanced ; they also recommended that military stores and transports should be provided, and that such preparations should be made that the whole might be ready by the beginning of March. All this was instantly agreed to, on condition that proper methods could be found to pay the charges. This could be done in no other way than by a new issue of bills of credit, contrary to the letter of royal instructions. But, by the help of Shirley, a way was found to surmount this difficulty; for on the. same day he wrote to Wentworth, informing him that he had, in answer to repeated solicitations, ob- tained a relaxation of his instructions relative to bills of credit, so far as to have leave to consent to such issues as the exigencies of war might require ; and advising him that, considering the occasion, it was probable his consenting to an issue would rather be approved than censured by his superiors. The next day he wrote again assuring him that he might safely do it, provided, that the sum to be issued were solely appropriated to the service of the expedition. He also sent him a copy of the instruction, enjoining him to let no person know that he had sent it. Shir- ley himself had consented to an issue of 50,OOW., to be drawn in by a tax in the years 1747 and 1748. The house of representatives passed a vote for an issue of 10,000. toward defraying the charge of the expedition and further carrying on the war, and the support of government ; to be drawn in by taxes in ten annual payments, to begin in 1755. The coun- cil objected and said, that the grant should be wholly appropriated to the expedition, and the payments should begin in 1751. The house adhered to their vote. The governor interposed, and an altercation took place, which continued several days. The go- vernor adjourned the assembly till he could again ask Shirley's advice and receive his answer. At length the house altered their vote, and appointed the year 1751 for drawing in the money, augmenting the sum to 13,000/.; and at the governor's express desire, they publicly assured him that they "could not find out any other way to carry on the expedition, or in any degree shorten the period for bringing in the money." This was done to serve as an apology for the governor's consenting to the bill, notwith- standing he had no liberty to recede from his in- structions ; and thus, the matter being compromised, he gave his consent. During this tedious interval, a report was spread, that the house had refused to raise men and money for the expedition; and the author of the report was sought out and called to account by the house for his misbehaviour. The next day they altered their terms of enlistment, conformably to those offered in Massachusetts, and by the 17th of February, 250 men were enlisted for the service. The person appointed to command the expedition was William Pepperrell, Esq. of Kittery, colonel of a regiment of militia, a merchant of unblemished reputation and engaging manners, extensively known both in Massachusetts and New Hampshire, and very popular. These qualities were absolutely ne- cessary in the commander of an army of volunteers, his own countrymen, who were to quit their domes- tic connexions and employments, and engage in a 486 THE HISTORY OF AMERICA. hazardous enterprise, which none of them, from the highest to the lowest, knew how to conduct. Pro- fessional skill and experience were entirely out of the question; had these qualities been necessary, the expedition must have been laid aside ; for there was no person in New England in these respects qualified for the command. Fidelity, resolution and popularity must supply the place of military talents ; and Pepperrell was possessed of these. It was ne- cessary that the men should know and love their ge- neral, or they would not enlist under him. After this appointment was made, and while it was uncertain whether the assembly of New Hamp- shire would agree with the governor in raising mo- ney for the expedition, Shirley proposed to Went- worth, the raising of men in New Hampshire, to be in the pay of Massachusetts, and in the letter which he wrote on that occasion paid him the following compliment : " It would have been an infinite satis- faction to me, and done great honour to the expedi- tion, if your limbs would have permitted you to take the chief command." Wentworth was charmed with the idea, and forgetting his gout, made an offer of his personal service, but not till after the assem- bly had agreed to his terms and the money bill was passed. Shirley was then obliged to answer him thus : " Upon communicating your offer to two or three gentlemen, in whose prudence and judgment I most confide, I found them clearly of opinion, that any alteration of the present command would be at- tended with great risque, both with respect to the as- sembly and the soldiers being entirely disgusted." Before Pepperrell accepted the command, he asked the opinion of the famous George Whitefield, who was then itinerating and preaching in New England. Whitefield told him, that he did not think the scheme very promising ; that the eyes of all would be on him ; that if it should not succeed, the widows ana orphans of the slain would reproach him; and if it should succeed, many would regard him with envy, and endeavour to eclipse his glory ; that, he ought therefore to go with a " single eye," and then he would find his strength proportioned to his necessity. Henry Sherburne, the commissary of New Hampshire, another of Whitefield's friends, pressed him to favour the expedition and give a motto for the flag ; to which, after some hesitation, he consented. The motto was, " Nil desperandum Christo duce" This gave the expedition the air of a crusade, and many of his followers enlisted. One of them, a chaplain, carried on his shoulder hatchet, with which he intended to destroy the images in the French churches. There are certain latent sparks in human nature, which, by a collision of causes, are sometimes brought to light ; and when once excited, their operations are not easily controlled. In undertaking any thing hazardous, there is a necessity for extraordinary vigor of mind, and a degree of confidence and forti- tude, which shall raise us above the dread of danger, and dispose us to run a risk which the cold maxims of prudence would forbid. The people of New Eng- land have at various times shewn this enthusias- tic ardour, which has been excited by the example of their ancestors and their own exposed situation It was never more apparent, and perhaps never more necessary, than on occasion of this expedition. Nor ought it to be forgotten, that several circumstances which did not depend on human foresight, greatly favoured the undertaking. The winters in this country are often severe, but the winter in which this expedition was planned and particularly the month of February, was very mild. The harbours and rivers were open, and the weather was in general so pleasant, that every kind of labour could be done abroad. The fruitfulness of the pi;eceding season had made provisions plenty. The Indians had not yet molested the frontiers; and though some of them had heard that an expedition against Cape Breton was in hand, and carried the news of it to Canada, such an attempt was so im- probable, that the French gave no credit to the re- port, and those in Nova Scotia did not receive the least intelligence of the preparations. Douglas ob- serves, that " some guardian angel preserved the troops from taking the small-pox," which appeared in Boston about the time of their embarkation, and was actually imported in one of the ships which was taken into the service. A concurrence of happy in- cidents brought together every British ship of war from the ports of the American continent and isiands, till they made a formidable naval force, con- sisting of four ships of the line and six frigates, un- der the command cf an active, judicious and expe- rienced officer. On the other hand, the garrison of Louisbourg was discontented and mutinous; they were in want of provisions and stores ; they had no inowledge of the design formed against them ; their shores were so environed with ice, that no supplies could arrive early from France, and those which came afterward were intercepted and taken by our cruisers. In short, " if any one circumstance had taken a wrong turn on our side, and if any one cir- cumstance had not taken a wrong turn on the French side, the expedition must have miscarried." In the undertaking and prosecuting of an enter- prise so novel to the people of New England, it is amusing to see how many projects were invented ; what a variety of advice was given from all quarters, and what romantic expectations were formed by ad- visers and adventurers. During the enlistment', one of the officers was heard to say with great sobriety, that he intended to carry with him three shirts, one of which should be ruffled, because he expected that the general would give him the command of the city, when it should be taken. An ingenious and benevolent clergyman presented to the general a plan for the encampment of the army, the opening of trenches, and the placing of batteries before the city. To prevent danger to the troops from subter- raneous mines, he proposed, that two confidential persons, attended by a guard, should, during the night, approach the walls ; that one should with a beetle strike the ground, while the other should lay his ear to it, and observe whether the sound was hollow, and that a mark should be set on all places suspected. Another gentleman of equal ingenuity, sent the general a model of a flying bridge, to be used in scaling the walls of Louisbourg. It was so light, that twenty men could carry it on their shoul- ders to the wall, and raise it in one minute. The ap- paratus for raising it consisted of four blocks, and two hundred fathoms of rope. It was to be floored with boards, wide enough for eight men to march abreast; and to prevent danger from the enemy's fire, it might be covered with raw hides. This bridge, it was said, might be erected against any part of the wall, even where no breach had been made ; and it was supposed that 1000 men might pass over it in four minutes. But the most extraordinary project of all, was Shirley's scheme for taking the city by surprise, in the first night after the arrival of the troops, and before any British naval force could possibly come UNITED STATES. 487 to thnlr assistance. It is thus delineated in a con- fidential letter which he wrote to Wentworth, when he urged him to send the New Hampshire troops to Boston, to proceed thence with the fleet of trans- ports. "The success of our scheme for surprising Louisbourg will entirely depend on the -execution of the first night, after the arrival of our forces. For this purpose it is necessary, that the whole fleet should make Chappeau-rouge point just at the shut- ting in of the day, when they cannot easily be dis- covered, and from thence push into the bay, so as to have all the men landed before midnight ; the land- ing of whom, it is computed by Capt. Durell and Mr. Bastide, will take up three hours at least. After which, the forming of the four several corps to be employed in attempting to scale the walls of Louisbourg, near the east gate, fronting the sea, and the west gate fronting the harbour, to cover the re- treat of the beforementioned parties in case of a re- pulse, and to attack the grand battery, (which at- tack must be made at the same time with the two other attacks) will take up two hours more at least. After these four bodies are formed, their march to their respective posts from whence they are to make their attacks and serve as a cover to the retreat, will take up another two hours, which, supposing the transports to arrive in Chappeau-rouge bay at nine o'clock in the evening, and not before, as it will be necessary i'ur them to do in order to land and inarch under cover of the night, will bring them to four in the morning, being day-break, before they begin the attack, which will be full late for them to begin. Your excellency will from hence perceive how criti- cal an afl'air the time of the fleet's arrival in Chap- peau-rouge bay is, and how necessary it is to the success of our principal scheme, that the fleet should arrive there in a body at that precise hour." It is easy to perceive that this plan was contrived by a person totally unskilled in the arts of naviga- tion and of war. The coast of Cape Breton was dangerous and inhospitable, the season of the year rough and tempestuous, and the air a continual fog; yet, a fleet of an hundred vessels, after sailing nearly 200 leagues (for by this plan they were not to stop) must make a certain point of land " at a precise hour." and enter an unknown bay, in an evening. The troops were to land in the dark, amidst a violent surf, on a rocky shore to march through a thicket and bog throe miles to the city, and some of them a mile beyond it to the royal battery. Men who had never been in action were to perform services which the most experienced veteran would think of with dread ; to pull down pickets with grappling- irons, and si-ale the walls of a regular fortification vith ladders which were afterwards found to be too short by ten feet all in the space of twelve hours from their first making the land, and nine hours from thoir debarkation. This part of the plan was prudently concealed from the troops. The forces which New Hampshire furnished for this expedition were 350 men, including the crew of an armed sloop which convoyed the transports and served as a cnuiser. They were formed into a regi- ment consisting of eight companies, and were under the command of Colonel Samuel Moore. The sloop was commanded by Captain John Fernald ; her crew consisted of thirty men. The regiment, sloop, and transports were, by Governor Wentworth's writ- ten instructions to the general, put under his com- mand. Besides these, a body of 150 men was in- listed in New Hampshire, and aggregated to the reg:m?:it i:t the pay of Massachusetts. Thus New Hampshire employed 500 'men; about one-eighth part of the whole land force. In these men there was such an ardour for action, and such a dread of delay, that it was impracticable to put them so far out of their course as to join the fleet at Boston. Shirley therefore altered the plan, and appointed a rendezvouz at Canseau, where the forces of New Hampshire arrived two days before the general and his other troops from Boston. The instructions which Pepperrell received from Shirley, were conformed to the plan which he had communicated to Wentworth, but much more par- ticular and circumstantial. He was ordered to pro- ceed to Canseau, there to build a block-house and battery, and leave two companies in garrison, and to deposit the stores which might not immediately be wanted by the army. Thence he was to send a detachment to the village of St. Peters, on the in- land of Cape Breton, and destroy it, to prevent any intelligence which might be carried to Lcuisbourg ; for which purpose also, the armed vessels were to cruise before the harbour. The whole fleet was to sail from Canseau, so as' to arrive in- Chappeau- rouge bay about nine o'clock in the evening. The troops were to land in four divisions, and proceed to the assault before morning. If the plan for the surprisal should fail, he had particular directions where and how to land, march, encamp, attack, and defend ; to hold councils and keep records, and t<> send intelligence to Boston by certain vessels re- tained for the purpose, which vessels were to stop at Castle William, and there receive the governor's orders. Several other Vessels were appointed to cruise between Canseau and the camp, to convey orders, transport stores, and catch fish for the army. To close these instructions, after the most minuto detail of duty, the general was finally " left to act. upon unforeseen emergencies according to his dis- cretion ;" which, in the opinion of military gentle- men, is accounted the most rational part of the whols. Such was the plan for the reduction of a regularly constructed fortress, drawn by a lawyer, to be exe- cuted by a merchant, at the head of a body of hus- bandmen and mechanics ; animated indeed by ar- dent patriotism, but destitute of professional skill and experience. After they had embarked, the hearts of many began to fail ; some repented that they had voted for the expedition, or promoted it; and the most thoughtful were in the greatest perplexity. The troops were detained at Canseau three weeks, waiting for the ice, which invironed the island of Cape Breton, to be dissolved. They were all this time within view of St. Peters, but were not dis- covered. Their provisions became short; but they were supplied by prizes taken by the cruizers. Among others, the New Hampshire sloop took a ship from Martin ico, and retook one of the trans- ports, which she had taken the day before. At length, to their great joy, Commodore Warren, in the Superbe, of sixty guns, with three other ships of forty guns each, arrived at Canseau, and having held a consultation with the general, proceeded to crui/.e before Louisbourg. The general having sent t!-; New Hampshire sloop to cover a detachment which destroyed the village of St. Peters, and scattered the inhabitants, sailed with the whole fleet ; but in- stead of making Chappeau-rouge point in the even- ing, the wind falling short, they made it at the dawn of the next morning; and their appearance in the- bay gave the first notice to the French of a de-sign formed against them. The intended surprisal being thus happily frua- THE HISTORY OF AMERICA. trated, the next thing after landing the troops wa to invest the city. Vaughan, the adventurer from New Hampshire, had the rank and pay of a lieute nant-colonel, but refused to have a regular command He was appointed one of the council of war, and was ready for any service which the general might think suited to his genius. He conducted the first co lumn through the woods, within sight of the city and saluted it with three cheers. He headed a de- tachment, consisting chiefly of the New Hampshire troops, and marched to the north-east part of the harbour, in the night ; where they burned the ware- houses containing the naval stores, and staved a large quantity of wine and brandy. The smoke o1 this fire being driven by the wind into the grand battery, so terrified the French, that they abandoned it and retired to the city, after having spiked the guns and cut the halliards of the flag-staff. The next morning, as Vaughan was returning, with thir- teen men only, he crept up the hill which overlooked the battery, and observed, that the chimnies of the barrack were without smoke, and the staff without a flag. With a bottle of brandy which he had in his pocket, (though he never drank spirituous liquors), he hired one of his party, a Cape Cod Indian, to crawl in at an embrasure, and open the gate. He then wrote to the general these words, " May it please your honour to be informed, that by 'the grace of God, and the courage of thirteen men, I entered the royal battery, about nine o'clock, and am waiting for a reinforcement, and a flag." Before either could arrive, one of the men climbed up the staff, with a red coat in his teeth, which he fastened by a nail to the top. This piece of triumphant va- nity alarmed the city, and immediately an hundred men were dispatched in boats to retake the battery. But Vaughan, with his small party, on the naked beach, and in the face of a smart fire from the city and the boats, kept them from landing, till the rein- forcement arrived. In every duty of fatigue, or sanguine adventure, he was always ready; and the New Hampshire troops, animated by the same en- thusiastic ardour, partook of all the labours and dangers of the siege. They were employed for fourteen nights successively, in drawing cannon from the landing place to the camp, through a mo- rass ; and their Lieutenant-Colonel Messcrve, being a ship carpenter, constructed sledges, on which the cannon were drawn, when it was found that their wheels were buried in the mire. The men, with straps over their shoulders, and sinking to their knees in mud, performed labour beyond the rjower of oxen; which labour could be done only in the night or in a foggy day ; the place being within plain view and random shot of the enemy's walls. They were much disappointed and chagrined, when they found that these meritorious services were not more distinctly acknowledged in the accounts which were sent to England, and afterwards published. In the unfortunate attempt on the island battery by 400 volunteers from different regiments, the New Hampshire troops were very active. When it was determined to erect a battery on the light-house cliff, two companies of them (Mason's and Fernald's) were employed in that laborious service, under cover of their armed sloop; and when a proposal was made for a general assault by sea and land, Colonel Moore, who had been an experienced sea comman- der, offered to go on board the Vigilant with his whole regiment, and lead the attack, if in case of success he might be confirmed in the command of the ship ; but when this was denied, most of the men who were fit for duty, readily went on board the Princess Mary, to act as marines on that occasion. It has been said, that " this siege was carried on in a tumultuary, random manner, resembling a Cambridge commencement." The remark is in a great measure true. Though the business of the council of war was conducted with all the formality of a legislative assembly ; though orders were issued by the general, and returns made by the officers at the several posts ; yet the want of discipline was too visible in the camp. Those who were on the spot, frequently laughed at the recital of their own irregularities, and expressed their admiration when they reflected on the almost miraculous preservation of the army from destruction. They indeed pre- sented a fonnidable front to the enemy; but the rear was a scene of confusion and frolic. While some were on duty at the trenches, others were racing, wrestling, pitching quoits, firing at marks or at birds, or running after shot from the enemy's guns, for which they received a bounty, and the shot were sent back to the city. The ground was so uneven, and the people so scattered, that the French could form no estimate of their numbers; nor could they learn it from the prisoners taken at the island bat- tery, who on their examination, as if by previous agreement, represented the number to be vastly greater than it was. The garrison of Louisbourg had been so mutinous before the siege, that the offi- cers could not trust the men to make a sortie, lest they should desert; had they been united, and acted with vigour, the camp might have been surprised, and many of the people destroyed. Much has been ascribed, and much is justly due, to the activity and vigilance of Commodore Warren, and the ships under his command : much is also due to the vigour and perseverance of the land forces, and the success was doubtless owing to the joint efforts of both. Something of policy, as well as bravery, is generally necessary in such undertak- ings ; and there was one piece of management, which, though not mentioned by any historian, yet greatly contributed to the surrender of the city. The capture of the Vigilant, a French sixty-four 2;un ship, commanded by the Marquis de la Maison- Forte, and richly laden with military stores for the relief of the garrison, was one of the most capital exploits performed by the navy. This ship had been anxiously expected by the French, and it was thought ;hat the news of her capture, if properly communi- cated to them, might produce a good effect; but how ;o do it was the question. At length the commodore lit on this expedient, which he proposed to the ge- neral, who approved and put it into execution. In a skirmish on the island, with a party of French and Indians, some English prisoners had been taken jy them, and used with cruelty. This circumstance was made known to the marquis, and he was re- quested to go on board of all the ships in the bay where French prisoners were confined, and observe he condition in which they were kept. He did so, ind was well satisfied with their fare and accommo- dations. He was then desired to write to the go- vernor of the city, and inform him how well the French prisoners were treated, and to request the ike favour for the English prisoners. The humane marquis readily consented, and the letter was sent ,he next day by a flag, entrusted to the care of Capt. Vlacdonald. He was carried before the governor and his chief officers ; and by pretending not to un- derstand their language, he had the advantage of "istening to their discourse, by which he found, that UNITED STATES. 489 they had not before heard of the capture of the Vi- gilant, and that the news of it, under the hand of her late commander, threw them into visible pertur- bation. This event, with the erection of a battery on the high cliff at the light house, under the direc- tion of Lieut.-colonel Gridley, by which the island battery was much annoyed, and the preparations which were evidently making for a general assault, determined Duchambon to surrender; and accord- ingly, in a few days he capitulated. Upon entering the fortress and viewing its strength, and the plenty and variety of its means of defence, the stoutest hearts were appalled, and the impractica- bility of carrying it by assault was fully demonstrated. No sooner was the city taken, and the army un- der shelter, than the weather, which during the siege, excepting eight or nine days after the first landing, had been remarkably dry for that climate , changed for the worse ; and an incessant rain of ten days succeeded. Had this happened before the surrender, the troops who had then begun to be sickly, and had none but very thin tents, must have perished in great numbers. Reinforcements of men, stores and provisions arrived, and it was determined in a coun- cil of war, to maintain the place and repair the breaches. A total demolition might have been more advantageous to the nation ; but in that case, indi- viduals would not have enjoyed the profit of draw- ing bills on the navy and ordnance establishments, The French flag was kept flying on the ramparts and several rich prizes were decoyed into the har Lour. The army supposed that they had a right to a share of these prizes ; but means were found to sup press or evade their claim ; nor did any of the co lony cruizers (except one) though they were retainec in the service, under the direction of the commodore reap any benefit from the captures. The news of this important victory filled Americ with joy, and Europe with astonishment. The en terprising spirit of New England gave a seriou alann to those jealous fears, which had long pre dieted the independence of the colonies. Great pain were taken in England to ascribe all the glory t the navy, and lessen the merit of the army. How ever, Pepperell received the title of baronet, a \vell as "Warren. The latter was promoted to be a admiral ; the former had a commission as colonel i the British establishment, and was empowered t raise a regiment in America, to be in the pay of th crown. The same emolument was given to Shirle 1 and both he and Wentworth acquired so much repu tation as to be confirmed in their places. Vaugha went to England to seek a reward for his service; and there died of the small-pox. Solicitations wer set on foot for a parliamentary reimbursemen which, after much difficulty and delay, was obtained and the colonies who had expended their substanc were in credit at the British treasury. The justic and policy of this measure must appear to every on< who considers, that excepting the suppression of rebellion within the bowels of the kingdom, th conquest was the only action which could be calle a victory, on the part of the British nation, durin the whole French war, and afforded them the mean of purchasing a peace. Projected Expedition to Canada Alarmby the Frent fleet State of the frontiers Peace. Whilst the expedition to Cape Breton wasinhan the active mind of Governor Shirley contemplat< nothing less than the conquest of all the French d minions in America ; and he consulted with G ernor Wentworth and Mr. Atkinson on the practi- Jbility of such a design. After Louisbourg was ken, he made a visit thither, and held a consulta- on with Sir Peter Warren and Sir William Pep- erell ; and from that place wrote pressingly to the ritish ministry on the subject. His solicitations, nforced by the brilliant success at Louisbourg, and le apparent danger in which Nova Scotia and the ew conquest were involved, had such an effect, that n the spring of the following year, (1746) a circular etter was sent from the Duke of Newcastle, secre- ry of state, to all the governors of the American olonies, as far southward as Virginia, requiring icm to raise as many men as they could spare, and orm them into companies of one hundred, to be eady to unite, and act according to the orders hich they should afterwards receive. The plan as, that a squadron of ships of war, and a body of and forces, should be sent from England against Canada; that the troops raised in New England hould join the British fleet and army at Louisbourg, ind proceed up the river St. Lawrence ; that those >f New York and the other provinces at the south- vard, should be collected at Albany, and march against Crown Point and Montreal. The manage- ment of this expedition was committed to Sir John St. Clair, in conjunction with Sir Peter Warren and Governor Shirley. St. Clair did not come to America. Warren and Shirley gave the orders, vhile Warren was here ; and afterwards Commodore ECnowles, who succeeded him, was joined with Shir- .ey ; but as Knowles was part of the time at Louis- bourg, most of the concern devolved on Shirley alone. Beside the danger of losing Nova Scotia and Cape Breton, there were other reasons for undertaking his expedition. The Indians, instigated by the governor of Canada, were ravaging the frontiers, destroying the fields and cattle, burning houses and mills, killing and carrying away the inhabitants. Though scouts and garrisons were maintained by the governments, yet to act altogether on the de- fensive, was thought to be not only an ineffectual, but a disgraceful mode of carrying on the war, es- pecially after the success which had attended the arms of the colonists in their attempt against Louis- bourg. The continuance of such a mode of defence would neither dispirit the enemy, nor secure the frontiers from their depredations. The design was pleasing, and the colonies readily furnished their quotas of men. In New Hampshire, the same difficulty occurred as on occasion of the Louisbourg expedition. The governor had no au- thority to consent to the issue of bills of credit, but Shirley removed that obstacle, by suggesting to him, that as the ministry did not disapprove what he had done before, so there was no reason to fear it now ; and that the importance of the service, and the ne- cessity of the case, would justify his conduct. The demand at first, was for levy money and victualling. The arms and pay of the troops were to be furnished by the crown ; but it was afterwards found necessary that the several governments should provide clothing, transports and stores, and depend on a reimburse- ment from the British parliament. The assembly was immediately convened, and voted an encouragement for enlisting 1,000 men, or more, if they could be raised ; with a bounty of 30/. currency, and a blanket to each man, besides keep- ing two armed vessels in pay. Col. Atkinson was appointed to the command of the troops ; 800 mea were enlisted and ready for embarkation by the be- ginning of July. Transports and provisions were 490 THE HISTORY OF AMERICA. prepared, and the men waited impatiently all sum- mer for employment. Neither the general nor any orders arrived from England ; the fleet, which was said to be destined for the expedition, sailed seven times from Spithead, and as often returned. Two regiments only were sent from Gibraltar, to Louis- bourg, to relieve the New England men, who had gt rrisoned it since the conquest. It is much easier to write the history of an active campaign, than to trace the causes of inaction and disappointment; and it is in vain to supply the place of facts by conjecture. In this time of suspense, Sir Peter Warren and Sir William Pepperell having arrived at Boston, from Louisbouig, Shirley had an opportunity of consulting them, and such other gentlemen as he thought proper, on the affair of the Canada expedi- tion. The season was so far advanced, that a fleet oould hardly be expected from England; or if it should arrive, it would be too late to attempt the navigation of the river St. Lawrence. Cut as a sufficient body of the troops might be assembled at Albany, it was judged prudent to employ them in an attempt against the French fort at Crown Point. At the same time Clinton, governor of New York, solicited and obtained the friendly assistance of the Six Nations of Indians, on the borders of his pro- vince. It was thought, that if this attempt should be made, the alliance with these Indians would be strengthened and secured, and the frontiers would be relieved from the horrors of desolation and cap- tivity, to which they were continually exposed. In pursuance of this plan, the forces of New Hamp- shire were ordered to hold themselves in readiness to march to Albany ; but, it being discovered that the small-pox was there, the rendezvous was ap- pointed at Saratoga and the adjacent villages. No sooner was this plan resolved on, and prepara- tions made to carry it into execution, than accounts were received of danger which threatened Annapolis from a body of French and Indians at Minas, and the probable revolt of the Acadians. It was thought that Nova Scotia would be lost if some powerful succour were not sent thither. Orders were accord- ingly issued for the troops of Massachusetts, Rhode Island, and New Hampshire, to embark for that place, and "drive the enemy out of Nova Scotia." But, within a few days more, the whole country was alarmed, and thrown into the utmost consternation, by reports of the arrival of a large fleet and army from Frsnce, at Nova Scotia, under the command of the Duke d'Anville. It was supposed that their object was to recover Louisbourg to take Anna- polis to break up the settlements on the eastern coast of Massachusetts and to distress, if not at- tempt the conquest of the whole country of New England. On this occasion, the troops destined for Canada found sufficient employment at home, and the militia was collected to join them; the old forts on the sea-coast were repaired, and new ones were erected. A new battery, consisting of sixteen guns of thirty-two and twenty-four pounds shot, was ad- ded to fort William and Mary, at the entrance of Pascataqua harbour; and another, of nine thirty-two pounders, was placed at the point of Little harbour These works were supposed to be sufficient to pre- vent a surprisal; military guards were appointed; and in this state of fear and anxiety the people were kept for six weeks, when some prisoners who had been released by the French, brought the most af- fecting accounts of the distress and confusion on board the fleet. It was expected by the people in New England, that an English fleet would have Allowed them to America. This expectation was grounded on some letters from England, which Shir- ey had received and which he forwarded by express to Admiral Townsend, at Louisbourg. The letters were intercepted by a French cruiser, and carried nto Chebucto, where the fleet lay. They were opened in a council of war, and caused a division mong the officers; which added to the sickly con- dition of the men. and the damage which the fleet iiad sustained by storms, and their loss by ship- wrecks, dejected their commander to that degree, that he put an end to his life by poison; and the second in command fell on his sword. These me- lancholy events, disconcerted their first plan. They then resolved to make an attempt on Annapolis; but when they had sailed from Chebucto, they were overtaken by a violent tempest off Cape Sable, and those ships which escaped destruction returned singly to France. Nova Scotia was not yet out of danger. The French and Indians who, during the stay of the fleet at Chebucto, had appeared before Annapolis, but on their departure retired, were still in the peninsula; and it was thought necessary to dislodge them. For this purpose Shirley sent a body of the Massachu- setts forces, and pressed the governors of Rhode Is- land and New Hampshire to send part of theirs. Those from Rhode Island, and one transport from Boston, were wrecked on the passage. The armed vessels of New Hampshire, with 200 men, went to Annapolis; but the commander of one of them, in- stead of landing his men, sailed across the bay of Funda into St. John's river, where meeting with a French snow, and mistaking her for one of th^ Rhode Island transports, he imprudently sent his boat with eight men on board, who were made prisoners, and the snow escaped. The sloop instead of returning to Annapolis, came back to Portsmouth. Theso misfortunes and disappointments had very seriou.* ill consequences. (1747.) The Massachusetts forces who were at Nova Scotia, being inferior in number to the French, and deceived by false intelligence, were surprised in the midst of a snow storm at Minas, and after an obstinate resistance were obliged to capitulate. Their commander, Col. Arthur Noble, and about sixty men were killed, and fifty were wounded. The enemy being provided with snow- shoes made forced marches, and ours being destitute of them were unable to escape. When the alarm occasioned by the French fleet had subsided, Atkinson's regiment marched into the country to cover the lower part of the frontiers, and encamped near the shore of Wiuipiseogee lake, where they passed the winter and built a slight fort. They were plentifully supplied with provisions, ami had but little exercise or discipline. Courts mar- tial were not instituted, nor offences punished. The officers and men were tired of the service, but were not permitted to enter on any other business lest orders should arrive from England. Some were employed in scouting some in hunting or fishing and some deserted. Shirley was so intent on attacking Crown Point, that he even proposed to march thither in the win- ter, and hud the address to draw the assembly of Massachusetts into an approbation of this project. He enlarged his plan, by proposing that the Now Hampshire troops should at the same time go by the way of Connecticut river, to the Indian village of St. Francis, at the distance of 200 miles, and destroy it; while the troops from Massachusetts. Connecti- I cut, and New York, should gn by the way of the UNITED STATES. 491 lakes to Crown Point. The governor of New York would have consented to this wild project, on ac- countof the Indian allies, who were impatientfor war, but it was happily frustrated by the prudence of the Connecticut assembly, who deemed the winter an improper season for so great an undertaking, and deferred their assistance till the ensuing spring. At the same time the small pox prevailed in the settle- ments above Albany, through which the forces must have marched ; and that distemper was then an ob- ject of much greater dread than the storms of win- ter, or the face of an enemy. To finish what relates to 'the Canada forces, it can only be said, that excepting some who were employed on the frontiers, they were kept in a state of military indolence, till the autumn of the ensuing year, when by order from the Duke of Newcastle they were dis- banded, and paid at the same rate as the king's troops. The governors drew bills on the British treasury, which were negociated among the mer- chants at 7 and 800f. per cent. ; and the parliament granted money to reimburse the charges of the equipment ana subsistence of these forces. The state of the frontiers now demands our atten- tion. (1745.) By the extension of the boundaries of the province, several settlements which had been made by the people of Massachusetts, and under the authority of grants from their general court, had fallen within New Hampshire. In one of them stood Fort Dummer, on the west side of Connecticut river, and within the lately extended line of New Hampshire. This fort had been erected and main- tained at the expense of Massachusetts ; but when it was found to be within New Hampshire, the go- vernor was instructed by the crown to recommend to the assembly the future maintenance of it. In the same assembly, which had so zealously entered upon the expedition against Cape Breton, this matter was introduced ; but a considerable majority of the lower house declined making any grant for this pur- pose, and adduced the following reasons, viz. That the fort was fifty miles distant from any towns which had been settled by the government or people of New Hampshire ; that the people had no right to the lands which, by the dividing line, had fallen within New Hampshire; notwithstanding the plau- sible arguments which had been used to induce them to bear the expense of the line namely, that the land would be given to them, or else would be sold to pay that expense ; that the charge of maintaining that fort, at so great a distance, and to which there was no communication by roads, would exceed what had been the whole expense of government before the line was established ; that the great load of debt contracted on that account, and the yearly support of government, with the unavoidable expenses of the war, were as much as the people could bear ; that if they should take upon them to maintain this fort, there was another much better and more convenient fort at a place called Number-four, besides several other settlements, which they should also be obliged to defend ; and finally, that taere was no danger that these forts would want support, since it was the interest of Massachusetts, by whom they were erected, to maintain them as a cover to their frontier. When these reasons were given, the governor dis- solved the assembly and called another, to whom he recommended the same measure in the most pressing terms; telling them, " that it was of the last con- sequence to the present and future prosperity of the government ; that their refusal would lessen them in the esteem of the king and his ministers, and strip ' the children yet unborn of their natural right ; and deprive their brethren who were then hazarding their lives before the walls of Louisbourg of their just expectations, which were to sit down on that valuable part of the province." But his eloquence had no effect. They thought it unjust to burden their constituents with an expense which could yield them no profit, and afford them no protection. When it was determined that New Hampshire would make no provision for fort Dummer, the as- sembly of Massachusetts continued its usual support, and also provided for the other posts on Connecticut river and its branches, which were within the limits of New Hampshire. They afterwards petitioned the king, to deduct that charge out of the reimburse- ment which the parliament had granted to New Hampshire, for the Canada expedition ; but in this they were defeated, by the vigilance and address of Thomlinson, the agent of New Hampshire. Most of the frontier towns of New Hampshire, at that time, were distinguished by no other than by Indian or temporary names. It may be convenient to compare them with their present names. On Connecticut river, and its eastern branches, were Number-four, Great Meadow, Great Fall, Fort Dummer, Upper Ashuelot, and Lower Ashuelot; now respectively called, Charlestown, Westmore- land, Walpole, Hinsdale, Keene, and Swansey. On Merrimack river and its branches were, Penacook, Suncook, Contoocook, New Hopkinton, Souhegan east, and Souhegan west; now respectively called, Concord, Pembroke, Boscawen, Hopkinton, Merri- mack, and Amherst. On Pascataqua river and its branches were, the townships of Nottingham, Bar- rington and Rochester. Besides the forts which were maintained at the public expense, there were private houses enclosed with ramparts, or palisades of timber, to which the people who remained on the frontiers retired ; these private garrisoned houses were distinguished by the names of the owners. The danger to which these distressed people were constantly exposed did not permit them to cultivate their lands to any advan- tage. They were frequently alarmed when at labour in their fields, and obliged either to repel an attack, or make a retreat. Their crops were often injured, and sometimes destroyed, either by their cattle get- ting into the fields where the enemy had broken the fences, or because they were afraid to venture out, to collect and secure the harvest. Their cattle and borses were frequently killed by the enemy, who cut the flesh from the bones, and took out the tongues, which they preserved for food, by drying in smoke. Sometimes they were afraid even to milk their cows, though they kept them in pastures as near as pos- sible to the forts. When they went abroad, they were always armed ; but frequently they were shut up for weeks together in a state of inactivity. The history of a war on the frontiers can be little else than a recital of the exploits, the sufferings, the escapes, and deliverances of individuals, of single families, or small parties. The first appearance of the enemy on the western frontier was at the Great Meadow, sixteen miles above fort Dummer. Two Indians took William Phips, as he was hoeing his corn. When they had carried him half a mile, one of them went down a steep hill to fetch something which had been left. In his absence, Phips, with iis own hoe, knocked down the Indian who was with him ; then seizing his gun, shot the other as he ascended the hill. Unfortunately, meeting with three others of the &ame party, they killed him. The la- 492 THE HISTORY OF AMERICA. dian whom he knocked down died of his wound. The same week they killed Josiah Fisher of upper Ashuelot. No other damage was done for three months, when a party of twelve Indians approached the fort at Great Meadow, and took Nehemiah How, who was at a little distance from the fort, cutting wood. The fort was alarmed, and one Indian was killed by a shot from the rampart ; but no attempt was made to rescue the prisoner. As they were leading him away, by the side of the river, they espied a canoe coming down, with two men, at whom they fired, and killed David Rugg ; but Robert Baker got to the opposite shore and escaped. Proceeding farther, they met three other men, who, by skulking under the bank, got safe to the fort. One of them was Caleb How, the prisoner's son. When they came opposite to Number-four, they made their captive write his name on a piece of bark, and left it there. Having travelled seven days westward, they came to a lake, where they found five canoes, with corn, pork, and tobacco. In these canoes they embarked; and having stuck the scalp of David Rugg on a pole, proceeded to the fort at Crown Point, where How received humane treatment from the French. He was then carried down to Quebec, where he died in prison. He was a useful man, greatly lamented by his friends and fellow-captives. (1746.) The next spring, a party of Indians ap- peared at Number-four, where they took John Spafford, Isaac Parker, and Stephen Farnsworth, as they were driving a team. Their cattle were found dead, with their tongues cut out. The men were carried to Canada, and, after some time, returned to Boston, in a flag of truce. Within a few days a large party, consisting of fifty, laid a plan to surprise the fort, at Upper Ashuelot. They hid themselves in a swamp, in the evening, intending to wait till the men had gone out to their work, in the morning, and then rush in. Ephraim Dorman, who was abroad very early, discovered them and gave the alarm. He bravely defended himself against two Indians, and stripped one of his blanket and gun, which he carried into the fort. John Bullard, and the wife of Daniel M 'Kenny, were killed. Nathan Blake was taken and carried to Canada, where he remained two years. They burned several houses and barns ; and from the human bones found among the ashes, it was thought that some of the enemy fell and were con- cealed in the flames. About the same time a party came down to New Hopkinton, where they entered a garrisoned house, and found the people asleep, the door having been left open by one who had risen early and gone out to hunt. Eight persons were thus taken ; Samuel Burbank and his two sons, David Woodwell, his wife, two sons, and a daughter. Burbank and the wife of Woodwell died in captivity. Woodwell and three of the children returned in a flag of truce to Boston. The enemy were scattered in small parties, on all the frontiers. At Number-four, some women went out to milk their cows, with Major Josiah Willard, and several soldiers for their guard : eight Indians, who were concealed in a barn, fired on them, and killed Seth Putnam ; as they were scalping him, Willard and two more fired on them, and mortally wounded two, whom their companions carried oil. At Cantoocook, five white men and a negro were fired at. Elisha Cook and the nepro were killed. Thomas Jones was taken, aud died in Canada. At lower Ashuelot, they took Timothy Brown and Robert Moffat, who were carried to Canada, and returned. At the same time a party lay about the fort at upper Ashuelot. As one of 'them knocked at the gate in the night, the centinel fired through the gate, and gave him a mortal wound. The danger thus increasing, a reinforcement was sent by the Massachusetts assembly, to these dis- tressed towns. Captain Paine, with a troop, came to Number-four ; and about twenty of his men, going to view the place where Putnam was killed, fell into an ambush. The enemy rose and fired, and then endeavoured to cut off their retreat. Captain Phi- neas Stevens, with a party, rushed out to their re- lief: a skirmish ensued, in which five men were killed on each side, and one of ours was taken. The Indians left some of their guns and blankets behind. In about a month after this, another engagement happened at the same place. As Captain Stevens and Captain Brown were going into the meadow, to look for their horses, the dogs discovered an ambush, which put the men into a posture for action, and gave them the advantage of the first fire. After a sharp encounter, the enemy were driven into a swamp, drawing away several of their dead. In this action only one man was lost. Several blankets, hatchets, spears, guns, and other things, were left on the ground, which were sold for forty pounds old tenor. This was reckoned " a great booty from such beggarly enemies." At Bridgman's fort near fort Dummer, William Robins and James Baker were killed in a meadow. Daniel How and John Beeman were taken. How killed one of the Indians before he was taken. When the people wanted bread they were obliged to go to the mills with a guard, every place being full of danger. A party who went to Hinsdalc's mill, with Colonel Willard at their head, in search- ing round the mill, discovered an ambush. The enemy were put to flight with the loss of their packs. At Number-four, one Phillips was killed; and as some of the people were bringing him into the fort, they were fired upon ; but none were hurt. Having burned some buildings, and killed some cattle, the enemy went and ambushed the road near Winches- ter, where they killed Joseph Rawson. Whilst the upper settlements were thus suffering, the lower towns did not escape. A party of Indians came down to Rochester, within twenty miles of Portsmouth. Five men were at work in a field, having their arms at hand. The Indians concealed themselves; one of them fired, with a view to induce the men to discharge their pieces, which they did. The enemy then rushed upon them before they could load again. They retreated to a small de- serted house, and fastened the door. The Indians tore off the roof, and with their guns and tomahawks dispatched John Wentworth and Gersham Downs. They wounded John Richards ; and then cross- ing over to another road, came upon some men who were at work in a field, all of whom escaped ; but they took Jonathan Door, a boy, as he was sitting on a fence. Richards was kindly used, his wounds were healed, and after eighteen months he was sent to Boston in a flag of truce. Door lived with the Indians, and acquired their manners and habits; but, after the conquest of Canada, returned to his native place. Soon after this, another man was killed at Ro- chester. Two men were surprised, and taken at Contoocook; aud a large party of Indians lay ia UNITED STATES. 493 ambush at Penacook, with an intention to attack the people, while assembled for public worship; but seeing them go armed to their devotions, they waited till the next morning, when they killed five and took two. In these irritating skirmishes the summer was spent ; till a large body of French and Indians at- tacked Fort Massachusetts, at Hoosuck. This fort was lost for want of ammunition to defend it. After this success, the enemy remained quiet during the rest of the summer. The prospect of an expedition to Canada had in- duced many of the soldiers who were posted on the frontiers to enlist into the regiments, because they preferred active service to the dull routine of a gar- rison. The defence of the western posts was not only hazardous, but ineffectual; and some persons in the north-western part of Massachusetts thought it inexpedient to be at the charge of defending a territory which was out of their jurisdiction. Their petitions prevailed with the assembly, to withdraw their troops from the western parts of New Hamp- shire. The inhabitants were then obliged to quit their estates. They deposited in the earth such fur- niture and utensils as could be saved by that means ; they carried off on horseback such as were portable ; and the remainder, with their buildings, was left as a prey to the enemy, who came and destroyed, or carried away, what they pleased. Four families, who remained in Shattuck's Fort, (Hinsdale), de- fended it against a party of Indians, who attempted to burn it. Six men only were left in the fort at Number-four, who in the following winter deserted it; and it was wholly destitute for two months. In this time some gentlemen, who understood the true interest of the country, prevailed on the assem- bly of Massachusetts to resume the protection of those deserted places ; and to employ a sufficiency of men, not only to garrison them, but to range the woods, and watch the motions of the enemy. (1747.) In the latter end of March, Captain Phinehas Stevens, who commanded a ranging com- pany of thirty men, came to Number-four; and, finding the fort entire, determined to keep possession of it. He had not been there many days, when he was attacked by a very large party of French and Indians, commanded by M. Debeline. The dogs, by their barking, discovered that the enemy was near ; which caused the gate to be kept shut beyond the usual time. One man went out to make dis- covery, and was fired on ; but returned with a slight wound only. The enemy, finding that they were discovered, arose from their concealment, and fired at the fort on all sides. The wind being high, they set fire to the fences and log-houses, till the fort was surrounded by flames. Captain Stevens took the most prudent measures for his security; keeping every vessel full of water, and digging trenches un- der the walls in several places ; so that a man might creep through, and extinguish any fire which might catch on the outside of the walls. The fire of the fences did not reach the fort ; nor did the flaming arrows which they incessantly shot against it take effect. Having continued this mode of attack for two days, accompanied with hideous shouts and yells ; they prepared a wheel carriage, loaded with dry faggots, to be pushed before them, that they might set fire to the fort. Before they proceeded to this operation, they demanded a cessation of arms till the sun-rising, which was granted. In the morning, Dcbelirie came up with fifty men, and a flag of truce, which he stuck in the ground. He demanded a parley, which was agreed to. A French officer, with a soldier and an Indian, then advanced ; and proposed that the garrison should bind up a quantity of provisions with their blankets, and having laid down their arms, should be conducted prisoners to Montreal. Another proposal was, that the two com- manders should meet, and that an answer should then be given. Stevens met the French commander, who, without waiting for an answer, began to en- force his proposal, by threatening to storm the fort, and put every man to death, if they should refuse his terms, and kill one of his men. Stevens answered, that he could hearken to no terms till the last extre- mity ; that he was intrusted with the defence of the fort, and was determined to maintain it, till he should be convinced that the Frenchman could per- form what he had threatened. He added, that it was poor encouragement to surrender, if they were all to be put to the sword for killing one man, when it was probable they had already killed more. The Frenchman replied, " Go and see if your men dare to fight any longer, and give me a quick answer." Stevens returned, and asked his men whether they would fight or surrender. They unanimously deter- mined to fight. This was immediately made known to the enemy, who renewed their shouting and firing all that day and night. On the morning of the third day they requested another 'cessation for two hours. Two Indians came with a flag, and proposed, that if Stevens would sell them provisions they would withdraw. He answered, that to sell them provi- sions for money would be contrary to the law of na- tions; but that he would pay them five bushels of corn for every captive, for whom they would give a hostage, till the captive could be brought from Ca- nada. After this answer, a few guns were fired, and the enemy were seen no more. In this furious attack from a starving enemy no lives were lost in the fort, and two men only were wounded. No men could have behaved with more in- trepidity in the midst of such threatening danger. An express was immediately dispatched to Boston, and the news was there received with great joy. Com- modore Sir Charles Knowles was so highly pleased with the conduct of Capt. Stevens, that he presented him with a valuable and elegant sword, as a reward for his bravery. From this circumstance, the town- ship, when it was incorporated, took the name of Charlestown. Small parties of the enemy kept hovering, and sometimes discovered themselves. Sergeant Phelps killed one near the fort, and escaped unhurt, though fired upon and pursued by two others. Other parties went farther down the country; and at Rochester they ambushed a company who were at work in a field. The ambush was discovered by three lads, John and George Place, and Paul Jen- nens. The Indians fired upon them. John Place returned the fire and wounded an Indian. Jennens presented his gun but did not fire ; this prevented the enemy from rushing upon them, till the men from the 'field came to their relief and put the In- dians to flight. At Penacook, a party of the enemy discovered themselves by firing at some cattle. They were pursued by fifty men, and retreated with such pre- cipitation as to leave their packs and blankets with other things behind. One man had his arm broken in this conflict. About the same time a man was killed there who had just returned from Cape Bre- ton, after an absence of two years. Another was killed at Suncook; and at Nottingham, Robert 401 THE HISTORY OF AMERICA. Beard, John Folsom, and P^lizabeth Simpson su fered the same fate. In the autumn, Major Willard and Captain Alex ander wounded and took a Frenchman, near Win Chester, who was conducted to Boston and returne to Canada. Soon after, the enemy burned Bridg man's fort (Hinsdale), and killed several persons and took others from that place, and from Numbei four in the ensuing winter. No pursuit could b made, because the garrison was not provided witl snow-shoes, though many hundreds had been paic for by the government. (1748.) The next spring, Captain Stevens wa again appointed to command at Number-four, with a garrison of 100 men; Captain Humphrey Hobb being second in command. A scouting party o eighteen was sent out under Capt. Eleazer Melvin They discovered two canoes in Lake Champlain, a which they fired. The fort at Crown Point wai alarmed, and a party came out to intercept them Melvin crossed their track and came back to Wes River, where as his men were diverting themselvei by shooting salmon, the Indians suddenly cam< upon them and killed six. The others came in a different times to Fort Dummer. On a Sabbath morning, at Rochester, the wife o Jonathan Hodgdon was taken by the Indians as sh( was going to milk her cows; she called aloud to her husband; the Indians would have kept her quiet but as she persisted in calling they killed her, ap parently contrary to their intentions. Her husband heard her cries, and came to her assistance at the instant of her death. His gun missed fire and he escaped. The alarm occasioned by this action pre- vented greater mischief. The next month, they killed three men belonging to Hinsdale's fort, Nathan French, Joseph Richard- son, and John Frost. Seven were taken; one o: whom, William Bickford, died of his wounds. Capt. Hobbs and forty men being on a scout near Wesl River, were surprised by a party of Indians, with whom they had a smart encounter of three hours continuance. Hobbs left the ground, having had three men killed and four wounded. The same party of the enemy killed two men and took nine, between fort Hinsdale and fort Dummer. (1749.) The cessation of arms between the belli- gerent powers did not wholly put a stop to the in- cursions of the enemy ; for after it was known here, and after the garrison of Number-four was with- drawn, excepting fifteen men, Obadiah Sortwell was killed, and a son of Capt. Stevens was taken and carried to Canada, but he was released and returned. During this affecting scene of devastation and captivity, there were no instances of deliberate mur- der nor torture exercised on those who fell into the hands of the Indians ; and even the old custom of making them run the gauntlet was in most cases omitted. On the contrary there is an universal testimony from the captives who survived and re- turned, in favour of the humanity of their captors. When feeble, they assisted them in travelling; and in cases of distress from want of provision, they shared with them an equal proportion. A singular instance of moderation deserves remembrance. An Indian had surprised a man at Ashuelot; the man asked for quarter, and it was granted: whilst the Indian was preparing to bind him, he seized the Indian's gun, and shot him in one arm. The In- dian, however, secured him ; but took no other re- venge than, with a kick, to say " You dog, how could you treat me so ?" The gentleman from whom this information came, had frequently heard the story both from the captive and the -captor. The latter related it as an instance of English perfidy ; the former of Indian lenity. There was a striking difference between the manner in which this war was managed, on the part of the English, and on the part of the French. The latter kept out small parties con- tinually engaged in killing, scalping, and taking prisoners; who were sold in Canada and redeemed by their friends at a great expense. By this mode of conduct, the French made their enemies pay the whole charge of their predatory excursions, besides reaping a handsome profit to themselves. On the other hand, the English attended only to the do- fence of the frontiers; and that in such a manner, as to leave them for the most part insecure. No parties were sent to harass the settlements of the French. If the whole country of Canada could not be subdued, nothing less could be attempted. Men were continually kept in pay, and in expectation of service, but spent their time ciiher in garrisons, or camps, or in guarding provisions wheu sent to the several forts. Though large rewards were promised for scalps aud prisoners, scarcely any were ob- tained unless by accident. A confusion of councils, and a multiplicity of directors, caused frequent changes of measures, and delays in the execution of them. The forts were ill supplied with ammunition, provisions, clothing, and snow-shoes. When an alarm happened, it was necessary cither to bake bread, or dress meat, or cast bullets, before a pursuit could be made. The French gave commissions to none but those who had distinguished themselves by some exploit. Among us, persons frequently ob- tained preferment for themselves or their friend.-, by making their court to governors, and promoting favourite measures in town meetings, or general as- semblies. A community recovering from a war, like an in- lividual recovering from sickness, is sometimes in danger of a relapse. This war was not decisive, and the causes which kindled it were not removed. One of its effects was, that it produced a class of men, who, having been for a time released from laborious occupations, and devoted to the parade of military life, did not readily listen to the calls of ndustry. To such men peace was burdensome, and the more so, because they had not the advantage of half pay. The interval between this and the suc- ceeding war was not long. The peace took place n 1749, and in 1754 there was a call to resume the sword. Purchase of Mason's claim Controversy about repre- sentation Plan of extending the settlements Jea- lousy and resentment of the savages. Whilbt the people were contending with an enemy abroad, an attempt was making at home to revive he old claim of Mason, which their fathers had withstood, and which for many years had lain dor- mant, till recalled to view by the politicians of Mas- achusetts, as already related. After Thomlinson lad engaged with Mason, for the purchase of his itle, nothing more was heard of it, till the contro- ersy respecting the lines was finished, and 'Went- rorth was established in the seat of government, nd in the office of surveyor of the woods. (1744.) ^he agreement which Thomlinson had made, was in ehalf of the representatives of New Hampshire ; nd the instrument was lodged in the hands of the overnor, who sent it to the house for their perusal UNITED STATES. 495 and consideration. It lay on their table a long time, without any formal notice. Quickening mes- sages were sent time after time ; but the affairs of the war, and Mason's absence at sea, and in the expedition to Louisbourg, where he had a company, together with a disinclination in the house, which was of a different complexion from that in 1739, prevented any thing from being done. (1745.) In the mean time Mason suffered a fine and recovery, by which the entail was docked, in the courts of New Hampshire, .and he became en- titled to the privilege of selling his interest. He also presented a memorial to the assembly, in which he told them that he would wait no longer ; and unless they would come to some resolution, he should take their silence as a refusal. (174G.) Intimations were given, that if they should not ratify the agreement, a sale would be made to other persons, who stood ready to purchase. At length the house came to a resolution, " that they would comply with the agree- ment, and pay the price; and that the waste lands should be granted by the general assembly, to the inhabitants, as they should think proper." A com- mittee was appointed to treat with Mason about fulfilling his agreement, and to draw the proper in- struments of conveyance ; but he had on the same day, by deed of sale, for the sum of 150U/. currency, conveyed his whole interest to twelve persons, in fifteen shares. When the house sent a message to the council to inform them of this resolution, the council objected to that clause of the resolution, " that the lands be granted by the general assem- bly," as contrary to the royal commission and in- structions; but if the house would address the king, for leave to dispose of the lauds, they said that they were content. These transactions raised a great ferment among the people. Angry and menacing words were plen- tifully thrown out against the purchasers ; but they had prudently taken care to file in the recorder's office a deed of quit-claim to all the towns which had been settled and granted within the limits of their purchase. In this quit-claim they inserted a clause in the following words : " excepting and reserving our respective rights, titles, inheritance, and pos- sessions, which we heretofore had, in common or severally, as inhabitants or proprietors of houses or lands, within any of the towns, precincts, districts, or villages aforesaid." This precaution had not at first its effect. A committee of both houses was ap- pointed to consider the matter, and they reported, that " for quieting the minds of the people, and to prevent future difficulty, it would be best for the province to purchase the claim, for the use and benefit of the inhabitants ; provided that the pur- chasers would sell it for the cost and charges." This report was accepted, concurred, and consented to, by every branch of the legislature. A committee was appointed to consult counsel, and agree on proper instruments of conveyance. The same day, this committee met with the purchasers, and con- ferred on the question, whether they would sell on the terms proposed ? At the conference, the pur- chasers appeared to be divided, and agreed so far only, as .to withdraw their deed from the recorder's office. The committee reported that they could make no terms with the purchasers ; in consequence of which the deed was again lodged in the office ; n 1 recorded. ,- ' Much blame was cast on the purchasers, for clan- destinely taking a bargain out of the hands of the assembly. They said in their vindication, " that they saw no prospect of an effectual purchase by the assembly, though those of them who were members voted for it, and did what they could to encourage it; that they" would have gladly given Mason as much money for his private quit-claim to their se- veral rights in the townships already granted and settled; that Mason's claim had for many years hung over the province, and that on every turn they had been threatened with a proprietor; that Mason's deed to a committee of Massachusetts, in behalf of that province, for a tract of laud adjoining the boun- dary line, had been entered on the records, and a title under it set up, in opposition to grants made by the governor and council; that it was impossible to say where this evil would stop, and therefore they thought it most prudent to prevent any farther ef- fects of it, by taking up with his offer, especially as they knew that he might have made a more ad- vantageous bargain, with a gentlemen of fortune in the neighbouring province ; but that they were still willing to sell their interest to the assembly, for the cost and charges ; provided that the land be granted by the governor and council; and that the agreement be madewithin one month from the date of their letter." Within that month the alarm caused by the ap- proach of D'Anville's fleet put a stop to the nego- ciation. After that danger was over, the affair was revived; but the grand difficulty subsisted. The purchasers would not sell, but on condition that the lands should be granted by the governor and coun- cil. (1747.) The assembly thought that they could have no security that the land would be granted to the people; because the governor and council might grant it to themselves, or to their dependents, or to strangers, and the people who had paid for it might be excluded from the benefit which they had pur- chased. A proposal was afterwards made, that the sale should be to feoffees in trust for the people; and a form of a deed for this purpose was drawn. To this proposal, the purchasers raised several ob- jections; and as the assembly had not voted any money to make the purchase, they declined signing the deed; and no farther efforts being made by the assembly, the purchase rested in the hands of the proprietors. In 1749 they took a second deed, com- prehending all the Masonian grants, from Naum- keag to Pascataqua; whereas the former deed was confined to the lately established boundaries of New Hampshire. This latter deed was not record- ed till 1753. (1748.) After they had taken their first deed, the Masonians began to grant townships, and continued granting them to petitioners, often without fees, and always without quit-rents. They quieted the proprietors of the towns on the western side of the Merrimack, which had been granted by Massachu- setts, before the establishment of the line; so that they went on peaceably with their settlements. The terms of their grants were, that the grantees should, within a limited trine, erect mills and meeting-houses, clear out roads, and settle ministers. In every town- ship, they reserved one right for the first settled mi- nisier, another for a parsonage, and a third for a school. They also reserved fifteen rights for them- selves, and two for their attorneys; all of which were to be free from taxes, till sold or occupied. By virtue of these grants, many townships were settled, and the interest of the people became so united with that of the proprietors, that the preju- dice against them gradually abated; and, at length, even some who had been the most violent opposers, acquiesced in the safety and policy of their measures, 196 THE HISTORY OF AMERICA. though they could not concede to the validity of their claim. The heirs of Allen menaced them by advertise- ments, and warned the people against accepting their grants. They depended on the recognition of Allen's purchase, in the charter of Massachusetts, as an argument in favour of its validity ; and sup- posed, that because the ablest lawyers in the king- dom were consulted, and employed in framing that charter, they must have had evidence of the justice of his pretensions, before such a reservation could have been introduced into it. So strong was the impression which this argument had made on the minds of speculators in England, that large sums had been offered to some of Allen's heirs in that kingdom ; and Thomlinson himself, the first mover of the purchase from Mason, in behalf of New Hamp- shire, had his doubts; and would have persuaded the associates to join in buying Allen's title also, even at the price of 2,000/. sterling, to prevent a more expensive litigation, the issue of which would be uncertain. But they, being vested with the prin- cipal offices of government; being men of large property, which was also increased by this purchase ; and having satisfied themselves of the validity of their title, by the opinions of some principal lawyers, both here and in England, contented themselves with the purchase which they had made; and by maintaining their possession, extended the cultiva- tion of the country within their limits. The words of the original grants to Mason de- scribe an extent of sixty miles from the sea, on each side of the province, and a line to cross over from the end of one line of sixty miles to the end of the other. The Masonian proprietoi'S pleaded, that this cross line should be a curve, because no other line would preserve the distance of sixty miles from the sea, in every part of their western boundary. No person had any right to contest the point with them but the king. It was not for the interest of his go- vernor and council to object; because several of them, and of their connexions, were of the Masonian propriety; and no objection was made by any other persons, in behalf of the crown. Surveyors were employed, at several times, to mark this curve line ; but on running, first from the southern, and then from the eastern boundary, to the river Pemigewas- set, they could not make the lines meet. Contro- versies were thus engendered between the grantees of crown lauds and those of the Masonians, which subsisted for many years. In some cases, the dis- putes were compromised, and in others, left open for litigation; till, by the revolution, the government fell into other hands. This was not the only controversy which, till that period, remained undetermined. When the exten- sion of the boundary lines gave birth to a demand for the maintenance of fort Dummer, the governor had the address to call to that assembly, into which he introduced this demand, six new members, who appeared as representatives for six towns and dis- tricts, some of which had been by the southern line cut off from Massachusetts. It was supposed that his design in calling these members was to facilitate the adoption of fort Dummer. Other towns, which ought to have had the same privilege extended to them, were neglected. When the new members appeared in the house, the secretary, by the governor's order, administered (o them "the usual oaths; after which they were asked, in the name of the house, by what authority they came thither ? They answered that they were chosen by virtue of a writ, in the king's name, delivered to their respective towns and districts by the sheriff. The house re- monstrated to the governor, that these places had no right by law, nor by custom, to send persons to represent them, and then debarred them from the privilege of voting in the choice of a speaker : two only dissenting out of nineteen. Several sharp mes- sages passed between the governor and the house on that occasion, but the pressing exigencies of the war, and the proposed expedition to Cape Breton, obliged him for that time to give way, and suffer his new members to be excluded till the king's pleasure could be known. The house vindicated their proceedings, by ap- pealing to their records; from which it appeared, that all the additions which had been made to the house of representatives were in consequence of their own votes, either issuing a precept themselves, or requesting the governor to do it; from which they argued, that no town or parish ought to have any writ for the choice of a representative but by a vote of the house, or by an act of the assembly. On the other side it was alleged, that the right of sending representatives was originally founded on the royal commission and instructions, and therefore that the privilege might, by the same authority, be lawfully extended to the new towns, as the king, or his go- vernor, by advice of council, might think proper. The precedents on both sides were undisputed, but neither party would admit the conclusion drawn by the other. Had this difficulty been foreseen, it might have been prevented when the triennial act was made in 1727. The defects of that law began now to be severely felt, but could not be remedied. The dispute having thus subsided, was not revived during the war; but as soon as the peace was made, and the king had gone on a visit to his German do- minions, an additional instruction was sent from the lords justices, who presided in the king's absence, directing the governor to dissolve the assembly then subsisting; and when another should be called, to issue the king's writ to the sheriff, commanding him to make out precepts to the towns and districts, whose representatives had been before excluded; and that when they should be chosen, the governor should support their rights. Had this instruction extended to all the other towns in the province, which had not been before represented, it might have been deemed equitable ; but as it respected those only which had been the subject of controversy, it appeared to be grounded on partial information, and intended to strengthen the prerogative of the crown, without a due regard to the privileges of the people at large. (1749.) The party in opposition to the governor became more acrimonious than ever. Richard Waldron, the former secretary, and the confidential friend of Belcher, appeared in the new assembly and was chosen speaker. The governor negatived him ; and ordered the house to admit the new members, and choose another speaker. They denied his power of negativing their speaker and of introducing new members. The style of his messages was peremp- tory and severe ; their answers and remonstrances were calm, but resolute, and in some instances sa- tirical. Neither party would yield ; no business was transacted, though the assembly met about once in a month, and was kept alive, by adjournments and prorogations, for three years. Had he dissolved them, before the time for which they were chosen had expired, he knew, that in all probability, the same persons would be re-elected. UNITED STATES. 497 The effect of this controversy was injurious to the governor, as well as to the people. The public bills of credit had depreciated since this administra- tion began, in the ratio of thirty to fifty-six ; and the value of the governor's salary had declined in the same proportion. The excise could neither be formed nor collected ; and that part of the governor's salary, which was funded upon it, failed. The trea- surer's accounts were unsettled. The soldiers, who had guarded the frontiers in the preceding war, were not paid; nor were their muster-rolls adjusted. The public records of deeds were shut up ; for the re- corder's time having expired, and the appointment being by law vested in the assembly, no choice could be made. No authenticated papers could be ob- tained, though the agent was constantly soliciting for those which related to the controversy about Fort Dummer, at that time before the king and council. (1750, 1751.) When the situation of the province was known in England, an impression to its dis- advantage was made on the minds of its best friends; and they even imagined that the governor's con- duct was not blameless. The language at court was totally changed. The people of New Hampshire, who had formerly been in favour, as loyal and obe- dient subjects, were now said to be in rebellion. Their agent was frequently reproached and morti- fied on their account, and was under great appre- hension that they would suffer, not only in their reputation, but in their interest The agent of Mas- sachusetts was continually soliciting for repayment of the charges of maintaining fort Dummer, and it was in contemplation, to take off a large district from the western part of New Hampshire, and to annex it to Massachusetts, to satisfy them for that expense. Besides this, the paper money of the co- lonies was under the consideration of parliament ; and the province of Massachusetts was rising into favour for having abolished that system of iniquity. The same justice was expected of New Hampshire, since they had the same means in their power by the reimbursement granted to them by parliament for the Cape Breton and Canada expeditions. This money, amounting to about 30,0001. sterling, clear of all fees and commissions, had lain long in the treasury ; and when it was paid to the agent, he would have placed it in the funds, where it might have yielded an interest of three per cent. ; but having no directions from the assembly, he locked it up in the bank. This was a clear loss to them of 900/. per annum. There were some who reflected on the agent, as if he had made an advantage to himself of this money. Had he done it, his own capital was sufficient to have answered any of their demands ; but it was also sufficient to put him above the necessity of employing their money, either in trade or speculation. It had also been suggested, that Thomlinson, at the governor's request, had solicited and procured the instruction, which had occasioned this unhappy stagnation of business. When this suggestion came to his knowledge, he exculpated himself from the charge in a letter which he wrote to a leading member of the assembly, and gave a full account o the matter as far as it had come to his knowledge He said, that the governor himself had stated the facts in his letters to the ministry; concerning his calling of the new members, in 1745, and their ex elusion from the assembly, with the reasons given for it; and had desired ^.o know the king's pleasure and to have directions how to act. That the minis try, without any exception or hesitation, had pro HIST. OF AMER. Nos. 63 & 64. nounced his conduct conformable to his duty. That nevertheless, the Board of Trade had solemnly con- idered the matter, and consulted counsel, and had ummoned him, as agent of the piovince, to attend heir deliberation. Their result was, that as the :rown had an indisputable right to incorporate any own in England, and qualify it to send members ,o parliament, so the same right and power had >een legally given to all the governors in America ; >y means of which, all the assemblies in the king's governments had increased in number, as the colo- nies had increased in settlements. That any other usage in calling representatives was wrong; al- hough it might have been indulged when the pro- vince was under the same governor with Massachu- setts. This was all which passed before the addi- tional instruction came out, which was sent through the hands of the agent. As it was founded on a question concerning the rights and prerogatives of the crown, he argued the absurdity of supposing, either that it had been solicited, or that any attempt to have it withdrawn could be effectual. His advice was, that they should submit to it; because, that under it, they would enjoy the same rights and pri- vileges with their fellow-subjects in England, and in the other colonies; assuring them, that the then reigning prince had never discovered the least in- clination to infringe the constitutional rights of any of his subjects. This advice, however salutary, had not the in- tended effect. Instead of submitting, the party in opposition to the governor framed a complaint against him, and sent it i.o London, to be presented to the king. If they could have prevailed, their next mea- sure would have been, to recommend a gentleman, Sir William Pepperell, of Massachusetts, for his successor. This manoeuvre came to the ears of Thomlinson ; but he was under no necessity to ex- ert himself on this occasion, for the person to whose care the address was intrusted, considering the ab- surdity of complaining to the king against his go- vernor for acting agreeably to his instructions, was advised not to present it. This disappointment vexed the opposition to such a degree, that they would have gladly dissolved the government, and put them- selves under the jurisdiction of Massachusetts, had it been in their power. But finding all their efforts ineffectual either to have the instruction withdrawn, or the governor removed, they consoled themselves with this thought, that it was " better to have two privileges taken from them, than voluntarily to give up one." (1752.) The time for which this assembly was elected, having expired, a new one was called in the same manner. They came together with a spirit of moderation, and a disposition to transact the long neglected business. The members from the new towns quietly took their seats an unexceptionable speaker, Meshech Weare, was elected a recorder was appointed a committee was chosen to settle the treasurer's accounts and a vote was passed for putting the reimbursement money into the public funds in England. The governor's salary was aug- mented, and all things went on smoothly. The party which had been opposed to the governor, de- clined in number and virulence; some had been re- moved by death, others were softened and relaxed; a liberal distribution of commissions, civil and mili- tary, was made ; and an era of domestic reconcilia- tion commenced. The controversy respecting Fort Dummer, and i.he fear of losing a district in that neighbourhood, 3 E 498 THE HISTORY OF AMERICA. quickened the governor to make grants of several townships in that quarter, on both sides of Connec- ticut river, chiefly to those persons who claimed the same lands under the Massachusetts title. The w<*vr being over, the old inhabitants returned to their plantations, and were strengthened by additions to their number. It was in contemplation, to extend the settlements farther up Connecticut river, to the rich meadows of Cohos. The plan was to cut a road to that place to lay out two townships, one on each side of the river, and opposite to each other to erect stockades, with lodgments for 200 men in each township, enclosing a space of fifteen acres, in the centre of which was to be a citadel containing the public buildings and granaries, which were to be large enough to receive all the inhabitants and their moveable effects in case of necessity. As an induce- ment to people to remove to this new plantation, they were to have courts of judicature and other civil privileges among themselves, and were to be under strict military discipline. A large number of persons engaged in this enterprise, and they were the rather stimulated to undertake it, because it was feared that the French, who had already begun to encroach on the territory claimed by the British crown, would take possession of this valuable tract, if it should be left unoccupied. In pursuance of this plan, a party was sent up in the spring of 1752 to view the meadows of Cohos, and lay out the proposed townships: the Indians observed them, and suspected their intentions. The land was theirs, and they knew its value. A party of the Arosaguntacook, or St. Francis tribe, was de- puted to remonstrate against this proceeding. They came to the fort at Number-four, with a flag of truce, pretending that they had not heard of the treaty of peace which had been made with the several Indian tribes. They complained to Captain Stevens, of the encroachment which was meditating on their land, and said that they could not allow the English to settle at Cohos, when they owned more land already than they could improve; and, that if this settlement were pursued, they should think the English had a mind for war, and would resist them. This threat- ening being communicated to the governor of Mas- sachusetts, and by him to the governor of New- Hampshire, threw such discouragement on the pro- ject that it was laid aside. The Indians did not content themselves with re- monstrating and threatening. Two of the same tribe, named Sabatis and Christi, came to Canter- bury, where they were entertained in a friendly manner for more than a month; at their departure, they forced away two negroes, one of whom escaped and returned, and the other was carried to Crown Point and sold to a French officer. A party of ten or twelve of the same tribe, commanded by Captain Moses, met with four young men who were hunting on Baker's river. One of these was John Stark. When he found himself surprised and fallen into their hands, he called to his brother William Stark, who being in a canoe, gained the opposite shore and escaped. They fired at the canoe and killed a young man who was in it. John received a severe beating from the Indians for alarming his brother. They carried him, and his companion Eastman, up Con- necticut river, through several carrying places, and down the lake Memphrimagog to the head-quarters of their tribe. There they dressed him in their finest robes, and adopted him as a son. This early captivity, from which he was redeemed, qualified him to be an expert partisan in the succeeding war; from which station, he afterwards rose to tl-.c rank of brigadier -general in the armies of the United States. (1753.) The next year Sabatis, with another Indian named Plausawa, came to Canterbury ; where, being reproached with the misconduct re- specting the negroes, he and his companion behaved in an insolent manner. Several persons treated ihem freely with strong liquor. One followed them into the woods, and killed them, and, by the help oi' another, buried them; but so shallow, thai their bodies were devoured by beasts of prey, and their bones lay on the ground. By the treaties of peace, it had been stipulated on the one part, that if any of the Indians should commit an act of hostility against the English, their young men should join with the English in reducing such Indians to sub- mission ; and, on the other hand, that if an Eng- lishman should injure any of them, no private re- venge should be taken ; but application should be made to the government for justice. In the autumn of the same year, a conference being held with the eastern Indians by the government of Massachu- setts, a present was made to the Arosaguntacook tribe, expressive of an intention to wipe away the blood. They accepted the present, and ratified the peace which had been made in 1749. (1754.) The two men who killed Sabatis and Plausawa were apprehended and brought to Ports- mouth. A bill was found against them by the grand jury, and they were confined in irons. In the night, before the day appointed for their trial, an armed mob from the country, with axes and crows, forced the prison, and carried them off in triumph. A proclamation was issued, and a reward offered by the governor, for apprehending the rioters ; but no discovery was made, and the action was even deemed meritorious. The next summer another conference was held at Falmouth, at which commissioners from New Hampshire assisted. The Arosaguntacooke did not attend, but sent a message, purporting that the blood was not wiped away. The commissioners from New Hampshire made a handsome present to all the Indians who appeared at this conference ; which ended as usual, in the promise of peace and friendship. The last French and Indian war, which terminated in the conquest of Canada. Controversy concerning the land westward of Connecticut river. By the treaty of Aix la Chappelle, in 1748, it was stipulated, that " all things should be restored, on the footing they were before the war." The island of Cape Breton was accordingly restored to France; but the limits of the French and English territories on the continent were undetermined ; and it was the policy of both nations to gain possession of im- portant passes, to which each had some pretensions, and to hold them, till the limits should be settled by commissioners mutually chosen. These commissi- oners met at Paris ; but came to no decision. By the construction of charters and grants from the. crown of England, her colonies extended indefi- nitely westward. The French had settlements in Canada and Louisiana, and they meditated to join these distant colonies, by a chain of forts and posts from the St. Lawrence to the Mississippi ; and to extend the limits of Canada as far eastward as to command, navigation in the winter, when the great river St. Lawrence is impassable. These claims of territory, extending on the one part from east to west, and on the other from north to south, necessa- rily interfered. The colonies of Nova Scotia, New UNITED STATES 499 York, and Virginia, were principally affected by this interference; and the encroachments made on them by the French, were a subject of complaint, both there and in Europe. (] 754.) It was foreseen that this controversy could not be decided but by the sword ; and the English determined to be early in their preparations. The Earl of Holdcrness, Secretary of State, wrote to the governors of the American colonies, recommending union for their mutual protection and defence. A meeting of commissioners from the colonies, at Al- bany, having been appointed, for the purpose of holding a conference with the six nations, on the subject of French encroachments within their coun- try it was proposed by Governor Shirley to the several governors, that the delegates should be in- structed on the subject of union. At the place appointed the congress was held ; con- sisting of delegates from Massachusetts, New Hamp- shire, Rhode Island, Connecticut, Pennsylvania, and Maryland ; with the lieut.-gcvernor and council ofNew York. They took theirrank in geographical order, be- ginning at the north. One member from each colony was appointed to draw a plan of union ; Hutchin- son, of Massachusetts, Atkinson, of New Hampshire, Hopkins, of Rhode Island, Pitkin, of Connecticut, Smith, of New York, Franklin, of Pennsylvania, and Tasker, of Maryland. The substance of the plan was, that application be made for an act of parliament to form a grand council, consisting of delegates from the several legislative assemblies, subject to the control of a president-general (to be appointed by the crown,) with a negative voice. That this council should enact general laws; ap- portion the quotas of men and money to be raised by each colony; determine the building of forts; regulate the operations of armies ; and concert all measures for the common protection and safety. The delegates of Connecticut alone entered their dissent to the plan, because of the negative voice of the president-general. It is worthy of remark, that this plan for the union of the colonies was agreed to on the fourth day of July, exactly twenty- two years before the declaration of American indepen- dence, and that the name of Franklin appears in both. With the plan of union, a representation was made to the king of the danger in which the colo- nies were involved. Copies of both were laid before the several assemblies. They were fully sensible of their danger from the French; but they appre- hended greater danger from the plan of union. Its fate was singular. It was rejected in America be- cause it was supposed to. put too much power into the hands of the king ; and it was rejected in Eng- land, because it was supposed to give too much power to the assemblies of the colonies. The mi- nistry made another proposal ; that the governor. with one or two members of the council of each colony, should assemble, and consult for the com- mon defence, and draw on the British treasury for the sums expended ; which should be raised by a general tax laid by parliament on the colonies. But this was not a time to push such an alarming innovation ; and when it was found impracticable, the ministry determined to employ their own truops to fight their battles in America, rather than to let the colonists feel their strength, and be directed by their own counsels. To draw some aid however from the colonies was necessary. Their militia might serve as guards, or rangers, or labourers, or do garrison duty, or be employed in other inferior offices; but British troops. commanded by British officers, must have the honour of reducing the French dominions in North America. The savage nations in the French interest were always ready, on the first appearance of a rupture, to take up the hatchet. It was the policy of the French government, to encourage their depredations on the frontiers of the English colonies, to which they had a native antipathy. By this means the French could make their enemies pay the whole ex- pense of the war; for all the supplies which they afforded to the Indians, were amply compensated by the ransom of captives. In these later wars, therefore, we find the savages more dextrous in taking captives, and more tender of them when taken than In former wars, which were carried on with circumstances of greater cruelty. No sooner had the alarm of hostilities, which com- menced between the English and French in the western part of Virginia, spread through the con- tinent, than the Indians renewed their attacks on the frontiers of New Hampshire. A party of them made an assault on a family at Baker's-town, on Pemigewasset river, where they killed a woman, and took several captives. Within three days they killed a man and woman at Stevens town in the same neighbourhood, upon which the settlements were broken up, and the people retired to the lower towns for safety, and the government was obliged to post soldiers in the deserted places. After a few days more they broke into the house of James John- son, at Number-four, early in the morning before any of the family were awake, and took him with his wife and three children, her sister Miriam Wil- lard, and two men, Peter Laboree and Ebenezer Farnsworth. The surprisal was complete and blood- less, and they carried them off undisturbed. The next day Johnson's wife was delivered of a daughter, who from the circumstance of its birth was named Captive. The Indians halted one day, on the wo- man's account, and the next day resumed their march, carrying her on a litter which they made for the purpose, and afterwards put her on horseback. On their march they were distressed for provision, and killed the horse for food ; the infant was nourished by sucking pieces of its flesh. When they arrived at Montreal, Johnson obtained a parole of two months, to return and solicit the means of redemp- tion. He applied to the assembly of New Hamp- shire, and after some delay obtained 150/. sterling. But the season was so far advanced, and the winter proved so severe, that he did not reach Canada till the spring. He was then charged with breaking his parole; a great part of his money was taken from him by violence, and he was shut up with his family in prison, where they took the* small-pox, which they happily survived. After eighteen months, the woman with her sister and two daughters were sent in a cartel ship to England, and thence re- turned to Boston. Johnson was kept in prison three years ; and then with his son returned and met his wife in Boston, where he had the singular ill fortune to be suspected of designs unfriendly to his country, and was again imprisoned; but no evidence being produced against him, he was liberated. His eldest daughter was retained in a Canadian nunnery. The fort and settlement of Number-four, being in an exposed situation, required assistance and sup- port. It had been built by Massachusetts when it was supposed to be within its limits. It was pro- jected by Colonel Stoddard, of Northampton, and was well situated in connection with the other forts on the western frontier, to command all the paths 3E2 500 THE HISTORY OF AMERICA. by which the Indians travelled from Canada to New England. It was now evidently in New Hampshire ; and Shirley, by advice of his council, applied to Wentworth recommending the future maintenance of that post to the care of his assembly ; but they did not think themselves interested in its preserva- tion, and refused to make any provision for it. The inhabitants made several applications for the same purpose, but were uniformly disappointed. They then made pressing remonstrances to the assembly of Massachusetts, who sent soldiers for the defence of that post, and of Fort Dummer, till 1757, when they supposed that the commander in chief of the king's forces would take them under his care, as royal garrisons. It was also recommended to the assembly of New Hampshire to build a fort at Cohos, but this proposal met the same fate. (1755.) The next spring, three expeditions were undertaken against the French forts. One against Fort Duquesne, on the Ohio, was conduct by Ge- neral Braddock, who was defeated and slain. Another against Niagara, by Governor Shirley, which mis- carried; and a third against Crown Point, by Ge- neral Johnson. For this last expedition, New Hampshire raised 500 men, and put them under the command of Colonel Joseph Blanchard. The governor ordered them to Connecticut river, to build a fort at Cohos, supposing it to be in their way to Crown Point. They first marched to Baker's-town, where they began to build batteaux, and consumed time and provisions to no purpose By Shirley's advice they quitted that futile employment, and made a fatiguing march through the woods, by the way of Number-four to Albany. Whilst Johnson lay encamped at Lake George with his other forces, he posted the New Hampshire regiment at Fort Edward. On the 8th of September, he was attacked in his camp by Baron Dieskau, commanding a body of French regular troops, Canadians and savages. On the morning of that day, a scouting party from Fort Edward discovered waggons burning in the road; upon which Captain Nathaniel Folsom was ordered out with eighty of the New Hampshire regi- ment, and forty of New York under Capt. M'Gennis. When they came to the place, they found the wag- goners and the cattle dead, but no enemy was there. Hearing the report of guns toward the lake, they hastened thither; and having approached within two miles, found the baggage of the French army under the care of a guard, whom they attacked and dis- persed. When the retreating army of Dieskau ap- peared, about four of the clock in the afternoon, Folsom posted his men among the trees, and kept up a well-directed fire till night; the enemy retired with great loss, and he made his way to the camp, carrying his own wounded and several French pri- soners, with many of the enemy's packs. This well- timed engagement, in which but six men of Fol- som's were lost, deprived the French army of their ammunition and baggage; the remains of which were brought into camp the next day. After this the regiment of New Hampshire joined the army. The men were employed in scouting, which service they performed in a manner so acceptable, that no other duty was required of them. Parties of them frequently went within view of the French fort at Crown Point; and at one time they brought off the scalp of a French soldier, whom they killed near the gate. After the engagement on the 8th of September, when it was found necessary to reinforce the army ; a second regiment, of 300 men, was raised in New Hampshire, and put under the command of Col. Peter Gilman. These men were as alert and inde- fatigable as their brethren, though they had not op- --rtunity to give such convincing evidence of it e expedition was no farther pursued ; and late in autumn the forces were disbanded and returned home. The exertions made for the reduction of Crown Point not only failed of their object, but proyoked the Indians to execute their mischievous designs against the frontiers of New Hampshire, which were wholly uncovered, and exposed to their full force. Between the rivers Connecticut and St. Francis, there is a safe and easy communication by short carrying-places, with which they were perfectly ac- quainted. The Indians of that river, therefore, made frequent incursions, and returned unmolested with their prisoners and booty. At New Hopkinton, they took a man and a boy ; but perceiving the approach of a scouting party, they fled and left their captives. At Keene they took Benjamin Twitchel, and at Walpole they killed Daniel Twitchel, and a man named Flynt. At the same place Colonel Bellows, at the head of twenty men, met with a party of fifty Indians ; and having exchanged some shot, and killed several of the enemy, he broke through them and got into the fort, not one man of his company being killed or wounded. After a few days, these Indians, being joined by others to the number of 170, assaulted the garrison of John Kilburne, in which were him- self, John Pike, two boys, and several women, who bravely defended the house and obliged the enemy to retire, with considerable loss. Pike was mortally wounded. Some of these Indians joined Dieskau's army, and were in the battle at Lake George. At Number-four, they killed a large number of cattle, and cut off the flesh. At Hinsdale, they attacked a party, who were at work in the woods ; killed John Hardiclay and John Alexander, and took Jonathan Colby ; the others escaped to the fort. Within a few days afterwards, they ambushed Caleb Howe, Hilkiah Grout, and Benjamin Gaffield, as they were returning from their labour in the fields. Howe was killed ; Gaffield was drowned in attempting to cross the river ; and Grout made his escape. The Indians went directly to Bridgman's fort, where the families of these unfortunate men resided. They had heard the report of the guns, and were impatient to learn the cause. By the sound of feet without, it being in the dusk of the evening, they concluded that their friends had returned, and too hastily opened the gate to receive them ; when to their inexpres- sible surprise, they admitted the savages and the three families, consisting of fourteen persons, were made captives. After the defeat and death of Braddock, the chief command of the operations against the enemy fell into the hands of Shirley, who called another Con- gress, at New York, and planned another expedi- tion against Crown Point ; for which purpose, he called on the several governments to raise men and provide stores. A regiment was raised in New Hampshire, the command of which was given to Col. Nathaniel Messerve. (1756.) They also ap- pointed two commissaries, Peter Gilman and Tho- mas Westbrooke Waldron, who resided at Albany, to take care of the stores, whilst the regiment, with the other troops, assisted in building forts and bat- teaux. In the midst of this campaign, Shirley was superseded by the Earl of London ; but the summer passed away in fruitless labour; whilst the French, by their superior alertness, besieged and took the UNITED STATES. 50* English fort at Oswego ; and the regiments of Shir- ley and Pepperrell, who garrisoned it, were sent pri- soners to France. During this summer, the Indians killed Lieut. Moses Willard, and wounded his son at Number-four ; and took Josiah Foster, with his wife and two children, from Winchester. They also wounded Zebulon Stebbins, of Hinsdale, who, with Reuben Wright, discovered an ambush, and prevented the captivity of several persons for whom the Indians were lying in wait. The soldiers of New Hampshire were so expert in every service which required agility, and so ha- bituated to fatigue and danger, that, by the express desire of Lord Loudon, three ranging companies were formed of thorn, who continued in service dur- ing the wiuter as well as the summer. The com- mand of those companies was given to Robert Ro- gers, John Stark, and William Stark. They were eminently useful in scouring the woods, procuring intelligence, and skirmishing with detached parties of the enemy. These companies were kept during the war in the pay of the crown ; and after the peace, the officers were allowed half-pay on the British establishment. (1757.) The next year, another Crown Point ex- pedition was projected by Lord Loudon. The crown was at the expense of stores and provisions, and re- quired of the colonies, to raise, arm, clothe, and pay their quotas of men. Another regiment was raised in New Hampshire, of which Messerve was commander, who went to Halifax with part of his regiment, a body of 100 carpenters, and the three companies of rangers, to serve under Lord Loudon, whilst the other part of the regiment under Lieut.- Colonel Goffe, was ordered by General Webb, who commanded at the westward in the absence of the Earl of Loudon, to rendezvous at Number-four. Before their arrival, a large party of French and Indians attacked the mills in that place, and took Sampson Colefax, David Farnsworth, and Thomas Adams. The inhabitants, hearing the guns, ad- vanced to the mills ; but finding the enemy in force, prudently retreated. The enemy burned the mills ; and in their retreat, took two other men, who were coming in from hunting, viz. Thomas Robins and Asa Spafford. Farnsworth and Robins returned; the others died in Canada. Goffe, with his men, marched through Number- four and joined General Webb at Albany, who posted them at fort William Henry, near lake George, under the command of Col. Munroe, of the 35th British regiment. The French General Montcalm, at the head of a large body of Canadians and Indians, with a train of artillery, invested this fort ; and in six days the garrison, after having expended all their ammunition, capitulated, on con- dition that they should not serve against the French tor eighteen months. They were allowed the honours of war, and were to be escorted by the French troops to fort Edward, with their private baggage. The Indians, who served in this expedition on the promise of plunder, were enraged at the terms granted to the garrison ; and, as they marched out unarmed, fell upon them, stripped them naked, and murdered all who made any resistance. The New Hampshire regiment happening to be in the rear, felt the chief fury of the enemy. Out of two hun- dred, eighty were killed and taken. This melancholy event threw the whole country into the deepest consternation. Webb, who re- mained at Fort Edward, expecting to be there at- lacked, sent expresses to all the provinces for rein- forcements. The French, however, did not pursue their advantage, but returned to Canada. A rein- forcement of 250 men was raised in New Hamp- shire, under the command of Major Thomas Tash; which, by the orders of General Webb, was sta- tioned at Number-four. This was the first time that the troops of New Hampshire occupied that important post. Hitherto the war had been, on our part, unsuc- cessful. The great expense, the frequent disap- pointments, the loss of men, of forts, and of stores, were very discouraging. The enemy's country was filled with prisoners, and scalps, private plunder, and public stores and provisions, which the colonists, as beasts of burden, had conveyed to them. These reflections were the dismal entertainment of the winter. The next spring called for fresh exertions ; the British ministry had been changed, and the di- rection of the war was put into the hands of that decisive statesman, William Pitt. (1758.) In his circular letter to the American governors, he assured them, that to repair the losses and disappointments of the last inactive campaign, it was determined to send a formidable force, to operate by sea and land against the French in America ; and he called upon them to raise " as large bodies of men, within their respective govern- ments, as the number of inhabitants might allow ;" leaving it to them, to form the regiments and to ap- point officers at their discretion. He informed them that arms, ammunition, tents, provisions, and boats would be furnished by the crown ; and he required the colonies to levy, clothe, and pay their men, as- suring them that recommendations would be made to parliament " to grant them a compensation." Notwithstanding their former losses and disap- pointments, the assembly of New Hampshire, on receiving this requisition, cheerfully voted 800 men for the service of the year. The regiment com- manded by Col. John Hart marched to the west- ward, and served under General Abercrombie. A body of 108 carpenters, under the conduct of Col. Messerve, embarked for Louisbourg, to serve at the second siege of that fortress, under General Am- herst. Unhappily the small-pox broke out among them, which disabled them from service ; all but sixteen were seized at once, and these attended the sick. Messerve and his eldest son died of this fatal disorder. This year was remarkable for the second surrender of Louisbourg ; the unfortunate attack on the lines of Ticonderoga, where Lord Howe was killed ; the taking of fort Frontenac by Col. Brad- street; and the destruction effort du Quesue on the Ohio, the contention for which began the war. In the course of this year, the Indians continued to infest the frontiers. At Hinsdale they killed Captain Moore and his son, took his family, and burned his house. At Number-four they killed Asahel Stebbins, and took his wife, with Isaac Par- ker and a soldier. The cattle of this exposed set- tlement, which fed chiefly in the woods, at a dis- tance from the fort, often served the enemy for pro- visions. (1759.) The next year, a similar requisition being made by Secretary Pitt, New Hampshire raised a thousand men for the service, who were regimented under the command of Colonel Zacheus Lovewell, son of the famous partisan who lost his life at Pig- wacket. This regiment joined the army at the west- ward, and served under General Amherst, in the actual reduction of Ticonderoga and Crown Point, and in building a new fortress at the last place. 502 THE HISTORY OF AMERICA. The success of this summer was brilliant, beyond former example. The French Fort at Niagara sur- rendered to General Johnson; and the strong city of Quebec was taken by the British troops under General Wolfe, who, with the French general, Mont- calm, was slain in the decisive battle. When the British arms had obtained a decided superiority over the French, it was determined to chastise the Indians who had committed so many devastations on the frontiers of New England. Ma- jor Robert Rogers was dispatched from Crown Point, by General Amherst, with about 200 rangers, to de- stroy the Indian village of St. Francis. After a fa- tiguing march of twenty -one days, he came within sight of the place, which he discovered from the top of a tree, and halted his men at the distance of three miles. In the evening he entered the village in disguise, with two of his officers. The Indians were engaged in a grand dance, and he passed through them undiscovered. Having formed his men into parties, and posted them to advantage, he made a general assault, just before day, whilst the Indians were asleep. They were so completely surprised, that little resistance could be made. Some were killed in their houses ; and of those who attempted to flee, many were shot or tomahawked by parties placed at the avenues. The dawn of day disclosed a horrid scene ; and an edge was given to the fury of the assailants by the sight of several hundred scalps of their countrymen, elevated on poles, and waving in the air. This village had been enriched with the plunder of the frontiers and the sale of cap- tives. The houses were well furnished, and the church was adorned with plate. The suddenness of the attack, and the fear of a pursuit, did not allow much time for pillage ; but the rangers brought off such things as were most convenient for transport- ation ; among which were about two hundred guineas in money, a silver image weighing ten pounds, and a large quantity of wampum and clothing. Having set fire to the village, Rogers made his retreat up the river St. Francis, intending that his men should rendezvous at the upper Cohos, on Connecticut river. They took with them five English prisoners, whom they found at St. Francis, and about twenty Indians; but these last they dismissed. Of the rangers, one man only was killed ; and six or seven were wounded. In their retreat they were pursued, and lost seven men. They kept in a body for about ten days, passing on the eastern side of Lake Mem- frimagog, and then scattered. Some found their way to Number-four, after having suffered much by hunger and fatigue. Others perished in the woods, and their bones were found near Connecticut river by the people, who after several year sbegan plant ations at the Upper Cohos. After the taking of Quebec, the remainder of th< season was too short to complete the reduction of Canada. (1760.) The next summer General Am- herst made preparations to approach Montreal by three different routes; intending, with equal pru- dence and humanity, to finish the conquest without the effusion of blood. For the service of this year, 800 men were raised in New Hampshire, and put under the command of Colonel John Goffe. They marched, as usual, to Number-four ; but instead of taking the old route to Albany, they cut a road through the woods, directly toward Crown Point. In this work they made such dispatch, as to join that part of the army which Amherst had left at Crown Point, twelve days before their embarkation. They proceeded down the lake, under the command of Colonel Haviland. The enemy made some re sistance at Isle au Noix, which stopped their pro- gress for some days, and a few men were lost on both sides. But this post being deserted, the forts of St. John and Chamblee became an easy conquest, and finally Montreal capitulated. This event finished the campaign, and crowned Amherst with deserved laurels. Whilst the New Hampshire regiment was em- ployed in cutting the new road, signs of hovering Indians were frequently discovered, though none were actually seen. But they took the family of Joseph Willard from Number-four, and carried them into Montreal, just before it was invested by the British army. The conquest of Canada gave peace to the fron- tiers of New Hampshire, after a turbulent scene of fifteen years in which, with little intermission, they had been distressed by the enemy. Many captives returned to their homes ; and friends who had long been separated, embraced each other in peace. The joy was heightened by this consideration, that the country of Canada, being subdued, could no longer be a source of terror and distress. The expense of this war was paid by a paper cur- rency. Though an act of parliament was passed in 1751, prohibiting the governors from giving their assent to acts of assembly made for such a purpose; yet, by a proviso, extraordinary emergencies were excepted. Governor Wentworth was slow to take advantage of this proviso, and construed the act in a more rigid sense than others ; but his friend Shir- ley helped him out of his difficulties. In 1755 paper bills were issued, under the denomination of new tenor ; of which fifteen shillings were equal in value to one dollar. Of this currency the soldiers were promised thirteen pounds ten shillings per month ; but it depreciated so much in the course of the year, that in the muster rolls their pay was made up at fifteen pounds. In 1756 there was another issue from the same plates, and their pay was eighteen pounds. In 1757, it was twenty-five pounds. In 1758, they had twenty-seven shillings sterling. In the three succeeding years they had thirty shillings sterling, besides a bounty at tl e time of their enlist- ment, equal to one month's pay. At length sterling money became the standard of all contracts ; and though the paper continued passing as a currency, its value was regulated by the price of silver, and the course of exchange. It ought to be remembered, as a signal favour of Divine Providence, that during this war the seasons were fruitful, and the colonies were able to supply their own troops with provisions, and the British fleets and armies with refreshments of every kind which they needed. No sooner were the operations of the war in the northern colonies closed, than two years of scarcity succeeded (1761 and 1762), in which the drought of summer was so severe, as to cut short the crops, and render supplies from abroad absolutely necessary. Had this calamity attended any of the preceding years of the war, the distress must have been extreme, both at home and in the camp. During the drought of 1761 a fire raged in the woods, in the townships of Barrington and Roches- ter, and passed over into the county of York, burn- ing with irresistible fury for several weeks, and was not extinguished till a plentiful rain fell, in August. An immense quantity of the best timber was de- stroyed by this conflagration. For the succeeding part of the war a smaller body of men was required to garrison the new conquests ; UNITED STATES. 503 whilst the British troops were employed in the West India islands. The success which attended their operations in that quarter brought the war to a conclusion; and by the treaty of peace, though many of the conquered places were restored, yet the whole continent of North America remained to the British crown, and the colonies received a reim- bursement of their expenses. The war being closed, a large and valuable tract of country, situated between New England, New York, and Canada, was secured to the British dominions; and it became the interest of the governors of both the royal provinces of New Hampshire and New York to vie with each other, in granting this territory, and receiving the emoluments arising from this lucrative branch of their respective offices. The seeds of a controversy on this subject had been already sown. During the short peace which followed the preced- ing war, (1749,) Governor Wentworth wrote to Go- vernor Clinton, that he had it in command from the king, to grant the unimproved lands within his go- vernment ; that the war had prevented that progress which he had hoped for in this business; but that the peace had induced many people to apply for grants in the western parts of New Hampshire, which might fall in the neighbourhood of New York. He communicated to him a paragraph of his com- mission, describing the bounds of New Hampshire, and requested of him a description of the bounds of New York. Before he received any answer to this letter, Wentworth, presuming that New Hampshire ought to extend as far westward as Massachusetts that is, to the distance of twenty miles east from Hudson's river, granted, (1 750,) a township, six miles square, called Bennington ; situate twenty-four miles east of Hudson's river, and six miles north of the line of Massachusetts. Clinton having laid Went- worth's letter before the council of New York ; by their advice answered him, that the province of New York was bounded easterly by Connecticut river. This claim was founded on a grant of King Charles the Second ; in which, " all the land from the west side of Connecticut river, to the east side of Dela- ware bay," was conveyed to his brother, James, Duke of York; by whose elevation to the throne, the same tract merged in the crown of England, and descended, at the Revolution, to King William and his successors. The province of New York had formerly urged this claim against the colony of Connecticut; but, for prudential reasons, had con- ceded that the bounds of that colony should extend as far as a line drawn twenty miles east of Hudson's river. The like extent was demanded by Massachu- setts ; and, though New York affected to call this demand " an intrusion," and strenuously urged their right to extend eastward to Connecticut river, yet the original grant of Massachusetts, being prior to that of the Duke of York, was a barrier which could not easily be broken. These reasons, how- ever, it was said, could be of no avail to the cause of New Hampshire, whose first limits, as described in Mason's patent, did not reach to Connecticut river; and whose late extent, by the settlement of the lines in 1741, was no farther westward than " till it meets with the king's other governments." Though it was agreed, between the two governors, to sub- mit the point in controversy to the king, yet the governor of New Hampshire continued to make grants on the western side of Connecticut river till 1754; when the renewal of hostilities not only put a stop to applications, but prevented anv determin- ation of the controversy by the crown. During the war, the continual .passing of troops hrough those lands caused the value of them to be more generally known; and when, by the conquest of Canada, tranquillity was restored, they were eagerly sought by adventurers aud speculators. Wentworth availed himself of this golden opportunity, and by advice of his council, ordered a survey to be made of Connecticut river for sixty miles, and three lines of townships on each side to be laid out. (1761.) As applications increased, the surveys were extended. Townships of six miles square were granted to va- rious petitioners; and so rapidly did this work go on, that during the year 1761, no less than sixty townships were granted on the west, and eighteen on the east side of the river. Besides the fees unil presents for these grants, which were undefined, a reservation was made for the governor of 500 acres- in each township, and of lots for public purposes. These reservations were clear of all fees and charges. (1763.) The whole number of grants ou the western side of the river amounted to 138, and the extent was from Connecticut river to twenty miles east of Hudson, as far as that river extended northerly ; and after that, westward to Lake Champlain. The rapid progress of these grants filled the coffers of the go- vernor. Those who had obtained the grants were seeking purchasers in all the neighbouring colonies, whilst the original inhabitants of New Hampshire, to whom these lands had formerly been promised as a reward for their merit in defending the country, were overlooked in the distribution, unless they were disposed to apply in the same manner as per- sons from abroad ; or unless they happened to be in favour. When remonstrances were made to the go- vernor on this subject, his answer was, that the peo- ple of the old towns had been formerly complimented with grants in Chichester, Barnsted, and Gilman- town, which they had neglected to improve ; and that the new grantees were better husbandmen and would promote the cultivation of the province. The passion for occupying new lands rose to a great height. These tracts were filled with emi- grants from Massachusetts and Connecticut. Popu- lation and cultivation began to increase with a ra- pidity hitherto unknown; and from this time may be dated the flourishing state of New Hampshire, which before had been circumscribed and stinted iu its growth by the continual danger of a savage enemy. The grants on the western side of Connecticut river alarmed the government of New York, who, by their agent, made application to the crown, re- presenting " that it would be greatly to the advan- tage of the people settled on those lands, to be an- nexed to New York;" and submitting the cause to the royal decision. In the mean time, a proclama- tion was issued by Lieut-Governor Golden, reciting the grant of King Charles to the Duke of York, as- serting the jurisdiction of New York as far eastward as Connecticut river, and enjoining the sheriff of the county of Albany to return the names of all persons who, under colour of the New Hampshire grants, held possession of lands westward of that river. (1764.) This was answered by a proclama- tion of Governor Wentworth, declaring the grant to the Duke of York to be obsolete, and that the west- ern bounds of New Hampshire were co-extensive with those of Massachusetts and Connecticut, encou raging the grantees to maintain their possessions, and cultivate their lands; and commanding civil officers to execute the laws and punish disturbers of the peace. The application from New York was referred to 504 HISTORY OF AMERICA. the board of trade ; and upon their representation, seconded by a report of a committee of the privy council, an order was passed by the king in council, declaring " the western banks of Connecticut river, from where it enters the province of Massachusetts bay, as far north as the forty-fifth degree of latitude, to be the boundary line between the two provinces of New Hampshire and New York." This decree, like many other judicial determina- tions, while it closed one controversy, opened another. The jurisdiction of the Governor of New Hampshire, and his power of granting land, were circumscribed by the western bank of Connecticut river: but the grantees of the soil found themselves involved in a dispute with the government of New York. From the words " to be/' in the royal declaration, two very opposite conclusions were drawn. The govern- ment supposed them to refer to the time past, and construed them as a declaration that the river always had been the eastern limits of New York; conse- quently that the grants made by the governor of New Hampshire were invalid, and that the lands might be granted again. The grantees understood the words in the future tense, as declaring Connecti- cut river from that time to be the line of jurisdiction only between the two provinces, consequently that their grants, being derived from the crown, through the medium of one of its governors, were valid. To the jurisdiction they would have quietly submitted, had no attempt been made to wrest from them their possessions. These opposite opinions proved a source of litigation for ten succeeding years; but as this controversy belongs to the history of New York, it is dismissed with one remark only : that though it was carried on with a degree of virulence unfriendly to the progress of civilization and humanity, within the disputed territory, yet it called into action a spirit of vigorous self-defence and hardy enterprise, which prepared the nerves of that people for en- countering the dangers of a more extensive revolution. NEW YORK. From the Discovery of the Colony to the surrender in 1664. Henry Hudson, an Englishman, in the year 1608, under a commission from James I., discovered Long Island, New York, and the river which still bears his name ; and afterwards sold the country, or rather his right, to the Dutch, whose writers contend, that Hudson was sent out by the East In- dia Company in 1609, to discover a north-west pas- sage to China; and that having first discovered Delaware bay, he came hither, and penetrated up Hudson's river, as far north as the latitude of forty- three degrees. It is said, however, that there was a sale, and that the English objected to it, though they for some time neglected to oppose the Dutch Kcttlement of the country. In 1610, Hudson sailed again from Holland to that country, called by the Dutch, New Nether- land; and four years after, the states general granted a patent to sundry merchants, for an exclusive t ade on the north river, who in 1 614 built a fort, ou the west side, near Albany, which was first com- manded by Henry Christiaens. Captain Argal was sent out by Sir Thomas Dale, governor of Virginia, in the same year, to dispossess the French of the two towns of Port Royal and St. Croix, lying on each side of the bay of Fundy in Acadia, then claimed as part of Virginia. In his return, he vi- sited the Dutch on Hudson's river, who being un- able to resist him, prudently submitted for the pre- sent to the king of England, and under him to the governor of Virginia. The very next year, they erected a fort on the south-west point of the island Manhattans, and two others in 1623 ; one called Good Hope, on Connecticut river, and the other Nassau, on the east side of Delaware bay. The author of the account of New Netherland asserts, that the Dutch purchased the lands on both sides of that river in 1632, before the English were settled in those parts ; and that they discovered a little fresh river, farther to the east, called Varsche Riviertie, to distinguish it from Connecticut river, known among them by the name of Varsche Rivier, which Vanderdonk also claims for the Dutch. Determined upon the settlement of a colony, the states general made a grant of the country, in 1621, to the West India company. Wouter Van Twiller arrived at Fort Amsterdam, now New York, and took upon himself the government in June 1629. His style, in the patents granted by him, was thus, " We, director and council, residing in New Ne- therland on the island Manhattans, under the go- vernment of their high mightinesses, the lords states general of the united Netherlands, and the privileged West India company, &c." In his time the New Eng- land planters extended their possessions westward as far as Connecticut river. Jacob Van Curlet, the commissary there, protested against it, and in the second year of the succeeding administration, under William Kieft, who appears first in 1638, a prohi- bition was issued, forbidding the English trade at Fort Good Hope, and shortly after, on complaint of the insolence of the English, an order of council was made for sending more forces there, to maintain the Dutch territories. Dr. Mather confesses, that the New England men first formed their design of settling Connecticut river in 1635, before which time they esteemed that river at least 100 miles from any English settlement ; and that they first seated themselves there in 1636, at Hartford, near Fort Good Hope, at Weathersfield, Windsor, and Springfield. Four years after, they seized the Dutch garrison, and drove them from the banks of the river, having first settled New Haven in 1638. regardless of Kieft's protest against it. The extent of New Netherland was to Delaware, then called South river, and beyond it ; for in the Dutch records, there is a copy of a letter from Wil- liam Kieft, May 6, 1638, directed to Peter Minuit, who seems, by the tenor of it, to be the Swedish UNITED STATES. 505 governor of New Sweden, asserting, " that the whole south river of New Netherland had been in the Dutch possession many years above and below, beset with forts, and sealed with their blood." Which Kieft adds, " has happened even during your ad- ministration in New Netherland, and is so well known to you." The Dutch writers are not agreed in the extent of Nova Belgia, or New Netherland ; some describe it to be from Virginia to Canada ; and others inform us, that the arms of the States General were erected at Cape Cod, Connecticut, and Hudson's river, and on the west side of the entrance into Delaware bay. The author of an anonymous pamphlet gives Canada river for a boundary on the north, and calls the country, north-west from Albany, Terra Incognita. In 1640, the English, who had overspread the eastern part of Long Island, advanced to Oysterbay. Kieft broke up their settlement in 1642, and fitted out two sloops to drive the English out of Schuyl- kill, of which the Marylanders had lately possessed themselves. The instructions, dated May 22, to Jan Jansen Alpendam, who commanded in that enterprise, are upon record, and strongly assert the right of the Dutch both to the soil and trade there. The English from the eastward shortly after sent deputies to New Amsterdam, for the accommodation of their disputes about limits, to whom the Dutch offered certain conditions, which it appears were not acceded to. The English daily extended their possessions, and in 1643 the colonies of Massachusetts bay, Ply- mouth, Connecticut, and New Haven, entered into a league both against the Dutch and Indians, and grew so powerful as to meet shortly after, upon i design of extirpating the former. Massachusetts bay declined this enterprise, which occasioned a let- ter to Oliver Cromwell from William Hooke, dated at New Haven, November 3, 1653, in which he com- plains of the Dutch for supplying the natives with arms and ammunition, begs his assistance with two or three frigates, and that letters might be sent to the eastern colonies, commanding them to join in an expedition against the Dutch colony. Cromwell's affairs would not admit of so distant an attempt, but Richard Cromwell afterwards drew up instructions to his commanders for subduing the Dutch there, and wrote letters to the English American govern- ments for their aid ; copies of which are preserved in Thurloe's collection. Peter Stuyvesant was the last Dutch governor, and though he had a commission in 1646, he did not begin his administration till May 27, 1647. The inroads and claims upon his government kept him constantly employed. New England on the east, and Maryland on the west, alarmed his fears by their daily increase; and about the same time Captain Forrester, a Scotchman, claimed Long Island for the dowager of Stirling. The Swedes too were per- petually incroaching upon Delaware. Through the unskilfulness of the mate of a vessel, one Deswyk, a Swedish captain and super-cargo arrived in Rari- tan river. The ship was seized, and himself made prisoner at New Amsterdam. Stuyvesant's reasons were that, in 1651, the Dutch built fort Casimir, now called Newcastle on Delaware. The Swedes, indeed claimed the country, and Printz their go- vernor formally protested against the works. Risingh, his successor, under the disguise of friendship, came before the fortress, fired two salutes and landed thirty men, who were entertained by the commandant as friends; but he had no sooner discovered the weakness of the garrison, than he made himself master of it, seizing also upon all the ammunition, houses, and other effects of the West India company, and compelling several of the people to swear alle- giance to Christina queen of Sweden. The Dutch, in 1655, prepared to retake fort Casimir. Stuyvesant commanded the forces in person, and arrived with them in Delaware the 9th of September. A few- days after he anchored before the garrison and landed his troops. The fortress was immediately demanded as Dutch property: Suen Scutz, the commandant, desired leave to consult Risingh, which being re- fused, he surrendered the 16th of September on ar- ticles of capitulation. The whole strength of the place consisted of four 14-pounders, five swivels, and a parcel of small arms, which were all delivered to the conquered. Fort Christina was commanded by Risingh. Stuyvesant came before it, and Risingh surrendered it upon terms the 25th of September. The country being thus subdued, the Dutch governor issued a proclamation, in favour of such of the inhabitants as would submit to the new government, and about thirty Swedes swore "fidelity and obe- dience to the States General, the lords directors of the West India company, their subalterns of the pro- vince of New Netherland, and the director general then, or thereafter established." Risingh and one Elswych, a trader of note, were ordered to France, or England, and the rest of the Swedish inhabitants to Holland, and from thence to Gottenberg. The Swedes being thus extirpated, the Dutch became possessed of the west side of Delaware bay, after- wards called " The three lower countries." This country was subsequently under the com- mand of lieut.-governors, subject to the controul of, and commissioned by the director general at New Amsterdam. Johan Paul Jaquet was the first vice- director, or lieut.-governor, of South River. His successors were Alricks, Hinojossa, and William Beekman. These lieutenants had power to grant lands, and their patents make a part of the ancient titles of the present possessors. Alrick's commis- sion of the 12th of April, 1657, shews the extent of the Dutch claim on the west side of Delaware at that time. He was appointed "Director general of the colony of the South River of New Netherland, and the fortress of Casimir, now called Niewer Amstel, with all the lands depending thereon, according to the first purchase and deed of release of the natives, dated July 19, 1651, beginning at the west side of the Minquaa, or Christina Kill, in the Indian language named Suspccough, to the mouth of the bay, or river, called Bompt-Hook, in the Indian language Cannaresse; and so far inland as the bounds and limits of the Minquaas land, with all the streams, &c. appurtenances and dependencies." Of the country northward of the Kell, no mention is made. Orders in 1658 were given to William Beekman to purchase Cape Hiulopen from the natives, and to settle and fortify it, which, for want of goods, was not done till the succeeding year. In the year 1659, fresh troubles arose from the Maryland claim to the lands on South River; and in September, Colonel Nathaniel Utie, as commis- sioner from Fendal, Lord Baltimore's governor, ar- rived at Niewer Amstel from Maryland. The counry was ordered to be evacuated, Lord Baltimore claim- ing all the land between 38 and 40 degrees of lati- tude from sea to sea. Beekman and his council demanded evidence of his lordship's right, and offered to prove the States General's grant to the West India company, and the grant of the company to 506 THE HISTORY OF AMERICA. them; and proposed to refer the controversy to the republics of England and Holland, praying at the same time, three weeks to consult Stuyvesant the general. The commissioner notwithstanding, a few days after warned him to draw off, beyond the latitude of 40 degrees; but Beekman disregarded the threat. Col. Utie thereupon returned to Mary- land, and an immediate invasion was expected. Early in the spring of the year 1660, Nicholas Valeth and Brian Newton were dispatched from Fort Amsterdam to Virginia, in quality of ambas- sadors, with full power to open a trade and conclude a league, offensive and defensive, against the barba- rians. Sir William Berkely, the governor, gave them a kind reception, and approved their proposal of peace and commerce, which Sir Henry Moody was sent to agree upon and perfect. Four articles to that purpose were drawn up, and sent to the go- vernor for confirmation. Stuyvesant artfully en- deavoured, at this treaty, to procure an acknowledg- ment of the Dutch title to the country, which Berkely as carefully avoided. This was his answer : " Sir, I have received the letter you were pleased to send me by Mr. Mills's vessel, and shall be ever ready to comply with you, in all acts of neighbourly friendship and amity. But truly, sir, you desire me to do that, concerning your titles and claims to land in this northern part of America, which I am in no capacity to do ; for I am but a servant of the assem- bly's : neither do they arrogate any power to them- selves, farther than the miserable distractions of England desire them to. For when God shall be pleased in his mercy to take away and dissipate the unnatural divisions of their native country, they will immediately return to their own professed obedience. What then they should do in matters of contract, donation, or confession of right, would have little strength or signification; much more presumptive and impertinent would it be in me to do it, without their knowledge or assent. We shall very shortly meet again, and then, if to them you signify your desires, I shall labour all I can to get you a satis- factory answer. " I am, sir, " Virginia, " Your humble servant, " August 20, 1660. " WILLIAM BERKELY." Governor Stuyvesant war a faithful servant of the West India company : this is abundantly proved by his letters to them, exciting their care of the co- lony. In one, dated April 20, 1660, which is very long and pathetic, representing the desperate situa- tion of affairs on both sides of the New Netherlands, he writes, " Your honours imagine, that the troubles in England will prevent any attempt on these parts : alas ! they are ten to one in number to us, and are able, without any assistance, to deprive us of the country when they please." On the 25th of June, the same year, he informs them, that the demands, encroachments, and usurpations of the English, give the people here great concern. " The right to both rivers," he says, " by purchase and possession, is our own, without dispute. We apprehend that they, our more powerful neighbours, lay their claims under a royal patent, which we are unable hitherto to do in your name." Colonel Utie being unsuccessful the last year, in his embassy for the evacuation of the Dutch possessions on Delaware, Lord Baltimore, in autumn, 1660, applied by Captain Neal, his agent to the West India company, in Holland, for an or- der on the inhabitants of South River to submit to his authority, which they absolutely refused, assert- ing their right to that part of the colony. The English, from New England, were every day encroaching upon the Dutch. The following letter from Stuyvesant to the West India company, dated July 21, 1661, shews the state of the colony at that time on both sides. " We have not yet be- gun the fort on Long Island, near Oysterbay, be- cause our neighbours lay the boundaries a mile and a half more westerly than we do, and the more as your honours, by your advice of December 24, are not inclined to stand by the treaty of Hartford, and propose to sue for redress on Long Island and the Fresh Water river, by means of the States' Ambas- sador. Lord Sterling is said to solicit a confirma- tion of his right to all Long Island, and importunes the present king to confirm the grant made by his royal father, which is affirmed to be already ob- tained. But more probable, and material, is the advice from Maryland, that Lord Baltimore's pa- tent, which contains the fourth part of South river, is confirmed by the king, and published in print : that Lord Baltimore's natural brother, who is a rigid papist, being made governor there, has received Lord Baltimore's claim and protest to your ho- nours in council, (wherewith he seems but little satisfied) and has now more hopes of success. We have advice from England, that there is an invasion intended against these parts, and the country soli- cited of the king, the duke, and the parliament, is to be annexed to their dominions ; and for that pur- pose, they desire three or four frigates, persuading the king, that the company possessed and held this country under an unlawful title, having only ob- tained of King James leave for a watering place on Staten Island, in 1623." In August 1663, a ship arrived from Holland at South River, with new planters, ammunition, and im- plements of husbandry. Lord Baltimore's son landed a little after, and was entertained by Beekman at Niewer Amstcl. This was Charles, the son of Ce- cil, who in 1661, had procured a grant and con- firmation of the patent passed in favour of his fa- ther in 1632. The papistical principles of the Balti- more family, the charge of colonizing, the parliament- ary war with Charles I., and Cromwell's usurpation, all conspired to impede the settlement of Maryland till the year 1661. And these considerations ac- count for the extension of the Dutch limits, on the west side of Delaware bay. While the Dutch were contending with their European neighbours, they had the art always to maintain a friendship with the natives, until the war which broke out this year with the Indians at. Esopus, now Ulster county. It continued, how- ever, but a short season. The five nations never gave them any disturbance, which was owing to their continual wars with the French, who settled at Canada in 1603. It has been before observed, that Oliver Cromwell was applied to, for his aid in tho reduction of this country, and that his son Richard took some steps towards accomplishing the scheme : the work was however reserved for the reign of Charles II., an indolent prince, and entirely given up to pleasure, who was driven to it more perhaps by the differences then subsisting between England and Holland, than by any motive that might reflect honour upon bis prudence, activity, and public spirit. Before this expedition, the king granted a patent on the 12th of March, 1664, to his brother, the Duke of York and Albany, for sundry tracts of land in America, the boundaries of which, because they have given rise to much controversy, it mav not be improper to transcribe. 18 All that part of the main land of New England, UNITED STATES. 507 beginning at a. certain place, called or known by the name of St. Croix, next adjoining to New Scot- land in America, and from thence extending along the sea coast, unto a certain place called Pemaquie or Pemequid, and so up the river thereof, to the furthest head of the same, as it tendeth northward ; and extending from thence to the river of Kimbe- quin, and so upwards, by the shortest course, to the river Canada northward : and also all that island, or islands, commonly called by the several name or names of Meitowacks, or Long Island, situate and being towards the west of Cape Cod, and the narrow Higansetts, abutting upon the main land, between the two rivers, there called or known by the several names of Connecticut and Hudson's river, together also with the said river, called Hudson's river, and all the land from the west side of Connecticut river, to the east side of Delaware bay, and also, all those several islands, called or known by the names of Martin's Vineyard, or Nantuck's, otherwise Nan- tucket : together, &c." Part of this tract was conveyed by the duke to John Lord Berkeley, baron of Stratton, and Sir George Carteret, of Saltram in Devon, who were then members of the king's council. The lease was for the consideration of ten shillings, and dated the 23d of June, 1664. The release" dated the next day, mentions no particular sum of money as a consideration for the grant of the lands, which have the following description : " All that tract of land, adjacent to New England, and lying and being to the westward of Long Island, and bounded on the east part by the main sea, and partly by Hudson's river ; and hath upon the west, Delaware bay, or river, and extendeth southward to the main ocean as far as Cape May, at the mouth of Delaware bay ; and to the northward, as far as the northermost branch of the said bay or river of Delaware, which is forty-one degrees and forty mi- nutes of latitude ; which said tract of land is here- after to be called by the name or names of Nova Caesarea, or New Jersey." Thus the New Netherlands became divided into New Jersey, (so called after the isle of Jersey, in compliment to sir George Carteret, whose family came from thence) and New York, which took its name in honour of the Duke of York. The Dutch inhabitants, by the vigilance of their governor, were not unapprised of the designs of the English court against them; for their records testify, that on the 8th of July, " The general received in- telligence from one Thomas Willett, an English- man, that an expedition was preparing in England against this place, consisting of two frigates of 40 and 50 guns, and a fly-boat of 40 guns having on board 300 soldiers, and each frigate 150 men, and that they then lay at Portsmouth, waiting for a wind." News arrived also from Boston, that tV.ey had already set sail. The burgomasters were there- upon called into council, the fortress ordered to be put into a posture of defence, and spies sent to Mil- Ibrd and West Chester for intelligence. Boston was in the secret of the expedition ; for the general court had in May preceding, passed a vote for a supply of provisions, towards refreshing the ships on their arrival. They were four in number, and resolved to rendezvous at Gardener's Island in the Sound, but parted in a fog about the 20th of July. Richard Nicolls and Sir George Carteret, two of the commissioners, who were to take possession of the country and reduce it>to the king's obedience, were on board the Guyny, and fell in first with Cape Cod. The winds having blown from the south-west, the other ships, with Sir Robert Car, and Mr. Mavenick, the remaining commissioners, were rightly concluded to be driven to the eastward. After dispatching a letter to Mr. Winthrop, the governor of Connecticut, requesting his assistance, Col. Nicolls proceeded to Nantasket, and thence to Boston. The other ships got into Piscatavva. John Endicot, a very old man, was then governor of Boston, and incapable of business. The commissioners, therefore, had a con- ference with the council, and earnestly implored the assistance of that colony. Colonel Nicolls and Sir George Carteret, in their letter from Boston to Sir H. Bennet, secretary of state, complain much of the backwardness of that province. The reasons urged in their excuse were poverty and the season, it being the time of harvest ; but perhaps disaffection to the Stuart family, whose persecuting fury had driven them from their native country, was the true spring of their conduct. The king's success in the reduction of the Dutch evidently opened him a door to come at his enemies in New England, who were far from being few; and whether this consideration might not have given rise to the project itself, must be left to conjecture. T. Dixwel, Esq., one of Charles the First's judges, and excepted out of the general pardon, lived many years at New Haven unknown, in quality of a country merchant: Sir Edmund Andross, in one of his tours through the colony of Connecticut, saw him there at church, and strongly suspected him to be one of the regicides. In his last illness, he revealed himself to the minister of the town, and ordered a small stone to be set at the head of his grave, inscribed, " T. D. Esq." While at New Haven, he went under the name of John Davis. On the 27th of July, Nicolls and Carteret made a formal request in writing, "That the government of Boston would pass an act to furnish them with armed men, who should begin their march to the Manhattans, on the 20th of August ensuing ; and promised that, if they could get other assistance, they would give them an account of ,it." The go- vernor and council answered, that they would assemble the general court, and communicate the proposal to them. From Boston, a second letter was written to Go- vernor Winthrop in Connecticut, dated the 29th of July, in which he was informed, that the other ships were then arrived, and would sail with the first fair wind, and he was desired to meet them at the west end of Long Island. One of the ships entered the bay of the North River, several days before the rest; and as soon as they were all come up, Stuyvesant sent a letter dated 19 30 (shewing the difference between the old and new style) of August, at Fort Anhill, directed to the commanders of the English frigates, by John Declyer, one of the chief council, the Rev. John Megapolen- sis minister, Paul Lunder Vander Grilft mayor, and Mr. Samuel Megapolensis, doctor in physic, with the utmost civility, to desire the reason of their approach and continuing in the harbour of Naijarlij, without giving that notice to the Dutch, which they ought. Colonel Nicolls answered the next day with a summons. " To the honourable the governors and chief council at the Manhattans. " Right worthy Sirs, I received a letter bearing date 19 30 of August, desiring to know the intent of the approach of the English frigates; in return of which. I think it fit to let you know, that his majesty of 508 THE HISTORY OF AMERICA. Great Britain, whose right and title to these parts of America is unquestionable, well knowing how much it derogates from his crown and dignity to suffer any foreigners, how near soever they be allied, to usurp a dominion, and without his majesty's royal consent to inhabit in these, or any other of his ma- jesty's territories, hath commanded me, in his name, to require a surrender of all such forts, towns, or places of strength, which are now possessed by the Dutch, under your commands; and in his majesty's name, I do demand the town situate on the island, commonly known by the name of Manhattoes, with all the forts thereunto belonging, to be rendered unto his majesty's obedience and protection, into my hands. I am further commanded to assure you, and every respective inhabitant of the Dutch nation, that his majesty being tender of the effusion of Christian blood, doth by these presents, confirm and secure to every man his estate, life, and liberty, who shall readily submit to his government. And all those who shall oppose his majesty's gracious in- tention, must expect all the miseries of a war which they bring upon themselves. I shall expect your answer by these gentlemen, Colonel George Carteret, one of his majesty's commissioners in America; Capt. Robert Needham, Captain Edward Groves, and Mr. Thomas Delavall, whom you will entertain with such civility as is due to them, and yourselves and yours shall receive the same, from, " Worthy Sirs, " Your very humble Servant, " Richard Nicolls." " Dated on board his majesty's ship, the Guyny, riding before Naych, the 20 31 of Aug. 1664." Mr. Stuyvesant promised an answer to the sum- mons the next morning, and in the mean time con- vened the council and burgomasters. The Dutch governor was a good soldier, and had lost a leg in the service of the States. He would willingly have made a defence; and refused a sight of the sum- mons, both to the inhabitants and burgomasters, lest the easy terms offered might induce them to capitu- late. The latter, however, insisted upon a copy, that they might communicate it to the late magis- trates and principal burghers. They called together the inhabitants of the Stadt-house, and acquainted them with the governor's refusal. Governor Win- throp, at the same time, wrote to the director and his council, strongly recommending a surrender. On the 22d of August, the burgomaster came again into council, and desired to know the contents of the English message from Governor Winthrop, which Stuyvesant still refused They continued their im- portunity, and he, in a fit of anger, tore it to pieces ; upon which, they protested against the act, and all its consequences. Determined upon a defence of the country, Stuyvesant wrote a letter in answer to the summons, which as it declares the Dutch claim, must be given. " My lords, Your first letter, unsigned, of the 20 31 of August, together with that of this day, signed according to form, being the 1st of September, have been safely delivered into our hands by your depu- ties, unto which we shall say, that the rights of his majesty of England unto any part of America here about, among the rest, unto the colonies of Virginia, Maryland, or others in New England, whether dis- putable or not, is that, which for the present, we have no design to debate upon. But that his ma- jesty hath an indisputable right to all the lands in the north parts of America, is that which the kings of France and Spain will deny, as we absolutely do, by virtue of a commission given to me by my lords the high and mighty states-general, to be governor- general over New Holland, the isles of Curacoa, Bonaire, Aruba, with their appurtenances and de- pendencies, bearing date the 26th of July, 1646. As also by virtue of a grant and commission, given by my said lords, the high and mighty states- general, to the West India company, in the year 1621, with as much power, and as authentic, as his said majesty of England hath given, or can give, to any colony in America, as more fully appears by the patent and commission of the said lords the states-general, by them signed, registered, and sealed with their great seal, which were shewed to your deputies, Colonel George Carteret, Captain Robert Needham, Captain Edward Groves, arid Mr. Thomas Delavall; by which commission and patent, toge- ther, (to deal frankly with you), and by divers letters, signed and sealed by our said lords, the states-general, directed to several persons, both English and Dutch, inhabiting the towns and vil- lages on Long Island, (which, without doubt, have been produced before you by those inhabitants,) by which they are declared and acknowledged to be their subjects, with express command that they con- tinue faithful unto them, under penalty of incurring their utmost displeasure, which makes it appear more clear than the sun at noon-day, that your first foundation, viz. (that the right and title of his ma- jesty of Great Britain to these parts of America is unquestionable) is absolutely to be denied. More- over, it is without dispute, and acknowledged by the world, that our predecessors, by virtue of the com- mission and patent of the said lords, the states-ge- neral have, without controul and peaceably, (the contrary never coming to our knowledge,) enjoyed Fort Orange about forty-eight or fifty years, the Manhattans about forty-one or forty-two years, the South River forty years, and the Fresh Water River about thirty-six years. Touching the second subject of your letter, viz., His majesty hath com- manded me, in his name, to require a surrender of all such forts, towns, or places of strength, which are now possessed by the Dutch, under your command. We shall answer, that we are so con- ident of the discretion and equity of his majesty of jrrcat Britain, that in case his majesty were informed of the truth, which is, that the Dutch came not into hese provinces by any violence, but by virtue of commissions from my lords the states-general; first of all, in the years 1614, 1615, and 1616, up the tforth River, near Fort Orange, where, to hinder .he invasions and massacres commonly committed )y the savages, they built a little fort; and after, in ;he year 1622, and even to this present time, by virtue of commissions and grant to the governors of he West India company; and moreover, in the fear 1656, a grant to the honourable the burgomas- ers of Amsterdam, of the South River ; insomuch, hat by virtue of the abovesaid commissions from the ugh a'nd mighty states-general, given to the persons nterested as aforesaid, and others, these provinces lave been governed, and consequently enjoyed, as also in regard of their first discovery, uninterrupted >ossessions, and purchase of the lands of the princes, latives of the country, and other private persons, Chough gentiles,; we say we make no doubt, that if lis said majesty of Great Britain were well informed of these passages, he would be too judicious to grant such an order, principally in a time when there is so straight a friendship and confederacy between our said lords and superiors, to trouble us in the UNITED STATES. 509 demanding and summons of the places and fort- resses, which were put into our hands, with order to maintain them, in the name of the said lords, the states-general, as was made appear to your deputies, under the names and seal of the said high and mighty states -general, dated the 28th of July, 1646. Besides what had been mentioned, there is little pro- bability that his said majesty of England (in regard (he articles of peace are printed, and were recom- mended to us to observe seriously and exactly, by a letter written to us by our said lords, the states-ge- neral, and to cause them to be observed religiously in this country), would give order touching so dan- gerous a design, being also so apparent, that none other than my said lords, the states-general, have any right to these provinces, and consequently ought to command and maintain their subjects; and in their absence, we, the governor-general, are obliged to maintain their rights, and to repel and take re- venge of all threatenings, unjust attempts, or any force whatsoever, that shall be committed against their faithful subjects and inhabitants, it being a very considerable thing to affront so mighty a state, al- though it were not against an ally and confederate. Consequently, if his said majesty (as it is fit) were well informed of all that could be spoken upon this subject, he would not approve of what expressions were mentioned in your letter ; which are, that you are commanded by his majesty to demand in his name such places and fortresses as are in possession of the Dutch under my government; which, as it ap- pears by my commission before-mentioned, was given me by my lords, the high and mighty states- general. And there is less ground in the express demand of my government, since all the world knows, that about three years agone, some English frigates being on the coast of Africa upon a pretended com- mission, they did demand certain places under the government of our said lords, the states-general, as Cape Vert, river of Gambo, and all other places in Guyny to them belonging. Upon which our said lords, the states-general, by virtue of the articles of peace, having made appear the said attempt to his majesty of England, they received a favourable an- swer, his said majesty disallowing all such acts of hostility as might have been done, and, besides, gave order that restitution should be made to the East India company, of whatsoever had been pil- laged in the said river of Gambo ; and likewise re- stored them to their trade, which makes us think it necessary, that a more express order should appear unto us, as a sufficient warrant for us towards my lords, the high and mighty states- general since by virtue of our said commission we do, in these pro- vinces, represent them, as belonging to them, and not to the king of Great Britain, except his said majesty, upon better grounds, make it appear to our said lords, the states-general, against which they may defend themselves as they shall think fit. To conclude : we cannot but declare unto you, though the governors and commissioners of his majesty have divers times quarrelled with us about the bounds of the jurisdiction of the high and mighty the states- general, in these parts, yet they never questioned \heir jurisdiction itself; on the contrary, in the year J650, at Hartford, and the last year at Boston, they treated with us upon this subject, which is a suffi- rient proof that his majesty hath never been well jiformed of the equity of our cause, insomuch as we cannot imagine, in regard to the articles of peace between the crown of England and the states-gene- ral, (under whom there are so many subjects in America, as well as Europe), that his said majesty of Great Britain would give a commission to mo- lest and endamage the subjects of my said lords the states-general, especially such as, ever since fifty, forty, and the latest thirty-six years have quietly enjoyed their lands, countries, forts, and inherit- ances ; and less, that his subjects would attempt any acts of hostility or violence against them : and in case you will act by force of arms, we protest and declare, in the name of our said lords, the states- general, before God and men, that you will act an unjust violence, and a breach of the articles of peace, so solemnly sworn, agreed upon, and ratified by his majesty of England and my lords the states-gene- ral ; and the rather for that to prevent the shedding of blood, in the month of February last we treated with Captain John Scott, (who reported he had a commission from his said majesty), touching the limits of Long Island, and concluded for the space of a year, that in the meantime the business might be treated on between the king of Great Britain and my lords the high and mighty states-general : and again, at present, for the hinderance and pre- vention of all differences, and the spilling of inno- cent blood, not only in these parts, but also in Eu- rope, we offer unto you a treaty by our deputies, Mr. Cornelius Van Kuyven, secretary and receiver of New Holland, Cornelius Ste'enwych, burgomaster, Mr. Samuel Megapolonsis, doctor of physic, and Mr. James Cousseau, heretofore sheriff. As touch- ing the threats in your conclusion we have nothing to answer, only that we fear nothing but \\hat God, (who is as just as merciful) shall lay upon us all things being in his gracious disposal ; and \\c may as well be preserved by him with small forces as by a great army, which makes us to wish you all happiness and prosperity, and recommend you to his protection. My lords, your thrice humble, and affectionate servant and friend, " Signed, P. Stuyvesant. " At the fort at Amsterdam, the 2d of September, New Stile, 1664." While the Dutch governor and council were con- tending with the burgomasters and people in the city, the English commissioners published a procla- mation in the country, encouraging the inhabitants to submit, and promising them the king's protection, and all the privileges of subjects; and as soon as they discovered by Stuyvesant's letter, that he was averse to surrender, officers were sent to beat up for volunteers in Middleborough, Ulissen, Jamaica, and Hempsted. A warrant was also issued to Hugh Hide, who commanded the squadron, to prosecute the reduction of the fort, and an English ship then trading here, was pressed into the service. These preparations induced Stuveysant to write another letter, on the 25th of August old style, wherein though he declares that he would stand the stonr., yet to prevent the spilling of blood, he had sent John de Decker, counsellor of state, Cornelius Van Ruyven, secretary and receiver, Cornelius Steenwych major, and James Cousseau sheriff, to consult, if possible, an accommodation. Nicolls, who knew the disposition of the people, answered immediately from Gravesend, that he would treat about nothing but a surrender. The Dutch governor, the next day, agreed to a treaty and surrender, on condition the English and Dutch limits in America were settled by the crown and the states-general. The English deputies were Sir Robert Carr, George Carteret, John Winthrop, governor of Connecticut, Samuel Wyllys, one of the assistants or counsel of 510 THE HISTORY OF AMERICA. that colony, and Thomas Clarke, and John Pynchon, commissioners from the general court of the Massa- chusetts bay, who but a little before, brought an aid from that province. What these persons agreed upon, Nicolls promised to ratify. At eight o'clock in the morning, of the 27th of August 1664, the commissioners on both sides met at thegovernor's farm and there signed the following articles of capitulation : "These articles following were consented to by the persons hereunder subscribed, at the governor's bowery, August the 27th, old style, 1664. " I. We consent that the States-general, or the West India company, shall freely enjoy all farms and houses (except such as are in the forts), and that within six months, they shall have free liberty to transport all such arms and ammunition, as now does belong to them, or else they shall be paid for them. "II. All public houses shall continue for the uses which they are for. ' III. All people shall still continue free denizens, and shall enjoy their lands, houses, goods, where- soever they are within this country, and dispose of them as they please. " IV. If any inhabitant have a mind to remove himself, he shall have a year and six weeks from this day, to remove himself, wife, children, servants, goods, and to dispose of his lands here. "V. If any officer of state, or public minister of state, have a mind to go for England, they shall be transported freight free, in his majesty's frigates, when these frigates shall return thither. " VI. It is consented to, that any people may freely come from the Netherlands and plant in this colony, and that Dutch vessels may freely come hither, and any of the Dutch may freely return home, or send any sort of merchandize home in vessels of their own country. "VII. All ships from the Netherlands, or any other place, and goods therein, shall be received here, and sent hence, after the manner which formerly they were, before our coming hither, for six months next ensuing. " VIII. The Dutch here shall enjoy the liberty of their consciences in divine worship and church dis- cipline. " IX. No Dutchman here, or Dutch ship here, shall upon any occasion be pressed to serve in war against any nation whatsoever. " X. That the townsmen of the Manhattans shall not have any soldiers quartered upon them, without being satisfied and paid for them by their officers ; and at this present, if the fort be not capable of lodging all the soldiers, then the burgomasters, by their officers, shall appoint some houses capable to receive them. " XL The Dutch here shall enjoy their own cus- toms concerning their inheritances. " XII. All public writings and records, which concern the inheritances of any people, or the regle- ment of the church or poor, or orphans, shall be carefully kept by those in whose hands now they are, and such writings as particularly concern the states general, may at any time be sent to them. " XIII. No judgment that has passed any judi- cature here, shall be called in question, but if any conceive that he hath not had justice done him, if he apply himself to the states general, the other party shall be bound to answer the supposed injury. " XIV. If any Dutch living here, shall at any time desire to travel or traffic into England, or any place or plantation in obedience to his majesty of England, or with the Indians, he shall have (upon his request to the governor) a certificate that he is a free denizen of this place, and liberty to do so. " XV. If it do appear that there is a public en- gagement of debt, by the town of the Manhattoes, and a way agreed on for the satisfying of that en- gagement, it is agreed, that the same way proposed shall go on, and that the engagement shall be satisfied. "XVI. All inferior civil officers and magistrates shall continue as now they are (if they please), till the customary time of new elections, and then new ones be chosen by themselves, provided that such new-chosen magistrates shall take the oath of allegiance to his ma- jesty of England, before they enter upon their office. " XVII. All differences of contracts and bargains made before this day, by any in this country, shall be determined according to the manner of the Dutch. XVIII. If it do appear, that the West India company of Amsterdam do really owe any sums of money to any persons here, it is agreed that recog- nition, and other duties payable by ships going for the Netherlands, be continued for six months longer. " XIX. The officers, military, and soldiers, shall march out with their arms, drums beating, and colours flying, and lighted matches; and if any of them will plant, they shall have fifty acres of land set out for them ; if any of them will serve as serv- ants, they shall continue with all safety, and be- come free denizens afterwards. " XX. If at any time hereafter, the king of Great Britain and the States of the Netherlands do agree that this place and country be re-delivered into the hands of the said states, whensoever his Majesty will send his commands to re -deliver it, it shall immedi- ately be done. " XXI. That the town of Manhattans shall choose deputies, and those deputies shall have free voices in ail public affairs, as much as any other deputies. " XXII. Those who have any property in any houses in the fort of Aurania, shall (if they please) slight the fortifications there, and then enjoy all their houses, as all people do where there is no fort. " XXIU. If there be any soldiers that will go into Holland, and if the company of West India in Amsterdam, or any private persons here, will tran- sport them into Holland, then they shall have a safe passport from Colonel Richard Nicolls, deputy go- vernor under his royal highness, and the other com- missioners, to defend the ships that shall transport such soldiers, and all the goods in them, from any surprisal or acts of hostility, to be done by any of his majesty's ships or subjects. That the copies of the king's grant to his royal highness, and the copy of his royal highness's commission to Colonel Rich- ard Nicolls, testified by two commissioners more, and Mr. Winthrop, to be true copies, shall be de- livered to the honourable Mr. Stuyvesant, the pre- sent governor, on Monday next, by eight of the clock in the morning, at the Old Miln, and these articles consented to, and signed by Colonel Richard Nicolls, deputy-governor to his royal highness, and that within two hours after the fort and town called New Amsterdam, upon the isle of Manhattoes, shall be delivered into the hands of the said Colonel Richard Nicolls, by the service of such as shall be by him thereunto deputed, by his hand and seal. John De Decker, Nich. Verleett, Samuel Megapo- lensis, Cornelius Steenwych, Oloffe Stevens Van Kortlant, James Cousseau, Robert Carr, George Carteret, John Winthrop, Samuel Willys, Thomas Clarke, John Pynchon. " I do consent to these articles, " Richard Nicolls/' UNITED STATES. 511 These articles, favourable as they were to the in- habitants, wore however very disagreeable to the Dutch governor, and he therefore refused to ratify them till t\vo days after they were signed by the commissioners. The town of New Amsterdam, upon the reduction of the island Manhattans, took the name of New York. It consisted of several small streets, laid out in the year 1656, and was not inconsiderable for the number of its houses and inhabitants. The easy terms of the capitulation promised their peaceable subjection to the new government; and hence we find that, in two days after the surrender, the Boston aid was dismissed, with the thanks of the commis- sioners to the general court. Hudson's and the South river were, however, still to be reduced. Sir Robert Carr commanded the expedition on Delaware, and Cartcret was commissioned to subdue the Dutch at fort Orange. The garrison capitulated on the 24th of September, and he called it Albany, in ho- nour of the duke. While Carteret was here, he had an interview with the Indians of the five nations, and entered into a league of friendship with them. The Dutch were sensible of the importance of pre- serving an uninterrupted amity with those Indians, for they were both very numerous and warlike. The French "pursued quite different measures, and the eruptions of those tribes, according to their own au- thors, often reduced Canada to the brink of ruin. Sir Robert Carr was equally successful on South river, for he compelled both the Dutch and the Swedes to capitulate and deliver up their garrisons the 1st of October, 1664 ; and that was the day in which the whole New Netherland became subject to the English crown. Very few of the inhabitants thought proper to remove out of the country. Gov- ernor Stuyvesant himself held his estate and died here. His remains were interred in a chapel which he had erected on his own farm, at a small distance from the city, afterwards possessed by his grandson Gerardus Stuyvesant, a man of probity, who was elected into the magistracy above thirty years suc- cessively. For loyalty to the reigning family, and a pure attachment to the protestant religion, the de- scendants of the Dutch planters were exceeded by none. From the surrender in 1664, to the settlement at the English Revolution of 1688. Richard Nicolls being now possessed of the coun- try, took the government upon him, under the style of " deputy-governor under his royal highness the Duke of York, of all his territories in America." During his short continuance in it, he passed a vast number of grants and confirmations of the ancient Dutch patents, the profits of which must have been very considerable. Among these, no one has oc- casioned more animated contention, than that called the Elizabeth Town Grant in New Jersey. Besides the chief command of this province, Ni- colls had, with Sir Robert Carr, Carteret, and Mave- ricke, a commission from Charles II., dated the 26th of April, 1664, which, after a recital of disputes concerning limits in New England, and stating that addresses had been sent home from the Indian na- tives, complaining of abuses received from the English subjects, authorised all, or three, or two of them, of which Nicolls was to be one, to visit the New England colonies, and determine all complaints military, civil, and criminal, according to their dis- cretion, and such instructions as they might receive from the crown. Hence we find, three of them had a conference with several gentlemen from Connecti- cut, respecting the limits of this and that colony. The result was an adjudication, in these words : " By virtue of his majesty's commission, we have heard the difference, about the bounds of the patents granted to his royal highness the Duke of York, and his majesty's colony of Connecticut, and having deliberately considered all the reasons alleged by Mr. Allyn, sen., Mr. Gold, Mr. Richards, and Capt. Winthrop, appointed by the assembly held at Hart- ford, the 13th of October, 1664, to accompany John Winthrop, Esq., the governor of his majesty's co- lony of Connecticut, to New York, and to agree upon the bounds of the said colony, why the said Long Island should be under the government of Connecticut, which are too long here to be recited, we do declare and order, that the southern bounds of his majesty's colony of Connecticut is the sea, and that Long Island is to be under the government of his royal highness the Duke of York, as is expressed by plain words, in the said patents, respectively, and also by virtue of his majesty's commission, and the consent of both the governors and the gentlemen above-named. We also order and declare, that the crook or river called Mamaroneck, which is reputed to be about thirteen miles to the east of West Ches- ter, and a line drawn from the east point or side, where the fresh water falls into the salt, at high water mark, north-north-west to the line of the Massachu- setts, be the western bounds of the said colony of Connecticut, and all plantations lying westward of that creek and line so drawn, to be under his royal highness's government; and all plantations lying eastward of that creek and line, to be under the government of Connecticut. Given under our hands, at James's Fort, in New York, on the island of Manhattan, this first day of December, 1664 Richard Nicolls, George Carteret, S. Mavericke." " We, the governor and commissioners of the general assembly of Connecticut, do give our consent to the limits and bounds above-mentioned, as witness our hands Gold, John Winthrop, jun., John Win- throp, Allen, sen., Richards." At the time of this determination, about two-thirds of Long Island were possessed by people from New England, who had gradually encroached upon the Dutch. As to the settlement between New York and Connecticut on the main, it has always been considered by the former as founded upon ignorance and fraud. The town of Rye was settled under Connecticut, and the grant from that colony is bounded by this line of division. The station at Mamaroneck was about 30 miles from New York, from Albany 150. The general course of the river is about north twelve or fifteen degrees east : and hence it is evident, that a north-north-west line will soon intersect the river, and consequently leave the Dutch country, but a little before surrendered to Colonel Carteret, out of the province of New York. It has been generally esteemed that the Connecticut commissioners in this affair took advantage of the duke's agents, who were ignorant of the geography of the country. About the close of the year, the estate of the Dutch West India company was seized and confiscated, hostilities being actually commenced in Europe as well as in America, though no declarations of war had yet been published by either of the contending parties. A great dispute between the inhabitants of Jamaica on Long Island, which was adjusted by Colonel Nicoll?, on the 2d of January, 1665, gave rise to a salutary institution which has in part ob- 512 THE HISTORY OF AMERICA. tained ever since. The controversy respected Indian deeds, and thenceforth it was ordained, that no pur- chase from the Indians, without the governor's li- cence executed in his presence, should be valid. The strength and numbers of the natives rendered it necessary to purchase their rights ; and to prevent their frequent selling the same tract, it was expe- dient, that the bargain should be attended with some considerable solemnity. Another instance of Col. Nicolls's prudence, was his gradual introduction of the English methods of government. It was not till the 12th of June, ] 665, that he incorporated the inhabitants of New York, under the care of a mayor, five aldermen and a sheriff. Till this time, the city was ruled by a scout, burgomasters, and schepens. In March preceding, there was a great convention before the governor at Hempstead, of two deputies from every town on Long Island, empowered to bind their constituents. The design of their meeting was to adjust the limits of their townships for the preservation of the public peace. The war being proclaimed at London on the 4th of this month, Nicolls received the account of it in June, with a letter from the Lord Chancellor, in- forming him that De Ruyter, the Dutch admiral, had orders to visit New York. His lordship was misinformed, or the admiral was diverted from the enterprise, for the English peaceably held possession of the country during the whole war, which was concluded on the 21st of July, 1667, by the treaty of Breda. Some are of opinion, that the exchange made with the Dutch for Surinam, which they had taken from us, was advantageous to the nation ; but these judges do not consider, that it would have been impossible for the Dutch to have preserved this colony against the increasing strength of the people in New England, Maryland, and Virginia. After an administration of three years Nicolls re- turned to England. The time during his short resi- dence here, was almost wholly taken up in confirm- ing the ancient Dutch grants. He erected no courts of justice, but took upon himself the sole decision of all controversies whatsoever. Complaints came be- fore him by petition ; upon which he gave a day to the parties, and after a summary hearing, pronounced judgment. His determinations were called edicts, and executed by the sheriffs he had appointed. It is much to his honour that, notwithstanding all this plenitude of power, he governed the province with integrity and moderation. A representation from the inhabitants of Long Island to the general court of Connecticut, made about the time of the Revolu- tion, commends him as a man of an easy and be- nevolent disposition; and this testimonial is the more to be relied upon, because the design of the writers, was, by a detail of their grievances, to in- duce the colony of Connecticut to take them under its immediate protection. Francis Lovelace, a colonel, was appointed by the duke to succeed Nicolls in the government of the province, which he began to exercise in May, 1667. As he was a man of great moderation, the people lived very peaceably under him, till the surrender of the colony, which put an end to his power, and is the only event that signalized his administration. The ambitious designs of Louis XIV. against the Dutch, gave rise to the war with the States-general iu 1672. Charles II., a prince sunk in pleasures, profligate, and poor, was easily detached from his alliance with the Dutch, by the intrigues and pecu- niary promises of the French king. The following passage from Voltaire shews that his pretences for entering into the war were groundless and trifling. " The king of England, on his side, reproached them with disrespect, in not directing their fleet to lower the flag before an English ship; and they were also accused in regard to a certain picture, wherein Cornelius de Witt, brother to the pension- ary, was painted with the attributes of a conqueror. Ships were represented in the back ground of the piece, either taken or burnt. Cornelius de Witt, who had really had a great share in the maritime exploits against England, had permitted this trifling memorial of his glory ; but the picture, which was in a manner unknown, was deposited in a chamber wherein scarce any body ever entered. The Eng- lish ministers who presented the complaints of their king against Holland, in writing, therein mentioned certain abusive pictures. The states, who always translated the memorials of ambassadors into French, having rendered abusive, by the words J'autifs trom- peurs, they replied, they did not know what these roguish pictures (ces tableaux trompeurs) were. In reality, it never in the least entered into their thoughts, that it concerned this portrait of one of their citizens, nor did they ever conceive this could be a pretence for declaring war." A few Dutch ships arrived the year after on the 30th of July, 1673, under Staten Island, at the dis- tance of a few miles from the city of New York. John Manning, a captain of an independent com- pany, had at that time the command of the fort, and by a messenger sent down to the squadron, treache- rously made his peace with the enemy. On that very day the Dutch ships came up, moored under the fort, landed their men, and entered the garrison, without giving or receiving a shot. A council of war was afterwards held at the Stadt-House, at which were present commodores, Cornelius Evertse, jun. and Jacob Benkes ; and captains, Anthony Colve, Nicholas Boes, and Abraham Ferd. Van Zyll. All the magistrates and constables from East Jersey, Long Island, Esopus, and Albany, were im- mediately summoned to New York ; and the major part of them swore allegiance to the States-general, and the prince of Orange. Colonel Lovelace was ordered to depart the province, but afterwards ob- tained leave to return to England with Commodore Benkes. It has often been insisted on, that this conquest did not extend to the whole province of New Jersey ; but upon what foundation cannot be discovered. From the Dutch records, it appears, that deputies were sent by the people inhabiting the country, even so far westward as Delaware river, who in the name of their principals made a de- claration of their submission ; in return for which, certain privileges were granted to them, and ju- dicatories erected at Niewer, Amstel, Upland, and Hoer Kill. Colve's commission to be governor of this country is worth printing, because it shews the extent of the Dutch claims. The translation runs thus :- " The honourable and awful council of war, for their high mightinesses the States-General of the United Netherlands, and his serene highness the Prince of Orange, over a squadron of ships, now at anchor in Hudson's river in New Netherlands, to all those who shall see or hear these, greeting. As it is necessary to appoint a fit and able person to carry the chief command over this conquest of New Netherlands, with all its appendencies and depend- encies from Cape Hinlopen on the south side of the south or Delaware bay, and fifteen miles more soutb.- UNITED STATES. 513 erly, with the said bay and South river included; so as they were formerly possessed by the directors of the city of Amsterdam, and after by the English government, in the name and right of the Duke of York; and further, from the said Cape of Hinlopen, along the Great Ocean, to the east end of Long Island and Shelter Island; from thence westward to the middle of the Sound, to a town called Green- wich, on the main, and to run landward in, north- erly ; provided that such line shall not come within ten miles of North river, conformable to a provincial treaty made in 1650, and ratified by the States-ge- neral, February 22, 1656, and January 23, 1664, with all lands, islands, rivers, lakes, kills, creeks, fresh and salt waters, fortresses, cities, towns, and plantations therein comprehended. So it is, that, we being sufficiently assured of the capacity of An- thony Colve, captain of a company of foot, in the service of their high mightinesses the States-gene- ral of the United Netherlands, and his serene high- ness the Prince of Orange, &c. By virtue of our commission, granted us by their before-mentioned high mightinesses and his highness, have appointed and qualified, as we do by these presents appoint and qualify, the said Captain Anthony Colve, to govern and rule these lands, with the appendeucies and dependencies thereof, as governor-general; to protect them from all invasions of enemies, as he shall judge most necessary ; hereby charging all high and low officers, justices, and magistrates, and others in authority, soldiers, burghers, and all the inhabitants of this land, to acknowledge, honour, respect, and obey the said Anthony Colve, as go- vernor-general ; for such we judge necessary for the service of the country, waiting for the approbation of our principals. Thus done at Fort William Hen- derick, the twelfth day of August, 1673. " Signed by Jacob Benkes. " Cornelius Evertse, jun." The Dutch governor enjoyed his office but a very short season; for on the 9th of February, 1674, the treaty of peace between England and the States- General was signed at Westminster; the sixth article of which restored this country to the English. The terms of it were generally, " That whatsoever coun- tries, islands, towns, ports, castles, or forts have or shall be taken on both sides, since the time that the late unhappy war broke out, either in Europe or elsewhere, shall be restored to their former lord and proprietor, in the same condition they shall be in, when the peace itself shall be proclaimed ; after which time there shall be no spoil nor plunder of the inhabitants, no demolition of fortifications, nor car- rying away of guns, powder, or other military stores, which belonged to any castle or fort at the time when it was taken." The lenity which began the administration of Colonel Nicolls was continued under Lovelace. He appears to have been a man rather of a phlegmatic than an enterprising disposition, always pursuing the common road, and scarce ever acting without the aid of his council. Instead of taking upon him- self the sole determination of judicial controversies, after the example of his predecessor, he called to his assistance a few justices of the peace. This, which was called the court of assizes, was the prin- cipal law judicatory in those times. It was a court both of law and equity, for the trial of causes of 20/. and upwards, and ordinarily sat but once a year. Subordinate to this, were the town courts and ses- sions; the former took cognizance of actions under bl., and the latter of suits between that sum and HIST. OF AMER. Nos. 65 & 66. wenty pounds : seven constables and overseers were udges in the first, and in the last the justices of the peace, with a jury of seven men. The verdict of the majority was sufficient. The legislative power under the duke was vested entirely in the governor and council. A third estate might then be easily dispensed with, for the charge of the province was small, and in a great measure defrayed by his royal highness, the proprietor of the country. The man- ner of raising public money was established by Co- lonel Nicolls on the 1st of June, 1665. The high sheriff issued a warrant annually to the high con- stables of every district, and they sent theirs to the petty constables; who, with the overseers of each town, made a list of all male persons above sixteen years of age, with an estimate of their rent and personal estates, and then taxed them according to certain rates, prescribed by a law. After the assess- ment was returned to the high sheriff, and approved by the governor, the constables received warrants for levying the taxes by distress and sale. Upon the conclusion of the peace in 1674, the Duke of York, to remove all controversy respecting his property, obtained a new patent from the king, dated the 29th of June, for the lands granted in 1664, and two days afterwards commissioned Major, afterwards Sir Edmond Andross, to be governor of his territories in America. After the resignation of this province, which was made to him by the Dutch possessors, on the 31st of October following he called a court-martial, to try Manning for his treacherous and cowardly surrender. The articles of accusation exhibited against him were in substance ; I. That the said Manning, on the 28th of July, 1673, having notice of the approach of the enemy's fleet, did not endeavour to put the garrison in a posture of defence, but on the contrary slighted such as offered their assistance. II. That while the fleet was at anchor under Sta- ten Island, on the 30th of July, he treacherously sent on board to treat with the enemy, to the great discouragement of the garrison. III. That he suffered the fleet to moor under the fort, forbidding a gun to be fired on pain of death. IV. That he permitted the enemy to land without the least opposition. V. That shortly after he had sent persons to treat with the Dutch commodores, he struck his flag, even before the enemy were in sight of the garrison, the fort being in a condition, and the men desirous to fight. VI. And lastly, that he treacherously caused the fort gates to be opened, and cowardly and basely let in the enemy, yielding the garrison without articles. Such conduct, which Manning on his trial con- fessed to be true, is less surprising than the lenity of the sentence pronounced against him ; which was, that, though he deserved death, yet because he har 1 since the surrender been in England, and seen the king and duke, it was adjudged that his sword should be broken over his head in public, before the city hall, and himself rendered incapable of wearing a sword, and of serving Lis majesty for the future, in any public trust in the government. This light censure is, however, no proof that Sir Edmond was a man of a merciful disposition ; the historians of New England, where he was afterwards governor, justly transmit him to posterity, under the odious character of a sycophant tool to the duke, and an arbitrary tyrant over the people committed to his care. He knew no law but the will of his master, and Kirk and Jefferies were not fitter instru 3F 514 THE HISTORY OF AMERICA. ments than he to execute the despotic projects of James II. In the year 1675, Nicholas Renslaer, a Dutch clergyman, arrived. He claimed the manor of Ren- slaerwick, and was recommended by the duke to Sir Edmond Andross for a living in one of the churches at New York, or Albany, probably to serve the popish cause, Niewenhyt, minister of the church at Albany, disputed his right to administer the sacra- ments, because he had received an episcopal ordi- nation, and was not approved by the Chassis of Am- sterdam, to which the Dutch churches hold them- selves subordinate. In this controversy the governor took the part of Renslaer, and accordingly sum- moned Niewenhyt before him, to answer for his conduct. This minister was treated with such sin- gular contempt, and so frequently harassed by fruitless and expensive attendances before the coun- cil, that the dispute became interesting, and the greater part of the people resented the usage he met with. Hence we find, that the magistrates of Albany soon after imprisoned llcnslacr) for several dubious words (as they are called in the record) de- livered in a sermon. The governor, on the other hand, ordered him to be released, and summoned the magistrates to attend him at New York ; warrants were then issued to compel them to give security in 5000/. each, to make out good cause for confining the minister. Leisler, who was one of them, refused to comply with the warrant, and was thrown into jail. Sir Edmond, fearful that a great party would rise up against him, was at last compelled to dis- continue his ecclesiastical jurisdiction, and to refer the controversy to the determination of the consistory of the Dutch church at Albany. It is perhaps not improbable, that these popish measures sowed the seeds of that aversion to the duke's government, which afterwards produced those violent convulsions in the province under Leisler, at the time of the revolution, in favour of the Prince of Orange. Another reason is assigned for the favour he met with from the crown. It is said, that while Charles II. was an exile, he predicted the day of his resto- ration. The people of Albany had a high opinion of his prophetic spirit, and many strange tales pre- vailed there. The parson made nothing of his claim, the manor being afterwards granted, by Col. Dongan, to Killian Van Renslaer, a distant relation. This extensive tract, by the Dutch called a colony, is an oblong, extending twenty-four miles upon Hudson's river, and as many on each side. The patent of confirmation was issued by special direction from the king, and is the most liberal in the privileges it grants of any one in the province. If Sir Edmond Andross's administration at New York appears to be less exceptionable than while he commanded at Boston, it was through want of more opportunities to shew himself in his true light. The main course of his public proceedings, during his continuance in the province, was spent in the ordinary acts of government, which then principally consisted in passing grants to the subject, and pre- siding in the court of assize, established by Colonel Lovelace. The public exigences were now in part supplied by a kind of benevolence ; the badge of bad times ; this appears in an entry on the records, of a letter of May 5, 1676, from Governor Andross, to several towns of Long Island, desiring to know, what sums they would contribute towards the war. Near the close of his administration, he thought proper to quarrel with Philip Carteret, who in 1680 exercised the government of East Jersey, under a commission from Sir George Carteret, dated the 31st of July, 1675 ; Andross disputed his right, and seized and brought him prisoner to New York; for which it is said he lost his own government, but whoever considers that Sir Edmond was immediately preferred to be governor of Boston, will rather be lieve, that the duke superseded him for some other reasons. Before proceeding to the succeeding administra- tion, in which the Indian affairs began to have a powerful influence upon the public measures, it may not be improper to present the reader with a sum- mary view of the history and character of the Five Nations, by the Dutch called Maquaas, by the French Iroquois, and by us, Five Nations, Six Na- tions, and lastly the Confederates. They are greatly diminished, and consist now only of about 1200 fighting men. These, of all the innumerable tribes of savages, which inhabit the northern part of America, are of most importance, both on account of their vicinity and warlike disposition. Before the last incorporation of the Tuscaroras, a people driven by the inhabitants of Carolina from the frontiers of Virginia, they consisted of five confederate canions. The Tuscaroras were received upon a supposition, that they were originally of the same stock with the Five Nations, because there is some similitude be- tween their languages. What in particular gave rise to this league, and when it took place, are questions which neither the natives, nor Europeans, pretend to answer. Each of these nations is divided into three families, or clans, of different ranks, bear- ing for their arms, and being distinguished by the names of, the tortoise, the bear, and the wolf. Their instruments of conveyances are signed by sig- natures, which they make with a pen, representing these animals. No people in the world perhaps have higher no- tions than these Indians of military glory. All the surrounding nations have felt the effects of their prowess; and many not only became their tributa- ries, but were so subjugated to their power, that without their consent, they durst not commence either peace or war. Though a regular police for the preservation of harmony within, and the defence of the state against invasions from without, is not to be expected from savages, yet perhaps they have paid more attention to it than is generally allowed. Their government is suited to their condition. A people whose riches consist not so much in abundance, as in a freedom from want ; who are circumscribed by no bound- aries ; who live by hunting, and not by agriculture, must always be free, and therefore subject to no other authority than such as consists with the liberty necessarily arising from their circumstances. All their affairs, whether respecting peace or war, are under the direction of their Sachems, or chief men. Great exploits and public virtue procure the esteem of a people, and qualify a man to advise in council, and execute the plan concerted for the advantage of his country ; thus whoever appears to the Indians in this advantageous light, commences a Sachem without any other ceremony. As there is no other way of arriving at this dig- nity, so it ceases unless an uniform zeal and activity for the common good is uninterruptedly continued. Some have thought it hereditary, but that is a mis- take. The son is indeed respected for his father's services, but without personal merit he can never share in the government which, were it otherwise, must sink into perfect disgrace. The children of UNITED STATES 515 such as are distinguished for their patriotism, moved by the consideration of their birth, and the perpetual incitements to virtue constantly inculcated into them, imitate their father's exploits, and thus attain to the same honours and influence ; which accounts for the opinion that the title and power of Sachem is hereditary. Each of these republics has its own particular chiefs, who hear arid determine all complaints in council, and though they have no officers for the execution of justice, yet their decrees are always obeyed, from the general reproach that would follow a contempt of their advice. The condition of this people exempts them from factions, the common disease of popular governments. It is impossible to gain a party amongst them by indirect means ; for no man has either honour, riches, or power to bestow. All affairs which concern the general interest are determined in a great assembly of the chiefs of each canton, usually held at Onondago, the centre of their country. UpoL emergencies they act separately, but nothing can bind the league but the voice of the general convention. The French, upon the maxim of divide and govern, tried all possible means to disunite these repub- lics, and sometimes even sowed great jealousies amongst them. In consequence of this plan, they seduced many families to withdraw to Canada, and there settled them in regular towns, under the com- mand of a fort and the tuition of missionaries. The manners of these savages are as simple as their government. Their houses arc a few crotched stakes thrust into the ground and overlaid with bark. A fire is kindled in the middle, and an aperture left at the top for the conveyance of the smoke. When- ever a considerable number of those huts are col- lected, they have a castle, as it is called, consisting of a square without bastions, surrounded with pali- sadoes. They have no other fortification ; and this is only designed as an asylum for their old men, their wives and children, whilst the rest are gone out to war. They live almost entirely without care. While the women, or squaws, cultivate a little spot of ground for corn, the men employ themselves in hunting. As to clothes, they use a blanket girt at the waist, and thrown loosely over their shoulders ; some of their women indeed have, besides this, a sort of a petticoat, and a few of their men wear shirts ; but the greater part of them are generally half-naked. In winter, their legs are coveted with stockings of blanket, and their feet with socks of deer skin. Many of them are fond of ornaments, and their taste is very singular. Some have rings affixed, not only to their ears but their noses. Bracelets of silver and brass round their wrists, are very common. The women formerly plaited their hair, and tied it up behind in a bag, perhaps in imitation of the beaus in Canada. Though the Indians are capable of sus- taining great hardships, yet they cannot endure much labour, being rather fleet than strong. Their men are taller than the Europeans, rather corpulent, always beardless, because they pluck out the hairs. The French writers, who say they have naturally no beards, are mistaken ; and the reasons they assign for it are ridiculous. They are strait-limbed, of a tawny complexion, and black uncurled hair. In their food they have no manner of delicacy, for though venison is their ordinary diet, yet sometimes they eat dogs, bears, and even snakes. Their cook- ery is of two kinds, boiled or roasted ; to perform the latter, the meat is penetrated by a short sharp stick set in the ground, inclining towards the fire, and turned as occasion, requires. They are hospi- table to strangers, though few Europeans would relish their highest favours of this kind, for they are very dirty both in their garments and food. Every man has his own wife, whom he takes and leaves at pleasure ; a plurality, however, at the same time, is by no means admitted among them. They have been generally commended for their chastity, but others say, on good authority, that they are very lascivious, and that the women, to avoid reproach, frequently destroy the fetus in the womb. They are so perfectly free, that unless their children, who generally assist their mother, may be called servants, they have none. The men frequently associate themselves for conversation, by which means they not only preserve the remembrance of their wars and treaties, but diffuse among their youths incite- ments to a love of war, as well as instruction in all its subtilties. Since they became acquainted with the Europeans, their warlike apparatus is a musket, hatchet, and a long knife. To " take up the hatchet," is with them a phrase signifying to declare war ; as on the contrary "to bury it " denotes the establishment of a peace. Their boys still accustom themselves to bows and arrows, and are so dextrous in the use of them, that a lad of sixteen will strike an English shilling five times in ten, at twelve or fourteen yards distance. Their men are excellent marksmen, both with the gun and hatchet; their dexterity at the latter is very extraordinary, for they rarely miss the object though at a considerable distance. The hatchet in the flight perpetually turns round, and yet always strikes the mark with the edge. Before they go out, they have a feast upon dog's flesh and a great war dance. At these, the war- riors, who are frightfully painted with vcrmillion, rise up and sing their own exploits, or those of their ancestors, and thereby kindle a military enthusiasm in the whole company. The day after the dance, they march out a few miles in a row, observing a profound silence. The procession being ended, they strip the bark from a large oak, and paint the design of their expedition on the naked trunk. The figure of a canoe, with the number of men in it, de- termines the strength of their party; and by a deer, a fox, or some other emblem painted at the head of it, we discover against what nation they are gone out. The five nations being devoted to war, every art is contrived to diffuse a military spirit through the whole body of their people. The ceremonies attend- ing the return of a party, seem calculated in par- ticular for that purpose. The day before they enter the village, two heralds advance, and at a small dis- tance set up a yell, which by its modulation inti- mates either good or bad news. If the former, the village is alarmed, and an entertainment provided for the conquerors, who in the mean time approach in sight : one of them bears the scalps stretched over a bow, and elevated upon a long pole. The boldest man in the town comes out, and receives it, and in- stantly flies to the hut were the rest are collected, If he is overtaken, he is beaten unmercifully ; but if he outruns the pursuer, he participates in the honour of the victors, who at their first entrance receive no compliments, nor speak a single word till the end of the feast. Their parents, wives, and children then are admitted, and treat them with the profoundest respect. After these salutations, one of the conquerors is appointed to relate the whole ad- venture, to which the rest attentively listen without 3F2 516 THE HISTORY OF AMERICA. asking a question, and the whole concludes with a savage dance. The Indians never fight in the field, or upon equal terms / but always sculk and attack by surprise, in small parties, meeting every night at a place of rendezvous. Scarce any enemy can escape them; for, by the disposition of the grass and leaves, they follow his track with great speed any where but over a rock. Their barbarity is shocking to human na- ture. Women and children they generally kill and scalp, because they would retard their progress, but the men they carry into captivity. If any woman has lost a relation, and inclines to receive the pri- soner in his stead, he not only escapes a series of the most inhuman tortures, and death itself, but en- joys every immunity they can bestow, and is es- teemed a member of the family into which he is adopted. To part with him would be the most ig- nominious conduct, and considered as selling- the blood of the deceased ; and, for this reason, it is not without the greatest difficulty that a captive is re- deemed. When the Indians incline to peace, a messenger is sent to the enemy with a pipe, the bowl of which is made of soft red marble ; and a long reed, beau- tifully painted, and adorned with the gay plumage of birds, forms the stem. This is his infallible pro- tection from any assault on the way. The envoy makes his proposals to the enemy, who, if they ap- prove them, ratify the preliminaries to the peace, by smoking through the pipe, and, from that instant, a general cessation of arms takes place. The French call it a calumet. It is used, as far as can be learned, by all the Indian nations on the continent. The rights of it, are esteemed sacred, and have been only invaded by the Flat Heads ; in just indignation for which the confederates maintained a war with them for near thirty years. As to the language of the five nations, the best account of it is contained in a letter from the Reve- rend Mr. Spencer, who resided amongst them in the year 1748, being then a missionary from the Scotch society for propagating Christian knowledge. He writes thus : " Except the Tuscaroras, all the six nations speak a language radically the same. It is very masculine and sonorous, abounding with gutturals and strong aspirations, but without labials. Its solemn grave tone is owing to the generosity of its feet. " The extraordinary length of Indian words, and the guttural aspirations necessary in pronouncing them, render the speech extremely rough and diffi- cult. The verbs never change in their terminations, as in Latin, Greek, and Hebrew, but all their varia- tions are prefixed. Besides the singular aud plural, they have also the dual number. A strange trans- position of syllables of different words is very com- mon in the Indian tongue. " The dialect of the Oneydas is softer than that of the other nations ; and the reason is, because they have more vowels, and often supply the place ot harsh letters with liquids; instead of R, they always use L : Rebecca would be pronounced Lequecca." The art of public speaking is in high esteem among the Indians, and much studied. They are extremely fond of method, and displeased with an irregular harangue, because it is difficult to be re- membered. When they answer, they repeat the whole, reducing it into strict order. Their speeches are short, and the sense conveyed in strong meta- phors. In conversation they are sprightly, but so- lemn and serious in their messages relating to pub- lic affairs. Their speakers deliver themselves with surprising force, and great propriety of gesture. The fierceness of their countenances, the flawing blanket, elevated tone, naked arm, and erect stature, with a half circle of auditors seated on the ground and in the open air, cannot but impress upon the mind a lively idea of the ancient orators of Greece and Rome. At the close of every important part of the speech, ratifying an old covenant or creating a new one, a belt is generally given, to perpetuate the remem- brance of the transaction. These belts are about four inches wide, and thirty in length. They con- sist of strings of conque-shell beads fastened tog'ether. Those beads, which passed for money, were called by the Indians Wampum, and by the Dutch Se- want; six beads were formerly valued at a styver. There were always several poor families at Albany, who supported themselves by coining this cash for the traders. With respect to religion, the Indians may be said to be under the thickest gloom of ignorance. It' they have any, which is much to be questioned, those who affirm it, will find it difficult to tell us wherein it consists. They have neither priest nor temple, sacrifice nor altar. Some traces indeed appear of the original law written upon their hearts ; but they have no system of doctrines, nor any rites and modes of public worship. They are sunk, unspeakably, beneath the polite pagans of antiquity. Some con- fused notions, indeed, of beings superior to them- selves, they have ; but of the Deity, and his natural and moral perfections, no proper or tolerable con- ceptions ; and of his general and particular provi- dence they know nothing. They profess no obli- gations to him, nor acknowledge their dependence upon him. Some of them, it is said, are of opinion that there are two distinct, powerful beings, one able to help, the other to do them harm. The latter they venerate most, and some aDege, that they ad- dress him by a kind of prayer. Though there are no public monuments of idolatry to be seen in their country, yet the missionaries have discovered coarse imagery in wooden trinkets, in the hands of their jugglers, which the converts deliver up as detestable. The sight of them would remind an antiquary of the Lares and Penates of the ancients, but no cer- tain judgment can be drawn of their use. The In- dians sometimes assemble in large numbers, and retire far into the wilderness, where they eat and drink in a profuse manner. These conventions are called kenticoys. Some esteem them to be de- bauched revels, or bacchanalia ; but those who have privately followed them into these recesses give such accounts of their conduct, as naturally lead one to imagine that they pay a joint homage and supplica- tion to some invisible being. If we suppose they have a religion, it is worse than none, and raises most melancholy ideas of their depraved condition. As to the history of the Five Nations before their acquaintance with the Europeans, it is involved in the darkness of antiquity. It is said that their first residence was in the country about Montreal ; and that the superior strength of the Adirondacks, whom the French call Algonquins, drove them into their present possessions, lying on the south side of the Mohawks river, and the great lake Ontario. To- wards the close of those disputes, which continued for a great series of years, the confederates gained advantages over the Adirondacks, and struck a ge- neral terror into all the other Indians. The Hurons on the north side of the lake Erie, and the Cat In- UNITED STATES. 517 dians on the south side, were totally conquered and dispersed. The French, who settled Canada in 1603, took umbrage at their success, and began a war with them which had well nigh ruined the new colony. In autumn, 1665, M. Courcelles, the go- vernor, sent out a party against the Mohawks. Through ignorance of the country, and the want of snow shoes, they were almost perished, when they fell in with Schencetady. And even there the In- dians would have sacrificed them to their barbarous rage, had not Corlear, a Dutchman, interposed to protect them. For this seasonable hospitality, the French governor invited him to Canada, but he was unfortunately drowned in his passage through the lake Champlain. It is in honour of this man, who was a favourite of the Indians, that the go- vernors of New York, in all their treaties, were addressed by the name of Corlear. Twenty light companies of foot, and the whole militia of Canada, marched the next spring into the country of the Mohawks; but their success was very unequal to the charge and labour of such a tedious march ol 700 miles, through an uncultivated desart ; for the Indians, on their approach, retired into the woods, leaviiig behind them some old sachems, who preferred death to life, to glut the fury of their enemies. The emptiness of this parade on the one hand, and the Indian fearfulness of fire-arms on the other, broughl about a peace in 1667, which continued for severa years after. In this interval both the English anc French cultivated a trade with the natives very pro litable to both nations. The latter, however, were most politic, and vigorous, and tilled the Indiar country with their missionaries. The Sieur Perot the very year in which the peace was concluded, tra veiled above 1200 miles westward, making proselyte of the Indians every where to the French interest Courcelles appears to have been a man of art am industry. He took every measure in his power fo the defence of Canada. To prevent the eruption of the Five Nations by the way of lake Champlain he built several forts in 1665, between that and th mouth of the river Sorel. In 1672, just before hi return to France, under pretence of treating wit! the Indians more commodiously, but in reality, a Charlevoix expresses it, " to bridle them," he ob tained their leave to erect a fort at Caderacqui, o kike Ontario, which Count Frontenac, his successor completed the following spring, and called after hi own name. The command of it was afterwards give to Mr. De la Salle, who, in 1678, rebuilt it wit stone. This enterprising person, the same yeai launched a bark of ten tons into the lake Ontaric and another of sixty tons, the year after, into lak Erie, about which time he enclosed with pallisadoe a little spot at Niagara. Though the Duke of York had preferred Colon Thomas Dongan to the government of thisprovinc on the 30th of September, 1682, he did not arriv here till the 27tb of August in the following yea He was a man of integrity, moderation, and polil manners, and though a professed papist, may classed among the best of the governors. The people, who had been formerly ruled at th will of the duke's deputies, began their first part cipation in the legislative power under Colonel Don gan, for shortly after his arrival, he issued orde to the sheriffs to summon the freeholders for choosin representatives, to meet him in assembly on the 17th of October, 1683. Nothing could be more agreeable to the people, who, whether Dutch or English, were born the subjects of a free state ; nor indeed was the jange of less advantage to the duke than to the nhabitants. For such a general disgust had pre- ailed, and in particular in Long Island, against ic old form which Colonel Nicolls had introduced, s threatened the total subversion of the public tran- uillity. Colonel Dongan saw the disaffection of ic people at the east end of the island, for he landed icre on his first arrival in the country ; and to ex- nguish the discontent, then impatient to burst ut, gave them his promise, that no laws or rates r the future should be imposed but by a general ssembly. Doubtless, this alteration was agreeable o the duke's orders, who had been strongly impor- uned for it, as well as acceptable to the people, for ,hey sent him soon after an address, expressing the ighest sense of gratitude for so beneficial a change n the government. It would have been impossible or him much longer to have maintained the old model over free subjects, who had just before formed hemselves into a colony for the enjoyment of their iberties, and had even already solicited the protec- tion of the colony of Connecticut, from whence the greatest part of them came. Disputes relating to he limits of certain townships at the east end of Long Island, sowed the seeds of enmity against Dongan so deeply in the hearts of many who were concerned in them, that their representation to Con- necticut, at the revolution, contains the bitterest in- ectives against him. Dongan surpassed all his predecessors in a due attention to affairs with the Indians, by whom ic was highly esteemed. It must be remembered :p his honour, that though he was ordered by the duke to encourage the French priests who were come to reside among the natives, under pretence of advancing the popish cause but in reality to gain them over to a French interest; yet he forbid the five nations to entertain them. The Jesuits, how- ever, had no small success. Their proselytes were called praying Indians, or Caghnuagaes,and resided afterwards in Canada, at the fall of St. Lewis, oppo- ite to Montreal. This village was begun in 1671, and consisted of such of the five nations as had formerly been drawn away by the intrigues of the French priests, in the times of Lovelace and An- dross, who seem to have paid no attention to the Indian affairs. It was owing to the instigation also of these priests, that the five nations about this time committed hostilities on the back parts of Mar)'- land and Virginia, which occasioned a grand con- vention at Albany, in the year 1684. Lord Howard of Effingham, the governor of Virginia, was present, and made a covenant with them for preventing fur- ther depredations, towards the accomplishment of which, Colonel Dongan was very instrumental. While Lord Howard was at Albany, a messenger from De la Barre, then governor of Canada, arrived, complaining of the Senneca Indians, lor interrupt- ing the French in their trade with the more distant Indians, commonly included among us by the ge- neral name of the Far Nations. Colonel Dongan, to whom the message was sent, communicated it to the Sennecas, who admitted the charge, but justified their conduct, alleging, that the French supplied arms and ammunition to the Twightwies, with whom they were then at war. De la Barre, at the same time, meditating nothing less than the total destruc- tion of the five nations, proceeded with an army of 1 700 men to the lake Ontario. Mighty preparations were made to obtain the desired success : fresh troops were impoited from France, and a letter procured from the duke of York to Colonel Dongau 518 THE HISTORY OF AMERICA. commanding him to lay no obstacles in the way. king, my master, has commanded me to make. He The officers posted in the out forts, even as far as doth not wish them to force him to send a great Messilimakinae, were ordered to rendezvous at army to Cadarackui fort, to begin a war which must Niagara, with adl the western Indians they could be fatal to them. He would be sorry that this fort, engage. Dongan, regardless of the duke's orders, that was the work of peace, should become the pri- appriscd the Indians of the French designs, and son of your warriors. We must endeavour, on both promised to assist them. After six weeks delay at sides, to prevent such misfortunes. The French, fort Frontenac, during which time a great sickness who are the brethren and friends of the five nations, occasioned by bad provisions, broke out in the will never trouble their repose, provided that the French army, De la Barre found it necessary to satisfaction which I demand, be given ; and that the conclude the campaign with a treaty, for which pur- treaties of peace be hereafter observed. I shall be pose he crossed the lake, and came to the place extremely grieved, if my words do not produce the which, from the distress of his army, was called La effect which I expect from them; for then I shall Famine. Dongan sent an interpreter among the be obliged to join with the governor of New York, Indians, by all means to prevent them from attend- who is commanded by his master to assist me, and ing the treaty. The Mohawks and Sennecas ac- burn the castles of the five nations, and destroy you. cordingly refused to meet De la Barre, but the Oney- This belt conh'rms my words." does, Onondagas, and Cayugas, influenced by the Garrangula heard these threats with contempt, missionaries, were unwilling to hear the interpreter, because he had learnt the distressed state of the except before the priests, one La Main, and three French army, and knew that they were incapable other Frenchmen, and afterwards waited upon the of executing the designs with which they set out ; French governor. Two days after their arrival in and therefore, after walking five or six times round the camp, Monsieur De la Barre addressing him- the circle, he answered the French governor, who self to Garrangula, an Onoudaga chief, made the sat in an elbow chair, in the following strain : following speech, the Indians and French officers at " Yonnondio, 1 honour you, and the warriors the same time forming a circle round about him. that are with me likewise honour you. Your in- " The king, my master, being informed that the terpreter has finished your speech; I now begin five nations have often infringed the peace, has or- mine. My words make haste to reach your ears ; dered me to come hither with a guard, and to send hearken to them. Ohguesse to the Onondagas, to bring the chief Sa- " Yonnondio,-you must have believed, when you chems to my camp. The intention of the great left Quebec, that the sun 'had burnt up all the king is, that you and I may smoke the calumet of forests, which render our country inaccessible to the peace together : but on this condition that you pro- French, or that the lakes had so far overflown the mise me, in the name of the Sennecas, Cayugas, banks, that they had surrounded our castles, and Onondagas, and Mohawks, to give entire satisfac- that it was impossible for us to get out of them, tion and reparation to his subjects, and for the fu- Yes, Yonnondio, surely you must have dreamt so, tare never to molest them. and the curiosity of seeing so great a wonder has " The Sennecas, Cayugas, Onondagas, Oneydoes, brought you so far. Now you are undeceived, since and Mohawks, have robbed and abused all the trad- I and the warriors here present, are come to assure ers that were passing to the Illinois and Miames, you, that the Sennecas, Cayugas, Onondagas, Oney- and other Indian nations, the children of my king, does, and Mohawks, are yet alive. I thank you, in They have acted, on these occasions, contrary to their name, for bringing back into their country the the treaty of peace with my predecessor. I am or- calumet which your predecessor received from their dered, therefore, to demand satisfaction, and to tell hands. It was happy for you, that you left under- them that, in case of refusal, or their plundering ground that murdering hatchet that has been so us any more, I have express orders to declare war. often died in the blood of the French. Hear, Yon- This belt confirms my words. The warriors of the nondio, I do not sleep, I have my eyes open, and five nations have conducted the English into the the sun which enlightens me discovers to me a lakes which belong to the king, my master, and great captain at the head of a company of soldiers, brought the English among the nations that are his who speaks as if he were dreaming. He says, that children, to destroy the trade of his subjects, and to he only came to the lake to smoke on the great withdraw these nations from him. They have car- calumet with the Onondagas. But Garrangula ried the English thither, notwithstanding the pro- says, that he sees the contrary, that it was to knock hibition of the late governor of New York, who fore- them on the head, if sickness had not weakened the saw the risk that both they and you would run. I arms of the French. am willing to forget those things, but if ever the like " I see Yonnondio raving in a camp of sick men, shall happen for the future, I have express orders to whose lives the great spirit has saved, by inflicting declare war against you. This belt confirms my this sickness on them. Hear, Yonnondio ! our wo- words. Your warriors have made several barbarous men had taken their clubs, our children and old men incursions on the Illinois and Umameis ; they have had carried their bows and arrows into the heart of massacred men, women, and children, and have your camp, if our warriors had not disarmed them made many of these nations prisoners, who thought and kept them back, when your messenger, Oh- themselves safe in their villages in time of peace ; guesse, came to our castles. It is done, and I have these people, who are my king's children, must not said it. Hear, Yonnondio ! we plundered none of be your slaves ; you must give them their liberty, 1 the French, but those that carried guns, powder, and send them back into their own country. If the and ball to the Twightwies and Chictaghicks, be- five nations shall refuse to do this, I have express cause those arms might have cost us our lives. Herein orders to declare war against them. This belt con- 1 we follow the example of the Jesuits, who stave all firms my words. the kegs of rum brought to our castles, lest the " This is what I have to say to Garrangula, that drunken Indians should knock them on the head, he may carry tq the Sennecas, Onondagas, Oneydoes, Our warriors have not beaver enough to pay for all Cayugas, an r ! Mohawks, the declaration which the j these arms that they have taken, and our old men UNITED STATES. 519 are not afraid of the war. This belt preserves my words. " We carried the English into our lakes, to trade there with the Utawawas and Quatoghies, as the Adirondacks brought the French to our castles, to carry on a trade, which the English say is theirs. We are born free ; wo neither depend on Yonnon- dio nor Corlear. " We may go where we please, and carry with us whom we please, and buy and sell what we please : if your allies be your slaves, use them as such, com- mand them to receive no other but your people. This belt preserves my words. " We knocked the Twightwies and Chictaghicks on the head, because they had cut down the trees of peace, which were the limits of our country. They have hunted beavers on our lands : they have acted contrary to the customs of all Indians, for they left none of the beavers alive, they killed both male and female. They brought the Satanas into the country, to take part with them, after they had con- certed ill designs against us. We have done less than either the English or French, that have usurped the lands of so many Indian nations, and chased them from their own country. This belt preserves my words. " Hear, Yonnondio, what I say is the voice of all the five nations hear what they answer open your ears to what they speak. The Sennecas, Cayugas, Onondagas, Oneydoes, and Mohawks say, that when they buried the hatchet at Cadarackui (in the pre- sence of your predecessor) in the middle of the fort ; they planted the tree of peace in the same place, to be there carefully preserved, that, in place of a re- treat for soldiers, that port might be a rendezvous for merchants : that in place of arms and ammuni- tion of war, beavers and merchandize should only enter there. " Hear, Yonnondio, take care for the future, that so great a number of soldiers as appear there do not choak the tree of peace planted in so small a fort. It will be a great loss if, after it had so easily taken root, you should stop its growth, and prevent its covering your country and ours with its branches. I assure you, in the name of the five nations, that our warriors shall dance to the calumet of peace under its leaves, and shall remain quiet on their mats, and shall never dig up the hatchet, till their brother Yonnondio or Corlear shall, either jointly or separately, endeavour to attack the country which the great spirit has given to our ancestors. This belt preserves my words, and this other, the authority which the five nations have given me." Then Garrangula, addressing himself to Monsieur La Main, said " Take courage Ohguesse, you have spirit, speak, explain my words, forget nothing, tell all that your brethren and friends say to Yonnondio your governor, by the mouth of Garrangula, who loves you, and desires you to accept of this present of beaver, and take part with me in my feast, to which I invite you. This present of beaver is sent to Yonnondio, on the part of the five nations." Enraged at this bold reply De la Barre, as soon as the peace was concluded, retired to Montreal, and ingloriously finished an expensive campaign, as Dr. Golden observes, in a scold with an old Indian. De la Barre was succeeded by the Marquis de Nouville, colonel of the dragoons, who arrived with a reinforcement of troops in 1685. The marquis was a man of courage, and an enterprising spirit, and not a little animated by the consideration, that he was sent over to repair the disgrace which his predecessor had brought upon the French colony. The year after his arrival at Quebec, he wrote a letter to the minister in France, recommending the scheme of erecting a stone fort, sufficient to contain four or five hundred men, at Niagara, not only to exclude the English from the lakes, but to command the fur trade, and subdue the five nations. Don- gan, who was jealous of his designs, took umbrage at the extraordinary supplies sent to fort Frontenac, and wrote to the French governor, signifying that, if he attacked the confederates, he would consider it as a breach of the peace subsisting between the two crowns ; and to prevent his building a fort at Nia- gara, he protested against it, and claimed the coun- try as dependent upon the province. De Nonville, in his answer, denied that he intended to invade the five nations, though the necessary preparations for that purpose were then carrying on, and yet Char- levoix commends him for his piety and uprightness. Colonel Dongan, who knew the importance of the Indian alliance, placed no confidence in the decla- rations of the marquis, but exerted himself in pre- paring the confederates for the war ; and the French author just mentioned does him honour, while he complains of him as a perpetual obstacle in the way of the execution of their schemes. De Nonville, to prevent the interruption of the French trade with the Twiglitwies, determined to divert the five nations, and carry the war into their country. To that end, in 1687, he collected 2,000 troops, and 600 Indians, at Montreal, and issued orders to all the officers in the more westerly coun- try to meet him with additional succours at Niagara, on an expedition against the Sennecas. An English party, under one M'Gregory, at the same time was gone out to trade on the lakes, but the French, not- withstanding the peace then subsisting between the two crowns, intercepted them, seized their effects, and imprisoned their persons. Monsieur Fonti, com- mandant among the Chictaghics, who was coming to the general's rendezvous at Niagara, did the like to another English party, which he met with in lake Erie both which attacks were open infractions of the treaty at Whitehall, executed in November, 1686; by which it was agreed, that the Indian trade in America should be free to the English and French. The five nations, in the mean time, were preparing to give the French army a suitable reception. Monsieur Compauie, with two or three hundred Ca- nadians in an advanced party, surprised two villages of the confederates, who, at the invitation, and on the faith of the French, seated themselves down about eight leagues from lake Fadarackui or Onta- rio. To prevent their escape with intelligence to their countrymen, they were carried to the fort, and all but thirteen died in torments at the stake, sing- ing, with an heroic spirit, in their expiring moments, the perfidy of the French. The rest, according to the express orders of the French king, were sent to the gallies in Europe. The marquis having em- barked his whole army in canoes, set out from the fort at Cadurackui on the 23d of June, one half of them passing along the north, and the other on the south side the lake ; and both arrived the same day at Tyronpequait, and shortly after set out on their march towards the chief village of the Sennecas, at about seven leagues distance. The main body was composed of the regulars and militia, the front and rear of the Indians and traders. The scouts ad- vanced the second day on their march as far as the corn of the village, and within pistol-shot of 500 iis, wlu lay upon their bellies, 520 THE HISTORY OF AMERICA. The French, who imagined the enemy were all fled, quickened their march, to overtake the women and old men. But no sooner had they reached the foot of a hill, about a mile from the villages, than the Sennecas raised the war shout, and in the same in- stant charged upon the whole army both in the front and rear. Universal confusion ensued. The bat- talions divided, fired upon each other, and fled into the wood. The Sennecas improved the disorder of the enemy, till they were repulsed by the French Indians. According to Charlevoix's account, which may be justly suspected, the enemy lost but six men, and had twenty wounded in the conflict. Of the Sennecas, he says, sixty were wounded, and forty-five slain. The marquis was so much dispi- rited, that he could not be persuaded to pursue the enemy that day ; which gave the Sennecas an op- portunity to burn their village, and get off. Two old men remained in the castle to receive the gene- ral, and regale the barbarity of his Indian allies. After destroying the corn in this and several other villages, the army retired to the banks of the lake, and erected a fort with four bastions on the south- east side of the straights at Niagara, in which they left one hundred men under the command of Le Chevalier de la Troye, with eight months provisions; but these being chiefly blocked up, all, except seven or eight of them, who were accidentally relieved, perished through famine. Soon after this expedition Colonel Dongan met the five nations at Albany. To what intent, appears from the speech he made to them on the 5th of August, which is quoted, in order to shew his vigilance and zeal for the province committed to his care, and a sample of the mode of conducting business. " Brethren, I am very glad to see you here in this house, and am heartily glad that you have sus- tained no greater loss by the French, though I be- lieve it was their intention to destroy you all, if they could have surprised you in your castles. " As soon as I heard their design to war with you, I gave you notice, and came up hither myself, that I might be ready to give all the assistance and advice that so short a time would allow me. " I am now about sending a gentleman to Eng- land to the king, my master, to let him know that the French have invaded his territories on this side of the great lake, and warred upon the brethren, his subjects. I therefore would willingly know, whether the brethren have given the governor of Canada any provocation or not ; and if they have, how, and in what manner ; because I am obliged to give a true account of this matter. This business may cause a war between the king of England, and the French king, both in Europe and here, and therefore I must know the truth. " I know the governor of Canada dare not enter into the king of England's territories in a hostile manner, without provocation, if he thought the bre- thren were the king of England's subjects ; but you have, two or three years ago, made a covenant chain with the French, contrary to my command, (which I knew could not hold long), being void of itself among the Christians ; for as much as subjects (as you are) ought not to treat with any foreign nation, it not lying in your power. You have brought this trouble on yourselves, and, as I believe, this is the only reason of their falling on you at this time. " Brethren, I took it very ill, that after you had put yourselves into the number of the great king of England's subjects, you should ever offer to make peace or war, without my consent. You know that we can live without you, but you cannot live without us; you never found that I told you a lie, and I of- ferred you the assistance you wanted, provided that you would be advised by me ; for I know the French better than any of you do. " Now since there is a war begun upon you bv the governor of Canada; I hope without any provo- cation by you given ; I desire and command you, that you hearken to no treaty but by my advice ; which if you follow you shall have the benefit of the great chain of friendship between the great king of Eng- land and the king of France, which came out of England the other day, and which I have sent to Canada by Anthony le Junard : in the meantime I will give you such advice as will be for your good ; and will supply you with such necessaries as you will have need of. " First. My advice is, as to what prisoners of the French you shall take, that you draw not their blood, but bring them home, and keep them to exchange for your people, which they have prisoners already, or may take hereafter. " Secondly. That if it be possible that you can order it so, I would have you take one or two of your wisest sachems, and one or two of your chief captains, of each nation, to be a council to manage all affairs of the war. They to give orders to the rest of the officers what they are to do, that your designs may be kept private; for after it comes among so many people, it is blazed abroad, and your designs are often frustrated; and those chief men should keep a correspondence with me by a trusty messenger. " Thirdly. The great matter under consideration with the brethren is, how to strengthen themselves, and weaken the enemy. My opinion is, that the brethren should send messengers to the Utawawas, Twichtwies, and the further Indians, and to send back likewise some of the prisoners of these nations, if you have any left, to bury the hatchet, and to make a covenant chain, that they may put away all the French that are among them, and that you will open a path for them this way, (they being the king of England's subjects likewise, though the French have been admitted to trade with them ; for all that the French have in Canada, they had it of the great king of England), that, by that means, they may come hither freely, where they may have every thing cheaper than among the French : that you and they may join together against the French, and make so firm a league, that whoever is an enemy to one, must be to both. " Fourthly. Another thing of concern is, that you ought to do what you can to open a path for all the north Indians and Mahikanders that are among the Utawawas and further nations. I will endeavour to do the same to bring them home; for, they not daring to return home your way, the French keep them there on purpose to join with the other nations against you, for your destruction ; for you know, that one* of them is worse than six of the others ; therefore, all means must be used to bring them home, and use them kindly as they pass through your country. " Fifthly. My advice further is, that messengers go in behalf of all the five nations, to the Christian Indians at Canada, to persuade them to come home to their native country. This will be another great means to weaken your enemy ; but if they will not be advised, you know what to do with them. " Sixthly. I think it very necessary foi the brethren's security and assistance, and to the en- UNITED STATES. 521 damaging the French, to buiid a fort upon the lake, \vhere I may keep stores and provisions in case of necessity ; and therefore I would have tho brethren let me know what place will be most convenient for it. " Seventhly. I would not have the brethren keep thrir corn in their castles, as I hear the Onondagas do, but bury it a great way in the woods, where few people may know where it is, for fear of such an accident as happened to the Sennecas. " Eighthly. I have given my advice in your ge- neral assembly, by Mr. Dirk Wessels and Akus, the interpreter, how you are to manage your parties, and how necessary it is to get prisoners, to exchange for your own men that are prisoners with the French, and I am glad to hear that the brethren are so united as Mr. Dirk Wessels tells me you are, and that there was no rotten members nor French spies among you. " Ninthly. The brethren may remember my ad- vice which I sent you this spring, not to go to Cada- rackui ; if you had, they would have served you, as they did your people that came from hunting thither, for I told you that I knew the French better than you did. " Tenthly. There was no advice or proposition that I made to tho brethren all the time that the priest lived at Onondaga, but what he wrote to Canada, as I found by one of his letters, which he gave to an Indian to carry to Canada, but which was brought hither; therefore, I desire the brethren not to receive him, or any French priest any more, having sent for English priests, with whom you may be supplied to your content. " Eleventhly. I would have the brethren look out sharp, for fear of being surprised. I believe all the strength of the French will be at their frontier places, viz. at Cadarackui and Oniagara, where they have built a fort now, and at Trois Rivieres, Mont- real, and Chambly. " Twelfthly. Let me put you in mind again, not to make any treaties without my means, which will be more advantageous for you, than your doing it by yourselves^, for then you will be looked upon as the king of England's subjects, and let me know, from time to time, every thing that is done. " Thus far I have spoken to you relating to the war." Not long after this interview, a considerable party of Mohawks and Mahikanders, or river Indians, be- set fort Chambly, burnt several houses, and returned with many captives to Albany. Forty Onondagas, about the same time, surprised a few soldiers near fort Frontenac, whom they confined instead of the Indians sent home to the gallies, notwithstanding the utmost address was used to regain them, by Lamberville, a French priest, who delivered them two belts, to engage their kindness to the prisoners, and prevent their joining the quarrel with the Sen- necas. The belts being sent to Colonel Dongan, he wrote to De Nonville, to demand the reason of their being delivered. Pere le Vaillant was sent about the beginning of the year 1688, under colour of bringing an answer, but in reality as a spy. Col. Dongan told him, that no peace could be made with the five nations, unless the Indians sent to the gal- lies, and the Caghnuaga proselytes, were returned to their respective cantons, the forts at Niagara and Frontenac razed, and the Sennecas had satisfaction made them for the damage they had sustained. The Jesuit, in his return, was ordered not to visit the Mohawks. Dongan, who was fully sensible of the importance of the Indian interest to the English colonies, was for compelling the French to apply to him in all their affairs with the five nations ; while they, on the other hand, were for treating with them independent of the English. For this reason, among others, he refused them the assistance they frequently required, till they acknowledged the dependence of the con- federates on the English crown. King James, a bigotted, popish, priest-ridden prince, ordered his governor to give up this point, and to persuade the five nations to send messengers to Canada, to receive proposals of peace from the French. For this purpose, a cessation of arms and mutual re- delivery of prisoners was agreed upon. Near 1200 of the confederates attended this negociation at Montreal, and in their speech to De Nonville, in- sisted with great resolution upon the terms proposed by Colonel Dongan to Father le Vaillant. The French governor declared his willingness to put an end to the war, if all his allies might be included in the treaty of peace, if the Mohawks and Sennecaa would send deputies to signify their concurrence, and the French might supply fort Frontenac with provisions. The confederates, accordingtothe French accounts, acceded to these conditions, and the treaty was ratified in the field. But a new rupture not long after ensued, from a cause entirely unsuspected. The Dinondadies had been inclined to trade with the English at Missilimakinac, and their alliance was therefore become suspected by the French. Adario, their chief, thought to regain the ancient confidence, which had been reposed in his country- men, by a notable action against the five nations ; and for that purpose put himself at the head of 100 men: nothing was more disagreeable to him, than the prospect of peace between the French and the confederates ; for that event would not only render the amity of the Dinondadies useless, but give the French an opportunity of resenting their late fa- vourable conduct towards the English. Impressed with these sentiments, out of affection to his country, he intercepted the ambassadors of the five nations, at one of the falls in Cadarackui river, killed some and took others prisoners, telling them that the French governor had informed him, that fifty war- riors of the five nations were coming that way. As the Dinondadies and confederates were then at war, the ambassadors were astonished at the perfidy of the French governor, and could not help communi- cating the design of their journey. Adario, in pro- secution of his crafty scheme, counterfeited the ut- most distress, anger, and shame, on being made the ignominious tool of De Nonville's treachery, and addressing himself to Dekanesora, the principal am- bassador, said to him, " Go, my brethren, I untie your bonds, and send you home again, though our nations be at war. The French governor has made me commit so black an action, that I shall never be easy after it, till the five nations shall have taken full revenge." This outrage and indignity upon the rights of ambassadors, the truth of which they did not in the least doubt, animated the confederates to the keenest thirst after revenge ; and accordingly 1200 of their men, on the 26th of July, 1688, landed on the south side of the island of Montreal, while the French were in perfect security; burnt their houses, sacked their plantations, and put to the sword all the men, women, and children, without the skirts of the town. A thousand French were slain in this invasion, and twenty-six carried into cap- tivity and burnt alive. Many more were made pri- soners in another attack in October, and the lower 522 THE HISTORY OF AMERICA, part of the island wholly destroyed. Only three of the confederates were lost, in all this scene of mi- sery and desolation. The foregoing account is from Dr. Golden, who differs from Charlevoix, who says, that the invasion was late in August, and the Indians 1500 strong ; and the loss of the French only 200. The news of this attack on Montreal no sooner reached the garrison at the lake Ontario, than they eet fire to the two barks which they had built there, and abandoned the fort, leaving a match to 28 bar- rels of powder, designed to blow up the works. The soldiers went down the river in such precipitation, that one of the battoes and her crew were all lost in shooting a fall. The confederates in the mean time seized the fort, the powder, and the stores ; and of all the French allies, who were very numerous, only the Nepicirinians and Kikabous adhered to them in their calamities. The Utawawas and seven other nations instantly made peace with the English ; and but for the uncommon sagacity and address of the Sieur Perot, the western Indians would have mur- dered every Frenchman amongst them. Nor did the distresses of the Canadians end here. Numerous scouts from the five nations continually infested their borders. The frequent depredations that were made, prevented them from the cultivation of their fields, and a distressing famine raged through the whole country. Nothing but the ignorance of the Indians, in the art of attacking fortified places, saved Canada from being now utterly cut off. It was therefore unspeakably fortunate to the French, that the Indians had no assistance from the English, and as unfortunate to us, that our colonies were then incapable of affording succours to the confede- rates, through the malignant influence of those exe- crable measures, which were pursued under the in- famous reign of king James the Second. Colonel Dongan, whatever his conduct might have been in civil affairs, did all that he could in those relating to the Indians, and fell at last into the king's dis- pleasure, through his zeal for the true interest of the province. While these things were transacting in Canada, a scene of the greatest importance was opening at New York. A general disaffection to the govern- ment prevailed among the people. Papists began to settle in the colony under the smiles of the go- vernor. The collector of the revenues, and several principal officers, threw off the mask, and openly avowed their attachment to the doctrines of Rome. A Latin school was set up, and the teacher strongly suspected for a Jesuit. The people of Long Island, who were disappointed in their expectation of the favours promised by the governor on his arrival, were become his personal enemies ; and in a word, the whole body of the people trembled for the pro- testant cause. Here the leaven of opposition first began to work. Their intelligence from England, ef the designs there in favour of the prince of Orange, elevated the hopes of the disaffected. But no man dared to act, till after the rupture in Boston. Sir Edmond Andross, who was perfectly devoted to the arbitrary measures of king James, by his tyranny in New England had drawn upon himself the uni- versal odium of a people animated with the love of liberty, and in the defence of it resolute and cou- rageous ; and therefore, when they could no longer endure his despotic rule, they seized and imprisoned him, and afterwards sent him to England. The government, in the mean time, was vested in the hands of a committee for the safety of the people, of which Mr. Bradstreet was chosen president. Upon the news of this event, several captains of the New York militia convened themselves to concert mea- sures in favour of the prince of Orange. Amongst these, Jacob Leisler was the most active ; a man in tolerable esteem among the people, and of a mode- rate fortune, but destitute of every qualification ne cessary for the enterprise. Milborne, his son-in- law, an Englishman, directed all his councils, while Leisler as absolutely influenced the other officers. The first thing they contrived, was to seize the garrison in New York; and the custom, at that time, of guarding it every night by the militia, gave Leisler a fine opportunity of executing the design. He entered it with forty-nine men, and determined to hold it till the whole militia should join him. Col. Dongan, who was about to leave the province, then lay embarked in the bay, having a little before re- signed the government to Francis Nicholson, the lieut.-governor. The council, civil officers, and ma- gistrates of the city were against Leisler, and there- fore many of his friends were at first fearful of openly espousing a cause disapproved by the gentle- men of figure. For this reason, Leisler's first de- claration in favour of the prince of Orange was sub- scribed only by a few among several companies of the trained bands. While the people, for four days successively, were in the utmost perplexity to de- termine what part to choose, being solicited by Leis- ler on the one hand, and threatened by the lieut.- governor on the other, the town was alarmed with a report, that three ships were coming up, with or- ders from the prince of Orange. This falsehood was very seasonably propagated to serve the interest of Leisler; for on that day, the 3d of June, 1689, his party was augmented by the addition of six captains and 400 men in New York, and a company of 70 men from East Chester, who all subscribed a second declaration, mutually covenanting to hold the fort for that prince. Colonel Dongan continued till this time in the harbour, waiting the issue of these com- motions ; and Nicholson's party being now unable to contend with their opponents, were totally dis persed, the lieut.-governor himself absconding the very night after the last declaration was signed. Leisler being now in complete possession of the fort, sent home an address to King William and Queen Mary, as soon as he received the news of their accession to the throne. It is a tedious, in- correct, ill-drawn narrative of the grievances which the people had endured, and the methods lately taken to secure themselves, ending with a recogni- tion of the King and Queen over the whole English dominions. This address was soon followed by a private letter from Leisler to King William, which, in very broken English, informs his majesty of the state of the gar- rison, the repairs he had made to it, and the temper of the people, and concludes with strong protesta- tions of his sincerity, loyalty, and zoal. Jost Stoll, an ensign, on the delivery of this letter to the king, had the honour to kiss his majesty's hand, but Nicholson the lieut.-governor, and one Ennis, an episcopal clergyman, arrived in England before him ; and by falsely representing the late measures in New York, as proceeding rather from their aversion to the church of England, than zeal for the prince of Orange, Leisler and his party were deprived of the rewards and notice which their activity for the revolution justly deserved. For though the king made Stoll the bearer of his thanks to the people for their fidelity, he so little regarded Leisler's com- UNITED STATES. 523 plaints against Nicholson, that he was soon after preferred to the government of Virginia. Dongan returned to Ireland, and succeeded to the earldom of Limerick. Leisler's sudden investure with supreme power over the province, and the probable prospects of King William's approbation of his conduct, could not but excite the envy and jealousy of the late council and magistrates, who had refused to join in aiding the revolution ; and hence the spring of all their aversion both to the man and his measures. Colonel Bayard, and Courtland the mayor of the city, were at the head of his opponents, and finding it impossible to raise a party against him in the city, they very early retired to Albany, and there endea- voured to foment the opposition. Leisler, on the other hand, fearful of their influence, and to extin- guish the jealousy of the people, thought it prudent to admit several trusty persons to a participation of that power which the militia on the 1st of July had committed solely to himself. In conjunction with these, (who, after the Boston example, were called the committee of safety) he exercised the govern- ment, assuming to himself only the honour of being president in their councils. This model continued till the month of December, when a packet arrived with a letter from the Lords Carmarthen, Hallifax, and others, directed "To Francis Nicholson, Esq.; or in his absence, to such as for the time being take care for preserving the peace and administering the laws, in their majesty's province of New York, in America." This letter was dated the '29th of July, and was accompanied with another from Lord Not- tingham, dated the next day, which empowered Nicholson to take upon him the chief command, and to appoint for his assistance as many of the principal freeholders and inhabitants as he should think fit, requiring him also " to do every thing apper- taining to the office of lieut. -governor, according to the laws and customs of New York until further orders." Nicholson having absconded before this packet came to hand, Leisler considered the letter as di- rected to himself, and from this time issued all kinds of commissions in his own name, assuming the title as well as authority of lieut.-governor. On the llth of December, he summoned the committee of safety, and, agreeably to their advice, swore the following persons for his council. Peter de Lanoy, Samuel Staats, Hendrick Jansen, and Johannes Vermilie, for New York ; Gerardus Beekman, for King's County ; Samuel Edsel, for Queen's County ; Tho- mas Williams, for West Chester ; and William Law- rence, for Orange County. Except the eastern inhabitants of Long Island, all the southern part of the colony cheerfully sub- mitted to Leisler's command. The principal free- holders, however, by respectful letters, gave him hopes of their submission, and thereby prevented his betaking himself to arms, while they were pri- vately soliciting the colony of Connecticut to take them under its jurisdiction. They had indeed no aversion to Leisler's authority in favour of any other party in the province, but were willing to be incor- porated with a people, from whence they had origi- nally colonized ; and therefore as soon as Connecti- cut declined their request, they openly appeared to be advocates for Leisler. At this juncture the Long Island representation was drawn up. The people of Albany, in the meantime, were determined to hold the garrison and city for king William, independent of Leisler, and on the 26th of October, which was before the packet arrived from Lord Nottingham, formed themselves into a convention for that purpose. As Leisler's attempt to reduce this country to his command, was the ori- ginal cause of the future divisions in the province, and in the end brought about his own ruin, it may not be improper to give the resolution of the convention at large, a copy of which was sent down to him. " Peter Schuyler, mayor, Dirk Wessels, recorder, Jan Wendal, Jan Jansen Bleeker, Claes Ripse, David Schuyler, Albert Ryckman, aldermen. Kil- lian V. Renslaer, justice, Captain Marte Gerritse, justice, Captain Gerrit Teunisse, Dirk Teunisse, justices, Lieutenant Robert Saunders, John Cuyler, Gerrit Ryerse, Evert Banker, Rynier Barentse. " Resolved, Since we are informed, by persons coming from New York, that Captain Jacob Leisler is designed to send up a company of armed men, upon pretence to assist us in this country, who in- tend to make themselves master of their majesties fort and this city, and carry divers persons and chief officers of this city prisoners to New York, and so disquiet and disturb their majesties liege people; that a letter be written to Alderman Levinus Van Schaic, now at New York, and Lieutenant Jochim Staets, to make narrow enquiry of the business, and to signify to the said Leisler, that we have received such information ; and withal acquaint him, that notwithstanding we have the assistance of ninety- five men from our neighbours of New England, who are now gone for, and 100 men upon occasion, to command, from the county of Ulster, which we think will be sufficient this winter, yet we will willingly accept any such assistance as they shall be pleased to send for the defence of their majesties county of Albany; provided they be obedient to, and obey such orders and commands as they shall from time to time receive from the convention ; and that by no means they will be admitted to have the com- mand of their majesties fort or this city ; which we intend, by God's assistance, to keep and preserve for the behoof of their majesties, William and Mary, king and queen of England, as we hitherto have done since their proclamation ; and if you hear that they persevere with such intentions, so to disturb the inhabitants of this county, that you then, in the name and behalf of the convention and inhabitants of the city and county of Albany, protest against the said Leisler, and all such persons that shall make attempt for all losses, damages, blood-shed, or what- soever mischiefs may ensue thereon ; which you are to communicate with all speed, as you perceive their design." Taking it for granted, that Leisler at New York, and the convention at Albany, were equally affected to the revolution, nothing could be more egregiously foolish, than the conduct of both parties, who, by their intestine divisions, threw the province into convulsions, and sewed the seeds of mutual hatred and animosity, which, for a long time after, greatly embarrassed the public affairs of the colony. When Albany declared for the Prince of Orange, there was nothing else that Leisler could properly re- quire : and rather than sacrifice the public peace of the province to the trifling honour of resisting a man who had no evil designs, Albany ought in pru- dence to have delivered the garrison into his hands, till the king's definite orders should arrive. But while Leisler, on the one hand, was inebriated with his new-gotten power, so on the other, Bayard, Courtland, Schuyler, and others, could not brook a submission to the authority of a man, mean in his abilities, and inferior in his degree. Animated by 524 THE HISTORY OF AMERICA. these principles, both parties prepared, the one to reduce, the other to retain, the garrison of Albany. Mr. Livingston, a principal agent for the conven- tion, retired into Connecticut, to solicit the aid of that colony, for the protection of the frontiers against the French. Leisler, suspecting that they were to be used against him, endeavoured not only to pre- vent these supplies, but wrote letters, to have Li- vingston apprehended, as an enemy to the reigning powers, and to procure succours from Boston, falsely representing the convention as in the interest of the French and king James. Jacob Milborne was commissioned for the reduc- tion of Albany. Upon his arrival there, a great number of the inhabitants armed themselves, and repaired to the fort, then commanded by Mr. Schuy- ler, while many others followed the other members of the convention to a conference with him at the city hall. Milborne, to gain over the crowd, de- claimed much against king James, popery, and arbi- trary power; but his oratory was lost upon the hearers, who, after several meetings, still adhered to the convention. Milborne then advanced with a fow men up to the fort, and Mr. Schuyler had the utmost difficulty to prevent both his own men, and the Mohawks, who were then in Albany, and per- fectly devoted to his service, from firing upon Mil- borue's party, which consisted of an inconsiderable number. In these circumstances, he thought proper to retreat, and soon after departed from Albany. In the spring, he commanded another party upon the same errand, and the distress of the country on an Indian irruption, gave him all the desired success. No sooner was he possessed of the garrison, than most of the principal members of the convention absconded. Upon which, their effects were arbitra- rily seized and confiscated, which so highly exaspe- rated the sufferers, that their posterity for a long time vented the bitterest invectives against Leisler and his adherents. In the midst of those intestine confusions at New York, the people of New England were engaged in a war with the Owenagungas, Ourages, and Peno- cooks. Between these and the Schakook Indians there was then a friendly communication, and the same was suspected of the Mohawks, among whom some of the Owenagungas had taken sanctuary. This gave rise to a conference between several commis- sioners from Boston, Plymouth, and Connecticut, and the five nations, at Albany, in September, 1689, the former endeavouring to engage the latter against those eastern Indians who were then at war with the New England colonies. Tahajadoris, a Mohawk sachem, in a long oration, answered the English message, and, however improbable it may seem to Europeans, repeated all that had been said the pre- ceding day. The art they have in assisting their memories is this. The sachem who presides has a bundle of sticks prepared for the purpose, and at the close of every principal article of the message de- livered to them, gives a stick to another sachem, charging him with the remembrance of it. By this means the orator, after a previous conference with the Indians, is prepared to repeat every part of the message, and give it its proper reply. This custom is invariably pursued in all their public treaties. The conference did not answer the expectation of the people of New England, the five nations dis- covering a great disinclination to join in the hostilities against the eastern Indians. To atone for which, they gave the highest protestations of their willing- ness to distress the French, against whom the Eng- lish had declared war, on 7th of May preceding. That part of the speech, ratifying their friendship with the English colonies, is singularly expressed. " We promise to preserve the chain inviolably, and wish that the sun may always shine in peace over all our heads that are comprehended in this chain. We give two belts. One for the sun and the other for ils beams. We make fast the roots of the tree of peace and tranquillity, which is planted in this place. Its roots extend as far as the utmost of your colonies : if the French should come to shake this tree, we would feel it by the motion of its roots, which extend into our country. But we trust it will not be in the go- vernor of Canada's power to shake this tree, which has been so firmly and long planted with us." The Indian conception of the league is couched under the idea of a chain extended from a ship to a tree, and every renewal of this league they call brightening the chain. Nothing could have been more advantageous to the colonies, and especially to New York, than the success of the five nations against Canada. The miseries to which the French were reduced rendered them secure against their inroads, till the work of the revolution was in a great measure accomplished ; aud to their distressed condition we must principally ascribe the defeat of the French design of conquer- ing the province. De Cailiers, who went to France in 1668, first projected the scheme, and the troubles in England encouraged the French court to make the attempt. Caffiniere commanded the ships, which sailed for that purpose from Rochfort ; subject, nevertheless, to the Count de Frontenac, who was general of the land foices, destined to march from Canada by the route of Sorel river and the lake Champlain. The fleet and troops arrived at Che- bucta, the place of rendezvous, in September ; from whence the count proceeded to Quebec, leaving or- ders with Caffiniere to sail for New York, and con- tinue in the bay in sight of the city, but beyond the fire of the cannon, till the 1st of December, when, if he received no intelligence from him, he was or- dered to return to France, after unlading the am- munition, stores, and provisions at Port-Royal, now Annapolis. The count was in high spirits, and fully determined upon the enterprise, till he arrived at Quebec; where the news of the success of the five nations against Montreal, the loss of his favourite fort at lake Ontario, and the advanced season of the year, defeated his aims, and broke up the expedition. De Nonville, who was recalled, carried the news of this disappointment to the court of France, leaving the chief command of the country in the hands of Count Frontenac. This gentleman was a man of courage, and well acquainted with the affairs of that country. He was then in the 68th year of his age, and yet so far from consulting his ease, that in a few days after he landed at Quebec, he re-embarked n a canoe for Montreal, where his presence was abso- lutely necessary, to animate the inhabitants and re- gain their Indian alliances. A war between the English and French crowns having broken out, the count betook himself to every art for concluding a peace between Canada and the five nations; and for this purpose, the utmost civilities were shewn to Taweraket and the other Indians, who had been sent to France by De Nonville, and were now returned. Three of those Indians, who doubtless were struck with the grandeur and glory of the French monarch, were properly sent on the important message of conciliating the friendship of the five nations. These, agreeably to their alliance with New York, sent two UNITED STATES. 525 sachems to Albany in December, with a notice that a council for that purpose was to be held at Onon- daga. It is a just reflection upon the people of Albany, that they regarded the treaty so slightly, as only to send four Indians and the interpreter with instructions, in their name, to dissuade the con- federates from a cessation of arms; while the French, on the other hand, had then a Jesuit among the Oneydoes. The council began on the 22d of Janu- ary 1690, and consisted of eighty sachems. Sade- kanaghtie, an Onondaga chief, opened the confer- ence. The whole was managed with great art arid formality, and concluded in shewing a disposition to make peace with the French, without perfecting it; guarding, at the same time, against the least umbrage to the English. Among other measures to detach the five nations from the British interest, and raise the depressed spirit of the Canadians, the Count de Frontenac thought proper to send out several parties against the English colonies. D'Aillebout, De Mantel and Le Moyne commanded that against New York, con- sisting of about 200 French and some Caghnuaga Indians, who being proselytes from the Mohawks, were perfectly acquainted with that country. Their orders were, in general, to attack New York; but pursuing the advice of the Indians, they resolved, instead of Albany, to surprise Schenectady, a village seventeen miles north-west from it, and about the same distance from the Mohawks. The people of Schenectady, though they had been informed of the designs of the enemy, were in the greatest security ; judging it impracticable for any men to march se- veral hundred miles, in the depth of winter, through the snow, bearing their provisions on their backs. Besides, the village was in as much confusion as the rest of the province ; the officers who were posted there being unable to preserve a regular watch, or any kind of military order. Such was the state of Schenectady, as represented by Colonel Schuyler, who was at that time mayor of the city of Albany, and at the head of the convention. After two and twenty days march, the enemy fell in with Schenectady, on the 8th of February; and were reduced to such streights, that they had thoughts of surrendering themselves prisoners of war. But their scouts, who were a day or two in the village entirely unsuspected, returned with such encourag- ing accounts of the absolute security of the people, that the enemy determined on the attack. They entered, on Saturday night about eleven o'clock, at the gates, which were found unshut ; and, that every house might be invested at the same time, divided into small parties of six or seven men. The inhabit- ants were in a profound sleep and unalarmed, till their doors were broken open. Never were people in a more wretched consternation. Before they were risen from their beds, the enemy entered their houses, and began the perpetration of the most in- human barbarities. No tongue, says Col. Schuyler, can express the cruelties that were committed. The whole village was instantly in a blaze. Women with child ripped open, and their infants cast into the flames, or dashed against the posts of the doors. Sixty persons perished in the massacre, and twenty- seven were carried into captivity. The rest fled naked towards Albany, through a deep snow which fell that very night in a terrible storm; and twenty- five of these fugitives lost their limbs in the flight through the severity of the frost. The news of this dreadful tragedy reaehed Albany about break of day, and an universal dread seized the inhabitants of that city, the enemy being reported to be 1,400 strong. A party of horse was immediately dis- patched to Schenectady, and a few Mohawks then in town, fearful of being intercepted, were with diffi- culty sent to apprise their own castles. The Mohawks were unacquainted with this bloody scene till two days after it happened, our messengers being scarce able to travel through the great depth of the snow. The enemy, in the mean time, pillaged the town of Schenectady till noon the next day, and then wont off with their plunder, and about forty of their best horses. The rest, with all the cattle they could find, lay slaughtered in the streets. The design of the French, in this attack, was to alarm the fears of the Indian allies, by shewing that the New York people were incapable of defending them. Every art also was used to conciliate their friendship, for they not only spared those Mohawks who were found in Schenectady , but several other particular per- sons, in compliment to the Indians, who requested that favour. Several women and children were also re- leased at the desire of Captain Glen, to whom the French offered no violence; the officer declaring he had strict orders against it, on the score of his wife's civilities to certain French captives in the time of Colonel Dongan. The Mohawks, considering the deceptive arts of the French, and that the Caghnuagas who were with them were once a part of their own body, behaved as well as could be reasonably expected. They joined a party of young men from Albany, fell upon the rear of the enemy, and either killed or captured twenty-five. Several sachems, in the mean time, came to Albany, and very affectingly addressed the inhabit- ants, who were just ready to abandon the country ; urging their stay, and exciting an union of all the English colonies against Canada. Their sentiments concerning the French, appear from the following speech of condolence : " Brethren, we do not think, that what the French have done can be called a victory : it is only a farther proof of their cruel de- ceit : the governor of Canada sent to Onondaga, and talks to us of peace with our whole house ; but war was in his heart, as you now see by woful experience. He did the same, formerly, at Cadaracqui, and in the Sennecas country. This is the third time he has acted so deceitfully. He has broken open, our house at both ends ; formerly in the Sennecas country, and now here. We hope, however, to bo revenged of them." Agreeably to this declaration, the Indians soon after treated the chevalier D'Eau and the rest of the French messengers, who came to conclude the peace proposed by Taweraket, with the utmost in- dignity ; and afterwards delivered them up to the English. Besides this, their scouts harassed the borders of the enemy and fell upon a party of French and Indians, in the river, about 120 miles above Montreal, under the command of Louvigni, a cap- tain who was going to Missilimakinac, to prevent the conclusion of the peace between the Utawawas and Quatoghies, with the five nations. The loss in this skirmish was nearly equal on both sides. One of the English prisoners was delivered to the Uta- wawas, who ate him. In revenge for this barbarity, the Indians attacked the island of Montreal at Trembling Point, and killed an officer and twelve men ; while another party carried off about fifteen prisoners taken at Riviere Puante, whom they after- wards slew through fear of their pursuers, and others burnt the French plantations at St. Eurs. But what rendered this year most remarkable was, the 526 HISTORY OF AMERICA. expedition of Sir William Phipps against Quebec. He sailed up the river with a fleet of thirty-two sail and came before the city in October. Had he im- proved his time and strength, the conquest would have been easy ; but by spending three days in idle consultations, the French governor brought in his forces, and entertained such a mean opinion of the English knight, that he not only despised his sum- mons to surrender, but sent a verbal answer, in which he called king William an usurper, and poured the utmost contempt upon his subjects. The messenger who carried the summons insisted upon a written answer, and that within an hour ; but the Count De Frontenac absolutely refused it, adding, " I'll answer your master by the mouth of my cannon, that he may learn that a man of my condition is not to be summoned in this manner." Upon this, Sir William made two attempts to land below the town, but was repulsed by the enemy, with considerable loss of men, cannon, and baggage. Several of the ships also cannonaded the city, but without any success. The forts at the same time returned the fire, and obliged them to retire in disorder. The French writers, in their accounts of this expedition, univer- sally censure the conduct of Sir William, though they confess the valour of his troops. La Hontan, who was then at Quebec, says, he could not have acted in a manner more agreeable to the French, if he had been in their interest. Among the causes of the ill success of the fleet, the author of the life of Sir William Phipps mentions the neglect of the conjoined troops of New York, Connecticut, and the Indians, to attack Montreal, according to the original plan of operations. He says that they marched to the lake, but there found themselves un- provided with battoes, and that the Indians were dissuaded from the attempt. By what authority these assertions may be supported, does not appear. Charlevoix says, the English colonial troops were disappointed iii the intended diversion, by the small- pox, which seized the camp, killed 300 men, and terrified our Indian allies. From the revolution to the second expedition against Canada. While the Indians were faithfully exerting them- selves against the common enemy, Colonel Henry Sloughter, who had a commission to be governor of this pi'ovince, dated the 4th of January, 1689, ar- rived, and published it on the 19th of March, 1691. Never was a governor more necessary to the pro- vince, than at this critical conjuncture ; as well for reconciling a divided people, as for defending them against the wiles of a cunning adversary. But either through the hurry of the king's affairs, or the power- ful interest of a favourite, a man was sent over ut- terly destitute of every qualification for government licentious in his morals, avaricious, and poor. The council present at his arrival were Joseph Dudley, Frederick Philipse, Stephen Van Courtland, Ga- briel Mienville, Chudley Brook, Thomas Willet, William Pinhorne. If Leisler had delivered the garrison to Colonel Sloughter, as he ought to have done, upon his first landing, besides extinguishing, in a great degree, the animosities then subsisting, he would doubtless have attracted the favourable notice both of the governor and the crown. But being a weak man, he was so intoxicated with the love of power, that though he had been well informed of Sloughter's ap- pointment to the government, he not only shut him- belf up in the fort with Bayard and Nichols, whom he had, before that time, imprisoned, but refused to deliver them up, or to surrender the garrison. From this moment, he lost all credit with the governor, who joined the other party against him. On the second demand of the fort, Milborne and Delanoy came out, under pretence of conferring with his excellency, but in reality to discover his designs. Sloughter, who considered them as rebels, threw them both into gaol. Leisler, upon this event, thought proper to abandon the fort, which Colonel Sloughter immediately entered. Bayard and Nichols ere now released from their confinement, and sworn of the privy council. Leisler having thus ruined his cause, was apprehended with many of his adherents, and a commission of oyer and ter- miner issued to Sir Thomas Robinson, Col. Smith, and others, for their trials. In vain did they plead the merit of their zeal for king William, since they had so lately opposed his governor. Leisler, in particular, endeavoured to justify his conduct, insisting that Lord Nottingham's letter entitled him to act in the quality of lieutenant- governor. Whether it was through ignorance or sycophancy, does not appear ; but the judges, in- stead of pronouncing their own sentiments upon this part of the prisoner's defence, referred it to the governor and council, praying their opinion, whether that letter, " or any other letters, or papers, in the packet from Whitehall, can be understood, or in- terpreted, to be and contain any power or direction to Captain Leisler, to take the government of this province upon himself, or that the administration thereupon be holden good in law." The answer was, as might have been expected, in the negative ; and Leisler and his son were condemned to death for high treason. These violent measures drove many of the inhabitants, who were fearful of being apprehended, into the neighbouring colonies, which shortly after occasioned the passing an act of general indemnity. From the surrender of the province to the year 1683, the inhabitants were ruled by the duke's governors and their councils, who, from time to time, made rules and orders, which were esteemed to be binding as laws. Those acts, which were made in 1683, and after the duke's accession to the throne, when the people were admitted to a participation of the legislative power, are for the most part decayed or lost. Few minutes relating to them remain on the council books, and none in the journals of the house. As this assembly, in 1691, was the first after the revolution, it may not be improper to take some particular notice of its transactions. All laws made antecedent, to this period, are disregarded both by the legislature and the courts of law. In the collec- tion of acts, published in 1752, the compilers were directed to begin at this assembly. It began the 9th of April, according to the writs of summons issued on the 20th of March preceding. The journal of the house opens with a list of the members returned by the sheriffs. City and county of New York James Graham, William Merret, Jac. Van Courtlandt, Johannes Kip. City and county of Albany -Derrick Wessels, Levinus Van Scayck, County ofRichmond Elias Dukesbury, John Dally. County of West Chester John Pell. County of Suffolk Henry Pierson, Matthew Howell. Ulster and Dutchess county Henry Beekman, Thomas Garton. Queen's County John Bound, Nathaniel Percall. King's County Nicholas Stillwell, John Poland. UNITED STATES. 527 The members for queen's county, being Quakers, were afterwards dismissed for refusing the oaths di- rected by the governor's commission ; but all the rest were qualified before two commissioners ap- pointed for that purpose. James Graham was elected their speaker, and approved by the governor. The majority of the members of this assembly were against the measures which Leisler pursued in the latter part of his time, and hence we find the house, after considering a petition, signed by sundry per- sons against Leisler, unanimously resolved, that his dissolving the 4ate convention, and imprisoning se- veral persons, was tumultuous, illegal, and against their majesties right, and that the late depredations on Schencctady were to be attributed to his usurp- ation of all power. They resolved against the late forcible seizures made of effects of the people, and against the levy- ing of money on their majesties subjects. And as to Leisler' s holding the fort against the governor, it was voted to be an act of rebellion. The house having, by these resolves, prepared the way of their access to the governor, addressed him in these words : " May it please your Excellency, We, their ma- jesties most dutiful and loyal subjects, convened, by their majesties most gracious favour, in general as- sembly, in this province, do, in all most humble manner, heartily congratulate your excellency, that as, in our hearts, we do abhor and detest all the re- bellious, arbitrary, and illegal proceedings of the late usurpers of their majesties authority over this province, so we do, from the bottom of our hearts, with all integrity, acknowledge and declare, that there are none that can or ought to have right to rule and govern their majesties subjects here, but by their majesties authority, which is now placed in your excellency ; and therefore we do solemnly de- clare that we will, with our lives and fortunes, sup- port and maintain the administration of your ex- cellency's government, under their majesties, against all their majesties enemies whatsoever: and this we humbly pray your excellency to accept, as the sin- cere acknowledgment of all their majesties good subjects, within this their province; praying for their majesties long and happy reign over us, and that your excellency may long live and rule, as ac- cording to their majesties most excellent constitution of governing their subjects by a general assembly." Before this house proceeded to pass any acts, they unanimously resolved, " That all the laws consented to by the general assembly, under James. Duke of York, and the liberties and privileges therein con- tained, granted to the people, and declared to be their rights, not being observed, nor ratified and ap- proved by his royal highness, nor the late king, are null and void, and of none effect ; and also, the se- veral ordinances, made by the late governors and coun- cils, being contrary to the constitution of England, and the practice of the government of their majesties other plantations in America, are likewise null and void, and of no effect, nor force, within this province." Among the principal laws enacted this session, we may mention that for establishing the revenue, which was drawn into precedent. The sums raised by it were made payable into the hands of the receiver- general, and issued by the governor's warrant. By this means the governor became, for a season, inde- pendent of the people, and hence we find frequent instances of the assemblies contending with him for the discharge of debts to private persons, contracted on the faith of government. Antecedent to the English revolution, innumera- ble were the controversies relating to public town- ships and private rights ; and hence an act was now passed, for the confirmation of ancient patents and grants, intended to put an end to those debates. A law was also passed for the establishment of courts of justice, though a perpetual act had been made to that purpose in 1683, and the old court of assize entirely dissolved in 1684. As this enacted in 1691 was a temporary law, it was disputed by some, whether the establishment of the courts for general jurisdiction, by an ordinance, was consistent with the preceding act, or the general rules of law. Upon the erection of the supreme court, a chief jus- tice, and four assistant judges, with an attorney-ge- neral, were appointed. The chief justice, Joseph Dudley, had a salary of 130/. per annum; Johnson, the second judge, 100Z., and both were payable out of the revenue ; but William Smith, Stephen Van Courtlandt, and William Finhornc, the other judges, and Newton, the attorney -general, had nothing al- lowed for their services. It has, more than once, been a subject of animated debate, whether the people in this colony had a right to be represented in assembly, or whether it was a privilege enjoyed through the grace of the crown. A memorable act passed this session, virtu- ally declared in favour of the .former opinion upon that and several other of the principal and distin- guishing liberties of Englishmen ; but it was after- wards repealed by the English parliament, in the year 1697, by an act, entitled, " An act declaring what are the rights and privileges of their majesties subjects inhabiting within their province of New York." Colonel Sloughter proposed, immediately after the session, to set out to Albany ; but as Leisler's party were enraged at his imprisonment and the late sentence against him, his enemies were afraid new troubles would spring up in the absence of the go- vernor ; for this reason, both the assembly and coun- cil advised that the prisoners should be immediately executed. Sloughter, who had no inclination to favour them in this request, chose rather to delay such a violent step, being fearful of cutting off two men, who had vigorously appeared for the king, and so signally contributed to the revolution. Nothing could be more disagreeable to their enemies, whose interest was deeply concerned in their destruction. And therefore, when no other measures could pre- vail with the governor, tradition informs us, that Colonel Sloughter was invited to an entertainment, and prevailed on, when intoxicated, to sign the death- warrant, on the authority of which, before he reco- vered his senses, the prisoners were executed. Leis- ler's son afterwards carried home a complaint to king William against the governor. His petition was referred, according to the common course of plantation affairs, to the lords commissioners of trade, who, after hearing the whole matter, reported on the llth of March, 1692, " That they were humbly of opinion, that Jacob Leisler and Jacob Milborne, deceased, were condemned and had suffered accord- ing to law." Their lordships, however, interceded for their families, as fit objects of mercy, and this induced Queen Mary, who approved the report, on the 17th of March, to declare, " That upon the humble application of the relations of the said Jacob Leisler and Jacob Milborne, deceased, her majesty will order the estates of Jacob Leisler and Jacob Milborne to be restored to their families, as objects of her majesty's mercy." The bodies of these un- 628 THE HISTORY OF AMERICA. happy sufferers were afterwards taken up, and in- terred, with great pomp, in the old Dutch church, in the city of New York. Their estates were re- stored to their families, and Leisler's children, in the public estimation, were rather dignified than disgraced, by the fall of their ancestor. These distractions in the province so entirely en- grossed the public attention, that the Indian allies, who had been left solely to contend with the common enemy, grew extremely disaffected. The Mohawks ill particular highly resented this conduct, and, at the instance of the Caghnuagas, sent a messenger to Canada, to confer with Count Frontenac about a peace. To prevent this, Colonel Sloughter had an interview at Albany, in June, with the other four nations, who expressed their joy at seeing a go- vernor again in that place. They told him, that their ancestors, as they had been informed, were greatly surprised at the arrival of the first ship in that country, and were curious to know what was in its huge belly. That they found Christians in it, and one Jacques, with whom they made a chain of friendship, which they had preserved. All the In- dians, except the Mohawks, assured the governor at this meeting of their resolution to prosecute the war. The Mohawks confessed their negotiations with the French, that they had received a belt from Canada, prayed the advice of the governor, and afterwards renewed their league with all our colonies. Sloughter soon after returned to New York, and ended a short, weak, and turbulent administration, for he died suddenly on the 23d of July, 1691. Some were not without suspicions that he came unfairly to his end ; but the certificate of the physician and surgeons who opened his body, by an order of coun- cil, confuted these conjectures, and his remains were interred in Stuyvesant's vault, next to those of the old Dutch governor. At the time of Sloughter's decease, the govern- ment devolved, according to the late act for declar- ing the rights of the people of the province, on the council, in which Joseph Dudley had a right to pre- side; but they committed the chief command to Richard Ingolsby, a captain of an independent com- pany, who was sworn into the office of president on the 26th of July, 1691. Dudley soon afterwards returned to this province from Boston, but did not think proper to dispute Ingolsby's authority, though the latter had no title, nor the greatest abilities for government, and was besides obnoxious to the party who had joined Leisler, having been an agent in the measures which accomplished his ruin. To the late troubles, which were then recent, and the agree- ment subsisting between the council and assembly we must ascribe it, that the former tacitly acknow- ledged Ingolsby's right to the president's chair; for they concurred with him in passing several laws in autumn and the spring following, the validity of which was never disputed. This summer Major Schuyler, with a party of Mohawks, passed through the lake Champlain, and made a bold irruption upon the French settlement at the north end of it. De Callieres, the governor of Montreal, to oppose him, collected a small army of 800 men, and encamped at La Prairie. Schuyler had several conflicts with the enemy, and slew about 300 of them, which exceeded in number his whole party. The French, ashamed of their ill success, attributed it to the want of order, too many desiring to have the command. But the true cause was the ignorance of their officers in the Indian manner of fighting. They kept their men in a body, while the English colonists posted themselves behind trees, hidden from the enemy. Major Schuyler's design, in this descent, was to animate the Indians and pre- serve their enmity with the French. They, accord- ingly, continued their hostilities against them, and, by frequent incursions, kept the country in constant alarm. In the midst of these distresses, the French go- vernor preserved his sprightliness and vigour, ani- mating every body about him After he had nego- tiated with the TJtawawas, who came to trade at Montreal, he sent them home under the care of a captain and 110 men; and to secure their attach- ment to the French interest, gave them two Indian prisoners, and, besides, sent very considerable pre- sents to the western Indians, in their alliance. The two captives were afterwards burnt. The five na- tions, in the mean time, grew more and more in- censed, and continually harassed the French bor- ders. M. Beaucour, a young French gentleman, in the following winter marched a body of about 300 men to attack them at the isthmus, at Niagara. In- credible were the fatigues they underwent in this long march over the snow, bearing their provisions on their backs. Eighty men of the five nations opposed the French party, and bravely maintained their ground till most of them were cut off. In re- turn for which, the confederates in small parties ob- structed the passage of the French through lake On- tario, and the river issuing out of it, and cut off their communication with the western Indians. An In- dian called Black Kettle commanded in these in- cursions of the five nations, and his successes, which continued the whole summer, so exasperated the count that he ordered an Indian prisoner to be burnt alive. The bravery of this savage was as extraordinary, as the torments inflicted on him were cruel. He sang his military achievements without interruption, even while his barbarous executioners practised all possible cruelties. They broiled his feet, thrust his fingers into red-hot pipes, cut his joints, and twisted the sinews with bars of iron. After this his scalp was ripped off, and hot sand poured on the wound. We cannot but shrink with horror and disgust from the conduct of the French, who were boasting them- selves the most, if not the only, civilized nation in the world, and who, with all the advantages of edu- cation, and professing Christianity, were surpassing the Indians, whom they reviled as savages, in base and remorseless atrocities. In June, 1692, Captain Ingolsby met the five nations at Albany, and encouraged them to perse- vere in the war. The Indians declared their enmity to the French in the strongest terms, and as heartily professed their friendship to us. " Brother Cor- lear," said the sachem, " we are all subjects of one great king and queen, we have one head, one heart, one interest, and are all engaged in the same war." The Indians at the same time did not forget, at this interview, to condemn the inactivity of the English, telling them, that the destruction of Canada would not make one summer's work against their united strength, if vigorously exerted. Colonel Benjamin Fletcher arrived with a com- mission to be governor on the 29th of August, 1692, which was published the next day, before the follow- ing members, in council : Frederick Philipse, Nicholas Bayard, Chudley Brooke, Thomas Willet, Stephen Van Courtlandt, Gabriel Mienville, Wil- liam Nicoll, and Thomas Johnson. William Pinhorne, one of that board, being a non-resident was refused the oaths ; and Joseph UNITED STATES. 529 Dudley, for the same reason, removed both from his scat in council and his office of ch ef justice; Caleb Heathcote and John Young succeeded them in council ; and William Smith was seated in Dudley's place on the bench. Colonel Fletcher brought over with him a pre- sent to the colony of arms, ammunition, and warlike stores ; in gratitude for which, he exhorted the coun- cil and assembly, who were sitting at his arrival, to send home an address of thanks to the king. It consists, principally, of a representation of the great expense the province was continually at to defend the frontiers, and praying his majesty's direction, that the neighbouring colonies might be compelled to join their aid for the support of Albany. The following passage in it shews the sense of the legis- lature, upon a matter which was afterwards very much debated. " When these countries were pos- sessed by the Dutch West-India company, they al- ways had pretences (and had the most part of it within their actual jurisdiction) to all that tract of land (with the islands adjacent) extending from the west side of Connecticut river to the lands lying on the west side of Delaware bay, as a suitable por- tion of land for one colony or government ; all which, including the lands on the west of Delaware bay or river, were in the duke of York's grant, from his majesty King Charles II., whose governors also possessed those lands on the west side of Delaware bay or river. By several grants as well from the crown, as from the duke, the said province has been so diminished, that it is now decreased to a very few towns and villages ; the number of men fit to bear arms in the whole government not amounting to 3,000, who are all reduced to great poverty." Fletcher was by profession a soldier, a man of strong passions, and inconsiderable talents, very active, and equally avaricious. Nothing could be more fortunate to him, than his early acquaintance with Major Schuyler, at Albany, at the treaty for confirmation of the Indian alliance, the autumn after his arrival. No man then in the province un- derstood the state of affairs with the five nations better than Major Schuyler. He had so great an influence over them, that whatever Quider, as they called him (instead of Peter, which they could not pronounce), recommended or disapproved, had the force of a law. This power over them was sup- ported, as it had been obtained, by repeated offices of kindness, and his singular bravery and activity in the defence of his country. These qualifications rendered him singularly serviceable and necessary, both to the province and the governor. For this reason, Fletcher took him into his confidence, and on the 25th of October raised him to the council board. Under the tutelage of Major Schuyler, the governor became daily more and more acquainted with the Indian affairs; his constant application to which procured and preserved him a reputation and influence in the colony. Without this knowledge, and which was all that he had to distinguish himself, his incessant solicitations for money, his passionate temper and bigoted principles, must necessarily have rendered him obnoxious to the people, and kindled a hot fire of contention in the province. The old French governor, who found that all his measures for accomplishing a peace with the five nations proved abortive, was now meditating a blow on the Mohawks. He accordingly collected an army of 600 or 700 French and Indians, and supplied them, with every thing necessary for a winter cam- paign. They set out from Montreal on the 15th of HIST. OF AMBR. Nos. 67 & 68. January, 1693; and after a march attended with incredible hardships, they passed by Schenectady on the 6th of February, and, that night, captured five men, and some women and children, at the first castle of the Mohawks. The second castle was taken with equal ease, the Indian inhabitants being in perfect security, and for the most part at Sche- nectady. At the third, the enemy found about forty Indians in a war dance, designing to go out upon some enterprise the next day. Upon their entering the castle a conflict ensued, in whicn the French lost about thirty men. Three hundred of the Indian allies were made captives in this descent ; and, but for the intercession of the savages in the French in- terest, would all have been put to the sword. The Indians were enraged, and with good reason, at the people of Schenectady, who gave them no assistance against the enemy, though they had notice of their marching by that village. But this was atoned for by the succours from Albany. Colonel Schuyler voluntarily headed a party of 200 men, and went out against the enemy. On the 15th of February he was joined by near 300 Indians, ill armed, and many of them boys. A pretended de- serter, who came to dissuade the Indians from the pursuit, informed him the next day, that the French had built a fort, and waited to fight him ; upon which he sent to Ingolsby, the commandant at Albany, as well for a reinforcement, as for a supply of provi- sions ; for the greatest part of his men came out with only a few biscuits in their pockets, and at the time they fell in with the enemy, on the 17th of the month, had been several days without any kind of food. Upon approaching the French army, sundry skirmishes ensued ; the enemy endeavouring to prevent Indians in alliance with the English from felling trees for their protection. Capt. Syms, with 80 regulars of the independent companies, and a supply of provisions, arrived on the 19th, but the enemy had marched off the day before, in a great snow storm. They, however, pursued them, and would have attacked their rear, if the Mohawks had not been averse to it. When the French reached the north branch of Hudson's river, luckily for them, a cake of ice served them to cross over it, the river being open both above and below. The frost was now extremely severe, and the Mohawks fearful of an engagement; upon which Schuyler, who had retaken about fifty Indian captives, desisted from the pursuit on the 20th of February ; four of his men and as many Indians being killed, and twelve wounded. The Indians, at this time, were so dis- tressed for provisions, that they fed upon the dead bodies of the French ; and the enemy in their turn were reduced, before they got home, to eat up their shoes. The French in this enterprise lost 80 men, and had above 30 wounded. Fletcher's extraordinary dispatch up to Albany, upon the first news of this descent, gained the es- teem both of the public and the Indian allies. The express reached New York on the 12th of February, at ten o'clock in the night, and in less than two day, the governor embarked with 300 volunteers. The river, which was heretofore very uncommon at that season, was open. Fletcher landed at Albany, and arrived at Schenectady the 17th of the month, which is about 160 miles from New York ; but he was still too late to be of any other use than to strengthen the ancient alliance. The Indians, in commendation of his activity on the occasion, gave him the name of Cayenguirugo, or The great Swift Arrow. 3 G 530 THE HISTORY OP AMERICA. Fletcher re-turned to New York, and in March met the assembly, who were so well pleased with his fate vigilance, that besides giving him the thanks of the house, they raised 6000/. for a year's pay of 300 volunteers and their officers, for the defence of the frontiers. As the greatest part of this province consisted of Dutch inhabitants, all the governors, as well in the duke's time as after the revolution of 1688, thought it good policy to encourage English preachers and schoolmasters in the colony. No man could be more bent upon such a project than Fletcher, a bigot to the episcopal form of church government. He, ac- cordingly, recommended this matter to the assembly, on his first arrival, as well as at their present meet- ing. The house, from their attachment to the Dutch language, and the model of the church of Holland, secured by one of the articles of surrender, were en- tirely disinclined to the scheme, which occasioned a warm rebuke from the governor, in his speech at the close of the session, in these words : " Gentle- men, the first thing that I did recommend to you, at our last meeting, was to provide for a ministry, and nothing is done in it. There are none of you, but what are big with the privileges of Englishmen and Magna Charta, which is your right ; and the same law doth provide for the religion of the church of England, against sabbath-breaking and all other profanity. But as you have made it last, and post- poned it this session, I hope you will begin with it the next meeting, and do somewhat to ward it effectually." The news of the arrival of the recruits and am- munition at Canada, the late loss of the Mohawks, and the unfulfilled promises of assistance made from time to time by the English, together with the in- cessant solicitations of Milet, the Jesuit, all conspired to induce the Oneydocs to sue for a peace with the French. To prevent so important an event, Fletcher met the five nations at Albany, in July 1693> with a considerable present of knives, hatchets, clothing, and ammunition, which had been sent over by the crown for that purpose. The Indians consented to a renewal of the ancient league, and expressed their gratitude for the king's donation with singular force. " Brother Cayenguarago, we roll and wallow in joy, by reason of the great favour the great king and queen have done us, in sending us arms and ammunition at a time when we are in the greatest need of them ; and because there is such unity among the brethren.'' Col. Fletcher pressed their delivering up to him Milet, the old priest, which they promised, but never performed. On the con- trary, he had influence enough to persuade all but the Mohawks to treat about the peace at Onondaga, though the governor exerted himself to prevent it. Soon after this interview, Fletcher returned to New York ; and, in September, met a new assem- bly, of which James Graham was chosen speaker. The governor laboured at this session to procure the establishment of a ministry throughout the colony, a revenue to his majesty for life, the repairing the fort in New York, and the erection of a chapel. That part of his speech, relating to the ministry, was in these words : " I recommended to the former assembly the settling of an able ministry, that the worship of God may be observed among us ; for I find that great and first duty very much neglected. Let us not forget that there is a God that made us, who will protect us if we serve him. This has been always the first thing I have recommended, yefthe last in your consideration. I hope you arc all satis fied of the great necessity and duty that lies upon you to do this, as you expect his blessing upon your labours." The zeal with which this affair was re- commended, induced the house, on the 12th of Sep- tember, to appoint a committee of eight members, to agree upon a scheme for settling a ministry in each respective precinct throughout the province. This committee made a report the next day, but it was recommitted till the afternoon, and then de- ferred to the next morning. Several debates arising about the report in the house, it was again " recom- mitted for further consideration." On the 15th ui' September it was approved, the establishment being then limited to several parishes in four counties, and a bill ordered to be brought in accordingly ; which the speaker (who, on the 18th of September, was appointed to draw all their bills) produced on the 19th. It was read twice on the same day, and then referred to a committee of the whole house. The third reading was on the 21st of September, when the bill passed, and was sent up to the governor and council, who immediately returned it with an amendment, to vest his excellency with an epis- copal power of inducting every incumbent, adding to that part of the bill near the end, which gave the right of presentation to the people, these words, " and presented to the goveinor to be approved and collated." The house declined their consent to the addition, and immediately returned the bill, praying, " that it may pass without the amendment, having, in the drawing of the bill, had a due regard to the pious intent of settling a ministry for the benefit of the people." Fletcher was so exasperated with their refusal, that he no sooner received the answer of the house, than he convened them before him, and in an angry speech broke up the session. That part of it, relating to this bill, is given, because it is cha- racteristic of the man and the times. " Gentlemen, there is also a bill for settling a ministry in this city and some other countries of the government. In that very thing you have shewn a great deal of stiffness. You take upon you, as if you were dictators : I sent down to you an amend- ment of three or four words in that bill, which, though very immaterial, yet was positively denied. I must tell you it seems very unmannerly. There never was an amendment yet desired by the council board but what was rejected. It is the sign of a stubborn ill temper. " But, gentlemen, I must take leave to tell you, if you seem to understand by these words, that none can serve without your collation or establishment, you are far mistaken. For I have the power of col- lating or suspending any minister, in my govern- ment, by their majesties letters patent ; and whilst I stay in the government, I will take care that neither heresy, sedition, schism, or rebellion, be preached among you, nor vice and profanity en- couraged. It is my endeavour to lead a virtuous and pious life amongst you, and to give a good ex- ample : I wish you all to do the same. You ought to consider, that you have but a third share in the legislative power of the government; and ought not to take all upon you, nor be so peremptory. You ought to let the council have a share. They are in the nature of the house of lords, or upper house ; but you seem to take the whole power in your hands, and set up for every thing. You have set a long time to little purpose, and have been a great charge to the country. Ten shillings a day is a large al- lowance, and you punctually exact it. You have been always forward enough to pull down the fees of other ministers in the government. Why did you UNITED STATES. 531 not think it expedient to correct your own, to a more moderate allowance ? " Gentlemen, I shall say no more at present, but that you do withdraw to your private affairs in the country. 1 do prorogue you to the 10th of January next, and you are hereby prorogued to the 10th day of January next ensuing." The violence of this man's temper is very evident in all his speeches and messages to the assembly ; and it can only be attributed to the ignorance of the times, that the members of that house, instead of asserting their equality, peaceably put up with his rudeness. Certainly they deserved better usage at afresh, and the assembly were obliged to augment both their detachments and supplies. The Count Frontenac now levelled his wrath against the Mohawks, who were more attached than any other of the five nations to the interest of the pro- vince ; but as his intentions had taken air, he pru- dently changed his measures, and sent a party ot 300 men to the Isthmus at Niagara, to surprise those of the five nations that might be hunting there. Among a few that were met with, some were killed, and others taken prisoners, and afterwards burnt at Montreal. The allied Indians imitated the count's example, and burnt ten Dewagunga captives. his hands. For the revenue, established the last ) Colonel Fletcher and his assembly having conic year, was, at this session, continued five years longer than was originally intended. This was rendering the governor for a time independent of the people. For, at that day, the assembly had no treasure, but the amount of all taxes went of course into the hands of the receiver-general, who was appointed by the crown. Out of this fund, monies were only issuable by the governor's warrant; so that every officer in the government, from Mr. Blaithwait, who drew annually five per cent, out of the revenue, as audi- tor-general, down to the meanest servant of the pub- lic, became dependent, solely, on the governor. And hence we find the house, at the close of every ses- sion, humbly addressing his excellency for the trifling wages of their own clerk. Fletcher was, notwith- standing, so much displeased with them, that soon after the prorogation he dissolved the assembly. The members of the new assembly met according to the writ of summons, in March, 1694, and chose Colonel Peirson for their speaker, Mr. Graham being left out at the election for the city. The shortness of this session, which continued only to the latter end of the month, was owing to the dis- agreeable business the house began upon, of exami- ning the state of the public accounts, and in parti- cular the muster-rolls of the volunteers in the pay of the province. They, however, resumed it again in September, and formally entered their dissatis- faction with the receiver-general's accounts. The governor, at the same time, fostered the discontent, by a demand of additional pay for the king's soldiers, then just arrived, and new supplies for detachments in defence of the frontiers. He at last prorogued them, after obtaining an act for supporting 100 men upon the borders. The same disputes revived again in the spring, 1695 ; and proceeded to such lengths, that the assembly asked the governor's leave to print their minutes, that they might appeal to the public. It was at this session, on the 12th of April, 1695, that, upon a petition of five churchwardens and ves- trymen of the city of New York, the house declared it their opinion, " That the vestrymen and church- wardens have power to call a dissenting protestant minister, and that he is to be paid and maintained as the act directs." The intent of this petition was to refute an opinion which prevailed, that the late ministry act was made for the sole benefit of epis- copal clergymen. The quiet, undisturbed state of the frontiers, while the French were endeavouring to make a peace with the five nations, and the complaints of the volunteers, who had not received their pay, added much to the unwillingness of the assembly to answer Fletcher's perpetual demands of money. But when the Indians refused to comply with the terms of peace demanded by the French governor, which were to suffer him to rebuild the fort at Cadaraqui, and to include the Indian allies, the war broke out to an open rupture in the spring, he called another in June, of which James Graham was chosen speaker. The Count Frontenac was then repairing the old fort at Cadaraqui ; and the intelligence of this, and the king's assignment of the quotas of the several colonies for an united force against the French, were the principal matters which the governor laid be- fore the assembly. The list of the quotas was this: Pennsylvania 80J., Massachusetts bay 350/., Mary- land 160/., Virginia 240/., Rhode Island and Provi- dence 48J., Connecticut V20L, and New York 200/. As a number of forces were now arrived, the as- sembly were ia hopes the province would be relieved from raising any more men for the defence of the frontiers ; and to obtain this favour of the governor, ordered 1,OOOJ. to be levied, one-half to be presented to him, and the rest he had leave to distribute among the English officers and soldiers. A bill for this purpose was drawn, but though his excellency thanked them for their favourable intention, he thought it not for his honour to consent to it. After passing several iav/s, the session broke up in perfect har- mony, the governor in his great grace recommending it to the house, to appoint a committee to examine the public accounts against the next sessions. In September, Fletcher went up to Albany, with very considerable presents to the Indians, whom he blamed for suffering the French to rebuild the fort at Cadaraqui, or Frontenac, which commands the entrance from Canada into the great lake Ontario. While these works were carrying on, the Dio- nandadies, who were then poorly supplied by the French, made overtures of a peace with the five nations, which the latter readily embraced, because it was owing to their fears of these Indians, who lived near the lake Misilimachinac, that they never dared to march with their whole strength against Canada. The French commandant was fully sensible of the importance of preventing this alliance. The civilities of the Dionandadies to the prisoners, by whom the treaty, to prevent a discovery, was nego- ciated, gave the officer the first suspicion of it. One of them had the unhappiness to fall into the hands of the French, who put him to the most exquisite torments, that all future intercourse with the Dio- nandadies might be cut off. Dr. Golden, in just re- sentment for this inhuman barbarity, published the whole process from La Potherie's History of North America, as follows : " The prisoner being first made fast to a stake, so as to have room to move round it, a Frenchman began the horrid tragedy, by broiling the flesh of the prisoner's legs from his toes to his knees, with the red-hot barrel of a gun. His example was fol- lowed by an Utawawa, who being desirous to outdo the French in their refined cruelty, split a furrow from the prisoners shoulder to his garter, and filling it with gunpowder, set fire to it. This gave him 3G2 532 THE HISTORY OF AMERICA. exquisite pain, and raised excessive laughter in his tormentors. When they found his throat so much parched, that he was no longer able to gratify their ears with his howling, they gave him water, to enable him to continue their pleasure longer. But at last his strength failing, an Utawawa flayed off his scalp, and threw burning hot coals on his skull. They then untied him, and bid him run for his life. He began to run, tumbling, like a drunken man. They shut up the way to the east, and made him run westward, the country (as they think) of departed miserable souls. He had still force left to throw stones, till they put an end to his misery by knock- ing him on the head. After this every one cut a slice from his body, to conclude the tragedy with a feast." From the time Colonel Fletcher received his in- structions, respecting the quotas of these colonies for the defence of the frontiers, he repeatedly, but in vain, urged their compliance with the king's di- rection ; he then carried his complaints against them home to his majesty, but all his applications were defeated by the agents of those colonies who re- sided in England. As soon therefore as he had laid this matter before the assembly, in autumn 1G95, the house appointed William Nicol to go home in the quality of an agent for this province, for which they allowed him 1,000/. : but his solicitations proved unsuccessful. Fletcher maintained a good corres- pondence with the assembly, through the rest of his administration; and nothing appears upon their journals worth the reader's attention. The French never had a governor in Canada so vigilant and active as the Count de Frontenac. He had no sooner repaired the old fort, called by his name, than he formed a design of invading the coun- try of the five nations, with a great army. For this purpose, in 1696, he convened at Montreal all the regulars, as well as militia, under his command; the Owenagungas, Quatoghies of Loretto, Adiron- dacks, Sokakies, Nipiciriniens, the converted pray- ing Indians of the five nations, and a few Utawawas. Instead of waggons and horses, (which are useless in such a country as he had to march through) the army was conveyed through rivers and lakes, in light barks, which were portable, whenever the ra- pidity of the stream and the crossing an isthmus rendered it necessary. The count left La Chine, at the south end of the island of Montreal, on the 7th of July. Two battalions of regulars, under the com- mand of Le Chevalier de Callieres, headed by a numbe'i of Indians, led the van, with two small pieces of cannon, the mortars, grenadoes, and am- munition. After them followed the provisions; then the main body, with the count's household, a considerable number of volunteers and the engineer, and four battalions of the militia commanded by Monsieur de Ramezai, governor of Trois Rivieres*. Two battalions of regulars and a few Indians, under the Chevalier de Vaudrueil, brought up the rear. Before the army went a parcel of scouts, to descry the tracks and ambuscades of the enemy. After 12 days march they arrived at Cadaracqui, about 180 miles from Montreal, and then crossed the lake to Oswego. Fifty men marched on each side of the Onondaga river, which is narrow and rapid. When they entered the little lake, the army divided into two parts, coasting along the edges, that the enemy might be uncertain as to the place of their landing; and where they did land they erected a fort. The Onondagas had sent away their wives and children, and were determined to defend their castle, till they were informed by a deserter of the superioi strength of the French, and the na- ture of bombs, which were intended to be used against them and then, after setting fire to their village, they retired into the woods. As soon as the count heard of this, he marched to their huts in order of battle; being himself carried in an elbow chair, behind the artillery. With this mighty appaiatus he entered it, and the destruction of a little Indian corn was the great acquisition. A brave sachem, then about 100 years old, was the only person who tarried in the castle to salute the old general. The French Indians put him to torment, which he en- dured with astonishing presence of mind. To one who stabbed him with a knife, he said, " you had better make me die by fire, that these French dogs may learn how to suffer like men: you Indians, their allies, you dogs of dogs, think of me when you are in like condition." " Never perhaps," says Charlevoix, " was a man treated with more cruelty, nor did any ever bear it with superior magnanimity and resolution." This sachem was the only man, of all the Onondagas, that was killed ; and had not thirty-five Oneydoes, who waited to receive Vau- drueil at their castles, been afterwards basely car- ried into captivity, the count would have returned without the least mark of triumph. As soon as he began his retreat, the Onondagas followed, and an- noyed his army by cutting off several batteaus. This expensive enterprise, and the continual in- cursions of the five nations on the country near Montreal, again spread a famine through all Canada. The count, however, kept up his spirits to the last ; and sent out scalping parties, who infested Albany, as the allied Indians did Montreal, till the treaty of peace signed at Ryswick, in 1697. Richard, Earl of Bellamont, was appointed to succeed Colonel Fletcher in the year 1695, but did not receive his commission till the 18th of June, 1697; and as he delayed his voyage till after the peace of Ryswick, which was signed the 10th of Sep- tember following, he was blown off the coast to Bar- badoes, and did not arrive before the 2d of April, 1698. During the late war the seas were extremely in- fested with English pirates, some of whom sailed out of New York ; and it was strongly suspected that they had received too much countenance there, even from the government, during Fletcher's ad- ministration. His lordship's promotion to the chief command of the Massachusetts bay and New Hamp- shire, as well as this province, was owing partly to his rank, but principally to the affair of the pirates ; and the multiplicity of business to which the charge of three colonies would necessarily expose him, in- duced the earl to bring over with him John Nansan, his kinsman, in the quality of lieutenant-governor. When Lord Bellamont was appointed to the govern- ment of these provinces, the king did him the ho nour to say, " that he thought him a man of reso- lution and integrity, and with these qualities more likely than any other he could think of, to put a stop to the growth of piracy." Before the earl set out for America, he became acquainted with Robert Livingston, Esq. who was then in England, soliciting his own affairs before the council and the treasury. The earl took occa- sion, in one of his conferences with Mr. Livingston, to mention the scandal the province was under on account of the pirates. The latter, who confessed it was not without reason, brought the earl ac- quainted with one Kid, whom he recommended as a man of integrity and courage, that knew the UNITED STATES. 533 pirates and their rendezvous,- and would undertake to apprehend them, if the king would employ him in a good sailing frigate of thirty guns and one hundred and fifty men. The earl laid the proposal before the king, who consulted the admiralty upon that subject ; but this project dropped, through the uncertainty of the adventure, and the French war, which gave full employment to all the ships in the navy. Mr. Livingston then proposed a private ad- venture against the pirates, offering to be concerned with Kid, a fifth part in the ship and charges, and to be bound for Kid's execution of the commission. The king then approved of the design, and reserved a tenth share, to shew that he was concerned in the enterprise. Lord Chancellor Somers, the duke of Shrewsbury, the earls of Romney and Oxford, Sir Edmund Harrison and others, joined in the scheme, agreeing to the expense of 6000J. But the manage- ment of the whole affair was left to Lord Bellamont, who gave orders to Kid to pursue his commission, which was in common form. Kid sailed from Ply- mouth, for New York, in April 1696; and after- wards turned pirate, burnt his ship, and came to Boston, where the earl apprehended him. His lord- ship wrote to the secretary of state, desiring that Kid might be sent for. The Rochester man of war was dispatched upon this service, but being driven back, a general suspicion prevailed in England, that all was collusion between the ministry and the adventurers, who, it was thought, were unwilling Kid should be brought home, lest he might discover that the chancellor, the duke, and others, were con- federate* in the piracy. The matter even proceeded to such lengths, that a motion was made in the house of commons, that all who were concerned in the adventure might be turned out of their employ- ments ; but it was rejected by a great majority. The tory party, who excited these clamours, though they lost their motion in the house, after- ward impeached several whig lords; and, among other articles, charged them with being concerned in Kid's piracy. But these prosecutions served only to brighten the innocency of those against whom they were brought ; for the impeached lords were honourably acquitted by their peers. Lord Bellamont's commission was published in council on the day of his arrival ; Colonel Fletcher, who still remained governor under the proprietors of Pennsylvania, and Lieut-Governor Nanfan being present. The members of the council were Frederick Philipse, Stephen Van Cortlandt, Nicholas Bayard, Gabriel Mienvielle, William Smith, William Nicoll, Thomas Willet, William Pinhorne, John Lawrence. After the earl had dispatched Capt. John Schuyler, and Dellius, the Dutch minister of Albany, to Canada, with the account of the peace, and to solicit a mutual exchange of prisoners ; he laid before the council the letters from Secretary Vernon and the East India company, relating to the pirates, inform- ing that board that he had an affidavit, that Fletcher had permitted them to land their spoils in this pro- vince, and that Mr. Nicoll bargained for their pro- tections, and received for his services 800 Spanish dollars. Nicoll confessed the receipt of the money for protections, but said it was in virtue of a late act of assembly, allowing privateers on their giving security ; but he denied the receipt of any money from known pirates. One Weaver was admitted at this time into the council chamber, and acted in the quality of king's counsel, and in answer to Mr. Nicoll, denied that there was any such act of assem- bly as Le mentioned. After considering the whole matter, the council advised his excellency to send Fletcher home, but to try Nicoll in New York, be- cause his estate would not bear the expense of a trial in England. Their advice was never carried into execution, which was probably owing to a want of evidence against the parties accused. It is never- theless certain, that the pirates were frequently in the sound, and supplied with provisions by the in- habitants of Long Island, who for many years after- wards, were so infatuated with a notion that the pirates buried great quantities of money along the coast, that there is scarce a point of land, or an island, without the marks of their cupidity. Some credulous people ruined themselves by these re- searches, and propagated a thousand idle fables, afterwards passing current among the vulgar. As Fletcher, through the whole of his administra- tion, had been entirely influenced by the enemies of Leisler; nothing could be more agreeable to the numerous adherents of that unhappy man, than the earl's disaffection to the late governor. It was fur this reason, they immediately devoted themselves to his lordship, as the head of their party. The majority of the members of the council were- Fletcher's friends, and there needed nothing more to render them obnoxious to his lordship. Leisler's advocates at the same time 'mortally hated them, not only because they had imbrued their hands in the blood of the principal men of their party, but also because they had engrossed the sole confidence of the late governor, and brought down his resent- ment upon them. Hence, at the commencement of the earl's administration, the members of the coun- cil had everything to iear; while the party they had depressed, began once again to erect its head under the smiles of a governor who was fond of their aid, as they were solicitous to conciliate his favour. Had the earl countenanced the enemies, as well as the friends of Leisler, which he might have done, his administration would doubtless have been easier to himself and advantageous to the province. But his inflexible aversion to Fletcher prevented his acting with that moderation, which was necessary to enable him to govern both parties. The fire of his temper appeared very early, on his suspending Mr. Nicoll from the board of council, and obliging him to enter into recognizance in 2,()UO/. to answer for his conduct relating to the protections. But his speech to the new assembly, convened on the 18th of May, gave the fullest evidence of his abhor- rence of the late administration. Philip French was chosen speaker, and waited upon his excellency with the house, when his lordship spoke to them in the following manner : " I cannot but observe to you, what a legacy my predecessor has left me, and what difficulties to struggle with a divided people, an empty purse, a few miserable, naked, half-starved soldiers, not half the number the king allowed pay for, the fortifications, and even the governor's house, very much out of repair and in a word the whole government out of frame. It hath been represented to the government in England, that this province has been a noted re- ceptacle of pirates, and the trade of it under no re- striction, but the acts of trade violated by the neg- lect and connivance of those whose duty it was to have prevented it." After this introduction, he puts them in mind that the revenue was near expiring : " It would be hard," he says, "if I that come among you with an honest mind, and a resolution to be just to your interest, should meet with greater difficulties, in the discharge 534 THE HISTORY OF AMERICA. of his majesty's service, than those that have gone before me. I will take care there shall be no mis- application of the public money. I will pocket none of it myself, nor shall there be any embezzle- ment by others ; but exact accounts shall be given you, when, and as often, as you shall require." It was customary with Fletcher to be present in the field to influence elections ; and as the assembly consisted at this time of but nineteen members, they were too easily influenced to serve the private ends of a faction. For that reason, his lordship was warm in a scheme of increasing their number, at present to thirty, and so in proportion as the colony became more populous; and hence we find the following clause in his speech : " You cannot but know, what abuses have been formerly in elections of members to serve in the general assembly, which tends to the subversion of your liberties. I do therefore recom- mend the making of a law to provide against it." The house, though unanimous in a hearty address of thanks to the governor for his speech, could scarce agree upon any thing else. It was not till the be- ginning of June, that they had finished the con- troversies relating to the late turbulent elections; arid even then six members seceded from the house, which obliged his excellency to dissolve the assembly on the 14th of June, 1698. About the same time, the governor dismissed two of the council Pin- horne for disrespectful words of the king, and Brouk the receiver-general, who was also turned out of that office, as well as removed from his place on the bench. In July, the disputes with the French, concerning the exchange of prisoners, obliged his excellency to go up to Albany. When the earl sent the account of the conclusion of the peace to the governor of Canada, all the French prisoners were restored, and as to those among the Indians, he promised to order them to be safely escorted to Montreal. His lord- ship then added, " I doubt not, sir. that you on your part will also issue an order to relieve the subjects of the king, captured during the war, whether Christians or Indians." The count, fearful of being drawn into an implicit acknowledgment that the five nations were subject to the English crown, demanded the French prison ers among the Indians to be brought to Montreal ; threatening, at the same time, to continue the war against the confederates, if they did not comply with his request. After the earl's interview with them, he wrote a second letter to the count, informing him, that they had importunately begged to continue under the protection of the English crown, professing an inviolable subjection and fidelity to his majesty; and that the five nations were always considered as subjects, which, says his lordship, "can be manifested to all the world by authentic and solid proofs." His lordship added, that he would not suffer them to be insulted, and threatened to execute the laws of Eng- land upon the missionaries, if they continued any longer in the five cantons. A resolute spirit run through the whole letter, which concludes in these words : " If it is necessary I will arm every man in the provinces, under my government, to oppose you; and redress the injury that you may perpe trate against our Indians." The count, in his ans- wer, proposed to refer the dispute to the commis saries to be appointed according to the treaty o Ryswick. The count misunderstood the treaty. N( provision was made by it for commissaries to settle the limits between the English and French posses fions, but only to examine and determine the con roverted rights and pretensions to Hudson's bay The Earl of Bellamont continued the claim, insist- ng that the French prisoners should be delivered ip at Albany. The French count dying while this matter was ontroverted, Monsieur de Callieres, his successor, ent ambassadors the next year to Onondaga, there o regulate the exchange of prisoners, which was accomplished without the earl's consent, and thus he important point in dispute remained unsettled. The Jesuit Bruyas, who was upon this embassage, ffered to live at Onondaga; but the Indians refused lis belt, saying that Corlear, or the governor of ^ew York, had already offered them ministers for heir instruction. Great alterations were made in council at his ex- cellency's return from Albany. Bayard, Meinvielle, Willet, Townly, and Lawrence, were all suspended n the 28th of September; and Colonel Abraham Depeyster, Robert Livingston, and Samuel Staats, ailed to that board. The next day, Frederick Philipse resigned his seat, and Robert Walters was sworn in his stead. The new assembly, of which James Graham was chosen speaker, met in the spring, His excellency spoke to them on the 21st of March, 1699. As the late assembly was principally composed of ;\nti-Leislerians, so this consisted almost entirely of the opposite party. The elections were attended with great outrage and tumult, and many applica- tions made relating to the returns ; but as Abraham overneur, who had been secretary to Leisler, got returned for Orange county, and was very active in the house, all the petitions were rejected without ceremony. Among the principal acts passed in this session, there was one for indemnifying those who were ex- cepted out of the general pardon in 1691; another against pirates ; one for the settlement of Milborne's estate; and another to raise 1,500J. as a present to his lordship, and 500/. for the lieut.-governor, his kinsman ; besides which, the revenue was continued for six years longer. A necessary law was also made for the regulation of elections, containing the sub- stance of the English statutes of 8 Hen. VI. c. 7, and the 7 and 8 Will. III. This assembly took also into consideration sundry extravagant grants of land, which Colonel Fletcher had made to several of his favourites. Among these, two grants to Dellius, the Dutch minister, and one to Nicholas Bayard, were the most considerable. Dellius was one of the commissioners for Indian af- fairs, and had fraudulently obtained the Indian deeds, according to which the patents had been granted. One of the grants included all the lands within twelve miles on the east side of Hudson's river, and extended twenty miles in length, from the north bounds of Saraghtoga. The second patent, which was granted to him in company with Pinhorne, Bancker, and others, contained all the lands within two miles on the Mohawks river, and along its banks to the extent of fifty miles. Bayard's grant was also for lands in that country, and very extravagant. Lord Bellamout, who justly thought these great pa- tents, with the trifling annual reservation of a few skins, would impede the settlement of the country, as well as alienate the affections of our Indian allies, wisely procured recommendatory instructions from the lords justices, for vacating those patents, which was now regularly accomplished by a law, and Del- lius thereby suspended from his ministerial function. The earl having thus carried all his points at UNITED STATES. 535 Now York, set out for Boston in June, and after he had settled his salary there, and apprehended the pirate Kidd, returned again in the autumn. The revenue being settled for six years, his lord- ship had no occasion to meet the assembly till the summer of the year 1700, and then indeed little else was done than to pass a few laws. One for hanging every popish priest that came voluntarily into the province, which was occasioned by the great num- ber of French Jesuits, who were continually prac- tising upon the friendly Indians. By another, pro- vision was made for erecting a fort in the country of the Onondagas, but was repealed a few months after the king's providing for that purpose. The earl was a man of ability and polite manners ; and being a mortal enemy to the French, as well as a lover of liberty, he would doubtless have been of considerable service to the colony; but he died there on th 5th of March, in 1701, when he was but just become acquainted with the country. The earl of Bellamont's death was the source of new troubles; for Nanfan, the lieut-governor, being then absent in Barbadoes, a dispute arose among the counsellors concerning the exercise of the pow- ers of government. Abraham de Peyster, Samuel Staats, Robert Walters, and Thomas Weaver, who sided with the party that adhered to Leisler, insisted that the government was devolved upon the council, who had a right to act by a majority of voices ; but Colonel Smith contended that all the powers of the late governor were devolved upon him, as president, he being the eldest member of that board. Colonel Schuyler and Robert Livingston, who did not ar- rive in town till the 21st of March, joined Mr. Smith, and refused to appear at the council-board, till nearly the middle of April. The assembly, which was convened on the second of that month, were in equal perplexity, for they adjourned from day to day, waiting the issue of this rupture. Both parties continuing inflexible, those members who opposed Colonel Smith sent down to the house a representation of the controversy, assigning a num- ber of reasons for the sitting of the assembly, which the house took into their consideration, and on the 16th of April resolved, that the execution of the earl's commission and instructions, in the absence of the lieut-governor, was the right of the council by majority of voices, and not of any single mem- ber of that board : and this was afterwards the opi- nion of the lords of trade. The disputes, neverthe less, continuing in the council, strenuously sup- ported by Mr. Livingston, the house, on the 19th of April, thought proper to adjourn themselves to the first Tuesday in June. In this interval, on the 18th of May, John Nan fan, the lieut.-governor, arrived, and settled the con troversy, by taking upon himself the supreme com mand. Mr. Nanfan brought the welcome intelligence that the king had given 2,000/. sterling for the de fence of Albany and Schenectady, as well as 500/ more for erecting a fort in the country of Onondagas And, not long after, an ordinance was issued, agree ably to the special direction of the lords of trade for erecting a court of chancery, to sit the h'rsl Thursday in every month. By this ordinance the powers of the chancellor were vested in the governor and council, or any two of that board : commissions were also granted, appointing masters, clerks, anc a register : so that this court was completely organ ised on the 2d of September, 1701. Attwood, who was then chief justice of the supremi court, was now sworn of the council. Abraham de Peyster and Robert Walters were his assistants on he bench ; and the former was also made deputy auditor-general, under Mr. Blaithwait. Sampson Shelton Broughton was the attorney-general, and came into that office when Attwood took his seat on the bench, before the decease of Lord Bellamont. Both these had their commissions from England. The lieut-governor, and the major part of the board of council, together with the several other officers above named, being strongly in the interest of the Leislerian party, it was not a little surprising, that Mr. Nanfan dissolved the late assembly on the 1st of June. Great were the struggles at the ensuing elections, which, however, generally prevailed in favour of those who joined Leisler at the revolution : and hence, when the new assembly met on the 19th of August, 1701, Abraham Governeur was elected for their speaker. Dutchess was thought heretofore incapable of bearing the charge of a representation : but the people of that county, now animated by the heat of the times, sent Jacob Rutsen and Adrian Garretsen to represent them in assembly. Mr. Nanfan, in his speech to the house, informs them of the memr: iMe grant made to the crown, on the 19th oi' July, by the five nations, of a vast tract of land, to prevent the necessity of their submitting to the French in case of a war ; that his majesty had given out of his exchequer 2,500/. sterling for forts, and 800Z. to be laid out in presents to the Indians; and that he had also settled a salary of 300. on a chief justice, and 150/. on the attorney-general, who were both now arrived here. The fire of contention, which had lately appeared in the tumultuous elections, blazed out afresh in the house. Nicoll, the late counsellor, got himself elected for Suffolk, and was in hopes of being seated in the chair : but Abraham Governeur was chosen speaker. Several members contended, that he, being an alien, was unqualified for that station. To this it was answered, that he was in the province in the year 1683, at the time of passing an act to natural- ise all the free inhabitants, professing the Christian religion ; and that for this reason, the same ob- jection against him had been over-ruled at the last assembly. In return for this attack, Governeur dis- puted NicolFs right to sit as a member of that house ; and succeeded in a resolve, that he and Mr. Wes- sels, who had been returned for Albany, were both unqualified, according to the late act, they being neither of them residents in the respective counties for which they were chosen. This occasioned an imprudent secession of seven members, who had joined the interest of Mr. Nicoll ; which gave their adversaries an opportunity to expel them, and in- troduce others in their stead. Among the first opposers of Captain Leisler, none was more considerable than Mr. Livingston. The measures of the convention at Albany were very much directed by his advice ; and he was peculiarly obnoxious to his adversaries, because he was a man of sense and resolution, two qualifications rarely to be found united in one person at that period. Mr. Livingston's intimacy with the late earl had, till this time, been his defence against the rage of the party which he had formerly opposed ; but as that lord was now dead, and Mr. Livingston's conduct in council, in favour of Colonel Smith, had given fresh provocation to his enemies, they were fully bent upon his destruction. It was in execution of this scheme, that as soon as the disputed elections 53G THE HISTORY OF AMERICA. were jver, the house proceeded to examine the state of the public accounts, which they partly began at the late assembly. The pretence was, that he refused to account for the public monies he had formerly received out of the excise ; upon which, a committee of both houses ad- vised the passing a bill to confiscate his estate, unless he agreed to account by a certain day. But instead of this, an act was afterwards passed to oblige him to account for a sum amounting to near 18,000/. While this matter was transacting, a new complaint was forged, and he was summoned before another com- mittee of both houses, relating to his procuring the five nations to signify their desire that he should be sent home to solicit their affairs. The criminality of this charge could only be seen by his enemies. Besides, there was no evidence to support it, and therefore the committee required him to purge himself by his own oath. Mr. Livingston, who was better ac- quainted with English law and liberty than to countenance a practice so odious, rejected the inso- lent demand with disdain ; upon which the house, by the advice of the committee, addressed the lieut.- governor, to pray his majesty to remove him from his office of secretary of Indian affairs, and that the governor, in the meantime, would suspend him from the exercise of his commission. Mr. Livingston's reason for not accounting was truly unanswerable ; his books and vouchers were taken into the hands of the government, and detained from him. It was at this favourable conjuncture that Jacob Leisler's petition to the king, and his majesty's let- ter to the late earl of Bellamont, were laid before the assembly. Leisler, displeased with the report of the lords of trade, that his father and his brother, Milborne, had suffered according to law, laid his case before the parliament, and obtained an act to reverse the attainder. After which, he applied to the king, complaining that his father had disbursed about 4,000/., in purchasing arms and forwarding the revolution; in consequence of which he procured the following letter to Lord Bellamont, dated at Whitehall the 6th of February, 16991700. " My Lord, The king being moved upon the petition of Mr. Jacob Leisler, and having a gracious sense of his father's services and sufferings, and the ill circumstances the petitioner is thereby reduced to, his majesty is pleased to direct, that the same be transmitted to your lordship, and that you recom- mend his case to the general assembly of New York, being the only place where he can be relieved, and the prayer of his petition complied with. " I am, my Lord, your Lordship's " Most obedient and humble servant, " JERSEY." As soon as this letter and the petition were brought into the house, the sum of 1,000/. was ordered to be levied for the benefit of Mr. Leisler, as well as several sums for other persons, by a bill for paying the debts of the government; which, nevertheless, did not pass into a law till the next session. Every thing that was done at this meeting of the assembly, which continued till the 18th of October, was under the in- fluence of a party spirit ; and nothing can be a fuller evidence of it than an incorrect, impertinent, ad- dress to his majesty, which was drawn up by the house at the close of the session, and signed by four- teen of the members. It contains a tedious narra- tive of their proceedings relating to the disputed elections, and concludes with a little incense, to regale some of the then principal agents in the pub- lic affairs, in these words ; " This necessary account of ourselves and oui un- happy divisions, which we hoped the moderation of our lieut. -governor, the wisdom, and prudence of William Attwood, Esq. our chief justice, and Thomas Weaver, Esq. your majesty's collector and receiver- general, might have healed, we lay before your ma- jesty with all humility, and deep sense of your ma- jesty's goodness to us, lately expressed in sending over so excellent a person to be our chief justice." The news of the king's having appointed Lord Cornbury to succeed the Earl of Bellamont, so strongly animated the hopes of the Anti-Leislerian party, that about the commencement of the year 1702, Nicholas Bayard promoted several addresses to the king, the parliament, and Lord Cornbury, which were subscribed at a tavern kept by one Hutchins, an alderman of the city of New York. In that to his majesty they assured him, " That the late differences were not grounded on a regard to his interest, but the corrupt designs of those who laid hold on an opportunity to enrich themselves by the spoils of their neighbours." The petition to the parliament says, that Leisler and his adherents gained the fort, at the revolution, without any oppo- sition ; that he oppressed and imprisoned the people without cause, plundered them of their goods, and compelled them to flee their country, though they were well affected to the prince of Orange. That the Earl of Bellamont appointed indigent sheriffs, who returned such members to the assembly as were unduly elected, and in his lordship's esteem. That he suspended many from the board of council, who were faithful servants of the crown, introducing his own tools in their stead. Nay they denied the au- thority of the late assembly, and added, that the house had bribed both the lieut.-governor and the chief justice ; the one to pass their bills, the other to de- fend the legality of their proceedings. A third ad- dress was prepared to be presented to Lord Corn- bury, to congratulate his arrival, as well to pre- possess him in their favour, as to prejudice him against the opposite party. Nothing could have a more natural tendency to excite the wrath of the lieut.-governor, and the re- venge of the council and assembly, than the reflec- tions contained in those several addresses. Nanfan had no sooner received intelligence of them than he summoned Hutchins to deliver them up to him, and upon his refusal committed him to jail, on the 19th of January ; the next day Nicholas Bayard, Rip Van Dam, Philip French, and Thomas Wenham, hot with party zeal, sent an imprudent address to the lieut.-governor, boldly justifying the legality of the address, and demanding his discharge out of custody. We have before observed, that upon Sloughter's arrival in 1691, an act was passed, to recognise the right of King William and Queen Mary to the sovereignty of this province. At the end of that law, a clause was added in these words : " That whatsoever person or persons shall, by any manner of ways, or upon any pretence whatsoever, endeavour, by force of arms or otherwise, to disturb the peace, good and quiet of their majesties' govern- ment, as it is now established, shall be deemed and esteemed as rebels and traitors unto their majesties, and incur the pains, penalties, and forfeitures, as the laws of England have for such offences made and provided." Under pretext of this law, which Bayard himself had been personally concerned in enacting, Mr. Nanfan issued a warrant for commit- ting him to jail as a traitor on the 21st of January, 1702 ; and lest the mob should interpose, a company UNITED STATES. 537 of soldiers for a week after constantly guarded the prison. Through the uncertainty of the time of Lord Cornbury's arrival, Mr. Nanfan chose to bring the prisoner to his trial as soon as possible; and for that purpose issued a commission of oyer and ter- miner, on the 12th of February, to William Attwood the chief justice, and Abraham de Peyster and Ro- bert Walters, who were the puisne judges of the supreme court ; and not long after Bayard was ar- raigned, indicted, tried, and convicted of high trea- son. Several reasons were afterwards offered in arrest of judgment; but as the prisoner was un- fortunately in the hands of an enraged party, Attwood overruled what was offered, and condemned him to death on the 16th of March. Bayard applied to Mr. Nanfan for a reprieve, till his majesty's pleasure might be known; and ob- tained it, not without great difficulty, nor till after a seeming confession of guilt was extorted. Hutchins. who was also convicted, was bailed upon the pay- ment of forty pieces of eight to the sheriff; but Bayard, who refused to procure him the gift of a farm of about 1,500/. value, was not released from his confinement till after the arrival of Lord Corn- bury, who not only gave his consent to an act for reversing the late attainders, but procured the queen's confirmation of it, upon their giving security accord- ing to the advice of Sir Edward Northey, not to bring any suits against those who were concerned in their prosecution ; which the attorney-general thought proper, as the act ordained all the proceed- ings to be obliterated. After these trials, Nanfan erected a court of ex- chequer, and again convened the assembly, who thanked him for his late measures, and passed an act to outlaw Philip French, and Thomas Wenham, who absconded from Bayard's commitment ; another to augment the number of representatives, and se- veral others which were, all but one, afterwards re- pealed by Queen Anne. During this session, Lord Cornbury being daily expected, the lieut.-governor suspended Mr. Livingston from his seat in council, and thus continued to abet Leisler's party to the end of his administration. Lord Cornbury's arrival opened a new scene. His father, the earl of Clarendon, adhered to the cause of the late abdicated king, and always refused the oaths both to King William and Que'en Anne. But the son recommended himself at the revolution, by appearing very early for the prince of Orange, being one of the first officers that deserted King James's army. King William, in gratitude for his services, gave him a commission for this govern- ment, which upon the death of the king was renewed by Queen Anne, who at the same time appointed him to the chief command of New Jersey, the go- vernment of which the proprietors had lately sur- rendered into her hands. As Lord Cornbury came to this province in very indigent circumstances, hunted out of England by a host of hungry creditors, he was bent upon getting as much money as he could squeeze out of the purses of an impoverished people. His talents were, perhaps, not superior to the most inconsiderable of his predecessors ; but in his zeal for the church he was surpassed by none. With these bright qualifications he began his ad- ministration on the 3d of May, 1702, assisted by a council consisting of the following members : William Attwood, William Smith, Peter Schuyler, Abraham de Peyster, Samuel Staatt, Robert Wal- ters, Thomas Weaver, Sampson Shelton Broughton, Wolfgang William Romar, William Lawrence, Gerardus Beekman, Rip Van Dam. His lordship without the least disguise espousing the anti-Leislerian faction, Attwood, the chief jus- tice, and Weaver, who acted in quality of solicitor- general, thought proper to retire from his frowns to Virginia, whence they sailed to England; the former concealing himself under the name of Jones, while the latter called himself Jackson. Col. Heathcote and Doctor Bridges succeeded in their places at the council board. The following summer was remarkable for an un- common mortality, which prevailed in the city of New York and makes a grand epoch among the inhabitants, distinguished by the " time of the great sickness." The fever killed almost every patient seized with it, and was brought here in a vessel, from St. Thomas in the West Indies, an island re- markable for contagious diseases. On this occasion Lord Cornbury had his residence and court at Ja- maica, a pleasant village on Long Island, distant about twelve miles from the city. The inhabitants of Jamaica consisted at that time partly of original Dutch planters, but mostly of New England emigrants, encouraged to settle there after the surrender by the Duke of York's conditions for plantations, one of which was in these words : " That every township should -be obliged to pay their own ministers, according to such agreements as they should make with them ; the minister being elected by the major part of the householders and inhabi- tants of the town." These people had erected an edifice for the worship of Goa, and enjoyed a hand- some donation of a parsonage-house and glebe, for the use of their minister. After the ministry act was passed by Col. Fletcher, in 1693, a few Episco- palians crept into the town, and viewed the Presby- terian church with a jealous eye. The town vote, in virtue of which the building had been erected, contained no clause to prevent its being hereafter engrossed by any other sect. The episcopal party, who knew this, formed a design of seizing the edifice for themselves, which they shortly after carried into execution, by entering the church between the morning and evening service, while the Presbyterian minister and his congregation were in perfect se- curity, unsuspicious of the zeal of their adversaries and a fraudulent ejectment on a day consecrated to sacred rest. Great outrage ensued among the people, for the contention was animating and important. The ori- ginal proprietors of the house tore up the seats, and afterwards got th^ key and the possession of the church, which were shortly after again taken from them by force and violence. In these controversies the governor abetted the episcopal zealots, and ha- rassed the others by numberless prosecutions, heavy fines, and long imprisonments ; through fear of which many, who had been active in the dispute, fled out of the province. Lord Cornbury's situation should have prevented him from taking part in so ignominious a quarrel ; but his lordship's sense of honour and justice was as weak and indelicate as his bigotry was violent and uncontrolable ; and hence we find him guilty of an act implicating a number of vices, which no man could have perpe- trated without violence to the very slightest remains of generosity and justice. When his excellency re- tired to Jamaica, one Hubbard, the Presbyterian minister, lived in the best house in the town. His lordship begged the loan of it for the use of his own family, and the clergyman put himself to uo small 538 THE HISTORY OF AMERICA. inconvenience to favour the governor's request; but in return for the generous benefaction, his lord- ship perfidiously delivered the parsonage-house into the hands of the episcopal party, and encouraged one Cardwell, the sheriff, a mean fellow who after- wards put an end to his own life, to seize upon the glebe, which he surveyed into lots and farmed for the benefit of the episcopal church. These tyrannical measures justly inflamed the indignation of the in- jured sufferers, and that again the more embittered his lordship against them. They resented, and he prosecuted ; nor did he confine his pious rage to the people of Jamaica. He detested all who were of the same denomination ; nay, averse to every sect except his own, he insisted that neither the ministers nor schoolmasters of the Dutch, the most numerous persuasion in the province, had a right to preach or instruct without his licence ; and some of them tamely submitted to his unauthoritative rule. While his excellency was exerting his bigotry, during the summer season, at Jamaica, the elections were carrying on with great heat, for an assembly which met him at that village, in the fall. It con- sisted principally of the party which had been borne down by the Earl of Bellamont and his kinsman ; and hence we find Philip French, who had lately been outlawed, was returned a representative for New York, and William Nicoll elected into the speaker's chaii. Several extracts from his lord- ship's speech are laid before the reader, as a speci- men of his temper and designs. " It was an ex- treme surprise to me (says his lordship) to find this province, at my landing at New York, in such a con- vulsion as must unavoidably have occasioned its ruin, if it had been suffered to go on a little longer. The many complaints that were brought to me against the persons I found here in power, sufficiently proved against them, and the miserable accounts I had of the condition of our frontiers, made me think it convenient to delay my meeting you in general assembly, till I could inform myself in some measure of the condition of this province, that I might be able to offer to your consideration some few of those things which will be necessary to be done forthwith for the defence of the country." He then recommends their fortifying the port of New York, and the frontiers ; adding, that he found the soldiers naked and unarmed : after which, he proposes a militia bill, the erection of public schools, and an examination of the provincial debts and ac- counts: and not only promises to make a faithful application of the monies to be raised, but that he would render them an account. The whole speech is sweetened with this gracious conclusion : " Now, gentlemen, I have no more to trouble you with, but to assure you, in the name of the great queen of Eng- land, my mistress, that you may safely depend upon all the protection that good and faithful subjects can desire or expect from a sovereign, whose greatest delight is the welfare of her people, under whose auspicious reign we are sure to enjoy what no nation in the world dares claim but the subjects of Eng- land; I mean, the free enjoyment of the best reli- gion in the world, the full possession of all lawful liberty, and the undisturbed enjoyment of our free- holds and properties. These are some of the many benefits which I take the inhabitants of this pro- vince to be well entitled to by the laws of England ; and I am glud of this opportunity to assure you, that as long as I have the honour to serve the queen in the government of this province, those laws shall be put in execution, according to the intent with which they were made ; that is, for the preservation and protection of the people, and not for their oppression. I heartily rejoice to see, that the free choice of the people has fallen upon gentlemen, whose constant fidelity to the crown, and unwearied application to the good of their country, is so universally known." The house echoed back an address of high com- pliment to his lordship, declaring, " That, being deeply sensible of the misery and calamity the coun- try lay under at his arrival, they were not suffici- ently able to express the satisfaction they had, both in their relief and their deliverer." Well pleased with a governor who headed their party, the assembly granted him all his requests; 1,80U/. was raised, for the support of 180 men, to defend their frontiers besides 2,000/. more, as a present towards defraying the expenses of his voy- age. The queen, by her letter of the 20th of April, in the next year, forbad any such donations for the future. It is observable, that though the county of Dutchess had no representatives at this assembly, yet such was then the known indigence of that now populous and flourishing county, that but 18/. were apportioned for their quota of these levies. Besides the acts above-mentioned, the house brought up a militia bill, and continued the revenue to the 1st of May, 1709; and a law passed to esta- blish a grammar-school, according to his lordship's recommendation. Besides the great harmony that subsisted between the governor and his assembly, there was nothing remarkable, except two resolu- tions against the court of chancery, moved by Mr. Nanfan, occasioned by a petition of several disap- pointed suitors, who were displeased with a decree. The resolutions were in these words : " That the setting up a court of equity in this colony, without consent of general assembly, is an innovation with- out any former precedent, inconvenient, and con- trary to the English law." And again: " That the court of chancery, as lately erected, and managed here, was and is unwarrantable, a great oppression to the subject, of pernicious example and conse- quence ; that all proceedings, orders, and decrees in the same, are, and of right ought to be, declared null and void ; and that a bill be brought in accord- ing to these two resolutions," which was done; but though his lordship was by no means disinclined to fix contempt on Nanfan's administration, yet as this bill would diminish his own power, himself being the chancellor, the matter was never moved farther than to the order for the ingrossment of the bill upon the second reading. Though a war was proclaimed by England on the 4th of May, 1702, against France and Spain ; yet, as the five nations had entered into a treaty of neutral- ity with the French in Canada, this province, in- stead of being harassed on its borders by the enemy, carried on a trade very advantageous to all those who were concerned in it. The governor, however, continued his solicitations for money with unremit- ted importunity ; and by alarming the assembly which met in April, 1703, with his expectation of an attack by sea, 1,500J. were raised, under pretence of erecting two batteries at the Narrows; which, instead of being employed for that use, his lordship, notwithstanding the province had expended 22,000/. during the late peace, ventuied to appropriate to his private advantage. But while he was robbing the public, he consented to several laws for the emolument of the clergy. Whether it was owing to the extraordinary saga- city of the house, or their presumption that his lord- UN,TED STATES. 539 ship was as little to be trusted as any of his prede- cessors, that after voting the above sum for the bat- teries, they added, that it should be " for no other use whatsoever," is left for the reader to determine. It is certain they now began to see the danger of throwing the public money into the hands of a re- ceiver-general appointed by the crown, from whence the governor, by his warrants, might draw it at his pleasure. To this cause we must assign it, that in an address to his lordship, on the 19th of June, 1703, they desire and insist, that some proper and suffi- " cient person might be commissioned treasurer, for the receiving and paying such monies now intended to be raised for the public use, as a means to ob- struct misapplications for the future." Another address was sent home to the queen, complaining of the ill state of the revenue, through the frauds which had formerly been committed, the better to facilitate the important design of having a treasurer depend- ent on the assembly. The success of these measures will appear in the sequel. Though the frontiers enjoyed the profoundest tranquillity all the next winter, and 1,300/. had been expended in supporting 100 fuzileers about Albany, besides the four independent companies in the pay of the crown, yet his excellency demanded provisions for 150 men, at the next meeting of the assembly, in April, 1704. The house having reason to suspect that the several sums of eighteen and thirteen hundred pounds, lately raised for the public service, had been prodigally expended or embezzled, prudently declined any further aids, till they were satisfied that no misapplication had been made. For this purpose they appointed a committee, who re- ported that there was a balance of near 1,0001. due to the colony. His lordship, who had hitherto been treated with great complaisance, took offence at this parsimonious scrutiny, and ordered the assembly to attend him; when, after the example of Fletcher, whom, excepting his superior activity, his lordship mostly resembled, he made an angry speech, in which he charges them with innovations never at- tempted by their predecessors, and hopes they would not force him to exert " certain powers" vested in him by the queen. But what he more particularly took notice of, was their insisting in several late bills, upon the title of " general assembly," and a saving of the " rights of the house," in a resolution agreeing to an amendment for preventing delay ; with respect to which, his lordship used these words : " I know of no right that you have as an assembly, but such as the queen is pleased to allow you." As to the vote, by which they found a balance due to the colony of 913Z. 15s., " it is true," (says his lord- ship), " the queen is pleased to command me, in her instructions, to permit the assembly, from time to time, to view and examine the accounts of money, or value of money, disposed by virtue of the laws made by them ; but you can in no wise meddle with that money ; but if you find any misapplication of any of that money, you ought to acquaint me with it, that I may take care to see those mistakes recti- fied, which I shall certainly do." The house bore these rebukes with the utmost passiveness, contenting themselves with little else than a general complaint of the deficiency of the revenue, which became the subject of their parti- cular consideration in the autumn. The governor, on the one hand, then proposed an additional duty of ten per cent, on certain goods not immediately im- ported from Europe, to which the assembly, on the other, was utterly averse, and as soon as they re- solved against it, the very printer, clerk, and door- keeper, were denied the payment of their salaries. Several other demands being made for the public debts, the house resolved to address his lordship for an exact account of the revenue ; which, together with their refusal to admit the council's amendment of a money bill, gave him such high provocation, that he was induced to dissolve an assembly, whose prodigal liberality had justly exposed them to the esentment of the people. The new assembly, which met on the 14th of June, 1705, neglected the affair of the revenue, and the additional duty, though his ordship strongly recommended them both. Among the principal acts passed at this meeting, is that for :he benefit of the clergy, who were entitled to the salaries formerly established by Colonel Fletcher; which, though less than his lordship recommended, was, doubtless, a grateful offering to his unceasing zeal for the church, manifested in a part of his speech at the opening of the session, in these words : " The difficulties which some very worthy ministers of the church of England have met with, in getting the maintenance settled upon them by an act of the eneral assembly of this province, passed in the year 1693, moves me to propose to you the passing an act, explanatory of the forementioned act, that those worthy good men, who have ventured to come so far, for the service of God in his church, and the good and edification of the people, to the salvation of their souls, may not for the future be vexed, as some of them have been ; but may enjoy in quiet that maintenance which was by a law provided for them. I farther recommended to you, the passing of an act to provide for the maintenance of some ministers, in some of the towns at the east end of Long Island, where I do not find any provision has been yet made for propagating religion." The harbour being wholly unfortified, a French privateer actually entered it in 1705, and put the inhabitants into great consternation. The assembly, at their session in June, the next year, were not disinclined, through the importunity of the people, to put the city in a better posture of defence for the future ; but being fully convinced, by his lordship's embezzlement of 1,5001., formerly raised for two batteries at the Narrows, and near 1,000. levied for the protection of the frontiers, that he was no more to be trusted with public monies, offered a bill for raising 3,OOOJ. for fortifications, appointing that sum to be deposited in the hands of a private per- son of their own nomination ; but his excellency did not pass ittill their next meeting in the autumn, when he informed them that he had received the queen's command, " to permit the general assembly to name their own treasurer, when they raised extraordinary supplies for particular uses, and which are no part of the standing and constant revenue ; the treasurer being accountable to the three branches of the le- gislature, and the governor always acquainted with the occasion of issuing such warrants." His lordship's renewing the proposal of raising fortifications at the Narrows, which he had himself hitherto scandalously prevented, is a proof of his ex- cessive effrontery and contempt of the people ; and the neglect of the house to take the least notice, either of that matter or the revenue, occasioned another dissolution. Before we proceed to the transactions of the new assembly, which did not meet till the year 1708, it will not be improper to lay before the reader the account of a memorable proof of that persecuting spirit, which influenced Lord Cornbury's whole administration. 540 THE HISTORY OF AMERICA. The inhabitants of the city of New York consisted at this time of Dutch Calvinists, upon the plan of the church of Holland French refugees, on the Geneva model a few English Episcopalians and a still smaller number of English and Irish Presbyterians, who having neither a minister nor a church, used to assemble themselves every Sunday at a private house, for the worship of God. Such were the cir- cumstances when Francis M'Kemie and John Hamp- ton, two Presbyterian ministers, arrived in January, 1707. As soon as Lord Cornbury, who hated the whole persuasion, heard that the Dutch had con- sented to M'Kemie's preaching in their church, he arbitrarily forbad it; so that the public worship on the next sabbath was performed with open doors at a private house. Mr. Hampton preached the same day at the Presbyterian church in New Town, dis- tant a few miles from the city. At that village both these ministers were two or three days after appre- hended by Cardwel the sheriff, pursuant to his lord- ship's warrant for preaching without his licence. From hence they were led in triumph a circuit of several miles through Jamaica to New York. They appeared before his lordship with an undaunted courage, and had a conference with him, in which it is difficult to determine whether his lordship ex- celled in the character of a savage bigot, or an ill- mannerly tyrant. The ministers were no lawyers, or they would not have founded their justification on the supposed extent of the English act of toleration. They knew not that the ecclesiastical statutes had no relation to this colony, and that its religious state consisted in a perfect parity between protestants of all denominatipns. They erroneously supposed that all the penal laws extended to this province, and relied for their defence on the toleration, offering testimonials for their having complied with the act of parliament in Virginia and Maryland, and pro- mised to certify the house, in which M'Kemie had preached, to the next sessions. His lordship's dis- course with them was the more ridiculous, because he had Bickley, the attorney-general, to assist him. Against the extension .of the statute, they insisted that the penal laws were limited to England, and so also the toleration act, because the sole intent of it was to take away the penalties formerly established. But grant the position, and the consequence they drew from it, it argues that his lordship and Mr. At- torney were either very weak, or influenced by evil designs. If the penal laws did not extend to the plantations, then the prisoners were inno- cent, for where there is no law there can be no transgression ; but according to these incomparable sages, if the penal laws and the toleration were restricted to the realm of England, as they con- tended, then the poor clergymen for preaching without his licence, were guilty of a heinous crime against his private unpublished instructions; and for this cause he issued an informal precept to the sheriff of New York, for their commitment to jail till further orders. They continued in confine- ment, through the absence of -Mompesson, the chief justice, who was in New Jersey, six weeks and four days ; but were then brought before him by a writ of habeas corpus. Mompesson being a man of learn- ing in his profession, and his lordship now apprised of the illegality of his first warrant, issued another on the very day of the teste of the writ, in which he virtually contradicts what he had before insisted on at his conference with the prisoners. For according to this, they were imprisoned for preaching without : " - r '**A as the toleration act required, though they had offered themselves to the sessions during their imprisonment. They were then bailed to the next supreme court, which began a few days after. Great pains were taken to secure a grand jury for the purpose, and among those who found the indict, ment, to their shame be it recorded, were several Dutch and French protestauts. Mr. M'Kemie returned to New York from Vir- ginia, in June, and was now come to his trial on the indictment found at the last court. As to Mr. Hampton, he was discharged, no evidence being of- fered to the grand jury against him. Bickley, the attorney-general, managed the prose- cution in the name of the queen ; Reignere, Nicoll, and Jamison appeared for the defendant The trial was held on the 6th of June, and being a cause of great expectation, a numerous audience attended. Roger Mompesson sat on the bench as chief justice, with Robert Milward and Thomas Wenham for his assistance. The indictment was in substance that Francis M'Kemie, pretending himself to be a pro- testant dissenting minister, contemning and endea- vouring to subvert the queen's ecclesiastical supre- macy, unlawfully preached without the governor's licence first obtained, in derogation of the royal au- thority and prerogative; that he used other rites and ceremonies than those contained in the common prayer book ; and lastly, that being unqualified by law to preach, he nevertheless did preach at an ille- gal conventicle ; and both these last charges were laid to be contrary to the form of the English statutes. For it seems that Mr. Attorney was now of opinion, that the penal laws did extend to the American plantations, though his sentiments were the very reverse at the first debate before his excellency, but Bickley was rather remarkable for a voluble tongue, than a penetrating head or much learning. To support this prosecution, he endeavoured to prove the queen's ecclesiastical supremacy in the colonies, and that it was delegated to her noble cousin the governor; and hence he was of opinion, that his lordship's instructions relating to church matters had the force of law. He, in the next place, contended for the extension of the statutes of uni- formity, and upon the whole was pleased to say, that he had no doubt the jury would find a verdict tor the queen. Reignere, for the defendant, insisted that preaching was no crime by the common law, that the statutes of uniformity and the act of toleration did not extend here, and that the governor's instruc- tions were not laws. Nicoll spoke to the same pm* pose, and so did David Jamison ; but M'Kemie con- cluded the whole defence in a speech, which set his capacity in a very advantageous light. The chief justice, in his charge, advised a special verdict, but the jury found no difficulty to acquit the defendant, who, through the shameful partiality of the court, was not discharged from his recognizance till they had illegally extorted all the fees of his prosecution, which together with his expenses, amounted to eighty- three pounds seven shillings and sixpence. Lord Cornbury was now daily losing the favour of the people. The friends of Leisler held him in the utmost abhorrence from the beginning : and being all spies upon his conduct, it was impossible for his lordship to commit the smallest crime un- noticed. His persecution of the Presbyterians very early increased the number of his enemies. The Dutch too were fearful of his religious rage against them, as he disputed their right to call and settle ministers, or even schoolmasters, without his special licence. His excessive avarice, his embezzlement UNITED STATES. 541 of the public money, and his sordid refusal to pay his private debts, bore so heavily upon his reputa- tion, that it was impossible for his adherents, either to support him or themselves against the general opposition. Such being the temper of the people, his lordship did not succeed according to his wishes in the new assembly, which met on the 19th of August, 1708. The members were all against him, and William Nicoll was again chosen speaker. Among the several things recommended to their consideration, the affair of the revenue, which was to expire in May following, and the propriety of making presents to the Indians, were the chief. The house were not insensible of the importance of the Indian interest, and of the infinite arts of the French to seduce them from our alliance ; but suspicious that his lordship, who heretofore had given himself little concern about that matter, was seeking a fresh opportunity to defraud the public, they desired him to give them a list of the articles of which the pre- sents were to consist, together with an estimate of thecharge,before they would provide for that donation. With respect to the revenue his lordship was not so successful, for the assembly resolutely refused to continue it ; though they consented to an act to dis- charge him from a contract of 25(K and upwards, which he had made with one Hanson for the public service. Thomas Byerly was at that time collector and receiver-general, and by pretending that the treasury was exhausted, the debts of the govern- ment were unpaid. This gave rise to many pe- titions to the assembly to make provision for their discharge. Colonel Schuyler, who had expended large sums on the public credit, was among the principal sufferers, and joined with several others in an application to the house, that Byerly might be compelled to account. The disputes relating to this matter took up a considerable part of the session, and were litigated with great heat. Upon the whole, an act was passed for refunding 700/. which had been misapplied. The resolutions of the committee of grievances, approved by the house, shew the general objections of the people to his lordship's administration. These were made at the beginning of the session, and yet we find this haughty nobleman subdued by the opposi- tion against him, and so dispirited through indigence, and the incessant solicitations of his creditors, that he not only omitted to justify himself, but to shew even an impotent resentment. For after all the censures of the house, he tamely thanked them for passing the bill to discharge him from a small debt, which they could not in justice have refused. The resolutions were in these words : " Resolved, That it is the opinion of this com- mittee, that the appointing coroners in this colony, without their being chosen by the people, is a griev- ance, and contrary to law. " Resolved, That it is, and always has been the unquestionable right of every freeman in this colony, that he hath a perfect and entire property in his goods and estate. " Resolved, That the imposing and levying of any monies upon her majesty's subjects of this colony, under any pretence or colour whatsoever, without consent in general assembly, is a grievance, and a violation of the people's property. " Resolved, That for any officer whatsoever to extort from the people extravagant and unlimited fees, or any money whatsoever, not positively es- tablished and regulated by consent in general as- sembly, is unreasonable and unlawful, a great griev- ance, and tending to the utter destruction of all property in this plantation. " Resolved, That the erecting a court of equity without consent in general assembly is contrary to law, without precedent, and of dangerous conse- quence to the liberty and property of the subjects. " Resolved, That the raising of money for the go- vernment, or other necessary charge, by any tax, impost, or burthen on goods imported, or exported ; or any clog, or hindrance on traffic or commerce, is found by experience to be the expulsion of many, and the impoverishing of the rest of the planters, freeholders, and inhabitants of this colony ; of most pernicious consequence, which if continued will un- avoidably prove the ruin of the colony. " Resolved, That the excessive sums of money screwed from masters of vessels trading here, un- der the notion of port-charges, visiting the said ves- sels by supernumerary officers, and taking extraordi nary fees, is the great discouragement of trade, and strangers coming amongst us, beyond the precedent of any other port, and without colour of law. " Resolved, That the compelling any man upon trial by a jury, or otherwise, to pay any fees for his prosecution, or any thing whatsoever, unless the fees of the officers whom he employs for his neces- sary defence, is a great grievance, and contrary to justice." Lord Cornbury was no less obnoxious to the people of New Jersey, than t those of New York. The assembly of that province, impatient of his ty- ranny, drew up a complaint against him, which they sent home to the queen. Her majesty graciously listened to the cries of her injured subjects, divested him of his power, and appointed Lord Lovelace in his stead; declaring that she would not countenance her nearest relations in oppressing her people. As soon as this nobleman was superseded, his credit- ors threw him into the custody of the sheriff of New York ; and he remained there till the death of his father, when, succeeding to the earldom of Clarendon, he returned to England. The colonies never had a governor so universally detested,nor a*ny one who so richly deserved public abhorrence. In spite of his noble descent, his be- haviour was trifling, mean, and extravagant. It was not uncommon for him to dress himself in a woman's habit, and then to patrole the fort in which he resided. Such freaks of low humour ex- posed him to the universal contempt of the people; but their indignation was kindled by his despotic rule, savage bigotry, insatiable avarice, and injus- tice, not only to the public, but even his private creditors. For he left some of the lowest tradesmen in his employment unsatisfied in their just demands. John Lord Lovelace, baron of Hurley, was ap- pointed to this government in the spring, 1708, tut did not arrive here till the 18th of December follow- ing. Lord Cornbury's oppressive, mean adminis- tion had long made the people very desirous for a change; and therefore his successor was received with universal joy. Having dissolved the general assembly soon after his accession to the government, he convened a new one on the 5th of April, 1709, which consisted of members of the same interest with the last, who re-elected William Nicoll. the former speaker, into the chair. His lordship told them, at the beginning of the session, " that he had brought with him large supplies of soldiers and stores of war, as well as presents for the Indians," than which no- thing could be more agreeable to the people. He 542 THE HISTORY OF AMERICA. lamented the greatness of the provincial debts, and j rence, was the first projector of this enterprise, the decay of public credit; but still recommended their raising a revenue for the same term with that established by the act in the llth year of the late reign. He also pressed the discharge of the debts of the government, and their examination of the public accounts, " that it may be known (said he) what this debt is, and that it may appear hereafter to all the world that it was not contracted in my time." This oblique reflection upon his predeces- sor, who was now ignominiously imprisoned by his creditors, was displeasing to nobody. Though the assembly, in their answer, heartily congratulated his lordship's arrival, and thanked the queen for her care of the province, yet they sufficiently intimated their disinclination to raise the revenue, which the governor had requested. " Our earnest wishes (to use the words of the ad- dress) are, that suitable measures may be taken to encourage the few inhabitants to stay in it, and others to come. The just freedom enjoyed by our neighbours by the tender indulgence of the govern- ment, has extremely drained and exhausted us both of people and stock ; whilst a different trpatment, the wrong methods too long taken, and severities practised here, have averted and deterred the useful part of mankind from settling and coming hitherto." To- wards the close, they assure him, " that as the be- ginning of his government gave them a delightful prospect of tranquillity, so they were come with minds prepared to consult the good of the country, and his satisfaction." The principal matter which engaged the attention of the assembly, was the affair of the revenue. Lord Cornbury's conduct had rendered them utterly averse to a permanent support for the future, and yet they were unwilling to quarrel with the new governor. They, however, at last agreed, on the 5th of May, to raise 2,500J. to defray the charges of the govern- ment to the 1st of May ensuing, 1,600/. of which was voted to his excellency, and the remaining sums towards a supply of firewood and candies to the several forts in New York, Albany, and Schenec- tady; and for payment of small salaries to the printer, clerk of the council, and Indian interpreter. This new project of providing, annually, for the support of government, was contrived to prevent the mischief, to which the long revenues had for- merly exposed the colonists. But as it rendered the governor, and all the other servants of the crown dependent upon the assembly, a rupture between the several branches of the legislature would doubt- less have ensued ; but on the 9th of May, the very day in which the vote passed the house, his lordship died of a disorder contracted in crossing the ferry at his first arrival in the city of New York. His lady- remained long after his death, soliciting for the sum voted to her husband ; but though the queen inter- posed by a letter, in her behalf, nothing was allowed till several years afterwards. From the Canada expedition, in 1709, to the arrival of Governor Burnet. On the death of the governor, the chief command devolved upon Richard Ingoldsby, the lieut-gover- nor, the same who had exercised the government several years before, upon the decease of Colonel Sloughter. His short administration is remarkable, not for his extraordinary talents, for he was a dull man, but for a second fruitless attempt against Ca- nada. Colonel Vetch, who had been several years before at Quebec, and sounded the river of St. Law- The ministry approved of it, and Vetch arrived in Boston, and prevailed upon the New England colo- nies to join in the scheme. After that, he came to New York, and concerted the plan of operations with Francis Nicholson, formerly lieut.-governor, who, at the request of Ingoldsby, the council, the assembly, Gurdon Saltonstal, the governor of Con- necticut, and Charles Cockin, lieut.-governor of Pennsylvania, accepted the chief command of the provincial forces intended to penetrate into Canada by way of lake Champlain. Impoverished as the colonists were, the assembly joined heartily in the enterprise. It was at this juncture the first act for issuing bills of credit was passed; an expedient without which they could not have contributed to the expedition, the treasury being then totally ex- hausted. Universal joy now brightened every man's countenance, because all expected the complete re- duction of Canada before the ensuing fall. Big with the pleasing prospect of an event, which would put an end to ail the ravages of an encroaching, merciless enemy, extend the British empire, and augment trade, the colonists exerted themselves to the utmost for the success of the expedition. As soon as the design was made known to the house, twenty ship and house carpenters were impressed into the service for building batteaus. Commis sioners also were appointed to purchase provisions and other necessaries, and empowered to break open houses for that purpose; and to impress men, ves sels, horses, and waggons, for transporting the stores. Four hundred and eighty-seven men, be- sides the independent companies, were raised, and detached to Albany, by the 27th of June ; from whence they advanced, with the main body, to the Wood Creek. Three forts were built there, besides many block-houses and stores for the provisions, which were transported with great dispatch. The province of New York (all things considered) had the merit of having contributed more than any of her neighbours towards this expedition. Pennsyl- vania gave no kind of aid, and New Jersey was only at the expense of 3,000/. One hundred bat- teaus, as many birch canoes, and two of the forts, were built entirely, and the other fort, for the most part, at the charge of this government. All the provisions and stores for the army were transported at their expense ; and besides their quota of volun- teers, and the independent companies, they pro- cured and maintained 600 Indians, and victualled 1,000 of their wives and children at Albany during the campaign. Having thus put themselves to the expense of above 20,000^. towards this enterprise, the delay of the arrival of the fleet spread a general discontent through the country ; and, early in the fall, the as- sembly addressed the lieut.-governor, to recall their forces from the camp. Vetch and Nicholson soon after broke up the campaign, and retired to New- Port, in Rhode Island, where there was a congress of governors. Ingoldsby, who was invited to it, did not appear, in compliance with the inclination of the assembly, who, incensed at the public disappoint- ment, harboured great jealousies of all the first pro- moters of the design. As soon, therefore, as Lord Sunderland's letters, which arrived here on the 21st of October, were laid before the house, they re- solved to send an address to the queen, to lay before her a true account of the manner in which the pro- vince exerted itself in the late undertaking. Had this expedition been vigorously carried on, UNITED STATES. it doubtless would have succeeded. The public af- fairs at home wore conducted by a wise ministry. The allied army triumphed in repeated successes in Flanders; and the court of France was in no con- dition to give assistance to so distant a colony as Canada. The Indians of the five nations were en- g-aged, through the indefatigable solicitation of Co- lonel Schuyler, to join heartily in the attempt ; aiid the eastern colonies had nothing to fear from the Omvenugunas, because those Indians had a little before concluded a peace with the confederates. In America every thing was ripe for the attack. At home Lord Sunderland, the secretary of state, Itad proceeded so far, as to dispatch orders to the 3ueen's ships at Boston, to hold themselves in rea- iness, and the British troops were upon the point of their embarkation. At this juncture, the news arrived of the defeat of the Portuguese, which re- ducing the allies to great streights, (he forces in- tended fot the American adventure were then or- dered to their assistance, and the thoughts of the mi- nistry entirely diverted from the Canada expedition. As there was not a man in the province who had more extended views of the importance of driving the French out of Canada than Colonel Schuyler, so neither did any person more heartily engage in the late expedition. To preserve the friendship of the five nations, without which it would be impossi- ble to prevent our frontiers from becoming a field of blood, he studied all the arts of insinuating himself into their favour. He gave them all possible en couragement and assistance, and very much im- paired his own fortune by his liberality to their chiefs. They never came to Albany, but they re- sorted to his house, and even dined at his table ; and by this means he obtained an ascendancy over them, which was attended with very good consequences to the province ; for he could always, in a great de- gree, obviate or eradicate the prejudices and jealou sies by which the French Jesuits were incessantly labouring to debauch their fidelity. Impressed with a strong sense of the necessity of some vigorous measures against the French, Colonel Schuyler was extremely discontented at the late dis- appointment; and resolved to make a voyage to England, at his private expense, the better to incul- cate on the ministry the absolute necessity of re- ducing Canada to the crown of Great Britain. For that purpose he proposed to carry home with him five Indian chiefs. The house no sooner heard ol his design, than they came to a resolution, which in justice to his distinguished merit, ought not to be suppressed. It was this: " Resolved, nemine contradicente, that the hum ble address of the lieut.-governor, council, and ge- neral assembly of this colony to the queen, repre- senting the present state of this plantation, be com mitted to his charge and care, to be presented by himself to her sacred majesty; he being a person who not only in the last war, when he commanded the forces of this colony in chief at Canada, but also in the present, has performed faithful services to this and the neighbouring colonies ; and behavec himself in the offices with which ha has been in- trusted, with good reputation, and the general satis- faction of the people in these parts." The arrival of the five sachems in England made a great stir through the whole kingdom. The mob followed them wherever they went, and small cuts of them were sold among the people. The courl was at that time in mourning for ths death of the prince of Denmark : the sachems were therefore Iressed in black under-clothes, after the English nanner; but, instead of a blanket, they had each a scarlet-in-grain cloth mantle, edged with "gold, thrown )ver all their other garments. This dress was di- rected by the dressers of the play-house, and given jy the queen, who was advised to make a shew of :hem. A more than ordinary solemnity attended the audience they had of her majesty. Sir Charles Cotterel conducted them, in two coaches, to St. James's ; and the lord chamberlain introduced them into the royal presence. Their speech, on the 19th of April, 1710, was in these words : " Great Queen, We have undertaken a long voyage, which none of our predecessors could be prevailed upon to undertake, to see our great queen, and relate to her those things which we thought ab- solutely necessary for the good of her, and us her allies, on the other side of the water. " We doubt not but our great queen has been ac- quainted with our long and tedious war, in conjunc- tion with her children, against her enemies the French ; and that we have been as a strong wall for their security even to the loss of our best men. We were mightily rejoiced, when we heard our great queen had resolved to send an army to reduce Ca- nada, and immediately, in token of friendship, we hung up the kettle, and took up the hatchet, and, with one consent, assisted Colonel Nicholson in making preparations on this side the lake; but, at length, we were told our great queen, by some im- portant affairs, was prevented in her design, at pre- sent, which made us sorrowful, lest the French, who had hitherto dreaded us, should now think us unable to make war against them. The reduction of Canada is of great weight to our free hunting; so that if our great queen should not be mindful of us, we must, with our families, forsake our country, and seek other habitations, or stand neuter, either of which will be much against our inclinations. " In token of the sincerity of these nations, we do, in their names, present our great queen with these belts of wampum, and in hopes of our great queen's favour, leave it to her most gracious con- sideration." While Colonel Schuyler was at the British court, Captain Ingoldsby was displaced, and Gerardus Beek- man exercised the powers of government, from the 10th of April, 1710, till the arrival of Brigadier Hunter, on the 14th of June following. The coun- cil then present were, Mr. Beekman, Mr. Van Dam, Colonel Benslaer, Mr. Mompesson, Mr. Barbaru' 1 , Mr. Philipse. Hunter was a native of Scotland, and, when a boy, put apprentice to an apothecary. He left his master, and went into the army ; and, being a man of wit and personal beauty, recommended himself to Lady Hay, whom he afterwards married. In the year 1707 he was appointed lieut.-governor of Vir- ginia, but being taken by the French in his voyage to that colony, he was "carried into France, and, upon his return to England, appointed to succeed to the government of the province of New York and New Jersey. Governor Hunter carried over with him near three thousand palatines, who the year before fled to Eng- land from the rage of persecution in Germany. Many of these people settled in the city of New York, where they built a Lutheran church. Others settled on a tract of several thousand acres, in the manor of Livingston. Their village there, called i the camp, was one of the pleasantest situations on J Hudson's river: opposite, on the west bank, were 544 THE HISTORY OF AMERICA. many other families of them. Queen Anne's libe- I rality to these people was not more beneficial to( them than serviceable to the colony. They behaved themselves peaceably, and lived with great industry. The late attempt to attack Canada proving abor- tive, exposed the colony to consequences equally calamitous, dreaded, and foreseen. While the pre- parations were making to invade it, the French ex- erted themselves in cajoling their Indian allies to assist in the repulse ; and as soon as the scheme dropped, numerous parties were sent out to harass the English frontiers. These irruptions were prin- cipally made on the northern parts of New England, where the most savage cruelties were daily com- mitted. New York had indeed hitherto escaped, being covered by the Indians of the five nations ; but the danger induced Governor Hunter, soon after his arrival, to make a voyage to Albany, where he met the confederate chiefs, and renewed the old covenant. While there, he was strongly solicited by the New England governments, to engage the Indians in a war with those who were daily ra- vaging their borders ; but he prudently declined a measure, which might have exposed his own pro- vince to a general devastation. A treaty of neu- trality subsisted at that time between the confeder- ates and the Canada French and their Indians; which, depending upon the faith of lawless savages, was at best but precarious, and yet the only security we had for the peace of the borders. A rupture be- tween them would have involved the colony in a scene of misery, at a time of all others most unsea- sonable. However the people of New England might censure the governor, it was a proof of his wisdom to refuse their request. For besides a want of men and arms our forts were fallen down, and the treasury exhausted. The new assembly met at New York on the 1st of September. Mr. Nicoll, the speaker, Mr. Living- ston, Mr. De Lancey, and Colonel Morris, were the members most distinguished for their activity in the house. Mr. De Lancey was a protestant refugee, a native of Caen in Normandy; and by marrying a daughter of Mr. Courtlandt, connected with a family then, perhaps, the most opulent and extensive of any in the province. He was an eminent merchant, and by a successful trade had amassed a very con- siderable fortune. But of all these, Colonel Morris had the greatest influence on public affairs. He was a man of letters, and, though a little whimsical in his temper, was grave in his manners and of pene- trating parts. Being excessively fond of the so- ciety of men of sense and reading, he was never wearied at a sitting, till the spirits of the whole com- pany were dissipated. From his infancy he had lived in a manner best a lapted to teach' him the nature of man, and to fortify his mind for the vicis- situdes of life. He very early lost both his father and mother, and fell under the patronage of his uncle, formerly an officer of very considerable rank in Cromwell's army, who, after the restoration, dis- guised himself under the profession of quakerism, and settled on a fine farm within a few miles of the city, called after his own name, Morrisania. Being a boy of strong passions, the general indications of a fruitful genius, he gave frequent offence to his uncle, and on one of these occasions, through fear of his resentment, strolled away into Virginia, and thence to Jamaica in the West Indies, where, to support himself, he set up for a scrivener. After several years spent in this vagabond life, he returned again to his uncle, who received the young prodigal with joy ; and, to reduce him to regularity, brought about his marriage with a daughter of Mr. Graham, a lady, with whom he lived above fifty years, in the possession of every enjoyment which good sense and polite manners in a woman could afford. The greatest part of his life, before the arrival of Mr. Hunter, was spent in New Jersey, where he sig- nalised himself in the service both of the proprietors and the assembly. He was one of the council in that province, and a judge of the supreme court there in 1692. Upon the surrender of the govern- ment to Queen Anne, in 1702, he" was named to be governor of the colony ; but the appointment was changed in favour of Lord Cornbury, the queen's cousin. The assembly employed him to draw up their complaint against Lord Cornbury, and he was made the bearer of it to the queen. Though he was indolent in the management of his private affairs, yet, through the love of power, he was al- ways busy in matters of a political nature, and no man in the colony equalled him in the knowledge of the law and the arts of intrigue. From this cha- racter the reader will easily perceive, that Governor Hunter shewed his prudence in taking Mr. Morris into his confidence, his talents and advantages ren- dering him either a useful friend or formidable foe. Such were the acting members of this assembly. When Brigadier Hunter spoke to them, he recom- mended the settling a revenue, the defence of the frontiers, and the restoration of the public credit, which Lord Cornbury had almost entirely destroyed. To stifle the remaining sparks of ancient feuds, he concluded with these words : " If any go about to disturb your peace, by reviving buried parties or piques, or creating new ones, they shall meet with no countenance or encouragement from me ; and I am sure they deserve as little from you." The ad- dress of the house was perfectly agreeable to the governor. They promised to provide for the sup- port of government, and to restore the public credit, as well as to protect the frontiers. In answer to the close of his speech, they declared their hope, " that such as excited party contentions might meet with as little credit, and as much disgrace, as they deserve." This unanimity, however, was soon in- terrupted. Colonel Morris, for some warm words dropped in a debate, was expelled the house ; and soon after a dispute arose between the council and assembly, concerning some amendments made by the former, to a bill, " For the treasurer's paying sundry sums of money." The design of it, in men- tioning the particular sums, and rendering them issuable by their own officer, was to restrain the go- vernor from repeating the misapplications which had been so frequent in a late administration. The council, for that reason, opposed it, and adhered to their amendments ; which occasioned a prorogation on the 25th of November, after the passing of se- veral other necessary laws. Mr. Hunter cautiously avoided entering publicly into the dispute between the two houses, till he knew the sentiments of the ministry, and then opened the spring sessions with a speech too singu- lar not to be inserted. "Gentlemen I hope you are now come with a disposition to answer the ends of your meeting, that is, to provide a suitable support for her majesty's government here, in the manner she has been pleased to direct ; to (indjout means to restore the public credit, and to provide better for your own security. " They abuse you who tell you that you are hardly UNITED STATES. 545 dealt by in the augmentation of salaries. Her ma- jesty's instructions, which I communicated to you at our last meeting, might have convinced you, that it was her tenderness towards her subjects in the plantations, who suffered under an established cus- tom of making considerable presents to their go- vernors by acts of assembly, that induced her to allot to each of them such a salary as she judged sufficient for their support, in their respective stations, with a strict prohibition of all such presents for the future ; which instruction has met with a cheerful and grate- ful compliance in all the other colonies. " If you have been in any thing distinguished, it is by an extraordinary measure of her royal bounty and care. I hope you will make suitable returns, lest some insinuations, much repeated of late years, should gain credit at last, that however your resent- ment has fallen upon the governor, it is the govern- ment you dislike. " It is necessary at this time that you be told also, that giving money for the support of government, and disposing of it at your pleasure, is the same with giving none at all. Her majesty is the sole judge of the merits of her servants. This right has never yet been disputed at home, and should I con- sent to give it up abroad, I should render myself unworthy not only of the trust reposed in me, but of the society of my fellow subjects, by incurring her highest displeasure. If I have tired you by a long speech, I shall make amends, by putting you to the trouble of a very short answer. " Will you support her majesty's government in the manner she has been pleased to direct, or are you resolved that burden shall lie still upon the go- vernor, who cannot accuse himself of any thing that may have deserved this treatment at ymir hands ? "Will you take care of the debts of the govern- ment? or, to increase my sufferings, must I con- tinue under the torture of the daily cries of such as have just demands upon you, and are in misery, with- out the power of giving them any hopes of relief? " Will you take more effectual care of your own safety, in that of your frontiers ; or are you resolved for the future to rely upon the security of an open winter, and the caprice of your savage neighbours ? I shall be very sorry if this plainness offends you. I judge it necessary towards the establishing and cultivating a good understanding betwixt us. I hope it will be so construed, and wish heartily it may have that effect." Perplexed with this remarkable speech, the as- sembly, after a few days, concluded that as his ex- cellency had prorogued them in February, while he was at Burlington, in the province of New Jersey, they could not sit and act as a house ; upon which, they were the same day dissolved. The five Indian sachems, carried to England by Colonel Schuyler, having seen all the curiosities in London, and been much entertained by many per- sons of distinction, returned to Boston with Commo- dore Mart/a and Colonel Nicholson; the latter oi whom commanded the forces designed against Port Royal and the coast of Nova Scotia. In this enter- prise the New England colonies, agreeable to their wonted courage and loyalty, lent their assistance ; and the reduction of the garrison, which was then called Annapolis Royal, was happily completed on the 2d of October, 1710. Animated by this and some other successes in Newfoundland, Nicholson again urged the prosecution of the scheme for the reduction of Canada ; which having been strongly recommended by the Indian chiefs, as the only HIST. OF AMER. Nos. 69 & 70. effectual means to secure the northern colonies, was now again resumed. Towards the execution of this project, 5,000 troops from England and Flanders were sent over under ;he command of Brigadier Hill, the brother of Mrs. Masham, the queen's new confidant, on the disgrace of the duchess of Marlborough. The fleet of trans- ports, under the convoy of Sir Hovenden Walker, arrived after a month's passage at Boston, on the 4th of June, 1711. The provisions with which they expected to be supplied there being not provided, the troops landed. Nicholson, who was to command the land forces, came immediately to New York, where Mr. Hunter convened the assembly on the 2d of July. The re-election of the same members who had served in the last, was a sufficient proof of the general aversion to the establishment of a re- venue. Robert Livingston, junior, who married the only daughter of Col. Schuyler, came in for Albany; and together with Mr. Morris, who was again chosen for the borough of West Chester, joined the govern- or's interest. Brigadier Hunter informed the as- sembly of the intended expedition, and the arrival of the fleet and forces ; that the quota of this pro- vince, settled by the council of war at New London, was GOO private sentinels and their officers; besides which, he recommended their making provision for building batteaus, transporting the troops and pro- visions, subsisting the Indians, and for the contin- gent charges ; nor did he forget to mention the support of government and the public debts. The house was so well pleased with the design upon Canada, that they voted an address of thanks to the queen, and sent a committee to Nicholson, to congratulate his arrival, and make an honourable acknowledgment of his " sedulous application to her majesty for reducing Canada." In a few days time an act was passed for raising forces, and the assem- bly by a resolution, according to the governor's ad- vice, restricted the price of provisions to certain particular sums. Bills of credit, for forwarding the expedition, were now also struck to the amount of 10,000^., to be sunk in five years, by a tax on estates real and personal. After these supplies were granted, the governor prorogued the assembly, though no- thing was done relating to the ordinary support of government. While these preparations were making at New York, the fleet, consisting of twelve men of war, forty transports, and six store ships, with forty horses, a fine train of artillery and all manner of warlike stores, sailed for Canada from Boston on the 30th of July; and about a month afterwards Nicholson appeared at Albany, at the head of an army of 4,000 men, raised in New York, New Jersey, and Connecticut : the several regiments being com- manded by Colonel Ingoldsby, Colonel Whiting, and Colonel Schuyler, the latter of whom procured 600 of the five nations to join the army. The French in Canada were not unapprised of these designs. Vaudreuil, the governor-general, sent his orders from Montreal, to the Sieur Do Beaucourt, to hasten the works he was about at Quebec, and commanded that all the regulars and militia should be held in readiness to march on the first warning. Four or five hundred Indians, of the more distant nations, arrived at the same time at Montreal, with Messieurs St. Pierre and Tonti, who, together with the Caughnuaga proselytes, took up the hatchet in favour of the French. Vaudreuil, after dispatching several Indians and two mission- aries among the five nations, to detach them from 3H 546 THE HISTORY OF AMERICA. the interest of New York, went to Quebec, which Beaueourt the engineer had sufficiently fortified to sustain a long siege. All the principal posts below the city, on both sides of the river, were prepared to receive the British troops in case of their landing. On the 14th of August, Sir Hovenden Walker ar- rived with the fleet in the mouth of St. Lawrence river, and fearing to lose the company of the trans- ports, the wind blowing fresh at north-west, he put into Gaspy bay, and continued there till the 20th of the same month. Two days after he sailed from thence, the fleet was in the utmost danger, for they had no soundings, were without sight of land, the wind high at east-south-east, and the sky darkened by a thick fog. In these circumstances the fleet brought to by the advice of the pilots, who were of opinion that if the ships lay with their heads to the southward, they might be driven by the stream into the midst of the channel; but instead of that, in two hours after they found themselves on the north shore among rocks and islands, and upon the point of being lost. The men of war escaped, but eight transports, containing 800 souls, officers, soldiers, and seamen, were cast av/ay. Two or three days being spent in recovering what they could from the shore, it was determined, at a consultation of sea officers, to return to some bay or harbour, till a fur- ther resolution could be taken. On the 14th of September they arrived at Spanish river bay, where a council of war, consisting of land and sea officers, considering that they had but ten weeks provision, and judging that they could not depend upon a sup- ply from New England, unanimously concluded, to return home without making any further attempts; arid they accordingly arrived at Portsmouth on the 9th of October, when the Edgar, a 70 gun ship, was blown up, having on board above 400 men, besides many persons who came to visit their friends. As soon as the Marquis de Vaudreuil, by the ac- counts of the fishermen and two other ships, had reason to suspect that our fleet was returned, he went to Chambly, and formed a camp of 3,000 men to oppose Nicholson's army., intended to penetrate Canada at that end. But he was soon informed that our troops were returned, upon the news of the disaster which had befallen the fleet, and that the people of Albany were in the utmost conster- nation. Apprehensive thai the enemy would fall upon the borders, as they afterwards really did, in small par- ties, upon the miscarriage of the enterprise, Go- vernor Hunter pressed the assembly, in autumn, to continue a number of mn in pay the ensuing win- ter, and to repair the out-forts. After the house had passed several votes to this purpose his excel- lency, during the session, went u^ to Albany to withdraw the forces of the colony, and give orders for the necessary repairs. The public debts, by this unfortunate expedition, were become greatly enhanced, and the assembly at last entered upon measures for the support of the government, and sent up to the council several bills for that purpose. The latter attempted to make amendments, which the other would not admit, and a warm controversy arose between these two branches of the legislature. The council assigned instances that amendments had formerly been allowed ; and, besides this argument, drawn from precedent, in- sisted that they were a part of the legislature, con- stituted as the assembly were " by the mere grace of the crown;" adding, that the lords of trade had determined the matter in tJ^ir favour. The house, nevertheless, adhered to their resolutions, and ans- wered in these words : " It is true, the share the council have (if any) iu the legislation, does not flow from any title they have from the nature of that board, which is only to advise ; or from their being another distinct state, or rank of people iu the constitution, which they are not, being all commons ; but only from the mere pleasure of the prince signified in the commission. On the contrary, the inherent right the assembly have to dispose of the money of the freemen of this colony does not proceed from any commission, let- ters patent, or other grant from the crown; but from the free choice and election of the people, who ought not to be divested of their property (nor justly can) without their consent. Any former conde- scensions, of other assemblies, will not prescribe to the council a privilege to make any of those amend- ments, and therefore they have it not. If the lords commissioners for trade and plantations did con- ceive no reason why the council should not have right to amend money bills, this is far from con- cluding there are none. The assembly understand them very well, and are sufficiently convinced of the necessity they are in, not to admit of any encroach- ment so much to their prejudice." Both houses adhered obstinately to their respect- ive opinions : in consequence of which, the public debts remained unpaid, though his excellency could not omit passing a bill for paying to himself 3,750 ounces of plate. Upon the return of the fleet, Dudley, Saltonstal, and Cranston, the governors of the eastern colonies, formed a design of engaging the five nations in a rupture with the French, and wrote on that head to Mr. Hunter; who, suspicious that his assembly would not approve of any project that might in- crease the public debts, laid their letter before the house ; and, according to his expectations, they de- clared against the scheme. About this time Colonel Hunter, by the advice of his council, began to exercise the office of chancellor, having, on the 4th of October, appointed Messrs. Van Dam and Philipse, masters, Mr. Whilcman, register, Mr. Harrison, examiner, and Messrs. Sharpas and Broughton, clerks. A proclamation was then issued, to signify the sitting of the court on Thursday in every week. This gave rise to these two resolutions of the house. " Resolved, that the erecting a court of chancery, without consent in general assembly, is contrary to law, without precedent, and of dangerous conse- quence to the liberty and property of the subjects. " That the establishing fees, without consent in general assembly, is contrary to law." The council made these votes the subject of part of a long re- presentation, which they shortly after transmitted to the lords of trade, who, in a letter to the governor in answer to it, approved of his erecting a court of equity, and blamed the assembly, adding, " That her majesty has an undoubted right of appointing such, and so many courts of judicature in the planta- tions, as she shall think necessary for the distribution of justice." At the next meeting, in May, 1712, Colonel Hunter strongly recommended the public debts to the consideration of the assembly, informing them, that the lords of trade had signified their opinion, with respect to the amending money bills, in favour of the council. The house neglected the matters laid before them, and the governor broke up the sessions, bv a short prorogation of three days. After UNITED STATES. 547 which they soon passed an act for paying his excel- ency 8,025 ounces of plate. Public affairs never rrore a more melancholy aspect than at this juncture. Among the five nations, many emissaries from \he French were daily seducing them from the Bri- tsh interest, and the late ill success gave such a powerful influence to their solicitations, that the In- ilians, even at Catt's Kill, sent a belt of wampum to those in Dutchess county to prepare for a war. The Sennecas and Shawanas were also greatly dis- affected, and it was generally apprehended, that they would fall upon the inhabitants along Hudson's river. An invasion was strongly suspected by sea on the city of New York, wliere they had been alarmed, in April, by an insurrection of the negroes; who, iu execution of a plot to set fire to the town, had burnt down a house in the night, and killed several people who came to extinguish the fire, for which nineteen of them were afterwards executed. But distressed as the colony then was, the assembly were inflexibly averse to the establishment of a reve- nue, which had formerly been wickedly misapplied and exhausted. At the ensuing session, in the fall, Col. Hunter proposed a scheme to the assembly, which was, in substance, that the receiver-general should give security, residing in the colony, for the due execution of his office ; and every quarter account, to the governor and council, for the sums he might receive. That the creditors of the government should, every three months, deliver in their demands to the governor and council; when, if that quarter's reve- nue equalled the amount of such debts, the go- vernor, by the advice of council, should draw for it : but if the revenue for that quarter should fall short of the governor's demands, then the warrants were to be drawn for so much only as remained, and the creditors should afterwards receive new drafts for their balances in the next quarter. That no war- rant should be issued, until the quarterly account of the revenue was given in ; but that then they should be paid in course, and an action of debt be given against the receiver-general iu case of refusal. That he should account also to the assembly when required, and permit all persons to have recourse to his books. The house turned a deaf ear to this plausible project, and, displeased with a letter from the lords of trade favouring the council's claim to amend money bills, they agreed upon an address to the queen, protesting their willingness to support her government, complaining of misapplications in the treasury, intimating their suspicions that they were misrepresented, arid praying an instruction to the governor to give his consent to a law, for sup- porting an agent to represent them at the court of Great Britain. Provoked by this conduct, and to put an end to the disputes subsisting between the two houses, his excellency dissolved the assembly. Before the meeting of the next assembly the peace of Utrecht was concluded, on the 31st of March, 1713, a peace, in the judgment of many, disho- nourable to Great Britain, and injurious to her al- lies. We shall only merely refer to it with relation to Indian affairs. Lord Bellamont, after the peace at Ryswick, contended with the governor of Canada, that the five nations ought to be considered as sub- jects of the British crown, and the point was disputed even after the death of Count Fronteuac. It does not appear that any decision of that matter was made between the two crowns, till the treaty of Utrecht, the 15th article of which is in these words : " The subjects of France inhabiting Canada, and others, shall hereafter give no hindrance or molest- ation to the live nations, or cantons of Indiana, sub- ect to the dominion of Grout Britain, nor to tho ither nations of America who are friends to th same. In like manner, the subjects of Gru;\t Bri- tain shall behave themselves peaceably towards the Americans who are subjects or friends to France ; and on both sides they shall enjoy full liberty of going and coming on account of trade. Also the natives of these countries shall, with the same li- berty, resort, as they please, to the British arid French colonies, for promoting trade on one side and -the other, without any molestation or hind- rance, either on the part of the British subjects, or of the French. But it is to be exactly and distinctly settled by commissaries, who are, and who ought to be accounted, the subjects of Britain or of France." In consequence of this treaty, the British crown became entitled, at least for any claim that could justly be interposed by the French, to the sovereignty over the country of the five nations. Brigadier Hunter was disappointed in his expec- tations upon the late dissolution; for though the elections were very hot, and several new members came in, yet the majority were in the interest of the late assembly, and on the 27th of May, 1713, chose Mr. Nicoll into the chair. The governor spoke to them with great plainness, informing them that it would be in vain to endeavour to lodge the money allotted for the support of government in any other than the hands of the queen's officers. " Neverthe- less (says he) if you are so resolved, you may put the country to the expense of a treasurer, f(5r tho custody of money raised for extraordinary uses." He added, that he was resolved to pass no law, till provision was made for the government. The mem- bers were therefore reduced to the dilemma of pass- ing a bill for that purpose, or breaking up immedi- ately. They chose the former, and the governor gave his assent to that, and an excise bill on strong liquors, producing to the treasury about 1,000/. per annum. After jf short recess, several other laws were enacted in the autumn. But the debts of the government still remained unnoticed, till the summer of the year 1714. A long session was then almost entirely devoted to that single affair. Incredible were the numbers of the public creditors. New de- mands were every day made; amounting to near 28,000/. To pay this prodigious sum, recourse was had to the circulation of bills of credit to that value. These were lodged in the hands of the province treasurer, and issued by him only, according to the directions of the act. The news of the queen's death arriving in the ensuing autumn, a dissolution ensued; and a new house met in May, 1715, which continued only to the 21st of July. For the governor being now determined to subdue those whom he could not al- lure, again dissolved the assembly. He succeeded in his design ; for though Mr. Nicoll was re-elected into the chair on the 9th of June, 1716, yet we plainly perceive, by the harmony introduced be- tween the several branches of the legislature, that the majority of the house were now in the interest of the governor. An incontestible evidence of their good under- standing appeared at the session in autumn, 1717 when the governor informed them of a mcmoria. which had been sent home, reflecting upon his ad- ministration. The house immediately voted an ad- dress to him, which was conceived in terms of the utmost respect, testifying their abhorrence of the memorial, as a false and malicious libel. It was 3H 2 548 THE HISTORY OF AMERICA. supposed to be written by Mulford, a representative for Suffolk county, who always opposed the mea- sures that were taken to preserve the friendship of the five nations, and foolishly projected a scheme to cut them off. It was printed in England, and delivered to the members at the door of the house of commons, but never had the author's intended effect. It was at this meeting the council, on the 31st of October, sent a message by Mr. Alexander, then deputy secretary to the house, desiring them " to appoint proper persons, for running the division line between this colony and the province of New Jersey, his excellency being assured the legislature of the province of New Jersey will bear half the ex- pense thereof." The assembly had a bill before them at that time, which afterwards passed into a law, for the payment of the remaining debts of the government, amounting to many thousand pounds ; in which, after a recital of the general reasons for ascertaining the limits between New York and New Jersey on the one side, and Connecticut on the other, a clause was added to defray the expense of those services. Seven hundred and fifty ounces of plate were enacted " to be issued by warrant, under the hand and seal of the governor of this province for the time being, by and with the advice and con- sent of his majesty's council, in such parts and por- tions as shall be requisite for that service, when the survey, ascertaining, and running the said line, limit, and boundary, shall be begun and carried on by the mutual consent and agreement of his excel- lency and council of this province, and the proprie- tors of the soil of the said province of New Jersey." According to this law, the line " agreed on by the surveyors and commissioners of each colony was to be conclusive." Another sum was also provided by the same clause, for running the line between New York and Connecticut; and in the year 1719, an act was passed for the settlement of that limit. Whether it was because Mr. Nicoll was disgusted with the governor's prevailing interest in the house, or owing to his infirm state of health, that he desired, by a letter to the general assembly, on the 18th of May, 1718, to be discharged from the speaker's place, is uncertain. His request was readily granted, and Robert Livingston, Esq., chosen in his stead. The concord between the governor and this assembly was now wound up to its highest pitch, as is evi- denced by his last speech to the house on the 24th of June, 1719, and their address in answer to it. " Gentlemen, I have now sent for you, that you may be witness to my assent to the acts passed by the general assembly in this session. I hope that what remains unfinished may be perfected by to-morrow, when I intend to put a close to this session. " I take this opportunity also to acquaint you, that my late uncertain state of health, the care of my little family, and my private affairs, on the other side, have at last determined me to make use of that license of absence, which has been some time ago so graciously granted me ; but with a firm re- solution to return to you again, if it is his majesty's pleasure that I should do so; but if that proves otherwise, I assure you that whilst I live I shall be watchful and industrious to promote the interest and welfare of this country, of which I think I am under the strongest obligations for the future to ac- count myself a countryman. " I look with pleasure on the present quiet and flourishing state of the people here, whilst I reflect on that in which I found them at my arrival. As the very name of party or faction seems to be for- gotten, may it for ever lie buried in oblivion, and no strife ever happen amongst you, but that laudable emulation, who shall approve himself the most zea- lous servant and most dutiful subject of the best of princes, and most useful member of a well estab- lished and flourishing community, of which you, gentlemen, have given a happy example, which I hope will be followed by future assemblies. I men- tion it to your honour, and without ingratitude and breach of duty I could do no less." Colonel Morris and the new speaker were the authors of the answer to this speech, though it was signed by all the members. "Sir, when we reflect upon your past conduct, your just, mild, and tender administration, it heightens the concern we have for your departure, and makes our grief such as words cannot truly ex- press. You have governed well and wisely, like a prudent magistrate like an affectionate parent; and wherever you go, and whatever station the divine providence shall please to assign you, our sincere desires and prayers for the happiness of you and yours, shall always attend you. " We have seen many governors, and may see more ; and as none of those who had the honour to serve in your station, were ever so justly fixed in the affectwros of the governed, so those to come will acquire no mean reputation, when it can be said of them, their conduct has been like yours. " We thankfully accept the honour you do us, in catting yourself our countryman ; give us leave then to desire, that you will not forget this as your country, and if you can, make haste to return to it. " But if the service of our sovereign will not ad- mit of what we do earnestly desire, and his com- mands deny us that happiness ; permit us to address you as our friend, and give us your assistance, when we are oppressed with an administration the reverse of yours." Colonel Hunter departing the province, the chief command devolved, the 31st of July, 1719, on Peter Schuyler, Esq., then the eldest member of the board of council. As he had no interview with the assem- bly during his short administration, in which he behaved with great moderation and integrity ; there is very little observable in his time, except a treaty at Albany with the Indians, for confirming the an- cient league ; and the transactions respecting the partition line between New York and New Jersey ; concerning the latter of which the following is a summary. The two provinces were originally included in the grant of King Charles to the Duke of York. New Jersey was afterwards conveyed by the duke to Lord Berkley and Sir George Carteret. This again, by a deed of partition, was divided into East and West. Jersey, the former being released to Sir George Carteret, and the latter to the assigns of Lord Berk- ley. The line of division extended from Little Egg Harbour to the North Partition Point on Delaware river, and thus both those tracts became concerned in the limits of the province of New York. The original rights of Lord Berkley and Sir George Carteret were vested in two different sets, consist- ing each of a great number of persons, known by the general name of the proprietors of East and West Jersey, who, though they surrendered the powers of government to Queen Anne, in the year 1702, still retained their property in the soil. These were the persons interested against the claim of New York. It is agreed on all sides, that the deed to UNITED STATES. 549 New Jersey was to be first satisfied out of that great tract granted to the duke, and that the remainder was the right of New York. The proprietors in- sisted upon extending their northern limits to a line drawn from the latitude of 41 40' on Delaware, to the latitude of 41 on Hudson's river; and alleged that before the year 1671, the latitude of 41 was reputed to be fourteen miles to the northward of Tappan Creek, part of those lands having been settled under New Jersey till 1684. They farther con- tended, that in 1684 or 1685, Dongan and Lawrie (the former governor of New York, and the latter of 'New Jersey) with their respective councils agreed, that the latitude on Hudson's river was at the mouth of Tappan Creek, and that a line from thence to the latitude of 41 46' on Delaware should be the boundary line. In 1686, Robinson, Wells, and Keith, surveyors of the three several provinces, took two observations, and found the latitude of 41 to be 1' and 25" to the northward of the Yonker's mills, which is four miles and forty-five chains to the southward of the mouth of Tappan Creek. But against these observations the proprietors offered sundry objections. It was not pretended by any of the litigants, that a line according to the station settled by Dongan and Lawrie was actually run ; so that the limits of these contending provinces must long have existed in the uncertain conjectures of the inhabitants of both; and yet the inconve- niences of this unsettled state, through the infancy of the country, were very inconsiderable. In the year 1701, an act passed in New York relating to elections, which annexed Wagachemeck, and great and little Minisirik, certain settlements near Dela- ware, to Ulster county. The intent of this law was to quiet disputes before subsisting between the in- habitants of those places, whose votes were required both in Orange and Ulster. The natural conclusion from hence is, that the legislature of New York then deemed those plantations not included within the New Jersey grant. Such was the state of this affair till the year 1717, when provision was made by New York for running the line. The same being done in New Jersey the succeeding year, commissions for that purpose under the great seals of the respective colonies, were issued in May, 1719. The commissioners, by indenture dated the 26th of July, fixed the North Station Point on the northernmost branch of Delaware, called the Fish Kill; and from thence a random line was run to Hudson's river, terminating about five miles to the northward of the mouth of Tappan Creek. In August, the surveyors of East Jersey met for fixing the station on Hudson's river. All the commissioners not attending through sickness, nothing further was done. What had already been transacted, however, gave a general alarm to many persons interested in several patents under New York, who before imagined their rights extended to the southward of the random line. The New York surveyor afterwards declined proceeding in the work, complaining of faults in the instrument which had been used in fixing the North Station on Delaware. The proprietors, on the other hand, thought they answered his objections, and the matter rested with- out much contention till the year 1740. Frequent quarrels multiplying after that period, relating to the rights of soil and jurisdiction southward of the line in 1719, a probationary act was passed in New Jersey, in February, 1748, for running the line ex- parte, if the province of New York refused to join in the work. The New York assembly soon after directed their agent to oppose the king's confirma- tion of that act, and it was accordingly dropped, agreeably to the advice of the lords of trade, whose report of the 18th of July, 1753, on a matter of so much importance, it is thought right here to insert. "To the king's most excellent majesty. " May it please your majesty, We have lately had under our consideration, an act passed in your majesty's province of New Jersey in 1747-8, entitled An act for running and ascertaining the line of par- tition and division betwixt this province of New Jersey, and the province of New York. " And having been attended by Mr. Paris, so- licitor in behalf of the proprietors of the eastern division of New Jersey, with Mr. Hume Campbell and Mr. Henley his counsel in support of the said act ; and by Mr. Charles, agent for the province of New York, with Mr. Forrester and Mr Pratt his counsel against the said act, and heard what each party had to offer thereupon; we beg leave humbly to represent to your majesty, that the considerations which arise upon this act are of two sorts, viz., such as relate to the principles upon which it is founded, and such as relate to the transactions and circura stances which accompany it. " As to the first, it is an act of the province of New Jersey interested in the determination of the limits, and in the consequential advantages to arise from it. " The province of New Jersey, in its distinct and separate capacity, can neither make nor establish boundaries : it can as little prescribe regulations for deciding differences between itself and other parties concerned in interest. "The established limits of its jurisdiction and territory are such as the grants under which it claims have assigned. If those grants are doubtful, and differences arise upon the constructions, or upon the matters of them, we humbly apprehend that there are but two methods of deciding them ; either by the concurrence of all parties concerned in interest, or by the regular and legal forms of ju- dicial proceedings; and it appears to us, that the method of proceeding must be derived from the im- mediate authority of the crown itself, signified by a commission from your majesty under the great seal ; the commission of subordinate officers and of derivative powers being neither competent nor ade- quate to such purposes; to judge otherwise would be, as we humbly conceive, to set up ex-parte de- terminations and incompetent jurisdictions in the place of justice and legal authority. " If the act of New Jersey cannot conclude other parties, it cannot be effectual to the ends proposed ; and that it would not be effectual to form an abso- lute decision in this case, the legislature of that province seems sensible, whilst it endeavours to leave to your majesty's determination the decision of one point relative to this matter, and of consider- able importance to it ; which power your majesty cannot derive from them, without their having the power to establish the thing itself, without the assist- ance of your majesty. " As we are of opinion, that the present act, with- out the concurrence of other parties concerned in interest, is unwarrantable and ineffectual ; we shall in the next place consider what transactions and proceedings have passed, towards obtaining such concurrence. "The parties interested, are your majesty and the two provinces of New York and New Jersey. Your majesty is interested with respect to your sovereignty, 550 THE HISTORY OF AMERICA. seigneurie, and property; and the said provinces with respect to their government and jurisdiction. " With regard to the transactions on the part of New York, we beg leave to observe, that whatever agreements have been made formerly between the two provinces for settling their boundaries ; what- ever acts of assembly have passed, and whatever commissions have been issued by the respective go- vernors and governments; the proceedings under them have never been perfected, the work remains unfinished, and the disputes between the two pro- vinces subsist with as much contradiction as ever; but there is a circumstance that appears to us to have still more weight, namely, that those transac- tions were never properly warranted on the part of the crown : the crown never participated in them, and therefore cannot be bound with respect to its interests by proceedings so authorised. " The interest which your majesty has in the de- termination of this boundary, may be considered in three lights : either as interests of sovereignty, re- specting mere government ; of seigneurie, which re- spect escheats, and quit-rents; or of property, as rela- tive to the soil itself; which last interest takes place in such cases, where either your majesty has never made any grants of the soil, or where such grants have, by escheats, reverted to your majesty. " With regard to the first of these interests, viz. that of sovereignty, it has been alleged to us in support of the act, that it is not materially affected by the question, as both provinces are under your majesty's immediate direction and government; but they stand in a very different light with respect to your majesty's interest in the quit-rents and escheats ; in both which articles the situation of the two pro- vinces appears to us to make a very material altera- tion ; for although the province of New Jersey is not under regulations of propriety or charter with respect to its government, yet it is a proprietary province with respect to the grant and tenure of its territory ; and consequently, as New York is not in that predicament, the determination of the boundary in prejudice to that province, will affect your ma- jesty's interest with respect to the tenure of such lands as are concerned in this question; it being evident, that whatever districts are supposed to be included in the limits of New Jersey, will immedi- ately pass to the proprietors of that province, and be held of them, by which means your majesty would be deprived of your escheats, and the quit-rents would pass into other hands, " To obviate this objection, it has been alleged, that the crown has already made absolute grants of the whole territory that can possibly come in ques- tion under the denomination of this boundary, and reserved only trifling and inconsiderable quit-rents on those grants. But this argument does not seem to us to be conclusive, since it admits an interest in your majesty, the greatness or smallncss of which is merely accidental; and therefore does not affect the essence of the question : and we beg leave to ob- serve, that in the case of exorbitant grants with in- considerable quit-rents; and where consequently it may reasonably be supposed, that the crown has been deceived in such grants by its officers ; your majesty's contingent right of property in virtue of your seigneurie, seems rather to be enlarged than diminished. " This being the case, it appears to us, that Go- vernor Hunter ought not to have issued his commis- sion for running the line above-mentioned, without having previously received the royal direction and instruction for that purpose ; and that a commission issued without such authority can be considered, with respect to the interests of the crown, in no other light than as a mere nullity -. and even with respect to New York, we observe, that the said commission is questionable, as it does not follow the directions of the above-mentioned act, passed in 1717, which declares, that the commission to be issued, shall be granted under the joint authority of the governor and council of that province, " But it has been further urged, that the crown has since confirmed these transactions, either by previous declarations or by subsequent acquiescence, and consequently participated in them, so far as to conclude itself: we shall therefore, in the next place, beg leave to consider the circumstances urged for this purpose. " It has been alleged, that the crown, by giving consent to the aforesaid act, passed in New York in 1717, for paying and discharging several debts due from that colony, &c., concluded and bound itself, with respect to the subsequent proceedings had under the commission issued by Governor Hunter ; but the view and purport of that act appears to us so entire, and so distinctly formed for the pur- pose of raising money and establishing funds; so various and so distinct from any consideration of the disputes subsisting in the two provinces, with respect to the boundaries; that we cannot conceive a single clause in so long and so intricate an act, can be a sufficient foundation to warrant the proceedings of Governor Hunter subsequent to it, without a special authority from the crown for that purpose; and there is the more reason to be of this opinion, as the crown, by giving its assent to that act, can be construed to have assented only to the levying money for a future purpose ; which purpose could not be effected by any commission but from itself; and therefore can never be supposed to have, thereby, approved a commission from another authority, which was at that time already issued, and carrying" into execution, previous to such assent. " We further beg leave humbly to represent to your majesty, that the line of partition and division between your majesty's province of New York and colony of Connecticut, having been run and ascer- tained, pursuant to the directions of an act passed at New York for that purpose, in the year 1719, and confirmed by his late majesty in 1723; the transactions between the said province and colony, upon that occasion, have been alleged to be similar to, and urged as, a precedent, and even as an ap- probation, of the matter now in question : but we are humbly of opinion, that the two cases are mate- rially, and essentially, different. The act passed in New York, in 1719, for running and ascertain- ing the lines of partition and division between that colony and the colony of Connecticut, recites, that in the year 1683, the governor and council of New York, and the governor and commissioners of Con- necticut, did, in council, conclude an agreement concerning the boundaries of the two provinces; that, in consequence of this agreement, commission- ers and surveyors were appointed on the part of each government, who did actually agree, deter- mine, and ascertain, the lines of partition ; marked out a certain part of them, and fixed the point from whence the remaining pait should be run : that the several things agreed on and done by the said com- missioners, were ratified by the respective governors ; entered on record in each colony, in March, 1700; approved and confirmed by order of King William UNITED STATES, 551 the Third, in his privy council; and by his said majesty's letter to his governor of New York. From this recital it appears to us, that those trans- actions were not only carried on with the participa- tion, but confirmed by the express act and authority of the crown ; and that confirmation made the found- ation of the act passed, by New York, for settling the boundaries between the two provinces ; of all which authority and foundation the act, we now lay before your majesty, appears to us to be entirely destitute. " Upon the whole, as it appears to us, that the act in question cannot be effectual to the ends pro- posed; that your majesty's interest may be mate- rially affected by it, and that the proceedings on which it is founded were not warranted in the first instance by the proper authority, but carried on without the participation of the crown : we cannot think it adviseable to lay this act before your ma- jesty, as fit to receive your royal approbation. " Which is most humbly submitted, " Dunk Halifax, " J. Grenville, Whitehall, " James Oswald, July 18, 1753. " Andrew Stone." From the year 1720 to the commencement of the ad- ministration of Colonel Cosby. William Burnet, Esq. took upon him the govern- ment of this province, qn the 17th of September, 1720. The council named in his instructions were, Colonel Schuyler, Colonel Depeyster, Captain Wal- ter, Colonel Beckman, Mr. Van Darn, Colonel Keathcote, Mr. Barbaric', Mr. Philipse, Mr. Byerly, Mr. Clarke, Dr. Johnston, Mr. Harrison. Mr. Burnet, as has been already observed, in the account of his government of Massachusetts, was the son of the famous Bishop Burnet. His fortune was very inconsiderable, for he suffered much in the South Sea scheme. While in England, he had the office of comptroller of the customs at London, which he resigned to Brigadier Hunter, as the latter, in his favour, did the government of this and the co- lony of New Jersey. Mr. Burnet's acquaintance with that gentleman gave him an opportunity to obtain good intelligence both of persons and mat- ters in the colony. The brigadier recommended all his old friends to the favour of his successor, and he made few changes amongst them. Colonel Schuyler and Mr. Philipse were, indeed, removed from the council board by his representations, for their op- posing, in council, the continuance of the assembly, after his arrival. Mr. Morris, the chief justice, was his principal confidant. Dr. Golden and Mr. Alex- ander, two Scotch gentlemen, had the next place in his esteem. They were both men of learning, good morals, and solid parts. The former was well ac- quai-nted with the affairs of the province, and parti- cularly those which concerned the French in Ca- nada and the Indjan allies. The latter was bred to the law, and though no speaker, at the head of his profession for sagacity and penetration ; and in ap- plication to business no man could surpass him. Nor was he unacquainted with the affairs of the public, having served in the secretary's office, the best school in the province for instruction in mat- ters of government; because the secretary enjoyed a plurality of offices, conversant with all the busi- ness of the colony. Both those gentlemen were, by Mr. Burnet, soon raised to the council-board, as were also Mr. Morris, jun., Mr. Van Horn, whose daughter he married, and Mr. Kennedy, who suc- ceeded Byerly, both at the council-board and in the office of receiver-general. Of all the governors, none had such extensive and just views of our Indian affairs, and the dangerous neighbourhood of the French, as Governor Burnet, in which Mr. Livingston was his principal assistant. His attention to these matters appeared at the very commencement of his administration ; for in his first speech to the assembly, the autumn after his arrival, he laboured to implant the same sentiments in the breasts of the members; endeavouring to alarm their fears, by the daily advances of the French, their possessing the main passes, seducing the In- dian allies, and increasing their new settlements in Louisiana. Chief justice Morris, whose influence was very great in the house, drew the address in answer to the governor's speech, which contained the follow- ing passage, manifesting the confidence they re- posed in him : " We believe that the son of that worthy prelate, so eminently instrumental under our glorious monarch, William the Third, in delivering us from arbitrary power, and its concomitants, po- pery, superstition, and slavery; has been educated in, and possesses, those principles that so justly re- commended his father to the council and confidence of protestant princes; and- succeeds our former go- vernor, not only in power, but inclination, to do us good." From an assembly, impressed with such favoura- ble sentiments, his excellency had the highest reason to expect a submissive compliance with every thing recommended to their notice. The public business proceeded without suspicion or jealousy, and nothing intervened to disturb the tranquillity of the political state. Among the most remarkable acts passed this session, we may reckon that, for a five years' sup- port; another for laying a duty of two per cent, prime cost on the importation of European goods, which was soon after repealed by the king; and a third, for prohibiting the sale of Indian goods to the French. The last of these was a favourite act of the governor's, and though a law very advanta- geous to the province, became the source of an un- reasonable opposition against him, which continued through his whole administration. From the conclu- sion of the peace of Utrecht, a great trade was carried on between Albany and Canada, for goods saleable among the Indians. The chiefs of the confederates wisely foresaw its ill consequences, and complained of it to the commissioners of Indian affairs, who wrote to Mr. Hunter, acquainting him of their dis- satisfaction. The letter was laid before the house, but no effectual step taken to prevent the mischief, till the passing of this act, which subjected the traders to a forfeiture of the effects sold, and the penalty of 100Z. Mr. Burnet's scheme was to draw the Indian trade into the colony's power; to ob- struct the communication of the French with the Indian allies, which gave them frequent opportuni- ties of seducing them from their fidelity; and to re- gain the Caofhnuagas, who became interested in their disaffection, by being the carriers between Albany and Montreal. Among those who were more im- mediately prejudiced by this new regulation, the importers of those goods from Europe were the chief; and hence the spring of their opposition to the go- vernor. Frequent reference being made to " com- missioners of Indian affairs," it is necessary to de- scribe the nature of their office. As the governors resided at New York, it became necessary that some persons should be commissioned, at Albany, to re- 55'J THE HISTORY OF AMERICA. ceive intelligence from the Indians, and treat with them upon emergencies., which gave rise to the office of " commissioners of Indian affairs," who in gene- ral, transacted all such matters as might be done by the governor. They received no salaries, but con- siderable sums were deposited in their hands for occasional presents. There are regular minutes of their transactions from the year 1675. These were in separate quires, till 1751, when they were bound up in four large volumes, in folio. And in them all the Indian treaties are entered. The books were kept by a secretary, commissioned in England. The commandant at Oswego was generally a com- missioner. The office would probably have been more advantageous if the commissioners had not been traders, than which nothing is more ignoble in the judgment of the Indians. All possible arts. were used, both here and in England, to preserve the good temper of the assem- bly. Brigadier Hunter gave the ministry such fa- vourable accounts of the members, that Colonel Schuyler, during his presidentship, had orders from Mr. Secretary Craggs, neither to dissolve them him- self, nor permit them to be dissolved ; and at the spring session, in the year 1721, Mr. Burnet in- formed them, that his continuance of them was highly approved at home. Horace Walpole, the auditor-general, who had appointed Mr. Clarke for his deputy, thought this a favourable conjuncture for procuring five per cent, out of the treasury. But the house were averse to his application, and on the 2d of June, Abraham Depeyster, jun., was appointed treasurer by the speaker's warrant, with the consent of the governor, in the room of his father, who was infirm ; upon which he entered into a recognizance of 5;000/. to the king, before a judge of the supreme court, for the faithful execution of his trust, which was lodged in the secretary's office. The house, at the same time, in an address, declared their willing- ness that the treasurer should account ; but utterly refused to admit of any draughts upon the treasury for the auditor-general, who was constrained to de'- pend entirely upon the revenue, out of which he re- ceived about 200/. per annum. Mr Burnet being well acquainted with the geo- graphy of the country, wisely concluded, that it was to the last degree necessary to get the command of the great lake Ontario, as well for the benefit of the trade, and the security of the friendship of the five nations, as to frustrate the French designs, of con- fining the English colonies to narrow limits along the sea coast, by a chain of forts on the great passes from Canada to Louisiana. Towards the subversion of this scheme, he began the erection of a trading house at Oswego, in the country of the Sennecas, in 1722 ; and recommended a provision for the resid- ence of trusty persons among them, and the Onon- dagas, which last possessed the centre of the five cantons. This year was remarkable for a congress of several governors and commissioners, on the re- newal of the ancient friendship with the Indians at Albany. Mr. Burnet prevailed upon them to send a message to threaten the Eastern Indians with a war, unless they concluded a peace with the Eng- lish, who were very much harassed by their frequent irruptions. On the 20th of May, in the year fol- lowing, the confederates were augmented by their reception of above eighty Nicariagas, besides wo- men and children, as they had been formerly, by the addition of the Tuscaroras. The country of the Nicariagas was on the north side of Missilimakinack, but the Tuscaroras possessed a tract of land near the sources of James's river, in Virginia, from whence the encroachments of the English induced them to remove, and settle near the south-east end of the Oneyda lake. The strict union subsisting between the several branches of the legislature, gave a handle to Mr. Burnet's enemies to excite a clamour against him. Jealousies were industriously sown in the breasts of the people. The continuance of an assembly, after the accession of a new governor, was represented as an anti-constitutional project ; and though the af- fairs of the public were conducted with wisdom and spirit, many were so much imposed upon, that a rupture between the governor and the assembly was thought to be absolutely necessary for the weal and safety of the community. But this was not the only stratagem of those who were dissatisfied at the pro- hibition of the French trade. The London mer- chants were induced to petition the king for an order to his governor, prohibiting the revival of tho act made against it, or the passing any new law of that tendency. The petition was referred to the board of trade, and backed before their lordships, with suggestions of the most notorious falsehoods. The lords of trade prudently advised, that no such directions should be sent to Mr. Burnet till he had an opportunity of answering the objections against the act. They were accordingly sent over to him, and he laid them before his council. Dr. Coldeu and Mr. Alexander exerted themselves in a me- morable report in answer to them, which drew upon them the resentment of several merchants who had first excited the London petition, and laid the foundation for a variance between their families, which manifested itself on many occasions. As this report illustrates the state of the colony at this period, it is introduced. " May it please your excellency, " In obedience to your excellency's commands, in council, the 29th of October, referring to us a petition of several merchants in London, presented to the king's most excellent majesty, against re- newing an act passed in this province, entitled, ' An ' act for encouragement of the Indian trade, and ' rendering it more effectual to the inhabitants of ' this province, and for prohibiting the selling of ' Indian goods to the French.' As likewise the se- veral allegations of the said merchants before the right honourable the lords of trade and plantations, we beg leave to make the following remarks. " In order to make our observations the more distinct and clear, we shall gather together the se- veral assertions of the said merchants, both in their petition, and delivered verbally before the lords of trade, as to the situation of this province, with re- spect to the French and Indian nations ; and observe on them, in the first place, their being the foundation on which all their other allegations are grounded. Afterwards we shall lay before your excellency what we think necessary to observe on the other parts of the said petition, in the order they are in the peti- tion, or in the report of the lords of trade. " In their geographical accounts they say, ' Be- ' sides the nations of Indians that are in the English ' interest, there are very many nations of Indians, 4 who are at present in the interest of the French, ' who lie between New York and the nations of ' Indians in the English interest. The French and ' their Indians would not permit the English In- ' dians to pass over by their forts. The said act ' restrains them (the five nations) from a free com- ' merce with the inhabitants of New York. UNITED STATES 553 " ' The five Indian nations are settled upon the ' banks of the river St. Lawrence, directly opposite 1 to Quebec, two or three hundred leagues distant ' from the nearest British settlements in New York. " ' They (the five nations of Indians) were two or * three hundred leagues distant from Albany ; and * that they could not come to trade with the Eng- ' lish, but by going down the river St. Lawrence, ' and from thence through a lake which brought * them within eighteen leagues of Albany.' " These things the merchants have thought it safe for them, and consistent with their duty to his sacred majesty, to say in his majesty's presence, and to repeat them afterwards before the right ho- nourable the lords of trade, though nothing can be more directly contrary to the truth. For there are no nations of Indians between New York and the nations of Indians in the English interest, who are now six in number, by the addition of the Tusca- roras. The Mohawks (called Annies by the French), one of the five nations, live on the south side of a branch of Hudson's river, (not on the north side as they are placed in the French maps) and but forty miles directly west from Albany, and within the English settlements; some of the English farms, upon the same river, being thirty miles further west. The Oneydas (the next of the five nations) lie like- wise west from Albany, near the head of the Mo- hawks river, about 100 miles from Albany. The Onondagas lie about 130 miles west from Albany ; and the Tuscaroras live partly with the Onondagas. The Cayugas are about 160 miles from Albany ; and the Sennecas (the furthest of all these nations) are not above 240 miles from Albany, as may appear from Mr. D' Isle's map of Louisiana, who lays down the five nations under the name of Iroquois ; and goods are daily carried from this province, to the Sennecas, as well as to those nations that lie nearer, by water all the way, except three miles (or in the dry season five miles), where the traders carry over land between the Mohawks river and the Wood Creek, which runs into the Oneydas lake, without going near either St. Lawrence river, or any of the lakes upon which the French pass, which are en- tirely out of their way. "The nearest French forts or settlements to Al- bany, are Chambly and Montreal, both of them lying about north and by east from Albany, and are near 200 miles distant from it. Quebec lies about 380 miles north-east from Albany. So far is it from being true, that the five nations are situated upon the banks of the river St. Lawrence, opposite to Quebec, that Albany lies almost directly between Quebec and the five nations. And to say that these Indians cannot come to trade at Albany, but by going down the river St. Lawrence, and then into a lake eighteen leagues from Albany (we suppose they mean lake Champlain) passing by the French forts, is to the same purpose as if they should say, that one cannot go from London to Bristol, but by way of Edinburgh. "Before we go on to observe other particulars, we beg leave further to remark, that it is so far from being true, that the Indians in the French interest lie between New York and our five nations of In- dians ; that some of our nations of Indians lie be- tween the Fench and the Indians, from whence the French bring the far greatest quantity of their furs ; for the Sennecas (whom the French call Sonontouons) are situated between lake Erie and Cadaracqui lake, (called by the French Ontario) near the great fall of Niagara, by which all the Indians that live round lake Erie, round the lake of the Hurons, round the lake of the Illinois, or Michegan, and round the great upper lake, generally pass in their way to Canada. All the Indians situated upon the branches of the Mississippi, must likewise pass by the same place, if they go to Canada. And all of them like- wise, in their way to Canada, pass by our trading- place upon the Cadaracqui lake, at the mouth of the Onondaga river. The nearest and safest way of carrying goods upon the Cadaracqui lake, towards Canada, being along the south side of that lake, (near where our Indians are settled, and our trade of late' is fixed) and not by the north side and Ca- daracqui, or Frontenac fort, where the French are settled. " Now that we have represented to your excel- lency, that not one word of the geography of these merchants is true, upon which all their reasoning is founded; it might seem needless to trouble your excellency with any further remarks, were it not to show with what earnestness they are promoting the French interest, to the prejudice of all his majesty's colonies in North America, and that they are not ashamed of asserting any thing for that end, even in the royal presence. " First they say, ' that by the act passed in this ' province, entitled, An act. for the encouragement ' of the Indian trade, &c., all trade whatsoever is ' prohibited in the strictest manner, and under the ' severest penalties, between the inhabitants of New ' York government, and the French in Canada.' " This is not true ; for only carrying goods to the French, which are proper for the Indian trade, is prohibited. The trade, as to other things, is left in the same state it was before that act was made, as it will appear to any person that shall read it ; and there are, yearly, large quantities of other goods, openly carried to Canada, without any hind- rance from the government of New York. What- ever may be said of the severity and penalties in that act, they are found insufficient to deter some from carrying goods clandestinely to the French ; and the legislature of this province are convinced, that no penalties can be too severe to prevent a trade, which puts the safety of all his majesty's sub- jects of North America in the greatest danger. " Their next assertion is, ' All the Indian goods { have by this act been raised 25Z. to 30Z. per cent.' This is the only allegation in the whole petition that there is any ground for. Nevertheless, though the common channel of trade cannot be altered without some detriment to it in the beginning ; we are assured from the custom-house books, that there has been every year, since the passing of this act, more furs exported from New York, than in the year immediately before the passing of this act. It is not probable that the greatest difference be- tween the exportation of any year before this act, and any year since, could so much alter the price of beaver, as it is found to be this last year. Beaver is carried to Britain from other parts besides New York, and it is certain that the price of beaver is not so much altered here by the quantity in our market, as by the demand for it in Britain. But as we cannot be so well informed here, what occasions beaver to be in greater demand in Britain, we must leave that to be enquired after in England. How- ever, we are fully satisfied that it will be found to be for very different reasons from what the merchants " The merchants go on and say, ' Whereas, on ' the other hand, this branch of the New York trade, 554 THE HISTORY OF AMERICA. ' by the discouragements brought upon it by this ' act, is almost wholly engrossed by the French, who ' have already by this act been encouraged to send * proper European goods to Canada, to carry on * this trade, so that should this act be continued, the ' New York trade, which is very considerable, must 4 be wholly lost to us, and centre in the French. ' Though New York should not furnish them, the * French would find another way to be supplied * therewith, either from some other of his majesty's * plantations, or it might be directly from Europe. ' Many of the goods, which the Indians want, being * as easy to be had directly from France or Holland, ' as from Great Britain.' " This is easily answered, by informing your ex- cellency, that the principal of the goods proper for the Indian market, are only of the manufactures of Great Britain, or of the British plantations, viz., strouds, or stroud-waters, and other woollens, and rum. The French must be obliged to buy all their woollens (the strouds especially) in England, and thence carry them to France, in order to their trans- portation to Canada. " The voyage to Quebec, through the bay of St. Lawrence, is well known to be the most dangerous of any in the world, and only practicable in the summer months. The French have no commodities in Canada, by reason of the cold and barrenness of the soil, proper for the West India markets; and therefore have no rum but by vessels from France, that touch at their islands in the West Indies. New York has, by reason of its situation, both as to the sea and the Indians, every way the advantage of Canada. The New York vessels make always two voyages in a year from England, one in summer, and another in winter, and several voyages in a year to the West Indies. It is manifest, therefore, that it is not in the power of the French to import any goods near so cheap to Canada, as they are imported to New York. " But to put this out of all controversy, we need only observe to your excellency, that strouds (with- out which no considerable trade can be carried on with the Indians) are sold at Albany for 101. a piece ; they were sold at Montreal, before this act took place, at 13/. 2*. 6d., and now they are sold there for 25. and upwards; which is an evident proof, that the French have not in these four years time (during the continuance of this act), found out any other way to supply themselves with strouds ; and likewise that they cannot trade without them, seeing they buy them at so extravagant a price. " Jt likewise appears, that none of the neigh- bouring colonies have been able to supply the French with these goods, and those that know the geography of the country, know it is impracticable to do it at any tolerable rate, because they must carry their goods ten times further by land than we need to do. " We are likewise assured, that the merchants of Montreal lately told Mr. Vaudreuil, their governor, that if the trade from Albany be not by some means or other encouraged, they must abandon that set- tlement. We have reason therefore to suspect, that these merchants (at least some of them) have been practised upon ".->y *_he French agents in London ; for no doubh, tas French will leave no method un- tried to defeat the present designs of this govern- ment, seeing they are more afraid of the conse- ?uences ofthis trade between New York and the ndians, than of all the warlike expeditions that ever were attempted against Canada. " But to return to the petitioners. ' They con- ' ceive nothing can tend more to the withdrawing ' the affections of the five nations of Indians from ' the English interest, than the continuance of the ' said act, which in its effects restrains them from ' a free commerce with the inhabitants of New York, ' and may too probably estrange them from the ' English interest; whereas, by a freedom of com- ' merce, and an encouraged intercourse of trade ' with the French and their Indians, the English ' interest might, in time, be greatly improved and ' strengthened.' " It seems to us a strange argument to say, that an act, the whole purport of which is to encourage our own people to go among the Indians, and to draw the far Indians through our Indian country to Albany (and which has truly produced these effects) would, on the contrary, restrain them from a free commerce with the inhabitants of New York, and may too probably estrange thorn from the English interest; and therefore that it would be much wiser in us to make use of the French, to promote the English interest ; and for which end, we ought to encourage a free intercourse between them and our Indians. The reverse of this is exactly true, in the opinion of our five nations ; who, in all their public treaties with this government, have represented against this trade, as the building the French forts with English strouds; that the encouraging a free- dom of commerce with our Indians, and the Indians round them, who must pass through their country to Albany, would certainly increase both the Eng- lish interest and theirs, among all the nations to the westward of them; and that the carrying the Indian market to Montreal in Canada, draws all the far Indians thither. " The last thing we have to take notice, is what the merchants asserted before the lords of trade, viz. ' That there has not been half the quantity of Euro- ' pean goods exported since the passing of this act, ' that used to be.' We are well assured, that this is no better grounded than the above facts they as- sert with the same positiveness. For it is well known, almost to every person in New York, that there has not been a less, but rather a greater, quantity of European goods imported into this place, since the passing of this act, than was at any time before it, in the same space of time. As this ap- pears by the manifests in the custom house here, the same may likewise be easily proved by the cus- tom house books in London. " As all the arguments of the merchants run upon the ill effects this act has had upon the trade, and the minds of the Indians, every one of which we have shewn to be asserted without the least foun- dation to support them; there nothing now remains, but to shew the good effects this act has produced, which are so notorious in this province, that we know not one person that now opens his mouth against the act. " Before this act passed, none of the people of this province travelled into the Indian countries to trade. We have now above forty young men, who have been several times as far as the lakes trading, and thereby become well acquainted not only with the trade of the Indians, but likewise with their manners and languages ; and those have returned with such large quantities of furs, that great num- bers are resolved to follow their example ; so that we have good reason to hope, that in a little time the English will draw the whole Indian trade of the inland countries to Albany, and into the country of the five nations. This government has built a pub UNITED STATES. 555 lie trading house upon Cataracqui lake, at Ironde- quat, in the Sennecas land, and another is to be built, next spring, at the mouth of the Onondagas river. All the far Indians pass by these places, in their way to Canada ; and they are not above half so far from the English settlements as they are from the French. " So far it is from being true what the merchants say, * That the French forts interrupt all communi- * cation between the Indians and the English/ that if these places be well supported, as they easily can be from our settlements, in case of a rupture with the French it will be in the power of this province to intercept the greatest part of the trade between Canada and the Indians round the lakes and the branches of the Mississippi. Since this act passed, many nations have come to Albany to trade, in peace and friendship, whose names had not so much as been heard of among us. In the beginning of May, 1723. a nation of Indians came to Albany, singing and dancing, with their calumets before them, as they always do when they come to any place where they have not been before. We do not rind that the commissioners of Indian affairs, were able to inform themselves what nation this was. " Towards the end of the same month, eighty men, besides the women and children, came to Al- bany in the same manner. These had one of our five nations with them for an interpreter, by whom they informed the commissioners, that they were of a great nation, called Nehkereages, consisting of six castles and tribes; and that they lived near a place, called by the French, Missimakinah, between the upper lake and the lake of the Hurons. These Indians not only desired a free commerce, but like- wise to enter into a strict league of friendship with us and our six nations, that they might be accounted the seventh nation in the league; and being received accordingly, they left their calumet, as a pledge of their fidelity. In June another nation arrived, but from what part of the continent we have not learned. " In July the Twightwies arrived, and brought an Indian interpreter of our nations with them, who said, that they were called by the French, Miamies, and that they lived upon one of the branches of the river Mississippi. At the same time some of the Tahsagrondie Indians, who live between lake Erie and the lake Hurons, near a French settlement, did come and renew their league with the English, nor durst the French hinder them. In July this year, another nation came, whose situation and name we know not; and in August and September several parties of the same Indians that had been here last year : but the greatest numbers of these far Indians have been met this year in the Indian country by our traders, every one of them endeavouring to ge't before another, in order to reap the profits of so ad- vantageous a trade, which has all this summer long kept about forty traders constantly employed, in going between our trading places, in our Indian country, and Albany. " All these nations of Indians, who came to Al- bany, said, that the French had told them many strange stories of the English, and did what they could to hinder their coming to Albany, but that they had resolved to break through by force. The difference on this score between the Tahsagrondie Indians and the French (who have a fort, and set- tlement there, called by them Le Droit) rose to that height this summer, that Mr. Tonti, who com- manded there, thought it proper to retire, and re- turn to Canada with many of his men. " We are, for these reasons, well assured, that this year there will be more beaver exported for Great Britain than ever was from this province in one year; and that if the custom-house books at London be looked into, it will be found, that there will be a far greater quantity of goods for the Indi- ans f strouds especially) sent over next spring, than ever there was at any one time to this province. For the merchants here tell us, that they have at this time ordered more of these goods than ever was done at any one time before. " These matters of fact prove, beyond contradic- tion, that this act has been of the greatest service to New York, in making us acquainted with many nations of Indians, formerly entirely unknown, and strangers to us ; withdrawing them from their de- pendance upon the French, and uniting them to us and our Indians, by means of trade and mutual offices of friendship. " Of what great consequence this may be to the British interest in general, as to trade, is apparent to any body. It is no less apparent likewise, that it is of the greatest consequence to the safety of all the British colonies in North America. We feel, too sensibly, the ill effects of the French interest in the present war betwixt New England, and only one nation of Indians supported by the French. .Of what dismal consequences then might it be, if the French should be able to influence, in the same manner, so many and such numerous nations, as lie to the westward of this province, Pennsylvania and Maryland ? On the other hand, if all these nations (who assert their own freedom, and declare them- selves friends to those that supply them best with what they want) be brought to have a dspendaace upon the English (as we have good reason to hope in a short time they will) the French of Canada, in case of a war, must be at the mercy of the English. " To these advantages must be added, that many of our young men having been induced by this act to travel among the Indians, they learn their manners, their languages, and the situation of all their countries, and become inured to all manner of fa- tigues and hardships ; and a great many more being resolved to follow their example, these young men, in case of war with the Indians, will be of ten times the service, that the same number of the common militia can be of. The effects of this act have like- wise so much quieted the minds of the people, with respect to the security of the frontiers, that our set- tlements are now extended above thirty miles fur- ther west towards the Indian countries, than they were before it passed. " The only thing that now remains to answer, is an objection which we suppose may be made. What can induce the merchants of London to petition against an act, which will be really so much for their interest in the end ? The reason is, in all probability, because they only consider their present gain ; and that they are not at all concerned for the safety of this country, in encouraging the most ne- cessary undertaking, if they apprehended their profit for two or three years may be lessened by it. This inclination of the merchants has been so notorious, that few nations, at war with their neighbours, have been able to restrain them from supplying their ene- mies with ammunition and arms. The Count D'Es- trade, in his letters in 1638, says, that when the Dutch were besieging Antwerp, one Beiland, who had loaded four fly-boats with arms and powder for Antwerp, being taken up by the prince of Orange's order, and examined at Amsterdam, said boldly, 556 THE HISTORY OF AMERICA. that the burghers of Amsterdam had a right to trade every where : that he could name a hundred that ( were factors for the merchants at Antwerp, and that he was one. ' That trade cannot be interrupted, * and that for his part he was very free to own, that 4 if to get any thing by trade it was necessary to 4 pass through hell, he would venture to burn his 4 sails.' When this principle, so common to mer- chants, is considered, and that some in this place have got estates by trading many years to Canada, it is not to be wondered, that they have acted as factors for Canada in this affair, and that they have transmitted such accounts to their correspondents in London, as are consistent with the trust reposed in them by the merchants of Canada. 44 In the last place, we are humbly of opinion, that it may be proper to print the petition of the merchants of London, and their allegations before the lords of trade, together with the answers your committee has made hitherto, in vindication of the legislature of this province, of which we have the honour to be a part, if your excellency shall approve of our answers ; that what we have said may be ex- posed to the examination of every one in this place, where the truth of these matters of fact is best known, and that the correspondents of these merchants may have the most public notice to reply, if they shall think it proper, or to disown, in a public manner, that they are the authors of such groundless informa- tions. All which is unanimously and humbly sub- mitted by " Your excellency's " Most obedient humble servants, " R. Walter, Rip Van Dam, John Barbaric, Fr. Harrison, Cadwallader Golden, James Alexander, Abraham Van Home." Governor Burnet transmitted this report to the board of trade, and it had the intended effect. About the latter end of the year 1724, an unfortunate dis- pute commenced in the French church, of which, because it had no small influence on the public af- fairs of the government, we shall give a short account. The persecutions in France which ensued upon the revocation of the edict of Nantz, drove the pro- testant subjects of Louis XIV. into the territories of other princes. Many of them fled even into this province : the most opulent settled in the city of New York others went into the country and planted New Rochelle and a few seated themselves at the New Paltz in Ulster county. Those who resided in New York soon erected a church, upon the prin- ciples and model of that in Geneva ; and by their growth and foreign accessions formed a congrega- tion, for numbers and riches, superior to all but the Dutch. They had two ministers. Rou, who was a man of learning, but arrogant, luxurious, and pas sionate. Moulinaars, his colleague, was distin- guished for his mild spirit, dull parts, and regular life. Rou despised his fellow -labourer, and for a long time commanded the whole congregation, by the superiority of his talents in the pulpit. The other, impatient of repeated affronts and open con- tempt, raised a party in his favour, and this year succeeded in the election of a set of elders disposed to humble the delinquent. Rou, being suspicious of the design, refused to acknowledge them duly elected. Incensed at this conduct, they entered an act in their minutes, dismissing him from the pastoral charge ol the church, and procured a ratification of the act under the hands of the majority of the people. Go- vernor Burnet had, long before this time, admitted Rou into his familiarity on the score of his learning, aud that consideration encouraged a petition to lim from Rou's adherents, complaining against the elders. The matter was then referred to a commit- tee of the council, who advised that the congregation should be abolished, to bring their differences to an amicable conclusion. Some overtures, to that end, were attempted, and the elders offered to submit the ontroversy to the Dutch ministers. But Rou, who knew that the French church without a synod was unorganized, and could not restrain him, chose rather to bring his bill in chancery before the governor. Mr. Alexander was his counsel, and Mr. Smith, a young lawyer, of the first reputation as a speaker, appeared for the elders. He pleaded to the juris- diction of the court, insisting, that the matter was entirely ecclesiastical ; and, in the prosecution of bis argument, entered largely into an examination of the government of the protestant churches in France. According to which, he shewed that the consistory were the proper judges of the point in dispute, in the first instance ; and that from thence an appeal lay to a collogue, next to a provincial, and last of all to a national synod. Mr. Burnet nevertheless over-ruled the plea, and the defendants, being fearful of a decree that might expose their own estates to the payment of Rou's salary, thought it adviseable to drop their debates, reinstate the mi- nister, and leave the church. All those who opposed Rou were displeased with the governor ; among these Mr. De Lancey was the most considerable for his wealth and popularity. He was very rigid in his religious profession, one of the first builders, and by far the most generous benefactor, of the French church, and therefore left it with the utmost reluctance. Mr. Burnet, before this time, had considered him as his enemy, because he had opposed the prohibition of the French trade ; and this led him into a step, which, as it was a per- sonal indignity, Mr. De Lancey could never recol- lect without resentment. This gentleman was re- turned for the city of New York, in the room of a deceased member, at the meeting of the assembly in September, 1725. When he offered himself for" the oaths, Mr. Burnet asked him how he became a sub- ject of the crown? he answered, that he was de- nized in England, and his excellency dismissed him, taking time to consider the matter. Mr. De Lan- cey then laid before the house an act of a notary public, certifying that he was named in a patent of denization, granted in the reign of James the Se- cond ; a patent of the same kind, under the great seal of the province, in 1686; and two certificates, one of his having taken the oath of allegiance, ac- cording to an act passed in the colonies in 1683, and another of his serving in several former assemblies. The governor, in the meantime, consulted the chief justice, and transmitted his opinion to the house, who resolved in favour of Mr. De Lancey. Several other new representatives came in, at this session, upon the decease of the old members ; and Adolpli Philipse, who had been, as we have seen some time before, dismissed from the council-board, was elected into the speaker's chair, in the absence of Mr. Li- vingston. The majority, however, continued in the interest of the governor; and consented to the re- vival of the several acts, which had been passed for prohibiting the French trade ; which, in spite of all the restraints laid upon it, was clandestinely carried on by the people of Albany. Oswego, nevertheless, thrived: fifty-seven canoes went there this summer, and returned with 738 packs of beaver and deer- skins. Nothing could more naturally excite the jealousy UNITED STATES. 557 of the French, than the erection of a new trading- house at the mouth of the Onandaga river. Fear- ful of losing a profitable trade, -which they had al- most entirely engrossed, and the command of the lake Ontario, they launched two vessels in it in 1726, and transported materials for building a large store -house, and repairing the fort at Niagara. The scheme was not only to secure to themselves the en- trance into the west end of the lake, as they already had the east, by the fraudulent erection of fort Frontenac many years before ; but also to carry their trade more westerly, and thus render Oswego useless, by shortening the travels of the western In- dians near 200 miles. Baron de Longueil, who had the chief command in Canada, on the death of the Marquis de Vaudreuil in October, 1725, was so intent, upon this project, that he went, in person, to the Onbndaga canton, for leave to raise the store- house at Niagara : and as those Indians were most of all exposed to the intrigues of the Jesuits, who constantly resided amongst them ; he prevailed upon them by fraud, and false representations, to consent to it, for their protection against the English. But as soon as this matter was made known to the other nations, they declared the permission granted by the Onondagas to be absolutely void ; and sent de- puties to Niagara, with a message, signifying thai the country in which they were at work 'belonged solely to the Sennecas, and required them immedi- ately to desist. The French, notwithstanding, were regardless of the embassage, and pushed on theii enterprise with all possible dispatch, while Joncaire exerted all his address among the Indians, to pre- vent the demolition of the works. Canada was very much indebted to the intrigues of this man. He had been adopted by the Sennecas, and was vvel esteemed by the Ouondagas. He spoke the Indian language, as Charlcvoix informs us, with a native eloquence, and had lived amongst them, after theii manner, from the beginning of Queen Anne's reign All these advantages he improved for the interes of his country; he facilitated the missionaries in their progress through the cantons, and more than - any man contributed to render their dependence upon the English weak and precarious. Convince? of this, Colonel Schuyler urged the Indians, at hi treaty with them, in 1719, to drive Joncaire out o their country, but his endeavours were fruitless. The Jesuit, Charlevoix, does honour to Mr. Bur net, in declaring that he left no stone unturned, t( defeat the French designs at Niagara. Nor is i much to be wondered at. For besides supplanting his favourite trade at Oswego, it tended to the de fection of the tive nations ; and, in case of a rup ture, exposed the frontiers of cur southern colcmie to the ravages of the French and their allies. Mr Burnet, upon whom these considerations made th deepest impression, laid the matter before the house remonstrated against the proceedings to Longuei in Canada, wrote to the ministry in England, wh complained of them to the French court, and me the confederates at Albany, endeavouring to con vince them of the danger they themselves would b in, from an aspiring, ambitious, neighbour. H spoke first about the affair privately to the Sachems and afterwards, in the public conference, infonne< them of all the encroachments which the French had made upon their fathers, and the ill usage the had met with, according to La Potherie's account published with the privilege of the French king, a Paris, in 1722. He then reminded them of th kind treatment they had received from the English who constantly fed and clothed them, and never at- empted any act of hostility to their prejudice, ^his speech was extremely well drawn, the thoughts ieing conceived in strong figures, particularly ex- rcssive and agreeable to the Indians. The go- ernor required an explicit declaration of their senti- ments concerning the French transactions at Nia- ara, and their answer was truly categorical. " We peak now in the name of all the six nations, and ome to you howling. This is the reason why we lowl, that the governor of Canada encroaches on ur land, and builds thereon." After which they ntreated him to write to the krng for succour. VIr. Burnet embraced this favourable opportunity o procure from them a deed, surrendering their country to his majesty, to be protected for their use, and confirming their grant in 1701, concerning which there was only an entry in the books of the secretary for Indian affairs. Besides the territories at the west end of lake Erie, and on the north side of that, and the lake Ontario, which were ceded in L701 ; the Indians now granted, for the same pur- pose, all their habitations from Oswego to Cayahoga river, which disembogues into lake Erie, and the country extending sixty miles from the southern- most banks of those lakes. Though the first sur- render, through negligence, was not made by the execution of a formal deed under seal; yet as it was transacted with all the solemnity of a treaty, and as the second surrender confirms the first, no intermediate possession by the French could preju- dice the British title derived by the cession 1701. It happened very unfortunately, that his excel- lency's hands were then more weakened than ever, by the growing disaffection in the house. The in- trigues of his adversaries, and the frequent deaths of the members, had introduced such a change in the assembly, that it was with difficulty he procured a three years support. The clamours of the people ran so high without doors for a new election, that he was obliged to dissolve the house, and soon after another dissolution ensued on the death of the king. The French, in the meantime, completed their works at Niagara, and Mr. Burnet, who was unable to do any thing else, erected a fort, in 1727, for the pro- tection of the post and trade at Oswego. This ne- cessary undertaking was pregnant with the most important consequences, not only to this but to all the colonies; and though the governor's seasonable activity deserved the highest testimonials of grati- tude, he was obliged to build the fort at his private expense; and a balance of 56J. principal, though frequently demanded, remained long after due to his estate. Beauharnois, the governor of Canada, who super- seded Longuiel, was so incensed at the building of the fort, that he sent a written summons, in July, to the officer posted there, to abandon it; and though his predecessor had done the same a little before at Niagara, in the county of the Sennecas, the acknowledged subjects of the British crown, yet, with a singular effrontery, he dispatched De la Chas- saigne, a man of parts, and governor of Trois Ri- vieres, to New York, with the strongest complaints to Mr. Burnet upon that head. His excellency sent him a polite, but resolute answer, on the 8th of Au- gust, in which he refuted the arguments urged by the French governor-general; and remonstrated against the proceedings of the last year at Niagara. The new assembly met in September, 1727, and consisted of members all ill affected to the governor. The long continuance of the last, the clamours which 558 THE HISTORY OF AMERICA. were excited by several late important decrees in chancery, the affair of the French church, and es- pecially'the prohibiting the Canada trade, were the causes to which the loss of his interest is to be as- cribed. Mr. Philipse, the speaker, was piqued at a decree in chancery against himself, which very much affected his estate ; and the members, who were very much influenced by him, came, on the 25th of November, into the following resolutions. Colonel Hicks, from the committee of grievances, reported, " That as well by the complaints of se- veial people, as by the general cry of his majesty's subjects inhabiting this colony, they find that the court of chancery, as lately assumed to be set up here, renders the liberties and properties of the said subjects extremely precarious ; and that by the vio- lent measures taken in and allowed by it, some have been ruined others obliged to abandon the colony and many restrained in it, either by imprison- ment or by 'excessive bail exacted from them not to depart, even when no manner of suits are depend- ing against them : and therefore are of opinion, that the extraordinary proceedings of that court, and the exorbitant fees and charges, countenanced to be exacted by the officers and practitioners thereof, are the greatest grievance and oppression this colony hath ever felt : and that for removing the fatal con- sequences thereof, they had come to several resolu- tions, which being read, were approved by the house, and are as follow : " Resolved, that the erecting or exercising in this colony, a court of equity or chancery (however it may be termed) without consent in general assem- bly, is unwarrantable, and contrary to the laws of England, and a manifest oppression and grievance to the subjects, and of pernicious consequence to their liberties and properties. " Resolved, that this house will at their next meeting prepare, and pass, an act to declare and adjudge all orders, ordinances, devices, and pro- ceedings of the court, so assumed to be erected and exercised as abovementioned, to be illegal, null, and void, as by law and right they ought to be. " Resolved, that this house, at the same time, will take into consideration, whether it be necessary to establish a court of equity or chancery in this colony ; in whom the jurisdiction thereof ought to be vested, and how far the powers of it shall be prescribed and limited." Mr. Burnet no sooner heard of these votes, than he called the members before him and dissolved the assembly. They occasioned, however, an ordinance in the spring following, as well to remedy sundry abuses in the practice in chancery, as to reduce the f^es of that court, which, on account of the popular clamours, were so much diminished, that ever after it was abandoned by all gentlemen of eminence in the profession. We are now come to the close of Mr. Burnet's administration, when he was appointed to the chief command of Massachusetts. Though there had never been a governor to whom the colony was so much in- debted as to him ; yet the influence of a faction, in the judgment of some, rendered his removal necessary for the public tranquillity. Insensible of his merit, many considered it as a most fortunate event; and till the ambitious designs of the French king, with respect to America, awakened attention to the ge- neral welfare, Mr. Burnet's administration was as little esteemed as that of the meanest of his prede- cessors. He was very fond of New York, and left it with reluctance. His marriage connected him with a numerous family, and, besides an universal acquaint- ance, there were some gentlemen with whom he contracted a strict intimacy and friendship. The excessive love of money, a disease common to all his predecessors, and to some who succeeded him, was a vice from which he was entirely free. He sold no offices, nor attempted to raise a fortune by indirect means, for he lived generously, and carried scarce any thing away with him but his books. These and the conversation of men of let- ters, were to him inexhaustible sources of delight. His astronomical observation^ have been usei'ul ; but by his comment on the Apocalypse, he exposed himself to some harsh criticisms. John Montgomerie, Esq., received the great seal of this province from Mr. Burnet, on the 15th of April, 1728, having a commission to supersede him here and in New Jersey. The council board con- sisted of Mr. Walters, Mr. Van Dam, Mr. Barbarie, Mr. Clarke, Mr. Harrison, Dr. Colden, Mr. Alex- ander, Mr. Morris, jun., Mr. Van Home, Mr. Pro- vost, Mr. Livingston, Mr. Kennedy. The governor was a Scotch gentleman, and bred a soldier; but in the latter part of his life he had little concern with arms, having served as groom of the bed-chamber to George II. when prince of Wales. This station, and a seat in parliament, paved the way to his preferment in America. In his talents for government he was much inferior to his prede- cessor, for he had neither strength nor acuteness of parts, and was but little acquainted with any kind of literature. All parties being weary of contention a calm en- sued, and the governor's good humour helped to ex- tinguish the discontent : having no particular scheme to pursue, and confining himself to the exercise of the common acts of government, the public affairs flowed on in a very calm manner. The two causes of dissension with the late admi- ministration were carefully avoided by the preseut governor, for he dissolved the assembly called by his predecessor, before they had ever been convened ; and as to the chancery he himself countenanced the opposition to it, by declining to sit, till enjoined to exercise the office of chancellor by special orders from England. He then obeyed the command, but not without dis- covering his reluctance ; and modestly confessing to the practisers, that he thought himself unquali- fied for the station. Indeed the court of chancery was evidently his aversion, and he never gave a single decree in it, nor more than three orders ; and these, both as to matter and form, were first settled by the counsel concerned. Mr. Philipse was chosen speaker of the assembly which met on the 23d of July, and continued sitting in perfect harmony till autumn. After his excel- lency had procured a five years support, and several other laws of less considerable moment, he went up to Albany, and on the 1st of October, held a treaty with the the six nations for a renewal of the ancient covenant. He gave them great presents, and en- gaged them in the defence of Oswego. Nothing could be more seasonable than this interview ; for the French, who viewed that important garrison and the increasing trade there with the most restless jealousy, prepared, early in the spring following, to demolish the works. Governor Burnet gave the. first intelligence of this design, in a letter to Colonel Montgomerie, dated at Boston the 31st of March, 1729. The garrison was thereupon immediately re- UNITED STATES. 559 inforcecl by a detachment from the independent companies ; which together with the declared reso- lution of the Indians to protect the fort, induced the French to desist from the intended invasion. Thus far the Indian affairs appeared to be under a tolerable direction ; but these fair prospects were soon obscured by the king's repealing, on the llth of December, 1729, all the acts which Mr. Burnet, with so much labour and opposition, procured for the prohibition of an execrable trade between Albany and Montreal. To whose intrigues this event is to be ascribed, cannot be certainly determined. But that it was pregnant with the worst consequences, was soon sufficiently evinced. Nothing could more naturally tend to undermine the trade at Oswego, to advance the French commerce at Niagara, to alienate the Indians from their fidelity to Great Britain, and particularly to rivet the defection of the Caghnuagas. For these residing on the south side of St. Lawrence, nearly opposite to Montreal, were employed by the French as their carriers, and thus became interested against the colonists by mo- tives of the most prevailing nature. One would imagine that, after ail the attention bestowed on this affair in the late administration, the objections against this trading intercourse with Canada must have been obvious to the meanest capacity ; and yet from the time Mr. Burnet removed to Boston, it was rather encouraged than restrained. The year 1731 was distinguished only by the complete settlement of the disputed boundary be- tween this province and the colony of Connecticut. An event, considering the colonizing spirit and ex- tensive claims of the people of New England, of no small importance, and concerning which it is pro- per to give a succinct account. The partition line agreed upon, in 1664, being considered as fraudulent, or erroneous, a second agreement, suspended only for the king's and the duke's approbation, was concluded on the 23d of November, 1683, between Colonel Dongan and his counsel, and Robert Trent, Esq. then governor of Connecticut, and several other commissioners ap- pointed by that colony. The line of partition, then agreed to be established, was to begin at the mouth of Byram brook, "Where it falleth into the sound, at a point called Lyon's Point, to go as the said river runneth, to the place where the common road, or wading-place, over the said river is ; and from the said road or wading-place, to go north-north- west into the country, as far as will be eight Eng- lish miles from the aforesaid Lyon's Point; and that a line of twelve miles being measured from the said Lyon's Point, according to the line or general course of the sound eastward : where the said twelve miles endeth, another line shall be run from the sound, eight miles into the country north-north- west, and also, that a fourth line be run (that is to say) from the northernmost end of the eight miles line, being the third-mentioned line, which fourth line with the first-mentioned line, shall be the bounds where they shall fall to run; and that from the easternmost end of the fourth-mentioned line (which is to be twelve miles in length) a line parallel to Hudson's river, in every place twenty miles distant from Hudson's river, shall be the bounds there, be- tween the said territories or province of New York, and the said colony of Connecticut, so far as Con- necticut colony doth extend northwards ; that is, to the south line of the Massachusetts colony: only it is provided, that in case the line from Byram brook's mouth, north-north-west 8 miles, and the line that is then to run twelve miles to the end of the third fore- mentioned line of eight miles, do diminish or take away land, within twenty miles of Hudson's river, that then so much as is in land diminished of twenty miles of Hudson's river thereby, shall be added out of Connecticut bounds unto the line afore-mentioned, parallel to Hudson's river and twenty miles distant from it ; the addition to be made the whole length of the said parallel line, and in such breadth, as will make up, quantity for quantity, what shall be diminished as aforesaid/' Pursuant to this agreement some of the lines were actually run out, and a report made of the survey, which, on the 24th of February, 1684, was con- firmed by the governor of each colony at Milford in Connecticut. Here the matter rested, till a dispute arose concerning the right of jurisdiction over the towns of Rye and Bedford, which occasioned a so- licitation at home ; and on the 28th of March, 1700, King William was pleased to confirm the agree- ment of 1683. Nineteen years afterwards, a probationary act was passed, empowering the governor to appoint commissioners, as well to run the line parallel to Hudson's river, as to re-survey the other lines and distinguish the boundary. The Connecticut agent ipposed the king's confirmation of this act, but it was approved on the 23d of January, 1723. Two years after, the commissioners and surveyors of both colonies met at Greenwich, and entered first into an agreement, relating to the method of performing the work. The survey was immediately after executed in part, the report being dated on the 12th of May, 1725 ; but the complete settlement was not made till the 14th of May, 1731, when indentures, certi- fying the execution of the agreement in 1725, were mutually signed by the commissioners and surveyors of both colonies. Upon the establishment of this partition, a tract of land lying on the Connecticut side, consisting of above 60,000 acres, from its figure called the Oblong, was ceded to New York, as an equivalent for lands near the Sound sur- rendered to Connecticut. The very day after the surrender made by that colony, a patent passed in London to Sir Joseph Eyles and others, intended to convey the whole Oblong. A grant posterior to the other was also regularly made here to Hauley and company, of the greatest part of the same tract, which the British patentees brought a bill in chancery to repeal. But the defendants filed an answer, containing so many objections against the English patent, that the suit remained unprosecuted, and the American pro- prietors have ever since held the possession. Mr. Harrison, of the council, solicited this controversy for Sir Joseph Eyles and his partners, which con- tributed in a great degree to the troubles so re- markable in a succeeding administration. Governor Montgomerie died on the 1st of July, 1731, and being a man of a kind and humane dis- position, his death was not a little lamented. The chief command then devolved upon Rip Van Dam, Esq., he being the oldest counsellor, and an emi- nent merchant of a fair estate, though distinguished morfe for the integrity of his heart, than his capacity to hold the reins of government. He took the oaths before Mr. Alexander, Mr. Van Home, Mr. Ken- nedy, Mr. De Lancey, and Mr. Courtlandt. This administration is unfortunately signalised by the memorable encroachment at Crown Point. The French, in Canada, were always jealous of the in- 560 THE HISTORY OF AMERICA. creasing strength of tho English colonies ; and this jealousy led them to concert a regular system of conduct for their defence. To confine the English to scant limits along the sea-coast was the grand ob- ject they had long in view ; and seizing the important passes from Canada to Louisiana, seducing the In- dian allies, engrossing the trade, and fortifying the routes into their country, were all proper expedients towards the execution of their plan. By erecting this new fort, they secured the absolute command of lake Champlain, through which the colonists must pass, if ever a descent were to be made upon Canada, either to conquer the country, or harass its out- settlements. The garrison was, at first, situated on the east side of the lake, near the south end ; but was afterwards built upon a commodious point on the opposite side. Of all their infractions of the treaty of Utrecht, none was more palpable than this. The country belonged to the six nations, and the very spot upon which this fort was erected was in- cluded within a patent, to Dellius the Dutch mi- nister of Albany, granted under the great seal of this province in 1696. Through this lake the French parties made their incursions upon Sche- nectady, the Mohawks' castles, and Deerfield; and the erection of this fort was apparently adapted to facilitate the inroads of the enemy upon the frontiers of the colonies of New York, Massachusetts, and New Hampshire. For it served not only as an asy- lum to fly to, after the perpetration of their inhu- manities, but for a magazine of provisions and am- munition; and though it was not much above 120 miles from the very city of Albany, yet by the con- veyance through Sorel river and the lake, it could be reinforced from Montreal in three or four days. The Massachusetts government foresaw the dan- gprous consequences of the French fort at Crown Point, and Governor Belcher gave the first in- formation of it, in a letter from Boston to Mr. Van Dam. He informed him of the vote of the general court, to bear their proportion of the charge of an embassage to Canada, to forbid the works, and pressed him to engage the opposition of the six na- tions. Van Dam laid the letter before his council, on the 4th of February, 1732 ; who, with singular calmness, advised him to write to the commissioners of Indian affairs, at Albany, ordering them to en- quire whether the land belonged to the confederates or the river Indians. Whether the governor ever wrote to the commissioners, we have not been able to discover; nor whether any complaint of the en- croachment was sent home, according to the second advice of council on the llth of February; who, besides the first step, were now pleased to recom- mend his transmitting Governor Belcher's letter and the Boston vote to the several south-western colonies. A very good scheme, in some measure, to repair this supineness, was afterwards projected, by set- tling the lands near lake George with protestant Highlanders from Scotland. Captain Laughlin Campbel, encouraged by a proclamation to that pur- pose, came over in 1737, and ample promises were made to him. He went upon the land, viewed, and approved it ; and was entreated to settle there, even by the Indians, who were taken with his Highland dress. Mr. Clarke, the lieut.-governor, promised him, in a printed advertisement, the grant of 30,000 acres of land, free from all but the charges of the survey and the king's quit-rent. Confiding on the faith of the government, Captain Campbel went testant families, consisting of 423 adults, besides a great number of children. Private faith and pub- lic honour loudly demanded tho fair execution of a project, so expensive to the undertaker and bene- ficial to the colony. But it unfortunately dropped, through the sordid views of some persons in power, who aimed at a share in the intended grant ; to which Campbel, who was a man of spirit, would not consent. Captain Campbel afterwards made an attempt to redress himself, by an application to the colonial assembly, and then to the board of trade in Eng- land. The first proved abortive, and such were the difficulties attending the last, that he left his colo- nists to themselves ; and, with the poor remains of his broken fortune, purchased a small farm in this province. No man could have been better qualified for such an undertaking. He had a high sense of honour, excellent judgment, and was of a military disposition. Upon the news of the rebellion in Scot- land, he went home; fought under the duke, re- turned to his family, and soon after died ; leaving a widow and several children, who long felt the con- sequences of his disappointments. Mr. Van Dain finished his administration on the 1st of August, 1732; when William Colsby, Esq. arrived, with a commission to govern this and the province of New Jersey. Having been the advocate, in parliament, of the American colonies, he was at first popular, but soon lost the affection and confidence of the people. By his instigation, one Zenger, the printer of a news- paper, was prosecuted for publishing an article, de- clared to be derogatory to the dignity of his majes- ty's government. He was zealously defended by able counsel, and an independent jury gave a ver- dict of acquittal. The people applauded their con* duct, and the magistrates of the city of New York presented to Andrew Hamilton, one of his defend- ers, the freedom of the city, in a gold box, and their thanks for " his learned and generous defence of the rights of mankind, and the liberty of the press." Governor Colsby died in 1736, and was succeeded by George Clark, at that time senior counsellor, but soon after appointed lieut-governor. Again was revived the contest which had ended, twenty years before, in the victory gained by Governor Hunter over the house of representatives. The co- lony being in debt, the house voted to raise the sum of 6,000^. ; but, in order to prevent its misapplica- tion, declared, that it should be applied to the pay- ment of certain specified debts. Offended by this vote, Clark resorted to the expedient which had usually been adopted to punish or intimidate; he immediately dissolved the assembly. At the next election great exertions were made by the opposing parties. The popular party was triumphant. At their second session the house voted an address to the lieut.-governor, which is worthy of particular notice. In bold and explicit language they state some of the vital principles of free government, refer to recent misapplications of money, and proceed : " We therefore beg leave to be plain with your honour, and hope you will not take it amiss when we tell you, that you are not to expect that we will either raise sums unfit to be raised, or put what we shall raise into the power of a governor to misapply, if we can prevent it ; nor shall we makeup any other deficiencies than what we conceive fit and just to home to Isla, sold his estate, and, shortly after, be paid ; nor continue what support or revenue we transported, at his own expense, eighty-three pro- 1 shall raise, for any longer time than one year; nor UNITED STATES. 561 do we think it convenient to do even that, until such laws are passed as we conceive necessary for the safety of the inhabitants of this colony, who have reposed a trust in us for that only purpose, and which we are sure you will think it reasonable we should act agreeably to ; and by the grace of God we shall endeavour not to deceive them." With a body of men, so resolute in asserting their rights, the lieut.-governor wisely forbore to contend. He thanked them for their address, and promised his cordial co-operation in all measures calculated to promote the prosperity of the colony. He gave his assent to a law, providing for the more frequent election of representatives; which law, however, two years afterwards, was abrogated by the king. But between a house of representatives and a chief magistrate, deriving their authority from dif- ferent sources, harmony could not long subsist. Mr. Clark, in his speech at the opening of the next ses- sion, declared that unless the revenue was granted for as long a time as it had been granted by former assemblies, his duty to his majesty forbade him from assenting to any act for continuing the excise, or for paying the colonial bills of credit. The house una- nimously resolved, that it would not pass any bill for the grant of money, unless assurance should be given that the excise should be continued, and the bills of credit redeemed. The lieut-governor immediately ordered the mem- bers to attend him. He told them that " their pro- ceedings were presumptuous, daring, and unprece- dented ; that he could not look upon them without astonishment, nor with honour suffer the house to sit any longer;" and he accordingly dissolved it. Little more than a year had elapsed, since the members were chosen ; but in that time they had, by their firm and spirited conduct in support of the rights of the people, merited the gratitude of their constituents. About this time, a supposed " negro plot" occa- sioned great commotion and alarm in the city of New York. The frequent occurrence of fires, most of which were evidently caused by design, first ex- cited the jealousy and suspicion of the citizens. Terrified by danger which lurked unseen in the midst of them, they listened with eager credulity to the declaration of some abandoned females, that the negroes had combined to burn the city, and make one of their number governor. Many were ar- rested and committed to prison. Other witnesses, not more respectable than the first, came forward ; other negroes were accused, and even several white men were designated as concerned in the plot. When the time of trial arrived, so strong was the prejudice against the miserable negroes, that every lawyer in the city volunteered against them. Igno- rant and unassisted, nearly all who were tried were condemned. Fourteen were sentenced to be burned, eighteen to be hung, seventy-one to be transported, and all these sentences were executed. Of the whites two were convicted and suffered death. All apprehension of danger having subsided, many began to doubt whether any plot had in fact been concerted. None of the witnesses were persons of credit; their stories were extravagant and often con- tradictory ; and the project was such as none but fools or madmen would form. The two white men were respectable ; one had received a liberal educa- tion, but he was a catholic, and the prejudice against catholics was too violent to permit the free exercise of reason. Some of the accused were doubtless guilty of setting fire to the city ; but the proof of the alleged plot was not sufficiently clear to justify the numerous and cruel punishments that were in- flicted. In April, 1740, the assembly again met. It had now risen to importance in the colony. The ad- herence of the representatives to their determination not to grant the revenue for more than one year, made annual meetings of the assembly necessary. This attachment to liberty was mistaken for the desire of independence. Lieut.-governor Clark, in a speech delivered in 1741, alludes to " a jealousy which for some years had obtained in England, that the plantations were not without thoughts of throw- ing off their dependence on the crown." In 1743, George Clinton was sent over as go- vernor of the colony. Like most of his predecessors he was welcomed with joy; and one of his earliest measures confirmed the favourable accounts which had preceded him, of his talents and liberality. To show his willingness to repose confidence in the peo- ple, he assented to a bill limiting the duration of the present and all succeeding assemblies. The house manifested its gratitude by adopting the measures he recommended for the defence of the province against the French, who were then at war with England. In 1745, the savages in alliance with France made frequent invasions of the English territories. The inhabitants were compelled to desert Hosick; Saratoga was destroyed; the western settlements of New England were often attacked and plundered. Encouraged by success, the enemy became more daring, and small parties ventured within the su- burbs of Albany, and there laid in wait for prisoners. It is even said that one Indian, called Tomonwile- mon, often entered the city and succeeded in taking captives. Distressed by these incursions, the assembly, in, 1746, determined to unite with the other colonies and the mother country in an expedition against Canada. They appropriated money to purchase provisions for the army, and offered liberal bounties to recruits. But the fleet from England did not arrive at the appointed time ; the other colonies were dilatory in their preparations, and before they were completed, the season for military operations had passed away. A sufficient account of which has been already given in the histories of the other colonies. Early in the next year a treaty was concluded, and the inhabitants were for a short period relieved from, the burdens and distresses of war. And no- thing of very great importance took place from this period, to the commencement of the revolu- tionary war, of which a general history will be given. HIST. OF AMER. Nos. 71 & 72. 31 NEW JERSEY. First settlers Acquirement by the English Lord Berkeley and Sir George Carteret, proprietors Pur- chase of Elizabeth Toun, and settlement of Newark, Middletoum, and Shrewsbury Philip Carteret, go- vernor Purchases from the Indians Capt. Berry, deputy governor Currency Sir Georye Carieret's additional instructions. As the first settlement of this part of the United tates, and the contests with tho foreign settlers have Ireauy been sufficiently enlarged upon in the history f the state of New York, we shall at first merely ecapitulatc such events as are necessary to give a connected view of its early colonization. The first settlement of New Jersey was made by the Danes, about the year 1624, at a place at the mouth of the Hudson, about three miles west of New York, called Bergen, from a city of that name in Norway. Soon afterwards several Dutch families seated themselves in the vicinity of New York. In 1625, a company was formed in Sweden, under the patronage of King Gustavus Adolphus, for the pur- pose of planting a colony in America. The next year, a number of Swedes and Finns emigrated, and purchased of the natives the land on both sides of the river Delaware, but made their first settlement on its western bank near Christina creek. About the year 1640, the English began a planta- tion at Elsmgburgh, on its eastern bank. The Swedes, in concert with the Dutch, who then pos- sessed New York, drove them out of the country. The former built a fort on the spot whence the Eng- lish had been driven ; and gaining thus the com- mand of the river, claimed and exercised authority over all vessels that entered it, even those of the Dutch, their late associates. They continued ia possession of the country, on both sides of the Delaware, until 1655, when Peter Stuyvesant, governor of the New Netherlands, hav- ing obtained assistance from Holland, conquered all their posts, and transported most of the Swedes to Europe. The Dutch were now in possession of the territory comprising, at this time, the states of New Jersey, New York, and Delaware. This extensive territory, however, soon changed masters. King Charles II, having granted it to the Duke of York, sent an armament in 1664 to wrest it from the Dutch, which, after reducing New York, proceeded to the settlements on the Delaware, which immediately submitted. In the same year the duke conveyed that portion of his grant, lying between Hudson and Delaware rivers, to Lord Berkeley and Sir George Carteret; as already nar- rated in the history of New York. This tract was called New Jersey, in compliment to Sir George, who had been governor of the island of Jersey, and had held it for King Charles in his contest with the parliament. The two proprietors formed a consti- tution for the colony, securing equal privileges and liberty of conscience to all, and it consequently be- came popular and rapidly increased. In 1664, John Bailey, Daniel Denton, and Luke Watson, of Jamaica, on Long Island, purchased of certain Indian chiefs, inhabitants of Staten Island, a tract of land, on part of which the town of Eliza- beth now stands, and for which (on their petition) Richard Nicolls, governor under the duke, granted a patent to John Baker, of New York, John Ogden, of Northampton, John Bailey, and Luke Watson, and their associates, dated at fort James in New- York, the 2d of December. This was before Lord Berkeley's and Sir George Carteret' s title was known ; and by this means, this part of the province had some few very early settlements, and whether even Middletovvu and Shrewsbury had not Dutch and English inhabitants before, cannot now be as- certained. About this time there was a great influx of industrious and reputable farmers, the English inhabitants from the west end of Long Island almost generally removing to settle here, most of whom fixed about Middletown, from whence by de- grees they extended their settlements to Freehold and its neighbourhood. To Shrewsbury there came many families from New England ; and there were soon four towns in the province, viz., Elizabeth, Newark, Middletown, and Shrewsbury ; and these with the adjacent country were in a few years plenti- fully inhabited, by the accession of many Scotch, by settlers from England, and those of the Dutch who had remained, and also by some emigrants from the neighbouring colonies. Lord Berkeley and Sir George Carteret ap- pointed Philip Carteret governor of New Jersey, and gave him power, with the advice of the major part of the council, to grant lands to all such as by the concessions were entitled thereto ; and though there is no provision in the concessions for bargain- ing with the Indians, Governor Carteret on his ar- rival thought it prudent to purchase their rights, which was to be done for sums very inconsiderable, in comparison with the damage a neglect might have occasioned. Though the Indians about the English settlements were not at this time consider- able as to numbers, they were strong in their alli- ances, and besides of themselves could easily annoy the out-plantations ; and there having been before several considerable skirmishes between the Dutch and them, in which some blood had been spilt, they were not considered to be friendly ; the governor therefore ordered that the settlers were either tfl purchase of the Indians themselves, or if the lands were before purchased, they were to pay their pro* portions. The event justified his caution; for a* the Indians parted with the lands to their own satis- faction, they became, instead of jealous enemies, serviceable neighbours, and though frequent report* UNITED STATES. 563 of their coming to kill the white people sometimes disturbed their repose, no instance occurs of their hurting the English. Governor Carteret did not arrive until the latter end of the summer of 1665, during which time the province was under Nicolls's jurisdiction. On the arrival of the former, he summoned a council, granted lands, and administered the government according to the plan of the two chief proprie- tors ; and took up his residence at Elizabeth Town, to which it is said he gave the name after Eli- zabeth, wife of Sir George Carteret. With him came about thirty people, some of them servants, who brought goods proper for the planting a new country; and the governor soon afterwards sent persons into New England and other places, to publish the proprietors' terms, or concessions as they were called, and to invite people to settle there, upon which many soon came from thence ; some settled at Elizabeth Town, others at Wood- bridge, Piscatawa, and Newark. The ship that brought the governor, having remained about six months, returned to England, and the year after made another voyage, Sundry other vessels were from time to time sent by the proprietors with peo- ple and goods, to encourage the planting and peo- pling their lands. Thus the province of East New Jersey increased in settlement, and continued to grow till the invasion in 1673, when the Dutch having got possession of the country, some stop was put to the English government ; but the treaty afterwards between Charles II. and the states-ge^ neral at London, 1673-4, settled all general diffi culties of that kind by the sixth article, which states " That whatever country, island, town, haven, castle or fortress, hath been, or shall be taken by eithe party from the other since the beginning of the lat< unhappy war, whether in Europe or elsewhere, am before the expiration of the times above limited fo hostility, shall be restored to the former owner in the same condition it shall be in at the time o publishing this peace." Though the inhabitants were at variance amon themselves, there was a constant resort of settler between the years 1665 and 1673, which increase even faster afterwards. The Elizabeth Town pur chasers and others, setting up a right differing i: some respects from that of the proprietors, an other incidents of an inconsiderable natuie occur ing, nourished by a more vindictive spirit on a sides than was necessary or prudent, occasione much disturbance. Carteret ailed for England i the summer of 1672, and left Capt. John Berry as hi deputy. He returned in 1674, and found the in habitants more disposed to union among themselves and bringing with him the king's proclamation, an a fresh commission and instructions from Sir Georg Carteret, he summoned the people, and had the all published, which had a good effect towards re storing his authority, and the public peace. H remained governor till his death in 1682. In h time the general assemblies and supreme courts si at Elizabeth Town, and the councils generally there the secretary's office, and most other publ offices were held j and there also most of the office of the government resided. Eight white wampum, or four black, passed at th time as a stiver; twenty stivers made what they call a guilder, which was about sixpence currency. Th white wampum was worked out of the inside of th great conques into the form of a bead, and perforate to string on leather. The black or purple was work* ut of the inside of the mussell or clam-shell ; they ere sometimes wove as broad as the hand, and about 70 feet long ; these the Indians call belts, and corn- only gave and received at treaties, as seals of cir friendship. For lesser matters a single string given. Every bead is of a known value, and a elt of a less number is made to equal one of a reater, by so many as is wanting fastened to the elt by a string. Wampum was the chief currency of the country : reat quantities had been formerly brought in, but le Indians had carried so much away, it was now rown scarce ; and this was thought to be owing to ;s low value. To increase it, the governor and ouncil at York issued a proclamation in 1673, that nstead of eight white and four black, six white and iree black wampums should pass in equal value as stiver or penny; and three times so much the alue in silver. This proclamation was published t Albany, Eusopus, Delaware, Long Island, and arts adjacent. Mention has already been made that Sir George Carteret, by his instructions to Governor Carteret, onfirmed the original concessions, with additions .nd explanations. These bore date the 13th of Fuly, 1674: and, among other things, they directed hat the governor and council should allow eighty acres per head, to settlers above ten miles from the ,ea, the Delaware, or other river navigable with >oats ; and to those that settled nearer, sixty acres : hat the land should be purchased from the Indians, as occasion required, by the governor and council, n the name of the proprietors, who were to be re- mid by the settlers with charges : that all strays of leasts at land, and wrecks at sea, should belong to the proprietor; and that all persons discovering any such thing, should have satisfaction for their pains and care, as the governor and council might think fit Major Andross appointed governor at New York Takes possession at Delaware Arrival of the first English settlers to West Jersey, under the Duke of York's title Lord Berkeley assigns his moiety of New Jersey to Byllinge, and he in trust to others Their letter and first commission New Jersey di- vided into the provinces, East and West Jersey ; and the declaration of the West Jersey proprietors. About the month of October, 1674, Major Ed- mund Andross arrived as governor, under the Duke of York ; he soon after authorized Captain Cantwell and William Tomm to take possession of the fort and stores at New Castle, for the king's use, pursu- ant to the late treaty of peace, and to take such other measures for their settlement and repose at New Castle, the Hoarkills, and other parts of Dela- ware, as they thought best ; requiring them to be- have towards the neighbouring colonies in an ami- cable manner. The half part of the province of New Jersey, belonging to Lord Berkeley, was about this time (1675) sold to John Fenwick, in trust for Edward Byllinge and his assigns. Fenwick in 1675 ar- rived from London after a good passage, and landed at a pleasant spot situate near Delaware, by him called Salem, probably from the peaceable aspect it then bore. Ha brought with him two daughters and many servants, two of which, Samuel Hedge and John Adams, afterwards married his daughters; the other passengers were, Edward Champness, Edward Wade, Samuel Wade. John Smith and his wife, Samuel Nichols, Richard Guy, Richard Noble, 312 664 THE HISTORY OF AMERICA. Richard Hancock, John Pledger, Hipolite Lufever, and John Matlock : these, and others with them, were masters of families, and most of them quakers. This was the first English ship that came with emi- grants to West Jersey, and none followed for nearly two years, owing probably to a difference between Fenwick and Byllinge. But this difference being settled to the satisfaction of both parties, by the good offices of William Penn, Byllinge agreed to present his interest in the pro- vince of New Jersey to his creditors, as all that he had left towards their satisfaction, and desired Penn to join Gawen Lawrie and Nicholas Lucas (two of his creditors) in becoming his trustees. Penn, at first unwilling, was by the importunity of some of the creditors prevailed on ; and with the others accepting the charge, they became trustees for one moiety or half part of the province, which though then undivided, they soon sold a consider- able number of shares of their propriety to different purchasers, who thereupon became proprietors (ac- cording to their different shares) in common with them ; and it being necessary that some scheme should be laid down, as well for the better distri- bution of rights to land, as to promote the settle- ment, and ascertain a form of government; terms were drawn, mutually agreed on, and signed by most part of the subscribers. It was next the busi- ness of the proprietors who held immediately under Lord Berkeley to procure a division of the province, which after some time was effected; and then as an expedient for the present well-ordering matters, they wrote the following letter, which is inserted, as containing at once an explanation of their conduct, and as illustrative of the manners of the period. " London, 26th of the 6th month, 1676. "Richard Hartshorne, We have made use of thy name in a commission and instructions, which we have sent by James Wasse, who is gone in Samuel Groome's ship for Maryland, a copy of which is here inclosed ; and also a copy of a letter we have sent to John Fenwick, to be read to him in pre- sence of as many of the people that went with him as may be; and because we both expect, and als entreat, and desire thy assistance in the same, we will a little shew things to thee, that thou mayest in- form not only thyself, but friends there ; which in short is as follows. " 1st. We have divided with George Carteret, and have sealed deeds of partition, -each to the other and we have all that side on Delaware river fron one end to the other ; the line of partition is from the east side of little Egg Harbour, straight north through the country, to the utmost branch of Dela ware river, with all powers, privileges, and immu nities whatsover ; ours is called New West Jersey his is called New East Jersey. " 2d. We have made concessions by ourselves being such as friends here and there (we question not) will approve of, having sent a copy of them by James Wassc ; there we lay a foundation for afte ages to understand their liberty as men and chris tians, that they may not be brought into bondage, bu by their own consent; for we put the power in th people, that is to say, they to meet and choose on honest man for each propriety, who hath subscribe to the concessions ; all these men to meet as an as sembly there, to make and repeal laws, to choose governor, or a commissioner, and twelve assistants to execute the laws during their pleasure ; so ever man is capable to choose or be chosen. No man t b. arrested, condemned, imprisoned, or molested i is estate or liberty, but by twelve men of the eighbourhood. No man to lie in prison for debt, ut that his estate satisfy as far as it will go, and e set at liberty to work. No person to be called i question or molested for his conscience, or for orshipping according to his conscience ; with many lore things mentioned in the said concessions. " 3. We have sent over by James Wasse, a com- mission under our hands and seals, wherein we im- ower thyself, James Wasse and Richard Guy, or ny two of you, to act and do according to the in- truclions, of which here is a copy ; having also ent some goods, to buy and purchase some land of ic natives. " 4. We intend in the spring to send over some more commissioners, with the friends and people lat cometh there, because James Wasse is to re- urn in Samuel Groom's ship for England : for lichard Guy, we judge him to be an honest man, et we are afraid that John Fenwick will hurt him, nd get him to condescend to things that may not e for the good of the whole ; so we hope thou wilt alance him to what is just and fair, that John Fen- wick betray him not, that things may go on easy without hurt or jar, which is the desire of all friends; ind we hope West Jersey will be soon planted, it >eing in the minds of many friends to prepare for heir going against the spring. " 5. Having thus far given thee a sketch of things, we come now to desire thy assistance, and the assist- ance of other friends in your parts; and we hope it will be at length an advantage to you there, both upon truth's account, and other ways ; and in re- jard many families more may come over in the spring to Delaware side, to settle and plant, and ,vill be assigned by us to take possession of their ^articular lots ; we do intreat and desire, that thou, snowing the country, and how to deal with the na- :ives, we say, that thee and some other friends would go over to Delaware side as soon as this comes to your hands, or as soon as you can conveniently; and James Wasse is to come to a place called New Castle, on the other side of Delaware river, to stay for thee, and any that will go with him ; and you all to advise together and find out a fit place to take up for a town, and agree with the natives for a tract of land, and then let it be surveyed and di- vided into one hundred parts, for that is the method we have agreed to take, and we cannot alter it ; and if you set men to work to clear some of the ground, we would be at the charges ; and we do in- tend to satisfy thee for any charge thou art at, and for thy pains. This we would not have neglected ; for we know, and you that are there know, that if the land be not taken up before the spring, that many people come over there, the natives will in- sist on high demands, and so we shall suffer by buying at dear rates, and our friends that cometh over be at great trouble and charges until a place be bought and divided, for we do not like the tract of land John Fenwick hath bought, so as to make it our first settlement ; but we would have thee and friends there, to provide and take up a place on some creek or river, that may lie nearer you, and such a place as you may like ; for may be it may come in your minds to come over to our side, when you see the hand of the Lord with us, and so we can say no more, but leave the thing with you, be- lieving that friends there will have a regard to friends settling, that it may be done in that way and method, that may be for the good of the whole ; rest thy friends, Gawen Laurie, William Penn, UNITED STATES. 565 Nicholas Lucas, E. Byllinge, John Edridge, Ed- moud Warner. " London, the 18th of 6th month called August, 1676. " We whose names are hereunder subscribed, do give full power, commission, and authority, unto James Wasse, Richard Hartshorne, and liichard Guy, or any two of them, to act and do for us ac cording to the following instructions ; and we do engage to ratify and confirm whatsoever they shall do in prosecution of the same. " 1. We desire you to get a meeting with John Fenwick, and the people that went with him, (but we would not have you tell your business,) until you get them together; then shew and read the deed of partition with George Carteret ; also the transac- tions between William Penn, Nicholas Lucas, Ga- wen Lawrie, John Edridge, and Edmond Warner, and then read our letter to John Fenwick and the rest, and shew John Fenwick he hath no power to sell any land there, without the consent of John Edridge and Edmond Warner. " 2. Know of John Fenwick, if he will be willing peaceably to let the land he hath taken up of the natives be divided into one hundred parts, accord- ing to our and his agreement in England, casting lots for the same, we being willing that those who being settled and have cultivated ground now with him, shall enjoy the same, without being turned out, although they fall into our lots : Always provided, that we be reimbursed the like value and quantity in goodness out of John Fen wick's lots : And we are also con- tent to pay our ninetieth parts of what is paid to the natives for the same, and for what James Wasse hath purchased of John Fenwick, and he setting out the same unto him, not being in a place to be al- lotted for a town upon a river, but at a distance, and the said John Fenwick allowing us the like value in goodness in some other of his lots; we are willing he shall possess the same from any claiming by or under us ; and for the town lots we are willing he enjoy the same as freely as any purchaser buying of us. " 3. Take informations from some that know the soundings of the river and creeks, and that are ac- quainted in the country ; and when James Wasse is in Maryland, he may enquire for one Augustin, who as we hear did sound most part of Delaware river and the creeks. lie is an able surveyor; see to agree with him to go with you up the river as far as over against New Castle, or further if you can, so far as a vessel of a hundred ton can go, for we intend to have a way cut across the country to Sandy-Hook, so the further up the way the shorter ; and there, upon some creek or bay in some healthy ground, find out a place fit to make a settlement for a town ; and then go to the Indians and agree with them for a tract of land about the said place, of twenty or thirty miles long, more or less, as you see meet, and as broad as you see meet. If it be to the middle, we care not; only enquire if George Carteret hath not purchased some there already, that so you may not buy it over again. " 4. Then lay out four or five thousand acres for a town ; and if Augustin will undertake to do it rea- sonably, let him do it, for he is the fittest man ; and if he think he cannot survey so much, being in the winter time, then let him lay out the less for a town at present, if it be but two thousand acres, and let hita divide it in a hundred parts ; and when it is done, let John Fenwick, if he please, be there ; how- ever, let him have notice : but, however, let some of you be there to see the lots cast fairly by one person that is not concerned. The lots are from number one to a hundred, and put the same num- bers of the lots on the partition trees for distinction. " 5. If John Fenwick, and those concerned with him, be willing to join with you in those things as above, which is just and fair, then he or any of them may go along with you in your business ; and let them pay their proportion of what is paid to the na- tives, with other charges : And so he and they may dispose of their lots with consent of John Edridge and Edmond Warner ; which lots are, 20, 21, 26, 27, 36, 47, 50, 57, 63, 72. " 6. If John Fenwick and his people refuse to let the land they have taken up of the natives be di- vided, and refuse to join with you, you may let the country know in what capacity John Fenwick stands, that he hath no power over the persons or estates of any man or woman more than any other person. " 7. What land you take of the natives, let it be taken, viz. ninety parts for the use of William Penn, Gawen Lawrie, and Nicholas Lucas, and ten parts for John Edridge and Edmond Warner. " 8. After you have taken the land as above, and divided for a town or settlement, and cast lots for the same as above ; then if any have a mind to buy one or more proprieties, sell them at two hundred pound specie, they taking their lots as theirs do; paying to you in hand the value of fifty pounds in part of a propriety, and the rest on sealing their convey- ance in London, and so they may presently settle. When any of the lots fall to us, that is to say, he that buyeth a propriety may settle on any one lot of ninety parts ; which said persons that buy and what lots fall to them, there they may settle, and acquaint us what numbers they are ; and if any will take land to them and their heirs for ever, for every acre taken up in a place laid out for a town, accord- ing to the concessions, they are not to have above . what shall fall by lot to a propriety in a town. '' 9. What charges James Wasse is at, by taking up the land of the natives, we do oblige to pay the same unto him again, with what profits is usual there upon English goods ; and he may pitch upon two lots, one in each town, if they be taken up be- fore he comes away to his own proper use, for his trouble and pains. And we do also engage to allow and pay what charges any of our commissioners shall disburse in executing these our instructions, to th?m or their assigns. ' 10. Let us be advised by the first ship that cometh for England, of all proceedings hereupon, and write to the friends at Sandy Hook, letting them know how things are, and that we have divided with George Carteret, and that our division is all along on Delaware river; and that we have made conces- sions by ourselves, which we hope will satisfy friends there. If John Fenwick, or any of the people with him, dsire a copy of the deed of partition, let them have it. '11. We desire that our original deed maybe kept in your own custody, that it may be ready to shew unto the rest of the commissioners, whir:h we ntend to send over in the spring, with full power 'or settling things, and to lay out land and dispose upon it, and for the settling some method of govern- ment accoi'dirig to the concessions. '' 12. If you cannot get Augustin to go with you, or that he be unreasonable in his demands; then send a man to Thomas Bushroods, at Essex lodge, n York river, for William Elliot, who writes to 566 THE HISTORY OF AMERICA. Gawin Lawrie this year, and offered himself to be surveyor, and tell him you had orders from said Lawrie to send for him, and take him with you. He will be willing to be there all winter, and will survey and do other things. He had a good occu- pation in Virginia, but was not able to keep it; he is a fair conditioned sober man ; let him stay there all winter, and order him something to live upon. " 13. If the said Elliot go with you, give him di- rections what to do. If you cannot stay till a place for a town be surveyed, yet we think you may stay until you have not only pitched upon a place for a town, but also upon a place for a second town and settlement, and have marked out the place round about there, and let William Elliot divide both, which no doubt but he may do before the spring, that we send over more commissioners and people; and if John Fenwick be willing to go on jointly with you there, his surveyor may go along and help ours, and the charges shall be brought in for both pro- portionably on all. Mind this, and speak to Rich- ard Guy, or Richard Hartshorne, and leave orders with them to let William Elliot have provisions for himself till spring, and we shall order them satisfac- tion for the same ; and if there be no house near the place you take up for the surveyors to lodge in, then let there be a cottage built for them on the place, and we will allow the charges. " 14. And whei'eas there is tackling there already, for fitting of a sloop as we judge, in the custody of Richard Guy ; we also give you power if you see meet, and that it be of necessary use and advantage for the whole concern, you may order these ship- carpenters to build a sloop suitable for these mate- rials, and appoint them some provision for their food, and for the rest of their wages they shall either have it in a part of the sloop, or be otherwise satis- fied in the spring of the year ; the said sloop to be ordered and disposed upon by you until more com- missioners come over with further instructions. " 15. For the goods we have sent over with James Wasse are to be disposed upon for purchasing land from the natives or otherwise as need is, giving us account thereof. " Nicholas Lucas, Edmond Wai'ner, William Penn, Gawin Lawrie, E. Byllinge." The instrument for dividing the province being agreed on by Sir George Carteret on the one part, and the said E. Byllinge, William Penn, Gawen Lawrie, and Nicholas Lucas on the other, they to- gether signed a quintipartite deed, dated the 1st day of July, 1676. The line of division being thus far settled, each took their own measures for further peopling and improving their different shares. Sir George Car- teret had greatly the advantage respecting improve- ments, his part being (as we have seen) already considerably peopled. The western proprietors soon published a description of their moiety, on which many removed thither ; but lest any should not sufficiently weigh the importance of this under- taking, and for other reasons, the three principal proprietors published the following precautionary cpistle. " Dear friends and brethren, In the pure love and precious fellowship of our Lord Jesus Christ, we very dearly salute you : Forasmuch as there was a paper printed several months since, entitled, ' The description of New West Jersey,' in the which our names were mentioned as trustees for one undivided moiety of the said province : And because it is al- leged that some, partly on this account, and others apprehending, that the paper by the manner of its expression came from the body of friends, as a re- ligious society of people, and not from particulars, have through these mistakes weakly concluded that the said description in matter and form might be writ, printed and recommended on purpose to prompt and allure people to dissettle and transplant them- selves, as it is also by some alleged : And because that we are informed, that several have, on that ac- count, taken encouragement and resolution to trans- plant themselves and families to the said province ; and lest any of them (as is feared by some) should go out of a curious and unsettled mind, and others Lo shun the testimony of the blessed cross of Jesus, of which several weighty friends have a godly jea- lousy upon their spirits, lest an unwarrantable for- wardness should act or hurry any beside or be- yond the wisdom and counsel of the Lord, or the freedom of his light and spirit in their own hearts, and not upon good and weighty grounds, it truly laid hard upon us, to let friends know how the mat- ter stands, which we shall endeavour to do with all clearness and fidelity. ' 1. That there is'such a province as New Jersey, is certain. ; ' 2. That it is reputed of those who have lived and have travelled in that country, to be wholesome of air and fruitful of soil, and capable of sea-trade, is also certain ; and it is not right in any to despise or dispraise it, or dissuade those that find freedom from the Lord, and necessity put them on going. " 3. That the Duke of York sold it to those called Lord Berkeley, baron of Stratton, and Sir George Carteret, equally to be divided between them, is also certain. " 4. One moiety or half part of the said province being the right of the said Lord Berkeley, w"as sold by him to John Fenwick, in trust for Edward Byl- linge, and his assigns. " 5. Forasmuch as E. B. (after William Penn had ended the difference between the said Edward Byllinge and John Fenwick) was willing to present his interest in the said province to his creditors, as all that he had left him towards their satisfaction, he desired William Penn (though every way uncon- cerned) and Gawen Lawrie, and Nicholas Lucas, two of his creditors, to be trustees for performance of the same ; and because several of his creditors, particularly and very importunately pressed William Penn to accept of the trust for their sakes and se- curity, we did all of us comply with those and the like requests, and accepted of the trust. " 6. Upon this we became trustees for one moiety of the said province, yet undivided ; and after no little labour, trouble, and cost, a division was ob- tained between the said Sir George Carteret and us, as trustees. The country is situated and bounded as is expressed in the printed description. "7. This now divided moiety is to be cast into one hundred parts, lots, or proprieties; ten of which, upon the agreement made betwixt E. Byllinge and J. Fenwick, were settled and conveyed unto J. Fen- wick, his executors and assigns, with a considerable sum of money, by way of satisfaction for what he became concerned in the purchase from the said Lord Berkeley, and by him afterwards conveyed to John Ejdridge and Edmond Warner, their heirs and assigns* " 8. The ninety parts remaining are exposed to sale, on the behalf of the creditors of the said E. B. And forasmuch as several friends are concerned as creditors, as well as others, and the disposal of so UNITED STATES. 567 great a part of this country being in our hands ; we did in real tenderness and regard to friends, and especially to the poor and necessitous, make friends the first offer, that if any of them, though particu- larly those that being low in the world, and under trials' about a comfortable livelihood for themselves and families, should be desirous of dealing for any part or parcel thereof, that they might have the refusal. "9. 'This was the real and honest intent of our hearts, and not to prompt or allure any out of their places, either by the credit our names might have with our people throughout the nation, or by repre- senting the thing otherwise than it is in itself. " As for the printed paper sometime since set forth by the creditors, as a description of that province, we say as to two passages in it, they are not so clearly and safely worded as ought to have been, particularly in seeming to limit the winter season to so short a time ; when on further information, we hear it is sometime longer and sometime shorter than therein expressed; and the last clause relating to liberty of conscience, we would not have any to to think, that it is promised or intended to main- tain the liberty of the exercise of religion by force and arms, though we shall never consent to any the least violence on conscience ; yet it was never de- signed to encourage any to expect by force of arms to have liberty of conscience fenced against invad- ers thereof. ..; * " 10. And be it known unto you all, in the name and fear of Almighty God his glory and honour, power and wisdom, truth and kingdom, is dearer to us than all visible things ; and as our eye has been single, and our heart sincere to the living God, in this as in other things, so we desire all whom it may concern, that all groundless jealousies may be judged down and watched against, and that all extremes may be avoided on all hands by the power of the Lord : that nothing which hurts or grieves the holy life of truth in any that goes or stays, may be ad- hered to ; nor any provocations given to break pre- cious unity. " This am I, William Penn, moved of the Lord, to write unto you, lest any bring a temptation upon themselves or others ; and in offending the Lord slay their own peace : " Blessed are they that can see and behold him their leader, their ovderer. their conductor and preserver, in staying or going : Whose is the earth and the fullness thereof, and the cattle upon a thousand hills." And as we formerly writ, we cannot but repeat our request unto you, that in whomsoever a desire is to be concerned in this in- tended plantation, such would weigh the thing be- fore the Lord, and not headily or rashly conclude on any such remove ; and that they do not offer vio- lence to the tender love of their near kindred and relations ; " but soberly and conscientiously endea- vour to obtain their good wills, the unity of friends where they live ; that whether they go or stay, it may be of good favour before the Lord (and good people) from whom only can all heavenly and earthly blessings come." This we thought good to write for the preventing of all misunderstandings, and to declare the real truth of the matter ; and so we commend you all to the Lord, who is the watch- man ofchis Israel. We are your friends and breth- ren, Wm. Penn, Gawen Lawrie, Nicholas Lucas." Arrival of more settlers to West Jersey their difficul- ties their purchases from the Indians they lay out a town some of their first sentiments of the country, and an account of the Duke of York's two last grants, being for the provinces East and West New Jersey, separately. Among other purchasers of the West Jersey lands, were two companies, one made up of some friends (quakers) in Yorkshire ; the other of some friends in London: who each contracted for considerable shares, for which they had patents. Thomas Hutch- inson, Thomas Pierson, Joseph Helmsly, George Hutchinson, and Mahlon Stacy, all of the county of York, England, were principal creditors to E. Byllinge, to whom several of the other creditors made assigments of their debts, which together amounted to the sum of 2,450/. sterling, and who took in satisfaction of the said sum seven full equal and undivided ninetieth parts of ninety equal and undivided hundred parts of West Jersey ; and the same was conveyed to them, and their heirs, by William Penn, Gawen Lawrie, Nicholas Lucas, and Edward Byllinge, by deed bearing date " the 1st of the month called March, 1676." And by another conveyance of the same date, from and to the same persons, in satisfaction for other debts to the amonnt of 1,050Z. sterling, three other full equal and undi- vided ninetieth parts of the aforesaid ninety equal undivided hundred parts of West Jersey were also conveyed. In 1677, commissioners were sent by the proprietors, with power to buy the lands of the natives, to inspect the rights of such as claimed property, and to order the lands laid out ; and in general to administer the government, pursuant to the terms. These commissioners were Thomas Olive, Daniel Wills, John Kinscy, John Penford, Joseph Helmsley, Robert Stacy, Benjamin Scott, Richard Guy, and Thomas Foulke. They came in the Kent, Gregory Marlow, master, being the second ship from London, to the western parts. After a tedious passage they arrived at New-Castle, the 16th of June, old style. King Charles II, being in his barge on the Thames, came along-side, seeing a great many passengers, and when informed whither they were bound, asked if they were all quakers, and gave thm his blessing. They landed their passengers, 230 in number, about Rackoon creek, where the Swedes had some scattered habitations, but they were too numerous to be all provided for in houses ; some were obliged to lay their beds and furniture in cow stalls, and apartments of that sort ; among other inconveniences to which this exposed them, the snakes were now plenty enough to be frequently seen upon the hovels under which they sheltered. Most of the passengers in this ship were of those called quakers, some of good estates in Eng- land. The commissioners had before left them, and were by this time arrived at a place called Chygoes Island (afterwards Burlington) their busi- ness being to treat with the Indians about the land there and to regulate the settlements, having not only the proprietors but Governor Andross's commission for that purpose ; for in their passage hither, they had first dropped anchor at Sandy Hook, while the com- missioners went to New York to acquaint him with their design ; for though they had concluded the powers they had from the proprietors were sufficient to their purpose, they thought it a proper respect to the Duke of York's commission, to wait on his go- vernor upon the occasion ; he treated them civilly, but asked them if they had any thing from the duke, his master ? They replied, nothing particular ; that he had conveyed that part of his country to Lord Berkeley, and he to Byllinge, &c., in which the government was as much conveyed, as the soil. THE HISTORY OF AMERICA. The governor replied, " All that will not clear me ; if I should surrender without the duke's order, it is as much as my head is worth ; but if you had but a line or two from the duke, I should be as ready to surrender it to you, as you would be to ask it." Upon which the commissioners, instead of excusing their imprudence in not bringing such an order, be- gan to insist upon their right, and strenuously to assert their independency : but Andross putting his hand on his sword, told them that he should defend the government from them till he received orders from the duke, his master, to surrender it; he how- ever softened, and told them he would do what was in his power to make them easy, till they could send home to get redress ; and "in order thereto, would commission the same persons mentioned in the commission they produced. This they accepted, and undertook to act as magistrates under him, till further orders came from England, and proceed in relation to their land affairs, according to the me- thods prescribed by the proprietors. When arrived at their government, they applied to the Swedes for interpreters between them and the Indians. Israel Helmes, Peter Rambo, and Lacy Cock, were recommended. By their help they made a purchase from Timber Creek to Rankokas Creek, another from Oldman's Creek to Timber Creek. After this they got Henric Jacobson Falconbre, to be their interpeter, and purchased from Rankokas Creek to Assunpinck. But when they had agreed upon this last purchase, they had not Indian goods sufficient to pay the consideration, yet gave them what they had, to get the deed signed ; they were however obliged to agree with the Indians not to settle till the remainder was paid. The deed for the lands between Rankokas Creek and Timber Creek bears date the l()th of September, 1677 ; that for the lands from Oldman's creek to Timber creek the 27th of September, 1677, and that from Rankokas creek to Assunpinck the 10th of Octooer, 1677. By the consideration paid for the lands between Old- man's and Timber creek, a judgment may be formed of the rest. It consisted of 30 matchcoats, 20 guns, 30 kettles and one great one, 30 pair of hose, 20 fathom of duffolds, 30 petticoats, 30 narrow hose, 30 bars of lead, 15 small barrels of powder, 70 knives, 30 Indian axes, 70 combs, 60 pair of tobacco tongs, 60 scissars, 60 tinshaw looking-glasses, 120 awl- blades, 120 fishhooks, 2 grasps of red paint, 120 needles, 60 tobacco boxes, 120 pipes, 200 bells, 100 Jews-harps, 6 anchors of rum. In the year 1703, another purchase was made by the council of pro- prietors of West-Jersey, of land lying above the falls of Delaware ; another also about that time of lands at the head of Rankokas river, and several purchases afterwards included the whole of the lands worth taking up in West- Jersey, except a few planta- tions reserved to the Indians ; one of these in particu- lar ought to be noted in this place, to the honour of John Wills, sometime one of the council, by whose ad- vice the Indian sachem, called king Charles, laid an English right on a large plantation, atWeekpink, con- taining a valuable tract of land, in the county of Bur- lington, which is so contrived as to remain unalienable from his posterity, who now enjoy the benefit of it. Having travelled through the country and viewed the land, the Yorkshire commissioners, Joseph Helmsley, William Emley and Robert Stacy, on behalf of the first purchasers, chose from the falls of Delaware down, which was hence called the first tenth ; the London commissioners, John Penford. Thomas Oliye, Daniel Wills, and Benjamin Scott, on behalf of the ten London proprietors, chosen at Ar- wamus, (in and about where the town of Gloucester now is) this was called the second tenth ; to begin a settlement there, Olive sent up servants to cut hay for cattle he had bought : when the Yorkshire com- missioners found the others were like to settle at such a distance, they told them if they would agree to fix by them, they would join in settling a town in pursuance of the charter brought with them from England, and that they should have the largest share, in consideration that they (the Yorkshire commissioners) had the best land in the woods. Being few, and the Indians numerous, they agreed to it. The commissioners employed Noble, a sur- veyor, who came in the first ship, to divide the spot. After the main street was ascertained, he divided the land on each side into lots; the easternmost among the Yorkshire proprietors, the other among the Lon- doners ; to begin a settlement, ten lots of nine acres each, bounding on the west, were laid out, which being done, some emigrants from Wickaco, chiefly those concerned in the Yorkshire tenth, arrived the latter end of October. The London commissioners also employed Noble, to divide the part of the island yet unsurveyed, between the ten London pro- prietors, in the manner beforementioned. The town thus by mutual consent laid out, was named at first New Beverley, then Bridlington, which was ulti- mately changed to Burlington. Some of the masters of families that came in the ship last mentioned, and settled in that neighbourhood, were Thomas Olive, Daniel Wills, William Peachey, William Clayton, John Crips, Thomas Eves, Thomas Harding, Thomas Nositer, Thomas Fairnsworth, Morgan Drewet, Wil- liam Pennton, Henry Jenings, William Hibes, Sa- muel Lovett, John Woolston, William Woodmancy. Christopher Saunders, and Robert Powell ; John Wilkinson and William Perkins, were likewise with theirfamiliespassengers,but dying on the voyage, the latter were exposed to additional hardships, which were however moderated by the care of their fellow emi- grants. Perkins was early in life convinced of the principles of those called Quakers, and lived well in Leicestershire; but seeing an account of the country written by Richard Hartshorne, and forming views of advantage to his family, though in his 52d year, he, with his wife, four children and some servants, embarked in this ship; among the latter was one Marshall, a carpenter, particularly serviceable in fitting up habitations for the new comers ; but it being late in the autumn when they arrived, the winter was much spent before the work was begun ; in the interim they lived in wigwams, built after the manner of the Indians. Indian corn and venison, supplied by the Indians, was their chief food. These people were not then much corrupted with strong liquors, but generally very friendly and helpful to the English ; notwithstanding it was thought endeavours had been used to make them otherwise, by insinuations that the English sold them the small pox in their matchcoats. This distemper was among them, and a company getting together to consult about it, one of their chiefs said, "In my grandfather's time the small-pox came : In my father's time the small-pox came ; and now in my time the small-pox is come." Then stretching his hands towards the skies, said, " it came from thence." To this the rest assented. The next ship which arrived was the Willing Mind, which brought about sixty or seventy pas- senders. Some settled at Salem, others at Burling- ton ; among the fnrni'.'r uere J-unes Nevill, Henry UNITED STATES. Salter and George Deacon, with their families. In this year also arrived the Fly boat Martha, of Bur- lington, Yorkshire, with 114 passengers, who de- signed to settle the Yorkshire tenth. In one of these ships, or about this time, arrived John Kinsey, then a young man ; his father one of the commissioners aforementioned, dying on his ar- rival, the care of his family fell to him ; he was afterwards a man of distinguished services in seve- ral public stations ; and his son after him, of the same name, was a chief justice of Pennsylvania. Many that came servants, succeeded better than some' that brought estates ; the first inured to indus- try, and the ways of the country, became wealthy, while the others 'were obliged to spend what they had in the difficulties of first improvements ; and others living too much on their original stock, for want of sufficient care to improve their estates, have, in many instances, dwindled to indigency and want. The following letters from some of these early emigrants and founders of this state, is inserted as a document interesting to those who like to con- template the first shoots of a vigorous and thriving empire. " From Burlington, in Delaware river, the 26th of the 8th Month, 1677. " Dear Friend, Through the mercy of God, we are safely arrived at New Jersey ; my wife and all mine are very well, and we have our healths rather better here than we had in England ; indeed the country is so good, that I do not see how it can reasonably be found fault with : as far as I perceive, all the things we heard of it in England, are very true; and I wish that many people (that are in straits) in England, were here. Here is good land enough lies void, would serve many thousands of families; and we think if they cannot live here, they can hardly live in any place in the world ; but we do not desire to persuade any to come, but such as are well satisfied in their own minds. A town lot is laid out for us in Burlington, which is a convenient place for trade; it is about 115 miles up the river De- laware ; the country and air seems to be very agree- able to our bodies, and we have very good stomachs to our victuals. Here is plenty of provision in the country ; plenty of fish and fowl, and good venison very plentiful, and much better than ours in Eng- land; for it eats not so dry, but is full of gravy, like fat young beef. You that come after us need not fear the trouble that we have had, for now here is land ready divided against you come. The Indians are very loving to us, except here and there one, when they have gotten strong lipuors in their heads, which they now greatly love. But for the country, in short, I like it very well ; and I do believe, that this river of Delaware is as good a river as most in the world : it exceeds the river of Thames by many degrees. " Here is a town laid out for twenty proprieties, and a straight line drawn from the river side up the land, which is to be the main street, and a market place about the middle. The Yorkshire ten proprietors are to build on one side, and the London ten the other side ; and they have ordered one street to be made along the river side, which is not divided with the rest, but in small lots by itself; and every one that hath any part in a propriety, is to have his share in it. The town lots for every propriety will be about ten or eleven acres, which is only for a house, orchard and gardens; and the corn and pasture ground is to be laid out in great quantities. "I am thy loving friend, John Crips." Thomas Hooten to his wife, dated 29th 8th Month, 1677. " My Dear, I am this present at the town calkd Burlington, where our land is ; it is ordered to be a town for the ten Yorkshire and ten London proprie- tors. I like the place well ; our lot is the second next the water side : It is like to be a healthful place, and very pleasant to live in. I came hither yesterday, being the 28th of October, with some friends that were going to New York. I am to be at Thomas Olive's house, till I can provide better for myself: I intend to build a house, and get some corn into the ground ; and I know not how to write concerning thy coming, or not coming hither ; the place I like very well, and believe that we may live here very well : but if it be not made free, I mean as to the customs and government, then it will not be so well, and may hinder many that have de- sires to come. But if those two things be cleared, thou may take thy opportunity of coming this summer. " Thomas Hooten. The customs here referred to were those imposed at New Castle, Delaware, upon all comers; the govern- ment was yet administered by virtue of governor An- dross's commission; both which were unexpected and disagreeable; but these objections were soon removed. William Clarke to the' proprietors. " New Jersey, 20th 2nd Month, 1678. " Dear Friends, I doubt not but it will be great satisfaction to you, to hear of mine and the rest of friends' passage to, and safe arrival in New Jersey : we took ship the 16th of November, and- made the land of New Jersey in thirty-four days. Now friends, as to this country, there has been so much said by several persons in commendation thereof, both as to the increase of all sorts of grain and fruits ; as also of the plenty of fish, fowl, deer, swine, &c. that I shall not need to add any thing to it; but in short, this I have to say, that I do not know any one thing to fall short of what was reported of this province, but that more might truly have been said of its -pleasant situation, wholesome air, and gene- ral and great increase of all things planted, and especially of Indian corn, which is a very good and serviceable grain many ways ; the English wheat and barley primely good ; but rie and pease much better than any I ever saw in England or Ireland. I doubt not but you have had an account of all other matters before this (by those who came to Jersey before me) comes to your hands ; and I have no other end in this, than keeping you from the rash censures of poople that know it not ; as also for the good and prosperity of this good country, &c. " Directed for William Penn, Gawen Lawrie, or Edward Byllinge. " William Clark." John Cnps to his brother and sister. "Burlington, in New-Jersey, upon the river Dela- ware, the 19th of 4th Month, called June, 1678. " Dear and loving brother and sister, I have received both your letters, wherein I understand your faith concerning this country is much shaken, through several false reports given thereof; which may be proved false under the hands of several good friends ; I hope as worthy to be believed as that reporter ; and such as have had more experi- ence of this place than he had, or could have, in so short a time ; besides he came among us shortly after our coming hither, when things were not settled in that order amongst us, as now they are ; neither indeed did he find such entertainment from some, as he expected ; which I suppose makes him speak the worst he can devise of this place but I 570 THE HISTORY OF AMERICA. question not but this report will in a short time be wiped away, some of which in my knowledge is grossly untrue, as well as contradictions to his own words ; for 1 remember when I travelled with him through part of New-Jersey, he confessed that much of this land was as good or better than the land in Rhode-Island : and it is really my judgment, that those people that cannot be con- tented with such a country, and such land as this is, they are not worthy to come here : and this I can truly tell you, if I were now in England with you (and which I should be very glad to see) yet if all I had in the world would but bring me hither, I would freely leave you and my native country, and come to New-Jersey again; which I have said many a time heretofore, but now write it under my hand, and it's really the truth, whether you will believe it or not ; and farther, I can truly tell you, that I desire not, nor dare to write the least un- truth, to draw you, nor any others to this place ; but I am resolved, if I never see your faces more, to leave you to your own freedom. But I hope you are not insensible of my love and desires for you ; though I am, I say, constrained to forbear persuad- ing you, or anyone else against their own freedoms ; yet I think it my duty to let you, and all men know the truth of things as near as I can. Your letter saith, ' it's reported the water is not so good as in England.' I do not remember that ever I tasted better water in any part of England, than the springs of this place do yield ; of which is made very good beer and ale ; and here is also wine and cyder. And whereas your letter to me saith, ' se- veral have come back from this country to Eng- land :' Two or three I suppose ; there are lazy idle persons that have done so ; but on the other hand, here are several persons, men of estates, that have been here, and have gone back to England, and sold their estates and returned with their whole families hither again ; which methinks should take many of these scruples out of the way, if nothing else were said or done in praise of this country ; but I suppose there are many in England, that de- sire to hear ill of this place, because they would keep their friends there with them ; and they think we never write enough of the bad properties of the country, and vermin in it. Now this I may say, in short, that here are bears, wolves, foxes, rattle- snakes, and several other creatures, (I do believe because I see the Indians have such skins to sell) but I have travelled several hundreds of miles, to and fro, and I never to my knowledge saw one of those creatures, except two rattle-snakes, and I killed them both ; I suppose the fear of those crea- tures in England, is far worse to some there, than the hurt of them is here ; and as for the musketto- ily, we are not troubled with them in this place ; our land for the most part lying high and healthy, and they, for the most part, are in a low boggy ground. Thomas Budd and his family are arrived ; the ship lyeth before this town, that brought them ; I wish you have not cause to repent that you came not along with them ; they had a very good passage, and so had the London ship ; they are both in the river at this time. I understand by Thomas Budd, that he did satisfy you as near as he could of the truth of things here ; and you had as much reason to be- lieve him, as that other person, and more too ; for Thomas had far more experience of this place, than he could have in the short time he was among us ; so of these things I shall forbear to write any further at present. John Crips." " To the truth of the contents of these things, we subscribe our names; Daniel Wills, Thomas Olive, Thomas Harding, Thomas Budd, William Peachy." In the latter end of 1678, the Shield arrived from Hull with more emigrants, and dropped anchor be- fore Burlington, being the first ship that came so far up the Delaware, against Coaquanock (the Indian name of the place where Philadelphia now stands). Being a bold shore, she went so near in turning, that part of the tackling struck the trees; some on board then remarked it was a fine spot for a town. A fresh gale brought her to Burlington ; she moored to a tree, and the next morning the people came a- shore on the ice, so hard had the river frozen. And a second ship, full of emigrants, also arrived from London. It has already been stated in the account of New York, that Charles II., on the re-delivery of their provinces by the Dutch, after their short conquest in 1673, to prevent any possibility of legal cavilling that might arise upon a plea of the property being thus alienated from the purchasers, granted new letters patent bearing date the 29th day of June, 1674, to the Duke of York, for the several provinces, which by the former letters patent had been granted to him; of which New Jersey was a part. And in 1678, upon the application of the assigns of Lord Berkeley, the duke make them a new grant of West New Jersey ; and in like manner by an instrument bearing date the 10th of October, granted the east- ern moiety of New Jersey to the grandson of Sir George Carteret. Letters from some of the settlers of West Jersey and arguments against the customs imposed at the Hoar Kill by the governor of New York. The following abstract of Mahlon Stacy's letter to his brother Revell, and some others, dated " the 26th of the 4th month, 1680," will give the reader the best idea of the state of the colony. " But now a word or two of those strange reports you have of us and our country; I affirm they are not true, and fear they were spoke from a spirit of envy. It is a country that produceth all things for the support and sustenance of man in a plentiful manner ; if it were not so, I should be ashamed of what I have before written ; but I can stand, having truth on my side, against and before the face of all gainsayers and evil spies: I have travelled through most of the places that are settled, and some that are not, and in every place I find the country very apt to answer the expectation of the diligent : I have seen orchards laden with fruit to admiration, their very limbs torn to pieces with the weight, and most delicious to the taste, and lovely to be- hold; I have seen an apple tree from a pippin kernel, yield a barrel of curious cider ; and peaches in such plenty, that some people took their carts a peach gathering; I could not but smile at the conceit of it. They are a very deli- cate fruit, and hang almost like our onions that are tied on ropes. I have seen and known this sum- mer, forty bushels of bold wheat of one bushel sown ; and many more such instances I could bring, which would be too tedious here to mention. We have from the time called May until Michael- mas, great store of very good wild fruits, as straw- berries, cranberries, and hurtleberries, which are like our bilberries in England, but far sweeter, they are very wholesome fruits. The cranberries much like cherries for colour and bigness, which may be kept till fruit come in again ; an excellent UNITED STATES. 571 sauce is made of them for venison, turkeys, and other great fowl, and they are better to make tarts than either gooseberries or cherries ; we have them brought to our houses by the Indians in great plenty. My brother Robert had as many cherries this year as would have loaded several carts. It is my judgment by what I have observed, that fruit trees in this country destroy themselves by the very weight of their fruit; as for venison and fowls, we have great plenty. We have brought home to our houses by the Indians, seven or eight fat bucks of a day, aud sometimes put by as many ; having no occasion for them, and fish in their season very plenteous. My cousin Revell and I, with some of my men, went last third month into the river to catch herrings, for at that time they came in great shoals into the shallows; we had neither rod nor net, but after the Indian fashion made a round pinfold, about two yards over and a foot high, but left a gap for the fish to go in at. and made a bush to lay in the gap to keep the fish in; and when that was done, we took two long birches and tied their tops together, and went about a stone's cast above our said pinfold, then hawling these birchen boughs down the stream, where we drove thousands before us, but so many got into our trap as it would hold, and then we began to hawl them on shore as fast as three or four of us could, by two or three at a time, and after this manner, in half an hour, we could have filled a three bushel sack of as good and large herrings as ever I saw; and as to beef and pork, here is great plenty of it, and cheap ; and also good sheep. The common grass of this country feeds beef very fat; I have killed two this year, and therefore I have reason to know it; besides I have seen this fall, in Burlington, killed, eight or nine fat oxen and cows on a market day, and all very fat. And though I speak of her- rings only, lest any should think we have little other sorts, we have great plenty of most sorts of fish that ever I saw in England ; besides several other sorts that are not known there, as rocks, cat- fish, shads, sheeps-heads, sturgeons : and fowls plenty, as ducks, geese, turkies, pheasants, par- tridges, and many other sorts that I cannot re- member, and would be too tedious to mention. In- deed the country, take it as a wildei'ness, is a brave country, though no place will please all. But some will be ready to say, he writes of conveniences but not of inconveniences. In answer to those, I honestly declare there is some barren land, as (I suppose) there is in most places of the world, and more wood than some would have upon their lands; neither will the country produce corn without la- bour, nor cattle be got without something to buy them, nor bread with idleness ; else it would be a brave country indeed ; and I question not, but all then would give it a good word; for my part I like it so well, I never had the least thought of return- ing to England, except on the account of trade. " Mahlon Stacy." In a letter to William Cook, of Sheffield, and others, Stacy wrote thus : " This is a most brave place, whatever envy or evil spies may speak of it ; I could wish you all here. Burlington will be a place of trade quickly ; for here is way for trade; I, with eight more, last winter bought a good ketch of fifty tons, freighted her out at our own charge, and sent her to Barbadoes, and so to sail to Saltertugas, to take in part of her lading in salt, and the rest in Barbadoes goods as she came back; which said voyage she hath ac- complished very well, and now rides before Bur- lington discharging her lading, and so to go to tho West Indies again ; and we intend to freight her out with our own corn. We have wanted nothing since we came hither, but the company of our good friends and acquaintance ; all our people are very well, and in a hopeful way to live much better than ever they did, and not only so, but to provide well for their posterity. They improve their lands and have good crops; and if our Mends and country- men come, they will find better reception than we had by far at first, before the country was settled as now it is. I know not one among the people that desires to be in England again ; I mean since settled. I wonder at our Yorkshire people, that they had rather live in servitude, and work hard all the year, and not to be three-pence the better at the year's end, than stir out of the chimney-corner and transport themselves to a place where, with the like pains, in two or three years they might know better things. " I never repented my coming hither, nor yet remembered thy arguments and out-cry against New Jersey with regret. I live as well to my content, and in as great plenty as ever I did, and in a far more likely way to get an estate. Though I hear some have thought I was too large in my former, I affirm it to be true ; having seen more with mine own eyes in this time since, than ever yet I wrote of. "Mahlon Stacy." From the Falls of Delaware, in West New Jer- sey, the 26th of the 4th month, 1680. The inhabitants of West Jersey, had hitherto either pounded their corn, or ground it with hand mills ; but about this time Olive had built his water mill on his plantation, nigh Rankokas creek ; and in this year Stacy finished his mill at Trenton. These two were the only mills that ground for the country several of the first years after their ar- rival. Though the passengers who had already come to West Jersey, were well satisfied with the country, things in general answering beyond their expecta- tion, yet they were under one great inconvenience. We have seen that the governor of New York had very early imposed ten per cent, on all goods im- ported at the Hoar Kill ; and on exports something of the kind still subsisted: 5/. per cent being de- manded of the settlers at their arrival or afterwards, at the officer's pleasure; and that not according to the prime cost of the goods, but upon the amount in the invoice, as shipped in England. This was evi- dently an arbitrary act, neither West Jersey nor the Hoar Kill were legally under their jurisdiction ; the settlers from the first complained of the hard- ship, but bore it with tolerable patience till about 1680, when they had it redressed by the interposi- tion of their friends in England, who applying to the Duke of York, he referred the matter to counsel, where it rested for a considerable time ; but at last by the diligence of W. Penn. George Hutchinson, and others, was reported in their favour. Sir John Werden, on the Duke's behalf, wrote to have it discontinued. The arguments used against this duty or impost, may be seen by the following docu- ment. " To those of the duke's commissioners, whom he has ordered to hear, and make report to him con- cerning the customs demanded in New West Jer- sey, in America, by his governor of New York. "1. The king has granted to the Duke of York a tract of laud in America, consisting of several 572 THE HISTORY OF AMERICA. Indian countries, with such powers and authorities as are requisite to make laws, and to govern and preserve the territory when planted : but with this restriction twice expressed, and several times re- ferred to, viz., ' So always as the said statutes, or- dinances, and proceedings be not contrary, but as near as may be, agreeable to the laws, statutes, and government of this our realm of England.' In another place, thus, ' And further, it may be lawful for our dearest brother, his heirs and assigns, by these presents, to make, ordain, and establish all manner of orders, laws, directions, instruments, and forms of government, and magistrates fit and neces- sary for the territory aforesaid :' but still with this limitation, ' so always as the same be not contrary to the laws and statutes of this our realm of Eng- land, but as near as may be agreeable thereto.' " 2. The Duke of York, by virtue of this grant from the king to him, for a competent sum of money (paid by the Lord John Berkeley and Sir George Carteret), granted and sold to them a tract of land, called now by the name of New Ccesarea, or New Jersey; and that in as ample manner as it was granted by the king to the duke. " Thus then we come to buy that moiety which belonging to Lord Berkeley, for a valuable con- sideration, and in the conveyance he made us, powers of government are expressly granted ; for that only could have induced us to buy it; and the reason is plain ; because to all prudent men the go- vernment of any place is more inviting than the soil ; for what is good land without good laws the better the worse. And if we could not assure peo- ple of an easy, and free, and safe government, both with respect to their spiritual and worldly property ; that is, an uninterrupted liberty of conscience, an in- violable possession of their civil rights and freedoms, by a just and wise government ; a mere wilderness would be no encouragement, for it were a madness to leave a free, good, and improved country, to plant in a wilderness, and there adventure many thousands of pounds, to give an absolute title to another person to tax us at will and pleasure. This single consideration, we hope, will excuse our desire of the government ; not asserted for the sake of power but safety; and that not only for ourselves, but others, that the plantation might be encouraged. " 3. The Lord Berkeley and Sir George Car- teret, considering how much freedom invites, that they might encourage people to transport them- selves into those parts, made and divulged certain concessions, containing a model of government : Upon these several went, and are there planted; the country was thus possessed, and the said go- vernment uninterruptedly administered by the said Lord Berkeley and Sir George Carteret, or their deputy, for several years ; during which time no custom was demanded. " 4. We dealt with the said Lord Berkeley, upon the sight of these concessions, and the presumption that neither he nor Sir George Carteret, would at- tempt to act anything they had not power to do ; much less, that they or either of them, would pre- tend to sell a power they never had ; since that would not only be a cheat to the people that dealt with them for it, but an high affront to the duke. " 5. The moiety of New Caesarea, or New Jersey, thus bonght of the said Lord Berkeley, we dispose of part of our interest to several hundreds of peo- ple, honest and industrious ; these transport them- selves, and with them such household stuff and tools, as are requisite for planters to have. They land at Delaware bay, the bounds of the country we bought; the passage God and nature made to it ; at their arrival they are saluted with a demand of custom, of five per cent, and that not as the goods may be there worth, but according to the in- voice as they cost before shipped in England ; nor did they take them as they came, but at pick and choose, with some severe language to boot. This is our grievance ; and for this we made our appli- cation to have speedy redress, not as a burden only, with respect to the quantum or the way of levying it, or any circumstances made hard by the irregularity of the officers, but as a wrong ; for we complain of a wrong done us ; and ask yet with modesty, quo jure ? Tell us the title by what right or law are we thus used ; that may a little mitigate our pain ? Your answer hitherto hath been this : 'That it was a conquered country; and that the king, being the conqueror, he has power to make laws, raise money, &c. and that this power Jure re- yale, the king hath vested in the duke, and by that right and sovereignty, the duke demands that cus- tom we complain of.' But suppose the king were an absolute conqueror in the case depending, doth his power extend equally over his own English peo- ple, as over the conquered ? Are not they some of the letters that make up the word conqueror ? Did Alexander conquer alone, or Csesar beat by himself? No. Shall their armies of countrymen and natives lie at the same mercy as the van- quished, and be exposed to the same will and power with their captive enemies ? The Norman duke, more a conqueror of England, by his subjection to our laws, and pretence to a title by them, than of heraldry by his arms, used not the companions of his victory so ill : Natural right and humane pru- dence, oppose such doctrine all the world over ; for what is it but to say, that people free by law under their prince at home, are at his mercy in the plantations abroad ; and why ? because he is a conqueror there, but still at the hazard of the lives of his own people, and at the cost and charge of the public : We could say more, but choose to let it drop. But our case is better yet; for the king's grant to the Duke of York, is plainly restrictive to the laws and government of England, and that more than once, as is before expressed. Now the constitution and government of England, as we humbly conceive, are so far from countenancing any such authority, as it is made a fundamental in our constitution and government, that the King of England cannot justly take his subjects' goods without their consent . ' This needs no more to be proved, than a principle ; 'tis jus indigene, an home- born right, declared to be law by diverse statutes ; as in the great charter, ch. 29, and 34 Edward III., ch. 2 ; again, 25 Edward, ch. 7. Upon this were many of the parliament's complaints grounded; but particularly that of the same king's reign, at is delivered by Matthew Westminster, in these words :" [The manuscript copy whence this is taken, is here defaced : It contains a number of authorities from Bracton, Fortesque, the petition of right, &c.j " To give up this (the power of making laws) is to change the government, to sell, or rather resign ourselves to the will of another; and that for nothing : For under favour we buy nothing of the duke, if not the riyht of an undisturbed colo- nizing, and that as Englishmen with no dimunition, but expectation of some increase of those freedoms and privileges enjoyed in our own country ; for the soil is none of his, 'tis the natives', by the jus yen- UNITED STATES. b/3 tium, by the law of nations ; and it would be an ill argument to convert to Christianity, to expel instead of purchasing them out of those countries: If then the country be theirs, it is not the duke's; he can- not sell it ; then what have we bought ? We are yet unanswered in this point, and desire you to do it with all due regard to the great honour and jus- tice of the duke. If it be not the right of coloniz- ing there, which way have we our bargain, that pay an arbitrary custom, neither known to the laws of England, nor the settled constitution of New York, and those other plantations ? To conclude this point, we humbly say, that we have not lost any part of our liberty, by leaving our country ; for we leave not our king, nor our government, by quit- ting our soil ; but we transplant to a place given by the same king, with express limitation to erect no polity contrary to the same established govern- ment, but as near as may be to it ; and this varia- tion is allowed but for the sake of emergencies ; and that latitude bounded with these words, for the good of the adventurer and planter; which that ex- action of custom can never be, in that it not only varies to the discouragement and prejudice of the planter, but contradicts his native laws, rights and liberties, and lays a foundation for another sort of government than that which was only known to his fathers ; unto the just defence of which he is engaged by nature and municipal laws : So far the point of law. " We shall now insist upon the equity of our case : First, This very tax of five per cent, is a thing not to be found in the duke's conveyances, but an after-business ; a very surprize to the planter, and such an one, as could they have fore- seen, they would have sooner taken up in any other plantation in America. In the next place, " 2. New Jersey never paid custom before last peace, and that peace re-invests every proprietor by articles. Now we bought it when free, since which time this imposition is born ; must we be subjected to the payment of one tax, of greater value than the country ? This in plain English, is under another name, paying for the same thing twice over; nay, had the soil been purchased of the Indians, by those of whom we bought it, and given us ; it had been dearly accepted, upon this condition, and with this incumbrance ; but it was bought by us, and that for a valuable consideration here ; and is now pur- chased again of the natives there too ; this makes our case extreme hard, and we pray relief. " 3. Custom in all governments in the world, is laid upon trade, but this upon planting is unprece- dented. Had we brought commodities to these parts to sell, made profit out of them, and returned to the advantage of traders ; there had been some colour or pretence for this exaction ; but to require and force a custom from persons for coming to their property, their own terra firma, their habita- tions ; in short, for coming home, is without a paral- lel ; this is paying custom not for trading, but landing; not for merchandizing, but planting; in very deed for hazarding ; for there we go ; carry over our families and estates ; adventure both for the improvement of a wilderness, and are not only told we must pay hereafter out of our gains and improvements, but must pay out of our poor stock and principal, (put into goods) five pounds in the hundred; and not as they are there worth, but as they here cost ; and this for coming to plant : So that the plain English of the tragedy is this, we twice buy this moiety of New Jersey, first of Lord Berkeley, and next of the natives ; and what for ? the better to mortgage ourselves and posterity to the duke's governors, and give them a title to our persons and estates, that never had any before. But pray consider, can there be a house without a bottom ; or a plantation before a people ? if not, can there be a custom before a trade ? Thus much for the equitable part of our plea ; the next and last, is the prudential. We do offer several things in point of prudence, why the duke should desist from the exaction : First, there can be no benefit to a prince in America, there can be no trade, without a people ; there will be no people where there is no encouragement; nor can there be any encouragement where people have not greater privileges by going than staying; for if their condition be not meliorated, they will never forego the comfort of their kindred they must leave behind them, nor forsake their native country, run the hazard of the seas, nor lastly, expose them- selves to the wants and difficulties of a wilderness ; but on the contrary, if they have less privileges there than at home, 'tis every way to worst them- selves to go ; for they do not only pay custom here for going, but there for arriving: which is not done in any other plantation, even when our men go to merchandize and not to plant, which is our case. Besides there is no end of this power; for since we are by this precedent, assessed without any law, and thereby excluded our English right of common assent to taxes ; what security have we of anything we possess ? we can call nothing our own, but are tenants at will, not only for the soil but for all our personal estates ; we endure penury and the sweat of our brows, to improve them at our own hazard only. This is to transplant, not from good to better, but from good to bad ; this sort of conduct has de- stroyed government, but never raised one to any true greatness ; nor ever will in the duke's terri- tories, whilst so many countries equally good in soil and air, surrounded with greater freedom and secur- ity. Whereas if the duke please to make all planters easy and safe in their liberty and property, such a just and free government will draw in other places, encourage persons to transplant into his country, and his disbursements will soon be at an end ; his revenues, with satisfaction to the people, presently visibly augmented. Next this encouragement will bring shipping and seamen, which not only takes off abundance of idle people, but our native growth and manufacture, and the export, of them; and the import of the produce of these plantations, will in a little time overflow, and advance the revenue of the crown. Virginia and Barbadoes are proofs unde- niable in the case. " Lastly, the duke's circumstances, and the people's jealousies considered, we humbly sub- mit it, if there can be in their opinion, a greater evidence of a design to introduce an ur.li- mited government, than both to exact sue h an un- terminated tax from English planters, and to conti- nue it after so many repeated complaints ; and on the contrary, if there can be anything so happy to the duke's present affairs, as the opportunity he hath to free that country with his own hand, and to make us all owers of our liberty to his favour and justice ; so will Englishmen here Inow what to hope for, by the justice and kindness he shews to Englishmen there ; and all men to see the just model of his go- vernment in New York, to be the scheme and draught in little, of his ad ministration in Old Eng- land at large, if the crown should ever devolve upon 574 THE HISTORY OF AMERICA. his head. The conclusion is this, that for all these reasons in law, equity and prudence, alleged ; you would please to second our request to the duke, that like himself, he would void this taxation, and put the country in such an English and free condition, that he may be as well loved and honoured, as feared by all the inhabitants of his territory ; that being great in their affections, he may be great by their industry ; which will yield him that wealth, that parent of power, that he may be as great a prince by property as by title." That this custom was now taken off, will, among other things, appear by the following letter from Samuel Jenings, directed to William Penn, Edward Byllinge, or Gawen Lawrie. " Dear Friends, This may give you an account of mine and my families safe arrival in New Jersey, with all the rest that came with us. I might say something concerning our passage at sea, but I wave it for want of time, and in fine may observe all was well ; for which I bless God ; and the Lord keep us all sensible of it, with the rest of his mer- cies for ever. " Dear friends, about six weeks since, we arrived in Delaware river, where I expected to have met with a combat, in the denial of customs. In our passage at sea, I had communicated to all that had any con- siderable cargo on board, the opinion of council, concerning the illegal demand thereof, with what else I thought might be for their information ; which thus far prevailed, that most if not all concerned, seemed resolved to deny the paying of custom here; having paid all the king's duties in England. In good time we came to anchor in Delaware, where one Peter Alrick (who used to collect the customs) came aboard, and brought a handsome present to our commander, and sent for me into the round-house, where they both were, and Peter told me he had no- thing to say to us relating to customs ; he had no commission for it, nor did he he know of any body that had ; so we had all our goods safely landed after this unexpected easy manner. " In pursuance of the trust committed to me after my arrival, I acquainted those nominated in the commission with me of it ; but in a short time after I received your letters, giving an account of a new grant obtained, wherein the customs are taken off, a free port confirmed, and the government settled on Edward Byllinge ; which I doubt not will be very acceptable to every honest man ; but as yet I have not had time to let the people in general know it ; and now seeing the ports are made legally free, and the government settled, I would not have anything to remain as a discouragement to planters. Here are several good and convenient settlements already, and here is land enough and good enough ibr many more." Samuel Jenings. New Jersey, the 17th of October, 1680. The first form of government in West Jersey, under the proprietors. The first laws they made. The regu- lation relative to the partitioning of land. The western part of New Jersey was now become populous, by the accession of many settlers. Jen- ings, who arrived in the latter end of 1680, received a commission from Byllinge, (whom the proprietors in England, as mentioned before, had chosen go- vernor) to be his deputy. He called an assembly, and with them agreed upon certain fundamental prin- ciples for the government of the province as follows. " Province of West New Jersey, in America, the 25th of the 9th Month called November, 1681. " Forasmuch as it hath pleased God to bring us nto this province of West New Jersey, and settle us here in safety, that we may be a people, to the praise and honour of his name, who hath so dealt with us, and for the good and welfare of our posterity to come. We, the governor and proprietors, free- holders and inhabitants of West New Jersey, by- mutual consent and agreement, for the prevention of innovations and oppression, either upon us or our pos- terity, and for the preservation of the peace and tran- quility of the same ; and that all may be encouraged to go on cheerfully in their several places, we do make and constitute these our agreements, to be as fundamentals to us, and our posterity, to be held in- violable ; and that no person or persons whatsoever shall or may make void or disannul the same, upon any pretence whatsoever. " 1 . That there shall be a general free assembly for the province aforesaid, yearly and every year, at a day certain, chosen by the free people of the said province, whereon all the representatives for the said province shall be summoned to appear, to con- sider of the affairs of the said province, and to make and ordain such acts and laws as shall be requisite and necessary for the good government and pros- perity of the free people of the said province ; and (if necessity shall require) the governor for the time being, with the consent of his council, may and shall issue out writs to convene the assembly sooner, to consider and answer the necessities of the people of the said province. " 2. That the governor of the province aforesaid, his heirs or successors, for the time being, shall not suspend or defer the signing, sealing and confirm- ing of such acts and laws as the general assembly (from time to time to be elected by the free people of the province aforesaid) shall make or enact for the securing of the liberties and properties of the said free people of the province aforesaid. " 3. That it shall not be lawful for the governor of the said province, his heirs or successors, for the time being, and council, or any of them, at any time or times hereafter, to make or raise war upon any account or pretence whatsoever, or to raise any mi- litary forces within the province aforesaid, without the consent and act of the general free assembly, for the time being. " 4. That it shall not be lawful for the governor of the said province, his heirs or successors, for the time being, and council, or any of them, at any time or times hereafter, to make or enact any law or laws for the said province, without the consent, act and concurrence of the general assembly. And if the governor for the time being, his heirs or successors, and council, or any of them, shall attempt to make or enact any such law or laws, of him or themselves, without the consent, act and concurrence of the general assembly ; that from thenceforth, he, they, or so many of them, as shall be guilty thereof, shall upon legal conviction, be deemed and taken for ene- mies to the free people of the said province; and such act so attempted to be made, to be of no force. " 5. That the general free assembly, from time to time, to be chosen as aforesaid, as the representa- tives of the people, shall not be prorogued or dis- solved, before the expiration of one whole year, to commence from the day of their election, without their own free consent. " 6. That it shall not be lawful for the governor of the said province, his heirs or successors, for the ! time being, and council, or any of them, to levy or raise any sum or sums of money, or any other tax UNITED STATES. 575 whatsoever ; without the act, consent and concur- rence of the general Assembly. " 7. That all officers of state or trust, relating to the said Province, shall be nominated and elected by the general free assembly for the time being, or by their appointment ; which officer and officers, shall be accountable to the general free assembly, or to such as the said assembly shall appoint. " 8. That the governor of the province aforesaid, his heirs or successors, for the time being, or any of them, shall not send ambassadors, or make treaties. or enter into alliances, upon the public account of the said province, without the consent of the said general free assembly.. " 9. That no general free assembly hereafter to be chosen by the free people of the province aforesaid, shall give to the governor of the said province for the time being, his heirs or successors, any tax or custom for longer time than for one whole year. " 10. That liberty of conscience, in matters of faith and worship towards God, shall be granted to all people within the province aforesaid, who shall live peaceably and quietly therein ; and that none of the free people of the said province, shall be rendered in- capable of office in respect of their faith and worship. " Upon the governor's acceptance and perform- ance of the proposals herein before expressed, we the general free assembly, proprietors and freeholders oi the province of West New Jersey aforesaid, do ac- cept and receive Samuel Jenings, as deputy governor. In testimony whereof I have hereunto/put my hand and seal, the day and year above written."* " Samuel Jenings, deputy governor. Subscribed also " Thomas Olive, speaker." This assembly was held from the 21st till the 28th of November, and passed six and thirty laws (beside the above) many of which were repealed in a few years afterwards. The principal were to the follow ing effect. That it should be the business of the go- vernor and commissioners to see that all courts exe cuted their offices, and to punish such officers as should violate the laws. That lands legally taken up and held, planted and possessed seven years, shoulc" not be subject to alteration. That all offices of trus should subscribe to do equal right and justice. Tha no person should be condemned or hurt, without a trial of twelve men ; and that in criminal cases, the party arraigned to except against thirty-five, or more upon valid reasons. That in every court, three jus tices or commissioners at least, to sit and assist th jury in cases of law, and pronounce the judgments t( the jury. That false witnesses be fined, and dis abled from being after admitted in evidence, or int any public office in the province. That persons pro secuting for private wrong (murder, treason an theft excepted) might remit the penalty or punish ment either before or after condemnation. Tha juries should be summoned by the sheriff, and non be compelled to fee an attorney to plead his cause That all wills should be first proved and registered and then duly performed. That upon persons d^ intestate, and leaving a wife and child, or children the governor and commissioners for the time being should take security, that the estate should be dul; administered, and the administrator to secure two thirds for the child or children, the other to the wi dow ; where there was no children, one moiety o half the estate, was to go to the next of kin, th other half to the widow ; always provided, such estat exceeded one hundred pounds ; otherwise the widoA to have the whole ; and in cases of leaving children and no provision, the charge of bringing them up t e paid out of the public stock. That felons should make restitution fourfold, or as twelve of the neigh- ourhood should determine; and such as hurt or buse the person of any, to be punished according o the nature of the offence. That whosoever pre- umed, directly or indirectly, to sell any strong li- uors to any Indian or Indians, should forfeit for very such offence, the sum of three pounds. That en men from Burlington, and ten from Salem, hould be appointed to lay out and clear a road from iurlingtou to Salem, at the public expence. That wo hundred pounds should be equally levied and .ppropriated for the charges of government, upon the everal tenths, twenty pounds each ; every man to >e assessed according to his estate ; and all handi- rafts, merchants and others, at the discretion of the issessors. Persons thinking themselves aggrieved, ad the liberty of appealing to the commissioners of he tenth they belonged to. The following regulations elative to the possession of lands were also enacted. " The methods of the commissioners for settling nd regulation of lands. " We whose names are hereunder written, com- missioners nominated, elected, and chosen by the general free assembly, proprietors and freeholders of the province of West New Jersey, the 23d day of November last past, for the settling and regulat- ng of lands, and other concerns within the said province ; do, by and with the approbation and con- sent of the governor of the said province, and coun- cil, in pursuance of the said trust in us reposed, hereby fully agree upon these rules and methods hereinafter following (that is to say) : " 1. That the surveyor shall measure the front of the river Delaware, beginning at Assunpink creek, and from thence down to Cape May, that the point of the compass may be found for the running the par- tition lines between each tenth. " '2. That each and every tenth, or ten proprieties, shall have their proportion of front to the river De- laware, and so far back into the woods as will make or contain sixty-four thousand acres for their first settlement, and for the subdividing the Yorkshire and London two-tenths. " 3. To allow three thousand and two hundred acres where the parties concerned please to chuse it within their own tenth ; to be taken up according to the rules or methods following, viz. : One-eighth part of a propriety, and so for smaller parts, to have their full proportion of the said land in one place (if they please) and greater purchasers or shares not to exceed 500 acres to one settlement. " 4. All lands so taken up and surveyed, shall be seated within six months after it is so taken up ; and if the same shall not be seated within the said time, then such choice and survey shall be void, and the same lands shall be free for any other purchaser to take up ; provided he or they so taking up the same, do, or shall seat it within one month after it is so taken up. "5. That no person or persons shall take up lands on both sides of a creek, to one settlement, except the commissioners for the time being, shall see good cause for their so doing. " 6. That no person or persons shall have more than forty perches front to the river, or navigable creek, for each and every one hundred acres, ex- cept it fall upon a point, so that it cannot otherwise be avoided ; and in such cases it shall be left to the discretion of the commissioners then for the time being. " 7. That all lands be laid out on straight lines, 576 THE HISTORY OF AMERICA. that no vacancies be left between lands, but tha they be joined one seat to another, except the com missioners then for the time being, shall for goo causes order it otherwise. " 8. That all persons shall take their just propo tions of meadow, which shall be laid forth at the di cretion of the commissioners then for the time being "9. That all persons who are already seatet shall have liberty to make his settlement his choice if he please ; provided he or they observe and folio the rule or method herein prescribed. " 10. That every proprietor shall have 400 acre to a propriety, and so proportionably to lesser qua tities for their town lot, over and above their afore said 3,200 acres ; which may be taken any wher within their own tenth, either within or without th town bounds. " II. That no person or persons who have already taken up a town lot, shall have liberty to leave il and take a lot elsewhere ; but shall keep the sam he hath taken up as his town lot. " 12. That Thomas Wright shall keep his settle ment, containing 400 acres ; and that the cominis sioners for Yorkshire side, shall allow to the town bounds, 300 acres, to be taken up adjoining to th town bounds, on Lazy Point, in lieu thereof. " 13. That no purchaser shall take up more lam within the town bounds, than belongs to his town lot, by virtue of his purchase. " 14. That no person or persons (who are no purchasers to whom town lot or lots are given) shal dispose of, or sell his or their said lot or lots of land from their house or houses respectively ; and tha if any such person or persons as aforesaid, shall dis pose of, or sell such said lot or lots apart from hi: or their said house or houses, then such said sale o lot or lots shall be void and of no effect, and the same lot or lots shall from thence become forfeit, to the use of the town of Burlington, to be disposed o therein at the discretion of the commissioners then for the time being. " 15. That no person or persons from hence for- ward shall take up any land, without special order from two or more of the commissioners for the time being, first had and obtained. '16. That all and every settlement and settle- ments already made, which are not consonant and agreeable to the rules and methods aforesaid, shall be liable to regulation, according to the said rules and methods. " 17. That the proprietors who are yet remaining in England, shall have notice that we find it neces- sary for the speedy settlement of this province, and for the interest of all concerned therein, to allow to every propriety as aforesaid, 3,200 acres for our first choice ; and in case much people shall come, as may be reasonably expected, who have purchased no land in England, and desire to settle amongst us ; that then we reserve liberty to take up so much land more as shall fall to every propriety, not ex- ceeding 5,200 acres, which was allowed to us for our first settlement. Provided nevertheless, that none shall take up any proportion of land, but as they shall settle it, or cause it to be settled, which is to be done after the aforesaid 3,200 acres shall be justly taken up and settled. " 18. That all public highways shall be set forth, at any time or times hereafter, at the discretion of the commissioners for the time being, in or through any lands taken up, or to be taken up ; allowing the owners of such lands where such public high- ways shall be laid forth, reasonable satisfaction at the discretion of the commissioners, in lieu thereof. " 19. Yet nevertheless, it is hereby commanded and agreed by the authority aforesaid, that the rules and methods herein before agreed on, shall not make void or disannul all or any settlement or settlements heretofore made, in the Yorkshire tenth, who have seated according to a former agreement, viz., not having taken up more than fifty perches for each and every hundred acres on the river or navi- gable creek, and having kept their due breadth and bounds from the river or creek. " Signed and sealed the 5th of December, 1681, by Samuel Jenings, governor, Thomas Olive, Tho- mas Budd, Robert Stacy, Benjamin Scott, Thomas Gardiner, Daniel Wills, Mahlon Stacy, Thomas Lambert. " 20. That all persons who have already taken up any lands, within the first and second tenth in this province, shall bring in their deeds or writings, to shew their title to such lands as they have taken up, to Benjamin Scott, Robert Stacy, Thomas Budd, and Thomas Gardiner, on or before the 12th day of this instant January, next ensuing the day of the date hereof. " 21. That all person or persons hereafter to take up land within the said first and second tenth, shall first make application to the said Benjamin Scott, Robert Stacy, Thomas Budd, and Thomas Gardiner, or any two of them ; and shall also before the said commissioners solemnly declare and aver, upon the penalty of the law of perjury to pass against them, that the quantity or portion of land contained in their respective deeds or other writings, do really and in good conscience belong and appertain to him or them so requiring a warrant or warrants, for laying forth his or their land, so as the said com- missioners may be thereby satisfied with the just- ness of his or their title thereto ; then, and not be- fore, the said commissioners, or any two of them, shall and may grant out a warrant to the surveyor or his deputy, to lay out and survey the respective propor- tion of land to him or them due and appertaining, as aforesaid ; enjoining the surveyor or his deputy, o make return of his said warrant and survey, at he next court after such warrant granted, to be leld at Burlington; that the same maybe registered y order of the said court. " 22. That all proprietors and purchasers, within he said first and second tenths, shall and may have iberty to take his and their full proportions of land s before within is agreed upon, of the first and econd choice in one place ; provided he or they so oing take not up more than 500 acres of land in ne settlement. " Witness our hands and seals, the 14th day of be llth month, 1681, Samuel Jenings, governor, homas Olive, Robert Stacy, Thomas Budd, Daniel ^Vills, Thomas Gardiner, Benjamin Scott." inother ship arrives at West Jersey Proceedings of the general assembly of West Jersey Sir George Carteret's death Conveyance to the twelve eastern proprietors Their proposals and regulations in several respects; particularly in disposing of lands and building a toivn at Ambo point The twelve proprietors each take a partner, and thence are called the twenty -f our ; to whom the Duke of York makes a thiid and last grant The twenty-four establish the council of proprietors of East Jersey, on the footing it now is A general view of the im- provements in East Jersey, in 1682 A compendium of some of the jirst law s passed at Elizabeth-town UNITED STATES. 577 Doubts started whether the government of West Jersey was granted with the soil Jenings continued governor of West Jersey ; and laws passed there. In the year 1682, a large ship, of 550 tons bur- then, arrived at West Jersey, which got aground in Delaware bay ; where, after laying eight days, by a favourable wind and tide, it was got off; and coming up the river, landed her passengers, being 360 in number, between Philadelphia and Burling- ton on the Jersey shore. Their provisions being nearly exhausted, they sent ten miles to an Indian town near Rankokus creek, for Indian corn and pease. The chief of this tribe being then there, treated them kindly, and directed such Indians as had provisions, to bring it in next morning, who ac- cordingly brought plenty ; which being delivered and put in bags, the messengers took leave of the chief, who kindly ordered some of the Indians to carry their bags for them to their canoes. The assembly of West Jersey having, at their last sitting, adjourned to the 1st of February this year (1682) met ; but not being a full house, they adjourned to the 14th, and then dissolved them- selves without doing any business. Another being called, sat from the 2d to the llth of the month fol- lowing. The members returned by the sheriff for the respective tenths, to serve in this assembly, were, Thomas Olive, speaker, Mahlon Stacy, Joshua Wright, John Lambert, Thomas Lambert, William Emley, Godfrey Hancock, Daniel Leeds, Thomas Wright, Samuel Borden, Robert Stacy, Thomas Budd, Daniel Wills, sen., Thomas Gardi- ner, John Crips, John White, John Chaffin, Ber- nard Davenish, Isaac Marriott, William Peachy, William Cooper, Mark Newby, Thomas Thackery, Robert Zane, James Nevil, Richard Guy, Mark Reeves, Richard Hancock, John Smith, John Pledger, Edward Wade, George Deacon, and Samuel Hedge. Hitherto the members had been chosen by the electors from all the tenths indiscri- minately ; but this assembly declared it their judg- ment, and the judgment of those they represented, that the most regular method for preserving the liberty and property of the people by a free assem- bly, was, that such of the ten proprieties, as were now peopled, should each choose ten representa- tives (and the others also as they became peopled), and resolving, that twenty-four, the speaker one, should make the quorum, they chose the council, justices, commissioners for laying out land, and other officers. This done, the governor, council, and assembly, passed sundry laws; by some of which it was en- acted, that each of the ten proprietors should have liberty to sell as far as 500 acres of land, within their respective tenths, or take such other expedient as they should judge fit, for defraying the public charges, for the tenths respectively ; to which pur pose, Mahlon Stacy and Thomas Lambert were ap- pointed within the first or Yorkshire tenth ; Thomas Budd and Thomas Gardiner, for the second or Lon- don tenth ; William Cooper and Mark Newby for the third or Irish tenth ; and Samuel Jenings and Thomas Budd, within the remaining six tenths. As for J. Fenwick, who owned the other tenth, they seem not to have considered him. That the three pounds fine, formerly imposed on such as sold rum or other strong liquor to the Indians, should go one half to the informer, the other to the public stock, where the offence was given ; and that every foreigner offending therein, should forfeit five HIST. OF AMER. Nos. 73 & ?4. lounds, to be disposed of in like manner. That for he more convenient payment of small sums of money, Mark Newby's coppers, called Patrick's lalf-pence, should pass as half-pence current pay ; provided he gave security to the speaker, for the use )f the general assembly for the time being, that he, lis executors and administrators would change them on demand, and provided none were obliged to take more than five shillings in one payment. That for preventing clandestine and unlawful marriages, justices should have power to solemnize them, the parties having first published their intentions four- teen days in some public place appointed for that purpose ; any justice presuming to marry without the consent or knowledge of parents or trustees (if such consent could be reasonably obtained), was to be fined at the discretion of the general assembly ; of which marriage the register was to make public entry of the day it was solemnized ; the births of children, and decease of all persons, were also to be entered in the public register of the respective tenths ; and for preventing differences between masters and servants, where no covenants were made, all servants were to have, at the expiration of their service, according to the custom of the country, ten bushels of corn, necessary apparel, two hoes and an axe. That all servants of full age, com- ing into the province without indentures, or other agreements, should serve four years, from the ship's entry, (to take which entries custom-house officers were before appointed,) and that all under the age of one-and-twenty years, who came without inden- tures, should within three months after their arrival, be brought to the court, in the district where the party resided ; which court was to appoint the time of servitude. That for preventing deceits, lands should pay debts, where personal estates were insuf- ficient. That for encouragement of building a saw- mil], one thousand acres should be sold to William Frampton, to accommodate him with land for that purpose ; and more as the governor and commis- sioners should judge convenient. That for the bet- ter settling and confirmation of lands, six of the commissioners, with the governor, should (where there was occasion) make an inspection into such as were or should be taken up; that on finding these legally located, they might after public notice in the court, and no just reason to the contrary, con- firm the same at the next court. That there should be four courts of session held at Burlington and Salem yearly. That the twenty pounds formerly granted the governor, the five pounds to the speaker, and the five pounds to the clerk, should be raised by tax; nine pounds six shillings and eight-pence by the Yorkshire, London, and Salem tenths each, and forty shillings by the third tenth ; the whole, being thirty pounds, was to be delivered to Thomas Budd and Thomas Gardiner, in skins, corn, or money; and the remainder of the two hundred pounds, formerly directed to be raised to defray the charges of government, to be a debt due from the other proprieties. The representatives of West Jersey were still an- nually chosen ; and continued to be so until the surrender of the proprietary government, in 1702. The council, (who were justices ex-officio,) justices of peace, and inferior officers of government, were chosen by them ; the governor was appointed by the proprietors, who governed them by a deputy, till the succeeding year ; when the assembly, under- standing that Byllinge, for some selfish reasons, in- clined -to turn Jenings out, who had hitherto been 3 k 578 THE HISTORY OF AMERICA. deputy governor, to the general satisfaction of the go- verned ; they undertook, by their choice, to continue him governor of the province, pretending a right to do this, because in the constitutions, power was given to six parts in seven of the assembly, to make such alterations for the public good, (the* laws of liberty of conscience, of property, of yearly assemblies, of juries, and of evidence, excepted) as they found ne- cessary ; and that no advantage might be taken of such judicial proceedings, as had not been exactly agreeable to the concessions, they confirmed and ratified them all. About this time, the settlers in many parts were exceedingly distressed for food; and several were only supported by what they could procure with their guns ; which, as powder and shot were some- times very scarce, was but a precarious supply. Sir George Carteret, sole proprietor of East Jer- sey, who died in 1679, had, by will, ordered that province to be sold, to pay his debts ; which was done accordingly, by his widow and executors, by indenture of lease and release, bearing date the 1st and 2d of February, 1681-2, to William Penn, Robert West, Thomas Rudyard, Samuel Groome, Thomas Hart, Richard Mew, Thomas Wilcox, of London, goldsmith, Ambrose Rigg, John Haywood, Hugh Hartshorne, Clement Plumsted, and Thomas Cooper, their heirs and assigns ; who were thence called " the twelve proprietors." They being toge- ther so seized, in this year (1682) published an ac- count of the country, together with a fresh project for a town, and their method of disposing of their lands. Their plan was popular, and took much, espe- cially among the Scotch, of whom many had already arrived : and in this and some of the immediately succeeding years, came many more. Among them was George Keith, who some time after became surveyor-general, and was accounted exceedingly skilful. The twelve proprietors did not long hold the pro- vince to themselves, but by particular deeds, took each a partner: their names were, James Earl of Perth, John Drummond, Robert Barclay, Robert Gordon, Aarent Sonmans, Gawen Lawrie, Edward Byllinge, James Braine, William Gibson, Thomas Barker, Robert Turner, and Thomas Warne; these with the other twelve, were subsequently called " the twenty-four proprietors." To them the Duke of York made a fresh grant of East New Jersey, bearing date the 14th of March, 1682. This was the duke's third and last grant of East Jersey ; soon after which, the twenty-four proprie- tors, by an instrument under most of their hands, established " a council of proprietors ;" and gave them power to appoint, oversee, and displace all offi- cers necessary for the management of their property ; to take care of all lands belonging to the general proprietors; to demise them for terms of years, and to appoint dividends ; to examine the rights of the particular proprietors who demanded their shares of those dividends, and to grant warrants to the sur- veyor-general (whom they chose themselves) for the appropriating the quantity of acres due to such share ; to sue trespassers upon the general proprie- tors' land ; and in general, to manage the affairs which related to the general proprietors. This c ouncil always to consist of at least one-third of the general proprietors, or their proxies ; and to have two general meetings yearly, at Perth Amboy ; uhichwere at first held immediately after the su- pi erne courts there, but were afterwards altered to the first Tuesday iu April,. and secopd in September. The province of East New Jersey was now tolera- bly settled; and it was reduced to some regularity, as appears from the following accounts, published by secretary Nicolls of New York, in 1682. Shrewsbury, near Sandy Hook, adjoining the river or creek of that name, was already a township, consisting of several thousand acres, with large plantations contiguous ; the inhabitants were com- puted to be about 400. Lewis Morris, of Barbadoes, had iron works and other considerable improvements here. Middletown was supposed to consist of 100 fami- lies ; several thousand acres allotted for the town, and many thousands for the several out-plantations : John Bowne, Richard Hartshorne, and Nicholas Davis, had each well improved settlements here ; a court of sessions was held twice or thrice a-year, for Middletown and Piscataway, and their jurisdictions. Several plantations were settled on the north side of Rariton river, below Piscataway ; several also higher up Rariton, and about the Falls ; among which John Palmer, of Staten Island. Thomas Codrington, John Robinson, White and company, and Edsall and Company, of New York, and captain Corsen, had settlements ; some land was likewise located by Millstone river, up Rariton, supposed to be near the division line. Woodbridge had several improved plantations in it, and the country round ; Delaplairs, the surveyor- general, was one of the settlers here. This town claimed more privileges than others ; was incorpo- rated by charter, and had erected a court-house and prison (such as they were). There were here about one hundred and twenty families ; a large quantity of land in the town, and for the plantations round, many thousand acres ; of which plantations there were several on the north side of the river that di- vides Elizabeth Town and Woodbridge. At the entrance of the creek, on the north side, called Carteret' s Point, north of Staten Island, were other plantations, from Elizabeth Town to the bounds of New York. Within Elizabeth Town claim, was a settlement in partnership between the proprietor Carteret, and governor P. Carteret ; the latter had built a house and resided here ; the town was sup- posed to consist of one hundred and fifty families. On the north of Milford or Newark river, was a large tract belonging to Kingsland and Sanfoord. Higher up the river, another to captain Berrie ; who dividing it, several plantations were soon settled on it. Still further up the river, an island belonging to Christopher Hoogland, of Newark ; above that again was a large tract owned by Jacques Cartelayne, and partners ; who now made some settlement. These tracts were within the jurisdiction of Newark. New- ark was then said to be a compact town, consisting of about one hundred families. Near the mouth of the bay, upon the side of Over- prook creek, adjacent to Hackinsack river, several of the rich valleys were then settled by the Dutch ; and near Snakehill was a fine plantation, owned by Pinhorn and Eickbe ; for half of which, Pinhoru is said to have paid 5002. There were other settle- ments on Hackinsack river; and on a creek near it, Sarah Kiersted, of New York, had a tract given her by an old Indian sachem, for services in inter- preting between the Indians and Dutch, on which several families were settled. John Berrie had a large plantation, two or three miles above, where he then lived, and had considerable improvements ; as had also near him, his son-in-law Smith, and one Baker from Barbadoes. On the west side of the UNITED STATES. 579 'creek, opposite to Berrie, were other plantations ; but none more northerly. There was a considerable settlement on Bergen Point, then called Constable Hook, and first improved by Edsall, in Nicolls's time. Other small plantations were improved along Bergen Neck, to the east, between the Point and a little village of twenty families. Further along lived sixteen or eighteen families; and opposite New York, about forty families were seated ; southward from this, a few families settled together at a place called the Duke's Farm ; and further up the country, was a place called Hobuck, formerly owned by a Dutch merchant, who, in the Indian wars with the Dutch, had his wife, children and servants murdered by the Indians, and his house and stock destroyed by them ; but it was now settled again, and a mill erect- ed there. Along the river side, to the north, were lands settled by William Lawrence, Samuel Edsall and captain Beinh'eld ; and at Haversham, near the High Lands, governor Carteret had taken up two large tracts ; one for himself, the other for Andrew Campyue and company ; which were now but little improved. The plantations on both sides of the Neck, to its utmost extent, as also those at Hackin- sack, were under the jurisdiction of Bergen Town, situate about the middle of the Neck ; where was a court held by select men or overseers, consisting of four or more in number, as the people thought best, chosen annually to try small causes, as had been the practice in all the rest of the towns at first. Two courts of sessions were held here yearly, from which, if the cause exceeded twenty pounds, the party might appeal to the governor, council and court of deputies or assembly. Bergen, a compact town, which had been fortified against the Indians, contained about seventy families ; its inhabitants chiefly Dutch, some of whom had been settled there upwards of forty years. Upon the whole there were at this time supposed to be about seven hundred families settled in the towns of East Jersey ; which, reckoning five to a family, were 3500 inhabitants; besides the out-plantations, which were thought to contain half as many more, though these could not be so well guessed at. P. Cavteret continued governor of East Jersey after the quint-partite division, till about the year 1681. His salary was generally 50/. a-year, paid in country produce, at prices fixed by law, and some- times four shillings a day besides, to defray his charges while a sessions was held ; the wages of the council and assembly during their sitting in legisla- tion, was, to each member three shillings a day. The rates for public charges were levied at two shil- lings per head for every male above fourteen years old. The council in 16G8 consisted of six, viz. Nicho- las Verlet, Robert Bond, Robert Vanquellin, Daniel Pierce, Samuel Edsall, William Pardon. The assembly then consisted of twelve; the first meu-.bers amounted only to the ten following : Cas- per Steenmets, Baltazar Bayard, for Bergen. John Ogden, sen., John Brackett, for Elizabeth Town. Robert Treat, Samuel Svvarne, for Newark. John Bishop, Robert Dennis, for Woodbridge. James Grover, John Bound, for Middle town and Shrews- bury. The sessions were mostly held at Elizabeth Town, but sometimes at Woodbridge, and once or more at Middletown and Piscatawa. Some of the first laws as published by the legislature at Elizabeth Town, were to the following effect. That persons resisting authority, should be punished at the discretion of the court. That men from 16 to 60 years of age, should provide themselves with arms, on penalty of one shilling foi the first week's neglect, and two for every week after. That for burglary or highway robbery, the punishment should be, for the first of- fence, burning. in the hand ; for the second, in the forehead; in both, to make restitution ; and for the third offence, death. For stealing, for the first of- fence, treble restitution ; and the like for the second and third offence, with such increase *of punishment as the court saw cause, even to death, if the party appeared incorrigible; but if not, and unable to make restitution, they were to be sold for satisfac- tion, or to receive corporal punishment. That con- spiracies or attacks upon towns or forts, should be death. That undutiful children, smiting or cursing their father or mother, except provoked thereunto for self-preservation, upon complaint of, and proof from their parents, or either of them, should be pu- nished with death. That in case of adultery, the party to be divorced, corporally punished or ba- nished, or either, or all of them, as the court should judge proper. That for night-walking and revelling after the hour of nine, the parties to be secured by the constable or other officer till morning, and then not giving a satisfactory account to the magistrate, to be bound over to the next court, and there receive such punishment, as should be inflicted. That the meeting of the assembly should be always on the first Tuesday in November, yearly, and oftener, if the governor and council thought neces- sary ; and that they should fix the governor's salary; the deputies of each town to be chosen on the 1st of January, according to the concessions ; any de- puty absenting himself at such times, was to be fined 40s. for every day's absence. That 301. should be levied for provincial charges, i. e. 5/. to be paid by each town. That in winter, wheat should be five shillings a bushel; summer, four and sixpence, pease at three shillings and sixpence, Indian corn at three shillings, rye at four shillings, barley at four shillings, beef at two-pence halfpenny per pound, and pork at three-pence halfpenny. That no son, daughter, maid, or servant, should marry without the consent of his or their parents, masters or over- seers, without being three times published in some public meeting or kirk, near the party's abode, or notice being set up in writing at some public-house near where they lived, for fourteen days before ; then to be solemnized by some approved minister, justice or chief officer, who, on penalty of 20/., and to be put out of office, were to marry none who had not followed those directions. That fornication should be punished at the discretion of the court, by marriage, fine, or corporal punishment; and that no life should be taken but by virtue of some law, and the proof of two or three witnesses. There being doubts started, whether the govern- ment of West New Jersey had been granted with the soil, and reports to that effect being industriously spread in the province, as well as in England, to the prejudice of the possessor's title, as was ima- gined ; the assembly in the spring this year (1682) thought it their business to obviate this, and other points, by unanimously resolving, as to the first, " That the land and government of West New Jer- sey were purchased together." And that as to the question, -' Whether the concessions agreed upon by the proprietors and people, and subscribed in London and West Jersey, were agreed upon to be the fundamentals and ground of the government of West New Jersey, or not? Resolved in the affirmative, nemiue contradicente : onlv John Feuwiek oxcepted 3K2 580 THE HISTORY OF AMERICA. his tenth ; which he said at that time was not under the same circumstances, but now freely consenteth thereto." Jenings was at this assembly chosen governor, having hitherto acted as Byllinge's deputy. The commissioners and other officers of government, being also chosen, they severally took their qualifi- cations; and having agreed that the governor should be chairman, or speaker ; that he should sit as a member with them, and they together with the coun- cil, and that the chairman should have a double vote, passed sundry laws, among which was the following: " And whereas it hath pleased God, to commit this country and province into the hands of such who (for the generality of them) are fearing God, and painful and industrious in the promoting and improving the said province ; and for the better preventing of such as are profane, loose, and idle, and scandalous, from settling amongst us, who are, and will be, not only unserviceable, but greatly bur- thensome to the province : It is therefore hereby enacted by the authority aforesaid, that all person j and persons, who shall transport him or themselves j into this province, shall, within eighteen months \ after he or they shall arrive in the said province, procure and produce a certificate, under the hands ; of such of that religious society, to whom he or they ] did belong, or otherwise from two magistrates (if , procurable), or two constables or overseers of the j poor, with three or more creditable persons of the ; neighbourhood, who inhabit or belong to the place where he or they did last reside, as may give satis- ' faction (that is to say), that he or they came not ; clandestinely or fraudulently away ; and if unmar- ! ried, that he or she are clear from former engage- ; ments in that particular ; and also, that he or she ; are such as live soberly and honestly, to the best of! their knowledge; and that no justice shall presume to marry any such person or persons, who shall \ come into this province, before such certificate be ! produced; or that it be laid before the governor or two justices, and give them sufficient satisfaction \ concerning their clearness ; and that all such per- ! son and persons who shall settle in the said province, [ and shall refuse or neglect to produce such certifi- j cate as aforesaid, within the said eighteen months, shall be fined at the discretion of the governor and ' council of the said province, not exceeding 20/. ; the same to be levied by distress and sale on the of- fender's goods, and to be paid into the hands of the treasurer of the said province." Robert Barclay appointed governor of East Jsrsey, and T. Rudyard, deputy Letters from Rudyard, and I others, concerned in that settlement. We have seen that the Scotch had a considerable I share in the settlement of East Jersey, many of whom settled about Amboy, and up the Rariton. The twelve proprietors appointed Robert Barclay (author of the Apology,) governor for life ; and Tho- mas Rudyard (a lawyer or attorney in London, noted for his assistance at the trial of Penn and Mead,) deputy governor; which last arrived at his government the latter end of last, or beginning of this year (1683). His account of the country, soon after his arrival, may not be unacceptable. The following letters are given verbatim, as they are the best, and indeed only accounts that give an idea of the character and circumstances of the early settlers. It must be remembered, with regard to the style of composition, that most of the writers were quakera. "East Jersey, the 30th of the 3d month, called May, 1683. " Dear B. G. To be as particular in my turn, were but thy due, yet I cannot promise so much ; however, I may give thee some general account of the province, and of our satisfaction with our pre- sent lot, the short time I have experienced this : but to give thee also, as thou desires, a character of Pennsylvania and West Jersey, that will be a task I must be excused to undertake, lest I give offence, or at least bring me under censure as partial. Were I not concerned in any of the provinces, I might satisfy thy curiosity ; but being chiefly interested in this, I'll be very cautious meddling with my neigh- bours, more than here, one with another ; so I may use my freedom with my neighbours, which they take not ill, but not write what may be taken other- ways. They lie so near adjacent, that they may be said, in a sense, to be but one country ; and what's said for one, in general may serve for all. I have been at Burlington, and at Pennsylvania, as far as Philadelphia, which lies about* twenty miles below Burlington : that journey by land gave me some view of all the provinces, and made me considerably to estimate this of East Jersey, having some con- veniencies esteemed by me, which the others are not so plentifully furnished withal, viz., fresh and salt meadows, which now are very valuable ; and no man here will take up a tract of land without them, being the support of their stock in winter, which other parts must supply by store, and taking more care for English grass. But know, where salt marshes are not, there is no musketoes, and that manner of land the more healthy ; and this was often answered me, when I have been making comparisons. I must tell thee their character in print, by all that reads it here, is said to be modest, and much more might have been said in it's commendation. We have one thing more particular to us, which the others want also, which is vast oyster banks, which is con- stant fresh victuals, during the winter, to English as well as Indians ; of these there are many all along our coasts from the sea as high as against New York, whence they come to fetch them ; so we are supplied with salt fish at our doors,or within half a tide' s passage; and fresh fish in abundance, in every little brook, as pearch, trout, eels, &c., which we catch at our doors. Provisions here are very plentiful, and people ge- nerally well stocked with cattle. New York and Burlington have hitherto been their market; few or no trading men being here in this province : I be- lieve it hath been very unhappy heretofore, under an ill-managed government; and most of the people are such who have been invited from the adjacent colonies, by the goodness of its soil, and convenient situation. At Amboy we are now building some small houses, of 30 feet long and 1 8 feet broad, fit- ting to entertain workmen, and such who will go and build larger. The stones lie exceeding Well and good up the Rariton river a tide's passage, and oyster shells upon the point, to make lime withal ; which will wonderfully accommodate us in building good houses cheap warm for winter, and cool for summer; and durable covering for houses are shingles, oak, chesnut, and cedar ; we have plenti- ful here of all the last endures a man's life, if he lives to be old. There are five or six saw-mills going up here this spring; two at work already, which abates the price of boards half in half, and all other timber for building ; for although timber costs no- thing, yet workmanship by hand was London price, or near upon it, and sometimes more ; which these UNITED STATES, 581 mills abate ; we buy oak and chesnut boards no cheaper than last year. My habitation with Samuel Groome is at Elizabeth Town, and here we came first ; it lies on a fresh small river ; with a tide, ships of 30 or 40 tons, come before our doors. Through- out this town is good English grass, and bears a very good burthen. We cannot call our habitations solitary ; for, what with the public employ, I have little less company at my house daily than I had in George Yard, although not so many passers by my doors. The people are generally a sober professing people, wise in their generation, courteous in their behaviour, and respectful to us in office among them. As for the temperature of the air, it is wonderfully suited to the humours of mankind, the wind and weather rarely holding in one point, or one kind, for tea days together ; it is a rare thing for a vessel to be wind-bound for a week together, the wind seldom holding in a point more than 48 hours; and in a short time we have wet and dry, warm and cold weather, which changes we often desire in England, and look for before they come ; yet this variation creates not cold, nor have we the tenth part of the colds we have in England: I never had any since I came, and in the midst of winter and frosts, could endure it with less cloaths than in 'England, for ge- nerally I go with the same cloaths I used to wear in summer with you, but warm cloaths hurt not. I bless the Lord, I never had better health, nor my family; my daughters are very well improved in that respect, and tell me they would not change their place for George Yard, nor would I. People here are generally settled where the tide reaches ; and although this is good land and well timbered, and plentifully supplied with salt marsh, yet there is much better land up higher on the river, where they may go up with small boats, where many now are settling. There's extraordinary land, fresh meadows overflowed in the winter time, that pro- duces multitudes of winter corn ; and it's believed will endure twenty, thirty, or fifty years ploughing, without intermission, and not decay. Such land there is at Esopus, on Hudson's river, which hath bore winter corn about twenty years without help, and is as good as at first, and better. William Penn took a view of the land this last month when here, and said he had never seen such before in his life. All the English merchants, and many of the Dutch, have taken, and are desirous to take up plantations with us : our country here, called Ber- gen, is almost Dutchmen; at a town called New- ark, seven or eight miles hence, is made great quantities of cider, exceeding any we can have from New England, Rhode Island, or Long Island. I hope to make twenty or thirty barrels out of our orchard next year, as they have done who had it before me; for that, it must be as Providence or- ders. Upon our view and survey of Amboy point, we find it extraordinary well situate for a great town or city, beyond expectation ; at low water, round about the point, are oysters of two kinds, small as English, and others two or three mouth- fulls, exceeding good for roasting and stewing ; the people say, our oysters are good, and in season all summer; the first of the third month I eat of them at Amboy very good. The point is good lively land, ten, some places twenty foot above the water mark. About it are several coves, where vessels may lay up conveniently ; besides, great ships of any burthen may all ride before the town, land-locked against all winds ; there Rariton river runs up, or rather down, 50 for larger some say 100 miles, for small boats. I saw several vines upon the point, which produces, as they say, good grapes in their season ; this country is very full of them, but being not pre- sent profit, few regard them more than to pick them as they lay in their way, when they are ripe. We have store of clams esteemed much better than oysters; on festivals the Indians feast with them; there are shallops, but in no great plenty. Fish we have great store, as our relation sets forth ; but they are very good when catchcd (as the proverb is). I have several barrels by me now, which are good for our table and for sale. I brought a sea net over with me, which may turn to good account; sea nets are good merchandize here ; mine cost me about four or five pounds, and can have twenty pounds for it if I would sell it now. I may write of many such matters in our province, which may invite persons here ; but so am resolved to conclude, knowing that, in probability, there is not an indus- trious man, but by God's blessing may not only have a comfortable, but plentiful supply of all things necessary for this life ; with the salutation of my true affection to all, &c., I rest thy affectionate friend. " Thomas Rudyard." Gawen Lawrie arrived this year (1683) as deputy- governor of East Jersey, under Robert Barclay, and chose a fresh council, of whom Richard Hartshorne was one. There having been considerable disturb- ances in the province, especially about Middletown and Woodbridge, relating to town affairs ; their prudent conduct contributed to the quiet of the pro- vince. The two following letters, written soon after Lawrie's arrival, contain, as well his sentiments of the country, as some of the principal transactions of those times. Gawen Lawrie, to the proprietors at London. " Elizabeth Town, 1st Month 2d, 1684. " I took up several days with countrymen, and others, to view the ground and water ; at last I pitched upon a place, where a ship of 300 tons may ride safely within a plank length of the shore, at low water ; adjoining thereto is a piece of marsh ground, about twelve perches broad, and twenty perches long, and high land on each side like our quays by London bridge ; this may be eauly cut round, for small vessels to come to the quay, and lie safe. Round this island I set out lots, one acre a-piece, viz. four pole at the quay, and forty pole backward ; from thence along the river near half a mile. I laid out the like lots, very pleasant for situation, where they can see the ships coming in the bay of Sandy-hook, for near twenty miles ; the ships may ride along by the town, as safe as at London, just at the point by the town. Rariton river runs up by the country, a great way; there boats of forty tons may go ; and the river by the town goes to New York, Hudson's river, Long island, Staten island, and so to New England. There is no such place in all England, for con- veniency and pleasant situation : there are sixty lots upon the river, and forty backward between those and the river; and those backward, have a highway 100 feet broad ; where I have laid out a place for a market, with cross streets from the river to the market ; where the town houses are to be built. When this was done, I laid out 400 acres, to be divided into forty-eight parts, viz. thirty-six to each proprietor ; and those who have lots in the town, I grant them half lots in this ; to pay for the lots in the town, twenty pounds ; or if a half lot of thirty-six acres, forty pounds. I laid 400 acres to lie until the proprietors agree to divide it, as people 582 THE HISTORY OF AMERICA. come over. There are sixteen lots taken up by the Scotch proprietors; and eight lots by the proprie- tors that are here. There are twenty lots taken up in the town, by other people. I engage with all, that they shall build a house of thirty feet long, and eighteen broad, and eighteen feet high to the rais- ing ; to be finished within a year ; to pay for laying out, forty shillings a lot, and four pence per annum quit rent. There are several begun already to build. I have laid out forty or fifty acres for the governor's house. The highway and wharf between the river to be 100 feet broad; and to leave a row of trees along upon the river, before the houses, for shade and shelter, exceeding pleasant. I have agreed for two houses of like dimensions, to be built for the proprietors ; and also a house for the go- vernor, of sixty-six feet long, and eighteen broad ; if the quit rents come in, I intend three or four houses more for the proprietors. I can easily let them. This work took me up five weeks. After I had finished it, I set the people to work, Scottish and English, about fifty persons ; some preparing for building, others to clearing ground to get corn sown this spring. Then came in a boat privately to Elizabeth Town the 12th past. Next morning I went to New York to visit the governor; staid there two or three days ; he was very kind, and promised a fair correspondence ; so I did not pub- lish my commission until this day, before the coun- cil ; they have been kind and courteous. Now is the time to send over people for settling ; there are 30,000 acres of land in several places, belonging to the proprietors, formerly taken up by Carteret : so here is land enough. The Scots and William Dockwra's people coming now and settling, ad- vance the province more than it hath been ad- vanced these ten years. Therefore, forthwith send over some families and servants ; I shall presently set them out land, and it will bring in considerable profit, in a few years. Hero wants nothing but people. There is not a poor body in all the pro- vince ; here is abundance of provision ; pork and beef at two-pence per pound ; fish and fowl plenty. Oysters which I think would serve all England. Wheat four shillings sterling per bushel ; Indian wheat two shillings and six-pence per bushel : it is exceeding good for food every way, pnd two or three hundred fold increase. Cider good and plenty, for one penny per quart. Good drink that is made of water and molasses, stands in about two shillings per barrel, wholesome like our eight shilling beer in England. Good venison plenty, brought us in at eighteen-pence the quarter : eggs at three-pence per dozen. All things very plenty ; land as good as ever I saw : vines, walnuts, peaches, strawber- ries, and many other things plenty in the woods. The proprietors have 150 or 200 acres, three miles from the town, up Rariton river salt marsh, where I intend to let the people of Amboy cut grass for hay, until we otherwise order it by lots to them. I reckon there is laid out for the town, governor's house, and public highways, near or about 200 acres ; so there rests 1800 acres. I laid out 400 acres, as I said ; the rest to lie in common until divided : I have put two houses in repair, upon the river, called the point, two miles from Elizabeth Town ; have let one of them, with ten acres of pas- ture ground, and ten acres of woody ground, for seven years, at twenty-six pounds per annum ; the man to clear the ten' acres of woody ground, and make it fit for ploughing or pasture. I intend to let the other al*o, with some land. All the houses Were like to drop down ; all the land lying without fence ; and a barn quite fallen down, and destroyed . another without any cover ; and that other next to the house where I dwell, all to pieces ; and all the fences and out-houses were down, but repaired be fore I came. I am getting up a ferry-boat at Perth, for men and horses, to go and come to Bur- lington and Pennsylvania, and New York. Also I am treating with one, to set up a house midway to Burlington, to entertain travellers, and a ferry- boat to go to New York ; all which is for promot- ing Perth, that being the centre. Also you should give me power to set out a line, between the go- vernor of New York and us ; he calls on me for it, because several plantations on the river are settled, and we know not yet on what side they will fall ; so I cannot at present mention all particulars, which you must supply, by some general clauses or words ; for it is not possible for you to understand what is for the good of the province, as I do, that am here ; and be not sparing to send over people, it will bring you it again, with large profits ; for here is a gallant plentiful country, and good land. I have given you a large account of the little time I have been here. I have none to write for me, but you must send a copy of this to Scotland ; and with it your further instructions, to be signed and sent me forthwith. I will be bound till it come ; I rest your friend, sic subscribitur, Gawen Lawrie." The same to a friend in London. " East Jersey, 1st Month 26th, 1684. " I promised to write, but had not time till now; I shall give thee a brief account of the country, no fiction, but truth. It is beyond what I expected ; it is situate in a good air, which makes it healthy ; and there is great conveniency for travelling from places through and about the province, in boats from a small canoe, to vessels of thirty, forty or fifty tons, and in some places one hundred : in the bay coming up to Amboy-point, where the town of Perth is now in building, a ship of three hundred ton may easily ride close to the shore within a plank's length of the houses of the town ; and yet the land there, nor other in the province, is not low, swampy, marshy ground, but pretty high ground, rising from the water side at Amboy-point. The bank of the river is twenty feet, in some places thirty, and in some forty feet high ; and yet hath many conveniences for landing goods. The soil is generally black, in some places a foot deep, beareth great burdens of corn, and naturally bringeth forth English grass : two years ploughing, the ground is tender, and the ploughing is very easy. The trees grow generally not thick, but some places ten, in some fifteen, in some twenty-five or thirty upon an acre ; this I find generally, but in some particular places there is one hundred upon an acre ; but that is very rare. The trees are very tall and straight, the general are oak, beech, walnut; chesnuts and acorns lie thick upon the ground, for want of eating ; peaches, vines, strawberries and many other sorts of fruit grow commonly in the woods ; there is likewise gumtree, cedar, whitewood like our fir tree ; walnuts, chesnuts and others lie thick on the ground ; there is great plenty of oysters, fish, fowl ; pork is two pennies the pound, beef and venison one penny the pound, a whole fat buck for five or six shillings ; Indian corn for two shillings and six-pence per bushel, oats twenty-pence, and barley two shil- lings per bushel, We have good brick earth, and stones for building at Amboy, and elsewhere. The country farm houses are built very cheap A car- penter, with a man's own servants, builds the house; UNITED STATES 583 they have alt materials for nothing, except nails; their chimneys are of stones ; they make their own ploughs and carts for the most part, only the iron work is very dear. The poorer sort set up a house of two or three rooms themselves, after this manner; the walls are of cloven timber, about eight or ten inches broad, like planks, set one end to the ground, and the other nailed to the raising, which they plaster within ; they build a barn after the same manner, and these cost not above 5/. a piece ; and then to work they go. Two or three men in one year will clear fifty acres, in some places sixty, and in some more. They sow corn the first year, and afterwards maintain themselves ; and the increase of corn, cows, horses, hogs and sheep comes t"> the landlord. Several merchants of New York have left their several plantations there, to come to East Jersey, two or three may join together, with may be twelve, fifteen or twenty servants, and one overseer, which cost them, nothing for the first year, except some shoes, stockings and shirts. I have been to see these plantations, and find they have a great increase by them ; they maintain their families at New York with all provisions, and sell a great deal yearly ; and for servants, our English people are far better husbandmen than the New Englanumen ; the servants work not so much by a third as they do in England, and I think feed much better ; for they have beef, pork, bacon, pudding, milk, butter, and good beer and cider for drink; when they are out of their time, they have land for themselves, and generally turn farmers for themselves. Servants' wages are not under two shillings a-day, besides victuals; and at Amboy-point two shillings and six-pence per day. At Amboy we have one setting up to make malt, but we want a brewer ; I wish thou would scud over some to set up a brewhouse, and a bakehouse to bake bread and biscuit; for a biscuit-maker wemust have, to vend our meat to the plantations. Send over some husbandmen and country fellows that plough, sow, reap, thresh, and look after cattle ; a carpenter or two, and a smith for ploughs and horses ; and a cooper, which we want very much : if thou will send a dozen of servants, most of them countrymen, I will set thee out a gal- lant plantation of 500 or 1000 acres, on a river side ; but thou must send over some goods to stock it withal: I desire thee to encourage some of our friends, especially the proprietors, to send over some servants to stock some land; and when they have cleared it, if they have a mind to let it, here are tenants to take it, and if they will sell it, here are also purchasers. There is one man since I came here, sold his plantation for 1500/. ; the whole was 1600 or 1800 acres, whereof only 120 acres were cleared; upon which he had a house, garden, and orchard, and barn planted. I know several men who let cleared land at six shillings and eight-pence, and at ten shillings the acre, yearly rent; which is a good encouragement for sending over servants to plant : I write not this as an idle story, but as things really and truly are. I have sent for servants myself to settle a farm ; for if the proprietors will not do so, I see not what they can expect. The Scots have taken a right course, they have sent over many servants, and are likewise sending more ; they have likewise sent over many poor families, and given them a small stock ; and these families, some for seven, some for ten years, give the half of their increase to the landlord, except the milk, which the tenant hath to himself. I have set them out laud, and they are at work : I believe they will have forty acres cleared this spring and this summer : I am to set them out more, so that in a short time they will have a great increase coming in. This will raise the price of the land here, and is the reason that se- veral from New York bounds come to me to take up land, for they believe now this province will be im- proving, and our land is better than theirs ; that every proprietor's sending over ten people, will also be a great advantage to himself; encourage others to take up land and bring all the division that hath been here, to an end ; for these men seeing that they shall be balanced, are already more compliant than they were ; now I have laid these things before thee, and desire thee to impart them to some of the proprietors and other friends, that they may consider of the same. I am thy loving friend, sic subscribitur. " GAWEN LAWRIE." John Barclay, Arthur Forbes, and Gawen Lawrie,in answer to certain queries of the Scots proprietors, say, after describing the country, much in the same terms as the foregoing letters, "We shall now answer as far as we are capable, your queries. To the first we cannot positively give an account of the whole length and breadth of the province ; but we are informed that it is a great deal broader than ye expected ; for those that have travelled from the extent of our bounds on Hudson's river, straight over to the Delaware, say it is 100 miles, or upwards; we shall know that cer- tainly after a while ; for the line betwixt us and New York, is to be run straight over to Delaware river, about three weeks hence ; and after that the line betwixt us and West Jersey ; after which we shall be able to give a true account of the bounds of that province. " When the bounds are so exactly laid out, we can the easier guess at the number of acres, and by that time may be able to give an account what number of acres is already taken up ; but there is no fear of want of land. " The quantity of meadow ground, we cannot de- termine, having travelled as yet, but little in the province ; but wherever we have travelled there is meadow in abundance, both on the water sides and on the upland. " There is also other good ground in some places, great quantities free of wood, which is fit either for corn or grass ; and the ground all over brings forth good English grass naturally, after it is ploughed. " There are also commons upon the country, but what quantity we cannot tell ; there is little kept in them save wild horses, which the people take up when they have occasion : there is also land fit for pastur- age for sheep ; and there is sheep in the country, but what number the ablest planters have we know not, but some we see have good flocks. " An exact map of the country is not yet drawn, nor can you quickly expect it, for it will take up a great deal of time, charge, and pains to do it. " There are also hills up in the country, but how much ground they take up we know not ; they are said to be stony, and covered with wood ; and be- yond them is said to be excellent land. " There be people of several sorts of religions, but few very zealous ; the people, being mostly New England men, do mostly incline to their way ; and in every town there is a meeting-house, where they worship publicly every week. They have no public laws in the country for maintaining public teachers, but the towns that have them, make way within themselves to maintain them ; we know none that have a settled preacher, that follows no other em- ployment, save one town, Newark. ,84 THE HISTORY OF AMERICA " There are not many out-plantations that are not within the bounds of some town ; yet there are some, and those are the richest ; what number there are we know not ; some have great quantities of land, and abundance cleared. " The richest planters have not above eight or ten servants : they will have some of them a dozen cows, yea, some twenty or thirty; eight or ten oxen ; horses more than they know themselves, for they keep breeding mares ; and keep no more horses at home than they have occasion to work ; the rest they let run in the woods both winter and summer, and take them as they have occasion to use them. Swine they have in great flocks in the woods ; and sheep in flocks also ; but they let them not run in the woods, for fear of being destroyed by wolves. Their profit arises from the improvement of their land, and increase of their bestial. " There will be in most cf the towns already settled at least 100 houses, but they are not built so regular as the towns in our country ; so that we cannot compare them with any town we know in Scotland. Every house in the town hath a lot of four acres lying to it ; so that every one building upon his own lot, makes the town irregular and scattered. Their streets are laid out too large, and the sheep in the towns are mostly maintained in them ; they are so large that they need no trouble to pave them. " Betwixt Sandy Hook and Little Egg Harbour, lie two towns, Middletown and Shrewsbury. There is no land taken up that way, but what is (now) in the bounds of these two towns ; what kind of land it is we know not, having never travelled that way. Barnagat or Burning-hole, is said to be a very good place for fishing ; and there is some desiring to take up land there, who inform us that it is good land, and abundance of meadow lying to it. " There are no fishermen that follow only that trade, save some that go a whaling upon the coasts ; and for other fish there is abundance to be had every where through the country, in all the rivers ; and the people commonly fish with long sieves or long nets, and will catch with a sieve one, some- times two barrels a day of good fish, which they salt up mostly for their own use, or to sell to others. " There are no ships belonging to this province particularly, or built here, save one which Samuel Groome built here the last summer, which stands yet on the stocks (a stop being put to it by his death) ; there is conveniency enough to build ships. The ships in this part trade mostly to the West India islands, and some to Newfoundland, where the provision of this country vends. " There is land here in several places, after it is cleared and brought into a farm, set out for rents, as in our country, at five, eight, and ten shillings per acre, according to the goodness and situation of the said land; and those that will be at the charge to clear land, may get tenants to take upon these terms ; but whether it will turn to good ac- count or not, because little experienced as yet with the charge of clearing of land, we will not positively inform. " There are several places of the country fit for mills ; and several, both corn and saw mills, already set up, and good encouragement to set up more. "The acres are here reckoned according to the English account, sixteen feet to the rood ; twenty long and eight broad make an acre. One English butt of wheat, which is eight English gallons, or Scots quarts, commonly sows an acre ; two bushels of barley also an acre ; and two bushels of oats an acre and half. English peck, which is four English quarts or Scotch shopens of Indian corn, plants one acre. " There are but few Indian natives in this country, their strength is inconsiderable, they live in the woods, and have small towns in some places far up in the country; they plant a little Indian com, shoot deer and other wild beasts and fowls for their food. They have kings among themselves to govern them; for religion they have none at all; they do not refuse to sell lauds at occasion. The prices of grain and other provisions here at present : Indian corn two shillings and six-pence the bushel : wheat four shillings ; rye three shillings ; oats one shilling and eight-pence; beef one penny; pork two-pence; venison one penny; mutton three-pence the pound, this English measure and weight ; but mark, these things being valued in this country money, there is a fifth part difference betwixt it and sterling money; so that wheat being valued here at four shillings the bushel, is but three shillings and three-pence ster- ling, and so of the rest proportionably. " Here you have an account of things, as far as we are capable to give at present ; with which we hope you will be satisfied, while further opportunity and better experience give us occasion to write more ; and so we rest your friends and well-wishers to all our countrymen ; sic subscribitur, " Elizabeth-town, in East Jersey, the 29th of the first month, called March, 1684. " JOHN BARCLAY." " ARTHUR FORBES." " This I have heard read, and do also subscribe to the truth thereof, and rest, G. L." Manner of the West Jersey Government in 1684 Their unsettled state, and succession of governors- Danger of suffering for u-ant of food in 1687 The division line run by G. Keith; and agreement be- tween the governors Coxe and Barclay-^ Alteration in the manner of locating lands in West Jersey No person in We&t Jersey to purchase from the In- dians, without the consent of the council of propri- etors; and instructions respecting deeds and war- rants for taking up lands. The assembly of West Jersey at their meeting, th-e 20th of March, this year (1684), chose Thomas Olive governor, and chairman or speaker ; in both which capacities he now acted; the several branches of the legislature we have seen doing their business in common together ; the choice of the people being the foundation of the whole, whose representatives were distinctly returned from their respective first, second, third and Salem tenths, which were all the tenths yet settled. At their first meetings they chose the governor, council, commissioners to lay out land, and all the other officers of government. (1685.) Olive had been twice governor of West Jersey before, and continued on the last choice in that station for a year past; but Byllinge having desisted from the claims which the assembly and their constituents had thought unjust, and which bad been the cause of their undertaking in opposi- tion to him to choose the governor, and he in this year sending a fresh commission to John Skeine to be his deputy, the assembly and people submitted :o him, though they had before refused William Welsh in that capacity, while Byllinge continued, what they considered, his unjust claim. The year 1686 seems to have been a dangerous one in East Jersey, if the law then passed against wearing swords was properly founded. According UNITED STATES. 585 to that, several persons had received abuses, and were put in great fear from quarrels and challenges; to prevent which for the future, none were to give a challenge, upon pain of six months' imprison- ment, without bail or mainprize, and a ten pound fine ; whoever accepted or concealed the challenge, was also to forfeit ten pounds : no person was " to wear any pocket-pistols, skeins, stilladers, daggers or dirks, or other unusual weapons," upon pain of five pounds forfeiture for the first offence, and for the second to be committed; and on conviction, imprisoned for six months, and moreover to pay a fine of ten pounds : no planter was to go armed with sword, pistol, or dagger, upon penalty of five pounds. Officers, civil and military, soldiers in service, and strangers travelling upon lawful occa- sions, were excepted. The settlers in both West Jersey, and Pennsyl- vania, about the year 1687, were embarrassed on account of their crops having in great part failed ; several families were compelled to subsist on what could be spared by such of their neighbours as were better provided ; which was very little, in propor- tion to the quantity requisite. Some near the rivers had lived weeks upon fish, others were forced to put up with herbs; but unexpectedly, in the midst of their distress, a vessel arrived from New Eng- land, bound to Philadelphia, laden with corn, which proved an agreeable supply ; and this vessel meet- ing with so good a market, others soon followed ; so that the settlers were not afterwards exposed to such extremities. In this year, George Keith, surveyor-general of East Jersey, by order of the proprietors there, at- tempted to run the division line between East and West Jersey ; pursuant to an award on the terms established in the quintipartite deed. He began with a line from Little Egg- harbour, north by west, and three degrees five minutes more westerly, as the compass then pointed for a part ; the line he ran sixty miles in length, till he fell upon the corner of Dobie's plantation, on the south branch of Rariton. This, by order of the council of proprietors of West Jersey, was subsequently, about the year 1721, tra- versed by John Chapman, who was esteemed a care- ful surveyor ; and upon the computation it appeared, that the line at the time of his traverse, was north sixteen degrees and forty-three minutes west, which leaves a variation of two degrees and twenty three minutes' in that thirty-four years. The remaining part of Keith's line was from Dobie's plantation, along the rear of that and other tracts and planta- tions, as they were before patented and surveyed in right of the proprietors of the eastern division of New Jersey, until it intersects that part of the norlh branch of Rariton river, which descends from a fall of water, commonly called and known by the Indian name of Allamitung, then running from that point of intersection up the branch or stream of the fall of Allamitung. Upon the original running of this line, the western proprietors thought too much of their best lands were surveyed to the eastward j and were uneasy with it. In the autumn of 1688, the governors of East and West Jersey, on behalf of each division, entered into the following agreement. " London, September 5, 1688. " It is agreed this day, by Dr. Daniel Coxe, go- vernor of the province of West Jersey, on behalf of himself, and all the rest of the proprietors of that province, on the one part ; and Robert Barclay, go- vernor of the province of East Jersey, on behalf of himself and all the rest of the proprietors of that province, on the other part ; as followeth, viz. " For the final determination of all differences, concerning the deed of partition ; and all other dis- putes and controversies about dividing the lands, and settling the bounds between East and West Jersey. " 1. The line of partition run straight from Little Egg-harbour, to the most westerly corner of John Dobie's plantation, as it stands on the south branch of Rariton river, shall be the bounds so far between, East and West Jersey, and shall not be altered ; but remain as it stands, on a printed draught of the proprietors' lands, surveyed in East Jersey, and drawn by John Reid, and since printed. " 2. From thence to run along the back of the adjoining plantations, until it comes to James Dun- dass's plantation ; and from thence, at the most north-westerly part thereof, a line to lie down with a line on the back of those plantations, and so to run north-eastward, till it touch the north branch of Rariton river, as it is struck upon the map already ; but saving the plantations already laid out, to be within the line, if they happen to stand a little more westerly than that line is marked. " 3. From the north end of the line, where it touches Rariton north branch-; thence forward the largest stream or current of water belonging to the said north branch, shall be the bound or partition ; and so continuing along the same, unto the north end thereof, for the bounds so far. " 4. From the said north end of the branch, a short straight line to run to touch the nearest part of Passaick river ; and so following the course of that river, continuing Poquanick river, so long as it runs northerly or north-westerly ; those rivers still to be the bounds between both provinces ; and if Poquanick river do not run far enough to the lati- tude of forty-one degrees ; then from the said river, a straight line to be run northward to the latitude ; and that to be the utmost north partition point, and from the said point in a straight line due east to the partition point on Hudson's river, between East Jersey and New York: provided always, that all plantations and tracts of land, laid out and surveyed, before this agreement arrives in East Jersey, shall remain to the parties concerned ; and the partition shall so run as to include them within East Jersey bounds. " Lastly, Dr. Coxe doth covenant and promise, to make good the agreements above written, and warrant the title and quiet possession of all the lands so to be appropriated to the proprietors of East Jer- sey, according to the limits and bounds above-men* tioned, against all persons that shall or may pre- tend, or claim any interest to any of the said lands, as West Jersey proprietors. And Robert Barclay doth covenant and promise to make good the agree- ment above written, and warrant the title and quiet possession of lands, so to be appropriated, to the proprietors of West Jersey, according to the limits and bounds above-mentioned, against all persons that shall or may pretend or claim any interest to any of the said lands, as East Jersey proprietors. For performance of all and every the respective articles and covenants herein-mentioned, they do mutually bind themselves, each to the other, in the sum of 5,0001 , to be well and truly paid on the areach of any of the clauses and covenants, herein before-mentioned. In witness whereof, they ha /a nterchangeably set their hands and seals, the day 586 THE HISTORY OF AMERICA. and year first above written. " Robert Barclay." " Sealed and delivered in the presence of David Hewling ; Stephen Lucock." Notwithstanding this agreement, and that the parties at several times seemed desirous the line should be properly run out and fixed, the necessary preliminaries could never be sufficiently settled; those of East Jersey being thought by the western proprietors to have the advantage. In order to keep the transactions relative to the division line together, we have advanced a year. We must now return and notice the manner of lo- cating the proprietors' lands in West Jersey ; the divisions and sub-divisions of shares had multiplied demands, and introduced a necessity for other mea- sures than had been hitherto in practice ; accord- ingly in 1687, the proprietors found it expedient to appoint certain trustees and commissioners to settle their matters. On this arrangement afterwards was founded the constitution of " The Council of proprietors of West Jersey." The following minutes being some of their first enactments, will give an example of their powers and proceedings : " At a meeting of several proprietors of West Jersey, at Burlington, on the 6th day of the 7th month, anno domini 1688," amongst a variety of other matters, it is agreed, " That every proprietor, and every person interested in proprieties, shall pay to the use of Daniel Coxe, to any person appointed to receive it, as a reimbursement for the money laid out by him, in the Indian purchase lately made in the lower counties, the sum of twelve shillings and six-pence for every thousand acres, and so propor- tionably to be taken up out of that purchase ; the first year to begin the 1st day of April last past, and from that time twelve months to advance eighteen- pence upon every year ensuing, until the time that the money aforesaid be paid for ; the land to be laid out within the bounds of the same purchase, as consideration for the monies disbursed by the said Daniel Coxe in the said Indian purchase of the whole tract, which, by the surveyor Andrew Robe- son, is computed to be three hundred thousand acres of good land, capable and worthy of improvements ; which money being paid, the party so paying shall be acquitted of all other payments on the considera- tion aforesaid. " That the surveyor for the time being, be en- gaged not to set out any land within the limits of this Indian purchase, until the money abovemen- tioned be paid and secured as abovesaid. " And it is further agreed, that for the land taken tip by order of the said Dr. Coxe, above the falls of Delaware, every proprietor taking up any part thereof, shall pay to Dr. Coxe, or his order, the sum of twenty-five shillings per thousand acres, and two shillings and six-pence yearly consideration, till the money be paid. " It is agreed, ordered, and concluded by autho- rity of the council abovesaid, that Samuel Jenings be, and is hereby appointed commissioner, to exa- mine all deeds, taking a minute of the same, and issue warrants to the surveyor-general, for the sur- veying and taking up of lands ; keeping a record of the same, and this for the inhabitants within the county of Burlington, or to any others as occasion shall require. "And it is ordered, that for the support of the service, every warrant for land under one hundred acres shall pay the sum of one shilling ; and one hundred acres and above, under one thousand, shall pay the sum of cighteen-ponce ; and one thousand acres and upwards, shall pay th sum of two shil- lings and six-pence. "It is also ordered, that no person or persons whatsoever, shall presume to purchase any land from the Indians, without the consent of this council first obtained, otherwise to be prosecuted as our common enemy." " At a meeting on the llth of the 8th month : "Agreed and concluded, that all deeds granted only by Edward Byllinge, in and before the year 1682, shall be adjudged and esteemed insufficient for the commissioners to grant warrants upon." " Instructions for the commissioners to observe and follow, in their examining of deeds, and grant- ing of warrants for the taking up of lands. " 1. Agreed and ordered by the council aforesaid, that the commissioners grant no warrants but upon the producing of good deeds, authentic copies, or an extract of the record of such deed under the regis- ter's hand, &c. " 2. That all deeds granted only by Edward Byl- linge, in and before the year 1682, shall be accounted insufficient for the commissioners to grant warrants upon. " 3. That there shall be given a particular war- rant for every several deed, or particular purchase. "4. That the president of the council for the time being, shall, from time to time, grant warrants for the commissioners, for the taking up of their own lands. ;l 5. That, the commissioners shall not direct their warrants to the surveyor-general for the laying forth of his own lands, but to some other person, at the discretion of the commissioner that gives forth the warrant. "6. That every proprietor coming for a warrant, shall first sign to an instrument, to be presented to them for their compliance, to pay his and their re- spective and proportionable share of such incident charge, for the management of the proprietor's af- fairs ; as in the said instrument here following, may further appear. 'The form of the instrument to be signed by the proprietors before they have warrants granted for the taking up of their lands. ' We the subscribers having taken into considera- tion the necessity of the incident charges, that will attend the council of proprietors, in the employ and concern wherein we have placed and constituted them, for the carrying on and discharging of those inevitable charges that will follow upon the prosecu- tion of our affairs ; we do therefore hereby bind, and oblige ourselves, each for himself and not for one another, to comply with and pay our proportions respectively of the aforesaid charges, as our said council shall from time to time give us an account f, and find needful to be raised. In witness where- of we have hereunto set our hands, the &c." In the year 1691, Dr. Coxe conveyed the govern- ment of West Jersey and territories, to " The West Jersey Society," consisting of the following persons: Sir Thomas Lane, knt., Michael Watts, Edward Harrison, Thomas Skinner, James St. Johns, Ni- cholas Hayward, Mordecai Abbot, Nicholas Bat- ersby, Robert Curtis, John Juriu, Richard Bram- lall, Robert Mitchell, Charles Mitchell, James Boddington, John Gunston, Arthur Shallet, John Lamb, William Wightman, Joseph Brooksbank, William Thompson, Henry Harrington, John Love, Thomas Phipps, Isaac Cocks, John Sweetable, Tho- mas Bromfield, John Norton, Robert Hackshaw, UNITED STATES. 587 John Bridges, Joseph Paise, Edward llichier, Wil- liam Dunk, Edward Habberdfield, John Albersou, Edward West, Edward Pauncefort, Obadiah Bur- net, Francis Michel, Benjamin Steele, John Slaney, Nehemiah Ervving, John Wilcocks, Richard Mayo, Jonah Netteeway, William Brooks, Tracey Paunce- fort, Joseph Allen, and Richard Greenaway- A flood at Delaware falL Death and character of Thomas Olive Commotions in East and West Jer- sey Surrender of the two governments to Queen Anne Her acceptance, and commission to Lord Cornbury. The first settlers of the Yorkshire tenth in West Jersey, had several of them built upon the low lauds, near the falls of Delaware, where they had lived, and been improving for nearly sixteen years ; they had been told by the Indians, that their buildings were liable to be damaged by freshes, or springs, and the situation of the place must have made it probable. They had, however, got up several wooden tenements and outhouses, which in the spring were accordingly generally demolished. The snows suddenly melting above, caused an uncom- mon overflow of the river ; there have been many great floods since, but none quite so high ; it came upon them so unexpectedly, that many were in their houses surrounded with water, and conveyed to the opposite shore, by neighbours from thence, in canoes. The water continued rising till it reached the upper stories of some of their houses, then most, or all of them gave way, and were dashed to pieces ; many cattle were drowned; beds, kettles, and other fur- niture were picked up on the shores below ; the frights and damages were considerable ; two per- sons in a house, carried away by the sweeping tor- rent, lost their lives before they could be got out. This casualty taught the owners to fix their habita- tions on higher ground, and was what is commonly called " the great flood at Delaware falls." It was in the spring of this year that the proprietors of West Jersey first appointed Col. Andrew Hamil- ton to be their governor. And about this time also died Thomas Olive, who since the first settlement of West Jersey, had been a man of importance there; he came over one of the London commissioners in 1677, was sometime governor, in which station he behaved with great circumspection and prudence ; while a common magistrate he had a ready method of business, often performing the office with good ef- fect, without any ceremony, on the stumps in his mea- dows. He generally contrived to postpone sudden complaints, till deliberation had shown them to be justly founded, and then seldom failed of accommo- dating matters without much expense to the parties. He had been imprisoned and otherwise a sufferer for religion in England ; and by his preaching and writing, as well as other public and private conduct, had gained the general love and esteem. We have now arrived at the year 1701, a me- morable era in New Jersey, on account of the dis- turbances and confusions that agitated several par- ties, and caused a total change in the form of go- vernment. Each province had many and different proprietors, who promoted separate schemes and interests, which sometimes interfered with each other. To facilitate particular purposes, one party would have the choice and management of a go- vernor, while another refused any but of their own nomination, and a third objected to proposals from either. In such a state of affairs moderate councils could not be heard; a contaminating spirit of party and discord took place of order and peace; every expedient to restore union and regularity proved unsuccessful ; and faction prevailed, and particular animosities were nourished to that degree, that the delays of time seemed only to give opportunity of accumulating fresh occasions of disgust and uneasi- ness ; a detail of particulars would be an ungrateful, we hope an unnecessary task. The following in- stance may suffice as a specimen of the whole. Jeremiah Bass, (in the spring of 1698,) under a pretence of a commission he had received from some of the proprietors of East Jersey, with the king's approbation, superseded Andrew Hamilton, the then governor of both East and West Jersey ; but in the next year it appeared that Bass had not obtained the king's approbation of his commission, nor was it granted by enough of the proprietors to make it valid, which induced great numbers of the inhabitants to refuse obedience to him, and to the magistrates and officers by him appointed; some persons being imprisoned for refusing obedience, it was resented by others with great indignation, and feuds and confusion followed. To accommodate matters for the time, Andrew Hamilton was again appointed governor by a fresh commission from some of the proprietors ; but a great number re- fused obedience to him, and the magistrates and officers under him, in like manner, and for the same reasons as they had refused Bass and those he ap- pointed. The disorders in the Eastern division during this time, made such an impression on the minds of many, that they readily hearkened to overtures made for a surrender of the government to the crown. A considerable part of West Jersey was also, for similar reasons, disposed to a resigna- tion. The commotions in both, which had been in- creasing for some years, now seemed to be arrived to a crisis, and all things tended to a surrender of the powers of the government; which was at length brought about in the beginning of the next year. Meanwhile sundry petitions and remonstrances were sent home, complaining loudly of their grie- vances and confusions, and praying redress. And in 1702, a surrender was made to the queen, em- powering her to elect a governor, which was imme- diately accepted, and Edward Lord Viscount Corn- bury, grandson to the great Chancellor Clarendon, was appointed governor of New Jersey. His com- mission, as follows, we give, together with the in- structions, because they form, as it were, a new constitution for the province. " Anne, by the grace of God, of England, Scot- land, France, and Ireland, Queen, defender of the faith, &c. To our trusty and well beloved Edward Hyde, Esq., commonly called Lord Cornbury, greeting: Whereas in the government of that coun- try, which was formerly granted by King Charles II., under the name of Nova Csesaria, or New Jer- sey, and which has since been subdivided by the proprietors, and called East New Jersey, and West New Jersey, such miscarriages have happened, that the said country is fallen into disorder and confu- sion; which has accordingly been represented to our dearest brother the late king, in several peti- tions, memorials and other papers, signed by the general proprietors, and by great numbers of the inhabitants ; arid by means of that disorder the public peace and administration of justice, whereby the properties of our subjects should be preserved there, is interrupted and violated, and the guard and defence of that country so totally neglected, that the same is in imminent danger of being lost 588 THE HISTORY OF AMERICA. from the crown of England. And whereas the afore- said proprietors, being sensible that the said country, and our good subjects the inhabitants thereof, can- not be defended and secured by any other means than by our taking the government of the same under our immediate care, have executed and made a formal and entire surrender of their right, or pre- tended right and title, to the government of that country unto us. We therefore, reposing especial trust and confidence in the prudence, courage, and loyalty of you the said Lord Cornbury, out of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint, you the said Lord Cornbury, to be our captain-general and governor-in- chief, in and over the aforesaid country of Nova Caesaria, or New Jersey, viz. the division of East and West New Jersey, in America, which we have thought fit to re-unite into one province, and settle under one entire government. And we do hereby require and command you, to do and exe- cute all things in due manner that shall belong unto your said command, and the trust we have reposed in you, according to the several powers and direc- tions granted or appointed you by this present com- mission, and the instructions and authorities here- with given you, or by such further powers, instruc- tions or authorities as shall at any time hereafter be granted, or appointed you under our signet and sign manual, or by our order in our privy council, and according to such reasonable laws and statutes as shall be made and agreed upon by you, with the advice and consent of the council and assembly of our said province, under your government, in such manner and form as is hereafter expressed. And our will and pleasure is, that you the said Lord Cornbury, having after the proclamation of these cur letters patent, first taken the oaths appointed by act of parliament to be taken instead of the oath of allegiance and supremacy, and the oath men- tioned in an act, entitled, ' An act to declare the alteration in the oath appointed to be taken by the act,' entitled, ' An act for the further security of his majesty's person, and the succession of the crown in the protestant line, and for the extinguishing the hopes of the pretended Prince of Wales, and all other pretenders and their open and secret abettors, and for the declaring the association to be deter- mined ;' as also the test mentioned in the act of parliament made in the twenty-fifth year of the reign of King Charles II., entitled, ' An act for preventing dangers which may happen from popish recusants ;' together with the oath for the due exe- cution of the office and trust of our captain-general and governor-in-chief, in and over our said province of Nova Caesaria, or New Jersey, as well with re- gard to the equal and impartial administration of justice, in all causes that shall come before you, as otherwise ; and likewise the oath required to be taken by governors of plantations, to do the utmost that the laws relating to the plantations be observed; all which our council in our said province, or any three of the members thereof, have hereby full power and authority, and are required to administer unto you ; and in your absence our lieutenant-go- vernor, if there be any upon the place; you shall administer unto each of the members of our said council, as also to our lieutenant-governor, if there be any upon the place, as well the oath appointed by the act of parliament to be taken instead of the oath of allegiance and supremacy, and the oath mentioned in the said act, entitled,' ' An act to de- clare the alteration in the oath appointed to be taken by the act,' entitled, An act for the further security of his majesty's person, and the succession of the crown in the protestant line, &c.' as the fore- mentioned test, and the oath for the due execution of their places and trusts. And we do hereby give and grant unto you, full power and authority, to suspend any of the members of our said council from sitting, voting, and assisting therein, if you shall see just cause for so doing. And if it shall at any time happen, that by the death, departure out of our said province, or suspension of any of our said counsellors, or otherwise, there shall be want- ing in our said council, any three whereof we do appoint to be a quorum, our will and pleasure is, that you signify the same unto us by the first op- portunity, that we may under our signet and sign manual, constitute and appoint others in their stead ; but that our affairs may not suffer at that instant, for want of a due number of counsellors, if ever it should happen that there should be less than seven of them residing in our said province, we do hereby give and grant unto you the said Lord Corn- bury, full power and authority to choose as many persons out of the principal freeholders, inhabitants thereof, as will make up the full number of our said council to be seven, and no more ; which persons so chosen and appointed by you, shall be to all in- tents and purposes counsellors in our said province, until either they shall be confirmed by us, or that by the nomination of others by us, under our sign manual and signet, our said council shall have seven or more persons in it. And we do hereby give and grant unto you, full power and authority, with the advice and consent of our said council from time to time, as need shall require, to summon and call general assemblies of the freeholders and planters within your government, in manner and form as shall be directed in our instructions which shall be given you, together with this our commission. Our will and pleasure is, that the persons thereupon duly elected, by the major part of the freeholders of the respective counties and places so returned, and having before sitting taken the oaths appointed by act of parliament to be taken instead of the oaths of allegiance and supremacy, and the oath men- tioned in the aforesaid act, entitled, ' An act to de- clare the alteration in the oath appointed to be taken by the act,' entitled, 'An act for the further security of his majesty's person, and the succession of the crown in the protestant line, and for extinguishing the hopes of the pretended Prince of Wales, and all other pretenders, and their open and secret abet- tors, and for declaring the association to be deter- mined;' as also the afore -mentioned test; which oath you shall commissionate fit persons under our seal of Nova Csesaria, or New Jersey, to adminis- ter unto them, and without taking of which oaths and subscribing the said test, none shall be capa- ble of sitting though elected : shall be called and held the general assembly of that our province, and that you the said Lord Cornbury, by and with the advice and consent of our council and assembly, or the major part of them respectively, shall have' full power and authority to make, constitute and ordain laws, statutes, and ordinances, for the public poace, welfare and good government of our said province, and of the people and inhabitants thereof, and uch others as shall resort thereto, and for the benefit of us, our heirs and successors, which said laws, sta- tutes, and ordinances are not to be repugnant, but as near as may be, agreeable unto the laws and UNITED STATES. 589 statutes of this our kingdom of England; provided that all such laws, statutes, and ordinances, of what nature or duration soever, be within three months or sooner, after the making thereof, transmitted to us, under our seal of Nova Caesaria or New Jersey, for our approbation or disallowance of them, as also duplicates thereof by the next conveyance, or in case any or all of them being not before con- firmed by us, shall at any time be disallowed and not approved, and so signified by us, our heirs or suc- cessors, under our or their sign manual and signet, or by order of our or their privy council, unto you the said Lord Cornbury or to the commander-in- chief of our said province for the time being, then such and so many of them as shall be disallowed and not approved "shall from henceforth cease, de- termine, and become utterly void and of none ef- fect, anything to the contrary thereof notwithstand- ing. And to the end that nothing may be passed or done by our said council or assembly, to the preju- dice of our heirs and successors, we will and ordain, that you the said Lord Corubury, shall have and enjoy a negative power in the making and passing of all laws, statutes, and ordinances as aforesaid. And that you shall and may likewise from time to lime, as you shall judge it necessary, adjourn, prorogue and dissolve, all general assemblies. Our will and pleasure is, that you shall and may use and keep the public seal of our province of Nova Caesaria, or New Jersey, for sealing all things whatsoever that pass the great seal of our said province under your government. And we do further give and grant unto you the said Lord Cornbury, full power and authority, from time to time, and at all times here- after, by yourself, or by any other to be authorized by you in that behalf, to administer and give the oaths appointed by act of parliament, instead of the oath of allegiance and supremacy, to all and every such person and persons as you shall think fit, who shall at any time or times pass into our said pro- vince, or shall be resident or abiding there. And do further give and grant unto you, full power and authority, with the advice and consent of our said council, to erect, constitute, and establish such and so many courts of judicature and public justice within our said province under your government, as you and they shall think fit and necessary, for the hearing and determining of all causes as well crimi- nal as civil, according to law and equity, and for awarding execution thereupon, with all reasonable and necessary powers, authorities, fees and privi do hereby give and grant unto you, full power and authority, where you shall see cause, or judge any offender or offenders in criminal matters, or any fines or forfeitures due unto us, fit objects of our mercy, to pardon all such offenders, and to remit all such offences, fines and forfeitures, treasons and wilful murder only excepted ; in which case you shall likewise have power upon extraordinary occa- sions, to grant reprieves to the offenders, until and to the intent our royal pleasure may be known therein. And we do by these presents, authorise and impower you to collate any person or persons to any churches, chapels, or other ecclesiastical be- nefices within our said province, as often as any of them shall happen to be void. And we do hereby give and grant unto you the said Lord Cornbury, by yourself, and by your captains and commanders by you to be authorised, full power and authority to levy, arm, muster, command, and employ all per- sons whatsoever residing within our said province of Nova Caesaria, or New Jersey, and as occasion shall serve, them to transport from one place to another for the resisting and withstanding of all enemies, pirates, and rebels, both at sea and land, and to transport such forces to any of our plantations in America, if necessity shall require, for the defence of the same, against the invasion and attempts of any of our enemies, pirates and rebels, if there shall be occasion, to pursue and prosecute in or out of the limits of our said province and plantations, or any of them ; and if it shall please God them to vanquish, apprehend and take, and being taken, either according to law to put to death, or keep and preserve alive at your discretion, and to execute martial law in time of invasion, insurrection, or war, and to do and execute all and every other thing and things, which to any captain-general and governor-in-chief doth or ought of right to belong. And we do hereby give and grant unto you full power and authority, by and with the advice and consent of our said council, to erect, raise, and build in our said province of Nova Caesaria, or New Jersey, such and so many forts, platforms, castles, cities, boroughs, towns, and fortifications, as you, by the advice aforesaid, shall judge necessary, and the same or any of them, to fortify and furnish with ordinance, ammunition, and all sorts of arms fit and necessary for the security and defence of our said province ; and by the advice aforesaid, the same or any of them again to demolish or dismantle as may be most convenient. And forasmuch as leges belonging unto them ; and also to appoint many mutinies and disorders may happen, by per and commissionate fit persons in the several parts of your government, to administer the oaths ap- pointed by act of parliament to be taken instead of the oath of allegiance and supremacy, and the oath mentioned in the aforesaid act, entitled, ' An act to declare the alteration in the oath to be taken by the act,' entitled, ' An act for the further security of his majesty's person, and the succession of the crown in the protestant line, &c.;' as also the test unto such persons as shall be obliged to take the same. And we do hereby authorise and empower you, to constitute and appoint judges, and in cases requisite commissioners of oyer and terminer, justices of the peace, and other necessary officers and magistrates in our said province, for the better administration of justice, and putting the laws in execution, and to administer, or cause to be administered unto them, such oath or oaths as are usually given for the due execution and performance of offices and places, and for the clearing of truth in judicial causes. And we ns shipped and employed at sea, during the time of war ; to the end that such may be better governed and ordered, we do hereby give and grant unto you the said Lord Cornbury, full power and authority, to constitute and appoint captains, lieutenants, masters of ships, and other commanders and officers, and to grant unto such captains, lieutenants, mas- ters of ships, and other commanders, and officers, commissions, to execute the law martial during the time of war, and to use such proceedings, authori- ties, corrections, executions, upon any offender or offenders who shall be mutinous, seditious, disor- derly, or any ways unruly at sea, or during the time of their abode or residence in any of the ports, har bours, shall be during the time of war as aforesaid. Provided, that nothing herein contained shall be construed to the enabling you, or any by your authority, to hold plea or have any jurisdiction of any offence, cause, mat- or quays of our said province, as the cause e found to require, according to martial law, 590 THE HISTORY OF AMERICA. ter or thing committed or done upon the high sea or within any of the harbours, rivers or creeks o our said province under your government, by anj captain, commander, lieutenant, master, officer, sea men, soldier, or other person whatsoever, who shal be in actual service and pay, in or aboard any o our ships of war, or the vessels acting by immediate commission or warrant from our high admiral o England, under the seal of our admiralty, or from the commissioners for executing the office of ou: high admiral of England for the time being ; bu that such captain, commander, lieutenant, master officers, seamen, soldiers, and other persons offending shall be left to be proceeded against as the merit o their otfences shall require, either by commissior under our great seal of England, as the statute o the 28th of King Henry VIII. directs, or by com- mission from our high admiral of England, or from our commissioners for executing the office of our high admiral of England, for the time being, ac- cording to the act of parliament passed in the thir teenth year of King Charles II., entitled, ' An act for establishing articles and orders, for the regula- ting and better government of his majesty's navy, ships of war, and forces by sea,' and not otherwise Provided nevertheless, that all disorders and mis- demeanors committed 'on shore by any captain, com- mander, lieutenant, master, officer, seaman, soldier, or any other person whatsoever, belonging to any of our ships of war, or other vessels acting by imme- diate commission, or warrant from our high admiral of England, under the seal of our admiralty, or from our commissioners for executing the office of high admiral of England, for the time being, may be tried and punished according to the laws and place where any such disorders, offences and misdemeanors, shall be committed on shore, notwithstanding such of- fender be in our actual service and in our pay on board any such our ships of war or other vessels, acting by immediate commission or warrant from our high admiral, or from our commissioners for executing the office of high admiral for the time being as aforesaid, so as he shall not receive any protection for the delaying of justice, for such of- fences committed on shore, from any pretence of his being employed in our service at sea. Our will and pleasure is, that all publick money raised, or that shall be raised, by any act hereafter to be made within our said province, and issued out by warrant from you, by and with the advice and con- sent of our council, and disposed of by you for the support of the government, and otherwise ; we do hereby give you the said Lord Cornbury, full power and authority to order and appoint fairs, marts, and markets, as also such and so many ports, har- bours, quays, havens, and other places for the con- veniency and security of shipping, and for the load- ing and unloading of goods and merchandize, as by you, with the advice and consent of our said council, shall be thought fit and necessary. And we do hereby require and command all officers and magi- strates, civil and military, and all other the inhabi- tants of our said province, to be obedient, aiding and assisting unto you the said Lord Cornbury, in the execution of this our commission, and of the powers and authorities herein contained; and in case of your death or absence out of our said pro- vince, to be obedient, aiding and assisting to such person as shall be appointed by us, to be our lieu- tenant-governor, or commander-in-chief of the said province, to whom we do therefore by these pre- sents, give and grant all and singular the privileges and authorities aforesaid, to be by him executed and' enjoyed during our pleasure, or until your arriral within our said province : And if upon your death or absence out of our said province, there be no per- son upon the place commissionated or appointed by us to be our lieutenant-governor, or commander-in- chief of the said province ; our will and pleasure is, that the then present council of our said province do take upon them the administration of the govern- ment, and execute this commission, and the several powers and authorities herein contained, and that such counsellor who shall be at the time of your death or absence, residing within our said province, and nominated by our instructions to you, before any other at that time residing there, do preside in our said council, with such privileges and preemi nences as may be necessary in those circumstances, for the due and orderly carrying on the public service in the administration of the government as afore- said, until our pleasure be further known, or until your return. Lastly, we do hereby declare, ordain and appoint, that you the said Lord Cornbury, shall and may hold, execute, and enjoy the office and place of captain-general and governor-in-chief, in and over our province of Nova Csesaria, or New Jersey, to- gether with all and singular th e powers and authorities hereby granted unto you } for and during our will and pleasure, from and after the publication of this our commission. In witness whereof we have caused these our letters to be made patents : Witness our- self at Westminster, the 5th day of December, in the first year of our reign." Instructions from Queen Anne to Lord Cornbury. " Instructions for our right trusty and well beloved Edward Lord Cornbury, our captain-general and governor-in-chief, in and over our province of Nova Cffisaria, or New Jersey, in America. Given at our Court at St. James's, the sixteenth day of November, 1702, in the first year of our reign. " 1. With these our instructions you will receive our commission under our great seal of England, constituting you our captain-general and governor- in-chief of our province of New Jersey. " 2. You are with all convenient speed to repair to our said province, and being there arrived, you. are to take upon you the execution of the place and trust we have reposed in you, and forthwith to call together the following persons, whom we do by these presents appoint and constitute members of our council in and for that province, viz. Edward Hunloke, Lewis Morris, Andrew Bowne, Samuel Jenings, Thomas Revell, Francis Davenport, Wil- iam Pinhorne, Samuel Leonard, George Deacon. Samuel Walker, Daniel Leeds, William Sandford, nd Robert Quarry, esquires. " 3. And you are with all due solemnity, to cause our said commission under our great seal of England, constituting you our captain-general and governor-in-chief as aforesaid, to be read and pub- ished at the said meeting of our council, and to ?ause proclamation to be made in the several most mblic places of our said province, of your being constituted by us our captain-general and govcrncr- n-chief as aforesaid. " 4. Which being done, you shall yourself take, ,nd also administer to each of the members of our aid council so appointed by us, the oaths appointed >y act of parliament to be taken instead of the iaths of allegiance and supremacy, and the oath nentioned in an act, entitled, ' An act to declare UNITED STATES. the alteration in the oath appointed to be taken by the act,' entitled, ' An act for the further security of his majesty's person, and the succession of the crown in the protestant line. &c. ;' as also the test mentioned in an act of parliament made in the twenty-fifth year of the reign of King Charles II., entitled, 'An act for preventing dangers which may happen from popish recusants ;' together with an oath for the due execution of your and their places and trusts, as well with regard to the equal and im- partial administration of justice in all causes that thereof without good and sufficient cause. And in case of suspension of any of them, you are to cause your reasons for so doing, together with the charges and proofs against the said persons, and their an- swers thereunto (unless you have some extraordinary reason to the contrary) to be duly entered upon the council books ; and you are forthwith to transmit the same, together with your reasons for not enter- ing them upon the council books, (in case you do not enter them) unto us and to our commissioners for trade and plantations as aforesaid. hii come before you, as otherwise, and likewise j " 13. You are to signify our pleasure unto the the oath required to be taken by governors of plant- | members of our said council, that if any of them ations, to do their utmost, that the laws relating to ! shall at any time hereafter absent themselves, and the plantations be observed. continue absent above the space of two months to- "5. You are forthwith to communicate unto our j gether from our said province without leave from said council, such and so many of these our instruc- j you, or from our governor or commander-in-chief of tions, wherein their advice and consent are mentioned j our said province, for the time being, first obtained; to be requisite, as likewise all such others from time : or shall remain absent for the space of two years, or to time, as you shall find convenient for our service the greater part thereof successively, without our to be imparted to them. j leave given them under our royal sign manual; their '' 6. And whereas the inhabitants of our said place or places in our said council, shall immediately province have of late years been unhappily divided, thereupon become void, and that we will forthwith and by their enmity to each other, our service and ; appoint others in their stead. their own welfare have been very much obstructed ; "14. And in order to the better consolidating you are therefore in the execution of our commis- and incorporating the two divisions of East and sion, to avoid the engaging yourself in the parties ; West New Jersey, into and under one government, which have been formed amongst them, and to use our will and pleasure is, that with all convenient such impartiality and moderation to all, as may speed, you call together one general assembly for best conduce to our service, and the good of the the enacting of laws for the joint and mutual good colony. of the whole; and that the said general assembly " 7. You are to permit the members of our said do sit in the first place at Perth Amboy, in East council, to have and enjoy freedom of debate and New Jersey, and afterwards the same, or other the vote, in all affairs of public concern, that may be ! next general assembly, at Burlington, in West New debated in council. j Jersey ; and that all future general assemblies do " 8. And although by our commission aforesaid, I sit at one or the other of those places alternately, or we have thought fit to direct that any three of our (in cases of extraordinary necessity) according as counsellors make a quorum, it is nevertheless our you with the advice of our foresaid council, shall will and pleasure, that you do not act with a quorum of less than five members, except in case of necessity. " 9. And that we may be always informed of the names and characters of persons" fit to supply the vacancies which shall happen in our said council, you are to transmit unto us, by one of our principal ! habitants, householders, of the city or town of Perth secretarys of state, and to our commissioners for \ Amboy, in East New Jersey ; two by the inhabit- trade and plantations, with all convenient speed, the j ants, householders, of the city and town of Burling- names and characters of six persons, inhabitants of ton in West New Jersey ; ten by the freeholders of think fit to appoint them. " 15. And our further will and pleasure is, that the general assembly so to be called, do consist of four and twenty representatives, who are to be chosen in the manner following, viz. two by the ' the eastern division, and six other persons, inhabit- ants of the western division of our said province, wheg leave to assure your majesty, that whenever we hall see the people of this province labour under any hing like a grievance, we shall, according to our luty, immediately apply to the governor, with our est advice for the redress of it ; and we have no eason yet to doubt of a ready compliance in him ; we shall not be particular, but crave leave to refer o his excellency's representation of them to the ight honourable the lords commissioners for trade nd plantations. " The strenuous asserting of your majesty's pre- ogative royal, and vindicating the honour of your overnor the Lord Cornbury, will, in our humble pinion, be so absolutely necessary at this juncture, iiat without your so doing, your majesty will find ourself deceived either in expectation of a revenue or support of the government, or militia for its efence. " In hopes your majesty will take these important lings into your consideration, and his excellency Lord Cornbury, with all the members of your najesty's council, into your royal favour and pro- ection ; we shall conclude with our most fervent rayers to the Most High, to lengthen your days, nd increase your glories; and that ourselves in articular, and all others in general, who reap the enefit of your majesty's most gentle and happy UNITED STATES. 619 government, may be, and ever continue the most loyal and dutiful of subjects to the most glorious and best of queens. " Richard Ingoldsby, William Pinhorne, R. Mompeson, Thomas Revell, Daniel Leeds, Daniel Coxe, Richard Townley, Robert Quarry, William Sandford." On the 5th of May, 1708, the assembly met at Burlington. Jenings their speaker being indis- posed, Thomas Gordon was chosen to succeed him. They received the speech ; and delivered their address the 12th ; which containing the old story of grievances, so displeased the governor, that he immediately adjourned them to the September fol- lowing, to meet at Amboy, but in the interval dis- solved them ; and being himself soon after super- seded, he met them no more ; the business of the last session began by his telling them in his speech : " It was the great desire he had to see the service of the queen, and good of the province carried on, supported and provided for, that induced him to call them together ; to prepare and pass such laws as were proper; and that he might not be wanting in his duty, he should point out what he thought required their immediate notice ; the first was a bill for support of government ; that the revenue the queen expected was 1500/. per annum, to continue 21 years ; next the reviving or le-enacting the mili- tia bill, which was likely soon to expire ; that he had every session since he had been governor, re- commended the passing a bill or bills for confirm- ing the right and property of the soil of the pro- vince to the general proprietors, according to their respective rights and titles ; as also to settle and confirm the particular titles and estates of all the inhabitants of the province, and others, claiming under the proprietors ; that he was still of opinion, such a bill would best conduce to the improvement, as well as peace and quiet of the province ; that he had last year recommended the passing of bills for erecting and repairing prisons and court-houses in the different counties, and the building of bridges in places where they were wanting, by general tax ; and as late experience had taught the necessity of settling the qualifications of jurymen, he desired they would prepare bills for these purposes; and revive such of the acts of assembly passed in the time of the proprietary government as would be of use, that they might be presented for the queen's approbation." The assembly in their address on this occasion, declared, they then were, and always had been ready and desirous to support the government to the ut- most of their poor abilities ; that they were heartily sorry for the misunderstanding between the govern- or and them ; that about twelve months ago they had humbly represented to him, some of the many grievances their country laboured under ; most of which they were sorry to say, yet remained, and daily increased ; that they found the queen's good subjects of the province were continually prose- cuted by informations, upon frivolous pretences, which rendered that excellent constitution of grand juries useless ; and if continued, would put it in the power of an attorney-general to raise his fortune upon the ruin of his country. That they found it a great charge to the country, that juries and evidences were brought from remote parts of the province, to the supreme courts at Burlington and Amboy : that it was a great griev- ance that the practice of the law was so precarious, that innocent persons were prosecuted upon inform- ations, and actions brought against several of the queen's subjects, in which the gentlemen licenced to practise the law were afraid to appear for them ; or if they appeared, did not discharge their duty to their clients, for fear of being suspended, without being convicted of any crime deserving it, or reason assigned ; as was done at Burlington, in May last, to the damage of many of the queen's good subjects. That they found the representatives of this her majesty's province so slighted, and their commands so little regarded, that the clerk of the crown had refused to issue a writ for the electing a member wanting in their house ; they hoped he would con- sider, and remove these and many other inconve- niences and grievances that the province laboured under; which would enable them to exert the ut- most of their abilities, in supporting her majesty's government, and would make them happy under the mild and meek administration of a great and glorious queen ; that they doubted not, were her majesty rightly informed of the poverty and circum- stances of their country, and that their livelihoods depended upon the seasons o'i the year; their most gracious sovereign would pity their condition, and never expect the settlement of any support of go- vernment, further than from one year to another. That they found the present militia bill so great a grievance to their country, they could never think of reviving or re-enacting it, as it now was; though they were heartily willing to provide for the defence of their country, which they hoped might be done with greater ease to the people ; that they had been, and still were endeavouring to answer her majesty's commands, in confirming the right and property of the soil of the province to the general proprietors, according to their respective rights sud titles; and likewise to confirm and settle the particular titles and estates of all the inhabitants, and other pur- chasers, claiming under the proprietors ; but though they had several times met in general as- sembly, they had not opportunity to perfect it; they acknowledge the favour of being put in mind of providing prisons, court-houses, and bridges, where such were wanting, which they should take into consideration. That they had a bill for settling the qualifications of juries, prepared last sitting at Amboy, and should now present it; and thanking him for reminding them of reviving their former laws, say, they had before appointed a committee for that end ; but were impeded by Bass, the secretary, positively refusing to let them have the perusal of them ; and that as they had always used their utmost endea- vour in the faithful service of the queen, and for the benefit of the country, so they should still con- tinue to do it with all the dispatch they were ca- pable of. Here we part with Lord Cornbury's administra- tion. We have in the history of New York wit- nessed his arbitrary and injudicious conduct in that province, and also had the particulars of his degra- dation and ultimate departure from the colonies. We now also part with his opponent S. Jenings; whose indisposition continued about twelve mouths before his death. His many services have occasi- oned him to be often mentioned. His religion was that of the quakers; and he was, very young, an approved minister among them. His influence was entirely grounded on reliance on his sincerity, pro- bity, and abilities. It is reported of him, that he was of an obliging, affectionate disposition, yet 620 THE HISTORY OF AMERICA. of a hasty warm temper; that he, notwithstanding, controlled it with circumspection and prudence, so that few occasions escaped to the disadvantage of his character, or of any cause he engaged in ; that he saw the danger to which his natural impetuosity exposed him; knew his preservation lay in a close attention to his cooler prospects, and diligently guarding his failing, experienced the benefit in many trying events ; that his integrity and fortitude in all stations were acknowledged ; that his judg- ment was the rule of his conduct, and by what can now be gathered, this seems to have been but seldom injudiciously founded : that alive to the more ge- nerous emotions of a mind formed to benevolence and acts of humanity, he was a friend to the wroiiged and the unhappy ; tender, compassionate, disinter- ested, and with great opportunities left- but a small estate ; that abhorring oppression in every shape, his whole conduct discovered a will to relieve and befriend mankind, far above the littleness of party or sinister views ; that his sentiments of right and liberty were formed on principles adapted to the improvement of a new country, or indeed any country ; that he was, notwithstanding all this, sometimes thought pertinacious, but chiefly on ac- count of his political attachments ; but in these in- stances, better knowledge of his principles, and the sincerity with which he acted, totally effaced those impressions, and left him friends where none were expected. Much of his time, as we have seen, was long devoted to the public, and with such a desire to be useful, occasions were not wanting. West Jer- sey and Pennsylvania (where he resided many years), and New Jersey after the surrender, for near twenty-eight years successively, were repeated witnesses of his conduct in various capacities. Like all philanthropists he met with ingratitude ; but although all his endeavours were not successful, he survived personal animosity in a great measure, and lived just long enough to see public affairs emerg- ing from an unpromising state of litigation and con- troversy to more quiet than had been known for many years. His three daughters (who were all the children he left) intermarried with three bro- thers of the name of Stephenson, whose posterity long resided in New Jersey and Pennsylvania. In the latter end of this year (1708) a new as- sembly was elected ; but upon the new governor's arrival it was dissolved. Lord Lovelace arrives as governor His death; is suc- ceeded by the Lieutenant-governor Ingoldsby Ar- rival of Governor Hunter The aid for the expedi- tion to Canada A new assembly chosen, John Lord Lovelace, baron of Hurley, being ap- pointed to succeed Lord Cornbury, he summoned the council to meet him at Bergen, December 20, 1708, published his commission, and met a new as- sembly in the spring at Perth Amboy, and informed them by speech : " That he was very sensible of great difficulties attending the honourable employment in which her majesty had placed him, and he hoped they would never fail to assist him to serve the queen and her people; that her majesty had shown in the whole course of her reign (a reign glorious beyond ex- ample) how much she aimed at the good and pros- perity of her people ; having with indefatigable pains united her two kingdoms of England and Scotland, and continued the same application to unite the minds of all her subjects; that this was her great care, and ought to be the care of those whom she deputed to govern the distant provinces, not happy enough by situation to be under her more immediate government ; that as he could not set before him a better pattern, he should endeavour to recommend himself to them, by following, as far as he was able, her example ; that he should not give them any just cause of uneasiness under his admi- nistration, and hoped they would bear with one another ; that past differences and animosities ought to be buried in oblivion, and the peace and welfare of the country only pursued by each individual ; that her majesty would not be burthensome to her people ; but there being an absolute necessity that the government be supported, he was directed to recommend that matter to their consideration ; that they knew best what the province could conveniently raise for its support, and the easiest methods of raising it; that the making a law for putting the militia on a better footing than it at present stood, with as much ease to the people as possible, required their consideration; that he should always be ready to give his assent to whatever laws they found ne- cessary for promoting religion and virtue, for the encouragement of trade and industry, and dis- couragement of vice and profaneness, and for any other matter or thing relating to the good of the province." The assembly in their turn told the governor by addre^, that they esteemed it their great happiness that Ler majesty had placed a person of so much temper and moderation over them, and made no question he would surmount every difficulty with honour and safety. That her majesty's reign would make a bright leaf in history ; that it was the advantage of the present, and would be the admiration of future ages, not more for her success abroad than prudence at home ; that though their distance had and might sometimes be disadvantageous to them, yet they ex- perienced the effect of her princely care, in putting an end to the worst administration New Jersey ever knew, by sending him, whose government would always be easy to her majesty's subjects here, and satisfactory to himself, whilst he followed so great and good an example. That they had no animosities with one another, but firmly agreed to do themselves and their country justice; that they were persuaded none that de- served public censure would have a shave in his esteem, and doubted not of meeting with his hearty concurrence in every measure that conduced to peace and good order. That they should support the government to the utmost of their abilities, and most willingly so at a time when they were freed from bondage and ar- bitrary encroachments, and were convinced that vice and immorality would no more receive the public countenance and approbation. They assured him all his reasonable desires would be commands to them; and promised it should be their study to make his administration as easy and happy as they could. The session lasted a month, in which business went on with unusual smoothness : the assembly obtained from the governor a copy of the address from the lieutenant-governor and council to the queen, in 1707; they thanked him for the favour, and re- quested he would desire the lieutenant-governor, and all that signed the address, to attend him at such time as he thought fit to appoint, to prove their allegations; and that the house might have leave to {be present, and have opportunity of making their UNITED STATES. 621 defence, in order to clear themselves from such imputations. The governor showed a ready inclination to grant this request, and appointed a day for a hearing ; but hy the artifices of those concerned, it was evaded from time to time : whether they at last gained their point does not appear. Most of the inhabitants of New Jersey now pleased themselves with the prospect of happy times ; with a change of governors followed a change of measures and favourites ; impartiality and candour succeeded trick and design ; the tools of the former administration having nothing but the protection of that to support them, sunk into neglect. It had been Lord Cornbury's weakness to en- courage men that would flatter his vanity, and bend to his humours and measures these were sure of his favour; but the case was otherwise now. Such of the former favourites as yet continued in the council, were not without their share of disestecm ; even the confidence which had been usually put in that board, on passing the support bill, was discon- tinued. The assembly declaring to Lovelace, that though they had an entire confidence in his justice and prudence, respecting the disposition of the money for support of government, they " had not that confidence in the gentlemen that were now of her majesty's council ;" and that this was the rea- son they had altered the former method, and there- fore requested he would favourably represent it to the queen in their behalf. The law regulating the qualification of represent- atives to serve in general assembly was now passed; the substance of this and the additional one passed at a different session, but in the same year, is, that every voter shall have 100 acres of land in his own right, or be worth 50Z. current money; that the person elected shall have 1,000 acres in his own right, or be worth 500/. current money, in personal estate ; that the representatives and electors shall be freeholders, and have estates sufficient to qualify him or them in the division where electing or chosen ; that the house of representatives shall be judges of the qualification of their members ; that the same forfeitures shall attend undue returns as in England; and that no person shall be chosen a representative, who with his family does not reside in the province. The inhabitants had begun with reason to promise themselves happier times than heretofore, but, to their great disappointment, Lord Lovelace died with- in a few days afterwards, and the administration devolved on the Lieutenant-governor Ingoldsby, who laid before the assembly the design of the crown, respecting an expedition against Canada, under the Colonels Nicholson and Vetch, and for which they immediately voted 3,000/. for the service, by an emission of paper bills of credit, but did not now pass the bill. The lieutenant-governor adjourned them for a few weeks, and then told them he had given them another opportunity of doing their duty to her ma- jesty, and what their country required at their hands. That he found in their votes at last sitting a re- solve for raising 3,000/. for her majesty's service ; that this was now become a debt, and they had only to consider of ways and means of raising it ; and that a proper application was made for the paying of their quota of men appointed for reducing Canada. The assembly prepared three bills, one for raising 3,OOOJ., another for enforcing its currency, and a third for the encouragement of volunteers going on the Canada expedition ; these bills having received the governor's assent, the house was adjourned to the 1st of November, to meet at Burlington ; ip November ihey met- accordingly, but deferred busi- ness till December, when they sat ten weeks, passed eighteen bills, were then adjourned, and afterwards prorogued from time to time, till dissolved by Go- vernor Hunter in 1710. As the accounts of both the expeditions against Canada have been enlarged on sufficiently in the preceding histories, we shall not enter on them here, especially as New Jersey only afforded its aid with the above-mentioned contribution. Brigadier Hunter arrived governor in the sum- mer of 1710, and called a new assembly on the 6th of December ; they chose John Kay, of Gloucester, speaker, and received the governor's speech, which was as follows : " Gentlemen I am little used to make speeches, so you shall not be troubled with a long one ; if honesty is the best policy, plainness must be the best oratory ; so to deal plainly with you, so long as these unchristian divisions which her majesty has thought to deserve her repeated notice, reign amongst you, I shall have small hopes of a happy issue to our meeting. " This is an evil which every .body complains of, but few take the right method to remedy it ; let every man begin at home, and weed the rancour out of his own mind, and the work is done at once. " Leave disputes of property to the laws, and in- juries to the avenger of them; and like good sub- jects and good Christians, join hearts and hands for the common good. " I hope you all agree in the necessity of support- ing the government, and will not differ about the means ; that it may the better deserve your support, I shall endeavour to square it by the best rule that I know, that is the power from whence it is derived ; which all the world must own to be justice and good- ness itself. " There are several matters recommended to you by her majesty, to be passed into laws, which I shall lay before you at proper seasons ; and shall heartily concur with you in enacting whatsoever may be requisite for the public peace and welfare, the curbing of vice, and encouraging of virtue. " If what I have said, or what I can do, may- have the blessed effect I wish for, I shall bless the hour that brought me hither ; if I am disappointed, 1 shall pray for that which is to call me back, for all power except that of doing good is but a burthen." On the reception of this speech, the assembly voted the following address. " May it please your excellency, " We sincerely congratulate your accession to the government of this province, and hope the long wished-for time is come, in which the unchristian causes of our divisions will be taken away, which we persuade ourselves you will be as willing as we conceive you are able to do, by divesting a few de- signing men of that authority, which they use to the worst purposes. " We have experienced repeated instances of her majesty's care over us; among which one was, the sending the good Lord Lovelace, who put an end to an administration, the then assembly of this pro- vince, with great justice stiled the worst New Jersey had ever known ; that good man lived long enough to know how much the province had been oppressed, though not to remove the causes. An- 622 THE HISTORY OF AMERICA. other instance of her majesty's royal favour, we esteem, is the sending your excellency to govern us, and we persuade ourselves your conduct will evince it so to be. " We hope great things from you, and none but what are just ; let not ill men be put or continued in power to oppress ; let her majesty's subjects enjoy their liberties and properties, according to the laws, and let not those laws be warpt to gratify the avarice or resentment of any, and then we may safely leave disputes of property to them ; this, we are humbly of opinion, is the greatest honesty, and we make no question you esteem it to be the best policy. " We always thought it equally reasonable to support a government, and to deny that support to tyranny and oppression ; we should be glad our abilities would come up to what we esteem your merits : what we are able to do, shall be sincerely done, and in as agreeable a manner as we are capable ; all your desires, which we doubt not will be reasonable, shall be commands to us, who will be always ready to join in any thing that may con- duce to the public benefit, and your own ; and hope you may never want will and power to punish wickedness and vice, and encourage true religion and virtue ; which if you do, we shall esteem you our deliverer, and posterity shall mention your name with honour. " Divers members of this assembly, being of the people called quakers, concur to the substance of this address, with their usual exception to the stile." This session continued more than two months ; the governor and assembly agreed cordially, but a majority of the council differed from both, notwith- standing an accession of several new members. Ever since the surrender, the province had been involved in great confusion, on account of the people called quakers being denied to serve on juries, under pretence that an oath was absolutely necessary ; the inhabitants in many parts, were chiefly such, and juries could not be got without them ; the assembly seeing the confusion that had and would unavoidably follow such refusal, passed a bill for ascertaining the qualification of jurors, and enabling the people called quakers to serve on them, &c. and another respecting the affirma- tion. The reports of the committee will, among other things, show the conduct of the council on this occasion. " The house, according to order, resolved itself into a committee of the whole house, to consider further of the papers laid before this house by his excellency ; and after some time spent therein, Mr. Speaker resumed the chair, and Doctor John- ston reported from the said committee, that the 43d article of her majesty's instructions being read, requiring an act to be passed, for settling the pro- perties and possessions of all persons concerned in this province ; they do think it to be a matter of the greatest concern, for the quieting the minds of the people and making the province happy, and do think it will be to no purpose at present to spend time about such a bill, seeing the council has put them out of all hopes of having any such act to pass. " Doctor Johnston also reported from the said committee, that the 60th article of her majesty's instructions being read, requiring an act to be passed, for those people that make a religious scruple of swearing, to the like effect of that passed in the 7th and 8th of King William III. in Eng- land, so far as may be consistent with good order and government ; that the house have already sent up such an act to the council for their concurrence, as near to the like effect as the circumstance of this colony will admit ; which the council rejected with- out committing the same. " And further, that the 94th article of her ma- jesty's instructions being read, requiring an act to be passed ascertaining qualifications of jurors; that the same was included in the bill, entitled, 'An act for ascertaining the qualifications of jurors, and enabling the people called quakers to serve on them, &c.' which the council rejected without com- mitting the same, as is reported before to the 60th article. " And that he was desired to move, that they might have leave to sit again." By this report, it seems the assembly had no ex- pectation of obtaining these matters this session ; they took into consideration the militia act, passed in Lord Cornbury's time, by which the quakers in many parts of the province had been greatly op- pressed; they appointed Doctor Johnston, Isaac Sharp, Jacob Spicer, William Sandford, John Reid, and Robert Wheeler, a committee, " to prepare and bring in a bill, for explaining an act of this province, past in the third year of her majesty Queen Anne, entitled, ' An act for settling the mili- tia of this province, and for relieving persons ag- grieved thereby.' " A bill was brought in, and sundry officers who had been more rigorous in distressing than the law warranted, were sent for, to answer for their conduct at the bar of the house, and ordered to render an account of the goods distrained ; this gone through, the bill passed, in which provision was made for the relief of the sufferers ; but the council rejected it, as they had done the other bills. They next took into consideration the address got up by the partisans of Lord Cornbury, which has been already given, and made the following re- solutions with regard to it. " A copy of a paper entitled, 'The humble address of the lieutenant-governor and council of Nova Ceesaria or New Jersey, in America, to the queen's most excellent majesty ; signed by Richard In- goldsby, William Pinhorne, Roger Mompesson, Thomas Revell, Daniel Leeds,Daniel Coxe,Richard Townly, William Sandford, and Robert Quarry, in the year .1707;' was read in the house; and being taken into consideration, the question was put, whether the said humble address (as it is called) of the lieutenant-governor and council to the queen's most excellent majesty, be a false and scandalous representation of the representative body of this province, or not ? it was carried in the affirmative. A motion being made, and the question being put, whether this house do address her majesty for the justification of the proceedings of the represent- ative body of this province, in the present and former assemblies, or not ? it was carried in the affirmative. " A motion being made, and the question being put, whether any person that has signed the above- mentioned false and scandalous representation of the representative body of this province be a fit member to sit in this house, unless he acknowledge his fault to this house, or not ? it was carried in the negative. " Major Sandford, one of the members of this house, having acknowledged that he signed the UNITED STATES. 623 above-mentioned address to her majesty, was asked if he would acknowledge his fault to this house for the same ? His answer was, he signed it as he was one of her majesty's council, and was only account- able to her majesty for the same; wherefore the question was put, whether Major Sandford be ex- pelled this house for the same, or not ? It was car- ried in the affirmative. " Ordered, that Major Sandford be expelled this house, for signing a false and scandalous paper, called the humble address of the lieutenant-governor and council to her majesty, in the year 1707 ; and he is expelled this house accordingly." Representation of the Assembly to Governor Hunter ; and kis Answer. Pursuant to the resolutions of the house, an ad- dress was prepared and sent to the queen, and a representation to Governor Hunter. This last is a particular answer to the charges, and was as followeth : " The humble representation of the general assem- bly of her majesty's province of New Jersey. "To his excellency Robert Hunter, Esq., captain- general and governor-in-chief of the provinces of New Jersey and New York, in America, and vice-admiral of the same, &c- " May it please your excellency ; " When the Lord Lovelace was pleased to let the representative body of this province know, that her majesty desired to be informed of the causes of the differences between the gentlemen of the council and them, nothing could be more satisfactory ; because they entirely depended, that a person of so much justice and veracity would put things in their true light ; and had he lived long enough to have com- plied with her majesty's commands, we had not now been under the necessity of laying the following representation before your excellency. " We are very sorry we have so much reason to say, it was lately our misfortune to be governed by the Lord Cornbury, who treated her majesty's sub- jects here not as freemen who were to be governed by laws, but as slaves, of whose persons and estates he had the sole power of disposing. Oppression and injustice reigned every where in this poor, and then miserable, colony ; and it was criminal to com- plain or seem any way sensible of these hardships we then suffered; and whatever attempts were made for our relief, not only pioved ineffectual, but was termed insolence, and flying in the face of authority The most violent and imprudent stretches for arbi trary power were stamped with the great name o the queen's prerogative royal ; and the instruments and strenuous assertors of that tyranny were the only persons, who in his esteem and their own were for supporting her majesty's government bribery, extortion, and a contempt of laws, both hu man and divine, were the fashionable vices of thai time ; encouraged by his countenance, but more by his example; and those who could most daringly and with most dexterity trample upon our liberties had the greatest share both in the government o: this province and his favour. This usage we bore with patience a great while, believing that the mea. sures he took proceeded rather from want of inform ation or an erroneous judgment, than the depravity of his nature ; but repeated instances soon con- vinced us of our mistaken notions; and that he was capable of the meanest things, and had sacrificed his own reputation, the laws, and our liberties, t< his avarice. No means were left uuessayed tha gave hopes of gratifying that sordid passion: the country was filled with prosecutions by informations )f the attorney-general, contrary to law: those of icr majesty's subjects who are called quakers, were severely harassed, under pretence of refusing obe- dience to an act of assembly for settling the militia of this province, when neither the letter nor meaning of that act justified the severities used on that ac- count ; the measures that were then taken, being chiefly such as the implacable malice of their adver- saries suggested. The rights of the general pro- prietors, which upon the surrender of the govern- ment were promised to be preserved inviolable to ;hem, and which her majesty, by her instructions, aad taken all possible care to do, were by him in- vaded in a very high degree ; their papers and re- gisters, being the evidences they had to prove their iitles to their lands and rents, violently and arbi- trarily forced from them, and they inhibited from selling or disposing of those lands; by which means their titles were made precarious, the value of land through the whole province fell very much, and a great stop was put to the settlement and improve- ment of it : to be short, all ranks and conditions of men grossly abused, and no corner of the country without complaints of the hardships they suffered from the exercise of a despotic and mistaken power. An administration so corrupt, so. full of tyranny and oppression in all its parts, induced the assembly to have a regard to the cries of that unhappy country they represented, and to endeavour (if possible) some redress ; and accordingly, in a most humble manner, remonstrated to his lordship their grievances, who was of opinion their remonstrance lay open to a very ready answer; but that he might give them no occasion to say he had done it with heat and passion, he took some few days to do it; but with what coolness and temper it was done, those who have seen it can judge ; they both lie before your excellency. (No. 1 and 2.) Some time after, the assembly were ad- journed; and when we met again, made a reply to that answer, which reply (No. 3) lies before your excel- lency ; but neither the one nor the other procured the desired effects ; on the contrary, the number of our grievances was increased, some of the most con- siderable of our inhabitants deserted the province, and many of those that remained thought them- selves unsafe in it ; the only hopes they had was the arrival of the Lord Lovelace, which supported their sinking spirits, and gave them an expectation of better days. " Upon the first sitting of the assembly, after his arrival, he communicated to them a paper, called, ' The address of the lieutenant-governor and council of New Jersey.' It was no surprise to us to find any thing indecent or virulent proceeding from such men ; but it was with some concern we beheld what endeavours they had used, to render her most gra- cious majesty disaffected with her honest and loyal subjects here, by accusations which were not only false, but what they knew to be so at the time of their writing of them, and which we had made ap- pear to be so, had they not used evasions and shifts to avoid coming to the test, in the time of Lord Lovelace, and while the assembly was sitting ; then they seemed to be for reconciling matters, and bury- ing every thing in oblivion, in hopes their own deeds of darkness might partake of the same covering ; and hoped the sweetness of that noble lord's temper, and inclinations to peace, might secure them from that examine which was necessary to expose them n their true colours; and how much on that occa- ion they fawned and flattered, appears by au address 624 THE HISTORY OF AMERICA. of theirs to him, which for the peculiarity of the language (and we might say the unintelligibleness of the terms) ought never to be forgotten. It be- gins thus : ' Your lordship has not one virtue or more, but a complete accomplishment of all perfec- tions, &c. ;' and at the same time they were deifying him (if such an address could do it) they were ca- balling and articling against him, triumphed in his death, and have barbarously treated his memory ; and notwithstanding the laws of heaven and nature, (as they are pleased to express themselves) and all the fine things they say of you, added to the justness of your administration, they'll give you the same treatment when they can ; the knowledge we have of their practices has made us trespass a little longer on your excellency's patience than we at first designed : but to return to the address, we be- lieve the gentlemen of the council have transmitted something to one of her majesty's secretaries of state, which they called proofs, and with all the se- crecy they could, hoping it may obtain at that dis- tance, especially when backed by some whose in- terest it is, that all they have said be credited. To prevent the ill consequences that may attend the belief of what they have said, or indeed can say, we shall endeavour to prove every article of the said address false; and that the subscribers knew several of them to be so at the time of their signing ; what we say is public, not carried on in darkness, to prevent that reply, which the gentlemen concerned to justify themselves, and upon the spot, may make if they can. " We begin with the title of the address; which is, ' The humble address of the lieutenant-governor and council of Nova Csesaria or New Jersey in America.' " This carries a falsehood in the very front of it ; for it was no act of council ; but signed by some in the Western, and by others in the Eastern division of New Jersey, by one or two in New York, at dif- ferent times, being privately carried about by a messenger of my Lord Cornbury's; and some were raised out of their beds to sign it ; it never passed the council; was never minuted in the council- books, and the lieutenant-governor has several times protested he signed it without ever reading it. The gentleman of the council cannot deny the truth of this; if they do, we can prove it; but to justify themselves, they say it was signed by the lieutenant-governor and the gentlemen of the coun- cil, though not in council. So that it's plain they designed to abuse the queen, by giving it the stile of an act of council, which her majesty and every body that reads it would take to be so, when they knew in their consciences it was not so ; but that their malice or servile fears induced them to sign it, and may not improperly be called, forging an act of council; it's apparent that Roger Mom- pesson, Esq. signed it by himself; that it was brought to him as an act of council, and that as such he thought himself obliged to sign it, as by his reasons for signing it appears ; which reasons could have had no weight, had he not understood it to be so ; for he owns he never examined into the parti- culars of it. "The first article is, ' We the lieutenant-governor and council of her majesty's province of Nova Caesaria or New Jersey, having seriously and deli- berately taken into consideration the proceedings of the present assembly or representative body of this province, thought ourselves bound, both in duty and conscience, to testify to your majesty our dislike and abhorrence of the same.' This is true, if sign- ing any thing without reading or examining into the particulars of it, and by some between sleeping and waking, be arguments of seriousness and delibera- tion, otherwise not ; except by the words ' seriously* and 'deliberately,' be meant, their resolutions on all occasions to do what the Lord Cornbury commanded them; as indeed their signing this address, and their conduct in every other thing, did but too plainly evince, to be the only seriousness and deli- beration they were capable of. When Col. Quarry signed that address, we believe he was misled, and depended too much on the credit of others ; we must do him the justice to own, that he has of late de- clined joining with them in many of their hot and rash ;methods, aud behaves himself at present like a man of temper, who intends the service of the queen and good of the country. These addressers tell her majesty, that they were in duty and con- science bound to testify their dislike and abhorrence of the same to her. Had they abhorred falsehood, and discharged their duty as in conscience they were bound to do, in refusing to join with the Lord Cornbury, in all his arbitrary and unjust measures, and particularly in that scandalous address (pardon the expressions), the country would not have had that just cause to complain, as now they have, and in probability always will, while they continue in their present stations. There were no proceedings in that assembly that any honest man had reason to dislike ; and their endeavours for the good of the country deserve the highest praise, and ought never to be forgotten by New Jersey. " The second article is, ' That the unaccountable humours and pernicious designs of some particular men, have put them upon so many irregularities, with intention only to occasion divisions and dis- tractions, to the disturbance of the great and weighty affairs which her majesty's honour and dignity, and the peace and welfare of the country, required.' The so many irregularities are, we suppose, what the Lord Cornbury mentioned in his answer to their remonstrance ; which that house replied to ; as may be seen in their reply ; and whether they were irregularities or no. the world can judge : but be they what they will, the address- ors are never able to prove that the unaccountable humours of some particular men put them upon them; they may indeed boldly say they did, and if that will do, they may say again, that it was with intention to occasion divisions, &c. ; but that neither proves that any particular men influenced that assembly, nor that the intentions of doing so were as they say ; that being impossible for them to know ; and if we may be allowed to know the in- tentions of that assembly, they were far otherwise than what the addressers represent them to have been. " The 3d article was, ' That we had highly en* croached upon her majesty's prerogative royal.' " The 4th, ' That we had notoriously violated the rights and liberties of the subject.' " The 5th, ' That we had manifestly interrupted justice.' " These three articles are what the Lord Corn- bury, in his answer to the remonstrance, charges that assembly with, which are fully answered in the aforesaid reply, and proved to be false charges; and this the addressers knew w r hen they signed the address, if ever they read the reply or address (which is very much to be questioned) ; and we be- lieve, if the truth were known, notwithstanding UNITED STATES. 625 their pretensions to seriousness and deliberation, tney had little more hand in it than setting their hands to it, as we shall endeavour to evince. It is undeniably true, that it was signed at different times, and in different places ; it then must be true, that it was brought ready drawn to the signers, and it's very probable that they did not read it, certainly not" with any consideration. The lieutenant go- vernor, as we observed before, has owned he did not ; and the late chief justice, Roger Mompesson, Esq., a man as likely to read and consider as any of them, owns under his hand, he never did examine the particulars of it ; which is, in other words, own- ing he did not read it ; and it's not very likely the rest should. These three articles are the very words used by the Lord Cornbury in his answer : the whole address seems to be an abridgement of that answer, several sentences the same, the stile i he same, and the same vein of intemperance and ill nature through them both ; and in all likelihood done by his lordship, who made the addressers father whatever his lordship was ashamed to own " The Gth article is, * That the remonstrance was a most scandalous libel.' " The 7th, 'That the Lord Cornbury made a full and ample answer to it.' " The 8th, ' That the reply of the house of repre- sentatives of the province of New Jersey, was a scandalous and infamous libel ;' and they add, on thai head,' this last libel came out so suddenly, that they had not time, as yet, to answer it in all its particulars.' " Certainly it is impossible that ever men in their right wits, after reading such an address, should sign it ! Was it ever known, that any book or paper wrote by a house of commons, was called a Libel, and a most scandalous and infamous libel ? If the gentlemen had intended to show their talents of railing and abusive language ; they could hardly have taken a more effectual way, than by that ad- dress-, which if it prove nothing else, proves them to be very much masters of those qualifications ; but we cannot be of opinion, that their calling the remonstrance or reply a libel, proves them to be so ; nor had they any reason to expect it would be taken by her majesty, for any thing more than a demon stratiba of their want of temper ; for if those two papers were libels, then the house of represent- atives might have been punished for them, or at least prosecuted ; and if so, any vote, resolve, ad- dress or remonstrance that they made, or any other bouse of representatives could make, would subject the said house of representatives (the authors of them) to the same inconvenieucy, whenever the gentlemen of the council were pleased to call them so. This is so contrary to the known practice of England, to the laws, to the rights and privileges of the house, that it is a needless labour to prove, either that the gentlemen never read what they signed, or knew" what they signed to be false a't the time of their signing of it. But to say a little more, the remonstrance and reply are so far from being false, that they are most true. Several of the facts are owned by the Lord Corn- bury, and where he either evades or denies them, they are made out in the reply. His bribery was proved by a crowd of evidences in the house ; and whatever else is charged upon him, he knew to be true ; and it is neither in the power of his full and ample answer, nor even of the address itself, to persuade the contrary. The assembly say indeed in their remonstrance, ' Had the affairs of New HIST, or AMEK. Nos. 79 80. York admitted his Lordship ol'tcncr to attend those" of New Jersey, he had not then been unacquainted with their grievances ; and that they were inclined to believe they would not have grown to so great a number.' This, perhaps, may be one of the false- hoods the addressers mean ;" and truly it ought to be acknowledged, that the then assembly had no reason to believe hisLovdship's presence in this pro- vince would have any other effect, than the increas- ing, instead of diminishing their grievances : but when the addressers say, that the ' reply came so suddenly out, that as yet, they had uo't time to answer it in all its particulars ;' they seem to imply, that they had answered it in some of them ; which has not been done, no, not as yet, though it has been out above three years. And, ' its coming out so suddenly, &c.' is a great mistake, to say no, worse of it ; for it had been out above six months before their address was signed. This is another proof that they never read the address before they signed it; or if they did, that they knew what they signed to was false, at the time of their signing. " The 9th article is, 'That these disturbances arc owing wholly to Mr. Lewis Morris and Samuel Jenings, men of turbulent, factious, uneasy and disloyal principles ; men notoriously known to be uneasy under all government, and men never known to he consistent with themselves.' " The 10th article is, ' That to these men are owing all the factions and confusions in the govern ments of New Jersey and Pennsylvania.' " These articles are not only the stile of the Lord Cornhury's answer to the renlonstrance ; but for the most part the very words. If Mr. Morris and Mr, Jenings were such men as the addressers say they are, viz. turbulent and factious, uneasy under all government, and the causers of the factions and confusions of New Jersey and Pennsylvania; then certainly to continue thus turbulent, &c. evinced they were not inconsistent with themselves, but con- stantly pursued the same measures. This was an expression the Lord Cornbury was very fond of, and very much used, and the addressors here have been but the parrots of his thoughts ; and all they have said of these gentlemen (one of whom is in his grave viz. Mr. Jenings) is a notorious abuse ; for what- ever was done by the assembly (if it's their pro- cedures they call disturbances) was not done either by the influence of Mr. Morris or Mr. Jenings. but from a just sense of their duty, in discharge of the trust reposed iii them by the country, and to pre- vent the ill effects of an arbitrary and unjust use of power, by the Lord Cornbury, so much encouraged by the slavish compliances of the addressors, men never known to be consistent with themselves, nor we fear never will. " We should not trouble your excellency longer on this head, did we not know this is an article which the addressors think they can justify, and which they suppose will prove a sufficient defence for all they have said ; therefore, to put this matter in some measure out of dispute, we say, in the first place, that should they be able to prove what they say in that article, yet it would not justify their other accusations, nor the severe reflections they have unjustly made on the representative body of this province. 2dly, It plainly appears by the jour- nals of the house, that the assembly insisted rn the same things when neither Mr. Morris nor Mr. Jenings were among them ; and now endeavour to evince to your excellency, that their proceedings were reasonable. 3dly, The disturbances in Jer "* 3 N 626 THE HISTORY OF AMERICA or Pennsylvania, ascribed to Mr. Morris or Mr. Jenings, were no other than the opposition of an unlawful and unjust authority, and that during the proprietors' government, before it was surrendered to the queen ; so not a fit matter to have been at that time seriously and deliberately meddled with by the addressers, and could be done with no other intent but to mislead the queen into a belief that Pennsylvania and New Jersey were then disturbed by these gentlemen. 4thly, We do not find that ever Mr. Morris was concerned at all, even during that time, in the Western division of New Jersey or Pennsylvania. " The llth article is, ' That this is done with de- sign to throw off the queen's prerogative royal, and consequently to involve all her majesty's dominions in this part of the world, and the honest and good well-meaning men in them, in confusion, hoping thereby to obtain their wicked purposes.' " It is evident from this article, that the accusa- tions of Mr. Morris and Mr. Jenings were to mis- lead the queen into such a belief as we have in- stanced : 1st, from their using the term (is done) being in the present tense : 2dly, they assigned the reason why it is done, viz., not only to encourage this government, but all the governments in America, to throw off her majesty's preiogative royal, and as a consequence of that, to involve all her dominions in this part of the world, &c., in confusion ; which is, in plain English, throwing off our allegiance, and revolting from the crown of England : the addressors, in the first place, suppose all the plantations on the continent of America inclinable to a revolt when- ever they have an opportunity; or at least it* they don't believe it themselves, would have the queen believe so, and be apprehensive of some danger from it ; which, if, she had, it's natural enough to suppose such severe methods would have been taken, as would prevent any such thing ; so that what the addressors have said, is not only an accu- sation of all the plantations in America of want of loyalty and affection to her majesty but an en- deavour to alienate her affections from them We thank God it has not had the ill effects they intended, and hope no representation founded on the malice of any men, ever will; but that the authors of them may always meet with as little credit as they deserve. Can it be thought, or could the addressors them- selves ever seriously and deliberately think, that the province of New Jersey (one of the most in- considerable of all her majesty's colonies, and the most incapable of making any defence, having no fortification that exceeds a stone house, and of them but very few; a great part of whose people are quakers, who by their principles are against fight- ing,) would be so unaccountably mad, as to throw off their allegiance (especially to be the first in doing it) and expose themselves to unavoidable ruin and destruction ? Whoever can seriously think this, and with deliberation assert it, ought very seriously, and without much deliberation, to be confined to the society of mad-men, as persons that can seriously and deliberately believe and say any thing; which is all we shall say to this ridiculous, as well as mali- cious charge, and pass to the 12th article ; than which nothing more untrue, and knowingly so, could be asserted, as we shall by what follows make out ; the article runs thus : ' That the assembly are resolved neither to support the queen's governmenl with a revenue, nor defend it by settling a militia. " Now it is plain that this house never did denj to raise a sufficient support for the government, anc ook proper care concerning the militia, as by the everal acts for those ends does more largely appear ; nay, when the expedition against Canada was on "oot, we gave 3,000/. for that end, over and above he support of government ; and the casting vote or the raising that money, and the settling the militia now, was given by Mr. Hugh Middleton, one reputed a quaker ; so that it will very easily appear, ,hat accusation of the addressors was not onlv very untrue, but that they knew it to be so at the time of their signing it ; nay more, we shall make it ap- >ear, that the gentlemen of the council have used ;heir utmost endeavours to defeat the government >f a necessary support, and to frustrate, as much as n them lay, the expedition against Canada ; so that ;he accusation lies most justly against them, and not against us ; for the acts for the support of the government, and settling the militia, made in the ime of the good Lord Lovelace, were passed by hem with the greatest difficulty ; and the act fo'r raising 3,000/., towards carrying on the expedition against Canada, was, at their direction, by Elisha Lawrence and Gershom Mott, two of their tools, who were members of this house, (and were not quakers) voted out, and who on the first and second reading voted for it, concealing their design of voting against it, till the time of their voting; and not ';>eing quakers, were not suspected of voting against t, otherwise care had been taken to put it out of Jieir power; and to make it appear that it was done with design, by direction of the lieutenant-governor and council, to cast a reflection on the house, and ;o justify their allegations in their address, even at the expense of defeating the expedition ; the Lieu- ;enant-governor Colonel Ingoldsby, though assured by the speaker and other members of the house, that if the house was prorogued but for twenty-four hours, care should be taken the bill should pass ; who presently after did, notwithstanding, adjourn the house from the 13th of June to the 28th of July following ; a time so long, that if the house and council had been never so willing, the season would by that time have been so far advanced, that it had been of no use then to have raised either men or money towards that expedition, as the lieutenant- governor and council very well knew ; and had not the honourable Colonel Nicholson, and Colonel Vetch, in an extraordinary manner, pressed the call- ing the house sooner than the time appointed, viz., on the 23d day of June, neither money nor men had been raised on that account: this, we think, comes up to a demonstration, that these gentlemen, rather than not gratify their resentments, and give some colour of justifying what they had said, chose to sacrifice the service of the queen, and the com- mon good, on so extraordinary an occasion, to their private piques: and indeed their procedures ever since have confirmed the country in that opinion, and exposed their conduct to a just censure, and showed that they have been so far from ' endeavour- ing (as they say, in the last article) by application to the governor to remove the grievances, if any were ;' that if their best advice was at any time of- fered, it was rather how to continue and render them more intolerable. We are sorry we have so much reason to say this as we have ; but a long and uninterrupted series of despotic and arbitrary go- vernment exacts it from us ; and which we are sure they will, to their power, continue as long as to the great misfortune of this colony, they remain in any places of public trust. " To enter into a detail of their several nial- ad- UNITED STATES, 627 ministrations, it would take up more time than we can at present spare, and stretch the bounds of this representation to too great a length. We have al- ready laid before your excellency some proofs against Mr. Hall, one of the council, of his extortion, and imprisoning and selling the queen's subjects ; who, if they had been guilty of the crimes alleged against them, ought to have been prosecuted accordingly, and not discharged on any hopes of private gain ; and if not guilty, ought not to have been laid in prison and in irons, and by those hardships forced to be- come his servants, rather than endure them. But a. man that could, after taking up adrift several casks of flour, deny them to the owner, and sell Ihem, Is capable of any thing that is ill ; and how fit for so honourable a post as one of her majesty's council, or indeed any other place of trust in this government, is most humbly submitted to your ex- cellency's consideration. " Were there nothing against Mr. Peter Son- mans but his being indicted for perjury, from which by a packed jury he was cleared, as appears by the memorial (No. 4.), there being but too much reason to believe he was justly accused, it would be no mean reason to lay him aside from her majesty's council ; it being some sort of reflection to continue a person even supposed guilty of so heinous a crime in so high a post, which her majesty in a particular manner has endeavoured to secure the honour of, by directing in her instructions, that 'no person necessitous or much in debt shall be of it ;' much less a person known to be a bankrupt, as Sonmans is, and who at this time, and for some years past, has lived in open attd avowed adultery, in contempt of the laws, which his being in power not only pro- tects him from being punished, but enables him to carry on his wicked designs, by imposing on the honest and simple people, who suspect no trick from a person of his rank ; as appears by the depositions relating to the Amboy petition against Doctor Johnston and Mr. Reid ; and to stretch and warp the laws to the manifest prejudice, ruin, and un- doing of many of her majesty's subjects, whose com- plaints from the several parts of the province, (so unfortunate as to be under his direction,) we make no doubt have long ere this reached your excellency's ears ; and which, we persuade ourselves, will, when your excellency is satisfied with the truth of them, have their proper effects. " The courts of law in which the gentlemen of the council were judges, instead of being a protect ion and security to her majesty's subjects, of their liberties and properties, in disputes that came be- fore them, became the chief invaders and destroy- ers of them both ; and what should have been the greatest benefit, proved the greatest grievance, as we shall instance in a few of the many things we could : And first, notwithstanding her majesty, for the ease of her subjects here, has been pleased to appoint the supreme court of this province to be held alternately at Amboy in the Eastern, anc Burlington in the Western division of this province : yet the causes of one division are tried in the other^ and juries and evidences carried for that end, at the great and needless charge of those concerned, as well as great expense and loss of time to the peopl in general, who can receive no benefit by the courts being held alternately, if the ends for which they are so held, be not answered, and causes triec in the same division to which they do belong ; be sides, it is a practice of very mischievous conse quence, making the people entirely depend on anc je subject to the judges of the said court, who can by that method lay any persons they do not like, under the necessity of being at the before-mentioned charge, and make them that way sensible of their esentments ; which, as we have instanced, they lave been too ready and willing on all occasions to do. Secondly, the writ of habeas corpus, the un- doubted right, as well as great privilege of the suk- ect, was by William Pinhorne, Esq., second jUdgto )f the supreme court, denied to Thomas Gordon, Esq., then speaker of the assembly; and, who notwith- standing the station he was in, was kept fifteen hours a prisoner, Until he applied by the said Pinhorne's son, an attorney-at-law, and then, and not before, ic was admitted to bail ; which fact, as well as other :hings, may appear by the said Gordon's case (No. >.), now laid before your excellency. The proceed- ings against a person in that station, and at that ;ime, made it but too evidently appear, that the said Pinhorne would not stick to join with the Lord Dornbury iu the most daring and violent measures, to subvert the liberties of this country ; and cannot be looked on by this house, or any succeeding as- sembly, duly considering the procedure and the ad- dress above mentioned, afterwards signed by him, but as a person ready and willing on any occasion to attempt upon their liberties, and overthrow them, it' he can ; and how safe we can think ourselves while he continues in power to hurt, is most humbly submitted. " Many persons prosecuted upon informations, have been, at their excessive charge-, forced to at- tend court after court, and not brought to trial, when there was no evidence to ground such informa- tions on ; but they kept prisoners, in hopes that some might be in time procured ; and two of them, to wit, David Johnston and his wife, after some weeks' imprisonment, not admitted to bail till they entered into a recognisance, the condition of which was, ' That if the Lord Cornbury was dissatisfied with admitting them to bail, upon notice thereof signi- fied to them, they should return to their imprison- ment:' his lordship was dissatisfied, and Leeds and Revell, who took the recognisance^ sent their orders to them to return according to the condition of it. " Actions have been suffered to continue, after the persons in whose names they were brought, have in open court disavowed them, declaring they had never given orders for any such actions to be brought. " Actions upon frivolous pretences have been postponed, and the trials delayed to serve particular persons, when the juries and evidences were all ready, and attending on the trials. " Though it be the right of the subject, by proper writSj to remove actions from any inferior to a su- perior court ; yet at the court of sessions held at Burlington, in December 1709, Col. Daniel Coxe, Col. Hugh Huddy, Col. Thomas Revell, and Daniel Leeds, Esq., justices of the said county, did reject a writ of certiorari, obtained by Mr. George Willocks, and allowed by Roper Mompesson, chief justice, and committed said Willocks till he entered into recognisance, to appear at the next court of oyer and terminer. , " The case of Peter Blacksfield, who, by a mis- take or design, was divested of his estate, and ruined, is so well known to your excellency, that we need say nothing more about it. " The people called quakers, who are by her ma- jesty admitted to plates of the most considerable trust within this province, are sometimes admitted 3N2 628 THE HISTORY OP AMERICA. to be evidences ; as one Mr. Beaks, a quaker, was in a capital case against one Thomas Bates, at a court of oyer and terminer, held by Justice Mompesson, Col. Coxe, Col. Huddy, and others ; on which evi- dence he was condemned to be executed ; and gome- times they have been refused to be .jurors or evi- dences, either in civil or criminal cases; so that their safety, or receiving the benefit of her majesty's fa- vour, seems not to depend on the laws, or her direct- ions, but the humours and caprices of the gentle- men who were judges of the courts. We, with all humanity, take leave to inform your excellency, that the Western division was settled by those peo- ple, who combated with all the inconveniences at- tending a new settlement ; and with great difficulty and charge have, from a wilderness, improved it to be what you now see it is ; there are great numbers of them in it, and should they not be admitted as evidences or jurors, they would be very unsafe; for it is in the power of ill men to come into their re- ligious assemblies, and murder as many as they please, and with impunity, though looked on by hundreds of quakers; or break open their houses and rob with safety : and the encouragement the gentlemen of the council have given to the meanest of the people, to abuse them, confirms us in the opinion, that there wants not those who have will enough to perpetrate the greatest mischiefs on that people, when they can escape the punishment due to their crimes. " The procedure of the whole body of the council, in relation to Mr. Barclay, is a demonstration of their arbitrariness and partiality, as by his case, now laid before your excellency, will more fully appear. When he produced a commission before them, from the proprietors in England, which superseded that lame one given to Mr. Soninans; they (as appears by an order of council) took the said commission from him ; than which nothing could be more arbitrary and unjust ; for that com- mission was the property of Mr. Barclay, and he had the right of executing the powers of it ; and if any persons were aggrieved, or the commission not good, the law was open to dispute it ; and a copy oi it Rent to the queen would have answered all the just ends that sending the original could do. Il was indeed a short way of determining in favour ol Peter Sonmans, and putting it out of the power oi Mr. Barclay to right himself during that admini- stration. The gentlemen may call this a strenuous asserting of the queen's prerogative royal ; but we can call it by no other name than an open robbery, 'committed in their judicial capacity, under a pre- tence of authority; than which nothing could be worse, or of more pernicious consequence. " To conclude, all persons not friends to the gentlemen of the council, or some of them, were sure in any trial at law to suffer ; every thing was done in favour of these that were : justice was ba- nished, and trick and partiality substituted in its place ; no man was secure in his liberty or estate ; but both subjected to the caprices of an inconsiderate party of men in power, who seemed to study nothing more than to make them as precarious as possible Your excellency's coming, has put a check to tha violent torrent of injustice and oppression, that bor< down every thing before it; and we hope, tha during your administration, ill men will not have authority to hurt, nor their representations gain any credit with a person so able to discern the motives of them ; which are no other than the gratification of their own resentments, even at the price of the >ublic safety, as we have in great measure already >roved ; and their proceedings now do plainly con- irm what we have offered : for what can be the in- ent of rejecting our bills without committing of hem, but to irritate us to that degree, that nothing might be done, either towards the support of the go- vernment, or the settling of a militia, that they might lave wherewithal to justify themselves in what they lave said of us ? What was the cause of their re- ecting the bill for preventing of corruption in courts of justice, but the consciousness of their own crimes, and the fears they had of that examine, which must necessarily have exposed their conduct to a due censure ? What was it that made them :hrow out the bill against bankrupts (though made by her majesty's express direction), and profess them- selves against any bill whatsoever on that head, but :he dread they had of feeling the just consequences of it themselves ? Nay, one of them, William Pin- horne, Esq., by name, was pleased to say, it was with horror and amazement he beheld a bill with that title ; we are not so fond of the bill as it was drawn, but that we would have readily joined with the council in any reasonable amendments, had they offered them ; but we think no honest man could be against a bill that makes the estates of persons becoming bankrupts, liable to pay their just debts ; and we hope New Jersey won't long be a sanctuary for such. The bill, entitled, ' An act for enabling persons aggrieved by an act for settling the militia of this province,' was, to make the dis- tresses unreasonably and illegally made on pretence of the militia act, returnable to the owners, and to punish the persons that did it; but this they will not pass, knowing that so just an act would be at- tended with consequences they can by no means bear; the instruments of that oppression being to be protected by them at any rate, and nothing to be heard against them, because they were officers of the government, though their practices were never so unreasonable or unjust, and her majesty's sub- jects left remediless, and must patiently sit down, after having their houses and plantations plundered, and their persons abused by a crew of needy and mercenary men, under pretence of law ; but it was such persons as were useful to them, and such they must, for their own safety, protect. It is for this reason they combine together to secure, as far as they are able, Jeremiah Bass, their clerk, the secre- tary of this province, and prothonotary of the su- preme court; in all these offices his pen is to be directed by them; they dread an honest man in these offices. How he has behaved himself, is in some measure known to your excellency, especially in the case of Dennis Linch, the Maidenhead people, and Peter Blacksfield ; the two last are notorious mal- versations in his office, and appear under his hand, and by the minute books of the supreme court; and it is no excuse in him, when men are turned out of their estates and ruined, to say, it was a mistake; if such an excuse would do, it is very easily made on any occasion; and in this province can be safe when such a person continues in offices of so great trust. All the original copies of the laws passed in the time of the just Lord Lovelace, are somehow or other made away with. Bass offers to purge himself by his oath, that he has them not, nor knows any thing of them ; and it may be so, for aught we know; but in this province where he is known, it is also known, that few men ever believed his common conversation, and several juries have refused to credit his oaths ; he corroborates what he says with UNITED STATES. 629 the evidence of Peter Sonmans, one of the council, a person once indicted for perjury ; and how he was cleared, the aforesaid memorial makes out ; so that we do not think him a person of sufficient credit to determine that point. It is certain that the secre- tary's office is the place those laws ought to be in, and he ought not on any pretence to have parted with them out of the province. It is certain the lieutenant-governor ought, within three months after the passing of them, to have sent copies of them to the lords commissioners for trade and plant- ations, and duplicates of them by the next convey ance after ; and this under pain of her majesty's highest displeasure, and the forfeiture of that year' salary, on which he should on any pretence whatso- ever omit the doing of it : how comes it then about that neither the secretary Bass, nor Mr. Cockrill, private secretary to the Lord Lovelace, and who lived six months after his master's death, was never examined about them ? Mr. Cockrill could have cleared up that matter while alive, if the lieutenant- governor could be thought so grossly to neglect what he knew to be his duty ; why did not Mr. Bass ap- ply to him in all that time for those laws ? If he had parted with them, as he pretends, so much against his will, it was very natural to suppose he would have used the utmost application to get them again ; yet no one inquiry is said to be made after them, either by Bass or the lieutenant-governor, of the Lady Lovelace, who staid in New York long after the death of her lord, or of his secretary ; nor no noise at all made about them till this time, so long after the arrival of your excellency : can any body think it was the interest of either the Lord or Lady Lovelace, or his secretary, or any of his lord- ship's friends, to destroy a law which gave the Lord Lovelace 800J., and without which he could not have it ? But it does appear to be the interest of the lieutenant-governor and his friends to destroy it ; for they had got an act passed, which took from the Lord Lovelace 330/, of that money, arid gave it to the lieutenant-governor ; and 270/. more of it was given to him for the support of the government. Had he sent the act made in favour of the Lord Lovelace to the queen for her approbation or dis- allowance, and her majesty had approved of it, as in all probability she would have done, then the act made in Colonel Ingoldsby's favour had been void ; but had the other gone home first, there was an ex- pectation it might pass, the quceft knowing no more about the first act, than that a vote had passed in favour of the Lord Lovelace, " And to make it plainly appear, that Colonel Ingoldsby and the gentlemen of the council were apprehensive of the danger of sending those acts to England, to the act we have now past, for making the printed copies as effectual as if the originals were in the secretary's office, that your excellency ir,ay be enabled to transmit them to her majesty, they have added a pi'ovidiug clause, that the act made in Col. Ingoldsby's tune (\y lich takes that money from the Lord Lovelace) s' all not by this act we have past, be made void in tne whole or any part thereof, but continue in full force and virtue as if this, act had never been made. This amend- ment they insist on, though they knew, and do know, we will never agree to a clause so foreign to the title and intent of the bill ; but this is done by them with design that the bill shall not pass, by which means her majesty will be without authentic copies of the acts during that good lord's administration ; and they hope will confirm the acts past in Colonel Ingoldsby's time. What we have said on this head, shows very plainly who are the persons that ought, with most reason to be charged, with the making away those original laws. " We are concerned we have so much reason to expose a number of persons, combined to do New Jersey all the hurt that lies in their power. Her majesty has been graciously pleased to remove Col. Richard Ingoldsby from being lieutenant-governor, and we cannot sufficiently express our gratitude for so singular a favour ; and especially for appointing your excellency to be our governor. We have all the reason in the world to be well assured, you will not forget that you are her subject, but will take care that justice be duly administered to the rest of her subjects here ; which can never be done while William Pinhorne, Roger Mompesson, Daniel Coxe, Richard Townley, Peter Sonmans, Hugh Huddy, and William Hall, or Jeremiah Bass, Esqrs., con- tinue in places of trust within this province ; nor can we think our liberties or properties safe while they do; but if they aie continued, must with our families desert the province, and seek some safer place of abode. We shall wait till your excellency can transmit accounts of the state of this colony to her majesty, and assure you that we will on all oc- casions very readily, to our power, comply with her majesty's directions, and be wanting in nothing that may conduce to make your administration happy, both to yourself and us. " Signed by order of the house of representatives, " WILLIAM BRADFOKD, Clerk." " Die Veneris, A. M. 9 Feb. 1710." This representation was received kindly by the governor; he answered, "that her majesty had iven him directions to endeavour to reconcile the differences that were in this province; but if he could not, that he should make a just representation to her ; and that he did not doubt, but that upon the representation he should make, her majesty would, take such measures as should give a general satis- faction." The governor accordingly backing the remon- strance to the queen, got all the counsellors re- moved that were pointed out by the assembly, as the cause of their grievances, and their places supplied 3y others. The business of this session being finish- ed, the governor prorogued the ht/use. A session of general assembly A second expedition to Canada Meeting of a New Assembly Last session in Hunter'* time An act passed for run- ning the division line between East and West Jersey William Bicrnet arrives as governor Is succeeded by John Montgomerie, Esq. Lewis Morris appointed Governor, separate from New York~ Affairs until the revolution. Governor Hunter convened the assembly in ;he summer, 1711, and opened business, with celling them, " That, her majesty's instructions which he was commanded to communicate, would discover the. reason of his calling them together at his time; and that he doubted not the matters herein contained would be agreeable to them, arid he success profitable. " That the fleet and forces destined for the reduc- ion of Canada were arrived in good health and condition, and would proceed in a little time ; that vhat was required on their parts, was the levying in ach division 180 effective private men, besides officers, and to provide for their encouragement, lay, and provisions, as well as transportation over 630 THE HISTORY OF AMERICA. the lakes, and other incidental charges attending the service." The assembly resolved to encourage this expedi- tion, by raising to the value of 12,500 ounces of plate, in bills of credit, to be sunk, together with the for- mer 3000/., by a subsequent tax ; and provided bills fur raising volunteers to go on the expedition, and ibr remitting the money. The governor passed the bills, and dismissed tlvnn with thanks, for the cheerful dispatch they had given. This wa,s the second expedition against Canada, the particulars of which have been fully given in the. preceding histories. In 1712 died Thomas Gardiner, of Burlington, several times mentioned before; he was well ac- quainted with public business, a good surveyor, and useful member of society ; several years one of the council, treasurer of the Western division, and the first speaker of assembly after the union of the go- vernments of East and West Jersey. The 7th of December, 1713, the governor called the assembly, and next day informed them, that he was glad to see them after so long an absence, and believed they were not sorry to meet him in so good company ; that the tender regard her majesty had to their quiet, in particular at a time when she had blessed the world with a general peace, called for their pious endeavours, and could not fail of meeting the returns due from the most grateful people, to the best and most indulgent princes ; that he was persuaded the efforts of such as had been removed from places of trust by the queen, at their request, would be too impotent to destroy the peace, by breaking that mutual confidence, or dis- turbing that harmony, that then subsisted between the several branches of the legislature ; that full of this confidence, he recommended to their immediate care, the providing for past arrears, and future support of her majesty's government, the discoun- tenancing vice and immorality, the improvement of trade and encouragement for planting and peopling the province ; that this could not be bet- ter effected than by a law to affirm and ascertain the respective properties of the proprietors and people, if they thought it practicable. That the gentlemen of the present council, hav- ing no views or interests differing from theirs, if they would agree to frequent and amicable confer- en,ces with them, or a number of them, upon all matters under deliberation, it would save much time and effectually disappoint all contrivances of their enemies j " Who. in return for their being at present no counsellors, had ridiculously endeavoured to Persuade some that they were n,o assembly." The assembly replied, " That they were indeed glad to meet him in such good company ; and as the persons who had hitherto obstructed the welfare of their country, were removed, they presumed on his favour oftener than heretofore ; they acknowledged themselves under the greatest obligatious to the best of queens, and hoped their actions would demon- strate they were not ungrateful." Among other bills passed this session, was that entitled, " An act that the solemn affirmation and declaration of the people called quakers, shall be accepted instead of an oath in the usual form, and for qualifying and enabling the said people to serve as jurors, and to execute any office or place of trust or profit within this province." This bill was introduced on the governor's com- municating to the house tbo queen's instruction on that head, after it was fully adjusted by the council and assembly; the second enacting clause was thought to be designedly left out by the secretary, who had it to engross, and it so passed the council without being perceived ; but on reading it again in the assembly it was discovered, and the secre- tary making his acknowledgment at the bar of the house, it passed over. This act continued till the year 1732, and then was supplied by another. Other laws were also passed; and this session concluded to mutual satisfaction. " I thank you," says the governor in his conclud- ing speech to the house, " for what has been done this sessions for the support of this her majesty's overnment, and do not doubt, but that you will receive ample thanks from those who sent you, for the many good laws that have been passed ; some things that in their nature were acts of favour, I have agreed that they thould be made acts of as- sembly, that your share may be greater in the rateful acknowledgment of your country. " I hope my conduct has convinced the world, (I cannot suppose you want any further conviction) that I have no other view than the peace and pros- perity of this province ; if such a few as are enemies to both, are not to be reduced by reason, I shall take the next best and most effectual measure to do it." The government was conducted in so quiet a manner that we find no public transactions to notice, until the year 1716, when Governor Hunter met a new assembly at Perth Amboy, in the spring, who chose Colonel Daniel Coxe, speaker; being pre- sented and accepted, the governor by speech in- formed them, " That the dissolution of one assembly by the demise of the late queen, of another by the arrival of a new patent from the present king, (George I.) constituting him governor of the province, and of a third by reason of a circumstance well known, together with the long sessions at York, and his necessary attendance on the service of the frontiers, had been the occasion of putting off their meeting till now; that on his part he brought with him a firm purpose for the advantage of the subject and service of the crown ; which, (says he) ' I have ever pursued, and now bid a fair defiance to the most malicious to assign one single instance in which I have acted counter to what I now profess, notwith- standing the false and groundless accusations and insinuations to the contrary, from two persons ou the other side, who pretended to have been in- structed from this ; which though they met with that contempt at home they deserved, I could not without injustice to myself let pass unmeiitioned here." ' The assembly being now convened at Amboy, when it ought in turn to have been at Burlington, were determined to remonstrate against the infringe- ment of the usual custom of alternately meeting at each of those places, and accordingly represented to the governor, that in the year 1709, an act was passed, entitled, " An act for ascertaining the place of the sitting of the representatives, to meet in general assembly ;" that in March, 1710. (he afore- said act was confirmed, finally enacted and ratified by her late majesty, with the advice of her privy- council, and transmitted to him (the governor) by the lords commissioners for trade and plantations, the 16th of said month. That as they found themselves entirely inclina- ble to pay all due regard and obedience to his UNITED STATES. 631 majesty's and the governor's commands, so they could not but think it their duty to maintain the known established laws of the province. And as that law had the royal sanction, and had gone through all the usual forms both here and in Great Britain, necessary to the confirming and perpetuating of it, they were of opinion it was still in force. The governor replied, That his majesty's in- structions, which were laws to him, having restored that affair to the just and equal footing upon which it was put by, and at the time of the surrender of the government by the proprietors, he could not give his consent to any alteration, or give way to any thing that might elude the intent and purpose of that instruction without giving juster grounds of complaint against him than he had hitherto given ; and that he had reasons of great weight, which made it impracticable for him to hold either council or assembly at Burlington at this time. The dispute being principally founded on the new commission to the governor, upon the accession of King George I. to the throne ; the assembly thought proper to let it drop, and pursue what was before them at the place where they were then convened : matters however did not proceed agreeably ; the speaker disliked the governor, and influenced many of the members : and the governor perceiving that there was no prospect of their answering the design of their meeting at that time, prorogued them. He summoned them to meet again at Amboy on the 14th of May, when only nine members appear- ing, they waited five days, and then presented an address, requesting the governor would take such methods as he should see meet, to cause the absent members to attend the service ; he sent warrants to several of them, commanding their attendance, as they would answer the contrary at their peril; four presently appeared, and there being now thir- teen met, the governor sent for them, and recom- mended their meeting at the house and choosing a speaker, (for their speaker was absent among the rest) in order to enable themselves to send their serjeant-at-arms for those that were still absent. The thirteen met the 21st, but the speaker being still absent, they proceeded to a new choice, and placed John Kinsey in the chair. This done, and the new speaker presented, the governor delivered the following speech : " Gentlemen, " The last time you were here upon the like oc- casion, I told you, that I thought fit to approve of whatever choice you thought fit to make of a speaker. I now tell you that I heartily approve of the worthy choice you have made. " As the conduct of that gentleman, who last filled the chair, sufficiently convinced you of a com- bination between him and his associates, to de- feat all the purposes of your present meeting ; I hope, and cannot doubt but it will open the eyes of all such as by his and their evil acts, and sinistrous practices, ha,ve been misled and imposed upon ; so that for the future, here, they will not find it so easy a matter to disturb the peace of the country. " I must refer you to what \ said at the opening of the assembly ; but harvest drawing near, I am afrajid you'll hardly have time for more business than what is absolutely and immediately requisite ; that is the support of the government, and the pub- lic credit ; you know that the date of the currency of your bills of credit is near expiring, so there will be wanting a new law to remedy the evil that must attend the leaving the country without a currency for ordinary uses, as well as trade. " ROBERT HUNTER." The house then examined into the conduct of their late speaker, and the absent members, who on the question were all at different times severally expelled for " contempt of authority and neglect of the service of their country," and writs issued for new elections. The 8th of next month, soon after the speaker's exclusion, but before the other members were ex- pelled, the assembly presented their address as follows : " May it please your excellency, " Your administration has been a continued series of justice and moderation, and from your past conduct we dare assure ourselves of a continuation of it, and we will not be wanting in our endeavours to make suitable returns, both in providing a hand- some support of the government, and of such a continuance as may demonstrate to you and the world, the sense we have of our duty and your worth. " The gentleman, our late speaker, has added this one instance of folly to his past demeanour, to convince us and the world, that in all stations, whether of a counsellor, a private man, or a repre- sentative, his study has been to disturb the quiet and tranquillity of this province, and act in contempt of laws and government; we are sensible of the effects it has had, and may have on the public peace ; and our expulsion of him, we hope, evinces that we are not the partisans of his heat and disaffection to the present government. We are very sorry he has been capable to influence so many into a combination with him, to make effectual his ill purposes ; but we hope it is rather the effect of weakness than malice, and that their eyes are now so much opened that they'll return to their duty, and join with us in providing for the public credit, and whatever else may make this province happy, and your excel- lency easy." Next the assembly resolved, " That the late members whom they had expelled, should not sit as members of the house if they should be returned on a new election, during this sessions of assembly." Notwithstanding this resolve, several of the same members were returned ; but refused seats in the house, and the electors obliged to choose over again. The governor then prorogued them to the 3d of October. In November the same house met at Cros- wicks, the small-pox being at Burlington ; the go- vernor opened the business of this session by telling them, That supporting government and public cre- dit, required their immediate deliberation ^ that they knew the funds for the first hM expired fi.fteer months ago, and that the other had suffered much by the obstinacy of some in refusing the payment of taxes, or remissness in others in collecting or put- ting the laws in execution, sufficient (if duly ex- ecuted) to have answered the end., and in a great measure prevented or remedied that evil ; that he doubted not they were now met with a good disposi- tion, as well as in full freedom, all clogs and bars being removed, to pursue to effect the good ends of their meeting, an,d to make good their engagements and promises in several addresses ; that the true interest of the people and government were the same, to wit, a government of laws ; that no other deserved the name; Jiiat this was never separated, or separable but in imagination by men of craft, 032 THE HISTORY OF AMERICA. such as were either abettors of lawless power on the one hand, or confusion and anarchy on the other; that the first was not the case of this province, and \ve had well-grounded hopes that all endeavours towards the latter were ceased. This session proved long and fruitful, continuing above two months ; and sixteen public and private bills received the governor's assent. In 1718 died Samuel Smith, one of the members of assembly for Burlington; he had sought happi- ness in obscurity, but being against his inclination called to this and other public stations, he passed through them with a clear reputation. In private life he was inoffensive, benevolent, and respected. This year was remarkable for an uncommon storm of hail : which fell larger than had been remem- bered before in the provinces, and killed many wild pigeons, and other birds, and did considerable damage. (1719.) In the spring Governor Hunter again met the assembly at Perth Amboy ; but, at the desire of the members, their private affairs interfering, they were adjourned to the winter, when meeting, he represented, " That the revenue was some time since expired; that when this came under consideration, he de- sired an augmentation of the officers' salaries ; that in former acts they were so scanty and so retrenched from what they had been, that the officers were not enabled to perform their respective dutic?. " That the assembly of N ew York had passed an act for running the division line betwixt this pro- vince; and that upon supposition, that another for the same purpose would be passed here ; that the justice due to the proprietors and the disturbances among the people, made such a law immediately necessary; that he had formerly recommended their providing for an agent at the court of Great Britain, and now repeated it; that the lords com- missioners for trade had in several of their letters complained of the want of one ; that this was the only province i-n his majesty's dominions that had none ; that by means of this omission their business in England stood still ; that that could not be de- layed without danger or loss to the public, since his administration had been negotiated by persons em- ployed by him. at his own very great expense, which he hoped they would consider; that as to projects of trade, he had no reason to change his opinion since they last met; that to this subject he referred them on what he then spoke." The assembly said in their address, " That they were not insensible the present circumstances of the goveinment as well as of the country, made their meeting necessary, notwithstanding the ri- gour of the season ; that they were not unmindful that the revenue was expired, nor of their duty in a reasonable support ; that they were willing to pass an act for running the division line betwixt this pro- vince and New York ; but conceived the expense of that affair belonged to the proprietors of the con- tested lands ; that they were very sensible an agent for the province at the court of Great Britain was very necessary, but were sorry the circumstances of the province were such, that they could not make u suitable provision for so useful an officer ; and that they would readily come into any measures that might be effectual to promote the trade and prosperity of the province." This session produced eleven public and private bills ; among them was one for running and ascer- taining the division line betwixt New Jersey and New York; but this act was never put iu execution further than fixing the north partition point ; this was done by indenture made the 25th of July, 1719, between II. Walter, Isaac Hicks and Allane Jarrat, surveyor-general, on the part of New York; John Johnston and George Willocks, on behalf of East Jersey ; Joseph Kirkbride and John Reading, en. behalf of West Jersey ; and James Alexander, sur- veyor-general, on behalf of both East and West Jersey : these commissioners and surveyors duly authorized, met at the place, and after many obser- vations of the latitude, unanimously, by the deed aforesaid, fixed the north partition point on the northernmost branch of Delaware ; which they found to be that branch called the Fish Kill. This done, the commissioners for West Jersey thought they were not further concerned ; the others, though both greatly interested in having it settled, left it in uncertainty till 1764, when by acts of assembly of both colonies, it was referred to be finally settled and determined by commissioners to be appointed by the crown. Another act also passed for running and ascertaining the line of division between East and West Jersey. The beginning of the summer this year (1719) afforded a fair prospect of a plentiful harvest, and much was expected from a great crop in the ground ; but an unseasonable quantity of rain coming on, it proved very bad, and many lost their corn entirely; it was long called the wet harvest. (1720.) We are now come to the end of Governor Hunter's administration, who resigned in favour of William Burnet (son of the celebrated bishop), and returned to England ; he nad a ready art at pro- curing money, few loved it more ; and this foible it is said drew him into schemes, gaming, and con- siderable losses. His address here was engaging and successful, he assented to most of the laws the people wanted, and filled the offices with men of character. He had before, so early as the year 1705, been appointed lieutenant-governor of Vir- ginia, under George earl of Orkney, and was on his voyage thither taken prisoner to France. The assembly at the sessions last mentioned, fixed for salary and incidental charges 600Z. per annum ; for two years this had been the accustomed support, since the surrender, except once in Lord Cornbury's time ; 500/. was provided in the succeed- ing administrations, till Lewis Morris, in 1738, became governor of New Jersey, separate from New York ; when it was augmented to 1000/ per annum, and 60/. house-rent, with 500/. addition the first year, for expenses attending his voyage, &c. Governor Burnet met the assembly soon after his arrival, but little business was then thought neces- sary, nor did they very well agree ; that house had been continued a long time, and were now dis- solved, and writs issued for a new election. The members returned were convened early in the spring 1721 ; they chose Dr. John Johnston, speaker. The governor opened the assembly with the fol- lowing speech : " Gentlemen, " The choice which the country has made of you to represent them, gives me a happy opportunity of knowing their sentiments ; now when they have been fully informed of mine in the most public man- ner, I have no reason to doubt, that after so much time given them to weigh and consider every par- ticular, you bring along with you their hearty reso- lutions to support his majesty's government, in UNITED STATES. such au ample and honourable manner as will be- j gratitude, and obedience to their sovereign King come you to offer, and me to accept; and in doing | George, his issue, and magistrates in their respect- this, I must recommend to you not to think of me, so much as of the inferior officers of this government, who want your care more, and whose salaries have hitherto amounted to a very small share of the pub- lic expense. I cannot neglect this occasion of con- gratulating you upon the treasures lately discovered in the bowels of the earth, which cannot fail of cir- culating for the general good, the increase of trade, and the raising the value of estates ; and now you are just beginning to taste of new blessings, I can- not but remind you of those which you have so long enjoyed, and without which all other advantages would but have increased your sufferings, under a Popish king and a French government. " You can ascribe your deliverance from these to nothing but the glorious revolution, begun by King William III., of immortal memory, and completed by the happy accession of his present majesty, King George, to the throne of Great Britain, and his entire success against his rebellious subjects at home, and all his enemies abroad. " To this remarkable deliverance, by an over- ruling hand of Providence, you owe the preservation of your laws and liberties, the secure enjoyment of your property, and a free exercise of religion, ac- cording to the dictates of your conscience. These invaluable blessings are so visible among us, and the misery of countries where tyranny and persecu- tion prevail, so well known, that I need not mention them, to raise in your minds the highest sense of your obligations to serve God, to honour the king, and love your country. " W. BURNET." The assembly presented the following address : " May it please your excellency; " We gladly embrace this opportunity to assure your excellency, that our sentiments and those we represent, arc one and the same, cheerfully to de- monstrate our loyalty to our sovereign King George, and submission to his substitute, and readiness to support his government over us in all its branches, in the most honourable manner the circumstances of this province will allow ; which we hope your excellency will accept of, though it fall short of what the dignity of his majesty's governor and the inferior officers of the government might expect, were the province in a more flourishing condition. " W T e thankfully acknowledge your excellency's congratulation, and doubt not when the imaginary treasures (except Mr. Schuyler's) become real, the country will not be wanting in their duty to his ma- jesty, in making your excellency and the officers of the government partakers of the advantage. " We doubt not but your excellency will extend your goodness to countenance any proposal that may tend to the public utility. " We hope your excellency will excuse us in fall- ing short of words, to express our thankful acknow- ledgements to God Almighty and those under him, who have been instruments in working deliverance to that glorious nation to which we belong, from popery, tyranny, and arbitrary power, wishing it may always be supplied with great and good men, that will endeavour their utmost to maintain his majesty's royal authority, and assert and defend the laws, liberties; and properties of the people, against all foreign and domestic invaders. " We beg your excellency to believe the sincerity of our thoughts, that there are none of his majesty's subjects that entertain hearts more loyal and af- fectionate, and desire more to testify their duty, ive degrees, than do the representatives of his ma- jesty's province of New Jersey. " JOHN JOHNSTON, Speaker." Sundry bills were prepared this sessions ; among these, one had a title too singular to be omitted " An act against denying the divinity of our Saviour Jesus Christ, the doctrine of the blessed Trinity, the truth of the Holy Scriptures, and spreading atheistical books." Assemblies in the colonies have rarely troubled themselves with these subjects, perhaps never before or since ; it probably arose from the governor's motion, who had a turn that way, and had himself written a book to unfold some part of the apocalypse ; the bill was however rejected on the second reading in the assembly. The sessions con- tinued near two months, the support was settled at 500/. a-year, for five years; the governor after passing that, and several other bills, dismissed the house with the following speech : " Gentlemen, I have so many reasons to thank you for your proceedings in this affair, that should I mention them all, time would not suffice me ; two I cannot but acknowledge in a most particular man- ner; the acts for the cheerful and honourable sup- port, and for the security of his majesty's govern- ment in this province. " I cannot but say, that I look upon the latter as the noblest present of the two ; as I think honour always more than riches. The world will now see the true cause of our misunderstandings in the last assembly, and that we met in the innocency and simplicity of our hearts ; that the enemy had sown such seeds of dissension among us, that defeated all our good purposes, and made us part with a wrong notion of one another. " It has pleased God now to discover the truth, and no man in his sober senses can doubt that the hand of Joab was then busy, as it is now certain that it has at this time. " It is a peculiar honour to me to be thus justified in all my conduct by the public act of the whole legislature ; and God knows my heart, that I am not fond of power, that I abhor all thoughts of re- venge, and that I study to keep a conscience void of offence towards God and towards man. " After the publication of the acts, I desire you to return to your house, and after having entered this speech in your minutes, to adjourn yourselves to the 1st day of October next; that though it is not probable we should meet so soon, it may not be out of our power if occasion should be. " May ft, 1722. " W. BURNET." Governor Burnet, after this, continued to preside over New York and New Jersey till 1727 ; when he was removed to Boston, and succeeded by John Montgomerie, Esq. In 1727 the following act was passed, which though but short, was ultimately found to be of great importance. " An act for the limitation of actions, and for avoid- ing suits in law. " For quieting men's estates and avoiding of suits : Be it enacted by the governor, council, and general assembly of this province, and it is hereby enacted by the authority of the same, That all the statutes now in force, in that part of Great Britain, called England, concerning the limitation of actions, real and personal, shall, and are hereby declared to be in force in this province from the publication here- of, as fully and effectually as if every of them were THE HISTORY OF AMERICA. herein at length repeated and enacted ; any law, usage, or custom to the contrary in any wise not- withstanding." The following extracts from the proceedings of the house of assembly of the colony of New Jersey, show the first steps towards getting a separate go- vernor appointed. " Die Jovis, 9th of January, 1728. A motion being made, whether the having a distinct governor for New Jersey be, in the opinion of the house, for the advantage of the province, or not ? A debate arising thereon, and the question being put, the previous vote was demanded, whether that question be now put or not ? It was carried in the affirma- tive: and then the question was put, whether the having a distinct governor for New Jersey be, in the opinion of the house, for the advantage of the province, or not ? It was carried in the affirmative. Then the house adjourned till three o'clock, P. M. " Three o'clock, P. M., the house met according to adjournment. Resolved, nemine contradicente, that the house will enter into consideration, what may be the most effectual method for obtaining a distinct governor for this province hereafter ; and it is ordered, that Mr. Kinsey, Mr. Stacy, Mr. Lambert, Mr. Eaton, Mr. Sonmans, and Mr. Bon- nell, wait on his excellency and council, with this and the last resolve, and desire their concurrence therein, and a conference touching the manner most likely to effect it ; and withal, to signify to the governor and that board, that it is in nowise the intention of this house to give him the least un- easiness (were it in their power) during the time he may continue in commission ; but only to take such measures as may best conduce to the end aforesaid, when his commission may determine by the king's pleasure or otherwise ; and this they con- ceive a duty incumbent upon them. Then the house adjourned till to-morrow, nine o'clock, A. M. " To the king's most excellent majesty. " The humble petition of the representatives of the province of New Jersey, in America, in general assembly convened. " Most gracious sovereign, " We, your majesty's most loyal and dutiful sub- jects, the representatives of your province of New Jersey, in general assembly convened, by the early care your majesty has been pleased to show for the general benefit of all your people, are animated to believe, that nothing which may contribute to the advantage and prosperity of this, (though small and distant) part of your dominions, will be denied us ; we therefore beg leave thus to approach your royal presence, in discharge of that duty we owe to your majesty and to our country, in the most humble manner here to represent: 44 That the inhabitants of this colony (formerly a proprietary government), since the surrender thereof to the crown, have always been under the same governor with your majesty's province of New York; that we humbly apprehend it would much more conduce to the benefit of this province, and no prejudice to that of New York, were their go- vernors, as are the governments, distinct. " It is a peculiar happiness many of our fellow subjects enjoy, to be near your royal person, and to partake of the immediate influence of so good a go- vernment; but since our distance deprives us of that great benefit, it might (we humbly conceive) in some degree be recompensed, by having a per- son clothed with your majesty's authority constantly residing amongst us. This we cannot expect while under the same governor with New York ; that go vernment necessarily taking up so much of our governor's time, that but a small part of it can fall to our share ; and his residence being chiefly there, renders applications to him from hence, on ordi- nary occasions, difficult, and in extraordinary cases (however willing) he may be unable to relieve un- til the affairs of that province will permit his coming into New Jersey. "Under the like difficulties, (and for the like reason) we have laboured in respect to our princi- pal officers, who have formerly been inhabitants of that colony ; which not only renders them less use- ful in their several stations, but by spending their salaries there, drained us of money, which would otherwise have circulated amongst us. " Our having the same governor with the colony of New York at first, was (as we humbly conceive) because this province was then in its infancy, the inhabitants few, and it might justly have been thought too heavy a burthen to maintain a governor of our own ; but since we are now much more nu- merous, and are as able and willing to support one, as divers of our neighbouring colonies, who en joy that benefit; we are humbly of opinion, the granting this colony such a governor, might tend to increase our wealth, and put us in a condition to emulate our neighbours in trade and navigation. " We entreat your majesty to believe, that no- thing we here say proceeds from any dissatisfaction to our present governor ; on the contrary, we are well pleased with his government, and desire it may continue during your royal pleasure; but all we humbly ask, is, that when your majesty shall think fit to put a period to his government, you will then graciously condescend to bestow a distinct governor on this your colony of New Jersey. " That your majesty may long live to enjoy the crown you wear with ease and delight, exceeding in honour your illustrious ancestors ; that when you part with an earthly diadem, it may be to receive a crown more permanent and glorious, and that Great Britain, and these your dominions, may be always happy in a sovereign, whose virtues are so con- spicuous (as in duty we are bound), shall be the prayers of, may it please your majesty, " Your majesty's most dutiful and'most loyal subjects. " By order of the house, " JOHN KINSEY, jun., Speaker." " Divers of the members of this assembly being of the people called quakers, concur to the matter and substance of this address, but make some ex- ception to the stile." This petition proceeding in the usual routine to the lords of trade, they made, after a considerable delay, the following report upon it. " To the right honourable the lords of the com- mittee of his majesty's most honourable privy council. " My Lords, We have considered the humble petitions of the president and council, the speaker, and several members of the assembly, of his ma- jesty's province of New Jersey; of the grand jury of the said province, and Mr. Richard Partridge, agent for New Jersey ; together with two other papers annexed to the last-mentioned* petition ; all of them referred to us by your lordships on the 24th day of May last ; humbly praying, for the reasons contained, that when his majesty shall nominate a governor for the province of New York, the province of New Jersey may not be included in his commis UNITED STATES. 635 ion, but that his majesty would be graciously pleased to appoint a separate governor for the said province of New Jersey. " We have considered the reasons given by the petitioners for this separation, and upon the best information we have been able to procure, we take leave to acquaint your lordships, that the allega- tions of the several petitions appear to be of great consequence ; and we cannot doubt but that a sepa- rate governor, whom the province is willing to sup- port, would be a means to give a quicker dispatch to their public affairs, to increase their trade and number of people, and very much advance the in- terest of the province. "Wherefore we are humbly of opinion, that his majesty may be graciously pleased to comply with the prayer oi' these petitions. " We are, my lords, your lordship's most obedient and most humble servants, " T. PELHAM, ' Whitehall, " ORL. BKIDGMAN, Aug. 5, 1736." " JA. BRUDEXELL." lu 1731 Governor Montgomerie had died ; to him had succeeded William Cosby, Esq., who continued until his death in 1731 ; and then the government had devolved on the president of the council, John Anderson, Esq., who also died two weeks after his assumption of the government. He was succeeded by John Hamilton, Esq., who governed two years ; until, after much delay, the wishes of the province were gratified by the granting a separate commis- sion to Lewis Morris, Esq., who in 1738 was ap- pointed governor of New Jersey only, and a sepa- rate governor was allowed to New York. This was the last public transaction of any great impoitance, until the revolutionary war. The seclusion from the Indian frontier, and the thriving nature of the colony, caused public affairs to proceed very calmly; and this province, therefore, furnishes no further ma- terials for history, until it took its share in the great contest for national independence. At the time we leave it, it possessed a population of about 40,000 souls; and a general desire for mental improve- ment had manifested itself in the foundation of a college, called Nassau Hall, at Princeton. CONNECTICUT. Tfie patent of Connecticut The discovery of Connecti- cut river Description of other rivers Plymouth and Dutch houses Prospects of trade upon the river. The great Plymouth company (of which a suffici- ent account has already been given) wished to make grants of their lands as fast as they could find pur- chasers ; and the persecution of the non-conformists was so severe in England, that men of fortune, as well as others, were anxious to provide, for them- selves and their friends, a retreat in America. On the 19th of March, 1631, Robert earl of Warwick, president of the council of Plymouth, under his hand and seal, granted and confirmed to the Honourable William Viscount Say and Seal, Robert Lord Brook, Robert Lord Rich, Charles Fiennes, Esq. Sir Nathaniel Rich, Sir Richard Saltonstall, and others, to the number of eleven, and to their heirs, assigns, and associates, for ever, " All that part of New England, in America, which lies and extends itself from a river there, called Narraganset river, the space of forty leagues upon a straight line near the sea-shore, towards the south- west, west and by south, or west as the coast lieth towards Virginia, accounting three English miles to the league, and all and singular the lands and hereditaments whatsoever, lying and being within the bounds aforesaid, north and south in latitude and breadth, and in length and longitude of, and within all the breadth aforesaid, throughoul all the main lands there, from the Western ocean to the south seas; and all lands, grounds, soil, wood and wood-lands, ground, havens, ports, creeks and rivers, waters, fishings and hereditaments what- soever, lying within the said space, and every parl and parcel tnereof ; and also, all islands lying in America aforesaid, in the said seas, or either o: them, on the western or eastern coasts, or jiarts of the said tracts of land, by these presents to be given or granted." The council of Plymouth, the pre- ceding year, 1630, granted this whole tract to the Earl of Warwick, and it had been confirmed to him by a patent from King Charles I. This is the original patent of Connecticut. The settlers of the two colonies of Connecticut and New Haven were the patentees of Viscount Say and Seal, Lord Brook, and their associates, to whom the patent was originally given. President Clap describes the extent of the tract, conveyed by this patent, in the words following : " All that part of New England which lies west from Narraganset river, a hundred and twenty miles on the sea-coast ; and from thence, in latitude and breadth aforesaid, to the South sea. This grant extends from Point Judith to New York ; and from thence, in a west line to the south sea : and if we take Narraganset river in its whole length, this tract will extend as far north as Worcester : it com- prehends the whole of the colony of Connecticut, and much more." Neal, Douglass, Hutchinson, and all ancient historians and writers, have repre- sented all the New England grants as extending west from the Atlantic ocean to the south sea. In- deed the words of the patent are most express, de- claring its extent to be south-west or west, to- wards Virginia, to be in length and longitude throughout all the main lands to the South sea. And from this construction of the patents, con- gress have taken a formal surrender of the unap- propriated western lands from particular states, and from Connecticut no less than from others. The first discovery of Connecticut was of its principal river and the fine meadows lying upon its bank. Whether the Dutch at New Netherlands, or the people of New Plymouth, were the first disco verers of the river, is not certain. Both the English 636 THE HISTORY OF AMERICA. and Dutch claimed to be the first discoverers, and both purchased and made a settlement of the lands upon it nearly at the same time. In 1631, Wahquimacut, a sachem upon the river Connecticut, made a journey to Plymouth and Boston, earnestly soliciting the governors of each of the colonies to send men to make settlements upon the river. He represented the exceeding fruitfulness of the country, and promised that he would supply the English, if they would make a settlement there, with corn annually, and give them eighty beaver skins. He urged that two men might be sent to view the country. Had this invitation been accepted, it might have prevented the Dutch claim to any part of the lands upon the river, and opened an extensive trade, in hemp, furs, and deer skins, with all the Indians upon it, aud far into Canada. The governor of Massachusetts treated the sachem and his company with generosity, but paid no fur- ther attention to his proposal. Mr. Winslow, the governor of Plymouth, judged it worthy of more at- tention. It seems, that soon after he went to Con- necticut, and discovered the river and the adjacent parts. The commissioners of the united colonies, in their declaration against the Dutch, in 1653, say, " Mr. Winslow, one of the commissioners for Plymouth, discovered the fresh river when the Dutch had neither trading-house nor any pretence to a foot of land there." It very soon appeared that the earnestness with which the Indian sachem solicited the English to make settlements on the river, originated in the distressed state of the river Indians. Pekoah, at that time the great sachem of the Pequims, or Pe- quots', was conquering them, and driving their sachems from that part of the country. The In- dian king imagined that, if he could persuade the English to make settlements there, they would de fend him from his too powerful enemies. * (1632.) The next year, the people of New Ply- mouth made more particular discoveries upon thi river, and found a place near the mouth of the little river, in Windsor, at which they judged a trading house might be erected, which would be advanta geous to the colony. The Indians represented that the river Connecti cut extended so far north, and so near the grea lake, that they passed their canoes from the lak into it ; and that from the great swamps about th lake came most of the beaver in which they traded One of the branches of Onion river, in Vermont is within ten miles of Connecticut river. This wa anciently called the French river. The French am Indians from Canada came by this river, and from this into Connecticut, when they made their attack on the northern frontiers of New England an Connecticut. Connecticut river has its source in that gran ridge of mountains which divides the waters of New England and Canada, and extends north-easterl to the gulf of St. Lawrence. The source of it highest branch is in about 45 degrees and a half, o 46 degrees of north latitude. Where it enters Ne 1 England, in 45 degrees of north latitude, it is te rods in breadth, and in running sixty miles furthe; it becomes twenty-four rods wide. It forms th boundary line between New Hampshire and Vermon about two hundred miles. Thence running throug the states of Massachusetts and Connecticut, it di embogues its waters into Long Island sound, b< tweeu Saybrook and Lyme. It runs with a gent! ow, as its course is between three and four hun- red miles. Its breadth through Connecticut, as a .edium, is between a hundred rods and half a mile, n the high spring floods it overflows its banks, nd in some places is nearly two miles in breadth. s its banks are generally low, it forms and ferti- ses a vast tract of the finest meadow; in which a one is scarcely to be found. The general course f this beautiful river, above, and between the tates of New Hampshire and Vermont, is nearly outh-west. At a small distance from its mouth is bar of sand, apparently formed by the conflux of ic river and tide. Upon this there are but ten feet f water at full tide. The bar is at such a distance rom the mouth of the river, that the greatest floods o not increase the depth of the water. This is ome obstruction to navigation, but any vessel, hich can pass the bar, may proceed without ob- truction as far as Middletown, thirty miles from he sound ; and vessels of eighty, and a hundred ons, go up to Hartford, fifty miles from the river's uouth. By means of locks and cuts, at the falls, t is now navigable for boats, more than three undred miles. In Connecticut there is one exception to the owness of the river's banks. About three miles elow Middletown the river makes its way through wo mountains, by which its breadth is contracted o about forty rods. This occasions the waters, ometimes, in the spring floods, to lise, even at iartford, twenty feet above the common surface >f the river. This, for the length of its course, its gentle flow, its excellent waters, the rich and ex- .ensive meadows which it forms, and the immense quantities of fish, with which it abounds, is one of ;he finest rivers in New England. None of the ancient adventurers, who discovered he great continent of North America, or New Eng- and, made any discovery of this river ; and it does not appear that it was known to any civilized nation, until some years after the settlement of the English and Dutch, at Plymouth and New Netherlands. From this fine river, which the Indians called Quonehtacut, or Connecticut, (in English, the long river,) the colony originally took its name ; and it may be accounted one of the principal sources of its wealth. The Housatonick and the little or Farmington river, westward of it, and Pequot river, now called the Thames, on the east, are also considerable sources of its prosperity. The Housatonick, now commonly called Stratford river, has two principal branches. One rises in Lanesborough. and the other in Windsor, in the county of Berkshire, in Massachusetts. When ij; enters Connecticut, be- tween Salisbury and Canaan, it is about fifty rods wide, and running through the whole length of the colony, it flows into the sound between Milford and Stratford. It is navigable twelve miles to Derby. Between Milford and Stratford it is about eighty rods wide, and there is about four fathoms of water. Were it not obstructed, by a bar of shells, at the mouth, it would admit large ships. Between Salisbury and Canaan is a cataract where the water of the whole river falls perpendicularly sixty feet. The fall produces a perfectly white sheet of water, and various rainbows. The Naugatuck, or Waterbury river, is another considerable branch of the Housatonick. Its source is in Torrington and running through Harwinton, Plymouth and Waterbury, it empties itself into the Housatonick at Derby. UNITED STATES. 637 The little, or Farmington river rises in Becket, in Massachusetts, crosses the boundary line be- weeu the colonies at Hartland, and passing through Berkhempsted and New Hartford, runs south below the centre of Farmington ; then, making a remark- able turn, it runs back nearly a north course twelve or fourteen miles into Simsbury, where it turns easterly, and running into Windsor, discharges its waters into Connecticut river nearly in the centre of the town. This formerly was replenished with all kinds of fish in as great a profusion as Con- necticut. The numerous dams, which more lately have been erected upon it, have very greatly ob- structed their passage. Pequot river, or the Thames, empties into the sound at New London. It is navigable fourteen miles to Norwich landing. Here it loses its name, and branches into Shetucket on the east, and Nor- wich, or little river, on the west. About a mile from the mouth of the little river is a romantic cataract. The Shetucket, which name it bears as far only as the southern boundary of Windham, is formed fey the Willamantick and Quenibaug rivers. The Willamantick has its source in Massachusetts, enters Connecticut at Stafford, and is the boundary line between Tolland and Wellington, Coventry and Mansfield, and passing by Windham, loses fctsself in the Shetucket. Quenibaug rises in Brim- field, in Massachusetts, and passing through Stur- bridge and Dudley, crosses the line between that state and Connecticut, at Thompson ; and dividing Pomfret from Killingly, Canterbury from Plainfield, and Lisbon from Preston, flows into the Shetucket. The colony is watered and fertilized by numerous other rivers, of less extent and utility. As the people of Plymouth had explored Con- necticut river, and fixed upon a place convenient for building and commerce, and found the original proprietors of the soil desirous of their making set- tlements among them, they judged it an affair worthy of public and immediate attention. In July, 1633, Mr. Winslow and Mr. Bradford therefore made a journey to Boston, to confer with Governor Winthrop and his council, on the subject. Governor Winslow and Mr. Bradford proposed it to them, to join with Plymouth, in a trade to Connec- ticut for hemp and beaver, and to erect a house for the purposes of commerce. It was represented as necessary, to prevent the Dutch from taking pos- session of that fine country, who, it was reported, were about to build upon the river ; but Governor Winthrop -declined the motion : objecting that it was not jumper to make a plantation there, because there were three or four thousand warlike Indians upon the river ; and because the bar at the mouth of it was stich, that small pinnaces only could pnter it at high water; and because that, seven months in the year, no vessels could go into it, by reason of the ice. and the violence of the stream. The Plymouth people therefore determined to undertake the .enterprise at their own risk. Pre- parations were made for erecting a trading-house, and establishing a small company upon the river. In the mean time, the master of a vessel from Mas- sachusetts, who was trading at New Netherlands, showed to Walter Van Twiller, the Dutch governor, the commission which the English had to trade and sHttle in New England; and that, his majesty the king of England had granted all these parts to his own subjects. He therefore desired that the Dutch would not build at Connecticut. This appears to have been done at the direction of Governor Win- throp ; for, in consequence of it, the Dutch governor wrote a very complaisant letter to him, in which he represented, that the lords, the States-general, had granted the same country to the West India com- pany. He requested, therefore, that the English would make no settlements at Connecticut, until the affair should be determined between the court of England and the States-general: This appears to have been a piece of policy in the Dutch go- vernor to keep the English still, until the Dutch had got a firm footing upon the river. Several vessels, this year, went into Connecticut river to trade. John Oldham, from Dorchester, and three men with him, also travelled through the wilderness to Connecticut, to view the country and trade with the Indians. The sachem upon the river made him most welcome, and gave him a present in beaver. He found that the Indian hemp grew spontaneously in the meadows, in great abundance : and he purchased a quantity of it; \\hich upon trial, appeared much to exceed the hemp which grew in England. William Holmes, of Plymouth, with his company, having prepared the frame of a house, with boards and materials for covering it immediately, put them on board a vessel, and sailed for Connecticut. Holmes had a commission from the governor of Plymouth, and a chosen company, to accomplish his design. When he came into the river, he found that the Dutch had got in before him, made a light fort, and planted two pieces of cannon ; this was erected at the place since called Hartford. The Dutch forbid Holmes' going up the river, stood by their cannon, ordered him to strike his colours, or they would fire upon him : but he was a man of spirit, assured them that he had a commission from the go- vernor of Plymouth to go up the river, and that he must obey his orders : they poured out their threats, but he proceeded, and landing on the west side of the river, erected his house (October 1633) a little below the mouth of the little river, in Windsor. The house was covered with the utmost dispatch, and fortified with palisadoes. The sachems, who were the original owners of the soil, had been driven from this part of the country, by the Pequots ; and were now "carried home on board Holmes' vessel. Of them the Plymouth people purchased the land, on which they erected their house. This, Governor Wolcott says, was the first house erected in Con- necticut. The Dutch, about the same time, erected a trading- house at Hartford. It was with great difficulty that Holmes and his company erected and fortified their house, and kept it afterwards. The Pequot Indians were offended at their bringing home the original proprietors, and the Dutch that they had settled there, and were about to rival them in trade, and in the possession of those excellent lands upon the river: they were obliged therefore to combat both, and to keep a con- stant watch upon them. The Dutch, before the Plymouth people took pos- session of the river, had invited them, in an ami- cable manner, to trade at Connecticut ; but when they were apprised that they were making prepara- tions for a settlement there, they repented of the invitation, and spared no exertions to prevent them. On the 8th of June, 1634, the Dutch had sent Jacob Van Curter, to purchase lands upon the Con- necticut. He made a purchase of about twenty acres at Hartford, of Nepuquash, a Pequot leader. Of this the Dutch took possession in October, and 638 THE HISTORY OP AMERICA. on the 25th of the month, Curler protested against William Holmes, the builder of the Plymouth house. Some time afterwards, the Dutch governor, Walter Van Twiller, of fort Amsterdam, dispatched a rein- forcement to Connecticut, designing to drive Holmes and his company from the river. A band of seventy men, under arms, with banners displayed, assaulted the Plymouth house, but they found it so well forti- fied, and the men who kept it so vigilant and de- termined, that it could not be taken without blood- shed : they therefore came to a parley, and finally returned in poace. The people of New Plymouth had carried on a trade upon Connecticut river for nearly two years before they erected a trading-house. They found the country to be excellent, and the trade profitable ; but that, were there a house and company to re- ceive the commodities which were brought down from the inland country, the profits would be much greater. The country abounded with beaver. The Dutch purchased not less than ten thousand skins annually. Plymouth and Massachusetts people sometimes sent, in a single ship, for England, a thousand pounds sterling worth of otter and beaver skins. The extent of Connecticut river, the numer- ous Indians upon it, and the easy communication which they had with the lakes, and natives of Canada, gave an extensive opening for a trade in furs, skins, corn, hemp, and all kinds of commodities which the country afforded. This was a year of great sickness at Plymouth. They lost twenty of their people. Some of them were their principal and most useful inhabitants. The state of the country of Connecticut when th? set- tlement of the colony commenced Its trees and fruits Its animals Number, situation, genius, manners, arms, utensils, and wars of the Indians. When the English became first acquainted with that tract comprised within the settled part of Con- necticut, it was a vast wilderness. Except in places where the timber had been destroyed, and its growth prevented by frequent fires, the groves were thick and lofty. The Indians so often burned the country, to take deer and other wild game, that in many of the plain, dry parts of it, there was but little small timber. Where lands were thus burned there grew bent grass, or as some called it, thatch, two, three, and four feet high, according to the strength of the land. This, with other combustible matter, which the fields and groves produced, when dry, in the Spring and fall, burned with violence and killed all the small trees. The large ones escaped, and gene- rally grew to a notable height and magnitude. In this' manner the natives so thinned the groves, that they were able to plant their corn and obtain a crop. The constant fall of foliage, with the numerous kinds of weeds and wild grass, which annually died and putrified on the lands, yielded a constant ma- nure, and exceedingly enriched them. Vegetation was rapid, and all the natural productions of the (country luxuriant. It abounded with the finest oaks of all kinds, with chestnut, walnut, and wild cherry trees, with all kinds of maple, beech, birch, ash, and elm. The butter- nut tree, buttonwood, basswood, poplar, and sassa- fras trees, were to be found generally upon all tracts in Connecticut. White, yellow, and pitch pine white and red cedar, hemlock and spruce, grew plenteou.sly in many places. In the north am north-western part of the colony were excellent grove of pine, with spruce and fir trees. The white woo( ree also, notable for its height and magnitude making excellent boards and clapboards, was the natural growth of the country. In some towns white wood trees have grown in great abundance. All >ther kinds of small trees, of less utility, common ,o New England, flourished in Connecticut. The country abounded with a great variety of wild fruit. In the groves were walnuts, chestnuts, mtternuts, hazlenuts and acorns in great abund- ance. Wild cherries, currants and plums, were natural productions. In the low lands, on the >anks of the rivers, by the brooks and gutters, there was a variety and plenty of grapes. The country also abounded with an almost endless variety of es- culent and medicinal berries, herbs and roots. Among he principal and most delicious of these were straw- berries, blackberries of various kinds, raspberries, dewberries, whortleberries, bilberries, blueberries and mulberries. Cranberries also grew plenteously n the meadows, which when well prepared furnish a rich and excellent sauce. Juniperberries, bar- )enies and bayberries, which are of the medicinal cind, grow spontaneously in Connecticut. The alter is an excellent and useful berry, producing a most valuable tallow. It is of a beautiful green, and has a fine perfume. Beside these, there was a profusion of various other kinds of berries of less consideralion. Some even of these, however, are very useful in various kinds of dyes and in certain medicinal applications. The earth spontaneously produced ground nuts, artichokes, wild leeks, onions, garlics, turnips, wild pease, plantain, radish, and other esculent roots and herbs. Among the principal medicinal vegetables of Connecticut are the blood root, seneca snake root, iquorice root, dragon root, pleurisy root, spikenard, elecampane, Solomon's seal, sarsaparilla, senna, bit- tersweet, ginseng, angelica, masterwort, motherwort, ungwort, consumption root, great and small canker weed, high and low centaury, sweet and blue flag, elder, maidenhair, pennyroyal, celandine, mallow, marsh mallow, slippery elm, adder's tongue and rattle- snake weed. Indeed a great proportion of the roots and plants of the country, with the bark, buds and roots of many of the trees, are used medicinally. There is a great variety of plants and flowers, the names and virtues of which are not known. The country was no less productive of animals than of natural fruit. In the groves there were plenty of deer, moose, fat bears, turkeys, herons, partridges, quails, pigeons, and other wild game, which were excellent for food. There were surh incredible numbers of pigeons in New England, when the English became first acquainted with it, as filled them with a kind of astonishment. Such numerous and extensive flocks would be seen flying for some hours, in the morning, thai they would obscure the light. An American historian writes, " It passeth credit, if but the truth were written." Connecticut abounded in furs. Here were otters, beaver, the black, grey, and red fox, the racoon, mink, musk-rat, and various other animals, of the fur kind. The wolf, wild cat, and other animals, common in New England, were equally so in Con- necticut. Wolves were numerous in all parts of New England, when the settlements commenced, and did great damage to the planters, killing their sheep, calves, and young cattle. The country afforded an almost incredible plenty of water-fowl, namely, wild geese, and ducks of all kinds, wigeons, sheldrapes, bvoadbills, and teal of UNITED STATES. 639 various sorts, which were both wholesome and pa- latable. There was also a great variety, and an abundance of fish. Connecticut river, in particular, was noted for excellent salmon. As Connecticut abounded in wild animals, so it did also with wild and savage men. In no part of New England were the Indians so numerous, in proportion to the extent of territory, as in Connec- ticut. The sea-coast, harbours, bays, numerous ponds and streams, with which the country abound- ed, the almost incredible plenty of fish and fowl which it afforded, were exceedingly adapted to their convenience and mode of living. Its fer- tility and the excellence of its waters, naturally col- lected them in great numbers to this tract. Neither wars, nor sickness, had so depopulated this as they had some other parts of New England. From the accounts given of the Connecticut In- dians, they cannot be estimated at less than twelve or sixteen thousand. They might possibly amount to twenty. They could muster, at least, tl:ree or four thousand warriors. It was supposed, in 1633, that the River Indians only could bring this number into the field. These were principally included within the ancient limits of Windsor, Hartford, Weatherstieid, and Middletown. Within the town of Windsor only, there were ten distinct tribes, or sovereignties. About the year 1670, their bowmen were reckoned at two thousand. At that time, it was the general opinion, that there were nineteen Indians, in that town, to one Englishman. There was a great body of them in the centre of the town. They had a large fort a little north of the plat on which the first meeting-house was erected. On the east side of the river, on the upper branches of the Podunk, they were very numerous. There were also a great number in Hartford. Besides those on the west side of the liver, there was a distinct tribe in East Hartford. These were principally situated upon the Podunk, from the northern boundary of Hartford, to its mouth, where it flows into the Con- necticut. Totanimo, their first sachem with whom the English had any acquaintance, commanded two hundred bowmen. These were called the Podunk Indians. At Mattabesick, now Middletown, was the great sachem Sowheag. His fort, or castle, was ou the high ground, facing the river, and the adjacent country, on both sides of the river, was his sachem- dom. This was extensive, comprehending the ancient boundaries of Weathersfield, then called Pyquaug, as well as Middletown. Sequin was saga- more at Pyquaug, under Sowheag, when the English began their settlements. On the east side of the river, in the tract since called Chatham, was a considerable clan, called the Wongung Indians. At Machemoodus, now called East Haddam, was a numerous tribe, famous for their pawaws, and worshipping of evil spirits. South of these in the easternmost part of Lyme, were the western Ne- hanticks. These were confederate with the Pequots. South and east of them, from Connecticut river to the eastern boundary line of the colony, and north- east or north, to its northern boundary line, lay the Pequot and Moheagan country. This tract was nearly thirty miles square, including the counties of New London, Windham, and the principal part of the county of Tolland. Historians have treated of the Pequots and Mo- heagans as two distinct tribes, and have described the Pequot country as lying principally within the three towns of New London, Groton, and Stoning- ton. All the tract above this, as far north and east as has been described, they have represented as the Moheagan country. Most of the towns in this tract, if not all of them, hold their lands by virtue of deeds from Uncas, or his successors, the Moheagan sachems. It is, however, much to be doubted whether the Moheagans were a distinct nation from the Pequots. They appear to have been a part of the same nation, named from the place of their situation. Uncas was evidently of the royal line of the Pequots, both by his father and mother; and his wife was daughter of Tatobam, one of the Pequot sachems. He appears to have been a leader, or petty sachem, under Sassacus, the great prince of the nation. When the English first came to Connecticut, he was in a state of rebellion against him, in consequence of some misunderstand- ing between them ; and of little power or conse- quence among the Indians. The Pequots were by far the most warlike na- tion in Connecticut, or even in New England. The tradition is, that they were originally an inland tribe ; but, by their prowess, came down and settled themselves in that fine country along the sea-coast, from Nehantick to Narraganset bay. When the English began their settlements at Connecticut, Sassacus had twenty-six sachems, or principal war- captains, under him. The next to himself, in dig- nity, was Mononottoh. The chief seat of these In- dians was at New London and Groton. New London was their principal harbour, and called Pequot harbour. They had another small harbour at the mouth of Mystic river. Their principal fort was on a commanding and most beautiful eminence, in the town of Groton, a few miles south-easterly from fort Griswold. It commanded one of the finest prospects of the sound and the adjacent country which is to be found upon the coast. This was the royal fortress, where the chief sachem had his re- sidence. He had another fort near Mystic river, a few miles to the eastward of this, called Mystic fort. This was also erected upon a beautiful hill, or emi- nence, gradually descending towards the south and south-east. The Pequots, Moheagans, and Nehan- ticks, could, doubtless, muster a thousand bowmen. The Pequots only were estimated at seven hundred warriors. Upon the lowest computation we there- fore find at least three thousand warriors on tha river Connecticut, and in the eastern part of the colony. If we reckon every third person a bowman, as some have imagined, then the whole number of Indians, in the town and tract mentioned, would be nine thousand ; but if there were but one to four or five, as is most probable, then there were twelve or fifteen thousand. West of Connecticut river and the towns upon it, there were not only scattered families in almost every part, but, in several places, great bodies of Indians. At Simsbury and New Hartford they were numerous; and upon those fine meadows, formed by the meanders of the little river at Tunxis, now Farmington, and the lands adjacent, was another very large clan. There was a small tribe at Guil ford, under the sachem squaw, or queen, of Menun katuck. At Branford and East Haven there was another. They had a famous burying-ground at East Haven, which they visited and kept up with mu^h ceremony for many years after the settlement of New Haven. At Milford, Derby, Stratford, Nor- walk, Stamford, and Greenwich, their numbers were formidable. At Milford, the Indian name of which 340 THE HISTORY OP AMERICA was Wopowage, there were great numbers; not only in the centre of the town, but south of it, at Milford point. On the west part of the town was another party. They had a strong fortress, with flankers at the four corners, about half a mile north of Stratford ferry. This was built as a defence against the Mohawks. At Turkey hill, in the north- west part of Milford, there was another large set- tlement. In Derby there were two large clans. And there was one at Paugusset. This last clan erected a strong fort against the Mohawks, situated on the bank of the river, nearly a mile above Derby ferry. At the falls of Naugatuck river, four or five miles above, was another tribe. At Stratford, the Indi- ans were equally, if not more numerous. In that part of the town only which is comprised within the limits of Huntington, their warriors, after the English had knowledge of them, were estimated at three hundred ; and, before this time, they had been much wasted by the Mohawks. The Indians at Stamford and Greenwich, and in that vicinity, probably were not inferior in num- bers to those at Stratford. There were two or three tribes of Indians in Stamford when the English began the settlement of the town. In Norwalk were two petty sachemdoms; so that within these towns there was a large and dangerous body of savages. These, with the natives between them and Hudson's river, gave extreme trouble to the Dutch. The Norwalk and Stamford Indians gave great alarm, and occasioned much expense to the English, after they made settlements in that part of the colony. In the town of Woodbury there were also great numbers of Indians. The most numerous body of them was in that part of the town, since named South Britain. It would doubtless be a moderate computation to reckon all these different clans at a thousand war- riors, or four or five thousand people. There must, therefore, have been sixteen, and it may be, twenty thousand Indians in Connecticut when the settle- ment of it commenced. East of Connecticut were the Narraganset In- dians : these were a numerous and powerful body. When the English settled Plymouth, their fighting men were reckoned at three or four thousand. Fifty years after this time, they were estimated at two thousand. The Pequots and Narragansets maintained perpetual war, and kept up an implacable animosity between them. The Narragansets were the only Indians in the vicinity of the Pequots which they had not conquered. To these their very name was dreadful. They said Sassacus was "all one God; no man could kill him." On the north-easterly and northern part of the colony were the Nipmuck Indians. Their principal seat was about the great ponds in Oxford, in Mas- sachusetts, but their territory extended southward into Connecticut more than twenty miles. This was called the Wabbequasset and Whetstone coun- try ; and sometimes, the Moheagau conquered country, as Uncas had conquered and added it to his sachemdom. The Connecticut, and indeed all the New Eng- land Indians, were large, straight, well-proportioned men. Their bodies were firm and active, capable of enduring the greatest fatigues and hardships. Their passive courage was almost incredible. When tortured in the most cruel manner, though flayed alive, though burnt with fire, cut or torn limb from *imb, they would not groan, or show any signs of distress ; and in some instances they would glory over their tormentors, saying that their hearts would never be soft until they were cold, and representing their torments as sweet as Englishmen's sugar. When travelling in summer, or winter, they re- garded neither heat nor cold. They were exceed- ingly light of foot, and would travel or run a very great distance in a day. Mr. Williams says, "I have known them run between eighty and a hundred miles in a summer's day, and back again within two days." As they were accustomed to the wood, they ran in them nearly as well as on plain ground. They were exceedingly quick-sighted, to discover their enemy, or their game, and equally artful to conceal themselves. Their features were tolerably regular. Their faces were generally full as broad as those of the English, but flatter ; they have a small, dark-coloured good eye, coarse black hair, and a fine white set of teeth. The Indian children, when born, are nearly as white as the English child- ren; but as they grow up, their skin grows darker, and becomes nearly of a copper colour. The shapes both of the men and women, especially the latter, are excellent. A crooked Indian is rarely if ever to be seen. The Indians in general were quick of apprehen- sion, ingenious, and when pleased, nothing could exceed their courtesy and friendship. Gravity and eloquence distinguished them in council, address and bravery in war. They were not more easily provoked than the English ; but when once they had received an injury, it was never forgotten. In anger they were not, like the English, talkative and boisterous, but sullen and revengeful. Indeed, when they were exasperated, nothing could exceed their revenge and cruelty. When they have fallen into the power of an enemy, they have not been known to beg for life, nor even to accept it when offered them. They have seemed rather to court death. They were exceedingly improvident. If they had a supply for the present, they gave themselves no trouble for the future. The men declined all labour, and spent their time in bunting, fishing, shooting, and warlike exercises. They were excellent marks- men, and rarely missed their game, whether running or flying. They imposed all the drudgery upon their women, who gathered and brought home their wood, planted, dressed, and gathered in their corn ; bore home the venison, fish and fowl which the men took in hunting ; and when they travelled, carried the child- ren, packs, and provisions ; they submitted patiently to such treatment, considering it as the hard lot of the women, and repaid the ungenerous usage with smiles and good humour. The Indian men cared little for their children when young, and were sup- posed at certain times to sacrifice them to the devil. The Indian women were strong and masculine } and as they were more inured to exercise and hard- ship than the men, were even more firm and capable of fatigue and suffering than they. They endured the pains of child-bearing without a groan. It was not uncommon for them, soon after labour, to take their children upon their backs and travel as they had done before. The clothing of the Indians in New England was the skins of wild beasts. The men threw a light mantle of skins over them, and wore a small flap, but were not very punctilious. The women were much more modest; and wore a coat of skins girt about their loins, which reached down to their hams, which they never put off in company. If tho hu* UNITED STATES. 641 band chose to sell his wife's beaver petticoat, she j squashes were the only eatables for which they la- could not be persuaded to part with it, until he had provided another of some sort. In the winter, their blanket of skins, which hung loose in the summer, was tied or wrapped more closely about them. The old men in the severe sea- sons also wore a sort of trowsers made of skins, and fastened to their girdles. They wore shoes without heels, which they called mockasins. These were made generally of moose hide, but sometimes of buck-skin. They were shaped entirely to the foot, gathered at the toes and round the ankles, and mad fast with strings. Their ornaments weie pendants in their cars and nose, carved of bone, shells, and stone. These were in the form of birds, beasts, and fishes. They also wore belts of wampompeag upon their arms, over their shoulders and about their loins. They cut their hair into various antic forms and stuck them with feathers. They also, by incisions into which they conveyed a black or blue unchangeable dye, made on their cheeks, arms, and other parts of their bodies, the figures of moose, deer, bears, wolves, hawks, eagles, and all such living creatures as were most agreeable to their fancies. These pictures were indelible, and lasted during life. The sachems, on great days, when they designed to show them- selves in the full splendour of majesty, not only covered themselves with mantles of moose, or deer skins, with various embroideries of white beads, and with paintings of different kinds; but they wore the skin of a bear, wild cat, or some terrible creature, upon their shoulders and arms. They had also necklaces offish-bones, and painting themselves in a frightful manner, made a most ferocious and hor- appearance. The warriors who, on public rible occasions, dressed themselves in the most wild and terrific forms, were considered as the best men. The Indian houses or wigwams were, at best, but poor smoky cells. They were constructed generally like arbours of small young trees, bent and twisted together, and so curiously covered with mats or bark, that they were tolerably dry and warm. The Indians made their fire in the centi-e of the house, and there was an opening at the top which emitted the smoke. For the convenience of wood and water, these huts were commonly erected in groves, near some river or spring. When the wood failed, the family removed to another place. They lived in a miserable manner: their, food was coarse and simple, without any kind of season- ing : they had neither spice, salt, bread, nor butter, cheese, nor milk ; and they drank nothing better than water : they fed on the flesh and entrails of moose, deer, bears, and all kinds of wild beasts and fowls ; on fish, eels, and creeping things. In the hunting and fishing seasons, they had venison, moose, fat bears, racoons, geese, turkeys, ducks, and fish of all kinds. In the summer, they had green corn, beans, squashes, and the various fruits which the country naturally produced. In the winter they subsisted on corn, beans, fish, nuts, groundnuts, acorns, and the very gleanings of the grove. They had no set meals, but like other wild crea- tures, ate when they were hungry, and could find any thing to satisfy the cravings of nature. Some times they had little or nothing for several days ; but when they had provisions, they feasted. If they fasted for some time, they were sure at the next meal to make up for all they had lost before. They boured. The earth was both their seat and their table. With trenchers, knives, and napkins, they had no acquaintance. Their household furniture was of small value. Their best bed was a mat or skin ; they had neither chair nor stool. They ever sat upon the ground, commonly with their elbows upon their knees : this is the manner in which their great warriors and counsellors now sit, even in the most public treaties with the English. A few wooden and stone vessels and instruments serve all the purposes of domestic life. They had no steel nor iron instrument. Their knife was a sharp stone, shell, or kind of reed, which they sharpened in such a manner, as to cut their hair, make their bows and arrows, and serve for all the purposes of a knife. They had axes of stone, somewhat similar in shape to ours ; but with this difference, that they were made with a neck in- stead of an eye, and fastened with a withe, like a blacksmith's chisel. They had mortars and stone pestles, and chisels ; and great numbers of these have been found in the country, and kept by the people as curiosities. They dressed their corn with a clamshell, or with a stick, made flat and sharp at one end. These were all the utensils which they had, either for domestic use, or for hus- bandry. Their arts and manufactures were confined to a very narrow compass. Their only weapons were bows and arrows, the tomahawk and the wooden sword or spear. Their bows were of the common construction : their bowstrings were made of the sinews of deer, or of the Indian hemp. Their ar- rows were constructed of young elder-sticks, or of other straight sticks and reeds ; and were headed with a sharp flinty stone, or with bones. The ar- row was cleft at one end, and the stone or bone was put in and fastened with a small cord. The toma- hawk was a stick of two or three feet in length, with a knob at one end : sometimes it was a stone hat- chet, or a stick, with a piece of deer's horn at one end, in the form of a pick-axe. Their spear was a straight piece of wood, sharpened at one end, and hardened in the fire, or headed with bone or stone. With respect to navigation, they had made no improvements beyond the construction and ma- nagement of the hollow trough or canoe. They made their canoes of the chestnut, whitewood, and pine trees. As these grew straight to a great length, and were exceedingly large as well as tall, they constructed some, which would carry sixty or eighty men : these were first rates ; but commonly they were not more than twenty feet in length, aud two in breadth. The Pequots had many of these, in which they passed over to the Islands for plunder. The construction of these, with such miserable tools as the Indians possessed, was a great curiosity. When they had found a tree to their purpose, to fell it they made a fire at the root, and kept burn- ing it and cutting it with their stone axe, until it fell ; then they kindled a fire at such a distance from the butt as they chose, and burned it off again. By burning and working with their axe, and scraping with sharp stones and shells, they made it hollow and smooth. In the same manner they shaped the ends, and finished it. They constructed nets, twenty and thirty feet in length, for fishing ; especially for the purpose of had but little food from the earth, except what it catching sturgeon : which were wrought with cords i,pontaueously produced. Indian corn, beans and of Indian hemp, twisted by the hands of the women. HUT. OF AMER. Nos. 81 & 82. 3 O 642 THE HISTORY OF AMERICA. They had also hooks made of flexible bones, which they used for fishing. With respect to religion and morals, the Indians in New England were in the most deplorable con- dition. They believed, according to the most re- ceived accounts, that there was a great Spirit, or God, whom they called Kitchtan. They imagined that he dwelt far away in the south-west, and that he was a good God. But they worshipped a great variety of other gods. They paid homage to the five and water, thunder and lightning, and to whatever they imagined to be superior to themselves, or ca- pable of doing them an injury. They paid their principal homage to Hobbamocko; who they ima- gined was an evil spirit and did them mischief ; and so, from fear, they worshipped him, to keep him in good humour. They appeared to have no idea of a Sabbath, and not to regard any particular day more than another. But in times of uncommon distress, by reason of pestilence, war, or famine, and upon occasion of great victories and triumph, and after the in-gathering of the fruits, they assembled in great numbers, for the celebration of their superstitious rites. The whole country, men. women and children, came together upon these solemnities. The manner of their devotion was, to kindle large fires in their wigwams, or more commonly in the open fields, and to sing and dance round them in a wild arid violent manner. Sometimes they would all shout aloud, with the moat antic and hideous notes. They made rattles of shells, which they shook, in a wild and violent manner, to fill up the confused noise. After the English settled in Connecticut, and they could purchase kettles of brass, they used to strain skins over them, and beat upon them, to augment their wretched music. They often continued these wild and tumultuous exercises incessantly, for four or five hours, until they were worn down and spent with fatigue. Their priests, or powaws, who led in these exercises, were dressed in the most, odd and surprising manner, with skins of odious and frightful creatures about their heads and bodies : they sometimes sang, and then broke forth into strong invocations, with starts and strange motions and passions: when they paused, the other Indians groaned, making wild and doleful sounds. At these times, they sacrificed their skins, Indian money, and the best of their treasures. These were taken by the powaws, and all cast into the fires and con- sumed together. After the English came into the country, and they had hatchets and kettles, they sacrificed them in the same manner. The English were also persuaded that they sometimes sacrificed their children, as well as their most valuable com- modities. No Indians in Connecticut were more noted for these superstitions than those of Wopo- wage and Machemoodus. Milford people observing an Indian child, nearly at one of these times of their devotion, dressed in an extraordinary manner, with all kinds of Indian finery, had the curiosity to inquire what could be the reason. The Indians answered, that it was to be sacrificed, and the peo- ple supposed that it was given to the devil. The evil spirit, which the New England Indians called Hobbamocko, the Virginia Indians called Okee. So deluded were these unhappy people, that they be- lieved these barbarous sacrifices to be absolutely necessary ; and imagined that unless they appeased and conciliated their gods in this manner, they would neither suffer them to have peace, nor har- vests, fish, venison, fat bears, nor turkeys ; but would visit them with a general destiuction. With respect to morals, they were indeed misera- bly depraved. Mr. Williams and Mr. Callender, who, at an early period, were acquainted with the Indians in Rhode Island, Mr. Hooker, and others, have represented them as sunk into the lowest state of moral turpitude, and as the very dregs of human nature. Though the character which they gave them was, in some respects, exaggerated and ab- surd, yet it cannot be denied that they were wor- hippers of evil spirits, liars, thieves, and murder- ers. They certainly were insidious and revengeful, almost without a parallel ; and they wallowed in gross sensualities. Groat pains were taken with the Nanaganset and Connecticut Indians, to civilize them, and tench them Christianity ; but the sachems rejected the Gospel with indignation and contempt. They would not suffer it to be preached to their subjects. Indeed, both made it a public interest to oppose its propagation among them. Their policy, religion, and manners were directly opposed to its pure doctrines and morals. The manner of their courtship and marriages manifested their impurity. When a young Indian wished for marriage, he presented the girl with whom he was enamoured, with bracelets, belts, and chains of wampum. If she received his presents, they cohabited together for a time, upon trial, and if they were pleased Avith each other, they were joined in marriage ; but if, after a few weeks, they were not suited, the man, leaving his presents, quitted the girl, and sought another mistress, and she another lover. In this manner they courted, until two met who were agreeable to each other. Before marriage the consent of the sachem was ob- tained, and he always joined the hands of the young pair in wedlock. The Indians, although they indulged in other in- tercourse, had one wife, who was the governess of the family, and whom they generally kept during life. In cases of adultery* the husband either put away the guilty wife, or satisfied himself by the in- fliction of some severe punishment. Husbands and wives, parents and children, lived together in the same wigwams, without any different apartment, and made no great privacy of such actions as the chaster animals keep from open view. The Indian government, generally, was absolute monarchy. The will of the sachem was his law. The lives and interests of his subjects were at his disposal. But in all important affairs, he consulted his counsellors. When they had given their opin- ions, they deferred the decision of every matter to him. Whatever his determinations were, they ap- plauded his wisdom, and without hesitation obeyed his commands. In council, the deportment of the sachems was grave and majestic to admiration. They appeared to be men of great discernment and policy. Their speeches were cautious and politic. The conduct of their counsellors and servants was profoundly respectful and submissive. The counsellors of the Indian kings in New Eng- land were termed the paniese. These were not only the wisest, but largest and bravest men to be found among their subjects. They were the imme- diate guard of their respective sachems, who made neither war nor peace, nor attempted any weighty affair, without their advice. In war, and all great enterprises, dangers, and sufferings, these discovered a boldness and firmness of mind exceeding all the other warriors. To preserve this order among the Indians, great pains were taken. The stoutest and most promising UNITED STATES. 643 boys were chosen, and trained up with peculiar care, in the observation of certain Indian rites and cus- toms. They were kept from all delicious meats, trained to coarse fare, and made to drink the juice the crimes nor the punishments are esteemed so in- famous, among the Indians, as to groan or shrink under suffering. The sachems were so absolute in their government, that they contemned the limited of bitter herbs, until it occasioned violent vomitings. | authority of the English governors. They were beaten over their legs and shins with The Indians had no kind of coin ; but they had through brambles and | a sort of money, which they called wampum, or sticks, and made to run thickets, to make them hardy, am. as the Indians said, to render them more acceptable to Hobba- raocko. These paniese, or ministers of state, were in league with the priests, or powaws. To keep the people in awe, they pretended, as well as the priests, to have converse with the invisible world, and that Hob- barnocko often appeared to them. Among the Connecticut Indians, and among all the Indians in New England, the crown was here- ditary, always descending to the eldest son. When there was no male issue, the crown descended to the female. The blood-royal was held in such venera- tion, that no one was considered as heir to the crown but such as were royally descended on both sides. When a female acceded to the crown, she was called the sunk squaw, or queen squaw. There were many petty sachems, tributary to other princes, on whom they were dependant for protection, and without whose consent they made neither peace, war, nor alliances with other nations. The revenues of the crown consisted in the con- tributions of the people. They carried corn, and the first fruits of their harvest of all kinds, beans, squashes, roots, berries, and nuts, and presented them to their sachem. They made him presents of flesh, fish, fowl, moose, bear, deer, beaver, and other skins. One of the paniese was commonly ap- pointed to receive the tribute. When the Indians brought it, he out to them, am notice to his sachem, who went by good words and somo small gifts, expressed his gratitude. BY these contributions, his table was supplied ; so that he kept open house for all strangers and travellers. Besides, the prince claimed an absolute sovereignty over the seas within his dominion. Whatever was stranded on the coast, all wrecks and whales floating on the sea, and taken, were his. In war, the spoils of the enemy, and all the women and royalties of the prince conquered, belonged to him who made the conquest. The sachem was not only examiner, judge, and wampumpeag, which, as has been observed before, consisted of small beads, most curiously wrought out of shells, and perforated in the centre, so that they might be strung on belts, in chains and bracelets. These were of several sorts. The Indians in Con- necticut, and in New England in general, made black, blue, and white wampum. Six of the white beads passed for a penny, or blue ones for the same. and three of the black The five nations made of justice between one man and another. In cases of dishonesty, the Indians proportioned the punish- ment to the number of times in which the delinquent had been found guilty. For the first offence, he was reproached for his villany in the most disgrace- ful manner ; for the second, he was beaten with a cudgel upon his naked back. If he still persisted in his dishonest practices, and was found guilty a third time, he was sure, besides a sound drubbing, to have his nose slit, that all men might know and avoid him. Murder was, in all cases, punished with death. The sachem whipped the delinquent and slit his nose, in cases which required these punish- ments ; and he killed the murderer, unless he were at a great distance. In this case, in which execu- tion could not be done with his own hands, he sent his knife, by which it was effected. The Indians would not receive any punishment which was not capital, from the hands of any except their sachems. They would neither be beaten, whipped, nor slit by an officer: but their prince might inflict these punishments to the greatest extremity, and they would neither run, cry, nor flinch. Indeed, neither another sort, which were of a purple colour. The white beads were wrought out of the inside of the great conches, and the purple out of the inside of the muscle shell. They were made perfectly smooth, and the perforation was done in the neatest manner. Indeed, considering that the Indians had neither knife, drill, nor any steel or iron instrument, the workmanship was admirable. After the English settled in Connecticut, the In- dians strung these beads on belts of cloth in a very curious manner. The squaws made caps of cloth rising to a peak over the top of the head, and the fore part was beautified with wampum, curiously wrought upon them. The six nations now weave and string them in broad belts, which they give in their treaties, as a confirmation of their speeches and the seals of their friendship. The Indians of Connecticut and New England, although consisting of a great number of different nations and clans, appear all to have spoken radi- cally the same language. The Indians in Connecticut, and in all parts of New England, made great lamentations at the burial of their dead. Their manner of burial was to dig holes in the ground with stakes, which were made broad and shai-pened at one end. Sticks were laid across the bottom, and the corpse, which was pre- viously wrapped in skins and mats, was let down upon them. The arms, treasures, utensils, paint, and ornaments of the dead, were buried with them, and a mound of earth was raised upon the whole. In some instances the Indians appear to have used executioner, in all criminal cases, but in all matters a kind of embalming, by wrapping the corpse in large quantities of a strong scented red powder. In some parts of New England, the dead were buried in a sitting posture with their faces-towards the east. The women on these occasions painted their faces with oil and charcoal, and while the burial was per- forming, they, with the relatives of the dead, made the most hideous shrieks, howlings, and lament- ations. Their mourning continued, by turns, at night and in the moi'ning, for several days^ During this term all the relatives united in bewailing the dead. When the English began the settlement of Con- necticut, all the Indians both east and west of Con- necticut river, were tributaries, except the Pequots, and some few tribes which were in alliance with them. The Pequots had spread their conquests over all that part of the state east of the river. They had also subjugated the Indians on the sea- coast, as far eastward as Guilford. Uncas there- fore, after the Pequots were conquered, extended his claims as far as Hammonasset, in the eastern part of that township. The Indians in these parts were therefore tributaries to the Pequots. The Mohawks had not only carried their conquests 302 644 THE HISTORY OF AMERICA. as far southward as Virginia, but eastward, as far as Connecticut river. The Indians therefore, in the western parts of Connecticut, were their tribu- taries. Two old Mohawks, every year or two, might be seen issuing their orders and collecting their tribute, with as much authority and haughti- ness as a Roman dictator. It is indeed difficult to describe the dread of this terrible nation, which had fallen on all the Indians in the western parts of Connecticut. If they neg- lected to pay their tribute, the Mohawks would come down against them, plunder, destroy, and carry them captive at pleasure ; and when they made their ap- pearance in the country, the Connecticut Indians would instantly raise a cry from hill to hill, a Mo- hawk ! a Mohawk ! and fly without attempting the least resistance. The Mohawks would cry out, in the most terrible manner, in their language, import- ing " We are come, we are come, to suck your blood." When the Connecticut Indians could not escape to their forts, they would immediately flee to the English houses for shelter, and sometimes the Mohawks would pursue them so closely as to enter with them, and kill them in the presence of the family. If there was time to shut the doors they never entered by force, nor did they, upon any oc- casion, do the least injury to the English. When they came into this part of the country for war, they used their utmost art to keep themselves undis- covered. They would conceal themselves in swamps and thickets, watching their opportunity, and then on a sudden rise upon their enemies and kill or cap- ture them, before they had time to make any resistance. About the time when the settlement of New Ha- ven commenced, or not many years after, they came into Connecticut, and surprised the Indian fort at Paugusset. To prevent the Connecticut Indians from discovering them, and that not so much as a track of them might be seen, they marched in the most secret manner, and when they came near the fort travelled wholly in the river. Secret- ing themselves near the fort, they watched their opportunity, and suddenly attacking it, with their dreadful yellings and violence, they soon took it by force, and killed and captured whom they pleased. Having plundered and destroyed, at their pleasure, they returned to their strong holds west of Albany. The Indians in Connecticut who were slaugh- tered and oppressed, either by the Pequots or Mo- hawks, were generally friendly to the settlement of the English among them ; as they expected, by their means, to be defended against their terrible and cruel oppressors. They also found themselves benefitted by trading with them; thus furnishing themselves with knives, hatchets, axes, hoes, kettles and various instruments and utensils which they prized ; and t|iey found a much better market for their furs, corn, poultry, and all their vendible commodities. The English were also careful to treat them with justice and humanity, and to make such presents to their sachems and great captains as should keep them in good humour. By these means the English lived in tolerable peace with all the Indians in Connecticut, except the Pequots, for about forty years. The Indians, at their first settlement, performed many acts of kindness towards them. They in- structed them in the manner of planting and dress- ing the Indian corn : carried them upon their backs through rivers and waters; gave them much useful information respecting the country, and when the English or their children were lost in the woods, and were in danger of perishing with hunger or cold, they conducted them to their wigwams, fed them, and restored them to their families and pa- rents ; they often also supplied them with corn, when suffering from famine. The people at Dorchester, Watertown and Newtown, finding themselves straitened in the Massachusetts, determine to remove to Connecticut -Debates in Massachusetts relative to their removal The general court at first prohibit it, but afterwards give its consent The people remove and settle the towns of Windsor, Hartford and Weathersfield Hardships and losses of the first winters. (1634.) Such numbers were constantly emigrat- ing to New England, in consequence of the per- secution of the puritans in England, that the people at Dorchester, Watertown and Newtown, in Massachusetts, began to be much straitened by the accession of new planters. By those who had been at Connecticut, they had received intelligence of the excellent meadows upon the river, and they therefore determined to remove, and once more brave the dangers and hardships of making new settle- ments. Upon application to the general court for the enlargement of their boundaries, or for liberty to remove, they, at first, obtained consent for the latter. However, when it was afterwards disco- vered that their determination was to plant a new colony at Connecticut, there arose a strong opposi- tion ; so that when the court convened in Septem- ber, there was a warm debate on the subject, and a great division between the houses. Indeed, the whole colony was affected with the dispute. Mr. Hooker (a clergyman who had left England from persecution.) took up the affair and pleaded for the people. He urged, that they were so straitened for accommodations for their cattle, that they could not support the ministry, neither receive, nor as- sist any more of their friends who might come over to them. He insisted that the planting of towns so near together was a fundamental error in their policy. He pleaded the fertility and happy accommodations of Connecticut: urged that settle- ments upon the river were necessary to prevent the Dutch and others from possessing themselves of so fruitful and important a part of the country ; and that the minds of the people were strongly inclined to plant themselves there. On the other side it was insisted, that in point of conscience they ought not to depart, as they were united to the Massachusetts as one body, and bound by oath to seek the good of that commonwealth; and that on principles of policy it could not, by any means, be granted: and it was further pleaded, that as the settlements in the Massachusetts were new and weak, they were in danger of an assault from their enemies : that the departure of Mr. Hooker and the people of those towns would not only draw off many from the Massachusetts, but prevent others from settling in the colony. Be- sides, it was said, according to Scriptural phrase, that the removing of a candlestick was a great judg- ment: and that by suffering it they should expose their brethren to great danger, both from the Dutch and Indians. Indeed, it was affirmed that they might be accommodated by the enlargements of- fered them by the other towns. After a long and warm debate, the governor, two assistants, and a majority of the representatives, were for granting UNITED STATES. 645 liberty for Mr. Hooker and the people to transplant themselves to Connecticut. The deputy-governor, however, and six of the assistants were in the nega- tive, and so no vote could be obtained. This made a considerable ferment, not only in the general court, but in the colony ; so that Mr. Cotton was desired to preach on the subject to quiet the court and the people of the colony. Individuals, however, were determined to prose- cute the business, and made preparations effectually to carry it into execution ; and it appears that some of the Watertown people went this year (1634) to Connecticut, and erected a few huts at Pyquag, now Weathersfield, in which a small number of men made a shift to winter : at least this is the tradition, and the Rev. Mr. Meeks, of Weathersfield, in his manuscript says, Weathersfield is the oldest town on the river. (1635.) While the colonists were thus prosecuting the business of settlement in New England, the Right Honourable James, Marquis of Hamilton, obtained a grant from the council of Plymouth, April 20th, 1635, of all that tract of country which lies between Connecticut river and Narraganset river and harbour, and from the mouths of each of the said rivers northward 60 miles into the country. However, by reason of its interference with the grant to the Lord Say and Seal, Lord Brook, &c., or for some other reason, the deed was never exe- cuted. The Marquis made no settlement upon the land, and the claim became obsolete. The next May (1635), the Newtown people, de- termining to settle at Connecticut, renewed their application to the general court, and obtained liberty to remove to any place which they should choose, with this proviso, that they should continue under the jurisdiction of the Massachusetts ; and conse- quently a number cf Mr. Warham's people went this summer into Connecticut, and made prepara- tions to bring their families, and make a permanent settlement on the river. The Watertown people gradually removed, and prosecuted their settlement at Weathersfield. At the same time, the planters at Newtown began to make preparations for remov- ing to Hartford the next spring. Meanwhile, twenty men arrived in Massachusetts, sent over by Sir Richard Saltonstall, to take possession of a great quantity of land in Connecticut, and to make settle- ments under the patent of Lord Say and Seal, with whom he was a principal associate. The vessel in which they came over, on her return to England, in the fall, was cast away on the isle Sable. As the Dorchester men had now set down at Connecticut, near the Plymouth trading-house, Governor Bradford wrote to them, complaining of their conduct, as injurious to the people of Ply- mouth, who had made a fair purchase of the Indians, and taken a prior possession. The Dutch also, alarmed by the settlements mak- ing in Connecticut, wrote to Holland for instruct- ions and aid, to drive the English from their settle- ments upon the river. The people at Connecticut having made such pre- parations as were judged necessary to effect a per- manent settlement, began to remove their families and property. On the 15th of October, 1635, about sixty men, women, and children, with their horses, cattle, and swine, commenced their journey from the Massachusetts, through the wilderness, to Con- necticut river. After a tedious and difficult jour- ney, through swamps a,nd rivers, over mountains and rough ground, which were passed with great difficulty and fatigue, they arrived safely at the places of their respective destination. They were so long on their journey, and so much time and pains were spent in passing the river, and in getting their cattle over, that, after all their exertions, winter came upon them before they were prepared, which was the occasion of much distress and damage. Nearly at the same time, Mr. John Winthrop, son of Governor Winthrop, of Massachusetts, ar- rived at Boston, with a commission from Lord Say and Seal, Lord Brook, and other noblemen and gentlemen interested in the Connecticut patent, to erect a fort at the mouth of Connecticut river ; arid their lordships sent over men, ordnance, ammuni- tion, and 2,000/. sterling, for the accomplishment of their design. Mr. Winthrop was directed, by his commission, immediately on his arrival, to repair to Connecti- cut, with fifty able men, and to erect the fortifica- tions, and to build houses for the garrison, and others who might choose to go to settle in Connecticut. They were first to build houses for their then present ac- commodation, and after that, such as should be suit- able for the reception of persons of property ; the latter were to be erected within the fort, and it was required that the planters, at the beginning, should settle themselves near the mouth of the river, and set down in bodies, that they might be in a situa- tion for intrenching and defending themselves. The commission made provision for the reservation of a thousand or fifteen hundred acres of good land, for the maintenance of the fort, as nearly adjoining to it as might be convenient. Mr. Winthrop, having intelligence that the Dutch ' were preparing to take possession of the mouth of the river, as soon as he could engage twenty men, and furnish them with provisions, dispatched them in a small vessel, of about thirty tons, to prevent their getting the command of the river, and to ac- complish the service to which he had been appointed. A few days after the party, sent by Mr. Winthrop, arrived at the mouth of the river, a Dutch vessel ap- peared off the harbour, from New Netherlands, sent on purpose to take possession of the entrance of the river, and to erect fortifications ; but the English had, by this time, mounted two pieces of cannon, and prevented their landing, and thus pre- served to themselves this fine tract of country. Mr. Winthrop was appointed governor of the river Connecticut, and the parts adjacent, for the term of one year. He erected a fort, built houses, and made a settlement, according to his instructions. One David Gardiner, an expert engineer, assisted in the work, planned the fortifications, and was ap- pointed lieutenant of the fort. Mr. Davenport also, and others, who afterwards settled New Haven, were active in this affair, and hired Gardiner in be- half of their lordships. As the settlement of the three towns on Connec- ticut river was began before the arrival of Mr. Win- throp, and the design of their lordships to make plantations upon it was known, it was agreed that the settlers on the river should either remove, upon full satisfaction made, by their lordships, or else sufficient room should be found for them and their companies at some other place. The winter set in this year much sooner than isual, and the weather was stormy and severe. By the 15th of November, Connecticut river was frozen over, and the snow was so deep, and the season so tempestuous, that a considerable number of the cattle, which had been driven on from the Massa- 646 THE HISTORY OF AMERICA. chusetts, could not be brought across the river. The people had so little time to prepare their huts and houses, and to erect sheds and shelters for their cattle, that the sufferings of man and beast were extreme. Indeed, the hardships and distresses of the first planters of Connecticut scarcely admit of a description. To carry much provision or furniture through a pathless wilderness, was impracticable. Their principal provisions and household furniture were, therefore, put on board several small vessels, which, by reason of delays and the tempestuousriess of the season, were either cast away or did not arrive. Several vessels were wrecked on the coasts of New England, by the violence of the storms. Two shal- lops laden with goods, from Boston to Connecticut, in October, were cast away on Brown's island, near the Gurnet's nose ; and the men, with every thing on board, were lost. A vessel, with six of the Con- necticut people on board, which sailed from the river for Boston, early in November, was, about the middle of the month, cast away in Manamet bay. The men got on shore, and, after wandering ten days in deep snow and a severe season, without meeting with any human being, arrived, nearly spent with cold and fatigue, at New Plymouth. By the latter end of November, or beginning of December, provisions generally failed in the settle- ments on the river. Some of the settlers driven by hunger, attempted their way, in this severe season, through the wilderness, from Connecticut to Massa- chusetts ; but of thirteen, in one company, who made this attempt, one, in passing the rivers, fell through the ice, and was drowned; and the other twelve were ten days on their journey, and would all have perished, had it not been for the assistance of the Indians. Indeed, such was the distress in general that, by the 3d and 4th of December, a considerable part of the new settlers were obliged to abandon their habitations. Seventy persons, men, women, and children, were necessitated, in the extremity of winter, to go down to the mouth of the river, to meet their provisions, as the only ex- pedient to preserve their lives. Not meeting with the vessels which they expected, they all went on board the Rebecca, a vessel of about sixty tons; which two days before was frozen in twenty miles up the river ; but by the falling of a small rain and the influence of the tide, the ice became so broken, and was so far removed, that they made a shift to get out ; the vessel ran, however, upon the bar, and the people were forced to unlade it to get it off: it was then reladen, and in five days reached Boston. The people who kept their stations on the river suffered in an extreme degree. After all the help they were able to obtain by hunting, and from the Indians, they were obliged to subsist on acorns malt, and grains. Numbers of the cattle, which could not be got over the river before winter, livec through without any thing but what they found in the woods and meadows. They wintered as well or better, than those which were brought over, ant for which all the provision was made, and pains taken, of which the owners were capable. However, a great number of cattle perished. The Dorchester or Windsor people lost, in this single article, about 200/. sterling, and their other losses were very con siderable. It is difficult to describe, or even to conceive, the apprehensions and distresses of a people, in these circumstances : all the horrors of a dreary wilder ness spread themselves around them. They wer encompassed with numerous fierce and cruel tribes f wild and savage men, who could have easily lestroyed them in their feeble and distressed condi- ion. They had neither bread for themselves, nor children ; neither habitations nor clothing conveni- t-nt for them. Whatever emergency might happen, hey were cut off, both by land and water, from any uccour or retreat. For a few years after the settlements on the river commenced, they bore the same name with the towns n the Massachusetts, whence the first settlers came. (1636.) The Connecticut planters at first settled under the general government of the Massachusetts, jut they held courts of their own, which consisted of two principal men from each town ; and, on great and extraordinary occasions, these were joined with committees, as they were called, consisting of three men from each town. These courts had power to ;ransact all the common affairs of the colony, and with their committees, had the power of making war and peace, and treaties of alliance and friend- hip with the natives within the colony. The first court in Connecticut was holden at Newtown, April 26th, 1636. It consisted of Roger Ludlow, Esq., Mr. John Steel, Mr. William Swain, Mr. William Phelps, Mr. William Westwood, and Mr. Andrew Ward. Mr. Ludlow had been one of the magistrates of Massachusetts in 1630, and in 1631 had been chosen lieutenant-governor of that colony. At this court it was ordered, that the in- habitants should not sell arms nor ammunition to the Indians. Various other affairs were also trans- acted relative to the good order, settlement, and de- fence of these infant towns. Several of the principal gentlemen interested in the settlement of Connecticut, Mr. John Haynes, who at this time was governor of Massachusetts, Mr. Henry Wolcott, Mr. Wells, the ministers of the churches, and others, had not yet removed into the colony. As soon as the spring advanced, and the travelling would admit, the hardy men began to return from the Massachusetts to their habitations on the river. No sooner was the grass sufficiently grown, that cattle could live in the woods, and ob- structions removed from the river, so that vessels could go up with provisions and furniture, than the people began to return in large companies to Con- necticut ; and many who had not removed the last year, prepared, with all convenient dispatch, for a journey to the new settlements upon the river. About the beginning of June, Mr. Hooker, Mr. Stone, and about a hundred men, women, and child- ren took their departure from Cambridge, and tra- velled more than a hundred miles, through a track- less wilderness, to Hartford. They had no guide but their compass ; made their way over mountains, through swamps, thickets, and rivers, which were not passable but with great difficulty. They drove with them 160 head of cattle, and by the way sub- sisted on the milk of their cows. Mrs. Hooker was borne through the wilderness upon a litter. The people generally carried their packs, arms, and some utensils. They were nearly a fortnight on their journey. This adventure was the more re- markable, as many of this company were persons of property, who had lived in England in luxury and affluence, and were entire strangers to fatigue and danger. The removal of Dorchester people to Windsor is said to have been disagreeable to their ministers ; but, as their whole church and congregation re- moved, it was necessary that they should go with them. However, Mr. Maverick died in March, UNITED STATES. 647 before preparations were made for his removal. He expired in the 60th year of his age. He was characterized as a man of great meekness, and as laborious and faithful in promoting the welfare both of the church and commonwealth. Mr. War- ham removed to Windsor in September, but he did not judge it expedient to bring his family until bet- ter accommodations could be made for their recep- tion. Soon after the removal of Mr, Warham from Dorchester, a new church was gathered in that town, and Mr. Mather was ordained their pastor, Mr. Phillips, pastor of the church at Watertown, did not remove to Weathersfield. Whether it was against his inclination, or whether the people did not invite him, does not appear. They chose Mr. Henry Smith for their minister, who came from England in office. The colony of New Plymouth professed them- selves to be greatly aggrieved at the conduct of the Dorchester people, in settling on the lands, where they had made a purchase, and where they had de- fended themselves and that part of the country against the Dutch. .They represented that it had been a great injury to them that the Dutch and Indians had given 'them so much trouble as they had done, but that it was still more grievous to be supplanted by their professed friends. Mr. Win- slow of Plymouth made a journey to Boston, in the spring, before Governor Hay lies and some other principal characters removed to Connecticut, with a view to obtain compensation for the injury done to the Plymouth men, who had built the trading- house upon the river. The Plymouth people de- manded a sixteenth part of the lands and 100 pounds as a compensation ; but the Dorchester peo- ple would not comply with their demands. There however appeared to be so much justice in making them some compensation for the purchase they had made, and the good services which they had done, that sometime after, the freeholders of Windsor gave them fifty pounds, forty acres of meadow, and a large tract of upland for their satisfaction. At a court holden at Dorchester, it was ordered, that every town should keep a watch, and be well supplied with ammunition. The constables were directed to warn the watches in their turns, and to make it their care that they should be kept accord- ing to the direction of the court. They also were required to take care that the inhabitants were well furnished with arms and ammunition, and kept in a constant state of defence. And at a third court, therefore, holden at Watertown, an order was given, that the inhabitants of the several towns should train once a month, and the officers were authorized to train those who appeared very unskil- ful more frequently, as circumstances should require. The courts were holden at each town by rotation, according to its turn. A settlement was made, this year, at Springfield, by Mr. Pyncheonand his company from Roxbury. This for about two years was united in govern- ment with the towns in Connecticut. In Novem- ber, Mr. Pyncheon for the first time appears among the members of the court. All the powers of government, for nearly three years, seem to have been in the magistrates, of whom two were appointed in each town. These gave all orders, and directed all the affairs of the plantation. The freemen appear to have had no voice in making the laws, or in any part of the go- vernment, except in some instances of general and and uncommon concern. In these instances, com- mittees were sent from the several towns. Juries were employed in jury cases, from the first settle- ment of the colony. This was a summer and year of great and various labours, demanding the utmost exertion and dili- gence. Many of the planters had to remove them- selves and effects from a distant colony. At the same time, it was absolutely necessary that they should obtain a tolerable harvest to prevent the recurrence of the distresses and losses of the pre- ceding year. It was of equal importance to the planters, not only to make roads for their particular convenience, but from town to town ; that on any emergency they might immediately assist each other. But it was with great difficulty that these purposes could be at first accomplished. The plant- ers had not been accustomed to felling the groves, to clearing and cultivating new lands. They were strangers in the country, and knew not what kinds of grain would be most congenial with the soil, and produce the greatest profits, nor had they any ex- perience how the ground must be cultivated that it might yield a plentiful crop. They had few oxen, or instruments for husbandry. Every thing was to be prepared, or brought from a great distance, and procured at a dear rate. Besides all these labours and difficulties, much time was taken up in con- stant watchings, trainings, and preparations for the defence of themselves and children. The Pequots had, already, murdered a number of the English ; some of the Indians, in Connecticut, were their alljes ; and they had maintained a great influence over them all. They were a treacherous and de- signing people; so that there could be no safety but in a constant preparation for any emergency. Some of the principal characters, who undertook this great work of settling Connecticut, and were the civil and religious fathers of the colony, were Mr. Haynes, Mr. Ludlow, Mr. Hooker, Mr. War- ham, Mr. Hopkins, Mr. Wells, Mr. Willis, Mr. Whiting, Mr. Wolcott, Mr. Phelps, Mr. Webster, and Captain Mason. These were of the first class of settlers, and all, except, the ministers, were chosen magistrates or governors of the colony. Mr. Swain, Mr. Talcott, Mr. Steel, Mr. Mitchell, and others, were from Boston. Mr. John Haynes, Mr. Hooker, Mr. Hopkins, Mr. Stone, Mr. George Wyllys, Mr. Wells, Mr. Whiting, Mr. Thomas Webster, and Mr. John Talcott, were ail of Hart- ford. Mr. Ludlow, Mr. Henry Wolcott, Mr. War- ham, Mr. William Phelps, and Captain John Ma- son, were some of the principal planters of Wind- sor. Mr. William Swain, Mr. Thurston Rayner, Mr. Henry Smith, Mr. Andrew Ward, Mr. Mit- chell, and Mr. John Deming, were some of the chief men who settled the town of Weathersfield. These were the civil and religious fathers of the colony. They formed its free and happy constitu- tion, were its legislators, and some of the chief pil- lars of the church and commonwealth. They, with many others of the same excellent character, em- ployed their abilities and their estates for the pros- perity of the colony. While the three plantations on the river were making the utmost exertions for a permanent set- tlement, Mr. Winthrop was no less active, in erect- ing fortifications and convenient buildings at its entrance. Though he had, the last year, sent on one company after another, yet the season was so far advanced, and the winter set in so early, and with sut.'h severity, that little more could be done than just to keep the station. When the spring 648 THE HISTORY OF AMEKICA. advanced, the works were, therefore, urged on with eagerness. Mr. Winthrop and his people were induced, not only in faithfulness to their trust, but from fears of a visit from the Dutch, and from the state of that warlike people, the Pequots in the vicinity, to hasten and complete them with the utmost dispatch. A good fort was erected, and a number of houses were built. Some cattle were brought from the Massachusetts for the use of the garrison. Small parcels of ground were improved, and preparations made for a comfortable sub- sistence and good defence. There were, at the close of this year, about two hundred and fifty men in the thre'e towns on the river, and there were twenty men in the garrison, at the entrance of it, under the command of .Lieu- tenant Gardiner. The whole consisted, probably, of about eight hundred persons, or of a hundred and sixty or seventy families. The war with the Pequots Their defeat A second expedition against them conjointly with Massachu- setts The great swamp fight The Pequots subdued The survivor* incorporated with the Moheayans and Narragansets, and their name extinguished. (1634.)The Indians in general were jealous of the English, from the first settlement of New England, and wished to drive them from the country ; but va- rious circumstances combined to frustrate their de- signs. And it was nearly sixteen years before they commenced open hostilities upon their English neigh- bours. But no sooner had the latterbegun to trade and make settlements at Connecticut, than the warlike Pequots or Pequods, began to assault them. In 1634 a number of Indians, who were not native Pequots, but a tribe in confederacy with them, murdered a Captain Stone and a Captain Norton, with their whole crew, consisting of eight men ; and afterwards plundered and sunk the vessel. The November following, the Pequots sent a messenger to Boston, to desire peace with the En- glish ; and made an offer of a great quantity of beaver skins and wampumpeag, to persuade the governor to enter into a league with them. The governor replied, that the Pequots must send men of more importance, and that he would then treat with them. Consequently the Pequots sent two messengers carrying a present, and earnestly solicit- ing peace : and the governor assured them, that the English were willing to be at peace with them ; but insisted, that, as they had murdered Captain Stone and his men, they must deliver up the mur- derers, and make full compensation. The messen- gers pretended that Captain Stone had used the Indians ill, and provoked them to kill him : that their sachem, who was concerned in the affair, had been killed by the Dutch, and that the Indians who perpetrated the murder, were all dead but two ; and that, if they were guilty, they would desire their sachem to deliver them up to justice. They offered to concede all their right at Connecticut river if the English should desire to settle there ; and en- gaged to assist them as far as was in their power, in "making their settlements; and they also promised that they would give the English four hundred fathoms of wampum, forty beaver, and thirty otter skins. After mature deliberation, the governor and his council entered into a treaty with them, on the conditions which they had proposed. The En- glish were to send a vessel with cloths, to trade with them fairly, as with friends and allies. The reason for their so earnestly soliciting peace was, that the Narragansets were making war upon them ; and the Dutch, to revenge some injuries, had killed one of their sachems, with several of their men, and captured a number more. They artfully suggested to the governor and council of Massachusetts, their desire that they would be me- diators between them and the Narragansets ; and intimated, that part of the present which they were to send, might be given to them for the purpose of obtaining a reconciliation. Such was their notion of honour, that though they wished for peace with their enemy, yet they would not directly offer any thing for that purpose. This treaty was signed by the parties, (1635,) but hostages were not taken to secure the performance of the articles, and the Pequols never performed one of them : and they afterwards became more hostile than ever. (1636.) The next year, one John Oldharn, who had been trading at Connecticut, being also mur- dered near Block Island, the governor and council of Massachusetts dispatched Captain Endicott, with ninety volunteers, to avenge these murders and demand reparation. The Narraganset sachems in consequence sent home Mr. Oldham's two boys, and made such satisfaction as the English ac- cepted ; but the other Indians would make no com- pensation ; and Captain Endicott was, therefore, instructed to proceed to Block Island, put the men to the sword, and take possession of the island ; and only spare the women and children. Then to- proceed to the Pequots and demand the surrender of the murderers of Captains Stone and Norton, and of the other Englishmen who were of their com- pany : and also a thousand fathoms of wampum for damages, and a number of their children for hosta- ges, until the murderers should be delivered, and satisfaction made. He sailed from Boston August 25th, and after a slight skirmishing with the In- dians, who quickly tied, he ravaged their country, destroying their wigwams, and their corn. Sassacus and the other leaders of the Pequots were men of daring spirits ; who had conquered and governed the nations around them without con- trol. They viewed the English as intruders, who had made settlements in Connecticut without their consent, and brought home the Indian kings whom they had conquered, and restored to them their authority and lands. Excited by these circum- stances, and more particularly by Endicott's late expedition, they determined to endeavour to ex- tirpate the English. For this purpose, they con- ceived the plan of uniting the Indians generally against them ; and spared no art to make peace with the Narragansets, who for a time hesitated: but the goveinor of Massachusetts, to secure them, sent for Miantonimoh, their chief sachem, and entered into a treaty ; that there should be a firm peace between them and the English, and their posterity: that neither party should make peace with the Pequots, without the consent of the other : that they should not harbour the Pequots, and that they should return all fugitive servants, and deliver over to the English, or put to death all murderers. The English were to give them notice, when they went out against the Pequots, and they were to furnish them with guides. It was also stipulated, that free trade should be maintained between the parties. The Pequots now began a series of petty hostili- ties against the settlers, and continued to harass and distress them for many months ; occasional skirmishes taking place when the settlers could come in contact with them. UNITED STATES. 649 (1637.) The circumstances of the Connecticut settlers at this time wore a most gloomy aspect. They had sustained great losses in cattle aiid goods in the preceding years, and even this year they Vf?rs unfortunate with respect to their cattle. They had no hay but what they cut from the spontaneous pro- ductions of an uncultivated country ; and to make good English meadows was a work of time. The wild, coarse grass, which the people cut, was often mowed too late, and but poorly made, and they had not always a sufficient quantity even of this : they had no corn, or provender, with which they could feed them ; and, amidst the multiplicity of affairs, which, at their first settlement, demanded their at- tention, they could not provide such shelters for them as were necessary during the long and severe winters of this northern climate. Some of their cattle were lost, and those which lived through the winter were very meagre ; provisions were very coarse and scanty; and the people were not only inexperienced in the husbandry of the country, but had not above ten, if so many, ploughs in the whole colony, and were consequently obliged to use hoes, which rendered cultivation exceedingly slow and laborious. Valuable as money was, a good cow could not be purchased under 3W. ; a pair of bulls or oxen not under 40/. A mare from England or Flanders, sold at 30/. ; and Indian corn at about fts. a bushel : and labour, and other articles bore a pro- portionable price. In addition to all these difficulties, an insidious and savage enemy was destroying the lives and property of the colonists, attempting to raise the numerous Indian tribes of the country against them, and threatening the utter ruin of the whole colony. The inhabitants were in a feeble state, and few in number ; they wanted all their men at home, to prosecute the necessary business of the plantations, and had not a sufficiency of provisions for them- selves; and there would therefore be the greatest difficulty in furnishing a small army with provisions abroad : they could neither hunt, fish, nor cul- tivate their fields, nor travel at home, or abroad, but at the peril of their lives ; they were obliged to keep a constant watch by night and day, to go armed to their daily labours, and to the public worship ; and they lay down and rose up in fear and danger : if they had raised a party of men and sent them to fight the enemy on their own ground, it would have rendered the settlements pro- portionably weak at home. In this important crisis, a court was summoned at Hartford, on Monday the 1st of May. As they were to deliberate on matters in which the lives of the subjects and the very existence of the colony were concerned, the towns for the first time sent committees. The spirited measures adopted by this court, render the names of the members worthy of perpetuation. The magistrates were Roger Ludlow, Esq., Mr. Welles, Mr. Swain, Mr. Steel, Mr. Phelps, and Mr. Ward. The committees were Mr. Whi- ting, Mr. Webster, Mr. Williams, Mr. Hull, Mr. Chaplin, Mr. Talcott, Mr. Geffords, Mr. Mitchell, and Mr. Sherman. The court, on mature deliberation, considering that the Pequots had killed nearly thirty of the English ; that they had tortured and insulted their captives in the most horrible manner; that they v/ere attempting to engage all the Indians to unite for the purpose of extirpating the English ; and the danger the whole colony was in, unless some decisive blow could be immediately given their enemies, de- termined that an offensive war should be carried on against them, by the three towns of Windsor, Hartford, and Weathersfield ; and they voted that 90 men should be raised forthwith 42 from Hart- ford, 30 from Windsor, and 18 from Weathersfield. Notwithstanding the necessities and poverty of the people, all necessary supplies were voted for this little army ; and no sooner was this resolution adopted, than the people prosecuted the most vigo- rous measures to carry it into immediate and effect- ual execution. The report of the slaughter and horrid cruelties practised by the Fequots against the people of Con- necticut, roused the other colonies to unanimous and spirited exertioEs against the common enemy; and Massachusetts determined to send 200, and Plymouth 40 men, to assist Connecticut in prose- cuting the war. Captain Patrick with 40 men was sent forward, before the other troops, from Massa- chusetts and Plymouth, could be ready to march, with a view that he might seasonally form a junct- ion with the party from Connecticut. On Wednesday, the 10th of May, the troops from Connecticut fell down the river for the fort at Say- brook. They consisted of 90 Englishmen, and about 70 Moheagau and river Indians* ; who embarked on board a pink, a pinnace, and a shallop. The In- dians were led by Uncas, sachem of the Moheagans, and the whole was commanded by Captain John Mason, who had been bred a soldier in the old countries. The Rev. Mr. Stone, of Hartford, went as chaplain. After a variety of dangers and hard- ships, this small band of settlers succeeded in dis- persing the Pequots ; and in about three weeks from the time they embarked at Hartford, they re- turned again to their respective habitations. They were received with the greatest exultation. As the people had been deeply affected with their danger, and full of anxiety for their friends, while nearly half the effective men in the colony were in service, upon so hazardous an enterprise, the safe return of so many of their children and neighbours filled them with exceeding joy and thankfulness. Few enterprises have ever been achieved with more per- sonal good conduct; by seventy-seven brave men Connecticut was saved, and the most warlike and terrible Indian nation in New England defeated and ruined. The Pequots were, indeed, so panic- struck, that burning their wigwams and destroying their fort, they fled and scattered into various parts of the country. Sassacus, Mononotto, and seventy or eighty of their chief counsellors and warriors, took their route towards Hudson's river. Just before Captain Mason went out upon the ex- pedition against the Pequots, the Dutch performed a very neighbourly office for Connecticut. Twc girls, who had been captured at Weathersfield, had, through the humanity and mediation of Mononotto's squaw, been spared from death, and kindly treated. The Dutch governor, receiving intelligence of their circumstances, determined to redeem them at any rate, and dispatched a sloop to Pequot harbour for that purpose, to make large offers for their redemp- tion, but the Pequots would not accept them ; but the Dutch had a number of Pequots on board, and they offered the Pequots six of their own men for the two maids ; who were accepted, and the young women were restored. The Massachusetts' govern- ment sending some assistance, the war was re- newed against the remaining Pequots ; and a final victory gained, called "the great swamp fight," near Fairfield 650 THE HISTORY OF AMERICA. The Pequot women and children, who had been captured, were divided among the troops. Some were carried to Connecticut, and others to the Mas- sachusetts; the latter state sent a number of the women and boys to the West Indies, and sold them for slaves. It was supposed that about seven hun- dred Pequots were destroyed. The women who were captured, reported that thirteen sachems had been slain, and that thirteen yet survived; among the latter were Sassacus and Mononotto, the two chief sachems ; who with about twenty of their best men fled to the Mohawks, and carried off with them wampum to the amount of 500/. The Mohawks ultimately surprised and slew them all except Mo- nonotto. The scalp of Sassacus was sent to Con- necticut in the autumn, and Mr. Ludlow and seve- ral other gentlemen going into Massachusetts, in September, carried a lock of it to Boston as a rare sight, and a sure demonstration of the death of their mortal enemy. Among the Pequot captives were the wife and children of Mononotto ; she was particularly no- ticed by the English for her great modesty, hu- manity, and good sense , and made it as her only request, that she might not be injured either as to her offspring or personal honour; and as a requital of her kindness to the captured maids, her life and the lives of her children were not only spared, but they were particularly recommended to the care of Go- vernor Winthrop ; who gave charge for their pro- tection and kind treatment. After the swamp-fight, the Pequots became so weak and scattered, that the Narragansets and Mo- heagans constantly killed them, and brought in their heads to Windsor and Hartford ; and those who survived were so hunted and harassed, that a number of their chief men repaired to the Eng- lish, at Hartford, for relief; and offered, if their lives might be spared, that they would become the servants of the English, and be disposed of at their pleasure. This was granted, and the court inter- posed for their protection. (1638.) Uncas and Miantonimoh, with the Pe- quots, by the direction of the magistrates of Con- necticut, met at Hartford ; and it was demanded by them, how many of the Pequots were yet living ? they answered, about two hundred, besides women and children. The magistrates then entered into a firm covenant with them, to the following effect : that there should be perpetual peace between Mian- tonimoh and Uncas, and their respective Indians ; and that all past injuries should be remitted, and for ever buried : that if any injuries should be done in future by one party to the other, that they should not immediately revenge it, but appeal to the Eng- lish to do them justice. It was stipulated, that they should submit to their determination, and that if either party should be obstinate, that then they might enforce submission to their decisions. It was further agreed, that neither the Moheagans, nor Narragansets should conceal, or entertain any of their enemies ; but deliver up or destroy all such Indians as had murdered any English man or wo- man. The English then gave the Pequot Indians to the Narragansets and Moheagans; eighty to Miantonimoh, twenty to Ninnigret, and the other hundred to Uncas; to be received and treated as their men. It was also covenanted, that the Pe- quots should never more inhabit their native country nor be called Pequots, but Narragansets and Mo- heagans. It was also further stipulated, that neither the Narragansets, nor Moheagans should possess any part of the Pequot country without the consent of the English. The Pequots were to pay a tribute at Con- necticut annually, of a fathom of wampumpeag for every Sannop, of half a fathom for every young man, and of a hand for every male papoose. On these conditions the magistrates, in behalf of the colony, stipulated a firm peace with all the Indians. The conquest of the Pequots struck all the In- dians in New England with terror, and they were possessed with such fear jf the displeasure and arms of the English, that they had no open war with them for nearly forty years. This happy event gave great joy to the colonies; and a day of public thanksgiving was appointed. Effects of the war Great scarcity Settlement of New Haven Plantation covenant Means for the de- fence of the colony Captain Mason made major- general Civil constitution of Connecticut, formed by voluntary compact First general election at na magistrates Irene, incipal laws of the cole rights of the people, and principal LOWS oj me colony Constitution and laws of New Haven Purchase and settlement of several towns in Connecticut and New Haven. (1638.) Though the war with the Pequots was now happily terminated, yet the effects of it were severely felt by the inhabitants ; and the conse- quences were, scarcity and a debt, which, in the low state of the colony, it was exceedingly difficult to pay. Almost every article of food or clothing was purchased at the dearest rate ; and the planters had not yet reaped any considerable advantage from their farms. Such a proportion of their labourers had been employed in the war, and the country was so uncultivated, that all the provision which had been raised, or imported, was in no measure proportion- ate to the wants of the people. The winter was uncommonly severe, which increased the distress of the colony. The snow lay from the 4th of Novem- ber until the 23d of March, and it was, at some times, 3 and 4 feet deep. The court at Connecti- cut foreseeing that the people would be in great want of bread, contracted with a Mr. Pyncheon for 500 bushels of Indian corn, which he was to pur- chase of the Indians, and a greater quantity if it could be obtained. The inhabitants were prohibited to bargain for it privately, and limited to certain prices, lest it should raise the price, while he was making the purchase. A committee was also ap- pointed by the court, to send a vessel to Narragan- set, to buy of the natives in that quarter. But not- withstanding every precaution which was taken, the scarcity became such, that corn rose to the extra- ordinary price of twelve shillings by the bushel; and twelve shillings sterling at that time was doubtless equal to eighteen or twenty shillings lawful money. In this distressing situation a committee was sent to an Indian settlement called Pocomtock, since Deer- field, where they purchased such quantities, that the Indians came down to Windsor and Hartford with fifty canoes at one time, laden with Indian corn. The people considered this as a great deliver- ance ; and those who, in England, had fed on the finest wheat, were thankful for such coarse fare as Indian bread, for themselves and children. In this low state of the colony, the court found it necessary to order the towns immediately to furnish themselves with magazines of powder, lead, and shot, and every man to be completely armed, and furnished with ammunition. The court were also obliged to impose a tax of 550/., to be collected iin UNITED STATES. 651 mediately, to defray the expenses of the war ; and this appears to have been the first public tax in Connecticut. Agawam, since named Springfield, though it sent no men to the war, yet bore its pro- portion of the expense. The first secretary and treasurer appears to have been Mr. Clement Chap- lin ; who was authorized to issue his warrants for gathering the tax which had been imposed in the following ratio : Agawam, 867. 16s., Windsor, 158/. 2. f Hartford, 251 /. 2*., and Weathersfield 124/. Captain John Mason was appointed major-gene- ral of the militia of Connecticut ; and the reverend Mr. Hooker was desired to deliver him the military staff. The general was directed to call out the militia of each town, ten times in a year, to in- struct them in military discipline ; and received out of the public treasury 40 pounds annually for his services. As it was of the highest importance to the colony to cultivate peace, and a good understanding with the Indians, laws were enacted to prevent all per- sons from offering them the least private insult or abuse. While the planters of Connecticut were thus exerting themselves in prosecuting and regulating the affairs of that colony, another was projected and settled at Quinnipiack, (sometimes spelt Quillipi- ack, and Quinnepioke,) afterwards called New Haven. On the 26th of July, 1637, Mr. John Davenport, Mr. Samuel Eaton, Theophilus Eaton and Edward Hopkins, Esquires, Mr. Thomas Greg- son, and many others of good characters and for- tunes, had arrived at Boston. Mr. Davenport had been a famous minister in the city of London, and was a distinguished character for piety, learning, and good conduct Many of his congregation, on account of the esteem which they had for his person and ministry, followed him into New England. Mr. Eaton and Mr. Hopkins had been merchants in London, possessed great estates, and were men of eminence for their abilities and integrity. The fame of Mr. Davenport, and the reputation and pro- perty of the principal gentlemen of this company, made the people of Massachusetts exceedingly de- sirous of their settlement in their state, and great pains were taken, not only by particular persons and towns, but by the general court, to fix them in the colony. Charlestown made them large offers ; and Newberry proposed to give up the whole town to them ; and the general court offered them any place which they should choose ; but they were de- termined to plant a distinct colony. By the pursuit of the Pequots to the westward, the Connecticut settlers became acquainted with that fine tract along the shore, from Saybrook to F airfield, and with its several harbours. It was represented as fruitful, and happily situated for navigation and commerce : and the company therefore projected a settlemeni in that part of the country. In the autumn of 1637, Mr. Eaton, and others who were of the company, made a journey to Con necticut, to explore the lands and harbours on th< sea-coast, and pitched upon Quinnipiack for th< place of their settlement ; where they erected a poor hut, in which a few men subsisted through the winter. On the 30th ef March, 1638, Mr. Davenport Mr. Prudden, Mr. Samuel Eaton, and Theophilu Eaton, Esq., with the people of their company, saile( from Boston for Quinuipiack ; and in about a fort night arrived at their desired port. On the 18th of April, they kept their first Sabbath in the place .'he people assembled under a large spreading oak, ,nd Mr. Davenport preached to them from the sixth hapter of Matthew. One of the principal reasons which these colonists ssigned for their removing from Massachusetts, was, that they should be more out of the way and rouble of a general governor of New England, who, 1 this time, was an object of great fear in all the dantations. What foundation there was for the lope of exemption from the control of a general governor, by this removal, had one been sent, does lot appear. It is probable that the motive which md the greatest influence with the principal men, was the desire of being at the head of a new govern- ment, modelled, both in civil and religious matters, reeably to their own opinions. It had been an servation of Mr. Davenport's, that whenever a reformation had been effected in the church, in any part of the world, it had rested where it had been eft by the reformers. It could not be advanced another step. He was now embarked in a design f forming a civil and religious constitution, as near s possible to Scripture precept and example. The rincipal gentlemen, who had followed him into America, had the same views. In laying the foun- lations of a new colony, there wafe a fair probability that they might accommodate all matters of church and commonwealth to their own feelings and senti- ments. But in the Massachusetts, the principal men \\ere lixed in the chief seats of government, which they were likely to keep, and their civil and religious polity was already formed. Besides, the antinomian controversy and sentiments, which had taken such root at Boston, were exceedingly dis- agreeable to Mr. Davenport, and the principal gen- tlemen of his company, and he had taken a decided, though prudent part, against them. Soon after they arrived at Quinnipiack, in the close of a day of fasting and prayer, they entered nto what they termed a plantation-covenant. In this they solemnly bound themselves, "That, as in matters that concern the gathering and ordering of a church, so also in all public offices, which con- cern civil order, as choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and all things of like nature, they would, all of them, be ordered by the rules which the Scripture held forth to them." This was adopted as a general agreement, until there should be time for the people to become more intimately acquainted with each other's religious views, sentiments, and moral conduct ; which was supposed to be necessary to prepare the way for their covenanting together, as Christians, in church and state. The aspects of nature on the country, about this time, were very gloomy, and especially unfavour- able to new plantations! The spring, after a long and severe winter, was unusually backward. Scarcely any thing grew, for several weeks. The planting season was so cold that the corn rotted in the ground, and the people were obliged to re-plant two or three times. But at length the warm season came on, and vegetation exceeded all their expectations. On the first of June, between the hours of three and four in the afternoon, there was a great and memorable earthquake throughout New England. It came with a report like continued thunder, or the rattling of numerous coaches upon a paved street. The shock was so great, that in many places, the tops of the chimneys were thrown down, and the pewter fell from the shelves. It shook the waters and ships in the harbours, and all the adjacent 652 THE HISTORY OF AMERICA. islands. The duration of the sound and tremour was about four minutes, and the earth was unquiet for nearly twenty days. The weather was clear, the wind westerly, and the course of the earthquake from west to east. The planters at Quinnipiack determined to make an extensive settlement ; and, if possible, to main- tain perpetual peace and friendship with the In- dians. They, therefore, paid an early attention to the making of such purchases and amicable treaties as might most effectually answer their designs. On the 24th of November, 1638, Theophilus Eaton, Esq. Mr. Davenport, and other English planters, entered into an agreement with Momau- guin, sachem of that part of the country, and his counsellors, respecting the lands. The articles of agreement were to this effect : " That Momauguin is the sole sachem of Quinni- piack, and had an absolute power to alieue and dispose of the same. That, in consequence of the protection which he had tasted, by the English, from the Peouots and Mohawks, he yielded up all his right, title, and interest to all the land, rivers, ponds, and trees, with all the liberties and appur- tenances belonging to the same, unto Theophilus Eaton, John Davenport, and others, their heirs and assigns forever. He covenanted, that neither he, nor his Indians, would terrify, nor disturb the English, nor injure them in any of their interests ; but that, in every respect, they would keep true faith with them." The English covenanted to protect Momauguin and his Indians, when unreasonably assaulted and terrified by other Indians ; and that they should always have a sufficient quantity of land to plant on, upon the east side of the harbour, between that and Saybrook fort They also covenanted, that by way of free and thankful retribution, they gave unto the said sachem, and his council and company, twelve coats of English cloth, twelve alchymy spoons, twelve hatchets, twelve hoes, two dozen o knives, twelve porringers, and four cases of French knives and scissars. This agreement was signed and legally executed by Momauguin and his council on the one part, anc Theophilus Eaton and John Davenport on the other. Thomas Stanton, who was the interpreter declared in the presence of God, that he had faith fully acquainted the Indians with the said articles and returned their answers. In December following, they made another pur chase of a large tract, which lay principally north of the former', of Montowese, sou of the grea sachem at Mattabeseck, ten miles in length, nortl and south, and thirteen miles in breadth. It ex tended eight miles east of the river Quinnipiack and five miles west of it towards Hudson's river and included all the lands within the ancient limit of the old towns of New Haven, Branford, anc Wallingford, and almost the whole contained in the present limits of those towns, and of the towns o East Haven, Woodbridge, Cheshire, Hamden, an North Haven. For this last tract of ten miles nortl and south, and thirteen east and west, the Englis gave thirteen coats, and allowed the Indians grounc to plant, and liberty to hunt within the lands These have since been made out of the three ol towns. The New Haven adventurers were the most opu lent company which came into New England, an they designed to plant a capital colony. They lai out their town-plat in squares, designing it for reat and elegant city. In the centre was a large, eautiful square, which was encompassed with thers, making nine in the whole. The first principal settlers were Theophilus Eaton, 2sq. Mr. Davenport, Mr. Samuel Eaton, Mr. 'homas Gregson, Mr. Robert Newman, Mr. Mat- icw Gilbert, Mr. Nathaniel Turner, Mr. Thomas ''ugill, Mr. Francis Newman, Mr. Stephen Good- ear, and Mr. Joshua Atwater. Mr. Eaton had been deputy-governor of the East ndia company, and was three years himself in the ast Indies, and had served the company so well, tiat he received from them presents of great value, le had also been on an embassy from the court of England to the king of Denmark. He was origi- ally a London merchant, who had, for many years, raded to the East Indies, had obtained a great state, and brought over a large sum of money into "Jew England. Others were merchants of good istates, and they designed to have founded a great r ad ing city. There appears no act of civil, military, or eccle- iastical authority during the first year ; nor is there any appearance that this colony was ever straitened 'or bread, as the other colonies had been. Mr. Prudden, and his company, who came with Mr. Davenport, -continued the first summer at Quinnipiack, and were making preparations for the ettlement of another township. When Mr. Davenport removed to Quinnipiack, VIr. Hopkins came to Hartford, and soon after in- corporated with the settlers at Connecticut. The inhabitants of the three towns upon Connec- icut river, finding themselves without the limits of ;he Massachusetts' patent, conceived the plan of 'orming themselves, by voluntary compact, into a distinct commonwealth ; and on the 14th of Janu- ary, 1639, all the free planters convened at Hart- ? ord, and, on mature deliberation, adopted a con- stitution of government. They introduce their constitution, with a declaration, that for the esta- blishment of order aiid government, they associated, and conjoined themselves to be one public state or commonwealth ; and did, for themselves and suc- cessors, and such as should be, at any time joined to them, confederate together, to maintain the liberty and purity of the Gospel, which they professed, and the discipline of the churches, according to its in- stitution; and in all civil affairs, to be governed according to such laws as should be made agree- ably to the constitution, which they were then about to adopt. The constitution, which then follows, ordains, that there shall be, annually, two general courts, or assemblies ; one on the second Thursday in April, and the other on the second Thursday in Septem- ber : that the first shall be the court of election, in which shall be annually chosen, at least, six magistrates, and all other public officers. It or- dains, that a governor should be chosen, distinct from the six magistrates, for one year, and until another should be chosen and sworn : and that the governor and magistrates should be sworn to a faith- ful execution of the laws of the colony, and in cases in which there was no express law established, to be governed by the Divine word. Agreeably to the constitution, the choice of these officers was to be made by the whole body of the freemen, convened in general election. It provided, that all persons who had been received as members of the several towns, by a majority of the inhabitants, and had taken the oath of fidelity to the commonwealth, UNITED STATES. 653 should be admitted freemen of the colony. It re- quired that the governor and magistrates should b elected by ballot; the governor by the greates number of votes, and the magistrates by a majority However, it provided, that if it should so happen a any time that six should not have a majority, tha in such case those who had the greatest number o suffrages should stand as duly elected for that year No person might be governor, unless he were member of some regular church, and had previousl been a magistrate in the colony. Nor could an man be elected to the office more than once in tw years. No one could be chosen into the magistral who was not a freeman of the colony, and had been nominated either by the freemen or the genera court. The assembly were authorized to nominal in cases in which they judged it expedient. Neithe the governor, nor magistrates, might execute any part of their office until they had been publicl; sworn, in the face of the general assembly. The constitution also ordained, that the severa towns should send their respective deputies to the election : and that when it was finished, they shoul proceed to do any public service, as at any othe courts: and that the assembly, in September, shouk be for the enacting of laws, and other public ser vices. It authorized the governor, either by himsel or his secretary, to issue his warrants for calling the assemblies, one month at least, before the time o their appointed meetings. Upon particular emer- gencies, he might convene them in seventeen days_ or even upon shorter notice, stating the reasons in his warrant. Upon the reception of the governor's warrants, in April and September, the constables of the respective towns were obliged to warn all the freemen to elect and send their deputies. The constitution ordained, that the three towns of Windsor, Hartford, and Weathersfield should each of them send four deputies to every genera] court; and that the other towns, which should be added to the colony in future, should send such a number as the court should determine, proportionate to the body of their freemen ; declared the deputies to be vested with the whole power of the respective towns which they represented ; authorized them to meet separately, and determine their own elections, to fine any person who should obtrude himself upon them, when he had not been duly chosen, and to fine any of their members for disorderly conduct. when they were assembled : and it further provided, that in case the governor and the major part of the magistrates should, upon any urgent occasion, neg- lect or refuse to call an assembly, the freemen should petition them to summon one ; and if, upon the petition of a major part of the freemen in the colony, they still refused or neglected, then the constables of the several towns should, upon the petition of the major part of the freemen, convoke an assembly. It also ordained, that when this assembly was convened, it should have power of choosing a moderator ; and when it was thus formed, should exercise all the powers of any other general assembly. Particularly it was authorized to call any court, magistrate or any other person before it, and to displace, or inflict penalties according to the nature oi' the offence. All general assemblies, called by the governor, were to consist of the governor, four magistrates, and the major part of the deputies. When there was an equal vote, the governor had a casting voice. The constitution also provided, that no general court should be adjourned or dissolved, without the consent of a major part of the members : and that, whenever a tax was laid upon the inhabitants, the sum to be paid by each town should be determined by a committee, consisting of an equal number from each of the respective towns. The form of oaths to be administered to the go- vernor and magistrates was also adopted in the ge- neral convention of the free planters. Such was the original constitution of Connecticut, which was so sensibly framed, that it has continued with little alteration to the present time. Agreeably to the constitution, the freemen con- vened at Hartford, on the second Thursday in April, and elected their officers for the year ensuing. John Haynes, Esq. was chosen governor, and Roger Ludlow, George Wyllys, Edward Hopkins, Tho- mas Wells, John Webster and William Phelps, Esqs., were chosen magistrates. Mr. Ludlow, the first of the six magistrates, was deputy-governor. Mr. Hopkins was chosen secretary, and Mr. Wells treasurer. The deputies sent to this first Connecticut ge- neral assembly, were Mr. John Steele, Mr. Spen- cer, Mr. John Pratt, Mr. Edward Stebbins, Mr. Gaylord, Mr. Henry Wolcott, Mr. Stoughton, Mr. Ford, Mr. Thurston Rayner, Mr.. James Boosy, Mr. George Hubbard, and Mr. Richard Crab. The general assembly proceeded as they had leisure, and as occasion required, to enact a system of laws. The laws at first were few, and time was taken to consider and digest them. The first statute in the Connecticut code is a kind of declaration, or bill of rights. It ordains, that no man's life shall be taken away ; no man's honour or good name be stained ; no man's person shall be arrested, restrain- ed, banished, dismembered, nor anywise punished : That no man shall be deprived of his wife or child- ren ; no man's goods or estate shall be taken away from him, nor anywise endangered, tinder colour o'f law, or countenance of authority, unless it should be by the virtue of some express law of the colony warranting the same, established by the general court, and sufficiently published ; or in case of the defect of such law, in any particular case, by some clear and plain rule of the Word of God, in which ;he whole court shall concur. It was also ordained, hat all persons in the colony, whether inhabitants or not, should enjoy the same law and justice with- ut partiality or delay. These general precepts bore the same aspect, and breathed the same spirit of liberty and safety, with respect to the subjects universally, which is exhibited in the constitution. The planters of Quinnipiack continued more than a year without any civil or religious constitution, ir compact, further than had been expressed ia heir plantation-covenant. Meanwhile, Mr. Henry Witfield, William Leet, 3sq., Samuel Desborough, Robert Kitchel, William Chittenden, and others, who were part of Mr. Daven- jort's and Mr. Eaton's company, arrived from Eng- and to assist them in their new settlement. These vere principally from Kent and Surrey, in the vi- cinity of London. Mr. Whitfield's people, like Mr. Davenport's, followed him into New England. There were now three ministers, with many of the ncmbers of their former churches and congrega- ions, collected in this infant colony, and combined n the same general agreement. On the 4th of June, all the free planters at Quin- lipiack convened in a large barn of Mr. Newman's, nd, in a very formal and solemn manner, proceeded o lay the foundations of their civil and religious polity. 654 THE HISTORY OF AMERICA. Mr. Davenport introduced the business, by a ser- mon from the words of David, " Wisdom htih builded her house, she hath hewn out her seven pillars." His design was to show, that the church, the house of God, should be formed of seven pillars, or principal brethren, to whom all the other mem- bers of the church should be added. After a solemn invocation of the Divine Majesty, he proceeded to represent to the planters, that they were met to con- sult respecting the settlement of civil government according to the will of God, and for the nomination of persons, who, by universal consent, were in all respects the best qualified for the foundation-work of a church. He enlarged on the great importance of the transactions before them, and desired that no man would give his voice in any matter until he fully understood it ; and that all would act without respect to any man, but give their vote in the fear of God. He then proposed a number of questions, in consequence of which the following resolutions were passed. 1. "That the Scriptures hold forth a perfect rule for the direction and government of all men in all duties which they are to perform to God and men, as well in families and commonwealth, as in matters of the church. 2. ''That as inmatters which concerned the gather- ing and ordering of a church, so likewise in all public offices which concern civil order, as the choice of magistrates and officers, making and re- pealing laws, dividing allotments of inheritance, and all things of like nature, they would all be go- verned by those rules which the Scripture held forth to them. 3. " That all those who had desired to be received as free planters, had settled in the plantation, with a purpose, resolution, and desire that they might be admitted into church fellowship according to Christ. 4. " That all the free planters held themselves bound to establish such civil order as might besi conduce to the securing of the purity and peace o the ordinance to themselves and their posterity ac cording to God." When these resolutions had been passed, and the people had bound themselves to settle civil govern ment according to the Divine word, Mr. Davenpor proceeded to represent to them, what men they must choose for civil rulers according to the Divine word, and that they might most effectually secure to them and their posterity a just, free, and peace able government. Time was then given to discus and deliberate upon what he had proposed. Afte full discussion and deliberation, it was determined 5. "That church members only should be fre burgesses ; and that they only should choose magis trates among themselves, to have power of transact ing all the public civil affairs of the plantation : making and repealing laws, dividing inheritances deciding of differences that may ariee, and doing things and businesses of like nature." That civil officers might be chosen, and govern ment proceed according to these resolutions, it wa necessary that a church should be formed. With out this there could be neither freemen nor magis trates. Mr. Davenport therefore proceeded to mak proposals relative to the formation of it, in such manner, that no blemish might be left on the " be gainings of church work." It was then resolved t this effect : 6. " That twelve men should be chosen, that the fitness for the foundation-work might be tried, an at it should be in the power of those twelve men choose seven to begin the church." It wai agreed that if seven men could not be und among the twelve qualified for the foundation- ork, that such other persons should be taken into e number, upon trial, as should be judged most uitable. The form of a solemn charge, or oath, as drawn up and agreed upon at this meeting to e given to all the freemen. Further, it was ordered, that all persons, who .ould be received as free planters of that corpora- on, should submit to the fundamental agreement bove related, and in testimony of their submission lould subscribe their names among the freemen, ixty-three subscribed on the 4th of June, and there ere added soon after about fifty other names, ^.fter a proper term of trial, Theophilus Eaton, Esq., dr. John Davenport, Robert Newman, Matthew ilbert, Thomas Fugill, John Punderson, and Jere- iah Dixon, were chosen for the seven pillars of ne church. October 25th, 1639, the court, as it is termed, onsisting of these seven persons only, convened, nd after a solemn religious address, they proceeded o form the body of freemen, and to elect their civil fficers. In the first place, all former trust, for managing tie public affairs of the plantation, was declared to ease, and be utterly abrogated. Then all those who had been admitted to the church after the gathering of it, in the choice of the seven pillars, md all the members of other approved churches, vho desired it, and offered themselves, were admit- ed members of the court A solemn charge was hen publicly given them, to the same effect as the reemen's charge, or oath, which they had pre- riously adopted. The purport of this was nearly he same with the oath of fidelity, and with the free- men's administered at the present time. Mr. Da- venport expounded several Scripture texts to them, describing the character of civil magistrates given n the sacred oracles. To this succeeded the elect- on of officers. Theophilus Eaton, Esq. was chosen governor, Mr. Robert Newman, Mr. Matthew Gil- >ert, Mr. Nathaniel Turner, and Mr. Thomas Fu- ill, were chosen magistrates. Mr. Fugill was also chosen secretary, and Robert Seely, marshal. Mr. Davenport gave Governor Eaton a charge in open court, from Deuteronomy i. 16, 17, "And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment, but ye shall hear the small as well as the !jreat ; ye shall not be afraid of the face of man, for the judgment is God's : and the cause that is too bard for you, bring it unto me and I will hear it." It was decreed, by the freemen, that there should be a general court annually, in the plantation, on the last week in October, which was ordained a court of election in which all the officers of the colony were to be chosen. This court determined, that the Word of God should be the only rule for ordering the affairs of government in that common- wealth. This was the original constitution of New Haven. All government was originally in the church, and the members of the church elected the governor, magistrates, and all other officers. The magistrates, at first, were no more than assistants of the governor, and they could not act in every sentence or determina- tion of the court. No deputy governor was chosen, nor UNITED STATES. 655 were any laws enacted except the general resolutions which have been noticed ; but as the plantation en- larged, and new towns were settled, new orders were given ; the general court received a new form, laws were enacted, and the civil polity of this juris- diction gradually advanced, in its essential parts, to a near resemblance of the government of Connecticut. While these affairs were transacted at Quinni- piack, or New Haven, plantations commenced at Wopowage and Menunkatuck, now named Milford and Guilford. Wopowage was purchased February 12th, 1639, and Menunkatuck the September fol- lowing, and both were settled this year. The churches of Mr. Prudden and Mr. Whitfield were formed upon the plan of Mr. Davenport's; each consisting of seven principal men, or pillars ; and they appear to have been gathered at the same time. The planters were in the original agreement made in Mr. Newman's barn, on the 4th of June. The principal men or pillars in the town of Wopowage were Mr. Peter Prudden, William Fowler, Edmund Tapp, Zechariah Whitman, Thomas Buckingham, Thomas Welch, and John Astwood. The principal planters of Menunkatuck were Henry Whitfield, Robert Kitchel, William Leet, Samuel Desborough, William Chittenclen, John Bishop, and John Caf- finge. The lands in Milford and Guilford, as well as in New Haven, were purchased by these princi- pal men, in trust, for all the inhabitants of the re- spective towns and townships. Every planter, after paying his proportionate part of the expenses, arising from laying out and settling the plantation, drew a lot or lots of land, in proportion to the money or estate which he had expended in the general pur- chase, and to the number of heads in his family. These principal men were judges in the respective towns, composing a court, to judge between man and man, divide inheritances and punish offences according to the written word, until a body of laws should be established. Most of the principal settlers of Milford were from Weathersfield. They first purchased of the Indians all that tract which lies between New Haven and Stratford river, and between the sound on the south, and a stream called Two-mile brook on the north, which is the boundary line between Milford and Derby. This tract comprised all the lands within the' old township of Milford, and a small part of the township of Woodbridge. The planters made other purchases which included a large tract on the west side of Stratford river, principally in the town- ship of Huntingtoa. In the first township meeting in Milford the number of free planters, or of church members, was forty-four. It may not be improper here to notice that the word "town" when used of settlements in the United States, is generally synonymous with the English word "township," it including a district round the principal village ; which is mostly, but not always, of the same name as the township. The Indians were so numerous in this plantation, that the English judged it necessary for their own safety, to compass the whole town-plat, including nearly a mile square, with a fortification. It was so closely enclosed with strong palisadoes, as entirely to exclude the Indians from that part of the town. The purchasers of Guilford agreed with the In- dians, that they should move off from the lands which they had purchased ; and according to agree- ment they soon all removed from the plantation. The number of the first free planters appears to have been about forty. They were all husbandmen and it was at great expense and trouble that they obtained even a blacksmith to settle in the planta- tion. As they were from Surrey and Kent, in Eng- land, they took much pains to find a tract of land resembling that from which they had removed. They therefore finally pitched upon Guilford, which, toward the sea, where they made the principal set- tlement, was low, moist, rich land, liberal indeed to the husbandman, especially the great plain south of the town, which had been already cleared and en- riched by the natives. The vast quantities of shells and manure, which, in a course of ages, they had brought upon it from the sea, had contributed much to the natural richness of the soil. There were also nearly adjoining to this, several necks, or points of land, near the sea, clear, rich, and fertile, prepared for immediate improvement. These, with the in- dustry of the inhabitants, soon afforded them a com- fortable subsistence. At the same time when these settlements com- menced, two new ones were made under the juris- diction of Connecticut. Mr. Ludlow, who went with the troops in pursuit of the Pequots, to Sasco, the great swamp in Fair- field, was so pleased with that fine tract of country, that he soon projected the scheme of a settlement in that part of the colony; and this jear, he, with a number of others, began a plantation at Un- quowa, which was the Indian name of the town. At first there were but about eight or ten families, who, probably, removed from Windsor, with Mr. Ludlow, who was the principal planter. Very soon after, another company came from Watertown and united with Mr. Ludlow and the people from Wind- sor. A third company removed into the plantation from Concord ; so that the inhabitants soon became numerous, and formed themselves into a distinct township, under the jurisdiction of Connecticut. The first adventurers purchased a large tract of land of the natives, and soon after Connecticut ob- tained charter privileges, the general assembly gave them a patent. The township comprises the four parishes of Fairfield, Green's Farms, Green- field and Reading ; and part of the parish of Strat- field. The lands in this tract are excellent, and at an early period the town became wealthy and re- spectable. Settlements commenced the same year at Cup- heag and Pughquonnuck, since named Stratford. That part which contains the town-plat, and lies upon the river, was called Cupheag, and the west- ern part, bordering on Fairfield, Pughquonnuck. It appears that settlements were made in both these places at the same time. Mr. Fairchild, who was a principal planter, and the first gentleman in the town vested with civil authority, came directly from England. Mr. John and Mr. William Curtiss and Mr. Samuel Hawley were from Roxbury, and Mr. Joseph Judson and Mr. Timothy Wilcoxson from Concord, in Massachusetts. These were the first principal persons in the town and church of Stratford. A few years after the settlement com- menced, Mr. John Birdseye removed from Milford, and became a man of eminence both in the town and church. There were also several of the chief planters from Boston, and Mr. Samuel Wells, with his three sons, John, Thomas and Samuel, from Weathersfield. Mr. Adam Blackman, who had been episcopally ordained in England, and a preacher of some" note, first at Leicester, and after wards in Derbyshire, was their minister, and one of the first planters. It is said that he was fol- 656 THE HISTORY OF AMERICA. lowed by a number of adherents into this country, to whom he was so dear, that they said to him, in the language of Ruth, " Intreat us not to leaye thee, for whither thou goest we will go; thy people shall be our people, and thy God our God." These, doubtless, collected about him in this infant settlement. The whole township was purchased of the natives, but, at first, Cupheag and Pughquonnuck only ; where the settlements began. The purchase was not completed until 1672; and there was a reser- vation of good lands at Pughquonnuck, Golden-hill, and another place, called Coram, for the improve- ment of the Indians. The township is bounded upon the east by the Housatonick, or Stratford river ; on the south by the Sound ; by Fairfield on the west ; and New- town on the north. It comprises the four parishes of Stratford, Ripton, North Stratford and New Stratford, and a considerable part of Stratfield. The lands in this town, like those inFairfield, are good,and its situation is exceedingly beautiful and agreeable. While these plantations were forming in the south-western part of Connecticut, another com- menced on the west side of the mouth of Connecti- cut river. A fort had been built here in 1G35 and 1636, and preparations had been made for the re- ception of persons of property ; but the war with the Pequots, the uncultivated state of the country, and the low condition of the colony, prevented people coming from England, to take possession of a township, and make settlements in this tract ; and until this time, there had been only a garrison of about twenty men in the place, who had made some small improvement of the lands, and erected a few buildings in the vicinity of the fort. But about Midsummer, Mr. George Fenwick, with his wife and family, arrived in a ship of 250 tons ; and another ship came in company with him ; both des- tined to Quinnipiack. Mr: Fenwick and others came over with a view to take possession of a large tract upon the river, in behalf of their lordships, the original patentees, and to plant a town at the mouth of the river. A settlement was soon made, and named Saybrook, in honour of their lordships, Say and Seal and Brook. Mr. Fenwick, Mr. Thomas Peters,(who was the first minister in the plantation,) Captain Gardiner, Thomas Leffingwell, Thomas Tracy, and Captain John Mason, were some of the principal planters ; but the names of Hunting- ton, Baldwin, Reynolds, Backus, Bliss, Waterman, Hyde, Post, Smith, and almost all the names af- terwards to be found at Norwich, are to be found among the first inhabitants of Saybrook. The go- vernment of the town was entirely independent of Connecticut, for nearly ten years, until after the purchase made of Mr. Fenwick in 1644. It was first taxed bv the colony in the October session, 1645; and it appears by the tax imposed, that the proportion of the towns of Hartford, Windsor, and Weathersfield, were to this as six to one. The settlement did not increase to any considerable de- gree until about the year 1646, when Mr. James Fitch, a young gentleman, was ordained to the pastoral care of the church and congregation ; and a considerable number of families from Hartford and Windsor removed and made settlements in the township. Irs original boundaries extended east- ward five miles beyond the river, and from its mouth northward six miles ; including a considerable part of the town of Lyme ; westward they extended to Hammonasset, the Indian name of the tract com- prised in the limits of Killingworth, and north eight miles from the sea. Mr. Fenwick and Cap- tain Mason were magistrates, and had the prin- cipal government of the to'.vn. Great difficulties had arisen the last vear be- tween the English at Pyquaug, now Weathersfield, and Sowheag and his Indians. It was discovered that some of the Indians of Pyquaug, under Sow- heag, had been aiding the Pequots in the destruc- tion which they had made there the preceding year, and were instrumental in bringing them against the town. Sowheag entertained the murderers, and treated the people of Weathersfield with haughtiness and insult. The court at Connecticut, on hearing the differences, determined, that, as the English at Weathersfield had been the aggressors, and gave the first provocation, the injuries which Sowheag had done should be forgiven, and that he should, on his good conduct for the future, be restored to their friendship. Mr. Stone and Mr. Goodwin were appointed a committee to compromise all differences with him. However, as Sowheag could not, by any arguments, or fair means, be persuaded to give up the murderers, but continued his outrages against the English, the court, this year, determined that a hundred men should be sent down to Mattabeseck, to take the delinquents by force of arms. The court ordered that their friends at Quinnipiack should be certified of this resolution, that they might adopt the measures necessary for the defence of the plant- ations. It was also determined to have theirhadvice and consent in an affair of such general concernment. Governor Eaton and his council fully approved of the design of bringing the delinquents to con- dign punishment ; but they disapproved of the man- ner proposed by Connecticut. They feared that it would be introductive of a new Indian war; which they represented would greatly endanger the new- settlements, and be many ways injurious and distressing; as they wanted peace, and all their men and money, to prosecute the design of planting the country. They also represented that a new war would not only injure the plantations in these re- spects, but would prevent the coming over of new planters, whom they expected from England ; and they were, therefore, determinately against seeking redress by an armed force ; and Connecticut, through their influence, receded from the resolution which they had formed with respect to Sowheag and Mattabeseck. Nevertheless, as the Pequots had violated their covenant, and settled at Pawcatuck, in the Pequot country, the court dispatched Major Mason, with forty men, to drive them off, burn their wigwams, and bring away their corn. Uncas, with a hundred men and twenty canoes, assisted in the enterprise. When they arrived at Pawcatuck bay, Major Ma- son met with three of the Pequot Indians, and sent them to inform the others of the design of his com- ing, and what he should do, unless they would peaceably desert the place ; they promised to give him an immediate answer, but never returned. The major sailed up a small river, landed, and beset the wigwams so suddenly, that the Indians were unable to carry off either their corn or trea- sures ; and some of the old men had not time to make their escape. As it was now the Indian har- vest, he found a great plenty of coin. While Uncas's Indians were plundering the wig- wams, about sixty others came rushing down a hill towards them. The Moheagans stood perfectly still, and spoke not a word, until they came within about thirty yards of them; then, shouting and UNITED STATES. G57 yelling, in their terrible manner, they ran to meet them, and fell upon them striking with bows and cutting with knives and hatchets, in their mode oi fighting. The Major made a movement to cut off their retreat, which they perceived, and instantly fled ; but as it was not desired to kill, or irritate them more than was absolutely necessary, the English did not fire upon them. Seven were captured ; and they behaved so outrageously, that it was designed to take off their heads ; but one Otash, a Narragan- set sachem, brother to Miantonimoh, pleaded that they might be spared, because they were his bro- ther's men, who was a friend to the English. He offered to deliver the heads of so many murderers in lieu of them ; and considering that no blood had been shed, and that the proposal tended both to mercy and peace, the request was granted, and they were committed to the care of Uncas until the conditions should be performed. The light of the next morning no sooner appeared, than it discovered 300 Indians in arms on the oppo- site side of the creek ; who, alarmed at the appear- ance of the settlers, fled, and secreted themselves behind rocks and trees. The colonists called to them, representing their desire of speaking with them; and Major Mason acquainted them with the Pequots' breach of covenant with the English, as they were not to settle or plant in any part of their country. The Indians replied, that the Pequots were good men, and that they would fight for them, and protect them. Major Mason replied, it was not far to the head of the creek ; that he would meet them there, and they might try what they could do at fighting; to which the Indians answered, they would not fight with Englishmen, for they were spirits ; but they would fight with Uncas.' The Major assured them, that he should spend the day in burning wigwams, and carrying off the corn, and they might fight when they had an opportunity. The colonists beat up their drums, and fired the'ir wigwams ; and then loaded their bark with Indian corn ; and Uncas's Indians, the twenty canoes in which they passed to Pawcatuck, and thirty more, which they took from the Indians there, with kettles, trays, mats, and other Indian luggage, and returned in safety. During those transactions in Connecticut, the Dutch, at New Netherlands, were increasing in numbers and strength. A new governor, William Kieft, a man of 'ability and enterprise, had arrived at their seat of government ; and had prohibited the English trade at the fort of Good Hope, in Hartford, and protested against the settlement at Quinnipiack. These circumstances gave some alarm to the settlers in Connecticut ; and the court at Hartford appoint- ed a committee to go down to the mouth of the river, to consult with Mr. Fenwick, relative to a general confederation of the colonies, for mutual offence and defence. The Deputy-governor Mr. Ludlow, Mr, Thomas Wells, and Mr. Hooker, went upon this business ; and they were also instructed to confer with Mr. Fenwick relative to the patent. The court approved of the conduct of the committee ; and with respect to the article of confederation, de- clared its willingness to enter into a mutual agree- ment of offence and defence, and of all offices of love between the colonies. Mr. Fenwick was in favour of a union of the New England colonies ; but with respect to the patent of the river, it was agreed that the affair should rest until the minds of the noblemen and gentlemen particularly inter- ested could be more fully known. HIST. OF AMER. Nos. 83 84. Governor Hayues and Mr. Wells were appointed to repair to Pughquonnuck, and administer the oath of fidelity to the inhabitants ; to admit such of them as were qualified to the privileges of freemen ; and to appoint officers for the town, both civil and mili- tary ; and they were also authorized to invite the freemen to send their deputies to the general courts at Hartford. It was not unusual for the general as- sembly to fine its members. Mr. Ludlow, the deputy-governor, was fined for absence, and for his conduct at Pughquonnuck ; and it was, probably, on account of the displeasure of the court towards him that this committee was appointed. At an adjourned general assembly, the court in- corporated the several towns in the colonies, vesting them with full powers to transact their own affairs. It was enacted, that they should have power to choose, from among themselves, three, five, or seven of their principal men, to be a court for each town. One of the three, five, or seven, was to be chosen moderator. The major part of them, always includ- ing him, constituted a quorum. A casting voice was allowed him, in cases in which there was an. equal division. He, or any two of the court, were authorized to summon the parties to appear at the time and place appointed, and might grant execu- tion against the party offending. They were au- thorized to determine all matters of trespass or debt, not exceeding forty shillings. An appeal might be made from this court, at any time before execution was given out ; and it was appointed to sit once in two months. It was ordained, that every town should keep a public ledger, in which every man's house and lands, with the boundaries and quantity, according to the nearest estimation, should be recorded. All lands also granted and measured to any man after- wards, and all bargains and mortgages of lands were to be put on record, and until this was done they were to be of no validity. The towns were also empowered to dispose of their own lands ; which was the origin of the privileges of particular towns "n Connecticut. Besides the court in each town, there was the court of magistrates, termed the particular court, which held a session once in three months. To this ay all appeals from the other courts ; and in this were tried all criminal causes, and actions of debt exceeding forty shillings, and all titles of land. In- deed, this court possessed all the authority, and did all the business now possessed and done by the county and superior courts ; and for a considerable time they were vested with such discretionary powers, as none of the courts at this day would venture to exercise. Nepaupuck, a famous Pequot chieftain, who had frequently stained his hands in English blood, was condemned by the general court at Quinnipiack, for murder. It appeared, that in the year 1637, he killed John Finch, of Weathersfield, and captured one of Mr. Swain's daughters; and that he had also assisted in killing the three men, who were going down Connecticut river in a shallop. His head was cut off, and set upon a pole in the market-place. It will, doubtless, hardly be granted, in this en- lightened age, that the subjects of princes, killing men by their orders, in war, ought to be treated as murderers ; and though the first planters of New England and Connecticut were men of eminent piety and strict morals, yet, like other good men, they were subject to misconception and influence of passion. Their beheading sachems, whom they 3P 658 THE HISTORY OF AMERICA. took in war, killing the male captives, and enslav- ing the women and children of the Pequots, after it was finished, was treating them with a cruelty which, on the benevolent principles of Cnristianity, it will be difficult ever to justify. The executing of all those as murderers who were active in killing any of the English people, and obliging all the In- dian nations to bring in such persons, or their heads, was an act of severity unpractised at this day by civilized and Christian nations ; and the decapi- tation of their enemies, and the setting their heads upon poles, was a kind of barbarous triumph, too nearly symbolizing with the examples of uncivilized nations. The further we are removed from every resemblance of these, and the more deeply we im- bibe those divine precepts, " Love your enemies : Whatsoever ye would that men should do unto you, do ye even so to them," the greater will be our dignity and happiness. The progress of purchase, settlement, and law, in the colonies of Connecticut and New Haven The efftct of the conquest of the Pequots on the natives, and the manner in which tliey were treated Purchases of them Towns settled Divisions at Weather sfield occasion the settlement of Stamford Contests with the Dutch and Indians 'Capital laws of Connecti- cutThe confederation of the United Colonies Further contests with the Indians Precautions of the colonies to prevent war The Dutch apply to New Haven for assistance, (1640.) Although the conquest of the Pequots extended the claim of Connecticut, to a great pro- portion of the lands in the settled part of the colony, yet to remove all grounds of complaint or uneasi- ness, the English planters made fair purchases of almost the whole tract of country within the settled part of Connecticut. After the conquest of the Pequots, in consequence of the covenant made with Uncas, in 1638, and the gift of a hundred Pequots to him, he became im- portant. A considerable number of Indians col- lected to him, so that he became one of the principal sachems in Connecticut, and even in New England ; and he was able to raise four or five hundred war- riors. As the Pequots were now conquered, and as he assisted in the conquest, and was a Pequot him- self, he laid claim to all that extensive tract called the Moheagan or Pequot country. Indeed, it seems he claimed, and was allowed to sell some part of that tract which was the principal seat of the Pe- quots. The sachems in other parts of Connecticut, who had been conquered by the Pequots, and made their allies, or tributaries, considered themselves, by the conquest of this haughty nation, as restored to their former rights. They claimed to be inde- pendent sovereigns, and to have a title to all the lands which they had at any time before possessed. The planters, therefore, to show their justice, and to maintain the peace of the country, from time to time, purchased of the respective sachems and their Indians all the lands which they settled, excepting the towns of New London, Groton, and Stonington, which were considered as the peculiar seat of the Pequot nation. The inhabitants of Windsor, Hart- ford, and Weathersfield, either at the time of their settlement, or soon after, bought all those extensive tracts which they settled, of the native original pro- prietors of the country. Indeed, Connecticut plant- ers generally made repeated purchases of their lands. The colony not only bought the Moheagan country of Uncas, but afterwards all the particular towns were purchased again, either of him or his successors, when the settlements in them commenced. Besides, the colony was often obliged to renew its leagues with Uncas and his successors, the Moheagan sachems ; and to make new presents and take new deeds, to keep friendship with the Indians and pre- serve the peace of the country : and was obliged to defend Uncas from his enemies, which was an oc- casion of no small trouble and expense. The laws obliged the inhabitants of the several towns to re- serve to the natives a sufficient quantity of planting ground; and they were allowed to hunt and fish upon all the lands no less than the English. The colonies made laws for their protection from insult and fraud ; and the inhabitants suffered them to erect wigwams, and to live on the very lands which they had purchased of them ; and to cut their fire- wood on their uniuclosed lands, for more than a whole century after the settlements began. The lands, therefore, though really worth nothing at that time, cost the planters very considerable sums, be- sides the purchase of their patents and the right of pre-emption. In purchasing the lands and making settlements, in a wilderness, the first planters of Connecticut expended great estates. It has been the opinion of the best judges, who have had the most perfect acquaintance with the ancient affairs of the colony, that many of the adventurers expended more, in making settlements in Connecticut, than all the lands and buildings were worth, after all the im- provements which they had made upon them. At the general election in Connecticut, this year, Mr. Hopkins was chosen governor, and Mr. Haynes deputy-governor ; and Mr. Ludlow was chosen ma- gistrate in the place of Mr. Hopkins. The other magistrates were the same who were elected the last year; and the same governor, deputy-governor and magistrates, who were in office at New Haven the last year, were re-elected for this. As the colonists, both in Connecticut and New Haven, were the patentees of Lord Say and Seal, Lord Brook, and the other gentlemen interested in the old Connecticut patent, and as that patent covered a large tract of country, both colonies were desirous of securing the native title to the lauds, with all convenient dispatch ; and several large pur- chases were made this year both by Connecticut and New Haven. Connecticut made presents to Uncas, the Mohea- fan sachem, to his satisfaction, and on the 1st of eptember, 1640, obtained of him a clear and ample deed of all his lands in Connecticut, except the lands which were then planted. These he reserved for himself and the Mohcagans. The same year, Governor Haynes, in behalf of Hartford, made a purchase of Tunxis, including the towns of Farm- ington and Southington, and extending westward as far as the Mohawk country. The people of Connecticut, about the same time, purchased Waranoke and soon began a plantation there, since called Westfield. Governor Hopkins erected a trading-house, and had a considerable in- terest in the plantation. Mr. Ludlow made a purchase of the pastern part of Norwalk, between Saugatuck and Norwalk rivers ; Captain Patrick bought the middle part of the town- ship, and a few families seem to have planted them- selves in about the time of these purchases ; but it was not properly settled until about the year 1651, when the planters made a purchase of the western part. UNITED STATES. 659 About the same time, Robert Feaks and Daniel j Patrick bought Greenwich, which purchase was made in behalf of New Haven, but through the in- trigue of the Dutch governor, and the treachery of the purchasers, the first inhabitants revolted to the Dutch. They were incorporated and vested with 1 town privileges by Peter Stuyvesant, governor of! New Netherlands. The inhabitants were driven ' off by the Indians, in their war with the Dutch, and made no great progress in the settlement until after Connecticut obtained the charter, and they were taken under the jurisdiction of this colony. Captain Howe and other Englishmen, in behalf of Connecticut, purchased a large tract of the In- dians, the original proprietors, on Long Island. This tract extended from the eastern part of Oyster bay to the western part of Howe's or Holines's bay to the middle of the great plain. It lay on the northern part of the island and extended southward about half its breadth. Settlements were immedi- ately begun upon the lands ; and by the year 1642, had made considerable advancement. New Haven made a purchase of all the lands at Rippowams, of Ponus and Toquamske, the two sachems of that tract, which contained the whole town of Stamford. A reservation of planting ground was made for the Indians. Another large purchase, sufficient for a number of plantations, was made by Captain Turner, agent for New Haven, on both sides of Delaware bay or river, with a view to trade, and for the settlement of churches. The colony of New Haven erected trading-houses upon the lands, and sent nearly fifty families to make settlements upon them. The settlements were made under the jurisdiction of New Haven, and in close combination with that colony in all their fundamental articles. It also appears that New Haven, or their con- federates, purchased and settled Yennycock, South- hold, on Long Island; and Mr. John Youngs, who had been a minister at Hingham in England, came over, with a considerable part of his church, and here fixed his residence. He gathered his church anew, on the 21st of October, and the planters united themselves with New Haven ; however, they soon departed from the rule of appointing none to office, or of admitting none to be freemen, but mem- bers of the church. New Haven insisted on this as a fundamental article of their constitution, and they were, therefore, for a time obliged to conform to this law of the jurisdiction. Some of the principal men were the Reverend Mr. Youngs, Mr. William Wells, Mr. Barnabas Horton, Thomas Mapes, John Tuthill and Matthias Corwin. Laws were enacted, both by Connecticut and New Haven, prohibiting all purchases of the In- dians, by private persons, or companies, without the consent of their respective general courts. These were to authorize and direct the manner of every purchase. The general court, at New Haven, this year, made a grant of Totoket to Mr. Samuel Eaton, brother of Governor Eaton, upon condition of his procuring a number of his friends, from England, to make a settlement in that tract of country. At this court it was decreed, that the plantation at Quinnipiack should be called New Haven. (1641.) At the general election, this year, at Hartford, John Haynes, Esq. was chosen governor, and George Wyllys, Esq. deputy-governor. Mr. Hopkins was chosen magistrate, and the other prin- cipal officers were re-elected. The brethren of the cLuich at Weathersfield removed without their pastor, the Rev. Mr. Phil- lips ; and, having no settled minister at first, fell into unhappy contentions and animosities; which continued for a number of years, and divided the inhabitants of the town, as well as the brethren of the church ; and they were the means of scattering the inhabitants, and of the formation of new settle- ments and churches in other places. Great pains were taken, by the ministers on the river, to com- pose the differences and unite the church and town ; but they were unable to effect a union ; and Mr. Davenport and some of the brethren of the church at New Haven were sent for, to advise and attempt a reconciliation ; who gave advice somewhat differ- ent from that which had been given by the minis- ters and churches on the river ; and, it seems, sug- gested the expediency of one of the parties removing and making a new settlement, if they could not by any means be united among themselves. Some were pleased with the advice, others disliked it, and the parties could not agree which of them should remove. The church, which consisted of seven members only, was divided three against four. The three claimed to be the church, and therefore pleaded, that they ought not to remove, but the four, as they were the majority, insisted that it was their right to stay. The church at Watertown,as they had not dis- missed their brethren at Weathersfield, from their care, judged it their duty to make them a visit, and to attempt to heal the divisions which had sprung up among them. For this benevolent pur- pose, several of the brethren made a journey to Connecticut ; but they succeeded no better in their endeavours than those who had been before them. It now appeared to be the opinion, that it was ex- pedient for one of the parties to remove, but it could not be agreed which of them should be ob- liged igain to make a new settlement. At length a number of principal men, who were the most pleased with the advice of Mr. Davenport and the New Haven brethren, and to whom the govern- ment of that colony was most agreeable, determined to remove, and settle in combination with New Haven. Therefore, Mr. Andrew Ward and Mr. Robert Coe of Weathersfield, in behalf of themselves and about twenty other planters, purchased Rippowams of New Haven ; and the whole number obliged themselves to remove, with their families, the next year, before the last November. This spring the settlement commenced. The principal planters were the Rev. Mr. Richard Dentou, Mr. Matthew Mitchel, Mr. Thurston Rayner, Mr. Andrew Ward, Mr. Robert Coe, and Mr. Richard Gildersleve. Mr. Denton was among the first planters of the town, and continued their minister about three or four years. After that time he removed with part of his church and congregation to Hempstcd ; and set- tled that town about the year 1643 or 1644. At the general election, this year, (1641,) in New Haven, Theophilus Eaton, Esq. was chosen governor, and Mr. Stephen Goodyear deputy-go- vernor. The magistrates were Mr. Gregson, Mr. Robert Newman, Mr. Matthew Gilbert, and Mr. Wakeman ; and Thomas Fugill was appointed secretary, and Mr. Gregson treasurer. Upon the general election, (1642,) at Hartford, there was a considerable change with respect to civil officers. George Wyllys, Esq. was elected governor, and Roger Ludlow, Esq. doputy-govern- 3P2 660 THE HISTORY OF AMERICA. or. Eight magistrates were chosen for Connecti- cut. This is the first instance of more than six. The magistrates were John Haynes, Esq. Mr. Phelps, Mr. Webster, Captain Mason, Mr. Wells, Mr. Whiting, Edward Hopkins, Esq. and Mr. Wil- liam Hopkins. The Indians were exceedingly troublesome this year ; and as it was suspected that they were form- ing a combination for a general war, all trading with them, in arms or any instruments of iron, was ex- pressly prohibited, both by Connecticut and New Haven. Each colony concerted measures of de- fence ; and a constant watch was kept in all the plantations ; and on the Sabbath a strong guard was set at the places of public worship. At this court, the magistrates were desired to write to the Dutch, and, as far as possible, to pre- vent their vending arms and ammunition to the na- tives, and to settle all disputes between them and the colony with respect to claims. But notwithstand- ing all their endeavours, the Dutch behaved with great insolence, and did much damage to both the English colonies. The Dutch, at Hartford, gave entertainment to fugitives from the English ; helped them when con- fined to fiie off their irons ; and persuaded servants to run from their masters and then gave them enter- tainment. They purchased goods which had been stolen from the English, and would not return them, and assisted criminals in breaking gaol. Besides these misdemeanors at Hartford, the Dutch governor, William Kieft, caused the English settlements on Long Island, which had now ad- vanced, on the lands purchased by Captain Howe, as far as Oyster bay, to be broken up ; and some of the English planters were forcibly seized and im- prisoned, and others driven from their settlements. To the colony of New Haven the Dutch were still more hostile and injurious. Notwithstanding the fair purchases which that colony had made, by their agents at Delaware, Governor Kieft, without any legal protest or warning, dispatched an armed force, and with great hostility burned the English trad- ing-houses, violently seized and for a time detained their goods, and would not give them time to take an inventory of them ; they also took the company's boat, and a number of the English planters, and kept them as prisoners. The damages done the English at Delaware were estimated at a thousand pounds sterling. The same year the Swedish governor and Dutch agent uniting in a crafty design against Mr. Lam- berton, a principal gentleman of New Haven, made an injurious attempt upon his life. They accused him of having joined in a plot with the Indians to cut off the Swedes and Dutch; and attempted, by giving his men strong drink, and by threatenings and allurements, to influence them to bear testi- mony against him. They proceeded so far as to jmprison and try him for treason ; and when, not- withstanding these unfair means, and that they were both his accusers and judges, they could not find any evidence against him, they arbitrarily im- posed a fine upon "him, for trading at Delaware, though within the limits of the purchase and juris- diction of New Haven. At another time, when Mr. Lamberton was occa- sionally at Manhatoes, in the capacity of an agent for New Haven, the Dutch governor, Kieft, by- force and threatenings compelled him to give an account of all his beaver, within the limits of New Haven, at Delaware, and to pay an impo the whole. The Dutch did other damages, and in suited the English in various other instances. Both Connecticut and New Haven, from year to year, complained and remonstrated against them, but could obtain no redress. While the colonies were increasing in numbers and settlements, progress in law and jurisprudence, in the regular establishment of courts and the times of their sessions, was also necessary for the advance- ment, order and happiness of the respective juris- dictions. This, so far as the numerous affairs of the colo- nies would permit, was an object of special atten- tion. The capital laws of Connecticut were, this year, nearly completed and put upon record. The several passages of Scripture on which they were founded were particularly noticed in the statute. Thev were twelve in number, and to the following? effect. If any man or woman shall have or worship any God but the true God, he shall be put to death. Deut. xiii. 6. xvii. 21. Exodus xxii. 2. If any person in this colony shall blaspheme the name of God the Father, Son, or Holy Ghost, with direct, express, presumptuous or high-handed blas- phemy, or shall curse in like manner, he shall be put to death. Levit. xxiv. 15, 16. If any man or woman be a witch, that is, hath or consulted with a familiar spirit, they shall be put to death. Exodus xxii. 18. Levit. xx. 22. Deut xviii. 10, 11. If any person shall commit wilful murder, upon malice, hatred or cruelty, not in a man's own de- fence, nor by casualty against his will, he shall be put to death. Exodus xxi. 12, 13, 14. Numbers xxxv. 30, 31. If any person shall slay another through guile, either by poisoning, or other such devilish practices, he shall be put to death. Exodus xxi. 14. For the remainder, see Leviticus xx. 11, 12, 13, 14, 15, 16. Also Deut. xxii. 25. Exodus xxi. 16, and Deut, xix. 16, 18, 19. It was also enacted, that if any person should conspire against the commonwealth, attempt an insurrection, invasion, or rebellion against it, he should be put to death. Wilful arson, the cursing and smiting of father or mother, and notorious stubbornness in children, after a certain age, were, soon after, made capital offences, by the laws of the colony, and added to the list of the capital laws. Before this time, incontinence and wanton beha- viour had been prmished with whipping at the tail of the cart, by fining, or obliging the delinquents to marry, at the discretion of the particular courts. The general court approved of what the particular courts had done, in these cases, and authorized them in future to punish such delinquents by fines, by committing them to the house of correction, or by corporal punishment, at the discretion of the court. As some loose persons deserted the English settle- ments, and lived in a profane manner, a law was en- acted, that all persons who should be convicted of this crime should be punished with three years' im- prisonment, at least in the house of correction, with line, or corporal punishment, as the particular court should direct. (1643.) At a general court in New Haven, April 5, considerable progress was made in the laws and government of that colony. Deputies were admitted st upon to the court, and an addition was made to the UNITED STATES. 661 number of magistrates. Stamford, for the first time, sent Captain John Underbill and Mr. Richard Gild- ersleve to represent the town. Mr. Mitchel and Mr. Rayner were nominated for magistrates in Stamford. Mr. Rayner was appointed by the court. Captain Underbill, Mr. Mitchel, Mr. Andrew Ward, and Mr. Robert Coe were appointed assistant judges to Mr. Rayner. This court was vested with the same powers as the court at New Haven, and was the first instituted in Stamford. Mr. William Leet and Mr. Desborough were admitted magis- trates for Menunkatuck, and that plantation was named Guilford. This year John Haynes, Esq. was elected go- vernor, and Mr. Hopkins deputy-governor. Mr. Wolcott and Mr. Swain wore chosen magistrates; and Mr. Phelps and Mr. William Hopkins were not elected. Mr. Whiting was chosen treasurer, and Mr. Wells secretary. It appears to have been customary, for a number of years, to choose the se- cretary and treasurer among the magistrates. Juries appear to have attended the particular courts, in Connecticut, from their first institution. They seem to have been regularly enrolled about the year 1641. or 1642. But the particular courts found great difficulties with respect to their proceed- ings. There were no printed laws for the inhabit- ants to study, and many of the common people had attended very little to law and evidence. The jury, therefore, very often would be so divided that they could not agree upon any verdict; and when they were agreed, it did not always appear to the court that they brought in a just one. A rather extra- ordinary law therefore passed this court, regulating the juries. The court decreed that the jury should attend diligently to the case, and to the evidence ; and if they could not all agree in a verdict, they should offer their reasons upon the case to the court, and the court should answer them, and send out the jury again. If, after deliberating upon the case, they could not bring in a joint verdict, it was decreed that it should be determined by a major vote; and that this should, to all intents and purposes, be deemed a full and sufficient verdict; upon which judgment should be entered, and execution, and all other proceedings should be as though there had been a joint verdict of the jury. It was also pro- vided, that if the jury should be equally divided, six and six, they should represent the case to the court, with their reasons, and a special verdict should be drawn, and a major vote of the court, or magistrates, should determine the cause, and all matters respecting it should be as though there had been a joint verdict of the jury. At this court it was ordained that a grand jury of twelve men should attend the particular courts, annually, in May and September, and as often as the governor and court should judge expedient. It was also enacted, that the grand jury should be warned to give their attendance. This is the first notice of a grand jury, at any court. A general confederation of the New England colonies had been proposed, and in agitation for several years. In 1638, articles of union for amity, offence and defence, mutual advice and assistance, upon all necessary occasions, were drawn, and for further consideration referred to 1639. Connecticut and Mr. Fenwick agreed to confederate for these purposes. From this time Connecticut had annually appointed some of her principal men to go to Mas- sachusetts to complete the designed confederacy. Governor Haynes and Mr. Hooker, in 1639, were nearly a month in Massachusetts, labouring to carry t into effect. New Haven paid equal attention to an affair so important to the colonies. The circum- stances of the English nation, and the state of the colonies in New England, at this time, made it a natter of urgent necessity. For the accommodation of particular companies, the colonies had extended :heir settlements upon the rivers and sea-coasts much further, and had made them in a more scat- tered manner, than was at first designed. No aid could be expected from the parent country, let emergencies be ever so pressing. The Dutch had so extended their claims, and were so powerful and hostile, as to afford a just ground of general alarm. All the plantations were compassed with numerous tribes of savage men. The Narragansets appeared hostile, and there were the appearances of a general combination among the Indians in New England, to extirpate the English colonies. There were, not- withstanding its utility, impediments in the way of effecting even so necessary and important a union. The Massachusetts was much more numerous and powerful than the other colonies, and it was in vari- us respects more respectable and important; it was therefore a matter of difficulty to form a union upon equal terms. The other colonies were not willing to unite upon unequal terms, and there were also disputes between Connecticut and Massachu- setts. The colony of Massachusetts claimed part of the Pequot country, on the account of the assis- tance which they afforded in the Pequot war. There was also a difference with respect to the boundary line between Massachusetts and Connecticut. Both colonies claimed the towns of Springfield and West- field, and these difficulties retarded the union. However, -Connecticut, New Haven, and Ply- mouth, all dispatched commissioners to Boston, in May, at the time of the session of the general court. The commissioners from Connecticut were, Governor Haynes and Mr. Hopkins ; Mr. Fenwick, from Say- brook ; Governor Eaton and Mr. Gregson, from New Haven; Mr. Winslow and Mr. Collier, from Plymouth. The general court of Massachusetts appointed Governor Winthrop, Mr. Dudley, and Mr. Bradstrcet, of the magistrates; and of the depu- ties, Mr. Hawthorne, Mr. Gibbons, and Mr. Tyng. There appeared, at this time, a spirit of harmony and mutual concession among the commissioners, and on the 19th of May, 1643, the articles were completed and signed. " The commissioners were unanimous in adopting them ; but those from Ply- mouth did not sign them, as they had not been au- thorized by the court; but at the meeting of the com- missioners in September, they came vested with plenary powers, and signed them. The commissioners, in the introductory part, de- clare, with respect to the four colonies of Massa- chusetts, Plymouth, Connecticut, and New Haven, and the plantations under their respective jurisdic- tions, that, as they all came into these parts of America with one and the same end and aim, to advance the kingdom of our Lord Jesus Christ, and enjoy the liberties of the Gospel in purity and peace, they conceived it their bounden duty to enter into a present confederation among themselves, for mu- tual help and strength in all future concernments ; that, as in nation and religion, so in other respects they be and continue one, and henceforth be called by the name of " The United Colonies of New Eng- land." They declare, that the said united colonies, for themselves and their posterity, did, jointly and se- 662 THE HISTORY OF AMERICA. verally, enter into a firm and perpetual league of friendship and amity, of offence and defence, mu- tual aid and succour, upon all just occasions, both for preserving and propagating the truth and liberty of the Gospel, and for their own mutual safety and welfare. The articles reserved to each colony an entire and distinct jurisdiction. By them, no two colonies might be united in one, nor any other colony be re- ceived into the confederacy, without the consent of the whole. Each colony was authorized to send two commis- sioners annually, always to be church members, to meet on the first Monday in September, first at Boston, then at Hartford, New Haven, and Ply- mouth. This was to be the annual order, except that two meetings successively were always to be at Boston. The commissioners, when met, were authorized to choose a president from among themselves, for the preservation of order. They were vested with plenary powers for making war and peace, laws and rules of a civil nature and of general concern. Es- pecially to regulate the conduct of the inhabitants towards the Indians, towards fugitives, for the ge- neral defence of the country, and for the encourage- ment and support of religio'n. The expense of all wars, offensive or defensive, was to be borne in proportion to the number of the male inhabitants in each colony, between sixteen and sixty years of age. Upon notice from three magistrates of any of the colonies of an invasion, the colonies were immediately to send assistance, the Massachusetts a hundred, and each of the other colonies forty-five men. If a greater number was necessary, the commissioners were to meet and determine the number. All determinations of the commissioners, in which six were agreed, were binding upon the whole. If themselves, and to secure the peace and rights of the country : it was one of the principal means of the preservation of the colonies, during the civil wars and unsettled state of affairs in England : and it was the grand source of mutual defence in Philip's war, and of the most eminent service in civilizing the Indians, and propagating the Gospel among them. The union subsisted more than forty years, until the abrogation of the charters of the New Eng- land colonies, by King James the Second. The Indians were so tumultuous and hostile, that its whole influence was necessary to prevent a gene- ral war. The troubles originated in the ambitious and perfidious conduct of Miantonimoh, chief sa- chem of the Narragansets. After the Pequot war, he attempted to set himself up as universal sachem over all the Indians in New England ; and without regard to the league made between him, the English, and the Moheagans, at Hartford, in 1638, when the Pequots were divided between him, and Uncas, he warred against him : and at the same time used all the arts of which he was master, by presents and intrigue, to inflame the other Indians, and excite a general insurrection against the En- glish plantations. Connecticut was for making war immediately, and sent pressing letters to the court at Boston, urging that a hundred men might be sent to Say- brook fort, to assist against the enemy, as circum- stances might require : but the court of Massachu- setts pretended to doubt of the facts alleged, acd would not consent. In the mean time Miantonimoh hired one of Uncas's men to assassinate him : who made an attempt in the spring, and shot Uncas through his arm : and then ran off to the Narragan- sets, reporting, through the Indian towns, that he had killed Uncas. But when it was known that : Uncas was only wounded, Miantonimoh and the j Pequot reported that Uncas had cut through his there were a majority, yet under six, the affair was arm with a flint, and then charged the Pequot with to be referred to the general court, of each colony, shooting him. However, Miantonimoh soon after and could not be obligatory, unless the courts unani- mously concurred. No colony might enga in a war, without the consent of the whole union, unless upon some urgent and sudden occasion. Even in such case, it was to be avoided as far as possible, consistent with the ge- neral safety. If a meeting were summoned, upon any extraor- dinary occasion, and the whole number of commis- sioners did not attend, any four who were met, might, in cases which admitted of no delay, deter- mine upon a war, and send to each colony for its proportion of men. A number, however, less than six could not determine the justice of a war, nor have power to settle a bill of charges, nor make levies. If either of the confederates should break any article of the confederation, or injure one of the other colonies, the affair was to be determined by the commissioners of the three other confederates. The articles also made provision, that all servants running from their masters, and criminals flying pprehending he might be going to Boston, in company with the Pequot who had wounded Uncas, the governor and magistrates, upon examination, found clear evidence that the Pequot was guilty of the crime, with which he had been charged. They had designs of a him and sending him to Uncas, that punished : but Miantonimoh pleaded that he might be suffered to return with him, and promised that he would send him to Uncas. Indeed, he so ex- culpated himself, and made such fair promises, that they gave up their design, and permitted them to depart in peace ; and about two days after, Mian- tonimoh murdered the Pequot on his return, that he might make no further discovery of his treache- rous conduct. About the same time much trouble arose from Sequassen, a sachem, upon Connecticut river. Seve- ral of his men killed a principal Indian belonging to Uncas ; and he. or some of his warriors, had also waylaid Uncas himself, as he was going down the river, and shot several arrows at him. Uncas made from justice, from one colony to another, should, | a complaint to the governor and court at Connecti upon demand, and proper evidence of their character, | cut, of these outrages ; andGovernor Haynes and the as fugitives, be returned to their masters, and to the I court took great pains to make peace between Un- colonies whence they had made their escape ; that j cas and Sequassen. Upon hearing their several in all cases law and justice might have their course, stories, it appeared that Uncas required that six of This union of the highest consequence to the New England colonies : it made them formid- Sequassen's men should be delivered to him, for the murder of his man, because he was a great man. able to the Dutch and Indians, and respectable ! Governor Haynes and the court laboured to dis- among their French neighbours: it was happily suade Uncas from his demand of six men for one ; adapted to maintain a general harmony among J and urged him to be satisfied upon Sequassen's UNITED STATES. 663 delivering up the murderer; and at length, with much persuasion and difficulty, Uncas consented to accept of the murderer only. But Sequassen would not agree to deliver him ; as he was nearly allied to Miantonimoh, and one of his peculiar favourites ; and Sequassen chose rather to fight, and was overcome by Uncas, who killed a number of his men and burned his wigwams. Miantonimoh, without consulting the English, according to agreement, without proclaiming war, or giving Uncas the least information, raised an army of nine hundred, or a thousand men, and marched against him. Uncas's spies discovered the army at some distance, and gave him intelli- gence ; and although he was unprepared, he col- lected between four and five hundred of his bravest men ; and having marched three or four miles, the armies met upon a large plain. When they had advanced within bow-shot of each other, Uncas had recourse to a stratagem, with which he had previ- ously acquainted his warriors. He desired a parley, and both armies halted in the face of each other ; and Uncas, advancing in the front of his men, ad- dressed Miantonimoh to this effect: "You have a number of stout men with you, and so have I with me. It is a great pity that such brave warriors should be killed in a private quarrel between us only. Come like a man, as you profess to be, and let us fight it out. If you kill me, my men shall be yours ; but if I kill you, your men shall be mine :" to which Miantonimoh replied, " My men came to fight, and they shall fight." Uncas fell instantly on the ground, and his men discharged a shower of arrows upon the Narragansets ; and, without a mo- ment's interval, rushing upon them in the most furious manner, with their hideous Indian yell, put them immediately to flight. Tho Moheagans pur- sued the enemy with the same fury and eagerness with which they commenced the action ; and the Narragansets were driven down rocks and preci- pices. Some of Uncas's bravest men, who were most light of foot, coming up with Miantonimoh, pulled him back, impeding his flight, and passed him. that Uncas might take him ; who rushing for- ward, like a lion greedy of his prey, seized him by his shoulder : he found he was now in the power of the man whom he had hated, and had attempted to destroy ; but he sat down sullen and spake not a word. Uncas gave the Indian whoop and called up his men, who were behind, to his assistance ; and the victory was completed. Among the -prisoners were a brother of Miantonimoh and two sons of Canoni- cus, a chief sachem of the Narragansets. Two of Miantonimoh's captains, who formerly were Uncas's men, but had treacherously deserted him, discover- ing his situation, took him and carried him to Un- cas, expecting in this way to reconcile themselves to their sachem ; but Uncas and his men slew them. Miantonimoh made no request, either for himself or his men ; but continued in the same sullen, speechless mood. Uncas, demanded of him why he would not speak ; saying, " Had you taken me, I should have besought you for my life." And although the sullen chieftain would not ask it, he gave him his life, and returned with great triumph to Moheagan, carrying his captive as an illustrious trophy of his victory. One Samuel Gorton and his company had pur- chased lands of Miantonimoh, under the jurisdiction of Massachusetts and Plymouth ; and expected to be vindicated in their claims, by him, against those colonies, and against the Massachusetts and Ply- mouth sachems, who were the original proprietors ; therefore, when the news of Uncas's victory, and of the capture of Miantonimoh, arrived at Providence, they sent to him to deliver Miantonimoh, threatening him that the power of the English should be em- ployed against him, if he refused to comply. Uncas, therefore, carried his prisoner to Hartford, to ad- vise with the governor and magistrates, with respect to his conduct in such a situation, who were of the opinion that, as there was no open war between them and the Narragansets, it was not prudent for them to intermeddle with the quarrel ; but advised that the whole affair should be referred to the com- missioners of the united colonies at their meeting in September. When Miantonimoh came to Hartford, he most earnestly pleaded to be left in the custody of the English : expecting more safety and better treat- ment with them. Uncas consented to leave him at Hartford, but insisted that he should be kept as his prisoner. On the 7th of September, the commissioners met at Boston. Governor Winthrop and Thomas Dud- ley, Esquires, were commissioners for Massachu- setts; George Fenwick a.nu Edward Hopkins, Esquires, for Connecticut; and Theophilus Eaton and Thomas Gregsou, Esquires, for New Haven. Governor Winthrop was chosen President. The whole affair of Uncas and Miantonimoh was laid before the commissioners, and the facts already re- lated, were, in their opinon, fully proved; not only his attempts upon the life of Uncas, but that he had been the principal author of inflaming and stirring up the Indians to a general confederacy against all the English plantations : it also appeared that, in- stead of delivering the Pequot, who had shot Uncas, as he promised in open court, he had murdered him on the road from Boston to Narraganset ; and it was also affirmed that the Narragansets had sent for the Mohawks, and that they were come within a day's journey of the English settlements, and were kept back only by the capture of Miantonimoh : and that they were waiting for his release, to prosecute their designs against the English, or Uncas, or against both, as the Indians should determine. The commissioners laid the affair be- fore five or six of the principal ministers in Massa- chusetts, and took their advice relative to the law- fulness and justice of putting him to death; who gave it as their opinion, that he ought to be put to death; and thereupon the commissioners resolved, That as it was evident that Uncas could not be safe, while Miantonimoh lived ; but that, either by secret treachery or open force, his life would be continually in danger, he might justly put such a false and blood-thirsty enemy to death." They de- termined Uncas should not do it in any of the Eng- lish plantations, but in his own jurisdiction ; and at the same time advised that no torture or cruelty should be exercised in the manner of his execution. They also determined that if the Narragansets, or any other Indians, should unjustly assault Uncas, on account of the execution of Miantonimoh, the English should, upon his desire, assist him against such violence. Governor Winthrop writes, " It was clearly dis- covered to us that there was a general conspiracy among the Indians to cut off all the English ; and that Miantonimoh was the head and contriver of it : that he was of a turbulent and proud spirit, and would nevei- be at rest ; and that he had killed the Pequot contrary to his promise." 664 THE HISTORY OF AMERICA. The commissioners had received intimations, that the Narragansets had it in contemplation to capture one or more of them, with a view to the redemption of Miantoiiimoh; and their determination respect- ing his execution was therefore kept as a profound secret, until after the return of the commissioners of Connecticut and New Haven, lest it should in- flame and encourage them to make the attempt. Previously to the meeting of the commissioners, the Dutch governor had written a letter to Governor Winthrop, containing high congratulations on the union of the colonies, and at the same time making grievous complaints of Connecticut and New Haven, as having committed insufferable injuries against the Dutch, and as having given misinformation re- specting them to their agent in Europe ; and he de- sired a categorical answer from Governor Winthrop, whether he would aid or desert them, that he might know who were his friends, and who were his ene- mies. The governor, after consulting with some few of his council, who were at hand, wrote an an- swer in part to the Dutch governor, reserving to himself one more full at the session of the general court. He represented his sorrow for the differ- ences which had arisen, between the Dutch and his brethren at Hartford, suggesting that they might be settled by arbitrators, either in England, Holland, or America ; observed, that by the articles of con- federation each colony was obliged to seek the safety and welfare of the other colonies, no less than its own ; hoped that this would not interrupt the friendship which had subsisted between them and the Dutch; stated that the controversy at Hartford was for a small piece of land only, which, in so vast a continent as this, was of too little value to make a breach between protestauts so related in profes- sion and religion as the Dutch and English were ; and finally desired that each party would carefully avoid all injuries, until the differences between, them should be amicably accommodated by an impartial hearing and adjudication, either in Europe or America. The affair was then brought before the commis- sioners. Governor Eaton and Mr. Gregson com- plained of the outrages which the Dutch had com- mitted against the persons and property of the English, within the limits of New Haven, at Dela- ware, and in other places, and made proof of the injuries of which they complained. The conduct of the Dutch towards Connecticut was also laid before the commissioners by Governor Hopkins and Mr. Fenwick. Upon which the president was directed to write a letter, in the name of the commissioners, to the Dutch governor, stating the particular injuries which the Dutch had done the English colonies, and to demand satisfaction. It was also directed, that as Governor Winthrop had in part answered the Dutch governor's letter respecting Connecticut, he would now, in further answer to it, particularize the injuries done, both to Connecticut and New Haven, and demand an answer; and he was also au- thorized to assure the Dutch, that as they would not wrong others, so neither would they desert their con- federates in a just cause. The Indians at this period were beginning to ac- quire the use of fire-arms. The French, Dutch, and others, for the sake of gain, were vending them arms and ammunition; and they were in such a tumultuous and hostile state, as had the appearance of a general war. The commissioners, therefore, gave orders that the militia, in the several colonies. should be frequently trained, and completely furnish- ed with arms and ammunition. All the companies were to be mustered and reviewed four times in year ; and it was ordered that all the towns should prepare magazines, in proportion to the number of their militia. The commissioners having given the necessary directions for the execution of Miantonimoh, and for the general safety of the country, dispersed and returned to their respective colonies. Immediately upon the return of the commission- ers of Connecticut and New Haven, Uncas, with a competent number of his most trusty men, was or- dered to repair forthwith to Hartford; where he was made acquainted with the determination of the commissioners, and, receiving his prisoner, marched with him to the spot where he had been taken. At the instant they arrived on the ground, one of Uncas's men, who marched behind Miautonimoh, split his head with a hatchet, killing him at a single stroke. He was probably unacquainted with his fate, and knew not by what means he fell. Uncas cut out a large piece of his shoulder, and ate it in savage triumph ; saying, " it was the sweetest meat he ever ate, it made his heart strong." The Moheagans, by the order of Uncas, buried him at the place of his execution, and erected a great heap, or pillar, upon his grave. This event gave the place the name of Sachem's Plain. Two Englishmen were sent with Uncas to witness that execution was done, and to prevent all torture and cruelty in the manner of its performance ; and Connecticut and New Haven, agreeably to the di- rection of the commissioners, sent a party of soldiers to Moheagan, to defend Uncas against any assault which might be made upon him by the Narragansets, in consequence of the execution of their sachem. Governor Winthrop, at the same time, according to the orders which he had received from the com- missioners, dispatched messengers to Canonicus, the Narraganset sachem, and the Narraganset In- dians, to certify to them that the English had noticed their perfidy, in violating the league between them and the English, from time to time, notwithstanding the English had treated them with love and integrity. These messengers assured them, that they had disco- vered their mischievous plots, in joining with Mianto- nimoh, in purchasing aid of the Indians, and by gifts, threats, and allurements, exciting them to a con- federacy to root out the whole body of the English ; represented to them their treachery in waging war with Uncas, contrary to their express covenant with him and with the English ; and justified the execu- tion of Miantonimoh, by Uncas, as he was his lawful captive, and as he had practised treachery and murder against him and his subjects; and insisted that it was both just and agreeable to the practice of the Indians in similar cases, and necessary for the safety of Uncas, the peace of the country, and even of the Narragansets themselves. While they firmly and fully represented these facts to them, they, in the name of the united colonies, tendered them peace and safety ; and assured them that they would defend Uncas and all their allies, whether English or Indians, in their just rights ; and if they desired peace, they would exercise equal care and friendship towards them. The commissioners gave orders, that Connecticut should provide for the defence of Uncas against any assault of the Narragansets, or any other Indians. Upon the general election at New Haven, in October, Governor Eaton and Mr. Stephen Good- UNITED STATES. 665 year were re-elected governoi and deputy-governor Mr. William Fowler and Mr. Edward Tapp were elected magistrates for Milford, and Thurston Ray- ner for Stamford. This year, for the first time, the general court at New Haven, are distinctly recorded and distinguished by the names of governor, deputy governor, magistrates, and deputies. It appears that the plantation at Yennycock had not fully attended to the fundamental article of ad- mitting none to be free burgesses but members of the church ; and it was therefore at this general court decreed, " That none should be admitted free bur- gesses in any of the plantations but such as were members of some approved church in New England: that such only should have any vote in elections; and that no power for ordering any civil affairs should be put into the hands of any but such." It was also enacted, that each town in the juris- diction should choose their own judges in ordinary cases ; who were authorized to judge in civil cases not exceeding twenty shillings, and in criminal cases, in which the punishment did not exceed set- ting the delinquent in the stocks, whipping him, or fining not exceeding five pounds. If there were a magistrate, or magistrates, in the towns in which these town-coutts were holden, then the magistrate, or magistrates, were to sit in the court, and judg- ment was to be given with a due respect to their advice. From these courts, there was liberty of ap- peal to the court of magistrates. It was granted, that all the free burgesses in the plantations should vote in the choice of governors, magistrates, secretary, and treasurer ; and also that each town should have a magistrate, if they desired it, chosen from among their own free burgesses. At this general court, a court of magistrates was appointed, consisting of all the magistrates in the jurisdiction. They were to meet twice, annually, at New Haven, on the Mondays preceding the gene- ral courts in April and October ; and were authorized to receive appeals from the plantation-courts, and to try all important causes, civil and criminal. Every magistrate was obliged, on penalty of a fine, to give his attendance. Four magistrates consti- tuted a quorum. All judgments of the court were to be determined by a major vote. All trials were decided by the bench. It does not appear that juries were ever used in the colony of New Haven. The court enacted, that there should be two gene- ral courts for this colony, to meet at New Haven, on the first Wednesday in April, and the last in October, annually. It was decreed, that the gene- ral court should consist of a deputy-governor, ma- gistrates, and two deputies from each town. In the last of these general courts, a governor, deputy-go- vernor, magistrates, secretary, treasurer, and mar- shal, or high sheriff, were to be annually chosen. The governor, or, in his absence, the deputy- go- vernor, had power to call a general court, upon pressing emergencies, and whenever it might be necessary. All the members were obliged to attend, upon penalty of twenty shillings fine in case of de- fault. It was ordained, that in this court should subsist the supreme power of the commonwealth; and particularly that it should, " with all care and diligence, endeavour to maintain the purity of re- ligion, and to suppress all irreligion, according to the best light they could obtain from the divine oracles, and by the advice of the elders and churches in the jurisdiction, so far as it might concern the civil power." The Dutch were this year exceedingly harassed and distressed by the Indians, and made application to Governor Eaton and the general court, soliciting that a hundred men might be raised in the planta- tions for their assistance against such barbarous enemies. The war between the Dutch and Indians arose from a drunken Indian, in his intoxication, having killed a Dutchman. The Dutch demanded the murderer, but he was not to be found; and they then made application to their governor to avenge the murder ; who, judging it would be unjust or un- safe, considering the numbers of the Indians, and the weak and scattered state of the Dutch settle- ments, neglected to comply with their repeated solicitations. In the mean time the Mohawks, as the report was, excited by the Dutch, fell suddenly on the Indians, in the vicinity of the Dutch settle ments, and killed nearly thirty of them. Others fled to the Dutch for protection ; and one Marine, a Dutch captain, getting intelligence of their state, made application to the Dutch governor, and ob- tained a commission to kill as many of them as it should be in his power ; and collecting a company of armed men, he fell suddenly upon the Indians', and made a promiscuous slaughter of men, women and children, to the number of seventy or eighty. This instantly roused the Indians, in that part of the country, to a furious and bloody war. In the spring, and beginning of the summer, they burnt the Dutch out-houses ; and driving their cattle into their barns, they burned the barns and cattle toge- ;her ; killed twenty or more of the Dutch people, and pressed so hard upon them that they were ob- liged to take refuge in their fort, and to seek help of the English. The Indians upon Long Island united in the war with those on the main, and burned the Dutch houses and barns. The Dutch governor in this situation invited Captain Under- lill from Stamford to assist him in the war ; Ma- rine, the Dutch captain, was so exasperated with ;his proceeding that he presented his pistol at the governor, and would have shot him, but was pre- vented : one of Marine's tenants however discharged lis musket at the governor, and the ball just missed lim ; upon which the governor's sentinel shot the .enant dead upon the spot. The Dutch, who at first were clamorous for a war with the Indians, were now, when they experienced the loss and dangers if it, so irritated at the governor, for the orders which he had given, that he could not trust himself among them, and he was obliged to keep a constant guard of fifty Englishmen about his person. In tho iummer and fall the Indians killed fifteen more of he Dutch people, and drove in all the inhabitants f the English and Dutch settlements, west of Stamford. In prosecution of their works of destruction, they made a visit to the neighbourhood where Mrs. Hut- chinson, who had been so famous at Boston, for her Antinomian and familistical tenets, had made a set- tlement. The Indians at first appeared with the ame friendship with which they used to frequent her house ; but they murdered her and all her 'amily, Mr. Collins, her son-in-law, and several )ther persons, belonging to other families in the neighbourhood, to the number of eighteen; and with an implacable fury, prosecuted the destruct- on of the Dutch, and of their property, in all ,hat part of the country. They killed and burned heir cattle, horses and barns without resistance ; ind having destroyed the settlements in the country, ,hey passed over to the Dutch plantations on Long 660 THE HISTORY OF AMERICA. Island, doing all the mischief of which they were capable. The Dutch, who escaped, were confined to their fort, and were obliged to kill and eat their cattle, for their subsistence. Governor Eaton and the general court having maturely considered the purport of the Dutch go- vernor's letter, rejected the proposal for raising men and assisting in the war against the Indians. Their principal reasons were, that joining separately in war, was prohibited by the articles of confedera- tion ; and that they were not satisfied that the Dutch war with the Indians was just. Nevertheless it was determined, that if the Dutch needed corn and provisions for men or cattle, by reason of the destruction which the Indians had made, the court would give them all the assistance in its power. The Indians at Stamford caught too much the spirit of the Western Indians in their vicinity, who were at war with the Dutch ; and appeared so tu- multuous and hostile, that the people at Stamford were in great fear that they should soon share the fate of the settlements to the westward of them. They wrote to the general court at New Haven, that in their apprehensions there were just grounds of a wai with those Indians, and that if their houses should be burned, because the other plantations would not consent to war, they ought to bear the damage. The Narraganset Indians were enraged at the death of their sachem. The English were univer- sally armed. The strictest watch and guard was kept in all the plantations. In Connecticut every family, in which there was a man capable of bearing arms, was obliged to send one completely armed, every Sunday, to defend the places of public wor- ship ; and indeed all places wore the aspect of a general war. Public fasts appointed Indians continue hostile, and commit murder Acts of the commissioners respecting them Branford settled Towns in Connecticut Message of the commissioners to the Narragansets Their agreement respecting Uncas Long Island Indians taken under the protection of the United Colonies Massachusetts claims part of the Pequot country and Waranoke Determination of the com- missioners respecting said claim Agreement with Mr. Fenwick relative to Saybrook fort and the ad- jacent country Fortifications advanced Ertraor- dinary meeting of the commissioners to suppress the outrages of the Narragansets War proclaimed and troops sent against them They treat and prevent war Fail field objects to a jury of six Controversy with the Dutch The Indians plot against the life of Governor Hopkins and othar principal gentlemen at Hartford Damages at Windsor Battle between the Dutch and Indians Losses of New Haven Dispute with Massachusetts relative to the impost at Saybrook Mr. Winthrop's claim of the Nehantic country Settlement of accounts between the colonies. (1644.) The affairs both of Old and New England wore so gloomy an aspect at this time, that the pious people in the colonies judged extraordinary fasting and prayer to be their indispensable duty. The flames of civil discord were kindled in England, and the tumultuous and hostile state of the natives in the united colonies threatened them with a bloody and merciless Indian war. The general court of Connecticut therefore ordained a monthly fast, through the colony, to begin on Wednesday the 6th of January. New Haven had before appointed a fast at the same time in all the plantations in that jurisdiction ; and, indeed, this was practised through- out the united colonies, during (he civil wars in England. The colonists sympathized with their brethren, in their native country, and conformed to them in their days of humiliation and prayer. The freemen of Connecticut and New Haven ex- hibited a remarkable example of steadiness in the election of civil officers. Nearly the same persons were chosen annually into places of principal trust as long as they lived. This year Edward Hopkins, Esq. was chosen governor, and John Haynes, Esq. deputy-governor. The other magistrates were the same as they had been the last year, except Mr. William Swain, who was chosen into the magis- tracy. Mr. Haynes and Mr. Hopkins were gene- rally elected, alternately governor and deputy-go- vernor, during their respective lives. The reason of this annual change of them, from governor to deputy-governor, was because the constitution pro- hibited the choice of the same governor more than once in two years. At New 'Haven, Governor Eaton was annually elected to the office of governor during his life ; and Mr. Stephen Goodyear was generally chosen dep- uty-governor. The Indians were no more peaceable this year than they were the last. Those in the western part of Connecticut still conducted themselves in a hos- tile manner. In the spring they murdered a man belonging to Massachusetts, between Fairfield and Stamford ; and atiout six or eight weeks aftei the murder was discovered, the Indians promised to de- liver the murderer, at Uncoway, if Mr. Ludlow would appoint men to receive him. Mr. Ludlow sent ten men for that purpose ; but as soon as the Indians came within sight of the town, they, by general consent, unbound the prisoner and suffered him to escape. The English were so exasperated at this insult, that they immediately seized on eight or ten of the Indians, and committed them to prison. There was among them one or two sachems ; and consequently the Indians arose in great numbers about the town, and exceedingly alarmed the peo- ple both at Fairfield and Stamford. Mr. Ludlow wrote to New Haven for advice ; and the court de- sired him to keep the Indians in durance, and as- sured him of immediate assistance, should it be necessary. A party of twenty men were draughted forthwith, and prepared to march to Stamford upon the shortest notice. The Indians were held in cus- tody, until four sachems, in those parts, appeared and interceded for them, promising that if the English would release them, they would within a month deliver the murderer to justice. Not more than a month after their release, an Indian went boldly into the town of Stamford, and made a murderous assault upon a woman in her house. Finding no man at home, he took up a lathing hammer, and approached her as though ha were about to put it into her hand ; but as she was stooping down to take her child from the cradle, he struck her upon the head; she fell instantly ; and he then struck her twice with the sharp part of the hammer, which penetrated her skull. Supposing her to be dead, he plundered the house, and made his escape, but soon after, the woman so far recovered as to describe the Indian, and his manner of dress. Her wounds, which at first appeared to be mortal, were finally healed ; but her brain was so affected, that she lost her reason At the same time, the Indians rose in those parts with the most tumultuous and hostile appearances. UNITED STATES. 667 They refust-d to come to the English, or to have any treaty with them; they appeared, in a very alarm- ing manner, about several of the plantations, firing their pieces, and exceedingly terrifying the inhabit- ants ; and they deserted their wigwams, and neg- lected to weed their corn. Most of the English judged it unsafe to travel by land, and some of the plantations were obliged to keep a strong guard and watch, night and day; and as they had not numbers sufficient to defend themselves, they made application to Hartford and New Haven for assist- ance ; which both sent aid to the weaker parts of their respective colonies. New Haven sent help to Fairfield and Stamford, as they were much nearer to them than to Connecticut. After a great deal of alarm and trouble, the In- dian, who had attempted the murder of the woman, was delivered up, and executed at New Haven. The executioner cut off his head with a falchion ; but from want of dexterity he gave the Indian eight blows before he effected the execution ; and the in- trepid savage sat erect and motionless until his head was severed from his body. Both the colonies of Connecticut and New Haven were put to great expense this year in defending themselves, and they were obliged to bear the whole charge, as the measures adopted for their defence, were taken by the order of their respective legisla- tures, and not by the direction of the commissioners. The unhappy divisions which continued at Wea- thersfield occasioned another settlement under the jurisdiction of New Haven. As Mr. Eaton, to whom Totoket had been granted, in 1640, had not performed the conditions of the grant, New Haven, for the accommodation of a number of people at AVeathersfield, made a sale of it to Mr. William Swain, and others of that town ; who sold it at the price which it cost them, stipulating with Mr. Swain and his company that they should unite with that colony in all the fundamental articles of govern- ment. The settlement of the town immediately commenced. At the same time, Mr. Abraham Pierson, with a part of his church and congregation, from Southampton, on Long Island, removed and united with the people of Weathersfield in the set- tlement of the town. A regular church was soon formed, and Mr. Pierson was chosen pastor. The town was named Branford. Mr. Swain was the principal planter, and a few years after was chosen one of the magistrates of the colony of New Haven, as he had previously been of the colony of Connecticut. The meeting of the commissioners this year was at Hartford. Mr. Simon Bradstreet and Mr. Wil- liam Hawthorne were commissioners from the Mas- sachusetts; Mr. Edward Winslow and Mr. William Brown, from Plymouth; Governor Hopkins and Mr. George Fenwick, from Connecticut; and Go- vernor Eaton and Mr. Thomas Gregson, from New Haven. No sooner was the meeting opened, than a pro- posal was made by the commissioners from Massa- chusetts, directed by their general court, that the commissioners from that colony should always have preference to the commissioners of the other colonies and be allowed to subscribe first, in the same order in which the articles of confederation had been signed Upon consideration of the proposal, the commis sioners were unanimously of the opinion, that no such thing had either been proposed, granted, or practised, by the commissioners of the other juris dictions, in any of their former meetings, though the articles had been subscribed in the presence o:~ the general court of the Massachusetts. They re- solved, that the commission was free, and might not receive any thing but what was expressed by the articles of confederation, as imposed by any general court. Nevertheless, they determined that on ac- count of their respect to the Massachusetts, they willingly granted that their commissioners in that and in all future meetings should subscribe first, after the president, and the commissioners of the other colonies in such order as they were named in the articles ; viz. Plymouth, Connecticut, and New laven. The Indians were this year almost every where roublesome, and in some places in a high state 01 tostility. In Virginia they generally rose, and made a most horrible massacre of the English ; and t was imagined that there was a general combina- ion among the southern and New England Indians o destroy all the colonies. The Narraganset In- iians, regardless of all their covenants with the English and with Uncas, continued in acts of con- tant hostility against the latter, and so oppressed he sachems and Indians under the protection of he Massachusetts, that they were obliged to dis- patch a party of men for their defence and assist- nce, in fortifying against these oppressors. The commissioners immediately sent Thomas Stanton, their interpreter, and Nathaniel Willet, nto the Narraganset and Moheagan countries, with >articular instructions to their respective sachems. They were instructed to acquaint the sachems, that he commissioners were then met at Hartford; and ;hat if they would appear and lay their respective grievances before them, they would judge impar- ially between them : that the commissioners had leard the report which they had spread abroad con- cerning Uncas, that he had taken a ransom, in part, ? or Miantonimoh, and afterwards had put him to death ; and that he refused to return the ransom. They were directed to assure them, that Uncas ut- terly denied the charge: that, nevertheless, if they ould go themselves, or send some of their principal men to Hartford, the commissioners would impar- ;ially hear this, and all other differences subsisting aetween them and the Moheagans, and assist them in the settlement of an amicable correspondence between the two nations ; and that the parties should tiave a safe passage to and from Hartford, without any injury from the English. According to their nstructions, they demanded of both parties? that they should commit nc acts of hostility against each other in their travels to Hartford, nor on their re- turn to their respective countries ; and that all hostilities against each other's plantations should cease during the hearing and treaty proposed. If either of the parties should refuse to go or send to Hartford, the treaty made in 1638 was to be urged against them, and their engagements not to go to war with each other until they had acquainted the English with their grievances, and taken their ad- vice. Directions were given that it should be de- manded of the party refusing, what their designs were ? Whether they were for peace or war ? Whether they designed to perform their treaties made with the English of Massachusetts and Con- necticut ? Or whether they considered them as all broken and void? The interpreter was charged fully to state ail these articles to the Indians, and, having taken their answers in writing, to read them to the sachems, that they might understand and acknowledge them to be the very answers which they bad given. THE HISTORY OF AMERICA. In consequence of this message, the Narraganset Indians sent one of their sachems, with other chief men, to prove their charge against Uncas, and to treat with the English. They also bound them- selves to confirm what their deputies should do in their name. Uncas also made his appearance, and the commissioners went into a full hearing of all differences between the parties. Upon heaving the case, the commissioners found that there never had been any agreement between the Narragansets and Uncas for the redemption of Miantonimoh, nor anything paid, in whole or in part, for his ran- som. 'Notwithstanding, they declared that if the Narragansets should hereafter be able to prove what they had alleged against Uncas, that they would order him to make full satisfaction. They also re- solved, that neither the Narragansets nor Nehan- ticks should make any war or assault upon Uncas, or any of his men, until thoy should make proof of the. pretended ransom, and thztt Uncas had refused to make them satisfaction. The Narraganset sachem and his counsellors, upon consultation together, stipulated, in behalf of the Narraganset and Nehantick Indians, that no hostility should be committed against Uncas, or any of his Indians, until after the next year's time of planting corn. They also covenanted, that before they began war they would give thirty days' notice, either to the governor of Massachusetts or Con- necticut. Thus, for the present, by the vigorous and prudent exertions of the colonies and their commissioners, an Indian war was prevented. Yoncho, Wiantanse, Moughmatow, and Weena- ganinim, sachems of Monhauset and its vicinity, on Long Island, with their companies, appeared before the commissioners, and represented that they anc the Long Island Indians had been tributaries to the English ever since the Pequot war, and tha they had never injured the English nor the Dutch but had been friendly to both. They therefore desired a certificate of their relation to the English and to be taken under the protection of the unitec colonies. Upon this representation, the commis sioners gave them a certificate, and declared tha it was their desire, while they continued peaceable and did not intermeddle with the quarrels of othe Indians, that they and their companies might enjoi ample peace, without any disturbance from the English, or any in connexion or friendship with them. In this meeting, the commissioners of Massachu setts laid claim to part of the Pequot country, or the footing of joint conquest ; and desired that a division of the country might be made, 01 some way prescribed, by which the affair might be com promised. Mr. Fenwick, in behalf of himself, and the noble men and gentlemen in England, particularly in terested in the lands in question, pleaded, tha nothing in their absence might be determinec against their title. He insisted that Pequot har bour, and the lands in the adjacent country, wer of great consequence to the gentlemen interested in the Connecticut patent; and said they had a specia respect to them, in their consultations, relative to a plantation in these parts. The commissioners judged that a convenien time ought to be given to those noble personages t< plead their right, and that all patents of equa authority ought to have the same construction, bot with reference to propriety and jurisdiction. The commissioners of Massachusetts also mad laim to Waianoke, now Westficld, as lying within he limits of their patent. Mr. Fenwiek, at tho ame time, claimed it as covered by the patent of Connecticut. However, as it appeared to the com- missioners that Mi-. Femvick hud promised, before his meeting, either to clear his title to Waranoke, r submit to the government of Massachusetts, they etermined that Waranoke, with Mr. Hopkins's rading-house, and the other houses and lands in hat plantation, should be under the jurisdiction of Massachusetts, until it should be made evident to rljich colony they belonged ; but that the propriety f the land should belong to the purchasers, pro- ided it should not exceed two thousand acres. The Reverend Mr. Shepard wrote to the commis- ioners, representing the necessity of further assist- ance for the support of scholars at Cambridge, whose parents were needy, and desired them to en- tourage a general contribution through the colonies. The commissioners approved the motion ; and, for ;he encouragement of literature, recommended it to .he general courts in the respective colonies, to take t into their consideration, and to give it general encouragement. The genera?! courts adopted the recommendation, and contributions of grain and irovisions were annually made, through the united colonies, for the charitable end proposed. At this meeting a plan was concerted by the commissioners for a general trade with the Indians, by a joint stock. It was proposed to begin the trade with a stock of five or six thousand pounds, and to increase it to twenty thousand or more ; and that each general court should approve and establish the trade, with peculiar privileges, for the term of twenty years : but it was never adopted. It seems it did not agree with the views of the general court of Massachusetts ; and this, notwithstanding the confederation, rendered all the determinations of the commissioners void, which were not agreeable to their views and interests. As the Indians were numerous, and began to learn the use of fire-arms, all trading with them, in any of the united colonies, in guns, ammunition, swords, or any warlike instruments, directly or in- directly, was prohibited, upon the penalty of a fine of twenty times the value of the articles thus unlaw- fully sold. It was also recommended to the several courts, to prohibit all vending of arms and ammu- nition to the French or Dutch, because they imme- diately disposed of them to the Indians; and every smith was forbidden to mend a gun or any warlike instrument for an Indian, under a severe penalty. Southampton, on Long Island, was, by the ad- vice of the commissioners, taken under the juris- diction of Connecticut. This town had been settled in 1640 ; by the inhabitants of Lynn, in Massachu- setts, who had become so straitened at home, that about the year 1639 they contracted with the agent of Lord Sterling for a tract of land on the west end of Long Island. They also made a treaty with the Indians, and began a settlement, but the Dutch gave them so much trouble, that they were obliged to desert it, and remove further eastward ; and they ultimately collected nearly a hundred families, and made a permanent settlement at Southamp- ton. By the advice of the general court of Massa- chusetts, they entered into a combination among themselves to maintain civil government; and a number of them regularly formed themselves into church state, before they removed to the island, and called Mr. Abraham Pierson, who had been a mi nister in Yorkshire, in England, to be their pastor. UNITED STATES. 669 Upon his arrival in New England, he became a member of the church at Boston, whence he was called to the work of the ministry at Southamp- ton. This year he removed with part of his church to Brantbrd ; as it seems that they were not pleased that the town had put itself under the jurisdiction of Connecticut. This year a committee, consisting of the go- vernor, deputy-governor, and several other gentle- men, were appointed by the general court of Con- necticut, to treat with George Fenwick, Esquire, relative to the purchase of Saybrook fort, and of all guns, buildings, and lands in the colony, which he, aud the lords and gentlemen interested in the patent of Connecticut, might claim. The next December they came to an agreement with Mr. Fenwick to the following effect : " Articles of agreement made and concluded betwixt George Fenwick, Esquire, of Saybrook fort, on the one part, and Edward Hopkins, John Haynes, John Mason, John Steele, and James Boosy, for, and on the behalf of the jurisdiction of Connecticut river, on the other part, the 5th of December, 1644. " The said George Fenwick, Esq. doth make over to the use and behoof of the jurisdiction of Connecticut river, to be enjoyed by them for ever, the fort at Saybrook, with the appurtenances : all the land upon the river Connecticut; and such lands as are yet undisposed of shall be ordered and given out by a committee of five, whereof George Fenwick, Esq. is always to be one. The said George Fenwick doth also promise, that all the lands from Narraganset river, to the fort of Say- brook, mentioned~in a patent granted by the Earl of Warwick, to certain nobles and gentlemen, shall fall in under the jurisdiction of Connecticut, if it come into his power." On the part of Connecticut it was stipulated, " That the said George Fenwick, Esq. should enjoy all the housing belonging to the fort for the space of ten years. And that a certain duty on corn, biscuit, beaver, and cattle, which should be exported from the river's mouth should be paid to him during the said term." Upon the 4th of February, 1645, the general court of Connecticut confirmed this agreement with Mr. Fenwick, and passed an act imposing a duty of two-pence per bushel upon all grain, six-pence upon every hundred weight of biscuit, and a small duty upon all beaver exported from the mouth of the river, during the term of ten years, from the first day of March ensuing. It was also enacted, that an entry should be made of all grain laden on board any vessel, of the number of bushels, and of the weight of biscuit, and that a note of the same be delivered to Mr. Fenwick, upon the penalty of forfeiting the one half of all such grain and biscuit as should be put on board and not thus certified. The colony, on the whole, paid Mr. Fenwick 1,600. sterling, merely for the jurisdiction right, or for the old patent of Connecticut. The general court, the next July, ordered that a tax of two hun- dred pounds should be levied on the plantations in the colony, to defray the charge of advancing the fortifications at Saybrook fort. A committee was appointed, at the same time, to bargain with Mr. Griffin for that purpose, and to make provision for the immediate completion of the fortifications in view. A letter was also dispatched from the court to Mr. Fenwick, desiring him, if his circumstances would permit, to make a voyage to England, to obtain an enlargement of the patent, and to pro- mote other interests of the colony. Notwithstanding the unwearied pains the com- missioners of the colonies, and the colonies them- selves, had taken to prevent hostilities among the Indians, and to preserve the peace of the country, the perfidious Narragansetswere continually waging war. Pessacus and the Narraganset Indians, in violation of all their treaties, had repeatedly in- vaded the Moheagan country and assaulted Uncas in his fort. They had killed and taken numbers of his men, and so pressed him, that both Connecticut and New Haven were obliged to dispatch parties of men to his assistance, to prevent the enemy from completely conquering him and his country. Governor Winthrop therefore called a special meeting of the commissioners, at Boston, on the 28th of June, 1645. Governor Winthrop and Mr. Herbert Pelham were commissioners for Massa- chusetts, Mr. Thomas Prince and Mr. John Brown for Plymouth, Edward Hopkins and George Fen- wick, Esquires, for Connecticut, Governor Eaton and Mr. Stephen Goodyear for New Haven. Immediately on the meeting of the commissioners, they dispatched messengers into .the Narraganset and Moheagan countries ; who were charged to ac- quaint the sachems and Indians of the respective tribes, that if they would go to Boston the commis- sioners would impartially hear and determine all their differences ; and that, however the treaty might end, they should be allowed to go and return in safety. The sachems, at first, seemed to give some fair speeches, but finally determined that they would neither go nor send to Boston. The Narra- gansets insulted and abused the messengers, and uttered threats against the English. One of the sachems declared that he would kill their cattle and pile them in heaps ; and that an Englishman should no sooner step out at his doors than the Indians would kill him. He declared that whoever began the war, he would continue it ; and that nothing should satisfy him but the head of Uncas ; and the messengers were obliged to return without effecting any good purpose. Mr. Williams, of Rhode Island, wrote to the commissioners, assuring them that an Indian war would soon break out; and that, as a preparative, the Narragausets had concluded a neu- trality with Providence and the towns upon Aquid- ney Island. These reports roused the English ; and the com- missioners, considering that the Narragansets had violated all their treaties 3 and highly insulted the united colonies and abused their messengers, deter- mined that an immediate war with them was both justifiable and necessary. However, as they wished to act with prudence as well as spirit, and to give general satisfaction in an affair of such moment, they desired the advice of the magistrates, elders, and a number of the prin- cipal military officers in the Massachusetts. These assembled, and were unanimously of the opinion, that their engagements obliged them to defend Uncas and the Moheagans : that the defence which they were obliged to give, according to the common acceptation of such engagements, extended not barely to the defence of Uncas and his men in their fort, but to his estate and liberties ; and that the aid to be given must be immediate, or he would be totally ruined. It was therefore determined that a war with the Indians was just, that the case should be stated in short, and war, with the reasons of it, be pro- 70 THE HISTORY OF AMERICA. claimed. A day of fasting and prayer was appoint- ed on the 4th of September ; and it was resolved, that 300 men should be forthwith raised, and sent against the enemy. Massachusetts were to furnish 190, Plymouth and Connecticut 40 each, and New Haven 30. As the troops from Connecticut and New Haven, who had assisted in defending Uncas, the former part of the summer, were about to re- turn to their respective colonies, 40 men were im- pressed in the Massachusetts, and marched in three days, completely armed and victualled. These were commanded by Humphry Atherton. Orders were dispatched to the troops to be raised in Connecticut and New Haven, to join them at Moheagan. A commission was forwarded to Captain Mason to take the command of all the troops, until the whole army should form a junction. The chief command of the army was given to Major Edward Gibbons, of Massachusetts. He was instructed not only to defend Uncas, but to invade and distress the Narra- gansets and Nehan ticks, with their confederates. He had instructions to offer them peace ; and if they would receive it upou honourable terms, he, with his officers, had power to make a treaty with them. If they would neither fight nor make peace, the commander had orders to build forts in the Ne- hantick and Narraganset country; to which he might gather the enemy's corn and goods, as far as it should be in his power. The Narragansets had sent a present to Governor Winthrop, of Boston, desiring that they might have peace with the English, but wage war with Uncas, and avenge the death of Miantonimoh. The go- vernor refused to receive the present upon such terms ; but the messengers, by whom it was carried, urging that they might leave it until they could consult their sachems, he suffered it to be left with him. The commissioners ordered, that it should be immediately returned ; and Captain Hurding, Mr. Wilbore, and Benedict Arnold, were sent into the Narraganset country, to return the present, and to assure Pessacus, Canonicus, Janimo, and the other sachems of the Narraganset and Nehantick Indians, that they would neither receive their presents, nor give them peace, until they should make satisfac- tion for past injuries, and give security for their quiet conduct for the future. They were to inform the Indians that the English were ready for war, and that if war was their choice they would direct their affairs for that purpose ; and at the same time they had orders to assure them, that if they would make satisfaction for the damages which they had done, and give security for their peaceable conduct in time to come, they should know that the English were as desirous of the peace, and as tender of the blood of the Narragausets, as they had ever been. The messengers prosecuted their journey with great dispatch, and brought back word that Pessa- cus, chief sachem of the Narragansets, and others, were coming to Boston forthwith, vested with full powers to treat with the commissioners. The mes- sengers, though sent on purpose to carry back the present, and to assure the Indians that the English would not receive it, returned with it to Boston. They also wrote to Captain Mason, acquainting him that there were hopes of peace with the Indians. The commissioners, therefore, while they acknow- ledged the pains and expedition with which they had accomplished their journey, censured them for not attending to their instructions. Especially, they judged them worthy of censure for bringing back the present, and for writing to Captain Mason. The latter, they imagined, could have no other effect than to retard his operations. The Indians finding that an army was coming into the heart of their country, made haste to meet the commissioners, and ward off the impending blow. A few days after the return of their messengers, Pessacus, Meeksamo, the eldest son of Canonicus, and Wytowash, three principal sachems of the Nar- ragansets, and Awashequen, deputy of the Nehan- ticks, with a large train, arrived at Boston. They at first denied and excused many particu- lars which the commissioners charged upon them. They insisted on the old story of the ransom', and proposed to make a truce with Uncas, until the next planting time, or for a year. The commis- sioners assured them, that matters were now come to a crisis, and that they would accept of no such terms. They charged the Indian sachems with their perfidious breach of treaties, with the injuries they had done to Uncas, with their insults to the English, and with the great trouble and expense to which they had put them, to defend Uncas and maintain the peace of the country. The Indians finally, though with great reluctance, acknowledged their breach of treaties ; and one of the sachems pre- sented the commissioners with a stick, signifying by that token that he submitted the terms of war and peace into their hands, and wished to know what they required of the Indians. The commissioners represented to them, that the charge and trouble which they had brought on the colonies was very great, besides all the loss and damages which Uncas had sustained. They charged all these upon their infraction of the treaties which they had made with the colonies, and with Uncas. They assured the Indians, that though two thousand fathom of white wampum would by no means be equal to the expense to which they had put the colonies, entirely by their violation of their treaties; yet, to show their moderation, they would accept of that sum for all past damages. It was required that they should restore to Uncas all the captives and canoes which they had taken from him; that they should submit all matters of controversy be- tween them and Uncas to the commissioners at their next meeting; and that they should maintain perpetual peace with the English, and all their sub- jects and allies. Finally, hostages were demanded as a security for the performance of the treaty. These, indeed, were hard terms. The Indians made many exceptions to them ; but as they knew the English were gone into their country, and were fearful that hostilities would be commenced, even while the treaty was pending, they submitted to them. Some abatement was made as to the times of payment at first proposed, and it was agreed that Uncas should restore to the Narragansets all cap- tives and canoes which he had taken from them. This gave the Narragansets and Nehanticks some ease ; but it was with great reluctance that they finally signed the articles. On the 30th of August the articles were signed, and the Indians left several of their number, as hostages, until the children, who had been agreed upon for a permanent security, should be delivered. The troops which had been raised were disbanded, and the day appointed for a general fast was cele- brated as a day of general thanksgiving. New Haven, this year, appointed Mr. Gregson their agent to the parliament in England, to procure a patent for the colony. The court at New Haven voted that it was a proper time to join with Con- UNITED STATES. 671 necticut, iu procuring a patent from parliament for these parts. It appears that both Connecticut and New Haven, at this time, had it in contempla- tion to obtain charters from parliament for their respective jurisdictions; but Mr. Fenwick, who had been desired to undertake a voyage for this purpose, in behalf of Connecticut, did not accept the appointment, and Mr. Gregson was lost at sea. In consequence of these circumstances, and the state of affairs in England afterwards, the business rested until after the restoration. This year Tunxis was named Farmington. At this time there were in the colony of Connecticut eight taxable towns ; Hartford, Windsor, Weathers- field, Stratford, Fairfield, Saybrook, Southamp- ton, and Farmington. In the colony of New Haven were six; New Haven, Milford, Guilford, South- hold, Stamford, and Branford. In 1646 there was an alteration in the act re- specting juries. In 16 14, an act had passed autho- rizing the court of magistrates to increase or miti- gate the damages given by verdict of the jury. It was now enacted, that whatever alterations should be made of this kind, at any time, should be made in open court, in the presence both of the plaintiff and defendant, or upon affidavit made, that they had been summoned to appear. At this court the town of Fairfield made objections to that part of the act passed in 1644, which ad- mitted of a jury of six. They insisted on twelve jurymen in all cases triable by a jury ; but con- sented, that eight out of twelve should bring in a verdict. It does not appear that a jury of six was ever empannelled after this time. The laws were soon after revised, and ordained a jury of twelve in all cases which required a jury. The commissioners of the united colonies met this year at New Haven. The Dutch continuing their injurious conduct against the English, com- plaints were made to the commissioners of the re- cent and repeated insults and damages which they had received from them. Instead of making them the least satisfaction for past injuries, they pro- ceeded to new instances of insolence and abuse. Kieft wrote a most imperious letter to Governor Eaton, charging him and the people at New Haven with an insatiable desire of possessing that which belonged to the Dutch nation. He affirmed, that contrary to ancient league?, between the kings of England and the States General, contrary to the law of nations, and his protestations, they had indi- rectly entered upon the limits of New Netherlands. He therefore protested against them, as breakers of the peace and disturbers of the public tranquillity. Indeed he proceeded so far as to threaten, that if the English at New Haven did not restore the places which they had usurped, and repair the losses which the Dutch had sustained, that they would, by such means as God should afford, recover them. He affirmed that the Dutch would not view it as inconsistent with the public peace, but should impute all the evils which might ensue, to the English. Governor Eaton replied to this letter, that the colony under his government had never entered upon any land to which the Dutch had any known title : that, notwithstanding all the injuries received from the Dutch, and the very unsatisfying answers which their governor had given from time to time, the colony, in his apprehensions, had done nothing inconsistent with the law of God, the law of nations, nor with the ancient leagues subsisting between England and Holland. He therefore assured him, that the colony would cheerfully submit all differ, ences, between them and the Dutch, to an impartial hearing and adjudication, either in Europe or America. The Dutch at Hartford maintained a distinct and independent govepnment. They resisted the laws of the colony, and counteracted the natural rights of men. They inveigled an Indian woman who, having been liable to public punishment, fled from her master ; and though her master demanded her as his property, and the magistrates, as a crimi- nal, on whom the law ought to have its course, yet they would not restore her. The Dutch agent at Hartford resisted the guard ; drew his rapier upon the soldiers, and broke it upon their arms. Ho then escaped to the fort, and there defended him- self with impunity. The commissioners of Connecticut and NewHaven made complaint of these insults and misdemeanors to the commissioners of the united colonies, and laid open the whole conduct of the Dutch towards them. They represented, that in answer to their complaints of past injuries, they had, instead of satisfaction, received nothing but injury and abuse. The commissioners, upon a deliberate view of the case, wrote to the Dutch governor, stating how they had written to him from time to time ; and, in consideration of the great necessity for peace, had attempted to compromise the differences which had so long subsisted between the Dutch and their con- federates. They observed to the governor, that ho had returned nothing but an ignoramus, with an offensive addition, which they left to his review and better consideration. They stated the affair at Hartford, and observed, that had the Dutch agent been slain, in the insolent affront which he had given, his blood would have been upon his own head. They assured him, that his agent and the company at Hartford had proceeded to an intoler- able state of conduct : that they had forcibly taken, away their cattle from authority, and made an as- sault upon a man who had legally sought justice for damages which he had sustained : that they struck him, and in a hostile manner took his team and loading from him. The commissioners noticed the letter of the Dutch governor to the colony of New Haven, and manifested their approbation of the answer which Governor Eaton had given. They expressed their hopes that it would give satisfaction; and concluded by observing, that to prevent all inconveniences which might arise from any part of the proceedings, they had sent an express, by whom they wished to receive such an answer as might satisfy them of his concurrence with them, to em- brace and pursue righteousness and peace. Several of the English who had traded with tho Dutch, had not been able to recover their just debts, and Governor Kieft would not afford them that as- sistance which was necessary for the obtaining of justice. Mr. Whiting, of Connecticut, complained that an action had been carried against him at Manhatoes in his absence, and when he had no agent to exhibit his evidence, or plead his cause; and also, that upon demanding a just debt, long since due frorn the Dutch, the governor neglected to give him that assistance which was necessary for the recovery of his right. The commissioners wrote also to Governor Kieft on this subject; desiring him to grant Mr. Whiting a review in the case specified, and proper assistance in the recovery of his debts from the Dutch; and 672 THE HISTORY OF AMERICA. assured him, that all the colonies would grant simi- jar favours to the Dutch in all their courts. By their express, the commissioners received two jetters from the Dutch governor, in answer to what they had written, couched in the same offensive strain as the former letters. He denied that the woman who had been detained by the Dutch at Hartford, was a servant, with many other facts which had been stated by the commissioners : and instead of submitting the affairs in dispute to a fcgal decision, either in Europe or America, he still threatened to avenge the injuries of which he complained, by force of arms. With respect to other matters of special importance, he passed them without the least notice. He compared the com- missioners to eagles which soar aloft, and always despise the little fly ; but he assured them, that the Dutch by their arms would manfully pursue their rights. He then finished his letters in this remark- able manner : " We protest against all you com- missioners, met at the Red Mount,as against break- ers of the common league, and also infringers of the rights of the lords, the states, our superiors, in that you have dared, without our express and special consent, to hold your general meeting; within the limits of New Netherlands." The Dutch called New Haven the Red Mount, and the Red Hills, from the appearance of the rocks west and north of the town. The commissioners made a short reply, assuring the Dutch governor, that they could prove the facts which they had stated to him in their letters ; and that the woman whom the Dutch had detained, was a servant, and an important part of her master's property ; that she had fled from civil justice, and, by the confession of Mr. David Provost, Dutch agent at Hartford, had been defiled. They insisted that the conduct of the Dutch at Hartford was in- tolerable, and complained that he had given no orders, to redress the grievances which they had mentioned. They also complained that he had made no reply to so many important articles, con- cerning which they had written to him. With re- jpect to the protest, with which he had closed his tetter, they observed that though it was offensive, yet it agreed with the general strain of his writing; and that he had no more reason to protest against their boldness in holding their session at New Ha- ven, than they had to protest against his boldness in the protest which he had sent them. This year a plot was concerted among the In- dians, for the destruction of a number of the prin- cipal inhabitants of Hartford. Sequassen, a petty sachem upon the river, hired one of the Waronoke Indians to kill Governor Hopkins and Governor Haynes, with Mr. Whiting, one of the magistrates. Sequassen's hatred of Uncas was insatiable, and probably was directed against these gentlemen on account of the just and faithful protection which ihey had afforded him. The plan was, that the Waranoke Indian should kill them, and charge the murder upon Uncas, and by that means engage the English against him to his ruin. After the massa- cre of these gentlemen, Sequassen and the mur- derer were to make their escape to the Mohawks. Watohibrough, the Indian hired to perpetrate the murder, after he had received several girdles of wampum as part of his reward, considering how j Bushheag, the Indian who attempted to kill the ; woman at Stamford, had been apprehended and ex- j ecuted at New Haven, conceived that it would be j dangerous to murder English sachems : he also re i volved in his mind, that if the English should not apprehend and kill him, he should always be afraid of them, and have no comfort in his life ; and also recollected, that the English gave a reward to the Indians who discovered and brought in Bushheag. He therefore determined, it would be better to dis- cover the plot than to be guilty of so dangerous an action; and he came to Hartford a few days after he had received the girdles, and discovered the plot. Nearly at the same time the Waranoke Indians did much damage to the people at Windsor, burning up their tar and turpentine, and destroying their tools and instruments to the value of 100/. or more. The magistrates at Hartford issued a warrant, and ap- prehended the Indian whom they supposed to be guilty; but the Indians rose and made an assault upon the officers, and rescued him. Upon complaint and evidence of these misde- meanors, the commissioners sent messengers to Sequassen, demanding his appearance at New Haven, and they ordered that if he would not vo- luntarily appear, all means consistent with the pre- servation of his life should be used to take him. Messengers were also sent to Waranoke to the Indians who had done the mishief at Windsor, with orders to seize the delinquents, and bring them off, if they judged they could do it with safety ; but Sequassen had art enough to keep out of their hands, and those who had done the damage could not be found. The messengers were insulted, and the Indians boasted of their arms, primed and cocked their pieces in their presence, and threat- ened that if a man should be carried away, they would all rise. The commissioners, on the whole, judged it not expedient, in the state in which the Indians then were, to proceed any further than to resolve, that if any Indian or Indians, of what plantation soever, should do any damage to the English colonies, or to any of their inhabitants, that upon due proof of it, they would, in a peaceable manner, demand satis- faction. But if any sagamore, or plantation of Indians, should hide, convey away, entertain, or protect such offender or offenders, that then the English would demand satisfaction of such Indian sagamore or plantation, and do themselves justice, as they might upon all such offenders. At the same time they declared that they would keep peace and amity with all other Indians. This reso- lution was to be made known to the Waranoke Indians in particular. The Indians, at particular times, were very mis- chievous, and gave much trouble to all the planta- tions. Some time after the settlement at Milford, the Indians set all the adjacent country on fire ; and it was supposed that their design was to burn the town : but the inhabitants were so fortunate as to stop the fires at the swamps and brooks which surround it on the west and north, by which means the town was preserved. The Mohawks, though not hostile to the English, by coming down and murdering the Connecticut Indians, put the plantations in fear, and gave them not a little trouble. Some years after the settle- ment of Milford, they came into the town, and secreted themselves in a swamp, about half a mile east of Stratford ferry, with a view to surprise the Indians at the fort. The English accidentally dis- covering them, gave notice of it to the Milford In- dians : who set up the war whoop, and collected such numbers that they ventured to attack them ; and the Mohawks were overpowered, and several of UNITED STATES. 673 them taken. One stout captive the Milfo'rd In- dians determined to kiil by famine and torture; and they therefore stripped him naked and tied him up in the salt meadows, for the musquitoes to torment, and hunger to destroy him. An English- man, one Hine, finding him in this pitiable condi- tion, loosed and fed him, and enabled him to make his escape; which humane action very much con- ciliated the Mohawks towards the English, and es- pecially towards the family of the Hines, whom, it is said, they ever afterwards particularly noticed, and treated with uncommon friendship. The Narraganset and Nehantick Indians neg- lected to perform ;my part of the treaty which they had made the last year. They neither paid the wampum stipulated, nor met the commissioners at New Haven, to settle the dirFereiv.-es between them and Uncas ; nor restored the captives nor canoes taken from him, nor made him any compensation for the damages which thoy had done him. They had attempted to deceive the English with respect to the hostages ; and instead of the children of their sachems and chief men, whom they agreed to de- liver, they made an attempt to impose upon them children of the lowest rank ; and even to this time they had not brought those whom they had pro- mised. They were still intriguing with the Mo- hawks, and by presents and various arts attempting to engage them against the English colonies. The commissioners judged that they had just occasion to avenge the injuries which they had received, and to seek a recompense by force of arms. How- ever, that they might show their love of peace, and their forbearance towards these barbarians, they dispatched another message to them ; in which a full representation was made of the.se particulars; and they were assured that the commissioners were apprised of their intrigues, an;l that in the eyes of all the colonies they had rendered themselves a perfidious people. The war between the Dutch and Indians con- tinuing, a great and general battle: was fought be- tween them in that part of Horseneck commonly known by the name of Strickland's plain. The action was long and severe, both parties fighting with firmness and obstinacy. The Dutch, with much difficulty, kept the field, and the Indians wi;h- drew. Great numbers were slain on both sides, and the graves of tiie dead, for a century or more, ap- peared like a number of small hills. The New Haven colon ista having been disappoint- ed in trade, and having sustained great damages at Delaware, and the Lirgo estates which they brought into New England vapidly dec-lining this year, made uncommon exertions to retrieve their former losses. Combining their money and labours, they built a ship at Rhode Island of 150 tons, and freighted her for England with the best part of their commercial estates ; and Mr. Gregson, Captain Turner, Mr. Lamberton, and five or six of their principal men embarked on board. They sailed from New Haven in January, 1647 ; and were obliged to cut through the ice to get out of the harbour : the ship founder- ed at sea, and was never heard of after she sailed. This, with the former losses which the company had sustained, broke up all their expectations with re- spect to trade ; and as they conceived themselves disadvantageous!} 7 situated for husbandry, they adopted the design of leaving the country. They were invited to Jamaica, in the West Indies ; and also to Ireland : where they entered into treaties for the city of Galloway, which they designed to have HIST. OF AMER. Nos. 85 86 settled as a small province for themselves. Never- theless they were disappointed with respect to all these designs ; and their posterity, whom they feared would be reduced to beggary, became ultimately respectable landholders, and flourished no less than. their neighbours. (1647.) At the election, this year, at Hartford, nine magistrates were chosen. Mr. Cosmore and Mr. Howe were elected for the first time. The other magistrates were the same as in the preceding years. At this session of the general court, an explana- tion or addition was made to the tenth fundamental article. By this article, as it stood, it was the opinion of some, that no particular court could be holden unless the governor and four magistrates were present. It was therefore decreed, that the governor or deputy-governor, with two magistrates, should have power to keep a particular court, ac- cording to the laws established; and, that in case neither the governor, nor deputy-governor, should be present, or able to sit, if three magistrates should meet and choose one of themselves moderator, they might keep a particular court, which to all intents and purposes should be deemed as legal as if the governor or deputy-governor were present. All orders contrary to this were repealed. As tobacco, about this time, was coming into use in the colony, a yery curious law was made for its regulation or suppression, by which it was ordered, that no person under twenty years of age, nor any other, who had not already accustomed himself to the use of it, should take any tobacco until he had obtained a certificate from under the hand of an approved physician that it was useful for him, and until he had also obtained a licence from the court. All others, who had addicted themselves to the use of it, were prohibited from taking it in any com- pany, or at their labours, or in travelling, unless ten miles at least from any company ; and though not in company, not more than once a day, upon pain of a fine of six-pence for every such offence. One substantial witness was to be a sufficient proof of the crime. The constables of the several towns were to make presentment to the particular courts, and it was ordered that the fine should be paid without gainsaying. At a court in June, it was ordered, that the fort and guns at Saybrook should be delivered to Cap- tain John Mason, and that he should give Mr. Fen- wick a receipt for the premises. At the desire of the people there, Captain Mason was appointed to the chief command of the fort, and was authorized to govern all the soldiers and inhabitants of the town ; and to call them forth and put them in such array as might be necessary for the general defence of the country. Orders were given that the fortifi- cations should be repaired, and that the country rate of Saybrook should be appropriated to that purpose. This court granted to the soldiers of the respective train-bands in the colony the privilege of choosing their own officers, to be commissioned by the court. The conduct of the Narraganset and Nehantick Indians was so treacherous and hostile, that at Midsummer an extraordinary meeting of the com- missioners was called at Boston. The commission- ers were, Thomas Dudley and John Endicot, Esquires, from Massachusetts ; Mr. William Brad- ford and Mr. John Brown, from Plymouth ; Gover- nor Hopkins and Captain John Mason, from Con- necticut; Governor Eaton and Mr. Goodyear, from New Haven. Thomas Dudley was chosen pre- sident. 3Q 674 THE HISTORY OF AMERICA. The Narraganset and Nehantick Indians had not only neglected the performance of every part of their treatier, vith the English, but were, by all their arts, plotting against them. By their wam- pum they were hiring all the Indian nations round about them to combine against the colonies; and had sent messengers and presents to the Mohawks, to engage them in the general confederacy. As this faithless conduct was the occasion of the meeting, the commissioner's immediately dispatched messen- gers to Pessacus, Ninigrate, Webetomaug, and all their confederates, to declare to them their breach of covenant, and to demand their attendance at Boston. The messengers were instructed to assure them, that if they did not appear, they would send to them no more. Pessacus owned that he had broken covenant, and said it was the constant grief of his spirit. He pretended he would gladly go to Boston, but he was unwell, and could not travel. This was a mere pretence, as there was no appear- ance of indisposition upon him. He excused himself for not keeping the treaty, because he was frightened into it by the sight of the English army, which was about to invade his country ; and he represented that he was in fear if he did not make it, the English would follow him home and kill him. He declared, however, that he would send his whole mind by Ninigrate, and that he would abide by whatever he should transact in the affair. On the 3d of August, Ninigrate, with two of Pessacus's men, and a number of the Nehantick Indians, arrived at Boston. When Ninigrate came before the commissioners, he pretended great igno- rance of the treaties between the English and the Indians. He declared that he knew no cause why the Narragansets should pay so much wampum. He said they owed nothing to the English. The com- missioners acquainted him, that it was on account of their breach of treaty, and the great charge which by that means they had brought on the colpnies, that the Narragansets engaged to pay such a quantity. Well knowing his deceit, they charged him as being the very man who had been the principal cause of all their trouble and expense, relative to the Indians. They declared to him that he was the sachem who had threatened to pile their cattle in heaps, and to kill every Englishman who should step out at his doors. At so home a charge, which he could not deny, he was not a lit- tle chagrined. However, he excused the matter with as much art as possible. With respect to the wampum, he declared that the Narragansets had not a sufficiency to pay the sum required. The com- missioners replied that the Narragansets were a great nation, and that they could at any time, upon short notice, pay a greater amount than they de- manded. They considered it a matter of policy, as far as was consistent with justice, to strip them of their wampum, to prevent their hiring the Mo- hawks, and other Indians to join with them in a general war against the colonies ; and therefore insisted that the whole sum should be paid. Nini- grate, after he had taken time to consult with his council, the other deputies who were with him, answered that he was determined to give the colo- nies full satisfaction ; and desired ten days to send messengers to Narraganset, to collect the wampum due, and offered himself a hostage until their re- turn. The messengers returned with no more than two hundred fathoms. Ninigrate imputed this to his absence ; and begged for liberty to return, pro- mising that if the whole sum should not be paid by the next spring, the commissioners might take his head, and seize his country. The commissioners agreed with him, that if within twenty days he would deliver a thousand fathoms of wampum, and the remainder which was due by the next planting time, they would dismiss him. They also, for his encouragement, acquainted him, that although they might justly put the hostages to death for their de- lays and breach of covenant, yet they would forth- with deliver them to him ; and if they should find him punctual to his engagements, they would charge former defects to Pessacus. These terms he gladly accepted. The commissioners from Connecticut, the last year, made complaint that Mr. Pyncheon and the inhabitants at Springfield refused to pay the impost which had been imposed by Connecticut for the maintenance of the fort at Saybrook. The com- missioners judged that the fort was of great conse- quence to the towns on the river ; but as the affair of the impost had not been laid before the general court of Massachusetts, and as the commissioners of that colony had no instructions respecting it, a full hearing had been deferred to this meeting. Meanwhile, the general court of the Massachu- setts had taken up the affair, and passed a number of resolutions respecting the impost. These are a curiosity, exhibiting a lively picture of human na- :ure, and, in the course of conduct consequent upon ;hem, will afford a general specimen of the manner in which the Massachusetts anciently treated her sister colonies. The resolutions were at this meet- ng laid before the commissioners, and were to the following effect. 1. That the jurisdiction at Hartford had not a legal power to force any inhabitant of another juris- diction to purchase any fort or lands out of their jurisdiction. 2. That it was injurious to require custom for the maintenance of a fort which is not useful to those of whom it was demanded. 3. That it was unequal for Connecticut to impose a custom upon their friends and confederates, who have no more benefit of the river, by the exporting or importing of goods, than strangers of another nation, who, though they lived in Hartford, paid none. 4. That the propounding and standing upon an imposition of custom, to be paid at the river's mouth, by such as were of our jurisdiction, hindered our confederation ten years, and there was never any paid to this day ; and that now to impose it upon them, after their confederation, would put them upon new thoughts. 5. That it appeared to them very hard that any of their jurisdiction should be forced to such a dis- advantage as would necessarily enslave their pos- terity, by imposing such rates and customs, as would either constrain them to depart from their habitations, or weaken their estates ; especially as they were with the first who took possession of the river, and were at great charge of building, &c which if they had foreseen they would not have made a plantation at that place. 6. If Hartford jurisdiction shall make use of their power over any of ours, we have the same power to imitate them in the like kind, which they desired might be forborne on both sides These re- solutions were signed by the secretary of the colony Mr. Hopkins replied in behalf of Connecticut, that the first article laboured under a great mistake UNITED STATES, 675 that the imposition was neither to buy lands nor th fort. He observed also, that it was not material t what purpose an impost was applied if it were lawfu in itself, and did not exceed the bounds of modera tion. With respect to the second article, he sai that it impeached all states and nations of injustic no less than Connecticut ; that their practice in a] similar cases warranted the impost. He urge( that for twelve years the fort at Saybrook had been of special service to Springfield ; and that it was s still, and might be for a number of years to come He therefore insisted that it was strictly just tha the inhabitants of that town should pay the impost He said he was willing to risk the case and have i decided on the principles of strict justice. Tin third article he observed was a mere presumption and had no just foundation ; besides, if it wen founded, he argued that the comparison was no equal. The whole of the fourth article he said wa: a mistake ; that the confederation was completed h about five years from the first mentioning of it, am that it was not retarded by the means suggested nor were they ever mentioned. With reference tf the fifth article, he replied, that all taxes weakenei states, and if this v.ere aground of objection agains the impost, then no tax or impost could ever b< laid. He insisted that the impost was just anc moderate, and therefore could not enslave the in- habitants of Springfield. The towns in Connecticut he observed, were settled before Springfield, and that town had been at no expense in making settle- ments more than the towns in Connecticut. He said if Connecticut at any time should become ex- orbitant in its impositions upon any of the colonies, they would find a remedy in the confederation. With reference to the last article, he declared his willing- ness in all similar cases to submit to the like im- position. The commissioners upon a full hearing, deter- mined that it was of weighty consideration to all the plantations upon the river, that thn mouth of it should be secured, and a safe passage for goods up and down the river be maintained, though at some expense ; and, that as Springfield enjoyed the be- nefit, the inhabitants should pay the impost of two- pence per bushel for corn, and a penny on the pound for beaver, or twenty shillings upon every hogshead. Nevertheless, out of respect and tender- ness to the Massachusetts, it was resolved that Springfield, or the general court, might have the liberty of exhibiting further reasons against the im- post if any should occur. At this meeting, Mr. John Winthrop, of Pequot, laid claim to the whole country of the western Ne- hanticks, including a considerable part of the town of Lyme. He represented that he obtained the title to this large tract partly by purchase, and partly by deed of gift, before the Pequot war. He petitioned the commissioners to this effect -."Whereas I had the land at Nehantick by deed of gift and purchase from the sachem before the Pequot war, I desire the commissioners would confirm it unto me, and clear it of all claims of English and In- dians, according to the equity of the case." As he had no deed nor writing respecting the land, he produced the testimony of three Nehantick Indians ; who testified that before the Pequot war, Sashions, their sachem, called all his men together, and told them that he was determined to give his country to the governor's son, who lived at Pattaquassetj or Pamaquasset, (Saybrook,) and that his men gave their consent; that afterwards he went to Mr. Win- throp, at Pattaquasset, and when he came back* said that he had granted all his country to the go- vernor's son ; and also, that he had received coats for it, which they saw him bring home. Three En- glishmen also testified that they had heard the In- dians report the same concerning the grant of the Nehantick or Neanticut country to Mr. Winthrop. Thomas Stanton deposed, that he remembered Sa- shions, sachem of the Nehanticks, did give his country to Mr. John Winthrop, before the Pequot war, and that he was interpreter in that business. The commissioners of Connecticut pleaded against the claim of Mr. Winthrop, that his purchase bore no date ; that the tract pretended to be purchased or given was not circumscribed within any limits ; and that it did not appear that the Indian who granted the lands had any right in them; that the grant was verbal, and at most could be but a vague business. They also urged that it did not appear but. that Mr. Winthrop purchased the lands for the noblemen and gentlemen, in whose service he was at that time employed ; and that as the lands had been conquered at the hazard and expense of Connecticut before Mr. Winthrop made known his claim, whatever it was, it was then dormant, and of no validity. They further insisted, that, as they were not prepared to give a full answer, no decision might be made until Connecticut should be fully heard with respect to the premises. The commissioners declined any decision of the controversy ; but it does not appear that Mr. Win- Lhrop ever after prosecuted his claim. As it seems Mr. Winthrop about this time had a design of pur- hasing Long Island, the commissioners took occa- ion to inform him, that the Island was already under engagements for considerable sums of money ;o a number of persons in Connecticut and New Haven ; and represented that any title which might be derived from Mr. Cope, would be very >recarious, as he had confessed a short time before lis death. The commissioners this year brought in the num- )er of polls in the several colonies, and made a set- lement of their accounts. The whole expenditure >f the confederates was 1043J. 10s. There was due o Connecticut 155/. 17s. Id. which the colony had expended in the general defence, more than its pro- >ortion; and New Haven had expended 71. more han its proportion. This was exclusive of all the expense which these two colonies had borne in de- ending themselves against the Indians at Stamford md its vicinity, and in attempting to bring the murderers of the English to condign punishment. Massachusetts and Plymouth paid the balance to Connecticut and New Haven. Peter Stuyvesant, who the last year had been ppointcd governor of New Netherlands, arrived his year at Manhadoes, and commenced his go- ernment of the Dutch settlements. The commis- ioners wrote him a long letter of congratulation ; ut complained that the Dutch sold arms and am- lunition to the Indians, and even in the English lantations ; and desired that an immediate stop might be put to so dangerous a trade. They made omplaint also that the Dutch had laid so severe n impost upon all goods, as greatly discouraged rading with them, while all the harbours in the n'tcd colonies were open and free to them. This winter the fort and buildings at Saybrook [accountably took fire, and, with some goods, were estroyed. The damage was estimated at more an a thousand nonnds. 3Q2 676 THE HISTORY OP AMERICA. Settlement of New London Salaries first granted to civil (ifficers Troubles with the Narragansvt In- dians Rhode Island petitions to be united iviih the colonies in confederation The Massachusetts re- sume the affair of the impost Mr. Westerhouse com- plains of the seizure of his vessel by the Dutch, in the harbour of New Haven Murders committed by the Indians; resolutions respecting the murderers Body of laws compiled Debates relative to the set- tlement of Delaware The Pequots revolt from Uncas, and petition the English Resolution re- specting them Mr. Westerhouse petitions to make reprisals from the Dutch Letter to the Dutch go- vernor Further altercations respecting the impost -Final issue of that affair The conduct of the Massachusetts upon its decision, and the declaration of the commissioners respecting it Their treatment of Connecticut respecting the line between the colo- nies TJie court of Connecticut determine to avenge the death of John Whitmore. (16 18.) The last year several persons had begun settlements at Pequot harbour, where lots had been laid out for them, but part of them were soon dis- couraged and left the plantation. This year Mr. Richard Blinman, who had been a minister in Eng- land, removed from Gloucester to this new setttle- ment ; in consequence of which a considerable ad- dition was made to the number who had kept their station ; and by the next year there was such an accession, that the inhabitants consisted of more than forty families. Some of the principal men were John Winthrop, Esq., the Rev. Mr. Blinman, Thomas Minot, Samuel Lothrop, Robert Allyn, and James Avery. For their encouragement, the gene- ral court granted them a three years' exemption from all colonial taxation. Mr. Winthrop was authorized to superintend the affairs of the plantation. The next year a court was appointed for the trial of small causes ; the judges of which were Mr. Win- throp, Thomas Minot, and Samuel Lothrop. The Indian name of the place was Nameaug, alias Towawog; but in 1654 the whole tract, now com- prised within the towns of New London and Groton, was called Pequot, from the name of the harbour and original inhabitants ; and by that name it was known for about four years. On the 24th of March, 1G58, the assembly passed an act respecting it, which is so curious and characteristic of the feelings of the early settlers, as to be worthy of quotation. " Whereas, it hath been the commendable prac- tice of the inhabitants of all the colonies of these parts, that as this country hath its denomination from our dear native country of England, and thence is called New England ; so the planters, in their first settling of most new plantations, have given names to those plantations of some cities and towns in England, thereby intending to keep up, and leave to posterity, the memorial of several places of note there, as Boston, Hartford, Windsor, York, Ipswich, Braintree, Exeter; this court con- sidering, that there hath yet no place in any of the colonies been named in memory of the city of Lon- don, there being a new plantation within this juris- diction of Connecticut, settled upon that fair river Mcheagan, in the Pequot country, being an excel- lent harbour and a fit and convenient place for future trade, it being also the only place which the English in these parts have possessed by conquest, and that upon a very just war, upon that great and warlike people, the Pequots, we therefore, that we might thereby leaveto posterity that we have memory of that renowned city of London, from whence we had our transportation, have thought fit, in honour I to that famous city, to call the said plantation New London." The name of the river was also changed, and called the Thames. Until this time the governors and magistrates appear to have served the people for the pure honour and love of the public good ; but the general court now took the affair into their consideration, and granted the governor 30/. annually; the same sum was also voted for the deputy-governor, who had presided the preceding year : and these appear to have been the first salaries given to any civil officers ip the colony, and to have been a compensation for the expense of the office, rather than for the ser- vice performed. Upon the election at Hartford, Mr. Hopkins was chosen governor, arid Mr. Ludlow deputy-governor. Mr. Haynes supplied the vacancy made by the ad- vancement of Mr. Ludlow, and Mr. Cullick was elected magistrate and secretary in the place of Mr. Whiting. In September the commissioners of the united colonies assembled at Plymouth; their names were John Endicot and Simon Bradstreet, from Massa- chusetts ; William Bradford and John Brown, from Plymouth ; Governor Hopkins and Roger Ludlow, from Connecticut ; Governor Eaton and John Ast- wood, from New Haven. The Indians, both in the Nehantick and Narra- ganset country, and in the western parts of Con- necticut, had been more perfidious and outrageous this year than at any time since the Pequot war ; and instead of performing the promises which they had made the last year, hired the Mohawk and Po- comtock Indians to unite with them in an expedi- tion for the total destruction of Uncas and the Mo- heagans. The Pocomtocks made preparations and assembled for the purpose ; but waited several days for the arrival of the Mohawks, who were to have joined them at that place. The Narragansets and Nehanticks removed their old men, women, and children into swamps and fastnesses, and prepared an army of 800 men, who were to form a junction with the Mohawks and Pocomtocks, in Connecticut, near the Moheagans. The governor and council, apprised of their de- signs, dispatched Thomas Stanton, their interpreter, and others to Pocomtock ; who found the Pocom- tocks actually met in arms, and waiting for the ar- rival of the Mohawks ; and they learnt that the Mo- hawks had 400 fire-arms, and plenty of ammunition. The Pocomtocks acknowledged that they had heen hired by the Narragansets, which proved a con- federacy, which was justly alarming to the colony ; but several happy circumstances united their in- fluence to frustrate this formidable combination ; and the early discovery of the designs of the enemy, by the people of Connecticut, and the precautions which were taken, had a great effect. The Pocom- tocks and Mohawks were assured that the English would defend Uncas against all his enemies, and would avenge all injuries which they should do him: the Mohawks had one or two of their sachems and a number of their men killed by the French, and therefore did not proceed ; and the Pocomtocks did not choose to march without them : the Narragan- sets, thus deserted, were afraid to proceed ; and the expedition failed. The Narragansets not only plotted against the united colonies, but committed many outrages against the people of Rhode Island , where they UNITED STATES. 677 made forcible entries into the houses, struck and abused the owners, and stole and purloined their goods. At Warwick especially, they were exceed- ingly troublesome, having killed in that plantation about a hundred cattle, exclusive of other injuries which they did to the inhabitants ; and the Rhode Islanders were so harassed, that they made appli- cation, by their representatives, to the commissioners to be admitted to the confederation of the united colonies. The commissioners replied, that they perceived their state to be full of confusion and danger, and that they were desirous of giving them both advice and help ; but added, that as the plantation made at Rhode Island fell within the limits of the ancient patent granted to the colony of New Plymouth, they could not receive them as a distinct confederate; they therefore proposed, that if the Rhode Islanders would acknowledge themselves to be within the lim- its of Plymouth colony, they would advise how they might be 'received on equitable terms, with a tender regard for their convenience ; and that they would afford them the same advice and protection which they did the other plantations within the united colonies. The commissioners sent messengers again to the Narraganset and Nehuntick Indians, to remonstrate with them, and demand the arrears of wampum which were yet unpaid. Their outrages against the in- habitants of Rhode Island were particularly noticed, and the sachems were peremptorily charged to keep their men under better government. The general court of Massachusetts was by no means pleased with the determination of the com- missioners, the last year, relative to the impost to be paid at. Saybrook ; and a committee was there- fore appointed to draw up an answer to the obser- vations and pleadings of Governor Hopkins before the commissioners at their former sessions. The committee introduced their answer with a number of questions relative to the articles of con- federation ; some of which were calculated to ex- hibit them as entirely contemptible; others related to the power of the commissioners, and to the degree in which obedience was due to their determinations. They inquired whether a non-compliance with the orders of the commissioners would be a breach of the articles of confederation ? and complained that they had not a greater number of commissioners, as Massachusetts was much larger than the other colo- nies : they proposed that they should have the pri- vilege of sending three commissioners, and that the meetings of the confederates should be triennial; and proceeded to a long reply to the arguments of Governor Hopkins, and attempted to vindicate the reasons which they had given before against the im- post. In addition to what they had formerly offered, they endeavoured to show that if Springfield was benefitted by the fort at Saybrook, and ought to pay the impost on that account, that New Haven, Stamford, and all the towns on that side of the river, ought also to pay; because they had been already benefitted, and might be hereafter : and if this was the case, as they pleaded, they objected against the commissioners of New Haven as dis- qualified to judge in the case : they also objected against the decision of the commissioners, because it was made, as they said, without a sight of the Connecticut patent: they insisted, that if the patent had been produced, there might have been some clause which would have helped their case ; and pleaded a priority of possession. They affirmed, that the first possession of Saybrook fort was taken by Mr. John Wiuthrop, in November, .1635, and their possession was before that: for those who went from Watertown, Cambridge, Roxbury, and Dorchester, the summer before, took possession in their name and right; and had a commission of government from them, and some ordnance for their defence ; and, in fine, they urged that if the impost were lawi'ul, it was not expedient; and that they could view it in no other light than as a source of con- tention, to interrupt their union and brotherly love. This document was adopted by the general court. Governor Hopkins and Mr. Ludlow, in reply oh the part of the Connecticut commissioners, insisted on the answers which had been given the last year to the arguments of the general court of the Massachu- setts ; they attempted to show, that notwithstanding all which had been urged, the arguments in favour of the impost remained unanswered, and in their full force ; they observed, that whatever propositions might have been made by the Massachusetts, in 1638, with respect to the exemption of plantations under theii government from an impost, nothing was ever granted upon that head ; and that affairs were now in a very different state from what they were at the time of the confederation : they urged, that now the charge of the fort and garrison at Saybrook lay upon the colony, which was not the case at that time ; and that nothing could be fairly pleaded from the circumstances in which the colo- nies confederated. With respect to priority of right, and the commission which had been mention- ed, they observed that the commission of govern ment was taken, talvo jure, ol the interest of tht gentlemen who had the patent of Connecticut ; this commission taking rise from the desire of the people that removed, who judged it inexpedient to go away without any frame of government, not from any claim of the Massachusetts' jurisdiction over them by virtue of patent. With reference to the decision of the commissioners, without seeing the Connecti- cut patent, they observed that a copy of it was ex- hibited at the time of the confederation ; that it had been well known to many ; and that the Massachu- setts in particular knew that it had recently been owned by the honourable committee of parliament; and that equal respect and power had been given by it to all within its limits, as had been either to Massachusetts or Plymouth, within the limits of theii respective patents. As to the inexpediency of the impost, as tending to disturb the peace and brotherly love subsisting between the colonies, they replied, that it was their hope and earnest desire that in all the proceedings of the confederation, truth and peace might embrace each other. But they insisted, that pleading for truth and righteous- ness ought by no means to disturb peace or bro- therly affection. Indeed, they maintained, that things which were rational and consistent with truth and righteousness, should never be an occa sion of offence to any. The commissioners of Connecticut, at this time, produced an authentic copy of their patent, and Governor Hopkins offered to attest it upon oath. As this was the third year since the affair of the impost had been litigated before the commissioners, it was urged, that it might have a final issue, agree able to truth and righteousness. Governor Hop- kins and Mr. Ludlow disputed the southern bound- ary of Massachusetts, and claimed Springfield as lying within the limits described in the patent of Connecticut. 678 THE HISTORY OF AMERICA. The commissioners judged that the objections of- fered against the gentlemen from New Haven were insufficient, and the commissioners from Massachu- setts gave them up : and after a full hearing and mature deliberation on the whole matter, the former order, in favour of Connecticut, was confirmed. Notwithstanding the congratulatory letter which the commissioners addressed to Stuyvesant, the Dutch governor, at their last session, he proved a very disagreeable neighbour : he gave no answer to the complaints which had been stated to him in their letter ; and he transmitted no account of the customs laid upon the English merchants, nor of the cases in which the Dutch made seizures, so that it was extremely difficult to know on what terms they could trade, or how to escape fines and seizures. By his order, a vessel of Mr. Westerhouse, a Dutch merchant and planter at New Haven, was seized while riding at anchor within the harbour, who pre- ferred a complaint to the commissioners ; and proved that when he sailed from Virginia, he made a full payment of all the customs. The commissioners wrote to the Dutch governor on the subject, and re- monstrated against such a flagrant insult to the united colonies, and against the injustice done to Mr. Westerhouse; and at the same time protested against the Dutch claim to all the lands, rivers, and streams, from Cape Henlopen to Cape Cod ; and asserted their right to all the lands and plantations in the united colonies, as anciently granted by the kings of England to their subjects, and since pur- chased by them of the Indians as the original pro- prietors. At the same time they assured him, that they expected satisfaction, both for the injury and affront in taking a ship out of one of their harbours : they represented in strong terms the absolute neces- sity of a meeting for the adjustment of the differ- ences between the Dutch and the united colonies ; and professed themselves to be inclined to pursue all proper counsels for that purpose ; and added, as his letters to them, as well as to the governors of Massa- chusetts and New Haven, had been expressed in very indeterminate language, they wished him to be more explicit; they avowed their determination, that until such time as the Dutch should come to an amicable settlement of the points in controversy, neither their merchants nor mariners should enjoy any privilege, in any of the English plantations or harbours, either of anchoring, searching, or seizing, more than the English did at the Manhadoes; and declared that if, upon search, they should find arms and ammunition on board any of the Dutch ships, for the mischievous purpose of vending them within the limits of the united colonies to the Indians, they would seize them until further inquiry and satisfac- tion should be made; and that they would treat the Dutch mariners and merchants in the English har- bours and plantations in the same manner in which the English had been treated by them. Soon after the meeting of the commissioners, Mr. John Whitmore, of Stamford, a worthy man, and one of the representatives of the town in the general court at New Haven, was murdered by the Indians. (1649.) At the general election in Connecticut, Mr Haynes was chosen governor, and Mr. Hop- kins deputy-governor. Mr. Ludlow took his place again among the magistrates ; and the other officers remained as they had been the preceding year. In consequence of the burning of the old fort at Saybrook, a new one was begun the last year at a place called the new fort hill ; and at this session of the assembly, orders were given for the erecting of a new dwelling-house in the fort, and for complet ing the works and buildings at Saybrook. The magistrates were empowered to impress suitable hands for carrying the business into effect, and ap- propriations were made for that purpose. As the commissioners of Massachusetts, in their pleadings before the commissioners of the united colonies at their last session, had expressed their doubts whether the act of Connecticut, imposing a duty upon certain articles exported from Connec- ticut river, had any respect to the inhabitants of Springfield, the general court declared that they had particular respect to them, as under the go vernmentof the Massachusetts. They also resolved, that, in their most serious judgment, nothing was imposed on them more than was strictly just, or than had been imposed on themselves ; and that they ought to submit to the impost; and further declared, that the execution of the act, with respect to their brethren at Springfield, had been deferred, only that the judgment of the commissioners of the other colonies might be had on the premises. The assembly also resolved, that they were not satisfied that Springfield was within the true limits of the Massachusetts' patent ; and expressed their earnest wishes that the line might be speedily and fully set- tled, in righteousness and peace. It was finally ordered, that these resolutions should be laid before the commissioners at their next meeting. Mr. Ludlow, who had for several years succes- sively been desired by the general court to make a collection of the laws which had been enacted, and to revise, digest, and prepare a body of laws for the colony, had now completed the work, and at this session a code was established. Until this time, punishments in many instances had been uncertain and arbitrary ; and had been left wholly to the discretion of the court. Defama- tion had in some instances been punished by fines, repeated scourging, and imprisonment. For viola- tion of the Sabbath, there is an instance of imprison- ment during the pleasure of the court. Want of chastity in single persons was sometimes punished by setting the delinquent in the pillory, and by whipping him from one town to another. But, from this time, the laws in general became fixed, and the punishment of particular crimes were specified. The statute now required a jury of twelve meu : that in cases in which they were doubtful with re- spect to law, they should bring in a non liquet, or special verdict ; and that matter of law should be determined by the bench, as it is at the present time. But if, after the jury had been sent out re- peatedly, the court judged they had mistaken the evidence and brought in a wrong verdict, they were authorized in civil cases to empannel a new jury. The court also retained the power of lessening and increasing the damages given by the jury, as they judged most equitable. All cases of life, limb, or banishment were determined by a special jury of twelve able men, and a verdict could not be ac- cepted unless the whole jury were agreed. From this time Connecticut had the appearance of a well regulated commonwealth. An extraordinary meeting of the commissioners was held this year at Boston ; the members of which were Thomas Dudley, Esq., Mr. Simon Bradstreet, William Bradford, Esq., Mr. John Brown, Edward Hopkins, Esq., Mr. Thomas Wells, Governor Ea- ton, and Mr. John Astwood. Governor Eaton, in behalf of the colony of New Haven, proposed that effectual measures might be UNITED STATES. 679 immediately adopted for the settlement of De laware bay. The title which a number of mer- chants at New Haven had to extensive tracts on both sides of the river, by virtue of purchases from the Indians, was laid before the commis- sioners ; and the fertility of the soil, the healthi- ness of the country, the convenience of the several rivers, the great advantages of settlements, and a well regulated trade there, not only to New Haven, but to all the New England colonies, were strongly represented. The commissioners, after a full hearing and ma- ture deliberation, were of the opinion, that the cir- cumstances of the colonies were such, that it would not be prudent at that time, by any public act, to encourage the settlement of those tracts. Besides the contest with the Dutch and the danger of involv- ing the colonies in war, it was observed that they had scarcely sufficient numbers of men at home for their own defence, and the prosecution of the neces- sary affairs of their respective plantations ; and it was therefore recommended to the merchants and gentlemen at New Haven, either to settle or sell the lands which they possessed there. The commis- sioners also resolved, that if any persons in the uni- ted colonies should attempt, without their consent, to make settlements on the lands, or to do any thing injurious to the rights of the purchasers, that they would neither own nor protect them in their unjust attempts. The murder of Mr. Whitmore, and the other murders which the Indians had committed against the English, were fully considered : and the com- missioners resolved that the guilty should be deli- vered up ; and it' they were not, that the sachem at Stamford, or his son, should be apprehended and kept in prison, until they should be secured, and justice have its course. Some time before the meeting of the commis- sioners, the Indians upon Long Island perpetrated a murder at Southhold ; and having risen in a hostile manner for several days round the town, the inha- bitants were obliged to arm and stand upon their defence against them for a considerable time; and afterwards to keep a strong and vigilant guard by night. The town was not only exceedingly alarmed and distressed, but put to great expense ; and they therefore made application to the commissioners for relief; who would not consent that the colonies in general should bear any of the charge in such in- stances ; and determined in this case, as they had done before with respect to the other towns in the jurisdictions of Connecticut and New Haven, which had suffered in the like manner, and had been ob- liged to bear all the expense of defending Stamford and other places. The Narraganset and Nehantick Indians still per- sisted in their murderous designs against Uncas, and in their perfidious conduct towards the colonies ; and the alarming aspect of affairs, with respect to them, was the occasion of this extraordinary meet- ing. An Indian who was hired by the Narraganset and Nehantick sachems to kill Uncas, as he was going on board a vessel in the Thames, ran him through the breast with a sword ; but though the wound at first was judged to be mortal, Uncas finally recovered. At this meeting he presented himself before the commissioners, and complained of the assault made upon him; and affirmed, that these sachems had hired the Mohawks and other Indians against him, as well as an assassin to kill him se- Tetly. He complained also that the Narragansets had neither restored his canoes nor his captives, as had been expressly demanded- and stipulated ; and prayed that, as he had ever been friendly and faith- ful to the colonies, they would provide for his safety, avenge these outrages, and do him justice. Nini- grate was examined before the commissioners on these points ; and it was proved, by the confession of the Mohawks themselves, that the Narragansets had hired them against Uncas. The colonies were at the same time alarmed with the report, that one of the brothers of Sauacus. or his son, was about to marry the daughter of Niaigrate ; and it was con- jectured, that the Narraganset and Nehantick In- dians were concerting a plan to collect the scattered remains of the Pequots, and to set them up as a distinct nation with the son, or brother of Sassa- cus, at their head. The Pequots, who had been given to Uncas, had now for more than two years revolted from him, and lived separately, as a distinct clan : in 1647 they had complained to the commissioners that Uncas and the Moheagans had abused them; and repre- sented that, though they had submitted and been faithful to him, assisted him in his wars, been es- teemed as his men, and paid him tribute, he had nevertheless grossly injured them: they said that he had required tribute of them, from time to time, upon mere pretences ; and that since they had been put under him, they paid him wampum forty times : hat upon the death of one of his children, he gave lis squaw presents, and ordered them to comfort ler in the same way ; and that they presented her with a hundred fathom of wampum : that Uncas was ileased, and promised that for the future he would esteem and treat them as Moheagans ; but that notwithstanding this engagement, they were wronged every way, and deprived of their just rights. Obachickquid, one of their chief men, complained hat Uncas had taken away his wife and used her as lis own ; and they proved that Uncas had wounded some of them, and plundered the whole company ; they therefore prayed that theEnglish wouldinter >ose for their relief, and take them under their >rotection. The commissioners found these charges so well upported, that they ordered Uncas to be reproved, and decreed that he should restore Obachickquid is wife, and pay damages for the injuries he had lone the Pequots ; and also fined him a hundred 'athom of wampum. Nevertheless, as it had been letermined by Connecticut that the name of the ?equots should be extinguished, and that they hould not dwell in their own country, it was re- olved that they should return, and be in subjection o Uncas ; but he was directed to receive them without revenge, and to govern them with moder- ation in all respects, as he did the Moheagans. They did not however return to Uncas ; but annually pre- ented their petition to the commissioners to be ;aken under the protection of the English, and to become their subjects; pleading, that though their ribe had done wrong and were justly conquered, et that they had killed no English people; and hat Wequash had promised them, if they would flee their country, and not injure the colonies, that hey would do them no harm. To relieve them, as ar as might be consistent with former determina- ,ions, the commissioners recommended it to Con- ecticut to provide some place for them, which might not injure any particular town, where they might plant and dwell together ; but at the same irne they were directed to be iu subjection to G80 THE HISTORY OF AMERICA. Uncas ; and he was again enjoined to govern them with impartiality and kindness. Mr. Westerhouse about this time renewed his complaint respecting the seizure of his vessel in the harbour of New Haven : and alleged, that be- sides the loss of his vessel, and the advantages of trading, the prime cost of his goods was 2UOO/. ; and that, after repeated application to the Dutch governor, he had not been able to obtain the least compensation; he had therefore petitioned the go- vernment of New Haven, that some Dutch vessel might be taken by way of reprisal ; and now peti- tioned the commissioners for liberty to make reprisals, by way of indemnification, until he should obtain satisfaction. Though the commissioners declared against the injustice of the seizure, and regretted both the in- sult done to the united colonies, and the damages sustained by Mr. Westerhouse, yet they declined granting him a commission to make reprisals, judg- ing it expedient first to negotiate. They therefore wrote to the Dutch governor, that Mr. Westerhouse had applied to them for a commission to make reprisals, and that they had not granted his petition, as they wished first to ac- quaint him with the motion, and to represent to him the equity of making reprisals, unless justice should be done him some other way : they again avowed their claim to all parts of the united colo- nies ; asserted the right of New Haven to Delaware bay, and assured him that it would not be given up : they also complained of his letter the last year, as in various respects unsatisfactory ; and that with regard to that dangerous trade of arms and ammunition carried on with the Indians at fort Aurania and in the English plantations, it was wholly silent : they observed, that all differences between them and the Dutch might have been amicably settled, had it pleased him to attend the meeting of the commis- sioners at Boston, according to the invitation which they had given him; but as that was not agreeable to him, they avowed their designs of mak- ing provision for their own safety. To prevent the vending of arms and ammunition to the Indians in the united colonies, they passed the following resolve : " That after due application hereof, it shall not be lawful for any Frenchman, Dutchman, or person of any foreign nation, or any Englishman living among them, or under the go- vernment of any of them, to trade with any Indian or Indians within this jurisdiction, either directly or indirectly, by themselves or others, under the penalty of confiscation of all such goods and vessels as shall be found so trading, or the true value thereof, upon just proof of any goods or vessels so traded or trading." The gentlemen from Massachusetts, at this meet- ing, again brought forward the dispute between them and Connecticut relative to the impost ; and pretended that Mr. Fenwick, some years before, had promised to join with them in running the line ; but that as he had not done it, and it had now been done by them, at their own expense, and to their satisfaction, it ought to be satisfactory to all others, who could make no legal claim to the adjacent lands ; which they insisted Connecticut could not, because they had no patent. The commissioners from Connecticut denied the facts which had been stated; and insisted that Mr. Fenwick never had agreed to run the line with them ; and that their running the line at their own ex- pense was not owing to any defect of his, nor on the part of Connecticut ; for they ran the line a year before the dispute with Mr. Fenwick respect- ing Waranoke ; besides, they said, what he pro- mised at that time was not to run the line, but to clear his claim to that plantation. With respect to the patent, they acknowledged they had not in- deed exhibited the original, but a true copy, to the authenticity of which Mr. Hopkins could give oath: they observed it was well known that they had a pa- tent ; that the original was in England, and could not then be exhibited ; and that the Massachusetts insisting on this point was an entire bar to the ami- cable settlement of the line between the colonies. Mr. Hopkins insisted that the southerly extent of the Massachusetts patent ought first to be mutually settled ; then he proposed that the line should be run by skilful men, mutually chosen, and at the mutual expense of the colonies. The commissioners from Connecticut indeed declared, that it was evi- dent, beyond all doubt, that Springfield at first was settled in combination with Connecticut ; and that it had been acknowledged to be so even by the colony of Massachusetts ; but they affirmed, that when propositions were sent by Governor Winthrop, to the plantations upon the river in 1637, relative to a confederation of the New England colonies, Mr. Pyncheon, in prosecution of that design, was in 1638 chosen and sent as a commissioner from Connecticut, to act in their behalf; that it was at this time, and never before, that he suggested his apprehensions that Springfield would fall within the limits of Massachusetts ; and that this was received as a fact without any evidence of what had been alleged; they also expressed it as their full per- suasion, that Mr. Pyncheon's representations and motion at that time originated from private discon- tent, in consequence of a censure laid upon him by the general court of Connecticut; they con- cluded by expressing their earnest wishes, that both the government of the Massachusetts and their commissioners would consider that they did not comply with the advice of the commissioners relative to the present dispute ; and that they insisted upon what they knew could not at that time be obtained: they charged them with an unwillingness to submit the differences subsisting between them and Con- necticut, to the mature and impartial judgment of the commissioners of the other colonies, according to the true intent of the confederation ; and, in a very modest and respectful manner, they referred it to the serious consideration of their brethren of the Massachusetts, whether their conduct was not directly contrary to the articles and design of the confederates, to which they all ought to pay a con- scientious regard. The commissioners finally decided the contro- versy in favour of Connecticut; upon which the gentlemen from Massachusetts produced an order of their general court, passed by way of retaliation, imposing a duty upon all goods belonging to any of the inhabitants of Plymouth, Connecticut, or New Haven, imported within the castle, or exported from any part of the bay. The commissioners from Plymouth, Connecticut and New Haven, in consequence of this extraordi- nary act, drew up the following declaration and remonstrance, addressed to the general court of Massachusetts. " A difference between the Massachusetts and Connecticut, concerning an impost at Saybrook, required of Springfield, having long depended, the commissioners hoped, according to the advice at UNITED STATES. 681 Plymouth, might at this meeting have been satis- fyingly issued ; but upon the perusal of some late orders made by the general court of the Massachu- setts, they find that the line on the south side of the Massachusetts jurisdiction is neither run, nor the place whence it should be run agreed : that the original patent for Connecticut, or an authentic exemplification thereof, (though Mr. Hopkins hath offered upon oath to assert the truth of the copy by himself presented,) is now required; and that a burthensome custom is by the Massachusetts lately imposed, not only upon Connecticut, interested in the impost at Saybrook, but upon Plymouth and New Haven colonies, whose commissioners as arbi- trators, according to an article in the confederation, have been only exercised in the question, and that upon the desire of the Massachusetts, and have im- partially, according to their best light, declared their apprehensions ; which custom and burthen (grievous in itself) seems the more unsatisfying and heavy, because divers of the Massachusetts' de- puties who had a hand in making the law, acknow- ledge, and the preface imports it, that it is a return or retaliation upon the three colonies for Saybrook; and the law requires it of no other English, nor of any stranger of what nation soever. How far the premises agree with the law of love, and with the tenor and import of the articles of confederation, the commissioners tender and recommend to the serious consideration of the general court for the Massachusetts : and in the mean time desire to be spared in all future agitations respecting Springfield." Governor Hutchinson observes, that this law was produced to the dishonour of the colony: that had the Massachusetts imposed a duty upon goods from Connecticut only, they might at least have had a colour to justify them ; but that extending their re- sentment to the other colonies, because their com- missioners had given judgment against them, ad- mitted of no excuse : it was a mere exertion of power, and a proof of their great superiority, which enabled them in effect to depart from the union, whenever they found it to be for their interest : if it had been done by a single magistrate, it would have been pronounced tyrannical and oppressive ; and he finally observes, that in all ages and coun- tries communities of men have done that, of which most of the individuals of whom they consisted, would, acting separately, have been ashamed. The Massachusetts treated Connecticut in the same ungenerous manner, with respect to the line between the colonies. In 1642 they employed one Nathaniel Woodward and Solomon Saft'ery, whom Douglass calls two obscure sailors, to run the line between them and Connecticut, who arbitrarily fixed a boundary, at the exact point to which three miles south of every part of Charles river would carry them ; thence by water they proceeded up Connecticut river, and setting up their compass in the same latitude as they supposed, declared that the line struck the chimney of one Bissell's house, the most northern building then in the town of Windsor ; and this included a whole range of towns south of the true line between the colonies. Con- necticut considered the boundary fixed as entirely arbitrary, and six or eight miles further south than it ought to have been ; and imagined that the error at Windsor was still greater, as no proper allow ance had been made for the variation of the needle : they viewed the manner in which this had been ef- fected, as contrary to all the rules of justice, and to the modes in which differences of that magnitude ought to be accommodated : the utmost extent of Narraganset river was their north line, and they were persuaded that this would run so far north as to comprehend the town of Springfield, and other towns in the same latitude ; and therefore neither Connecticut, nor the commissioners of the united colonies, considered any boundary as properly set- tled whence the line should be run, nor any line run between the colonies. Connecticut wished to have the southern bound- ary of Massachusetts mutually settled and the line run, at the joint expense of the two colonies; but Massachusetts would neither consent to this, nor even allow that the copy of the Connecticut patent was authentic ; and for nearly 70 years they en- croached upon this colony, and settled whole towns within its proper limits. The general court of Connecticut adopted the re- commendation of the commissioners, with respect to the prohibition of all trading of foreigners among the Indians of the united colonies ; and made the penalty to be the confiscation of all vessels and goods employed in such trade. The court also, after conferring with New Haven, determined to avenge the murder of John Whit- more, of Stamford ; and considered under all the circumstances, and the conduct of the Indians in the town, and bordering upon it, resolved that it was lawful to make war upon them ; and it was therefore ordered that 50 men should be imme- diately drafted, armed, and victualled, for the pur- pose of bringing the murderers to punishment, or of arresting other Indians, until the delinquents should be delivered to justice. These spirited mea- sures appear to have had the desired effect; and the Indians at Stamford it seems became peaceable, and there is nothing further upon the records re- specting any trouble with them. Court of Election at Hartford Grants to Captain Mason" Message to NinigruteThe line is Jlxed between tlie English and Dutch plantations Agree- ments with Mr. Fenwick occasion general uneasiness An act for the encouragement of seeking and im- proving mines Norwalk and Mattabeseck settled The colony of New Haven make another attempt to settle at Delaivarft The Dutch governor seizes the company, and frustrates the design French com- missioners from Canada War determined with the Dutch and Indians Massachusetts prevents it Alarm and distress of the plantations Appeal to Cromwell and the parliament for assistance The tumultuous state of the settlements. (1650.) Upon the election at Hartford, Mr. Hop- kins was chosen governor, and Mr. Haynes deputy- governor. Mr. Clark was added to the magistrates. The court now consisted of thirty-two members; the governors, ten assistants, and twenty deputies. The court had granted 1,000 acres of land to Captain Mason, for his good services in the Pequot war ; 500 to himself, and 500 to be given to his five best officers and soldiers; and it was now ordered, that the 500 acres granted to the soldiers should be laid out for them at Pequot, or in the Neanticut country. The next year the court made a grant of Chippachauge island, in Mystic bay, and 110 acres of land at Mystic to the captain. The commissioners Mr. Simon Bradstreet and Mr. William Hawthorne, Mr. Thomas Prince and Mr. John Brown, and Governors Hopkins and Haynes, Eaton and Goodyear, met September 5th, at Hartford. Governor Hopkins was chosen president. 682 THE HISTORY OF AMERICA. As the Narragansets still neglected to pay the tribute which had been so many years due, the com- missioners dispatched Captain Atherton, of Massa- chusetts, with twenty men, to demand and collect the arrears ; and he was authorized if they should not be paid, to seize on the best articles he could find, to the full amount of what was due ; or on Pessacus, the chief sachem, or any of his children, and carry them off. Upon his arrival among the Narragan- sets, he found the sachem recurring to his former arts, putting him off with deceitful and dilatory an- swers, and not suffering him to approach his pre- sence ; and at the same time collecting his warriors about him. The captain, therefore, marched directly to the door of his wigwam, where, posting his men, he entered himself with his pistol in his hand, and seizing Pessacus by the hair of his head, drew him from the midst of his attendants, declaring that if they should make the least resistance he would dis- patch him in an instant; this decisive measure gave him such an alarm, that he immediately paid all the arrears. Ninigrate, sachem of the Nehanticks, continuing his perfidious practices, began to lay claim to the Pequot country, and appeared to be concerting a plan to recover it from the English. Captain Ather- ton therefore paid him a visit according to his in- structions, and assured him that the commissioners were no strangers to his intrigues, in marrying his daughter to the brother of Sassacus ; in collecting the Pequots under him as though he designed to become their head ; and in his claims and attempts respecting the Pequot country ; and remonstrated against his conduct as directly opposite to all the covenants subsisting between him and the English colonies ; and having in this spirited manner ac- complished his business, he returned in safety. Meanwhile Stuyvesant, the Dutch governor, ar- rived at Hartford. He had been often invited to attend the meeting of the commissioners, with a view to the accommodation of the difficulties sub- sisting between him and the English colonies ; but he chose to treat by writing, and on the 13th of September he commenced his correspondence with the commissioners. In his letter he complained of the encroachments made upon the West India com- pany, and the injuries done them both by Connecti- cut and New Haven ; and pretended that the Dutch, in behalf of that company, had purchased the lands upon the river of the native Americans, before any other nation had bought them, or laid any claim to them. He therefore demanded a full surrender of those lands, and such compensation as the nature of the case required : he also complained of the act of prohibiting all foreigners to trade in the English colonies, and that the English sold goods so cheap to the natives, as to ruin the trade for other nations : and concluded with intimations of his willingness to settle a general provisional line between the Dutch and English plantations, by a joint writing to their superiors in England and Holland, or by the deci- sion of agents mutually chosen and empowered for that purpose. The commissioners, observing that his letter was dated at New Netherlands, replied, that they would not treat unless he would alter the name of the place whence he wrote ; he answered, that if they would not date at Hartford, he would not at New- Netherlands, but at Connecticut. They consented that he should date at Connecticut, but claimed a right for themselves to date at Hartford. He gave up the right of dating at the Netherlands, and the treaty proceeded. The commissioners replied to his complaints, to the effect, that their title to Connecticut river and the adjacent country had been often asserted, and made sufficiently evident both to the Dutch and English ; and that they hoped amply to prove their title to what they enjoyed by patent, purchase, and possession : consequently they insisted that they had made no encroachments on the honourable West India company, nor done them the least in- jury : they affirmed, that they knew not what the Dutch claimed, nor upon what grounds , that at some times they claimed all the lands upon the river, and at oth'ers a part only ; that their claim was founded sometimes upon one statement, and at other times upon another; and that it had been so various and uncertain, as to involve the whole affair in obscurity. With respect to trade, they observed that they had the same right to regulate it within their jurisdiction, which the Dutch, French, and other nations had to regulate it, within their respec- tive dominions : that their merchants had a right to deal with the natives on such terms as they pleased ; and that they presumed they did not trade to their own disadvantage. They also gave inti- mations that if the then present treaty should suc- ceed agreeably to their wishes, they might recon- sider the act of trade, and repeal the prohibition respecting foreigners. They then proceeded to a lengthy and particular statement of the grievances they suffered from the Dutch ; particularly representing those which have been already noticed, with several other more re- cent injuries. Especially, that the Dutch agents had gone off from Hartford without paying for the goods which they had taken up : that their success- ors had refused to make any settlement of their ac- counts ; and that the Dutch governor had not obliged them to make payment : that the Dutch bought stolen goods, and would make no compensa- tion to the English, whose property they were ; and that they had not only formerly helped criminals to file off their irons and make their escape, but that they had been guilty of a recent instance of similar conduct ; and that a Dutch servant had lately as- sisted a criminal, committed for a capital offence, to break gaol and make his escape ; and that the Dutch called him to no account for so gross a mis- demeanor. Various letters passed, and several days were pent, in these altercations, and at last the commis- sioners chose Mr. Bradstreet, of Massachusetts, and Mr. Prince, of Plymouth, as arbitrators to hear and compose all differences with respect to injury and damages ; to make provisional boundaries in all places where their respective limits were contro- verted, and to settle a just and free correspondence between the parties. The Dutch governor chose Thomas Willet and George Baxter for the same purpose. And both parties, in the most ample manner, authorized the arbitrators to hear and de- termine, in a full and absolute manner, all differ- ences between the two nations in this country. The arbitrators, after a full hearing of the parties, came to the following determination, which they drew up in the following form of an agreement. ' Articles of an agreement, made and concluded at Hartford, upon Connecticut river, September 19th, 1650, betwixt the delegates of the honoured commissioners of the united English colonies, and the delegates of Peter Stuyvesant, governor-gene- ral of New Netherlands. ' 1. Upon a serious consideration of the differ- UNITED STATES. 683 ences and grievances propounded by the two Eng- lish colonies of Connecticut and New Haven, and the answer made by the Dutch governor, Peter Stuyve- sant, Esq., according to the trust and power com- mitted to us, as arbitrators and delegates betwixt the said parties : we find that most of the offences or grievances were things done in the time, or by the order and command of Mons. Kieft, the former governor, and that the present honourable governor is not prepared to make answer to them ; we there- fore think meet to respite the full consideration and judgment concerning them, till the present governor may acquaint the H. M. (High and Mighty) States and West India company with the particulars, that so due reparation may accordingly be made. "2. The commissioners for New Haven com- plained of several high and hostile injuries which they, and others of that jurisdiction, have received from and by order of the aforesaid Mons. Kieft, in Delaware bay and river, and in their return thence as by their former propositions and complaints may more fully appear ; and besides the English right, claimed by patent, presented and showed several purchases they have made on both sides the river and bay of Delaware, of several large tracts of land unto, and somewhat above the Dutch house or fort there, with the consideration given to the said sa- chems and their companies tor the same, acknowledg- ed and cleared by the hands of the Indians, who they affirmed were the true proprietor?, and testified by many witnesses. They also affirmed, that according to the best of their apprehensions, they have sus- tained 1,OOOZ. damage there, partly by the Swedish governor, but chiefly by order from" Mons. Kieft. And therefore required due satisfaction, and a peaceable possession of the aforesaid lands, to en- joy and improve according to their just rights. The Dutch governor, by way of answer, affirmed and insisted on the title and right to Delaware, or the south river as they call it, and to the lands there, as belonging to the H. M. States and West India com- pany, and professed he must protest against any other claim ; but is not provided to make any such proof, as in such a treaty might be expected, nor had he commission to treat or conclude any thing therein. Upon consideration whereof, we, the said arbitrators or delegates, wanting sufficient light to issue or determine any thing in the premises, are necessitated to leave both parties in statu quo prius, to plead and improve their just interest at Dela- ware, for planting or trading as they shall see cause; only we desire that all proceedings there, as in other places, may be carried on in love and peace till the right may be further considered and justly issued, either in Europe or here, by the two states of England and Holland. " 3. Concerning the seizing of Mr. Westerhouse's ship and goods, about three years since, in New Haven harbour, upon a claim to the place, the ho- noured governor, Peter Stuyvcsant, Esq., professed that what passed in writing that way was through error of his secretary, his intent not being to lay any claim to the place, and withal affirming that he had orders to seize any Dutch ship, or vessel, in any of the English colonies or harbours, which should trade there without express licence or com- mission. We therefore think it meet, that the com- missioners of New Haven accept and acquiesce in this answer." " Concerning the bounds and limits betwixt the English united colonies, and the Dutch province of New Netherlands, we agree as followeth " I. That upon Long Island, a line run from the westernmost part of Oyster bay, and so a straight and direct line to the sea, shall be the bounds be- twixt the English and Dutch there, the easterly part to belong to the English, and the westernmost to the Dutch. " 2. The bounds upon the main to begin at the west side of Greenwich bay, being about four miles from Stamford, and so to run a northerly line 20 miles up into the country, and after, as it shall be agreed, by the two governments of the Dutch and New Haven, provided the said line come not within ten miles of Hudson's river. And it is agreed that the Dutch shall not, at any time hereafter, build any house or habitation within six miles of the said line; the inhabitants of Greenwich to remain (till further consideration thereof be had) under the go- vernment of the Dutch. " 3. The Dutch shall hold and enjoy all the lands in Hartford, that they are actually possessed of, known and set out by certain marks and bounds, and all the remainder of the said land on both sides of Connecticut river, to be and remain to the En- glish there. " And it is agreed, that the aforesaid bounds and limits, both upon the island -and main, shall be observed and kept inviolable, both by the English of the united colonies, and all the Dutch nation, without any encroachment or molestation, until a full and final detprmination be agreed upon in Eu- rope, by the mutual consent of the two states of England and Holland. " And in testimony of our joint consent to the several foregoing conclusions, we have hereunto set our hands this 19th day of September, Anno Dom. 1650. " SIMON BKADSTUEET, THOMAS PRINCE, " THOMAS WILLET, GEORGE BAXTER." The Dutch governor promised also, and his agents, Messrs. Willet and Baxter, engaged for him, that Greenwich should be put under the go- vernment of New Haven, to whom it originally belonged. It was also agreed, that the same line of conduct which had been adopted with respect to fugitives, by the united colonies, in the eighth ar- ticle of confederation, should be strictly observed between them and the Dutch, in the province of New Netherlands. The Dutch governor also ac- quainted the commissioners, that he had orders from Europe to maintain peace and good neigh- bourhood with the English in America; and he proceeded so far as to make proposals of a nearer union and frindship between the Dutch and the united colonies, but the commissioners declined acting upon these proposals, without consulting their constituents ; and recommended the consider- ation of them to their respective general courts. While this settlement with the Dutch seemed to give a favourable aspect to the affairs of the colo- nies, there arose a great and general uneasiness in Connecticut relative to the agreements which had been made with Mr. Fen wick, and as to the state of the accounts between him and the colony. By the first agreement, besides the impost on several arti- cles exported from the mouth of the river for ten years, the people were obliged to pay one shilling annually for every milch cow and mare in the co- lony, and the same sum for every swine killed either for market or private use. Springfield re- fused to pay the impost ; and i-t seems that Con- necticut was obliged by the conduct of Massachu- setts, to repeal the act relating to the imposition. By reason of the controversy which arose between THE HISTORY OF AMERICA. Connecticut and Massachusetts, and some other circumstances, several of the towns during the two first years paid but a small proportion of what had been stipulated; and the colony therefore, on the 17th of February, 1646, had made a new agreement with Mr. Fenwick, which was to the effect ; That, instead of all former grants, he should receive from the colony annually, one hundred and eighty pounds for ten year? ; he was to collect what was due from Springfield, and to enjoy certain profits arising from the beaver trade; and a hundred and seventy or eighty pounds was also to be paid to him from Saybrook and one or two newly settled towns. The whole amount appears to have been more than 2000'., which th.pi colony paid for the right of juris- diction, and the ordnance, arms and stores at the fort. (1651.) As different apprehensions had arisen respecting these agreements, and the state of affairs between Mr. Fenwick and the colony, the general court appointed committees to meet at Saybrook to ascertain them ; and to quiet the minds of the peo- ple, notice was given to every town of the time and place of the meeting of the committees, and each was authorized to send representatives to hear the disputes and report the issue, with the reasons of it, to their constituents. Mr. John Winthrop, at the election, was chosen into the magistracy. The assembly consisted of thirty-four members, twelve magistrates and twenty two deputies. The colony of Rhode Island at this time gave great trouble to her neighbours, by giving enter- tainment to criminals and fugitives ; and Connecti- cut found it so prejudicial to the course of justice and to the rights of individuals, that the court re- solved to recommend the consideration of the affair to the commissioners of the united colonies. About this time also, Augustus Harriman, a Dutch trader, with his vessel, was seized by the people of Saybrook for illicit trade with the Indians. Th< court fined him 4QL and confiscated his vessel ane cargo ; and made him give a statement in writing that he had been well treated. Mr. Winthrop imagining that Connecticut con- tained mines and minerals, which might be im proved to his great advantage, as well as to thi public emolument, induced the assembly to pas the following act. '' Whereas in this rocky country, among thesi mountains and rocky hills, there are probabilitie of mines of metals, the discovery of which may b of great advantage to the country, in raising a stapL commodity ; and whereas John Winthrop, Esq doth intend to be at charges and adventure for th search and discovery of such mines and minerals for the encouragement thereof, and of any that shal adventure with the said John Winthrup, Esq. ii the said business, it is therefore ordered by th court, that if the said John Winthrop, Esq. sha! discover, set upon, and maintain such mines o lead, copper or tin; or any minerals, as antimony vitriol, black lead, alum,' stone salt, salt springs or any other the like, within this jurisdiction; an shall set up any work for the digging, washing an melting, or any other operation about the sai mines or minerals, as the nature thereof requireth that then the said John Winthrop, Esq. his heirs associates, partners or assigns, shall enjoy for eve said mines, with the lands, wood, timber and watei within two or three miles of said mines, for th necessary carrying on of the works, and maintain ing of the workmen, and provision of coal for th me : provided it be not within the bounds of anv wn already settled, or any particular persons pro- erty ; and provided it be not in, or bordering upon ny place, that shall or may by the court be judged t to make a plantation of." Though the eastern and middle parts of Norwalk ad been purchased more than ten years, yet there ad been only a few scattering inhabitants within ts limits. But the last year upon the petition of Nathan Ely and Richard Olmstead, the court gave "berty for its settlement, and ordained that it should e a town by the name of Norwalk. The western art of it was purchased on the loth of February, 'he inhabitants at this time consisted of about wenty families. About four years after, the general ourt vested them with town privileges. The settlement of Mattabeseck also commenced bout the same time: the principal planters of which re re from England, Hartford, and Weathersfield : . number also joined from Rowley, Chelmsford, and Woburn, in Massachusetts ; and by the close of this ear it became considerably settled. In November, 653, the general court gave it the name of Middle- own ; and twenty years after the number of shares was fixed at fifty -two ; which was the whole number f the householders at that period, within the town. The agreement made the last year with the Dutch governor, and his professions of amity, encouraged he English to prosecute the settlement of the lands which they had purchased in the vicinity of the Dutch; and fifty men from New Haven and Toto- ket made preparations to settle their lands at Dela- ware ; and accordingly this spring, they hired a vessel to transport themselves and their effects into ;hose parts. They had a commission from Governor Eaton, and he wrote an amicable letter to the Dutch governor, acquainting him with their de- ign ; assuring him, that according to the agree- ment at Hartford, they would settle upon their own lands, and give no disturbance to their neighbours. A letter of the same import was also addressed to him from the governor of Massachusetts. But no sooner had Governor Stuyvesant received the let- ters, than he arrested the bearers, and committed them close prisoners under guard. Then sending for the master of the vessel to come on shore that he might speak with him, he arrested and committed him ; and others as they came on shore to visit and assist their neighbours, were also confined. The Dutch governor desired to see their commission, promising it should be returned when he had taken a copy ; but when it was demanded back of him, he would not return it; nor would he release the men from confinement until he had forced them to give it under their hands, that they would not pro- secute their voyage ; but without loss of time return to New Haven ; at the same time threatening, that if he should afterwards find any of them at Dela- ware, he would not only seize their goods, but send them prisoners into Holland. He also caused a considerable part of the estate of the inhabitants of Southampton to be attached, and would not suffer them to remove it within the jurisdiction of the En- glish. Upon these violent proceedings, Captain Tapping, Mr. Fordham, and others, complained, and petitioned the commissioners for redress. The commissioners met this year at New Haven. The members were Mr. Bradstreet, Captain John Hawthorne, Mr. John Brown, Mr. Timothy Hather- ly, Governor Hopkins. Mr. Ludlow, and Governors Eaton and Goodyear. Governor Eaton was chosen president. UNITED STATES. Jasper Crane and William Tuttle, in behalf o themselves, and many others, inhabitants of New Haven and Totoket, also presented a petition to the commissioners, complaining of the treatment which they had received from the Dutch governor, and representing that they had sustained more than 300/. damage, besides the insult and injury done to the united colonies ; they represented that the Dutch had seized upon, and were about to fortify the very lands which they had bought of the origina proprietors at Delaware : that, had it not been for the injustice and violence of the Dutch, the New England colonies might have been greatly enlarged by settlements in those parts ; that the Gospel might have been published to the natives, and much good done, not only to the colonies at present, but t posterity . they also represented, that the Dutch were, by gifts and art, enticing the English to make settlements under their jurisdiction ; and insisted, that suffering them thus to insult the English, and to seize on lands to which they could show no just claim, would encourage them to drive them from their other settlements, and to seize on their lands and property whenever they pleased; and that it would make them contemptible among the natives, as well as among all other nations ; they, therefore, pressed the commissioners to act with spirit, and immediately to redress the injuries which had been done to them and the colonies. The commissioners declined acting against the Dutch, without previously attempting to obtain re- dress by negotiation. They wrote to Stuyvesant, insisting that he had acted in direct contravention of the agreement at Hartford, and noticed that in a letter to Governor Eaton, he had threatened force of arms and bloodshed to any who should go to make settlements upon their lands at Delaware, to which he was unable to show any claim ; they re- presented to him, how unjustifiable it appeared at Hartford, not only to the commissioners, but even to the arbitrators of his own choosing ; they charged him with a breach of the engagement of Mr. Willet and Mr. Baxter, in his behalf, with respect to the restoration of Greenwich to the government of New Haven ; they remonstrated against his conduct, in imprisoning the people of New Haven and Totoket, in detaining their commission and frustrating their voyage ; and also in beginning to erect fortifications upon the lands of the New Haven people at Dela- ware ; they affirmed, that they had as good a right, to the Manhadoes as the Dutch had to those lands ; declared that the colonies had just cause to vindi- cate and promote their interests, and to redress the injuries which had been done to their confederates; and finally protested, that whatever inconveniences or mischief might arise upon it would be wholly chargeable to his unneighbourly and unjust conduct. At the same time, for the encouragement of the petitioners, they resolved, that if at any time within twelve months they should attempt the settlement of their lands at Delaware, and at their own charge transport 150 or at least 100 men, well armed, with a good vessel or vessels for such an enterprise, with a sufficient quantity of ammunition, and warranted by a commission from the authority at New Haven ; that then, if they should meet with any opposition from the Dutch or Swedes, they would afford them a sufficient force for their defence. They also re- solved, that all English planters at Delaware, either from New Haven, or any other of the united colo- nies, should be under the jurisdiction of New Haven. The Pequots among the Mohcagans and Narra- gansets, aud those who had removed to Long Island, had to this time neglected to pay any part of the tribute, which had been stipulated at Hartford, in. 1638, upon condition that the English would spare their lives and defend them from their enemies; and the general court had therefore given orders, that it should be collected forthwith, and had ap- pointed Captain Maton to go to Long Island, and demand it of the Pequots there, as well as of those in other places. Uncas, with a number of the Moheagans, and of Ninigrate's men, in consequence presented himself before the commissioners, and in behalf of the Pe- quots paid a tribute of about 300 fathoms of wam- pum ; aud then, in their name, demanded why this tribute was required ? how long it was to continue ? and whether it must be paid by the children yet unborn ? The commissioners answered, that by covenant it had been annually due ever since the year 1638: that after a just war, in which the Pequots were conquered, the English, to spare as far as might be the blood of the guilty, accepted of a small tri- bute as expressed in the covenant; they insisted that they had a right to demand it as a just debt ; and observed that twelve years' tribute was now due, reckoning only to the year 1650 ; but that to show their lenity and encourage the Pequots, if they would behave themselves peaceably, and pay the tribute agreed upon, for ten years, reckoning from 1650, they would give them all which was due for past years ; and that at the expiration of the ten years they and their children should be free. This, it seems, they thankfully accepted, and afterwards be- came as faithful friends to the English as the Mo- heagans, and assisted them in their wars with other Indians, especially in that against Philip and the Narragansets. While the commissioners were at New Haven, two French gentlemen, Monsieur Godfrey and Mon- sieur Gabriel Druillets, arrived in the capacity of commissioners from Canada. They had been sent by the French governor, Monsieur D'Aillebout, to treat with the united colonies ; and presented three commissions, one from Monsieur D'Aillebout, another from the council of New France, and a third to Monsieur Gabriel Druillets, who had been authorized to publish the doctrines and duties of Christianity among the Indians. In behalf of the French in Canada, and the christianized Indians in Acadia, they petitioned for aid against the Mohawks and warriors of the six nations ; and urged that the war was just, as the Mohawks had violated the most solemn leagues, and were perfidious and cruel : that it was a holy war, as the Acadians were converted Indians, and the Mohawks treated them barbarously because of their Christianity ; and insisted that it was a common concern to the French and English na- tions, as the war with the six nations interrupted the trade of both with the Indians in general. Monsieur Druillets, who appeared to be a man of address, opened the case to the best advantage, dis- playing all his art, and employing his utmost ability to persuade the commissioners to engage in the war against the six nations. He urged, that if they would not consent to join in the war, they would at [east permit the enlistment of volunteers in the , united colonies for the French service, and grant them a free passage through the colonies, by land or water, as the case might require, to the Mohawk country . he also pleaded, that the christianized In- C86 THE HISTORY OF AMERICA. dians might be taken under the protection of the united colonies, and made large promises of the ample compensation which the French would make the colonies for these services ; promising, if these points could be gained, they would enter imme- diately upon a treaty for the establishment of a free trade between the French and English in all parts of America. The reply of the commissioners exhibits policy and prudence; showing that they were not ignorant of men, nor of the arts of negotiation. They an- swered, that they looked upon such Indians-as had received the yoke of Christ, with a different feeling than upon those who were still heathens ; that they pitied the Acadians, but saw no way to help them without exposing the English colonies and their own neighbouring Indians to war ; and that some of those Indians professed Christianity no less than the Acadi'ans : that it was their desire, by all just means, to keep peace with all men, even with these barbarians ; and that they had no occasion for war with the Mohawks, who in the war with the Pequots had shown a real respect to the English colonies, and had never since committed any hostility against them : that they felt a readiness to perform all offices of righteousness, peace, and good neighbourhood towards the French colony; but that they could not permit the enlistment of volunteers,nor the march- ing of the French and their Indians through the colonies, without giving grounds of offence and war to the Mohawks, and exposing both themselves and the Indians whom they ought to protect; that the English engaged in no war until they were satisfied that it was just, nor until peace had been offered on reasonable terms, and had been refused : that the Mohawks were neither in subjection to the English, nor in league with them; so that they had no means of informing themselves what they could say in their own vindication ; that they were exceedingly dis- satisfied with that mischievous trade, which the French and Dutch had carried on, and still con- tinued with the Indians in vending them arms and ammunition, by which they were encouraged, not only against the Christian Indians and catechumens, but against all Christians in Europe as well as America; but if all other difficulties were removed, they represented, they had no such short and con- venient passage by land or water, as might be had by Hudson's river to fort Aurania and beyond, in the pos- session of the Dutch ; and they concluded by ob- serving, that the honoured French deputies, as they conceived, had full powers to settle a free trade be- tween the English and French colonies ; but if, for reasons best known to themselves, it was designed to limit the English by the same restraints and pro- hibitions to which the unprivileged French were subjected, not suffering them to trade until they had obtained a particular licence from the governor and company of New France, they must wait a more favourable opportunity for negotiation; but whenever such an opportunity should offer, they in- timated they should readily embrace it. The commissioners, apprehending that there was little prospect of obtaining a redress of their griev- ances from the Dutch, by remonstrance and nego- tiation, wrote to Mr. Winslow, agent for Massachu- setts in England, on the subject; and desired Mr. Winslow to inquire how the parliament and council of state esteemed the ancient patents, and how any engagements of the colonies against the Dutch, for the defence of their rights, would be viewed by the parliament. The people at New Haven persisted in their pur pose of making, if possible, a permanent settlement upon their lands at Delaware. They were sensible that such was the situation of their affairs, that a leader, who was not only a politician, but a man of known courage, military skill and experience, would be of great importance to the enterprise ; and there- fore made application to Captain Mason to remove with them to Delaware, and take on him the ma- nagement of the company ; and it seems he had a design of complying with their requests, but the general court at Connecticut would not consent; and unanimously desired him to entertain no thoughts of changing his situation, which frustrated the design. The grand list of the colony appears this year, for the first time, upon the records, but contains the lists of seven towns only; the others either paying no taxes, or their lists not being completed and re- turned. The amount of the whole was 75,492. 10s. 6d.; and it appears that the townships at this period were not, upon an average, more than equal to the common parishes at this day. (1052.) At the general election in Connecticut, the former magistrates were re-elected. The commencement of hostilities the last year, between England and Holland, the perfidious ma- nagement of the Dutch governor, and the appre- hensions of the rising of the Indians, spread a general alarm through the colony. The assembly convened on the 30th of June, and adopted several measures tor the common safety; and orders were given, that the cannon at Saybrook should be well mounted on carriages ; that the fort should be supplied with ammunition ; and that the inhabitants who were scattered abroad should collect their families into it, and hold themselves in a state of readiness for their common defence. The Indians in the vicinity of the several planta- tions, within the colony, were required to give testi- mony of their friendship and fidelity to the English, by delivering up their arms to the governor and magistrates ; and those who refused were to be considered as enemies. (1653.) S'uyvesant, the Dutch governor, made no satisfaction for former injuries, but added new in- sults and grievances to those which were past ; again revived the claims which he had renounced at Hart- ford ; and though he restrained the Dutch from open hostility, yet he used all his arts with the In- dians to engage them to attack the English colo- nists ; and in March, discovery was made that he was conniving with the Indians for the extirpation of the English colonies. An extraordinary meeting of the commissioners was immediately called, at which were Governor Endicott, Mr. William Haw- thorne, William Bradford, Esq., Mr. John Brown, Mr. Ludlow, Captain Cullick, Governor Eaton, and Captain John Astwood. Governor Endicott was chosen president. Upon a close attention to the reports which had been spread, and a critical examination of the evi- dence, all the commissioners, except those of the Massachusetts, were of the opinion that there had been a plot concerted by the Dutch governor and the Indians, for the destruction of the English colo- nies. Ninigrate, it appeared, had spent the winter at the Manhadoes, with Stuy vesant, on the business ; and had been over Hudson's river among the western Indians; had procured a meeting of the. sachems; made ample declarations against the English ; and solicited their aid against the colonies. He was brought back in the suring in a Dutch sloop, with UNITED STATES. 687 arms and ammunition from the Dutch governor ; and the Indians, for some hundreds of miles, ap- peared to be disaffected and hostile. Tribes, which before had been always friendly to the English, be- came inimical ; and the Indians boasted that they were to have goods from the Dutch at half the price for which the English sold them, and powder as plenty as the sand. The Long Island Indians tes- tified to the plot ; and nine sachems, who lived in the vicinity of the Dutch, sent their united testi- mony to Stamford, "that the Dutch governor had so- licited them, by promising them guns, powder, swords, wampum, coats, and waistcoats, to cut off the Eng- lish;" the messengers who were sent, declared, " they were as the mouth of the nine sagamores who all spake they would not lie :" and one of the nine sachems afterwards came to Stamford, with other Indians, and testified the same. The plot was also confessed by a Wampeag and a Narragan- set Indian, and was confirmed by Indian testimonies from all quarters. It was expected that a Dutch fleet would arrive, and that the Dutch and Indians would unite in the destruction of the English plan- tations ; and it was rumoured that the time for the massacre was fixed upon the day of the public elec- tion, when the freemen would be generally from home. The country was exceedingly alarmed, especially Connecticut and New Haven. They were greatly hindered in their ploughing, sowing, planting, and in all their affairs, and were worn down with con- stant watching and guarding, and put to great ex- pense for the common safety. Six of the commissioners were satisfied that they had just grounds of war with the Dutch; and drew up a general declaration of their grievances for the satisfaction of the people. They also stated the evidence they had of the conspiracy, which they supposed was then in hand ; but determined, never- theless, before they commenced hostilities against the Dutch, to acquaint the governor with the dis- covery which they had made, and to give him an opportunity of answering for himself. In the mean time letters arrived from the Dutch governor, in which he appeared with great confi- dence absolutely to deny the plot which had been charged upon him, and offered to go or send to Boston to clear his innocence ; or desired that some persons might be deputed and sent to the Manha- does, to examine the charges and receive his an- swers; but other letters arrived at the same time confirming the evidence of the conspiracy, and re- presenting that the Indians were urged to carry it into execution. The commissioners determined to send agents to the governor; and with the utmost dispatch made choice of Francis Newman, one of the magistrates of New Haven, Captain John Leveret, afterwards governor of Massachusetts, and Mr. William Davis, whom they vested with plenary powers to examine the whole affair, and to receive the governor's an- swer, according to his own proposals. Stuyvesant, in bis letters, pretended to express his astonishment that the English should give credit to Indian testimony ; and the commissioners there- fore, in their reply, charged him with making use of heathen testimony against New Haven ; and ob- served that Kieft, his predecessor, had used Indian testimonies against the English in a strange manner, in a case of treason, and life or death ; they also acquainted him with the bloody use which the Dutch governor and his council had made of the confession of the Japanese, against Captain Towerson and the English Christians at Amboyna, though it was ex- torted by torture. At the same time they wrote to Monsieur Montague and Captain Newton, who were of the Dutch governor's council, that his protestations of innocence gave them no satisfaction ; and charged the treasurer as well as the governor with the plot ; and demanded satisfaction for past injuries, and security for the future. While their agents were employed at the Manha- does, they determined on the number of men to be raised in case of a war; and for the first expedition they resolved to send out five hundred ; and ap- pointed Captain Leveret to the chief command. They also determined, that, should they engage in war with the Dutch, the commissioners of the united colonies should meet at New Haven, to give all necessary directions respecting the expedition, and to order the war in general. Notwithstanding the fair proposals which Gover- nor S;uyvesant had made, he would submit to no examination by the agents any further than a com- mittee of his own appointing should consent; two of which committee were persons who had been complained of for misdemeanors at Hartford ; and one of them had been confined for his crimes. The agents conceived that the very proposal of such persons as a committee was a high affront to them, to the united colonies, and to the English nation. But in addition to this, the Dutch governor would not suffer the witnesses to speak unless they were previously laid under such restraints as would pre- vent all benefit from their evidence. The agents therefore not only objected to the committee, and declined all connexion with them, but remonstrated against the restraints proposed to be laid on the witnesses ; and finding that nothing could be ef- fected with respect to the design of their agency, they in a spirited manner demanded satisfaction for insults and injuries past, and security against future abuse, and took leave of the Manhadoes. As they returned they took various testimonies respecting the plot; some from the Indians, and others from the English, sworn before proper au- thority ; but before their return the commissioners were dispersed, and the general elections were finished. The courts at Connecticut and New Ha- ven voted their respective quotas of men, appointed their officers, and gave orders that all necessary preparations should be made for the designed ex- pedition. On the election at Hartford, the foraier officers were re- chosen. The time of election, at New Haven, had been changed from October to May; and this year was on the 25th of the month. The governors were the same as they had been for seve- ral years, Eaton and Goodyear. The magistrates were, Mr. William Fowler, Mr. John Astwood, William Leet, Esq., Mr. Joshua Atwater, and Mr. Francis Newman. Mr. Atwater was treasurer, and Mr. Newman secretary. Immediately on the return of the agents from the Manhadoes, the general court of Massachusetts summoned another extraordinary meeting of the commissioners, at Boston, about the latter end of May. The commissioners were the same who com- posed the last meeting, except Mr. Bradstreet, in the room of Governor Endicott, who was obliged to attend the general court. The agents made a report of the treatment which they had received from the Dutch, and of such evi. dence as they had taken of the plot on their return. THE HISTORY OF AMERICA. The commissioners were also certified that the In- dians on Long Island had charged the fiscal (treasurer) with the plot ; and that Captain Under- hill, having reported what the Indians declared, was seized and carried by a guard of soldiers from Flushing to the Manhadoes, where he was confined by the fiscal, until what he had reported was affirmed to his face: then he was dismissed without trial, and all his charges borne. No sooner had the agents taken theii departure from the Manhadoes, than the captain, because he had been active in exhibit- ing the evidence of the Dutch and Indian conspi- racy, notwithstanding all the important services he had" rendered the Dutch, was ordered to depart. The commissioners received a letter from him May 24th, representing the extreme danger in which he and all the English were, assuring them, that as necessity had no law, he had, li'ke Jeptha, put his life in his hand to save English blood ; and that he was waiting their orders, with loyalty to them and the parliament, to vindicate the rights of the nation. The Dutch demanded that all the English among them should take an oath of fidelity to them; which, in case of war, might have compelled them to fight against their own nation. The people of Hampstead, at the same time, repre- sented that they were in the utmost danger, and wrote in the most pressing manner for arms and ammunition to defend themselves. Letters were also sent from Connecticut and New Haven, with intelligence that the Dutch governor, by presents of wampum, coats, and other articles, was exciting the Mohawks and various Indian tribes to rise and attack the English, both on Long Island and on the main. A long letter from the Dutch governor was also received, in which, in general terms, he excused him- self relative to the plot ; but he gave no encourage- ment to hope for the least satisfaction ; or that the colonies should be more safe from injury and insult for the future. Indeed he still insulted them, re- newing the claims, both to Connecticut and New Haven, which he had given up at Hartford. All the commissioners voted for war against the Dutch, excepting Mr. Bradstreet, who was under the influence of the general court of Massachusetts, who were using all their arts to oppose the commis- sioners, and prevent open hostility. The commis- sioners, however, so strenuously urged the justice and necessity of an immediate war with the Dutch, and so spiritedly remonstrated against the conduct of the court, as violators of the articles of union, that they appointed a committee of conference with them, and desired that a statement of the case might be made, and the advice of the elders taken on the subject. The committee of the court were Major Denison and Captain Leveret. The commissioners replied, that their former de- claration, their letter to the Dutch governor, and the evidence before them, afforded clear and suffi- cient light in the affair, but, nevertheless, they ap- pointed Captain Hawthorne, Mr. Bradford, and Governor Eaton, a committee to confer with the gentlemen appointed by the court of Massachusetts. Governor Eaton drew up a statement of the case in behalf of the committee of the commissioners ; but the committee from the general court, would not consent to it, and drew up another statement of their own. Undei the influence of tne general court, and the different representation which their com- mittee had made, the elders gave their opinion : " That the proofs and presumptions of the execra- ble plot, tending to the destruction of so many of the dear saints of God, imputed to the Dutch go- vernor and the fiscal, were of such weight as to in- duce them to believe the reality of it ; yet they were not so fully conclusive as to clear up a'present pro- ceeding to war before the world ; and to bear up their hearts with that fulness of persuasion, which was meet in commending the case to God in prayer, and to the people in exhortations; and that it would be safest, for the colonies to forbear the use of the sword ; but advised to be in a posture of defence and readiness for action, until the mind of God should be more clearly known, either for a more settled peace, or manifest grounds of war." In the mean time all the commissioners, except Mr. Bradstreet, continued determined for war. Governor Eaton insisted that the Dutch had for many years during a succession of governors, rmu- tiplied injuries and hostile affronts with treachery and falsehood against the English, to their very great damage : that these injuries had been fully and repeatedly represented to them, and satisfac- tion demanded"; yet that nothing had been received in return but dilatory, false and offensive answers : he observed that the governor and his associates had been formerly suspected and accused of insti- gating the Indians against the English ; and that now a treacherous and bloody plot had been disco- vered, and charged upon him and his fiscal, by more witnesses than could have been expected ; that by it the peace of the country had been disturbed, their own lives, the lives of their children, and all their connexions, had been in constant jeopardy : that though they had allowed the Dutch governor a fair opportunity of clearing himself, of making sa- tisfaction, and securing the colonies for the future ; yet that by his conduct he had increased the evi- dence of his guilt ; and that he had given the colo- nies no security for their future peace and safety ; nor had they the least reason to expect any : that the English, under the jurisdiction of the Dutch, were in the most immediate danger, not only from them, but the Indians, through their instigation, De- cause they would not submit to an oath to join with them in fighting against their own nation : that the insolence, treachery, and bitter enmity which the Dutch had manifested against the nation of England, and all the English abroad as they had opportunity, were sufficient to assure them that as soon as the States-general should be able to send a small fleet to the Manhadoes, the colonists could not be safe, either in their persons or property, by land or sea : and further, that the state of the commonwealth of England and of the colonies was such as called for war; and that if either of the colonies should refuse to join in it against the common enemy, and if any of the plantations through such refusal should be destroyed, the guilt of such blood would lie upon them. Some faithful people in the Massachusetts were entirely opposed to the conduct of their general court, and ventured to express their opinion. The Rev. Mr. Norris, of Salem, sent a writing to the commissioners, representing the necessity of a war ; and urged that if the colonies in their then present circumstances should neglect to engage in it, it would be a declaration of their neutrality in the contest ; might be viewed in that light by the par- liament ; and be of great and general disservice to their interests : that the spending of so much time in parleys and treaties, after all the injuries they had received, and while the enemy was insulting them, UNITED STATES. 089 and fortifying against them, would make them con- temptible" among the Indians: that it was dishonour- ing God, in whom they professed to trust, and bring- ing a scandal among themselves; and insisted that as their brethren had sent their moan to them, and desired their assistance, if they should refuse, th curse of the angel of the Lord against Meroz would come upon them : and this he said he presented in the name of many pensive hearts. But nothing could induce the Massachusetts to unite with their brethren in a war against the Dutch ; the general court, in direct violation of the articles of confederation, resolved that no determi- nation of the commissioners, though they should all agree, should bind the general court to join in an offensive war, which should appear to such general court to be unjust. This declaration gave great uneasiness to the commissioners, and to the sister colonies ; and it nearly effected a dissolution of their union. The commissioners finding that the Massa- chusetts would not submit to their determination, nor afford any assistance to her confederates, dissolved. In this important crisis, Governor Haynes called a special court on the 25th of June, which resolved, that the fears and distresses of the English, border- ing upon the Dutch, and the damages which they had sustained, should be forthwith represented to the magistrates in Massachusetts : that the opinion of the court respecting the power of the commissioners to make war, and the reasons of their opinion should be communicated : they also determined that their messengers should humbly pray that war might be carried on against the Dutch, according to the deter- mination of the commissioners. The messengers were also instructed to use their influence, that three magistrates might have power to call a meet- ing of the commissioners at Hartford or New Ha- ven, to conduct the affairs of the war as occasion might require ; but if this could not be obtained they were to desire that liberty might be given to enlist volunteers in the Massachusetts, for the de- fence of the colonies. Governor Haynes and Mr. Ludlow were ap- pointed to confer with Governor Eaton and his council on the subject. The court at New Haven were no less clear and unanimous in the opinion of the power of the commissioners to declare war and make peace than the general court at Connecticut ; and that all the colonies were absolutely bound by their determination. Both colonies united in send- ing the messengers, and in the purport of their mes- sage ; but nothing more could be obtained than the calling of another meeting of the commissioners at Boston; who met on the llth of September; and at which the resolutions of the general courts of Connecticut and New Haven were produced, ex- pressing their entire approbation of the determina- tion of the commissioners, and remonstrating against the declaration of the general court of Massachu- setts, and the sense which they had put on the articles of confederation. The general court of Massachusetts returned for answer, that since their brethren of the other colo- nies had apprehensions different from theirs, they judged it might conduce most to peace to wave the point in controversy; and at the same time intimated they had no occasion to answer them. The commissioners refused to accept this as an answer ; and insisted that they had ample powers from all the other colonies to determine in all affairs of peace and war; and that this was consistent with the grammatical and true sense of the articles of HIST. OF AMER. Nos. 87 88. confederation; and that it was totally inconsistent, not only with the articles of union, "but with the welfare of the colonies, that they should be at so much expense and trouble to meet and deliberate on the general interests of the confederates, if their determinations were to be annulled by one court and another. The Massachusetts court, on their part, insisted, that the determinations of the commissioners could not bind them to a war which they could rw)t deem to be just ; and that it was inconsistent with the liberties of the colonies, that their decisions should compel them to action. The commissioners replied, that no power could bind men to do that which was absolutely unlawful ; but that their authority was as absolute, with respect to war and peace, as any authority could be ; and that it was their province only to judge of the justice of the cause : they maintained that it could be no infringment of the rights of the colonies to be bound by the acts of their own agents, vested with plenary powers for those very acts; and represented the religious and solemn manner in which the con- federation was made ; that by its express words, it was a perpetual league for thejn and their posterity, in which their eight commissioners, or any six of them, should have full power to determine all affairs of war and peace, leagues, aids, c. : that every article had been examined, not only by a committee of the four general courts, but by the whole court of Massachusetts, at the time when it was com- pleted : that many prayers were addressed to Heaven for its accomplishment, while it was under conside- ration; and that the carrying of it into execution had been an occasion of abundant thanksgiving: that after practising upon it for ten years, the colo- nies had experienced the most salutary effects, to the great and general advantage of all the confeder- ates : that the violation of it would be matter of great sin in the presence of God, and of scandal before men ; and they referred it to the serious con- sideration of the general court, whether they would not, in his sight who knew all hearts, be guilty of this sin and scandal? The general court earnestly requested that they would drop the dispute, and enter upon business, and their commissioners also pressed the same. But, with a spirit of magnanimity and firmness, becoming their character, they utterly refused ; de- termining, to a man, after drawing a remonstrance against the Massachusetts, to return to their respec- tive colonies, and leave the event with the supreme ruler. No sooner had the general court intelligence of what was transacting, than they dispatched a writ- ing to the commissioners, apparently retracting all which they had before advanced in opposition to them ; but it was expressed in very doubtful Ian guage. However, upon the reception of this, they proceeded to business. Ninigrate, ever since the Pequot war, had been the common pest of the colonies : he had violated all his contracts with them ; had fallen on the Long Island Indians,who were in alliance with theEnglish, and slain many of them ; and carried others, men, women, and children into captivity : and by his hostilities, he gave alarm and trouble to the En- glish plantations on the island, in the neighbour- hood of the Indians. When messengers had been sent to him, demanding that he would return the cap- tives, and desist from war, he absolutely refused ; and would give no account of his conduct; and he had now 3R C90 THE HISTORY OF AMERICA. spent the winter with the Dutch governor, in con- certing measures against the PJnglish colonies ; and had been beyond Hudson's river spiriting up the Indians there, as well as in other quarters, to a general rising against them. The commissioners therefore declared war against him, and appointed the number of men and officers for the service. They also again resolved upon war against the Dutch, and ail the commissioners joined in these resolutions except Mr. Bradstreet ; but they were to no purpose. The general court refused to bear any part in the war against either. The commissioners protested against the members of the court of Massachusetts, as violators of the confederation ; and pressed it as an indispensable duty to avenge the blood of innocents, who had de- pended on them for safety, and had suffered on the account of their faithfulness to the colonies, to re- cover their wives and children from captivity ; to protect their friends from the insults of barbarous and bloody men ; and to vindicate the honour of themselves and of the nation. The Massachusetts nevertheless persisted in their opposition to the commissioners, and would bear no part in the war. Their desertion of their confeder- ates was matter of great injury and distress to them, especially to the people of Connecticut and New Haven ; who were not only obliged to put up with all former insults arid damages from the Dutch, but after they had been at great expense in fortifying and guarding against the Dutch and Indians, and had been worn down with anxiety and watching, from the very opening of the spring, were still left to their fears, and obliged to combine together for mutual defence, in the best manner of which they were capable. The general courts of Connecticut and New Ha- ven were convoked soon after the return of the commissioners. That, at New Haven met. on the 12th of October, and the court at Connecticut on the 25th of November. Both considered the court of Massachusetts as having wilfully violated the articles of union ; and the general court at New- Haven expressly resolved, "that the Massachusetts had broken their covenant with them, in acting directly contrary to the articles of confederation." Both colonies therefore determined to seek re- dress from the commonwealth of England ; Captain Astvvood was appointed agent to the Lord-protector Cromwell, and parliament, to represent their state, and to solicit ships and men for the reduction of the Dutch. Connecticut and New Haven conferred together, by their committees, and letters were sent iu the name of both the general courts, containing a complete statement of their circumstances. The address concluded in the words following : " That unless the Dutch be either removed, or so far at least subjected, that the colonies may be free from injurious affronts, and secured against the dangers and mischievous effects which daily grow upon them by their plotting with the Indians, and furnishing them with arms against the English ; and that the league and confederation between the four united English colonies be confirmed and settled accord- ing to the true sense, and till this year the continued interpretation of the articles, the peace and com- fort of these smaller western colonies, will be much hazarded and more and more impaired. But as they conceive it their duty thus fully to represent their afflicted condition to your excellency, so they humbly leave themselves, with the remedies, to your consideration, and wisdom." As Governor Hopkins was now in England, he was desired to give all assistance in his power to the agent whom they had agreed to send; and Con- necticut dispatched letters to the parliament, to General Monk and Mr. Hopkins. As Stamford was a frontier town, a guard of men was dispatched for its defence ; and Connecticut and New Haven provided a frigate of ten or twelve guns, with forty men, to defend the coast against the Dutch, and to prevent Ninigrate and his In- dians from crossing the sound, in prosecution of his hostile designs against the Indians in alliance with the colonies. The towns bordering upon the Dutch, on Long Island, were in great distress and alarm. Captain Underbill sent to his friends at Rhode Island for assistance ; and, with such Englishmen as he could obtain, made the best defence in his power ; but Hampstead and some other towns were still con- tinually harassed, and suffered much damage and insult from the Dutch. The Dutch, at New Netherlands, waited only for a reinforcement from Holland to attack and reduce the English colonies; and it was reported and feared, that when the signals should be given from, the Dutch ships, the Indians would rise, fire the English buildings, and begin their work of de- struction. Providence, however, combined a number of cir- cumstances for the preservation of the exposed colonies. The defeat of the Dutch fleet by the English, and the spoil which they made upon their trade, prevented the arrival of the expected rein- forcements ; the Indians could not be united ; and many of the sachems said, the English had done them no injury, and they would not fight them ; and the early intelligence, received by the colonies, of the plans which they and the Dutch were concert- ing, and the constant watch and guard which the plantations had maintained, disconcerted them. Other calamities however arose. Some of the towns, and many of the people, in the colonies of Connecticut and New Haven, were so dissatisfied that the war was not prosecuted against the Dutch, according to the resolution of the commissioners, that they were with great difficulty restrained from open mutiny and rebellion. Stamford and Fairfield in particular became very disorderly; the former complaining that the government was bad, and the charges unreasonable, and that they were neglected and deprived of their just privileges; and they sent to the general court at New Haven, desiring them to piosecute the war against the Dutch. They also resolved to raise a number of men, and prayed for permission to enlist volunteers in the several towns. Fairfield held a meeting on the subject, and determined to prosecute the war, and appointed Mr. Ludlow commander-in-chief. He had been one of the commissioners at the severaLoneetings relative to the affair, and had been very zealous and active for the war ; and conceiving himself and the town in imminent danger, unless the Dutch could be removed from the neighbourhood, too hastily accepted of. the appointment. Robert Bas- set and John Chapman, who were the heads of this party, attempted to foment insurrections, and, with- out any instructions or authority, to raise volunteers for an expedition against the Netherlands. The general court at New Haven judged that the season was too far advanced to undertake the enter- prise, but nevertheless determined to consult Con- necticut, and to proceed or not as the council there UNITED STATES. 691 should judge most expedient ; who decided that as it was now the latter part of November, ships and men could not be seasonably provided. Deputy-governor Goodyear and Mr. Newman, who were dispatched to Stamford to compose the minds of the people, called a meeting of the town, and laboured to quiet them ; but could make no impression upon them until they read an order of the committee of parliament, requiring that the plantations should be in subjection to the authority of their respective jurisdictions, which appeared to have some good effect. But as the inhabitants had been at great expense, not only in watching and guarding the town, but in erecting fortifications about the meeting-house, they insisted that the colony should bear a part of the expense, and pro- vide a guard during the winter T he public bur- thens this year were great; the expenses of the colony of New Haven being about 400/. The court made some abatements in favour of Stamford; but Basset and Chapman were punished for attempt- ing to make an insurrection in the colony, and others were bound in large bonds to their good be- haviour. The general court of Connecticut, at their session in November, ordered that 201. should be paid to the support of a fellowship in Cambridge college. The. death and character of Governor Haynes The freemen of Connecticut meet, and appoint a mo- derator Mr. Ludlow removes to Virginia The spirited conduct of the people at Milford in recover- ing Afanning's vessel The freemen add to the fundamental articles Fleet arrives at Boston for the reduction of the Dutch The colonies agree to raise men to assist the armament from England Peace prevents the expedition The general court at New Haven charge the Massachusetts with a breach of the confederation They refuse to join in a war against Ninigrate, and oblige Connecticut and New Haven to provide for the defence of them- selves and their allies Ninigrate continuing his hostile measures, the commissioners send messengers to him His answer to them They declare war, and send an army against him The art of Massa- chusetts, and the deceit of Major Willard, defeat the designed expedition The number of rateable polls, and the amount of the list of Connecticut The Pequots are taken under their protection Ninigrate persisting in his hostilities against the Indians upon Long Island, the general court adopt measures for the defence of the Indians and the English Inhabitants there New Haven complete and print their laws The answer of New Haven to the protector's invitation, that they would remove to Jamaica Reply of the commissioners to the Dutch governor Uncas embroils the country Deaths and characters of Governors Eaton and Hopkins Settle- ment of Stonington Mr. Winthrop chosen governor The third fundamental article is altered by the freemen Mr. Fitch and his church and people re- move to Norwich Final settlement of accounts with ths heirs of Mr. Fenwick Deputy-governor Mason resigns the Moheagan lands to the colony. (1654.) The colony sustained a great loss this year in the death of Governor Haynes. He had from the beginning employed his estate and labours for its emolument, and bore a large share in its hardships and dangers. He was a gentleman, origin- ally from the county of Essex, in England, where he had an elegant seat, called Copford Hall, worth 1,00(M. sterling a-year. He came into New Eng- land with the Rev. Mr. Hooker, in 1632, and settled with him first at Cambridge in Massachusetts. His distinguished abilities, prudence, and piety so re- commended him to the people, that in 1635 he was chosen governor of Massachusetts ; and he was not considered in any respect inferior to Governor Win- throp. His growing popularity, and the fame of Mr. Hooker, who, as to strength of genius, and his lively and powerful manner of preaching, rivalled Mr. Cotton, were supposed to have had no small influence upon the general court, in their granting liberty to Mr. Hooker and his company to remove to Connecticut. Mr. Hopkins was in England, and the colony had neither governor nor deputy-governor present to act in its behalf. The freemen therefore in February convened at Hartford, and elected Mr. Thomas 'Wells moderator of the general court, until a governor should be chosen. About this time there happened a great contro- versy between Uncas and the inhabitants of New London, relative to their respective limits ; and the inhabitants carried the dispute so far as to rise and take possession of his forts and many of his wig- wams; but the assembly interposed and gave orders, that the Indians should not be injured, and that the people should be accountable for all damages which they had done them; and a committee was ap- pointed to fix the boundaries between New London and Uncas, and to compose all differences between the parties. Nearly at the same time the colony received an order from the English parliament, requiring that the Dutch should be treated, in all respects, as the declared enemies of the commonwealth of England. In conformity to this order, the general court was convened, and an act passed sequestering the Dutch house, lands, and property of all kinds at Hartford, for the benefit of the commonwealth; and the court also prohibited all persons whatsoever from improv- ing the premises, by virtue of any former claim, or title, Had, made, or given by any of the Dutch nation, or any other person, without their approbation. In the proclamation for a general fast this spring, the great breach sustained by the colony, in the death of the governor ; the alienation of the colo- nies, on account of the violation of the articles of confederation ; the spreading of erroneous opin- ions in the churches ; the mortality which had been among the people of Massachusetts ; and the calamitous state of the English nation, were parti- cularized as matters of humiliation. The colony was this year deprived of Mr. Ludlow, one of its chief magistrates. He was one of the most zealous for prosecuting the war against the Dutch, and no one was more displeased that the colonies did not follow the determinations of the commissioners ; he might apprehend himself to be particularly in danger at Fairfield ; and besides, he had taken a very hasty and unadvised step in ac- cepting the command of men to go against the Dutch without any legal appointment ; and he had, no doubt, apprehensions on that account, or at least that the freemen would neglect him ; and for some, or all of these reasons, about this time, he removed with his family to Virginia. He was clerk of the town of Fairfield, and carried off their records and other public writings. He came originally from, the west of England with Mr. Warham and his company ; and in 1630 he was chosen into the ma- gistracy of the Massachusetts' company, and iu 1634, deputy-governor of that colony ; he had been 692 THE HISTORY OF AMERICA. twice elected deputy-governor of Connecticut, and was every year magistrate or deputy- governor, from his first coming into the colony in 1635, until the time of his departure. He appears to have been distinguished for his abilities, especially his know- ledge of the law, and the rights of mankind ; and he rendered most essential services in forming the original civil constitution, and in compiling the first Connecticut code, printed at Cambridge in 1672 : had he but possessed a happier temper, he would have been the idol of the people, and shared in all the honours which they could have given him. Nearly about the same lime, an affair happened in which the people of Milford exhibited a noble spirit of zeal and enterprise. One Captain Man- ning, master of a ten-gun ship had been apprehend- ed for an unlawful trade with the Dutch, at the Mari- hadoes ; and while the affair was upon trial before the court at New Haven, his men ran off with the ship from Milford harbour; but the people com- pletely armed and manned a vessel, with so much dispatch, that they pressed hard upon the ship be- fore she could reach the Dutch island ; and the men perceiving they must be taken, unless they immedi- ately abandoned the ship, made their escape in their boat ; the ship thus left adrift, was recovered, and brought into Milford harbour, and, with all her goods, condemned as a lawful prize. At the general election, MJ. "Hopkins, though in England, was chosen governor. Mr. Wells was appointed deputy-governor. Mr. Webster, Mr. Mason, Mr. Winthrop, Mr. Cullick, Mr. Wolcott, Mr. Clark, Mr. Wyllys, son of George Wyllys, and Mr. John Talcott, were elected magistrates. Mr. Cullick was secretary, and Mr. Talcot treasurer. At this court, the freemen passed the following resolution as an addition to the fundamentals of their constitution : " That the major part of the magistrates, in the absence of the governor and de- puty-governor, shall have power to call a general court; and that any general court being legally called and met, the major part of the magistrates and deputies then met in the absence of the gover- nor and deputy-governor, shall have power to choose unto, and from among themselves, a mode- rator, which being done, they shall be deemed as legal a general court as if the governor or deputy- governor were present." At the election in New Haven, the only altera- tion in public officers was the addition of Mr. Sa- muel Eaton, of New Haven, to the magistrates, and the choice of Mr. Benjamin Fenn, in the room of Captain John Astwood. About the same time, in answer to the petitions of Connecticut and New Haven, Major Sedgwick and Captain Leveret arrived at Boston, from En- gland, with a fleet of three or four ships, and a small number of land-forces, sent by Cromwell the lord-protector, for the reduction of the Dutch. On the 8th of June, Governor Eaton received a letter from the protector, certifying that he had sent ships and ammunition for the assistance of the colo- nies ; and with this came a letter from Major Sedg- wick and Captain Leveret, requesting that com- missioners might be sent immediately from each of the governments, to consult with them on the ob- jects of the designed expedition. Mr. William Leet and Mr. Jordan were appointed commission- ers for New Haven ; and were authorized to engage, in behalf of that jurisdiction, to furnish all the men and provisions which it could spare. An embargo was laid on all provisions, and every measure adopted that the utmost assistance might be given in the enterprise; and such was the zeal of the general court, that they instructed their commissioners to engage the assistance of that colony, though no other, except Connecticut, should join with them. On the 13th of June, the general court of Con- necticut convened at Hartford, and appointed Ma- jor John Mason and Mr. Cullick commissioners. They were directed to proceed with the utmost dis- patch to Boston ; and, in behalf of Connecticut, to engage any number of men, if possible not ex- ceeding two hundred, but rather than the expedition should fail, four or five hundred. The general court of Massachusetts was convoked on the 9th of June, but did not agree to raise any nen themselves ; but they granted liberty, never- heless, for Major Sedgwick and Captain Leveret to raise five hundred volunteers. The commissioners finally agreed upon 800 men, as sufficient for the enterprise. The ships were to furnish two hundred soldiers ; three hundred volunteers were to be raised in Massachusetts; two hundred men were to be sent from Connecticut ; and a hundred and thirty- three from New Haven. But while preparations ere making with vigour and dispatch, the news of peace between England and Holland prevented all further proceedings relative to the affair. The total defeat of the Dutch fleet, the loss of Admiral Tromp and a great number of their mer- chantmen, made the Dutch in earnest for peace ; and it was expeditiously concluded on the 5th of April. The news of it arrived in America almost as soon as the fleet; and the commander-in-chief therefore employed his forces, with the Massachu- setts volunteers, in dispossessing the French from Penobscot, St. John's, and the adjacent coast. This was doubtless one object of the expedition, and not undertaken without orders from the pro- tector. It w r as not expected that there would have been any meeting of the commissioners this year ; as Massachusetts had violated the articles of union, and the colonies had protested against them, as breakers of the most solemn confederation. The general court of Massachusetts had also represented to the other colonies, that the articles needed ex- planation and emendation, that they might be con- sistent with the rights of the several general courts; and indeed it had proposed a meeting of the com- missioners for that purpose ; but the other colonies viewed the articles as perfectly intelligible, and con- sistent with the rights of the confederates ; and they therefore rejected the motion. The general court of New Haven had voted that there was no occasion for appointing commissioners that year. On the 5th of July, Governor Eaton received a letter from the general court of the Massachusetts, waving an answer to the letter jointly written from the general courts of Connecticut and New Haven, and lamely excusing their non-compliance with the resolution of the commissioners, on the account of their not being able to apprehend the justice of the war with the Dutch and Ninigrate. They com plained of the other colonies, for treating them as violators of the confederacy ; professed themselves to be passionately desirous of its continuance, ac- cording to the genuine construction of the articles ; and gave notice that they had chosen commission- ers, and had determined to empower them as had been usual. The general court at New Haven replied, that they and the other colonies had justly charged them UNITED STATES. 693 with a violation of their covenant, and urged, that, according to their own interpretation of the articles, they stood responsible to them for the infraction ; and that, according to the eleventh article of the confederation, they were to be treated by them ac- cording to the magnitude of their fault; that her sister colonies had not only condemned their con- duct, but had sent messengers and taken proper pains to inform them, and adjust the difference be- tween them ; but that they had treated them in a very disagreeable manner, and their endeavours had been to no good purpose ; but added that, never- theless, if the combination might be again firmly settled, according to the original intention and grammatical sense of the articles, they would, with- out further satisfaction, forgetting what was past, cheerfully renew their covenant, and send their commissioners to meet, at any time and place, for that end. This wa? subscribed by the secretary, and sent to Hartford, to be subscribed by the gene- ral court of Connecticut; and to be transmitted in the name of each of the colonies to the Massachu- setts; and this it seems was done. As the general court of the Massachusetts would not join with the confederated colonies against Nini- grate, he prosecuted the war against the Long Island Indians, and it was supposed that his design was to destroy both those Indians and the Mohea- gans ; for which purpose he had hired (he Mohawks, Pocomtocks, and Wampanoags, afterwards called Philip's Indians, to assist him. By a collection of such numbers of Indiana from tha westward, north- ward, and eastward, the general peace of the country would have been greatly endangered, and the Long Island Indians, who had put themselves under the protection of the English, exposed to a total extir- pation. They had already been obliged, not only to fortify themselves, and to use every precaution for their own defence, but to suffer the loss of many of their people, who had been already either slain or captured. The deputy-governor and council of Connecticut judged it an affair of such importance, that they determined to dispatch Major Mason, with ammu- nition, and a number of men, to the assistance of the Indians upon the Island : and the deputy-governor and Mr. Clark acquainted Governor Eaton with their views and determination, and desired that the colony of New Haven would send Lieutenant Seely, with a detachment of men, and with supplies of ammunition, to second their design. The court of New Haven complied with the desire of Connec- ticut ; and Lieutenant Seely had orders to join Major Mason at Saybrook. They were instructed to sequent the Montauket Indians, that the colo- nies made them that present of ammunition, wholly for their own defence, and not to enable them to injure Ninigrate, or any other Indians, unless they should make an attack upon them ; and that, while they continued faithful to the English, they would bj their friends. It was at the same time ordered that, if Ninigrate should invade the Long Island Indians, the English officers should use their en- deavours to persuade them to peace, and to refer their differences to the decision of the commission- ers ; but if he would fight, they were commanded to defend themselves, and the Indians in alliance with the colonies, in the best manner they could. In September the commissioners convened at Hartford. They consisted of the following gentle- men, Mr. Simon Bradstreet, Major Deuison, Mr. Thomas Prince, Mr. John Brown, Major Mason, Mr. John Webster, Governor Eaton, and Mr. Francis Newman. Governor Eaton was chosen president. They immediately dispatched messen- gers to Ninigrate, demanding his appearance at Hartford, and the payment of the tribute so long due for the Pequots under him ; and on the 18th, Mr. Jonathan Gilbert returned, and made a report of Ninigrate's answer, in the following words : ' Concerning the Long Island Indians, he an- swered, wherefore should he acquaint the commis- sioners, as the Long Island Indians began with, him, and had slain a sachem's son, and sixty of his men ; and therefore he will not make peace with the Long Islanders; but doth desire that the En- glish will let him alone ; and that the commissioners would not request him to go to Hartford; for he hath done no hurt. "What should he do there.? If our governor's son were slain, and several other men, would you ask counsel of another nation, how and when to right yourselves ? And added, that he would neither go nor send to Hartford. Con- cerning the upland Indians, his answer was, that they were his friends, and came to help him against the Long Islanders, who had' killed several of his men. Wherefore should he acquaint the commis- sioners of it ? He did but right his own quarrel, which the Long Islanders began with him." With, respect to the tribute due for the Pequots, though he had never paid it, yet he pretended there was none due. The commissioners considering his perfidious con- duct the last year, his present answer, and that lenity and forbearance had been an encouragement of his insolence and barbarity, ordered forty horse- men, and two hundred and seventy infantry to be raised, to chastise his haughtiness. The Massa- chusetts were to raise the forty horsemen, and a hundred and fifty-three footmen ; Connecticut forty- five, and New Haven thirty-one. Orders were also given, that twenty horse from Massachusetts, twenty- four men from Connecticut, and sixteen from New Haven, should be immediately dispatched into the Nehantick country ; and the commissioners nomi- nated Major Gibbons, Major Denison, or Captain Atherton, to the chief command ; leaving it, in com- plaisance to the general court of Massachusetts to appoint which of the three should be most agreeable to them; but the Massachusetts' court rejecting these who were men of known spirit and enterprise, appointed Major Willard. The commissioners in- structed him to proceed with such troops as should be found at the place of general rendezvous, by the 13th of October, directly to Ninigrate's quarters, and demand of him the Pequots, who had been put under him, and the tribute which was due ; and if Ninigrate should not deliver them and pay the tri- bute, he was required to take them by force. He was also instructed to demand of Ninigrate a ces- sation from all further hostilities against the Long Islanders ; and if he would not comply with these demands, he had express orders to subdue him ; and if a greater number of men should be found necessary, his instructions were to send for such a number as he should judge sufficient to carry the expedition into effect. The place of rendezvous was at Thomas Stanton's, in the Narraganset country ; but when the major arrived there, he found that Ninigrate had fled into a swamp, at fourteen or tifteen miles distance from the army, and had left his country, corn, and wigwams, without defence; which might have been laid waste, without loss or danger ; but the major neglected the opportunity. 694 THE HISTORY OF AMERICA. About a hundred Pequots took this opportunity to renounce the government of Ninigrate, and to put themselves under the protection and government of the English. The major, on his return, pleaded in excuse, that his instructions were equivocal, and the season for inarching unfavourable. The commissioners, how- ever, were very dissatisfied, and observed to him, " That while the army was in the Narraganset country, Ninigrate had his mouth in the dust ; and that he would have submitted to any reasonable terms which might have been imposed upon him ;" and they charged the major with neglecting an op- portunity of humbling his pride ; and referred it to his consideration what satisfaction ought to be ex- pected from him, and those of his council, who ad- vised and joined with him in his measures. (1655.) Governor Hutchinson has observed, that Major Willard was a Massachusetts man, and al- though that colony had so far complied with the rest, as to join in sending out the forces, yet they were still desirous of avoiding an open war. This was the second time of their preventing a general war, contrary to the minds of six of the commis- sioners of the other colonies. The whole number of rateable persons in the colony of Connecticut this year was 775, and the grand list was 79,073/. By the number of persons, and the amount of the lists in each town, an idea may be formed of their proportion to each other. Towns. Persons. Estates. Hartford, 177 19,609 Windsor, 165 15,833 Weathersfield, 113 12,602 Fairfield, 94 8,634 Saybrook, 53 4,437 Stratford, 72 7,958 Farmington, 46 5,519 Middletown, 31 2,172 Norwalk 24 2,309 775 79,073 Upon the election at Hartford, Thomas Wells, Esq. was chosen governor, and Mr. John Webster, deputy-governor. The magistrates elected, were Mr. Hopkins, Mr. Mason, Mr. Winthrop, Mr. Wol- cott, Mr. Cullick, Mr. Clark, Mr. Wyllys, Mr. Tal- cott, Mr. John Cosmore, and Mr. Thomas Tapping Mr. Cullick was secretary, and Mr. Talcott treasurer. At the general election in New Haven, this year, there was no alteration of their officers. The Pequots persevering in their petitions to be taken under the protection and government of the English, the commissioners this year granted their request ; and places of residence were subsequently appointed for them by the general court of Con- necticut, about Pawcatuck and Mistic rivers. They were allowed to hunt on the lands west of the latter, and were collected together in these two places, and an Indian governor was appointed over them in each place. General laws were made for their govern- ment. Blasphemy, murder, witchcraft, and con- spiracy against the colonies, were prohibited upon pain of death ; and sabbath-breaking, adultery, and drunkenness, were prohibited under proper penal- ties ; he who stole was required, on conviction, to pay double damages : they were prohibited to make war with other Indians, or to join with them in their wars, unless it were in their own just defence, with- out the consent of the commissioners of the united colonies ; and they were obliged to submit to the Indian governors, whom they should appoint over them, and pay them the same tribute which they had stipulated to pay to the English. After the return of Major Willard and the troops under his command, from the Narraganset country, N migrate assumed his former animosity, and con- tinued the war against the Indians upon Long Island. Mr. Thomas James, minister of Easthamp- ton, Captain Tapping of Southampton, Captain Un- derbill and others, wrote to the commissioners, that both the English and Indians on the Island were in a calamitous and distracted condition, and in im- minent danger on account of his constant hostilities. They assured them, that the Indians upon the Is- land could not hold out much longer, but must sub- mit themselves and their country to the Narragan- sets, unless they should have some speedy assistance; and entreated them to consult some effectual mea- sures to prevent such a calamity. In con&equence of this intelligence they ordered that a vessel, well armed and manned, should lie in the road between Neanticut and the Island, to watch the motions of Ninigrate ; and if he should attempt to pass the sound, to stave and destroy his canoes. Captain John Youngs was appointed to command this vessel of observation ; and was authorized to draught men from Saybrook and New London, as emergencies might require. An encouraging mes- sage was sent to the Montauket sachem, acquaint- ing him with the measures the English were taking for his defence ; and the commissioners sent him a supply of ammunition. Provision was also made that South and East Hampton, with all the adjacent towns, should be completely furnished with all articles necessary for war ; and orders were given that if the Indians could not maintain their ground, in any assault, they should flee towards some of the neighbouring towns ; and that if the enemy should pursue them within two miles of any of the settle- ments, the inhabitants should immediately repair to their assistance. Intelligence of these resolutions was dispatched to the Narragansets, as well as the Long Islanders. All the united colonies were exceedingly offended at the conduct of Major Willard, except the Massa- chusetts, under whose influence he was supposed to act ; and the general court at New Haven resolved, that he had not followed his instructions in the ex- pedition against Ninigrate; but that they were willing to suspend their judgment, with respect to the measures to be taken with him, until they should be certified of the opinions of the other confederates. Whatever their opinions or wishes were. Major Willard was safe under the wing of the Massachu- setts ; and Connecticut and New Haven had prin- cipally to bear the unhappy consequences of his perfidious conduct; and they were obliged the next year, at their own expense, to continue the com- mission of Captain Youngs to cruise between the main and Long Island, to prevent the designs of Ninigrate; and they also found it necessary to furnish both men and provisions for the defence of the Islanders. Governor Eaton had been desired to perfect a code of laws for the colony of New Haven ; and for his assistance in the compilation, he was requested by the general court to consult the Rev. Mr. Cot- ton's discourse on civil government in a new plan- tation, and the laws of Massachusetts. Having ac- complished the work, and the laws having been examined and approved by the elders of the juris- diction, they were presented to the members of the general court, who ordered that 500 copies should UNITED STATES. 695 be printed ; and the copy was sent to England tha the impression might be made under the inspectioi of Governor Hopkins, who procured them to b printed at his own expense, and sent back th number proposed, with some other valuable book as a present. The laws were distributed to th several towns in the jurisdiction. This year died Henry Wolcott, Esq., in the 78tl year of his age. He was the owner of a good estat* in Somersetshire, in England; and his youth, it i said, was spent in gaiety and country pastimes ; bu afterwards, under the instructions of Mr. Edwarc Elton, his mind was entirely changed, and turne to religious subjects. As the puritans were then treated with great severity, he sold about 8,000/ worth of estate in England, and arrived in Nev England with Mr. Warham, in May 1630, and set tied first at Dorchester, in Massachusetts. In 1636 he removed to Windsor, and was one of the princi pal planters of that town ; and was chosen into the magistracy in 1643. He left an estate in Englam which rented at about 60/. a-year, which the familj for some time enjoyed ; but it was afterwards sold After his decease, some one of his descendants was annually chosen into the magistracy for a term o: nearly eighty years, until the year 1754, when Go. vernor Wolcott left the chair. At the election in Connecticut, Mr. John Webstei was chosen governor, and Mr. Wells deputy-go- vernor. This was the only alteration in the magis- tracy. (1656.) At New Haven the former governors and magistrates were re- chosen ; and Mr. John Wakeman was appointed treasurer. The general court took great pains to put the colony in a state of defence. Orders were given for the raising a troop of sixteen horse in the five towns upon the sea-coast, with complete arms and furniture, who, for their encouragement, were exempted from taxa- tion, and from training with the foot, and were to enjoy all the privileges of troopers in Massachusetts. This was the first troop in any part of Connecticut. It was also ordered, that all the common soldiers should be trained to shooting at a mark; that they should be furnished with ammunition for that pur- pose at the public expense, and that prizes should be prepared for the best marksmen ; and the soldiers were directed to play at cudgels, and at the broad sword, that they might know how to defend them- selves and their country. The protector, Cromwell, having conquered Ja- maica, made it a favourite object to remove the people of New England to that island ; and art- fully represented, that they had as great an induce- ment to transport themselves from New England to Jamaica, as they had for emigrating from Old Eng- land to New, for the advancement of their interests; and he likewise represented, that it would have a tendency to the destruction " of the man of sin :" he wrote particularly to New Haven on the subject, and sent them a copy of his instructions relative to the affair. Governor Eaton had, some time before this, laid the letters received on this subject before the gene- ral court. The several plantations in the colony had been made acquainted with their contents, and the deputies had been desired to return their opinion to the court, and after a long and serious debate, the court resolved, " That though they could not but acknowledge the love, care, and tender respect of his highness, the Lord Protector, to New England in general, and to this colony in particular, yet, for divers reasons, they cannot conclude that God calls them to a present remove thither." And the go- vernor was desired to write to the lord-protector, acknowledging his great care and love towards the colony. The commissioners of the united colonies, who this year held their meeting at Plymouth, received a very plausible letter from Stuyvesant, the Dutch governor, expressing his joy that God had quenched the bloody war between the Dutch and the English, in Europe; and expressing his warm desires that it might redound to the great advantage of the sub- jects of the two nations in these remote parts of the earth, he solicited a nearer union between the Dutoh and the united colonies ; and at the same time cer- tified, that he had received a ratification of the agreement made at Hartford, in 1650, under the seal of the High and Mighty States of the United Bolgic Provinces ; and desired that time and place might he appointed for delivering and interchanging the ratifications. The governor was so well known to the commis- sioners, that neither the plausibility of his letter, nor the very Christian manner in which it was writ- ten, made any deep impression upon them. They replied, in short, that the peace was matter of joy to them, and they wished the continuance of it in Europe, and in all the plantations abroad ; and gave assurances that the preservation of it should be their constant endeavour. Nevertheless, they gave no intimation that they desired a nearer union, or to ratify the agreement : and observed, that no repara- tion for the damages had been made the colonies, and that they had not heard that he designed to make any ; that they heard he yet laid claim to Oyster bay, and that he had made no proper resig- nation of Greenwich ; and therefore desired him to be explicit on these points. The last year, complaints were made to the court at New Haven, that the inhabitants of Greenwich were under little government, and behaved them- selves in a lawless manner. They acknowledged to drunkenness among themselves, and among the In- dians, by i-eason of which damages were done to hemselves and to the towns in the vicinity, and the lublic peace was disturbed. They also received ihildren and servants who fled from the correction f their parents and masters, and unlawfully joined persons in wedlock, with other misdemeanors. Upon this, the general court asserted their right o Greenwich, and ordered the inhabitants to sub- nit to their jurisdiction ; but they continued much n the same state, and sent a letter to the court in May denying their jurisdiction, and refusing any ubjection to the colony, unless they should be com- iclled to it by the parliament. The court therefore esolved, that unless they should appear before the ourt, and make submission by the 25th of June, tichard Crab and others, who were the most stub- iorn among them, should be arrested and punished ccording to law; and they ultimately subjected bemselves to the government of New Haven. Uncas, though friendly to the English, appears to ave been a turbulent sachem, who by his violent onduct and provoking language was often embroil- ng the country, and bringing trouble upon himself nd the colonies. He inade an assault upon the 3 odunk Indians at Hartford; and he, or his brother, nvaded the Norwootucks ; he upbraided the Narra- ansets with their slaughtered sachems, and chal- enged them to fight; and among other instances f misconduct, he proved treacherous to the Mon- 696 THE HISTORY OF AMERICA. taukct sachem, and joined with Ninigrate in his perfidious practices. By these means the country was so disquieted, that it was with great difficulty the commissioners maintained the general peace ; who at last interposed, and obliged Uncas to make restitution to the Indians whom he had injured, and prohibited his making war without their consent and advice; but after all "their precautions, the country was still more alarmed the next year. (1657.) In April, the Indians committed a horrid murder at Farmington, and besides Mesapano, who was the principal actor, the Norwootuck and Po- comtock Indians were supposed to be accomplices ; and the Montaukets, after all the trouble and ex- pense which the English had been at for their de- ' fence, became tumultuous, and did great damage to the inhabitants of Southampton. The general court at Hartford gave orders that the Indians, who perpetrated the murder at Farm- ington, should be apprehended, and that the sachems of the Pocomtock and Norwootuck Indians should deliver up the delinquents among them ; and Major Mason was ordered with a detachment to Long Is- land, to bring the Indians there to a just and peace- able conduct, and adjust affairs between them and the English. At the general election in Connecticut, 1657, Mr. John Winthrop was elected governor, and Mr. Thomas Wells deputy-governor. Mr. Webster was chosen the first magistrate. The other officers were the same who had been appointed the last year. The freemen, at the election in New Haven, made no alteration in their magistrates. The general court at Hartford this year was un- commonly thin, consisting of twenty-two members only. The danger of the plantations, and of par- ticular families, from the hostile state of the In- dians, appears to have been the reason of this slender assemblage. The Montaukets, Moheagans, Narragansets, and Norwootucks, engaged in im- placable wars with each other, and often pursued one another into the English plantations, and even into the houses, and killed each other in the pre- sence of the families, to their great alarm and asto- nishment. Uncas was so pressed by the Narragan- sets, that Connecticut was obliged to send men to his fortress to assist him in defending himself against them, and the Narragansets consequently, in several instances, threatened and plundered the inhabitants of Connecticut. In consequence, when the commissioners met in September, they sent messengers to the Indians ge- nerally, commanding them to cease from war, until their grievances, and the grounds of their conten- tions, should be heard : they assured them that they would hear and determine impartially, without fa- vouring any of the parties ; and represented to them the covenants which they had made with the Eng- lish, and the entire inconsistency of their conduct with those engagements. This year the colony of New Haven, and indeed all the New England colonies, sustained a heavy loss in the death of Governor Eaton. He was a minister's son, born in England, at Stony Stratford, in Oxfordshire, and was brought up as an East India merchant, and was sometime deputy-governor of the company trading to the East Indies. For se- veral years he was agent for the king of England at the court of Denmark ; and after his return he was a merchant of great business and respectabiMty in the city of London. Upon the persecution of the puritans by Laud, he left his native country and came into New England with Mr. Davenport, his minister, in 1637 ; and was one of the original patentees of the Massachusetts, and soon after his arrival was chosen one of the magistrates of that colony; and on the settlement of New Haven he was chosen governor of that colony, and was annu- ally re-elected until his death. He is represented as a comely man, and the impartiality with which he administered justice was exemplary. In honour to his memory, and the good services which he had rendered the colony, his funeral charges were borne, and a handsome monument erected at the public expense. Nearly at the same time died his son-in-law, Ed- ward Hopkins, Esq., for a number of years governor of Connecticut, where he conducted the affairs of government with great integrity, and was universally beloved. He was a man of exemplary piety and charity ; and besides the relief he dispensed to the poor with his own hands, he gave considerable sums pf money to others to be disposed of to chari- table purposes. When he went into England, on the occasion of his brother's death, who had been warden of the English fleet, he designed to return again to his family and friends in New England; but he was very soon particularly noticed, and. made first warden of the fleet in the room of his brother. He was then chosen commissioner of the admiralty and navy, and finally member of parlia- ment. These unexpected preferments altered hig designs, and determined him to send over for his family, and to spend the remainder of his days in his native country; but his constitution was entirely wasted, and he died in the 58th year of his age. ; His will was highly expressive of that publii spirit and charity which had so distinguished hiir in life. A part of his estate in New England way disposed of to charitable purposes ; and to hij friends ; and the remainder he bequeathed to his " father, Theophilus Eaton, Esq., Master John Da- venport, Master John Cullick, and Master William Goodwin, in full assurance of their trust and faith- fulness, in disposing of it according to the true in- tent and purpose of him, the said Edward Hopkins, which was to give some encouragement in those foreign plantations, for the breeding up of hopeful youths, in a way of learning, both at the grammar- school and college, for the public service of the country, in future times." He also made a dona- tion of 500/. more, out of his estate in England, to the said trustees, in further prosecution of the same public ends, " for the upholding and promoting the kingdom of the Lord Jesus Christ, in those parts of the earth." This last donation was considered as made to Harvard-college, and, by virtue of a de- cree in chancery, was paid in 1710. The interest given in New England was estimated at about 1000/. sterling ; and was appropriated to the sup- port of the grammar-schools in New Haven, Hart- ford, and Hadley. The money originally belonged to New Haven and Hartford; but as a considera- ble number of the people of Hartford afterwards removed to Hadley, and were principal settlers of that town, they received their proportion of the donation. (1658.) At a general court in Hartford, March llth, 1658, a troop of thirty horsemen was esta- blished in Connecticut, and Richard Lord was ap- pointed captain. This year there was a very considerable altera- tion with respect to governors and the council, both in Connecticut and New Haven. At the electioa UNITED STATES. G97 in Connecticut, Thomas Wells, Esq., was elected governor, and John Winthrop, Esq., deputy- go- vernor. To the magistrates last year, who were again re-chosen, there was an addition of Mr. Mat- thew Allen, Mr. Phelps, Mr. John Wells, Mr. Treat, Mr. Baker, Mr. Mulford, and Mr. Alexander Knowles. There appear to have been sixteen magistrates, and twenty-six deputies ; making forty- two members. On the election at New Haven, Mr. Francis Newman was chosen governor, and William Leet, deputy-governor. Mr. Jasper Crane was added to the magistrates, and Mr. William Gibbard was ap- pointed secretary. This year a considerable settlement was made in the tract between the Mistic and Pawcatuck rivers; formerly called Pequot, and originally belonging to New London. The first man who had settled upon this spot, was William Cheesebrough, from Rehoboth, in 1649: when a complaint was exhi- bited against him for carrying on an illicit trade with the Indians, for repairing their arms, and endangering the public safety ; and the general court of Connecticut declared that they had a clear title to those lands ; summoned him before them ; and reprimanded him for settling upon them with- out their approbation ; for withdrawing himself from Christian society and ordinances ; and for unlaw- fully trading with and assisting the Indians. He confessed his faults; but pleaded, in excuse, that he had been encouraged by Mr. Winthrop, who claimed a right at Pawcatuck ; and as he gave bonds for his good conduct, he was allowed to con- tinue upon the land ; and the court promised him, that if he would procure a sufficient number of planters, they would give them all proper encou- ragement, in making a permanent settlement. About ten or twelve families this year made set- tlements in that quarter ; and finding that there was a controversy between Connecticut and the Massachusetts, with respect both to title and juris- diction, they, on the 30th of June, entered into a voluntary contract to govern themselves, and con- duct their affairs in peace, until it should be deter- mined to which colony they should submit. The principal planters were George Denison, Thomas Stanton, Thomas Shaw, William Elisha, and Sam- uel Cheeseborugh, and Moses and Walter Palmer. These, with some others, were signers of the vo- luntary compact. At the meeting of the commissioners, the Massa- chusetts claimed that tract of country, by virtue of the assistance which they afforded Connecticut in the conquest of the Pequots. The commissioners re- solved, " That the determination did arise only from the several rights of conquest, which were not greatly different ; yet that being tender of any in- convenience which might arise to those who were already possessed, either by commission from Mas- sachusetts or Connecticut, in any part thereof, should they be put off their improvements ; also, upon inquiry, finding that the Pequot country, which extended from Nehantick to Wekapaug, about ten miles eastward from Mistic river, may conveniently accommodate two plantations, did, respecting things as they then stood, conclude, that Mistic river be the bounds between them, as to pro- priety and jurisdiction, so far as conquest may give title. Always provided, that such as are already accommodated, by commission of either of the said governments, or have grants of any tracts of land, n either side of the Mistic river, be not molested in any of their possessions or rights, by any other grants." Upon the petition of the planters the general court of the Massachusetts made them a grant of eight miles from the mouth of Mistie river towards Wekapaug, and eight miles northward into the country, and uamed the plantation Southerton. It continued under the government of Massachusetts until after Connecticut obtained a royal charter. This was a year of great sickness and mortality in Connecticut, and in New England in general. Religious controversies at the same time ran high, and gave great trouble to church and common- wealth ; and the Indians continued their wars with implacable animosi.y. The commissioners em- ployed all their wisdom and influence to make peace ; but they could not reconcile those barba- rians : and the crops were light, and it was a year of fear, perplexity, and sorrow. (1659.) John Winthrop, Esq. was chosen gover- nor of Connecticut for the year 1659, and Thomas Wells, Esq. deputy-governor. Captain Tapping and Mr. Robert Bond were elected magistrates, in, the room of Mr. Knowles and Mr. Mulford. At the election in New Haven, the same gover- nor and council were re-chosen , and indeed little alteration was made with respect to them, until the union of that colony with Connecticut. At the October session, Cromwell bay, or Se- tauket, on Long Island, at the desire of the inha- bitants, was admitted as a member of the jurisdic- tion of Connecticut (1660.) Mr. John Winthrop was re- chosen gorer- nor. This was the first time that any governor had been elected to that office more than once in two years. Major Mason was advanced to the place of deputy-governor. The magistrates were Mr. Henry Clark, Mr. Wyllys, Mr. Phelps, Mr. Allen, Mr. Treat, Mr. Gould, Mr. Tapping, Mr. Ogden, Mr. Bond, Mr. Daniel Clark, and Mr. Taicott. Mr. Daniel Clark was secretary, and Mr. Taicott trea- surer. Mr. Webster and Mr. Wells appear now to be no more. They bad been annually chosen into the magistracy, for about twenty years, and both had the honour of the chief seat of government. At this election, the freemen having found by long experience that the clause in the third funda- mental article, incapacitating any person to be chosen governor more than once in two years, was prejudicial rather than advantageous to the colony, resolved, that there should be liberty for the annual choice of the same person as governor, or of any other whom they should judge best qualified to serve the commonwealth. During the wars between Uncas and the Narra- gansets, the latter besieged his fort near the bank of the Thames, until his provisions were nearly ex- hausted, and he found that he and his men must soon perish, by famine or sword, unless he could obtain speedy relief ; but he found means of com- municating his danger to the scouts, who had been sent out from Saybrook fort ; and he represented the great danger the English in those parts would be in immediately, if they should suffer the Moheagans to be destroyed. Upon this intelligence, one Thomas LefKngwell, an ensign at Saybrook, an enterprising, bold man, loaded a canoe with beef, corn, and peas, and, under cover of the night, paddled from Saybrook into the Thames, and had the address to get the whole into the fort ; and the enemy soon perceiving THE HISTORY OF AMERICA, that Uncas was relieved, raised the siege. For this service, Uncas gave Leffingwell a deed of a great part, if not of the whole town of Norwich ; and in June, 1659, Uncas, with his two sons, Owaneco and Attawanhood, by a more formal and authentic deed, made over to Leffingwell, John Mason, Esq., the Rev. James Fitch, and others, consisting of thirty-five proprietors, the whole township of Nor- wich, which is about nine miles square ; and the company gave Uncas and his sons about seventy pounds, as a further compensation for so large and fine a tract. \ Preparations were immediately made for its settle- ment; and this spring, (1660,') the Rev. James Fitch, with the principal part of his church and con- gregation, removed from Saybrook, and planted the town of Norwich. Three or four planters joined them from New London, and two or three from the towns of Plymouth and Marshfield, in Massa- chusetts ; in 1663 the general assembly ordered that the deed should be recorded ; and the limits were afterwards ascertained, and the town received a patent of the whole. ' The Moheagans were a great defence, and of es- sential service to the town for many years ; as they kept out their scouts and spies, and so constantly watched their enemies, that they gave the earliest notice of their approach. The hostile Indians at one time came near to the town, upon the Sabbath, with a design to make a descent upon it; but view- ing it from an eminence, and seeing the Moheagan huts, they were intimidated, and went off without doing the least damage. This year the town of Huntington, upon Long Is- land, was received as a member of the Connecticut jurisdiction. The general court ordered, that grand jurors should be appointed in every town to make present- ment of all breaches of law, in their respective towns ; the presentments to be made to the particu- lar court in May and October. The accounts with the heirs of George Fenwick had not been closed, nor discharges given, relative to the purchase made of the fort at Saybrook, and the old patent of Connecticut ; which was the occa- sion of great uneasiness among the people ; and the three towns of Hartford, Windsor, and Weathers- field, presented petitions to the general court, pray- ing that the accounts might be adjusted, and the colony discharged. In consequence, a large com- mittee was appointed to make a complete settle- ment with the said heirs ; who having prepared the accounts for a final adjustment, the general court, at their session in October, authorized them, in their behalf, to perfect and confirm the writings; and the governor was authorized, in their name, to affix the public seal of the colony to those which were to be delivered to Captain Cullick, and Eliza- beth his wife, heirs of the said George Fenwick, Esq., and to receive of them the writings, to be de- livered to the court, in favour of the colony. Ac- cordingly, on the 7th of October, the colony dis- charged Captain Cullick and his wife, and their heirs, and they gave an ample discharge to the colony of Connecticut, from all sums of money due to Fenwick, by virtue of the agreements made with Mr. Fenwick. Thus, after the term of sixteen years, from the first, and fourteen from the second agreement with Mr. Fenwick, the colony completed a settlement respecting the fort and lands holden by him ; and became legally possessed of the tract conveyed to the lords and gentlemen severally named in the patent. Upon a final adjustment of the accounts, it appeared that Mr. Cullick and the heirs of Mr. Fenwick were indebted 500/. sterling to the colony, which had been paid them, more than what was due according to the original agreements with Mr Fenwick. John Mason, Esq., now deputy-governor, had some time since been authorized, in behalf of the colony, to purchase of Uncas all the lands which he had reserved for himself and the Moheagans, in the deed of 1640, under the name of planting-giounds ; and having effected the purchase, he made a sur render of the lands, in the presence of the general court. The following is the minute of the trans- action : " Hartford, session of the general court, March 14, 1660 (i. e. 1661, according to the present mode of dating). " The jurisdiction power over that land, which Uncas and W T awequa have made over to Major Mason, is by him surrendered to this colony. Never- theless, for the laying out of those lands in farms, or plantations, the court doth leave it in the hands of Major Mason. It is also ordered and provided, with the consent of Major Mason, that Uncas and Wawequa, and their Indians and successors, shall be supplied with sufficient planting-ground at all times, as the court sees cause, out of that land. And the Major doth reserve to himself a compe- tency to make a farm." For want of form, and a more legal manner of conveyance, with respect to those lands, originated the memorable Mason case, or controversy, as it was called ; which continued about seventy years, and was an occasion of great trouble and expense to the colony. The general court of Connecticut declare their loi/alty and submission to Charles II. ; determine to address his majesty, and apply for charter privileges Go- vernor Winthrop is appointed the colony's ayetd Regicides condemned Whalley and Gojjf'e arrive at Boston' The. kiny proclaimed Governor Winthrop obtains the charter of Connecticut J^'r.vi (jocernur and council under the charter Representation of the constitution it ordains, and the privileges it con- veys Difficulties of the colony of New Haver, Charier of Connecticut arrives Proceeding* of Connecticut in consequence of the charter They extend their jurisdiction to all places within the limits of their patent, and challenge New Haven colony, as under their jurisdiction Controi-<.'i:f the necessity of a general agent for New Eng- and, to supplicate the royal favour to defeat the designs of their enemies, and to procure for them ill acts of indemnity and grace ; and agreed to bear ,hoir proportionable part of the expense, and they mmediately sent an agent to Boston. One great cause of complaint against the colonies, had been heir not proclaiming the king. But as he had now 700 THE HISTORY OF AMERICA. been proclaimed in all the other colonies in New England, the general couit at New Haven judged it expedient formally to proclaim him there. The form was curious. It was expressed in the following concise words : " Although we have not received any form of proclamation, by order from his majesty or council of state, for proclaiming his majesty in this colony, yet the court taking en- couragement from what has been done in the rest of the united colonies, hath thought fit to declare publicly, and proclaim, that we do acknowledge his royal highness Charles II., king of England, Scot- land, France, and Ireland, to be our sovereign lord and King ; and that we do acknowledge ourselves, the inhabitants of this colony, to be his majesty's loyal and faithful subjects." About this time, it seems, Governor Winthrop took his passage for England ; and on his arrival there, he made application to Lord Say and Seal, and other friends of the colony, for their counte- nance and assistance. Lord Say and Seal, who appears to have been the only nobleman living, who was one of the origi- nal patentees of Connecticut, received the address from the colony most favourably, and gave Gover- nor Winthrop all the assistance in his power. The governor was a man of address, and arrived in En- gland at a fortunate time for Connecticut ; Lord Say and Seal, the great friend of the colony, had been particularly instrumental in the restora- tion ; and was made lord privy seal ; and the Earl of Manchester, another friend of the puritans, and of the rights of the colonies, was chamberlain of his majesty's household. He was also an intimate friend of Lord Say and Seal, and had been united with him in defending the colonies, and pleading for their establishment and liberties. Mr. Win- throp had an extraordinary ring, which had been given his grandfather by King Charles I., which he presented to the king ; and which, it is said, ex- tremely pleased him. Under these circumstances, the petition of Connecticut was presented, and was received with unusual favour. Upon the 20th of April, 1662, were granted the letters patent, conveying the most ample privileges, and confirming the whole tract of country, granted by Charles I. to the earl of Warwick, and which was the next year by him consigned to Lord Say and Seal, Lord Brook and others. The patent granted the lands in free and common socage ; and the facts, stated and pleaded in the petition, were recognised in the charter, nearly in the same form of words, as reasons of the royal grant, -and of the ample privi- leges which it conveyed. It ordained, that John Winthrop, John Mason, Samuel Wyllys, Henry Clarke, Matthew Allen, John Tapping, Nathan Gould, Richard Treat, Richard Lord, Henry Wolcott, John Tulcott, Daniel Clarke, John Hogden, Thomas Wells, Obadiah Bruen, John Clark, Anthony Hawkins, John Deming, and Matthew Canfield, and all such others as then were, or should afterwards be ad- mitted and made free of the corporation, should for ever after be one body corporate and politic, in fact and name, by the name of the " Governor and Company of the English colony of Connecticut ID New England in America;" and that by the lame name they and their successors should have perpetual succession. They were capacitated, as persons in law, to plead and be impleaded, to de- fend and be defended, in all suits whatsoever : to purchase, possess, lease, grant, demise, and sell lands, tenements, and goods, in as ample a manner as any of his majesty's subjects or corporations in England. And it ordained, that there should be, annually, two general assemblies; one holden on the second Thursday in May, and the other on the second Thursday in October; each to consist of the governor, deputy governor, and twelve assistants, with two deputies from every town or city. John Winthrop was appointed governor, and John Mason, deputy-governor, and the gentlemen named above, magistrates, until a new election should be made. The company were authorized to have a common seal, to appoint judicatories, make freemen, con- stitute officers, establish laws, impose fines, assem- ble the inhabitants in marshal array for the com- mon defence, and to exercise martial law in all cases in which it might be necessary. And it was specially ordained, that all the king's subjects in the colony should enjoy all the privileges of free and natural subjects within the realm of England ; and that the patent should always have the most favourable construction for the benefit of the gover- nor and company. The charter did not come over until after the election, which took place on the 15th of May; when the freemen made no alteration in their officers. Many of the colony of New Haven appear to have been exceedingly opposed to Charles II., and to the royal instructions which they had received ; and it had been with great difficulty that the go- vernor and council had managed the government in such a manner as to keep peace among the people, and not incur the displeasure of the king and his council; and although they had done as little as possible in conforming to his majesty's orders, yet they had done more than was pleasing to all ; and there had been great complaints and tumults. Governor Leet, therefore, at the court of election, represented to them the great difficulties and dan- gers of the year past, and the Divine goodness to- wards them, in the continuation of their civil and religious privileges; acknowledged himself to be subject to many imperfections, yet professed that, in his office, he had acted conscientiously, consult- ing the common safety and happiness ; declared his readiness to give the reasons of his conduct to any brother, or brethren, who would come to him in an orderly manner ; and acknowledged their kind affection and patience towards him in covering and passing by his infirmities. Upon this the election proceeded, and he was chosen governor, and Matthew Gilbert deputy-go- vernor. Mr. William Jones and Mr. William Gib- bard were chosen magistrates for New Haven ; Mr. Benjamin Fenn and Mr. Robert Treat, for Milford ; and Mr. Jasper Crane, for Branford. Several of the magistrates took the oath this year, with the explanations and exceptions which they had made the last. Before the session of the general assembly of Connecticut, in October, the charter was brought over; and as the governors and magistrates, ap- pointed by the king, were not authorized to serve after this time, a general election was appointed on the 9th of October. John Winthrop, Esq. was chosen governor, and John Mason, Esq. deputy governor. The magistrates were, Matthew Allen, Samuel Wyllys, Nathan Gould, Richard Treat, John Ogden, John Topping, John Talcott, Henry Wolcott, Daniel Clarke, and John Allen, Esquires, Mr. Baker, and Mr. Sherman. John Talcott, UNITED STATES. 701 Esq. was treasurer, and D. Clarke, Esq. secretary. Upon the day of the election, the charter was publicly read to the freemen, and declared to be- long to them and their successors. They then pro- ceeded to make choice of Mr. Wyllys, Mr. Talcott, and Mr. Allen, to receive the charter into their custody, and to keep it in behalf of the colony ; and it was ordered, that an oath should be administered by the court, to the freemen, binding them to a faithful discharge of the trust committed to them. The general assembly established all former officers, civil and military, in their respective places of trust ; and enacted, that all the laws of the co- lony should be continued in full force, except such as should be found contrary to the tenor of the charter. It was also enacted, that the same colony seal should be continued. The major part of the inhabitants of Southhold, several of the people at Guilford, and of the towns of Stamford and Greenwich, tendering their per- sons and estates to Connecticut, and petitioning to enjoy the protection and privilege* of this common- wealth, were accepted by the assembly, and pro- mised the same protection and freedom, which were common to the inhabitants of the colony in gene- ral. At the same time, it was enjoined those, to conduct themselves peaceably, as became Chris- tian?, towards their neighbours, who did not submit lo the jurisdiction of Connecticut; and that they should pay all taxes due to the ministers, with all other public charges then due. A message was also sent to the Dutch governor, certifying him of the charter, granted to Connecticut, and desiring him by no means to trouble any of his majesty's subjects within its limits, with impositions, or prosecutions from that jurisdiction. The assembly gave notice to the inhabitants of Winchester, that they were comprehended within the limits of Connecticut ; and required that they should conduct themselves as peaceable subjects. It was also resolved, that the inhabitants of Mis- tic and Pawcatuck should no more exercise any authority, by virtue of commissions from any other colony, but should elect their town officers, and manage all their affairs according to the laws of Connecticut. It was also resolved that this and some other towns should pay twenty pounds each towards defraying the expense of procuring the charter. It appears from the appropriations made, and taxes imposed, to pay the charges of Governor Winthrop's agency, that the charter cost the colony about thirteen hundred pounds sterling. Huntingdon, Setauket, Oyster Bay, and all the towns upon Long Island, were obliged to submit to the authority, and govern themselves agreeably to the laws of Connecticut ; and a court was instituted at Southhold, consisting of Captain John Youngs, and the justices of South and East Hampton. And it was also resolved, that all the towns, which should be received under their jurisdiction, should bear their equal proportion of the charge of the colony, in procuring the patent. As the charter included the colony of New Ha- ven, Mr. Matthew Allen, Mr. Samuel Wyllys, and the Rev. Messrs. Stone and Hooker, were ap- pointed a committee, to proceed to New Haven, and to treat with their friends there, respecting an amicable union of the two colonies; which they ac- cordingly did ; and after a conference with the go- vernor, magistrates, and principal gentlemen in the colony, left the following declaration to be com- municated to the freemen. " We declare, that through the providence of the Most High, a large and ample patent, and therein desirable privileges and immunities from his ma- jesty, being come to our hand, a copy whereof we have left with, you to be considered, and yourselves upon the sea-coast being included and interested therein, the king having united us in one body po- litic, we, according to the commission wherewith we are intrusted by the general assembly of Con- necticut, do declare in tfieir name that it is both their and our earnest desire That there may be a happy and comfortable union between yourselves and us, according to the tenor of the charter ; that inconveniences and dangers may be prevented, peace and truth strengthened and established, through our suitable subjection to the terms of the patent, and the blessing of God upon us therein." To which the authority of New Haven made the following reply: " We have received and perused your writings, and heard the copy read of his majesty's letters pa- tent to Connecticut colony ; wherein, though we do not find the colony of New Haven expressly in- cluded, yet to show our desire that matters may be issued in the conserving of peace and amity, with righteousness between them and us, we shall com- municate your writing, and a copy of the patent, to our freemen, and afterwards, with convenient speed, return their answer. Only we desire that the issu- ing of matters may be respited, until we may re- ceive fuller information from Mr. Winthrop, or satisfaction otherwise ; and that in the mean time this colony may remain distinct, entire, and unin- terrupted as heretofore : which we hope you will see cause lovingly to consent unto ; and signify the same to us with convenient speed." On the 4th of November, the freemen of the co- lony of New Haven, convened in general court ; when the governor communicated the writings to the court, and ordered a copy of the patent to be read ; and after a short adjournment for consider- ation in an affair of so much importance, the free- men met again, and proceeded to a large discussion of the subject. The Rev. Mr. Davenport was entirely opposed to a union with Connecticut ; and proceeded, there- fore, to offer a number of reasons why the inhabi- tants of New Haven could not be included in the patent of that colony, and for which they ought by no means voluntarily to form a union. He pro- mulgated his reasons in writing, for the considera- tion of the freemen ; wherein it was insisted, that New Haven had been owned as a distinct govern- ment, not only by her sister colonies, by the par- liament, and the protector, during their administra- tion, but by his majesty King Charles II. That it was against the express articles of confederation, by which Connecticut was no less bound than the other colonies: that New Haven had never been certified of any such design as their incorporatioir with Connecticut ; and that they had never been heard on the subject. It was further urged, that had it been designed to unite them with Connecti- cut, some of their names at least would have been pat into the patent with the other patentees ; but none of them were there; and it was urged, that it would be incompatible both with their honour and most essential interests to consent to a union. Governor Leet excused himself from speaking on the subject, desiring rather to heai the freemen speak their minds freely, and to act themselves. After the affair had been fully debated, the free- 702 THE HISTORY OF AMERICA, men resolved that an answer to Connecticut should be drawn up under the following heads. " 1. Bearing a proper testimony against the great sin of Connecticut, in acting so contrary to righte- ousness, amity, and peace. " 2. Desiring that all further proceedings, rela- tive to the affair, might be suspended until Mr. Winthrop should return, or they might otherwise obtain further information and satisfaction. " 3. To represent, that they could do nothing in the affair until they had consulted the other con- federates." The freemen appointed all their magistrates and elders, with Mr. Law, of Stamford, a committee to draw up an answer to the general assembly of Connecticut; and they were directed to subjoin the weighty arguments which they had against a uinion ; and if these should not avail, they were di- rected to prepare an address to his majesty, pray- ing for relief. The committee consequently drew up a long let- ter, in which they declared, that they did not find any command in the patent, to dissolve covenants, and alter the orderly settlement of New England ; nor a prohibition against their continuance as a dis- tinct government. They represented, that the con- duct of Connecticut, in acting at first without them, confirmed them in those sentiments ; and that the way was still open for them to petition his majesty, and obtain immunities, similar to those of Connec ticut. They declared, that they must enter their appeal from the construction which Connecticut pul upon the patent ; and desired that they might nol be interrupted in the enjoyment of their distinct privileges. They solicited, that proceedings relativ to a union might rest, until they might obtain further information, consult their confederates, am know his majesty's pleasure concerning them. The committee then proceeded to represent th< unreasonable and injurious conduct of Connecticu towards them, in beginning to exercise jurisdiction within their limits, before they had given them an) intimations that they were included in their char ter ; before they had invited them to an amicable union ; and before they had any representation it their assembly, or name in their patent. Thej urged, that in such a procedure, they had encou raged division, and given countenance to disaffectec persons : that they had abetted them in slighting solemn covenants and oaths, by which the peace o the towns and churches in that colony was greatl) disturbed. Further, they insisted, that by thi means, his majesty's pious designs were counter acted, and his interests disserved : that great scanda was brought upon religion before the natives, " an the beauty of a peaceable, faithful and brotherl walking exceedingly marred among themselves.' They also represented that these transactions wer entirely inconsistent with the engagements of Go vernor Winthrop, contrary to his advice to Con necticut, and tended to bi'ing injurious reflection and reproach upon him. They earnestly praye for a copy of all which he had written to the deputy governor and company on the subject; declare themselves exceedingly injured and grieved; an entreated the general assembly of Connecticut t adopt speedy and effectual measures to repair th breaches which they had made, and to restore thei to their former state, as a confederate and siste colony. Connecticut made no reply to this letter ; but at general assembly, bolden March llth, 1663, aj Dinted the deputy-governor, Messrs. Matthew and ohn Allen, and Mr. John Talcott, a committee to eat with their friends at New Haven on the sub- ict of a union. But the hasty measures which ic general assembly had taken, in admitting the isaffected members of the several towns, under the urisdiction of New Haven, to their protection, and the privileges of freemen of their corporation, nd in that way beginning to dismember that colony efore they had invited them to incorporate with icm, had so soured their minds and prejudiced lem, that this committee had no better success lan the former. In consequence of the claims of Connecticut, and f what had passed between the two colonies, Go- ernor Leet called a special assembly at New Ha- en, on the 6th of May ; when it was proposed to court, whether, considering the present state of ae colony, and the affairs depending between them nd Connecticut, any alteration should be made with respect to the time or manner of their election ? ?he freemen resolved that no alteration should be made. They then determined upon a remonstrance, r declaration, being sent to the general assembly f Connecticut ; in which they gave an historical iccount of the ends of their coming, with their bre- hren in the united colonies, into New England, ind of the solemn manner in which these colonies ad confederated ; and repeated many of their for- mer complaints against Connecticut. The court ilso affirmed, that they were necessitated to bear ;estimony against the appointment of constables and other officers, in the towns under their jurisdiction, and the dismembering of their colony, by receiving heir disaffected people under the protection of a egislature distinct from theirs, and in which they lad no representation ; and remonstrated against it, as distracting the colony, destroying the comfort, and hazarding the lives and liberties of their confe- derates ; and as giving great offence to their con- sciences, and as matter of high provocation and complaint before God and man. While these affairs were transacted in the colo- nies, the petition and address of New Haven, to ihe king, arrived in England ; upon which Governor Winthrop, who was yet there, by the advice of the friends of both colonies, agreed, that no injury should be done to New Haven, and that the union and incorporation of the two colonies should be vo- luntary ; and he therefore, on the 3d of March, 1663, wrote to the deputy-governor and company of Con- necticut, informing them of his engagements to the agent of New Haven; and that, before he took out the charter, he had given assurance to their friends that their interests and privileges should not be in- jured by the patent. He represented, that they were bound by the assurances he had given ; and therefore wished them to abstain from all further injury and trouble of that colony ; and imputed what they had done to their ignorance of the engage- ments which he had made ; and at the same time, intimated his assurance, that, on his return, he should be able to effect an amicable union of the colonies. At the election in Connecticut, Mr. Howell and Mr. Jasper Crane were chosen magistrates, instead of Mr. John Allen and Mr. John Ogden. Mr. John Allen was appointed treasurer. Connecticut now laid claim to West Chester, and sent one of their magistrates to cite the inhabitants to the choice of their officers, and to administer the proper oaths to such as they should elect. They UNITED STATES. 703 also extended their claim to the Narraganset country, and appointed officers for the government of the in- habitants at Wickford. Notwithstanding the remonstrance of the court at New Haven, their appeal to the king, and the engagements of Governor Winthrop, Connecticut pursued the affair of a union in the same manner in which it was begun ; and at a session of the gene- ral assembly, August 19th, 1663, the deputy-gover- nor, Mr. Wyllys, Mr. Daniel Clarke, and Mi. John Allen, were appointed a committee to treat with their friends of New Haven, Milford, Guilford, and Branford, relative to their incorporation with Connecticut. Provided they could not effect a union by treaty, they were authorized to read the charter publicly at New Haven, and to make decla- ration to the people there, that the assembly could not but resent their proceedings as a distinct juris- diction, since they were evidently included within the limits of the charter, granted to the corporation of Connecticut ; and they were instructed to pro- claim that the assembly desired, and could not but expect, that the inhabitants of New Haven, Milford, Guilford, Branford, and Stamford, would yield sub- jection to the government of Connecticut. At the meeting of the commissioners in Septem- ber, New Haven was owned by the colonies as a distinct confederate ; and Governor Leet and Mr. Fenn, who had been sent. from that jurisdiction, exhibited a complaint against Connecticut of the injuries which they had done by encroaching upon their rights, receiving their members under their government, and encouraging them to disown their authority, to disregard their oath of allegiance, and to refuse all attendance on their courts. They fur- ther complained that Connecticut had appointed constables in several of their towns, to the great dis- quiet and injury of the colony; and prayed that effectual measures might be taken to redress their grievances, to prevent further injuries, and secure their rights as a distinct confederate. Governor Winthrop and Mr. John Talcott, com- missioners from Connecticut, replied, that in their opinion New Haven had no just grounds of com- plaint ; that Connecticut had never designed them any injury, but had made to them the most friendly propositions, inviting them to share with them freely in all the important and distinguishing privi- leges which they had obtained for themselves ; that they had sent committees amicably to treat with them; that they were still treating, and would attend all *ust and friendly means of accommo- dation. The commissioners of the other colonies having fully heard the parties, determined that as the co- lony of New Haven had been " owned in the arti- cles of confederation as distiru t from Connecticut, and having been so owned by the colonies jointly in the present meeting, in all their actings, they may not by any acts of violence have their liberty of jurisdiction infringed by any other of the united colonies, without breach of the articles of confede- ration ; and that where any act of power hath been exerted against their authority, that the same ought to be recalled, and their power reserved to them entire, until such time as in an orderly way it shall be otherwise disposed." With respect to the particular grievances mentioned by the commis- sioners of New Haven, the consideration of them was referred to the next meeting of the commission- ers at Hartford. The extending of the claims of Connecticut to all the plantations upon Long Island, to West Chester, and the neighbouring towns, alarmed Stuyvesant, the Dutch governor ; and he therefore appeared be- fore the commissioners at Boston, and complained of the infraction of the articles of agreement, con- cluded at Hartford, between the English and Dutch, and desired the commissioners to determine whe- ther they considered those articles as binding or not. As this complaint more especially respected Connecticut, Governor Winthrop and Mr. Talcott replied in behalf of their constituents ; and pleaded, that, as it was an affair of great concernment, and. as Connecticut had not been informed of any such complaint, and they had no instructions relative to the subject, the decision of it might be deferred until the next meeting of the commissioners. The commissioners resolved, that saving their allegiance to his majesty, and his claim to the lands in controversy, and the right of Connecticut co- lony, by virtue of their charter, they did for them- selves esteem the articles of agreement in 1650 to be binding, and that they would not countenance the violation of them ; and they advised the parties concerned to refer all matters respecting the subject to the next meeting of the commissioners ; and in the mean time recommended that the articles of agreement should be observed, and that all persons in the places in controversy should be acquitted from penalties and damages on the account of their having resisted the authority of the Dutch. Connecticut was now attacked from all quarters. While the colony was without a royal grant, its neighbours made encroachments with impunity ; and now, when it extended its claims, by virtue of regal authority, they all complained, and took all possible advantage of former encroachments and decisions, at times when they could plead no such authority ; and as all the united colonies, except Plymouth, were affected by the claims of the co- lony, so they were mutually interested in opposing and determining against them. As Connecticut had new claimed Pawcatuck, or Southerton, and prohibited the exercise of any au- thority there, except such as was derived from the legislature of that colony, the inhabitants had exhi- bited three addresses to the general court of Massa- chusetts, petitioning for relief and protection ; and the commissioners from Massachusetts, Mr. Brad- street and Mr. Danforth, laid the complaints and petitions before the commissioners of the other co- lonies, and prayed for relief, according to the provi- sion made in such cases, in the articles of confe- deration. The court of commissioners advised that the affair should be deferred for the present; that Connecti cut should apply to the general court of the Massa- chusetts for an amicable settlement ; and that, if this should not be effected, the aggrieved party might make application to the commissioners at their next meeting. In the mean time, they ad- vised that affairs at Southerton should be managed according to their former decisions. When the general assembly of Connecticut as- sembled in October, they paid particular attention to these occurrences ; and notwithstanding all that had happened relative to New Haven, the following act passed. " This court doth declare, that they can do no less for their own indemnity, than to manife&c their dissatisfaction with the plantations of New Haven, Milford, Guilford, Stamford, and Branford, in their distinct standing from us in point of government; 704 THE HISTORY OF AMERICA. it being directly opposite to the tenor of the charter lately granted to our colony of Connecticut, in which these" plantations are included. We do also expect their submission to our government, according to our charter, and his majesty's pleasure therein expressed ; it being a stated conclusion with the commissioners, that jurisdiction right goeth with patent. And whereas, the aforesaid people of New Haven, Milford, Guilford, Stamford, and Bran- ford, pretend they have power of government dis- tinct from us, we do hereby declare, that our coun- cil will be ready to attend them, or a committee of theirs ; and if they can rationally make it appear that they have such power, and that we have wronged them according to their complaints, we shall be ready to attend them with due satisfaction." The assembly appointed a committee to compose a letter to the gentlemen at New Haven, and to enclose to them the preceding resolution. Agents were sent to this assembly from the Man- hadoes, to treat with the legislature, relative to the differences subsisting between them and the Dutch ; and a petition at the same time was presented from the English plantations upon Long Island, in the vicinity of the Dutch, praying for the protection and privileges of the corporation of Connecticut. Upon which the assembly resolved, " that, as they were solicitous to maint in the interests and peace of his majesty's subjects, and yet to attend all ways of righteousness, so that they might hold a friendly correspondence with their neighbours at the Man- hadoes, they would for the present forbear all acts of authority towards the English plantations on the west end of Long Island, provided the Dutch would forbear to exercise any coercive power towards them ; and this court shall cease from further at- tendance unto the premises, until there be a sea- sonable return from the General Stevenson, to those propositions his messengers carried with them, or until there be an issue of the difference between them and us. And in case the Dutch do unjustly molest or offer violence unto them, we declare that we shall not be willing to see our countrymen, his majesty's natural born subjects, and his interests interrupted or molested by the Dutch or any others; but we shall address ourselves to use such just and lawful means as God shall in his wisdom offer to our hands for their indemnity and safety, until his majesty our sovereign lord the king shall please to declare his royal pleasure for their future settlement." As Governor Winthrop was now returned from England, the assembly embraced the first opportu- nity to present him with the thanks of the colony for the great pains he had taken, and the special services he had rendered it, in procuring the charter. The legislature, determining to secure as far as possible the lands within the limits of their charter, authorized one Thomas Pell to purchase of the In- dian proprietors all that tract between West Ches- ter and Hudson's river, and the waters which made the Manhadoes an island ; and resolved that it should be added to West Chester. On the towns on the west end of Long Island pe- titioning to be under the government of Connecti- cut, the assembly declared, that as the lines of their patent extended to the adjoining islands, they accepted those towns under their jurisdiction. It was resolved in October, that Hammonasset should be a town ; and the same month, twelve plant- ers, principally from Hartford, Windsor, and Guil- ford^ fixed their residence there. It was subsequently named Killingworth ; and in 1703, the assembly gave them a patent, confirming to the proprietors all the lands within the limits of the town. The name originally designed was Kennelworth, and thus it is written for some years on the records of the colony, but by mistake it was recorded Killing- worth, and this name finally prevailed. While these affairs were transacted in Connecti- cut, the colony of New Haven persisted in their opposition to an incorporation with that govern- ment; and on the 22d of October, their general court convened, and Governor Leet stated, that since the meeting of the commissioners, the committee had written to Connecticut. " That as the commis- sioners had unanimously established the confedera- tion, and the distinct and entire jurisdiction of each confederate colony, they judged that it would not be unacceptable to present to their general assembly a request, that they would act in conformity to the advice of the commissioners, and recall all former acts, inconsistent with their determinations. They insisted, that a compliance with their wishes would be no obstruction to an amicable treaty ; but that its tendency would be sooner to effect the union, which they desired : that it could by no means en- danger their patent, nor any of their chartered rights ; and that they had the countenance of all the confederates, to apologize for them in their present request, and in maintaining their rights as a dis- tinct jurisdiction." Governor Leet further informed the court that their committee had desired an an- swer to their letter, before the present session of their general court, and previously to their answer- ing the proposals made to them by Connecticut. The freemen of the colony of New Haven were not only opposed to an incorporation with Connec- ticut, but even to treating with them, under the then present circumstances ; and the court, after a long and serious debate, considering that the gene- ral court of Connecticut had not complied with their request, but still claimed a right of jurisdiction over them, and countenanced the malcontents in their several towns, were decidedly against any further treaty ; and consequently a resolution was adopted. " That no treaty be made by this colony with Connecticut, before such acts of power, ex- erted by them upon any of our towns, be revoked and recalled, according to the honourable Mr. Win- throp's letter engaging the same, the commission- ers' determination, and our frequent desires." The court ordered that the magistrates, or other officers where there were no magistrates, should issue warrants according to law, to attach the per- sonal estate of those who upon legal demand had refused, or should refuse, to make payment of their rates. It was provided, that in case of resistance and forcible rescue, violence should not be used to the shedding of blood, unless it were in a man's own del'ence. The court further determined to make application to the English government, and to peti- tion the king for a bill of exemption from the go- vernment of Connecticut, and to leave the affaii of procuring a patent to the wisdom of their agents in England, as they should judge to be most ex- pedient. A tax of 300/. was levied upon the colony, for the purpose of enabling them to prosecute this affair ; and a day of extraordinary fasting and prayer was appointed to supplicate Diviue mercy to direct them to the proper means of obtaining an es tablished and permanent enjoyment of their just rights and privileges. UNITED STATES. 705 The affairs of the colony of New Haven were now exceedingly embarrassed, and approached to an important crnis. The colony was much in debt : many were disaffected with the government, and refused to pay any thing for its support: and when the officers attempted to collect the taxes which had been imposed, they repaired to Connecticut for protection ; and with too little appearance of justice or brotherly affection, were protected by its legisla- ture. Indeed the colony was so reduced, that it could not pay the stated salaries of its principal officers; and while the court expressed their ardent desire to pay the salaries which had been usual, yet they found they were not able to give the governor more than forty pounds, and the deputy-governor j not more than ten. No sooner did the officers begin to distrain the rates of those who refused to pay, than it produced the most alarming and dangerous consequences. One John Rossiter of Guilford and his son, who had j both been punished for misdemeanors by the autho- rity of the colony of New Haven, made a journey to Hartford, and obtained two of the magistrates of Connecticut , a constable, and several others to come down to Guilford on the night of the 30th of Decem- ber. By firing a number of guns in the night, they greatly alarmed and disturbed the town ; and some of the men from Connecticut were rough, and used violent and threatening language. In such a crisis, ! Governor Leet judged it expedient to send immedi- ' ately to Branfo r d and New Haven for assistance ; \ and both those towns were alarmed in the night, | arid forwarded men to the aid of the governor ; and j the governor and magistrates conducted affairs with such moderation and prudence, that no mischief j was done ; and the gentlemen from Connecticut re- j monstrated agair st collecting taxes from those who j had been taken under the protection of that colony, j and desired New Haven to suspend the affair for further consideration. Governor Leet therefore convoked a special court at New Haven on the 7th of January, 1664 ; and opened the public business by acquainting the court that it was the earnest desire of the magistrates from Connecticut, and of Mr. Rossiter and his sou, that the act of the general court of New Haven, re- lative to the distraining of taxes, might be suspended until there could be another conference between the colonies; at which they were in expectation that all difficulties might be amicably settled. He also laid before the court the representations which the gentlemen from Connecticut had made of the great danger there would be in carrying that act into ex- ecution, in direct opposition to the authority of Con- necticut ; and it was desired that the court would maturely consider the affair. The court insisted that all former treaties with Connecticut had been without any good effect ; and persisted in the resolution, that, until the members, which had been so unrighteously taken from them, should be restored, they would hold no further treaty with that colony. Mr. Davenport and Mr. Street were appointed to make a draught of their griev- ances, to be transmitted to the general assembly of Connecticut; and they drew up a long and sensible remonstrance, which they termed " New Haven case stated." The subject was introduced with a declaration ; that it was their deep sense of the in- juries which the colony had suffered by the claims and encroachments which had been made upon then- just prerogatives and privileges, which had induced them, unanimously, though with great reluctance, HIST. OF AMEK. Nos. 89 90. to declare their grievances to them; and they pro- ceeded then to declare that they settled at New Haven, with the consent of Connecticut ; had pur- chased the whole tract of land, which they bad set- tled upon the sea-coast, of the Indians, the original proprietors of the soil ; and had quietly possessed it nearly six-and twenty years: that they had ex- pended great estates, in clearing, fencing, and cul- tivating the lands, without any assistance from Con- necticut ; and had formed themselves, by voluntary compact, into a distinct commonwealth. They then cited a great variety of instances in which Connecti- cut, the united colonies, the parliament, and pro- tector, the king, and his council, had owned them as a distinct colony; and they insisted, that notwith- standing they had now procured a patent including New Haven, not only without their concurrence, but contrary to their desire previously expressed ; and contrary to the express articles of the confede- ration, and to their own engagements, not to include them in the charter : further they affirmed, that Mr. Winthrop, before his departure for England, had by his letters given assurance that it was not designed to include New Haven in the patent; and that the magistrates of Connecticut had agreed, that if the patent should include them, they should be at full liberty to incorporate with them or not, as should be most agreeable to their inclinations : they al- leged that, contrary to all the premises, to justice, to good faith, to brotherly kindness, to the peace and order of church and commonwealth, Connecti- cut, even in their first assembly, proceeded to the dismemberment of the colony of New Haven, by receiving its members from Stamford, Guilford, and Southhold; that after such dismemberment, they had preposterously pretended to treat with them re- lative to a union ; and that after a conference with the committee from Connecticut, and the reading of their charter, it did not appear that they were so much as mentioned, or that it had any reference to them : they declared that, in a full persuasion of his majesty's pleasure, to continue them a distinct jurisdiction, they had assured the committee of their design to appeal to him, and know his royal pur- pose ; that though they immediately sent their ap- peal, yet that out of tender respect to the peace and honour of Mr. Winthrop, they advised their friends in England to acquaint him with their pa- pers, that he might adopt some effectual expedient to compromise the unhappy differences between the two colonies ; and that it was on the account of Mr. Winthrop's engagements to their friends, that their rights and interests should not be disquieted nor injured, that the appeal to his majesty was then suspended. From a statement of these, and some Other facts and circumstances, they attempted to demonstrate their rights as a distinct colony, and the injustice, unfaithfulness, ingratitude, and cru- elty of Connecticut, in their claims upon them, and in the manner of their prosecuting them. Their beginning to dismember their colony, by receiving and protecting their subjects and malcontents, pre- vious to any treaty with them ; their appointing officers, creating: animosities, and raising alarms in their several towns, were especially insisted on as contrary to all their covenants, as brethren and con federate's, and contrary to all order, peace an, 11 justice. The general assembly of Connecticut, at their session in May, avowed their claim to Long Island, as one of the adjoining islands mentioned in their charter, except some preceding right should appear, 3 S 706 THE HISTORY OF AMERICA. approved by his majesty ; and officers were ap- pointed by the court at Hampstead, Jamaica, New- town, Flushing, Oyster Bay, and all the towns upon the west end of the island. Upon the general election at New Haven, the freemen proceeded to the choice of their civil of- ficers, as had been usual. Governor Leet was re- chosen, and Mr. William Jones was elected deputy- governor. Matthew Gilbert, Esq. the former de- puty-governor, Mr. Benjamin Fenn, Mr. Jasper Crane, Mr. Treat, and Mr. Nash, were appointed magistrates. The two last would not accept the office. The governor and deputy-governor were chosen commissioners for the next meeting at Hartford. The colony was now become so weak, and the affairs of it so embarrassed, by the claims and pro- ceedings of Connecticut, that the general court either did no business, or judged it expedient to put nothing upon record. At this crisis an event took place, which alarmed all the New England co- lonies, and at once changed the opinions of the commissioners, and of New Haven, with respect to their incorporation with Connecticut. King Charles II., on the 12th of March, 1664, gave a patent to his brother the Duke of York and Albany, of several extensive tracts of land in North America, the boundaries of which are given in the account of this transaction in our notice of New York ; as are also the results of the Dutch war. The short time the king's commissioners stayed at Boston, before they proceeded upon their ex- pedition against the Dutch, was sufficient to disco- ver something of their extraordinary powers, and gave such a notion of the high and arbitrary manner in which they proceeded, as spread a general alarm, and awakened in the colonies serious apprehensions for their liberties. Mr. Whiting, who was at Bos- ton, and learned much of their temper, was sent back in haste to give information of the danger, in which it was apprehended the colonies all were ; to advise New Haven to incorporate with Connecticut without delay; and to make a joint exertion for the preservation of their chartered rights. This was pressed, not only as absolutely necessary for New Haven, but for the general safety of the country. In consequence of this intelligence, a general court was convened at New Haven on the llth of August, 1664; and Governor Leet communicated the intelligence which he had received from their friends at Boston. He acquainted them that Mr. Whiting and Mr. Bull had made a visit to New Haven, and in their own names, and in behalf of the magistrates of Connecticut, pressed their imme- diate subjection to their government ; and the court was further certified, that after some treaty with those gentlemen, their committee had given an an- swer, purporting, that if Connecticut would, in his majesty's name, assert their claim to the colony of New Haven, and secure them in the full enjoyment of all the immunities which they had proposed, and engage to make a united exertion, for the preserva- tion of their chartered rights, they would make their submission. After a long debate the court re- solved, that if Connecticut should come and assert their claim, as had been agreed, they would submit until the meeting of the commissioners of the united colonies. The magistrates and principal gentlemen of the colony seem to have been sensible, not only of the expediency, but necessity of an incorporation with Connecticut ; but the opposition, however, was so general among the people, that nothing further could be effected. The court of commissioners was so near at hand, that Governor Winthrop and his council adjudged it nrtt expedient to make any further demands upon New Haven until their advice could be known. However, when the general assembly met early in September, the^ presented a remonstrance against the sitting of Governor Leet and Deputy-governor Jones with the commissioners ; and declared in it that New Haven was not a colony, but a part of Connecticut, and avowed their claim to it as such. They insisted, that owning that as a colony distinct from Connecticut, after his majesty had, by his let- ters patent, incorporated it with that colony, was inconsistent with the king's pleasure ; would endan- ger the rights of all the colonies, and especially the charter-rights of Connecticut ; and at the same time declared that they would have a tender regard to their friends and brethren at New Haven, and exert themselves to accommodate them with all the immunities and privileges which were conveyed by their charter. On the first of September, the court of commis- sioners met at Hartford ; and the commissioners from New Haven were allowed their seats with the other confederates ; and the case between them and Con- necticut was fully heard ; and though the court did not approve of the manner in which Connecticut had proceeded, yet they earnestly pressed a speedy and amicable union of the two colonies. To remove all obstructions on their part, the commissioners recommended it to the general courts of Massachu- setts and Plymouth, that, in case the colony of New Haven should incorporate with Connecticut, they might then be owned as one colony, and send two commissioners to each meeting; and that the de- terminations of any four of the six should be equally binding on the confederates, as the conclusions of six out of eight had been before. It was also pro- posed to the court, that the meeting, which of course had been at New Haven, should be at Hartford ; and it was determined that their meetings for the future should be triennial. In compliance with the advice of the commission- ers, Governor Leet convened the general Court at New Haven, on the 14th of September, and com- municated the advice which had been given, and papers from the committee of Connecticut, ad- vising and urging them to unite ; who referred it to their most serious consideration, whether, if the king's commissioners should visit them, they would not be much better able to vindicate their liberty and just rights in union with Connecticut, under a royal patent, than in their then present circum- stances ; but after the fullest discussion of the sub- ject, no vote for union or treaty could be obtained. New Haven and Branford were more fixed and obstinate in their opposition to an incorporation with Connecticut than any of the other towns in that colony ; Mr. Davenport and Mr. Pierson seem to have been among its chief supporters ; and they, with many of the inhabitants of the colony, were more rigid, with respect to the terms of church com- munion, than the ministers and churches of Con- necticut generally were. The ministers and churches of the latter were, a considerable number of them, in favour of the propositions of the general council, which met at Cambridge, in 1662, relative to the baptism of children, whose parents were not in full communion ; the ministers and churches of New Haven were universally and completely against UNITED STATES. 707 them. Mr. Davenport, and others of that colon were of opinion, that all government should be i the church ; and no person could be a freema there, unless he were a member in full commu nion. But in Connecticut, all orderly persons pos sessing a freehold to a certain amount, might b made free of the corporation. Those who were s strong in the opposition, were doubtless jealous tha a union would mar the purity and order of thei churches, and have a bad influence on the civil ad ministrations. The removal of the seat of govern ment; the apprehension which some had of losiiij their places of trust and general influence ; wit! strong prejudices and passions against Connecticut on account of the injuries which it was conceived i had done the colony, all operated in forming thi opposition. This event, however, was approaching, and grew more and more urgent. Milford at this time broke off from them, and would not send either magis trate or deputies to the general court; and Mr Richard Law, a principal gentleman at Stamford also deserted them. In this state of affairs, the general assembly o Connecticut met on the 13th of October. It was an important crisis with the colony ; and there havi been few instances of so many important objects o consideration at one time presenting themselves tc a colonial legislature. Their liberties were not only in equal danger with those of their sister colonies, from the extraordinary powers and arbitrary dispo- sitions and measures of the king's commissioners, but the Duke of York, a powerful antagonist, had re- ceived a patent, covering Long Island, and all that part of the colony west of Connecticut river : the Massachusetts were encroaching upon them on their northern and eastern boundaries : William aad Ann, the duke and duchess of Hamilton, had petitioned his majesty to restore to them the tract of country granted to their father, James, marquis of Hamil- ton, in the year 1635 ; and his majesty had on the 6th of May, 1664, referred the case to the determi- nation of Colonel Nichols and the other commis- sioners ; and in addition to all these, the state of affairs with New Haven was unsettled. In these circumstances, the legislature viewed it as a point of extreme importance to conciliate the commissioners, and obtain the good graces of the king; and for this purpose, they ordered a present of five hundred bushels of corn, to be made to the king's commissioners ; and a large committee was appointed to settle the boundaries between Connec- ticut and the duke of York ; and a committee, con- sisting of Mr. Allen, Mr. Wyllys, Mr. Talcott, and Mr. Newbury, was also appointed to settle the boundary line between this colony and Massachu- setts, and between Connecticut and Rhode Island. Mr. Sherman, Mr. Allen, and the secretary, were authorized to proceed to New Haven, and by order of the general assembly, " in his majesty's name, to require the inhabitants of New Haven, Milford, Branford, Guilford, and Stamford, to submit to the government established by his majesty's gracious grant to this colony, and to receive their answer;" and they had instructions to declare all the freemen in those towns, free of the corporation of Connecti- cut; and to make all others, in the respective towns mentioned, qualified according to law, freemen of Connecticut, and they were directed to administer to them the freeman's oath. They were also autho- rized to make declaration, that the assembly in- vested William Leet and William Jones, Esquires, Mr. Gilbert, Mr. Fenn, Mr. Crane, Mr. Treat, and Mr. Law, with the powers of magistracy ; to go- vern their respective plantations agreeably to the laws of Connecticut, or such of their own 'laws as were not inconsistent with the charter, until their session in May next ; and it was likewise pro- claimed, that all other officers, civil and military, were established in their respective places ; and that cognisance should not be taken of any case which had been prosecuted to a final adjudication, in any of the courts of that colony. Governor Winthrop, Mr. Allen, Mr. Gould, Mr. Richards, and John Winthrop, the committee ap- pointed to settle the boundaries between Connecti- cut and New York, waited on the commissioners upon York Island ; and after they had been fully heard in behalf of Connecticut, the commissioners determined, " That the southern bounds of his ma- jesty's colony of Connecticut is the sea ; and that Long Island is to be under the government of his royal highness the duke of York, as is expressed by plain words in the said patents respectively. We also order and declare, that the creek or river called Mamaronock, which is reputed to be about twelve miles to the east of West Chester, and a line drawn from the east point or side, where the fresh water falls into the salt at high- water mark, north- north-west, to the line of Massachusetts, be the western bounds of the said colony of Qpnnecticut; and the plantations lying westward of that creek, and line so drawn, to be under his royal highness's government ; and all plantations lying eastward of that creek and line, to be under the government of Connecticut." In consequence of the acts of Connecticut, and the determination of the commissioners, relative to the boundaries of the colony, a general court was called at New Haven with the freemen, and as many of the inhabitants of the colony as chose to attend, on the 13th of December, 1664; when the following resolutions were unanimously passed. " 1. That, by this act or vote, we be not under- stood to justify Connecticut's fonner actings, nor any thing disorderly done by their own people oa such accounts. " 2. That, by it we be not apprehended to have any hand in breaking or dissolving the confederation. " 3. Yet, in loyalty to the king's majesty, when an authentic copy of the determination of his ma- esty's commissioners is published, to be recorded with us if thereby it shall appear to our committee that we are by his majesty's authority now put un- der Connecticut patent, we shall submit by a neces- sity brought upon us by the means of Connecticut aforesaid ; but with a salvo jure of our former rights and claims, as a people, who have not yet been icard in point of plea." The members of the court then present, the elders f the colony, with Mr. John Nash, Mr. James Bishop, Mr. Francis Bell, Mr. Robert Treat, and VIr. Richard Baldwin, were appointed a committee o consummate a union between the colonies. Several letters passed between the committees of he two colonies on the subject, in which the com- nittee of New Haven signified that the officers in hat colony would continue to act in their respec- ive offices, and expressed their good designs and wishes towards Connecticut, and their loyalty to is majesty. They also represented their expecta- ions that the governor and company, according to leir engagements, would give them all the advan ages aud privileges which they could do, consist- 3S 2 708 THE HISTORY OF AMERICA. ent with the patent, and their desires still to con- tinue the confederation. The committee of Connecticut, in answer to New Haven, assured them of their willingness to bestow on them all the privileges granted in their charter ; and pleaded the necessity and importance of theii incorporation with Connecticut, as they were nearly in the centre of the colony, as an apology for the measures which they had taken. They also ex- pressed their strong desire that New Haven should cordially unite with them, and by no means view it as amattar of constraint ; that mutual candour might be exercised ; and that all reflections and past con- duct, disagreeable to either of them, be entirely buried and for ever forgotten. (1665.) The general assembly of Connecticut ap- pointed no committee to meet with that chosen by the general court of New Haven ; and of this their committee complain in their last letter. However, at a session of theirs, the 20th of April, 1665, they passed several resolutions for the further completion of the union ; among which it was resolved, that William Leet, and William Jones, Esquires, Mr. Benjamin Fenn, Mr. Matthew Gilbert, Mr. Jasper Crane, Mr. Alexander Bryan, Mr. Law, and Mr. Robert Treat, should stand in the nomination for magis- trates at the next election. They also passed the following declaration : " That all acts of the autho- rity of Nyw Haven, which had been uncomfortable to Connecticut, should never be called to an ac- count, but be buried in perpetual oblivion." The king's commissioners presented the follow- ing propositions, or requisitions from his majesty, to this assembly. " 1 . That all householders inhabiting this colony, take the oath of allegiance, and that the adminis- tration of justice be in his majesty's name. " 2. That all men of competent estates and of civil conversation, though of different judgments, may be admitted to be freemen, and have liberty to choose, or to be chosen officers, both military and civil. " 3. That all persons of civil lives may freely enjoy the liberty of their consciences, and the wor- ship of God in that way which they think best ; provided that this liberty tend not to the disturbance of the public, nor to the hinderance of the mainte- nance of ministers, regularly chosen, in each respec- tive parish or township. " 4. That all laws, and expressions in laws, de- rogatory to his majesty, if any such have been made in these troublesome times, may be repealed, al- tered, and taken off the file." The assembly answered in the manner following : " .1. That according to his majesty's pleasure, expressed in our charter, our governor formerly ap- pointed meet persons to administer the oath of alle- giance, who have, according to their order, adminis- tered the said oath to several persons already ; and the administration of justice among us hath been, is, and shall be, in his majesty's name. " 2. That our order for the admission of freemen is consonant with that proposition. " 3. We know not of any one that hath been troubled by us for attending his conscience, provided he hath not disturbed the public. " 4. We know not of any law, or expressions of law, that are derogatory to his majesty among us ; but if any such be found, we count it our duty to repeal, alter, and take them off the file ; and to this we attended upon the receipt of our charter." About this time the council gave the following answer to the commissioners relative to the claim and petition of the duke of Hamilton : " That the grant of Connecticut to the nobk-s and gentlemen, of whom they purchased, was several years prior to the marquis of Hamilton's : that with great difficulty they had conquered a potent and barbarous people, who spread over a great part of that tract of country, which he claimed; and that it was but a small com- pensation for the blood and treasure which they had expended in conquering it, and defending it for his majesty's interest, against the Dutch and other foreigners : that they had peaceably enjoyed that tract for about thirty years: that they had with great labour and expense cultivated the lands to their own and his majesty's interest ; and that his majesty, of his grace, had been pleased to confirm it to them by his royal charter, in which these reasons had been recognised." They at the same time solicited their honours the commissioners, to present their humble acknowledg- ments to his majesty for his abundant grace, in the granting of their charter, and for his gracious letter, sent them by his commissioners, re-ratifying their privileges, civil and ecclesiastical. At the general election, May llth, 1665, when the two colonies of Connecticut and New Haven united in one, the following gentlemen were chosen into office. John Winthrop, Esq. was elected ga- vernor, John Mason, Esq. deputy-governor, and Matthew Allen, Samuel Wyllys, Nathan Gould, John Talcott, Henry Wolcott, John Allen, Samuel Sherman, James Richards, William Leet, William Jones, Benjamin Fenn, and Jasper Crane, Esquires, magistrates. John Talcott, Esq. was treasurer, and Daniel Clark secretary. A proportionable number of the magistrates were of the former colony of New Haven; all the towns sent their deputies ; and the assembly appears to have been very friendly This assembly enacted, that Hastings and Rye should be one plantation, by the name of Rye ; and county courts were first instituted by that name. It was enacted, that there should be two county courts holden annually in New Haven ; one on the second Thursday in June, the other on the third Thursday in November; the court to consist of five judges, two magistrates, and three justices of the quorum. A similar court was appointed at New London ; and the following October, that was made a distinct county. At the session in October, a county court was appointed at Hartford instead of the quarterly courts ; which was to be holden annually in the months of March and September. The county courts had cog- nisance of all cases except those of life, limb, or banishment; but in cases of more than twenty shil- lings, the law required that a jury should be einpan- nelled. At the same time, a superior court was appointed to be holden at Hartford, the Tuesday before the session of the general assembly in May and October ; which was to consist of eight magis- trates at least, and always to be attended with a jury. In this court were tried all appeals from the several county courts, and all capital actions, of life, limb, and banishment. All the towns, formerly under the jurisdiction of New Haven, were satisfied with the union of the colonies, except Branford ; where Mr. Pierson and almost his whole church and congregation were so displeased, that they soon removed into N ewark, in NewJersey ; and carried off the records of the church and town, and after it had been settled about five- and-twenty years, left it almost without inhabitants. UNITED STATES. 709 For more than twenty years from that time, there \vas not a church formed in the town ; but people from various parts of the colony gradually moved iato it, and purchased the lands of the first plant- ers, so that in about twenty years it became re-set-, tied ; and in 1685 it was re-invested with town privileges. The union of the colonies was a happy event. It greatly contributed to the convenience, strength, peace, and welfare of the inhabitants of both, and of their posterity; greater privileges New Haven could not have enjoyed, had they been success- ful in their applications to his majesty ; and after much expense, they might have failed in their at- tempts and lost their liberties, or have been joined to Connecticut at last. Had they remained a dis- tinct colony, the charges of government would have been greater ; and their situation, in so central a part of the colony, would have been extremely in- convenient, especially for Connecticut. War was proclaimed this year in London, in the month of March, between England and Holland ; and intelligence had been given to the colony, that De Ruyter the Dutch admiral had orders to visit New York. The colony was alarmed, and put into a state of defence; but the admiral was diverted from the enterprise, and the year passed in peace. It was now thirty years since the settlement of the colony commenced, yet after the defalcation of Long Island, it consisted of nineteen towns only which paid taxes. The grand list was no more than 153,620 16*. bd. A view of the churches of Connecticut and New Ha- ven Ecclesiastical laws Care to diffuse general knowledge; its happy influence Attempts to Jo and a college at New Hacen No sectaries in Connecti- cut nor Neiv Haven until after the union Deaths and characters of several of the first ministers Dissensions in the church Laws against the Qua- kers A synod proposed and convened Dissensions continued at Hartford and at Weathersfield Set- tlement of Hadley Synod at Boston. Connecticut, no less than other parts of New England, was settled with a particular view to re- ligion. It was the design of the first planters to erect churches in the strictest conformity to Scrip- ture example ; and to transmit evangelical purity, in doctrine, worship, and discipline, with civil and religious liberty to their posterity. And to see how far they accomplished their desire, we must in some degree retrace the period already travelled over, and view it with regard entirely to ecclesias- tical concerns. The first churches, though their numbers were small, and they had to combat all the hardships, dangers, and expense of new settlements, com- monly supported two able experienced ministers : with the first three churches settled in Connecticut, there were at Hartford, the Rev. Mr. Hooker and Mr. Stone; at Windsor, Mr. Warham and Mr. Hewet; and at Weathersfield, Mr Prudden, in 1638, while his people were making preparations to re- move from New Haven to Milford. To the garri- son at Saybrook fort, Mr. John Higginson, son of the Rev. Mr. Higginson, of Salem, preached three or four of the first years. At New Haven, at first were Mr. Davenport and Mr. Samuel Eaton, bro- ther to Governor Eaton. At Milford, Mr. Prudden was pastor, and the church invited Mr. John Sher- man, afterwards minister of Watertown, in Massa- chusetts, to be their teacher ; but he declined their invitation, and that church never had but one settled minister at the same time. The Rev. Mr. Whit- field was pastor of the church at Guilford, and about the year 1641 Mr. Higgiuson removed from Say- brook, and became teacher, as an assistant to Mr. Whitfield in that church. After Mr. Prudden left Weathersfield, Mr: Henry Smith was elected, and ordained pastor of the church and congregation in that town. About the time that Mr. Higginson left Saybrook, the Rev. Mr. Thomas Peters became chaplain to Colonel Fenwick, and the people there. Upon the removal of Mr. Eaton from New Haven, Mr. William Hook was installed teacher, as an as- sistant of Mr. Davenport. The six first towns in Connecticut and New Haven enjoyed the constant labour of ten able ministers. This was as much as one minister to about fifty families, or to two hun- dred and sixty or seventy souls. As other towns settled, churches were gathered, and ministers in- stalled or ordained. Mr. Jones was chosen pastor at Fairfield, Mr. Adam Blackmail, at Stratford, and Mr. Richard Denton, at Stamford. Mr. Abra- ham Pierson was pastor of the church at Branfurd, and it seems one Mr. Brucy assisted him as a teacher for some time. Fourteen or fifteen of these ministers had been episcopally ordained in England before they came into America. The Rev. Mr. Richard Blynman, first pastor of the church at New London, was also ordained in England. After he came into this country, he set- tled first, as pastor of the church at Gloucester, in Massachusetts ; and from thence he removed to New London in 1648. From these reverend fathers, the ministers of Connecticut trace their ordinations ; especially from, Mr. Hooker, Mr. Warham, Mr. Davenport, and Mr. Stone. With respect to their religious sentiments, and those of their followers, they were puritans; a name given, says Fuller, "to abuse pious people, who endea- voured to follow the minister with a pure heart, and laboured for a life pure and holy." When armini- anism began to prevail, in the latter part of the reign of James I., those who were calvinistic were termed doctrinal puritans ; and it was finally used, as a stigma for all Christians who were strict in morals, calvinistic in sentiment, and unconformed to the liturgy, ceremonies, and discipline of the established church. This was truly thr character of the first ministers and churches in this colony ; who were strictly cal- vinistic, agreeing in doctrine with their brethren of the established church, and with all the protestant reformed churches. In discipline, they were con- gregationalists, and dissented from the national establishment ; but they firmly believed that it was the sole prerogative of Christ to direct the mode of worship and discipline in his own house. They were persuaded, that the Scriptures were a perfect rule, not only of faith and manners, but of worship and discipline ; and that all churches ought to be formed entirely after the pattern exhibited in the New Testament. Some of the ministers of Connecticut were dis- tinguished for literature, piety, and ministerial gifts. Mr. Hooker, Mr. Davenport, Mr. Stone, and some others, were men of great learning and abilities : and all were of the strictest morals. Mr. Neal, after giving a catalogue of the ministers who first illumi- nated the churches of New England, bears this tes- timony concerning them. " I will not say that all the ministers mentioned were men of the first rate 710 THE HISTORY OF AMERICA. for learning, but I can assure the reader, they had a better share of it than most of their neighbouring clergy at that time : they were men of great sobri- ety afad virtue, plain, serious, affectionate preach- ers, exactly conformable to the doctrine of the church of England, and took a great deal of pains to promote a reformation of manners in their several parishes." They not only fasted and prayed fre- quently with their people in public, but kept many days of secret fasting, prayer, and self-examination, in their studies; and some of them, it seems, fasted and prayed in this private manner every week. Be- sides the exercises on the Lord's day, they preached lectures, not only in public, but from house to house ; and they were diligent and laborious in catechising and instructing the children and young people, both in public and private. The people who followed them into the wilder- ness, were their spiritual children, who imbibed the same spirit and sentiments, and esteemed them as their fathers. Many of them were men of property, as Haynes, Hopkins, Wyllys, Ludlow, Wolcott, Eaton, Gregson, Desborough, Leet, and others, who were governors and magistrates in their respec- tive colonies. The people in general were pious, and strictly moral; and instances of intemperance, wantonness, Sabbath-breaking, fraud, or any other gross immorality, for many years, were rarely found among them. It was the opinion of the principal divines, who first settled New England and Connecticut, that in every church, completely organized, there was a pastor, teacher, ruling elder, and deacons. These distinct offices they imagined were clearly taught in certain passages of the Epistles ; and from these they argued the duty of all churches, which were able to be thus furnished. In this manner were the churches of Hartford, Windsor, New Haven, and other towns organized ; but those churches which were not able to support a pastor and teacher, had their ruling elders and deacons. Their ruling elders were ordained with no less solemnity than their pastors and teachers. Where no teacher could be obtained, the pastor performed the duties, both of pastor and teacher. It was the general opinion, that the pastor's work consisted principally in ex- hortation, in working upon the will and affections ; and to this the whole force of his studies was to be directed ; that by his judicious, powerful, and af- fectionate addresses he might win his hearers to the love and practice of the truth ; but the teacher \vas doctw in ecclesia, whose business it was to teach, explain, and defend the doctrines of Christianity. The business of the ruling elder was to assist the pastor in the government of the church. He was particularly set apart to watch over all its members ; to prepare and bring forward all cases of discipline ; to visit and pray with the sick ; and, in the absence of the pastor and teacher, to pray with the congre- gation, and expound the Scriptures. The pastors and churches of New England main tained, with the reformed churches in general, that bishops and presbyters were only different names for the same office ; and that all pastors, regularly separated to the Gospel ministry, were Scripture bi- shops. They also insisted, agreeably to the primi- tive practice, that the work of every pastor was confined principally to one particular church anc congregation, who could all assemble at one place whom he could inspect, and who could all unite to- gether in acts of worship and discipline. Indeed. th( first ministers of Connecticut and New England a irst maintained, that all the was confined to his own church and congregation : and that the administering of baptism and the Lord's supper in other churches was irregular. With respect to ordination, they h e ld that it did not constitute the essentials of the ministerial office. ' Ordination is an approbation of the officer, and lolemn setting and confirmation of him in his office, jy prayer, and laying on of hands," says- Mr. Hooker. [t was viewed by the ministers of New England, as no more than putting the pastor elect into office, or a solemn recommending of him and his labours to the blessing of God. It was the general opinion :hat elders ought to lay on hands in ordination, if there were a presbytery in the church ; but if there were not, the church might appoint some other elders, or a number of the brethren to that service. It was acknowledged that synods or general coun- cils were an ordinance of Christ, and in some cases expedient and necessary : that their business was to give light and counsel in weighty concerns, and bear testimony against corruption in doctrines and morals. While it was granted, that their de- terminations ought to be received with reverenee, and not to be counteracted, unless apparently re- pugnant to the Scriptures, it was insisted that they had no juridical power. The churches of Connecti- cut originally maintained, that the right of choosing and settling their ministers, of exercising discipline and performing all juridical acts was in the church, when properly organized ; and they denied all ex- ternal or foreign power of presbyteries, synods, general councils, or assemblies. Hence they were termed congregational churches. The fathers of Connecticut, as to polities, were republicans. They rejected with abhorrence the doctrines of the divine right of kings, passive obe- dience, and non-resistance. With Sidney, Hamp. den, and other great thinkers, they believed that all civil power and government was originally in the people ; and upon these principles they formed their civil constitutions. The churches of New Haven, Milford, and Guil- ford, were formed first by the choice of seven per- sons, from among the brethren, who were termed the pillars. A confession of faith was drawn up, to which they all assented, as preparatory to their co- venanting together in church estate. They then entered into covenant, first with God, to be his people in Christ, and then with each other, to walk together in the strict and conscientious practice of all Christian duties, and in the enjoyment of all the ordinances and privileges of the church of Christ. The confessions of faith contained a summary of Christian doctrine, and were strictly calvinistic. The covenants were full, solemn, and impressive, importing, " that they avouched the Lord Jehovah, Father, Son, and Holy Ghost, to be their sovereign Lord and supreme Good ; and that they gave them- selves up to him, through Jesus Christ, in the way and on the terms of the covenant of grace." They covenanted with each other to uphold the divine worship and ordinances, in the churches of which they were members ; to watch over each other as brethren; to bear testimony against all sin; and to- teach all under their care to fear and serve the Lord. The other brethren joined themselves to the seven pillars, by making the same profession of faith, and covenanting in the same manner. The members, previously to their covenanting with each ther, gave one another satisfaction with respect to their r^ pentance, faith, and purposes of holy living. UNITED STATES. It appears that the churches of New Haven and Milford were gathered to the seven pillars, on the 22d of August, 1639. The tradition is, that soon after, Mr. Davenport was chosen pastor of the church at New Haven ; and that Mr. Hooker and Mr. Stone came and assisted in his installation. Mr. Prudden was installed pastor of the church at Milford, April 8th, 1640, upon a day of solemn fasting and prayer. Imposition of hands was per- formed by Zechariah Whitman, William Fowler, and Edmond Tapp. They were appointed to this service by the other brethren of the church. The installation was at New Haven, and it seems that, the hands of the brethren were imposed in the presence of Mr. Davenport and Mr. Eaton. Though the members of Mr. Whitfield's church were, in the original agreement, at New Haven, engaged to embody into church estate, in the same manner as New Haven and Milford churches did, yet they delayed the completion of the work for a considerable time. Probably, it was because their company were not yet all arrived. But in April, 1643, Mr. Whitfield, Mr. Higginson, Mr. Samuel Desborough, Mr. William Leet, Mr. Jacob Sheaf, Mr. John Mipham, and Mr. John Hoadley, were elected the seven pillars. On the 19th of June, all the other church members were gathered unto these seven persons. Mr. Higginson, who had been preaching about two years at Guilford, with Mr. Whitfield, was, at this time, elected teacher in that church. Mr. Whitfield had not separated from the episcopal church when he came into New England ; but as he came over in orders, and his church came generally with him, there are no intimations of his installation. The circumstance of the seven pillars in these three churches appears to have been peculiar to them; and there are no intimations of it in the formation of any other churches. The churches in the other towns were gathered, by subscribing si- milar confessions of faith, and covenanting toge- ther in the same solemn manner, upon days of fasting and prayer. Neighbouring elders and churches were present on those occasions, assisted in the public solemnities, and gave their consent. When new members were admitted to full commu- nion in any of the first churches of Connecticut, they gave satisfaction to the brethren of their sin- cere repentance towards God, and faith in Christ. They commonly made a relation of their religious expediences, and were then admitted to full com- munion, by a public profession of their faith, and by covenanting in the manner which has been re- presented. Mr. Eaton continued but a short time at New Haven, and then returned to England. Mr. Wil- liam Hook succeeded him as teacher in the chui'ch. Mr. Denton, after spending three or four years at Stamford, removed to Hampstead on Long Island ; and upon his removal the church sent two of their members to seek a minister. They travelled on foot, through the wilderness, to the eastward of Boston, where they found Mr. John Bishop, who left Eng- land before he had finished his academical studies, and had completed his education in this country ; and they engaged him to go with them to Stamford; and he travelled with them on foot ; and continued with them, in the ministry, nearly fifty years. Mr. Peters, after preaching three or four yeai-s at Saybrook, returned to England ; and in 1646 a church was formed in that town, by the direction and assistance of the Rey. Mr. Hooker and some other ministers. At the same time Mr. James Fitch, who had perfected his theological studies, under the direction of Mr. Hooker, was ordained their pastor. The tradition is, that though Mr. Hooker was present, yet that hands were imposed by two or three of the principal brethren, whom the church had appointed to that service. On the 13th of October, 1652, a church was gathered at Farmington, and Mr. Roger Newton was ordained pastor ; and the same year, Mr. Tho- mas Han ford began to preach at Nor walk, and some time after a church was formed in the town, and Mr. Han ford ordained pastor. In 1660, Mr. Fitch and the greatest part of his church removed to Norwich. Mr. Thomas Buck- ingham succeeded him in the ministry at Saybrook. A council of ministers and churches assisted at his ordination, but the imposition of hands was per- formed by the brethren, as it had been before in the ordination of Mr. Fitch. The council consi- dered it as an irregular proceeding, but the brethren were so tenacious of what they esteemed their light, that it could not be prevented without much incon- venience. These fifteen churches were the whole number formed in the colony, and in which ministers had been installed or ordained, at the time of the union. The settlements and churches upon Long Island had been adjudged to the jurisdiction of New York ; and there wei'e several other towns which paid taxes, where churches were not formed, nor pastors or- dained; namely, Stonington, Middletown, Green- wich, and Rye. Nevertheless, at the two former there was constant preaching; and the general court would not suffer any new plantation to be made which would not support an able, orthodox preacher. At Stonington, Mr. Zechariah Brigden officiated about three years, until his death in 1663. To him succeeded Mr. James Noyes, the same year, who preached more than fifty-five years in the town, but he was not ordained until more than ten years after his first preaching to the people. At Middletown, Mr. Nathaniel Collins was preach- ing, but not ordained. Mr. Stow also preached there, before, or with, Mr. Collins. Greenwich and Rye were but just come under the jurisdiction of Connecticut, and not in circumstances for the support of ministers; and had only occasional preaching for a considerable time. At the time of the union the colony contained about 1,700 families, eight or nine thousand inha- bitants, and they constantly enjoyed the instruc- tions of about twenty ministers. Upon an average, there was as much as one minister to every eighty- five families, or to about 430 souls ; and in some of the new plantations, thirty families supported a minister, and commonly there were not more than forty when they called and settled a pastor; and in several of the first churches there were often not more than nine or ten male members. Exclusive of Hartford, Windsor, New Haven, and Guilford, there appears to have been none in which there were more than sixteen or seventeen male commu- nicants at their formation. The most perfect harmony subsisted between the legislature and the clergy. Many of the latter who first came into the country had good estates, and assisted their poorer brethren and parishioners in making new settlements. They possessed a very great proportion of the literature of the colony and were the principal instructors of youth. They had given a striking evidence of their integrity and '12 THE HISTORY OF AMERICA. self-denial, iu emigrating into this rough and dis- tant country, for the sake of religion, and were faithful and zealous in their labours ; and many of these circumstances combined to give them an un- common influence over their hearers, of all ranks and characters. For many years they were con- sulted by the legislature, in all affairs of import- ance, civil or religious : they were appointed on committees, with the governors and magistrates, to advise and assist them in the most delicate and im- portant concerns of the commonwealth. The ministers and churches of Connecticut ab- horred the Antinomian heresy, which so distracted the church at Boston, and some others in the Mas- sachusetts; and in the first general council in New England (1638), Mr. Hooker and Mr. Davenport bore a noble testimony against the prevailing spirit of that time. Iu the next general council (1648) in New Eng- land, ten years after, the ministers and churches of Connecticut and New Haven were present, and united in the form of discipline which it recom- mended. And in this discipline the churches of New England, in general, abided for more than thirty years; which, with the ecclesiastical laws, formed the religious constitution of the colonies. In the " platform," as it is termed, it is declared to be evident, " That necessary and sufficient maintenance is due to ministers of the word, from the law of nature and nations, the law of Moses, the equity thereof, and also the rule of common reason:" that it is matter of indispensable duty, a debt due, and not an affair of alms or free gift. " That not only members of churches, but all who are taught in the word, are to contribute unto him that teacheth in all good things : and that the ma- gistrate is to see that the ministry be duly provided for." An early provision was therefore made, by law, in Massachusetts and Connecticut, for the support of the ministry; and in the latter all persons were obliged, by law, to contribute to the support of the church, as well as of the commonwealth. All rates respecting the support of ministers, or any ecclesi- astical affairs, were to be made and collected in the same manner as the rates of the respective towns ; and special care was taken, that all persons should attend the means of public instruction. The law- obliged them to be present at the public worship on the Lord's-day, and upon all days of public fasting and prayer, and of thanksgiving, appointed by civil authority, on penalty of a fine of five shillings for every instance of neglect. The con- gregational churches were adopted and established by law ; but provision was made that all sober, or- thodox persons, dissenting from them, should, upon the manifestation of it to the general court, be al- lowed peaceably to worship in their own way. It was enacted, " That no persons within this colony shall in any wise embody themselves into church estate, without consent of the general court, and approbation of neighbouring elders." The laws also prohibited that any ministry or church admi- nistration should be entertained, or attended, by the inhabitants of any plantation in the colony, distinct and separate from, and in opposition to, that which was openly and publicly observed and dispensed by the approved minister of the place ; except it was by the approbation of the court and neighbouring churches. The penalty for every breach of this act was bl. The court declared, that the civil authority esta- blished in the colony, "Had power and liberty to see the peace, ordinances, and rules of Christ ob- served in every church, according to his word; and also to deal with any church member in a way of civil justice, notwithstanding any church relation, office, or interest." The law also provided, that no church censure should degrade or depose any man from any civil dignity, office, or authority, which he should sustain in the colony. In the grant of all new townships, special care was taken by the legislature, that the planters should not be without a minister, and the stated administration of Gospel ordinances ; and every town, consisting of fifty families, was obliged, by the laws, to maintain a good school, in which read- ing and writing should be well taught; and in every county-town a good grammar-school was insti- tuted ; and large tracts of land were given, and appro- priated by the legislature, to afford them a perma- nent support. The select men of every town were obliged, by law, to keep a vigilant eye upon all the inhabitants, and to take care that all the heads of- families should instruct their children and servants to read the English tongue well ; and that once every week they should catechise them in the principles of re- ligion. The penalty for every instance of neglect in this respect was twenty shillings for any family so neglecting. The select men were also autho- rized to take care that all families should be well furnished with bibles, orthodox catechisms, and books on practical godliness ; and it was provided by the legislature, that the capital laws should be taught weekly in every family. The colony of New Haven, from the beginning, made provision for the interests of religion, learn- ing, and the good conduct of the inhabitants, with no less zeal than Connecticut. The care and piety of the first planters did not rest here ; but they were careful, as soon as their circumstances would permit, to found public semina- ries, in which young men might be instructed in the liberal arts, prepared for the ministry, and all places of importance, in civil or religious life ; but as Connecticut and New Haven were not able, of themselves, at first to erect a college, they united with Massachusetts, and contributed to the sup- port of that at Cambridge by frequent private j contributions, and money from the public treasury ; ! and for a course of years the inhabitants educated I their sons at that university. By these means knowledge, at an early period, | was generally diffused among people of all ranks ; I and the advantages of this public and private in- : struction, and constant attention to the morals, in- : dustry, and good conduct of the inhabitants, have j been made manifest in the high degree of civil, ; ecclesiastical, and domestic peace and order, which, ' for so long a period, have rendered them eminent among their neighbours. Cambridge " platform," in connexion with the ecclesiastical laws, was the religious constitution of Connecticut, for about sixty years, until the compi- lation of the Saybrook agreement. The colony of New Haven, sensible of the im- portance of public seminaries, and of the inconve- nience of sending their sons to so great a distance as Cambridge for an education, at an early period, attempted the founding of a college ; and a propo- ' sal for this purpose was made to the general court, i in 1654; and Uie next year, at the session in May, New Haven made a donation of 300/., and Milford UNITED STATES. 713 p*>posed to give 1001. more, for the encouragement of the design. The court proposed it to the depu- ties of the other towns to inquire, and make report what they would give; and Mr. Davenport, who was the principal promoter of the affair, about the same time, wrote to Governor Hopkins, who was then in England, upon the subject; and, it seems, solicited his assistance. Soon after, some lands were given by the people of New Haven for the further encouragement of so laudable an under- taking ; and upon these favourable prospects, the legislature, in 1659, proceeded to institute a gram- mar-school at New Haven ; and it was ordered, that 401. annually should be paid out of the public treasury for its support ; and 1001. were also ap- propriated for the purchase of books for the school. In 1660 the donation of Governor Hopkins having come into the possession, and being at the disposal of Mr. Davenport, he, on the 30th of May, surren- dered it into the hands of the general court, for the purpose of founding a college. He proposed that this donation should be united with the lands which had been already given, and with such other dona- tions as might be made by the legislature, for the same purpose. The elders of the several churches in the colony were nominated as trustees. As Mr. Davenport was the only surviving legatee of Gover- nor Hopkins, with respect to that part of the dona- tion which had fallen to the share of New Haven, he desired that, for the better discharge of the trust which had been reposed in him, he might have a negative upon the corporation, with respect to the disposal of that, whenever he could exhibit sub- stantial reasons, that it was about to be applied to any purpose contrary to the design of the donor. The general court thankfully accepted the dona- tion, upon the terms on which it had been surren- dered : they appropriated the lands which had been given to New Haven to the support of the college ; agreed to collect the money given by Governor Hopkins ; and besides all other grants previously made, enacted that a 1001. stock should be paid in from the treasury of the colony, in such time and manner as the court should order : it was also or- dained, that both the grammar-school and college should be at New Haven. One Mr. Peck was ap- pointed master of the school ; but this and the col- lege were of short continuance. The troubles in which the colony was involved by the claims of Connecticut, and the defection of such numbers of their inhabitants, so impoverished and weakened it, that a support could not be obtained for the instruc- tor; and he became discouraged, and the court gave up the school ; and, by the same means, the design of a college also miscarried. After the union, the colony made further provision for a grammar-school, and all the lands and money, which had been given for that and the college, were appropriated to its support; and the school revived, and has continued to the present time. For a long course of years the churches enjoyed great peace and harmony. Mr. Hewett, teacher in the church at Windsor, died September 4th, 1644: and the Rev. Thomas Hooker, the father and pillar of the churches in Connecticut, died July 7th, 1647, in the 61st year of his age. He was born in England, at Marshfield, in the county of Leicester, in 1586 ; and appears to have been educated at Emmanuel-college, Cant- bridge, England. Afterwards he was promoted to a fellowship in the same college, where he acquit- ted himself with such ability and faithfulness, as commanded universal approbation and applause. While at college, in his youth, he was visited with those strong convictions of sin which characterized the Puritans. He was naturally a man of strong and lively passions ; but obtained a happy govern- ment of himself. In his day he was one of the most animated and powerful preachers in New England ; and in his sermons he insisted much on the application of redemption ; was searching, ex- perimental, and practical. In conversation he was pleasant and entertaining, but always grave ; and he was exceedingly prudent in the management of church discipline. It was not an uncommon in- stance with him to give away five or ten pounds at a time to poor widows, orphans, and necessitous people; and at a certain time, when there was a great scarcity at Southampton, upon Long Island, Mr. Hooker, with some friends who joined with him, sent the people a small vessel, freighted with seve- ral hundred bushels of corn for their relief. In family religion and government he was strict and prudent. He died of an epidemical fever, which prevailed that year in the country, and when dying, said, " I am going to receive mercy." He closed his own eyes, and appeared to die with a smile in his countenance. Mr. Henry Smith, first pastor of the church at Weathersfield, died in 1648, and was succeeded by the Rev. Jonathan Russell. The Rev. Mr. Prud- den died in 1656, in the 56th year of his age. Be- fore he came into New England, he was a preacher "n Herefordshire, and on the borders of Wales. His ministry was attended with uncommon success; and when he came to Connecticut, it seems that many good people followed him, that they might enjoy his pious ministrations. He had the character of a most zealous preacher, and had a singular talent for reconciling contending parties, and maintaining peace among his neighbours. He was succeeded by Mr. Roger Newton, who removed from Farrnington, and was installed at Milford, August 22d, 1660. Hands were imposed at his installation, by Zechariah Whitman, ruling elder, deacon John Fletcher, and Robert Treat, who were appointed to that service by the brother- lood. Mr. Samuel Hooker, son of the famous Mr. Hooker, of Hartford, succeeded Mr. Newton at Farmington. He was ordained in July, 1661. These deaths were all before the charter. There were also a number of removals of some of the principal ministers. The Rev. Mr. Whitfield, after ae had laboured eleven years with the people at Guildford, returned again to England. Some time n the year 1650 he took leave of his flock and con- rregation, and embarked for his native country. Hie was exceedingly beloved by his congregation, and they accompanied him to the water's side with many tears. He had a large family of nine chil- dren, whom he supported principally out of his own estate, as most of his people were poor ; but finding hat his estate was much exhausted, and that he must still labour under many and great inconveni- ences, if he continued in this country ; and having numerous and pressing invitations to return to England, he at last complied. Before he came o Connecticut he enjoyed one of the best church ivings in England, at Okely, in Surrey. His rharity was happily proportioned to his opulence ; and while he was at Okely he procured another ious and able preacher, that he might go abroad ind give assistance to other churches and poor >eoplc. While he was in England his house waa 714 THE HISTORY OF AMERICA. a place of resort for the distressed ; and though he was, for twenty years, a conformist, yet his house was a place of retreat for Mr. Cotton, Mr. Hooker, Mr. Goodwin, and other pious non-con- formists. After he came into New England, he expended much of his interest in assisting his poor people; and was a popular preacher, delivering himself with a peculiar dignity and solemnity. After his return to England, he appears to have finished his life in the ministry, at the city of Win- chester. In consequence of Mr. Whitfield's estate and expenses, in purchasing and settling the plan- tation, and of Mr. Fenwick's gift of the eastern part of the township to him, a large portion of the best land in the town was allotted to him. On his return to England he offered, upon very low terms, to sell all his lands to the town. But the people were poor, and imagined they should soon follow their pastor, and neglected to purchase. Mr. Whitfield, therefore, sold them to Major Robert Thompson, in England, by whose heirs they have been holden, to the great damage of the town, to this time. Several of the principal men returned to Eng- land with Mr. Whitfield ; particularly Mr. Samuel Desborough, Mr. Jordan and others. Mr. Desbo- rough, after his return, was made lord-keeper of the great seal, and one of the seven counsellors of the kingdom of Scotland. Mr. Higginson continued his ministry, as teacher in the church at Guilford, until about the year 1659, when, upon the death of his father, he returned to Salem, and succeeded him in the pastoral office, over the church in that town. Mr. William Hook, who for about fourteen years had been teacher in the church at New Haven, about the year 1655 returned to England. Mr. Eaton and Mr. Hook have been represented as men of great learning and piety, and as possessing ex- cellent pulpit talents. A writer of Mr. Eaton's character, says, " he was a very holy man, a per- son of great learning and judgment, and a most incomparable preacher." As he dissented from Mr. Davenport, with respect to the form of civil govern- ment; his brother, Governor Eaton, advised him to remove. After his return to England, he became pastor of a church at Duckenfield, in the parish of Stockport, in Cheshire. Mr. Hook, after his re- turn, was sometime minister at Exmouth, in Devon- shire ; and then master of the Savoy, in the Strand, London, and chaplain to the greatest man then in the nation. After the restoration, he was silenced for non-conformity, May 24th, 1662; and on the 21st of March, 1667, he died in the vicinity of London. Mr. Eaton was a companion with him in tribulation ; for soon after the restoration of Charles II., he was silenced, and suffered persecution. The Rev. Mr. Blynman, after he had laboured about ten years in the ministry at New London, in 1658, removed to New Haven ; but after a short stay in that town, he took shipping and returned to England ; and lived, to a good old age, in the city of Bristol. Mr. Nicholas Street succeeded Mr. Hook, as teacher in the church, at New Haven, about the year 1659 ; and Mr. Blynman was succeeded in office at New London, by Mr. Gershom Bulkley, from Concord, in Massachusetts. The first ministers in the colonies being thus dead or removed, and a new generation risen up, who had not all imbibed the sentiments and spirit of j their pious fathers, alterations were insisted on with respect to church discipline and baptism; and great dissensions arose in the churches. They began first in the church at Hartford, not many years after Mr. Hooker's decease. The origin of 'them appears to have been a difference between the Rev. Mr. Stone and Mr. Goodwin, the ruling elder in the church, upon some nice points of Congregationalism. It seems, that some member had been admitted, or baptism administered, which Elder Goodwin con- ceived to be inconsistent with the rights of the bro- therhood, and the strict principles of the congrega- tional churches ; and perhaps he imagined himself not to have been properly consulted and regarded. Thus not only this church became divided and in- flamed with the controversy, but it spread into almost all the neighbouring churches, which inter- ested themselves in the controversy, some taking one side, and some another, as their connexions, prejudices, and particular sentiments led them ; and finally the whole colony became affected with the dispute, and the general court particularly in- terested themselves in the affair. The brethren in the church at Hartford became so inflamed, and imbibed such prejudices and uncharitable feelings towards each other, that it was with great difficulty they could be persuaded to keep together; and to prevent an entire division of the church, it appears, that about the years 1654 and 1655, several coun- cils of the neighbouring elders and churches were called to compose the differences between the par- ties. They laboured to satisfy them with respect to the points in controversy; but the brethren at Hartford imagined, that all the elders and churches in Connecticut and New Haven were prejudiced in favour of one party or the other, and therefore they would not hear their advice. For this reason, it was judged expedient to call a council from the other colonies ; and sometime in the year 1656, a number of elders and churches from Massachusetts came to Hartford, and gave their opinion and advice to the church and the aggrieved brethren ; but as the church did not comply with the result, the parties became more alienated and embittered ; and Elder Goodwin was joined by Governor Web- ster, Mr. Whiting, Mr. Cullick, and other princi- pal gentlemen at Hartford, in defending what they esteemed the true principles of Congregationalism. Meanwhile, there was a strong party in the co- lony of Connecticut, who were for admitting all persons of a regular life to a full communion in the churches, upon their making a profession of the Christian religion,without any inquiry with respect to a change of heart ; and for treating all baptized persons as members of the church : some carried the affair still further, and insisted, that all persons who had been members of churches in England, or had been members of regular ecclesiastical parishes there, and supported the public worship, should be allowed to enjoy the privileges of members in full communion in the churches of Connecticut ; and they also insisted, that all baptized persons, upon owning the covenant, as it was called, should have their children baptized, though they came not to the Lord's table. Numbers of them took this opportunity to intro- duce into the assembly a list of grievances, on ac- count of their being denied their just rights and privileges by the ministers and churches. A dis- pate had arisen in the churches and congregations, relative to the choice of a pastor ; and it was urged, that it did not belong to the churches solely to choose the pastor for themselves and the congregation ; UNITED STATES. 715 but as the inhabitants in general had an equal con- cern for themselves and their children,with the mem- bers of the church, in the qualifications of their pastor, and as they were obliged to contribute their proportion to his support, they had a just right to give their voice in his election. The denying them this right was considered as a great grievance ; and many of the churches, and some or other of the members in all of them, it seems, maintained that the choice of a pastor belonged to them solely, exclusive of the congregation: that there was no Scripture example of any person's ever giving a suffrage in the choice of a pastor but members of the church : that pastors were ordained over the churches only, and were termed the elders, pastors, and angels of the churches. These, and a number of other points were now warmly agitated in the colony ; and the general state of the country was greatly altered from what it was at its first settle- ment. The people then were generally church members, and eminently pious. They loved strict religion, and followed their ministers into the wil- derness for its sake ; but with many of their children, and with others who had since emigrated into this country, it was not so. They had made no open profession of religion, and their children were not baptized; which created uneasiness in them, as well as in their ministers. They wished for the honours and privileges of church members for them- selves, and baptism for their children ; but they were not persuaded that they were " regenerated," and knew not how to comply with the rigid terms of the congregational churches. A considerable number of the clergy, and the churches in general, zealously opposed all innovations, and exerted them- selves to maintain the first practice and purity of the churches ; and hence dissensions arose. The general court, it seems, with a view to recon- cile the church at Hartford, and to compose difficul- ties, which were generally rising in the colony, at their session in May, 1656, took the affair into their serious consideration. They appointed a com- mittee, consisting of Governor Webster, Deputy- governor Wells, Mr. Cullick, and Mr. Talcott, all of Hartford, to consult with the elders of the colony respecting the grievances complained of; and to desire their assistance in making a draft of the heads of them, that they might be presented to the general courts of the united colonies for their ad- vice ; and the general courts were desired to give their answers with as much expedition as possible. While the churches were thus divided, they were alarmed by the appearance of the Quakers ; a num- ber of whom arrived at. Boston, in July and August, and had been committed to the common gaol. A great number of their books had been seized with a view to burn them ; and in consequence of their arrival, and the disturbance they had made at Bos- ton, the commissioners of the united colonies, at their court in September, recommended it to the several general courts, " That all Qaakers, Ranters, and other notorious heretics, should be prohibited coming into the united colonies ; and that, if any should come, or arise amongst them, they should be forthwith secured, and removed out of all the jurisdictions." In conformity to this recommendation, the gene- ral court of Connecticut, in October, passed the following act: " That no town within this jurisdic- tion, shall entertain any Quakers, Ranters, Ada- mites, or such like notorious heretics; nor suffer them to continue in them above the space of four- teen days, upon the penalty of five pounds per weeK, for any town entertaining any such person*: but the townsmen shall give notice to the two next magis- trates, or assistants, who shall have power to send them to prison for securing them, until they can conveniently be sent out of the jurisdiction. It is also ordered, that no master of a vessel shall land any such heretics ; but if they do, they shall be com- pelled to transport them again out of the colony, by any two magistrates or assistants, at their first set- ting sail from the port where they landed them; during which time, the assistant or magistrate shall see them secured, upon penalty of twenty pounds for any master of any vessel that shall not trans- port them as aforesaid." The court at New Haven passed a similar law : and in 1658 both courts made an addition to this law, increasing the penalties and prohibiting all conversation of the common people with any of those heretics, and all persons from giving them any en- tertainment, upon the penalty of five pounds. The law, however, was of short continuance, and no- thing of importance appears to have been trans- acted upon it, in either of the colonies. Upon the representations made of the grievance which had been matter of complaint to the general courts of the confederate colonies, the court of Mas- sachusetts advised that a general council should be called, and sent letters to the other courts, signify ing their opinion. The general court of New Haven wrote an answer to the grievances, and to the QUPS tions proposed respecting them ; which they supposed sufficient : but the general court of Connecticut, nevertheless, on the 26th of February, 1657, deter- mined to have a general council ; and they ap- pointed Mr. Warham, Mr. Stone, Mr. Blynman, and Mr. Russell, to meet the elders, who should be delegated from the other colonies at Boston, the next June ; and to assist in debating the questions proposed by the general court of Connecticut, or any of the other courts, and report the determi- nation of the council to the general court. The church at Hartford continuing their conten- tions, the court directed the elders, who were going to Boston, to confer with the several ministers in the Massachusetts, who had been of the council, relative to the circumstances of that church, and to desire them to come to Connecticut, and give their assist- ance in council at Hartford. The court also directed the church there to send for the former council : and to state the matters with which they were not satisfied ; and if this council should not be so happy as to give them satisfaction, then they were di- rected to invite Mr. Sherman of Watertown, and several other ministers from the Massachusetts, to make a visit at Hartford, and attempt the healing of the breach made in the church there. Governor Webster, Mr. Cullick, and Mr. Steel dissented from the resolution of the assembly, and declared, in open court, that it did not appear tc them that the measures adopted by the court were any where directed by the Divine word, or calcu lated to restore peace to the churches. They ap- pear to have been of the aggrieved brethren at Hartford, and satisfied with the result of the former council, to which the church did not submit. They doubtless judged it more agreeable to Scripture and reason, and especially to the principles of congrega tional churches, to choose a council for themselves when they should judge it expedient, than to nave one imposed upon them by legislative authority. The general court at New Haven were utterly 716 THE HISTORY OF AMERICA. opposed to a general council; and, upon receiving a letter from the Massachusetts, inviting them to send a number of their elders to assist in the coun- cil, they, in a long letter, remonstrated against it, and excused themselves from sending any of their ministers. They represented, that the petition and questions, exhibited to the general court of Con- necticut, were unwarrantably procured, and of dangerous tendency : that they heard the petition- ers were confident that they should obtain great alterations both in civil government and church discipline : that they had engaged an agent to prove, " That parishes in England, consenting to and continuing meetings to worship God, were true churches," and that the members of those parishes, coming into New England, had a right to all church privileges; though they made no profession of a work of faith and holiness upon their hearts : they expressed their apprehensions, that a general coun- cil at that time would endanger the peace and purity of the churches : they acquainted the gene- ral court of Massachusetts that they had sent an answer to all the questions proposed to the court ol Connecticut; and that it was their opinion that the legislature and elders of that colony were sufficient to determine all those points without any assistance from abroad : they observed that, on account of the removal of Mr. Whitfield and Mr. Hook, and the late death of Mr. Prudden, their elders could not be spared; and with their letter, they sent the answers, which they had given to the questions to be debated, and they entreated the court and their elders seriously to consider them. They desired that, as the court had formed their civil polity and laws upon the Divine word, and as the elders and churches had gathered and received their discipline from the same, they would exert themselves to pre- serve them inviolable : and observed that, consider- ing the htate of affairs in Connecticut, unless the general court of Massachusetts should firmly ad- here to their then constitution, and the counci" should have the Divine presence with them, their meeting might be of the most unhappy consequence to the churches. The colonies of Connecticut and Massachusetts persisted in calling a general council; and the questions proposed for discussion, as they stanc upon the records, are the following : 1. Whether federal holiness, or covenant interest be not the proper ground of baptism ? 2. Whether communion of churches, as such, be not warrantable by the word of God? 3. Whether the adult seed of visible believers not cast out, be not true members, and subjects o church watch ? 4. Whether ministerial officers are not as trul bound to baptize the visible disciples of Christ, pro videntially settled among them, as officially * preach the word ? 5. Whether the settled inhabitants of the country being members of other churches, should have thei children baptized amongst us, without themselve first orderly joining in churches here ? 6. Whether membership, in a particular insti tuted church, be not essentially requisite, under th Gospel, to entitle to baptism ? 7. Whether adopted children, and such as ar bought with money, are covenant seed ? 8. Whether things new and weighty may b managed, in a church, without concurrence of offi cers, and consent of the fraternity of the sam church ? And if things of conimon concernmen len how far the consent of neighbouring churches to be sought ? 9. Whether it doth not belong to the body of a wn, collectively taken, jointly to call him to be it-ir minister, whom the chuch shall choose to be eir officer? 10. Whether the political and external adminis- ation of Abraham's covenant be not obligatory to ospel churches ? 11. Unto whom shall such persons repair, that re grieved at any church process or censure ; or helher they must acquiesce in the church's cen- ure to which they belong ? 12. Whether the laying on of hands in ordina- ation belong to presbyters or brethren ? 13. Whether the church, her invitation and lection of an officer, or preaching elder, necessi- dtes the whole congregation to sit down satisfied, s bound thereby to accept him as their minister, hough invited and settled without the town's con- ent? 14. What is the Gospel way to gather and settle hurches ? 15. From whom do ministers receive their com- nission to baptize ? 16. Whether a synod hath a decisive power? 17. Whether it be not justifiable, by the word of lod, that civil authority indulge congregational nd presbyterian churches, and their discipline in he churches ? It appears, by the records, that several other questions were proposed, but these are all which are to be found upon them. The council convened at Boston, June 4th, 1657, and, after a session of a little more than a fortnight, rave an elaborate answer to twenty-one questions. The elders from Connecticut brought back an au- hentic copy of the result of the council, and pre- sented it to the general court, at a session on the L2th of August; and the court ordered, that copies hould be sent forthwith to all the churches in the colony; and if any of them should have objections gainst the answers which had been given, they were directed to transmit them to the general court, at the session in October. The answers were afterwards printed in London, under the title of " A disputation concerning church members and their children." Several of the ques- tions involve each other; but the principal one was that respecting baptism and church member- ship ; and an answer to this, in effect, answered a considerable part of the other questions. With respect to this latter, it was asserted, " That it was the duty of infants, who confederated in their pa- rents, when grown up unto years of discretion, though not fit for the Lord's supper, to own the covenant they made with their parents, by entering thereinto, in their own persons ; and it is the duty of the churches to call upon them for the perform- ance thereof; and if, being called upon, they shall refuse the performance of this great duty, or other- wise continue scandalous, they are liable to be cen- sured for the same by the church. And in case they understand the ground of religion, and are not scandalous, and solemnly own their covenant in their own persons, wherein they give up themselves and their children unto the Lord, and desire bap- tism for them, we see not sufficient cause to deny baptism unto their children." The answer to this question was, in effect, an answer to the other respecting the right of towns to vote in the election of ministers ; for if they were UNITED STATES 717 aH members of the church by baptism, and under its discipline, they doubtless had a right to vote with the church in the election of their pastor. Indeed, there was no proper ground of distinction between them and the church ; and hence, it seems, the answer to that question was to this effect, " That though it was the right of the brotherhood to choose their pastor, and though it was among the arts of antichrist to deprive them of this powe~, yet they ought to have a special regard to the baptized, by the covenant of God, under their watch." The decisions of the council do not appear to have had any influence to reconcile, but rather to inflame the churches; and a number of ministers, and the churches pretty generally, viewed this as a great innovation, and entirely inconsistent with the principles on which the churches of New Eng- gland were originally founded, and with the princi- ples of Congregationalism. The church at Hartford, and the aggrieved bre- thren, instead of being satisfied and reconciled, ap- peared to be thrown into a state of greater aliena- tion and animosity ; and the aggrieved soon after withdrew from Mr. Stone and the church, and were about forming a union with the church at Weathers- field. Among them were Governor Webster, Mr. Goodwin, ruling elder in the church, Mr. Cullick, and Mr. Bacon, principal men both in the church and town. Mr. Stone and the church were about to proceed against the receders, but the general court interposed, and passed an act, prohibiting the church at Hartford to proceed any further against the members who had withdrawn from their com- munion, and prohibited those members to join with the church at Weathersfield, or any other church, until further attempts should be made for their reconciliation with their brethren. By the act it appears, that the churches in the colony were generally affected with the dispute at Hartford, and viewed it as a common cause, with respect to all the congregational churches ; and it exhibits, in so strong a point of light, the authority which the ge- neral court imagined they had a right to exercise over the churches, and the spirit of those times, as to deserve to be quoted. It was as follows : " This court orders, in reference to the sad difficulties that are broken out in the several churches in this colony, and in special, betwixt the church at Hartford and the withdrawers ; and to prevent further troubles and sad consequences, that may ensue from the premises to the whole commonwealth, that there be, from henceforth, an utter cessation of all further prosecution, either oil the church's part at Hartford towards the withdrawers from them; and, on the other part, that those that have withdrawn from the church at Hartford, shall make a cessation in pro- secuting their former propositions to the church at Weathersfield, or any other church, in reference to their joining there, in church relation, until the matters in controversy betwixt the church at Hart- ford and the withdrawn members, be brought to an issue, in that way the court shall determine." The court having desired the elders of the colony to meet them, and assist in adopting some measures by which the divisions in the churches, and especi- ally in that at Hartford, might be healed, adjourned about a fortnight; but assembled again on the 24th of March. Whether the elders met them, or not, does not appear ; but the advice of the assem- bly at this time was, that Mr. Stone, with the church and brethren who had withdrawn, should meet together; and, in a private conference, if possible, agree upon some terms by which they might be reconciled. Governor Wells, and Depu- ty-governor Winthrop were appointed to meet with them, and employ their wisdom and influence to make peace. It seems, that the church did not comply with this advice ; or if there were any meeting of the parties, nothing was done to effect an accommoda- tion ; and it appears that Mr. Stone viewed the withdrawn brethren as in the hands of the church at Hartford, and the matters to be determined as not lying before any council or the general court; and he would not admit that he, or the church, had counteracted the advice of the former council ; and therefore, at the session in May, petitioned that the following propositions might be entered upon the records of the colony, and that the withdrawn brethren, or some person whom they should ap- point, would dispute them with him in the presence of the court. " 1. The former council, at Hartford, June 26. is utterly cancelled, and of no force. 4i 2. There is no violation of the last agreement, (made when the reverend elders of the Massachu- setts were here,) either by the church of Christ at Hartford, or their teacher. " 3. The withdrawn brethren have offered great violence to the fore-mentioned agreement. " 4. The withdrawn brethren are members of the church of Christ at Hartford. " 5. Their withdrawing from the church is a sin exceeding scandalous and dreadful, and of its own nature destructive to this and other churches. " 6. The controversy between the church of Christ at Hartford, and the withdrawn persons, is not in the hands of the churches, to be determined by them. " SAMUEL STONE." It does not appear that the court gave their con- sent, that the propositions should be disputed before them, or that they enacted any thing at this court respecting the affairs of the church, or the brethren who had withdrawn ; but at a session, in August, they insisted that the church and aggrieved bre- thren should meet together, according to their for- mer advice, and debate their difficulties among themselves, and that the points in controversy should be clearly stated. At this time a complaint was exhibited against Governor Webster, Mr. Cullick, Elder Goodwin, and others, who had withdrawn from their brethren ; but the court would not hear it at that time ; and ordered, that if the church and brethren would not agree to meet together and debate their differences among themselves, each party should choose three as indifferent elders as could be found ; who should afford all the light and assistance in their power, towards settling the differences according to the Divine oracles; and that both parties should peace- ably submit to their advice ; and if either of the parties should refuse to make choice of three gen- tlemen, for the design proposed, the court deter- mined to choose for them. The church rejected the proposal, and the court chose Mr. Cobbett, Mr. Mitchel, and Mr. Danforth, for them ; and as a re- serve, if either should fail, Mr. Brown was chosen. The aggrieved brethren chose Mr. Davenport, Mr. Norton, and Mr. Fitch; and, as a reserve, Mr. Street. The council were to meet on the 17th of September ; but the church, it seems, would not send for the council, and so it did not assemble. At a session of the general court the next year, March 9th, 1659, it was determined, that as its past 718 THE H (STORY OP AMERICA. labours to promote unanimity at Hartford had been frustrated by the non-compliance of the parties, the secretary, in the name of the court, should desire the elders, who had been formerly appointed, to meet at Hartford on the 3d of June succeeding, and afford their assistance in healing the breach which had been made there. It was also enacted, that the church at Hartford, and the brethren who had withdrawn, should jointly bear the expenses of the former council, and of making provision for that which had been then appointed. The council consisted of the elders and churches ol Boston, Cambridge, Charlestown, Ipswich, Ded- ham, and Sudbury; who assembled, according to appointment, and were zealous in their labours to soften the minds and conciliate the affections of the parties ; and though they did not effect a reconci- liation, yet they brought the brethren much nearer together than they had been, and left the church and town in a better state than they had enjoyed for years before. On the 15th of June the court assembled, and perceiving the good effects of this council, desired the same gentlemen to meet again at Hartford, on the 19th of August; and upon the choice and desire of the brethren who had withdrawn, the Rev. John Sherman, and the church at Watertown, and the elder and church at Dorchester, were also in- vited to come with them. The general court, in this state of the controversy, ordered the heads of the complaint, which had been exhibited against the withdrawn brethren, to be drawn up and sent to them, and they were required to appear before the court in October, and answer to them. The church agreed to the whole council, and the aggrieved to seven of them. The general court ordered, that both parties should submit to the judgment of the council, and that it should be a final issue. The council convened again at Hartford, and so far composed the difficulties which had so long sub- sisted, as to prevent a separation at that time ; and some of the chief characters were soon removed by death. Mr. Cullick went to Boston, and a consi- derable number to Hadley ; and, by these means, the church was restored to a tolerable state of peace and brotherly affection ; but it was viewed by some of its own members, and others, as having, in some degree, departed from the strict principles of the first congregational churches in New England; and seems afterwards to have divided nearly on the same grounds. Doctor Mcther, in his Magnalia, represents that it was difficult, even at the time of the controversy, to find what were the precise points in dispute. In- deed, what the particular act or sentiment in Mr. Stone or the church was, which gave Elder Goodwin disgust, and began the dissension, does not fully appear. Nothing however is more evident, from the questions propounded, which it appears were drawn by the very heads of the parties, and by the gentlemen chosen by the disaffected brethren, and rejected by the church, than that the whole contro- versy respected the qualifications for baptism, church membership, and the rights of the brotherhood. Mr. Stone's ideas of Congregationalism appear to have bordered more on presbyterianism, and less on in- dependence, than those of the first ministers in the country in general; as his definition of Congrega- tionalism was, " That it was a speaking aristocracy in the face of a silent democracy." The Hartford controversy was, for its circum- stances, duration, and obstinacy, the most remark- able of any in its day ; and it affected all the churches, and insinuated itself into all the affairs of societies, towns, and the whole commonwealth. Dr. Mather, in his figurative style, says, " From the fire of the altar, there issued thunderings and lightnings, and earthquakes, through the colony;" which was con- sidered as very remarkable, as the church at Hart- ford had been famous for its instruction, peace, and brotherly love. The commissioners of the united colonies, in Sep- tember, 1656, wrote a friendly and pacific letter on the subject: in which they say, " We have, with much sorrow of heart, heard of- your differences, and that the means attended hitherto, for composing them, have proved ineffectual. We cannot but be deeply sensible of the sad effects and dreadful con- sequences of dissensions, heightened and increased in a church of such eminence for light and love;" and they represented to them, that though all the churches sympathized with them, yet they them- selves would be sure, in the first place, to ftel the smart; and they most earnestly exhorted them not only to be exceedingly cautious of all further provo- cations, but to employ all their wisdom and exer- tions for a reconciliation. The proclamation for a public thanksgiving in November, recognised the success of the council, in composing the difficulties at Hartford, as an event demanding public joy and praise. The church at Weathersfield interested themselves in the dispute at Hartford, and became divided and contentious; and some of the brethren exhibited a complaint to the court against Mr. Russell, for joining with the church in excommunicating one of the brethren, as it was alleged, without giving him a copy of the complaint exhibited against him, and without ac- quainting him with his crime. The general court ordered, that Mr. Russell should be reproved for acting contrary to the usage of the churches; and the brethren were divided with respect to their church state. Some insisted, that they were no church, because they had never been gathered ac- cording to Gospel order; or if they had been a church, that the members of it had moved away in such a manner, as had destroyed its very existence: and many were inviolably attached to Mr. Russell, while others strenuously opposed him. In this state of affairs, the general court appointed the elders and churches of Hartford and Windsor, a council to hear the difficulties which had arisen in the church and town ; but the parties could not be reconciled ; and Mr. Russell removed to Hadley, where he and a number of his warm friends from Hartford and Weathersfield planted a new town and church. The general court resolved, that a church had been regularly gathered at Weathersfield by the consent of the general court, and approbation of neighbouring elders; and that, though divers of the members had removed to other places, yet the brethren there were the true and undoubted church of Weathersfield, and so to be accounted, notwith- standing any thing which might appear. Thus ter- minated the controversy; and Mr. Bulkley, in 1666, removed from New London, and succeeded Mr. Russell in the pastoral office. The same year, Mr. Simon Bradstreet, from Charlestown, came to New London, and took the pastoral charge of the church there. About the time of Mr. Russell's removal from Weathersfield, the minds of the people at Middle- town became alienated from Mr. Stow, who appears UNITED STATES. 719 to have been the first minister in that town ; and a committee of ministers and civilians, appointed by the general court, dismissed him, on account of the evil temper of the people towards him. Many of the ministers and of the people in the country were for extending baptism, according to the determination of the general council in 1657 ; but the churches were so generally and warmly op- posed to it, that it could not be effected without a synod; and as this and the "consociation" of churches were favourite points, which a large num- ber of the clergy and principal civilians in Massa- chusetts and Connecticut wished to carry, the gene- ral court of Massachusetts appointed a synod of all the ministers in that colony, to deliberate and decide on those points. The questions proposed were, 1. Who are the subjects of baptism ? 2. Whether, according to the word of God, there ought to be a consociation of churches ? The council met at Boston, in September, 1662 ; and their answer to the first question was substan- tially the same with that given by the council in 1657 ; and they declared, " That church member.*, who were admitted in minority, understanding the doctrine of faith, and publicly professing their assent thereunto, not scandalous in life, and solemnly owning the covenant before the church, wherein they give up themselves and children to the Lord, and subject themselves to the government of Christ in his church, their children are to be bap- tized." They further resolved, " That the members of orthodox churches, being sound in the faith, and not scandalous in life, and presenting due testimony thereof, these occasionally coming from one church to another, may have their children baptized in the church whither they came, by virtue of commu- nion of churches." And they also gave their opinion in favour of the consociation of churches. However, the council were not unanimous ; seve- ral learned and pious men protested against the de- termination relative to baptism. The Rev. Charles Chauncey, president of Harvard-college; Mr. In- crease Mather, afterwards doctor in divinity; Mr. Mather, of Northampton ; and others, were warmly in the opposition ; and President Chauncey wrote a tract against the resolution respecting baptism, en- titled Antisynodalia; and Mr. Increase Mather also wrote in opposition to the council; and Mr. Davenport, and all the ministers in the colony of New Haven, and numbers in Connecticut, were against the resolutions. The churches were more generally opposed to them than the clergy. The general court of Connecticut took no notice of the synod, nor of the dispute, but left the elders and churches at liberty to act as they pleased : these were attempting to form a union with New Haven; and, as the ministers and churches of that colony were unanimous in their opposition to the synod", the court probably judged it impolitic at that time to act any thing relative to these ecclesiastical points. While the churches were agitated with these dis- putes, Mr. Stone died in England, July 20th, 1663. He had his education at Emmanuel-college, in the university of Cambridge ; and was eminently pious and exemplary ; abounded in fastings and prayer, and was a most strict observer of the Christian Sab- bath. Preparatory to this, he laboured to abstract himself on the Saturday evening, and was careful not to- speak a word which was not serious ; and spent much tiuie in the instruction of his family, commonly delivering to them the sermon which he designed to preach on the morrow, or some other, which might be best calculated for their instruction and edification. His sermons were doctrinal, re- plete with sentiment, and concisely and closely applied. He was esteemed one of the most accurate and acute disputants of his day ; and was celebrated for his wit, pleasantry, and good humour. All the original ministers of Connecticut and New Haven, except Mr. Warham and Mr. Daven- port, had now finished their course, or returned to England ; and most of their brethren, who composed the first hurches,slept with them in the dust ; and the first governors and magistrates were now also dead. The next year the general court of Connecticut came to a resolve, with a view to enforce the reso- lution of the synod in the words following : " This court understanding by a writing presented to them from several persons of this colony, that they are aggrieved, that they are not entertained in church fellowship, this court having duly considered the same, desiring, that the rules of Christ may be attended, do commend it to the ministers and churches in this colony, to consider whether it be not their duty to entertain all such persons, who are of an honest and godly conversation, having a competency of knowledge in the principles of reli- gion, and shall desire to join with them in church fellowship, by an explicit covenant ; and that they have their children baptized: and that all the chil- dren of the church be accepted and accounted real members of the church ; and that the church ex- ercise a due Christian care and watch over them : and that when they are grown up, being examined by the officer, in the face of the church, it appear in the judgment of charity, that they be duly quali- fied to participate in that great ordinance of the Lord's supper, by their being able to examine them- solves and discern the Lord's body, such persons be admitted to full communion. *' The court dcsireth the several officers of the respective churches would be pleased to consider, whether it be not the duty of the court to order the churches to practise according to the premises, if they do not practise without such order. If any dissent from the contents of this writing, they are desired to help the court, with such light as is with them, the next session of this assembly." The secretary was directed to send a copy of this resolution to all the ministers and churches in the colony ; and the elders and churches who would not comply with the proposed innovation, had not only to combat the arguments and influence of the synod, but the influence of the uneasy people in the congre- gations, and of the general court; but it was but slowly, and with great difficulty, that the practice of owning the covenant, and baptizing the children of parents who did not enter into full communion, and attend both the sacraments, was introduced. But few churches for many years admitted the prac- tice, and some never did ; and it appears that, not- withstanding tbe influence of the general court, and the resolutions of the synods, or general councils, a majority of the churches in Connecticut were against it. They imagined that such a latitude in baptism, and admission of members to communion, would subvert the very design for which the churcheb of New England were planted. The discipline and usages of the Connecticut churches continued yet 'or some time nearly in the same situation in which they had been from the be- ginning. The clergy and churches were strict itt 720 THE HISTORY OF AMERICA. the admission of members to full communion ; and those who were admitted, generally made a public relation of their Christian sentiments. The elders and churches were exceedingly strict, with respect to those whom they ordained; examin- ing them not only in the three learned languages and doctrinal points of theology, with respect to cases of conscience, and their ability to defend Christianity and its doctrines against infidels', but with respect to their own sentiments of religion. All those who were to be ordained over any church, previously to their separation to the sacred office, satisfied the brotherhood of their spiritual birth, and were admitted to their communion and fellowship ; and none were ordained, or installed over any church, until they had been admitted to its full com- munion and fellowship ; and they were also strict in the formation of churches ; none could be formed, nor any minister ordained, without liberty from the general court, and the approbation of the neighbour- ing elders and churches. From the preceding view, it appears that before the union there were fifteen churches in Connecticut, exclusive of those which had been formed upon Long Island ; and that there had been thirty-one ministers in the colony ; of whom about twenty-five or twenty- six had been installed or ordained; and that twenty- one were ministering to the people at the time of the union ; nineteen of whom had been installed or or- dained. The other two, Mr. Noyes and Mr. Collins, were afterwards settled in the ministry, in the towns where for some years they had been labouring. Conduct of the king's commissioners Counties and county courts regulated Governor Winthrop's estate freed from taxation Towns settled' Controversy with Rhode Island The grounds of it Courts ap- pointed in the Narraganset country Laws revised and printed War with the Dutch Claims and con- duct of Major Edmund Andross, Governor of New York Protest against him Conduct of Captain Thomas Bull Proclamation respecting the insult received from Major Andross Philip's war Cap- tains Hutchinson and Lothrop surprised and slain Treachery of the Springfield Indians Hadley at- tacked by the enemy The assembly make provision for the defence of Connecticut Expedition against the Narraganset Indians The reasons of it The great swamp Jight Loss of men Courage exhibited, and hardships endured Captain Pierce and his party cut off- Nanunttenoo taken Success of Cap- tains Denison and A very Captain Wadsworth and his party slain Death and character of Governor Winthrop Success of Major Talcott Attack upon Hadley The enemy beaten and begin to scatter They are pursued to Housatonick Sachem of Qua- baug and Philip killed Number of the enemy before the war Their destruction Loss of the colonies Connecticut happy in preserving its own towns and assisting its neighbours (1665.) After the reduction of the Dutch settle- ments, Colonel Nichols fixed his residence at New York, to manage the affairs of government; and Sir Robert Carr, Cartwrith, and Maverick, the other commissioners, went to Boston, and proceeded upon the business of their commission. After they had communicated their instructions to the general court, and made a number of requisitions inconsist- ent with the chartered rights of the colony, and some inconsistent with the rights of conscience and of the churches, they went from Boston to Narra- ganset ; aud held courts at Warwick and Southerton, and spent a considerable time in hearing the com- plaints of the Indians, in determining the titles of the English to their lands; and without any colour of authority from their commission, undertook to make a new province; and amongst other arbitrary resolves, decided that the deed of the Rhode Islanders, from the Indians, was of no force. Captain Ather- ton, and others, had made a large purchase of the Indians in Narragauset, east of Pawcatuck river, and the planters had put themselves under the go- vernment of Connecticut ; but the commissioners determined that Captain Atherton's deed was not legal, because there was no mention of the sum which he had paid. However, as it appeared that a full consideration had been paid the Indians for the lands, the commissioners ordered the natives to pay to the purchasers a certain quantity of wampum, and the planters to move off from the lands ; and as the Narraganset sachems had in 1664, made their subjection to the king of England, acknowledging themselves to be his subjects, they declared that the country belonged to his majesty, and that in future it should be called " the king's province ;" and they determined, that no person of what colony soever should presume to exercise any authority within that tract, except those who should be authorized by them, until his majesty's pleasure should be known. They also further decreed, that the king's province should extend westward to the middle of Pawcatuck river, and northward as far as the south line of Massachu- setts ; and in the plenitude of their power, they also ordered that the Pequots, to whom the general as- sembly of Connecticut had, agreeably to a resolu tion of the commissioners of the united colonies, assigned a tract of land on the east of Pawcatuck, should be removed and settled in some other place, which the assembly should appoint west of that river ; and they came to these important decisions, with- out giving Connecticut any notice, or ever hearing what reasons the colony had to offer against them. When they had finished their business in Narra- ganset, they returned to Boston ; and there proceeded in the same arbitrary manner. They came to no determination with respect to the claim of the duke of Hamilton, but returned the answer of Connecticut to the king, and made a very friendly report to him of the manner in which they had been received by the colony of Connecticut, and of the loyalty and attachment of the people to his royal person ; and in consequence the king sent a gracious letter to the colony ; in which he says, " We cannot but let you know how much we are pleased. Although your carriage doth of itself most justly deserve our praise and approbation, yet it seems to be set off with more lustre by the contrary deportment of the colony of Massachusetts. We shall never be unmindful of this your loyal and dutiful behaviour." At the general election, May llth, 1666, the' former governor and council were re-elected. The general assembly at this session proceeded to ascertain the limits of the counties and the busi- ness of the county courts ; and it was enacted, that the towns upon the river, from the north bounds of Windsor, with Farmington, to thirty miles inland, should be one county, to be called the county of Hartford ; and that from Pawcatuck river, with Norwich, to the west bounds of Hammonasset, should be one county, by the name of the county of New London; and that from the east bounds of Stratford to the western boundary of the colony, be another county, to be known by the name of the county of Fail-field. The county courts were to UNITED STATES. 721 consist of one magistrate at least, and of two jus ticesof the quorum; and if three magistrates were present, they were authorized to proceed to business, though the justices were absent. The probation of wills and all testamentary matters, which before had been transacted in the court of magistrates, were referred to the county courts, with the liberty of appeal to the superior court. lu 1667, no alteration was made with respect to the governor and council, but Governor Winthrop, at first declined his office ; and the assembly ap- pointed a committee, and desired to know the rea- sons of his desire to leave the chair ; and they re- ported the reasons to the assembly ; which it seems were, that the expense of his office was such, that he could not, consistently with his duty to himself and family, continue in it, without some further allow- ance from the colony. The assembly continued their earnest desire, that he would accept the trust to which he had been chosen ; and to enable him to support his office with dignity, the legislature freed all his estate in the colony from taxation, and granted him 1101. out of the public treasury. Upon these encouragements, in connexion with the desire and unanimity of the freemen, he consented to ac- cept his appointment. About the year 1664, settlements had commenced on the east side of Connecticut river, upon the tract, on that side, which originally belonged to the town of Saybrook; and in May, 1667, the inhabitants were so increased, that the assembly made them a distinct town by the name of Lyme. The Indian name for the eastern part of the town was Nehan- tick. At the election in 1668 the freemen elected Mr. Alexander Bryan, Mr. James Bishop, Mr. Anthony Hawkins, and Mr. Thomas Wells, magistrates, in- stead of Mr., Matthew Allen, Mr. Sherman, Mr. Crane, and Mr. Clark. In this and the next year several new settlements were made and new towns incorporated; and on the 20th of May, 1662, a purchase was made of the Indians, of a township of land termed thirty miles island; the Indian name of the tract, east of the river, was Machemoodus. The original proprietors were twenty-eight ; who began their settlements on the west side of the river, and the inhabitants were so increased, that in the session in October, 1668, the plantation was vested with town privileges, and named Haddam. The extent of the township was six miles east and west of the river. About the same time a settlement was made at Massacoe. In April, 1644, the general court of Connecticut had given liberty to Governors Hopkins and Haynes to dispose of the lands upon Tunxis river, called Massacoe, to such of the inhabitants of Windsor as they should judge expedient ; and in 1647 the court resolved that Massacoe should be purchased by the country, and a committee was ap- pointed to dispose of it to such of the inhabitants of Windsor as they should choose; and a purchase of the lands was made of the Indians, and settlemente b?gan under the town of Windsor. The plantation, at first, was considered as an appendix or part of that town : but in the session in May, 1670, it was enacted, that Massacoe should be a distinct town, by the name of Symsbury; and the limits were ordered to be ten miles northward from the north bounds of Farmington, and ten miles westward from the western bounds of Windsor. About the same time New Haven village was in- coiporated and made a town, by the name of "Wal- HIST. OF AMKR. Nos. 91 & 92 lingford. The purchase of the town had been made by Governor Eaton, Mr. Davenport, and other planters of New Haven, in December, IG38; but the settlement was not projected until 1669 ; when a committee was appointed by the town of New Haven, vested with powers to manage the \vhole affair of the settlement; which held the lands in trust, and acted in all the affairs of the town, as trustees, until May 1672, when the trust was re- signed to the town. .At the general election, May 1670, William Leet, Esq. was chosen deputy-governor, and Major Mason, who for many years had been deputy-gover- nor, was chosen the first magistrate. Until this time the great body of the freemen had annually convened at Hartford, upon the day of election, to make choice of the governor, magis- trates, and civil officers, appointed by charter, to be elected on that day ; but the freemen were now be- come so numerous, and it had been found to be so expensive and inconvenient, that it was judged ne- cessary to alter the mode of election ; and the as- sembly resolved, " That henceforth all the freemen of this jurisdiction, without any further summons, from year to year, shall or may upon the second Thursday in May, yearly, in person or in proxy, at Hartford, attend and consummate the election of governor, deputy-governor, and assistants, and such other public officers as his majesty hath appointed, by our charter, then yearly to be chosen:" at the same time a law was made, regulating the freemen's meetings and the mode of election, nearly the same with that respecting the election at the present time. While the colony was thus extending its settle- ments, and regulating its internal police, great dis- sensions arose respecting the boundaries between Connecticut and Rhode Island; aud from year to year Connecticut had appointed committees to settle the boundary line between the colonies, but all their attempts had been unsuccessful. In 1668 the assembly appointed Mr. Wyllys, and Mr. Robert Thompson, of London, by petition or otherwise, to represent the affair to his majesty, and obtain a resolution respecting the boundary line ; but nothing decisive, however, was effected ; and mean- while, the conduct of Rhode Island was such, that the general assembly of Connecticut declared it to be intolerable, and contrary to the settlement made by his majesty's commissioners ; and the assembly, therefore, in May 1670, appointed Mr. Leet, the deputy-governor, John Allen, and James Richards, Esquires, Captain John Winthrop, and Captain Benjamin Newbury, a committee to meet at New London, the June following, to treat with such gen- tlemen from Rhode Island as should be sent, pro- perly authorized to act in the affair; and concern- ing the injuries which the inhabitants of that colony had done to the people of Connecticut. They were not only vested with plenary powers to compromise these difficulties, but, in case the commissioners from Rhode Island would not agree to some equita- ble mode of settlement, to reduce the people of Squamacuck and Narraganset to obedience to this colony ; and were also authorized to hold courts in the Pequot and Narraganset country, and to hear and determine all cases of injury which had been done to the inhabitants of Connecticut, according to law ; and to appoint all officers, necessary for the peaceable government of that part of the colony. The commissioners of the two colonies met at New London, but could effect no settlement of the controversy; as the commissioners from R*hode 3 T 722 THE HISTORY OF AMERICA. Island insisted that Pawcatuck river was their boundary, according to the express words of their charter; and those from Connecticut, that their charter, which was prior to that of Rhode Island, bounded them easterly upon Narraganset Bay and river, and that the Pequot country, which they had conquered, extended ten miles east of Pawcatuck ; and that therefore they had a right to that part, both by charter and conquest. As no agreement could be effected, the committee from Connecticut went into the Narraganset country, and read the charter at Wickford, and the plantations east of Pawcatuck river; and, in the name of the general assembly of Connecticut, demanded the submission and obedience of the people to its authority and laws; and appointed officers for the good govern- ment of the people. Both colonies had something plausible to plead. The case, when truly stated, seems to be, that the old patent of Connecticut, to Lord Say and Seal, Lord Brook, and their associates, bounded the tract conveyed eastward, by Narraganset Bay and river ; and the charter granted in April 1662, gave the same boundaries as the old patent in 1631 ; but Pawca- tuck river was never known by the name of Nar- raganset river, and it made no bay; consequently the mouth of it, and the sea there, could not be called Narraganset bay. But when Mr. John Clark was in England, as agent for the colony of Rhode Island, in 1663, there arose much difficulty between him and Mr. Winthrop, respecting the boundaries between the two colonies ; and they were advised, by their friends, to submit the controverted points to arbitrators, in England, to which they consented; and consequently William Breereton, Esq., Major Robert Thompson, Captain Richard Deane, Captain John Brookhaven, and Doctor Benjamin Worseley, were mutually chosen to hear and determine the dis- putes ; and they came to the following determina- tion : " First, That a river there commonly called and known by Pawcatuck river, shall be the certain bounds between those two colonies, which said river shall, for the future, be also called alias Narragance or Narraganset river. " Secondly, If any part of that purchase at Qui- nebaug doth lie along upon the east side of the river, that goeth down by New London, within six miles of the said river, that then it shall wholly be- long to Connecticut colony, as well as the rest which lieth on the western side of the aforesaid river. " Thirdly, That the proprietors and inhabitants of that land about Mr. Smith's trading-house, claimed or purchased by Major Athertou, Captain Hutchinson, Lieutenant Hudson, and others, or given unto them by Indians, shall have free liberty to choose to which of those colonies they will belong. " Fourthly, That propriety shall not be altered nor destroyed, but carefully maintained through the said colonies." To this the two agents, John Winthrop and John Clark, Esquires, interchangeably set their hands and seals, as an agreement finally terminating the controversy between them, on the 7th of March, .1663 ; and, in consequence, the charter of Rhode Island, granted July 8th, 1663, bounded that colony westward by Pawcatuck river, and ordained, with particular reference to the agreement, which is re- cognised in the charter, that this river should be called alias Narragance or Narraganset river; and that the same shall be holden by the colony oi Rhode Island, " any grant, or clause in a late grant, ,o the governor and company of Connecticut co- ony in America, to the contrary thereof, in any wise notwithstanding." The proprietors mentioned in the agreement, made choice of the government of Connecticut, July 3d, 1663, and were taken under the jurisdiction nd protection of this colony. Connecticut insisted, that Mr. Winthrop's agency was finished before the agreement with Mr. Clark, and that he had never received any instructions ? rom the colony, authorizing him to enter into any such compact; and it was also pleaded, that his majesty could not re-grant that which he had pre- viously granted to Connecticut; at the same time Rhode Island insisted on the agreement between Mr. Winthrop and Mr. Clark, and on the limits granted in the charter of that colony ; and hence arose a controversy between the colonies, which ontinued more than sixty years. Governor W T inthrop, at the session in October, again proposed a resignation of his office, and de- sired the consent and approbation of the general assembly, who were utterly opposed to it ; and through the influence of the houses he was persuaded to keep the chair; and, at the next session, a salary of 15U/. was granted him, and, at various times after, several valuable tracts of land. These consi- derations, with the great unanimity and esteem of he freemen, prevailed with him to continue in, office until his death. In 1671 the former officers were all re-chosen. During eighteen or twenty years, attempts had been making to settle a township at Paugasset ; and about the year 1663, it appears that Governor Good- year, and several other gentlemen in New Haven, made a purchase of a considerable tract there. About the year 1654 some few settlements were made; and the next year, at the session in October, the planters presented a petition to the general couit at New Haven, to be made a distinct town, and to order their affairs independently of the other towns. The court granted their petition ; gave them liberty to purchase a tract sufficient for a township ; released them from taxes ; and appointed Richard Baldwin moderator to call meetings, and conduct the affairs of the plantation. At the next court, however, Mr. Prudden, and the people of Milford, made such strong remonstrances against the act, that the court determined the people at Paugasset should continue, as they had been, under the town of Milford, unless the parties should come to an agreement, respecting the incorporation of the inhabitants there into a distinct township. In 1657 and 1659 a purchase was made of the lands of the chief sagamores, Wetanamow and Raskenute; and the purchase appears to have been confirmed afterwards by Okenuck, the chief sachem. Some of the first planters were Edward Wooster, Edward Riggs, Richard Baldwin, Samuel Hopkins, Thomas Langdon, and Francis French ; who preferred a petition to the general assembly of Connecticut, praying for town privileges, in 1671. The assembly determined that their south bounds should be the north line of Milford, and that they should extend their limits twelve miles northward, to a place called the notch. For their encouragement, it was promised that, as soon as there should be thirty families in the plantation, they should be vested with town privileges ; and about four years after, (Oct. 1675,) they renewed their application; re- E resenting that they then consisted of twelve fami- es, and that eleven more were about moving di UNITED STATES. 723 rectly into the plantation : that they had procured a minister, built him a house, and made provision for the enjoyment of Divine ordinances; and, upon these representations, the assembly formed them into a town, by the name of Derby. Major John Mason, who for many years had been deputy-governor, and rendered many important services to the colony, being far advanced in years, and visited with many infirmities, about this time excused himself from the service of the common- wealth; and at the next election, May 9th, 1672, Mr. John Nash was chosen magistrate, to fill the vacancy made by his resignation. Until this time the colony had kept their laws in manuscript, and had promulgated them, by sending copies to be publicly read in the respective towns ; and this year the first code of Connecticut was pub- lished. It was printed at Cambridge, in Massachu- setts; and consisted of between seventy and eighty pages of print, and of nearly the same number of blank pages in small folio. The preface is written in the most religious manner, sufficiently solemn for an introduction to a body of sermons ; of which the following introduction is a specimen : " To our beloved brethren and neighbours, the inhabitants of Connecticut, the general court of that colony wish grace and peace in our Lord Jesus." It re- cognises the design of the first planters, " who," as the court express it, " settled these foundations," for the maintaining of " religion according to the Gospel of our Lord Jesus ;" which it declares " ought to be the endeavour of all those that shall suc- ceed to uphold and encourage unto all generations." The assembly enacted, that every family should have a law book ; and in the blank pages all the laws enacted after 1672 were inserted in writing, until the year 1699, when the book was filled up. At the election, May 8th, 1673, Robert Treat, Esq. was chosen into the magistracy; and, at the same court, Richard Smith was appointed a com- missioner at Narraganset, and vested with the pow- ers of magistracy through that country. A court of commissioners was also instituted there, which had cognisance of all cases not exceeding twenty pounds, provided that all such as exceeded forty shillings should be tried by a jury. A commissioner, or as we term the same officer, a justice of the peace, was appointed at Pettyquamscot. As war had been declared in England the last year against the Dutch, the colony was put into a state of defence ; and a troop of horse was raised in each county. On the 30th of July a small Dutch fleet, under the command of Commodores Cornelius Everste, and Jacob Benkes, arrived at New York ; and one John Manning, who commanded the fort and island there, treacherously delivered them up to the enemy, without firing a gun, or attempting the least resistance; and the inhabitants of New York and New Jersey generally submitted to the Dutch without opposition. About the same time the Dutch captured a vessel of Mr. Sillick's of this colony, near one of the harbours of the western towns. A special assembly was convoked at Hartford, on the 7th of Angust; and orders were immediately issued, that the respective troops in the colony, with 500 dragoons, should be ready for service ; and that all the trainbands should be complete in their arms. The same day, Mr. James Richards and Mr. William Roswell were dispatched with a letter from the assembly to the Dutch commodores, to know their further intentions ; and the assembly remonstrated against their conduct, in capturing Mr. Sillick's vessel, and in demanding the submis- sion of his majesty's English subjects, upon Long Island, and that they should take the oath of allegi- ance to the States-general; they declared that the united colonies were, by his majesty, constituted the defenders of the lives and liberties of his sub- jects, in these parts of his dominions, and assured them that they would be faithful to their trust. The governor, deputy-governor, and a number of the council, were appointed a committee of war, to act as emergencies should require. The Dutch commanders returned a soldier-like answer to the messengers and letter from Connecti- cut, purporting that they had a commission to do all damages in their power to their enemies, by land and sea : that they had summoned the towns upon Long Island to submit to them ; and that unless they should comply, they would reduce them to their subjection by force of arms : that as the vessel they had taken was their enemy's, it was strange to them that any questions were proposed concerning it: and that while they doubted not of the faithful- ness of the united colonies in defending their ma- jesty's subjects, they should not be less zealous and faithful in the service of the States-general. On the llth of August the committee of war, which met at Hartford, appear to have apprehended an immediate invasion ; as they gave orders that the whole of the militia of the colony should be ready to march at an hour's warning, to any place which might be attacked. They also made such arrangement of the dragoons, and sent such assist ance to their friends upon Long Island, as pre- vented an invasion of any part of the colony, and the plunder and destruction of the English upon the island. On the meeting of the assembly, in October, letters were sent to Massachusetts and Plymouth, to solicit their united assistance against the Dutch, and to know their opinion relative to proclaiming war, arid engaging in offensive operations against them; and Mr. John Banks was sent express to the Dutch commanders, with a spirited remonstrance against the conduct of the Dutch, who had threat- ened the towns on the island with destruction, by fire and sword, unless they would submit and swear allegiance to the States-general. They had sent ships and an armed force towards the east end of the island to subdue the people, but had been pre. vented ; and the assembly assured them that they knew how to avenge themselves upon their planta- tions, and not only so, but upon their head-quar- ters, if the colonies should rise, and warned them of the consequences of injuring the English towns upon the island. Connecticut, upon consulting their confederates, found it to be the general opinion to act offensively against the Dutch; and, consequently, a special assembly was called on the 26th of November, and war was immediately proclaimed against them; by which it was determined, that an expedition should be undertaken against New York, in conjunction with the other confederates. Major Treat was ap- pointed to command the troops from Connecticut. The Dutch not only threatened the English towns on the island with destruction, but, it seems, made several descents upon it, with a view to attack them : however, by the assistance of the troops from Con- necticut, they were, in all instances, repulsed, and driven from the island; and before suitable prepa- rations could be made for an attack upor the Dutch. 3T2 724 THE HISTORY OF AMERICA. at their head-quarters, the season was too far ad- vanced for military operations; and early in the spring the news of a general pacification between England and Holland prevented all further pro- ceedings of this kind. The whole militia of the colony, at this time, amounted to no more than 2,070 men; one-fourth of which, it seems, were mounted as dragoons, and employed for the defence of the colony, and of his majesty's English subjects upon Long Island. The only alteration made by the election in 1674 was the choice of Thomas Topping, Esq. instead of Mr. Hawkins. As the inhabitants of Long Island had been pro- tected and governed the latter part of the last year by Connecticut, they made application, at this as- sembly, for the further enjoyment of its protection and government ; and the legislature accepted them, and appointed officers in the several English towns, as they had done at their session the preceding Oc- tober. Upon the application of the town of Wickford and other plantations in Narraganset, the legislature took them under the government of this colony ; and a court was instituted at Stonington, for the government of the people in Narraganset, that " they might not live in dissolute practices, to the dis- honour of God, of the king and nation, and to the scandalizing of the very heathens." The legislature, in 1672, granted liberty to Mr. Sherman, Mr. William Curtiss, and their associates, to make a plantation at Pomperaug; and such a number of settlements had been made there, in about two years, that the assembly, in May 1674, enacted that it should be a township, by the name of Woodbury. Scarcely had the colonies recovered from one ca- lamity and danger, before new and more terrible causes of alarm and danger presented themselves ; and not only Connecticut, but all the New England colonies, approached a most distressing and im- portant period, in which their very existence was endangered. Upon the pacification with the Dutch, the Duke of York, to remove all doubt and controversy re- specting his property in America, took out a new patent from the king, Juue 29th, 1674, granting the same territory described in the former patent ; and two days after he commissioned Major, after- wards Sir Edmund Andross, so be governor of New York, and all his territories in these parts. The major was a mere tool of the duke, and a tyrant over the people. We have already, in the history of New York, pourtrayed his despotic and unjust conduct. We have also already given the history of the war with the Indians, usually called Philip's war, in the account of the previous colonies; so that it is only necessary to repeat the circumstances which may appertain more particularly to Connec- ticut. Notwithstanding the priority of the patent of Connecticut to the Duke of York's, and the deter- mination of his majesty's commissioners about ten years before, Andross set up the duke's claim to all that part of the colony which lies to the westward of Connecticut river, and he threatened the colony with an invasion; and, at the same time, Philip, sac&em of the Wampanoags, commenced his hosti- lities against the colonies. On the 20th of June, 1675, his Indians attacked bwanzey, one of the frontier towns of New Plymouth, and insulted the English, rifled their houses, and killed their cattle. Four days after they killed nine, and wounded seven of the inhabitants; but the troops of that colony marched immediately to the defence of the town; and ra four days they were reinforced with several companies from Boston. On the 2Sth the troops were drawn forth against the enemy ; who instantly fled before them for a mile or two, and took refuge in a swamp ; and the next day Major Savage arrived with more troops, and a general command from Boston. He marched the army into the Indian towns, to surprise their head-quarters, and give them battle upon their own grounds; but they found the enemy's towns, and even the seat of Philip, deserted with marks of the utmost precipitation. As the Indians fled, they marked their route with the burning of buildings, the scalps, hands, and heads of the English, which they had taken off and fixed upon poles by the way- side. As the troops could not come up with the enemy, they returned to their head-quarters at Swanzey. About the same time it was discovered that Major Andross was about to make a hostile invasion of the colony, and to demand a surrender of its most im- portant posts to the government of the duke of York ; and detachments from the militia were there- fore sent, with the utmost expedition, to New Lon- don and Saybrook. Captain Thomas Bull, of Hartford, commanded the party sent to Saybrook. About the 8th or 9th of July the people of that town were surprised by the appearance of Major Andross, with an armed force, in the sound, making directly for the fort; as they had received no intel- ligence of the affair, nor instructions from the go- vernor and council, how to conduct themselves upon such an emergency, they were at first unde- termined whether to make any resistance or not; but they did not hesitate long; and the fort was manned, and the militia of the town drawn out for its defence. At this critical juncture Captain Bull, with his company, arrived, and the most vigorous exertions were made for the defence of the fort and town; and on the llth, Major Andross, with seve- ral armed sloops, drew up before the fort, hoisted the king's flag on board, and demanded a surrender of the fortress and town ; but Captain Bull raised the king's colours in the fort, and arranged his men in the best manner ; and appeared determined and desirous for action. The major did not like to fire on the king's colours, and perceiving that, should he attempt to reduce the town by force, it would be a bloody affair, judged it expedient not to fire upon the troops; but he, nevertheless, lay off the fort all that day, and part of the next. The critical state of the colony had occasioned the meeting of the assembly at Hartford, on the 9th of July ; which immediately proceeded to draw up a declaration, or protest, against the major, in the words following : " Whereas, we are informed that Major Edmund Andross is come with some considerable force into this his majesty's colony of Connecticut, which might be construed to be in pursuance of his letter to us, to invade or intrude upon the same, or upon some part of our charter limits and privileges, and so to molest his majesty's good subjects, in this juncture when the heathen rage against the English, and by Sre and sword have destroyed many of his majesty's *ood subjects, our neighbours of Plymouth colony, and still are carrying their heads about the country, as trophies of their good success ; and yet are pro- ceeding further in their cruel designs against the UNITED STATES. 725 English; in faithfulness to our royal sovereign, and in obedience to his majesty's commands, in his gra- cious charter to this colony, we can do no less than publicly declare and protest against the said Major Edmund Andross, and these his illegal proceedings, as also against all his aiders and abettors, as dis- turbers of the peace of his majesty's good subjects in this colony ; and that his and their actions, in this juncture, tend to the encouragement of the hea- then to proceed in the effusion of Christian blood, which may be very like to be the consequence of his actions, and which we shall unavoidably lay at his door, and use our utmost power and endeavour (ex- pecting therein the assistance of Almighty God) to defend the good people of this colony from the said Major Andross his attempts ; not doubting but his majesty will countenance and approve our just pro- ceedings therein, they being according to the com- mission we have received from his majesty in his gracious charter to this colony ; by which power and trust so committed unto us, we do again forewarn and advise the said Major Andross, and all his aiders and abettors, to forbear and desist such forenamed unjust and unwarrantable practices, as they expect to answer the same, with all such just damages and costs as may arise or accrue thereby. And we do further, in his majesty's name, require and command all the good people, his majesty's subjects of this colony of Connecticut, under our present govern- ment, utterly to refuse to attend, countenance or obey the said Major Edmund Andross, or any under him, in any order, instruction, or command, diverse from or contrary to the laws and orders of this co- lony here established, by virtue of his majesty's gracious charter, granted to this colony of Connec- ticut, as they will answer the contrary at their peril. God save the king." This was voted unanimously ; and was sent by an express to Saybrook, with instructions to Captain Bull to propose to Major Andross the reference of the affair in dispute to commissioners, to meet in any place in this colony which he should choose ; and early in the morning of the 12th of July, the major desired that he might have an interview with the ministers and chief officers. Imagining proba- bly, that if he could read the duke's patent and his own commission, it would make an impression upon the people, and that he should gain by art that which he could not by force of arms. He was allowed to come on shore with his suit ; but meanwhile the express arrived with the protest, and instructions from the assembly ; and Captain Bull and his offi- cers, with the officers and gentlemen of the town, met the major at his landing, and acquainted him that they had at that instant received instructions to tender him a treaty, and to refer the whole matter in controversy to commissioners, capable of deter- mining it according to law and justice. The major rejected the proposal, and forthwith commanded, in his majesty's name, that the duke's patent, and the commission which he had received from his royal highness, should be read ; but Captain Bull com- manded him, in his majesty's name, to forbear read- ing; and when his clerk attempted to persist in reading, the captain repeated his command with such a voice and manner as convinced the major it was not safe to proceed. The captain then ac- quainted him that he had an address from the assem- bly to him, and read the protest. Finding he could make no impression upon the officers or people, and that the legislature of the colony were determined to defend themselves, in the possession of their char- tered rights, he gave up his design of seizing tho J fort; and represented the protest as a slender affair and an ill requital of his kindness ; tut said, how-, ever, he should do no more. The militia of the town guarded him to his boat, and going on board he soon sailed for Long Island. The general assembly upon receiving an account of the major's conduct, came to the following reso- lution. " This court orders that thjs declaration shall forthwith be sent forth to the several plantations, sealed with the seal of the colony, and signed by the secretary, to be there published. " Forasmuch as the good people of his majesty's colony of Connecticut have met with much trouble and molestation from Major Edmund Andross, his challenge and attempts to surprise the main part of said colony, which they have so rightfully obtained, so long possessed and defended against all invasions of Dutch and Indians, to the great grievance of his majesty's good subjects in their settlements, and to despoil the happy government by charter from his majesty granted to themselves, and under which they have enjoyed many halcyon days of peace and tranquillity to their great satisfaction, and to the content of his majesty, graciously expressed by letters to them, so greatly engaging their loyalty and thankfulness, as makes it intolerable to be put off from so long and just settlement under his ma- jesty's government by charter. Hereupon, for the prevention of misrepresentations into England, by the said Major Andross against us for our refusal, and withstanding his attempts made with hostile ap- pearances to surprise us at Saybrook, while we were approaching towards a savage Indian enemy that had committed much outrage and murder by fire and sword upon our neighbours about Plymouth ; this court have desired the honourable John Winthrop and James Richards, Esquires, or either of them, (intending a voyage to England upon their own occasions,) to take with them the narrative and copies of all the transactions betwixt us, and to give a right understanding for clearing our innocence, and better securing our enjoyments as occasion shall offer." Notwithstanding every precaution and exertion of the colonies, the Indians continued plundering, burn- ing, killing, and capturing the colonists, and kept the whole country in continual fear and alarm ; especially the inhabitants of Massachusetts, Ply- mouth, and Rhode Island. Besides other damages not so considerable, Cap- tain Hutchinson, who had been sent with a party of horse to treat with the Nipmuck Indians, was drawn into an ambush near Brookfield, and mortally wounded; and sixteen of his company were killed. The enemy then rushed in upon the town, and burnt all the dwelling-houses except one, which was defended by the garrison, until it was reinforced two days after by Major Willard ; when they retired, having burned twenty dwelling-houses, with all the barns and out-houses, and killed all the cattle and horses which they could find. In September, Had- ley, Deerfield, and Northfield, on Connecticut river, ere attacked, and numbers of the inhabitants killed and wounded; and most of the buildings in Deer- field were burnt, and Northfield was soon after abandoned to the enemy. There were a number of skirmishes about the same time in that part of the country, in which the English on the whole were losers. Captain Beers was surprised near North field, by a large body of the enemy, and he and 726 THE HISTORY OP AMERICA. twenty of his party were killed ; and the officers who commanded in that quarter, finding that by sending out parties they sustained continual loss and disappointment, and effected nothing of import- ance, determined to collect a magazine at Hadley, -and garrison the town. At Deerfield, there were about three thousand bushels of wheat in stack which it was resolved to thresh out, and bring down to Hadley; and while Captain Lothrop, with a chosen corps of young men, the flower of the county of Essex, was guarding the teams employed in this service, seven or eight hundred Indians suddenly attacked him; and though he fought with great bravery, yet he fell with nearly his whole party. Ninety or a hundred men being killed on the spot. Captain Mosely, who was stationed at Deerfield, marched to reinforce Captain Lothrop, but arriv- ing too late was obliged to fight the whole body of the enemy for several hours, until Major Treat of Connecticut, with about a hundred and sixty Englishmen and Moheagan Indians, marched to his assistance, and put the enemy to flight. The fall of Captain Lothrop and such a fine body of men, was a heavy loss to the country ; especially to the county of Essex, filling it with great aud universal lamen- tation. The commissioners about the middle of Septem- ber, ordered 1000 men to be raised for the general defence, 500 of which were to be dragoons with long arms. Connecticut was required to raise 315 men for her proportion ; and a considerable part of this force was employed by Connecticut, under Major Treat, for the defence of the upper towns. Captain Watts had been sent with a company to Deerfield some time before. During the term of about forty years, the Indians in the vicinity of Springfield had lived in the great- est harmony with the English, and still made the strongest professions of friendship ; yet about this time they conspired with Philip's warriors for the destruction of that town. At the distance of about a mile from it they had a fort ; and the evening be- fore they made their assault, they received into it about three hundred of Philip's warriors ; but one Toto, a Windsor Indian, betrayed the plot, and dispatches were immediately sent off from Windsor to Springfield, and to Major Treat, who lay at West- field with the Connecticut troops, to apprise them Of the danger. The people at Springfield were so strongly persuaded of the friendship of those Indians, that they would not credit the report ; and one Lieu- tenant Cooper, who commanded there, was so infatu- ated, that as soon as the morning appeared, instead of collecting his men and preparing for the defence of the town, he, with another man, rode out with a design to go to the fort and discover the truth of the report. He soon met the enemy, who killed his companion, and shot several balls through his body ; but as he was a man of great strength and courage, he kept his horse, though mortally wounded, until he reached the first garrison-house and gave the alarm. The enemy immediately commenced a furious attack upon the town, and began to set fire to the build- ings ; and the inhabitants were in the utmost con- sternation ; having no one to command them, and must soon have all fallen a bloody sacrifice to a merciless foe, had not Major Treat appeared to their relief; who upon receiving intelligence of the designs of the enemy, marched without loss of time ; but meeting with considerable hinderance in crossing the river for want of boats, his arrival was not in time to prevent the attack. He soon, however, drove off the enemy and saved the inhabitants, and a coo siderable part of the town. But great damage had been done ; no less than thirty dwelling-houses, besides barns and out-houses, having been burned. Major Pyncheon and Mr. Purchas sustained each the loss of a thousand pounds ; and Mr. Pelatiah Glover, minister of the town, lost his house, with a large and excellent library. In this stage of the war, the general assembly of Connecticut convened, October 14th ; and sensible of the good conduct of Major Treat, in defending the colony and the towns on Long Island against the Dutch, and in relieving Captain Mosely and Springfield, returned him public thanks, appointed him to the command of all the troops to be raised in the colony, to act against the enemy, and desired his acceptance of the service. . Upon intelligence from the Rev. Mr. Fitch, that a large body of the enemy were approaching the town of Norwich, Major Treat was directed to march thither for the defence of that part of the colony ; but soon after his orders were countermanded, and he proceeded to Northampton ; where he arrived in time to render his country another piece of important service. The enemy had been so elated with their various successes, that having collected about eight hundred of their warriors, they made a furious attack upon Hadley ; and almost every part of the town was assaulted at the same instant ; but it was defended by officers and men of vigilance and spirit, so that the enemy every where met with a warm re- ception. Several parties of the Massachusetts' troops who were in the neighbouring garrisons, flew to thei; assistance, and Major Treat advancing with his usual dispatch from Northampton, soon attacked them with his whole force, and they were put to a total flight; and they sustained such loss, and were so disheartened, that from this time the main body of them left that part of the country, and held their general rendezvous in Narraganset. Some few, however, remained, doing damage as they had op- portunity, and keeping the people in constant alarm. From the intelligence communicated to the gene- ral assembly of Connecticut during the October session, it appeared that the enemy had designs upon almost all the frontier towns in the colony ; and each county was therefore required to raise sixty dragoons, complete in arms, horses and ammu- nition, for the immediate defence of the colony, wherever their services might be necessary. Captain A very was appointed to the command of forty Eng- lishmen from the towns of New London, Stoning- ton and Lyme, with such a number of Pequots as be should judge expedient, for the defence of that part of the country, and the annoyance of the enemy as occasion should present. Captain John Mason was appointed to command another party of twenty Englishmen, and the Moheagan Indians; and these parties were ordered to post themselves in the best manner to guard the eastern towns, and to act conjointly or separately as emergencies should require. An army of one hundred and twenty dra- goons was appointed to act against the enemy under the command of Major Treat ; and it was ordered that all the towns should be fortified, and that every town should provide the best places of defence of which it was capable, for the security of the women and children, who were directed to repair to them, upon the first intimations of danger. The inhabi- tants of the towns on the frontiers, who were few in number, and most exposed, were advised to remove UNITED STATES. 727 their best effects, and people unable to defend them- selves to retire into the more populous parts of the colony, where they would be in a more probable state, of safety. The proportion whichConnecticut sent to the united army of the confederate states, was 315 English- men and 150 Moheagan and Pequot Indians ; which were divided into five companies, commanded by Captains Seely, Gallup, Mason, Watts, and Mar- shall; the corps being commanded by Major Treat; and the honourable Josiah Winslow, Esq., governor of New Plymouth, was appointed commander in chief. The orders of the commissioners to Connec- ticut were issued at Boston, the 12th of November; by which :t was required that the troops should ren- dezvous at New London, Norwich, and Stonington, by the 10th of December. The Connecticut troops arrived at Pettyquamscot, on the 17th of December; where there had been a number of buildings in which the troops expected to have been covered and kindly entertained ; but the enemy, a day or two before, had killed ten men and five women and children, and burned all the houses and barns. The next day they formed a junction "with the Massachusetts and Plymouth forces. We shall not recapitulate the history of this war, except only in such particulars as relates to Connecticut. Of the 300 Englishmen from Connecticut, eighty were killed and wounded ; twenty in Captain Seely's, twenty in Captain Gallup's, seventeen in Captain Watts's, nine in Captain Mason's, and fourteen in Captain Marshall's company. Of these about forty were killed or died of their wounds. About half the loss in this bloody action fell upon Connecticut. The legislature of the colony, in a representation of the services they had performed in the war, say, " In that signal service, the fort fight in Narragan- set, as we had our full number in proportion with the other confederates, so all say they did their full proportion of service. Three noble soldiers, Seely, courageous Marshall, and bold Gallup, died in the bed of honour ; and valiant Mason a fourth captain, had his death's wound. There died many brave officers and sentinels, whose memory is blessed; and whose death redeemed our lives. The bitter cold, the tarled swamp, the tedious march, the strong fort, the numerous and stubborn enemy they con- tended with, for their God, king and country, be their trophies over death. He that commanded our forces then, and now us, made no less than seven- teen fair shots at the enemy, and was thereby as oft a fair mark for them. Our mourners over all the colony witness for our men, that they were not un- faithful in that day." It is the tradition that major, afterwards Governor Treat, received a ball through the brim of his hat, and that he was the last man who left the fort in the dusk of the evening, com- manding the rear of the army. The burning the wigwams, the shrieks and cries of the women and children, and the yelling of the warriors, exhibited a most horrible and affecting scene, so that it greatly moved some of the soldiers ; and many of them were visited with strong scruples of conscience, feeling it to be contrary to the Gospel, to have waged the war with the Indians, to the burning them in their wig- wams. The Connecticut troops having sustained such a loss of officers, and being so disabled, Major Treat judged it necessary to return to Connecticut, where he might recruit them, and cover them with more convenience than could possibly be done in that part of the country. The wounded men who were [ not able to travel, were put on board vessels and carried to Rhode Island. The Connecticut troops in their March from Stonington to Pettyquamscoi,* killed six and captured seven of the enemy ; and on their journey home, killed and captured about thirty more. The Massachusetts and Plymouth troops kept the field the greater part of the winter, and the Indians still continued their hostilities. In February, 1676, a number of volunteers from Conn-ecticut, belonging principally to New London, Norwich, and Stonington, formed themselves into companies under Major Palms, Captain George Denison. Capt. James Avery, and Captain John Stan ton, for the annoyance of the enemy. They engaged a number of Moheagans, Pequots, and Narragansets, to be associates with them for the sake of plunder, and other rewards. The Moheagans were com- manded by Onecho, one of the sons of Uncas; the Pequots by Cassasiuamon, their chief; and the Nar- ragansets, consisting of about twenty men, by Cata- pazet. These latter were Ninigrate's men, who in time past had given the colonies so much trouble ; but at this time they remained quiet, and would not join the other Narraganset sachems. The principal seat of Ninigrate was at Westerly, which formerly belonged to Stonington. He put himself under the English, and he and his Indians were the only ones who were not destroyed or driven from that part of the country. These companies began to range the Narraganset country, and harass the enemy, the latter part of February, and continued making their incursions from that time until the enemy were driven from hose quarters. As soon as one company returned, another went out immediately, so as to keep the enemy in continual alarm. Their success was ad- mirable. Captain Denison, of Stonington, on the 27th of March, began a very successful incursion into the country. NanunUenoo, orCanonnchet, the head sachem of all the Narragansets, son of Miantonimoh, inheritor of all his pride, and of his hatred towards the Eng- lish, had ventured down from the northern wilderness to Seaconk, near the seat of Philip, to procure seed-corn, to plant the towns which the English had deserted upon Connecticut river. He lately had been aiding in the slaughter of a Captain Pierce and his men ; and after Captain Denison and his party had wearied themselves for several days in seeking them, they came upon their tracts near Biackston's river, and soon discovered by a squaw whom they took, that Nanunttenoo was in a wigwam not far distant. The captain made dispositions im- mediately to surprise him; and some of his party discovering them, ran off with great precipitation ; but one more faithful than the rest entered the wig- wam and acquainted him with his danger. He in- stantly fled with all his speed ; but Catapazet, the friendfylndian chief, suspecting from the manner of his running, that it was Nanunttenoo, gave chase with as much eagerness as he fled ; and the other Indians joined in the pursuit. They pressed him so hard that he soon threw off his blanket, and then his silver laced coat, which had been given him at Bos- ton : his pursuers, like blood-hounds, employed their utmost exertions to seize him; and at length his foot slipped upon a smooth stone as he was plunging through a river, and he fell and wetted his gun : one Monopoide, a Pequot, -outrunning the other Indiaxs, leaped into the river after him, and soon 728 THE HISTORY OF AMERICA. laid hold upon him ; and although he was a powerful man, and of great courage, yet he made no resist- ance. One Robert Stanton, a young man, was the first Englishman who came up to him. He asked him several questions; but this haughty sachem, looking with disdain upon his youthful countenance, replied, in broken English, " You too much child ; no understand matters of war Let your captain come ; him I will answer." This party, in about sixteen days, killed and took nearly fifty of the enemy, without the loss of a single man ; among whom was this chief, and a number of counsellors and war captains. Nanunttenoo would not accept of life when offered upon the condition that he should make peace with the English ; nor would he so much as send one of his counsellors to make a single proposal for that and when he was told that it was deter- to put him to death, he said, " He liked it well ; that he should die before his heart was soft, or he had spoken any thing unworthy of himself." He was shot by the Moheagan sachem, and the principal Pequots, at Stonington. These brave volunteers and their flying parties had, at this time, killed and captured 44 of the enemy, and, before the end of April, 76 more; among j whom was another celebrated sachein. They made in the spring, summer, and autumn, ten or twelve expeditions, in which they killed and captured 230 of the enemy, took 50 muskets, and brought in 160 bushels of their corn. They drove all the Nar- raganset Indians out of their country, except those at Westerly under Ninigrate; and in all these ex- peditions they had not one man killed or wounded. While Connecticut had the happiness of giving a check to the war, the colony sustained a heavy loss pur mi irpose ; itfed to Dny s in the death of Governor Winthrop . He had been chosen one of the commissioners from Connecticut, the May preceding, to the court of the commission- ers of the united colonies ; and upon the meeting of this court, early in the spring, he went to Boston, where he was taken sick, and died, April 5th, 1676, in the seventy-first year of his age. He was ho- nourably interred at Boston, in the same tomb with his father. He was the eldest son of the honourable John Winthrop, Esq. the first governor of Massachusetts, and was born at Groton in England, in 1605. His father gave him a liberal education at the University of Cambridge, in England; and afterwards sup- ported him some years at the University of Dublin, in Ireland. As travelling was then considered a necessary accomplishment to a young gentleman, he travelled into France, Holland, Germany, Italy, and Turkey. With these advantages he returned to England, not only a great scholar, rich in expe- rience and literature, but a most accomplished gen- tleman. He was a puritan of distinguished piety and morals ; and, after his return from his travels, he came into New England, with his father's family, in 1631, and was chosen one of the magistrates of the colony of Massachusetts. He afterwards returned into England ; and in 1635 came back with a com- mission to erect a fort at the mouth of Connecticut river,. and to be governor of that part of the country. In 1651 he was chosen one of the magistrates of Connecticut; and in 1657 he was elected governor, and the next year deputy-governor. In 1659 he was again chosen governor; from which time he was annually re-chosen to that office, until his death. He was one of the greatest chemists and of philosophical transactions, and one of the distinguished characters in New England. He rendered many important services to the colony, and died greatly and universally lamented. At the election, May llth, William Lect, Esq. was chosen governor, and Robert Treat, Esq. de- puty-governor. Captain John Mason was chosen magistrate, to fill the vacancy made by the ad- vancement of Major Treat to the office of deputy- governor. No alteration was made with respect to the other officers. The assembly voted 350 men, who, with the friendly Indians, were to be a standing army. Major John Talcott was appointed to the chief command ; and the Rev. Gershom Bulkley, of Weathersfield, was appointed surgeon, and Mr. James Fitch, chaplain. Mr. Bulkley was esteemed as one of the greatest physicians and surgeons then in Connecticut The assembly ordered that the surgeon and chaplain should be of the council of war. Major Talcott, on his appointment to the com mand of the army, resigned the office of treasurer, and William Pitkin, Esq. was appointed to that office by the assembly. The first general rendezvous of the army this year was at Norwich; from whence Major Talcott marched in the beginning of June, with about 250 English soldiers, and 200 Moheagan and Pequot Indians, towards the Wabaquasset country, scour- ing the woods through that long tract. They found the fort and wigwams at Wabaquasset and the country every where deserted. Nothing more, therefore, could be done than demolish the Indian fortress, and destroy about fifty acres of corn which the enemy had planted. On the 5th of June the army marched to Chanagongum, in the Nipmuck country; where they killed nineteen Indians, and took thirty-three captives. They then proceeded to Quabaug,*or Brookfield, and thence to Northamp- ton. This was a long march, in which the troops suffered greatly for want of provisions; and it has ever since, in Connecticut, been known by the name of the long and hungry march. Major Tal- cott expected to have met with the Massachusetts forces at Brookfield, or in that vicinity, but they did not arrive. On the 12th of June, four days after the arrival of the Connecticut troops at Northampton, about 700 Indians made a furious attack upon Hadley ; but Major Talcott, with his party, soon appeared for the relief of the garrison, and drove off the enemy. Some time after, the Massachusetts forces arrived, and, in conjunction with Major Talcott and his soldiers, scoured the woods on both sides the river, as far as the falls at Deerfield; but the enemy, by this time, had made their escape from that part of the country. They, however, broke up their fish- eries, destroyed their fish and other stores, recovered some stolen goods, and returned, without effecting any thing very important. After Major Talcott had spent about three weeks in service upon the river, he left that quarter, and marched through the wilderness, towards Providence and the Narraganset country; and on the 1st of July came near a large body of the enemy, of whom he captured four. Two days after, Major Talcott surprised the main body of them, by the side of a large cedar swamp ; where he made such a dispo- sition of his men, and attacked them so suddenly, physicians of his age, a member of the Royal Society I that a coiwiderable number v;erc killed, and taken UNITED STATES. 729 on the spot, and the remainder were driven into the swamp, which the troops encompassed ; and, after an action of two or three hours, killed and took 171 more. The troops then marched to Providence, and invested the neck there, and afterwards Warwick neck; in which places they killed and captured 67. About the 5th of July the army returned to Connecticut ; and, in their route, took 60 more of the enemy. From about the beginning of April to the 6th of July, the Connecticut volunteers, and the troops under Major Talcott, killed and captured about 420 of the enemy. The enemy, about this time, fell into a state of division and fear. They found that, by attempting to destroy their English neighbours, they had ut- terly ruined themselves; and a complication of evils conspired for their destruction. The destruc- tion of their fort and principal stores, in the dead of winter, the burning of their wigwams, and bring- ing off their corn and beans, in all parts of the country, put them to inexpressible hardships and distresses. They had been able to plant but little in the spring ; and what they had planted, the Eng- lish had destroyed ; they had been driven from the sea and rivers, and cut off from almost every kind of subsistence; they had been obliged to lie in swamps and marshes; to feed on horse-flesh, and unwholesome food; all which engendered diseases: so that they became utterly reduced and disheart- ened. They could not keep together in any consi- derable bodies, for want of sustenance ; and were pursued and hunted from swamp to swamp, and from one lurking place to another; so that in July and August they began to come in to the English in large bodies, and surrender themselves to the mercy of their conquerors. Major Talcott, after his return from Narraganset, having recruited his men a short time in Connecti- cut, took his station at Westfield ; and while he lay there, a large body of the enemy was discovered fleeing to the westward. He pursued them, and on the third day, about half way between Westfield and Albany, discovered them lying on the west side of Housatonick river, entirely secure. It was judged too late in that day to attack them to any purpose; and the army, therefore, retreated, and lay upon their arms, in great silence, during the night. Towards morning, the troops were formed in two divisions ; one of which was ordered to pass the river below the enemy, and to advance and compass them in on that side ; and the other party, creeping silently up to the east bank of the river, were to lie prepared instantly to fire, when they should receive the signal from the other division, who, when they had reached their ground, were to fire a single gun. But this well contrived plan was in some measure disconcerted. An Indian had left his companions asleep, and proceeded down the river to catch fish ; and, as the division on the west side of the river was advancing to surround the enemy, he discovered them, and cried out, " Awan- nux, Awannux." Upon this, one of the party fired, and killed hirn on the spot; and the other division, on the east bank of the river, supposing this to be the signal gun, discharged upon the enemy, as they were rising in surprise, or lay upon the ground, and killed and wounded a great number of them. Those who were not killed, or disabled by wounds, instantly fled, leaving their camp, baggage, provisions, and many of their arms ; but as the division on the west side had not advanced to the ground designed, be- fore the alarm was given, the enemy made their escape with much less damage than they could otherwise have done. The troops pursued them for some distance, but the woods were so extremely thick, that they were compelled soon to return. The sachem of Quabaug or Brookfield was killed, and 44 other Indians were killed and taken. This dreadful and distressing war, in which so many of these miserable Indians perished, victims to their want of civilization, was put an end to by the death of Philip, the great sachem, in August (1676). After this event the Indians in this part of the country generally submitted to the English, or fled and incorporated with distant nations. Connecticut offered the same conditions to these Indians upon their submission, which had been, given to the Pequots. That they should have life, liberty, protection, and ground to plant ; some princi- palincendiaries and murderers beingexcepted. They disdained, however, to accept the terms, and the Nipmucks, Nashawas, Pocomtocks, and the Hadley and Springfield Indians, fled to the French and their Indians, in Canada; and about 200 of them, after their surprise at Housatonick river, fled to the Moheaganders, upon Hudson's river. When Philip began the war, he and his kinswo- man Wetamoe had about 500 warriors, and the Narragansets nearly 2,000; and the Nipmuck, Nashawa, Pocomtock, Hadley, and Springfield Indians, were considerably more numerous. It is probable, therefore, that there were about 3,000 warriors combined for the destruction of the New England colonies, exclusive of the eastern Indians ; but the war terminated in their entire conquest, and almost total extinction ; and, at the same time, opened a wide door to extensive settlement and po- pulation. This, however, in its connexion with the war with the eastern Indians, which commenced about the same time, was the most impoverishing and dis- tressing of any which New England has ever expe- rienced, from its first settlement to the present time. The war with the eastern Indians continued until the spring of the year 1678. The enemy killed and captured great numbers of the people, and nearly twenty fishing vessels, with their crews, and most of the settlements in those parts were swept away, and the country was reduced to their domination. About 600 of the inhabitants of New England, the greatest part of whom were the flower and strength of the country, either fell in battle, or were murdered by the enemy, and there were few fami- lies or individuals who had not lost some near rela- tive or friend. Twelve or thirteen towns in Mas- sachusetts, Plymouth, and Rhode Island, were ut- terly destroyed, and others greatly damaged; and about 600 buildings, chiefly dwelling-houses, were consumed with fire ; and an almost insuperable debt was contracted by the colonies, at a time when their numbers, dwellings, goods, cattle, and all their re* sources, were greatly diminished. The foregoing statement is made from an ac- curate enumeration of the various numbers men- tioned, in the ancient histories of the lives lost, and of the towns and buildings burned. But as there were, doubtless, many persons killed, and others who died of their wounds, not mentioned in those accounts, they must have exceeded the number here stated. The histories of those times rarely mention the burning of barns, stores, and out-houses; and sometimes there is notice of the burning of part of a town, and of the buildings in such a tract, without any specification of the number. All the buildings 730 THE HISTORY OF AMERICA. in Narraganset, from Providence to Stonington, a tract of about 50 miles, were burned, or otherwise destroyed, by the enemy, but the number is not mentioned. The loss of buildings must therefore have been much greater than has been mentioned. The militia of Connecticut, in 1675, amounted to 2,250 men. Of these, the commissioners required 315, as their proportion of the 1,000 men then to be raised. If the proportion was just, there were about 7,150 of the militia of the united colonies; and reckoning every fifth man a soldier, and five persons to every family, there were 7,150 families, and 35,750 inhabitants, at that time in the united colonies. According to this estimation, about one fencible man in eleven was killed, and every eleventh family was burnt out ; or an eleventh part of the whole militia, and of all the buildings of the united colonies, were swept away by this predatory war. This greatly exceeded the loss in the war of inde- pendence with Great Britain, in proportion to the numbers and wealth of the United States. Connecticut, indeed, had suffered little, in com- parison with her sister colonies. Her towns and inhabitants had been preserved from the ravages of the enemy ; but about a seventh part of the whole militia was out upon constant service, besides the volunteers; and a great proportion was obliged to watch and guard the towns at home. Many towns were necessitated to fortify themselves with an en- closure of palisades, and to prepare and fortify par ticular dwellings for garrison-houses, to which the aged people, women, and children, might repair, in case of attack. For three years after the war com- menced, the inhabitants paid eleven-pence in the pound, upon the grand list, exclusive of all town and parish taxes ; and, after the war was finished, they had a considerable debt to discharge. The colony, nevertheless, was comparatively fortunate The numerous Indians within it were not only peace able, but the Moheagans and Pequots were of great service in the war. It had not one party of men surprised and cut off during the war; nor did it sustain any considerable loss of men at any time, except in taking the fort in Narraganset. At the same time the legislature and people were happy, in giving seasonable and powerful assistance to their confederates, and in repeatedly rescuing whole town and parties, when in the most imminent danger. Measures adopted to discharge the public debt, and settle the country in peace The reasons of the colony's claim to Narraganset The former settlers and owners of land there apply to Connecticut for protection Major Treat goes to the upper towns upon Connecticut river, to treat with the Indians Fasts appointed through New England Act con- earning the conquered lands in Narraganset A T a vigation act grievous to the colonies Governor Lee takes the oath respecting trade and navigation Answers to queries from the lords of trade and plan tations Protest against Sir Edmund Andross's claim to Fisher's Island Character of Governor Leet Commissioners appointed by his majesty to examine and make report concerning all claims to the Nar raganset country, or king's province 'They repor in favour of Connecticut Answers to the renewed claim of the duke of Hamilton, and opinions on th case Connecticut congratulates the arrival of Co- lonel Dungan, governor of New York, and agree with him respecting the boundary line between tha colony and Connecticut Petition to King Jame II. Settlement of Waterbury Quo n-arrant against the colony The assembly petition hit ma- jesty to continue their charter privileges Sir Ed- mund Andross made governor of New England- Arrives at Hartford, and takes the government, by order of his majesty The oppression and cruelty of his administration. Connecticut had now conquered the Narraganset ountry, and, in conjunction with the other confe- erates, terminated the war in this part of New England. The legislature, therefore, addressed hemselves to discharge the public debt ; to settle he friendly Indians in a state of peace among them- elves, and with the colonies ; and to extend their ettlements in the Narraganset country, as well as n other parts of their jurisdiction. To discharge he public debt, they levied a tax of eight-pence in he pound, upon the whole list of the colony, in October annually, during the term of two years. They appointed a committee to hear all affairs, which the Moheagans, Pequots, and Narragansets, under Ninigrate, or Ninicraft, had to lay before hem ; and to do whatever they should judge expe- dient to promote peace among them, and to pre- serve their friendship and attachment to the Eng- ish. For their encouragement, the legislature granted liberty for them to hunt, in all the con- quered lands, during their pleasure; and authorized them to kill and destroy any of the enemy who should return to their country, without submitting ;o the colony, and accepting the terms which had aeen offered them. At the election in May 1677, there was no alter- ation in the legislature, excepting the choice of Andrew Leet, Esq. into the magistracy, instead of Oaptain John Mason, who died the September be- fore, of the wounds he had received in taking the Narraganset fort. The same governor, deputy-go- vernor, and magistrates were re-elected for several years successively. A committee was appointed by ;he assembly, to settle all affairs of government in the Narraganset country, and to report what places there were there adapted to the purpose of planting new towns. As the Rhode Islanders had deserted the country, in the war, and had done nothing in the defence of it, and as the Connecticut volunteers had driven the enemy entirely from that extensive tract, the legis- lature determined to plant and govern it, as part of this colony. For various reasons they considered the act of the king's commissioners, determining that Rhode Island and Narraganset should be a province for the king, as a mere nullity ; that commission gave no power to make new colonies ; and it required that Colonel Nichols should always be one of the council, that any of its acts might be valid ; but he was not present at that determination; and Colonel Nichols himself, with two or three of his council, afterwards reversed that judgment. In the same point of light th-ey viewed the agre* ment with Mr. Clark, as it was subsequent to Ms Winthrop's obtaining the Connecticut charter ; aflik. moreover, that agreement was entirely alien from the business of his agency, and without any instruc- tions or authority from the colony. It was also con- sidered as a nullity in another point of light, as the charter to Rhode Island recognised and had refe- rence to one article of the agreement only, and at Rhode Island had never submitted to one of thfc other articles ; but in direct contravention of them,, they had invaded the property of the settlers name? UNITED STATES. 731 in it, wantonly carried off the productions of their lands and fruits of their labours, driven off their cat- tle, forced the inhabitants from their possessions, burned their fences, and even pulled down their houses. They had claimed jurisdiction over them, after they had in the year 1663 chosen to belong to Connecticut, and formally put themselves under the government of that colony ; and had not regarded the agreement even with respect to the boundaries, but attempted to extend their limits beyond what was expressed in the charter. Besides, when the king had previously granted that tract to Connecti- cut, there remained in law and reason no further right in him to that country. He had nothing there further to grant; and therefore he could grant no- thing there to Rhode Island. Connecticut well knew that Pawcatuck never was called Narraganset river, and that the Narragansets never extended their claims so far westward ; but that Pawcatuck, and the country some miles to the east of it, be- longed to the Pequots. For these reasons, the legis- lature considered their title and claim to this part of the colony as clear and just, as to any other. Elisha Hutchinson, William Hudson, and others, their associates, claiming a large tract in the Pe- quot and Narraganset country, applied to the gene- ral assembly for their assistance and protection, against Rhode Island, in the re-settlement of their lands ; and the assembly determined to extend their protection and government to them. At the session in October, the upper towns upon Connecticut river sent messengers to the assembly, acquainting them that there were considerable bodies of Indians collected together in their vicinity ; and that they made proposals of peace. They there- fore solicited the assembly to send Major Treat, the deputy-governor, with a detachment of 40 men, to Northampton, to treat with them, or to defend those towns as occasion might require. The as- sembly complied with the request, and the deputy- governor proceeded immediately te Northampton ; and was instructed, in the first place, to use his ut- most endeavours for the redemption of the captives, with money, goods, or by any other means in his power. The terms of peace which he was autho- rized to propose, were life and liberty, upon the sub- mission of the Indians to the English, in the several places where they should be settled. It does not appear that many of the northern Indians accepted the terms proposed, or ever returned to their for- mer places of abode ; and little more appears to have been effected by the treaty, than the redemp- tion of some of the captives. (1678.) The colonies at this time had many enemies, and the most injurious complaints and un- favourable representations were made of them in England. Edward Randolph, especially, was in- defatigable in his complaints against them, and in aggravating whatever he imagined might serve to their disadvantage. He came over to Boston, in 1676, and annually, in person or by writing, made complaints against them; and generally returned to England in the autumn, and in the spring or summer returned fraught with new mischief. He busied himself among other affairs in complaining of the colonies for their opposition to the acts of trade and navigation ; and unhappily for Great Bri- tain and the colonies, they were suffering under an arbitrary prince, inimical to the civil and religious rights of his subjects. His ear was open to com- plaints against those who did not cheerfully submit to his despotic impositions j and he readily promoted tho.se who made them. The colonies knew how affairs were conducted in England, and were deeply apprehensive of the danger they were in, of a total deprivation of their liberties. The commissioners of the united colonies, in these circumstances, recommended a general fast to the confederate colonies to humble themselves for their offences, and to pray for the Divine favour in the continuation of their just rights and privileges ; and in consequence of this recommendation, the general assembly of Connecticut appointed the third Tues- day in November a public fast, in union with their confederates, to humble themselves, and pray for the purposes recommended. The general assembly at their session in May 1679, to prevent the people of Rhode Island, and other intruders, from taking up lands in Narragan- set, enacted, that none of the conquered lands should be taken up or laid out into farms, without special and express order from them. The Rhode Islanders in the time of danger had deserted the country and bore no part in the war ; but as soon as the inhabitants, who had settled under Connecticut, began to return to their former settle- ments, to build upon their lands, and cultivate their farms under the government of this colony, the legislature of Rhode Island began to usurp authority and practise their former vexations. John Cranston, Esq., governor of Rhode Island, held a court in Narraganset, in September, and made attempts to introduce the authority and officers of Rhode Island into that part of Connecticut; and the general assembly, in October, protested against his usurpation, and declared his acts to be utterly void. They also prohibited all the inhabitants to receive any office from the legislature of Rhode Is- land, or to yield obedience to its authority. (1680.) The acts of trade and navigation were ex- ceedingly grievous to the colonies; who viewed them as utterly inconsistent with their chartered rights ; and were extremely unwilling to submit to them. Massachusetts never would fully submit ; but as it was matter of great and continual com- plaint against the colonies, and as his majesty in- sisted on the respective governors taking the oath, respecting trade and navigation, it was judged ex- pedient that Governor Leet should take it in the presence of the assembly ; and it was accordingly administered to him, at the session in May 1680. This assembly ordered that a letter should be written to the general court of Massachusetts, de- siring their concurrence in mutually settling the line between that colony and Connecticut; and it was requested, that the court would appoint a committee fully authorized for that purpose, to join with one from Connecticut vested with similar powers. If the general court of the Massachusetts should refuse to comply with this proposal, then the governor and his council, with such as they should appoint to that service, were authorized to run the line with- out them. The lords of trade and plantations having trans- mitted a number of queries to the governor and com- pany, the governor and council were desired to answer them; and by their answers, it appears, that there were 26 towns in the colony: that the militia, including horse and foot, consisted, in 1679, of 2,507 men: that the annual exports were about 9,OOOZ. : that there were in the colony about twenty small merchants trading to Boston, New York,' Newfoundland, and the West Indies : and that its shipping consisted of four ships, three pinks, 732 THE HISTORY OF AMERICA. eight sloops, and other small vessels, amounting in the whole to 27, the tonnage of which was only 1,050. The number of inhabitants is not mentioned, but, from the number of the militia, it must have been nearly 12,000. To one of the inquiries, the follow- ing answer is given : " If so be Hartford, New London, New Haven, and Fairfield, might be made free ports, for fifteen or twenty years, it would be a means to bring trade there, and much increase the navigation and wealth of this poor colony." About this time, Sir Edmund Andross, governor of New York, asserted his right of jurisdiction over Fisher's Island, as included in the duke of York's patent. Upon this claim, the legislature of the colony asserted, " that the said island was a part and member of this colony of Connecticut, and under the government thereof; and that they have ever exercised, and shall, and will exercise government there, as occasion shall require ; and do hereby declare and protest against Sir Edmund Andross, and all other persons, their claims, or exercise of any authority or government, on. or over the said island." At the election in 1683, Major Robert Treat was chosen governor,and James Bishop deputy-governor. The former magistrates were generally re-chosen ; but by reason of several vacancies which had been made,' Captain Robert Chapman, Captain James Fitch, Mr. Samuel Mason, and Mr Joseph Whiting, were elected magistrates. The change of governors was occasioned by the death of Governor Leet, who after faithfully serving the colonies for many years, had now finished his course. The Governor William Leet, Esq. was bred a lawyer in England, and was for a considerable time clerk of a bishop's court. In this service he became acquainted with the conduct of the bishops towards the puritans, with the pleas, and serious conversa- tion and conduct of the latter when arraigned before them. He observed the great severity which the court exercised towards them, for going to hear good sermons in the neighbouring parishes when they had none at home, and what light matters they made of licentious and gross sins, and how much better per- sons guilty of such crimes were treated than the puritans. This brought him to a serious considera- tion of the affair, and to acquaint himself more tho roughly with the doctrines and discipline of the puritans. In consequence of this he became a pu- ritan, left the bishop's court, and in 1638 came into New England with Mr. Whitfield and his com- pany. He was one of the seven pillars of his church. In 1643, he was chosen magistrate for the colony ol New Haven, and was annually re-elected until May 1658. He was then chosen deputy-governor of that colony, in which office he continued until he was elected governor in 1661. He continued chief magistrate of that colony until the union in 1665 He was then chosen one of the magistrates of Con- necticut. In 1669, he was elected deputy-governor, and was annually re-elected until 1676, when he was chosen governor of Connecticut. During the term of 40 years, he was magistrate, deputy-gover- nor, or governor of one or other of the colonies. In both colonies he presided in times of the greatest difficulty, yet always conducted himself with such integrity and wisdom, as to meet the public appro- bation. After he was chosen governor of Connecti- cut, he removed to Hartford, where he died full o years and good works. He left a numerous offspring As there had been long disputes relative to th< ^arraganset country, and as the king, in conse- [uence of the act of his commissioners in 1665, laimed it as his province, commissioners were ap- >ointed to hear and determine all titles and claims especting that tract; and on the 7th of April, 1683, Cing Charles II. granted a commission to Edward ^ranfield, Esq., lieutenant-governor of New Hamp- hire, William Stoughton, Joseph Dudley, Edward landolph, Samuel Shrimpton, John Fitz Win- hrop, Edward Palms, Nathaniel Saltonstall, and Tohn Pyncheon, jun. Esquires, or any three of hem, of whom Edward Cranfield, or Edward Ran- dolph, was to be of the quorum, " to examine and nquire into the respective claims and titles, as well >f his majesty, as of all persons and corporations whatsoever, to the immediate jurisdiction, govern- ment, or propriety of the soil of a certain tract of and within his majesty's dominion of New Eng- and, called the king's province, or Narraganset country; and to call before them any person, or >ersons, and to search records as they shall find re- quisite, and the proceedings therein, with th* opi- nions upon the matters that shall be examined by '-hem, to state, and with all convenient speed report -hereof to make to his majesty." The commissioners convened on the 22d of Au- gust, 1683, at the house of Richard Smith, in the Narraganset country; where they summoned all persons and corporations, in whatever place, who were concerned in the title or government of that country, to appear before them, and to produce all charters, deeds, records, letters, and orders from bis majesty and council, or of any of his commission- ers, to the respective colonies, governors, or go- vernments, which might give information on the subject. At the time'and place appointed, the re- cords represent, " that there was the greatest ap- pearance of the most ancient English and Indians, then living, to testify the truth of their knowledge," respecting the matters then to be determined. The commissioners, having fully heard every thing respecting the claims and title to that part of New England, adjourned to Boston, and there made a report to his majesty in an ample manner, declar- ing that the government of it belonged to Connecti- cut. The following is an abstract of such parts of the report as affected Connecticut. ' In humble obedience to your majesty's com- mands, we, your majesty's commissioners, have seri- ously considered the several claims before us. We find that your majesty, by your letters patent, dated at Westminister, the 23d of April, in the fourteenth year of your majesty's reign, granted to the governor and company of Connecticut, and their successors, all that part of your dominions in New England, bounded on the east by Narraganset bay, where the said river falls into the sea, and on the north by the line of the Massachusetts plantation, and on the south by the sea. * We have also had information, that some time after your majesty's grant and said patent was sent to your colony of Connecticut, the said country of the Narraganset was likewise, by patent, granted by your majesty to the governor and company of Rhode Island plantation, and is, by charter, bounded by a river called Pawcatuck, which by said charter is for ever to be accounted and called the Narraganset river : and this latter grant of your majesty to Rhode Island seems to be founded upon advice sub- mitted to by John Winthrop, Esq., said to be agent for Connecticut colony, and Mr. John Clark, agent for Rhode Island : to which Connecticut plead, UNITED STATES. that Mr. Winthrop's agency for them ceased, when he had obtained and sent the patent to them ; and that no submission or act of his could invalidate, or deprive them of any of the benefits graciously granted by your majesty's charter : and that, not- withstanding the seeming boundaries, set by said articles, signed by Mr. Winthrop and Mr. Clark, it is in the same articles provided, that the proprie- tors and inhabitants of the Narraganset country should choose to which of the two governments to belong, and that they unanimously chose and sub- jected to the government of Connecticut. " With humble submission, we cannot see any cause to judge that the said Pawcatuck river anci- ently was, or ought to be, called or accounted the Narraganset river. " 1. Because it lies some miles within the Pequot country, a nation, till extirpated by the English, often, or always at war with the Narragansets, and to which territories the Narragansets never pre- tended. " 2. Because Pawcatuck river falls into the sea many miles westward of any part of Narraganset bay, which is the river anciently called Narragan- set river, both because it on the eastward washes and bounds the whole length of the Narraganset country ; and for that Plymouth colony, which hath now been planted near threescore years, have ever since bounded themselves according to the sense and meaning, or limitation of their patent, by the same bay, called Narraganset river, towards the south. " Thus, after most strict and impartial inquiry and examination, having stated, we most humbly lay before your majesty the several original claims and pretensions offered to us with respect to the pro- priety, both of jurisdiction and soil in your majes- ty's province, or Narraganset country; and in fur- ther obedience to your said commission, have seri- ously weighed and considered all evidences, pleas, proofs, and allegations, &c. and with most humble submission and reservation of your majesty's right, offer our opinions, that by virtue of your said letters patent, granted to Connecticut, jurisdiction in, auc through the said province, or Narraganset country, of right belongs to the colony of Connecticut ; anc that propriety of soil, as derived from Mr. Winthrop and Major Atherton, is vested upon the heirs an assigns of said Mr. Winthrop, the heirs of Thomas Chiffinch, Esq., Major Atherton, Mr. Richard Smith. Mr. Simon Lynde, Mr. Elisha Hutchinson, Mr John Saffin, Mr. Richard Wharton and partners. " Finally, we hold it our duty humbly to inform your majesty, that so long as the pretensions of th Rhode Islanders to the government of the said pro- vince continue, it will much discourage the settle ment and improvement thereof; it being very im probable, that either the aforenamed claimers, 01 others of like reputation and condition, will remove their families, or expend their estates under so loos and weak a government. " Your majesty's most loyal and obedient subjects "EDWARD CRANFIELD, WILLIAM STOUGHTON SAMUEL SHRIMPTON, JOHN PYNCHEON, jun. NATHANIEL SALTONSTALL. " Boston, Oct. 20th, 1683." Connecticut had no sooner gained their poin against the claims of the king and Rhode Island than they were obliged to compete with a new anta gonist. Edward Randolph, Esq. on the 30th o June, 1683, had received a power of attorney from William and Ann, duke and duchess of Hamilton and James, earl of Arrau, son and heir of William nd Ann, and grandson of James, marquis of Ha- nilton, to sue for and recover their right and interest n lands, islands, houses, and tenements, in New Eng- and ; and he appeared before the commissioners at Boston, and in the name of the said duke, duchess, and earl, claimed the lands which they supposed lad been granted to their ancestor, in the deed of 1635. This renewed claim of that tract of country oc- casioned answers from the proprietors of the lands, and from Connecticut, with several opinions on the case. The following is their substance. Mr. Saftin, in November, in behalf of the pro- prietors, replied : " The ends aimed at and propounded in the king's charter to the great council of Plymouth, was the propagation of the Gospel among the heathen, and the enlargement of his majesty's empire, by planta- tion ; and whatsoever grants were made by said council, were founded upon those considerations; which being not pursued, rendereth all grants of land void. Qwi sentit commodum, incommodum sen- ire debet et onus. (He who enjoys the benefit of a grant, ought to bear its disadvantage and burthen.) And it doth not appear that his grace (as other patentees,) did transport any person, or plant any colony, nor used any other means, either to instruct the natives, or purchase their right in the lands, or appointed any agent to take possession, in order to the improvement of the same. But it is probable, that the duke, understanding a former patent was granted by the council of Devon, to the Lords Say and Brook, &c. in and about the year 163J, and purchased and improved by the colony of Connecti- cut, might divert him from any procedure therein. The copy of said patent, as we have been informed, when exhibited by John Winthrop, Esq. before the king in council, the then Lord-chancellor Hyde declared the Lords Say and Brooke's title to be good and unquestionable; and upon that interest, we presume, it was that Connecticut made applica- tion to his majesty, and that then charter was granted ; the Lords Say and Brook, and partners, having expended 9,000/. in settlement of the landa claimed by his grace ; and had made considerable improvements and fortifications upon the lands in several places, divers years before the date of Duke Hamilton's grant. " Our present gracious sovereign, &c. hath, by his royal letters, manifested his approbation of the purchase, possession, and improvement of his loyal subjects, the proprietors here. The said proprietors have been necessarily engaged in a bloody war with the Indians, in their late rebellion. " We further humbly offer, that, in regard that the copy of the duke's deed, presented by Mr. Randolph, in behalf of his grace, seems to have no signification of any hand or seal affixed to it, nor mention made of any witnesses, said to be the ori- ginal instrument, (yet affirmed to be a true copy thereof,) it may be presumed the said original deed was never completed according to law." And the governor and council of Connecticut answered, December 13th, 1683, as follows : " As to the substance of the duke's claim, so far as it concerns us, it is preceded, some years, by a grant from the right honourable Robert earl of Warwick, to the Lord Say, and other persons of honour and credit, March 19th, 1631, whereas his grace's deed was made four years after, viz, on the 20th of April, 1635. " By virtue of his majesty's grant to Lords Say, 734 THE HISTORY OF AMERICA. Brook, &c. they, and their assigns, our predecessors did, at their own proper charge, about the year 1634, begin to enter upon the said lands, and so have continued ever since, in actual possession and improvement thereof, without challenge or claim from Duke Hamilton: which improvement hath been with great cost, hazard, and labour of his ma- jesty's subjects; yet, by the blessing of God, and his majesty's grace, hath, in a good measure, an- swered the ends of those grants or patents ; as the propagating the Christian religion, and the increase and enlargement of his majesty's empire : of all which his grace Duke Hamilton hath, in these parts, done nothing that we know of. " His present majesty, understanding the condi- tion of his subjects in this colony, upon our humble address, April 23d, 1662, was graciously pleased to grant us a charter, for holding the lands therein granted firm, to us and our successors for ever; and in his letters, dated April 23d, 1664, sent to us by his majesty's honourable commissioners, he is pleased to call his grant a renewing of our charter, which must relate to that grant made by the earl of Warwick, in the year 1631 ; for we had no other, before his majesty's grant and confirmation afore- said. " Under these securities and encouragements, we laid out our estates, labours, &c. and suddenly after our first settling we were engaged in a bloody war, anno 37, with the Pequots, which was chargeable and expensive to us. Also, in the year 1675, a great people, who inhabited the Narraganset coun- try, rose up against his majesty's subjects, who were planted in these parts, slew many of them, burnt their houses, and destroyed their cattle, whereby we were engaged in another bloody war, which was the cause of great expense of blood and treasure, (his grace Duke Hamilton being no par- taker with us in any of those expenses, or helper of Us therein,) and by the assistance of Almighty God, and countenance of his majesty, in both these fore- mentioned wars, we overcame our enemies that rose up against us, without which all our grants would have been of little benefit to us. " It is required by his majesty's good laws, as in the 21st of King James, 16th, that the duke, and all others, should have sued out his claims : the reason of which law, as it is very great, so it is pleadable on our account; for it being latent unto us, for nearly 50 years, would prove our ruin, if thereupon our property be altered. Had the duke's grace, or his predecessors timeously set his claim, in competition with Lord Say's patent, that we had Itirchased, the people had known how to have ap- jilied themselves ; but after half a century's settle- ment, as aforesaid, we hope his majesty will be pleased to secure the same to his good subjects here. " We desire that we may have a more fit oppor- tunity to make a more full answer, and to present our proofs. " Per order of the governor and council, " signed per me, " JOHN ALLEN, Secretary." Some years after, several opinions, by gentlemen eminent for their learning in the law, were given ou the case, both as it respected the duke of Ha- milton and the colony of Rhode Island. Sir Francis Pemberton, having largely stated the case between Connecticut and the duke of Hamil- ton, says, " Marquis Hamilton, nor his heirs, or any deriving from him, have ever had possession, or laid out any thing upon the premises, nor made any claim, in said country, until the year 1683, which was about 48 years after said grant, the said heir by his attorney, claimed the said lands, at Bos- ton in New England, which is above 70 miles from the premises, and in another country. " The heir of said Marquis Hamilton, after three- score and two years, demands the said premises, or a quit-rent. I am of the opinion, that the heir of M. H. after such purchases, and so long quiet en- joyment of them, &c. ought not to recover any oi the lands or grounds or quit-rents out of them. " I am of opinion, that these purchasers, by virtue of their purchases, and so long and uninter- rupted possession under them, have an, undoubted right and title to these grounds and lands, and the buildings and improvement of them, and ought not now, after so much money laid out upon them, and such enjoyment of them, to be disturbed in their possession of them. FRANCIS PEMBERTON." Mr. Trevor having stated the case between Con- necticut and Rhode Island, gives his opinion to the lords of trade and plantations in the words follow- ing : " I am humbly of opinion, that this grant to Rhode Island is void in law, because the country of Narraganset bay was granted before to Connecticut, and that therefore the government of Narraganset bay doth, of right, belong to Connecticut, and not to Rhode Island: all which is humbly submitted to your honour's great wisdom. " Oct. 28, 1696. " THOMAS TREVOR." The aspects of the colony this year (1683) were exceedingly gloomy. Besides the dangers which threatened them, with respect to their civil and re- ligious privileges, the people were visited with great sickness and mortality ; and the instances of death among the clergy were uncommonly numerous. The fruits of the field were also diminished, and the inhabitants in various ways impoverished and dis- tressed. The general assembly, in October, considered the Divine dispensations so afflictive, as to demand their deepest humiliation ; and a general fast was appointed, and the people called upon to repent and humble themselves. The proclamation is in- troduced in these words, " Whereas it is evident to all who observe the footsteps of Divine Providence, that the dispensations of God towards his poor wil- derness people, have been very solemn, awful, and speaking, for many years past; and particularly towards ourselves in this colony, this present year, by occasion of general sickness in most places, and more than ordinary mortality in some, as also ex- cessive rains and floods in several plantations, short- ening us in our enjoyments; and considering also the holy hand of God, in bereaving so many churches and congregations of a settled ministry, whereby they are left, and have been, some of them, a long time, as sheep without a shepherd, as if the Lord "ntended, for our sins, to quench the light of our Israel." Colonel Dungan, having lately arrived at New York, the assembly, in November, appointed Major Nathan Gould, Captain John Allen, and Mr. Wil- iam Pitkin, a committee, to congratulate him upon his arrival, at his seat of government .; and to agree with him upon a settlement of boundaries between :he colonies. The committee were instructed not ;o exceed his demands of twenty miles east of Hud- sou's river: to examine his powers to treat, and if hey were only conditional, to treat with him upon he same terms They were directed to insist that there was no mistake with respect to the rise of the UNITED STATES 735 line at Memoronock ; and if they should be obliged to give up jurisdiction at any place, to preserve pro- perty inviolably to the proprietors ; and to insist on the former line, unless it should, in any place, ap- proach nearer to Hudson's river than the distance of twenty miles. In fine, they were required to make his honour sensible that the former line was legal and firm, and that the present settlement -was solely for the purpose of promoting peace and a good correspondence between his majesty's colony of Connecticut and the duke's territories, and their successive governors. As the colony had been certified by letters from the king, of a conspiracy against himself and the duke of York, the assembly addressed him on the subject. They declared, in the strongest terms, their utmost abhorrence of all plots against his royal per- son and government: that they prayed for kings and all men, and especially for his majesty, and all in authority under him : that they feared God and honoured the king ; and in such suppliant language as follows, they prayed for the continuance of their chartered rights. " Most dread sovereign, we humbly pray the continuance of your grace and favour in the full en- joyment of those former privileges and liberties you have, out of your princely grace and bounty, be- stowed upon us in your royal charter, granted this corporation, that our poor beginnings may prosper, under your shadow, to the glory of God, and the en- largement of your majesty's dominions." The number of persons giving in their lists, Oct. 1683, was 2,735, and the grand list was 159,385/. The committee appointed to agree with Colonel Dungan, with respect to the line of partition be- tween Connecticut and New York, came to an agreement respecting it November 28th, 1683 ; when it was agreed, " That the line should begin at Byram river, where it falleth into the sound at a point called Lyon's point, to go as the said river runneth to the place where the common road, or wadinjr place, over the said river is ; and from the said road or wading place, to go north north-west into the country, as far as will be eight English miles from the aforesaid Lyon's point ; and that a line of twelve miles, being measured from the said Lyon's point, according to the line or general course of the sound eastward, where the said twelve miles endeth, another line shall be run from the sound, eight miles into the country, north north-west, and abo that a fourth line be run, (that is to say,) from the northernmost end of the eight miles line, being the third mentioned line, which fourth line, with the first mentioned line, shall be the bounds where they shall fall to run ; and that from the eastern- most end of the fourth mentioned line, (which is to be twelve miles in length,) a line parallel to Hud- son's rivr, in every place twenty miles distant from Hudson's river, shall be the bounds there, between the said territories or province of New York, and the said colony of Connecticut, so far as Connecti- cut colony doth extend northwards ; that is to the south line of the Massachusetts colony : only it is provided, that in case the line from Byram brook's mouth, north north-west eight miles, and the line, that is then to run twelve miles to the end of the third fore-mentioned line of eight miles, to diminish or take away land within twenty miles of Hudson's river, that then so much as is in land diminished of twenty miles of Hudson's river thereby shall be added out of Connecticut bounds unto the line afore- miles distant from it ; the addition to be made the whole length of the said parallel line, and in such breadth as will make up quantity for quantity, what shall be diminished as aforesaid." The assembly in the session of May, 1684, ap- proved of this agreement, and appointed Major Na- than Gould, Mr. Jehu Burr, and Mr. Jonathan Selleck, to lay out the lines according to the stipu- lation ; and they accordingly were run, and on the 24th of February, 1685, were ratified by Governor Dungan and Governor Treat. Great complaints had been made in England against the colonies for harbouring pirates; and that no laws had been made against them ; and a letter had been written to the governor and com- pany, by Lyonel Jenkins, Esq., complaining of this neglect, and demanding, in the king's name, that a law should forthwith be made against piracy. A special assembly was consequently called on the 5th of July, and a law enacted against it, and a copy of it forwarded immediately to his majesty's secretary of state. At the election 1685, Giles Hamlin was chosen into the magistracy, in the place ot Mr. Topping, who seems to have died about this time. The legislature at this session addressed a letter of condolence to his majesty King James II. on account of the death of his brother King Charles II., and congratulating him on his peaceful accession to the throne of his ancestors. They presented him with the strongest assurances of their loyalty and attachment to his royal person and government; and at the same time, sensible of their danger under a prince of his character, they most humbly be- sought him to continue to them their civil and reli- gious privileges, and that he would preserve to them the peaceable enjoyment of their property. Upon the petition of a number of the inhabitants of Farmiugton, presented to the assembly in 1673, a committee was appointed to view Mattatock, and report to the assembly, whether a plantation might not be made in that tract ; and in May 1674, the committee reported that it was a place sufficient to accommodate 30 families. Upon this report, a com- mittee was appointed to settle a plantation there ; and the settlement commenced. The number of shares was about 28 ; and on May 13th, 1686, they appear to have been vested with town privileges, by the name of Waterbury. The despotic conduct of Charles II., in his latter years, and of James, at the commencement of his reign, are well known. The latter particularly, as we have already seen, extended his tyranny to the colonies ; and in July 1685, a quo warranto was issued against the governor and company of Connec- ticut, requii'ing their appearance before him, within eight days of St. Martin's, to show by what warrant they exercised certain powers and privileges. The governor having received intelligence of the measures adopted against the colony on the 6th of July, 1686, called a special assembly, to consult what might be done for the preservation of the just rights of the colony; and the assembly, after most serious deliberation, addressed a letter in the most suppliant terms to his majesty, beseeching him to pardon their faults in government, and continue them a distinct colony, in the full enjoyment of their civil and religious privileges ; they especially be- sought him to recall the writ of quo warranto, whicjr they heard had been issued against them, though i had not yet arrived : they pleaded the charter wiuti mentioned, parallel to Hudson's river, and twenty i they received of his royal brother, and his commeiv 730 THE HISTORY OF AMERICA. dation of them, for their loyalty, in his gracious letters, and his assurances of the continuance of their civil and religious rights ; and they made the strongest professions of loyalty, and of their con- stant supplications to the Supreme Ruler, that he would save and bless his majesty. On the 21st of July, 1686, two writs of quo war- ranto, brought over by Edward Randolph, that in- defatigable enemy of the colonies, were delivered to Governor Treat. The time of appearance before his majesty was passed before the writs arrived. Upon the reception of the writs, and a letter from Richard Normansel, one of the sheriffs of London, the governor immediately convoked another special assembly, which met on the 28th of July ; and the assembly appointed Mr. Whiting to be their agent, to present their petition to the king. He was in- structed to represent the time of the colony's re- ceiving the quo warrantos, and of the impossibility of its making its appearance at the time appointed : and also the great injury which the colonists would sustain, by the suspending their charter rights ; and especially by a division of the colony. If Con- necticut could not be continued a distinct govern- ment, he was instructed to supplicate his majesty to continue to them the enjoyment of their property, their houses and lands, and especially their religious privileges. On the 28th of December, another writ of quo warranto was served on the governor and company, bearing date October 23d, requiring their appear- ance before his majesty " within eight days of the purification of the Virgin." Though the writs gave no proper time for the appearance of the colony, and consequently no time at all ; yet they declared all its chartered rights vacated, upon its not appear- ing at the time and place ; and the design was to re-unite all the colonies to the crown. That. James II. was an obstinate and bigoted tyrant, few at the present day dispute. Nearly 50 corporations in England, and the corporation of the Bermudas had had their charters taken from them. The charter of Massachusetts had been vacated, and Rhode Island had submitted to the king. A general government had been appointed over all New England, except Connecticut. By the commission, instituting this general government, Connecticut was totally ex- cluded from all jurisdiction in the Narraganset country, or king's province. The governor and company of Connecticut, how- ever, in these discouraging circumstances, spared no pains, nor omitted any means for the preservation of their chartered rights. A special assembly was called on the 26th of January, 1687, after the re- ception of the third writ of quo warranto, to delibe- rate on the measures to be adopted in the then pre- sent circumstances of the colony ; but little more, however, was done, than to desire the governor and council to transact all business, which they should judge necessary and expedient, further to be done for the preservation of their privileges. The election in May proceeded regularly, but the assembly did nothing important. Fear and hesita- tion appear to have attended the legislature ; and they knew not what course to steer, with safety, either to themselves or their constituents. They, with the colony in general, were in great apprehen- sion, lest, after all their expense and dangers in settling and defending the country, and all their self-denial and sufferings for the sake of enjoying the worship and ordinances of Christ, according to the Gospel, they should not only be deprived of all their civil and religious liberties, but even of their houses and lands; as they felt that there was no security for any thing under a prince like James II. ; ho had indeed in his letters promised them the preservation of all their liberties ; yet without any fault on their part, he was arbitrarily wresting them from their hands. It is difficult to conceive, and much more to express, the anxiety experienced in this terrible crisis. Mr. Whiting exerted himself in England to pro- cure all the influence, and make all the opposition he possibly could, against a general governor of the colonies, and especially to prevent the suspension of the government of Connecticut, according to char- ter; but he found his utmost exertions to be in vain ; and he wrote to the governor, January 15th, 1687, that if the governor and council would defend their charter at law, they must send over one or more from among themselves. A special assembly was called upon the reception of the agent's letter, which convened on the 15th of June, to deliberate on the expediency of sending another agent ; but matters appeared so unfavourable, that it was deter- mined not to send another ; and Mr. Whiting was thanked for his services in favour of the colony, and desired to continue them. Mr. Dudley, while president of the commissioners, had written to the governor and company, advising them to resign the charter into the hands of his ma- jesty, and promising to use his influence in favour of the colony. His commission was superseded by a commission to Sir Edmund Andross to be gover- nor of New England ; who arrived at Boston on the 19th of December, 1686. The next day his commission was published, and he took on him the administration of government ; and soon after his arrival he wrote to the governor and company, that he had a commission from his majesty, to receive their charter, if they would resign it ; and he pressed them, in obedience to the king, and as they would give him an opportunity to serve them, to resign it to his pleasure. At this session of the assembly, the governor received another letter from him, acquaint- ing him that he was assured by the advice which he had received from England, that judgment was by that time entered upon the quo warranto against their charter, and that he soon expected to receive his majesty's commands respecting them. He urged them, as he represented it, that he might not be wanting in serving their welfare, to accept his majes- ty's favour, so graciously offered them, in a present compliance and surrender. Colonel Dungan also used his influence to persuade them to resign, and put themselves under his government ; but the co- lony insisted on their charter rights, and on the pro- mise of King James, as well as of his brother, to defend and secure them in the enjoyment of their privileges and estates; and would not surrender their charter to either. However, in their petition to the king, in which they prayed for the continu- ance of their chartered rights, they desired, if this could not be obtained, and it should be resolved to pu them under another government, that it might be under Sir Edmund's, as the Massachusetts had been their former correspondents and confederates, and as they were acquainted with their principles and manners ; and this was construed into a resig- nation, though nothing could be further from the design of the colony. The assembly met as usual in October, and the government continued according to charter, until the last of the month. About this time Sir Edmund, UNITED STATES. 737 with his suit, and more than 60 regular "troops came to Hartford, when the assembly were sitting, demanded the charter, and declared the govern- ment under it to be dissolved. The assembly were extremely reluctant and slow with respect to any motion to bring it forth ; and the tradition is, that Governor Treat strongly represented the great ex- pense and hardships of the colonists in planting the country ; the blood and treasure which they had expended in defending it, both against the savages and foreigners ; to what hardships and dangers he himself had been exposed for that purpose ; and that it was like giving up his life, now to surrender the patent and privileges so dearly bought, and so long enjoyed. The important affair was debated and kept in suspense until the evening, when the char- ter was brought and laid upon the table, where the assembly were sitting ; but by this time great numbers of people were assembled, and men suffici- ently bold to undertake whatever might be neces- sary. The lights were instantly extinguished, and one Captain Wadsforth, of Hartford, in the most silent and secret manner, carried off the charter, and secreted it in a large hollow tree, fronting the house of the Hon. Samuel Wyllys, then one of the magistrates of the colony. All remained peaceable and orderly; and the candles were officiously re- lighted ; but the patent was gone, and no discovery could be made of it, or of the person who had con- veyed it away. Sir Edmund from henceforth as- sumed the government, and the records of the co- lony were closed in the following words. . " At a general court at Hartford, October 31st, 1G87, his excellency, Sir Edmund Andross, knight, and captain-general and governor of his majesty's territories and dominions in New England, by order from his majesty, James II., king of England, Scotland, France, and Ireland, the 31st of October, 1687, took into his hands the government of the colony of Connecticut, it being, by his majesty, annexed to Massachusetts, and other colonies under his excellency's government. Fixis.' 1 Sir Edmund appointed officers, civil and military, through the colony, according to his pleasure. He had a council, at first, consisting of about 40 per- sons, and afterwards, of nearly 50; and four of this number, Governor Treat, John Fitz Winthrop, Wait Winthrop, and Joha Allen, Esquires, were of Connecticut. Sir Edmund began his government with the most flattering professions of his regard to the public safety and happiness. He instructed the judges to administer justice, as far as might be consistent with the new regulations, according to the former laws and customs ; but he soon laid a restraint upon the liberty of the press ; and then, one far more grievous upon marriage; which was prohibited, unless bonds were previously given, with sureties, to the governor; that were to be forfeited, in case it should afterwards appear that there was any law- ful impediment to the marriage. Magistrates only were allowed to join people in wedlock ; and the governor not only deprived the clergy of the perqui- site from marriages, but soon suspended the laws for their support, and would not suffer any person to be obliged to pay any thing to his minister; and also menaced the people, that if they resisted his will, their meeting-houses should be taken from them, and that any person who should give two pence to a non-conformist minister, should be punished. The fees of all officers, under this new administra- tion, were exorbitant. The common fee for the HIST, OF AMER. Nos. 93 & 94. probate of a will was 50s.; the administrators, how distant soever, were obliged to appear at Bos- ton, to transact all business relative to the set- tlement of estates; a grievous oppression of the poor people. We have already enlarged upon Andross's arbi- trary proceedings, in the hi-story of Massachusetts; upon which colony it appears he most fully vented his despotism. Connecticut had been less obnox- ious to government; and as it was further re- moved from the seat of government, was less under the notice and influence of this arbitrary governor. ,*.. Governor Treat was a father to the people, and felt for them in their distressed circumstances ; and the other gentlemen, who were of the council, and had the principal management of affairs in Connec- ticut, were men of principle and patriotism. They took advantage of Sir Edmund's first instructions, and as far as they possibly could, consistently with the new regulations, governed the colony according to the former laws and customs. The people were patient and peaceable ; but they were no strangers to what was transacted in the neighbouring colonies, and expected soon fully to share with them, in all their miseries. It was generally believed, that An- dross was a papist; that he had employed the Indi- ans to ravage the frontiers, and supplied them with ammunition ; and that he was making prepara- tions to deliver the country into the hands of the French. All the motives to great actions, to industry, eco- nomy, enterprise, wealth, and population, were in a manner annihilated; and a general inactivity per- vaded the whole public body. Liberty, property, and every thing which ought to be dear to men, every day, grew more and more insecure ; and all the colonies were in a state of general despondency, with respect to the restoration of their privileges, and the truth of the maxim, " when the wifrked beareth rule the people mourn," was every where exemplified in a striking manner. Revolution in New England Connecticut resume their government Address to King William Troops raised for the defence of the eastern settlements in New Hampshire and the province of Maine French and Indian war Schenectady destroyed Connec- ticut dispatch a reinforcement to Albany Expedi- tion against Camda The land army retreats, and the enterprise proves unsuccessful Leisler's abuse of Major General Winthrop The assembly of Con- necticut approve the general's conduct Thanks are returned to Mr. Mather, Agent Whiting, and Mr. Porter Opinions respecting the charter, and the legality of Connecticut's assuming their government Windham settled The Mohawk castles are surprised, and the country alarmed Connecticut send troops to Albany Colonel Fletcher, governor of New York, demands the command of the militia of Connecti- cut The colony petition King William on the sub- ject -Colonel Fletcher comes to Hartford, and, in person, demands that the legislature submit the mi- litia to his command; but they refuse Captain Wadsit'orth prevents the reading of hit commission, and the colonel judges it expedient to leave the co- lony The case of Connecticut relative to the militia stated His majesty determines in favour of the colony Committees are appointed to settle the boun- dary line between Connecticut and Massachusetts General Winthrop returns, and receives public thanks Congratulation of the earl of Bellamonl, 3 U 738 THE HISTORY OF AMERICA. appointed governor of New York and Massachu- setts Dispute with Rhode Island continues Com- mittee to settle the boundaries Expenses of the war Peace. Scarcely any thing could be more gloomy and distressful than the state of public affairs in New England at the beginning of the year 1689. But on the 5th of November, 1688, the prince of Orange Lad landed at Torbay, in England ; and immediately published a declaration of his design, in visiting the kingdom. A copy of this was received at Boston, by one Mr. Winslow, a gentleman from Virginia, in April 1689; and Governor Andross and his council were so alarmed with the news, that they ordered Mr. Winslow to be arrested, and committed to gaol, for bringing a false and traitorous libel into the country. They also issued a proclamation, com- manding all the officers and people to be in readi- ness to prevent the landing of any forces, which the prince of Orange might send into that part of America; but the people, who groaned under their burthens, secretly wished and prayed for success to his glorious undertaking. The leaders in the coun- try determined quietly to wait the event; but the great body of the inhabitants had less patience; tjnd stung with past injuries, and encouraged at the first intimations of relief, the fire of liberty re-kin- dled, and the flame, which for a long time had been smothered in their bosoms, burst forth with irresis- tible violence. On the 18th of April the inhabitants of Boston and the adjacent towns rose in arms, made them- selves masters of the castle, seized Sir Edmund An dross and his council, and persuaded the old governor and council, at Boston, to resume the government. On the 9th of May, 1689, Governor Robert Treat Deputy-governor James Bishop, and the former ma gistrates, at the desire of the freemen, resumed the government of Connecticut; and Major-genera" John Winthrop was, at the same time, chosen int< the magistracy, to complete the number appointee by charter. The freemen voted, that, for the pre sent safety of that part of New England called Con necticut, the necessity of its circumstances so requi ring, " they would re-establish government, as i was before, and at the time when Sir Edmund An dross took it, and so have it proceed, as it did be fore that time, according to charter; engaging them selves to submit to it accordingly, until there shoul be a legal establishment among them." The assembly having met, came to the followin^ resolution : " That whereas this court hath been in terrupted in the management of the government i this colony of Connecticut, for nineteen month past, it is now enacted, ordered, and declared, tha all the laws of this colony, made according to char ter, and courts constituted for the administration o government, as they were before the late interrup tion, shall be of full force and virtue for the future and until this court shall see cause to make furthe and other alterations, according to charter." The then confirmed all military officers in their respec ive posts, and proceeded to appoint their civil ofh cers, as had been customary at the May session. It was expected that it might soon be necessar to transact matters of the highest importance, r specting the most essential rights of the colony and the deputies therefore resolved, that if occasio should require any thing to be acted respecting the charter, the governor should call the assembly, and not leave the affair with the council. Upon the 26th of May a ship arrived at Boston, ith advice that William and Mary were proclaimed ng and queen of England. The joyful news soon cached Connecticut ; and a special assembly wa ailed, which convened on the 13th of June. On le same day, William and Mary were proclaimed ith great ceremony and joy ; and never was there reater or more general joy in New England, ban upon their accession to the throne of Great Jritain. The legislature addressed his majesty in the most yal manner; and presented their grateful acknow- edgments to him, for his zeal for the welfare of the ation, and for the protestant interest. At the same ime, they stated their charter privileges, and the manner in which Sir Edmund Andross had sup- ressed their government ; and they prayed for his majesty's directions, and his gracious confirmation f their charter rights. It was ordered, that Mr. Whiting should present their address. Meanwhile a revolution had been made at New fork; where one Captain Jacob Leisler had as- umed the government of that province, and kept he fort and city in behalf of King William. He ad written to Connecticut, and solicited assistance n ^defending the province ; and the assembly ap- >ointed Major Gould, and Captain James Fitch, to roceed to New York, and confer with Leisler and lis council relative to the defence of the frontiers. The committee, with Captain Leisler, were autho- rized to determine the number of men to be employed, .nd the measures to be adopted for that purpose; and in consequence of their determination, the go- ernor and council dispatched Captain Bull, with a company, to Albany, for the defence of that part of he country, and to assist in a treaty with the five nations, with a view to secure their friendship and attachment, as far as possible, to the English colo- nies ; a detachment of men was also sent for the defence of the fort and city of New York. While the French and Indians were threatening he northern frontiers, the eastern Indians were :arrying on their depredations in the eastern parts of New England ; and in September a special as- sembly was called on that account. Commissioners were appointed to consult with the commissioners of the other colonies, relative to the war in those parts ; and as it was imagined the Indians there had been injured by Governor Andross and his officers, the commissioners were instructed to inquire into the grounds of the war with them ; and if it should ap- pear that they had been injured, to use their utmost influence, that justice might be done them, and the country quieted in that way. But if they found the war to be just and necessary, they were authorized to engage the colony's full proportion of men, un- less it should amount to more than 200. Two com- panies were afterwards appointed to that service, under the command of Captains George Denison and Ebenezer Johnson. At the session in October it was resolved, that in consequence of the great expense of the colony, in defending his majesty's subjects in other parts, it was necessary to withdraw the aid which they had sent to New York. At this general court, the law respecting the choice of the governors and magistrates was enacted nearly in the words in which it now stands; but it instituted a mode of nomination different from the present ; which was to be made on the third Tues- day in March annually, and the votes were to be carried to Hartford by the constables of the county UNITED STATES. 739 towns, and on the last Tuesday in the month were, by them, to be sorted and counted ia the council- chamber. While the revolution delivered the nation from vassalage and popery, it involved it in an immediate war with. France, and the colonies in a French and Indian war ; and a large number of troops, and a considerable fleet, were sent from France, in 1689, with a special view to the reduction of New York. But as we have already given an account of this war in the previous histories, we shall not enlarge on it here. A special assembly was held on the llth of April, 1690, when letters were laid before the assembly from Massachusetts, soliciting that soldiers might be sent from Connecticut, to guard the upper towns upon Connecticut river; and that there might be a general meeting of commissioners from the several colonies at Rhode Island, to consult the common defence. There were also letters from Captain Leisler, at New York, and from Colonel Schuyler, and other principal gentlemen at Albany, urging, that Captain Bull and the soldiers there might be continued, and that reinforcements might be for- warded for the defence of that place and the adja- cent country ; and it was also urged, that Connec- ticut would unite with the other colonies, in raising an army for the reduction of Canada. The assembly determined, that there was a ne- cessity for their utmost exertions to prevent the set- tlement of the French, at Albany ; and it was re- solved, that two companies, of 100 inen each, should be raised and sent forward for that purpose. The colony also gave assistance to the frontier towns of Massachusetts upon the river. For the defence of Connecticut, it was ordered that a constant watch should be kept in the several towns, and that all the males in the colony, except the aged and infirm, should keep guard in their turns ; and if the aged and infirm were registered at more than 501. in the list, they were obliged to pro- cure a man, in their turns, to watch and guard in their stead. Though the colony had received no instructions from King William, confirming their charter, or directing the mode of government, yet at the gene- ral election, the freemen proceeded, as had been usual, to the choice of their officers ; and Robert Treat, Esq. was re-chosen governor, and James Bishop, Esq. deputy-governor. Samuel Wyllys, Nathan Gould, William Jones, John Allen, Andrew Leet, James Fitch, Samuel Mason, Samuel Talcott, John Burr, William Pitkin, Nathaniel Stanley, and Daniel Witherell, Esquires, were chosen ma- gistrates. At this session of the assembly, that part of Wea- thersfield which lay on the east side of Connecticut river, was made a distinct town, by the name of Glastenbury. The proposed meeting of commissioners was holden at New York, instead of Rhode Island, ou the 1st of May, 1690. The commissioners from Connecti- cut, were Nathan Gould, and William Pitkin, Es- quires. Though General Winthrop, who had been ap- pointed commander-in-chief, had acted in perfect conformity to the agreement of the commissioners, at New York, and to the instructions which had been given him, and though he. had taken all his measures by the advice of his officers, in repeated councils of war, yet Leisler, Milborn, and their party, were filled with the utmost rage and madness at a retreat he thought necessary. Leisler, how- ever, took advantage of the general, after the army had crossed Hudson's river, and lay encamped on the west side of it, and arrested and confined him, that he might try him by a court-martial of his own ap- pointment He was some days under the arrest; but when he was brought to trial, the Mohawks, who were in the camp, crossed the river and brought him off, with great triumph, and to the universal joy of the army. Leisler, Milborn, and their party, were so enraged with some of the principal gentle- men in Albany, who were of the general's council, that they were obliged to flee to Connecticut for safety ; and Livingston and others resided some time at Hartford. Leisler also confined the com- missary of the Connecticut troops, so that the army suffered for want of his assistance. This was viewed by Connecticut as a most illegal proceeding; not only highly injurious to General Winthrop and the colony, but to all New England. The governor and council remonstrated against his conduct, and demanded the release of General Wiuthrop and their commissary; and declared, that it belonged not to him to judge of the general's conduct, but to the colonies in general; that it was inconsistent with the very instructions which he had subscribed with his own hand ; and that, if he proceeded in his unprecedented and violent mea- sures, they would leave him and New York to them- selves, without any further aid from Connecticut, let the consequences be what they might. At the general court, in October, a narrative of the conduct of the general was exhibited, attested by the officers of the army, and by numbers of the principal gentlemen of Albany ; and attested answers of the Indians to the several councils of war, with such other evidence as the assembly judged proper to examine, were heard. Upon a full examination of the affair, the assembly resolved : " That the ge- neral's conduct in the expedition had been with good fidelity to his majesty's interest, and that his confinement at Albany, on the account thereof, de- served a timely vindication, as being very injurious and dishonourable to himself, and the colonies of New England, at whose instance he undertook that difficult service ;" and the court appointed two of the magistrates, in their name, " To thank the general for his good service to their majesties, and to this colony, and assure him, that, on all seasonable oc- casions, they would be ready to manifest their good sentiments of his fidelity, valour, and prudence." The assembly made him a grant of 40J. as a pre- sent, which they desired him to accept, as a further testimonial of their entire approbation of his services. Besides the troops employed in the expedition against Canada, Connecticut maintained a company upon the river, for the defence of the towns in Hampshire; and upon an alarm ia the winter, the governor and council dispatched a company to Deerfield, for the protection of that and the neigh- bouring towns. At the election in May 1691, all the former officers were re-elected. On the account of the death of. the Deputy-gover- nor James Bishop, Esq., a special assembly was convened, on the 9th of July, 1691 ; when William Jones, Esquire, was chosen deputy-governor, and Captain Caleb Stanley, magistrate. The Rev. Increase Mather, of Boston, was a most faithful friend to the liberties of his country ; and though he was agent for the Massachusetts, yet he was indefatigable in his labours, and, as opportu- 3U2 7*40 THE HISTOR1 OF AMERICA. nity presented, performed essential services for the other colonies. At the accession of William and Mary he had prevented the bill for establishing the former governors of New England; and he had united all his influence with Mr. Whiting for the bene- fit of Connecticut. One Mr. James Porter had also been very serviceable to the colony ; and the assem- bly, therefore, ordered that a letter of thanks should be addressed to both those gentlemen, for the ser- vices which they had rendered the colony. They were also desired to use their influence to obtain from his majesty a letter, approving of their admi- nistration of government, according to charter, as legal ; and expressing his determination to protect them in the enjoyment of their civil and religious privileges. The violation of the charters in England had been declared illegal and arbitrary; and the charter of the city of London, and those of other corporations in Great Britain, had been restored. The case of Connecticut, respecting their charter, had been stated, and the opinions of gentlemen of the law had been given relative to the legality of the go- vernment assumed by the colony, as follows : " Query, Whether the charter belonging to Con- necticut, "in New England, is, by means of their involuntary submission to Sir Edmund Andross's government, void in law, so as that the king may send a governor to them, contrary to their charter privileges, when there has been no judgment en- tered against their charter, nor any surrender there- of upon record ? " I am of opinion that such submission, as is put, in this case, doth not invalidate the charter, or any of the powers therein, which were granted under the great seal ; and that the charter not being sur- rendered under the common seal, and that surren- der duly enrolled of record, nor any judgment of record entered against it, the same remains good and valid in law; and the said corporation may lawfully execute the powers and privileges thereby granted, notwithstanding such submission, and ap- pointment of a governor as aforesaid, " 2d August, 1690. EDWARD WARD. " I am of the same opinion, J. SOMEKS. " I am of the same opinion ; and as this matter is stated there is no ground of doubt. " GEO. TREBY." The people at the eastward, in New Hampshire and the province of Maine, had been extremely dis- tressed by the war, and a very great proportion of them driven from their settlements ; and it had also been found exceedingly difficult to persnade men to keep garrison for the defence of that part of the country. The general court of Connecticut, there- fore, appointed a contribution through the colony for the encouragement of the soldiers who should keep garrison there, and for the relief of poor fami- lies, which had kept their stations, or been driven from them by the ravages of the enemy. The clergy were directed to exhort the people to liberal con- tributions for these charitable purposes. The num- ber of persons this year, rateable in the colony, was 3,109, and the grand list 183,159/. At the election, May 1692, William Jones, Esq. was chosen deputy-governor by the freemen. Mr. Caleb Stanley and Mr. Moses Mansfield were chosen magistrates. Governor W T inthrop and the other magistrates were the same they had been the year before. The French, the last year, while the troops were employed in the expedition against Canada, made a descent upon Block Island, plundered the houses, and captured most of the inhabitants. This greatly alarmed the people of New London, Stonington, and Saybrook; and detachments of the militia were sent to the sea-port towns for their defence. The assembly, therefore, about this time ordered that New London should be fortified; and that the forti- fications at Saybrook should be repaired. In February 1693, dispatches were sent to Con- necticut, acquainting Governor Treat, that the French had invaded his majesty's territories, and taken the fortresses of his allies ; and a demand was made of 200 men, complete in their arms, to march forthwith to Albany. A special assembly was called on the 21st of Fe- bruary, 1693, and it was ordered that 150 men should be sent immediately to Albany, or any other place which the governor should judge to be most for his majesty's interest. Fifty of the troops marched for Albany the next day. Scarcely had the assembly dispersed, before another express arrived, from Sir William Phipps, requiring a corps of 100 English men, and 50 In- dians, to assist in the defence of the eastern settle- ments, in the province of Maine and Massachusetts ; and on the 6th of March another special assembly was convened, and the legislature granted a cap- tain's company of 60 English men, and about 40 Indians, under the command of Captain William Whiting. Major-general Fitz John Winthrop was chosen magistrate at the election, which was the only alter- ation made among the magistrates this year. The general court ordered a letter to be addressed to the governor of Massachusetts, once more desir- ing him and that colony amicably to join with Con- necticut in running the partition line between the two colonies; and William Pitkin, Esq., Mr. Samuel Chester, and Captain William Whiting, were ap- pointed a committee to run the line. They had in- structions to begin, according to the express words of the patent of Massachusetts, three miles south of every part of Charles river, and thence to run to the westernmost bounds of Symsbury. Colonel Benjamin Fletcher,* governor of New Yorkywho had arrived at the seat of his government, Augusv, 29th, 1692, had received a commission en- tirely inconsistent with the charter rights and safety of the colonies ; being vested with plenary powers of commanding the whole militia of Connecticut and the neighbouring provinces. He consequently in- sisted on the command of the militia of Connecticut ; but as this was expressly given to the colony by charter, the legislature would not submit to his re- quisition. They, however, judged it expedient to refer it to the freemen, whether they would address a petition to his majesty, praying for the continu- ance of the militia in the power of the colony, ac- cording to their charter, and for the continuance and preservation of all their chartered rights and privileges. There were 2,180 persons, or suffrages for addressing his majesty, and the freemen de- clared, that they would bear their proportionable charge with the rest of the colony, in prosecuting the affair to a final issue. At a special assembly, September 1st, 1693, the court appointed a petition to be drafted, to be pre- sented to his majesty King William, on the subject; and Major-general Fitz John Winthrop was ap- pointed agent to present the petition, and employ his best endeavours for the confirmation of all the chartered privileges of the colony. He was desired, UNITED STATES. 741 &s soon as possible to take his passage to England, I terms with him respecting the mililia, until his ma- and upon his arrival there, to lay the business as I jesty's pleasure should be further known ; but no expeditiously as might be, before his majesty, and I terms could be made with him short of an explicit prosecute the affair to an issue, with all convenient I submission of the militia to his command, dispatch. On the 26th of October, he came to Hartford, lie was instructed to make a full representation I while the assembly were sitting, and in his majesty's of the great hardships, expense, and dangers of the name, demanded their submission of the militia to inhabitants, in planting and defending the colony; his command, as they would answer it to his ma- and that these had been born wholly by themselves, I jesty ; and that they would give him a speedy an- without any assistance from the parent country : 1 swer in one word, Yes, or No. He subscribed'him- that it would endanger and ruin the colony if the I self his majesty's lieutenant, and commander-in- nailitia should be taken from it, and commanded by I chief of the militia, and of all the forces by sea or strangers at the distance of N ew York and Boston : I land, and of all the forts and places of strength in that it would wholly incapacitate them to defend I the colony of Connecticut. He ordered the militia themselves, their wives, and children : that before I of Hartford under arms, that he might beat up for they could obtain instructions from such a distance, I volunteers ; and it was judged expedient to call the upo'n any sudden emergency, the colony might be I trainbands in Hartford together; but the assembly depopulated and ruined: that a stranger at a dis- 1 insisted, that the command of the militia was ex- tance might not agree with the governor and coun- 1 pressly vested by charter in the governor and com- cil in employing the militia for the defence of the I pany ; and that they could by no means, consist- property, lives, and liberties of the subjects ; and I ently with their just rights and the common safety, that the life and support of the laws, and the very I resign it into any other hands ; and they further existence of their civil constitution depended on the I insinuated, that his demands were an invasion of militia. He was also instructed further to represent I their essential privileges, and subversive of their the state of the militia of Connecticut, with respect I constitution. to its difference from that of the militia of England : I Upon this, Colonel Bayard, by the governor's that from the scattered state and small number off command, sent a letter into the assembly, declaring the inhabitants, it had been necessary that all males, I that the governor had no design upon the civil rights from sixteen years of age, should belong to the I of the colony ; but would leave them in all respects militia, and be made soldiers, so that if the militia I as he found them; he then tendered a commission were taken from the colony, there would be none I to Governor Treat, empowering him to command left but magistrates, ministers, physicians, aged and I the militia of the colony ; and declared that the infirm people, to defend their extensive sea-coasts I governor insisted, that they should acknowledge it and frontiers; and that giving the command of the I an essential right, inherent in his majesty, to com- militia to the governor of another colony, was, in I mand the militia ; and that he was determined not effect, to put their persons, interests, and liberties I to set his foot out of the colony until he had seen his entirely into his power. The agent was also directed I majesty's commission obeyed: and that he would to represent the entire satisfaction of the colony with I issue his proclamation, showing the means he had the present government, and the great advantages I taken to give satisfaction to his majesty's subjects resulting from it : that giving the command of the I of Connecticut, and that he should distinguish the militia to the governor of another province, would I disloyal. exceedingly endanger, if not entirely destroy that I The assembly, nevertheless, would not give up general contentment, and all the advantages thence I the command of the militia ; nor would Governor arising to his majesty and his subjects : that out of I Treat receive a commission from Colonel Fletcher. 3000 freemen in the colony, 2,200 actually met, I The trainbands of Hartford assembled, and, as the and gave their suffrages for the present address ; I tradition is, while Captain Wadsworth, the senior and that the greatest part of the other 800 were for I officer, was walking in front of the companies, and it, but were by their particular affairs prevented from I exercising the soldiers, Colonel Fletcher ordered his attending at the respective meetings, when the I commission and instructions to be read. Captain suffrages were taken : that the inhabitants were uni- 1 Wadsworth instantly uttered the command, " Beat versally for the revolution; and that in the whole I the drums;" and there was such d, roaring of them colony, there were not more than four or five mal- 1 that nothing else could be heard. Colonel Fletcher contents. He was also charged to assure his ma- I commanded silence; but no sooner had Bayard jesty, that the militia should be improved with the I made an attempt to read again, than Wadsworth utmost prudence and faithfulness for his majesty's I cried, " Drum, drum, I say." The drummers un- service, in the defence of the frontiers of Massachu- I derstood their business, and instantly beat up with setts and New York; and to lay before him what | all the art of which they were masters. " Silence! silence !" said the colonel ; but no sooner was there a pause, than Wadsworth again cried with great the colony had already done ; especially for the pro- vince of New York, in their late distressed condi- tion. That for its defence, and the securing of the I vehemence, " Drum ! drum ! I say ;" and turning to five nations in his majesty's interest, they had ex- 1 his excellency, said, " If I am interrupted again 1 will pended more than 3000/., and lost a number of their I make the sun shine through you in a moment." He men ; and further, General Winthrop was directed, so I spoke with such energy in his voice and meaning in far as might be judged expedient, to plead the rights I his countenance, that no further attempts were made granted in the charter, especially that of command- I to read or enlist men ; and such numbers of people ing the militia, and the common usage, ever since I collected together, and their spirits appeared so the grant of the charter, for a long course of years. I high, that the governor and his suit judged it The colony wished to serve his majesty's interest, I expedient soon to leave the town and return to and as far as possible, consistently with' their char- 1 New York. tered rights, to maintain a good understanding with I The assembly at this sitting granted 500/. to sup- Governor Fletcher; and William Pitkin, Esq. was, I port Major-general Winthrop in his agency at the therefore, sent to New York, to treat and make | court of Great Britain. 742 THE HISTORY OF AMERICA. On the 7th of February, 1694, a special assembly \vas called in consequence of a letter from King William, relative to the fortifying of Albany; and in compliance with his majesty's requisition, the assembly granted 600. to be paid into the hands of Colonel Fletcher, for the defence of Albany ; and a rate of one penny on the pound was levied to raise the money. The rateable polls in the colony were at this time about 2,347, and the grand list 137,G46/. For the defence of the plantations in New York, and the towns upon the river, in the county of Hampshire, the assembly ordered, that the commis- sioned officers, who were the nearest to the places, which should at any time be attacked, should dis- patch immediate succours to them ; andprovision was also made that the several detachments of the mili- tia should be furnished with all articles necessary for their marching in any emergency, upon the shortest notice. Major-general Winthrop arrived safe in England, and presented the petition, with which he had been entrusted, to his majesty; and a statement of the case of Connecticut was drawn and laid before the king; in which, besides the facts stated in the in- structions of Mr. Winthrop, it was alleged that in the charter, granted by King Charles, the command of the militia was, in the most express and ample manner, given to the colony ; and that the gover- nor had always commanded it for the common safety : that in the charter there was a clause for the most beneficial construction of it for the corporation ; and another of non olstante to all statutes repugnant to said grant. It was also represented, that who- ever commanded the persons in a colony would also command their purse, and be the governor of the colony : that there was such a connexion between the civil authority and the command of the militia, that one could not subsist without the other : that it was designed to govern the colonies in America, as nearly as might be in conformity to the laws of En- gland; and that the king and his lieutenants ceuld not draw out all the militia of a county ; but a cer- tain part only, in proportion to its numbers and wealth. It was therefore pleaded, that Governor Fletcher's commission ought to be construed with the same restriction : that were not the command of the king and his lieutenants restricted by acts of parliament, the subjects could not be free ; and that for the same reason, Governor Fletcher's com- mand ought to be restrained by the laws of Connec- ticut, so far as they were not repugnant to the laws of England. It was further stated, that it was im- possible for Governor Fletcher so well to judge of the dispositions and abilities of each town and divi- sion in Connecticut, or be so much mastej of the affections of the people in time of need, as those who dwelt among them and had been chosen to command them; and therefore he could not be so well quali- fied for the local and ordinary command of the mili- tia ; nor serve the interests of his majesty, or the colony in that respect, so satisfactorily and effec- tually as its own officers. His majesty's attorney and solicitor-general gave their opinion in favour of Connecticut's command ing the militia; and on the 19th of April, 1694, his majesty in council determined according to the re- port which they had made. The quota of Connecti- cut, during the war, was fixed at 120 men, to be at the command of Governor Fletcher, and the rest o: the militia to be commanded as had been usual by the governor of Connecticut. Upon the solicitations of Governor Fletcher and Sir William Phipps, agents and a number of troops were sent to attend a treaty with the five nations : ;he expense of which to the colony was about 400/. A committee was appointed again in the May session, to run the partition line between Connecti- cut and Massachusetts. Massachusetts was invited :o join with them, but as that court refused, the com- mittee of Connecticut, by the direction of the as- sembly, ran the line without them and in October 1695, the general assembly renewed their applica- tion to the general court of Massachusetts, entreat- ng them to unite amicably in running the boundary Line, or to agree to it, as it had been run by Con- necticut. They stated how it ran, and what en- croachments they had made upon the colony. The Massachusetts insisted, however, upon the old line, made by Woodward and Saffery, and would not take any measures to accommodate the difference. At the court of election, May 1G9G, Eleazer Kimberly was chosen secretary ; and upon the re- quisition of Governor Fletcher, a compan) of GO men were ordered to Albany, under the command of Captain William Whiting; whilst 40 dragoons were also forwarded to the county of Hampshire, for the security of the inhabitants in that part of Massa- chusetts. About this time the town of Danbury was incor- porated ; the whole number of families amounted to only 24. At the general court, May 1697, Colonel Hut- chinsou and Captain Byfield were sent from Boston, to solicit the raising of such a number of troops a should enable Massachusetts to attack the eastern enemy at their head-quarters. The legislature judged themselves unable to furnish such a number, as would be necessary for that purpose, in addition to the troops they must raise for the defence of their own frontiers of New York, and the county of Hampshire ; but agreed to furnish a party of about 60 Englishmen and 40 Indians, to range the woods, near the walk of the enemy, and to defend the fron- tiers of the county of Hampshire. At a general assembly, January 22d, 1698, an alteration was made in the constitution of the county court ; by which it was provided, that it should con- sist of one chief judge and four justices of the quo- rum in each county, appointed by the assembly. Major-general Fitz-John Winthrop, having re- turned from his successful agency at the court of Great Britain, was received with great joy, by the legislature and the people in general; and the as- sembly presented him with their thanks for the good services he had rendered to the government: and as a further testimonial of the high sense which they entertained of his merit, fidelity, and labours for the public, they voted him a gratuity of 300/. On the 18th of June, 1697, Richard, earl of Bel- lamont, having received his commission to be go- vernor of New York and Massachusetts, and being every day expected at New York ; the general court of Connecticut were desirous to display their respect, and to conciliate his good graces ; and to that end appointed General Winthrop, Major Jonathan Sil- lick, and the Rev. Gurdon Saltonstall, upon the first notice of his arrival at New York, to wait upon him, and in the name of the general assembly of Connecticut, to congratulate him. Notwithstanding the determination of Lieutenant- governor Cranfield, and the king's commissioners, and the report to his majesty concerning the right of Connecticut to the Narraganset country, the cou- UNITED STATES. 743 troversy between Connecticut and Rhode Island still continued ; and the king would not confirm the judgment and report of the commissioners. The Rhode Islanders, though they had violated every article of the agreement between Mr. Winthrop and Mr. Clark, were yet ready to plead it against Con- necticut, whenever it should suit their convenience. A letter from the lords of trade and plantations was laid before the assembly, advising Connecticut to a settlement of boundaries with that colony ; and upon this recommendation, the general court appointed Major James Fitch, Captain Daniel Witherell, and the Rev. James Noyes, commissioners to treat with Rhode Island, and to attempt an amicable settle- ment. The peace of Ryswick, September llth, 1697, once more delivered Great Britain and her colonies from the calamities of war ; and the Americans re- joiced at the return of peace. Connecticut had been happy in the preservation of her frontiers, in the loss of few men, and in the effectual aid which she had given to her sister colonies ; but neverthe- less, the war had been very expensive, and exceed- ingly vexatious. Governor Fletcher caused the colony much unne- cessary trouble and expense ; as upon almost every rumour of danger, he would send on his expresses to Connecticut ; and the governor and council, and sometimes the assembly, were obliged to meet, and dispatch troops to some place ; and by these con- tinual false alarms, he almost wore out the gover- nor and council with meetings, and harassed the militia. The whole colony was so harassed with his vexatious management, that the governor wrote to Mr. Winthrop, while he was in England, desiring him to represent his conduct to his majesty, and pray for relief. But these miseries were now at an end. The successful agency of General Winthrop, his safe return to his country, the blessings of peace, and the appointment and arrival of the earl of Bella- mont to the government of the neighbouring pro- vinces, united their influence to diffuse universal joy; and the legislature appointed a day of public thanksgiving. General Winthrop is elected governor* The assembly divide and form into two houses 'Purchase and set- tlement of several towns The boundary line between Connecticut and New York surveyed and fixed-- Attempts for running and establishing the line be- tween Massachusetts and Connecticut Owaneco and the Moheagans claim Colchester and other tracts in the colony Attempts to compose all differences with them Grant to the volunteers The assembly en- acts, that the session in October shall for the future be in New Haven An act enlarging the boundaries of New London, and acts relative to towns and patents Measures adopted for the de- fence of the colony Appointment of king's atttor- neys Attempts to despoil Connecticut of its charter Bill for re-uniting the charter governments to the crown Sir Henry Ashurst petitions against, and prevents the passing of the bill -Governor Dud- ley. Lord Cornbury, and other enemies conspire against the colony They exhibit grievous complaints against it Sir Henry Ashurst defends the colony, and defeats their attempts Quakers petition Mo- heagan case Survey and bounds of the pretended Afoheagan country Dudley's court at Stoning ton The colony protest against it Dudley's treatment of the colony Judgment against it-*-Pelition to her majesty on the subject New commissions are granted Act in favour of the clergy State of the colony. At the election in 1698, there was a consider able alteration in the legislature. Major-general Fitz-John Winthrop, by his address, and the suc- cess of his agency in England, had rendered himself so popular, that he was elected governor; and the former governor, Treat, who had for many years presided, and who had grown old in the service of the colony, was elected deputy-governor ; William Jones, Esq., who for a number of years had been deputy-governor, was left out of the council. Mr. Joseph Curtis was chosen magistrate, to fill the vacancy made by the preferment of General Win- throp. Until the session in October 1698, the assembly consisted of but one house, and the magistrates and deputies appear to have acted together ; but at this time it was enacted, that the general assembly should consist of two houses: that the governor, or, in his absence, the deputy-governor and magistrates, should compose the first, which should be called the upper house : that the other should consist of the deputies, regularly returned from the several towns in the colony, which should be called the lower house. This house was authorized to choose a speaker to preside, and when formed, to make such officers and rules as they should judge necessary for their own regulation. It was also enacted, that no act should be passed into a law of this colony, nor any law, already enacted, be repealed, nor any other act, proper to this general assembly, be passed, except by the consent of both houses. At the general court, in October, an act passed, regulating the county court; which ordained, that it should consist of one chief judge, and two justices of the quorum. In 1699 the governor and deputy-governor were re-elected; and Richard Christopher was chosen into the magistracy, and Captain Joseph Whiting, treasurer. At this session the lower house, for the first time, formed separately, and chose Mr. John Chester speaker, and Cap'tain William Whiting clerk. At this assembly an act was passed, exempting the clergy from taxation ; and several enactments were made", relative to the settlement of new townships. In June 1659, Governor Winthrop obtained leave of the assembly to purchase a large tract at Quinibaug; and soon after, he made a purchase of Allups, alias Hyemps, and Mashaushawit, the Indian proprietors, of the lands comprised in the townships of Plainfield and Canterbury, lying on both sides of Quinibaug river. There were some few families on the lands at the time of the purchase ; but the planters were few, until the year 1689, when a number of people, chiefly from Massachusetts, made a purchase of the heirs of Governor Winthrop, and began settlements in the northern part of the tract. At their session, in May 1699, the general assembly vested the inhabitants with town privi- leges ; and the next year it was named Plainfield. The legislature, in the October session, 1698, enacted, that a new plantation should be made at Jeremy's farm ; which it was determined should be bounded southerly byLyme, westerly by Middletown, and easterly by Norwich and Lebanon. This was usually termed the plantation at twenty mile river. The settlement began about 1701 ; and in 1703, the assembly gave the planters a patent, confirming to them the whole tract. Some of the principal plant- 744 THE HISTORY OF AMERICA. ors were the Rev. John Bulkley, Samuel Gilbert, Michael Taintcr, Samuel Northam, John Adams, Joseph Pomeroy, and John Loomis. At the same sessioa a plantation was granted, upon the petition of the inhabitants of Guilford, at a place called Cogingchaug; which was bounded northerly by Middletown, easterly by Haddam, westerly by Wallingford, and southerly by Guilford. The petitioners were 31, but few of them moved on to the lands ; and for this reason, the settlement went on but slowly. The two first planters were Caleb Seward and David Robinson, from Guilford; and some others afterwards removed from the same town, and made settlements there. May llth, 1704, it was named Durham; but the number of inha- bitants was very small; and in 1707 they did not exceed fifteen. The inhabitants held meetings, and acted as a town, but were not incorporated with town privileges, until May 1708; and after this time t&e plantation increased rapidly. There was a great accession of inhabitants from Northampton, Stratford, Milford, and other towns. Committees were again appointed, at the session in October, to attempt a settlement of the bounda- ries between Massachusetts and Connecticut, and between this colony and Rhode Island ; but, like all former ones, they were unsuccessful. March 28th, 1700, the king, in council, confirmed the agreement made between Connecticut and New York, in 1683, respecting the boundary line between the two colonies. New York neglected, however, to run the line; and Connecticut, therefore, about twelve years after, applied to Governor Hunter, to appoint commissioners to complete the running of the line, and mark it with proper bounds. He laid the affair before the legislature of New York; but as they would adopt no measures for that purpose, and as there was no appearance that they ever in- tended to do so, Connecticut presented a petition to George the First, praying that he would issue his royal commands to his government of New York, that they should forthwith appoint commissioners, in concert with Connecticut, to complete the run- ning of the line, and the erecting of proper monu- ments. In consequence of this, the legislature of New York, in 1719, passed an act, empowering their governor to appoint commissioners to run the line parallel to Hudson's river, to re-survey the former lines, and to distinguish the boundary; and in May 17'25, the commissioners and surveyors of the two colonies met at Greenwich, and, having agreed upon the manner in which the work should be accomplished, the survey was executed, in part, immediately, and a report of what they had done was made to the respective legislatures of Connecti- cut and New York. On the 14th of May 1731, a complete settlement was made ; and by the parti- tion line, finally established, Connecticut ceded to New York a tract of 60,000 acres, as an equivalent for lands which New York had surrendered to Con- necticut, lying upon the sound. This tract, from its figure, has been called the Oblong. But to return. In 1700 the governor and coun- cil were all re-elected. Many acts of violence, since the last session of the assembly, had been committed against the inha- bitants of Windsor and Simsbury, by the people of Enfield and Suffield ; who had made encroachments two miles upon the land of those towns. To compose these difficulties, the assembly ap- pointed William Pitkin, Esq., Mr. John Chester, and Mr. William Whiting, a Committee, with ple- nary powers, to address the general court of Massa- chusetts, and to represent to them the readiness of the legislature of Connecticut, to join with them in any just measures for an amicable settlement of the boundary line. The court of Massachusetts ap- pointed Colonel Hutehinson, Mr. Taylor, Mr. An- thrum, and Mr. Prout, a committee, but with limit- ed powers, to fiud the southernmost line of Massa- chusetts, run by Nathaniel Woodward and Solomon Saffery. The general court also, on the 5th of June, passed an act, in answer to the proposal made by Connecticut, in which they insisted on the line run by Woodward and Saffery ; who were termed skilful and approved artists. The court also, in their act, insisted that all grants made by them to the inhabitants of Woodstock, or of any other place, should remain good and valid to the grantees, though the places should be found south of the line of Mas- sachusetts ; and to these hard terms the committee acceded, upon the condition that all the grants made by Connecticut, to the inhabitants of Wind- sor and Simsbury, should be acknowledged as valid, and the land granted be reserved to the proprietors. But the court of Massachusetts would not concede even this; and no accommodation could therefore be effected. The general court of Massachusetts determined to rely upon, and maintain the line run by their sailors, in 1642; and insisted that it had been the boundary between the colonies for nearly 60 years: that the colony of Connecticut was bounded on the south line of Massachusetts, which they said was not an imaginary, but well known line ; and also pleaded, that Mr. Wiuthrop, when he procured the charter, knew that to be the line, and that no other could be intended. Connecticut, on the other hand, maintained that the south line of Massachusetts, according to the express words of their charter, was a line running due west from a point, or station, three miles south of every part of Charles river; and that the station fixed by Woodward and Saffery was too far south. It was also insisted that, even allowing Woodward's and Saffery's station to be right, a due west line from it would run far north of Bissell's ferry- house at Windsor. The committee, appointed by the court of Massachusetts, reported that the line would run north of Bissell's house; yet the court of Massachusetts would not run the line, nor come to any accommodation ; but insisted on the line as it had been run by them in 1642, and on Connecticut's ceding their rights to all the lands which they had granted, whether they lay north or south of said line. Though Colchester held their lands from the colony, which claimed by virtue of Uncas's deed in 1640, Major Mason's purchase, in behalf of the colony, and surrender of the lands in the pre- sence of the general assembly, and by virtue of Joshua's will; and though the inhabitants had deeds from Owaneco, and the Moheagan sachems, covering the whole tract, yet they met with great difficulties, in the settlement of the town from Owa- neco and the Moheagans, who were made uneasy, and incited to mischief by designing men. The Masons, Daniel Clark, Nicholas Hallam, Major Palms, Major Fitch, and others, about this time, conceived the plan of obtaining a large tract of land, comprising Colchester, part of Lyme, and New London, Plainfield, Canterbury, and Wind- ham, for themselves; and imagined that the sur- render of Major Mason, in the general assembly. UNITED STATES. 743 was not legal, and that the circumstances of those early transactions were so far obliterated from the memory of the living, that they should be able to recover in law all the lands made over by Uncas, to Major Mason, acting as agent of the colony in 1659. The legislature, though they considered their title to the lands in the colony legal and indubita- ble, yet judged it expedient, rather than to have any difficulty with the Indians, to treat with them; and the governor and council being appointed a committee for these purposes, were instructed to obtain a quit claim of the Indians upon reasonable terms, and to advise the inhabitants, with respect to their settlements. Captain Samuel Mason, who was one of the magistrates, was particularly desired (o use his influence with the Indians to promote the design, and quiet the planters. From the first settlement of the colony, it had been customary to make grants of land to officers, soldiers, and others, who had been specially ser- viceable to the colony ; and grants had been made to Major Mason, to his officers and soldiers, in the Pequot war. This encouraged the volunteers, who had performed such signal services in the Narra- ganset war, to make application to the assembly for the grant of a new township, as an acknowledg- ment of their good services; and upon the petition of Captain Thomas Leffingwell, of Norwich, and Mr. John Frink, of Stonington, in behalf of them- selves and other volunteers, the general assembly, in October 1696, granted them a township, of six miles square, to be taken up in the conquered lauds ; and a committee having surveyed the lands, and made their report to the assembly, four years after, a township was confirmed to the petitioners, by the name of Voluntown. It was bounded by a due north line, from the pond at the head of Pawcatuck river to Greenwich path, thence west to the bounds of Preston, thence bounded by Preston and Sto- nington to Pawcatuck river, and thence by the river to the pond, the first-mentioned bounds. Nineteen years after, the assembly granted an addition of a considerable tract on the north part of the township. In 1701 Governor Winthrop and Deputy-gover- nor Treat were re-chosen. The magistrates were Andrew Leet, James Fitch, Samuel Mason, Daniel Witherel, Nathaniel Stanley, Moses Mansfield, John Hamlin, Nathan Gould, William Pitkin, Joseph Curtis, John Chester, and Josiah Rossiter, Esquires. Joseph Whiting, Esq. was re-elected treasurer, and Eleazar Kimberly, secretary. Ever sinoe the union of the colonies the assem- bly had convened at Hartford, both in May and October ; but at this session an act passed, that the assembly, in October, should be holden at the usual time in New Haven ; and it was also enacted, that the court of magistrates which had been commonly holden at Hartford in October should, for the future, be holden at New Haven, on the first Tuesday of the same month. A respectable committee was ap- pointed again this year, to make a settlement of the boundary line with Rhode Island, and committees were appointed, from year to year, for the same purpose, but all attempts for a long time were un- successful. The election in 1702 made no alteration in the legislature. The inhabitants of Windham having agreed upon a division of that town, on the 30th of January, 1700, the assembly, at this session, confirmed the agree- ment, and enacted that Windham should be divided into two towns, and that the town at the north end should be called Mansfield ; and the following May the assembly vested them with distinct town privi- leges; and granted patents, at the fame time, to both townships. The Indian name of Mansfield was Nawbesetuck. Settlements had been made here soon after they commenced at Windkam, Danbury had been surveyed for a town in 1693, soon after a plantation was made upon the lands. Some of the principal planters were James Beebee, Thomas Taylor, Samuel and James Benedict, John Hoit, and Josiah Starr. The general court, at this session, gave them a patent, granting them a town- ship, extending eight miles in length, north and south, and six miles in breadth, according to the original survey. In October the general assembly was holden at New Haven. The colony having received intelligence of tho death of King William, and a gracious letter from Queen Anne, voted that a letter should be addressed to her majesty, congratulating her upon her happy accession to the throne of her ancestors, and ex- pressing their thanks for the favourable notice she had taken of the colony. The only alteration made by the election, in May 1703, was "the choice of Peter Burr, Esq. into the magistracy. At this assembly an addition was made to the town of New London of all that tract, lying north of the former bounds, included in a line drawn from the north-eastern corner of Lyme, to the south- western corner of Norwich, as it goes down to trading cove ; and a patent was, at the same time, given to the inhabitants, confirming this and all other parts of the town to them for ever. At the same session it was enacted, that all the townships in this colony, to which the assembly had given patents, should remain a full and clear es- tate, with all the privileges and immunities therein granted, in fee simple to the proprietors, their heirs and assigns for ever ; and it was also enacted, that all lands sequestered, and given to public or private uses, should remain for ever, for the ends for which they had been given. England, Germany, and Holland, in May 1702, declared war against France and Spain; and, con- sequently, the American colonies were again in- volved in a French and Indian war; and the legis- lature, at the session in October, found it necessary to adopt measures for the safety of the country. A requisition was made by Governor Dudley, and the general court of Massachusetts, of a detachment of 100 men, to assist them in the war against the eastern Indians ; and soldiers were detached, and sent forth for the defence of the western towns in Connecticut. A committee of war was appointed to send troops into the county of Hampshire, in Mas- sachusetts, and to the frontier towns in this colony, as emergencies should require. At this assembly it was enacted, that the town of Plainfield should be divided, and that the inhabi- tants on the west side of the river should be a dis- tinct town, by the name of Canterbury. It appears that the settlement of this tract commenced about the year 1690. The principal settlers, from Con- necticut, were Major James Fitch and Mr. Solomon Tracy, from Norwich, Mr. Tixhall Ellsworth and Mr. Samuel Ashley, from Hartford ; but much the greatest number jpere from Newtown, Woburn, Dorchester, Barnstable, and Medfield, in Mas- sachusetts ; among whom were John, Richard, and Joseph Woodward, William, Obadiah, and 746 THE HISTORY OF AMERICA. Joseph Johnson, Josiah and Samuel Cleaveland, Elisha Paine, Paul Davenport, and Henry Adams. On the 15th of March, 1704, a special assembly was convened to provide for the common safety ; and to prevent mischief from the allied Indians, and preserve them from being corrupted and drawn away by the enemy, both the civil and military officers in the respective towns were directed to take special care of them ; to keep them within their own limits, and not to suffer them, upon their peril, to remove from the places which should be assigned them, nor to hold any correspondence with the enemy, or any foreign Indians, nor by any means to harbour them. A premium of ten pounds was also proposed as an encouragement to every friendly In- dian who should bring in and deliver up one who was an enemy. Orders were given requiring every particular town, in the colony, to convene and determine upon the manner of fortifying and defending themselves ; and in case of any sudden attack or invasion, the commissioned officers in the several towns were au- thorized to detach and send forth any number of soldiers, not exceeding half the militia, to repel and pursue the enemy. It was resolved that a grand scout should be employed by the committee of war upon the frontiers, for the discovery and an- noyance of the enemy ; and until this could be sent forth, it was determined that small scouts from the frontier towns should be constantly kept out, to dis- cover and give notice of the motions of the enemy. It was ordered that the 100 men solicited by the Massachusetts, should be raised forthwith, to act against the Eastern Indians, and that Governor Dudley should be requested to call them out imme- diately. A detachment of 60 men was ordered for the public service, principally with a view to the defence of the county of Hampshire, to be under the command of the committee of war in Connecti- cut, and the commanding officer in that county. At the court of election, May 1704, the former governors and magistrates were re-chosen. John Alien, Esq. was chosen magistrate, to fill the va- cancy made by the death of Moses Mansfield, Esq. Committees were appointed in the several counties to meet together, to consult and determine upon the best measures for the general defence and safety. As the deserting or giving up of any place would encourage the enemy, and materially effect the welfare of the colony, it was enacted, that if any persons or families, in any of the frontier towns, should desert their habitations or places of resi- dence without leave from the assembly, they should xbrfeit their freehold of lands and tenements in that place ; and it was further enacted, that if any male person, of the age of sixteen years, should so re- move from any frontier town, he should pay a fine of 101., and that the fine should be applied to the defence of the town from which he had removed. Good policy required, that as great a number of the friendly Indians as possible should be employed in the public service ; and gentlemen were, there- fore, appointed to enlist them as volunteers. Re- wards were given for this purpose ; as the Indians were the best troops to scout and range the woods ; and in proportion as they offered themselves, En- glishmen, whose labours were much more useful, were kept at home. Besides the 100 men dispatched to the eastward, 400 were raised for the defence of this colony, and of the county of Hampshire j who were required to be always ready ; and that they might be com pletely so both in summer and winter, it was ordered, that they should be furnished with snow shoes, that they might travel and run upon the snow. A num- ber of men in every town were obliged to prepare themselves in this manner. For the maintenance of good morals, the sup- pression of vicious and disorderly practices, and the preservation of the common peace, the assembly or- dered, that a sober religious man be appointed by the county court, in each of the counties, to be an attorney for her majesty, to prosecute all criminal offenders. The colony at this time was in the most critical situation ; as it was not only in danger, and put to great expense on account of the war, but it was continually harassed by the demands of Joseph Dudley, Esq., governor of Massachusetts, and of Lord Cornbury, governor of New York and the Jerseys, for men and money, as they pretended for the defence of their respective governments. At the same time the colony had a number of powerful enemies, who, by misrepresentation ana every other artifice in their power, were seeking to deprive them both of their lands and all their char- tered rights and privileges. Governor Dudley, Lord Cornbury, and their instruments, combined together to despoil the colony of its charter, and subject it entirely to their government ; and it ap- pears, from the letters and acts on file, that Dudley wished to unite all New England under his own go- vernment. At the same time, it seems he flattered Lord Cornbury, that if they could effect the re-union of all the charter governments to the crown, ho should not only have the government of the southern colonies, but of Connecticut. Dudley was a man of great intrigue and duplicity, as we have already seen in the account of Massachusetts. He had been connected with Sir Edmund Andross in the govern- ment of New England, and was an enemy to all the chartered rights of the colonies ; and while he was soliciting the government of Massachusetts, he had a view to the government of all New England. As he had conceived this plan as early as the latter part of the reign of King William, he opposed whatever he suspected would operate against it, and prevent the suspension of all government by charter ; and when he found, therefore, that Sir Henry Ashurst was appointed agent for Connecticut, he opposed his undertaking the agency with all his influence, be- cause he knew his friendship to the colonies, and that he was a powerful man. He united all his in- fluence with the court party, and the enemies to the liberties of the colonies, to vacate all the charters in America ; and so far succeeded, that in the latter part of the reign of King William, a bill was pre- pared for re-uniting all the charter governments to the crown ; and early in the reign of Queen Anne, it was brought into parliament. It imported, that the charters given to the several colonies in New England, to East and West New Jersey, Pennsyl- vania, Maryland, Carolina, the Bahama and Lucay Islands, were prejudicial and repugnant to the trade of the kingdom, and the welfare of his majesty's subjects in the other plantations, and to his ma- jesty's revenue arising -from the customs. It also further alleged, that irregularities, piracies, and unlawful trade, were countenanced and encouraged by the authority in the chartered colonies ; and it therefore enacted, " That all and singular, the clauses, matters, and things, contained in any char- ters, or letters patent, granted by the great seal UNITED STATES. 747 of England, by any of his royal predecessors, b 1 his present majesty, or the late queen, to any of the said plantations, or to any persons in them, shouli" be utterly void, and of none effect." It furthe enacted, " that all such power, authority, privileges and jurisdictions should be, and were re-united annexed to, and vested in his majesty, his heirs anc successors, in right of the crown of England, to al intents and purposes, as though no such charters or letters patent had been had or made." Sir Henry Ashurst, viewing the act as unjust and subversive of the civil and religious rights o the colony, preferred a petition to the' House o Lords, representing " that said bill would, do greal injustice to the inhabitants of Connecticut : that it would make void the charter granted to the colony by King Charles II. : that the government was b) said charter granted to them, and was so interwoven with their property, that it could not be taken away without exposing them to the utmost confusion, i not to utter ruin : that the inhabitants had never been accused of mal-administration, piratical or un- lawful trade ; and that their case was different from his majesty's other plantations in America. He, therefore, humbly prayed to be heard by his council, at the bar of the house in their behalf." In conse- quence of this, it was granted, May 3d, 1701, that the petitioner should be heard against the bill. Sir Heury was a zealous man, had honourable connexions, and his influence at court was very considerable ; and he raised all the opposition to the passing of the bill in his power. Representations were made not only of the ample rights and privi- leges granted to Conuecticutjby charter, but that they were granted for important considerations, and par- ticular services performed : that the inhabitants, at great expense and danger, had purchased, subdued, and planted an extensive country ; had defended it against the Dutch, French, and other enemies ol the nation; had enlarged his majesty's dominions, and increased commerce,: that the charter not only gave the inhabitants powers of government, but secured the title of their lands and tenements; and that, under these circumstances, the passing of the bill would be an act of great injustice ; would be ruinous to the colony, and prejudicial to the gene- ral interest. It was insisted, that it would be still more arbitrary and unjust, as the colony had not been even accused of mal-administration, piratical or illegal practices, or so much as heard on the sub- ject ; and it was pleaded, that the colony had ever been loyal and obedient, and if any irregularities or inadvertencies should finally be found ft the govern- ment, they would, on the first notice of them, un- doubtedly be reformed. At the same time, the taking away of so many charters was at once calculated to destroy all confidence in the crown, in royal patents and promises ; to discourage all further enterprise in settling and defending the country ; to create uni- versal discontent and disaffection in the colonies; and to produce effects much more prejudicial to the nation, than any of those which were then matter of complaint; and it would also afford an alarming precedent to all the chartered corporations in En- gland. These various considerations operated so powerfully against the bill, that it could not be carried through the houses. Governor Dudley and Lord Cornbury, however, were not discouraged. They determined to make a more open and powerful opposition to the charter rights of Connecticut ; and they determined as much stress had been laid on the argument, that Con- necticut had never been accused of .mal-administra- tion, piracy, or any illegal trade, to invalidate it by a direct impeachment of the colony of high mis- demeanors. They were both powerful enemies, and the colony had enemies among themselves. Ni' cholas Hallam, Major Palms, Captain Mason, Daniel Clark, and others-, had either appealed to England against the colony, or were scheming to possess themselves of large tracts of land, and for that purpose, were encouraging the Moheagan con- troversy. Hallam had appealed to England against the colony, and lost his cause ; and the king, in council, had established the judgment given against him in the courts of Connecticut. Major Palms, who had married the daughter of John Winthrop, Esq., the first governor of Connecticut, under the charter, had imagined himself injured by the admi- nistrators on the governor's estate, and had brought an action against them ; and losing his cause before the courts in this colony, he had appealed to En- gland. He was particularly irritated against 1 the colony, and against his brother-in-law, Fitz-John Winthrop, Esq., then governor of the colony. These malcontents all united their influence, by the gross- est misrepresentations, to injure the colony in its most essential interests. Lord Cornbury was poor, and not unwilling by any means to get money. He had made a demand of 450. upon the colony, for the defence of New York ; but Connecticut judged that it was not their duty to comply with his demand, as their expenses already were as great as the colony was able to bear. Dudley and Cornbury, therefore, proceeded to draw up articles of complaint against the colony ; and Dudley employed one Bulkley to write a folio book, which he termed " the Doom or Miseries of Connecticut;" in which he not only exceedingly misrepresented and criminated the colony, but ex- patiated on the advantages of a general-governor of New England, and highly recommended the govern- ment of Sir Edmund Andross. Among other complaints, the principal articles particularly charged, were, summarily these : that, the governor did not observe the acts of trade and navigation, but encouraged illegal commerce and piracy : that the colony was a receptacle of pirates, encouraged and harboured by the government : that the government harboured and protected soldiers, seamen, servants, and malefactors, who made their escape from other places, and would not deliver them up when demanded. It was also charged against the colony that it harboured great numbers of young men from Massachusetts and New York, where they were obliged to pay taxes for the expenses of the war, and induced them to settle there, princi- pally, because it imposed no taxes for that purpose : ;hat the colony would not furnish their quota for the fortification of Albany and New York, and the as- sistance of Massachusetts Bay, against the French, and Indians : and that if any of her majesty's sub- "ects of the other colonies sued for debt in any f the courts of the colony, no justice could be done hem, if the debt were against any of its inhabi- tants. It was also charged, that Connecticut, under the colour of their charter, made capital laws ; tried murders, robberies, and other crimes, and punished with death and banishment ; and that their courts f judicature were arbitrary and unjust ; that the egislature would not suffer the laws of England to )e pleaded in their courts, unless it were to serve heir own purposes : that they had refused to grant appeals to her majesty in council, and had given 748 THE HISTORY OF AMERICA. "great vexation to those who had demanded them : that the government had refused to submit to her majesty, and to his royal highness's commission of vice admiralty, and for commanding its militia ; and had defeated the powers which had been given to the governors of her majesty's neighbouring colonies for that purpose. Finally, it was charged that the legislature had made a law, that Christians, who were not of their communion, should not meet to worship God without licence from their assembly, which law extended even to the church of England, as well as to Christians of other denominations tole- rated in England. While Governor Dudley was thus attempting the ruin of the colony in the court of England, he kept up the appearance of the most entire friendship to- wards it, in this country ; and in a letter, of about the same date with his complaints, thanked the legislature for the 'great supplies which they had given him and the colony. The general assembly" had appointed the most re- spectable committees, and taken great pains to compromise all difficulties with Owaneco and the Moheagans; and though they had made repeated purchases and obtained ample deeds of their lands, yet, rather than have any uneasiness among the Indians, they offered Owaneco such a sum of money as was entirely satisfactory to him ; but Mason and the other malcontents, who .wished to possess the Indian lands, would not suffer him to accept it, and frustrated all attempts for an accommodation. While Mason and other enemies were practising these arts in Connecticut, Hallam, assisted by Dudley and his party, with other malcontents on both sides of the water, was making grievous complaints in England, of the injustice and cruelty of the colony towards Owaneco, in driving him from his lands, and depriving the Moheagans even of their planting-grounds. It was pretended, that in the late grant and patent to the town of New London, the legislature had conveyed away all his lands in that quarter, whereas particular care was taken, both in the grant and patent, to secure all the pro- perty and privileges of the Moheagans. The as- sembly had taken the most faithful and tender care of them, from the first settlement of the colony to that time ; and according to their agreement with Major Mason, then deputy-governor of the colony, when he resigned the Moheagan land to the as- sembly, they granted him a farm of 500 acres, and it was laid out to him at a place called by the In- dians, Pomakuk. They had also reserved a fine tract of land, of between 4 and 5000 acres to the Moheagans to plant on, which was much more than sufficient for that purpose; but the repre- sentations which these evil-minded men were constantly making to Owaneco and his people, at some times made them uneasy, and some of them probably imagined that they were really injured At the same time, the affair was so represented in England, as made impressions on the minds of many very unfavourable to the colony. . In this situation of affairs, Hallam, assisted b) the malcontents in England and America, preferret a complaint and petition to her majesty, Queen Anne, representing, that the sachems of the Mo- heagan tribe of Indians were the original and chie proprietors of all the lands in the colony : that the) were a great people, and had received and treatec the first planters in a peaceable and friendly manner that for an inconsiderable value, they had granted their lands to them, reserving to themselves a smal arcel only for planting-ground ; and that the gene- al assembly of Connecticut h*d passed an act by vhich they had taken that from them, which, until hat time, they had always enjoyed. For these easons it was prayed that her majesty would appoint Commissioners to examine into all these matters, nd into all the other injuries and violences which lad been done to the Moheagans, and to determine respecting them according to equity. The queen, imposed upon and deceived by these epresentations, and not waiting to give the colony in opportunity to be heard, on the 19th of July, 704, granted a commission to Joseph Dudley, Esq., he great enemy of the colony, Thomas Povey, Esq., ieutenant-governor of Massachusetts, Major Ed- ward Palms, and others, to the number of twelve, authorizing them to hear and determine the whole affair, reserving liberty to either to appeal to her majesty in council. At the session in May, a respectable committee was appointed, with ample powers, to examine into all the complaints of Owaneco and the Moheagan [ndians, and to report to the assembly in October. The committee appointed time and place, and at- empted to accomplish the business for which they lad been appointed ; but Captain Mason, whom Owaneco had chosen for his guardian, had skill enough to frustrate the design ; by making a journey :o Boston, at the very time, and Owaneco would do nothing without him. In the mean time the com- mission was granted by the queen, and the colony were unhappily drawn into a long and expensive controversy. The Masons claimed the lands purchased by their ancestor, Deputy-governor John Mason, by virtue of a deed given to him by Uncas, in 1659, while he acted as agent of the colony, and denied the legality of the surrender which he had made of them in the general assembly, the next year. They insisted, that it respected nothing more than the jurisdiction right, and that the title to the soil was vested in their family, as guardians or overseers of the In- dians ; but while they pretended great concern for the Indians, their sole object was to hold all those lands included in the deed for themselves and others, who had united with them in prosecution of the af- fair against the colony. Sir Henry Ashurst, wishing to preserve the im- portant privileges of the colony, had taken pains to postpone the hearing of the complaints against it, as far as possible, that the governor and company might have intelligence concerning them, and send their answer; but on the 12th of February, 1705, the hearing came on before her majesty in council. Governor Dudley and Lord Cornbury had spared no trouble to carry their point before her majesty ; and the former had been careful to procure and lay before her an opinion of the attorney-general, in King William's reign, " that he might send a go- vernor to Connecticut." Further, to prepare the way for the decision which he wished, he procured another opinion of the attorney and solicitor-gene- ral, .respecting the case of Connecticut, as it then appeared, " that if it were as Governor Dudley had represented, there was a defect in the government: that the colony was not able to defend itself, and in imminent danger of being possessed by the queen's enemies : and that in such case, the queen might send a governor for civil and military government ; but not to alter the laws and customs." The queen had directed Sir Henry to appear and show reasons, if any he had, why she should not UNITED STATES. 749 appoint a governor over the colony ; and as he con- sidered every thing dear to it at stake, he made exertions in some measure proportionate to the mag- nitude of the cause. Lord Paget, a man of great influence, was his brother by marriage, and he was related to, or intimately connected with other prin- cipal characters at court ; and he obtained all the influence which he possibly could, either by himself or his connexions, in favour of the colony. He re- tained two of the best council in England ; both members of parliament, possessing an estate of a 1000/. a year. He stood firm against all the charges of Dudley, Lord Cornbury, Congreve, and others, against the colony, and by his counsel for an hour and a half, defended it against all the art and intrigue of its adversaries, and all the law learning and eloquence of the attorney and solicitor-general. As Connecticut was entirely ignorant of the charges brought against it, and no information or evidence could be thence obtained, Sir Henry and his council were compelled to employ such means as were in their power. They amply stated the rights and privileges granted by the royal charter, the territory it conveyed, and the powers with which it vested the governor and company. They showed, that these patents were confirmed by a non obstante, and were always to be construed in the most favourable light for the grantees. It was demonstrated, that the legislature were vested with ample powers to make laws, criminal and capital, as well as civil ; to inflict banishment, death, and all other capital punishments, in all capital cases, no less than in others. It was also represented, that the gover- nors, or commanders in chief, were, by charter, vested with plenary powers to assemble in martial array, and put in warlike posture the inhabitants of the 'colony, for their defence, and to commission others for the like purposes. It was also clearly shown that, by charter, they had the same right to fish, trade, and do all other business, and enjoy all other privileges, by land and sea, which any other of her majesty's subjects had a right to do, or en- joy. It was therefore urged, that all those matters, charged against the colony, respecting their making capital laws, and inflicting capital punishments, whether death or banishment, were no crimes ; but things which the legislature not only had a right, but were bound in faithfulness to do, as circum- stances might require. For the same reason, it was also insisted, that the colonies claiming a right to command their own militia, and defeating the designs of the governors of the other colonies, who wished to command it, were no crimes. It was in- sisted, that doing them was no more than defending themselves in the enjoyment of their legal rights. With respect to the irregularity and injustice of the courts in Connecticut, it was observed, that ge- neral charges deserved no reply : that it did not ap- pear that what was charged was any thing more than mere hearsay and clamour ; but it was pleaded that, on the contrary, they had substantial evidence of the justice of the courts in Connecticut. That several appeals had been made to her majesty, from the judgment of those courts : that these had been different cases, and in every instance the judgments given by the courts in Connecticut had been ap- proved by her majesty, and the lords committee of council. This, it was said, was a notable evidence of their justice ; and that, so far as appeared, there had been no injustice or irregularity in any one ^ourt iu the colony. With respect to Governor Dudley's complaint, that Connecticut did not furnish the men which he demanded, and that of Lord Cornbury, that it did not comply with his demands for money, it was answered, that it did not appear from the charter, that the colony was obliged to comply with those requisitions: that the governors of other colonies had no right to command the legislature and people of Connecticut; and that they were under no obli- gations to obey them, any further than it should be required by her majesty. It was further observed, with respect to the money, that it appeared from his lordship's letter, that the general assembly of Connecticut had taken the requisition into their consideration, and had determined to know her ma- jesty's pleasure, before they gave away their money. It was affirmed, that there was nothing disloyal in such a determination : that the colony had a right to grant, or not to grant, their money, as they judged it expedient or not : that they had a right to know the purpose for which they granted it; and that their referring it to her majesty's pleasure, was au implication of their obedience to it, whenever it should be known. With reference to Connecticut's harbouring de- serters, malefactors, pirates, and the like, it was observed, that it was a general charge of little weight, and deserved no answer. It was affirmed to be a common thing, even in England, for sol- diers and others to go from one country into another, and not to be found; yet it might not be any crime or fault in the country where they secreted them- selves. As to Captain Matthews's finding two sol- diers at Stamford, and sending for Majur Silleck to secure them, it did not appear that there was the least fault in the major. It was evident, from his lordship's letter, that he went to Stamford, that the soldiers were brought, and that, while the major and Matthews were conversing together in a pri- vate room, they made their escape. It was said, it might be more the fault of Matthews than of Silleck; for it did not appear that Matthews was kept there by any force or constraint, but was examining into the affair, or talking generally upon the subject. With relation to the complaint of Lord Cornbury, in his letter of June 1703, " that he laboured under great misfortunes, in relation to the neighbouring provinces : that the coast of Connecticut is opposite to two-thirds of Long Island; by which means they filled all that part of the island with European goods, cheaper than their merchants could, because . they paid duties, and those of Connecticut paid none ; nor would they be subject to the acts of na- vigation ; by which means there had been no trade be- tween the city of New York and the east end of Long Island, from whence the greatest part of the whale oil came ; and that it was difficult to persuade those people that they belonged to that province," it was replied, that there appeared to be no fault in Con- necticut in this respect. It was maintained, that the inhabitants had a right to trade where they pleased, if it were not repugnant to the laws of Eng- land. It also was pleaded, that there was no evidence that they had been guilty of any illegal trade or practices ; and that they were a poor people, and carried on little trade. In a letter of the same date with the former his lordship had observed, " that he was satisfied this vast continent, which might be made very useful to England, if right, measures were taken, would never be so, till all the propriety and charter governments were brought under the crown." To this it was re- plied, that this might, or it might not be the case ; 750 THE HISTORY OF AMERICA. that the same, as circumstances might be, might be said of all the charters in England. It was, however, much insisted on, that the at- torney and solicitor-general had reported, " that her majesty might appoint a governor for Connec- ticut." To this the council for the colony answered, that the report was hypothetical, founded on the supposition that the colony was not able to defend itself, and was in danger of falling into the hands of her majesty's enemies ; but that there was no evi- dence of these facts. It did not appear, they said, that Connecticut was in a more defenceless state, or in greater danger of becoming a prey to her ma- jesty's enemies than any of the other colonies ; and it was pleaded, that the attorney and solicitor-ge- neral had not reported, that either of these was t'nt. case, and therefore their opinion could not be made a plea for sending a governor to Connecticut. Further, it was strenuously maintained, that it was an essential right of every individual and cor- poration to be heard before they were condemned ; and that the governor and company of Connecticut ought to be heard upon the articles exhibited against them, before any judgmentbe formed respecting them. It was observed, that governors, who, by enlarging their own territories, might increase their honours and profits, were apt to complain : that they were under peculiar temptations, especially at such a dis- tance, where it was so difficult to make inquiry, and obtain the truth: that there was more reason to suspect the governors complaining, than the gover- nor of Connecticut, who acted with a council and an assembly. It was therefore affirmed, that there was every reason that the colony should be heard in its own defence. If either the governor of New England or New York were impeached, and the same complaints made against them, said the coun- sel, which they have brought against Connecticut, her majesty would do nothing with respect to them until they had been heard. It would be contrary to all law and reason ; much more so, to treat a whole colony in this manner, in a case in which their charter might be forfeited, and their fortunes ruined. It was observed, that governors appointee during pleasure, often committed barbarous acts to enrich themselves; and that they had nothing to lose but their office ; whereas the colony of Connec ticut was of great substance, and had every thing t< lose : that even in ordinary cases, in which th< character and property of one man only were con cerned, nothing was determined, but upon sufficien evidence, given upon oath, and that it could never b< reasonable to condemn a colony upon mere sugges tions : that it might appear, upon a full examination that the governor of Connecticut was much bette qualified to govern than the governor of New Yorl or Massachusetts. It was therefore pleaded, tha the articles of complaint might be sent to the gover nor and company of Connecticut, and that the; might have an opportunity to answer for themselves that there could be no danger in this ; and if an irregularities should be found in the management o their government, they would most certainly reforr and obey her majesty's commands. Upon this full hearing, it was determined that th lords of trade should draw out the principal article of complaint, and send a copy of them to the gover nor of Connecticut, and to the two principal com plainants, Governor Dudley and Lord Cornbury overnor Dudley and Lord Cornbury were also di- jcted to transmit their evidence of the articles Barged, publicly and legally taken. By this means, Dudley, Cornbury, and their abet- rs, were caught in their own snare, their selfish- ess and duplicity were made to appear, in a strong oint of light, and their whole scheme at once totally uined. They were totally unable to support the larges which they had brought against the colony, t the same time, the legislature of Connecticut ould produce the most substantial evidence, that ic very reverse of what had been pretended, was true, 'hey had the last, and this year between 500 and 00 men in actual service. Four hundred of this umber had been employed, principally in the de- ence of Massachusetts and New York. The com- ittee of war, consisting of the governor, most of ie council, and other principal men in the colony, ad met, with officers and commissioners from Mas- achusetts, and most harmoniously united with them n opinion, and measures for the common defence, legislature were not only able to prove these acts, from the records of the colony, and from the esolutions of the committee of war, but what was till more confounding to Governor Dudley, to pro- luce a letter of his, under his own hand and signa- ure, acknowledging their generous and prompt as- iistance in the war, and thanking them for the aid which they had given him. They produced sub- stantial evidence, that when they had scarcely 20001. n circulating medium, in the whole colony, they lad, in three years, expended more than that sum n the defence of her majesty's provinces of Massa- chusetts and New York. They were able to evince, that they had shown the utmost loyalty and at- tachment to the queen ; been punctual in their ob- servance of the acts of trade and navigation ; had not been pirates themselves, nor at any time har- aoured pirates, deserters, servants, or criminals among them. With respect to appeals to her majesty, the le- gislature affirmed, that they had not refused to ad- ult them, only in cases in which proper security, or sufficient bondsmen had not been offered. In the of Major Palms, which seem to have been the only instances of which complaint had been made, the court judged that the security offered was insufficient. The men who offered themselves to be bound appeared to have little or no property. As to the vexations complained of, these respected the obtaining of copies of the judgments of the courts in his case. It seems he applied to the as- sembly for them, but the assembly declined giving them, insisting that it was not their province to give copies of the doings of other courts. He was therefore referred to the courts in which the judg- ments had been given. In the appeals of Major Palms, and in all other instances, the judgments of the courts in Connecti- cut were finally established; and upon a full exa- raination of the complaints, they appeared not only groundless, but invidious. The loyalty, justice, and honour of the colony appeared more conspicuous than they had done before : but it was some time before the evidence of the true state of the case could be collected and transmitted to England. Meanwhile, Dudley and Cornbury never lost sight of their object, but vigorously prosecuted the design of subverting the government. There had and that Connecticut should send their answer, with j been, nearly 50 years before, a law enacted against evidence respecting the several articles, legally j the quakers, but it does not appear that it had ever taken, and sealed with the public seal of the colony, been acted upon in Connecticut, and was, at that UNITED STATES. 751 time, become obsolete. It appears 'by a letter of the governor's, to Sir Henry Ashurst, that he did not know of one person, then in the colony, who was acknowledged to be a quaker; but Governor Dudley, by some means, obtained a copy of the law, and procured a publication of it in Boston. The knowledge of it was communicated to the quakers in England, and they were incited to petition for a repeal of the law of Connecticut against the qua- kers. A petition, about the beginning of April, was preferred to her majesty on the subject, reciting this law, and representing, that it was calculated to ex- tirpate their friends from that part of her majesty's dominion, and praying that she would disallow the said law. Sir Henry Ashurst presented a petition to the lords of trade and plantation, to whom the petition of the quakers had been referred, praying them to advise her majesty to come to no determi- nation on the subject, until the colony should have notice of the petition, and have time to send their answer. He represented, that the law was made against Adamites and Ranters : that it was become obsolete, and quakers lived as peaceably in Connec- ticut as in any of her majesty's plantations. He re- presented to their lordships, that there had been more complaints exhibited against this poor colony, in three or four years, without any crime proved, than had been before from the time of its first settle- ment, which made him believe that there were dis- affected persons, who were attempting by all means to make them weary of their charter government : that before the appointment of a certain governor for New England, the colony had enjoyed uninter- rupted peace for many years, and would have done to that time, had it not been for his misrepresenta- tions. He assured them, that he had been informed that Governor Dudley had, about two years before, ordered the act against the quakers to be printed in Boston, on purpose that the quakers in England might join with his other instruments in clamours against Connecticut, to deprive it of its charter pri- vileges. Her majesty, upon the advice of the lords of trade and plantations, declared the act against the quakers null and void, without giving the colony a hearing. Sir Henry Ashurst, writing to the colony soon after, says, " You see how you are every way at- tacked." The enemies of the colony in Connecticut and New England were no less active than those on the other side of the water. As they had obtained a commission for the trial of the case between Connec- ticut and the Moheagans, they spared no pains to carry their point; and on the 5th of July, 1705, Captain John Chandler, in behalf of Owaneco, Captain Samuel Mason, Hallam, and others, who interested themselves in recovering the lands from the colony, began the survey of the Moheagan country, and having accomplished the work, drew a map of it, with a view to the trial, before Dudley's court, which was approaching. The governor sent an officer and prohibited his entering upon the sur- vey ; but the party gave large bonds to indemnify him, and he proceeded notwithstanding. The boun- daries, as surveyed and reported by Chandler, Cap- tain John Parke, Edward Culver, and Samuel S terry, who assisted him, were on the south from a large rock in Connecticut river, near eight mile island in the bounds of Lyme, eastward, through Lyme, New London, and Grotou, to Ah-yo-sup- suck, a pond in the north-eastern part of Stoning- ton ; on the east, from this pond northward, to Mah-man-suck, another pond, thence to Egunk- sank-a-poug, whetstone hills ; from thence to Man- hum-squeeg, the whetstone country. From this boundary, the line ran south-west a few miles to Ac- quiunk, the upper falls in Quinibaug river. Thence the line ran a little north of west, through Pomfret, Ashford, Willington, and Tolland, to Mo-she-nup- suck, the notch of the mountain, now known to be the notch in Bolton mountain. From thence the line ran southerly, through Bolton, Hebron, and East Haddam, to the first-mentioned bounds. This it appears was the Pequot country, to the whole of which the Moheagans laid claim, after the conquest of the Pequot nation, except some part of 'New London, Groton, and Stonington, which had been the chief seat of that warlike tribe. The Mohea- gans claimed this tract as their hereditary country, and the Wabbequ asset territory, which lay north of it, they claimed by virtue of conquest. On the 23rd of August, 1705, the court of com- missioners, appointed by her majesty, to examine into the affair of the Moheagan lands, convened at Stonington. Writs had been previously issued, summoning the governor and company, with the claimers of lands in controversy, and all parties con- cerned, to attend at time and place. The court consisted of Joseph Dudley, Esq., president, Edward Palms, Giles Sylvester, Jahleel Brenton, Nathaniel Byfield, Thomas Hooker, James Avery, John Avery, John Morgan, and Thomas Leffingwell. It seems that the governor and general assembly of Connecticut had not been served with a copy of the commission, by which the court was instituted, and viewed it as a court of inquiry only, to examine and make report to her majesty, and not to try and determine the title of the lands in dispute. The committee appointed by the assembly, to appear before the court, were conditionally instructed. Provided the court was instituted for inquiry only, they were to answer and show the unreasonableness of the Moheagan claims, and the false light in which the affair had been represented ; but if the design was to determine with respect to the title of the co- lony, they were directed to enter their protest against the court, and withdraw. All inhabitants of the co- lony, personally interested in any of the lands in controversy, were forbidden to plead or make any answer before the court. Governor Winthron addressed the following letter to the president. " New London, August 21st, 1705. " Sir, I understand by your excellency's letter of July 3()th, your intentions to be at Stonington, on the 23d instant, to hear the complaints of Owa- neco against this government. I have, therefore, in obedience to her majesty's commands, directed and empowered William Pitkin, John Chester, Elea- zar Kimberly, Esquires, Major William Whiting, Mr. John Elliot, and Mr. Richard Lord, 'to wait on your excellency, and show the unreasonableness of those complaints, and the unpardonable affront put upon her majesty, by that false representation, and the great trouble to yourself thereby ; and I con- clude, in a short hearing, your excellency will be able to represent to her majesty, that those com- plaints are altogether groundless. The gentlemen shall assist your excellency's inquiry, in summon- ing such persons as you shall please to desire, and all things else, reserving the honour and privileges of the government." When the committee came before the court, they 752 THE HISTORY OF AMERICA. perceived that they determined to try the title of the colony to the lands, and judicially to decide the whole controversy ; and they resolved, therefore, not to make any answer or plea before them, but to protest against their proceedings. The protest is entered as follows : " To his excellency, Joseph Dudley, Esq., cap- tain-general and governor-in -chief of her ma- jesty's colony of Massachusetts Bay, &c. " We, the commissioners of her majesty's colony of Connecticut, are obliged, by our instructions from this government, to certify your excellency, that, in obedience to her majesty's commands to this co- lony, we are ready to show the injustice of those com- plaints against the government, made by Owaneco, to her majesty in council, if your excellency sees good that the complaints be produced, (provided the commissioners mentioned in her majesty's commis- sion, with your excellency, be qualified to act as members of the court of inquiry constituted thereby,) that'so your excellency and commissioners may, upon inquiry, be enabled to make such a true and just re- port of the matters of fact, mentioned in said com- plaints to her majesty, as you shall see meet. But if your excellency (as appears to us,) does construe any expressions 'in the said commission, so as to empower the said commissioners, by themselves, to inquire and judicially determine concerning the matter in controversy, mentioned in the said com- plaint, concerning the title of land or trespass, and do resolve to proceed accordingly, as we cannot but judge it to be contrary to her majesty's most just and legal intentions, in said commission ; so we must declare against and prohibit all such proceed- ings, as contrary to* law and to the letters patent under the great seal of England, granted to this her majesty's colony, and contrary to her majesty's order to this government, concerning the said com- mission "and complaint, as well as to the krroivn rights of her majesty's subjects, throughout all her dominions, and such as we cannot allow of. We only add, that it seems strange to us, that your ex- cellency should proceed in such a manner, without first communicating your commission to the general assembly of this her majesty's colony. " WILLIAM PITKIN, &c. ' August 24th, 1705." The inhabitants who had deeds of the lands in controversy, made default as well as the colony ; but the court proceeded to an exparte hearing. Owaneco, Mason, Hallam, and their council, produced such papers and evidence, and made such representations as they pleased, without any person to confront them; and after such a partial hearing of one day only, the court determined against the colony, and adjudged to Owaneco and the Moheagans a tract of land called Massapeag, lying in the town of New London ; and another tract of about 1 100 acres in the northern part of the town, which the assembly had granted as an addition to that township, in 1703. The court also adjudged to them a tract in the town of Lyme, two miles in breadth, and nine miles in length, with the whole tract contained in the town of Colchester. The court ordered Connec- ticut immediately to restore all those lands to Owa- neco, and filed a bill of cost against the colony of 573J. 12*. 8d. Thus a cause of such magnitude, in which the essential interests of a whole colony, and the fortunes of hundreds of individuals, were concerned, was carried wholly by intrigue and the grossest mis- representations. The commission was granted by her majesty, upon an ex parts hearing, upon the representation of the enemies of the colony; and the men who carried on the intrigue, were appointed judges in their own case. Without hearing the case, contrary to all reason and justice, they gave judg- ment against the colony, and hundreds of indivi- duals ; and they gave away lands holden by con- quest, purchased, ancient deeds from the original proprietors, well executed and recorded by charter, acts, and patents from the assembly, and by long possession. The chief judge had been using all his art and influence to ruin the colony, and was now supposed to be scheming fora portion of its lands, as well as for the government ; Major Palms had been a long time in controversy with the colony, was ex- ceedingly imbittered against it, and against the go- vernor, his brother-in-law ; and others of the com- missioners were supposed to be confederate with Mason and Clarke, and interested in the lands in controversy. Hallam, Clarke, and several of the commissioners were witnesses and judges in their own cause, and heard themselves, and no others. Owaneco was placed in state on the right hand of the president, and the colony were treated worse than criminals. After the court had given judgment against the colony, on the 24th of August, they spent three days in hearing such complaints as Owaneco, Ma- son, and other persons interested in the lands, or inimical to the colony, were pleased to make ; and when they had heard all the complaints and misre- presentations which they had to make, they repre- sented to her majesty, that Owaneco complained he was disseised of a tract of land, containing about 7000 acres, called Mamaquaog, lying northward of Windham ; of another tract called Plainfield, and considerable skirts and parcels of land, encroached upon and taken in by the towns of Lebanon, Wind- ham, and Canterbury. The court prohibited all her majesty's subjects fron entering upon, or improving any of those lands, until a further hearing and de- termination of the case ; and further, in the pleni- tude of their power, they appointed Captain John Mason to be trustee or guardian to Owaneco and his people, and to manage all their affairs ; and they represented, from the evidence of Major James Fitch and Captain John Mason, that the colony had left the Indians no land to plant on, and that they consisted of 150 warriors, 100 of whom had been in the actual service of the country that very year. These Indians were enlisted, and sent out by the colony of Connecticut, and went as cheerfully into service this year as they had done at any time be- fore; which gave demonstrative evidence," that there was no general uneasiness among the Moheagans. Had there been, two-thirds of their warriors would not have enlisted into the service of the government; and indeed Owaneco himself was uneasy only when the Masons, Clarke, Fitch, Hallam, and others, made him so ; who were scheming to deprive him and the Moheagans of their lands. So far was it from being true, that Connecticut had injured them, or taken their lands from them, they had treated them with great kindness, defended them by their arms, and at their own expense, and prevented their being orerpowered by their enemies. They had left them a fine tract of land, of between 4 and 5000 acres, between New London and Norwich ; and both in the grant and patent to New London, there was an express reservation of all the rights and property of the Indians. The colony had not only reserved lands for the Moheagans, but for all other Indians in it, to plant upon; and suffered UNITED STATES. 753 them to hunt, fish, and fowl in all parts of it, and even to build their wigwams, and cut such wood and timber as they needed, in any of their unin- closed lands. Dudley's court, having finished such business as was agreeable to its wishes, adjourned until the next May ; but it never met again ; and before that time, the intrigue and duplicity of Governor Dudley and the malcontents became so evident, that all their designs were frustrated. The assembly, at their session in October, ap- pointed a committee to examine into all matters re- specting the Indians, and the complaints which had been made against the colony, and, as soon as pos- sible, to transmit a particular and full answer to their agent. They were instructed fully to ac- quaint him with a true statement of the Moheagan case, and of the whole management of Dudley and his court. They were to represent that Dudley, Palms, and others of the commissioners, were in- terested, and parties in the cause, and to insist, that the manner in which the commission was pro- cured to Governor Dudley, Major Palms, and others, was matter of intrigue, and the whole pro- cess arbitrary and illegal. Sir Henry Ashurst, on receiving the papers rela- tive to the case, presented a petition to her majesty, representing the title of the colony to all the lands in controversy, by conquest, purchase, royal charter, long possession and improvement; and further, that Uncas, when the English became first ac- quainted with him, was a revolted Pequot, expelled his country, and had not a sufficient number of men to make a hunt; and that the lands reserved to him were not reserved to him in consequence of any right of his, but was a matter of mere permission : that Joseph Dudley, Esq., Hallam, Palms, the Ave- rys, Morgan, and Leffingwell, had grants of several parts of the controverted lands, and, in their own names, or in the name of John Mason, were at- tempting to set up their titles to them : that Dud- ley and Hallam, by misrepresentation, had obtained a commission from her majesty, by surprise, under the great seal of England, directed to the said Dud- ley, Palms, the two Averys, Morgan, Leffingwell, and others, most of whom were of Dudley's and Hallam's denomination, and under his influence; and that in the court, thus instituted, they were the accusers, parties, and judges: that they had assumed to themselves jurisdiction, in a summary way, to try her majesty's petitioners' titles to their lands, and to evict and disseise them of their freeholds, properties, and ancient possessions, without any legal process, or so much as the form of a trial. All which, it was represented, tended to the destruc- tion of all the rights of the colony, and was directly contrary to divers acts of parliament, made and provided in such cases ; and the agent, therefore, in behalf of the colony, appealed from the judgment of the said court to her majesty, in council, and prayed that the case might be heard before her. In consequence of this petition, her majesty, some time after, appointed a commission of review ; and the affair was kept in agitation nearly 70 years ; but it was always, upon a legal hearing, determined in favour of the colony. The final decision was by Gi-orge the Third, in council. The commissioners of review, in 174.3, not only determined the title of the lands to be in the colony of Connecticut, but " That the governor and com- pany had treated the said Indians with much hu- manity at all times ; and had, at all times, provided HIST. OF AMEB. Nos. 95 96. them with a sufficiency, at least, of lands to plant on ; and that no act, or thing appeared, either be- fore the judgment of Joseph Dudley, Esq. or since, by which they, the said governor and company, had taken from the Indians, or from their sachem, any tracts of land to which the Indians or their sachem had any right, by reservation, or otherwise, either in law or equity." The agent of the colony petitioned her majesty in its behalf, to hear the complaints exhibited by Governor Dudley and his accomplices, that it might have an opportunity of demonstrating how false and groundless they were ; and he also prayed, that as Dudley had surprise^ her, to grant a commission of high powers to the subversion of the rights of her loyal subjects, and contrary to her gracious inten- tions towards them, and had abused her name and authority to serve his own dark designs, that her majesty would, in some exemplary manner, dis- countenance the said Dudley and his abettors. However, it does not appear that Dudley or Lord Cornbury were ever obliged to bring forward any evidence in support of the charges which they had exhibited, or that her majesty, by any public act, discountenanced their intrigue and falsehood. They had such powerful friends at court, that they seem to have palliated, and kept the affair, as far as pos- sible, out of public view; and it seems to have been passed by without any further examination. There was no alteration made in the legislature at the election in 1706. The assembly adopted the same measures for the defence of Connecticut and the neighbouring colo- nies, which they had done the year preceding; and the same officers were appointed, and the same number of men sent into the field. The colony had assurances from their agent, Sir Henry Ashurst, that they had a clear right to com- mand their own militia; that the governors of the neighbouring colonies had no right to command their men, or money; and that this was the opinion of the best council in the nation. He also assured them, that they were under no obligations to them, to do any thing more, than to furnish such quotas as her majesty should require. At the session in October, the assembly passed the following act in favour of the clergy, " That all the ministers of the Gospel that now are, or here- after shall be settled in this colony, during the con- tinuance of their public service in the Gospel minis- try, shall have their estates, lying in the same town where they dwell, and all the polls belonging to their several families exempted, and they are hereby ex. empted and freed from being entered in the public lists and payment of rates." By virtue of this act, for the encouragement of the clergy of this colony, they have always from that, to the present time, been exempted from taxation. The legislature had be- fore released their persons from taxation, but not their families and estates. The colony, at this period, was in very low cir- cumstances. Its whole circulating cash amounted only to about 2000J. Such had been its expense in the war, and in defending itself against the attempts of its enemies in England and America, that the legislature had been obliged to levy a tax, in about three years, of more than two shillings in the pound, on the whole list of the colony. The taxes were laid and collected in grain, pork, beef, and other articles of country produce ; which were transported to Boston and the West Indies, and by this means money and bills of exchange were obtained, to pay 3 X 754 THE HISTORY OF AMERICA. the bills drawn upon the colony in England, and to discharge its debts at home. These poor circum- stances, and the misrepresentations, abuse, and dangers from their enemies, were endured with an exemplary magnanimity; and under the pressure of all this expense and danger, they cheerfully sup- ported the Gospel ministry and ordinances, in their respective towns and parishes. They con- templated their dangers and deliverances with thanksgiving, and rejoiced in the enjoyment of their privileges. The country is alarmed Means of defence- New townships granted and settled The Rev. Gurdon Saltonstall chosen governor Act empowering the freemen to choose the governor from among them- selves at large Acts relative to the settlement of the boundary line with Massachusetts Garrisons erected in the towns on the frontiers Expedition against Canada First emission of paper money Address to her majesty Loss of the colony at Wood Creek Expedition against Port Royal Acts respecting the superior court Settlement of the boundary line be- tween Massachusetts and Connecticut Return of peace Toums settled under Massachusetts State of the colony. Such reports of the preparations of the French and Indians, to make a descent upon some part of New England, were spread abroad, about the be- ginning of the year 1707, as gave a general alarm to the country; and on the 6th of February, 1707, a council of war, consisting of the governor, most of the council, and a considerable number of the chief military officers in the colony, convened at Hartford. A letter was received from Deputy-go- vernor Treat, and another from Major Schuyler at Albany, giving intelligence that the French and Indians, in their interest, were about to make a de- scent upon New England; and information was also communicated, that suspicions were enter- tained that the Pohtatuck and Owiantuck Indians designed to join the French and Indians from Ca- nada. The committee resolved, that the western fron- tier towns, Simsbury, Waterbury, Woodbury, and Danbury, should be fortified with all possible dis- patch ; and as Waterbury had sustained great losses by inundations, it was further resolved, for their en- couragement to fortify their houses strongly, that the governor and council would use their influence with the assembly, that their country rates should be abated. It was also resolved, that each of these towns should keep a scout of two faithful men, to be sent out every day to discover the designs of the enemy, and give intelligence should they make their appearance near the frontier towns. To prevent damages from the Pohtatuck and Owiantuck Indians, Captain John Minor and Mr. John Sherman were appointed to remove them to Stratford and Fairfield; and if from sickness or any other cause they could not be removed, it was ordered that a number of their chief men should be carried down to those towns, and kept as hostages to secure the fidelity of the rest. On the 2d of April a special assembly was con- vened in consequence of letters from Governor Dudley ; who had proposed to send an army of 1000 men against L'Acadia, and requested Con- necticut to join with Massachusetts in the expedi- tion. After the affair had been maturely considered, the assembly determined not to comply with the proposal; and the reasons given were, that they had lot been consulted, nor had had any opportunity of consenting to the expedition : that the neighbour- ing colonies, who were equally interested in the expedition with themselves, were not called upon to do any thing; ar?d that the vast expense of de- Fending the county of Hampshire and their own frontiers, incapacitated them to join in the enter- prise. At the general election this year the governor anfl council were all re-elected. Upon the petition of John Pratt, Robert Chap- man, John Clark, and Stephen Post, appointed a committee in behalf of the legatees of Joshua Uncas, the assembly granted a township which they named Hebron ; the settlement of which began in June 1704. The first settlers were William Shipmau, Timothy Phelps, Samuel Filer, Caleb Jones, Ste- phen Post, Jacob Root, Samuel Curtis, Edward Sawyer, Joseph Youngs, and Benoni Trumbull ; who came from Windsor, Saybrook, Long Island, and Northampton. The settlement went on but slowly ; partly on account of the opposition made by Mason and the Moheagans, and partly in conse- quence of the extensive tracts claimed by proprie- tors, who made no settlements. But several acts of the assembly were made, and committees ap- pointed, to encourage and assist the planters ; and by these means they so increased in numbers and wealth, that in about six or seven years they were enabled to erect a meeting-house, and settle a mi- nister among them. At the session in October the assembly granted a township to Nathan Gould, Peter Burr, Captain John Wakeman, Jonathan Sturges, and other in- habitants of the town of Fairfield, bounded southerly on Danbury, easterly on New Milford, and westerly upon the colony line. It extended fourteen miles northward from Danbury; and was afterwards named New Fairfield. The war, for several years, prevented all attempts for the settlement of this tract. As the frontier towns had exhibited much zeal in fortifying themselves agreeably to the directions of the governor and council, the assembly made them a liberal compensation. About this time the colony sustained a great loss, in the death of the honourable Fitz-John Winthrop, Esq.. and a special assembly was convoked on the 17th of December, by Deputy-governor Treat, at New Haven, for the purpose of electing another go- vernor; which ordered that the votes of both houses should be mixed before they were sorted and counted, and that the majority of voces should determine the choice. And in this method the Reverend Gurdon Saltonstall was chosen governor. Four of the magistrates, the speaker of the house, with three of the other deputies, were appointed a committee to acquaint him with the choice, and so- licit his acceptance of the important trust to which he had been chosen ; and a letter was addressed to him by the assembly, desiring him to accept of the choice which they had made, and, with the com- mittee appointed to wait on him, to answer the let- ters of their agent, and transact whatever the exi- gencies of the government might require. A letter was also addressed to his church and congregation at New London, acquainting them with the call, which the assembly imagined Mr. Saltonstall had to leave the ministry, andlo dispose them to submit to sucii a dispensation. The magistrates, upon Mr. Salton stall's acceptance of the trust to which he had beea UNITED STATES. 755 chosen, were directed to administer to him the oath of the governor, and the oath respecting trade and navigation; and on the first of January, 1708, Go- vernor Saltonstall accepted of his office, and took the oaths appointed by law. This assembly repealed the law which required that the governor should always be chosen from among the magistrates in nomination, and gave liberty for the freemen to elect him from among themselves at large ; and, consequently, at the election, May 13th, 1708, Governor Saltonstall was chosen governor by the freemen. Nathan Gould, Esq. was elected De- puty-governor; the former magistrates were re- chosen, aad Mr. John Haynes, for the first time, was elected one of the council. The former trea- surer and secretary were re-chosen. A township was granted, in the course of this session, at Pohtatuck, afterwards named Newtown. Connecticut, for a long course of years, had been at great trouble and expense, in attempting the settlement of the boundary line between this colony and Massachusetts; and the inhabitants of Windsor and Simsbury had been often exceedingly injured, in their persons and property, by the people of Suffield and Enfield, more especially by the former ; who had not only encroached upon their lands and cut down their timber, but often seized upon their tar and turpentine, and even upon their persons, and forcibly carried them to Suffield ; and in con- sequence of these outrages, great animosities had arisen between the inhabitants of these towns, arid many lawsuits had been commenced. The assem- bly, as far as possible, to terminate these evils, enacted, that commissioners should be appointed, with full powers, to run the line with such commis- sioners as Massachusetts should appoint for that purpose. These commissioners were directed to take care that the line should be run by skilful ar- tists, with good instruments ; and to take their sta- tion three miles south of every part of Charles river, whence Mr. James Taylor and the commissioners of this colony ran the line in 1702; and to run thence a due west line, and to make and set up substantial marks and monuments in the line between the colo- nies. And to prevent all further contention, it was enacted, that the inhabitants of Windsor, Simsbury, Suffield, and Enfield, should not make any im- provement on the contested lands, until the line should be run and settled ; and also, that all suits should rest until the county court at Hartford, in October. But it was at the same time provided, that the court of Massachusetts should give the same orders to the people of that province, who claimed upon the line, and should immediately unite with Connecticut in settling the boundary between the colonies. It was also further enacted, that, upon running the line, all the most ancient grants made to the proprietors, by either government, should give title and property to the settlers on either side of the line ; and that unless the court of Massachusetts would agree to the running of the line in this man- ner, a petition should be addressed to her majesty, praying her to give orders that the divisional line might be run. The assembly, at this session, ordered that a township should be laid out east of Woodstock, eight miles in length, and six in breadth; the inhabitants of which district were vested with the privileges of a distinct town, by the name of Killingly. At this session the assembly ordered, " that the ministers of the Gospel preach a sermon to the freemen, on the day appointed by law to choose their civil rulers, in the towns where they meet, proper for their direc- tion in the work before them ;" which seems to have been the oiigin of preaching freemen's meeting sermons in Connecticut. The affairs of the war were conducted this year in the same manner as they had been the preceding. Colonel William Whiting commanded a body of horse and infantry in the county of Hampshire, and scouting parties and garrisons were maintained on the frontiers of the colony. At the session in October, it was enacted, that two garrisons should be maintained, at the public expense, at Simsbury, and two at Waterbury ; and garrisons were to be kept at Woodbury and Dan- bury, as the council of war should judge expedient. At the election in 1709, Mr. Saltonst*!! was re- chosen governor, and Nathan Gould, deputy-gover- nor. The magistrates were Daniel Witherell, Na- thaniel Stanley, John Hamlin, William Pitkin, John Chester, Joseph Curtis, Josiah Rossrter, Richard Christopher, Peter Burr, John Allen, John Haynes, and Samuel Eells, Esquires; and Captain Joseph Whiting was treasurer, and Caleb Stanley secretary, A letter was laid before this assembly from her majesty, relative to an expedition against the French in Canada, an account of which has already been sufficiently given in the histories of the previous colonies. The legislature of Connecticut voted and raised their quota, of 350 men, with cheerfulness and ex- pedition ; and Colonel Whiting was appointed to command them. The assembly also voted an ad- dress of thanks to her majesty, for her royal care and favour to the colonies, in devising means for the removal of an enemy, by whom the colonies had been so great and repeated sufferers. This undertaking, which proved so fruitless, was a great loss and expense to the colonies; but Con- necticut only sustained the loss of about 90 men. This expedition occasioned the first emission of paper money in Connecticut; which was ordered at a special assembly, on the 8th of June, by the following enactment: " It is resolved, that to assist in the expedition, for want of money otherwise to carry it on, there be forthwith imprinted a certain number of bills of credit on the colony, in suitable sums, from two shil- lings to 5/., which, in the whole, shall amount to the sum of 8000/. and no more." It was also enacted, that the bills should be issued from the treasury as money, but should be received in payments at one shilling on the pound better than money ; one half only to be signed and issued at first, a'nd the other to remain unsigned, until it should be found necessary to put it into circulation ; and taxes were imposed for the calling in of one half of it within the term of one year, and the .other at the expira- tion of two years. Notwithstanding the war, the colony made pro- gress in settlement; and in 1708 John Belden, Samuel Keeler, Matthew Seymour, Matthias St. John, and other inhabitants of Norvvalk, to the num- ber of 25, purchased a large tract, between that town and Danbury, bounded west on the partition line between Connecticut and New York. The purchase was made of Catoonah, the chief sachem, and other Indians, who were the proprietors of that part of the country ; and the deed bears date Sep- tember 30th, 1708. At this session it was ordained that it should be a distinct township, by the name of Ridgefield. 3X2 756 THE HISTORY OF AMERICA. The only alteration made, by the election, in 1710, was the choice of Matthew Allen, Esq. in the place of Daniel Witherell, Esq. As we have very fully related the particulars of the war of this period in the account of Massachu- setts, we shall proceed with the home affairs of Connecticut. In May 1711, Joseph Taicott was chosen into the magistracy in the place of Josiah Rossiter, Esq. ; and an important alteration was also made respect- ing the superior court; which until this time had been holden at two places only, Hartford and New Haven, and at two terms annually; which was found to occasion much expense and inconvenience ; and it was therefore resolved, that the superior court should sit twice annually, in each of the counties, and that all actions should be tried in the county in which they originated. This assembly also made a grant of a township at a place called Pohtatuck, from a river of that name upon which part of it lies. At this session it was in- corporated and named Newtown. When the assembly met in October, an address was prepared to be presented to her majesty repre- senting the exertions of the colony in her service, condoling her on the disappointment with respect to the expedition, and praying for the continuance of her favour to the colony. A township had been given several years previous to this period by Uncas, sachem of the Moheagans, lying north of Lebanon and west of Mansfield, to certain legatees in Hartford ; and the donation was approved by the assembly. The legatees conveyed their right to William Pitkin, Joseph Taicott, Wil- liam Whiting, and Richard Lord, to be a committee to lay out the township and make settlements on the lands; and on the 9th of May, 1706, the general assembly had authorized those gentlemen to act as a committee for this purpose ; and on October llth, 1711, this committee was re-appointed, with one Nathaniel Rust, who had already settled upon the lands, more effectually to carry into execution the design of their former appointment ; and the town- ship, at the same session, was named Coventry. Na- thaniel Rust and some others first settled in the town about the year 1700 ; but the settlement of it has generally been dated from 1709 ; as in that year a number of householders from Northampton and other places, moved into the town, and the inhabit- ants were so increased in about two years, that they were now incorporated with the privileges of other towns. In consequence of letters from Governor Dudley, of Boston, and from General Nicholson, relative to the unsuccessfulness of the late expedition, a special assembly was called, November 3d, 1711. The design of which was to consult the best means of acquainting her majesty truly how the affair was ; what exertioae the colonies had made, and that it was not through any fault of theirs that the enter- prise was frustrated ; and it was resolved, that the colonies should make a joint representation, and that the pilots should be sent to England, to be ex- amined concerning the unfortunate naval expedition against Canada. The assembly accordingly deter- mined that John Mayhew, of New London, who was the only pilot from Connecticut, should forth- with proceed to Great Britain, with the pilots from Massachusetts. The election in 1712 made little or no alteration with respect to public officers; and nothing very material appears to have been transacted this year. The legislature made the usual provision for the lefenceof this colony and the county of Hampshire. Nathan Gould, Esq. the deputy-governor, was appointed chief Judge of the superior court ; and William Pitkin, Richard Christopher, Peter Burr, and Samuel Eells, Esquires, were appointed assist- ant judges. In the absence of the deputy-governor, William Pitkin was appointed chief jndge ; and in case either of the other judges were absent, any one of the magistrates was authorized to sit in his stead. Until this time, the judges of the superior court had been allowed nothing more than the fees of it; and an act was therefore passed at the October session, that the judges for the time being, upon laying their accounts before the assembly, should be al- lowed an honourable compensation for their ex- penses and services. About this time, the inhabitants of New Milford were incorporated and vested with town privileges. Ab&tt this time, William Partridge, Esq. of New- bury, and Jonathan Belcher, of Boston, opened a copper mine at Simsbury : and for their encourage ment, the assembly exempted the miners, operators, and labourers from military duties, for the term of four years. At the election in May 1713, Mr. John Sher- man, who had been some time speaker of the lower house, was chosen into the magistracy. In October 1687, a grant of lands, commonly called the Mashamoquet purchase, had been made by the general assembly, to Major James Fitch, Lieutenant William Ruggles, Mr. John Gore, Mr. John Pierpont, Mr. John Chandler, Mr. Benjamin Sabin, Mr. Samuel Craft, Mr. John Grosvenor, Mr. Joseph Griffin, Mr. Samuel and John Ruggles, and Mr. Nathan Wilson ; most of whom were planters from Roxbury, in Massachusetts ; and some of whom had moved on to the lands in 1686, before the grant was made; and ultimately in the year 1713, the inhabitants were incorporated and vested with town privileges : and the name was changed from Mashamoquet to Pomfret. In 1708, the assembly of Connecticut had deter- mined, that, unless the province of Massachusetts would accept of the terms which they had proposed, relative to the line between them, they would make application to her majesty, desiring that orders might be given, that Massachusetts forthwith should mutually join with Connecticut in running and set- tling the boundary line between the colonies ; but Massachusetts at that time would not consent to run the line as it had been proposed ; and would not even grant that there had been any mistake in run- ning it; and insisted, if there had, that, as it had been ran so long before the charter was granted to Connecticut, and they had been in possession of the lands in controversy for 66 years, and several towns and plantations had been settled upon them, it was not then reasonable to draw it into question. The assembly of Connecticut, therefore, in 1709, ap- proved a letter, addressed to the lords of trade, giving reasons why the line run by Woodward and affery ought not to be established; and it seems to been the determination of the legislature to have have appealed to her majesty with respect to the partition line ; but several circumstances finally pre- vented their so doing. Governor Dudley who was a man of great duplicity, had many friends and great influence at court; and Connecticut had none. Sir Henry Ashurst, also their agent for many years, appears now to have been no more ; and they had not yet sufficient time to fix. upon and have nroof of UNITED STATES. 757 the fidelity and ability of another in his place ; the colony was poor, and Jiad been put to great expense in defending itself against the complaints of Gover nor Dudley, Lord Cornbury, and other enemies, and against the claims of Mason and his party ; anc the English ministry were high tories, and inimica to all charter governments. The legislature were therefore apprehensive that their enemies were again concerting measures to deprive them of all the privileges which they had so dearly bought ; and as Massachusetts in some measure agreed to the terms proposed in 1708, it was, under all the circum- stances, judged most expedient to make the besl settlement which could be obtained, without an ap- peal to England. Consequently upon the 13th of July, 1713, com- missioners, fully empowered from each of the colo- nies, came to an arrangement which was adopted by each court. As they were both careful to secure the property to the persons to whom they had made grants of lands, and to maintain the jurisdiction over the towns which they had respectively settled ; it was expressly stipulated as a preliminary, that the towns should remain to the governments by which they had been settled ; and that the property of as many acres as should appear to be gained by one colony from the other, should be conveyed out of other unim- proved land, as a satisfaction or equivalent. With respect to about two miles, claimed by Windsor upon the town of Suffield, concerning the validity of which there had been a long contest, it was agreed", that if the tract fell within the line, it should be- long to Connecticut. On running the line, it was found at Connecticut river, to run 90 rods north of the north-east bounds of Suffield ; and it appeared that Massachusetts had encroached upon Connecticut 107,793 acres, run- ning a due-west line from Woodward's and Saffery's station ; and Massachusetts, therefore, made a grant of such a quantity of land to Connecticut, which was accepted as equivalent ; and the whole was sold in sixteen shares, in 1716, for the sum of 683J. New England currency ; a little more than a farthing per acre, and shows of what small value land was es- teemed at that day. It affords also a striking de- monstration, that, considering the expense of pur- chasing them of the natives, and of defending them, they cost originally often ten times their value. The money was applied to the use of the college. Notwithstanding the long and expensive contro- versy of Connecticut with the colony of Rhode Island, relative to the Narraganset country, and notwith- standing the king's commissioners, and lawyers, of the greatest note, determined, that the title was un- doubtedly in the governor and company of this co- lony, yet it was judged expedient to give up the claim. Lands were of so little value, and contro- versies before the king and council so expensive, and the event so uncertain, that the legislature deter- mined rather to comply with Governor Winthrop's and Clark's agreement, than to prolong the contro- versy. The court party, both in King William's and Queen Anne's reign, appeared reluctant to establish the charter limits of Connecticut at Narra- ganset river and bay ; otherwise they would have advised to establish the judgment of the king's com- missioners. The court probably were influenced by political principles ; and the establishment of the eastern boundary of Connecticut at Narraganset river and bay, would have ruined Rhode Island, by reducing them to limits too small for a colony. Con- necticut was, doubtless, fully sensible of these dis- positions of the sovereigns and court of Great Bri- tain, and it probably operated as a strong motive to induce them to give up their claim. In October 1702, a committee had been appointed to make a complete settlement of the boundary line between the colonies, reserving to all persons con- cerned, their entire property in lands and buildings, according to the agreement of Governor Winthrop and Mr. Clark ; and on the 12th of May, 1703, the committees from the two colonies had agreed, " that the middle channel of Pawcatuck river, alias Nar- raganset river, as it extends from the salt water up- wards, till it comes to the mouth of Ashaway river, where it falls into the said Pawcatuck river, and from thence to run a straight line till it meet with the south-west bounds or corner of Warwick grand purchase, which extends 20 miles due west from a certain rock, lying at the outmost point of Warwick neck, which is the south-easterly bounds of said pur- chase ; and from the said south west bounds, or corner of said purchase, to run upon a due north line, till it meet with the south line of the province of Massachusetts Bay, in New England : this to be, and for ever remain to be, the fixed and stated line between the said colonies of Connecticut and Rhode Island. Always provided, and it is hereby intended, that nothing in the afore-mentioned agreement, or any clause thereof, shall be taken or deemed to be the breach or making void of the fourth article in the agreement made between the agents of the said colonies of Connecticut and Rhode Island, viz. John Winthrop, Esq. and Mr. Daniel Clark, for main- taining property, dated April 7th, 1663, but that the same shall be kept and justly performed, accord- ing to the true intent and meaning thereof; and that all former grants and purchases, granted by, or made within either of the colonies, and all other ancient grants confirmed by the authority of Con- necticut colony within the township of Westerly, in the colony of Rhode Island, shall be duly preserved and maintained, as fully and amply to all intents and purposes, as if they were lying or continued within the bounds of the colony, by the authority of which it was granted or purchased'." But notwith- standing this agreement, Rhode Island, about this time, disowned its authenticity, pretending that their commissioners were not empowered to conclude fully and finally upon such settlement; and the cause was beard by the king in council, some years after, and decided according to the agreement of the commis- sioners as stated above ; and subsequently, on Sep- tember 27th, 1728, the line was finally ascertained and distinguished by proper monuments and bounda- ries. Roger Wolcott, James Wadsworth, and Daniel Palmer, on the part of Connecticut, and William Wanton, Benjamin Ellery, and William Jenks, in behalf of Rhode Island, being the com- mittees for running and final fixing of the line. No colony, perhaps, had ever a better right to he lands comprised in its original patent than Con- necticut, yet none has been more unfortunate with respect to the loss of territory. Charles II., in favour of his brother the duke of York, granted a jreat part of the lands contained within its original imits to him, and the legislature, for fear of offend- ng those royal personages and losing their charter, jave up Long Island, and agreed to the settlement of the boundary line with the king's commissioners; and for the reasons which have been suggested they ost a considerable tract on the north, and on the east. Indeed, considering the enemies and difficul- ies with which they had to combat, it is astonish- 758 THE HISTORY OF AMERICA. ing that they retained so much territory, and so firmly defended their rights and privileges. The peace of Utrecht was signed by the plenipo- tentiaries of Great Britain and France, March 30th, 1713 ; and official accounts of the pacification and orders for immediately proclaiming the peace were received by the governor of Connecticut, on the22d of August ; and the governor having called together the deputy-governor and council, they on the 26th, made a formal proclamation of peace between the two nations. Upon the pacification with France, the Indians buried the hatchet, and peace once more gladdened the colonies, Connecticut had not been less fortunate in this, than in former wars. A single town had not been lost, nor had any considerable number of the inha- bitants fallen by the hands of the enemy. In Philip's, King William's, and this war, only the buildings and part of the effects of one town, Simsbury, were destroyed ; the inhabitants of which, according to tradition, when consisting of about 40 families, sup- posing themselves in danger of a surprise, buried a considerable part of their effects, and generally re- moved back to Windsor; and the enemy, finding the town nearly deserted, fell upon it, burned the buildings, and captured several of the inhabitants. When the people moved back, such an alteration had been made by the burning of the buildings and the growth of weeds and bushes, that the parti- cular spot in which they had buried their effects could not be found, and they were never recovered. This most y>robably was in the spring of 1676, when the Narraganset and other Indians appeared in strong parties upon the river above. The expense of the last war was very consider- able. Some years the colony paid a tax of aboul stcven-penee and eight-pence in the pound, on the whole list of the colony ; and it was' found neces- sary to issue at several times, from June 1709, to October 1713, 33.500/. in bills of credit. Provi sion had been made by acts of assembly, for the calling in of the whole, within the term of aboul seven years from the termination of the war ; ant 20,000/. only were in circulation in October 1713 The emissions were all in the same form, and, by a law of the colony, the bills of each were to be re ceived in all payments at the treasury, at five pei cent, better than money, or more than expresset en the face of the bill; and in all other payments it was enacted, that they should be received ai money; and so small was the sum, and such was tin advance at which the bills were received at the trea sury, that they appear to have suffered little or m depieciation. As some of the small bills had been altered, and the sum expressed made greater than in the original ones, the assembly passed an act for calling them all in, and emitting 20,000/. in new bills, which the treasurer was directed to issue. After pursuing the history of the colony from it first settlements, it appears, that notwithstanding the many difficulties which it had to combat with, it advance was considerable ; as the following list wil prove. Counties and Towns, October 8th, 1713. County of Hartford. Hartford, Weathersfield, Windsor, Farmington, Middletown, Time of Settlement. 1635 1634 1635 1644 1651 County pf Time of Hartford. Settlement Simsbury, 1650 Haddam, 1668 Glastenbury made a town, 1690 Waterbury, 1686 n(i/ of Time of County of Time of tford. Settlement. New Haven. Settlement. Vindham, 1692 New Haven, 1638 'lainfield, 1689 Milford, 1639 iast Haddam, 1713 Guilford, 1639 lanterbury, 1703 Branford, 1644 lansfield, 1703* Wallingford, 1670 Colchester, 1699 East Haven, 1607 Hebron, 1704* Derby, 1675 Willingly, 1708* Durh'am, 1699 Coventry. 1709* New Milford. 1713* County of County of Veu> London. Fairfield. :w London, 1648 Fairfield, 1639 Saybrook, 1639 Stratford, 1639 Norwich, 1660 Greenwich, 1640 Lyme, 1667 Stamford, 1641 3tonington, 1658 Norwalk, 1651 illingworth, 1663 Woodbury incor- reston, 1686 porated, 1674 jebanon incorpo- Danbury, 1693 rated 1697 Newtown incorpo- Voluulown, 1700 rated, 1711* r'omfret intorpo- Ridgefield incor- rated, 1713* porated, 1709* It was customary with the assembly, from the irst settlement of the colony, to release the infant .owns two, three, or four years, at first, from all axes to the commonwealth ; and especially while they were building meeting-houses and settling mi- nisters ; and for these reasons, the eight towns marked with asterisks, at this time, appear to have been released from public taxation. Attempts had been made for the settlement of Ashford ; and two families moved on to the lands in 1710, but it was not incorporated until October 1714. The assembly had also appointed committees, and passed several acts respecting the settlement of New Fairfield, but it does not appear to have been incorporated at this time. Exclusive of the towns on Long Island, and some others in New York, and the town of Westerly, in Rhode Island, Connec- ticut had settled 45 towns under its own jurisdic- tion ; 40 of which sent deputies. The house of re- presentatives, when full, consisted of 80 members. The grand list of the colony was 281,083/. The militia consisted of a regiment in each county, and amounted to nearly 4000 eifective men. The num- ber of inhabitants was about 17,000. The shipping consisted of two brigantines, about 20 sloops, and some other small vessels; the num- ber of seamen did not exceed ] 20. There were three considerable towns in the colony under the government of Massachusetts, Suffield, Enfield, and Woodstock. Suffield and Enfield were part of Springfield, which had been purchased by Mr. Pyncheon and his company, of the natives, the original proprietors of the soil. This township was of great extent ; and at first it was supposed to be- long to Connecticut, and it always would, had not the boundary line been fixed contrary to the expecta- tions of the first planters. In 1670, a grant of Suffield had been made to Major John Pyncheon, Mr. Elizur Holyoke, Mr. Thomas Cooper, Mr. Benjamin Cooley, George Cotton, and Rowland Thomas, by the general court of Massachusetts, as a committee to lay it out aud plant a township ; and about that time it was settled, and incorporated with town privileges. Enfield was settled by people from Massachusetts, about the year 1681 ; and a grant of the township, which is six miles square, was made to several planters about two years before. UNITED STATES. We take this opportunity of giving a brief ac- count of the courts of Connecticut. The general court or assembly usually met in May and October ; when the sessions generally did not exceed ten or twelve days. The expense of the two sessions annually hardly amounted to 400/. ; the salary of the governor was 200/., and that of the deputy-governor 50/. ; and the whole expense of government probably did not exceed 8001. an- nually. The superior court was made ambulatory in 1711 ; and at the May session, 1711, it was enacted, that " there should be one superior court of judicature over the whole colony : that this court should be holden annually, within and for the county of Hartford on the third Tuesdays in March and September : within and for the county of New Haven, on the second Tuesdays in March and September : within and for the county of Fairh'eld, at Fairfield, on the first Tuesdays in March and September ; and within and for the county of New London on the fourth Tues- days in said months." This court consisted of one chief judge and four other judges, three of whom made a quorum. The judges of the court were all magistrates. William Pitkin, Esq. was chief judge ; and Richard Chris- topher, Peter Burr, Samuel Eells, and John Haynes, Esquires, assistant judges. The salary of the chief judge was ten shillings a day while on the public ser- vice; and the others were allowed the fees, by law, payable to the bench. At the session in May 1665, counties were first established; and from that time each county had a court of its own; which consisted of a chief judge and four justices of the quorum. In each county there was also a court of probates, consisting of one judge and a clerk ; in which all testamentary affairs were managed ; and from this court appeals might be had to the county court. One of the magistrates of the county was commonly judge of this court. It met frequently, and business was transacted with ease and dispatch, and with little expense. The manufacturers of Connecticut at this time were very inconsiderable ; there was but one clothier in the colony ; and the utmost he could do was to full the cloth which was made ; and a great propor- tion of it was worn without shearing or pressing. The trade of the colony was also very inconsider- ble ; and its foreign commerce was scarcely any thing. The only articles exported directly to Great Britain were turpentine, pitch, t?.r, and fur; which more generally were sent directlj to Boston or New York, and were exchanged for 4uch Euro- pean goods as were consumed in the colony. The principal trade was with Boston, New York, and the West India Islands. To the two former of which the merchants traded in the produce of the colony, wheat, rye, barley, Indian corn, peas, pork, beef, and fat cattle. To the West Indies the merchants exported horses, staves, hoops, pork, beef, and cat- tle ; and in return received rum, sugar, molasses, cotton wool, bills of exchange, and sometimes small sums of money. But little more was imported, than was found necessary for home consumption. At this period there was not a printer in the co- lony ; and consequently a great proportion of the laws were only in manuscript. The assembly had now desired the governor and council to procure a printer to settle in the colony ; and it was deter- mined to revise and print the laws. The council obtained Mr. Timothy Green, a descendant of Mr. Samuel Green of Cambridge in Massachusetts, th first printer in North America; and the assembly, for his encouragement, agreed that he should be printer to the governor and company, and that he should have 5(k, the salary of the deputy-governor, annually. He was to print the election sermons, the proclamations for fasts and thanksgivings, and such laws as were enacted at the several sessions of the assembly. In 1714, he arrived in Connecticut, and fixed his residence at New London ; and he and his descendants were for a great number of years, printers to the governor and company of Connecticut. It appears that one Thomas Short, a printer, had previously settled, though not officially, at New London about the year 1709 ; and that in 1710, he printed Saybrook Platform, and soon after died. In the period to which we have arrived, almost all the east side of Connecticut was settled. Ash- ford, Tolland, Stafford, Bolton, and two or three other towns have been settled in that part of the colony, and the greatest part of the county of Lich- field since ; but the settlement of the latter has been attended with little difficulty in comparison with what was experienced in the planting and defending of the former. ECCLESIASTICAL AFFAIRS OF CONNEC- TICUT, Jrom 1666 to 1714. The general assemo^y appoint a synod to determine points of religious controversy The ministers de- cline meeting under the name of a synod The as- sembly alter the name, and require them to meet as a general assembly of the ministers and churches of Connecticut Seventeen questions were proposed to the assembly to be discussed and answered The assembly of ministers and churches meet and discuss the questions The legislature declare that they had not been decided, and give intimations that they did not desire that the ministers and churches of Connec- ticut should report their opinion upon them They express their desires of a larger council from Massa- chusetts and New Plymouth The Rev. Mr, Daven- port removes to Boston Dissension at Windsor Mr. Bulkley and Mr. Fitch are appointed by the assembly to devise some way in which the churches might walk together, notwithstanding their different opinions relative to the subjects of baptism, church communion, and the mode of church discipline The church at Hartford divides, and Mr. Whiting and his adherents are allowed to practise upon congregational principles The church at Stratford allowed to divide, and hold distinct meetings Mr. Walker and his hearers, upon advice, remove and settle the town of Woodbury Deaths and characters of the Rev. Messrs. John Davenport and John Wdrham General attempts fora reformation of manners Religious state cf the colony in 1680 Attempts for the instruction and christianizing of the Indians in Connecticut Act of the legislature respecting Windsor The people there required peaceably to settle and support Mr. Mather 'Owning or subscribing the covenant introduced at Hartford College founded, and tiustees incorpo- rated-^ Worship according to the mode of the church of England performed, in this colony, first at Strat- ford Episcopal church gathered thei* Act of as- sembly requiring the ministers and churches of Con- necticut to meet and form a religious constitution They meet and compile the Saybrook Platform- 760 THE HISTORY OF AMERICA. Articles of discipline Act of the legislature adopt- ing the Platform Associations ; consociations Ge- neral association Its recommendations relative to the examination of candidates for the ministry, and of pastors elect previous to their ordination Minis- ters, churches, and ecclesiastical societies in Connec- ticut, in 1713. (1666.) Although the legislature of Connecticut, during the controversy respecting the union of the colonies, judged it expedient to transact nothing re- lative to the religious controversies then in the coun- try, yet, as soon as the union was well established, they entered seriously upon measures to bring them to a final issue; and, for this purpose, they passed the following act : " This court doth conclude, to consider of some way or means to bring those ecclesiastical matters, that are in difference in the several plantations, to an issue, by stating some suitable accommodation and expedient thereunto. And do therefore order, that a synod be called to consider and debate those matters; and that the questions presented to the elders and ministers that are called to this synod, shall be publicly disputed to an issue. And this court doth confer power to this synod, being met and constituted, to order and methodize the dispu- tation, so as may most conduce, in their apprehen- sion, to attain a regular issue of their debates." The court ordered that all the preaching elders, or ministers, who were or should be settled in this colony, at the time appointed for the meeting of the synod, should be sent to, to attend as members of it : and it was also ordered, that Mr. Mitchell, Mr. Brown, Mr. Sherman, and Mr. Glover, of Massa- chusetts, should be invited to assist as members of the synod ; that upon the meeting of a majority of the preaching elders in the colony, they should pro- ceed as a synod ; and that the questions proposed by this assembly, should be the questions to be dis- puted. The meeting of the synod was appointed on the third Wednesday in May 1667; and the secretary was directed to transmit to all the ministers in this colony, and those invited from the Massachu- setts, a copy of this act of assembly, and of the questions to be disputed. It seems, that the ministers had objections to meeting as a synod, and to the order of the assem- bly vesting them with synodical powers ; and the legislature, to relieve this difficulty, in their May session, judged it expedient to alter the name of the council, and to call it an assembly of the ministers of Connecticut, called together by the general court, for the discussing the questions stated, according to their former order. The assembly of ministers convened at the time appointed, and having conversed on the questions, and voted not to dispute them publicly, adjourned until the autumn, determining then to meet again, and make their report, should it be the desire of the legislature. The questions were the same which had been exhibited ten years before, and have al- ready been given. The churches continued in their former strict method of admitting members to their communion, and maintained their right to choose their ministers, without any control from the towns or parishes of which they were a part ; and it does not appear, that one church in the colony had yet consented to the baptism of children, upon their parents owning the covenant, as it was then called ; and it Was insisted, as necessary to the baptism of children, that one of the parents, at least, should be a member in full communion with the church, and in regular standing. It seems, that the assembly's particularly inviting the gentlemen from the Massachusetts, in their name, to attend the general assembly of ministers and churches, was to enlighten and soften the minds of the ministers of Connecticut in those points, and to obtain a majority in the assembly for a less rigid mode of proceeding. Mr. Mitchell was the most powerful disputant of his day, in New England, in favour of the baptism of children, upon their parents owning the covenant, though they neglected to obey and honour Christ, in attending the sacrament o'f the Lord's Supper. It appeared, however, that this party were not able to carry any point in the as- sembly, and that the questions were not likely to be determined according to the wishes of the majority of the legislature ; and measures were therefore adopted to prevent the meeting and result of the as- sembly, at their adjournment in the autumn. In September, the commissioners of the united colonies met at Hartford, and they interposed in the affair; and resolved, " That when questions of public concernment, about matters of faith and order, do arise in any colony, that the decision thereof should be referred to a synod, or council of messengers of churches, indifferently called out of the united colonies, by an orderly agreement of all the general courts ; and that the place of meeting be at or near Boston," which vote was, doubtless, obtained by the art of those gentlemen, among the civilians and ministers, who wished to prevent the meeting of the assembly of ministers, and their re- sulting upon the questions. The reverend elders, Warham, Hooker, and Whi- ting, in a writing under their hands, represented to the assembly, at their session in October, that it was the desire of the assembly of ministers, that there might be a more general meeting of ministers from Massachusetts, to assist in the consideration and de- cision of the questions proposed; and it was also represented to the assembly, that though they and others were for disputing the questions publicly, and offered to do it, yet the major part of the assembly refused the offer. The Rev. Mr. Bulkley and Mr. Haynes, on the other hand, in a letter addressed by them to the as- sembly, represented that the assembly had autho- rized a major part of the ministers to methodize the proceedings of the assembly, and that a majority were against a public disputation of the questions : that it was considered it would dishonour God, dis- serve the peace and edification of the churches, and the general interests of religion; and it was judged most expedient to deliberate upon and decide the questions among themselves, as was usual in coun- cils, without a public disputation. They therefore observed, that whatever offers were made them to dispute the questions publicly, they could not con- sisiently do it. as it was contrary to a major vote of the assembly of the ministers, and, in their opinion, would prejudice the interest of the churches. With respect to the present application, made by Messrs. Warham, Hooker, and Whiting, they observed, that it appeared strange to them, as a considerable number of the ministers were positively against it, and others were neuter, and not in the vote for a more general council; and that it was the vote of the assembly of ministers, to meet again on the third Wednesday in October. They assured the legisla- ture, that they were ready and determined to obey all their lawful commands ; and they desired infor- UNITED STATES. 761 mation from them, whether the assembly of minis- ters should meet again, according to adjourn- ment, or not ? The general assembly voted, that the questions had not been decided, and desired the several churches and plantations in the colony to send their teaching elders, at their own expense, to sit in council, with such of the elders of Massachu- setts and Plymouth as should be appointed, to con- sider and determine the points in controversy. The assembly desired, that the general court of Massa- chusetts might be certified of the affair, and would appoint time and place for the meeting of a synod, if they should judge it expedient Whether the assembly really wished to have a general council, or whether this was only a matter of policy to prevent a determination of the questions contrary to their wishes, is not certain. No general council, however, was called; nor does it appear that any motion was made afterwards for that pur- pose ; and indeed the legislature seem to have felt a conviction, that the clergy and churches would not give up their private opinions, in faith and prac- tice, to the decisions of councils ; that honest men would often think differently, and that they could not be convinced and made of one mind by disputing ; and no further attempts were ever made by them, to bring those points to a public discussion. While these affairs were transacting in Connecti- cut, a remarkable transaction took place in the first church at Boston, the most considerable church in New England. Their pastor, the Rev. Mr. Wilson, was one of the synod in 1662, and one who had adopted its determinations relative to the subjects of baptism. His church also appeared to have consented to the practice of admitting persons to own their covenant, and bring their children to baptism ; but, nevertheless, after Mr. Wilson's de- cease, they elected the Rev. Mr. Davenport, of New Haven, for their pastor. He had publicly written against the synod, and was one of the most strict and rigid ministers, with respect to the admission of members to full communion, the subjects of bap- tism, and with respect to church discipline in New England. He had now arrived nearly to 70 years of age, yet, in J667, upon the application of the church and congregation at Boston, he accepted their invitation, and the next year removed to that capital. He bad been about 30 years minister at New Haven, and was greatly esteemed and beloved by his flock ; and this circumstance, with his advanced period of life, made his removal very remarkable. His church and people were exceedingly unwilling that he should leave them, and, it seems, never formally gave their consent : and the result, on the whole, was unfortunate. It occasioned a separation from the first church in Boston ; and the church and con- gregation at New Haven, for many years, remained in an unsettled state, unable to unite in the choice of any person to take the pastoral charge of them. The town of Windsor had, for many years, been almost in perpetual controversy, relative to the set- tlement of a minister ; and after Mr. Warham be- came advanced in years he wished for a colleague, to assist him in ministerial labours. Various young gentlemen were invited to preach in the town ; but this occasioned a violent controversy on each election ; and it appears that their passions were so inflamed, that, occasionally at of tKeir meet- ings, their language and deportment were unbro- therly and irritating. One Mr. Chauncey was preaching in the town, and parties were warmly en- gaged for and against him ; when the general as- sembly enacted, " That all the freemen and house- holders in Windsor and Massacoe should meet at the meeting-house, on Monday morning next, (Oc- tober 10th, 1667,) by sun an hour high, and bmi in their votes for a minister to Mr. Henry Wolcott : that those who were for Mr. Chauncey to be the settled minister of Windsor, bring in a written pa- per, and those who were not for him, to give in a paper without any writing upon it : that the inha- bitants, during the meeting, forbear all discourse and agitation of any matter, which may serve to provoke and disturb each other's spirits, and when the meeting is over return to their several occasions." Mr. Wolcott reported to the assembly the state of the town, that there were 86 votes for Mr. Chaun- cey, and 55 against him ; and the assembly, upon the petition of the minor party, and a full view of the state of the town, gave them liberty to settle an orthodox minister among themselves, and to the church and majority of the town to settle Mr. Chauncey, if they judged it expedient; and it was enacted, that the minority should pay Mr. Chauncey until they should obtain another minister to preach, and reside in the town. Mr. Chauncey was not finally ordained, but the affair was carried so far, that a separation was soon after made in*the church, and a distinct church was formed by the minority ; and the town continued in. this divided state for about sixteen years. (1668.) The legislature, having given over all further attempts to compose the divisions in the co- lony, by public disputations and the decisions of general councils, determined to pursue a different course. They conceived the design of uniting the churches in some general plan of church commu- nion and discipline, by which they might walk, not- withstanding their different sentiments, in points of less importance ; and, with this view, an act passed, authorizing the Rev. Messrs. James Fitch, Gershom Bulkley, Joseph Elliot, and Samuel Wakeman, to meet at Saybrook, and devise by what means this de- sirable purpose might be effected. This appears to have been the first step towards forming a religious constitution; and from this time it became more and more a general object of desire and pursuit, though many years elapsed before it was accom- plished. Notwithstanding the divisions in the church at Hartford, some years since, had been so far com- posed and healed, that it had been kept together until this time, yet there were various sentiments among the brethren and between the ministers, re- lative to the qualifications of church members, the subjects of baptism, and the mode of discipline. Mr. Whiting, and part of the church, were zealous for the strictly congregational way, as it has been called, practised by the ministers and churches, at their first coming into New England; and Mr. Haynes and a majority of the congregation were not less engaged against it. The difference became so great, that it was judged expedient, both by an ecclesiastical council and the assembly, that the church and town should be divided ; and an eccle- siastical council having first advised to a division, the general assembly, in October 1669, passed the following act: " Upon the petition presented by Joseph Whi- ting, &c. to this court, for a distinct walking in con- gregational church order, as hath been settled ac- cording to the council of the elders, the court doth commend it to the church at Hartford to take some effectual course, that Mr. Whiting, &c. may prac- 762 THE HISTORY OF AMERICA. tise the congregational way, without disturbance, either from preaching or practice, diversely to their just offence; or else to grant their loving consent to their brethren to walk distinct, according to such their congregational principles ; which this court allows liberty in Hartford to be done. But if both these be refused and neglected by the church, then these brethren may, in any regular way, relieve themselves without offence to this court." And the following February (1670), Mr. Whi- ting and his adherents resolved and covenanted in the manner following, and formed the second church in Hartford. " Having had the consent and countenance of the general court, and the advice of an ecclesiasti- cal council to encourage us in embodying as a church by ourselves, accordingly upon the day of comple- ting our distinct state (viz. February 12th, 1669-70), this paper was read before the messengers of the churches, and consented to by ourselves : viz. " The holy providence of the Most High so dis- posing, that public opposition and disturbance hath, of late years, been given, both by preaching and practice, to the congregational way of church order, by all manner of orderly establishments settled, and for a long time unanimously approved, and peaceably practised in this place, all endeavours also (both among ourselves and from abroad) with due patience therein, proving fruitless and unsuc- cessful to the removing of that disturbance; We, whose names are after mentioned, being advised by a council of the neighbouring churches, and allowed also by the honourable general court, to dispose ourselves into a capacity of distinct walking, in order to a peaceable and edifying enjoyment of all God's holy ordinances, Do declare, that according to the light we have hitherto received, the fore-men- tioned congregational way (for the substance of it) as formerly settled, professed and practised, under the guidance of the first leaders of this church of Hartford, is the way of Christ ; and that as such we are bound in duty carefully to observe and attend it, until such further light (about any particular points of it) shall appear to us from the Scripture, as may lea'd us, with joint or general satisfaction, to be otherwise persuaded. Some main heads or prin- ciples of which congregational way of church order are those that follow: viz. 1. " That visible saints are the only fit matter, and confederation the only form of a visible church. 2. " That a competent number of visible saints, (with their seed) embodied by a particular cove- nant, are a true, distinct, and entire church of Christ. " 3. That such a particular church, being orga- nized, or having furnished itself with those officers which Christ hath appointed, hath all power and privileges of a church belonging to it. " In special, " 1. To admit or receive members. " 2. To deal with, and if need be, reject offenders. " 3. To administer and enjoy all other ecclesias- tical ordinances within itself. " 4. That the power of guidance, or leading, be- longs only to the eldership, and the power of judg- ment, consent, or privilege, belongs to the fraternity, or brethren in full communion. " 5. That communion is carefully to be main- tained between the churches of Christ according to his order. " 6. That counsel, in cases of difficulty, is to be sought and submitted to accordiasr to God." Having made this declaration, the brethren pro ceeded to covenant in the following manner : " Since it hath pleased God, in his infinite mercy, to manifest himself willing to take unworthy sinners near unto himself, even into covenant relation to and interest in him, to become a God to them, and avouch them to be his people, and accordingly to command and encourage them to give up themselves and their children also to him; " We do, therefore, this day, in the presence of God, his holy angels, and this assembly, avouch the Lord Jehovah, the true and living God, even God the Father, the Son, and the Holy Ghost, to be our God, and give up ourselves and ours also unto him, to be his subjects and servants; promising through grace and strength in Christ, (without whom we can do nothing,) to walk in professed subjection to him as our Lord and Lawgiver, yielding universal obe- dience to his blessed will, according to what disco- veries he hath made, or shall hereafter make, of the same to us ; in special, that we will seek him in all his holy ordinances, according to the rules of the Gospel, submitting to his government in this parti- cular church, and walking together therein, with all brotherly love and mutual watchfulness, to the build- ing up of one another in faith and love unto his praise. All which we promise to perform, the Lord helping us, through his grace in Jesus Christ." Nearly at the same time, when the contention! commenced in the church at Hartford, the people at Stratford fell into the same unhappy state of con- troversy and division. During the administrations of Mr. Blackman, their first pastor, the church and town enjoyed great peace, and conducted their ec- clesiastical affairs with great unanimity. However, he was far advanced in years, and about the year 1663 became very infirm, and unable to perform his ministerial labours ; and the church therefore ap- plied to Mr. Israel Chauncey, son of the president, Charles Chauncey, of Cambridge, to make them a visit and preach among them; and a majority of the church and town chose him for their pastor, and in 1665 he was ordained; but a large and re- spectable part of the church and town were opposed to his ordination. To reconcile them, it was agreed, that if, after hearing Mr. Chauncey a certain time, they should continue dissatisfied with his ministry, they should have liberty to call and settle another minister, and have the same privileges in the meet ing-house as the other party. Accordingly, after hearing Mr. Chauncey the time agreed upon, and not being satisfied with his ministerial conduct, they invited Mr. Zechariah Walker to preach to them, and finally chose him for their pastor. He was or- dained to the pastoral office in a regular manner, by the Rev. Mr. Haynes and Mr. Whiting, the minis- ters of Hartford, some time about the year 1667, or 1668; and both ministers performed public worship in the same house. Mr. Chauncey performed his services at the usual hours, and Mr. Walker was allowed two hours in the middle of the day ; but after some time, it so happened that Mr. Walker con- tinued his service longer than usual; and Mr. Chauncey and his people coming to the house, and finding that Mr. Walker's exercises were not finished, retired to a private house, and there per- formed their afternoon devotions. They were, however, so much displeased, that the next day they went over to Fairfield, and exhibited a com- plaint to Major Gould, one of the magistrates, against Mr. Walker. The major, upon hearing the whole case, advised pacific measures, aud that Mr UNITED STATES. 763 Walker should be allowed three hours for the time o his public exercises. In May 1669, the general assembly advised the town to grant Mr. Walker full three hours for his exercises, until the next assembly in October ; am in the mean time, the parties were directed to cal an able council to give them advice and assistance and if possible to reconcile them. All attempts for a reconcilation, however, were unsuccessful ; and both parties became more fixed in their opposition to each other, and their feelings and conduct more anc more unbrotherly ; till at length Mr. Chauncey anc the majority excluded Mr. Walker and his hearers themeeting-ho:;s>, and they convened and worshippec in a private dwelling. Governor Winthrop, disturbed by the controversy and animosities subsisting in the town, advised that Mr. Walker and his church and people should re- move, and that a tract of land, for the settlement ol a new township, should be granted for their encou- ragement and accommodation ; and Mr. John Sher- man, Mr. William Curtiss, and their associates, were authorized to begin a plantation at Pomperaug. Consequently, Mr. Walker and his people removed and settled the town of Woodbury, about the years 1673 and 1674. The tradition is, that Mr. Walker and his church were not so independent, in their principles, as the church of Stratford ; and that Mr. Walker was a more experimental preacher than Mr. Chauncey. Mr. Chauncey was learned and judicious ; and they both ultimately became sensible that their conduct towards each other, during the controversy at Strat- ford, had not in all instances been brotherly, and after some time, made concessions to each other, and became perfectly reconciled. During these transactions, those venerable fathers, who had been singularly instrumental in planting the churches of Connecticut and New England, the Rev. John Davenport, and the Rev. John Warham, finished their course. Mr. Davenport died at Boston, of an apoplexy, March 15th, 1670, in the 73d year of his age. He was born in England, in the city of Coventry, in Warwickshire, 1597. His father was mayor of the city ; and at fourteen years of age, he was said to be very religiously affected, and was admitted into Brazen Nose-college, Oxford. When he was nineteen, he became a constant preacher in the City of London ; and appears from his early life to have been a man of public spirit, planning and attempting to serve the general welfare of the church. About the year 1626, he united with Dr. Gouge, Dr. Sibs, and Mr. Offspring, the lord mayor of London, the king's sergeant-at-law, and with several other attorneys and citizens, in a design of purchasing impropriations, and with the profits of them, to maintain a constant, able, and laborious ministry, in those parts of the kingdom where the poor people were destitute of " the word and ordi- nances ;" and such incredible progress was made in this charitable design, that all the church-lands, in the hands of laymen, would have been soon honestly recovered to the immediate service of the reformed religion ; had not Laud, viewing the undertaking with a jealous eye, lest it might serve the cause of non-conformity, caused a bill to be exhibited in the exchequer chamber, by the king's attorney-general, against the feoffees, who had the management of the affair ; and by this means, an act of court was procured, condemning the proceedings, as danger- ous to the church and state. The feoffments and contrivances made to the charitable design, were declared to be illegal, the company was dissolved, and the money was confiscated to the use of his ma- jesty. But as the affair met with general approba- tion, and multitudes of devout people extremely resented the conduct of the court, the crime was never prosecuted. Laud, however, watched Mr. Davenport with a jealous eye, and as he soon after discovered inclinations to non-conformity, he marked him out as an object of his vengeance. Mr. Daven- port, therefore, to avoid the storm, by the consent of his people, resigned his pastoral charge in Cole- man-street ; hoping by this means to enjoy a quiet life; but he found his expectations sadly disap- pointed ; for he was so constantly harassed by one busy and furious pursuivant after another, that he was obliged to leave the kingdom and retire into Holland ; and in 1 633, he arrived at Amsterdam, and at the desire of the people, who met him on his way, became colleague pastor with the aged Mr. Pa- get. After about two years, thinking that he could not conscientiously administer baptism in the loose way, to all sorts of children, practised in the Dutch churches, he desisted from his ministry at Amster- dam. While he was in this, city, he received letters from Mr. Cotton, at Boston, acquainting him, that the order of the churches and common- wealth was then so settled in New England, by com- mon consent, " that it brought into his mind the new heaven and the new earth, wherein dwelleth righteousness." He therefore returned to London, and having shipped himself with a number of pious people, came into New England; where he was a preacher of the Gospel about 54 years, nearly 30 of which were spent at New Haven. He is charac- terized as a hard student and universal scholar ; as laborious, prudent, exemplary, minister; as an excellent preacher, speaking with a gravity, energy, and agreeableness, of which few of his brethren were capable. The Rev. John Warham survived Mr. Davenport )ut a short time. He expired on the 1st of April, [670; having been for about 40 years a minister in England ; six at Dorchester, and 34 at Wind- sor. He was distinguished for piety and the strictest morals ; yet at times was subject to great gloomi- ness and religious melancholy ; and such were his apprehensions at some times, that when he adminis- ,ered the Lord's supper to his brethren, he did not participate with them, fearing, as he said, " that the seals of the covenant did not belong to him." It is said he was the first minister in New England who used notes in preaching ; yet he was applauded by lis bearers, as one of the most animated and ener- ;etic preachers of his day; and was considered as ne of the principal fathers and pillars of the churches of Connecticut. (1676.) After the close of the war with Philip and the Narraganset Indians, the general assembly ecommended it to the ministers through the colony, ' to take special pains to instruct the people in the duties of religion, and to stir up and awaken them to repentance, and a general reformation of manners.'* They also appointed a day of solemn fasting and >ray'er, to supplicate the Divine aid, that they might )e enabled to repent, and sincerely amend their ways ; and the same measures were recommended at the May session the next year, and the people were called " to humiliation and prayer, under a deep sense of the abounding of sin and the dark ispects of Providence." The general court, about three years after, for he more effectual preservation and propagation 764 HISTORY OF AMERICA. of religion to posterity, recommended it to the mi- nistry of this colony upon the Lord's-day, to cate- chise" all the youth in their respective congregations, under twenty years of age, in the assembly of divines, or some other orthodox catechism; and to continue and increase unity in religious sentiments among the people, and that they might have the advan- tage of participating in the variety of ministerial gifts, it was also recommended to the ministers, to attend a weekly lecture in each county, on Wednes- day, in such manner as they should judge most subservient to these purposes. The religious state of the colony at this time, is stated in an answer to the queries of the lords of trade and plantations, to the following effect: " Our people in this colony are some of them strict congregational men, others more large congre- gational men, and some moderate presbyterians. The congregational men of both sorts, are the great- est part of the people in the colony. There are four or five seventh-day men, and about so many more quakers. " Great care is taken for the instruction of the people in the Christian religion, by ministers cate- chising of them, and preaching to them twice every Sabbath-day, and sometimes on lecture days; and by masters of families instructing and catechising their children and servants, which they are required to do by law. In our corporation are 26 towns, and 21 churches. There is in every town in the colony a settled minister, except in two towns newly begun." In some towns there were two ministers; so that there w r ere, on the whole, then about the same number of ministers as of towns ; and there was about one minister upon an average, to every 460 persons, or to about 90 families. While settlements and churches were forming in various parts of the colony, and the English inha- bitants were providing for their own instruction, some n^ains were taken to instruct and christianize the Connecticut Indians ; and a law was made, obliging those under the protection of the govern- ment to keep the Christian Sabbath. The Rev. Mr. Fitch was particularly desired to teach Uncas and his family Christianity ; and a large Bible, printed in the Indian language, was provided and given to the Moheagan sachems, that they might read the Scriptures. When the council of ministers met at Hartford in 1657, the famous Mr. Elliot, hearing of the Podunk Indians, desired that the tribe might be assembled, that he might " have an opportunity of offering Christ to them for their Saviour." By the influence of some principal gentlemen, they were persuaded to come together at Hartford, and Mr. Elliot preached to them in their own lan- guage, and laboured to instruct them concerning their Creator and Redeemer. When he had finished his sermon, and explained the matter to them, he desired an answer from them, whether they would accept of Jesus Christ for their Saviour, as he had been offered to them ? But their chief men, with great scorn and resentment, utterly refused ; and said the English had taken away their lands, and Were attempting now to make them servants. Mr. Stone and Mr. Newton, before this time, had both been employed at the desire of the colony, to teach the Indians in Hartford, Windsor, Farming- ton, and that vicinity ; and one John Minor was employed as an interpreter, and was taken into Mr. Stone's family, that he might be further instructed and prepared for that service. Catechisms were prepared by Mr. Elliot and others, in the Indian anguage, and spread among the Indians ; and the lev. Mr. Pierson, it seems, learned the Indian lan- guage, and preached to the Connecticut Indians. A :onsiderable sum was allowed him by the commis- ioners of the united colonies ; and a sum was also granted by them, for the instruction of the Indians n the county of New Haven. The ministers of the .several towns where Indians lived, instructed them as they had opportunity ; but all attempts for chris- tianizing the Indians in Connecticut were attended with little success ; they were engaged a great part if their time in such implacable wars among them- elves, were so totally ignorant of letters and the Snglish language, and the English ministers in general were so entirely ignorant of their dialect, hat it was extremely difficult to teach them. Not 3ne Indian church was ever gathered by the En- jlish ministers in Connecticut; but several Indians, lowever, in one town and another, became Chris- ians, and were baptized and admitted to full com- munion in the English churches. Some few were admitted into the church at Farmington, and some nto the church at Derby ; and one of the sachems )f the Indians at Naugatuck Falls, was a member )f the church at Derby, and it has been said that he was a sober, well-conducted man. Some few of the Moheagans have professed Christianity, and been many years since admitted to full communion in the north church in New London. There was an Indian school formerly kept at Far- mington, at the expense of the socioty for propaga- ting Christian knowledge among the Indians ; and the number of Indian scholars was sometimes fifteen or sixteen. The Gospel, however, had by far the most happy effect upon the Quinibaug, or Plainfield Indians, of any in Connecticut. They ever lived peaceably with the English, and about the year 1745, in the time of the great awakening and reformation in New En- gland, they became greatly affected with the truths of the Gospel, professed Christianity, and gave the strongest evidence of a real conversion. They were entirely reformed as to their manner of living ; and became temperate, which it had before been found utterly impossible to effect by any other means; they held religious meetings, and numbers of them formed into church state, and had the sacraments administered to them. Upon the assembly's granting liberty to the minor party in Windsor to call and settle an orthodox mi- nister, they immediately called one Mr. Woodbridge to preach among them; who with Mr. Chauncey continued to preach, one to one party, and the other to the other, from 1667 to 1680. Several councils had been called to advise and unite the parties, but it seems none had judged it expedient to ordain either of the gentlemen ; 'but after a separation of about ten years, a council advised, that both minis- ters should leave the town, and that the churches and parties should unite, and call and settle one minister over the whole. As the parties did not submit to this advice, it seems that another council was called three years afterwards, May 1660, which gave the same advice, but the parties did not com- ply ; and the general assembly (Oct. 14, 1680,; therefore interposed aud passed the following act: " This court having considered the petition of some of the Windsor people, and the sorrowful condi- tion of the good people there, and finding, that notwithstanding all means of healing afforded them, they do remain in a bleeding state and condition, do find it necessarv for this court to exert their UNITED STATES. 765 authority towards issuing or putting a stop to the present troubles there; and this court do hereby declare, that they find all the good people of Wind- sor obliged to stand to, and rest satisfied with the advice and issue of the council they chose to hear and issue their matters; which advice being given, and now presented to the court, dated January 1677, this court doth confirm the same, and order that there be a seasonable uniting of the second society in Windsor with the first, according to order of council, by an orderly preparation for their admis- siou; and if there be objection against the life or knowledge of any, then it be according to the coun- cil's advice heard and issued by Mr. Hooker and the other moderator's successor; and that both the former ministers be released : and that the com- mittee appointed to seek out for a minister, with the advice of the church and town collectively, by their major vote, do vigorously pursue the procuring of an able, orthodox minister, qualified according to the advice of the governor and council, and ministers, May last ; and all the good people of Windsor are hereby required to be aiding and assisting therein, and not in the least to oppose and hinder the same, as they will answer the contrary at their peril." In consequence of this act, Mr. Samuel Mather was invited to preach to the people, and about two years after was ordained to the pastoral office over the whole town ; and the two parties were generally united in him, and to complete the union of the town and churches, the assembly enacted, " That the people at Windsor should quietly settle Mr. Mather, and communicate to his support: that such as, on examination, should satisfy Mr. Mather of their experimental knowledge, should, upon pro- per testimony of their good conversation, be admit- ted on their return from the second church." Notwithstanding the result of the synod in 1662, and the various attempts which had been made to introduce the practice of what has been generally termed " owning the covenant," it does not appear to have obtained in the churches of this colony until the year 1696; when it appears first to have been introduced by Mr. Woodbridge, at Hartford. The covenant proposed, bearing date, February 1696, is as follows : " We do solemnly, in the presence of God and this congregation, avouch God, in Jesus Christ, to be our God, one God, in three persons, the Father, the Son, and the Holy Ghost; and that we are by nature children of wrath, and that our hope of mercy with God is only through the righteousness of Jesus Christ, apprehended by faith; and we do freely give up ourselves to the Lord, to walk in com- munion with him, in the ordinances appointed in his holy word, and to yield obedience to all his commandments, and submit to his government. And whereas, to the great dishonour of God, scan- dal of religion, and hazard of the damnation of many souls, drunkenness and uncleanness are pre- vailing amongst us, we do solemnly engage before God, this day, through his grace, faithfully and con- scientiously to strive against these evils, and the temptations leading thereunto." Sixty-nine persons, male and female, subscribed this in February ; on the 8th of March, in a fort- night after, 83 more subscribed; and in about a month, the number of subscribers amounted to 192 ; which appears to have been nearly the whole body of young people in that congregation. The same practice was, about the same time, or not many years after, introduced into the other church, and the practice of owning the covenant by people, and offering their children to baptism, was gradually introduced into other churches. The practice of the ministers and churches at Hartford, in some respects, was different from that in the others. The ministers, Mr. Woodbridge and Mr. Buckingham, with their deacons, went round among the young people and warned them, once every year, to come and publicly subscribe, or own the covenant; and when such persons as had owned or subscribed it came into family state, they pre- sented their children to baptism, though they made no other profession of religion, and neglected Uie sacrament of the Lord's supper, and other duties peculiar to members in full communion. In other churches the covenant was owned by persons some- times before marriage, but more generally not until they became parents, and wished to have baptism administered to their children. The practice of making a relation of Christian experiences, and of admitting none to full commu- nion, but such as appeared to be Christians indeed, yet prevailed ; and the number of church members, in full communion, was generally small ; and in those churches where the owning of' the covenant was not practised, great numbers of children were unbaptized. While the inhabitants and churches in Connecti- cut were constantly increasing, and the calls for a learned ministry to supply the churches became more and more urgent, a number of the ministers conceived the purpose of founding a college in Con- necticut; that by this means they might educate young men, from among themselves, for the sacred ministry, and for various departments in civil life, and diffuse literature and piety more generally among the people. The clergy, and people in ge- neral, by long experience, found the great inconve- nience of educating their sons at so great a distance as Cambridge, and in carrying so much money out of the colony ; and began to be aware that a well founded college might not only serve the interests of the churches in this government, but in the neighbouring colonies, where there were no colleges erected ; and not only prevent a large sum of money annually from being carried abroad, but bring some- thing considerable into it, from the extensive coun- try around them. The design was first concerted in 1698, by the Rev. Messrs. Pierpont of New Haven, Andrew of Milford, and Russell of Branford; who were the principal persons iu carrying the affair into imme- diate execution. The following ten of the principal ministers in the colony were nominated as trustees, to found, erect, and govern a college : the Reverend Messrs. James Noyes of Stonington, Israel Chaun- cey of Stratford, Thomas Buckingham of Saybrook, Abraham Pierson of Killingworth, Samuel Mather of Windsor, Samuel Andrew of Milford, Timothy Woodbridge of Hartford, James Pierpont of New Haven, Noadiah Russell of Middletown, and Joseph Webb of Fairfield. In 1700 these gentlemen assembled at New Ha- ven, and formed themselves into a body or society, to consist of eleven ministers, including a rector, and determined to found a college in the colony of Connecticut; and they had another meeting the same year, at Branford, and then founded the uni- versity of Yale-college. Each gentleman gave a number of books, and laying them upon a table, pronounced words to this effect: " I give these books for the founding of a college in this colony;" and the trustees took possession of them, and an 766 THE HISTORY OF AMERICA pointed Mr. Russell of Branford to be keeper of their library. About 40 volumes in folio were thus given. Various other donations, both of books and money, were soo-n after made, by which a good foundation was laid for a public seminary ; but doubts arising whether the trustees were vested with a legal capa- city for the holding of lands, and whether private donations and contributions would be sufficient to effect the great design which they had in view, it was, upon mature deliberation, determined to make application to the legislature for a charter of incor- poration. The draught of which was made by the honourable Judge Sewall, and Mr. Secretary Ad- dington of Boston ; and it was presented to the ge- neral assembly with a petition signed by a large number of ministers and other principal characters in the colony, representing, " That from a sincere regard to, and zeal for, upholding the Protestant re- ligion, by a succession of learned and orthodox men, they had proposed that a collegiate school should be erected in this colony, wherein youth should be instructed in all parts of learning, to qualify them for public employments in church and civil state ; and that they had nominated ten ministers to be trustees, partners or undertakers, for the founding, endowing, and ordering the said school." The gentlemen were particularly named, and it was de- sired that full liberty and privilege might be granted to them for that end. To facilitate the design, the honourable James Fitch, Esq. of Norwich, one of the council, before the petition was heard, made a formal donation tinder his hand, stating, " the great pains and charge the ministers had been at in setting up a collegiate school; and therefore to encourage a work so pleasing to God, and beneficial to posterity, he gave a tract of land, in Killingly, of about 600 acres; and all the glass and nails which should be necessary to build a college-house and hall." The general assembly, at their session in October 1701, incorporated the trustees nominated, granting them a charter, and vesting them with all powers and privileges necessary for the government of a college, the holding of lands, and the employment of all money and estates which might be given for the benefit of the college ; and the charter ordained that the corporation should consist of ministers only, and that none should be chosen trustees under the age of 40 years; and their number was not, at any time, to exceed eleven, nor be less than seven. The assembly made them an annual grant of 120/. equal to about 60/. sterling. The trustees, animated with their charter privi- leges, and the countenance of the legislature, met the next November, at Saybrook, and chose the Rev. Abraham Pierson of Killingworth, rector of the college, and the Rev. Samuel Russell was chosen a trustee, to complete the number of the cor- poration. They also made rules for the general government and instruction of the collegiate school ; amongst which it was ordered, " That the rector take special care, as of ihe moral behaviour of the students at all times, so, with industry, to instruct and ground them well in theoretical divinity; and to that end, shall neither by himself, nor by any other person whomsoever, allow them to be in- structed in any other system or synopsis of divinity, than such as the trustees do order and appoint: but shall take effectual care, that said students be weekly (at such seasons as he shall see cause to appoint) caused memoriter to recite the assembly's catechism in Latin, and Dr. Ames's Theological Theses, of which, as also Ames's Cases of Conscience, he shall make, or cause to be made, from time to time, such explanations as may, through the blessing of God, be most conducive to their establishment in the principles of the Christian Protestant religion. ' The rector shall also cause the Scriptures daily, except on the Sabbath, morning, and evening, to be read by the students at the times of prayer in the school, according to the laudable order and usage of Harvard-college, making expositions upon the same; and upon the Sabbath shall expound prac- tical theology, or cause the non-graduated stu- dents to repeat sermons : and in all other ways, ac- cording to the best of his discretion, shall, at all times, studiously endeavour, in the education of the students, to promote the power and purity of reli- ion, and the best edification of these New Eng- land churches. ' At this meeting it was debated whore to fix the college ; and although the trustees were not fully sa- tisfied or agreed on the most convenient place, yet they fixed- upon Saybrook, until, upon further con- sideration, they should have sufficient reason to alter their opinion. They desired the rector to remove himself and family to Saybrook ; and until that could be effected, they ordered that the scholars should be instructed, at or near the rector's house, in Killingworth. The corporation made various attempts to remove the rector to Saybrook, but his people were entirely opposed to it, and such other impediments were in the way, that it was not ef- fected; and the students continued at Killingworth during his life ; and the library, consequently, was removed from Branford, to the "rector's house. The ministers had been several years in effecting their plan, and a number of young men had been preparing for college, under the instructions of seve- ral of the trustees ; and as soon as the college be- came furnished with a rector and tutor, eight of them were admitted, and put into different classes, according to the proficiency which they had re- spectively made ; some of whom, in a year or two, became qualified for a degree. The first commencement was at Saybrook. Sep- tember 13th, 1702. The following gentlemen ap- pear, at this time, to have received the degree of master of arts, Stephen Buckingham, Salmon Treat, Joseph Coit, Joseph Moss, Nathaniel Chauncey, and Joseph Morgan ; four of whom had previously graduated at Cambridge. They all became minis- ters of the Gospel, and three of them, Mr. Bucking- ham, Mr. Moss, and Mr. Chauncey, were afterwards fellows of the college. To avoid charge and other inconveniences, for some years at first, the commencements were pri- vate; and Mr. Nathaniel Lynde, of Saybrook, ge- nerously gave a house and land for the use of the college, so long as it should be continued in that town. For the further encouragement and accom- modation, in 1703, there was a general contribution through the colony, to build a college-house at Say- brook, or any other place wherever it should finally be judged most convenient to fix the college. During the term of about 70 years from the set- tlement of Connecticut, the congregational had been the only mode of worship in the colony; but the society for propagating the Gospel in foreign parts, in 1704, fixed the Rev. Mr. Muirson as a missionary at Rye. Some of the people at Stratford had been educated in the church of England mode of worship, and administering of the ordinances, UNITED STATES. 767 and others were not pleased with the rigid doctrines and discipline of the New England churches, and they made an earnest application to Mr. Muirson to make a visit at Stratford, and preach and baptize among them ; and accordingly in the year 1706, he came to Stratford, accompanied with Colonel Heath- cote, a gentleman zealously engaged in promoting the episcopal church. It appears that the ministers and people, in that and the adjacent towns, were alarmed at his coming, and took pains to prevent their neighbours and families from hearing him ; but the novelty and other circumstances brought together a considerable assembly ; and Mr. Muirson baptized 25 persons, principally adults. This was the first step towards introducing the church worship into this colony. In April 1707, he made another visit to Stratford ; when Colonel Heathcote accom- panied him as before ; and he preached at this time at Fairfield, as well as at Stratford; and in both towns baptized a number of children and adult per sons. Both the magistrates and ministers opposed the introduction of episcopacy, and advised the peo- ple not to attend the preaching of the church mis- sionaries ; but the opposition only increased the zeal of the church people ; and Mr. Muirson, after this, made several journeys to Connecticut, and itinerated among the people. But there was no missionary from the society fixed in Connecticut, until the year 1722, when Mr. Pigot was appointed missionary at Stratford. The churchmen at first, in that town, consisted of about fifteen families, among whom were a few husbandmen, but much the greatest number were tradesmen who had been born in England, and came and settled there ; some of whose neigh- bours joined them, so that Mr. Pig^ot had twenty com- municants, and about 150 hearers. In 1723, Christ- church in Stratford was founded, and the Rev. Mr. Johnson was appointed to succeed Mr. Pigot. The first plan of the college was very formal and minute, drawn in imitation of the ancient protestant colleges and universities in France. It was pro- posed that it should be erected by a general synod of the consociated churches of Connecticut; that it should be under the government of a president and ten trustees, seven of whom were to be a quorum ; and that the synod should have the nomination of the first president and trustees, and have a kind of general influence in all future elections, that the governors might be preserved in orthodox senti- ments. It was designed also, that the synod should agree upon a confession of faith, to which the pre- sident, trustees, and tutors should, upon their ap- pointment to office, be required to give their con- sent; and that the college should be called the school of the church ; and that the churches should contribute to its support. Though this plan was not formally pursued, yet at a meeting of the trustees at Guilford, March 17th, 1 703, they wrote a circular letter to the ministers, proposing " to have a general synod of all the churches in the colony of Connecticut, to give their joint consent to the confession of faith, after the ex- ample of the synod in Boston, in 1680 ;" and as this proposal was universally acceptable, the churches md ministers of the several counties met in a con- sociated council, and gave their assent to the West- minster and Savoy confessions of faith. It seems, that they also drew up certain rules of ecclesiastical union in discipline, as preparatory to a general synod which they had still in contemplation. The Cambridge platform, which for about 60 years had been the general plan of discipline and church fellowship in New England, made no pro- vision for the general meeting of ministers, or for their union in associations or in consociations, yet at an early period they had a general meeting, both in Connecticut and Massachusetts, and be^an to form into associations. Their annual meetings were at the times of the general election at Boston and Hartford; at which period they had handsome entertainment at the public expense. In these gene- ral meetings, they went into consultations respect- ing the general welfare of the churches, the sup- plying them with ministers, providing for their stated enjoyment of Divine ordinances, and the preservation of their peace and order. The general interests of literature were also consulted, and some- times measures were adopted to assist the poor and afflicted in particular instances of distress ; and also the civilizing and christianizing the Indians. The ministers of particular neighbourhoods, in various parts of the country, held frequent meetings for their mutual assistance, and to instruct and ad- vise the churches and people as circumstances re- quired ; and this was particularly the practice in Connecticut. The venerable Mr. Hooker was a great friend to the meeting and consociation of ministers anl churches, as a grand mean of promoting purity, union, and brotherly affection, among the ministers and churches ; and during his life the ministers in the vicinity of Hartford had frequent meetings at his house. About a week before his death, he ob- served with great earnestness, " We must agree upon constant meetings of ministers, and setile the consociation of churches, or else we are undone. "And soon after his decease, ministers in various parts of New England, and especially in Connecticut, began to establish constant meetings, or associations, in particular vicinities, and agreed on the business to be done, and the manner in which they would proceed. They did not, however, all adopt the same mode. Some of the meetings or associations fasted and prayed, and discussed questions of importance for mutual instruction and edification. A moderator was chosen to conduct the business of the meetings with order and decency, to receive all communica- tions which might be made from the churches, or other similar meetings, and to call the associated brethren together on particular emergencies. Some of the associations were very formal and particular in covenanting together, and in fixing the business which should be transacted by them. They covenanted to submit to the counsels, reproofs, and censures of the associated brotherhood ; and that they would not forsake the association, nor neg- lect the appointed meetings without sufficient reasons. They also engaged, that in the meetings they would debate questions immediately respecting themselves and their conduct : that they would hear and consi- der all cases proposed to them from neighbouring churches or individuals ; answer letters directed to them from particular churches or persons ; and dis- cuss any question which had been proposed at a preceding meeting. In some of these associations, it was agreed to meet statedly once in six weeks or two months ; and as the design was for their own mutual improvement and the advancement of Chris- tianity in general, the associations attended a lecture in the parishes in which they convened for the in- struction and edification of the people. In Connec- ticut, after the resolution of the assembly in 1680,. the ministers had county meetings every week. 768 THE HISTORY OF AMERICA. But th'ese associations and meetings were merely voluntary, countenanced by no ecclesiastical con- stitution, attended only by such ministers, in one place and another, as were willing to associate, and could bind none but themselves. The churches might advise with them if they chose it, or neglect it at pleasure. There was no regular way of intro- ducing candidates to the improvement of the churches, by the general consent either of them- selves or the elders ; and when they had finished their collegiate studies, if they imagined themselves qualified, and could find some friendly gentleman in the ministry to introduce them, they began to preach, without any examination or recommendation from any body of ministers or churches. If they studied with any particular minister after they had received the honours of college, that minister intro- duced them into the pulpit at pleasure, without the general consent and approbation of their brethren ; but many considered this to be too loose a practice, in a matter of such immense importance to the Divine honour, the reputation of the ministry, and the peace and edification of the churches ; and degrees at college were esteemed no sufficient evidence of men's piety, knowledge of theology, or ministerial gifts and qualifications. Besides, it was generally conceded, that the state of the churches was lamentable with respect to their general order, government, and discipline ; and that for the want of a more general and energetic government, many churches ran into confusion ; that councils were not sufficient to relieve the ag- grieved and restore peace ; and as there was no general rule for the calling of councils, council was called against council, and opposite results were given upon the same cases, to the injury of the authority of councils, and of religion. For the removal of these inconveniences, there were many in the New England churches, not only among the clergy, but other gentlemen of principal character, who earnestly wished for a nearer union among the churches ; and a great majority of the legislature and clergy in Connecticut were for the association of ministers, and the consociation of churches. The synod, in 1662, had given their opinion fully in favour of the consociation of churches; and the heads of agreement drawn up and assented to by the united ministers in England, called pres- byteriau and congregational, in 1692, had made their appearance in Connecticut; and, in general, were highly approved. The Vllth article of agree- ment, under the head of the ministry, makes ex- press provision for the regular introduction of can- didates for the ministry; and the united brethren say, " It is expedient, that they who enter on the work of preaching the Gospel, be not only qualified for the communion of saints; but also that, except in cases extraordinary, they give proof of their gifts and fitness for the said work, unto the pastors of the churches of known abilities, to discern and judge of their qualifications; that they may be sent forth with solemn approbation and prayer; which we judge needful, that no doubt may remain concern- ing their being called unto the work; and for pre- venting, as much as in us lieth, ignorant and rash intruders." And in these articles it is also agreed, " that in so great and weighty a matter, as the calling and choosing a pastor, we judge it ordina- rily requisite, that every such church consult and advise with the pastors of the neighbouring congre- gations." la this state of the churches, the legislature passed an act, at their session in May 1708, requiring the ministers and churches to meet and form an eccle- siastical constitution ; and the intentions and wishes of the assembly will, in the best manner, be dis- covered by their own act, which is in the words fol- lowing : " This assembly, from their own observation, and the complaint of many others, being made sensible of the defects of the discipline of the churches of this government, arising from the want of a more explicit asserting of the rules given for that end in the Holy Scriptures; from which would arise a permanent establishment among ourselves, a good and regular issue in cases subject to ecclesiastical discipline, glory to Christ, our head, and edification to his members ; hath seen fit to ordain and require, and it is by the authority of the same ordained and required, that the ministers of the several counties, in this government shall meet together, at their re- spective county towns, with such messengers as the churches to which they belong shall see cause to send with them, on the last Monday in June next; there to consider and agree upon those methods and rules for the management of ecclesiastical dis- cipline, which by them shall be judged agreeable and conformable to the word of God, and shall, at tfce same meeting, appoint two or more of their number to be their delegates, who shall all meet together at Saybrook, at the next commencement to be held there; where they shall compare the re- sults of the ministers of the several counties, and out of and from them, to draw a form of ecclesiasti- cal discipline, which, by two or more persons dele- gated by them, shall be offered to this court, at their session at New Haven, in October next, to be considered of and confirmed by them : and the ex- pense of the above-mentioned meetings shall be defrayed out of the public treasury of this colony. A true copy of the record. " Test. ELEAZER KIMBERLY, Secretary." According to the act of the assembly, the minis- ters and churches of the several counties convened, at the time appointed, and made their respective drafts for discipline, and chose their delegates for the general meeting at Saybrook, in September; and the ministers and messengers chosen for this council, and its result, will appear from the follow- ing minutes : - " At a meeting of delegates from the councils of the several counties of Connecticut colony, in New England, in America, at Saybrook, Sept. 9th, 1708, PRESENT, From the council of Hartford county : The Rev. Timothy Woodbridge. Noadiah Russell and Ste- phen Mix. Messenger, John Haynes, Esq. From the council in Fairfield county : The Rev. Charles Chauncey and John Davenport. Messen- ger, deacon, Samuel Hoyt. From the council in New London county : -The Rev. James Noyes, Thomas Buckingham, Moses Noyes, and John Woodward. ' Messengers, Robert Chapman, deacon, William Parker. From the council of New Haven county : The Rev. Samuel Andrew, James Pierpont, and Samuel Russell. " The Rev. James Noyce and Thomas Bucking- ham being chosen moderators. The Rev. Stephen Mix and John Woodward beinjj chosen scribes. ' " In compliance with an order of the general as- sembly, May 13th, 1708, after humble addresses to the throne of grace for the Divine presence, assist- ance, and blessing upon us, having our eyes upon UNITED STATES. 769 the word of God and the constitution of our churches, "We agree that the confession of faith owned and assented unto by the elders and messengers assem- bled at Boston, in New England, May 12th, 1680, being the second session of that synod, be recom- mended to the honourable general assembly of this colony, at the next session, for their public testi- mony' thereunto, as the faith of the churches of this colony. " We agree also, that the heads of agreement as- sented to by the united ministers, formerly called presbyterian and congregational, be observed by the churches throughout this colony. " And for the better regulation of the adminis- tration of church discipline, in relation to all cases ecclesiastical, both in particular churches and coun- cils, to the full determining and executing the rules in all such cases, it is agreed, " I. That, the elder, or elders of a particular church, with the consent of the brethren of the same, have power, and ought to exercise church discipline, according to the rule of God's word, in relation to all scandals that fall out within the same. And it may be meet, in all cases of difficulty, for the respective pastors of particular churches, to take idvice of the elders of the churches in the neigh- bjarhood, before they proceed to censure in such cases. " II. That the churches which are neighbouring to each other, shall consociate for mutual affording to each other such assistance as may be requisite, upon all occasions ecclesiastical. And that the particular pastors and churches, within the respective counties in this government, shall be one conso- ciation, (or more, if they shall judge meet), for the end aforesaid. " III. That all cases of scandal, that fall out within the circuit of any of the aforesaid consocia- tions, shall be brought to a council of the elders, and also messengers of the churches within the said circuit, i. e. the churches of one consociation, if they see cause to send messengers, when there shall be need of a council for the determination of them. " IV. That, according to the common practice of our churches, nothing shall be deemed an act or judgment of any council, which hath not the act of the major part o^the elders present concurring, and such a number of the messengers present, as makes the majority of the council : provided that if any such church shall not see cause to send any messen- gers to the council, or the persons chosen by them shall not attend, neither of these shall be any ob- struction to the proceedings of the council, or inva- lidate any of their acts. " V. That when any case is orderly brought be- fore any council of the churches, it shall there be heard and determined which (unless orderly removed from thence) shall be a final issue ; and all parties therein concerned shall sit down and be determined thereby. And the council so hearing, and giving the result or final issue, in the said case, as afore- said, shall see their determination or judgment duly executed and attended, in such way or manner as shall, in their judgment, be most suitable and agreeable to the word of God. " VI. That if any pastor and church doth obsti- nately refuse a due attendance and conformity to the determination of the council, that hath the cog- nisance of the case, and determineth it as above, after due patience used, they shall be reputed guilty of scandalous contempt, and dealt with as the rule of God's word in such case doth provide, and the sen- HIST. OF AMER. Nos. 97 & 98. tence of non-communion shall be declared against such pastor and church. And the churches are to approve of the said sentence, by withdrawing from the communion of the pastor and church, which so refused to be healed. " VII. That, in case any difficulties shall arise in any of the churches in this colony, which cannot be issued without considerable disquiet, that church in which they arise, (or that minister or member aggrieved with them,) shall apply themselves to the council of the consociated churches of the circuit to which the said church belongs; who, if they see cause, shall thereupon convene, hear, and deter- mine such cases of difficulty, unless the matter brought before them shall be judged so great in the nature of it, or so doubtful in the issue, or of such general concern, that the said council shall judge best that it be referred to a fuller council, consisting of the churches of the other consociation within the same county, (or of the next adjoining consociation of another county, if there be not two consociations in the county where the difficulty ariseth,) who, to- gether with themselves, shall hear, judge, determine, and finally issue such case, according to the word of God. " VIII. That a particular church, in which any difficulty doth arise, may, if they see cause, call a council of the consociated churches of the circuit to which the church belongs, before they proceed to sentence therein ; but there is not the same li- berty to an offending brother to call the council, before the church to which he belongs proceed to excommunication in the said case, unless with the consent of the church. " IX. That all the churches of the respective consociations shall choose, if they see cause, one or two members of each church, to represent them in the councils of the said churches, as occasion may call for them, who shall stand in that capacity till lew be chosen for the same service, unless any church shall incline to choose their messengers anew, upon the convening of such councils. " X. That the minister or ministers of the county towns, or where there are no ministers in such towns, the two next ministers to the said town shall, as soon as conveniently may be, appoint time and place for the meeting of the elders and messengers of the churches in said county, in order to their forming themselves into one or more consociations, and notify the time and place to the elders and churches of that county who shall attend at the same, the elders in their persons, and the churches by their messengers, if they see cause to send them. Which elders and messengers, so assembled in council, as also any other council hereby allowed of, shall have power to adjourn themselves, as need shall be, for the space of one year, after the begin- ning or first session of the said council, and no longer. And that minister who was chosen at the last session of any council to be moderator, shall, with the advice and consent of two more elders, (or n case of the moderator's death, any two elders of the same consociation,) call another council within the circuit, when they shall judge there is need thereof. And all councils may prescribe rules, as occasion may require, and whatever they judge needful within their circuit, for the well performing and orderly managing the several acts, to be at- tended by them, or matters that come under their cognisance. " XI. That if any person or persons, orderly complained of to a council, or that are witnesses to 3 Y 770 THE HISTORY OF AMERICA. such complaints, (having regular notification to ap- pear,) shall refuse, or neglect so to do, in the place, and at the time specified in the warning given, except they or he give some satisfying reason thereof to the said council, they shall be judged guilty of scandalous contempt. "XII. That the teaching-elders of each county shall be one association, (or more if they see cause,) which association or associations shall assemble twice a year, at least, at such time and place as they shall appoint, to consult the duties of their office, and the common interest of the churches, who shall consider and resolve questions and cases of importance which shall be offered by any among themselves or others ; who also shall have power of examining and recommending the candidates of the ministry to the work thereof. " XIII. That the said associated pastors shall take notice of any among themselves, that may be accused of scandal or heresy, unto or cognisable by them, examine the matter carefully, and if they find just occasion shall direct to the calling of the council, where such offenders shall be duly pro- ceeded against. " XIV. That the associated pastors shall also be consulted by bereaved churches, belonging to their association, and recommend to such churches such persons as may be fit to be called and settled in the work of the Gospel ministry among them. And if such bereaved churches shall not seasonably call and settle a minister among them, the said asso- ciated pastors shall lay the state of such bereaved church before the general assembly of this colony, that they may take order concerning them, as shall be found necessary for their peace and edification. " XV. That it be recommended as expedient, that all the associations in this colony do meet in a general association by their respective delegates, one or more out of each association, once a year, the first meeting to be at Hartford, at the general election next ensuing the date hereof, and so annu- ally in all the counties successively, at such time and place, as they the said delegates shall in their annual meetings appoint." The confession of faith, heads of agreement, and these articles of discipline having unanimously passed, and been signed by the scribes, were pre- sented to the legislature the succeeding October, for their approbation and establishment; upon which they passed the following adopting act. At a general court holden at NewHaven, Oct. 1708. " The reverend ministers, delegates from the elders and messengers of this government, met at Saybrook, September 9th, 1708, having presented to this assembly a confession of faith, and heads of agreement, and regulations in the administration of church discipline, as unanimously agreed and consented to by the elders and churches in this government ; this assembly doth declare their great approbation of such an happy agreement, and do ordain, that all the churches within this government, that are, or shall be, thus united in doctrine, wor- ship, and discipline, be, and for the future shall be owned and acknowledged established by law ; pro- vided always, that nothing herein shall be intended or construed to hinder or prevent any society or church, that is or shall be allowed by the laws of this government, who soberly differ or dissent from the united churches hereby established, from exer- cising worship and discipline in their own way, ac- cording to their consciences. A true copy. " Test ELEAZER KIMBERLY, Secretary." Though the council were unanimous in passinp he platform of discipline, yet they were not all of me opinion : some being for high consociational government, and in their sentiments nearly presby- erians ; others were much more moderate and ather verged on independency ; but as they were exceedingly desirous of " keeping the unity of the ipirit in the bond of peace," they exercised great brbearance towards each other. As it was stipulated that the heads of agreement should be observed through the colony, they were an important mean of reconciling numbers to the constitution, as they did not carry points so far as he articles of discipline ; and did not make the judg- ments of councils decisive, in all cases, but only maintained, that particular churches ought to have a reverential regard to their judgment, and not to dissent from it without apparent grounds from the word of God. Neither did they give the elders a negative in councils over the churches ; but even in some instances gave more latitude than the articles f discipline ; and consequently served to reconcile such elders and churches, as were not for a rigid consociational government. Notwithstanding the Savoy confession was adopted, as the faith of the Connecticut churches, yet by adopting the heads of agreement, it was agreed, that ith respect to soundness of judgment in matters of ? aith, it was sufficient, " That a church acknowledge :he Scriptures to be the word of God, the perfect and only rule of faith and practice, aud own either the doctrinal part of those commonly called the arti- cles of the church of England, or the confession or catechisms, shorter or longer, compiled by the assembly at Westminster, or the confession agreed on at the Savoy, to be agreeable to the said rule." The Saybrook platform, thus unanimously recom- mended by the elders and messengers of the churches, and adopted by the legislature, as the religious con- stitution of the colony, met with a general reception, though some of the churches were extremely op- posed to it. Though Messrs. Andrew, Pierpont, and Russell, were influential characters there, yet it is observ- able that the churches in the county of Norwich sent no messengers to the synod ; and the tradition is that the church and people were so offended with their minister, Mr. John Woodward, for consenting to it, that they never would forgive him and be re- conciled : but made such opposition to his ministry, that by the advice of council, he resigned it and left the town. The elders and messengers of the county of Hart- ford met in council at Hartford, the next February, and formed into two distinct consociations and asso- ciations for the purposes expressed in the constitu- tion ; and the ministers and churches of the other three counties afterwards formed themselves into consociations and associations. There were there- fore, soon after, five consociations and the same number of associations in the colony. The associa- tions met annually by a delegation of two elders from each, in a general association, which had a general advisory superintendency over all the ministers and churches in the colony ; and its advice has generally been acceptable to the minister^ and churches, and cheerfully carried into execution. The meeting of the general association was anciently in September ; but the time of meeting, after some years, was altered to the third Tuesday in June. The corporation of the college having now ob- tained a confession of faith, adopted by the churches UNITED STATES. 771 and legislature of the colony ; the trustees and officers of the college, upon their introduction to office, were required to give their assent to it, and to the Westminster confession and catechisms. But before this could be effected, Mr. Pierson, the president, was dead ; having died on the 5th of March 1707, to the unspeakable loss and affliction both of the college and the people of his charge. He was educated at Harvard- college, where he graduated, 1668. He appears first to have settled in the ministry at Newark in New Jersey ; and thence came to Killingworth, and was installed in J694. He had the character of being a hard stu- dent, a good scholar, and a great divine. He was greatly respected as a pastor, and he instructed and governed the college with general approbation. Upon his death, the Rev. Mr. Andrew was chosen rec- tor pro tempore ; and the senior class were removed to Milford, to be under his immediate instruction until the commencement ; and the other students were removed to Saybrook, and put under the care and instruction of two tutors. The ministers of Connecticut were exceedingly attentive to the morals and qualifications of those, whom they recommended to the improvement of the churches, or ordained to the pastoral office ; and the general association in 171*2, agreed upon the following rules, and recommended them to the con- sideration of the several associations for their appro- bation and concurrence. " Rules agreed upon for the examination of can- didates for the ministry. " Agreed upon, that the person to be examined eoncerning his qualifications for the evangelical ministry, shall be dealt with in his examinations, with all candour and gentleness. " 1. That he be able to give satisfaction to the association examining him, of his skill in the He- brew, Greek, and Latin tongues. " 2. That he be able to give satisfaction to the association examining him, of his skill i-n Logic and Philosophy. " 3. He" shall be examined what authors in divi- nity he hath read ; and also concerning the main grounds or. principles of the Christian religion; and shall therein offer just matter of satisfaction to the association examining him; and shall give his assent to the confession of faith publicly owned and de- clared to be the confession of the faith of the united churches of this colony. " 4. That if the life and conversation of the per- son to be examined be not well known to the associ- ation examining him, then said person shall offer sufficient evidence to said association of his sober and religious conversation. " 5. That the person to be examined shall pub- licly pray, and also preach in the presence of the association examining him, from some text of Scrip- ture which shaU be given him by said association, and at such time and place as they shall appoint, in order to prove his gifts for the ministerial Work. " Rules relating to the ordination of a person to the work of the ministry. " Agreed, 1. In case of ordination, those who are to ordain ought to be satisfied, that the person to be ordained is apt to teach, and of his inclination to the work of the ministry. " 2. That they shall be satisfied with his prudence and fitness for the management of so great a trust, as that of the work of the ministry. " 3. The persons to ordain shall be satisfied, that his preaching and conversation be acceptable to the people over whom he is to be ordained. " 4. That he shall be able to explain such texts of Scripture as shall be proposed to him. " 5. That he shall be able to resolve such practi- cal cases of conscience as shall be proposed to him. " 6. That he shall show, to the satisfaction of the pastors to ordain him, his competent ability to refute dangerous errors, and defend the truth against gainsayers. " 7. That he shall give his consent to the church discipline of this colony as established bylaw; yet the pastors to ordain are not to be too severe and strict with him to be ordained, upon his sober dis- sent from some particulars in said discipline. About this time a very valuable addition of books was made to the college library at Saybrook. In 1713, Sir John Davie, of Groton, gave a good collec- tion ; and the next year a much greater donation was made by the generosity and procurement of Jeremiah Dummer, Esq. of Boston; who was then in London, in the capacity of an agent for several of the New England colonies. He sent over above 800 volumes ; of which 120 were procured at his owu charge ; and the rest were from gentlemen in En- gland, through his solicitation and influence ; Sir Isaac Newton, Sir Richard Blackmore, Sir Richard Steele, Doctors Burnet, Halley, Bentley, Kennet, Calamy, and Edwards, and the Rev. Mr. Henry and Mr.Whiston ; severally gave a collection of their own works, and Governor Yale added about 40 volumes. The library now consisted of about 900 volumes The number of ordained ministers in the colony, in J714, exclusive of those in the towns under the government of Massachusetts, was 43 ; and upon the lowest computation there was as much as one or- dained minister to every 400 persons, or to every 80 families. We have now brought the history of this colony, both as to its ecclesiastical and civil affairs, to a pe- riod in which it was firmly settled ; and we shall therefore discontinue giving a separate account of. it ; as the public acts, of any consequence, in which it was afterwards engaged, have been sufficiently noticed in the histories of the more important neigh- bouring colonies. 3 Y 2 RHODE ISLAND AND PROVIDENCE. As Robertson has given all the important parti- culars which are known of this small state, in his introductory view of New England, and as the poli- tical events in which it was engaged have been already sufficiently enlarged upon in the histories of the surrounding colonies, we have little more to add than a brief account of its internal constitution and domestic policy. We have already seen that Roger Williams, who was banished from Massachusetts, for avowing the doctrine, that the civil magistrate is bound to grant equal protection to every denomination of Christians, a doctrine too liberal for the age in which he lived, repaired to Seeconk, where he procured a grant of land from the Indians. Being informed, by the go- vernor of Plymouth, that the land was within the 'imits of that colony, he proceeded to Mooshausic, where in 1636, with those friends who followed him, he began a plantation. He purchased the land of the Indians, and in .grateful acknowledgment of the kindness of Heaven, he called the place Providence. Acting in confor- mity with the wise and liberal principle, for avow- ing and maintaining which he had suffered banish- ment, he allowed entire freedom of conscience to all who came within his borders. And to him must be given the glory of having first set a practical ex- ample of the equal toleration of all religious sects in the same political community. His benevolence was not confined to his civilized brethren. He laboured to enlighten, improve and conciliate the savages. He learned their language, travelled among them, and gained the entire con- fidence of their chiefs. He had often the happiness, by his influence over them, of saving from injury the colony that had proclaimed him an outlaw and driven him into the wilderness. In 1638, William Coddington, and seventeen others, being persecuted for their religious tenets in Massachusetts, followed Williams to Providence. By his advice, they purchased of the Indians the island of Aquetnec, now called Rhode Island, and removed thither. Coddington was chosen their judge, or chief magistrate. The fertility of the soil, and the toleration of all Christian sects, attracted numerous emigrants from the adjacent settlements. When the New England colonies, in 1643, formed their memorable confederacy, Rhode Island applied to be admitted a member. Plymouth objected ; as- serting that the settlements were within her bounda- ries. The commissioners decided that Rhode Island might enjoy all the advantages of the confederacy if she would submit to the jurisdiction of Plymouth She declined, proudly preferring independence to all the benefits of dependent union. In 1644, Williams, having been sent to Englanc as agent for both settlements, obtained of the Ply- mouth company a patent for the territory, and per- mission for the inhabitants to institute a government for themselves. In 1647, delegates chosen by th< freemen held a general assembly at Portsmouth rganized a government, and established a code of aws. The executive power was confided to a presi- lent and four assistants ; and upon the applications >f the inhabitants, Charles II., in 1663, granted he following charter to Rhode Island and Provi- dence Plantations. CHARLES II., by the grace of God, &c. To all. o whom these presents shall come greeting. Whereas xe have been informed by the petition of our trusty and well-beloved subjects, Jhn Clarke, on the be- half of Benedict Arnold, William Brenton, William oddington, Nicholas Easton, William Boulston, Tohn Porter, John Smith, Samuel Gorton, John Weekes, Roger Williams, fc Thomas Olney, Gregory Dexter, John Cogeshall, Joseph Clarke, Randall rloulden, John Greene, John Roome, Samuel Wild- jore, William Field, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the purchasers and free inhabitants of our island, called Rhode Island, and the rest of the colony of Providence Plantations, in the Narraganset bay, n New England, in America, that they, pursuing with peace and loyal minds their sober, serious, and religious intentions, of godly edifying themselves and one another in the holy Christian faith and wor- ship, as they were persuaded, together with the gaining over and conversion of the poor ignorant Indian natives in those parts of America, to the sin- cere profession and obedience of the same faith and worship, did not only by the consent and good en- couragement of our royal progenitors, transport themselves out of this kingdom of England into America; but also since their arrival there, after their first settlement among other our subjects in those parts, for the avoiding of discord and those many evils which were likely to ensue upon those our subjects not being able to bear in those remote parts their different apprehensions in religious con- cernments ; and in pursuance of the aforesaid ends did once again leave their desirable stations and habitations, and with excessive labour and travail, hazard and charge, did transplant themselves into the midst of the Indian natives, who, as we are in- formed, are the most potent princes and people of all that country ; where, by the good providence of God (from whom the plantations have taken their name), upon their labour and industry, they have not only been preserved to admiration, but have in- reased and prospered, and are seised and possessed by purchase and consent of the said natives, to their full content, of such lands, islands, rivers, harbours, and roads, as are very convenient both for planta- tions, and also for building of ships, supply of pipe- staves, and other merchandise, and which lie very commodious in many respects for commerce, and to accommodate our southern plantations, and may much advance the trade of this our realm, and greatly enlarge the territories thereof; they having, by near neighbourhood to, and friendly society with the great body of the Narraganset Indians, given them encouragement of their own accord, to subject UNITED STATES. 773 themselves, their people and lands, unto us ; whereby, as is hoped, there may in time, by the blessing of God upon their endeavours, be laid a sure founda- tion of happiness to all America. And whereas, in their humble address, they have freely declared, that it is much on their hearts (if they be permitted) to hold forth a lively experiment, that a most flou- rishing civil state may stand, and best be maintained, and that among our English subjects, with a full liberty in religious concernments; and that true piety, rightly grounded upon Gospel principles, will give the best and greatest security to sovereignty, and will lay in the hearts of men the strongest obli- gations to true loyalty ; now, know ye, that we being willing to encourage the hopeful undertaking of our said loyal and loving subjects, and to secure them in the free exercise and enjoyment of all their civil and religious rights appertaining to them, as ou-r loving subjects; and to preserve unto them that liberty in the true Christian faith and worship of God which they have sought with so much travail, and with peaceable minds and loyal subjection to our royal progenitors and ourselves to enjoy ; and be- cause some of the people and inhabitants of the same colony cannot, in their private opinion, conform to the public exercise of religion according to the liturgy, form, and ceremonies of the Church of En- gland, or take or subscribe the oaths and articles made and established in that behalf; and for that the same, by reason of the remote distances of those places, will, as we hope, be no breach of the unity and uniformity established in this nation, have there- fore thought fit, and do hereby publish, grant, or- dain, and declare, that our royal will and pleasure i.s, that no person within the said colony, at any time hereafter, shall be any wise molested, punished, disquieted, or called in question, for any differences in opinion in matters of religion, who do not actually disturb the civil peace of our said colony; but that all and every person and persons may, from time to time, and at all times hereafter, freely and fully have and enjoy his and their own judgments and consciences, in matters of religious concernment, throughout the tract of land hereafter mentioned, they behaving themselves peaceably and quietly, and not using this liberty to licentiousness and pro- I'iiucness, nor to the civil injury or outward disturb- ance of others, any law, statute, or clause therein contained, or to be contained, usage or custom of this realm, to the contrary hereof, in any wise not- withstanding. And that they may be in the better capacity to defend themselves in their just rights and liberties, against all the enemies of the Chris- tian faith, and others, in all respects, we have fur- ther thought fit, and at the humble petition of the persons aforesaid, are graciously pleased to declare, that they shall have and enjoy the benefit of our tote act of indemnity, and free pardon, as the rest of our subjects in other our dominions and territories nave ; and to create and make them a body politic or corporate, with the powers or privileges herein- after mentioned. And accordingly, our will and pleasure is, and of our especial grace, certain know- ledge, and mere motion, we have ordained, consti- tuted, and declared, and by these presents, for us, our heirs and successors, do ordain, constitute, and declare, that they the said William Brenton, Wil- liam Coddington, Nicholas Easton, Benedict Ar- nold, William Boulston, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Wil- liams, Thomas Olney, Gregory Dexter, John Coge- thall, Joseph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel Wild- bore, Richard Tew, William Field, Thomas Har- ris, James Barker, Rainsborrow, Wil- liams, and John Nixon and all such others as are now, or hereafter shall be admitted, free of the company and society of our colony of Providence Plantations, in the Narraganset bay, in New En- gland, shall be, from time to time, and for ever hereafter, a body corporate and politic, in fact and name, by the name of the governor and company of the English colony of Rhode Island and Provi- dence Plantations, in New England, in America; and that by the same name, they and their succes- sors shall 'and may have perpetual succession, and shall and may be persons able and capable in the law to sue and be sued, to plead and be impleaded, to answer and to be answered unto, to defend and to be defended, in all and singular suits, causes, quar- rels, matters, actions, and things, of what kind or nature soever ; and also to have, take, possess, ac- quire, and purchase lands, tenements, or heredita- ments, or any goods or chatties, and the same to lease, grant, demise, alien, bargain, sell, and dis- Eose of, at their own will and pleasure, as other our ege people of this our realm of England, or any corporation or body politic within the same, may lawfully do : and further, that they the said gover- nor and company, and their successors, shall and may, for ever hereafter, have a common seal, to serve and use for all matters, causes, things, and affairs whatsoever, of them and their successois, and the same seal to alter, change, break, and make new from time to time, at their will and pleasure, as they shall think fit. And further, we will and or- dain, and by these presents, for us, our heirs and successors, do declare and appoint, that for the bet- ter ordering and managing of the affairs and busi- ness of the said company and their successors, there shall be one governor, one deputy-governor, and ten assistants, to be from time to time constituted, elected, and chosen out of the freemen of the said company for the time being, in such manner and form as is hereafter in these presents expressed ; which said officers shall apply themselves to take care for the best disposing and ordering of the gene- ral business and affairs of and concerning the lands and hereditaments herein after mentioned to be granted, and the plantation thereof, and the go- vernment of the people there. And for the better execution of our royal pleasure herein, we do, for us, our heirs and successors, assign, name, consti- tute and appoint, the aforesaid Benedict Arnold to be the first and present governor of the said com- pany, and the said William Brenton to be the de- puty-governor, and the said William Boulston, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Cogeshall, James Bar- ker, William Field, and Joseph Clarke, to be the ten present assistants of the said company, to con- tinue in the said several offices respectively, until the first Wednesday which shall be in the month of May now next coming. And further, we will, and by these presents, for us, our heirs and successors, do ordain and grant, that the governor of the said company for the time being, or in his absence, by occasion of sickness or otherwise, by his leave or permission the deputy-governor for the time being, shall and may, from time to time, upon all occasions, give order for the assembling of the said company, and calling them together, to consult and advise of the business and affairs of the said company ; and that for ever hereafter, twice in every year, that is 774 THE HISTORY OP AMERICA. to say, on every first Wednesday in the month of May," and on every last Wednesday in October, or oftener, in case it shall be requisite, the assistants, and such of the freemen of the said company, not exceeding six persons from Newport, four persons for each of the respective towns of Providence, Portsmouth, and Warwick, and two persons for each other place, town, or city, who shall be from time to time thereunto elected or deputed by the major part of the freemen of the respective towns or places for which they shall be so elected or de- puted, shall have a general meeting or assembly, then and there to consult, advise and determine, in and about the affairs and business of the said company and plantations. And further, we do of our especial grace, certain knowledge, and mere motion, give and grant unto the said governor and company of the English colony of Rhode Island and Providence Plantations, in New England, in America, and their successors, that the governor, or, in his ab- sence, or by his permission, the deputy-governor of the said company for the time being, the assistants, and such of the freemen of the said company as shall be so aforesaid elected or deputed, or so many of them as shall be present at such meeting or assem- bly as aforesaid, shall be called the general assem- bly; and that they, or the greatest part of them then present, whereof the governor or deputy-go- vernor, and six of the assistants at least, to be seven, shall have, and have hereby given and granted unto them full power and authority, from time to time, and at all times hereafter, to appoint, alter, and change such days, times, and places of meeting, and gene- ral assembly, as they shall think fit : and to choose, nominate, and appoint such and so many persons as they shall think fit, and shall be willing to accept the same, to be free of the said company and body- politic, and them into the same to admit ; and to elect and constitute such offices and officers, and to grant such needful commissions as they shall think fit and requisite, for ordering, managing, and dis- patching of the affairs of the said governor and company, and their successors; and from time to time to make, ordain, constitute, or repeal such laws, statutes, orders, and ordinances, forms and ceremo- nies of government and magistracy, as to them shall seem meet, for the good and welfare of the said company, and for the government and ordering of the lands and hereditaments hereinafter mentioned to be granted, and of the people that do, or at any time hereafter shall inhabit, or be within the same ; so as such laws, ordinances, and constitutions so made, be not contrary and repugnant unto, but as near as may be, agreeable to the laws of this our realm of England, considering the nature and constitution of the place and people there ; and also to appoint, order, and direct, erect and settle such places and courts of jurisdiction, for hearing and determining of all actions, cases, matters, and things, happening within the said colony and plantation, and which shall be in dispute, and depending there, as they shall think fit ; and also to distinguish and set forth the several names and titles, duties, powers, and limits, of each court, office and officer, superior and inferior ; and also to contrive and appoint such forms of oaths and attestations, not repugnant, but as near as may be agreeable, as aforesaid, to the laws and statutes of this our realm, as are conve- nient and requisite, with respect to the due admi- nistration of justice, and due execution and dis- charge of all offices and places of trust, by the per- sons that shall be therein concerned; and also to regulate and order the way and manner of all elec- tions to offices and places of trust, and to prescribe, limit, and distinguish the number and bounds of all places, towns, and cities, within the limits and bounds hereinafter mentioned, and not herein par- ticularly named, who have, or shall have the power of electing and sending of freemen to the said ge- neral assembly; and also to order, direct, and au- thorize the imposing of lawful and reasonable fines, mulcts, imprisonments, and executing other punish- ments, pecuniary and corporal, upon offenders and delinquents, according to the course of other cor- porations within this our kingdom of England : and again, to alter, revoke, annul, or pardon, under their common seal, or otherwise, such fines, mulcts, imprisonments, sentences, judgments, and condem- nations, as shall be thought fit ; and to direct, rule, order, and dispose all other matters and things, and particularly that which relates to the making of purchases of the native; Indians, as to them shall seem meet; whereby our said people and inhabi- tants in the said plantations may be so religiously, peaceably, and civilly governed, as that by their good life and orderly conversation they may win and invite the native Indians of the country to the knowledge and obedience of the only true God and Saviour of mankind; willing, commanding, and requiring, and by these presents, for us, our heirs and successors, ordaining and appointing, that all such laws, statutes, orders, and ordinances, instruc- tions, impositions, and directions, as shall be so made by the governor, deputy, assistants, and free- men, or such number of them as aforesaid, and published in writing under their common seal, shall be carefully and duly observed, kept, performed, and put in execution, according to the true intent and meaning of the same. And these our letters patent, or the duplicate or exemplification thereof, shall be to all and every such officers, superior or i-nferior, from time to time, for the putting of the same orders, laws, statutes, ordinances, instructions, and directions, in due execution against us, our heirs and successors, a sufficient warrant and dis- charge. And further, our will and pleasure is, and we do hereby for us, our heirs and successors, esta- blish and ordain, that yearly, once in the year for ever hereafter, namely, the aforesaid Wednesday in May, and at the town of Newport or elsewhere, if urgent occasion do require, the governor, deputy- governor, and assistants of the said company, and other officers of the said company, or such of them as the general assembly shall think fit, shall be in the said general court or assembly, to be held from, that day or time, newly chosen for the year ensuing, by the greater part of the said company for the time being, as shall be then and there present. And if it shall happen that the present governor, deputy- governor, and assistants, by these presents appointed, or any such as shall hereafter be newly chosen into their rooms, or any of them, or any other the officers of the said company, shall die, or be removed from, his or their several offices or places before the said general day of election (whom we do hereby declare for any misdemeanor or default to be removeablo by the governor, assistants, and company, or such greater part of them, in any of the said public courts to be assembled as aforesaid), that then, and in every such case, it shall and may be lawful to and for the said governor, deputy-governor, assist- ants, and company aforesaid, or such greater part of them so to be assembled, as is aforesaid, in any of their assemblies, to proceed to a new election of one UNITED STATES. 775 or more of their company, in the room or place, rooms or places, of such officer or officers so dying or removed, according to their directions. And immediately upon and after such election or elec- tions made of such governor, deputy-governor, as- sistant or assistants, or any other officer of the said company, in manner and form aforesaid, the autho- rity, office, and power before given to the former governor, deputy-governor, and other officer and officers so removed, in whose stead and place new shall be chosen, shall, as to him and them, and every of them respectively, cease and determine. Provided always, and our will and pleasure is, That as well such as are by these presents appointed to be the present governor, deputy-governor and as- sistants of the said company, as those which shall succeed them, and all other officers to be appointed and chosen as aforesaid, shall, before the undertaking the execution of the said offices and places re- spectively, give their solemn engagement, by oath or otherwise, for the due and faithful performance of their duties in their several offices and places, before such person or persons as are by these pre- sents hereafter appointed to take and receive the same ; that is to say, the said Benedict Arnold, who is hereinbefore nominated and appointed the present governor of the said company, shall give the afore- said engagement before William Brenton, or any two of the said assistants of the said company, unto whom we do, by these presents, give full power and authority to require and receive the same ; and the said William Brenton, who is hereby before nomi- nated and appointed the present deputy-governor of the said company, shall give the aforesaid en- gagement before the said Benedict Arnold, or any two of the assistants of the said company, unto whom we do, by these presents, give full power and au- thority to require and receive the same ; and the said William Boulston, John Porter, Roger Wil- liams, Thomas Olney, John Smith, John Greene, John Cogeshall, James Barker, William Field, and Joseph Clarke, who are hereinbefore nominated and appointed the present assistants of the company, shall give the said engagement to their offices and places respectively belonging, before the said Bene- dict Arnold and William Brenton, or one of them, to whom respectively we do hereby give full power and authority to require, administer, or receive the same. And further, our will and pleasure is, that all and every other future governor, or deputy-go- vernor, to be elected and chosen by virtue of these presents, shall give the said engagement before two or more of the said assistants of the said company for the time being, unto whom we do, by these pre- sents, give full power and authority to require, ad- minister, or receive the same ; and the said assist- ants, and every of them, and all and every other officer or officers, to be hereafter elected and chosen by virtue of these presents, from time to time, shall give the like engagements to their offices and places respectively belonging, before the governor or de- puty-governor for the time being ; unto which said governor or deputy-governor we do, by these presents, give full power and authority to require, administer, or receive the same accordingly. And we do like- wise for us, our heirs and successors, give and grant unto the said governor and company, and their suc- cessors, by these presents, that for the more peace- able and orderly government of the said plantations, it shall and may be lawful for the governor, deputy- governor, assistants, and all other officers and mi- nisters of the said company, in the administration of justice and exercise of government in the said plantations, to use, exercise, and put in execution, such methods, rules, orders, and directions, not being contrary and repugnant to the laws and sta- tutes of this our realm, as have been heretofore given, used, and accustomed in such cases respec- tively, to be put in practice, until at the next or some" other general assembly, especial provision shall be made in the cases aforesaid. And we do further, for us, our heirs and successors, give and grant unto the said governor and company, and their successors, by these presents, that it shall and may be lawful to and for tne said governor, or, in his absence, the deputy-governor and major part of the said assistants for the time being, at any time when the said general assembly is not sitting, to nominate, appoint and constitute such and so many commanders, governors, and military officers, as to them shall seem requisite, for the leading, conduct- ing, and training up the inhabitants of the said plantations in martial affairs, and for the defence and safeguard of the said plantations ; and that it shall and may be lawful to and for all and every such commander, governor, and military officer, that shall be so as aforesaid', or by the governor, or in his absence the deputy-governor and six of the assistants, and major part of the freemen of the said company present at any general assemblies, nominated, appointed, and constituted, according to the teneur of his and their respective commissions and directions,- to assemble, exercise in arms, mar- shal, array, and put in warlike posture, the inhabi- tants of the said colony, for their especial defence and safety ; and to lead and conduct the said inha- bitants, and to encounter, repulse, and resist by- force of arms, as well by sea as by land, to kill, slay, and destroy, by all fitting ways, enterprises, and means whatsoever, all and every such person or persons as shall at any time hereafter attempt, or enterprise the destruction, invasion, detriment, or annoyance of the said inhabitants or plantations; and to use and exercise the law martial in such cases only as occasion shall necessarily require; and to take and surprise, by all ways and means whatsoever, all and every such person and persons, with their ship or ships, armour, ammunition, or other goods of such persons as shall in hostile man- ner invade or attempt the defeating of the said Elantation, or the hurt of the said company and iu- abitants ; and upon just causes to invade and de- stroy the natives, Indians, or other enemies of the said colony. Nevertheless, our will and pleasure is, and we do hereby declare to the rest of our co- lonies in New England, that it shall not be lawful for this our said colony of Rhode Island and Provi- dence Plantations, in New England, in America, to invade the natives inhabiting within the bounds and limits of their said colonies, without the know- ledge and consent of the said other colonies. And it is hereby declared, that it shall not be lawful to or for the rest of the colonies to invade or molest the native Indians, or any other inhabitants, inha- biting within the bounds or limits hereafter men- tioned (they having subjected themselves unto us, and being by us taken into our special protection), without the knowledge and consent of the governor and company of our colony of Rhode Island and Providence Plantation. Also our will and pleasure is, and we do hereby declare unto all Christian kings, princes, and states, that if any person, which shall hereafter be of the said company or plantation, or any other by appointment of the said governor 776 THE HISTORY OF AMERICA. and company for the time being, shall at any time or times hereafter rob or spoil, by sea or land, or do any hurt, or unlawful hostility, to any of the sub- jects of us, our heirs and successors, or to any of the subjects of any prince or state being then in league with us, our heirs and successors ; upon complaint of such injury done to any such prince or state, or their subjects, we, our heirs and suc- cessors, will make open proclamation, within any parts of our realms of England fit for that purpose, that the person or persons committing any such rob- bery or spoil shall, within the time limited by such proclamation, make full restitution or satisfaction of all such injuries done or committed, so as the said prince, or others so complaining, may be fully satisfied and contented ; and if the said person or persons who shall commit a-ny such robbery or spoil, shall not make satisfaction accordingly, within such time so to be limited, that then we, our heirs and successors, will put such person or persons out of our allegiance and protection ; and that then it shall and may be lawful and free for all princes, or others, to prosecute with hostility such offenders, and every of them, their and every of their procu- rers, aiders, abettors, and counsellors, in that be- half. Provided also, and our express will and pleasure is, and we do by these presents, for us, our heirs and successors, ordain and appoint, that these presents shall not in any manner hinder any of our loving subjects whatsoever from using and exercising the trade of fishing upon the coast of New England, in America, but that they, and every or any of them, shall have full and free power and liberty to con- tinue and use the trade of fishing upon the said coast, in any of the seas thereunto adjoining, or any arms of the sea, or salt water, rivers and creeks, where they have been accustomed to fish, and to build and set upon the waste land belonging to the said colony and plantations such wharfs, stages, and workhouses, as shall be necessary for the salting, drying and keeping of their fish to be taken or got- ten upon that coast. And further, for the encou- ragement of the inhabitants of our said colony of Providence Plantation to set upon the business of taking whales, it shall be lawful for them, or any of them having struck a whale, dubertus, or other great fish, it or them to pursue unto that coast, and into any bay, river, cove, creek or shore, belong- ing thereto, and it or them, upon the said coast, or in the said bay, river, cove, creek, or shore belong- ing thereto, to kill and order for the best advan- tage, without molestation, they making no wilful waste or spoil ; anything in these presents con- tained, or any other matter or thing to the contrary notwithstanding. And further also, we are graci- ously pleased, and do hereby declare, that if any of the inhabitants of our said colony do set upon the planting of vineyards, (the soil and climate both seeming naturally to concur to the production of wines) or be industrious in the discovery of fishing- banks in or about the said colony, we will, from time to time, give and allow all due and fitting encouragement therein, as to others in cases of like nature. And further, of our more ample grace, certain knowledge, and mere motion, we have given and granted, and by these presents, for us. our heirs and successors, do give and grant unto the said governor and company of the English, colony of Rhode Island and Providence Plantation, in the Narraganset bay, in New England, in Ame- rica, and to every inhabitant there, and to every person and persons trading thither, and to every such person or persons as are or shall be free of the said colony, full power and authority, from time to time, and at all times hereafter, to take, ship, Hans- port, and carry away, out of any of our realms and dominions, for and towards the plantation and de- fence of the said colony, such and so many of our loving subjects and strangers, as shall or will wil- lingly accompany them in and to their said colony and plantation, except such person or persons as are or shall be therein restrained by us, our heirs and successors, or any law or statute of this realm ; and also to ship and transport all and all manner of goods, chattels, merchandise, and other things what- soever, that are or shall be useful or necessary for the said plantations, and defence thereof, and usu- ally transported, and not prohibited by any law or or statute of this our realm ; yielding and paying unto us our heirs and successors, such the duties, customs and subsidies, as are or ought to be paid or payable for the same. And further, our will and pleasure is, and we do for us, our heirs and succes- sors, ordain, declare and grant unto the said gover- nor and company, and their successors, that all and every the subjects of us, our heirs and successors, which are already planted and settled within our said colony of Providence Plantation, or which shall hereafter go to inhabit within the said colony, and all and every of their children which have been born there, or which shall happen hereafter to be born there, or on the sea going thither or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects, within any the dominions of us, our heirs and successors, to all intents, constructions, and purposes whatso- ever, as if they and every of them were born within the realm of England. And further know ye, that we, of our more abundant grace, certain knowledge, and mere motion, have given, granted and confirmed, and by these presents, for us, our heirs and suc- cessors, do give, grant and confirm unto the said governor and company, and their successors, all that part of our dominions in New England in America, containing the Nehantick and Nanhygausett, alias Narraganset bay, and countries and p'arts adjacent, bounded on the west, or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcawtuck river, and so along the said river, as the greater or middle stream thereof reacheth or lies up into the north country, northward unto the head thereof, and from thence by a straight line drawn due north, until it meet with the south line of the Massachusetts co- lony, and on the north or northerly, by the afore- said south or southerly line of the Massachusetts colony or plantation, and extending towards the east or eastwardly three English miles, to the east and north-east of the most eastern and north-eastern parts of the aforesaid Narragan- set bay, as the said bay lieth or extendeth itself from the ocean on the south or southwardly, unto the mouth of the river which runneth towards the town of Providence, and from thence along the east- wardly side or bank of the said river (higher called by the name of Seacunck river), up to the falls called Patucket Falls, being the most westwardly line of Plymouth colony; and so from the said falls, in a straight line due north, until it meet with the aforesaid line of the Massachusetts colony, and bounded on the south by the ocean, and in parti- cular the lands belonging to the towns of Providence, Patuxit, Warwicke, Misquammacock, alias Pawca- tuck, and the rest upon the main land, in the tract UNITED STATES. 777 aforesaid, together with Rhode Island, Blocke Island, and all the rest of the islands and banks in the Narraganset bay, and bordering upon the coast of the tract aforesaid (Fisher's island only excepted), together with all firm lands, soils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood-grounds, rocks, slates, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, pre-eminencies, and heredita- ments whatsoever, within the said tract, bounds, lands, and islands aforesaid, to them or any of them belonging, or in any wise appertaining. To have and to hold the same unto the said governor and company, and their successors for ever, upon trust, for the use and benefit of themselves and their as- sociates, freemen of the said colony, their heirs and assigns. To be holden of us, our heirs and suc- cessors, as of the manner of East Greenwich, in our county of Kent, in free and common soccage, and not in capite, nor by knight's service. Yielding and pay- ing therefore to us, our heirs and successors, only the fifth part of all the ore of gold and silver, which from time to time, and at all times hereafter, shall be there gotten, had or obtained, in lieu and satis- faction of all services, duties, fines, forfeitures, made or to be made, claims or demands whatsoever, to be to us, our heirs or successors, therefore or there- about rendered, made or paid ; any grant or clause, in a late grant to the governor and company of Connecticut colony in America, to the contrary thereof in any wise notwithstanding ; the aforesaid Pawcatuck river having been yielded after much debate, for the fixed and certain bounds between these our said colonies, by the agents thereof; who have also agreed, that the said Pawcatuck river shall also be called alias Narrogancett or Narrogansett river, and to prevent future disputes that otherwise might arise thereby, for ever hereafter shall be con- strued, deemed, and taken to be the Narrogancett river, in our late grant to Connecticut colony, men- tioned as the easterly bounds of that colony. And further, our will and pleasure is, that in all matters of public controversies, which may fall out between our colony of Connecticut and Providence Planta- tion, to make their appeal therein to us, our heirs and successors, for redress in such cases, within this our realm of England: and that it shall be lawful to and for the inhabitants of the said colony of Pro- vidence Plantation, without lett or molestation, to pass and repass with freedom into and through the rest of the English colonies upon their lawful and civil occasions, and to converse, and hold commerce, and trade with such of the inhabitants of our other English colonies as shall be willing to admit them thereunto, they behaving themselves peaceably among them; any act, clause, or sentence, in anv of the said colonies provided, or that shall be pro- vided, to the contrary in any wise notwithstanding. And lastly, we do for us, our heirs and successors, ordain and grant unto the said governor and com- pany, and their successors, by these presents, that these our letters patents shall be firm, good, effec- tual, and available, in all things in the law, to all intents, constructions, and purposes whatsoever, ac- cording to our true intent and meaning hereinbe- fore declared ; and shall be construed, reputed, and adjudged in all cases, most favourably on the be- half, and for the best benefit and behoof of the said governor and company, and their successors, al- though express mention, &c. In witness, &c. Per if sum Reyem. In 1665 they authorized, by law, the seizure of the estates of Quakers, who refused to assist in de- fending the colony ; but this law being generally condemned by the people, was never executed. When Andross was made governor of New Eng- land, he behaved in the arbitrary manner which has already been so fully related in the previous pages; he dissolved the charter government of Rhode Island, and ruled the colony, with the assistance of a coun- cil appointed by himself. After he was imprisoned at Boston, the freemen met at Newport, and voted to resume their charter. All the officers, who three years before had been displaced, were restored. The benevolence, justice, and pacific policy of Williams secured to the colony an almost total ex- emption from Indian or other hostility, and it there- fore affords little of a political nature to record. From a long period after the year 1710 a conti- nual contest existed respecting an almost continual system of creating a capital by the negotiating of a paper currency. The sums thus created were far more than sufficient for the purposes of commerce, and indeed, in many instances, were created in op- position to the wishes of the mercantile interest, for the purpose of supplying the state with money, and filling the pockets of a set of venal wretches, with- out subjecting them to the necessity of earning of it by their d'ligence, so that the history of the go- vernment of this state for 70 years is a history of base peculation by means of a paper money currency, which was so contrived, that amongst themselves it came out at about two and a half per cent, interest, and they lent it to the neighbouring colonies at ten per cent, as barefaced a cheat as ever was practised. The interest of these public iniquitous frauds went, one quarter to the several townships to defray their charges, the other three quarters were lodged in the treasury, to defray the charges of government. These measures deprived the state of great numbers of its worthy and most respectable inhabitants ; had a very pernicious influence upon the morals of the people ; deprived many of their just dues, and oc- casioned a ruinous stagnation of trade ; but an effi- cient government has effectually abolished this ini- quitous system, and the confidence lost by it has been recovered by a steady and rigid attachment to an integrity of conduct in all their concerns. It now remains but to give a brief account of the internal state of this settlement. Rhode Island is the only state of the union that is without a written constitution, the government being founded on the provisions of the foregoing charter. The legislature of this state consists of two branches a senate or upper house, "composed often members, besides the governor and deputy- governor, who were called in the charter assistants and a house of representatives, composed of deputies from the several towns. The members of the legis- lature are chosen twice a year; and there are two sessions of this body annually, viz. on the first Wed- nesday in May, and the last Wednesday in October. The supreme executive power is vested in a go- vernor, or, in his absence, in the deputy-governor, who, with the assistants, secretary, and general treasurer, are chosen annually in May by the suf- frages of the people. The governor presides in the upper house, but has only a single voice in enacting laws. Suffrage is universal. There is one supreme judicial court, composed of five judges, whose jurisdiction extends over the whole state, and who holds two courts annually in each county. 778 THE HISTORY OF AMERICA. lu each county there is an inferior court of com- mon pleas and general sessions of the peace, held twice a year for the trial of causes, not capital, arising within the county, from which an appeal lies to the supreme court. This smallest state of the union is only about 42 miles in average length, and its mean breadth only about 29 miles. It is bounded on the north and east by the state of Massachusetts, on the south by the Atlantic ocean, and on the west by the state of Connecticut. It is as healthful a country as any part of North America. The winters in the maritime parts are milder than in the inland country; the air being softened by a sea vapour, which also enriches the soil. The summers are delightful, especially on Rhode Island, where the extreme heats, which pre- vail in other parts of America, are allayed by cool and refreshing breezes from the sea. Rhode Island, from which the state takes its name, is thirteen miles in length; its average breadth is about four miles. It is divided into three townships, Newport, Portsmouth, and Middletown. This island, in point of soil, climate and situation, may be ranked among the finest and most charming in the world. In its most flourishing state it has been called by travellers the Eden of America. Provi- dence in many parts is equally pleasant, the whole country being beautifully variegated and plentifully watered. There is but one mountain in this state, which is in the town of Bristol, called Mount Hope or (Haup) ; there is nothing in its appearance to claim particu- lar attention. Among the rivers the following deserve particular notice. Providence and Taunton rivers, both of which fall into Narraganset bay, the former on the west, the latter on the east side of Rhode Island. Providence river rises partly in the Massachusetts, and is navigable as far as Providence for ships of 900 tons, 30-miles from the sea. Taunton river is navigable for small vessels to Taunton. The com- mon tides rise about four feet. Fall river is small, rising in Freetown, and pass ing through Tiverton. The line between the states of Massachusetts and Rhode Island, passes Fall river bridge. Patuxet river rises in Mashapogpond, and five miles below Providence empties into Nar- raganset bay. Pautucket river, called more nor- therly Blackstone's river, empties into Seekhonck river, four miles N.N.E. from Providence, where are the falls hereafter described, over which is bridge, on the post-road to Boston, and 40 miles from thence. The confluent stream empties into Providence river, about a mile below Weybossett, or the great bridge. Naspatucket river falls into the bay about one mile and a half N.W. of Weybosset bridge. Moshassuck river falls into the same bay, three-fourths of a mile north of the bridge. These rivers united form Providence river, which, a few miles below the town, receives the name of Narraganset bay, and affords fine fish, oysters, and lobsters in great plenty ; the bay makes up from south to north between the mam land on the east and west. It embosoms many fertile islands, the appearance of which and of the circumjacent country in the spring and summer seasons, either from the land or water, is extremely beautiful and charming ; the principal of these, besides Rhode Island, are Canonnicut, Prudence, Patience, Hope, Dyers and Hog Island. The first of these, viz. Canonnicut Island, lies west of Rhode Island, and is six miles in length, and about one mile in breadth ; it was purchased of the Indians in 1657, and incorporated by an act of assembly by the name of the Island of Jamestown in 1678. Prudence island is nearly or quite as large as Canonnicut, and lies north of it, and is a part of the township of Portsmouth. Block island, called by the Indians Manisses, is 21 miles S.S.W. from Newport, and is the southern- most land belonging to the state ; it was erected into a township, by the name of New Shoreham, in 1672. The inhabitants of this island were formerly noted for making good cheese ; and they catch conside- rable quantities of cod fish round the ledges near the island. \ The harbours in thi.x state are, Newport, Provi- dence, Wickford, Patuxet, Warren, and Bristol, all of which are advantageous, and several of them commodious. For the safety and convenience of sailing into Narraganset bay and the harbour of Newport, a light-house was erected in 1749 on Beavertail, at the south end of Canonnicut Island ; the diameter of the base is 24 feet, and of the top thirteen feet ; the height from the ground to the top of the cornice is 50 feet, round which is a gallery, and within that stands the lantern, which is about eleven feet high and eight feet in diameter. The ground the light-house stands on is about twelve feet above the surface of the sea at high-water. This state, generally speaking, is a country for pasture, arid not for grain ; in Rhode Island alone many thousand sheep are fed, besides neat cattle and horses, and a like proportion in many other parts of the state. It however produces corn, rye, barley, oats, and in some parts wheat sufficient for home consumption ; and the various kinds of grasses, fruits, culinary roots and plants in great abundance, and in good perfection, and cider is made for expor- tation. The north-western parts of the state are but thinly inhabited, and are more rocky and barren than the other parts. The tract of country lying between South Kingston and rtie Connecticut line, called the Narraganset country, is excellent grazing land, and is inhabited by a number of wealthy far- mers, who raise some of the finest neat cattle in New England, weighing from 16 to 1800 cwt. They keep large dairies, and make both butter and cheese of the best quality and in very large quanti- ties for exportation. Narraganset has been famed for an excellent breed of pacing horses, remarkable for their speed and hardiness, and for enduring the fatigues or a journey ; this breed of horses has, how- ever, much depreciated of late, the best mares having been purchased by the people from the westward. The interior of the earth offers a large recompense to the industrious adventurer. Iron ore is found in great plenty in several parts of the state. The iron works on Patuxet river, twelve miles from Provi- dence, are supplied with ore from a bed four miles and a half distant, which lies in a valley, through which runs a brook; the brook is turned into a new channel, and the ore pits are cleared of water by a steam-engine. At Diamond Hill, in the county of Providence, which is so called from its sparkling and shining appearance, there are a variety of peculiar stones, more curious than at present they appear to be use- ful ; but not far from this hill, in the township of Cumberland, is a copper mine, mixed with iron strongly impregnated with loadstone, of which some large pieces have been found in the neighbourhood : UNITED STATES. 779 however no method has yet been discovered to work it to advantage, or rather, no one has ye been found with sufficient spirit to engage in an un dertaking, which, though it might be attended with difficulty at first, could hardly fail, ultimately, o yielding an ample recompense. An abundance of limestone is found, particularly in the county of Providence, of which large quanti- ties of lime are made and exported. This limestone is of different colours, and is the true marble, of the white, plain, and variegated kinds ; it takes a fine polish, and works equal to any in America. There are several mineral springs, to one o! which, near Providence, many people resort to bathe and drink the water. The rivers and waters are equally productive; in the rivers and bays are plenty of sheeps-head, black- fish, herring, shad, lobsters, oysters and clams ; anc around the shores of Rhode Island, besides those already mentioned, are cod, halibut, mackerel, bass haddock, c. to the Amount of more than /Odiffeienl kinds, so that in the seasons of fish the markets pre- sent a continual scene of bustle and hurry. Rhode Island is indeed considered by travellers as the best fish market, not only in the United States, bul in the world. This state is divided into five counties, riz. New- port, Providence, Washington, Bristol and Kent : which are subdivided into the following 30 townships Newport County. Newport, Portsmouth, New Shoreham, James Town, Middletown, Tiverton, Little Compton. Providence County. Providence, Smithfield, Scituate, Glocester, Cum- berland, Cranston, Johnston, North Providence, Foster. Washington County. Westeily, North Kingston, South Kingston Charlestovvn, Exeter, Richmond, Hopkinton. Bristol County. Bristol, Warren, Barrington. Kent County. Warwick, East Greenwich, West Greenwich. Coventry. Newport lies in lat. 41 35' ; and was first settled by Mr. William Coddiugton, afterwards governor, and the father of Rhode Island, with seventeen others, in 1639. Its harbour, which is one of the finest in the world, spreads westward before the town ; the entrance is easy and safe, and a large fleet may anchor in it, and ride in perfect security. The town lies north and south upon a gradual ascent as you proceed from the water, and exhibits a beau- tiful view from the harbour, and from the neighbour- ing hills which lie westward upon the main. West of the town is Goat Island, on which is a fort. Be- tween this island and Rhode Island is the harbour. Front or Water street is a mile in length. Providence is situated in lat. 41 51' on both sides of Providence river, is 35 miles from the sea, and 30 miles N. by W. from Newport ; it is the oldest town in the state ; Roger Williams and his company were its first settlers in 1636. This town is divided into two parts by the river, and connected by a bridge, formerly called Wey- bosset, from a high hill of that name which stood near the west end of the bridge, but which is now removed, and its base built upon ; its situation affording a prospect of all vessels leaving and enter- ing the harbour, renders it a pleasant place of re- sort in the summer. Ships of almost any size sail up and down the channel, which is marked out by stakes erected at points, shoals, and beds lying in the river, so that strangers may come up to the town without a pilot. In 1764 there were belonging to the county of Providence 54 sail of vessels, con- taining 4320 tons; they have much increased since. This town suffered by the Indian war of 1G75, when a number of its inhabitants removed to Rhode Island for shelter. In the revolutionary war the case was reversed ; many of the inhabitants of that island removed to Providence. Bristol is a pleasant thriving town, about six- teen miles north of Newport, on the main ; part of the town was destroyed hy the British, but it has since been rebuilt; it has an episcopal and acongre- Eational church. This town is noted for raising irge quantities of onion and other roots. A num- ber of vessels are owned by the inhabitants, and they carry on a considerable trade to Africa, the West Indies, and to different parts of the United States. Warren is also a flourishing town, has a very lucrative trade with the West Indies and other places, and a considerable portion of business in ship-building. Little Compton, called by the Indians Seconnet, is said to be the best cultivated township in the state, and affords a greater supply of provisions for market, such as meats of the several kinds, but- ter, cheese, vegetables, &c. than any other town of its size. The inhabitants, who are an industrious and sober people, and in these respects an example worthy the notice and imitation of their brethren in some other parts of the state, manufacture linen and tow cloth, flannels, &c. of an excellent quality, and in considerable quantities for sale. About four miles north-east of Providence lies a small village called Pautucket, a place of some trade, and famous for lamprey eels, Through this village runs Pautucket river, which empties into Seekhonck river at this place : in this river is a beautiful fall of water ; directly over the falls a bridge has lately been built, which is a work of con- siderable magnitude and much ingenuity, which di- vides the commonwealth of Massachusetts from the state of Rhode Island. The fall in its whole length is upwards of 50 feet ; the water passes through several chasms in a rock which runs diametrically across the bed of the stream, and serves as a dam to the water. Several mills have also been erected upon these falls, and the spouts and channels which have been constructed to conduct the streams to their respective wheels, and the bridge, have taken very much from the beauty and grandeur of the scene, which would otherwise have been extremely romantic. In the town of Middletown> on Rhode Island, about two miles from Newport, is a place called Purgatory ; it joins to the sea on the east side of the island ; it is a large cavity or opening, in a high bed of rocks, about twelve feet in diameter at top, and about 40 feet deep before you reach the water, of which, as it joins the sea, it has always a large depth. The rocks on each side appear to have been once united, and were probably separated by some con- vulsion in nature, Before the revolutionary war, the merchants mported from Great Britain dry goods; from Africa slaves ; from the West Indies, sugars, coffees, and molasses, and from the neighbouring colonies umber and provisions. With the bills which :hey obtained in Surinam and the Dutch Wesj India islands, tfaey paid their merchants in En. 780 THE HISTORY OF AMERICA. gland; their sugars they carried to Holland; the slaves from Africa they carried to the West Indies, together with the lumber and provisions procured from their neighbours ; the rum distilled from the molasses was carried to Africa to purchase negroes ; with their dry goods from England they trafficked with the neighbouring colonies. By this kind of cir- cuitous commerce they subsisted and grew rich ; but the war, and some other events have had a great, and in many respects, an injurious effect upon the trade of this state. The slave trade, which was a source of wealth to many of the people in Newport, and in other parts of the state, has happily been abolished ; the legislature have passed a law pro- hibiting ships from going to Africa for slaves, and selling them in the West India islands; and the oath of one seaman belonging to the ship is suffi- cient evidence of the fact. The town of Bristol carries on a considerable trade to Africa, the West Indies, and to different parts of the United States ; but by far the greatest part of the commerce of this state is at present car- ried on by the inhabitants of the flourishing town of Providence. The exports from the state are flax-seed, lumber, horses, cattle, beef, pork, fish, poultry, onions, but- ter, cheese, barley, grain, spirits, and cotton and linen goods. The imports consist of European and West India goods, and logwood from the bay of Honduras. The constitution of this state admits of no reli- gious establishments any further than depends upon the voluntary choice of individuals : all men pro- fessing to believe in one Supreme Being, are equally protected by the laws, and no particular sect can claim pre-eminence. This unlimited liberty in re- ligion is one principal cause why there is such a variety of religious sects in Rhode Island. The Baptists are the most numerous of any denomina- tion in the state ; these, as well as the other Baptists in New England, are chiefly upon the Calvinistic plan as to doctrines, and Independents in regard to church government. There are, however, some who profess the Arminian tenets, others observe the Jewish, or Saturday Sabbath, from a persuasion that it was one of the ten commandments, which they plead are all in their nature moral, and were never abrogated in the New Testament, and must, at least, be deemed of equal validity for public worship, as any day particularly set apart by Jesus Christ and his apostles. These are called Sabbatarian or Se- venth-day Baptists. The other religious denominations in Rhode Island are, Congregationalists, Friends or Quakers, Episcopalians, Moravians, and Jews. Besides these, there are a considerable number of the people, who can be reduced to no particular denomination making no external profession of any religion, nor attending any place of public worship. In many towns public worship is much neglected by the greater part of the inhabitants ; they pay no taxes for the support of ecclesiastics of any denomi- nation ; and a peculiarity which distinguishes this state from every other Protestant country in the known world, is, that no contract formed by the mi- nister with his people, for his salary, is valid in law ; so that ministers are dependent wholly on the integrity of the people for their support, since their salaries are not recoverable. It ought, however, to be observed, that ministers in general are liberally maintained, and none who merit it have much rea- son to complain for want of support. Throughout the whole of the late war with Great Britain, the inhabitants of this state manifested a patriotic spirit ; their troops behaved gallantly, and hey are honoured in having produced the second general in the field. The literature of this state is confined princi- pally to the towns of Newport and Providence. At the latter is Brown University ; formerly called Rhode Island-college. The charter for founding this seminary of learning was granted by the gene- ral assembly of the state, by the name of the " Trus- tees and Fellows of the College or University, in Lhe English colony of Rhode Island and Providence Plantations," in 1764, in consequence of the peti- :ion of a large number of the most respectable cha- racters in the state. By the charter, the corporation of the college consists of two separate branches, with distinct, and respective powers. The num- ber of trustees is 36, of whom 22 are Baptists, five of the denomination of Friends, five Episcopa- lians, and four Congregationalists. The same pro- portion of the different denominations to continue in perpetuum. The number of fellows (inclusive of the president, who is a fellow ex officio) is twelve, of whom eight are Baptists, the others chosen indiscri- minately from any denomination. The concurrence of both branches, by a majority of each, is neces- sary for the validity of an act, except adjudging and conferring degrees, which exclusively belongs to the fellowship as a learned faculty. The president must be a Baptist: professors and other officers of instruction are not limited to any particular deno- mination. There is annually a general meeting of the corporation on the first Wednesday in Septem- ber, at which time the public commencement is held. It was first founded at Warren, in the county of Bristol, but in the year 1770 the college was re- moved to Providence, wheie a large, elegant build- ing was erected for its accommodation, by the ge- nerous donations of individuals, mostly from the town of Providence. And in 1804 it received its present name of Brown University; a wealthy in- dividual of that name having, by a donation of 5000 dollars, gained the right of having his name given to it, in accordance to a clause in its charter, which decreed that it should receive the name of any liberal benefactor. It is situated on a hill to the east of the town; and while its elevated situa- tion renders it delightful, by commanding an ex- tensive, variegated prospect, it furnishes it with a pure, salubrious air. The edifice is of brick, four stories high, 150 feet long, and 46 wide, with a projection often feet each side. It has an entry lengthwise, with rooms on each side. There are 48 rooms for the accommodation of students, and eight larger ones for public uses. The roof is covered with slate. This institution is under the instruction of a pre- sident, a professor of divinity, a professor of natural and experimental philosophy, a proi'essor of mathe- matics and astronomy, a professor of natural his- tory, and three tutors. Nearly all the funds of the college are at interest in the treasury of the state, and amount to almost 2000/. At Newport there is a flourishing academy, under the direction of a rector and tutors. In 1752 a marine society was established at New- port, for the purpose of relieving distressed widows and orphans of maritime brethren, and such of their society as may need assistance. This state contained, in 1730, 15,302 whites, and 2,633 blacks; in 1748, 29,755 whites, and 4,373 blacks; and in 1761,35,939 whites, and 4,697 blacks. PENNSYLVANIA AND DELAWARE. Introduction. i [As the great man who gave his name to the first of these colonies was the entire foundation of that extensive state, it will not be irrelevant to com- mence our history of it with a slight account of the life of its illustrious legislator.] William Penn was the eldest son of Sir William Penn, who served both under the Parliament, and King Charles II., in several of the highest mari- time offices. Sir William, born in Bristol in the year 1621, was the son of Captain Giles Penn, several years consul for the English, in the Medi- terranean ; and of the Penns of Penns-lodge, in Wiltshire, and the Penns of Penn, in the county of Buckinghamshire, and by his mother, from the Gil- berts, in Somersetshire, originally from Yorkshire. He was addicted from his youth to maritime af- fairs, and made captain at 21 years of age; rear- admiral of Ireland at 23; vice-admiral of Ireland at 25; admiral to the Straits at 29; vice-admiral of England at 31 ; and general in the first Dutch war at 32. Whence returning, anno 1655, he was re- turned to parliament for Weymouth. In 1660 he was made commissioner of the admiralty and navy, governor of the town and fort of Kingsail, vice-ad- miral of Munster, and a member of that provincial council; and anno 1664, he was chosen great cap- tain-commander under the duke of York, in that signal and most successful fight with the Dutch fleet. He shortly after this took leave of the sea, but continued in his other employments until 1669; at which time, through bodily infirmities, occa- sioned by his arduous life, he withdrew from public affairs; and died at Wanstead, in Essex, on the 16th of September, 1670, in the 49th year of his age; leaving a large estate, in England and Ire- la'nd, to his son William; to whom he was per- fectly reconciled, after the great displeasure he had before conceived at his joining in religious society with the Quakers: " Thus," says his son, " from a lieutenant he passed through all the eminent offices of sea employment, and arrived to that of general about the 30th year of his age; in a time full of the biggest sea actions that any history mentions ; and when neither bribes nor alliance, favour nor affec- tion, but ability only, could promote." Having ac- quitted himself with honour and fidelity in all his public offices, after the restoration he was knighted by King Charles II., and became a peculiar favourite of James, duke of York ; whose friend- ship was, after his death, continued to his son; which, in a particular manner, he requested of the duke, on his death-bed. His wife was the daughter of John Jasper, a Dutch merchant, at Rotterdam. The celebrated William Penn, son and heir of the above-mentiened Sir William, or Admiral Penn, and the first proprietor and governor of Pennsyl- vania, was born in London, on the 14th of October, 1614. He was endowed with an excellent capacity ; and his father, from the favourable prospects which he had of advancing him, was induced to give him a liberal education ; and about the fifteenth year of his age he was entered a student at Christ' s-church- college, Oxford. " At this time more particularly," says the writer of his life, " began to appear in him a disposition of mind after true spiritual religion; of which, be- fore he had received some sense and taste, through the ministry of Thomas Loe, a preacher under the denomination of a Quaker. In this place, he, and certain students of that university, withdrawing themselves from the national way of worship, held private meetings for the exercise of religion ; where they both preached and prayed among themselves; which gave great oft'ence to the heads of the col- lege. He being then but sixteen years of age, was fined for non-conformity ; and, at last, for his persevering in the like religious practices, was ex- pelled the college." After he returned home, he still retained the same turn of mind; which his father, judging likely to be a great obstacle to his advancement, endea- voured, by every means, to correct. But, after having used both argument and even bodily chas- tisement, without success, he was .so far incensed against him, that he turned him out of his house. Young Penn's patience surmounted this outrage, till his father's affection had subdued his anger; who then sent him to France in company with some distinguished young men, who were about making the grand tour. He continued there a considerable time, aud his mind was diverted from all serious thoughts of religion. He acquired a knowledge of the French language, and became a very accom- plished and fashionable young man ; and his father, on his return, consequently received him with great satisfaction. About the year 1664 his spiritual conflict is said to have been very great : his natural inclination, his lively and active disposition, his accomplishments, his father's favour, the respect of his friends and acquaintances, strongly tempted him to embrace the pleasures of the world, which he fought against with earnest supplication. But in the year 1666, and the 22nd of his age, his father committed to his management a considerable estate in Ireland, which occasioned his residence in that country; and there being at Cork a religious meeting of the people called Quakers, he was thoroughly and effectually convinced of their principles, by means of the preaching of one Thomas Loe, who ten years be- fore had made a great impression upon him ; and he thenceforward constantly attended the religious meetings of that people, even through the heat of persecution. Being again at a meeting in Cork, in the year 1667, he, with many others, was apprehended, and carried before the mayor, who, observing that his dress was not that usually worn by the Quakers, 782 THE HISTORY OF AMERICA. would have set him at liberty, upon bond, for his good behaviour ; but he refused to take advantage of the offer, and was, with about eighteen others, committed to prison. During his residence in Ire- land he had formed an intimate acquaintance with many of the nobility and gentry ; and being now a prisoner, he wrote a letter, on the occasion, to the earl of Orrery, lord-president ofMunster; in which he informed him of his situation, pleaded his inno- cence, and boldly exhibited the inconsistency with true Christianity, as well as the ill policy, of such kind of persecution, especially in Ireland. The earl immediately ordered his discharge : but his imprisonment was so far from terrifying him, that it strengthened him in his resolution of a closer union with that people, whose religious innocence appeared to be the only crime for which they suf- fered. His more openly joining with the Quakers brought on him a great deal of odium. His father sent for him home; and upon his return, though there was no great alteration in his dress, yet his manners were manifest indications of the truth of the information which his father had received. " And here my pen," says the writer of his life, " is diffident of her abilities to describe that most pa- thetic and moving contest between his father and him. His father, by natural love, principally aim- ing at his sou's temporal honour; he, guided by a divine impulse, having chiefly in view his own eternal welfare ; his father, grieved to see the well- accomplished son of his hopes, now ripe for worldly promotion, voluntarily turn his back on it; he, no less afflicted, to think that a compliance with his earthly father's pleasure was inconsistent with an obedience to his heavenly one ; his father pressing his conformity to the customs and fashions of the times; he modestly craving leave to refrain from what would hurt his conscience; his father ear- nestly entreating him, and, almost on his knees, beseeching him to yield to his desire; he, of a loving and tender disposition, in extreme agony of spirit, to behold his father's concern and trouble ; his father threatening to disinherit him ; he hum- bly submitting to his father's will therein ; his father turning his back on him in anger; he lift- ing up his heart to God for strength, to support him in that time of trial !" During this contest, the same writer mentions one very remarkable instance, among others, of his sincerity. " His father, finding him too fixed to be brought to a general compliance with the customary compliments of the times, seemed inclinable to have borne with him, in other respects, provided he would be uncovered in the presence of the king, the duke, and himself; this being proposed, he de- sired time to consider of it ; which his father sup- posing to be with an intention of consulting his friends, the Quakers, about it, he assured him that he would see the face of none of them, but retire to his chamber, till he should return him an answer. Accordingly he withrew, and, having humbled him- self before God, with fasting and supplication, to know his heavenly mind and will, he became so strengthened in his resolution, that, returning to his father, he humbly signified, that he could not comply with his desire therein. " Whan all endeavours proved ineffectual to shake his constancy, and his father saw himself ut- terly disappointed of his hopes, he could no longer endure him in his sight, but turned him out of doors the second time. Thus exposed to the charity of his friends, having no other subsistence (except what his mother privately sent him), he endured the cross with a Christian patience and magnani- mity, comforting himself with the promise of Christ ; ' Verily I say unto you, there is no man, that hath left house, or parents, or brethren, or wife, or chil- dren, for the kingdom of God's sake, who shall not receive manyfold more, in this present time, and in the world to come, life everlasting.' " After a considerable time, his steady perseverance evincing his integrity, his father's wrath became somewhat mollified, so that he winked at his return to, and continuance in his family; and though he did not publicly seem to countenance him, yet, when imprisoned for being at meetings, he privately used his interest to get him released. " About the year 1668, being the 24th of his age," continues his biographer, " he first appeared in the work of the ministry, rightly called to, and quali- fied for, that office ; being sent of God to teach others what himself had learned of him ; commis- sioned from on high to preach to others that holy self-denial which himself had practised ; to recom- mend to all that serenity and peace of conscience which himself had felt; walking in the light, to call others out of darkness; having drank of the water of life, to direct others to the same fountain ; having tasted of the heavenly bread, to incite all men to partake of the same banquet ; being re- deemed by the power of Christ, he was sent to call others from under the dominion of Satan, into the glorious liberty of the sons of God, that they might receive remission of sins, and an inheritance among them that are sanctified through faith in Jesus Christ." About this time he published several of his first compositions now extant in his printed works ; one of which, entitled, "The Sandy Foundation shaken," was written in consequence of a dispute which he had in London with one Vincent, a presbyter. In this he exposed the vulgar notion of the Trinity, and some other religious tenets ; which gave so much offence to those in power in the church, that they immediately took the old method of reforming what they called error, by their strongest argument viz. " An order for imprisoning him in the Tower of London ;" where he was under close confinement, and even denied the visits of his friends. But yet his enemies did not obtain his conversion ; for when, after some time, his servant brought him word, that the bishop of London was resolved he should either publicly recant, or die a prisoner, he made this reply : "All is well : I wish they had told me so before ; since the expecting a release put a stop to some business : thou mayest tell my father, who, I know, will ask thee these words; that my prison shall be my grave, before I will budge a jot; for I owe my conscience to no mortal man. I have no need to fear: God will make amends for all. They are mistaken in me ; I value not their threats and reso- lutions : for they shall know I can weary out their malice and peevishness; and in me shall they all behold a resolution above fear ; conscience above cruelty ; and a baffle put upon all their designs, by the spirit of patience, the companion of all the tri- bulated flock of the blessed Jesus, who is the author and finisher of the faith that overcomes the world, yea, death and hell too. Neither great nor good things were ever attained without loss and hard- ships. He that would reap and not labour must faint with the wind, and perish in diappointments : but a hair of my head shall not fall without the providence of my Father, that is over all. UNITED STATES. " A spirit warmed with the love of God," says the writer of his life, " and devoted to his service, ever pursues its main purpose: he, being now re- strained from preaching, applied himself to writing ; several treatises were the fruits of his solitude, par- ticularly that excellent one, entitled, ' No cross, no crown ;' a book, which, tending to promote the general design of religion, was well accepted, and soon past several impressions." He also, in the year 1669, wrote from the Tower a letter to Lori Arlington, then principal secretary of state, by whose warrant he was committed, in vin- dication of his innocence, and to remove some asper- sions cast upon him ; in this letter, with gi'eat bold- ness, and elegance of style, he pleads the reason- ableness of toleration in religion, shows the extreme injustice of his imprisonment, and declares his firm resolution to suffer, rather than give up his cause ; he likewise requests the secretary to lay his case before the king, and desires he may be ordered a release; but, if that should be denied, he entreats the favour of access to the royal presence, or at least, that the secretary himself would please to give him a full hearing, &c. And in order to clear himself from the aspersions cast on him, in relation to the doctrines of the Trinity, the incarnation, and satisfaction of Christ, he published a little book called, " Innocency with her open face," by way of apology for the " Sandy foundation shaken ;" in which apology he so successfully vindicated himself, that soon after its publication, he was discharged from his impri- sonment ; which had been of about seven months continuance. In the latter part of the summer this year, he went again to Ireland; and being arrived at Cork, he there visited his friends the Quakers, who were in prison, for their religion, attended the meetings of his so- ciety, and afterwards went from thence to Dublin ; where an account of his friends' sufferings being drawn up, by way of address, it was by him pre- sented to the lord-lieutenant. During his stay in Ireland, though his business, in the care of his father's estate, occupied a consi- derable part of his time, yet he frequently attended, and preached in the meetings of his friends, espe- cially at Dublin and Cork ; in one of which places he usually resided. He also wrote during his resi- dence there, several treatises, and took every op- portunity in his power to solicit those in authority, in behalf of his friends in prison : and, in the begin- ning of 1670, through his repeated applications to the chancellor, the Lord Arran, | and the lord-lieu- tenant, an order of council was obtained for their release. Having settled his father's affairs to his satisfaction, and done his friends, the Quakers, many services, he shortly after returned to England. In the year 1670 was passed the Conventicle act, which prohibited the meetings of the dissenters, under severe penalties. The rigour of this law was immediately executed upon the Quakers ; who not being used to give way in the cause of religion, were most exposed. Being kept out of their meeting- house in Gracechurch-street by force, they met in the street itself, as near it as they could ; and William Penn, preaching there, was apprehended, and by a warrant, dated the 14th August, 1670, from Sir Samuel Starling, the lord mayor, committed to Newgate ; and at the next sessions at the Old Bailey, was, together with William Mead, indicted for being present at, and preaching to, an unlawful, seditious and riotous assembly. At his trial he made such an excellent defence, as discovered at once both the pirit of an Englishman, and the undaunted mag" lanimity of a Christian ; insomuch that notwith" landing the most partial menaces of the bench, the ury acquitted him. The trial itself was soon after mnted; and it exhibits a signal instance of the attempts of the ignorance and tyranny of that time. Tt may be seen in his printed works. Not long after this famous trial, and his discharge Vom Newgate, his father died, entirely reconciled .o his sou ; to whom, as before observed, he left a ood estate. His death-bed declarations and ex- lortations are very remarkable, and may be seen 'n Penn's treatise, entitled, " No cross, no crown," imong the sayings of other eminent persons. He was about this time employed in defence of lis religious principles, in a public dispute with one Jeremy Ives, a celebrated Baptist; and afterwards in he December of the same year, being at Oxford, and observing the cruel usage and persecutionwhich his in- nocent friends suffered there from the junior scholars, oo much by the connivance of their superiors, he wrote a letter to the vice-chancellor, on the subject. In the winter this year, he also, while residing at Peun in Buckinghamshire, published a book, en- titled, " A reasonable caveat against Popery ;" wherein he both exposes and confutes many errune- ous doctrines of the church of Rome, and establishes he opposite truths, by sound arguments ; a work alone sufficient, on the one hand, to wipe off the calumny cast upon him, of being a favourer of the Romish religion ; and on the other, to show, that his principle being for an universal liberty of con- science, he would have had it extended, even to the papists themselves, under a security of their not persecuting others. In March 1671, while he was preaching at a reli- fjious meeting of his friends in Wheeler-street, Lon- don, he was forcibly seized by a party of soldiers, sent thither for that purpose, and carried to the Tower, by an order from the lieutenant. In his ex- amination, on this occasion, before the lieutenant of the Tower, Sir John Robinson, Starling the lord mayor, and others, his behaviour was very spirited. It may be seen in the printed account of his life, prefixed to his literary works ; in which, as the lieutenant's words and conduct appear imperious, and manifestly inimical, so his replies were smart, and bold: and, on the lieutenant's charging him with his having been as bad as other people, and that both at home and abroad, he received this re- markable answer from W. Penn, viz. " I make this bold challenge to all men. women and children upon earth, justly to accuse me, with ever having seen me drunk, heard me swear, utter a curse, or speak one obscene word (much less that I ever made it my practice), I speak this to God's glory, that has pre- served me from the power of those pollutions, and that, from a child, begot a hatred in me towards them. But there is nothing more common, than when men are of a more severe life than ordinary, for loose persons to comfort themselves with the conceit, ' that they were once as they are,' as if there were no collateral, or oblique line of the compass, or globe, men may be said to come from to the Arctic pole, but directly and immediately from the Antartic. ' Thy words shall be thy burden, and I trample thy slander, as dirt under my feet.' " He was sent prisoner to Newgate for six months ; where, during his confinement, he wrote several treatises, and occasional pieces of controversy, ex- tant in his works ; and the parliament being about to take measures for enforcing with greater severity 784 THE HISTORY OF AMERICA. the aforesaid conventicle act, he whose freedom o spirit a prison could not confine from advocating the cause of liberty, wrote from the same place the following paper, directed, " To the high court of Parliament. " Forasmuch as it hath pleased you to make an act, entitled, ' An act for suppressing seditious con- venticles, the dangerous practices of seditious secta- ries, &c.' and that, .under pretence of authority from it, many have taken the ungodly liberty o plundering, pillaging and breaking into houses, to the ruin and detriment of whole families, not re- garding the poor, the widow and the fatherless, be- yond all precedent, or excuse; and, that we are informed it is your purpose, instead of relaxing your hand, to supply the defects of that act, by such ex- planatory clauses as will inevitably expose us to the fury and interest of our several adversaries; thai under pretence of answering the intents of the said act, will only gratify their private humours, ami doubtless extend it beyond its original purpose, to the utter destruction of us, and our suffering friends. " We, therefore, esteem ourselves obliged, in Christian duty, once more to remonstrate. " First, That we own civil government, or magis- tracy, as God's ordinance, for the punishment of evil-doers, and the praise of them that do well; and though we cannot comply with those laws that pro- hibit us to worship God, according to our consci- ences, as believing it to be his alone prerogative, to preside in matters of faith and worship, yet we both own and are ready to yield obedience to every ordi- nance of man, relating to human affairs, and that for conscience sake. " Secondly, That we deny and renounce, as a horrible impiety, all plots and conspiracies, or to promote our interest, or religion, by the blood and destruction of such as dissent from us, or yet those that persecute us. " Thirdly, That in all revolutions we have de- meaned ourselves with much peace and patience (disowning all contrary actings), notwithstanding the numerous prosecutions of cruel and ungodly men ; which is a demonstration of our harmless behaviour, that ought not to be of little moment with you. Fourthly, That as we have ever lived most peace- ably under all the various governments, that have *been since our first appearance (notwithstanding we have been as their anvil to smite upon), so we do hereby signify, that it is our fixed resolution to con- tinue the same ; that where we cannot actually obey, we patiently shall suffer, (leaving our inno- cent cause without daring to love ourselves unto the death, for our blessed testimony's sake,) thereby manifesting to the whole world, that we love God above all, and our neighbours as ourselves. " If this prevails not with /you to suspend your thoughts of reinforcing your former act, we do desire that we, or some of our friends, 'may receive a free hearing from you (as several of us had upon the first act for uniformity), having many great and weighty reasons to offer^against all such severe proceedings, to the end all wrong measures of us, and of our prin- ciples maybe rectified; and, that you, being better informed of both, may remove our heavy burdens, and let the oppressed go free ; for such moderation will be well pleasing both to God and good men. " From us who are prisoners, at Newgate (for conscience sake), on behalf of ourselves, and all our suffering friends in England, &c. " WILLIAM PENN, and several others. "Newgate, second month, 1671." His six months' imprisonment in Newgate, being expired, he was sot at liberty, and shortly after went into Holland and Germany. Of his business, or services, at this time, in these countries, we find no particular account, besides some small memoran- dums made in his journal of his subsequent travels afterwards into those countries. In the beginning of the year 1672, and the 28th of his age, he married Gulielma Maria Springett, daughter of Sir Wiliaii Sprinsett, formerly of Dar- ling in Sussex; who was killed in the time of the civil wars, at the siege of Bamber; and whose' widow was afterwards married to Isaac Penington, of Peter's Chalfont, in Buckinghamshire; in whose family her daughter was brought up ; a young woman, of an excellent disposition, and agreeable per- son. Afterwards, fixing upon a convenient habita- tion at Rickmcrsworth, in Hertfordshire, he re- sided there with his family, often visiting the meet- ings of his friends. In the September of 1672, he visited his friends in Kent, Sussex, and Surrey ; of which his memo- randums furnish us with a proof of that singular in- dustry which the dissenting ministers exercise m the discharge of their office ; for in the space of 21 days, he with his companion were present at, and preached to, as many assemblies of people, at dis- tant places, viz. Rochester, Canterbury, Dover, Deal, Folkstone. Ashford, and other places in Kent ; at Lewes, Horsham, Stenning, &c. in Sussex ; and at Charlevvood and Ryegatf in Surrey. " Great was their service in these counties;" says the writer of his life, " their testimonies, effectual to the strength- ening of their friends, silencing of gainsayers, and to a general edification, were received by the people with joy, and openness of heart; and themselves in the performance of their duty, filled with spiritual consolation." Penn gives the following account of their last meeting in that journey, being at Ryegate : " The Lord sealed up our labours and travels ac- cording to the desire of my soul and spirit, with his heavenly refreshments, and sweet living power and word of life, unto the reaching of all, and consola- ting our own hearts abundantly ;" and he concludes his narrative with saying : " And thus hath the Lord been with us, in all our travels for his truth ; and with his blessings of peace are we returned; which is a reward beyond all worldly treasure." About this time many opposers of the Quakers, some of whom being dissenters themselves, who had enough to do in time of persecution, by a cautious privacy, which they called Christian prudence, to secure their heads from the storm, began, under the sun-shine of the king's indulgence, to peep out, and [in the words of the writer of Penn's life) by gain- saying the truth, to make its defence necessary ; so that he had plenty of controversial exercise for his pen, the remainder of this year, and the two next ensuing ; which produced several valuable treatises, extant in his works, together with many remark- able and excellent letters and epistles, written both ;o single persons, and collective bodies, in England, Holland, Germany and elsewhere ; which, as they are principally of a religious, and some of them of a political nature, may likewise be seen in his printed writings.",' Among these appears the following letter o a Roman Catholic, viz. " My Friend, " Christ Jesus did redeem'a people with his most >recious blood, and the ancient church of Rome, imong other churches, was one ; but as the sea oses and gets, and as prosperity changes its sta- UNITED STATES. 785 tion, so the chastity of the church of Rome is lost; she having taken in principles and discipline, that are not of Christ, neither can be found in the Holy Scriptures. " If thou wert to die, wouldest not thou leave a plain will to thy children ? so have Christ and his apostles, in the Scriptures. Read, and thou mayest behold the simplicity, purity, meekness, patience, and self-denial of those Christians and churches. They are Christ's that take up his cross to the glory and spirit of this world; which the church of Rome lives in. Behold the pride, luxury, cruelty, that have, for ages, been in that church, even the heads and chieftains thereof! It is a mistake to think that Christ's church, which has lost its hea- venly qualifications, because it once was. What is become of Antioch, Jerusalem, &c. both churches of Christ, and before Rome? Nor is it number, (the devil has that;) nor antiquity, (for he has that;) but Christ-likeness, and conformity to Jesus; who hath divorced those that have adulterated ; and though he had left but two or three (though there were thousands), yet he would be in the midst of them : and they have been in the wilderness, people crying in sackcloth. The generality declined from Christ's spirit ; and it was lost, and the teachings of it : and then came up form, without power, and a wrathful spirit, to propagate it; and this made up the great whore, that looked like the Lamb's bride, Christ's church, but was not; which God will judge. Remember that God was not without a church, though the natural church and priesthood of the Jews apostatized : so in the case of the church of Rome. " Now is the Lord raising up his old power, and giving his spirit, and moving upon the waters (the people), that out of that state all may come, and know God in spirit, and Christ, his Son; whom he has sent into the people's hearts, a true light. And, my friend, build not upon fancies, nor the traditions of men, but Christ the sure foundation, as he appears to thee, in thy conscience ; that thou mayest feel his power to redeem thee, up to him- self, out of the earthly, sensual spirit, to know thy right eye plucked out, the true mortification ; and this brings thee to the church of the first-born, that is more divine and noble than an outward glittering church, that is inwardly polluted : for know, as thou sowest, thou reapest in the great day of account. So to God's spirit, in thy own conscience, do 1 re- commend thee, that leads out of all evil, and quick- ens thee to God, as thou obeyest it, and makes thee a child of God, and an heir of glory. I am in much haste, and as much love, " Thy true Friend, "WILLIAM PENN. " London, ninth October, 1675." In the year 1676 he became one of the principal persons concerned in settling West New Jersey, in America ; as we have already seen in the historv of that colony. About this time also he wrote to some persons of great rank in Germany, as appears in his works; encouraging them to a perseverance in the paths of virtue and true religion ; with the love, of which he had understood their minds were happily and divinely inspired. In the year 1677 he travelled into Holland and Germany, in company with several of his friends, the Quakers, on a religious visit, to these countries; of which there is extant, in his works, an account or journal, written by himself, in a plain and simple style. It does not appear to have been originally intended to be published ; for, in the preface to its first publication, he says, " It was written for my HIST. OF AMER. Nos. 99 & 100. own, and some relations, and particular friends' sa- tisfaction, as the long time it hath lain silent doth shew, but a copy, that was found among the late countess of Conway's papers, falling into the hands of a person that much frequented that family, he was earnest with me, both by himself and others, to have leave to publish it for a common good," &c. In this account are included several letters, epistles, and religious productions, written during his tra- vels, to persons of eminence and others, whom he either visited in person, or writing. It is continued from the 22d of July, 1677, when he left home, to the 1st of November, when he returned to his habi- tation, at Worminghurst, in Sussex. In this journal mention is made of his having re- ligious meetings, or paying personal visits, at Rot- terdam, Leyden, Haerlam, and Amsterdam; in which last place he made some stay, being em- ployed there in assisting to regulate and settle the affairs of his religious society in that city; and from thence he wrote to the king of Poland,- in favour of his persecuted and suffering friends, the Quakers, at Dantzic. He was also at Naerden, Osnaburgh, and Herwerden ; in the last of- which places he had religious meetings and agreeable conversation with the Princess Elizabeth Palatine and others. He visited Paderborn, Cassel, and Frankfort; where he made some stay, and wrote an epistle, " To the churches of Jesus throughout the world," &c. From thence he went through Worms to Crisheim, where he found a meeting of his friends, the Quakers ; and wrote to the princess before mentioned, and the countess of Homes, two Protestant ladies of great virtue and quality, at Herwerden. Thence by Frankenthall to Manheim; from which place he wrote to the prince elector Palatine of Heydel- burgh. He was likewise at Mentz and many other places on the Rhine; as Cullen, Duysburgh, &c. But, on account of his being a Quaker, he was pro- hibitjed to enter into Mulheim by the Graef, or earl of Br'uch and Falkensteyn, lord of that country ; on which occasion he wrote to him from Duysburgh, a sharp letter of reproof and advice; and to his daughter, the countess, a virtuous and religious lady, at Mulheim, on whose account his visit there was principally intended, he sent a consolatory epistle. He then visited Wesel, Rees, Emrick, Cleve, Nimeguen, Lippenhusen, Groningen, Embden, Bre- men, and the Hague; and many of these places several times, frequently writing letters of advice and religious comfort to religious persons of great quality and others. At the last-mentioned place he corrected and finished several long epistles, of a religious nature ; which were written and intended for the press, both in his first and second journey iu Germany; and which are now extant in his works. From the Hague he went to Delft, Wonderwick, and so to the Briel ; and from thence by the packet, to Harwich, and so home. After his return from Germany, the Quakers being harassed with severe prosecutions in the exchequer, on penalties of 201. per month, or two-thirds of their estates, by laws made against Papists, but unjustly exerted upon them ; Penn solicited the parliament for redress of those grievances, and presented peti- tions, on the occasion, both to the lords and commons; where, upon being admitted to a hearing before a committee, on the 22d of the month called March, 1 678, he made the following speeches : " If we ought to believe that it is our duty, ac- cording to the doctrine of the Apostle, to be always ready to give an account of the hope that is in us, 3 Z 786 THE HISTORY OF AMERICA. and that to every sober and private inquirer; cer- tainly much more ought we to hold ourselves obliged to declare, with all readiness, when called to it by so great authority, what is not our hope, especially when our very safety is eminently concerned in so doing, and that we cannot decline this discrimina- tion of ourselves from Papists, without being con- scious to ourselves of the guilt of our own suffer- ings ; for that must every man needs be, that suffers mutely, under another character than that, which truly and properly belongeth to him, and his belief. That which giveth me a more than ordinary right to speak, at this time, and in this place, is the great abuse, that I have received, above any other of my profession ; for, of a long time I have not only been supposed a Papist, but a seminary, a Jesuit, an emissary of Rome, and in pay from the Pope, a man dedicating my endeavours to the interest and ad- vancement of that party. Nor hath this been the report of the rabble, but the jealousy and insinua- tion of persons otherwise sober and discreet: nay, some zealous for the Protestant religion, have been so far gone in this mistake, as not only to think ill of us, and to decline our conversation, but to take courage to themselves, to prosecute us for a sort of concealed Papists ; and the truth is, what with one thing, and what with another, we have been as the wool-sacks, and common whipping-stock of the king- dom ; all laws have been let loose upon us, as if the design were not to reform, but to destroy us, and that not for what we are, but for what we are not. It is hard, that we must thus bear the stripes of an- other interest, and be their proxy in punishment ; but it is worse, that some men can please themselves in such a sort of administration. " I would not be mistaken, I am far from think- ing it fit that Papists should be whipped for their consciences, because I exclaim against the injustice of whipping Quakers for Papists : no, for though the hand pretended to be lifted up against ttoem, hath (1 know not by what direction) lit ^eavy upon us, and we complain; yet we do not mean, that any should take a fresh aim at them, or that they must come in our room ; for we must give the liberty we ask, and cannot be false to our princi- ples, though it were to relieve ourselves ; for we have good will to all men, and would have none suffer for a truly sober and conscientious dissent, on any hand : and I humbly take leave to add, that those methods, against persons so qualified, do not seem to me to be convincing, or indeed adequate to the reason of mankind ; but this I submit to your consideration. " To conclude, 1 hope we shall be held excused of the men of that profession, in giving this dis- tinguishing declaration, since it is not with design to expose them ; but, first, to pay that regard, we owe to the inquiry of this committee ; and, in the next place, to relieve ourselves from the daily spoil and ruin, which now attend and threaten many hundreds of families, by the execution of laws that we humbly conceive were never made against us." He afterwards made a second speech to the com- mittee as follows : " The candid hearing, our sufferings have re- ceived from the committee, and the fair and easy entertainment that you have given us, oblige me to add what ever can increase your satisfaction about us. I hope you do not believe, I would tell you a lie ; I am sure I should choose an ill time and place to tell it in ; but, I thank God it is too late in the day for that. There are some here that have known me fom.erly ; I believe they will say, I never was that man ; and it would be hard, if after a volun- tary neglect of the advantages of this world, I should sit down, in my retirement, short of common truth. " Excuse the length of my introduction, it is for this I make it. I was bred a Protestant, and that strictly too : I lost nothing by time or study ; for years, reading, travel and observations made the religion of my education the religion of my judg- ment: my alteration hath brought none to that be- lief; and though the posture lam in may seem odd, or strange to you, yet I am conscientious ; and (till you know me better) I hope your charity will rather call it my unhappiness than my crime. I do tell you again, and here solemnly declare, in the pre- sence of Almighty God, and before you all, that the profession I now make, and the society I now adhere to, have been so far from altering that Pro- testant judgment I had, that I am not conscious to myself of having receded from an iota of any one principle, maintained by those first Protestants and reformers of Germany, and our own martyrs, at home, against the Pope, and See of Rome. " On the contrary, I do, with great, truth, assure you, that we are of the same negative faith with the ancient Protestant church, and upon occasion, shall be ready by God's assistance to make it appear, that we are of the same belief, as to the most funda- mental positive articles of her creed too. And, therefore it is, we think it hard, that though wo deny, in common with her, those doctrines of Rome, so zealously protested against, from whence the name Protestants ; yet that we should be so unhappy as to suffer, and that with extreme severity, by those very laws on purpose made against the maintainers of those doctrines, we do so deny. We choose no suffering, for God knows what we have already suf- fered, and how many sufficient and trading families are reduced to great poverty by it. We think our- selves a useful people : we are sure we are a peace- able people ; but, if we still suffer, let us not suffer as Popish recusants, but as Protestant dissenters. " But I would obviate another objection, and that none of the least, that hath been made against us, viz. ' That we are enemies to government in gene- ral, and particularly disaffected to this we live under.' I think it not amiss, but very seasonable, yea, my duty, now to declare to you (and that I do with good conscience, in the sight of the Almighty God), first, that we believe government to be God's ordi- nance ; and next, that this present government is established by the providence of God, and law of the land, and that it is our Christian duty readily to obey it, in all just laws; and wherein* we cannot comply, through tenderness of conscience, in all such cases, not to revile, or conspire against the government, but, with Christian humility and pa- tience, tire out all mistakes about us ; and wait their better information; who, we believe, do as unde- servedly as severely treat us ; and I know not what greater security can be given by any people, or how any government can be easier from the subjects of it, " I shall conclude with this; that we are so far from esteeming it hard, or ill, that the house hath put us upon this discrimination, that, on the con- trary, we value it as we ought to do, for a high favour, (and cannot choose but see, and humbly acknowledge God's providence therein,) that you should give us this fair occasion to discharge our- selves of a burden we have, not with more patience UNITED STATES. 787 than injustice, suffered but too many years under ; and I hope our conversation shall always manifest the grateful resentment of our minds, for the justice and civility of this opportunity ; and so I pray God direct you." The committee agreed to insert in a bill, then depending, a proviso, or clause, for relief, in the case complained of; and it passed the House of Commons : but before it had gone through the House of Lords, it was quashed by a sudden prorogation of the parliament. About this time (1679) and the following year, the people's minds being disturbed with rumours of plots, apprehensions of a French invasion, and de- signs to subvert the Protestant religion, and intro- duce Popery, he wrote and published several pieces by way of advice to his friends, the Quakers, in par- ticular ; among which was published, in the year 1679, the excellent treatise, entitled, " An address to Protestants of all persuasions," &c. And in the year 1681, there being a fresh persecution against his friends, the Quakers, in the city of Bristol, he wrote them the following epistle (which is here in- serted as a characteristic specimen of him and his style of writing) : " To the friends of God in the city of Bristol. "This sent to be read among them, when as- sembled to wait upon the Lord. " My beloved in the Lord, " I do hereby send amongst you the dear and ten- der salutation of my unfeigned love, that is held in the fellowship of the lasting Gospel of peace, that has many years been preached and believed amongst you, beseeching the God and Father of this glorious day of the Son of man, to increase and multiply his grace, mercy and peace among you ; that you may be faithful, and abound in every good word and work, doing and suffering what is pleasing unto God ; that you may prove what is that good and acceptable and perfect will of God ; which it becomes you to be found daily doing ; that so an entrance may be ad- ministered unto you abundantly into the kingdom of our Lord and Saviour Jesus Christ, that is an ever- lasting kingdom. My beloved brethren and sisters, be not cast down at the rage of evil men, whose anger works not the righteousness of God; and whose cruelty the Lord will limit. Nothing strange, or unusual, is come to pass, it makes well for them, that eye the Lord in and through these sufferings : there is food in affliction, and though the instru- ments of it cannot see it, all shall work together for good to them that fear the Lord: keep your ground in the truth, that was, and is the saints' vic- tory. They that shrink, go out of it ; it is a shield to the righteous : feel it, and see, I charge you by the presence of the Lord, that you turn not aside the Lord's end towards you, in this suffering, by consulting with flesh and blood, in easing your ad- versaries ; for that will load you. Keep out of base bargainings, or conniving at fleshly evasions of the cross. Our Captain would not leave us such an ex- ample : let them shrink that know not why they should stand; we know, in whom we have believed : he is mightier in the faithful, to suffer and endure to the end, than the world, to persecute : call to mind those blessed ancients, ' That by faith over- came of old, that endured cruel mockings and scourgings, yea moreover, bonds and imprisonments, that accepted not deliverance (to deny their testi- mony), that they might obtain a better resurrec- tion :' They were stoned ; they were tempted ; they vrere sawn asunder ; they were slain With the sword ; but ye have not so resisted unto blood ; and it suffi- ceth, I hope, to you, that the Lord knoweth how to deliver the godly out of temptation, and to reserve the unjust unto the day of judgment, to be punished; when it may be truly said, ' It shall go well with the righteous, but very ill with the wicked.' The Lord God, by his power, keep your hearts living to him ; that it may be your delight to wait upon him, and receive the bounty of his love ; that, being fed with his daily bread, and drinking of his cup of blessing, you may be raised above the fear and trou- ble of earthly things and grow strong in him, who is your crown of rejoicing ; that, having answered his' requirings, and walked faithfully before 'him, you may receive in the end of your days, the wel- come sentence of gladness. Eternal riches are be- fore you, an inheritance incorruptible : press after that glorious mark : let your minds be set on things that are above, and when Christ, that is the glory of his poor people, shall appear, they shall appear with him in glory ; when all tears shall be wiped away, and there shall be no more sorrow, or sigh- ing," but they that overcome, shall stand as Mount Sion, that cannot be removed. " So, my dear friends and brethren, endure, that you may be saved, and you shall reap, if you faint not. What should we be troubled for ? our king- dom is not of this world, nor can be shaken by the overturning here below. Let all give glory to God on high, live peaceably on earth, and show good will to all men ; and our enemies will at last see they do they know not what, and repent, and glo- rify" God our heavenly Father. O ! great is God's work on earth. Be universal in your spirits, and keep out all straightness and narrowness : look to God's great and glorious kingdom, and its prospe- rity : our time is not our own, nor are we our own : God hath bought us with a price, not to serve our- selves, but to glorify him, both in body, soul and spirit ; and, by bodily sufferings for the truth, he is glorified : look to the accomplishing of the will of God, in these things ; that the measure of Christ's sufferings may be filled up in us, who bear about the ' dying of the Lord Jesus ;' else our suffering is in vain. Wherefore, as the flock of God, and family and household of faith, walk with your loins girded,being sober,hoping to the end, for the grace and kindness, which shall be brought unto you, at the revelation of Jesus Christ, to whom you and your's are committed : his precious Spirit minister unto you, and his own life be shed abroad plefcteously among you, that you may be kept blameless to the end. I am your friend and brother in the fellow- ship of the suffering for truth, as it is in Jesus, "WILLIAM PENN. " Worminghurst, 24th of the twelfth month, 1681." Having thus far pursued his biography, and hav- ing already, in the history of New Jersey, given an account of the share he took in settling that colony, we shall attend him in the settlement and coloniza- tion of his province of Pennsylvania. William Perm's tfhief design in the colonization of Pennsylvania Cause and manner of obtaining the grant King Charles H.'s royal charter to William Penn Boundary between Maryland and Pennsyl- vania, with the real extent and content of the latter The King's declaration Account of the pro- vince, terms of sale for land, and conditions of settle- ment published, with advice to the adventurers Free society of traders, fyc. On the death of Admiral Penn, there was a large 3 Z 2 788 THE HISTORY OF AMERICA. sum of money due from the government to him; much of which he himself had advanced for the sea service; and the rest was for arrears in his pay. In consequence of this debt, William Penn, in the summer of the year 1680, petitioned Charles II., that letters patent might be granted him, for a tract of land in America, lying north of Maryland ; en the east, bounded by Delaware river ; on the west limited as Maryland; and northward to extend as far as plautable. (1681.) This was first laid before the privy-coun- cil, and afterwards the lords of the committee of trade and plantations. After several meetings on the occasion, in which the objections from the duke of York, by his agent, Sir John Werden, as pro- prietor of that tract of land, since called the coun- ties of New Castle, Kent, arid Sussex, on Delaware; and from the Lord Baltimore, proprietor of Alary- land, were fully hoard and debated ; the Lord Chief Justice North,' and the attorney-general, Sir Wil- liam Jones, being consulted both respecting the grant itself, and also the form, or mariner of making it, the affair was at length decided in William Penn's favour; and he was, by charter, dated at Westminster, the 4th day of March, 1681, made and constituted full and absolute proprietor of all that tract of land and province, now called Penn- sylvania, and invested with the powers of govern- ment of the same. This charter is as follows : " The charter of Charles II., of England, Scotland, France, and Ireland, king, defender of the faith, &c. unto William Penn, proprietary and gover- nor of the province of Pennsylvania, " Charles, by the grace of God, king of England, Scotland, France, and Ireland, defender of thr faith, &c. to all, to whom these presents shall come greeting : " Whereas our trusty and well-beloved subject William Penn, Esq., son and heir of Sir William Penn, deceased (out of a commendable desire t( enlarge our British empire, and promote such usefu commodities as may be of benefit to us and our do minions, as also to reduce the savage natives, by just and gentle manners, to the love of civil society and Christian religion), hath humbly besought leav< of us, to transport an ample colony unto a certain country, hereinafter described, in the parts of Ame rica not yet cultivated and planted ; and hath like wise so humbly besought our royal majesty to give grant, *and confirm all the said country, with cer tain privileges and jurisdictions, requisite for the good goTernment and safety of the said country an colony, to him, and his heirs for ever. " I*. Know ye, therefore, that we (favouring the petition and good purpose of the said William Penn and having regard to the memory and merits of hi late father, in divers services, and particularly t his conduct, courage, and discretion, under ou dearest brother, James, duke of York, in that signa battle and victory, fought and obtained against th Dutch fleet, commanded by the Heer Van Opdam, in the year 16o5 : in consideration thereof, of our spe cial grace; certain knowledge, and mere motion have given and granted, and, by this our presen charter, for us. our heirs and successors, do give an grant unto the said William Penn, his heirs an assigns, all that tract, or part of laud in America with the islands therein contained, as the same f bounded, on the east by Delaware river, from twelv miles distance northwards of New Castle town unto the 43d degree of northern latitude, if the sai ver doth extend so far northward, but if the said ver shall not extend so far northward, then, by itia aid river, so far as it doth extend; and from the ead of the said river, the eastern bounds are to be- et ermined by a meridian line, to be drawn from he head of the said river, unto the said 43d degree. "he said land to extend westward five degrees in ongitude, to be computed from the said eastern ouiuls; and the said lands to be bounded on thtr orth by the beginning of the 43d degree of nor- tiern latitude, and on the south by a circle, drawn t twelve miles distance from New Castle, north- ward and westward, unto the beginning of the 1 Oth degree of northern latitude ; and then by a traight line westward to the limits of longitude bove mentioned. ' II. We do also give and grant unto the said William Penn, his heirs and assigns, the free, and ndisturbed use, and continuance in, and passage nto, and out of all and singular ports, harbours, ays, waters, rivers, isles, and inlets, belonging unto, r leading to, and from, the country, or islands aforesaid, and all the soils, lands, fields, woods, un- lerwoods, mountains, hills, fenns, isles, lakes, rivers, aters, rivulets, bays, and inlets, situated, or being vithin, or belonging to, the limits, or bounds, afore- aid, together with the fishing of all sorts offish, whales, sturgeon, and all royal, and other fishes, iit he seas, bays, inlets, waters, or livers, within the ^remises, and all the fish taken therein ; and also all veins, mines, minerals and quarries, as well dis- covered as not discovered, of gold, silver, gemms, and precious stones, and all other whatsoever, be it stones, metals, or of any other thing or matter whatsoever, found, or to be found, within the coun- try, isles, or limits aforesaid. " III. And him, the said William Penn, his icirs and assigns, we do by this our royal charter, for us, our heirs and successors, make, create, and constitute the true and absolute proprietary of the country aforesaid, and of all other the premises; saving always to us, our heirs and successors, the faith and allegiance of the said William Penn, his heirs and assigns, and of all other proprietaries, tenants and inhabitants, that are, or shall be, within the territories and precincts aforesaid ; and saving also unto us, our heirs and successors, the sove- reignty of the aforesaid country; to have, hold, possess, and enjoy the said tract of land, country, isles, inlets, and other the premises, unto the said William Penn, his heirs and assigns for ever, to be holden of us, our heirs and successors, kings of England, as of our castle of Windsor, in the county of Berks, in free and common soccage, by fealty only, for all services and not in capite, or by knight service: yielding and paying therefore to us, our heirs and successors, two beaver skins, to be deli- vered at our castle of Windsor, on the 1st day of January in every year ; and also the fifth part of all gold and silver oar, which shall, from time to time, happen to be found within the limits aforesaid, clear of all charges. And of our further grace-, certain knowledge, mere motion, We have thought fit to erect, and we do hereby erect, the aforesaid country and islands into a province and seigniory, and do' call it Pensilvania, and so from henceforth will have it called. " IV. And, for as much as, we have hereby made and ordained the aforesaid William Penn, his heirs and assigns, the true and absolute proprietaries of all the lands and dominions aforesaid, Know ye, therefore, that we (reposing special trust and con- UNITED STATES. 789 fidence in the fidelity, wisdom, justice, and provi dent circumspection of the said William Penn) fo; us, our heirs and successors, do grant free, full, ant absolute power, by virtue of these presents, to him and his heirs, to his, and their deputies and lieute- nants, for the good and happy government of the said country, to ordain, make, and enact, and, under his and their seals, to publish any laws what- soever, for the raising of money for public uses o the said province, or tor any other end, appertain ing either unto the public state, peace, or safety o the said country, or unto the private utility of par- ticular persons, according unto their best discretion, and with the advice, assent, and approbation of the freemen of the said country, or the greater part of them, or of their delegates, or deputies, whom, for the enacting of the said laws, when, and as often a? need shall require, we will that the said William Penn, and his heirs, shall assemble, in such sort and form, as to him and them shall seem best, and the same laws duly to execute, unto and upon all people, within the said country and limits thereof. " V. And we do likewise give and grant unto the said William Penn, and to his heirs, and their de- puties and lieutenants, full power and authority to appoint and establish any judges and justices, ma- gistrates, and other officers whatsoever, (for the probates of wills, and for the granting of adminis- tration within the precincts aforesaid, and with what power soever, and in such form, as to the said Wil- liam Penn, or his heirs shall seem most convenient:) also to remit, release, pardon, and abolish (whether before judgment or after) all crimes and offences whatsoever, committed within the said country, against the laws (treason and wilful and mali- cious murder only excepted, and, in those cases, to grant reprieves, until our pleasure may be known therein), and to do all and every other thing and things, which unto the complete establishment of justice, unto courts and tribunals, forms of judica- ture, and manner of proceedings do belong, al- though, in these presents, express mention be not made thereof; and by jiulges, by them delegated, to award process, hold pleas, and determine, in all the said courts and tribunals, all actions, suits, and causes whatsoever, as well criminal as civil, personal, real, and mixt ; which laws, so as aforesaid, to be published, our pleasure is, and so we enjoin, re- quire, and command, shall be most absolute and available in law ; and that all the liege people and subjects of us, our heirs and successors, do observe and keep the same inviolably in those parts, so far as they concern them, unde'r the pain therein ex- pressed, or to be expressed. Provided, nevertheless, That the same laws be consonant to reason, and not repugnant or contrary, but (as near as conve- niently may be) agreeable to the laws and statutes, and rights of this our kingdom of England ; and saving and reserving to us, our heirs and successors, the receiving, hearing, and determining of the ap- peal and appeals of all, or any person, or persons, of, in, or belonging to the territories aforesaid, or touching any judgment to be there made, or given. " VI. And, for as much as, in the government of so great a country, sudden accidents do often happen, whereunto it will be necessary to apply remedy, before the freeholders of the said province, or their delegates, or deputies, can be assembled, to the making of laws ; neither will it be convenient, that instantly upon every such occasion, so great a multitude should be called together : therefore (for the better government of the baid country) we will and ordain, and by these presents, for us, our heirt and successors, do grant unto the said William Penn and his heirs, by themselves, or by their ma- gistrates and officers, in that behalf, duly to be or- dained, as aforesaid, to make and constitute tit and wholesome ordinances, from time to time, within the said country to be kept and observed, as well for the preservation of the peace, as for ttie better go- vernment of the people there inhabiting ; and pub- licly to notify the same to all persons whom the same doth, or may any ways concern. Whirh ordi- nances our will and pleasure is shall be observed inviolably within the said province, under the pains therein to be expressed, so as the said ordinances be consonant to reason, and be not repugnant nor contrary, but (so far as conveniently may be) agree- able with the laws of our kingdom of England, and so as the said ordinances be not extended, in any sort, to bind, change, or take away the right, or in- terest of any person, or persons, for, or in, their life, members, freehold, goods, or chattels. And our farther will and pleasure is, Tiiat the laws for re- gulating and governing of property within the said province, as well as for tiie descent and enjoyment of lands, as like-wise fur the enjoyment and succes- sion of goods and chattels, and likewise as to felo- nies, shall be, and continue the same, as they shall be for the time being by the general course of the law in our kingdom of England, until the said laws- shall be altered by the said William Penn, his heirs, or assigns, and by the freemen of the said province,, their delegates, or deputies, or the greater part of them. " VII. Affd to the end that the said William Penn, or his heirs, or other the planters, owners, or inhabitants of the said province may not, at any time hereafter (by misconstruction 'of the power aforesaid) through inadvertency, or design, depart from that faith and due allegiance, which by the laws of this our realm of England, they and all our subjects, in our dominions and territories, always owe to us, our heirs and successors, by colour of any extent, or largeness of powers hereby given, or pre- tended to be given, or by force or colour of any laws hereafter to be made, in the said province, by virtue of any such powers; our further will and pleasure is, that a transcript or duplicate of all laws which shall be so, as aforesaid, made and published within the said province, shall, within five years after the making thereof, be transmitted and deli- vered to the privy-council, for the time being, of us, our heirs and successors: and if any of the said laws, within the space of six months after that they shall be so transmitted and delivered, be de- clared by us, our heirs and successors, in our, or their privy -council, inconsistent wiih the sove- reignty, or lawful prerogative of us, our heirs and successors, or contrary to the faith and allegiance due to the legal government of this realm, from the said William Penn, or his heirs, or of the planters and inhabitants of the said province, and that there, upon any of the said laws shall be adjudged and declared to be void by us, our heirs and successors, under our or their privy seal, that then, and from thenceforth such laws, concerning which such judg- ment and declaration shall be made, shall become void : otherwise the said laws, so transmitted, shall remain and stand in full force, according to the true ntent and meaning thereof. " VIII. Furthermore, that this new colony may he more happily increase by the multitude of people esorting thither; therefore we, for us, our heirs 790 THE HISTORY OF AMERICA. and successors, do give and grant by these presents, power, licence, and liberty unto all the liege people and subjects, both present and future, of us, our heirs and successors (excepting those, who shall be especially forbidden), to transport themselves and families unto the said country, with such conveni- ent shipping, as, by the laws of this our kingdom of England, they ought to use, and with fitting provi- sion ; paying only the customs therefore due, and there to settle themselves, dwell and inhabit and plant, for the public, and their own private ad- vantage. " IX. And furthermore, that our subjects may be the rather encouraged to undertake this expedition, with ready and cheerful minds, know ye, That we, of our special grace, certain knowledge, and mere motion, do give and grant, by virtue of these pre- sents, as well unto the said William Penn, and his heirs, as to all others, who shall, from time to time, repair unto the said country, full licence to lade and freight in any ports whatsoever of us, our .heirs and successors, according to the laws made, or to be made, within our kingdom of England, and unto the said country, by them, their servants or assigns, to transport all and singular their goods, wares and merchandizes, as likewise all sorts of grain whatso- ever, and all other things whatsoever, necessary for food or clothing not prohibited by the laws and statutes of our kingdom and dominions, to be carried out of the said kingdom, without any let, or moles- tation of us, our heirs and successors, or of any of the officers of us, our heirs or successors ; saving always to us, our heirs and successors, the legal imposi- tions, customs, or other duties and payments for the said wares and merchandizes, by any law or statute, due, or to be due to us, our heirs and successors. " X. And we do further, for us, our heirs and successors, give and grant unto the said William Penn, his heirs and assigns, free and absolute power, to divide the said country and islands into towns, hundreds and counties, and to erect and incorporate towns into burroughs, and burroughs into cities, and to make and constitute fairs and markets therein, with all other convenient privileges and immunities, according to the merits of the inhabitants, and the fitness of the places, and to do all, and every other thing and things, touching the premises, which to him, or them, shall seem meet aud requisite ; albeit they be such, as of their own nature might other- wise require a more special commandment and war- rant, than, in these presents, is expressed. " XL We will also, and, by these presents, for us, our heirs and successors, we do give and grant licence, by this our charter, unto the said William Penn, his heirs and assigns, and to all the inhabi- tants and dwellers in the province aforesaid, both present and to come, to import or unlade, by them- selves or their servants, factors, or assigns, all mer- chandizes and goods whatsoever, that shall arise oi the fruits and commodities of the said province, either by land or sea, into any of the ports of us, our heirs or successors, in our kingdom of England, and not into any other country whatsoever : and we give him full power to dispose of the said goods, in the said ports ; and, if need be, within one year after the unlading of the same, to lade the said merchandize and goods again, into the same or other ships, and to transport the same into any other countries, either of our dominions, or foreign, ac- cording to law; provided always, that they pay such customs and impositions, subsidies and duties for the same, to us, our heirs and successors, as the rest of our subjects of our kingdom of England, for the time being, shall be bound to pay, and do ob- serve the acts of navigation and other laws, in that behalf made. " XII. And further more, of our ample and special grace, certain knowledge and mere motion, we do, tor us, our heirs and successors, grant unto the said William Penn, his heirs and assigns, full and absolute power and authority, to make, erect and constitute within the said province, and the isles and nlets aforesaid, such and so many sea-ports, har- bours, creeks, havens, keys, and other places, for discharging and unlading of goods and merchan- dize, out of the ships, boats, and other vessels, and landing them unto such, and so many places, and with such rights, jurisdictions, liberties and privi- leges, unto the said ports belonging, as to him and them shall seem most expedient; and that all, and singular the ships, boats, and other vessels which shall come for merchandize and trade into the said province, or out of the same, shall be laden, or un- laden, only at such ports as shall be created and constituted by the said William Penn, his heirs or assigns (any use custom or thing to the contrary notwithstanding). Provided that the said William Penn and his heirs, and the lieutenants and gover- nors, for the time being, shall admit and receive in and about all such havens, ports, creeks and keys, all officers and their deputies who shall, from time to time, be appointed for that purpose by the far- mers, or commissioners of our customs for the time being. " XIII. And we do further appoint and ordain, and by these presents for us, our heirs and succes- sors, we do grant unto the said William Penn, his heirs and assigns, that he the said William Penn, his heirs and assigns, may, from time to time, for ever, have and enjoy the customs and subsidies in the ports, harbours and other creeks, and places afore- said, within the province aforesaid, payable, or due for merchandize and wares there to be laded and unladed, the said customs and subsidies to be rea- sonably assessed, upon any occasion by themselves and the people there, as aforesaid to be assembled, to whom we give power by these presents, for us, our heirs and successors, upon just cause, and due proportion to assess and impose the same ; saving unto us, our heirs and successors, such impositions and customs, as by act of parliament, are, and shall be appointed. " XIV. And it is our further will and pleasure, that the said William Penn, his heirs and assigns, shall, from time to time, constitute and appoint an attorney, or agent, to reside in, or near our city of London ; who shall make known the place where he shall dwell, or may be found, unto the clerks of our privy-council for the time being, or one of thorn, and shall be ready to appear in any of our courts at Westminster, to answer for any misdemeanor, that shall be committed, or by any wilful default, or neg- lect, permitted by the said William Penn, his heirs or assigns, against the laws of trade and navigation ; and after it shall be ascertained, in any of our courts, what damages we, or our heirs, or succes- sors, shall have sustained by such default or neglect the said William Penn, his heirs or assigns, shall pay the same within one year after such taxation, and demand thereof from such attorney ; or in case there shall be no such attorney by the space of one year, or such attorney shall not make payment of such damages, within the space of a year, and answer such other forfeitures aud penalties, within the said UNITED STATES. 791 time, as by acts of parliament, in England, arc ai shall be provided according to the true intent an meaning of these presents; then it shall be lawfi for us, our heirs and successors, to seize and r sume the government of the said province or countr and the same to retain, until payment shall be mac thereof: but notwithstanding any such seizure, i resumption of the government, nothing concernu the propriety or ownership of any lands, tenement or other hereditaments, goods or chatties of any the adventurers, planters or owners, other than th respective offenders there, shall any ways be affecte or molested thereby. " XV. Provided always, and our will and plea sure is, that neither the said William Penn, no his heirs, nor any other, the inhabitants of the sai province, shall, at any time hereafter, have or main tain any correspondence with any other king, princ or state, or with any of their subjects, who shal then be in war against us, our heirs and successors nor shall the said William Penn, or his heirs o any other inhabitants of the said province, mak< war, or do any act of hostility against any othe king, prince or state, or any of their subjects, wh< snail then be in league or amity with us, our heir and successors. " XVI. And because, in so remote a country, an situate near many barbarous nations, the incursions as well of the savages themselves, as of other ene mies, pirates and robbers, may probably be feared; therefore we have given, and for us, our heirs ane successors, do give power by these presents, to the said William Penn, his heirs and assigns, by them- selves, or their captains, or other their officers, to levy muster and train all sorts of men, of what condi- tion soever, or wheresoever born, in the said pro- vince of Pennsylvania for the time being, and to make war, and to pursue the enemies and robbers afore- said, as well by sea as by land, even without the limits of the said province, and, by God's assistance, to vanquish and take them ; and being taken, to put them to death by the law of war, or to save them, at their pleasure, and to do all and every other thing, which unto the charge and office of a captain-gene- ral of an army belongeth, or hath accustomed to belong, as fully and freely as any captain-general of an army hath ever had the same. " XVII. And furthermore, of our special grace, and of our certain knowledge and mere motion, we have given and granted, and, by these presents, for us, our heirs and successors, do give and grant unto the said William Penn, hi* heirs and assigns, full and absolute power, licence and authority, that he, the said William Peun, his heirs and assigns, from time to time hereafter for ever, at his or their own will and pleasure, may assign, alien, grant, de- mise, or enfeoff of the premises so many, and such parts and parcels to him, or them, that shall be willing to purchase the same, as they shall think fit ; to have and to hold to them, the said person or persons willing to take and purchase, their heirs and assigns, in fee simple, or fee tail, or for the term of life, lives, or years, to be held of the said William Penn, his heirs or assigns, as of the said seigniory of Windsor, by such services, customs, or rents, as shall seem meet to the said William Penn, his heirs or assigns, and not immediately of us, our heirs or successors. " XVIII. And to the same person or persons, and to all and every of them, we do give and grant, by these presents, for us, our heirs and successors, li- cence, authority and power, that such person or persons, may take the premises, or any parcel thereof, of the aforesaid William Penn, his heirs or assigns, and the same to hold to themselves, their heirs and assigns, in what estate of inheritance so- ever, in fee simple, or in fee tail, or otherwise, as to him the said William Peun, his heirs or assigns, shall seem expedient : the statute made in the parliament of Edward, the son of King Henry, late King of England, our predecessor (commonly called the statute, ' Quia Emptores Ten-arum',' lately published in our kingdom of England), in any wise notwithstanding. " XIX. And by these presents, we give and grant licence unto the said William Penn and his heirs, and likewise to all, and every such person or per- sons, to whom the said William Penn, or his heirs, shall, at any time hereafter, grant any estate, or in- heritance, as aforesaid, to erect any parcels of land, within the province aforesaid, into manors, by and with the licence, to be first had and obtained for that purpose, under the hand and seal of the said William Penn, or his heirs; and, in every of the said manors, to have and hold a court-baron, with all things whatsoever, which to a court-baron do be- ong, and to have and to hold view of frank pledge, c or the conservation of the peace, and the better go- vernment of those parts, by themselves, or their stewards, or by the lords for the time being, of the manors to be deputed, when they shall be erected, and* in the same, to use all things belonging to the fievr of frank pledge. And we do further grant iccnce and authority, that every such person or )ersons, who shall erect any such manor or manors, .s aforesaid, shall, or may, grant all, or any part f his said land to any person or persons, m fee imple, or any other estate of inheritance to be held f the said manors respectively, so as no further enure shall be created, but that upon all further, or ther alienations thereafter to be made, the said ands so aliened shall be held of the same lord and is heirs, of whom the aliener did then before hold, nd by the like rents and services, which were be- ore due and accustomed. " XX. And furthermore, our pleasure is, and by icse presents, for us, otir heirs and successors, e do covenant and grant to and with the said William Penn, his heirs and assigns, that we, our eirs and successors, shall, at no time hereafter et or make, or cause to be set or made, any inipo- tion, custom, or other taxation, rate, or contri- ution whatsoever, in and upon the dwellers and nhabitants of the aforesaid province, for their lands, inements, goods, or chattels, within the said pro- ince, or in and upon any goods and merchandises ithin the province, or to be laden, or unladen ithin the ports, or harbours of the said province, nless the same be 'with the consent of the proprie- ary, or chief governor, or assembly, or by act of >arliament in England. " XXI. And our pleasure is, and for us, our ;irs and successors, we charge and command, that is our declaration shall be from henceforth, from me to time, be received and allowed, in all our mrts, and before all the judges of us, our heirs, nd successors, for a s-ufficient lawful discharge, pay- ent and acquittance ; commanding all the officers nd ministers of us, our heirs and successors, and ijoining them upon pain of our highest displeasure, at they do not presume, at any time, to attempt iy thing to the contrary of the premises.or that they i, in any sort, withstand the same ; but, that they be", all times, aiding and assisting, as is fitting, to 792 THE HISTORY OF AMERICA. the said William Penn, and his heirs, and unto the inhabitants and merchants of the province aforesaid, their servants, ministers, factors, and assigns, in the full use and fruition of the benefit of this our charter. " XXII. And our farther pleasure is, and we do hereby, for us, our heirs and successors, charge and require, That, if any of the inhabitants of the said province, to the number of twenty, shall, at any time hereafter, be desirous, and shall, by any writing, or by any person deputed by them, signify such their desire to the bishop of London, for the time being, that any preacher, or preachers, to be approved of by the said bishop, may be sent unto them, for their instruction; that then such preacher, or preachers, shall and may reside within the said province, with- out any denial, or molestation whatsoever. " XXIII. And, if perchance hereafter any doubt or question should arise concerning the true sense and meaning of any word, clause, or sentence, con- tained in this our present charter, we will, ordain, and command, that, at. all times, and in all things, such interpretation be made thereof, and allowed, in any of our courts whatsoever, as shall be adjudged most advantageous and favourable unto the said William Penn, his heirs and assigns : provided al- ways no interpretation be admitted thereof, by which the allegiance due unto us, our heirs and successors, may suffer any prejudice or diminution; although express mention be not made in these presents of the true yearly value, or certainty of the premises, or any part thereof, or of other gifts and grants, made by us, and our progenitors, or predecessors, unto the said William Penn : any statute, act, ordi- nance, provision, proclamation, or restraint, hereto- fore had, made, published, ordained, or provided, or any other thing, cause, or matter whatsoever, to the contrary thereof in any wise notwithstanding. In witness whereof we have caused these our letters to be made patent: witness ourself, at Westminster, the 4th day of March, in the 33d year of our reign, annoque Domini, 1681. " By writ of privy seal, " PIGOTT." By the first section of this charter the extent and boundary of the province are expressed in such plain terms, that it might reasonably be supposed they could not easily be misunderstood: three degrees of latitude, included and bounded, between the begin- ning of the 40th. and the beginning of the 43d de- gree of north latitude, equal to about 208 English statute miles, north and south, with five degrees of longitude, westward from Delaware river, which, in the parallel of 41 degrees, are equal to nearly 265 miles, east and west, are as clearly and manifestly expressed to be granted to the proprietary of Penn- sylvania, as words can do it; and we are otherwise sufficiently certified that the same space, or quantity of land, was intended by the king to be included in the said grant; yet the dispute between the proprie- taries of Maryland and Pennsylvania, on this point, was afterwards remarkable, and of many years con- tinuance ; occasioned by each of the respective pro- prietaries claiming to himself the whole space, or extent of the land, contained in the 40th degree of latitude; which was the north boundary o Maryland, by patent of that province ; and which, though prior to that of Pennsylvania, specifies, or assigns, no particular part of the said degree, for the boundary, as the Pennsylvania grant doth : which space, or degree, containing near 70 Englis-h miles in breadth, north and south, and in length westward, so far as Maryland extends, was no small matter to occasion a dispute. But notwithstanding the clearness of the terms, by which the boundary between the said provinces is expressed in their respective charters, as above mentioned, yet this dispute was, at length, in the year 1732, finally settled, chiefly in favour of Mary- land ; by fixing the said boundary between the two provinces, only fifteen miles due south of the most southerly part of Philadelphia, or in the parallel of 39 degrees, 44 minutes nearly, instead of 39 degrees, or at the beginning of the 40th degree, as mentioned and intended by charter ; which renders the real extent of Pennsylvania, north and south, only about 155 miles, instead of 208, and makes the square miles, in the province about 41,000, and the num- ber of acres, 26,288,000. In consequence of this charter, on the second day of the ensuing April, the king issued a declaratioa to the inhabitants and planters of Pennsylvania, expressive of the grant, describing the bounds of the province, and enjoining them to yield all due obedience to the proprietary, &c. according to the powers granted by the said charter. Penn, having obtained these necessary requisites, immediately published such an account of the pro- vince as could then be given ; with the royal char- ter, and other information, offering easy terms of sale for lands, viz. 40 shillings sterling for 100 acres, and one shilling per annum for ever; and good conditions of settlement, to such as chose to be ad- venturers in the new country. To this offer and invitation to the people, he added such Christian advice, as indicated a rea. concern both for their temporal and eternal felicity, which he closed in these words : " To conclude, I desire all my dear country- folks, who may be inclined to go into those parts, to consider seriously the premises, well as the in- conveniency as future ease and plenty; that so> none may move rashly, or from a fickle, but from a solid mind ; having, above all things, an eye to the providence of God, in the disposing of them- selves ; and I would further advise all such, at least, to have the permission, if not the good liking, of their near relations ; for that is both natural, and a duty incumbent upon all. And by this will natu- ral affections be preserved, and a friendly and pro- fitable correspondence between them; in all which I beseech Almighty God to direct us; that his bless- ing may attend our honest endeavours; and then the consequence of all our undertakings will turn to the glory of his great name, and all true happi- ness to us and our posterity. Amen." On publishing these proposals, a great number of purchasers soon appeared in London, Liverpool, and especially about Bristol ; among whom were James Claypole, Nicholas Moore, Philip Forde, and others, who formed a company, called " The free society of Traders in Pennsylvania." These last- mentioned persons, with William Sharloe, Edward Pierce, John Simcock, Thomas Bracey, and Ed- ward Brooks, having purchased 20,000 acres of land, in trust for the said company, published arti- cles of trade, and entered into divers branches themselves; which were soon improved upon by others. Conditions, or concessions published Sailing of the first ship for Pennsylvania 'Joseph Kirkbride, tifc.- The proprietor's manner of treating the Indians His letter to them First frame of government and laws published Part of the preface to the same~ Purport of the frame, and one of the laws Duktqf UNITED STATES. 793 York's deed of release to William Penn The ter- ritories obtained, &fc. Boundary between the terri~ lories and Maryland. The proprietary, having already made conside- rable sales of land, agreed wilh the adventurers and purchasers on the first deed of settlement, which itself may be regarded as an essay towards a con- stitution of government, according to the powers granted him by charter. It consists chiefly of cer- tain rules of settlement, of treating the Indians with justice and friendship; and of keeping the peace, agreeable to the customs, usages, and laws of England, to be observed on their arrival in the country, and there to be altered as occasion should require. This compact was published under the title of " Certain conditions or concessions, agreed upon by William Penn, proprietary and governor of the province of Pennsylvania; and those who a-re the adventurers and purchasers in the same province, the llth of July, 1681." One of the sti- pulations in this instrument very particularly shows the provident care and knowledge of the proprietary in a matter, whose continued neglect will doubtless in future be found more important to the country than has been imagined, viz. " That in clearing the ground, care be taken to leave one acre of trees for every tive acres cleared, especially to preserve oak and mulberries for silk and shipping." Three ships sailed for Pennsylvania this year ; two from London, and one from Bristol. The John and Sarah, from London, commanded by Henry Smith, is said to have been the first that arrived there; the Amity, Richard Dimon, master, from the same place, with passengers, was blown off, to the West Indies ; and did not arrive at the province till the spring of the next year ; the Bristol Factor, Roger Drew, commander, arrived at the place where Chester now stands, on the llth of December; where the passengers, seeing some houses, went on shore, at Robert Wade's landing, near the lower side of Chester Creek ; and the river having been frozen up that night, the passengers remained there all the winter. Among the passengers in these ships were John Otter, Nathaniel Allen, and Edmund Lovett, with their families ; and several servants of Gover- nor Penn. Joseph Kirkbride, then a boy, being one of them, who afterwards became a person of im- portance in. the province. He is an instance, among many others that might be given, in the early time of this country, of advancement from a low beginning to rank of eminence and esteem, through industry, with a virtuous and prudent conduct. The difficul- ties, hardships, and trials of many of the well-disposed early settlers, however low in the world, rather vi- sibly tended to their promotion, and in some res- pects rendered them more useful and worthy mem- bers of society in this new country ; while others, even possessed of handsome patrimonies at first, but more improvident, and less accustomed to encounter with such difficulties, more commonly went to ruin, or^were reduced to indigence. And several worthy persons, who had not been used to labour, found, by grievous experience, that a dependence on such inheritances, even with otherwise prudent economy, in the early time of this country, where servants could scarcely be had, did not answer here, as in Europe ; so that for a series of years, those of the more wealthy who emigrated, and had before been used to a different manner of life, sometimes lost much of what they had possessed, and were re- duced to greater miseries and trials than the poorer and more laborious part of the settlers, who were generally more numerous, and got estates. In one of these ships sailed also William Mark- ham, a relation of the proprietary ; whom he had appointed his deputy-governor, and joined with him certain commissioners, to confer with the Indians, or Aborigines of the country, respecting their lands j and to confirm with them a league of peace. These commissioners were strictly enjoined to treat the natives with all possible justice and humanity. To cultivate a good understanding with these natives was a matter of sound policy; but Penn appears to have acted from higher and more dis- interested motives ; for he never received from the province any pecuniary advantage, during a period of near 37 years' continuance from this time; but even lost much of his other property by it. His ideas were too exalted to be confined within the narrow view of a temporary interest alone, and his conduct respecting these poor and savage people declared his regard for universal justice, and the natural rights of mankind; ever tending to impress on their minds a proper sense ofeternal justice, and the happy effects of kindness and peace. A speci- men of his manner of treating these people appears in the following letter which he sent them by his first deputy and commissioners: " London, the 1 8th of the eighth month, (Oct.) 1 681 . " My Friends, There is a great God and power, that hath made the worlromised compliance to his majesty's commands aforesaid. The land so claimed by me for the Lord Baltimore's use, being part of the said province of Maryland, granted to his lordship's father by King harles I., of sacred memory, and now wrongfully letained by the said William Penn, from his lord- hip. And, in witness, that I make this demand, have hereunto set my hand and seal, the 24th day if September, 1683. GEORGE TALBOT. (L. S)"" Penn, being at New York, at the time of this de- mand, after his return, made the following answer, iz. ; An answer to a demand made to Nicholas Moore, as my deputy, by Colonel George Talbot, the 24th of September, 1683, in pursuance of a commis- sion, from the Lord Baltimore, proprietary of Maryland and Avalon, dated the 17th of the same month. " The demand being grounded upon the commis- sion, I will take things in their order, and begin with the commission. ' The Lord Baltimore doth commissionate Colonel Talbot to go to the west side of the Skulkil to de- mand of William Penn, Esq., or his deputy, all [hat part of land on the west side of that river that lieth to the south of the 40th degree of northerly latitude. " I. I answer, it seems very slight, abrupt, and unprecedented for any person that is in the quality of a proprietary of a country, to send to another in the same circumstance, any extraordinary messen- ger, agent, or commissioner, without some letter or memorial, to state the demand, with the reasons of it ; the practice of the greatest princes, and might therefore (I conceive) be the condescension of lesser seigniories. " II. In the next place, William Penn. Esq., and the said Penn (the language of the commis- sion), is not my American style, nor that which belongs to me, in the matter in question ; for, as such, I keep no deputies. " III. I live not on the west side of Skulkil, nor any deputy of mine ; and I conceive Colonel Talbot could not, by that commission, come to the east side, to make his demand; which yet he did. " IV. I was absent, and at New York, when this commissioner came ; and I never did, nor never will, commission any deputy to treat and conclude away my inheritance, without my particular direction and command ; though, if I were to go for England, I would not disown the laws he should make in my absence, for public good, when I came back. UNITED STATES. 813 " V. Colonel Talbot is directed, in the commis- sion, to make the demand, according to a line, said to be run, in obedience to his majesty's command, in his letter of the 2d of April, 1681 ; but I say tha no line is yet run in obedience to his majesty's com- mand ; for the letter expressly saith, that the Lord Baltimore, or his agent, shall, together with my agent, agree to the latitude, and then run the line and bound the provinces accordingly ; which is no yet done : for those observations, and the line run by them, are performed by the Lord Baltimore, and his agents only, and therefore not according to his majesty's command, in his letter of the 2d of April, 1681, nor, in my opinion, common equity; for 1 knew nothing of them. " VI. To say (as his commission doth) that my commissioners refused to comply with the said let- ter, is hard for me to do ; since the chiefest of them brought it in my favour. But the truth is (if they say true, and circumstances favour them), the thing is improbable ; for the Lord Baltimore would have had them agreed to have taken an observation upon the riv^r Delaware, when as the king's letter (stating my bounds as they are expressed in my patent) begins twelve miles above Newcastle, upon the west side of Delaware river, and so to run to the 43d degree of north latitude upon the said river ; which makes it impossible that the Lord Baltimore could come within those limits to take an observa- tion, or run a line in pursuance of his majesty's commands, in the said letter ; since taking an ob- servation on Delaware river (which, say they, he pressed) is a plain violation of it. They further say, that they never refused, but pressed the taking of an observation according to his majesty's letter, which is grounded on the bounds of my patent; and when the Lord Baltimore and my agent had agreed to meet at Newcastle, and to proceed ac- cording to his majesty's letter, it is true that my agent came not, and as true, saith he, that the reason was the Lord Baltimore called immediately at Chichester, alias, Marcus Hooks, as he went to Newcastle, and forbad the inhabitants to pay me quit-rent, and named the place by a new name, before any line was run, or any observation agreed ; which being a declared breach of the king's com- mands, and theirjtreaty, in the opinion of my agent, he refused to meet the next day about a matter, the Lord Baltimore had in such a manner already determined. " VII. But what fault soever they were in, sure I am, that before an observation was agreed, or any line was run, I came in, and suddenly after waited upon the Lord Baltimore. I presented him with another letter from his majesty, which he was so far from complying with, that he looked upon the king as mistaken, and set his patent in direct op- position ; and to this day would never hear of com- plying with it in either of the two points it related to ; that is to say, his having but two degrees, and that beginning them at Watkins's point, he should admeasure them, at sixty miles to a degree, to ter- minate the north bounds of his province, Now, in my opinion, it was not proper to ground his pro- ceedings upon a former letter, in neglect of a later advice and command from his majesty : nor doth it look very just to make the caution or neglect of an agent, in the absence of his principal, a reason to proceed against his principal, when present with other instructions, without due regard had to him or his allegations. And I must say, that at Newcastle, when I pressed the Lord Baltimore to sit in one house with his council, and I would sit with mine in another, that we might treat by written memorials under our hands, to prevent mistakes, ill memory, or ill will, he refused, alleging he was not well ; I did then tell him I would wave what force or advantage I thought I had by the second letter, and proceed to meet him at the place he desired, which was the head of Chesapeak bay, and there try to find the fortieth degree of north latitude, provided he would first please to set me a gentle- manly price ; so much per mile, in case I should have no part of the bay by latitude ; that so I might have a back port to this province. This I writ, according to his desire, and sent after ; him to sell he refused, but started an exchange of part of that bay for the lower counties on the bay of Delaware. This, I presume, he knew I could not do, for his royal highness had the one half, and I did not prize the thing I desired at such a rate. Soon after this meeting, I understood that he had issued forth a proclamation some time before, to invite people to plant those parts in my possession, under his royal highness; and that also before any demand had been made, or our friendly treaty ended ; which I took so ill, in right of his royal highness, and that which his goodness had made mine, that I sent com- missioners (first to know the truth of it from his own mouth, before I would credit the intelligence I had received, and, if true) to complain of the breach of our friendly treaty, and that it might be repaired ; which he hath taken so ill (how de- servedly let the whole world judge), that he hath sent me letters of a very coarse style, such as in- deed could not be answered without those terms which unbecome men in our public stations, who, in the midst of all disagreements, ought to manage themselves with coolness and exact civility; and if in this I have at any time been short, let me but know it, and I, that think it a meanness of spirit to justify an error when committed, am not too stiff to ask him pardon. Here I left him, expecting his news when he came to the head of the bay, in Sep- tember, as I thought he promised me ; but instead of that, an observation is taken, a line run, and trees marked, without my notice, and a demand made thereupon, and all grounded on his majesty's letter of the 2d of April, 168] ; in which I must again say, I find no such direction, which bringeth me to the demand itself. :< VIII. To the demand, viz., Of all that land on Delaware river to fhe south of the 40th degree of north latitude, I have this to say, that it is very odd the demand should be made several months after the proclamation was put forth, to encourage people to plant most of the parts demanded ; but much more strange, that after the Lord Baltimore had declared under his hand, that he did not by that intend to break our amicable treaty, he should, without further provocation given, proceed to demand those parts ! Certainly, this was not in- tended to continue our friendship ; nor did it look with common decency, that Colonel Talbot should not think me worth leaving a letter at my house, where he lodged, when he went away, as well as the land worth such a demand. But, indeed, his arriage all along shews he came to defy me, not treat me like either a neighbour or gentleman. A sudden change amusing the king's people, under my charge, by threats, or drawing them off their obedience by degrading mine, and invitations to the Lord Baltimore's government. This I found at my return in his conduct (though not in his commis- sion) as some of the people do aver. 814 THE HISTORY OF AMERICA. " IX. But, in the next place, the Lord Baltimore hath no warrant to run his line to the river of De- laware, neither by the king's letter nor his own patent, if he peruseth them well, where he will find the bay, but not the river, of Delaware. " X. The land demanded is not a part of the province of Maryland, as is expressed in the de- mand; for it is in the jurisdiction of Delaware (alias Newcastle) which is by several acts of the assembly of Maryland, distinguished and disowned from being any part of that province. "XL The Lord Baltimore hath no land given him by patent, but what was unplanted of any but savage nations ; and this west side of the river Dela- ware, before, and at the passing of his patent, was actually bought and possessed by a civil and Chris- tian people, in amity with the crown of England ; and by the treaty of peace in 1653, between the English and Dutch, it was part of one article of the treaty, that the Dutch should enjoy those territories, iu America, of which this was a member ; and we uo know, foreign actions of that time and kind con- tinued firm after his majesty's restoration ; for Ja- maica still remains to us ; and Dunkirk itself was not rendered, but sold. To be short, I conceive, it is more for the Lord Baltimore's honour and safety, that it should be so, as I say, than other- wise : for if he claimeth what was possessed of the Dutch, on Delaware river, south of the 40th de- gree of north latitude, as what was lawfully under the English sovereignty, how cometh he to suffer part of his province to remain under a strange and foreign sovereignty to that, under which he held his claim. " XII. But, if the Lord Baltimore had a just pretence to this river, and former possession too, which he never had, yet being by the Dutch taken, and by the king taken from the Dutch, it becomes the conqueror's : for, it is known, that, if any of our English merchants ships be taken, and possessed but 24 hours, by an enemy, if retaken by the crown, they are prize : and this place was more than 24 years in the hands of the Dutch. This made his royal highness take out fresh patents, upon the opinion of council (since the last conquest) for his territories in America. Nor is the Lord Baltimore in the condition of an ordinary subject (in whose favour something might be alledged); for he hath regalia, principality, though subordinate to the king, as his style shews ; and I conceive he is bound to keep his own dominions, or else lose them ; and if lost to a foreigner, and taken by the sovereign, the sovereign hath the right ; another conqueror could plead. This is the present jus gentium, and law of nations ; which in foreign acquests prevaileth ; and the king accordingly has granted it, under his great seal of England, to his royal highness. And, if there were no truth in this, but the Lord Baltimore's patent were title good enough for what was actually another's before, and which he never enjoyed since, Connecticut colony might put in for New York, as reasonably as the Lord Baltimore can for Delaware, their patent having that part of the Dutch territories within its bounds, on the same mistake. " XIII. I shall conclude with this, that the king, by articles of peace, between him and the states of Holland, is the allowed owner of all that territory in America, once called New Netherland ; of which this is a part. He hath been graciously pleased to grant it by two patents, and this, in controversv, by one, under the great seal of England, to his dearest brother, James, duke of York and Albany, &c. And his royal highness, out of his y.inccly goodness, and singular regard, he was pleased to have, to the services and losses of my deceased father, hath interested me in part of the same ; go that he is lord, (and I am tenant) of him I hold, and to him I pay my rent ; and for him I improve, as well as myself ; and, therefore, 1 must take leave to refer the Lord Baltimore to his royal high- ness; who is a prince, doubtless, of too much honour to keep any man's right, and of too great resolu- tion, to deliver up his own ; whose example I am resolved to follow." " Philadelphia, 4th of October, 1683." Such appears to have been the state of this contro- versy, at this time. The year 1684 commenced with an incursion of a party of people from Mary- land, making forcible entry on several plantations into the " Lower counties :" upon which the gover- nor and council, at Philadelphia, sent a copy of the preceding answer to the Lord Baltimore's de- mand, with orders to William Welch, to use his influence, for ^instating the persons, who had been, dispossessed ; and in case mild measures would not do. he was directed legally to prosecute the invaders : but the former method appears at present to have answered the intention ; for no more of this kind of conduct was heard of till the next month ; when some of the inhabitants were again threatened with the same outrages, in case of their refusal to yield obedience to Lord Baltimore. The government issued a declaration, showing Penn's title, and such other requisites as were thought most likely to pre- vent such illegal proceedings in future. It is likewise observable about this time, that the methods then used, and the law, which had been made, tc prevent strong liquors from being sold to the Indians, did not fully answer the intention ; for these people, notwithstanding, through some un- principled persons among the European settlers, in a clandestine manner, still procured them. The governor, therefore, seeing >the great difficulty, if not the absolute impossibility, of debarring them from these liquors, called a number of them together, and proposed, that, on condition they would be con- tent to be punished, as the English were, in con- sequence of drunkenness, they should not be hin- dered from the use of them ? This they readily agreed to ; and would probably have been willing to endure much greater punishment on these terms ; so great is their love of strong liquors. The best methods that prudence could dictate, had been used, as it was thought, and much advice given them to inculcate an abhorrence of the vice of drunken- ness, but too generally without that effect, which was desired ; their appetite having so much the pre- valency over their reason, and their sensual desires, above their better understanding, that while they saw and acknowledged the means used for their real interest in this affair, to be good, they lived in the continued violation of them. The proprietary obliged to return to England Com- missions the provincial council to act in his absence, fyc. His letter at his departure Oldmixon't account Thomas Langhorne Death of Charlet II., and succession of James II. to the crown of England, with Penn's interest and service at court The dispute between Penn and Lord Baltimore, respecting the boundary of the territories decided, $c. Boundary lines between the counties of the province ascertained Proceedingi of th THE HISTORY OF AMERICA. thy people saved by his power ; my love to thee has been great, and the remembrance of thee affects mine heart and mine eye ! The God of eternal strength keep and preserve thee, to his glory and thy peace. " So, dear friends, my love again salutes you all, wishing that grace, mercy, and peace, with all temporal blessings, may abound richly among you ; so says, so prays, your friend and lover in the truth, " WILLIAM PENN. " From on board the Ketch Endeavour, the sixth month, 1684." In England, on the sixth of February, 1685, King Charles II. died; and was succeeded by his brother, James, duke of York, a professed Papist. The people were thereupon filled with great apprehensions and fears, lest, according to the usual practice of those religious devotees, who would compel all people under their power to their own mode of religion, as in the pers2cuting days of Queen Mary, he should endeavour, by the ruin of the Protestant, to establish the Popish, power and hie- rarchy in the nation. So that had the proprietary of Pennsylvania at this time fomented the general uneasiness, by encouraging multitudes, then greatly alarmed, he most probably might, as himself said, " Have put many more thousands of people into his province, as well as pounds into his pocket than he did." But the actions of Penn appear to have had more noble and generous motives than those of private interest, or of a party only; and, from that friend- ship and intimacy which he had with the king while duke of York, he now employed his interest with him, not only for the relief of his suffering friends, the Quakers (who then had long filled the gaols through the nation, on account of their religion), but also for the benefit of such other persons as were in distress or difficulty, without distinction of sect or party. Ke also, there is no doubt, in his private and friendly capacity advised the king both for his own real interest, and for that of the nation in general ; however much real advice was perverted or neglected by that infatuated monarch. For his more convenient attendance, therefore, at court, and for the easier performance of these acts of humanity, friendship, charity, and general service to his country, as well as his own private concerns, in the year 1685, he fixed his resilience near Kensington ; all which gave occasion to the ignorant, and his malicious enemies, to impute to him things in which he was no way concerned. Lord Baltimore's agent had, in the year 1683, petitioned Charles II., that no fresh grant of land, in the territories of Pennsylvania, might pass in favour of Penn, till that nobleman's case had been heard. This petition was referred to the lords of the committee of trade and plantation; which, after many attendances and examinations of both parties, made a report to James II; who, in No- vember 1685, by an order of council, determined the affair between them; by ordering a division to be made of all that tract of land between Dela- ware and Chesapeake bay, from the latitude of cape Henlopen, to the south boundary of Pennsylvania, into two equal parts ; of which that share on Dela- ware was assigned to the king ; and that on Chesa- peake, to the Lord Baltimore. This division was, by the king, in council, or- dered immediately to be made ; but its execution being many years delayed, Queen Ann was twice petitioned for a further hearing ; which being ob- tained, the first order of council, of 1685, was, by the queen, ratified and confirmed, in all its parts, and commanded to be put in execution, without further delay. In consequence, this territory, which before had been divided by William Penn, into the three counties of Newcastle, Kent, and Sussex, became bounded on the east, by the river and bay of Dela- ware, and partly by the ocean ; on the south, by an east and west line, drawn a few miles south of the Indian river, in latitude about thirty-eight and a half; which line extends half-way between the ocean, on the east, and Chesapeake bay on the west, 35 miles; and from thence on the west of the said counties, by a right line nearly in a north direc- tion to the south boundary of Pennsylvania; which is in a parallel of about fifteen miles due south of Philadelphia ; so that the said line touches the arch of a circle, drawn at twelves miles distance from Newcastle to the river Delaware ; and thence from the end of the said line, on the north-eastward, to the river Delaware, by the said arch. ' Hence the breadth of these counties, east and west, continues to decrease from their south boun- dary, where it is 35 miles, till it is only about twelve miles, at, or near the border of Pennsylva- nia. The said north and south line, from lati- tude 38 degrees, 30 minutes, to 39 degrees, 41 minutes, is about 85 miles ; but, in consideration of the space, included in the north part of the circle's arch, the whole territory may probably be near 90 miles in length ; this, multiplied by 23, the mean breadth, gives 2070 square miles ; which last number, multiplied by 640, the number of acres in one square mile, produces 1,324,800, or above one million and a quarter of acres, in this territory ; now known as the state of Delaware. At a council held in Philadelphia, on the first day of the second month, 1685, present Thomas Lloyd, president, and nine others, the lines of sepa- ration between the county of Philadelphia and those of Bucks and Chester were confirmed, according to the proprietary's desire, signified to some of his friends before he left the province. Nicholas Moore, from London, one of the pro- vincial judges, being first in commission, took place, as prior judge; or in the style of later times, as chief justice of the province, and was a member of assembly. Though he appears to have been a per- son of good and useful abilities, and esteemed by the proprietary, yet being accused of mal-practices, he fell under the displeasure of the house; and they impeached him in form, by a declaration exhibited to the council on the 15th of May, this year, con- sisting of ten articles ; besides saving to themselves the liberty of adding more; and concluded with a request, that he might be removed from his great offices and trust, and be made to answer to the crimes and misdemeanors which were brought against him. The council having received the assembly's charge against Moore, ordered several of their members to acquaint him with the accusation, and to request his appearance before the council next day ; but he not appearing at the time appointed, the articles against him were read a second time, and notice given to the Assembly, that they were willing to hear their proofs. The speaker, John White, Abraham Man, Thomas Usher, John Blunston, William Barry, and Samuel Gray, were appointed managers, for the house on the occasion ; who supporting the charge, the president and council sent a second notice to UNITED STATES. 81? Moor to appear at the council-chamber on the 19th but he still neglecting, after some time of delaj notice was again sent him by a cotfncil convene on the 2d ot the fourth month following, " That h desist and cease from further acting, in any plac of authority, or judicature, till the articles of im peachment exhibited against him bj the assemblj be tried, or, that satisfaction be ~nade to the board. There does not appear to be any record of wha these articles, or crimes and misdemeanors were which, undoubtedly, could not be without rea foundation : but, from circumstances, it seems rea sonable to apprehend there might have been som animosities and disagreement, or misunderstanding among some of the persons in authority at this time by which things might have been exaggerated : thi appears, in part, from Moore's obstinacy, in refus ing to appear before the council, and also from some letters of the proprietary, in which he seems not t( have been well pleased with part of these proceed ings against him : for N. Moore, after this, was in* stituted and continued by the proprietary, in 1686 and 1687, one of his commissioners of government a place of the highest honour and trust, till hi< death, about two years after this time ; in which office there appears no objection from any party against his conduct. The assembly had before this, on the 13th of May showed an instance of their own authority, in ex polling, or rather suspending one of their members during the session, viz. John Bridges, of Kent county, for contemptuous language to the house, expressed in assembly, and refusing to make sub- mission; but upon his altering his mind the nexl day, and making acknowledgment, &c. for his of fence, he was reinstated. And on the 18th Patrick Robinson, clerk of the provincial circular courts, being admitted into the house of assembly, and requested to produce the records of said courts ; but he denying the same, and joining withMoore, was for his contempt of the authority of the house, disobedience to their or- ders, and abusing the assembly, committed to the sheriffs custody, during the pleasure of the house, and voted " A public enemy tothe province of Penn- sylvania and territories thereof, and a violator of the privileges of the freemen, in assembly met." The following are extracts from the letters re- ferred to; in one of which, dated, Worminghurst, the 1st of February, 1687, to Thomas Lloyd, he says, " Since my return from Germany and Hoi- Jand, where I had blessed service for the Lord, I have visited the north and north-west parts of this kingdom ; as Oxfordshire, Warwickshire, Stafford- ihire, Darbyshire, Cheshire, Lancashire, West- moreland, Bishoprick and Yorkshire ; and the Lord Wras with me, in a sweet and melting life, to my great joy and friends', refreshment." " I rejoice that God has preserved your health so well, and that his blessings are upon the earth ; but grieved at the bottom of my heart fo'r the heats and disorders among the people," &c. " This quar- rel about the society," (meaning the free society of traders, of which N. Moore was president) " has made your great guns heard hither : I blame no- thing, nor the society here, to be sure ; but I could wish Dr. Moore and P. R. could have been softened, and that J. Cl. (probably J. Claypoole) had been more composed;" " that may be a mighty politi- cal vice, that is not a moral one." " Because thy commission may expire, in the opinions of some, as His?, or AMER. Nn. 103 & 101. to president of the council, with thy membership, I have considered how to supply that defect, and that of thy absence; and that is another sort of deputa- tion than before; which comes by the bearer, Ed- ward Blackfan. I entreat thee to consider of the trua* reason of our unhappiness, of that side, among our magistrates: is it not their self-value, and slighting power in one another ? Oh, this preference is, in religious and civil societies, the bane of concord, that is the means of true happiness. Men should be meek, humble and grave : that draws reverence and love together : this wise and good men will do. Is any out of the way ? They should not so much look at his infirmity, as take care, they are not also overtaken, eying how many good qualities the of- fender has to serve the public ; cind not cast a whole apple away, for one side being defective. The Lord God of peace and power, by his blessed grace, each and lead his people, in his own blameless path to the end." In another to the same, dated Worminghurst, 6th of June, 1687, he speaks thus : " Though I write in general, I was willing to salute thee in particular, hoping that this will find hee and thine well, and at your ease, in poor Pennsylvania, where nothing on my part, in my >ower, shall be wanting to make you so : I do be- eech thee to travail in the spirit of meekness, and of the precious, gentle wisdom of God, that is easily entreated, and works its way through the hard- Jst rocks, to quiet and calm and determine ; and eaving things to my coming too much : next, emember this, that though the politic ancients over- ooked many ill things rather than, by the severity )f punishment, to discourage planting their new jolonies, or any sort from settling among them ; vet, we, that have our eye to another home, whose lue we have been taught to look for, as the reason >f all true prosperity; and that it has ever been ac- ording to our faith, are to act, as in his sight, and Discharge ourselves as righteous men, against all nrighteousness ; wherefore, pray, let the law have ts course ; as for Dr. Moore and P. Robinson, he persons esteemed the most unquiet and cross to riends, try what is possible to quiet them ; endea- our by private visits and admonitions to sweeten hem ; much good may come of it. The Lord God f endless power bless you, and furnish you, to his iraise." On the 14th of September, James Harrison, James Claypoole, and Arthur Cooke were nominated by be council, to be provincial judges ; but Harrison nd Cooke refusing to serve, and Claypoole being irevented by sickness, the council, in order to an- wer the expectation of such persons as were c n- erned in appeals, agreed to receive them, and to it for the decision of differences themselves, at the me appointed for the court to sit ; which was on he 24th. After this, at their triennial election, ccording to charter, being in part new chosen, they, y fresh commissions, appointed the several officer? f government. In this year, 1685. the Quakers, in their yearly leeting, at Burlington, in West Jersey, took addi- onal measures to prevent all persons in their soci- ty, from selling strong liquors to the Indians, .bout the same time, by particular appointment, ley also had a religious meeting with them, as they equently had before ; to inform and instruct them n the principles of Christianity, and the practice * a true Christian life. The Indians generally heard patiently what was 4 B 818 THE HISTORY OF AMERICA. said to them on this subject, and seemed affected with it for a time ; but, for the most part, it ap- peared to make no very durable impression, on their minds, fur the proper regulation of their pas- sions and appetites ; which, at last, too generally seemed to prevail over convictions of this nature, and their better knowledge. Many preachers of this religious society, from abroad, often had meetings, and serious discourse with them for this purpose ; as well as those who had settled in the country, particularly, Samuel Jennings, Thomas Olive, William Penn and others, from time to time, laboured to inculcate into them a just sense of the benefit of a Christian life arid conduct. The following letter from the proprietary to the magistrates, concerning ordinaries, with some others about this time, indicate the existence of some irre- gularities and abuses in the province, and his anx- iety to have them redressed, viz : " Friends, " There is a cry come over into these parts against the number of drinking-houses, and looseness, that is committed in the caves." [Note, these caves were some of the first habitations of the new settlers, under William Penn, till they got better erected; they were made in the bank, along the side of De- laware, where the city now stands, which then was higher ground.] " I am pressed in my spirit, being very apt to believe too many disorders, in that re- spect, strictly to require, that speedy and effectual care be taken : First, to reduce the number of or- dinaries,or drinking-houses ; and that without respect to persons : Such to be continued, that are most tender of God's glory, and the reputation of the go- vernment; and that all others, presuming to sell, be punished according to law : I desire you to purge these caves in Philadelphia; they are mine by licence and time : The three years are expired ; I would have the suspected forthwith ordered to get up housing elsewhere ; and the empty caves to accommodate the poor families, that may come over ; though they must not stand long before men's doors. Whatever you do, let virtue be cherished, and those that show to fear God, by a life according to it, be countenanced, and the evil person re- buked ; that God, who blesseth those that fear him, and call upon his name in all lands, may bless and preserve you. And though this be particularly ad- dressed to you, let the magistrates of other towns have it to read among them. I add no more, but my desires to the God of all our tender mercies to be with you all, in your duties and places, to his glory, and your praise and Deace Amen. Your very loving friend, . WM. PENN." The following was endorsed on the copy of the above letter, viz. " These are to certify, that notwithstanding seve- ral within this county of Philadelphia, keep ordi- naries, and sell strong liquors by retail, yet not one of them hath any licence for their so doing. "WILLIAM MARKHAM." The following is an extract from an original let- ter, in the proprietary's own hand-writing, dated, " sixth month 1685," and directed to ThomasLloyd, John Simcock, Christopher Taylor, James Harri- son, and Robert Turner. Speaking of some per- sons in the government, and certain disorders, he says, " I am sorry at heart for your animosities ; can- not more friendly and private courses be taken, to set matters to right, in an infant province, whose steps are numbered and watched? For the love of God, me, and the poor country, be not so govern- mentish, so noisy, and open, in your dissatisfac- tions ; some folks love hunting in government it- self." " It is an abominable thing to have three warrants for one purchase; 'tis oppression that my soul loaths; I do hereby require it, that P. L.be called to account for requests and \varrants,&c. for town-lot, liberty-lot, and the rest of the purchase. Why not one warrant for all, at least, for liberty-lot, and the remainder ? This is true and right oppression : be- sides, several things and sums are set down, that are not in law, nor in my regulations," &c. Perm's employment in Europe Emigrants from Hol- land and Germany Five commissioners of ttate created The proprietor's instructions to them His beneficent employment in Enyland for the Quakers, Sfc. Letter to Lloyd False alarm of an Indian insurrection Caleb Vussey Captain John Black- well, Deputy Governor The proprietary's instruc- tions to him He meets the assembly, disagrees with the council, and returns to England Institution of the first public grammar-school in Pennsylvania. In the year 1686 Penn published a further ac- count of the province of Pennsylvania, wrote seve- ral pieces on religious subjects, chiefly in defence of toleration in religion, (extant in his works) and ap- pears to have been in Germany and Holland, as well as much engaged in various services for his friends, the Quakers, and in promoting religion and virtue in different places, personally, in his native country ; at the same time continuing his care and endeavours for the benefit, happiness, and prospe- rity of his province, though absent, by means of written directions and advice, from time lo time, for the prevention of disorders, and the redressing of such things as appeared inconsistent with the real interest of the colony. But his great expense and generosity, in the original settlement of the province, as well as after- wards, were so very considerable, compared to his private fortune, that, even before this time, he be- gan to feel the effects to such a degree, that in his letters to some of his friends there, he was obliged to complain of the slowness and deficiency of the returns. In answer to a remonstrance and address to him, respecting the front and bank lots in Philadelphia, dated " 3d six month, 1684," he says, " I have made the most purchases, and been at the greatest charge of any proprietary and governor in America," &c. In a letter dated Bristol, " 5th of nine month, 1695," directed to A. Cook, J. Simcock, S Carpen- ter, J. Goodson, S. Richardson, R.Turner, Ph. Pern berton, and D. Lloyd, Pennsylvania, he declares, " I must say, that what I have spent upon the pro- vince, as governor and planter, is the foundation of my present incurnbrance ; as P. F. (Philip Ford) knows, and asserted to the lords of plantations lately, to be 4,000/. more than the whole that I ever received for lands, besides what it has cost me here," &c. In a letter to Thomas Lloyd, dated " seventh month, 1686," he complains, that at that time " his quit-rents were at least 500J. per annual value, and then due, though he could not get one penny." " God is my witness," says he. in the same letter, " I lie not ; I am above 6000/. out of pocket, more than ever 1 saw by the province, and throw in my pains, care, and hazard of life, and leaving of my family and friends, to serve them," &c. In a letter to James Harrison dated, London, UNITED STATES. 819 ' 23d of seventh month, 1686," speaking of his goin to his province, he says, " Besides, that the coun try think not on my supply, and I resolve never t act the governor, and keep another family and ca pacity upon my private estate; if my table, cellar and stable may be provided for, with a barge an( yatch, or sloop, for the service of governor and go vernment, I may try to get hence ; for, in the sigh of God, I can say I am 5000/., and more, behim hand, more than ever I received, or saw, for land in that province," &c. " There is nothing my sou breathes more for in this world, next my dear fa mily's life, than that I may see poor Pennsylvani. again ;" " but I cannot force my way hence, am see nothing done on that side, inviting," &c. In, or about this year, 1686, arrived in the pro vince many Friends, or Quakers, and others from Holland and Germany; who settled among their friends at German-town, near Philadelphia, am increased that settlement, which was begun in 1683 Some of those who now came, having sufferec considerably by fire, soon after their arrival, were assisted by the Friends, in the city and county of Philadelphia. The proprietary found much inconvenience arose from his commission of the power of government to so many persons as the council consisted of, and, not being well pleased with part of their conduct, or management, declared, " that the charter was forfeited, if he would take advantage at it;" " and in another letter to the same, about this time, he complains, That the provincial council neglected, or slighted, bis letters to them; that he had religiously conse- crated his pains in a prudent manner, but it was not valued, understood, or kept to ; so that the charter was over and over again forfeited, if he would take advantage at it; that they entirely neglected the supply which they had promised him ; which, in consequence of his great expense, on ac- count of the province, was one cause that kept him from Pennsylvania; declaring, " That he would not spend his private estate to discharge a..puhlic station." Hence, in the latter part of the year 1686, by a fresh commission, he contracted the number of his representatives, or of the executive part of the government, to five persons only, viz. Thomas Lloyd, Nicholas Moore, James Claypoole, Robert Turner, and John Eckley, constituting and styling them commissioners of state, or, of the go- vernment of Pennsylvania. Both the cause of their institution, and the nature of their office, in part, appear from the following instructions : " William Penn, proprietor and governor, " To my trusty and well beloved friends, Thomas Lloyd", Nicholas Moore, James Claypoole, Robert Turner, and John Eckley, or any three of them at Philadelphia : " Trusty, and well-beloved, I heartily salute you; lest any should scruple the termination of President Lloyd's commission, with his place in the provincial council, and to the end that there may be a more constant residence of the honorary and governing part of the government, for the keeping all things in good order, I have sent a fresh commission of deputation to you, making any three of you a quorum, to act in the execution of laws, enacting, disannul- ling, or varying of laws, as if I myself were there present, reserving to myself the confirmation of what is done, and my peculiar royalties and advantages. " First, You are to oblige the provincial council to their charter attendance; or to take such a council as you think convenient, to advise and as- sist you in the business of the public: for I will no more endure their most slothful and dishonourable attendance, but dissolve the frame, without any more ado : let them look to it, if further occasion be given. " Secondly, That you keep to the dignity of your station, in council and out; but especially to suffer no disorder in the council, nor the council and as- sembly, or either of them, to entrench upon the powers and privileges remaining yet in me. " Thirdly, That you admit not any parleys, or open conferences, between the provincial council and assembly: but one, with your approbation, propose, and let the other consent or dissent, ac- cording to charter. " Fourthly, That you curiously inspect the past proceedings of both, and let me know in what they have broken the bounds, or obligations of their charter. " Fifthly, That you, this very next assembly ge- neral, declare my abrogation of all that has been done since my absence; and so,. of all the laws, but the fundamentals; and that you immediately dis- miss the assembly, and call it again ; and pass such of them afresh, with such alterations as you and they shall see meet; and this, to avoid a greater in- conveniency ; which I foresee, and formerly com- municated to Thomas Lloyd. " Sixthly, Inspect the qualifications of members in council and assembly; and see they be accord- ng to charter; and especially of those that have :he administration of justice; and whatever you do, et the point of the laws be turned against impiety, and your severe brow upon all the troublesome and exatious, more especially trifling, appealers. " You shall shortly have a limitation from the dng ; though you have power with the council and assembly to fix the matter and manner of appeals as much as to do any justice, or prevent any dis- rder in the province at all. " Seventhly, That till then 1 have sent you a reclamation to that effect, according to the powers )f ordinance making, and declared in my letters latent, which you may expose as you please. " Eighthly, Be most just, as in the sight of the 11-seeing, all-searching God; and before you let our spirits into an affair, retire to him (who is not ar away from every one of you ; by whom kings eign, and princes decree justice) that he may give rou a good understanding, and government of your- elves, in the management thereof; which is that vhich truly crowns public actions, and dignifies hose that perform them. You shall hear further rom me by C. King ; the ship is ready to sail, so hall only admonish you in general, that, next to he preservation of virtue, have a tender regard to eace, and my privileges, in which enact from time o time. Love, forgive, help, and serve one another ; nd let the people learn by your example, as well s by your power, the happy life of concord. So ommending you to God's grace and keeping, I bid ou heartily farewell. Given at Worminghurst, in )ld England, the first of the twelfth month, 1686." During most of the time of Penn's absence from is province, till the reign of William III., though ot many public transactions, nor proceedings of much importance and notoriety, appear to have assed in Pennsylvania besides those which respect le labour and advantages of an industrious people, n the colonisation of the country, and laying a oundation for future greatness, by facilitating and 4B2 820 THE HISTORY OP AMERICA. multiplying the reasonable enjoyments and bless- ings of life j yet its eminent founder was not the less- active and beneficial to mankind in another depart- ment; and his suffering friends, the Quakers, in Great Britain, experienced the effect of his attend- ance and solicitations at court in their favour : where his frequent access to the king brought him into suspicion of being a disguised Jesuit, and under unjust censures and imputations ; as if he had been an adviser, and contributed to those arbitrary mea- sures which that impolitic king, James II., pursued : whereas his generous plan of liberty, so far as his power extended, and his otherwise well known prin- ciples of government, were as contrary to those of the king as could possibly be, and his religion no less opposite. Nevertheless he was not only infamously aspersed and abused in print, on these accounts, by many illiberal and slanderous works, published against him, and some of them, even, in his own name, but also censured by some persons of good understand- ing and character ; who, in many respects, were his friends, but not thoroughly knowing him, fell into the like suspicions. An instance of which appears in Dr. Tillotson, afterwards archbishop of Canter- bury ; but by means of a friendly epistolary corre- spondence between them on the subject, in the year 1686, as appears in Penn's life prefixed to his printed works, Dr. Tillotson was fully convinced of, and as freely acknowledged his mistake. Penn continued to distinguish himself in the cause of an impartial toleration in religion, both in wri- ting, and also by assiduous personal solicitations at court, as a strenuous and unwearied advocate for that undoubted right of mankind; of which he, and his friends, the Quakers, had, through the persecu- tion and bigoted spirit of those times, been long un- justly deprived. Hence, in the fore part of this year, in consequence of the king's proclamation for a general pardon, " about 1300 of these people, most of whom had been imprisoned divers years, for their religion, were set at liberty." And in April, the next following year, 1687, came forth the king's declaration for liberty of conscience, suspending the execution of all penal laws, in matters ecclesi- astical. For this temporary relief from een present, particularly in Chester. While Penn was thus variously and importantly imployed in England, his province needed his pre- cnce ; and Thomas Lloyd, who ever since the pro- >rietary's departure had chiefly presided in the mblic affairs, and sustained the weight and care of hem, under the different appointments, excepting wo short intermissions, in which Thomas Holme and iVilliam Clark supplied his absence, wanted to be lischarged from the burden; and, before this time lad solicited to be released, by the appointment of another person in his room : but a suitable person or such an appointment was not easy to be found; and the proprietary appears to have been sensible of jt, by his manner of writing at different times, to lis friends in the province, expressing his ardent desire for his prosperity, and to reside in it himself; n one of which to Thomas Lloyd, about this time, \e says, " No honour, interest, or pleasure, in this jart of the world, shall be able to check my desires o live and die among you ; and, though to my grief, my stay is yet prolonged on private and public ac- counts, yet, depend upon it, Pennsylvania is my worldly delight, and end of all places on the earth. " Now, though I have, to please thee, given thee quietus from all public business, my intention is to constitute thee deputy-governor, and two, in the character of assistants; either of whom and thyself, ;o be able to do all as fully as I myself can do ; only [ wait thy consent to the employment ; of which advise me," &c. ; and again, " by all that is reve- rent, tender, and friendly, 1 beseech thy care, con- descension and help, for that poor province. I am here, serving God and friends, and the nation; hich I hope God will reward to mine and you," &c. Notwithstanding the friendly disposition which, from the beginning, had been wisely cultivated and established by the proprietary and inhabitants, or first settlers, of the province, with the Indians, and afterwards pursued in such manner, as to leave no reasonable cause for fears and suspicions between them ; yet, as in all countries turbulent persons are found, whose delight is, if possible, to disturb the public tranquillity; so we find, in the infancy of this colony, when justice, peace, and harmony so universally predominated, it was possible, neverthe- less, for idle reports, and groundless rumours, to take place, and gain so far on unguarded minds, as to create very alarming apprehensions respecting the Indians. The consideration of their large num- bers at that time, in proportion to the fewness of the European settlers, rather favouring such apprehen- sions ; of which we have the following instance. In, or about the year 1688, the inhabitants of Philadelphia, and places adjacent, were alarmed with the report of an intended insurrection of the Indians to cut off all the English on an appointed day. This was communicated by two Indian women of West Jersey, to an old Dutch inhabitant near Chester, to be on the next fourth day of the week. Several Friends, or Quakers, upon hearing this re- UNITED STATES. 821 port, being conscious of their just conduct towards | dians and English ; and as he made all, so his love the Indians, and sensible of nothing that could reasonably disgust them, endeavoured to appease the people's fears. The fourth day having arrived, about ten o'clock in the night, a messenger arrived at Chester, out of the woods, and told the people, that three families about nine miles distant, which he named, were all cut off by the Indians. This re- port coming to a Friend, then at Chester, about midnight he took with him two young mem on horseback, to the place, in order to examine into the truth of the affair. They found the three houses, but no body in them, and yet no signs of murder ; their inhabitants, alarmed in a similar manner, had fled to the houses of their parents, at Ridley creek, about a mile from thence. The master of one of these families being from home, had been informed 500 Indians were actually collected at Naaman's creek, iu pursuit of their design to kill the En- glish ; and as he was hastening to his house, he thought he heard his boy crying out, and saying, " What shall I do, my dame is killed !" Upon which, instead of going home, to know the certainty of the affair, he ran off, to acquaint the government at Philadelphia ; but being met by a person of more prudence than himself, before he got to the city, he was persuaded by him to return. The report notwithstanding soon arrived at the city; and was told with such alarming circumstances, that a messenger was immediately dispatched to Marcus Hook, near the said Naaman's creek, to inquire the truth of it. He quickly returned and confirmed the report, but with this variation ; that it was at Brandywine creek, at an Indian town, where the 500 Indians were assembled ; and, tha they, having a lame king, had carried him away with all their women and children. These circum" stances rendered the affair still more alarming, and, with many, amounted to a certainty. The council were at that time sitting at Phila- delphia on other affairs, when one of them, a Quaker, supposed to be Caleb Pusey, a much esteemed public man., who lived in Chester county, voluntarily offered himself to go to the place, pro- vided they would name five others to accompany him, without weapons ; which being soon agreed on, they rode to the place ; but, instead of meeting with 500 warriors, they found the old king quietly lying with his lame foot along on the ground, and his head at ease on a kind of pillow, the women at work in the field, and the children playing toge- ther. When they had entered the wigwam, the king presently asked them very mildly, " What they all came for?" They told him the report which the Indian women had raised ; and asked him, whether the Indians had any thing against the English ? He appeared much displeased at the report, and said, "The women ought to be burnt to death ; and that they had nothing against the English ;" add- ing, " 'Tis true there are about Ibl. yet behind of our pay for the land, which William Penn bought, but ai you are still on it, and improving it, to your own use, we are not in haste for our pay ; but when the English come to settle it, we expect to be paid." This, the messengers thinking vpry reasonable, told him, they should undoubtedly be paid for their laud. One of the company further expressed himself to the Indian king, in the following manner : " That the great God, who made the world, and all things therein, consequently made all mankind, both In- was extended to all ; which, was plainly shown, by his causing the rain and dews to fall on the ground of both Indians and English alike ; that it might equally produce what the Indians, as well as what the English sowed or planted in it, for the sustenance of life ; and also by his making the sun to shine equally on all, both Indians and English, to nourish them ; and that seeing the great Being, which made them all, extended his love thus to all, so they were mutually bound to love oue another." The king answered, " What they had said was true ; and as God has given you corn, I would advise you to get it in; (it being then harvest time) for we intend you no harm;" They parted amicably; and the messengers, returning, put an end to the people's fears. In consequence of a request from Thomas Lloyd, to be released from the public affairs of the govern- ment, in the latter part of the year 1688, Captain John Blackwell succeeded to his office of lieutenant- governor. He was a person whom Penn seems to have highly esteemed ; and, at the time of his ap- pointment, was in New England. His commission was transmitted to him with the following docu- ment. (L. s.) " Instructions for Lieutenant Governor Blackwell, or whom else they may concern. " I. That things be transacted fn my name, by the style of my patent only, viz. absolute proprie- tary of Pennsylvania, &c. if not contrary to the charter and laws of the province, as I suppose not. " II. That commissions signed and sealed by me here shall be sufficient warrants and directions to pass them under the great seal. " III. To collect the laws that are in being, and end them over to me, in a stitched book, by the very first" opportunity ; which I have hitherto often, and so much, in vain, desired. " IV. To be careful that speedy, as well as tho- rough and impartial justice be done ; and virtue in all cherished, and vice in all punished. " V. That fines be in proportion, both to the fault and ability of the party, that so they may be paid. " VI. That feuds between persuasions, or nations, or countries, be suppressed and extinguished, if any be ; and, if none, that by a good conduct, they may be prevented. " VII. That the widow, orphan, and absent may be particularly regarded, in their rights; for their cry will be loudest in all ears; but, by absent, 1 mean such as are so of necessity. " VIII. To countenance the commissioners of property, where land is unseated, or people are un- ruly in their settlements, or comply not with rea- sonable obligations, about bounds, banks, timber, &c. For though we come to a wilderness, it was not that we should continue it so, " IX. That the sheriff's of their respective counties be charged with the receipt of my rents, fines, &c. as they do in England, and give security to the re- ceiver-general, for the same. " X. To have a special care, that sheriffs and clerks of (he peace impose not upon the people ; and that the magistrates live peaceably and soberly ; for I could not endure one loose, or litigious per- son in authority. Let them be men having some fear of God, and hating covetousness, whatever be their persuasion : to employ others is to profane an ordinance of God. 822 THE HISTORY OF AMERICA. " XL That care be taken of the roads and high- ways in the country ; that they might be straight and commodious for travellers; for I understand they are turned about by the planters; which is a mischief that must not be endured. " XII. Consider hy what means, or methods, the good and prosperity of the plantation may be pro- moted ; what laws, in being, are unnecessary or de- fective, and what are wanting ; and in each par- ticular hereof let me have advice as distinctly, and as speedily as may be. " XIII. Rule the meek meekly; and those that will not be ruled, rule with authority ; and God Al- mighty prosper all honest and prudent endeavours. Given at London, this 25th of the seventh month, 1688. WILLIAM PENN." Blackwell met the assembly in May 1689 ; but on account of some misunderstanding or dissension between him and some of the council, the public affairs were not managed with the desired harmony and satisfaction ; and but little was done during his administration,which continued only till the February following, when he returned to England ; and the government of the province, according to charter, devolved again on the council, Thomas Lloyd being president. The appointment of Blackwell, who was not a Quaker, to be deputy-governor, appears by the pro- prietary's letters to his friends, in the province, to have been, because no suitable person, who was of that society, would undertake the office; that his views thereby were more for the public good, than his own private interest; which, he declares, he was sorry were not answered according to his expecta- tion ; and that notwithstanding he was apprehensive occasion had been given by some particulars in the province, for this misunderstanding, yet that he had auly regarded their complaints, and afforded them suitable relief. The year 1689 gave rise to the Friends' public school in Philadelphia; which afterwards, in the year 1697, upon the petition of Samuel Carpenter, Edward Shippen, Anthony Morris, James Fox, Da- vid Lloyd, William Southby, and John Jones, in behalf of themselves and others, to Deputy Markham, was first incorporated by charter; and, after that, confirmed by a fresh patent from William Penn, dated the 25th of October, 1701; and also by another, dated the 22d of the fifth month, 1708; whereby the corporation was, " For ever thereafter to consist of fifteen discreet and religious persons, of the people called Quakers, by the name of ' The overseers of the public school, found in Philadel- phia, at the request, cost, and charges of the people called Quakers;' " but its last and present charter, from William Penn, confirming all the preceding charters, and further extending the corporation with larger powers and privileges, &c. is dated the 29th of November, 1711: wherein the overseers, nomi- nated and appointed, were Samuel Carpenter, the elder, Edward Shippen, Griffith Owen, Thomas Story, Anthony Morris, Richard Hill, Isaac Norris, Samuel Preston, Jonathan Dickinson, Nathan Stan- bury, Thomas Masters, Nicholas Wain, Caleb Pu- sey, Rowland Ellis, and James Logan ; by which charter the overseers were afterwards to be chosen by the corporation. This was the first institution of the kind in Pennsylvania, intended not only to facilitate the acquisition of the more generally useful parts of knowledge, but to promote a love of more extensive learning. The poorer people were instructed gratis. For these laudable purposes, a number of the principal inhabitants of Philadelphia, being Quakers, in July of this year, agreed with George Keith, who then resided at Freehold (now called Monmouth) in New Jersey, to undertake the charge. He ac- cordingly removed to Philadelphia, and was the first master of that school; but continued only about one year. He was a native of Aberdeen, in Scot- land, a man of learning, and had gained a celebrity among the Quakers. He came to East Jersey many years before this time; was afterwards surveyor- general of that division; and, in 1687, he ascer- tained and marked the line of division between East and West Jersey. His salary for officiating in this school was 50/. per annum, with a house for his family to live in, a school-house provided, and the profits of the school beside, for one year. For two years more his school was to be made worth 1201. per annum, if he thought fit to stay so long; he was to teach the poor gratis. He continued in this station about one year, and then his usher, Thomas Makin, was, at his desire, appointed to suc- ceed him. The terms for teaching at this period appear, oy the following extract from the journals of council. " Tenth month, 26th, 1683, Enoch Flower under- takes to teach school in the town of Philadelphia on the following terms, viz. : " To learn to read English, four shillings by the quarter; to write, six shillings by ditto; to read, write, and cast accounts, eight shillings by the quarter: boarding a scholar, that is to say, diet, lodging, washing, and schooling, IQl. for one whole year." Perm's difficulties after the revolution in England Disagreement between the province and territories Declaration of the council, and other proceedings relating to the difference Two deputy-governors The proprietor's concern at this difference Fur- ther proceedings of the province A promulgated bill Letter to the proprietary, Sfc. It has already been observed that, during most of the time since the proprietary's return to Eng- land, in 1684, much of his public action and service were in that nation; and that his intimacy at court, and friendship with James II., which his great obligation to that royal family, and the situation of his own circumstances, may easily ac- count for, exposed him to many unjust censures; but in the year 1688, upon the change of government, bis affairs there began to have a very different, and more unfavourable aspect. The attempts which had been made by the king, in favour of popery and arbitrary pow er, had occasioned the measures of the revolution, which now began to take place in the government there, by means of the prince of Orange, " who," says Penn's biographer, " landed at Torbay, in Devonshire, on the 5th of November, 1688, to the great joy of the English nation. Many of King James's officers and army soon joined the prince; and the king, perceiving the hearts of the people alienated from him, withdrew himself, and went over to France. Hence,' by a convention, called shortly after, the said prince of Orange, and the Princess Mary, his consort, King James's daugh- ter, were declared king and queen of England, c., and were proclaimed on the 13th of February, 1688-9. " Upon this turn of the times, Penn's late friend- ship at court having rendered him suspected of dis- affection to the present government, ou the 10th of UNITED STATES. 823 December 1688, when he was walking in White- hall, he was sent for by the lords of the council, hthen sitting; though nothing appeared against him, and he himself assured them, ' That he had done nothing, but what he could answer before God, and all the princes in the world; that he loved his country, and the Protestant religion above his life, and never acted against either ; that all he ever aimed at, in his public endeavours, was no other than what the prince himself had declared for ; that King James was always his friend, and in gratitude, he was the king's, and did ever as much as in him lay, influence him to his true interest.' Notwith- standing they obliged him to give securities for his appearance the first day of the next term, which he did ; and he was then continued on the same secu- rity, to Easter-term following ; on the last day of which, nothing having been laid to his charge, he was cleared in open ( ourt. " In the year 1690, he was again brought be- fore the lords of the council, upon an accusation of holding a correspondence with the late King James ; and they requiring sureties for his appearance, he appealed to King William himself ; who after a conference of near two hours, inclined to acquit him, but, to please some of the council, he was held upon bail for a while ; and, in Trinity-term, the same year, was again discharged. " He was attacked a third time, and his name inserted in a proclamation, dated July the 18th, 1690 ; wherein he, with divers others, to'the number of eighteen, were charged with adhering to the kingdom's enemies; but proof failing respecting him, he was again cleared by order of the King's- bench court, at Westminster, in the last day of Michaelmas-term, 1690. " Being now again at liberty, he proposed to go a second time to Pennsylvania, and published pro- posals in print, for another settlement there. He had so far prepared for this transportation that an order for a convoy was granted him by the secretary of state, when his voyage was prevented by a fresh accusation against him, backed with the oath of one William Fuller, a wretch, afterwards by parliament declared a cheat and impostor ; and a warrant was thereupon granted for his apprehension ; which he narrowly escaped, at his return from the funeral of George Fox, the first preacher among the Quakers, on the 16th of January, 1691." In a letter to Thomas Lloyd, dated " England, the 14th of June, 1691," he writes as follows : " Dear Friend, " My love in the unchangeable truth salutes thee and thine, and the friends and family of God in those parts, desiring your temporal and everlasting welfare, with an unfeigned affection. " By this time thou wilt have heard of the re- newal of my troubles, the only let of my return, being in the midst of my preparations, with a great company of adventurers, when they fell upon me. The jealousies of some, and unworthy dealing of others have made way for them ; but under and over it all, the ancient rock has been my shelter and comfort; and I hope yet to see your faces, with our ancient satisfaction. The Lord grant, if it be for his glory, whojse I desire to be, in all conditions ; for this world passeth away, and the form and beauty of it fadeth ; but there are eternal habitations for the faithful; among whom I pray that my lot may be, rather than among the princes of the earth. " I hope I need not U'-ge my circumstances to excite thy love care and concern for me and my suffering interest in that country. I know thou hast better learned Christ and Cato, if I may so say, and wilt embrace such an opportunity to chuse to express thy friendship and sincerity ; nor is uncertainty and changeableness thy fault; wherefore I will say no more, but desire that my afflictions may cease, if not cure your animosities, or discontents within yourselves, if yet they have continued; and that thou wilt both in government, and to my commis- sioners of property, yield thy assistance all thou canst. By all this God may prepare me to be fitter for future service, even to you there. I ask the people forgiveness for my long stay ; but when I con- sider how much it hap been my great loss, and for an ungrateful generation, it is punishment ! It has been 20.000Z. to my damage in the country, and above 10,OOOZ. here, and to the province 500 families; but the wise God, that can do what he pleases, as well as see what is in man's heart, is able to requite all; and I amperswaded, all shall yet work together for good, in this very thing, if we can overlook all that stands in the way of our views Godward, in public matters. See that all be done prudently and numbly ; and keep down irreverence and looseness, and cherish industry and sobriety. The Lord God Almighty be with you, and amongst you, to his praise and your peace. Salute me to John Simcock, R. Turner, A. Cook, T. Janny, Ph. Pemberton, S. Richardson, W. Yardly, the Welch Friends, and Plymouth Friends, indeed to all of them. " Thou hast heard of our great loss of dear John Burnyeat, and Robert Lodge, one in Ireland, and t'other in England, in about the same week; and Robert Barclay, Th. Salthouse, and dearly beloved George Fox since : he died at Henry Gouldney's, by Gracious-street meeting-house ; where he preached his farewell the first-day, and departed the third, at night, between nine and ten. I was with him ; he earnestly recommended to me his love to you all ; and said/ William, mind our poor Friends in Ame- rica;' he died triumphantly over death, very easily foresaw his change; he was buried on the sixth-day ; like a general meeting ; 2000 people at his burial, Friends and others : I was never more public than that day; I felt myself easy; he was got into his Inn, before the storm that is coming overtook him; and that night, very providentially I escaped the mes- senger's hands : I shall add only, that the Friends have had an extraordinary time, this general meet- ing ; so that God supplied that visible loss with his glorious presence. R. Davies there, but not thy brother. In sincere love I bid thee, thy wife and family, and friends farewell, " Thy true friend, " WILLIAM PENN." Though the proprietary had, both by charter and otherwise, endeavoured to connect the province and territories of Pennsylvania, in legislation and government, so as to form one general assembly'; yet the jealousies, and difference of sentiment in some cases, which afterwards arose between the representatives of each part, in their legislative ca- pacity, tended to create separate interests ; and these d'ssensions between them, were frequently the oc- casion of great unea sembly met, on the tenth day of the third month last past, at Philadelphia, and now sitting in this present general assembly, are the provincial counci" and assembly of this province of Pennsylvania ; and are hereby declared, enacted and adjudged so to be, to all intents, constructions and purposes, notwithstanding the absence of the representatives of the said counties annexed. And. for removing all objections that may arise concerning the vali- dity, force and continuation of the laws of this go- vernment, ' be it further enacted, by the authority aforesaid,' that all these laws, that were made, con- tinued and stood unrepealed at the last general as sembly, held at Newcastle, in the year 1690, are hereby declared and enacted to stand in force, and be continued respectively, until the publication of other laws, which shall be made by the next gene- ral assembly of this province. Ex per David Lloyd, Cl. Council." As this division had occasioned much anxiety to the proprietary, of which both parties were sensi- ble, so to relieve him, at least in part, from his ap- prehensions and uneasiness on that account, in the fore part of the year 1692, the two deputies and their councils unitedly wrote to him the following letter : From the council-room at Philadelphia, the 6th of the second month, 1692. " Worthy Governor, " These few lines we hope may much ease thy mind in reference to thy exercises, concerning the affairs of thy government here, by informing thee, that, with unanimous accord, we rest satisfied with thy two deputations, sent for executive government of the province, and counties annexed : and thy deputies concurring amicably at this time, to act as one general government, in legislation, we have proceeded in the preparing jointly some few bills; that thereby our present united actings may be as well published, as the respective services of the go- vernment answered. What particular transactions of moment, which have occurred upon our calm debates of the choice of three, we refer to the minutes for thy satisfaction. We heartily wish thee well; and, with longing expectations, desire thy speedy return unto us ; where, we doubt not, but thou wilt find a most grateful reception and better face of affairs, than may seem to thee there, at this dis- tance : so bidding thee adieu, at this time we remain, " Thy faithful and well-wishing friends, " THOMAS LLOYD, " WILLIAM MARKHAM. " Arthur Cook, John Cann, Jos. Growdon, John Delavall, Rich. Halliwell, Griffith Owen, George Martin, Win. Jenkins, John Bristow, Alburtus Jacobs, Hugh Roberts, Sa. Gray, Samuel Lewis, Richard Wilson, William Biles." Schism and separation between George Keith and the Quakers His conduct afterwards Some judicial proceedings against him, 8fc. The magistrates' de- claration of the reasons for these proceedings Penn depriaed of the government by King William and Queen Mary Their commission to Fletcher, gover- nor of New York Fletcher's letter to Deputy Lloyd. In the year 1691 an affair happened among the Quakers, in this part of the world, which gave them much uneasiness and trouble in their religious ca- pacity, more especially in this province, and the neighbouring places. This was the difference and separation between them and George Keith befox; mentioned. He had been an eminent preacher and writer among them for many years ; and had pul - lished several well-written treatises in defence of their religious principles, yet extant. He was a man of quick natural parts, and considerable lite- rary abilities; acute in argument, and very ready and able in logical disputations, and nice distinctions, on theological subjects; but was said to be of an irritable temper, and overbearing disposition; not sufficiently indued with the moderation and charity that is the distinguishing characteristic of true Christianity: of which he himself had not only made strong profession, but also, in his younger years, as appears by his writings, had a good understand- ing. His great confidence in his own superior abi- lities seems to have been one, if not the chief in- troductory cause of this unhappy dispute. He is said to have had too much virulence in argument and disputation on religioiis points of controversy, and sometimes to have exhibited an unbecoming vanity on gaining any advantage over his oppo- nents, even prior to the schism between him and his friends: for having, some time before, been on a visit to New England, he is represented as having indulged his natural propensity, among the preach- ers and inhabitants there, in a very extravagant manner: which disposition of mind, from that time forward, appeared to have so far got the ascendancy over him, that, on his return, he began to exhibit the same, even among his friends, beginning with finding fault, proposing and urging new regulations, in the society, in respect of the discipline of it, and complaining, " There was too great a slackness therein." Upon his friends not readily joining with him and his proposals, in the manner he ex- pected, he became still more captious, and more disposed to seek matters of reproach and offence against many in the society, and to make the worst of them; charging some of his friends, who were generally well esteemed and approved ministers, with preaching false doctrine ; and it is said, even n points contrary to what himself had formerly held ind declared in his writings, in defence of the Quakers and their principles. He found fault with tiis friends being in the magistracy, and their exe- cuting the penal laws against malefactors, as being 'nconsistent with their religious- profession ; and, n short, contended that he and such as joined w j;h lim, were the true Quakers, and all the rest, who opposed him, were apostates. These were the principal allegations, which, in the beginning of the dispute, he appears to have made against the Quakers. The principal ermrs, f not the whole, with which we find him charged by ,hem, at that time, appear to be his over-bearing emper, and unchristian disposition of mind, in Crossly vilifying and disparaging certain members )f the society, who were universally and highly ap- mived among them, and entirely rejecting their advice and judgment; the consequence of an over- eated and intemperate zeal: which, at last, pro- ceeded so far as to occasion such a breach, that, on he 20th of June, 1692, " a declaration, or testimony if denial," was drawn up against him, at a meeting if the ministers of the society at Philadelphia: wherein both he and his conduct were publicly dis- wned by them. This declaration was confirmed t the next following general yearly meeting, held at Burlington, the 7th of September. UNITED STATES. 827 He drew off a large number of people with him tome of considerable account, in the society; an set up separate meetings, in several places. Thes called themselves Christian Quakers and Friends boasted of their large numbers, and looked upor the rest as apostates; many books were written and much altercation and dispute ensued, on bot sides He appealed, or complained, to the yearly meet ing of the society, in London, against the Quaker of Pennsylvania, who had disowned him, and ap peared there in person; where he was confronte< by divers from the province. But, in this place, i is said, his passion and violence so far prevailec over him, and his demeanour was so indecorous ati< outrageous, that notwithstanding all possible en deavours for a reconciliation, his denial was there finally confirmed. He thenceforward became a public and bitter enemy, as far as in him lay, against the Quakers, in general; preaching and writing against them with all imaginable virulency : in which he appeared afterwards to be employed by their adversaries, for that purpose ; for having joined with the episcopal clergy in England, and served there for some time, as a vicar, ordained by the bishop of London, he afterwards returned to America; where, as a cler- gyman, in orders, he officiated in his new function for about twelve months ; and, having there given the Quakers all the annoyance in his power, he re- turned again to England by way of Virginia. In this visit, it is said, he was generally slighted, both by those who before had been his adherents, and others ; and that his conduct was so glaringly in- consistent with his former pretensions, and his be- haviour towards the Quakers so manifestly arising from a malignant disposition of mind, and disap- pointed malice, that notwithstanding his superior abilities, he was universally despised. After his return to England, he was fixed in a benefice in Sussex ; and continued to write against his former friends, as a bitter enemy ; but, as far as appears, with a sinking reputation. At last, on his death-bed, from a well authenticated account, it is asserted, he thus expressed himself: " I wish I had died when I was a Quaker; for then I am sure it would have been well with my soul." This schism made a great disturbance in the pro- vince for a time, and in some other places, among the Quakers; yet many, or the major part, of those persons, who had thus separated themselves, through the conduct of this person, are said to have re- turned soon after to the society. But because Keith had, by abusive language and printed publications, vilifying several persons in the magistracy, drawn upon himself some judicial pro- ceedings ; some persons have been disposed to charge the Quakers " with persecution for religion ;" and as this appears to be the only case, in which their enemies pretend to have just ground to accuse them of this evil, we shall therefore endeavour to lay before the reader such an account of this trans- action, as the acccounts remaining of it will permit. In the beginning of the year 1691, a person named gistrates who granted this warrant being Quakers, George Keith, and his party, soon after took occa- sion from thence to represent it as inconsistent with their principles against fighting. He called Tho- mas Lloyd, the deputy-governor, who was ac- counted a person of a mild temper and deportment, good sense, and umblemished character, and whose unwearied endeavours to serve him, are said to have merited a different treatment, " An impudent man, and a pitiful governor;" asking him, " Why he did not send him to gaol ?" and telling him, " His back had long itched for a whipping ; and that he would print and expose them all over America, if not over Europe ;" and one of the magistrates, who was well known to be a modest and peaceable man, he opprobriously called, " An impudent rascal." In addition to this, he had published several virulent pieces ; one of which indecently reflected on the above-mentioned transaction, and on several of the principal magistrates in their judicial capa- city ; and thereby lessening the authority of the magistracy, in the view of the lower sort of people, ho began thereupon to take greater liberties ; wherefore the printers, William Bradford and John M'Comb, who had published it, were by a arrant from five magistrates, viz. Arthur Cook, Samuel Jenings, Samuel Richardson, Humphrey Vlurray and Robert Ewer, taken up, examined, and upon their contemptuous behaviour to the court and "ustices in their examination, and upon their refusal o give security, to answer at court, the usual prac- ,ice in all similar occasions, they were committed; and though they were under no confinement, being sntirely at large, on their bare word only, yet, which seems to have been done by them, to answer ome particular design) at a certain time, having Dccasion to sign a paper, when they could not be admitted into the prison itself, it is said, they got nto the entry of it, and there dated, and signed the aid paper, as from the prison. But they were soon lischarged, without being brought to a trial. George Keith and Thomas Budd were also pre- ented by the grand jury of Philadelphia, as authors if another book, of the like tendency, in the follow- ng words, viz. " We, of the grand jury, do present ieorge Keith and Thomas Budd, as authors of a )ook, entitled, * The plea of the innocent,' where n page third, about the latter end of the same, they, lie said George K^ith and Thomas Budd, defam- ngly accused Samuel Jenings, he being a judge nd a magistrate of this province, of being too high nd imperious in worldly courts, calling him impu- ent, presumptuous and insolent man, greatly ex- osing his reputation, and of an ill precedent, and ontrary to the law, in that case made and pro- ided." The lenity of the magistracy is said to have been ery remarkable towards the actions and behaviour fall these people, when compared with the provoca- ons given ; which, by apparent design, had not only een, but also still continued to be, so extremely otorious and abusive, as well as derogatory to the rincipal persons in authority, in their judicial ca- >acity, that, it is said, the rabble became greatly Babit, with some others, stole a small sloop from a | encouraged thereby, to despise and inveigh against wharf in Philadelphia ; and in going down the river I the acts of government, and to render it more and with it, committed many robberies ; of which intel- more difficult to bring offenders to justice ; it was, ligence being early given to the magistrates, three therefore, thought proper that this presentment of them gave out a warrant, in the nature of a hue ! should be prosecuted ; so the matter was brought to and cry to take them, in order to bring them to a I trial, and the parties fined 5/. each; but the fines legal trial and punishment; and by virtue of which j were never exacted. they were taken, and brought to justice. The uui- j All possible art and means were said to be used, 828 THE HISTORY OF AMERICA. by the enemies to the Quakers, the disaffected to the administration, and the more libertine part of the people, to magnify these judicial proceedings, and to represent them as being on a religious ac- count; and with great assiduity and artifice, they were by these propagated as such, both at home and abroad ; upon which the magistrates published the reasons of iheir conduct, in the following paper, viz : " At a private sessions held for the county of Phi- ladelphia, the '25th of the sixth month, 1692, before Arthur Cook, Samuel Jenings, Samuel Richardson, Humphrey Murray, Anthony Morris, Robert Ewer, justices ol the county. " Whereas the government of this province being, by the late king of England's peculiar favour, vested, and since continued, in Governor Penn, who thought fit to make his, and our worthy friend, Thomas Lloyd, his deputy-governor, by, and under whom the magistrates do act, in the government ; and whereas it hath been proved before us, that George Keith, being a resident here, did, contrary to his duty, publicly revile the said deputy-governor, by calling him an impudent man, telling him, ' He was not fit to be a governor, and that his name would stink;" with many other slighting and abu- sive expressions, both to him and the magistrates ; (and he that useth such exorbitancy of speech to- wards our said governor may be supposed will easily dare to call the members of council and magistrates impudent rascals, as he hath lately called one, in an open assembly, that was constituted by the proprie- tary to be a magistrate), and he also charges the magistrates, who are ministers here, with engrossing the magisterial power into their hands, that they might usurp authority over him; saying also, ' He hoped in God he should shortly see their power taken from them ;' all which he acted in an indecent manner. " And further, the said George Keith, with seve- ral of his adherents, having, some few days since, with unusual insolence, by a printed sheet, called ' An appeal,' &c. traduced and vilely misrepresented the industry, care, readiness, and vigilance of some magistrates and others here, in their late proceed- ings against the privateers, Babit and his crew, in order to bring them to condign punishment ; whereby to discourage such attempts for the future; and have thereby also defamed and arraigned the deter- minations of the principal judicature, against mur- derers; and not only so, but also by wrong insinua- tions, have laboured to possess the readers of their pamphlet, that it is inconsistent for those who are ministers of the Gospel to act as magistrates; which, if granted, will render our said proprietary incapa- ble of the powers given him by the said king's let- ters patent; and so prostitute the validity of every act of government, more especially in the executive part thereof, to the courtesy and censure of all fac- tious spirits, and male-contents, under the same. " Now, forasmuch as we, as well as others, have born, and still do patiently endure, the said George Keith and his adherents, in their many persona" reflections against us, and their gross revilings of our religious society, yet we cannot without the violation of our trust to the king and government, as also to the inhabitants of this government, pass by or con^ nive at such part of the said pamphlet and speeches that have a tendency to sedition and disturbance o the peace, as also to the subversion of the presen government, or to the aspersion of the magistrate 1 thereof. " Therefore, for the undeceiving of all people, we have thought fit, by this public writing, not only to signify that our procedure against the persons now in the sheriff's custody, as well as what we intend against others concerned, (in its proper place) espects only that part of the said printed sheet vhich appears to have the tendency aforesaid, and not any part relating to differences in religion ; but also these are to caution such who are well affected :o the security, peace, and lejjal administration of ustice in this place, that they give no countenance o any revilers or contemners of authority, magi*- rates or magistracy ; as also to warn all other >ersons that they forbear the further publishing and spreading of the said pamphlets, as they will answer the contrary at their peril. " Given under our hands, and seal of the county, he day, year, and place, aforesaid." This affair of George Keith gave much concern o Penn, who appeared at first rather to have cen- ured part of these proceedings against him ; whom e regarded as his old friend, more especially his .rial, at which by some of his letters, he appeared o be much displeased : but after he was made fully icquainted with the nature and circumstances of he whole transaction, and was convinced of George ieith's change of conduct, he appears to have been as active as others in endeavouring to clear the society from the imputation of being the cause of the unhappy schism. But the difference between the province and territories continued still much to affect lira, and to increase his apprehensions of very dis- agreeable consequences, as appears by his manner of writing to some of the principal persons in the administration about this time. It cannot reasonably be imagined that the court of King William could be very favourably disposed to a person, who had been so much in the friend- ship of the late king; and although King William himself seems to have had a great regard for him, and although his known general great humanity and Christian spirit, rendered him respected among men of opposite principles, both in religion and politics ; yet his enemies, when his young colony most needed his presence, managed in the year 1692 to deprive him of the gorernment of Penn- sylvania and the territories ; the king granting the following commission to Benjamin Fletcher, Go- vernor of New York, dated October the 21st, 1692, to take them under his government. ' " William and Mary, by the grace of God, King and Queen of England, Scotland, France, and Ireland, Defender of the Faith, &c. " To aur trusty and well-beloved Benjamin Fletcher, Esquire, our Captain-general and Com- mander-in-chief of our province of New York, and the territories depending thereon, in America, greeting : " Whereas, by our commission, under our great seal of England, bearing date the eighteenth day of March, in the fourth year of our reign, we have constituted and appointed ydu, the said Benjamin Fletcher, to be our captain-general and governur- in-chief, in and over our province of New Y'ork, and the dependencies thereon in America ; and have thereby granted unto you full power and authority, with the advice and consent of our council, as need shall require, to summon and call general assem- blies of the inhabitants, beincr freeholders within the said province, according to the usage of the pro- vince of New York; and that the persons there- upon duly elected by the major part of the free- holders of the respective counties and places, and so UNITED STATES. 829 returned, aiid having before their sitting taken the oaths appointed by act of parliament, to be taken instead of the oaths of allegiance and supremacy, and subscribed the test; and without taking and subscribing whereof none shall be capable of sitting, though elected, shall be called the general assembly of that our said province, and have thereby granted unto you, the said Benjamin Fletcher, by and with the consent of our said council and assembly, or the major part of them, full power and authority to make, constitute, and ordain laws, statutes, and ordinances for the public peace, welfare, and good government of our said province, and of the people and inhabitants thereof; which said laws, statutes, and ordinances are to be, as near as may be, agree- able to the laws and statutes of this our kingdom of England ; provided that all such laws, statutes, and ordinances be, within three months or sooner after the making thereof, transmitted unto us, under our seal of New York, for our approbation or disallow- ance of the same ; and in case any, or all of them, not before confirmed by us, shall at any time be disallowed and not approved, and so signified by us, our heirs and successors, under our or their sign manual or signet, or by order of our or their privy-council unto you, the said Benjamin Fletcher, or to the commander-in-chief of the province of New York, for the time being, then such and so many of them as shall be so disallowed and not ap- proved, shall from thenceforth cease, determine, and become utterly void, and of none effect : and to the end that nothing may be passed or done by our said council and assembly to the prejudice of us, our heirs, and successors, we have hereby willed and ordained that you, the said Benjamin Fletcher, shall have and enjoy one negative voice in the making and passing of all laws, statutes, and ordinances, as aforesaid ; and that you shall and may, from time to time, as you shall judge it necessary, adjourn, prorogue, and dissolve all general assemblies aforesaid. " We, therefore, reposing special trust and con- fidence in tlie prudence, courage, and loyalty of you, the said Benjamin Fletcher, to be our captain- general and governor-in-rhief, in and over our pro- vince of Pennsylvania, and in the country of New- castle, and all the tracts of land depending thereon in America, and we do accordingly, by these pre- sents, command and require you to take the said province and country under your government, and for the better ordering, governing, and ruling over said province and country, and the tracts and terri- tories depending thereon, we do hereby give and grant unto you, the said Benjamin Fletcher, all and every the like powers and authorities, as in our said commission, bearing date the eighteenth day of March, in the fourth year of our reign, are given, granted, and appointed you, for the ruling and governing our province of New York, to be exer- cised in like manner by you, the said Benjamin Fletcher, in and over our said province of Penn sylvania, and the country of Newcastle, and the territories and tracts of land, depending thereon in America." Governor Fletcher, who received this commis- sion in the commencement of 1693, immediately repaired to his new government, having first notified his intention by the following letter. " To the honourable Thomas Lloyd, Esq., de- puty-governor of Pennsylvania. " Sir, Having received their majesties' com' mission, under the great seal, for the government o Pennsylvania, and being required to make a speedy epair to that province, I think fit to acquaint you, hat I propose to begin my journey from home, on Monday, the 24th instant, and desire the council, and principal freeholders may have notice; that .heir majesties' commands may be communicated o them, so soon as I arrive, which, I hope, may be the '29th, " I am, Sir, your very loving friend, " BENJAMIN FLETCHER. " New York, April the 19th, 1693." Governor Fletcher arrives at Philadelphia Council*! address to the governor Proceedings of the gover- nor and assembly, fyc. The defence of Albany Assembly's address to the governor, with his answer The assembly's remonstrance, u-ith other proceed- ings A law for the support nf government, fyc. Assembly's petition to the governor Resolve of the assembly, and protest of some of its members Go- vernor t Fletcher dissolves the assembly, appoints William Markham his deputy, and departs for New York Death of the former deputy-governor, Tho- mas Lloyd. (1693.) Colonel Fletcher arrived at Philadelphia with more of ceremony than had been usually seen before in Pennsylvania; and the persons in the present administration appear to have given up the government to him, without any notification, or order to them, either from the crown, or the proprie- tary ; for which, afterwards, in a letter to certain of them, Penn seems to have blamed their conduct, pecially that of his Deputy Lloyd; but yet con- ceiving they intended for the best, he excused them. He likewise wrote to Fletcher himself, cautioning him to beware of meddling with it, in the present circumstances, and reminding him of his particular obligation to him. This the proprietary having mentioned in a letter o his friends in the province; the following an- swer, respecting the governor of New York, was returned by six of them, viz. Arthur Cook, John Simcock, James Fox, Samuel Richardson, George Murrie, and Samuel Carpenter, dated Philadelphia, the 18th of January, 1694, " That if the said letter (to Fletcher) had come in time (as we are informed), be would hardly have proceeded so far in taking this government; and, therefore, we could hare wished t had come sooner, if haply it had been a means to prevent so great trouble and loss to thee and us; who are (as we stand related) great sharers with thee, in all things tending to the hurt of the pro- ice." Governor Fletcher, soon after his arrival, called an assembly : prior to which, a dispute, arising between him and the council, respecting the mode of electing and convening them, occasioned the following address to him, from the members of the council, delivered on the 29th of April, viz : " To Benjamin Fletcher, captain-general, and governor-in-chief," &c. " The humble address of the freemen of the pro- vince of Pennsylvania, presented by their delegates, members of the provincial council, sheweth, " That, whereas the late King Charles II., in the 33d year of his reign, by letters patent, under the great seal of England, did, for the consideration therein mentioned, grant unto William Penn and his assigns, this colony, or tract of land, erecting the same into a province, calling it Pennsylvania, and constituting the said William Penn absolute proprietary of the said province, saving (among other things) the sovereignty thereof, with power also, by virtue of the said royal charter, to the said THE HISTORY OF AMERICA. William Penn, his deputies and lieutenants, to make laws, with the advice and assent of the free- men of the said province, or the greatest part of them, or of their delegates, or deputies, whom, for the enacting of the said laws, wnen, as often as need required, he, the said William Penn, should assemble, in such sort, as to him should seem best, with divers other great powers, immunities and pri- vileges, in the same charter contained, which, rela- tion being thereunto had, may more at large appear. " By virtue, and in pursuance whereof the said proprietary, William Penn, with the advice and consent of the freemen of this province, in general assembly met, at Philadelphia (in 1683), did enact, that the time for the meeting of the freemen, to choose their deputies, to represent them in provin- cial council, and general assembly, should be on the 10th day of the first month, yearly ; and the members chosen for the provincial council (consist- ing of three persons out of each county), should give their attendance within twenty days after election, in order to propose bills ; and the members of as- sembly, being six out of each county, should meet on the tenth of the third month, called May, yearly, in order to pass those proposed bills into laws ; but in case any of the said members should either be of ill fame, or wilfully absent from their service, or happen to die. it is provided by another law (made in 1684), that it shall be lawful for the proprietary and governor, within ten days after knowledge of the same, to issue out a writ to the sheriff of the county, for which the party was chosen immediately to summon the freemen to elect another member, &c. " Now, forasmuch as the present emergency of affairs in this province may require a general as- sembly to be speedily called, and since we conceive it hath pleased the king and queen so far to coun- tenance our laws and constitution as to direct the present governancy to rule thereby, until the laws be duly made, to alter or amend the same ; " We therefore earnestly desire, that no other measures may be taken for electing, or convening, cur legislative power, than our recited laws and con- stitutions of this government prescribe, the rather for that the said king did, by his letters patent, en- join, require, and command, that the laws made, as aforesaid, should be most absolute and available in law, and that all the liege people and subjects of the said late king, his heirs and successors, should observe and keep the same inviolable in these parts. Joseph Growdon, John Bristow, John Delavall, John Simcock, Hugh Roberts, Samuel Lewis, Ri- chard Hough." The assembly, being met on the 16th of May, presented their speaker, Joseph Growdon, to the governor for his approbation ; who being accepted, the oaths and tests were presented to the whole house, in the manner of other governments, under the im- mediate administration of the crown: but some of the members being scrupulous of taking oaths, and refusing to be sworn, were indulged with subscrib- ing to the declarations and professions, rrentioned in the act of parliament, for liberty of conscience, made in the first year of King William and Queen Mary. This the governor told them was an act of grace, and not of right, so as to be drawn into prece- dent in future. It does not appear that either the proprietary, or the people of Pennsylvania, had forfeited those rights and privileges, whose enjoyment had been the com- pact of their settlement of the province; of which privileges, those which respected their religious or conscientious scruples were the chief; but the con- trary rather is manifest. For, notwithstanding what was alleged for depriving the proprietary of the government, it was well known that the suspicion of his adhering too much to King James was the chief, if not the only cause for rendering him incapable of attending so properly to it, as it seemed at that time to require : but nothing was ever proved to confirm what was alleged against him, in that respect ; though it injured him so far as to oblige him for a time to secrete himself, and to be ab- sent too long from his province ; from which some disorders occurred, that in all pobability would other- wise have been prevented ; but none of such mag- nitude as to prevent the regular administration of justice, as seems to have been alleged by the ene- mies of the prosperity of the province ; much less to give just occasion for depriving the colonists of their dearly bought rights and privileges, granted by charter, confirmed by laws, and familiarized by custom ; though it might be called a favour to enjoy them where power alone has the rule, without having any regard to justice. For notwithstanding the governor was changed, yet it was presumed the government, or constitution, was not to be violated or altered, and that the inhabitants of Pennsylvania had as just a right to be governed according to the usages of Pennsylvania, and their own laws then in force, as those of New York had to be governed according to the usage of that province, though their usages were different, so long as justice was equally well administered by the former, as by the latter, and in a manner more agreeable to them. The assembly, however, in consideration of the present circumstances of affairs, thought it most prudent to submit, though not consistent with a pri- vilege, to which, in their apprehension, they had a right, and below the justice of their claim; and, for the present, acknowledged the same as an act of grace and favour proceeding from the justice and kindness of the governor. The assembly being qualified, the governor com- municated to them a letter, which he had received in the last year from the queen, setting forth, that the expense for the preservation and defence of Albany against the French, had been intolerable to the inhabitants there ; and that, as it was a fron- tier by which several of the other colonies were in some measure defended, it was thought reasonable that those colonies should assist the 'government of New York in the maintenance and defence of it during the war. The first question put by the assembly after their meeting, was, " How far the laws of the province, and constitution of the government, founded on the powers of the king's letters patent to the proprietary, William Penn, were in force ?" upon which it was unanimously resolved, "That the laws of this pro- vince, that were in force and practice before the ar- rival 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 thereof." Accordingly the following address was drawn up and presented to the governor : " To Benjamin Fletcher, Esquire, Captain-gene- ral and Governor-in-chief, of the province of Penn- sylvania, and country of Newcastle, " The humble address of the freemen of said province and country, Sheweth, " That since it hath pleased the king and queen, that the absence of our proprietary's personal atten- dance in this government should be superseded by UNITED STATES. 831 thee, or thy lieutenant, we, the representatives of the freemen of the said province and territories ( with due respect to the powers of thy commission, am nearly acknowledgment of thy good-will, care, anc tenderness towards us), do readily acquiesce with the king's pleasure therein, earnestly beseeching that our procedure in legislation may be according to the usual method and laws of this government founded upon the late king's letters patent; which we humbly conceive to be yet in force, and therefore we desire the same may be confirmed unto us, as our rights and liberties. And we, with all faithful- ness and sincerity, do give what assurance we are capable of, in the present circumstances we are, to answer the queen's letter, and thy request, accord- ing to our ability. " Third month 17th, 1693." To which the governor returned the following an swer : " Gentlemen, " I, with the council, have considered your ad- dress, and am sorry to find your desires grounded upon so great mistakes. The absence of the propri- etary is the least cause mentioned in their majesties' letters patent, for their majesties asserting their un- doubted right of governing their subjects in this province. There are reasons of greater moment; as, the neglects and miscarriages in the late admi- nistration ; the want of necessary defence against the enemy, and the danger of being lost from the crown. " The constitution of their majesties' government, and that of Mr. Peun, are in a direct opposition one to the other ; if you will be tenacious in stick- ling for this, it is a plain demonstration use what words you please that indeed you decline the other. " I shall readily concur with you' in doing any- thing that may conduce to your safety, prosperity, and satisfaction, provided your requests are consist- ent with the laws of England, their majesties' let- ters patent, and the trust and confidence their ma- jesties have reposed in me. "Time is very precious to me: I hope you will desist from all unnecessary debates, and fall in ear- nest upon those matters I have already mentioned to you, and for which you are principally convened." The debates of the house, upon this answer to their address, produced the following remonstrance to the governor : " To Benjamin Fletcher, Esquire, Captain-gene- ral, and Governor-in-chief, in and over the province of Pennsylvania, country of Newcastle, and tracts of land depending; " The remonstrance of the freemen of the said province and country, in assembly met, " Humbly sheweth, " That having, with all dutiful respect, read and considered the governor's answer to cur address this morning, we, in answer thereunto, with submission say, we conceive that our desires were not grounded on mistakes, in relation to the proprietary's absence. " But, as to the other clause, mentioned by the governor, of their majesties asserting their un- doubted right of governing their subjects in this province, &c. we, with all readiness and cheerfulness, own accordingly to the right of the king and queen, whose prosperity and happy reign we heartily de- sire ; and as to the other reasons rendered, for su- perseding our proprietary's goveinancy, we appre- hend they are founded on misinformations : for the courts of justice were open in all counties in this government, and justice duly executed, from the highest crimes of treason and murder, to the detei- mining the lowest differences about property, before the date or arrival of the governor's commission ; neither do we apprehend that the province was in danger of being lost from the crown, although the government was in the hands of some whose prin- ciples were not for war ; and we conceive that the present governancy hath no direct opposition (with respect to the king's government here in general) to our proprietary, William Penn's, though the exercise of thy authority at present supersedes that of our said proprietary ; nevertheless we readiy own thee for our lawful governor, saving to our- selves, and those whom we represent, our and their just rights and privileges. " JOSEPH GROWDON, Speaker. " The 17th of the Third month, 1693." What reply the governor made, or whether he gave any, does not appear ; but the assembly having thus asserted their privileges, proceeded to enact sundry laws. One for the support of government; and such others as were thought necessary, either to be renewed, or repealed for the public good. The law for the support of government, was entitled, " An act for granting to King William and Queen Mary the rate of one penny per pound upon the clear value of all real and personal estates, and six shillings per head upon such as are uot otherwise rated by this act, to be employed by the governor of this province of Pennsylvania, and territories thereof, for the time being, towards the support of this government." These enactments were sent up to the governor and council, and were detained by them for sometime, to see what the assembly would do, in consequence of the queen's letter respecting the maintenance of Al- bany. This delay, with the governor's asserting, " that the assembly should have no account of the rill (of supply, or for the support of government) till they came in a full house before him, to give the last sanction to the laws;" and, "that he saw nothing would do, but an annexion to New York," induced the house to send the following petition to the governor. " To Benjamin Fletcher, Esq. Captain-general and Governor-in-chief. in and over the province of Pennsylvania, country of Newcastle, and tracts of and depending. " The humble petition of the freemen of the said province and country, in assembly met, " Sheweth, " Thai they being deeply sensible of the many nconveniences that may attend a misunderstand'- ng between the governor and freemen, do earnestly desire all occasions may be taken away, and with all humility, beg the governor would be pleased, in ender regard to the trust, lodged in the said repre- entatives, to condescend so far, as to inform them, ^hich of their bills the governor will accept, amend, ir reject ; that by knowing which of the said bills are disliked by the governor, the assembly may dispose hernselves to acquiesce with the governor's pleasure, >r endeavour to satisfy the governor and council with he reasonableness of the said bills ; which being done, will remove all doubts and troubles from our minds, apon that occasion, and we shall proceed with cheer- \ilness to finish this general assembly, to the :ing's honour, and the general satisfaction of the governor and government. "Third month, 31st, 1693." Notwithstanding the gentle terms of this petition, he assembly unanimously resolved, " That all bills ent to the governor and council, in order to be imeudod, ought to be returned to this house, to 832 THE HISTORY OF AMERICA. have their further approbation, upon such amend- ments, before they can have their final assent, to pass into laws ;" and there was a party in the house, who strenuously asserted their undoubted rights, as founded on their then present charter of privileges, but, being the smaller number, all they could do terminated in the following protest: " Philadelphia, Fourth month 1st, 1693. " We whose names are hereunto subscribed, re- presentatives of the freemen of this province, in as- sembly, do declare, it is the undoubted right of this house to receive back from the governor and council all such bills as are sent up for their approbation, or amendments, and debate the same, as the body of the bills, and that the denial of that right is de- structive to the freedom of making laws ; and we do also declare, it is the right of the assembly, that before any bill for supplies be presented for the last sanction, aggrievances ought to be redressed: therefore, we, with protestation (saving our just rights in assembly), do declare, that the assent of such of us as were for sending up the bill, for the supply this morning, was merely in consideration of the governor's speedy departure, but that it should not be drawn into example, or precedent for the luture. " David Lloyd, James Fox, John Swift, John White, George Maris, Samuel Richardson, John Simcock, Samuel Preston, Samuel Carpenter, Henry Paynter." According to the assembly's petition the governor sent back several 'bills, with his objections, for amend- ments ; which being agreed to, were afterwards passed. And the rolls of such old laws, as the as- sembly did not think fit to repeal, to prevent any d ubt of their being in force, being sent up to him, were signed by him, for confirmation. After which he dissolved the assembly, by their own ad vice, and departed for his government at New York, having first appointed William Markham, lieute- nant-governor in his stead. From the sums raised by the tax of one penny in the pound, as exhibited in the votes of assembly, may pretty nearly be estimated the value of all the private estates and property at that time in the province and territories : Counties. Sums. Philadelphia 314 11 11 Newcastle 143 15 Sussex 101 1 9 Kent 88 2 10 Ches^r 65 7 Buck 48 4 1 Total 760 16 2 *- (1691.) During Governor Fletcher's administra tion here, he appears to have been several times in the province, but never long at one time. He me the assembly again in May 1694 ; and, in a messagi to them, dated Philadelphia, May 23d, 1694, ac quaints them, " That ho had been disappointed in meeting them sooner, according to his intention, and direction given for calling the assembly ; by reason of being under a necessity to repair to Albany, on intima tion given, that the five nation Indians, which hat been so long faithful to the English, were now de bauched to the French interest, and entering into a league with the governor of Canada ; which was a matter of the highest importance to the neighbour ing colonies, and required his utmost abilities am application to prevent. 4 That he was come to lay the whole affair before hem, assuring them, that their own Indians here would be compelled to join the fatal confederacy. " That, in consequence hereof, he had seen 80 ne farms all deserted about Albany. " That the Jerseys had done more for the common iefence than all the other adjacent provinces. " That he considered their principles, that they ould not carry arms, nor levy money, to make war, hough for their own defence, yet he hoped they would not refuse to feed the hungry and cloath the naked; that was, to supply the Indian nations with uch necessaries, as may influence their continued riendship to these provinces. " Lastly, that he was ready, as far as in him lay, onsistent with the rules of loyalty, and a just regard o liberty and property, to redress their grievances f they had any." , During this, and the succeeding session, in Sep- ember this year, several laws were passed, which jnds the administration of Governor Fletcher. What return was made by the house to his re- quest, in the latter part o'f the above message, does not clearly appear ; it only appears that, in a letter f Penn's, dated " Bristol, fifth of the ninth month, 1695," which seems to allude to part of the present proceedings, he observes and complains of " there jeing factious persons in the colony, that disturbed >r threatened the tranquillity of the government ;" and he blames the province " for refusing to send money to New York, for what he calls a common defence, urging their compliance, and expressing the danger of their oversetting the government again by such refusal;" which, before that time, was restored to him, Markham being his deputy. In a postscript to this letter, he adds, " I must say that what I have spent upon the province, as governor and planter, is the foundation of my present incumbrauce, as Ph. F. (Philip Ford) knows, and asserted to the lords of plantation* lately, to be 4,000/. more in the whole, than I ever received for lands, besides what it has cost me here." On the 10th of September this' year (1694) died Thomas Lloyd, the proprietary's late deputy- governor, aged about 54 years. His father was a person of some fortune and rank, of an ancient family and estate called Dolobran, in Montgomery- shire, in North Wales. This, his son Thomas Lloyd, was a younger brother, and was educated in the best schools, from which he was removed to the University of Oxford, where he is said to hare made considerable proficiency ; and, being endowed with good natural capacity, and an amiable disposition, he attracted the regard and esteem of persons ot influence, and was afterwards in the way to con- siderable preferment; but he joined the Quakers, and renounced all worldly considerations for that peace of mind, which he believed to be the effect of true religion, and* became a highly esteemed preacher in that society. In consequence of which, having suffered much unmerited reproach, persecution, and loss of property in his native country, he afterwards removed to Pennsylvania, among" the first or early settlers, and was one of Penn's most intimate friends. He was mostly one of the principal persons in the government from his first arrival, and of very great service in the public affairs : yet he is said to have accepted of the eminent offices, which at different times he held in the administration, entirely from motives of public spirit. UNITED STATES. 8*3 P*nn cleared of the accusation* againtt him, and hit government restored- Death of his wife, Gulitlma Maria He commissions William Markham his lieutenant-governor His useful employment in Eng- landHit second marriage Dtath of his eldest ton, Springett Proceedings of the assembly in 1696- Their remonstrance, Sfc. Further proceed- ings of the legislature ; wfterein a bill of settlement is agreed to and passed, called the third frame of government, fyc* State oj the province about this time A proclamation. We now return to Penn ; who, in the latter part of the year 1693, through the mediation of his friends, the lords, Rochester, Ranelagh and Sidney, in which the Lord Somers, the duke of Buckingham, and Sir John Trenchard also assisted, was admitted to make his justification; which he did so effec- tually, that he was not only readily acquitted of the charge against him, but also had his government restored. The three first-mentioned lords went to the king, on the 25th of November, and represented to him Penn's case, " As not only hard, but oppressive ; that there was nothing against him, but what im- postors, or those that were fled, or that had, since their pardon, refused to verify (and asked William Penn pardon, for saying what they did), alleged against him; that they (the said lords) had long known William Penn, some of them 30 years, and had never known him to do an ill thing, but many good offices ; and that, if it was not for being thought to go abroad in defiance of the government, he would have done it two years ago; that he was, therefore, willing to wait to go about his business as before, with leave, that he might be the better re- spected, in the liberty he took to follow it." To which the king answered, " That William Penn was his old acquaintance, as well as theirs ; that he might follow his business as freely as ever; and that he had nothing to say to him." Upon which they pressed him to command one of them to declare the same to the secretary of state, Sir John Trenchard; or that, if he came to him, he might signify the same to him; which the king readily did ; and the Lord Sidney, as Penn's nearest friend, was to tell the secretary; which being done, the secretary, after speaking himself, and having orders from the king, appointed Penn a time to meet him at home; who then (November 30th), in company with the marquis of Winchester, told him, " He was as free as ever," adding, " That he doubted not his prudence about his quiet living, so he assured him he should not be molested, or injured, in any of his affairs, at least while he held that post." Soon after this Penn lost his wife, Gulielma Maria, who died in February 1694, with whom he had lived, in the utmost tenderness, about 21 years; her excellent character is recorded by himself in hig printed works. He was reinstated in his government of Pennsylvania by letters patent, dated 20th day of August, in the sixth year of the reign of William and Mary, 1694; after which he sent a commission to William Markham, constitu- ting him his lieutenant-governor of Pennsylvania and territories, dated " ninth month 24th, 1694." Now for several years successively his beneficent services, and useful actions in his native country, particularly to his own religious society, are repre- sented to have been very considerable ; in which time he published many useful treatises, on different sub- tects ; and he was likewise a solicitor to the gorern- HIST. OF AMKR. No. 105 & 106. ment for the relief of his friends, the Quakers, in the case of oaths. On the 5th of March, 1696, he consummated his second marriage, at Bristol, with Hannah, the daughter of Thomas Callowhill, and granddaughter of Dennis Hollister, an eminent merchant of that city. She was said to be a religious young woman, of excellent qualities ; with whom he lived during the rest of his life ; and had issue by her, four sons and one daughter. In the April 1696, his eldest son, by his former wife, named Springett, died at Worminghurst, in Sussex, of a consumption, in the 21st year of his age; a most promising young man. After this William Penn paid a religious visit to his friends, the Quakers, in Ireland, accompanied by John Everett and Thomas Story ; who were likewise two eminent preachers in that society; and he wrote several treatises in vindication of his religious prin- ciples, &c. till the year 1699, when he began to make preparation to revisit his province of Penn- sylvania. William Markham being, by the proprietary, after his restoration, constituted or appointed his deputy- governor, as before observed, first under that ap- pointment, met a council on the 20th of April, and an assembly, on the 10th of September, 1695; which, after they had sat some time, appear to have been unexpectedly dissolved by Markham. The form of the writ for calling that assembly was as follows : " (L. s.) William Markham, Esq. governor undet Willam Penn, absolute proprietary of the province of Pennsylvania and counties annexed, to Arthur Meston, sheriff of the county of Kent, greeting: " Whereas, their sacred Majesties William and Mary, by the grace of God, king and queen of En- gland, Scotland, France and Ireland, defenders of the faith, &c., did, by their letters patent, under the great seal of England, bearing date the 21st day of October, in the fourth year of their reign, for the reasons therein expressed, find it absolutely necessary to take the government of said province of Pennsylvania into their own hands, and under their immediate care and protection ; and, therefore, did constitute and appoint Benjamin Fletcher, Esq. captain-general, and governor-in-chief of their ma- jesties' province of New York, to be captain-gene- ral, in and over their said majesties' province of Pennsylvania, and country of Newcastle, and all the tracts of land depending thereon in America, thereby commanding and requiring him, the said Benjamin Fletcher, to take the said province of Pennsylvania and country under his government; who accordingly took the same under his govern- ment, by publication of the said letters patent, in the town of Philadelphia, upon the 26th of April, 1693 : and whereas, their sacred majesties have since been most graciously pleased, by their letters patent, under the great seal of England, bearing date the 20th day of August, in the sixth year of their reign, for the reasons therein expressed, to restore the said William Penn, proprietary of the said province of Pennsylvania and territories, unto the administration of the government thereof: and, whereas, the said William Penn has been pleased, by his commission, under his hand and seal of the said province, bearing date the 29th day of the ninth month, 1694, to constitute me governor under him, of the said province of Pennsylvania, and counties annexed, strictly charging and command- ing me, to govern according to th known laws and 4 C &34 THE HISTORY OF AMERICA. usages thereof. I, therefore, by virtue of the said power and authority, derived unto me, command you, that forthwith you summon all the freemen of your said county, to meet upon the tenth day of April, at the usual place of meeting, then and there, according to law and charter, to choose three per- sons to serve in provincial council, one for three years, one for two years, and one other for one year ; and six persons to serve as members of as- sembly ; and upon the election of members of coun- cil, to acquaint them to attend me on the 20th day of April next, at Philadelphia, to form a provincial council, to advise with me in matters relating to the government ; whereof they are not to fail ; and make return of the names of the said freemen, so to be chosen, and of this writ, into the secretary's office, for the said province and territories, at and before the said 20th day of April next ; hereof fail not at your peril ; and for your so doing this shall be your sufficient warrant. " Given under my hand and seal of the province, this 26th day of March, annoque regni regis et re- ginae, Gulielmi et Mariae, nunc Angliae, &c. sep- timo, in the fourteenth year of the proprietary's government, annoque Domini 1695. " WILLIAM MARKHAM." After this he called another assembly, to meet at Philadelphia, on the 26th of October, 1696. This assembly chose John Simcock of Chester, for their speaker ; and, in a message to the governor, they observed, that though he had convened them by his writs, not so conformable to their charter, as they could desire (which was upon Fletcher's plan), yet they had obeyed the same, and considered what he had laid before them, viz. " To answer the late queen's letter, and the proprietary's promise upon his restoration to the government ;" respecting which they told him, " That they were unanimously ready and willing to perform their duty therein, so far as in them lay, if the governor would settle them in their former constitution, enjoyed before the go- vernment was committed to Governor Fletcher's trust;" which affairs, with the proceedings of the last assembly, appear more fully in the following re- monstrance : "To William Markham, governor under William Penn, proprietor of the province of Pennsylvania, and territories thereunto belonging, " The remonstrance of the freemen of the said province and territories, convened in assembly, by virtue of the governor's writs, at Philadelphia, the 28lh of October, in the eighth year of King Wil- liam's reign over England, &c. annoque Domini 1696. " Humbly sheweth, " That, whereas, the late King Charles II., by his royal charter, made in the 33d year of his reign, under the great seal of England, was pleased to signify, that William Penn (out of a commenda- ble desire to enlarge the British empire, and pro- mote such useful commodities as might be of benefit to the king and his dominions, as also to induce the savage nations, by gentle and just manners, to the love of civil society, and the Christian religion) had humbly sought leave to transport an ample co- lony into this country ; wherefore, the said king, favouring the petition, and good purpose of the said Willim Penn, did, in and by the said charter, for him. his heirs and successors', give and grant unto the said William Penn, his heirs and assigns, all this said country, and tract of land, called Pennsyl- vania, and constituted him, the said William Penn, absolute proprietor thereof, vesting him, and such as were to be adventurers with him, the settlers and inhabitants of said province, with divers powers, pri- vileges and immunities, under the reservations, pro- visos and restrictions, in the said charter specified ; charging all officers, &c. to bo, at all times aiding and assisting to the said William Penu, and unto the said inhabitants and merchants of the said pro- vince, in the full use and fruition of the benefits of the said charter. " In pursuance whereof the said William Penn, aud divers substantial persons, who first embarked ith him, in that so commendable a design, did soon afterwards (by the advice of learned councu) conclude upon a certain frame of government, con- sistent with the powers of the said patent, but suit- able with the religious persuasion of the major part of the undertakers, and well accommodated to all. This model, together with the franchises and im- munities expressly granted by the aforesaid letters patent to the people, did induce them to conceive (and, we hope, upon just grounds too) that since the king had been so favourably pleased to incor- porate them, and in so great a measure, connected the people's privileges with their properties, that they could not be any more divested of the one, than the other, but by due course of law, and proved more than ordinary motives to incline several hundreds to transport themselves and families into this country, out of divers parts; so that this province hath not been at first populated under William Penn's go- vernment, with transported felons, or criminals, but mostly the people called Quakers, men of truth and sobriety, having visible estates and credit in the world ; who, with no less desires of that free- dom, to answer the end of the king's grant, (with respect to propagating the Christian religion) were made willing to leave their native land, part with their friends and near relations, and remove them- selves into the wilderness, hoping to enjoy their said privileges and liberties, more than any prospect, they had of worldly advantage, or preferment; and when they arrived here, exposed themselves and tender families to great hardships (attending the hazard and inconvenienciesof a new plantation), ex- hausted their estates, and have not been at all chargeable to the crown, in so considerable a settle- ment, as is well known ; but before they could tho- roughly come into a comfortable way of living, and put themselves into a capacity to -pay either their particular, or public debts, this government be- came (it seems) as the butt of our neighbour's envy ; who, misrepresenting things at home, did obtain a commission from the king and queen, constituting Colonel Fletcher, commander-in-chief over this pro vince and territories; who, during his governancy, diverted the course of our legislative procedure, and introduced another method ; and continued the same, until the said king and queen were favour- ably pleased, by their letters patent, to restore the said proprietary to the administration of the govern- ment of this province and territories ; upon which restoration, the power and authority, which Colonel Fletcher had made use of, to lay aside our charteral rights and privileges, were by the said patent deter- mined, and made void. " Wherefore, the proprietary thought fit to au- thorize thee to act according to the known laws and usages of this government: in pursuance whereof thou wast pleased to issue forth thy writs, directed to the respective sheriffs of this province and terri- tories, commanding them to summon all the free- UNITED STATES. 835 men of the respective counties to meet upon the tenth day of the month called April, 1695, in the usual place of meeting, then and there, according to law and charter, to choose three persons in each county, to serve in provincial council, one for three years, one for two years, and the other for one year; and six persons out of each county to serve as mem bcrs of assembly. In obedience to which writs elections were made, and a general assembly began to be held here, on the tenth day of September, 1695 : and, truly, those of us, that attended that ser- vice, were glad, when thou so frequently expressed thy readiness to confirm our rights and privileges, adding, ' That thou wouldest not so much as endea- vour to diminish them ;' which gave further encou- ragement to the then representatives ; who with much alacrity, and dutiful acknowledgments of the king's justice and favour, in restoring the said proprietary to his rights, did proceed to manifest their affections to the king, as well as their readi- ness to answer his expectations, about supporting this government, so far as in conscience they could, according to their ability, and circumstances of affairs ; and so agreed to make an assessment of money, upon all estates within this province and country, for the support of government ; which, together with the 250Z. sterling, thentofore raised, and made payable to Colonel Fletcher, toward the support of this government, and not expressly ap- pointed for any other particular use, they, the said representatives, humbly desired might be deemed and taken, instead of the assistance required from this country ; the same being in answer to the late queen's letter, so far as, in conscience and abilities, they could comply therewith ; and so perfected the bill, ready for thy passing ; having joined therewith only one bill, modelled with thy approbation, and corrected according to thy own direction, contain- ing some fundamental liberties, which we look upon to be as much the people's rights, as the land they hold. " But, instead of giving thy sanction to those bills, thou hast, contrary to the tenor of said writs, and against our legislative rights and privileges, un- dertaken to dissolve both council and assembly; which, we understand, was so surprising and unex- pected to the said representatives, that they had neither time to explain their real intentions, in what they urged and insisted on, or opportunity to see the minutes of their journal perfected ; whereby their proceedings might have been more fully and fairly rendered. " And we are given to understand, and those of us that were concerned in that dissolved assembly, do declare, ' That where any thing has been there voted, about proceeding in legislation, without the formality of promulgating bills, according to char- ter, it was chiefly to expedite the passing of the money-bill, to answer the late queen's letter, in manner aforesaid, and not intended to be brought into example, unless agreed on, to be inserted in the other bill, or new act of settlement.' And we also understand, that where mention was then made of any difficulty, or inconvenience, in resuming the charter, it was but in circumstantials, and had re- spect only to the time of meeting, number of mem- bers, and such like, not that we then did, or do now, think that the people had any way forfeited, or lost the benefit and privileges in those branches thereof, which direct that this government, according to the powers of the king's patent, and the late duke of York's deeds of feoffment, should consist of the pro- prietary, governor and freemen of the said province and territories, and in form of a provincial council and assembly, chosen by the people ; and that the governor, or his deputy, should perform no act of state that relates to the justice, trade, treasury, or safety of the province and territories, but by the advice of the said provincial council; and such other fundamental parts of the said charter, where- with we are invested by virtue of the king's letters patent, for restoring the proprietary. " Now, for as much as thou hast refused to pass the said bill, or new act of settlement, and not in- clined to the advice of thy assistant, in issuing forth writs, for chusing members of council and assem- bly, on the last charteral day of election, but used thy endeavours to discourage the people then to elect, and hast now convened us, contrary to our former usage, notwithstanding we still hold our- selves concerned to embrace this opportunity, as we are, and shall be, ready upon all occasions to express our duty and affection to the king, for hig justice and favours to the government, and our well- wishes to thyself, we desire thee to take some speedy course to establish us in our Just rights and privi- leges, whereby we may be in a fit posture effectually to answer and observe the king's command, relating to this government, and the proprietary's engage- ments in that behalf, so far as our religious per- suasions can admit. " Signed by order of the House, " JOHN SIMCOCKE, Speaker." It does not appear what particular answer the overnor gave to this remonstrance; but the speaker, with the house, waited upon him, at his desire ; to whom he delivered a letter from the late Governor Fletcher, requesting money, for the relief of the Indians at Albany. Upon which, on the 31st of October, 1696, a committee of the house, being joined by a committee of the council, in order to answer the queen's letter, and preserve the peo- ple's privileges, agreed in recommending, " That the governor, at the request of the assembly, would be pleased to pass an act (of settlement, must be understood), with a salvo to the proprietary and people ; and that he would also issue out his writs, for choosing a full number of representatives, on the 10th day of the first month next, to serve in provincial council and assembly, according to the charter, until the proprietary's pleasure be known ;herein ; and that, if the proprietary shall disap- prove the same, then this act shall be void, and no ways prejudicial to him, nor the people, in relation o the validity or invalidity of the said charter." This was unanimously approved by the assembly; and a bill of settlement, and a money bill were .hereupon agreed upon, and passed. The money bill was for raising 300/., for the sup- >ort of government, and relieving the distressed In- dians, inhabiting above Albany, in answer to the queen's letter; which money, being immediately wanted was therefore borrowed, until it could be aised by the act, and remitted to Colonel Fletcher, at New York, to be applied to the use intended. The bill of settlement being finished, besides four ithers passed by Markham, it thence became the hird frame of government ; and, being afterwards enforced by some other laws, it continued in force ill the year 1701. By this charter, or frame of government, the council was to consist of only two nembers out of each county, and the assembly of bur: making in all twelve members of council, and 24 of the assembly. 4 C 2 83f THE HISTORY OF AMERICA. In the year 1697, Governor Fletcher, of New York, in a letter to Markham, informed him, that the 300/., sent last, year, was expended in contin- gencies, to feed and clothe the Indians, as was de- aired ; and that he requested further assistance. A committee of the council and assembly, to whom the affair was referred, in their report, in answer to this letter, expressed their acknowledgments for his, and that government's regard and candour to them, in applying that money to the use intended ; but, as to further supply at present, they urged the in- fancy, poverty, and incumbered state of the colony, in excuse for non-compliance ; at the same time, declaring their readiness to observe the king's fur- ther commands, according to their religious persua- sions and abilities. (1698.) From about this time, till the arrival of the proprietary, in the latter part of the year 1699, the accounts of the public affairs appear defective, or not many of much importance occur. The pro- vince seems, at that time, to have enjoyed a state of great tranquillity and prosperity, v/hen compared with that of other countries; but it cannot be sup- posed, without some of those difficulties, which al- ways attend the settlement of new colonies. And, as prosperity and success create envy in malignant minds, so we find, in this province, that whatever was a little amiss at any time, was greatly exag- gerated, and its strue state misrepresented, either by those who were natural enemies to its prospe- rity, or by discontented spirits within it, both in early time and since. But however the base may endeavour to cover themselves, by mixing among those of reputation, and the dishonest screen their character, by asso- ciating with the honest, yet something of this ma- lignity of mind in some persons out of the province, besides what might, in reality, have been wrong in it, soems to have administered occasion for the fol- lowing proclamation, published in the year 1698: " By the governor and council of the province of Pennsylvania, and counties annexed. " A Proclamation, " Whereas our proprietary hath lately given us to understand of sundry accusations, or complaints, against this government, for conniving at illegal trade and harbouring of pirates ; as also of the re- ports that are gone to England, about the growth of vice and looseness here. . " As to the former, it is evident that they are the effects of the envy and emulation of those, who, by such unfair and indirect means, would accom- plish their designs against this government : for that we are satisfied the generality of the people, merchants and traders of this province and territo- ries, are innocent and clear of those imputations. And this country so posited, Philadelphia is become the road, where sailors and others do frequently pass and repass between Virginia and New England, so that it cannot be avoided, but the bad, as well as the good, will be entertained in such an intercourse ; and since common charity obliges us not to pre- sume any persons guilty (especially of such great enormities), till by some legal probability they ap- pear so to be ; and though we find that the magis- trates, and people in general, are, and have been, ready, and perhaps more active and conscientious to serve the king and his officers, against all un- lawful trade and piracy, when any such offences have, by any means, come to their knowledge, than any of those neighbouring colonies, who have been fr qureinonious agaixt, in that behalf; yet we gaiMt can. do no less than, pursuant to our proprietary'i commands, put all in mind of their respective duties ; that there be no just cause for such complaints. " And, as concerning vice, we also find, that the ' magistrates have been careful and diligent to sup- press it ; but their endeavours have been sometimes ineffectual therein ; by reason that the ordinaries, or drinking-houses, especially in Philadelphia, grow too numerous, and the keepers thereof disorderly, and regardless of the tenor and obligations of their licenses, whereby they prove ungrateful to the go- vernor, and a reproach to the government. " Therefore, these are strictly to charge and command all magistrates and officers whatsoever, within the province and territories, as they regard the honour of God, and their allegiance to the king, faithfully to put in execution all the acts, or laws of trade and navigation, and also the laws and sta- tutes extant against piracy, whenever there is any such occasion; and to use their utmost diligence and care in preventing, suppressing, and punishing all vice, disorders, and loose living, wheresoever, and in whomsoever it shall appear. And to that end it is, by the governor and council, ordained that, from and after the first day of March next ensuing, the justices of the peace of each county, in the province and territories, at their respective general or private sessions, nominate and pitch upon such and so many ordinary keepers, or inn- holders, within the respective counties, as they shall be well assured will keep orders, and discourage vice : and the governor is pleased to condescend that he will license those so approved of by the justices, and will permit no other, to keep taverns, inns, or drinking-houses, within this government, than such as shall be so recommended, from time to time. " And we further strictly charge and command all persons, within this government, as they will answer the contrary at their peril, that they give due assistance to the magistrates and officers afore- said, in putting the said laws in execution, and suppressing vice, that the wrath of God, and the king's displeasure may not be drawn upon this poor country. Dated at Philadelphia, the 12th day of the twelfth month, February, being the ninth year of the year of William III., of Englan !, &c. King, anno Domini, 1697-8. " Signed by order of the governor and council, " Per PATBICK- ROBINSON." Penn, with his wife and family, sail foT Pennsylva* nia^ Yellow Fever in Pennsylvania Proceedings of the governor and assembly against piracy and illicit trade The proprietary's concern for the benefit of the Indians and Negroes, with the measures used Money requested of the assembly for the fortifica- tions on the frontiers of New York Assembly's address to the proprietary on this occasion Articlet of agreement bettfeen Penn and the Indians about Susquehanna, fyc. In the August of 1699, Penn, with his wife and family, took shipping for Pennsylvania; and, on the third day of the following month, from on board the ship, lying in Cowes' road, near the Isle of Wight, he took his farewell of his friends, in a va- ledictory epistle, directed to all the people called Quakers, in Europe. Ke sailed on the ninth of the same mouth; and was near three months at sea ; so that he did not arrive in Pennsylvania until the beginning of December, when a dangerous and contagious distemper, called the yellow fever, having raged in the province, and carried off great number* UNITEP STATES. 837 df pco"ple, had ceased. This remarkable sickness, which, ia the latter part of this year, had caused a great mortality in Philadelphia, had, for some time before, been very fatal in the West India Islands. Thomas Story, who had accompanied Penn tolre- land, in the last year, 1698 ; a man of ability, and after- wards of much utility, to the province, first arrived in Pennsylvania, in, or about this year, by way of Virginia, on a religious visit to the colonies. In his journal of his life, speaking of this sickness, at Phi- ladelphia, where he was then, he says : " Great was the Majesty and Hand of the Lord, great was the fear, that fell upon all flesh ; I saw no lofty, or airy countenance, nor heard any vain jesting, to move men to laughter ; nor witty repartee, to raise mirth ; nor extravagant feasting, to excite the lusts and desires of the flesh above measure ; but every face gathered paleness, and many hearts were humbled, and countenances fallen and sunk, as such that waited every moment, to be summoned to the bar, and numbered to the grave." The proprietary and his family were received with universal joy by the inhabitants, which was greatly increased when it was known that he in- tended iixing his residence among them, during the remainder of his life. Soon after his arrival he met the assembly; but it being then a very rigorous season, much public business does not appear to have been transacted ; except attempting to discourage piracy and illicit trade; for which principally, they seem to have been convened. Penn strongly represented to them the odium to which the government was exposed on this account ; and the obligations, which he was under, to his superiors to correct it. Two laws were passed immediately, and measures taken to clear the government from all unjust imputations the kind. In the March of 1700, Penn, at the monthly meet- ing of his friends, the Quakers, in Philadelphia, re- presented his anxiety respecting the negroes and Indians; exhorting and pressing them to a full dis- charge of their duty, in reference to them; but more especially urging, that they might as frequently as possible have the advantage of attending reli- gious meeting, and the benefit of being duly informed in the Christian religion. A meeting was conse- quently appointed more particularly for the negroes once every month; and means were used to have more frequent meetings with the Indians; Penn taking part of the charge upon himself, particularly the mode of conducting it, and the procuring of in- terpreters. The next assembly was convened at Philadelphia, on the 10th of May ; which was dissolved in the month following, and another was convened at Newcastle, in October. The upper counties, or the province, being dissatisfied with the charter, which had been passed by Markham, in 1696, part of the business of these assemblies was the consideration and preparation of a new one, better adapted to their inclinations and circumstances. The proprietary had several meetings with the different assembles, during his residence in the province ; wherein a great variety of public busi- ness was transacted with much general satisfaction. Part of which was the framing "a body of laws, and the new and last charter of privileges ; the latter of which was not finished until the October of the fol- lowing year. The number of laws passed by the proprietary, during his stay this time in the country, was 100; of which the major part were passed at New- castle. In the spring of the year 1701, the sea-coast ap- pears to have been so infested by pirates, as well as the dangers consequent on a French war, that the governor and council issued the following order, for the prevention of any surprise in that respect : " At a council held in Philadelphia, the 2d of the fourth month, 1701. " Present, the proprietor and governor, Edward Shippen, Samuel Carpenter, Thomas Story, Grif- fith Owen, Caleb Pusey. " For the greater security of this province and territories, and for preventing, as far as may be, surprises by vessels from sea. " Ordered, That the magistrates, for the county of Sussex, shall appoint, and take care that a con- stant watch and ward be kept, on the hithermost cape, near Lewis, in the said county: and in case any vessel appear from the sea, that may with good grounds be suspected of evil designs against any part of the government. " Ordered, That the said watch shall forthwith give notice thereof, with as exact a description and account of the vessel, as possibly they can, to the sheriff of the said county; who is required imme- diately to dispatch a messenger, express, with the same to the county of Kent; from thence to be forwarded from sheriff to sheriff, through every county, till it be brought to the government at Phi- ladelphia; which watch and expresses shall be a provincial charge. " Signed by order, " JAMES LOGAN, Secretary." In the beginning of August 1701, the proprietary acquainted the assembly, " That the occasion of his calling them, at that time (though it was with reluctance, considering the seasou), was, to lay be- fore them the king's letter, requiring 350/. sterling, from this government, towards the fortifications in- tended on the frontiers of New York ; and though he might have something else to lay before them, yet he deferred all till they had considered this point." After considering and debating on the subject of this letter, the assembly excused themselves, at pre- sent, with complying with the requisition, by the following address to the proprietary : " To William Penn, proprietary and governor of Pennsylvania. " The humble address of the Assembly. " May it please our proprietary and governor, " We, the freemen of the province and territo- ries, in assembly met, having perused the king's letter, requiring a contribution of 350J. sterling, to- wards erecting of forts on the frontiers of New York, &c., and having duly weighed and considered our duty and loyalty to our sovereign, do humbly address and represent that, by the reason of the in- fancy of this colony, and the great charge and cost the inhabitants have hitherto been at, in the settle- ment thereof, and because of the late great bums of money, which have been assessed on the province and territories, by way of impost and taxes, besides the arrears of quit-rents, owing by the people, aur present capacity will hardly admit of levying of money at this time. And further, taking into con- sideration, that the adjacent provinces have hitherto (as far as w can understand) done nothing in this matter; we are, therefore, humbly of opinion, and accordingly move, that the further consideration of the king's letter may be referred to another meet- ing of assembly, or until more emergent occasions THE HISTORY OF AMERICA shall require our further proceedings therein. In the mean time we earnestly desire the proprietary would candidly represent our conditions to the king, and assure him of our readiness (according to our abilities) to acquiesce with, and answer his com- mands, so far as our religious persuasions shall per- mit, as becomes loyal and faithful subjects so to do." Though the assembly appeared not unwilling to contribute to the common defence, if the circum- stances of the colony would permit; and although the proprietary himself particularly urged a compli- ance in his speech to the next following assembly ; yet the nature of this requisition to such a young colony, considering the principles upon which it was primarily planted and founded, seems to indicate, that it was not without enemies at court. The pa- cific principles and motives of Penn, and of the first and early adventurers in settling this wilder- ness, could not possibly be less known at this time, to the administration at home, than they were be- fore, to the persons in power, when the charter was granted by Charles II.; which expressly mentions, as motives, " A commendable desire of William Penn to enlarge our English empire, and promote such useful commodities as may be of benefit to us, and our dominions, and also to reduce the savage natives, by gentle and just manners, to the love of civil society, and Christian religion ;" and there- fore it was judged extremely hard that they should be called on for a. contribution which was contrary to their well-known and long avowed principles. In the April of 1701, Connoodaghtoh, king of the Susquehanna, Minquays or Conestogo Indians ; Wopaththa (alias Opessah), king of the Shawanese, Weewhinjough, chief of the Ganawese, inhabiting near the head of the Potomack ; also Ahookassongh, brother to the emperor (or great king of the Onon- dagoes), of the five nations, having arrived at Phi- ladelphia, with other Indians of note, &c., in num- ber about 40, after a treaty, and several speeches between them and Penn in council, the following deed was solemnly ratified : " Articles of agreement, intended, made, con- cluded and agreed upon at Philadelphia, the 23d day of the second month, called April, 1701, between William Penn, proprietary and governor of the province of Pennsilvania, and territories thereunto belonging, on the one part, and Connoodaghtoh, king of the Indians, inhabiting upon, and about the river Susquehanna, in the said province, and Wi- daagh (alias Orettyagh ;) Koqueash and Andaggy, Junekquagh, chiefs of the said nations of Indians ; and Wopaththa, king, and Lemoytungh and Pe- moyajoaagh, chiefs of the nations of the Shawanna Indians; and Ahookassongh, brother to the em- peror, for, and in behalf of the emperor ; and Wee- whinjough, Chequittayh, Takyewsan and Woapras- koa, chiefs of the nations of the Indians, inhabiting in and about the northern part of the river Poto- mack, in the said province, for, and in behalf of themselves and successors, and their several nations and people, on the other part, as followeth : " That, as hitherto there hath always been a good understanding and neighbourhood between the said William Penn, and his lieutenants, since hii first arrival in the said province, and the severa nations of Indians, inhabiting in and about the same so there shall be, for ever hereafter, a firm and last ing peace continued between William Penn, his heirs and successors, and all the English, and other Chris- tian inhabitants of the said province and the saic kings and chiefs, and their successors, and all the several people of the nations of Indians aforesaid ; and that they shall, for ever hereafter, be as one lead, and one heart, and live in true friendship and amity, as one people. ' Item, That the said kings and chiefs (each for limself, and his people engaging) shall, at no time, mrt, injure, or defraud, or suffer to be hurt, in- ured, or defrauded, by any of their Indians, any nhabitant, or inhabitants of the said province 1 , either heir persons or estates ; and that the said William Penn, his heirs and successors, shall not suffer to done, or committed, by any of the subjects of En- gland, within the said province, any act of hostility, >r violence, wrong or injury to, or against any of he said Indians ; but shall, on both sides, at all times, readily do justice, and perform all acts and offices of friendship and good-will, to oblige each ther to a lasting peac<% as aforesaid. " Item, That all and every of the said kings and chiefs, and all and every particular of the nations mder them, shall, at all time?, behave themselves regularly and soberly, according to the la\vs of this government, while they live near, or among the hristian inhabitants thereof, and that the said [ndians shall have the full and free privileges and mmunities of all the said laws, as any other inha- bitant; they duly owning anrt acknowledging the authority of the crown of England, and government of this province. ' Item, That none of the said Indians shall, at any time, be aiding, assisting, or abetting any other nation, whether Indians, or others, that shall not, at such time, be in amity with the crown of England, and with this government. " Item, That, if, at any time, any of the said Indians, by means of evil-minded persons, and sowers of sedition, should hear any unkind or dis- advantageous reports of the English, as if they had evil designs against any of the said Indians, in such case, such Indians shall send notice thereof to the said William Penn, his heirs, or successors, or their lieutenants, and shall not give credence to the said reports, till by that means they shall be fully satis- fied concerning the truth thereof ; and that the said William Penn, his heirs and successors, or their lieutenants, shall at all times, in such case, do the like by them. " Item, That the said kings and chiefs, and their successors, shall not suffer any strange nations of Indians to settle, or plant, on the further side of Susquehanna, or about Potomack river, but such as are there already seated, nor bring any other In- dians into any part of this province, without the special approbation and permission of the said Wil- liam Penn, his heirs and successors. " Item, That, for the prevention of abuses, that are too frequently put upon the said Indians, in trade, the said William Penn, his heirs and succes- sors, shall not su|Fer, or permit, any person to trade, or converse with any of the said Indians, but such as shall be first allowed and approved, by an instru- ment under the hand and seal of him, the said William Penn, or his heirs, or successors, or their lieutenants ; and that the said Indians shall suffer no person whatsoever to buy or sell, or have com- merce with any of them, the said Indians, but such as shall first be approved, as aforesaid. " Item, That the said Indians shall not sell, or dispose of any of their skins, peltry or furs, or any other effects of their hunting, to any person or per- sons whatsoever, out of the said province, nor to any UNITED STATES. %39 other person, but such as shall be authorised to trade with them, as aforesaid : and, that for their encou- ragement, the said William Penn, his heir's and suc- cessors, shall take care to have them, the said In- dians, duly furnished with all sorts of necessary goods, for their use at reasonable rates. " Item, That the Potornack Indians, aforesaid, with their colony, shall have free leave of the said William Pcnn, to settle upon any part of Potomack river, within the bounds of this province: they stiictly observing and practising all, and singular the articles aforesaid, to them relating. " Item, The Indians of Couestogo, upon, and about, the river Su?quehanna, and more especi- ally, the said Connoodaghtoh their king, doth fully agree to, and. by these presents, absolutely ratify the bargain and sale of lands, lying near and about the said river, formerly made to the said William Penn, his heirs and successors ; and since, by Orettyagh and Andaggy, Junckquagh, parties to these presents, confirmed to the said William Penn, his heirs and successors, by a deed, bearing date, the 13th day of September last, under their hands and seals, duly executed. And the said Connoo- daghtoh doth, for himself and his nation, covenant and agree, that he will at all times be ready further to confirm, and make good the said sale, according to the tenor of the same ; and that the said Indians of Susquehanna shall answer the said William Penn, his heirs and successors, for the good beha- viour and conduct of the said Potoraack Indians ; and for their performing the several articles herein expressed. " Item, The said William Penn doth hereby pro- mise, for himself, his heirs and successors, that he and they will, at all times, shew themselves true friends and brothers to all, and every of the said Indians, by assisting them with the best of their advices, directions and counsels, and will, in all things, just and reasonable, befriend them; they behaving themselves as aforesaid, and submitting to the laws of this province, in all things, as the En- glish and other Christians therein do ; to which they, the said Indians, hereby agree and oblige themselves, and their posterity for ever. " In witness whereof, the said parties have, as a confirmation, made mutual presents to each other; the Indians, in five parcels of skins, and the said William Penn, in several English goods and mer- chandizes, as a binding pledge of the premises, never to be broken or violated; and, as a further testimony thereof, have also to these presents set their hands and seals, the day and year above written." The proprietary having subsequently represented to the council the great abuses committed in the Indian trade, with the dangers and disadvantages which might arise from thence to the province ; and having proposed, that proper measures should be concerted for its regulation, it was resolved, " that some effectual method should be agreed on and used for carrying on the trade by a certain number, or company of persons, with a joint stock, under cer- tain regulations and restrictions, more particularly in regard to spirituous liquors sold them; which company should use all reasonable means and en- deavours to induce the Indians to a true sense of a proper value and esteem of the Christian religion, by setting before them good examples of probity and candour, both in commerce and behaviour ; and that care should be taken to have them duly in- structed in the fundamentals of Christianity." Perm's motives fr>r returning to England His speech to the assembly, with their answer He takes leave oj the Indians Disagreement between ilia province and territories revived The proprietary endeavours to reconcile them His letter to the assembly, urging their agreement The last charter of Pennsylvania The proprietary also grants a charter to the city of Philadelphia Andrew Hamilton of New Jersey being constituted deputy-governor, and James Lo- gan secretary of the province, Penn sails for En- gland. It was thought, from some circumstances, that the proprietary's real intention at this time, was to spend the remainder of his life in his province ; but during his absence from England, it appears that measures were in agitation there for reducing both his, and the other proprietary governments in America, into regal ones, under pretence of advancing the prero- gative of the crown, and the national advantage ; and a bill for that purpose was actually brought into the House of Lords. Upon this;, such of the owners of land in Pennsylvania, as were then in England, immediately represented the hardship of their case to the parliament, soliciting time for Perm's return, to answer for himself; and dis- patched to him an account of the affair, and pressed his return as soon as possible ; with which he found it indispensably necessary to comply. This first occasioned his summoning the assembly, which agreed to the charter of privileges before mentioned ; to whom, on the 16th of September, 1701, he made the following speech : " Friends, " You cannot be more concerned than I am, at the frequency of your service in assembly, since I am very sensible of the trouble and charge it con- tracts upon the country : but the motives being con- sidered, and that you must have met of course in the next month, I hope you will not think it an hardship now. " The reason that hastens your sessions, is the necessity I am under, through the endeavours of the enemies of the prosperity of this country, to go for England, where, taking advantage of my absence, some have attempted by false, or unrea- sonable charges, to undermine our government, and thereby the true value of our labours and prosperity. Government having been our first encouragement, I confess, I cannot think of such a voyage without great reluctancy of mind, having promised myself the quietness of a wilderness, and that I might stay so long, at least with you, as to render every body entirely easy and safe. For my heart is among you, as well as my body, whatever some people may please to think : and no unkindness, or disappoint- ment shall (with submission to God's providence) ever be able to alter my love to the country, and resolution to return, and settle my family and posterity in it: but having reason to believe, I can at this time, best serve you and myself on that side of the water, neither the rudeness of the season, nor tender circumstances of my family, can over-rule my inclinations to undertake it. " Think, therefore, (since all men are mortal) of some suitable expedient and provision, for your safety, as well in your privileges, as property, and you will find me ready to comply with whatsoever may render us happy, by a nearer union of our interests. " Review again your laws ; propose new ones, that may better your circumstances ; and what you 40 THE HISTORY OF AMERICA. do, do it quickly, remembering that the parliament its the end of next month ; and that the sooner I am there, the safer, I hope, we shall be here. " I must recommend to your serious thoughts and care the king's letter to me, for the assistance of New York, with 350/. sterling, as a frontier go- vernment; and therefore exposed to a much greater expense, in proportion to other colonies; which I called the last assembly to take into their consi- deration, and they were pleased, for the reasons then given, to refer to this. " I am also to tell you the good news of the gover- nor of New York's happy issue of his conferences with the five nations of Indians ; that he hath not only made peace with them, for the king's subjects of that colony; but (as I had by some letters before desired him) for those of all other governments un- der the crown of England, on the continent of America, as also the nations of Indians within these respective colonies; which certainly merits our ac- knowledgments. " I have done, when I have told you, that unani- mity and dispatch are the life of business, and that I desire and expect from you, for your own sakes ; since it may so much contribute to the disappoint- ment of those that too long have sought the ruin of our young country." To this speech the assembly replied in the follow- ing address : " May it please the Proprietary and Governor, " We have, this day, in our assembly, read thy speech, delivered yesterday in council ; and, having duly considered the same, cannot 1m t be under a deep sense of sorrow, for thy purpose of so speedily leaving us, and at the same time taking notice of thy paternal regard to us, and our posterity, the freeholders of this province and territories annexed, in thy loving and kind expressions of being ready to comply with whatsoever expedient and provisions shall offer, for our safety, as well in privileges as property, and what else may render us happy, in a nearer union of interests ; not doubting the per- formance of what thou hast been so lovingly pleased to promise, we do, in much humility, and, as a token of our gratitude, return unto thee, the unfeigned thanks of this house. Subscribed by order of the house, JOSEPH GROWDON, Speaker." After this the assembly presented to him another address, consisting of 21 articles. It respected his successor in the government, and the confirmation of certain privileges, therein specified. To every one of which he made a special answer. The first of these articles, so far as regarded a proper person to succeed him as deputy, being particularly insisted on, he condescended so much as to make them an offer, to nominate a substitute themselves. From which, acknowledging the favour offered them, they excused themselves; declaring they did not thiirk themselves qualified for the choice, and desired to leave it to his pleasure. The remainder of the pe- tition of this address, so far as the proprietary thought proper to comply with it, was either after- wards granted, in the two charters of the province and city, then in agitation or otherwise mutually agreed." The sachems of the Susquehanna and Shawanna, and other Indians, having come to Philadelphia to take leave of the proprietary, on the 7th of October, he spoke to them in council, and told them, " That the assembly was then enacting a law, according to their desire," to prevent their being abused by sell- ing of rum among them; that h requested them to unite all their endeavours, and their utmost extr. tion, in conjunction with those of the government, to put the said law in execution." At the same time he likewise informed them, " That now this was like to be his last interview with them, at least before his return ; that he had always loved and been kind to them; and ever should continue so to be, not through any politic design, or, on account of self-interest, but from a most real affection :" " And he desired them, in his absence, to cultivate friendship with those whom he should leave behind in authority ; as they would always, in some degree, continue to be so to them, as himself had ever been; lastly, that be had charged the members of council, and then also re- newed the same charge, that they should, in all re- spects, be kind to them, and entertain them with all courtesy and demonstrations of good-will, as himself had ever done: which the said member* promised faithfully to observe; then, after making them some presents, they withdrew." But during these transactions, and while th charter of privileges was under consideration and preparing, the disagreement, which had before ap- peared between the members of assembly for the province, and those for the territories, began again to exhibit itself, and tend to an open rupture. The territory men were said to have been for obtaining some exclusive powers, particular to themselves, which, being thought unreasonable, could not, there- fore, be granted ; and not being able to carry their point, on the 10th instant, the members for the territories abruptly left the house; declaring their intention of returning to their respective homes. But, on the 14th, most of them appeared before th proprietary in council, remonstrating against some proceedings of the assembly, on the 10th instant, which they declared were in their consequence* highly injurious and destructive to the privileges of the " lower counties," and which, consistent with their duty to their constituents, they apprehended they could not sit to see carried into effect; and there- fore they informed the governor they thought it best for them to depart to their respective habitations. The proprietary inquired into the affair, and heard and answered all their reasons and objections; and then told them, " ThaJ he took this their con* duct very unkind, even to himself in particular.'* At another meeting of the proprietary and mem- bers of council, on the same day, the assembly being sent for, both those for the province, and the secluding members appeared ; and the proprietary told them, " That his time being short, he must come briefly to the point; that it was no small wound to him, to think, that at the earnest desire of the lower counties, as well as the good-will of the upper, he had engaged in an undertaking, which cost him, ^at least, two or three thousand pounds to unite them, and yet, that they should now endanger that union, and divide, after they had been recognised as one, not only by the king's com- mission to Governor Fletcher, but also by his let- ters patent, far his own restoration, and the king's several letters: he therefore would not have any thing resolved on, but what, was considerate and weighty, lest it should look as unkind, and now, at his departure, carry a very ill report of them to England." The territory members objected, that they werw great sufferers by that act of union, however it wa at first intended ; and could not support th burden of the charge. UNITED STATES. 841 The proprietary replied, " They were free to jreak off, and might act distinctly by themselves ;" at which they seemed pleased, and expressed their satisfaction; " but then," continued the proprietary, " it must be upon amicable terms, and a good un- derstanding; that they must first resolve to settle the laws; and that, as the interest of the province and that of those lower counties would be insepara- bly the same, they should both use a conduct con sistent with that relation," &c. They appear to have remained obstinate, by the following letter of the proprietary ; which was sent the next day, to the speaker, to be communicated to the whole house. " Friends, " Your union is what I desire ; but your peace, and accommodating one another, is what I must expect from you : the reputation of it is something ; the reality much more. And I desire you to re- member and observe what I say : yield in circum- stantials, to preserve essentials ; and, being safe in one another, you will always be so in esteem with me. Make me not sad, now I am going to leave you ; since it is for you, as well as for, " Your friend and proprietary and governor, " WILLIAM PENN." " October 15th, 1701." The proprietary's influence and authority appear to have prevailed on them, to a present accommo- dation, with the provision, in the following charter, for a conditional separation, if they chose it, within the space of three years. In May 1700, the former charter had been sur- rendered into the hands of the proprietary and go- vernor, by six parts in seven of the assembly ; and on the 28th day of October 1701, just before his departure, the council, the assembly of the province, and several of the principal inhabitants of Philadel- phia attending, he presented them with their last charter of privileges, which is as follows : " The Charter of Privileges, " Granted by William Penn, Esq., to the inhabi- tants of Pennsylvania and territories. " William Penn, proprietary and governor of the province of Pennsylvania, and territories thereunto belonging to all, to whom these presents shall come, sendeth greeting : " Whereas, King Charles II., by his letters pa- tent, under the great seal of England, bearing date the fourth day of March, in the year 1680, was graciously pleased to give and grant unto me, and my heirs and assigns for ever, this province of Pennsylvania, with divers great powers and juris- dictions, for the well government thereof. " And whereas, the king's dearest brother, James, duke of York and Albany, &c. by his deeds of feoff- ment, under his hand and seal, duly perfected, bearing date the 24th day of August, 1682, did grant unto me, my heirs and assigns, all that tract of land, now called the territories of Pennsylvania, together with powers and jurisdictions for the good government thereof. " And whereas, for the encouragement of all the freemen and planters that might be concerned in the said province and territories, and for the good government thereof, I, the said William Penn, in the year 1683, for me, my years and assigns, did grant and confirm unto all the freemen, planters and adventurers then-in, divers liberties, franchises and properties, as, by the said grant, entitled, " The frame of the government of the province of Penn- sylvania and territories thereunto btlonging, in America," may appear; which charter, or frame, being found, in some parts of it, not so suitable to the present circumstances of the inhabitants, was, m the third month, in the year 1700, delivered up to me, by six parts of seven of the freemen of this province and territories, in general assembly met, provision being made in the said charter for that end and purpose. " And whereas, I was then pleased to promise that I would restore the said charter to them again, with necessary alterations, or, in lieu thereof, give them another, better adapted to answer the present circumstances and conditions of the said inhabitants ; which they have now by the representatives, in ge- neral assembly met, at Philadelphia, requested me to grant. " Know ye therefore, That, for the further well- being, and good government of the said province and territories ; and in pursuance of the rights and powers before mentioned, I, the said William Penn, do declare, grant and confirm unto all the freemen, planters and adventurers, and other inhabitants of, and in, the said province and territories there- unto annexed, for ever. " I. Because no people can be truly happy, though under the greatest enjoyment of civil liber- ties, if abridged of the freedom of their consciences, as to religious profession and worship; and Almighty God being the only Lord of conscience, Father of lights and spirits ; and the author, as well as object of all divine knowledge, faith and worship, who only doth enlighten the mind, and persuade and convince the understandings of people, I do hereby grant and declare that no person or persons, in- habiting this province or territories, who shall con- fess and acknowledge one Almighty God, the Crea- tor, upholder, and ruler of the world ; and profess him, or themselves obliged to live quietly under the civil government, shall be in any case molested, or prejudiced in his or their person, or estate, because of his or their conscientious persuasion, or practice, nor be compelled to frequent, or maintain, any re- ligious worship, place or ministry, contrary to his, or their mind, or to do or suffer any other act, or thing contrary to their religious persuasion. " And that all persons, who also profess to be- lieve in Jesus Christ, the Saviour of the world, shall be capable (notwithstanding their other persua- sions, or practices in point of conscience and re- ligion) to serve this government in any capacity, both legislatively and executively, he, or they so- lemnly promising, when lawfully required, allegi- ance to the king, as sovereign, and fidelity to the proprietary and governor, and taking the attests, as now established by law, made at Newcastle, in the year 1700, entitled, ' An act directing the at- tests of several officers and ministers,' as now amended and confirmed this present assembly. ' II. For the well-governing of this province and territories, there shall be an assembly, yearly chosen by the freemen thereof, to consist of four persons out of each county, of most note for virtue, wisdom and ability (or of a greater number at any time, as the governor and assembly shall agree), upon the first day of October, for ever ; and shall sit on the fourteenth of the same month at Phila- delphia, unless the governor and council, for the time being, shall see cause to appoint another place, within the said province or territories : which as- sembly shall have power to choose a speaker, and other their officers ; and shall be judges of the qua- lifications and elections of their own members , sit 842 THE HISTORY OF AMERICA. upon their own adjournments, appoint committees ; j tavern, or house of public entertainment, but such propose bills, in order to pass into laws ; impeach who are first recommended to him, under the hands criminals and redress grievances ; aud shall have all other powers and privileges of an assembly, ac- cording to the rights of the freeborn subjects of En- gland, and as is usual in any of the king's planta- tions in America. " And if any county, or counties shall refuse, or neglect to choose their respective representatives, as aforesaid, or if chosen, do not meet to serve in assembly, those, who are so chosen and met, shall have the full power of an assembly, in as ample a manner as if all the representatives had been chosen and met, provided they are not less than two-thirds of the whole number, that ought to meet " And, that the qualifications of electors and elected, and all other matters and things relating to elections of representatives to serve in assemblies, though not herein particularly expressed, shall be and remain, as by a law of this government, made at Newcastle, in the year 1700, entitled, ' An act to ascertain the number of members of assembly, and to regulate the elections.' " III. That the freemen in each respective county, at the time and place of meeting, for electing their representatives, to serve in assembly, may, so often as there shall be occasion, choose a double number of persons, to present to the governor, for sheriffs and coroners, to serve for three years if they so long behave themselves well, out of which elections and presentments the governor shall nominate and com- missionate one for each of the said offices, the third after such presentment, or else the first named such presentment, for each office as aforesaid, shall stand and serve in that office for the time before respectively limited : in case of death and default such vacancies shall be supplied by the governor, to serve to the end of the said term. " Provided always, ' That, if the said freemen shall at any time neglect, or decline to choose a person, or persons, for either, or both the aforesaid offices, then, and in such case, the persons that are, or shall be, in the respective offices of sheriffs or coroners, at the time of election, shall remain there- in, until they shall be removed by another election as aforesaid. " And, that the justices of the respective coun- ties shall, or may nominate, or present to the go- vernor, three persons, to serve for clerk of the peace for the s-aid county, when there is a vacancy ; one of wriich the governor shall commissionate within ten days after such presentment, or else the firs nominated, shall serve in the said office, during good behaviour. " IV. That the laws of this government t-hall be in this style, viz. ' By the governor, with the conseni and approbation of the freemen in general assem bly met,' and shall be, after confirmation by th( governor, forthwith recorded in the rolls-office, anc kept at Philadelphia; unless the governor and as sembly shall agree to appoint another place. " V. That all criminals shall have the same pri vileges of witnesses and council as their prosecutors " VI. That no person or persons shall, or may at any time hereafter, be obliged to answer an) complaint, matter, or thing whatsoever relating t property, before the governor and council, or in any other place, but in the ordinary courts of jus tice, unless appeals thereunto shall be hereafter b law appointed. " VII. That no person within this governmen shall be licensed by the governor to keep ordinary fthe justices of the respective counties, signed in pen court; which justices are, and shall be, hereby mpowered to suppress and forbid any person keep- ng such public house, as aforesaid, upon their misbe- aviour, on such penalties, as the law doth, or shall irect; and to recommend others, from time to ime, as they shall see occasion. " VIII. If any person, through temptation, or melancholy, shall destroy himself, his estate, real nd personal, shall, notwithstanding, descend to is wife and children, or relations, us i; he had died d natural death ; aud if any person shall be de- troyed or killed by casualty, or accident, there shall >e no forfeiture to the governor by reason thereof. "' And no act, law, or ordinance whatsoever shall, at any time, hereafter be made or done, to alter, :hange, or diminish the form, or effect of this :harter, or of any part, or clause, therein, contraiy ,o the true intent, and meaning thereof, without tho consent of the governor, for the time being, and six >arts of seven of the assembly met. ' And, because the happiness of mankind de- pends so much upon the enjoying o* liberty of their consciences, as aforesaid, I do hereby solemnly de- clare, promise and grant, for me, my heirs and as- signs, that the first article of this charter, relating ;o liberty of conscience, and every part and clause therein, according to the true intent and meaning thereof, shall be kept, and remain, without any al- ;eration, inviolably for ever. " And lastly, I, the said William Penn, proprie- :ary and governor of the province of Pennsylvania, and territories thereunto belonging, for myself my icirs and assigns, have solemnly declared, granted, and confirmed, aud do hereby solemnly declare, *rant, and confirm, that neither I, my heirs or assigns, shall procure or do any thing, or things, whereby the liberties in this charter contained and expressed, nor any part thereof, shall be infringed or broken : and if any thing shall be procured or done, by any person or persons, contrary to these presents, it shall be held of no force or effect. ' In witness whereof, I, the said William Peun, of Philadelphia in Pennsylvania, have uuto this charter of liberties set my hand and broad seal, this 28th day of October, in the year of our Lord, 1701, being the thirteenth year of the reign of King William III., over England, Scotland, France, and Ireland, &c., and the 21st year of my government." " And, notwithstanding the closure and test of this present charter, as aforesaid, I think fit to add this following proviso thereunto, as part of the same, that is to say, That, notwithstanding any clause or clauses in the above-mentioned charter, obliging the province and territories to join together in legislation, I am content, and do hereby declare, that if the representatives of the province and terri- tories shall not hereafter agree to join together in legislation, and that the same shall be signified to me, or my deputy, in open assembly, or otherwise from under the hands and seals of the representa- tives, for the time being, of the province and terri- tories, or the major part of either of them, at any time within three years from the date hereof, that, in such case, the inhabitants of each of the three counties of this province shall not have less than eight persons to represent them in assembly, for the province; and the inhabitants of the town of Philadelphia (when the said town is incorporated) two persons, to represent them in assembly; and UNITED STATES. 84* the inhabitants of each county in the territories shall have as many persons to represent them in a dis- tinct assembly for the territories as shall be by them requested as aforesaid. " Notwithstanding which separation of the pro- vince and territories, in respect of legislation, I do hereby promise, grant and declare, that the inhabit- ants of both province and territories shall separately enjoy all other liberties, privileges and benefits granted jointly to them in this charter, any law, usage, or custom of this government heretofore made and practised, or any law made and passed by the general assembly to the contrary hereof not- withstanding. "WILLIAM PENN." " This charter of privileges being distinctly read in assembly, and the whole, and every part thereof, being approved of, and agreed to by us, we do thank- fully receive the same from our proprietary and go- vernor of Philadelphia, this 28lh day of October, 1701. " Signed on behalf, and by order of the assembly, per JOSEPH'GROWDON, Speaker. " Edward Shippen, Phineas Pemberton, Samuel Carpenter, Griffith Owen, Caleb Pusey, Thomas Story, proprietary and governor's council." The proprietary likewise by letters patent, under the gieat seal, bearing even date with this charter, established a council of state for the province and territories, " To' consult and assist the proprietary himself, or his lieutenants, or deputies, with the best of their advice and counsel, in public affairs ami matters relating to the government, and to the peace, well-being and safety of the people thereof; and, in the absence of the proprietary, or upon the lieutenant's death, or incapacity, to exercise all, and singular, the powers of government," &c. Moreover before the proprietary left the country, he favoured the town of Philadelphia, then become very considerable, and in a flourishing condition, with a particular memorial of his benevolence, by granting the inhabitants likewise a charter of privi- leges, for its particular regulation. By this deed, Philadelphia is constituted a city, bounded, incorporated and endowed with certain privileges and immunities. Edward Shippen was appointed the first mayor; Thomas Story, the re- corder, and Thomas Farmer, sheriff; and the first town-clerk, and clerk of the peace, court and couits, as appointed in this charter, was Robert Ashton. The first aldermen thereby appointed, were Joshua Carpenter, Griffith Jones, Anthony Morris, Joseph Wilcox, Nathan Stanbury, Charles Read, Thomas Masters, and William Carter. The first common-council-men were, John Parsons, William Hudson, William Lee, Nehemiah Allen, Thomas Paschall, John Budd, junior, Edward Smont, Samuel Buckley, James Atkinson, Penti- cost Teague, Francis Cook, and Henry Badcock. The Mayor to be chosen annually, by at least five of the aldermen, and nine of the common-council ; whose number was to be unlimited ; and they w r ere afterwards to be chosen, in the same manner, by themselves, or by the corporation ; consisting of the mayor, recorder, aldermen, and common-council- men, by The name of, " The mayor and common- alty of Philadelphia, &c." Having constituted Andrew Hamilton, Esq. one of the proprietors of East New Jersey, and some time governor of both East and West New Jersey, his deputy-governor, Penn sailed for England ; James Logan being, by commission, appointed secretary of the province, and clerk of the council King William dies, and is succeeded by Queen Anne Penn in favour at court Governor Hamilton's ad- ministration and death Province and territories irreconcilable They agree to a separation in legis- lation Edward Shippen, president of the council Resolve of the provincial assembly after separation- John Evans arrives as deputy- governor, and endea- vours to reunite the province and territories in legis- lation, but in vain The governor displeased with the assembly of the pronince David Lloyd Gover- nor's proclamation for raising a militia He meets the assembly of the territories at Newcastle The provincial assembly remonstrate to the proprietary- The governor's speech in 1705 A very different assembly elected, and more harmony succeeds Thomas Chalkley's visit to the Indians at Connes- togo, with a memorial of him Pennsylvania af- fected in times of war, on account of the Quakert' principles, Penn arrived at Portsmouth, about the middle of December. But after his return to England, the bill before mentioned, for reducing the proprietary governments into regal ones, which, through the solicitations of his friends, had been postponed, was entirely dropt. Soon after this, or, on the 18th of March 1702, King William died ; and the Princess Anne, succeeding to the throne, commenced her reign ; and Penn being in her favour, was often at court; and on that account, he took lodgings at Kensington. Governor Hamilton's administration in Pennsyl- vania, after the proprietary's departure, continued only till the February in the next following year, when he died. The principal part of his time was taken up in endeavouring a union between the province and territories. For this purpose Ha- milton laboured much with them, and used many arguments to induce them to unite, but without suc- cess. Upon his death the government devolved on the council, Edward Shippen being president. During the period of this dispute for a union be- tween the representatives of the province and terri- tories, not much other public business of importance appears to have been transacted. The latter per- sisted in an absolute refusal to join with the former, in legislation, till it was finally, in the year 1703, agreed and settled between them, that they should compose different and distinct assemblies, entirely independent of each other ; pursuant to the liberty allowed by a clause in the charter for that purpose. The province now, by charter, also claimed a sepa- rate representative of its own, consisting of eight members for each of the three counties, and two for the city of Philadelphia; which members, being in Oct. 1703, convened and duly qualified according to law, their first resolution was in the following words : " Resolved, That the representatives, or dele- gates, of the freeholders of this province, according to the powers granted by the proprietary and gover- nor, by his charter, dated the 28th day of October, anno Domini 1701, may meet in assembly, on the 14th day of October yearly, at Philadelphia, or else- where, as shall be appointed by the governor and council, for the time being ; and so continue on their own adjournments, from time to time, during the year of their service, as they shall find occasion, or think fit, for preparing bills, debating thereon, and voting in order to their being passed into laws ; appointing committees, redressing of grievances, and impeaching of criminals, as they shall sec meet, in as ample a manner as any of the assem- 844. THE HISTORY OF AMERICA. blies of this province and territories have hitherto at any time done, or might legally do, as effectually, to all intents and purposes, as any of the-neighbour- ing governments, under the crown of England, have power to do, according to the rights and privileges of the freeborn subjects of England, as near as may be, respecting the infancy of the government, and the capacities of the people : and that the said as- sembly, as often as the governor for the time being shall require, attend on him, in order to legislation ; and to answer all other just ends of assemblies, in any emergencies, or reasons of state ; but shall not be subject at any time to be by him adjourned, pro- rogued, or dissolved." After this, when the president and council pro- posed to confer with the assembly about a proper time to meet again, the latter assumed the power of adjourning wholly to themselves ; and upon the president and council's objecting against this ex- tent of the assembly's claim of sitting wholly upon their own adjournments, &c., they immediately ad- journed themselves to the 1st day of the ensuing May, without giving the council any further time to confer with them about it. Such was the state of affairs, when John Evans, who was appointed deputy-governor by the proprie- tor, with the queen's royal approbation, on the death of Andrew Hamilton, arrived in the province, in February, 1704; and having first augmented the number of the members of council, in April con- vened the representatives both of the piovince and territories, at the same time and place, in the coun- cil-chamber in Philadelphia. Governor Evans, notwithstanding the agreement made between the province and territories, before his arrival, respecting their future separation, in le- gislation, renewed the attempt for uniting them. On this the members of the territories, who before appeared to have principally occasioned the division, now seemed inclined to accept the charter on cer- tain conditions, and to unite with the members of the province ; but the latter, who had so long been hampered with the refractory behaviour of the former, now, in their turn, absolutely refused to be connected with them; and adhered to their prior agreement for a separation. Thus all negotiation on this head came to an end; and the assembly of the province incurred the governor's displeasure, by refusing to comply with his recommendation ; which, with the disputes that afterwards arose between them, on three bills proposed by the assembly, one to confirm the great charter of privileges of the province, another to confirm that of the city of Philadelphia, and a bill of property, which the governor refused to pass, without such amendments as the assembly would not agree to, occasioned such a misunderstanding between the governor and the house, that but little of moment appears to have been transacted during the sittings of this, and the next succeeding assem- bly ; at the head of both which appeared David Lloyd, as speaker. In the latter part of the year 1704, Governor Evans met the assembly of the lower counties at Newcastle; which was the first assembly that had acted there in legislation, independent of the pro- vince. Prior to the proprietary's departure, he had published a proclamation, to raise a militia, among those whose religious persuasion did not prevent their bearing of arms ; it being in the time of the war between England, France, and Spain. But, from what had already passed between the governor, and the assembly of the province, the latter fell into such an ill humour, that in August, 1704, they privately drew up a remonstrance, in a letter to the proprietary ; which was said to be filled with complaints, highly reflecting, even on the proprie- tary himself, as well as the deputy-governor, Evans, and the secretary, James Logan. And some time after, when the governor heard of this, he, by a written message to the house, required a copy of it; which occasioned further misunderstandings. The effect which these proceedings had with the proprietary in England, may, in part, appear from the governor's speech to the assembly, in th early part of the year 1705, wherein he says; " The proprietary, gentlemen, is su tar from agreeing with your opinion in these matters, that he is gieatly surprised to see, instead of suitable supplies, for the maintenance of government, and defraying public charges, for the public safety, time only lost (while his constant expenses run on) in disputes upon heads, which he had as fully settled before his departure, as could on the best precau- tions, be thought convenient, or reasonable, even at a time when he was leaving you in doubt whether it would be possible to divert the bill, then moving in parliament, for annexing all these governments to the crown ; which being now diverted, and him- self secure in the possession of his right, so long as his circumstances shall render the administration of it practicable, he is the more astonished to find you, for whose sakes chiefly, and not his own, he has undergone the late fatigues, and expensive troubles, in maintaining it, express no greater sense of gratitude, than has hitherto appeared. " The proprietary also further assures us, that had those three bills (of which copies were sent home) been passed into acts here, they would cer- tainly have been vacated by her majesty, being looked on by men of skill, to whom they have been shewn, as very great absurdities; but, what I must not be silent in is, that he highly resents that hei- nous indignity, and most scandalous treatment he has met with, in a letter directed not only to him- self, but also to be shown to some other persons, disaffected to him, in the name of the assembly and people of this province, of which I have formerly demanded a copy, bui was then denied it, under pre- tence (when it was too late) that it should be re- called : if that letter was the act of the people truly represented, he thinks such proceedings are suffi- cient to cancel all obligations of care over them; but if done by particular persons only, and 'tis an im- posture in the name of the whole, he expects the country will purge themselves, and take care that due satisfaction be given him. " The proprietary (who, it is well known, has hitherto supported this government) upon such treatment as he has met with, is frequently solicited to resign and throw up all, without any further care ; but his tenderness to those in the place, whom he knows to be still true and honest, prevails with him to give the people yet an opportunity of shewing what they will do, before all be brought to a closing period. " Methods have been taken to provoke him to this, that there might be the greater shew of blame for it, when done, though it could not be avoided ; but assure yourselves, that he will be justified by all reasonable men, for withdrawing the exercise of his care over those, that being so often invited to it, take so little of themselves." The nature and consequence of these dispute! UNITED STATES. 845 appear to have caused a considerable change in th< choice of the membprs of the next elected assembly in October 1705; of which Joseph Growdon was speaker. This assembly acted so very different from the two last preceding, as to produce a much better un dcrstanding between them and the governor, in consequent e of which a great number of laws wer passed, and the public affairs of the government, for a time, bore a more favourable and promising aspect In this year, 1705, Thomas Chalkley, a preacher among the Quakers, paid a religious visit to the Indians, at Conestogo, near the river Susquehanna in Pennsylvania, in company with some of his friends, of the same religious society. The Indians, who consisted chiefly of Senecas and Shawanese, received them with great kindness : they were much affected by their visit, more especially a certain woman of eminence among them, who appeared to have authority, and spoke much in their councils; the reason for' which was, when the Indians were asked, one of them replied, " Because some women are wiser than some men, and that she was an em- press among them." She told Thomas Chalkley, and the other friends, that she looked upon the'ir coming to be more than natural; because they did not come to buy nor sell, nor yet gain, but in love and respect to them, and desired their welfare both here and hereafter. She related to them a dream which she had three days before ; which, being interpreted, was, " That she was in London, and that London was the finest place she ever saw, (it was like Philadelphia, but much larger,) and she went across six streets, and in the seventh she saw William Penn preaching to the people, which was a great multitude; and both she and William Penn rejoiced to see each other : after the meeting she went to him, and he told her, that in a little time he would come over and preach to them also; of which she was very glad : and now, she said, her dream was fulfilled ; for one of his friends was come to Breach to them." And she advised the Indians to hear and treat the frieuds kindly ; which they ac- cordingly did. This one instance, among many which might be given, is here mentioned, to show the love and re- gard these people had for the memory of William Penn; as the consequence of his just and kind treatment of them; and the sense which they had of his regard for their real good and true happiness. England was now at war with France and Spain; iu consequence of which no part of the British do- minions could be entirely exempt from danger. In all times of war Pennsylvania is said to have been exposed more or less to difficulties, on account of the Quakers, who were the most important and con- siderable part of the inhabitants, being principled against war of every kind : but then, in consequence of their pacific conduct, it was manifest, more happy effects were produced, in proportion as the arts of peace in a sober and industrious people are prefe- rable to those of war; though they were strenuously opposed, as well by the internal as by the external enemies of the constitution of the province ; and that both through ignorance and design. Governor Evans's disposition and conduct Hit treat- ment of the Quakers' principles on war False alarm at Philadelphia Fort and exactions at New~ castle Assembly's address to the governor Further proceeding and dispute between the governor and *u*mblyA*sembly ditpleased with the tecretcry, James Logan -The amembly impeach the secretary Headfofa remonstrance to the proprietor Diffi- culties of the proprietor about this time. (1705.) Governor Evans appears to have been an active young man, zealous to promote what he thought the service and interest of the proprietary required, but not sufficiently studying the genius and disposition of the people over whom he presided. His zeal to push his own views in somethings, con- trary to those of the assembly, tended to produce such extreme opposition and dislike between them, as might have had fatal effects; and his private life and conduct are represented to have been such as rendered him offensive to a sober and religious people. He was not said to want ingenuity nor abilities so much as a proper application of them. But his disappointment, on his first arrival, in not being able tu prevail on the assembly of the province to admit of a reunion with that of the territories, which he had so much set his mind upon, appear to have occasioned his imprudently joining with the assembly of the latter in some acts which seemed more calculated to inconvenience the province, than for any real utility to either. He had endeavoured to form a militia through the government, but, so far as appears, not with mu<5h success. He knew the Quakers' principles were against bearing arms and war, yet he appears to have regarded and treated the principles of the Quakers, in respect to self-defence, as a mere opinion which would never endure a serious trial; and by 'he following imprudent scheme and experiment, nstead of answering any useful intention to the public, he is said not only to have alienated the Quakers further from him, but also highly disgusted such of the people in general as were not concerned n the contrivance or execution of it. (1706.) The governor, in conjunction with Robert French, of Newcastle, Thomas Clark, an attorney, if Philadelphia, and some others- of his associates, t is said, for their diversion, and to try the disposi- .ion of the people, -but most probably that of the Quakers chiefly, concerted a scheme to raise and arry on a false alarm, in order most effectually to errify the inhabitants by a sudden surprise, and hereby oblige them to have recourse to arms for their defence. It was at the time of the fair in Philadelphia, on he 16th of May, 1706, that this plot was put in ex- cution. French acted at Newcastle, by sending up a messenger to the governor at Philadelphia, in he greatest haste and apparent consternation, to acquaint him that a number of vessels were then actually in the river, and as high up as a place which ic named. Upon this news, immediately the go- ernor acted his part; find, by his emissaries, made it irculate through the city ; while himself with a drawn sword in his hand, ou horseback, rode through he streets, in seeming great commotion, and com- nauded and entreated oeople of all ranks to assist n the emergency. The stratagem in part succeeded ; and the sud- lenness of the surprise threw many of the people nto very great fright and consternation, insomuch hat it is said some threw their plate and most valu- able effects down their wells, that others hid them- elvs in the best manner they could, while many etired further up the river, with what they could uost readily carr off ; so that some of the creekg eenned full of boats and small craft; those of a arger size running as far as Burlington, and some n'gher up the river. 846 THE HISTORY OF AMERICA. But the design, it is said, was suspected by the more considerate part of the people, even at the beginning ; and endeavours were used to prevent its taking effect ; but the conduct and artifice of the governor, with the help of his numerous assistants, and the easy credulity, common to the more incon- siderate part of the people, very much frustrated these endeavours. James Logan, the secretary, though he was one of the people called Quakers, was accused or sus- pected of being privy to the affair. He denied the charge ; but endeavoured to excuse the governor ; which rendered him the more suspected. The de- sign, though it had such a considerable effect, turned out entirely contrary to the expectation of the au- thors and promoters of it ; for the people were soon undeceived ; and when they saw how grossly they had been imposed upon, many of them so highly resented it, that the authors and promoters were now obliged to secure their own safety from the fury of an enraged populace. As to the Quakers, it is said the principal part of them were attending their religious meeting as usual on that day of the week, even in the midst of the confusion ; and, as if they were aware of the design, behaved themselves so far consistently, that only four persons, who had any pretence to be accounted of that society, appeared under arms, at the place of rendezvous appointed on the occa- sion. With this action, whereby the governor rendered himself odious to the generality of the inhabitants of Philadelphia, may be mentioned the following; by which he incurred, in a particular manner, the displeasure of the trading part of the province. Soon after the assembly of the territories had met, independently of the province, the governor pro- posed to them the building a fort at Newcastle; upon which a law was passed there, entitled, " An act for erecting and maintaining a fort for her majesty's service, at the town of Newcastle upon Delaware." This law imposed a duty of half-a-pound of gun- powder, for every ton, on all vessels, except ships of war; the major part was not owned by persons re- siding on -the river and bay of Delaware ; and by it all vessels, both inward and outward, were obliged to stop, drop anchor, and the commander to go on shore, make report, and have leave to pass, from the commanding officer of the said fort, under pe- nalty of paying five pounds ; besides twenty shil- lings for the first gun, thirty for the second, and forty for every gun afterwards, that should be fired on the occasion, in case of neglect, hesides the for- feiture of five pounds, for contempt. This law was considered as a manifest infraction of the privileges granted by the royal charter, and still more so, from the manner in which it was put in execution ; for they had legally an undoubted right to the free use of the river and bay; and the violent means which became necessary to enforce so unjust a law, soon became a great nuisance, and an intolerable grievance to the trading part of Penn- sylvania, and others concerned in its commerce. Besides, it was alleged, that the fort itself, as it was situated and circumstanced, had it been under better management, and more warrantable direction, could not possibly be much security to the river, nor pro- tection to the vessels that might happen to be chased or assaulted in it. The city of Philadelphia was much concerned at these proceedings, and the traders were highly in- censed at this invasion of their immunities ; aud accordingly endeavours were used to have the affair properly redressed, but without success. At length Richard Hill, one of the governor's council, a bold man, arid of considerable abilities and influence in the province, together with Isaac Norris and Samuel Preston, all Quakers, and men of the first rank and esteem, were determined to try to remove this nuisance, by a different method from any that had been yet attempted. Hill had a vessel, named the Philadelphia ; then loaded and just going out to sea ; but doubting of his captain's resolution to pass the fort, without submitting to the imposition, he, in company with the other two, went in the vessel down the river, and dropt anchor a little before they came to the fort ; Norris and Preston went on shore, to inform the officers, at the fort, that the vessel was regu- larly cleared ; and to use such persuasion, as they were capable of, that she might pass without inter- ruption, &c., but to no purpose. Hill, therefore, taking command of the sloop, stood to the helm, and passed the fort, without receiving any damage, though the firing was kept up till he was clear ; and the guns were pointed in such a direction, that a shot went through the mainsail. As soon as the sloop was got clear of the fort, John French, the commander of it, put off in a boat, manned and armed, in order to bring her to, in that manner; when he came along side, Hill or- dered a rope to be thrown him, upon which they fastened the boat, and French went on board ; the rope was then immediately cut, and the boat falling a stern, French was conducted a prisoner to the cabin ; who pleaded his indisposition of body: upon which Hill asked him, " If that really was the case, why did he come there ?" Lord Cornbury, governor of New Jersey, and as such claiming to be vice-ad- miral of the river Delaware, happened at that time to be at Salem, a little lower down, on the Jersey side of the river; and to him the prisoner was con- veyed, to give an account of his conduct. In this place, after French, in a coarse manner, had been, sufficiently reprimanded by Lord Cornbury, upon a suitable submission and promises made, he was at length dismissed, but not without marks of derision from some of the attendants. This put a finishing stroke to these proceedings at the fort of Newcastle ; and thus ended the enterprise. But Hill did not suffer the affair to rest here ; for, accompanied by a large number of the inhabitants of Philadelphia, he attended the general assembly ; and, by petition, laid the affair before them ; which produced an address to the governor, from the house, without so much as one dissenting vote, dated the 10th of May, 1707, highly resenting these proceedings. And it does not appear that they were afterwards continued. The act of assembly, for establishing courts of judicature in the province, in the year 1701, having been repealed I y the crown, the governor, in order to supply the intention of that act, for the regulation of courts, recommended to the consideration of the house, the draught of a bill, which be had prepared for that purpose. This the assembly not only re- jected, but drew up one themselves, instead of it, so widely different, that the governor and they were not able to agree to it. Some of the enactments being described by the governor, as tending- to " break in upon the proprietary's powers of govern- ment, or his just interest." After much dispute and altercation, and time spent to no purpose, the governor proceeded, by an ordinance, in such case UNITED STATES. 847 provided in the royal charter, to open the courts of justice, till better provision and regulation should be made by act of assembly. The house- being disappointed in not carrying their point, in the manner they desired, were very much chagrined. They were headed by David Lloyd, their speaker, as before mentioned, a person of great esteem, popularity, and good character. He had been brought up to the law ; but through most of his public conduct, appears to have distinguished him- self in nothing so much, as by his constant opposi- tion to the claims of the proprietary. Having failed in this contest with the governor, the assembly were determined, if possible, to take their revenge on the secretary, James Logan, who was also one of the council ; and they accordingly pointed the force of their resentment against him ; whom they re- garded in great measure, as the cause of their mis- carriage in the bill of courts, and of much of the misunderstanding between them and the governor. James Logan was a man of considerable abilities, and was perhaps exceeded by few, in the pro- vince, in that respect. He espoused and firmly sup- ported the proprietary's interest, and had great in- lluence in the council; but to persons of inferior abilities, he is represented by some to have con- ducted himself iu a manner which rendered him somewhat unpopular, and sometimes provoked his enemies to carry their animosity against him to un- warrantable extremes. The nature and length of this, and other disputes, with the odium, which some parts of the governor's private conduct are said to have created, very much lessened his authority, and raised the spirit of party to a higher degree than had been known before. The consequence of which was, proceed- ings more or less indefensible on both sides: a de- tail of which, as they are published in the journals, or votes of the house of assembly of those limes, would be too tedious here to be minutely stated. They produced a number of accusations against the secretary ; which the assembly styled " articles of impeachment." Upon these the assembly took mea- sures to impeach him in form, before the governor, as an evil counsellor, and guilty of high misde- meanors. But through the governor's management and protection, they were not able to effect any thing further against him ; and there is on record his petition to the governor and council, requesting that proper measures should be taken to clear his character from the false representations and gross abuses of the assembly, by a fair trial. The assembly being thus repulsed in respect to Logan, were still more exasperated ; and so much were they displeased with the governor's conduct, that they were determined to endeavour to have him removed. For this purpose, therefore, in the sum- mer of the year J707, the assembly drew up a re-- monstrance to the proprietary, containing the parti- culars of his alleged mal-administration, with a complaint against James Logan; the principal of which have already been mentioned. In this re- monstrance, after having reminded the proprietary of their former complaints, in the year 1704, they further represent : " The lieutenant-governor's abominable and un- warrantable conduct with the Indians, on a visit to them, at Conestogoe. '' His refusing to pass the bill of courts, without their agreeing to his amendments ; though they only left two of his objections unremoved ; and his set- ting up courts by his ordinance. " His refusal to try the secretary upon their im- peachment, by questioning his own authority to judge, and their's to impeach, in the method they proposed. " His imposition on the trade of the province, by means of the law passed at Newcastle; whereby he unjustly exacted large sums of the people ; with the abuses and consequences of the said law. " Certain unjustifiable and oppressive proceed- ings, respecting the militia, which he had formed, according to his proclamation before mentioned. " His refusing to pass a bill in the year 1704, to explain and confirm the charter of the city of Phila- delphia. The multiplying of taverns and ale-houses in the city, as nurseries of vice, by his means ; and his imposing licences on the keepers of those houses, without law, or precedent. " His refusing to pass a bill in 1704, for explain- ing and confirming the charter of privileges of the province ; his rejecting the people's choice of sheriff and coroner, for the city and county of Philadelphia, in said year, contrary to the said charter: his licencing several taverns and ale-houses in Phila- delphia, against, and without the recommendation of the city magistrates ; with his sending a message to dismiss the assembly, on their complaining of his conduct against the form and effect of said char- ter, and known usage, &c. " His appropriating certain monies to his own use which the assembly intended otherwise ; and his secreting the objections of the lords of trade to certain laws which had been repealed; whereby they fell again into the same error. " The project and consequences of the false alarm. " The abritrary exaction of twelve shillings from every master of a vessel outward hound, for a ' let- pass,' notwithstanding their being cleared, accord- ing to the acts of navigation. " His permitting French Papists to trade with, and reside among the Indians, and their wicked be- haviour among them. " His granting a commission for privateering, in 1706. " His beating and evilly treating Solomon Cres- son, the constable, for doing his duty at a tavern, in one of his midnight revels; though he knew not that the governor was there. " His excesses and debaucheries, to the great encouragement of wickedness, and weakening the hands of the magistrates, by his ill example, &c." And against the secretary, James Logan, it was alleged, " That he knew the above-mentioned alarm was false ; but, instead of using such means as were in his power to prevent it, he,- by his conduct, under pretence of coming at the truth of the affair, made it worse. " That, as commissioner of property, to manage the proprietary's land affairs, he had detained cer- tain deeds for "lands, from the owners unjustly ; and to some persons, denied patents for their lands, to which they were entitled. " That he had appointed wood-rangers at large, over the located lands of the inhabitants, in com- mon with those of the proprietary ; for which he had no right ; in which accordingly they took up strays, &c. in an indiscriminate manner; which ought to have been restricted solely to the proprie- tary's lands." The " remonstrance" whence these were extracted, was sent to their agents, George Whitehead, Wil- 848 THE HISTORY OP AMERICA. liam Mead, and Thomas Lover, in London ; with a very angry letter, to be communicated to the pro- prietary. The governor, having intelligence of what was going forward in the assembly, by a message to the house, required them to lay before him the address or representation, which he was informed they in- tended to send to England; and desired they would not presume to send any thing of that nature out of the government, till the same had been fully communicated to him, according to justice, and the practice of other governments. This had no effect with them; and the assembly adjourned to the 23d of September. On the first of October, at the anniversary election, the choice of representatives, in assembly, falling mostly on the same persons, as in the pre- ceding year, consequently but little of moment was done in the public affairs of the government, be- sides the continuation of the former disputes and altercations, respecting the bill of courts, and the other obnoxious parts of the governor's administra- tion; whence both sides became less disposed to unite in any salutary purpose, for the public good. But it is observed of these proceedings; that al- though the parties were very free with each other's conduct, yet they kept within the rules of decorum; and, in all their differences, both parties, in the strongest terms, professed their sincerest desires and intentions thereby, for the service of their country ; and that they had nothing so much in view, in these proceedings, as the real and best advantage of the community. In this state continued the affairs of the province till the beginning of the year 1709, when the as- sembly's complaints to the proprietary having proved effectual, Governor Evans was removed from the administration, and Charles Gookin succeeded him in the government. It appears not improbable, but that the proprie- tary for some time past must have been under no small uneasiness and difficulty respecting bis pro- vince. His great generosity and expense, in set- tling it, with his other acts of beneficence, and the attention due to such a series of conduct, had so far impaired his estate in Europe, and involved him in debt, that in the year 1708, in order to pay the same, he borrowed from certain of his friends a large sum of money ; for which he mortgaged the province. Besides, it cannot be supposed, but that the na- ture of the disputes between the assembly and his deputy-governor must have been very disagreeable to him ; for, notwithstanding what appears to have been defective in the conduct of the latter, it was then visible, and more so afterwards, in part of the transactions of some of these assembles, that a dis- contented and factious disposition was increasing in the province; endeavouring to render the go- vernment uneasy to him. It is certain that, had the proprietary made use of the means, then ab- solutely in his power, and which would have been to his immediate advantage, he might have disposed of the government to the crown ; to which his pri- vate circumstances, the solicitations of the ministry, and this conduct in the province, so much incited him. Governor Gookin arrives Assembly's address to the governor They continue their former animosity The governor'* answer; to which the assembly re- ply The council's address to the governor The owsinWy displeased with the council, and present a remonstrance of grievances to the governor Tht governor's speech to the assembly, containing a mili- tary requisition in 1709. Governor Gookin arrived at Philadelphia, in the first month, March, 1709. The proprietary, in a letter to his friends in the province, recommended him as a person of experience and moderation, as well as of good character and abilities; descended of a good family in Ireland ; and that, having taken leave of a military life, and his native country, he came with intention, if he found the place agreeable to his expectation, to settle, and spend the remain- der of his life and fortune in the province. The assembly was sitting at the time of his ar- rival, and immediately presented him with the fol- lowing congratulatory address. " The address of the representatives of the free- men of the province of Pennsylvania, in assembly met, the 9th day of the month called March, 1709, presented to Charles Gookin, Esq., by the queen's royal approbation, lieutenant-governor of the said province, &c. " May it please the Governor, " Having this opportunity, we can do no less than congratulate thy seasonable accession to this government, and render our most grateful acknow- ledgments to the queen, for her gracious acceptance of the proprietary's nomination of thee, to supply his absence, and to him, for constituting a person of so fair a character, furnished, as we hope, with a full resolution, as well as power, to redress the grie- vances, and remove the oppressions that this poor province has, for some time, laboured under, occa- sioned by the irregular administration of the late deputy-governor; who was too much influenced by evil counsel; to which the miseries and confusion of the state, and divisions in the government, are principally owing. " We are ready to represent such of those public grievances as are laid before us, or occur to our knowledge, in particular articles, and bring them to a proper examen; but, perceiving by thy message to the house yesterday, that thou art not ready, at this time, to proceed with us to business, we shall take leave only to mention some of those things, of which the public weal of this country loudly calls for a most earnest application and speedy redress. " In the first place, we are to- lay before thee that of the false alarm in May 1706; wherein the late governor was chief actor; and for which he is highly chargeable; having shot at the queen's sub- jects, putting many of the inhabitants of this town in danger of their lives, and forced great quantities of powder and lead from the owners, and gave it to such as wasted it, when he knew there was no occa- sion to use it; whereby he deprived the place of what ammunition might be ready for those, that had freedom to make use of it for their defence in case of an attack. " The next is that notorious act of hostility he committed by firing shot at the queen's subjects passing by Newcastle in the river, upon their lawful trade to and from this port. " We mention these, as they are, in our opinion, offences of a deep dye, and committed against the queen's crown and dignity, as well as against the peace, and ought to be charged upon him, before he departs this province; but the method of the prose- cution against him we submit to thy prudent care and discretion, and we shall be ready to do what it proper on our part*. UNITED STATES 849 "That the treasurer (S. Carpenter) of the last tax has refused to comply with the directions of the assembly in paying the public debts, according to the respective orders drawn upon him, and signed by the speaker; and that the collectors of the said tax who neglected their duty in gathering the same, have not been obliged thereunto, according as the act of assembly in that case directs, and more par- ticularly the collector of the city and county of Phi- ladelphia. " That the courts of judicature of this province have been, and are, erected by ordinances of the governor and council, against the advice, and with- out the assent of the assembly ; which we complain of as a great oppression and aggrievance to the peo- ple we represent, and desire the same may be speedily redressed, and the bill prepared for the establishing courts, with other useful bills, ready to be presented to the governor, maybe considered. " We are given to understand that thou brought some commands from the queen to this government, as well as instructions from the proprietary, relating to the public, which, with a copy of thy commission, and the royal approbation, we desire may be com- municated to this house at our next meeting, which we intend on the 20th day of the next month, and shall adjourn accordingly, unless it be thy pleasure to call us sooner ; which we shall be ready to comply with, not only in expectation of a speedy redress of our grievances, but to settle by law, how money shall be paid upon contracts made, before the new cur- rency of money takes effect. " Signed by order of the House, " DAVID LLOYD, Speaker." Thus, by the assembly's very first address to Go- vernor Gookin, were the former animosities con- tinued ; for the principal and ruling members of the house were still the same, who had so long been accustomed to complain of grievances, or imagine things of that kind. Evans's wrong or impru- dent conduct had made such deep impression on their minds, and disposed them so much to a discon- tented and angry disposition, that in some of their representations, they appear not only to have ex- aggerated what might truly be called grievances, but also complained of many things as such, which, according to the laws and constitution, could not pro- perly come under that name. The governor gave a reply to the assembly's ad- dress on the 13th of April ensuing, as follows : " Gentlemen, " It would have proved a much greater satisfac- tion to me, if at this first time of my speaking to you, I had nothing to take notice of, but what I myself might have to lay before you; but. your ad- dress, presented to me in March last, when you sent me notice that you were sitting, will, before we proceed to any other business, require some answer ; in which I will be plain and short, as the matter will bear. " I thank you, gentlemen, for your congratula- tions, and do assure you, that I come with full reso- lutions on my part, to employ the power, with which the proprietary has thought fit to honour me, and her majesty has graciously pleased to approve of, to render the people of this government as happy and easy as is possible for me, in ail things that shall concern their true interest, and be to their real ad- vantage. I have enquired what might be meant by those aggrievances, oppressions and confusions, which you complain of, and whatsoever I shall meet with, that deserves those names, shall have my HIST. OF AMER. Nos. 107 & 108. ready concurrence to remove them, as far as they shall appear ; but I must say, that I believe, one effectual method, to free all people from the appre- hensions of grievances, will be to lay all former animosities and jealousies asido, and, for the future, apply themselves to such business as they are con- cerned in for the public, with a freedom and open- ness of temper, and an unbiassed inclination to promote the common good, without any other par- ticular view : if we should be so fortunate as to take example from her majesty's glorious administration of her dominions at home, and that of her par- liament, we should not fail of being extremely happy. " As to those two past actions of my immediate predecessor, of which you complain, I can only inform you, that they were both well known in Britain, before I left it ; and that I had no direc- tions to make any enquiry into them ; and that, upon the best advice I can receive here, I find they will not properly fall under my cognizance, in the station I am placed in, and therefore cannot think it fit to concern myself with them. " But I am obliged to observe to you that the council of the province, now with me, think them- selves very unjustly treated by' the mention you have made of them, if they (as it is generally un- derstood) be intended by the evil counsel, of which you have taken notice ; and therefore will take the liberty to vindicate themselves, as you will see, by their application to me ; to which I refer you. " The charge against the treasurer, (S. Carpen- ter,) I find is occasioned by his and the council's understanding the act of assembly, by which the money, that comes into his hands, has been granted, somewhat differently from what the present and late houses of representatives have done : he pleads the law, as his best direction ; and you cannot but agree that it is fit that this alone (I mean the law,) ought to determine the matter. As far as I have hitherto been able, I have pressed the collection of the taxes, and shall continue the best of my care, until they be finished. " The method of establishing courts by the go- vernor and council, was also well understood in Great Britain, and was approved of there, as being grounded on unquestionable powers, granted the proprietary. The bill formerly proposed by the assembly for that purpose, which is now before the board, has not been allowed of; but seeing the pre- sent establishment, which was drawn, as I am in- formed, according to the plan laid down in that bill, carries some inconveniences with it, and re- quires an alteration. I shall be ready to agree to any other reasonable bill, that you shall hereafter propose, for settling courts of judicature, in such a regular method, as may be a lasting rule for hold- ing them. ' I have no instructions, gentlemen, from her majesty, that will concern you ; those from the proprietary being to myself, as occasion offers, and where it may be proper, I shall acquaint you with the particulars. I have ordered copies of my com- mission, and her majesty's approbation to be pre- pared and delivered to you. " I should now propose to your serious considera- tion some other matters of the highest importance, without which government cannot long subsist ; as a due provision for the support of it, and for the security of the people ; but what I shall principally recommend to you, at this time, is the latter part of the last paragraph of your address, viz. To pre- 4 D 850 THE HISTORY OF AMERICA. pare a bill for settling by law, how money shall Le paid upon contracts made, and to be made, before the uew currency of money takes effect : this, as I find, by the great uneasiness of the people, is a matter that will require a very speedy provision, and, therefore, hope you will find such just and equal methods for it> as neither the debtors, on the one hand, nor creditors on the other, may suffer by the alteration ; to which I desire you may forthwith proceed, with as little loss of time as is possible ; after which we may have opportunity to enter into consideration of such other matters as may naturally fall before you." The governor's speech produced an answer from the assembly on the 14th; in which, besides insist- ing on what they had before advanced, they dis- tinguished what they meant in their address, when they said, " The late governor was too much in- fluenced by evil counsel," by expressly throwing the whole blame on James Logan, and some other per- sons, who were not of the governor's council. They also promised to make due provision for the support of government; and agreed to consider and pre- pare the bill, which the governor recommended, as a very necessary part of their business ; and then they hoped and expected a redress of their griev- ances. The following is the council's address to the go- vernor, in reference to the " evil counsel," men- tioned in the address of the assembly. " To the honourable Charles Gookin, Esq. lieu- tenant-governor of the province of Pennsylvania, and counties of Newcastle, Kent, and Sussex, on Delaware. " May it please the Governor, '' We, the members of council for the said pro- vince, who attended the board during the adminis- tration of the late lieutenant-governor, upon view- ing the address presented by the assembly on the 9th day of March last, think ourselves obliged to observe, that in the first paragraph of it, complain- ing of aggrievances and oppressions, which, they say, this province has, for some time laboured under, occasioned by the irregular administration of the late deputy-g'overnor, they have thought fit to add these words, ' who was too much influenced by evil counsel ;' to whom the miseries and confusions of the state, and divisions in the government, are prin- cipally owing. " It was long, may it please the governor, before we could induce ourselves to believe, that men, so well acquainted with the characters of most of us, in our several stations in the country, could possibly intend us by the charge, until, by the observations of others, we were forced to take a nearer notice of the expressions; upon which we are sorry to find, that the word counsel, as there used, together with the general construction of the sentence, seems not to admit of any other interpretation, but that to us principally is owing whatever the assembly has thought fit to complain of, or can reduce, under the general terms they have used: if they will disavow any such intention, we shall crave no other satis- faction ; but, if not, we must then desire that they, and all men concerned in these affairs, may know, " That, notwithstanding the proprietary and late lieutenant-governor, according to the established rules in all governments whatsoever, from the most polite to the most, barbarous, nations in the world, finding themselves under a necessity of having a council about them, to advise with, in affairs of government, have thought fit to choose us for that service, in which, according to our several solemn engagements, we have acquitted ourselves, to the aest of our judgments and abilities, yet not one of us receives, or ever expects, any other advantage by it, than the satisfaction of having discharged our duties to the country we live in, and to advance the prosperity and happiness of it, as much as may lie in our power. We have no salaries, nor allow- ance paid us by the country for this, nor offices of profit to encourage us; what we do is at our own expense of time, trouble, and charge, and upon our own estates is all our dependence, which, giving us as good an interest in the country as others can pretend to, and being out of the reach of any pos- sible views different from the good of the whole, no man, without a manifest violence to his reason, can imagine but that we are as much concerned, and, therefore, would be as careful to prevent and divert any miseries, confusions, or divisions, that may threaten the province, as any other set of men whatsoever; so that this charge from the assembly, f levelled against us, is not only unjust, but will be udged, we believe, exceedingly ungrateful, by all that impartially consider us, and our circumstances, among our neighbours. ' After this general accusation, involving us in all things that have -been irregularly committed, or that any person can think so to have been, they enumerate four particulars, which they call ag- rievances. To the two first we have nothing to say; and we hope no man can believe that any one of us was so much as privy to them, much less that we advised them ; we here solemnly declare, each for himself, that we did not. The other two we ac- knowledge ourselves to be concerned in, and shall always justify: that is, first, That we advised the treasurer to take his directions from the law alone, and without regard to the partial order of the as- sembly to the contrary, to make his payments in equal portions ; which, we hope, cannot be ac- counted a grievance: and in the next, To prevent the greatest of all possible grievances, the want of public justice, of which, by the measures taken by the assembly of that time, the country was long de- prived ; we advised the governor to make use of the powers with which he was unquestionably vested, to open the courts again, and to restore the courts of justice to the oppressed country ; which had long languished through the want of it, until they could be otherwise established. Men unacquainted with affairs of this kind, and who must take their infor- mation from others, may be imposed on by persons of design, and believe that to be irregular, which, in itself, is a most wholesome and necessary act; but we can, with assurance, affirm, that we had full sa- tisfaction, from men of the best abilities, that what we advised and concurred in this matter, was regu- lar, just, and legal. " Upon the whole, may it please the governor, though, on the one hand, we shall be exceedingly unwilling to have any misunderstanding with the re- presentatives of the people, well knowing it to be an unhappiness, that all reasonable measures should be taken to prevent; yet, on the other, we shall not, by any contrivances, be diverted from discharging the trust reposed in us. during our continuance in this station, with honour and justice, to the best oi our abilities; but, from time to time, shall offer to the governor snch advice as we shall judge most conducive to the general good of the province ; in the wel't'are of which we are so nearly concerned, in our several private interests; and in the meantime, UNITED STATES. 851 hope we may justly expect to be secured from ca- lumny and misrepresentation. " Edward Shippen, Samuel Carpenter, Joseph Growdon, Jasper Yeates, Samuel Finney, William Trent, Caleb Pusey, Richard Hill. " With an exception to what is said of offices of profit, though I enjoy none, as a member of council, I sign this. " JAMES LOGAN. " Philadelphia, April 13, 1709." The governor having laid this representation of the council before the assembly, it produced an ad- dress to him, by way of answer, from the house. In this they blamed the council, for seeming to ap- ply to themselves, in general, what was meant by the words evil counsel; of which, they said, they had given their explanation before, in their answer to the governor's speech. They were displeased at the council's declaring they had nothing to say re- specting the two particulars of Evans's conduct, mentioned in the assembly's address, viz. That of the false alarm, in 1 706. and the affair at Newcas- tle. As to the other two points, in regard to the councils advising the treasurer and the governor, as they acknowledge themselves to have done; the assembly appeared incensed at the council's pre- suming to do the former, as it was not properly their office ; and they censured them for opposing the late assembly in their advice to the governor, on the bill of courts, and their assenting, at the same time, to the governor's ordinance, for carrying into execution the same thing, and so nearly in the same manner, that the said bill was intended to do; in short, they were angry that the council should present, (in their words, patronize) such an address, so opposite to the views of the house, and declared, they considered it as an indignity offered to them, as well as to the late assembly. After this was laid before the governor, the as- sembly presented a remonstrance, complaining of many circumstances which they styled grievances, and requesting his concurrence to remove and re- dress the same. Some of these seem to have been very trifling, and to have been complained of to gratify the temper of the house ; the rest have al- ready been mostly mentioned. The resentment of Lloyd, the speaker, against Logan, and the ready devotion of the house to his humour, are represented to have had too much place, in some of these transactions. It is scarcely to be doubted that there was real occasion, in some cases, to complain of grievances, which demanded proper attention and relief; but the word "griev- ance" was become common, and so often used, that its proper application seems not always to have been sufficiently attended to. After having presented their remonstrance, the house adjourned ; and at their next meeting, on the 1st of June, the governor made them the following speech, viz. " Gentlemen, " The queen, for the good of her subjects of the provinces, has fitted out an expedition with great expense, for the retaking of Newfoundland, and for the conquest of Canada, and has entrusted Colonel Vetch with her majesty's letters to the respective governors, and instructions to agree on proper mea- sures, for putting her majesty's designs in execu- tion. Boston, lihode Island and Connecticut, have outdone her majesty's expectations ; and I hope we shall not be wanting in our duty. " The quota for this province is 150 men, besides officers, to be victualled and paid, as those of the other governments ; the charge, I suppose, will amount to about 4000J. " Perhaps it may seem difficult to raise that num- ber of men, in a country where most of the inhabi- tants are obliged, by their principles, not to make use of arms ; but if you will raise, for the support of government, the sum demanded, I do not doubt getting the number of men, whose principles allow the use of them, and commissioners may be ap- pointed for disposal of the country's money ; that the people may be satisfied, that the money is ap- plied to no other use than this expedition. " I must recormnend to you the present circum- stances of the three lower counties ; you are not now falsely alarmed; Newcastle seems the only place proper to make any defence; I find them ready and willing to do any thing in their power for the good of the country, and look on themselves as a frontier to you, though a weak one; and if they perish, in all probability, your destruction will not be far off; therefore, in my opinion, it is your inter- est, that they be furnished with all things necessary to oppose the enemy. " I have only to add, that, as all private affairs ought to be postponed to her majesty's immediate service, so it will not consist with my duty to hearken to any proposals, or enter into any business with you, till her majesty's commands be complied with ; and, therefore, desire you will give this affair all possible dispatch." The assembly vote a present to the queen Tlie gover- nor 1 not satisfied with their offer ; and they adjourn Proceedings of the next meeting of assembly' They agree to augment the sum, voted before to the queen and request the governor's concurrence to divers bills Further dispute between the governor and assembly ; with reasons of the former for not agreeing with the latter ; upon which they remon- strate to the governor, and are much displeased with the secretary, James Logan Proceedings between the governor, and the next assembly Their pro- ceedings against James Logan They are disap- pointed in their design against him by the governor The secretary goes to England, 8fc. The assembly having considered the governor's speech, several of the members consulted a number of their principal constituents ; and in their address, or answer to the governor, they declared, " That were it not, that the raising of money to hire men to fight (or kill one another) was matter of conscience to them, and against their religious principles, they should not be wanting, according to their abilities, to contribute to those designs." They expressed their regard and loyalty to the queen, and their prayer for the long continuance of her reign, and concluded, " That, though they could not, for conscience sake, comply with the furnishing a supply for such a defence, as the governor pro- posed, yet, in point of gratitude to the queen, for her great and many favours to them, they had re- solved to raise a present of 500/." &c. To this they added, in their address, " That they humbly hoped he would be pleased to accept this, as a testimony of their unfeigned loyalty, and thankful acknowledgment for her grace 'and cle- mency towards them, and the rest of her subjects ; and though the meanness of the present were such as was unworthy of the favour of her acceptance, (which indeed, said they, was caused not through want of good-will, and loyal affection, but by in- ability and poverty, occasioned by great, losses, late 4 D 2 852 THE HISTORY OF AMERICA. taxes misapplied, lowness of the staple commo- dities of the country, great damp upon trade, and their neighbours' non-compliance with the queen's proclamation for reducing the coin,) yet they hoped she would be graciously pleased to regard the hearty and cordial affections of them, her poor subjects, in- stead of a present of value ; and to prevent mis- application thereof, they had agreed, that it should be -accounted part of the queen's revenue. " They, therefore, humbly entreated the gover- nor to put a candid construction upon their pro- ceedings, and represent them favourably to their gracious sovereign the queen ; to whom they trusted they should ever approve themselves (though poor) her most loyal and dutiful sub- jects," &c. The governor was dissatisfied with this answer, principally on account of the smallness of the sum ; and, in reply, represented the urgent necessity of their further exerting themselves, on the occasion. But the assembly pleaded their poverty and inabi- lity, and adhered to their resolve of presenting the queen with 500., requesting the governor to con- sider the nature of such a refusal, and of his inter- posing between them and their sovereign, in such a case. The governor again, in his turn, pressed their compliance to a more general contribution, de- claring his present conduct in the affair, to be his indispensable duty, in consequence of the queen's letter ; and of the utmost importance to them, to secure her favour, and disappoint those who de- sired a dissolution of the present government. After this several messages and answers passed between the governor and assembly, on the subject, but without any effect; for the house, being de- termined to adhere to their resolve, declared, that, as the governor had refused to give his assent to their proposal of raising the 500Z., above men- tioned, and to proceed to other business, till it was now late in the season, they would adjourn till the harvest was over. Of this the governor, being informed by a writ- ten message from the house, it produced further altercation ; the governor being determined to pro- ceed to no other business till that of the queen was first settled ; and the house declaring, they woulc not agree to the governor's proposal of raising money, either directly or indirectly, for the expedi tion to Canada, for the reasons they had given yet they continued their resolution of raising 500/. as a present to the queen, and intended to prepan a bill for that purpose, at their next meeting, on the 15th day of August next; to which time they adjourned. The governor convened the assembly before the time, to which they had adjourned ; and told them " That their enemies, having plundered Lewistown watered in the bay, and sounded it as they passei along, gave alarming apprehensions of a neare visit ; and that he demanded some provision to bi immediately made, in case of emergency." " Tha the chiefs of several Indian nations, being in town a supply was immediately requisite, to make them a suitable present ; that the importance of thei friendship, and the easy terms of maintaining il were sufficiently evident." " That, pf the money which had been appropriated for tha-t use, now no thing remained for a present to them ; and that though money could not so suddenly be raised, a the case required, yet they might find means t procure credit, so as that they might not go awa mpty." " That there was no manner of provi- on for the governor's support ; that the proprie- iry, on whom the assembly had too often had ex- ectation in the case, had, by his late hard treat- nent, from some whom he had too far trusted, een entirely disabled (were it in itself reason- ble) to continue any such provision ; conse- uently their immediate resolution was absolutely ecessary to contribute what was proper in this oint; otherwise they must expect a change that ould prove more chargeable." The assembly expressed their concern for what ad happened at Lewistown ; and stated that the overnor was already acquainted how far the ge- erality of the people of the province could op- ose such an attempt. They wondered that, after uch large sums, raised for the support of govern- ment, they were notwithstanding left so unprovided, s the governor had represented; and they earnestly equested his assistance to call the late governor nd secretary to account for the money, which, they aid, should have been applied to the use of the pub- ic. To the 500J., which they had already voted, they greed to add 300/. more for the other necessary xpenses, besides 200/. towards the governor's sup- iort. They intimated thoir expectation of his con- urrence to redress their grievances, and recom- nended to his consideration a number of bills, pre- lared by former assemblies, and agreed to by the >resent; of which one was for establishing courts; o all which they desired to have his concurrence, r to know his objections. These bills were twelve in number ; their titles were, 1. For establishing courts of judicature, in .he province. 2. For regulating and establishing 'ees. 3. For confirming patents and grants, and o prevent law-suits. 4. For empowering religious societies, towns, &c., to buy, hold and dispose of and, &c. 5. Of privilege to a freeman. 6. To oblige witnesses to give evidence, and to prevent Vise swearing. 7. To prevent the sale of ill-tanned eather. 8. That no public-bouse or inn, withiu Lhe province, be kept without licence. 9. Against menacing, and assault and battery. 10. To pre- vent disputes, which may hereafter arise about dates of conveyances, and other instruments and writings. 11. For the more effectual raising of levies, in the several counties of the province, and the city of Philadelphia, and appropriating the same, 12. For the priority of the payment of debts to the inhabitants of this province. The governor, in reply, acknowledged he was sensible, that many inhabitants of the province could not, in any case, bear arms ; so he did not propose it to them, but only a necessary supply in money, without engaging any man against his religious persuasion. That, in regard to what they had said respecting Colonel Evans and the secretary, he could not understand it ; the former having affirmed, he received only what was directly allowed by the assembly for his own support, and thought himself not at all accountable for it; and thai the secretary seemed to wonder what should induce the house to name him upon that occasion ; there being none of it payable to him, but for his own services as an offi- cer. That he thanked them, for taking his support into their consideration, hoping future provision of that kind would be made more easy ; and that he would readily agree to any thing consistent with his duty, and the trust reposed in him. That, respecting the bills, the proprietary was not at all opposed to establishing courts by law, UNITED STATES. 853 yet his instructions would not permit him to agree to those points in the bill/ which broke in, either upon his powers in government, or his just interest; why such a bill should interfere with these, he could not see ; but as he was willing to agree to a bill, for the ease and security of the people, in that respect, properly regulated, and on his part, to do his duty, so he hoped they would be careful to offer him no- thing that he could not assent to, without a viola- tion of his honour and trust. He recommended their reviewing the bills, passed by the former assemblies; and thanked them for the provision, which they had made for the Indians. This speech concluded the sessions. The assembly at their next sitting in August, not- withstanding the governor's warning, still remained tenacious of their own method, and adhered to their former claims. Upon which, at their next meeting, on the 28th of Sept., he sent them a written message, which concludes with the following paragraph : " But now, gentlemen, I must be so plain as to tell you, that, though I have been very desirous to see all these matters brought to a ripeness, that they might actually be passed into laws, yet, until I see the country as ready to discharge their duty, in providing for my support, in the administration, independent of anj supply from the proprietary, who, as I told you before, cannot now (were it even rea- sonable) spare any part of his estate here, to that purpose, I shall account myself very unjust to the duty I owe myself, if I concur in any other public act in legislation, though truly inclinable to do all, for the advantage of the public, that can reasonably be expected from me : but a governor cannot lie under a greater obligation to the people, than they do to him ; nor can that be accounted a free gift from them, which is but their indispensable duty ; for at this time, there is no support for a governor in this government, but what must be granted by an act of an assembly. You have told me, that'you had voted 500/. to the queen, 300/. for the service of the public, and 200Z. to me ; and you have lately informed me, that when I had passed the other acts, the speaker would present a bill to me, for raising that money. It is possible when the others were passed, the speaker might do so ; but, can it, in reason, be expected, that, while you show so un- precedented and unusual a diffidence, on your side, that you would not so much as let me see the bill, but hi private, nor allow, that it should, upon any terms, be communicated to the council, with whom I am to advise, (though you cannot but be sensible, that, should I design it, yet it is not in my power to pass a bill into a laAV, until the speaker has signed it.) which is usually done at the time of passing it. Could it be expected, I say, that I should pass all that you desired of me, and then depend on your presenting that bill? Or, can it be thought reason- able, or, for the security of the public, that I should pass an act, for raising and applying SQOL for several uses, besides those 200J. said to be granted to me, without taking proper advice upon it, of those, whom the discharge of my duty, as well as my inclinations, obliges me to consult, in all public mat- ters ; nor that I should have it in my power to ob- ject to, or alter, any part of the whole bill, after it is presented ? No, gentlemen, &s I have no designs but what are plain and honest, so I must expect a suitable treatment; and, therefore, I now desire you faithfully to lay before the people, whom you represent, and to whom you are returning, what I have here said to you ; and. upon this occasion, assure them from me. that unless they take care to grant a requisite support, and in such a manner, as is fit to be accepted, I shall not at all think my- self concerned to attend the affairs of the public, in legislation ; and what measures the proprietary will find himself obliged to take at home, I have for- merly sufficiently hinted to you ; but as I shall not be wanting, on my side, to concur in any thing that is reasonable, so I hope, the next time I meet the representatives of the people, we shall have such confidence in each other, and they will so far con- sider their duty, and take such methods, for effect- ing business, that all things necessary may be con- cluded to our mutual satisfaction, for the true ad- vantage and benefit of this province." By this plain declaration of the governor, the as- sembly easily perceived, to their great mortification, that, in consequence of the proprietary's instruc- tions, the governor could not pass any bill without the advice or approbation of his council; which, how reasonable soever it might appear in itself, was deemed to have no foundation in the royal charter ; by which the whole power of legislation was under- stood to be vested in the governor, and the repre- sentatives of the people. This the house observed in their remonstrance to the governor the next day, declaring, that had they known he was so restricted, they would neither have given him, nor themselves, so much trouble as they had done : they likewise complained of some other matters, that were not redressed : but their greatest resentment appears, in this remonstrance, to be against the secretary, Logan ; against whom is exhibited, in a very angry manner, a long complaint ; representing him as the grand obstacle of their proceedings ; and, that, though they had endeavoured to reduce him within proper bounds, yet, by reason of his great influence with the governor and proprietary, he was now ad- vanced above their power ; obstructing all their public transactions, and treating the members of the house with insult and abuse. In the October following, the same members of as- sembly were principally re-elected, and David Lloyd was again chosen speaker. The governor, in his speech on the 17th, after having mentioned several other affairs, which were yet unfinished, pressed their making due provision for the support of the lieutenancy of the government, and concluded his speech as follows : " Gentlemen, you are met for no other end, than to serve the country, whom you represent ; I hope, therefore, you will study all possible means, that may contribute to the real happiness of that : which, I believe, you will find may be much promoted by improving a good understanding between you arid me, in our respective stations. " I would not willingly look back upon some of the proceedings of the last house, only from thence I must give you a necessary caution, to dwell less than has been done on that general language of evil counsel, or counsellors, generally used as an artful method, lo strike at the counselled ; but with me, I believe, without occasion; or that of griev- ances and oppressions, words, by God's blessing, understood by few (I find) in this province, who form them not in their own imaginations; for I assure you, gentlemen, if we are not as happy as the circumstances of the place will admit, it lies much in your power to make us so; of which I hope you will consider, and use your endeavours accordingly, with a full resolution to remove what- ever may stand in the way. 854 THE HISTORY OF AMERICA. " I have already said, that I would not look back to the proceedings of the last house ; but the secre- tary has found himself so much aggrieved by their remonstrance, that he has presented for my perusal a long defence ; in which I shall not think myself any further concerned, than to observe to you, that, to my surprise, he has charged the speaker of that house with some proceedings, which, if true, will re- quire your consideration, and some further mea- sures to be taken upon them; for which reason, I have ordered him to lay a copy of them before you; and I must say, if that representation be well grounded, I cannot see that, under this government, such a person can be accounted fit for that station ; but at present I shall no further enquire into it, only recommend to you, to proceed with diligence, in whatever is incumbent on you, in your stations, as well in this as in all other matters that may con- cern the welfare of the public, and honour of this government, as now established." This the assembly replied to the next day; tell- ing the governor that, among other things, they also had under consideration the making provision for his support; and, after having made some angry reflections against the secretary, whom they consi- dered, in great measure, as the cause of the misun- derstanding between them and the governor, they proceeded to say; " But, may it please the gover- nor, we beg leave to observe, that the duty incum- bent on us, to contribute to this general support of the lieutenancy, is grounded upon a condition pre- cedent; so that the people, according to the funda- mental rules of the English government, are not obliged to contribute to the support of that adminis- tration, which affords them no redress when their rights are violated, their liberties infringed, and their representative body affronted and abused : hence it is, that that branch of the legislative autho- rity seldom move to give supplies till their aggriev- ances are redressed, and reparation made, for the indignities they meet with from the other branch of the same authority. " We are very sensible that the end of our meet- ing is to serve the country; and we assure the go- vernor there shall be nothing wanting on our parts to promote it, and improve a good understanding between him and us, in our respective stations : but let not the language of the representatives of the people, about evil counsellors, grievances, and oppressions, be irksome to the governor; for we shall not answer the true end of our meeting, nor discharge our duty and trust to those that sent us, if we be silent, and not insist upon redressing those things that are amiss, with a resolution to use our endeavours to remove what appears to stand in the way. " We have, with all the application, this short time could allow, informed ourselves of the pro- ceedings of the late assemblies, and find no just grounds for the governor to suppose that their com- plaints of evil counsel or counsellors have been used as methods to strike at him; but we believe it was their care, as we find it to be ours, that the gover- nor may not be imposed on, or prevailed with, to adhere to evil counsel, and render his actings in- consistent. " We suppose it needless to be more express than the late assembly have been, to demonstrate what an enemy the secretary has been to the welfare of this province ; and how abusive he has been to the representatives of the people ; so that we can do no less than repeat the request of former assemblies, to have him removed from the governor's council; which we doubt not will be a most effectual means to improve a good understanding between thee and us. " If the governor will look back, and duly consi- der the complaints and remonstrances of the late assemblies, it will appear, that grievances and op- pressions are words, which are formed upon just complaints; and for which the country wants re- dress; so that what the governor supposes, on that head, is not candid towards the representatives of the people. " May it please the governor, whatever might be the occasion, or design of the last clause in thy speech, we are of opinion it was not well timed; for if the secretary's charge against our speaker had any weight, it should have been propounded as an objection against the assembly's choice of him for speaker : but, after thou hadst declared thy appro- bation of their choice, that thou shouldst'be pre- vailed upon so far to patronise the secretary's insi- nuation against the speaker, as to make it a part of thy speech to us, before we had seen or hoard the charge, we can do no less than resent it, as an in- dignity offered to this house; for though we are men that cannot be much meaner in the governor's eye than we are in our own esteem, yet we must put him in mind that, since the royal charter com- mits this part of the legislative authority to our care, we ought to have the regard due to our stations." After this the governor went to Newcastle; and in the meantime the assembly adjourned. On their meeting again, about the beginning of November, the secretary, Logan, intending to go to England, presented to them a petition, requesting that prepa- ration might be made for his trial, upon the im- peachment of a former assembly, in the year 1706. They therefore proceeded to his case, and took into consideration his defence; and his charge against their speaker, David Lloyd, mentioned in the go- vernor's speech. They carried their resentment so far in the affair, that they actually issued out a warrant to the high sheriff of the city and county of Philadelphia, signed by the speaker, for apprehending the secretary, and for committing him to the county gaol of Philadelphia, as tfrey said," For his offence, in reflecting upon sundry members of this house in particular, and the whole house in general, charging the proceedings of this assembly with unfairness and injustice." But, by 'A-supersedeas from the go- vernor, the execution of it was prevented, to tl:e great displeasure of the assembly ; as appears by their resolves, in the minutes of the house; wherein they assert, " That this measure of the governor was illegal and arbitrary." The temper and disposition of the house now were such, that it does not appear any further transac- tions passed between the governor and this assembly. But the secretary, by reason of his useful abilities, and faithful services to the proprietary, was so tho- roughly fortified in both his and the governor's es- teem and confidence, that he was above the power of his opponents. He prosecuted his voyage to England; and with such perseverance and ability vindicated himself, and so far succeeded against the violence of the opposition, that he not only survived the storm, and continued in his offices, but also was afterwards president of the province ; and discharged the office with much reputation to himself and sa- tisfaction to the public, as will hereafter appear; and after a wise recess of many years from public affairs, at last, in the year 1751, honourably closed his days. UNITED STATES. 655 Party spirit endanger* the government and constitu tionThe proprietor's letter to the assembly respect ing their late transactions An entire new assembly elected in October 17 10 Harmony between the go- vernor and this assembly productive of more ayree able and better consequences, fyc. Proceedings Oj the legislature in consequence of an express fron England, received by the governor, relating to a> expedition against Canada The queen's letter Oj instructions to him The assembly vote 2000/. fo, the queen's use Tlie next year produces a chan(/( in the assembly The proprietor agrees to dispose Oj the government to the queen; and is seized with a, apoplexy Wine and mm imported in 1712 Set tlnment of New Garden and London Grove, it Chester county Samuel Carpenter The governor', u-rit for summoning the assembly Altercation be tween them. This province appears to have been never entirely without a discontented party in it; who thought it their duty and interest constantly to oppose the proprietary, in all cases indiscriminately, vvher either his power or interest was concerned; am though frequently but small and weak, yet they were sufficiently able to embarrass the public pro- ceedings, and endanger the general tranquillity; and having, for a number of years past, by conti- nual complaints of great and numerous grievance utiredressed, excited the minds of many well-disposed persons in the province, they at last obtained a ma- jority in the assembly against him. The increase of this opposition seems principally to have arisen from the proprietary's absence, and trusting his affairs too much to deputies; to which the nature and necessity of his situation and cir- cumstances, in these times, particularly obliged him. The opposition against Penn at last drew from him the following letter to the assembly. " London, 29th, 4th mo. 1710. " My old Friends, " It is a mournful consideration, and the cause of deep affliction to me, that I am forced, by the op- pressions and disappointments which have fallen to my share in this life, to speak to the people of that province, in a language I once hoped I should never have occasion to use. But the many trou- bles and oppositions that I have met with from thence, oblige me, in plainness and freedom, to ex- postulate with you, concerning the causes of them. " When it pleased God to open a way for me to settle that colony, I had reason to expect a solid comfort from the services, done to many hundreds of people ; and it was no small satisfaction to me, that I have not been disappointed in seeing them pros- per, and growing up to a flourishing country, blessed with liberty, ease, and plenty, beyond what many of themselves could expect; and wanting nothing to make themselves happy, but what, with a right temper of mind, and prudent conduct, they might give themselves. But, alas ! as to my part, instead of reaping the like advantages some of the greatest of my troubles have arose from thence ; the many- combats I have engaged in ; the great pains, and incredible expense, for your welfare and ease, to the decay of my former estate; of which (however some there would represent it) I too sensibly feel the effects ; with the undeserved opposition I have met with from thence, sink me into sorrow ; that, if not supported by a superior hand, might have over- whelmed me long ago. And I cannot but think it hard measure that, while that has proved a land of freedom and flourishing, it should become to me, by whose means it was principally made a country, the cause of grief, trouble, and poverty. " For this reason I must desire you all, even of all professions and degrees, for although all have not been engaged in the measures that have been taken, yet every man who has an interest there, is, or must be, concerned in them, by their effects ; I must, therefore, I say, desire you all, in a serious and true weightiness of mind, to consider what you are, or have been doing ; why matters must be carried on with these divisions and contentions, and what rsal causes have been given on my side for that op- position to me, and my interest, which I have met with ; as if I were an enemy, and not a friend, after all I have done and spent, both here and there : I am sure I know not of any cause whatsoever. Were I sensible you really wanted any thing of me, in the relation between us, that would make you happier, I should readily grant it, if any reasonably man would say it were fit for you to demand ; provided you would also take such measures as were tit for me to join with. " Before any one family had transported them- selves thither, I earnestly endeavoured to form such a model of government as might make all concerned in it easy ; which, nevertheless was subject to be altered, as there should be occasion. Soon after we got over, that model appeared, in some parts of it, to be very inconvenii nt, if not impracticable; the numbers of members, both in the council and assembly, were much too large; some other matters also proved inconsistent with the king's charter to me : so that, according to the power reserved for an alteration, there was a necessity to make one, in which, if the lower counties were brought in, it was well known, at that time, to be on a view of advantage to the province itself, as well as to the people of those counties, and to the general satis faction of those concerned, without the least appre- hension of any irregularity in the method. " Upon this they had another charter passed, nemine c.ontradicente ; which I always desired might be continued, while you yourselves would keep up to it, and put it in practice ; and many there know much it was against my will, that upon my last going over, it was vacated. But after this was laid aside (which indeed was begun by yourselves, in Colonel Fletcher's time) I, according to my en- gagement, left another, with all the privileges that were found convenient for your good government ; and if any part of it has been, in any case, infringed, it was never by my approbation. I desired it might be enjoyed fully. But though privileges ought to be tenderly preserved, they should not, on the other hand, be asserted under that name to a licentious- ness : the design of government is to preserve good order; which may be equally broke in upon by the turbulent endeavours of the people, as well as the overstraining of power in a governor. I designed the people should be secured of an annual fixed dection and assembly ; and that they should have he same privileges in it that any other assembly las in the queen's dominions ; among all which this s one constant rule, as in the parliament here, hat they should sit on their own adjournments; mt to strain this expression to a power to meet at all times during the year, without the governor's concurrence, would be to distort government, to >reak the due proportion of the parts of it, to establish confusion in the place of necessary order, and make the legislative the executive part of go- 856 THE HISTORY OF AMERICA. vernment. Yet, for obtaining this power, I per- ceive, much time and money has been spent, and freat struggles have been made, not only for this, ut some other things, that cannot at all be for the advantage of the people to be possessed of; par- ticularly the appointing of judges ; because the administration might, by such means, be so clogged, that it would be difficult, if possible, under our cir- cumstances, at some times to support it. As for my own part, as I desire nothing more than the tran- quillity and prosperity of the province and govern- ment in all its branches, could I see that any of these things that have been contended for would certainly promote these ends, it would be a matter of indifference to me how they were settled. But see- ing the frame of every government ought to be regu- lar in itself, well proportioned and subordinate in its parts, and every branch of it invested with sufficient power to discharge its respective duty for the sup- port of the whole, I have cause to believe that nothing could be more destructive to it, than to take so much of the provision and executive part of the government out of the governor's hands, and lodge it in an uncertain collective body ; and more espe- cially since our government is dependent, and I am answerable to the crown if the administration should fail, and a stop be put to the course of justice. On these considerations I cann<5t think it prudent in the people to crave these powers ; because not only I, but they themselves, would be in danger of suf- fering by it; could I believe otherwise, T should not be against granting any thing of this kind that were asked of me, with any degree of common pru- dence and civility. But, instead of finding cause to believe the contentions that have been raised about these matters, have proceeded only from mis- takes of judgment, with an earnest desire, notwith- standing, at the bottom, to serve the public (which, I hopo, has still been the inducement of several concerned in them) I have had but too sorrowful a view and sight to complain of the manner in which I have been treated. The attacks on my reputation, the many indignities put upon me, in papers sent over hither, into the hands of those who could not be expected to make the most discreet and charitable tise of them ; the secret insinuations against my justice, besides the attempt made upon my estate; resolves past in the assemblies, for turning my quit- rents, never sold by me, to the support of government ; my lands entered upon, without any regular method ; my manors invaded, (under pretence I had not duly surveyed them,) and both these by persons principally concerned in these attempts against me here ; a right to my overplus land unjustly claimed by the possessors of the tracts, in which they are found; my private estate continually exhausting, for the support of that government, both here and there ; and no provision made for it by that coun- try ; to all which I cannot but add, the violence that has been particularly shewn to my secretary; of which, (though I shall, by no means, protect him in any thing he can be justly charged with, but suffer him to stand or fall by his own actions.) I cannot but thus far take notice that, from all these charges I have seen or heard of, against him, I have cause to believe that, had he been as much in opposition to me as he has been understood to stand for me, he might have met with a milder treatment from his prosecutors ; and, to think that any man should be the more exposed there, on my account, and, instead of finding favour, meet with enmity, for his being engaged in my service, is a melancholy consideration ! In short, when I reflect on all these heads, of which I have so much cause to complain, and, at the same time, think of the hardships I, and my suffering family, have been reduced to, in no small measure, owing to my endeavours for. and disappointments from, that province, I cannot but mourn the unhappiness of my portion, dealt to me from those of whom I had reason to expect much better and different things; nor can I but lament the unhappiness that too many of them are bring- ing on themselves, who, instead of pursuing the amicable ways of peace, love and unity, which I at first hoped to find in that retirement, are cherishing a spirit of contention and opposition ; and, blind to their own interest, are oversetting that foundation on which your happiness might be built. " Friends, the eyes of many are upon you; the people of many nations of Europe look' on that country as a land of ease and quiet, wishing to themselves, in vain, the same blessings they con- ceive you may enjoy : but to see the use you make of them, is no less the cause of surprise to others, while such bitter complaints and reflections are seen to come from you, of which it is difficult to conceive even the sense or meaning. Where are the dis- tresses, grievances, and oppressions, that the papers sent from thence, so often say you languish under ! while others have cause to believe you have hitherto lived, or might live, the happiest of any in the queen's dominions? " Is it such a grievous oppression, that the courts are established by my power, founded on the king's charter, without a law of your making, when upon the same plan you propose ? If this disturb any, take the advice of other able lawyers on the main, without tying me up to the opinion of principally one man, whom I cannot think so very proper to direct in my affairs (for, I believe, the late assembly have had but that one lawyer amongst them,) and I am freely content you should have any law, that, by proper judges, should be found suitable. Is it your oppression that the officers' fees are not settled by an act of assembly ? No man can be a greater enemy to extortion than myself: do, therefore, allow such fees as may reasonably encourage fit persons to undertake these offices, and you shall soon have (and should have always cheerfully had) mine, and I hope, my lieutenant's concurrence and approbation. Is it such an op- pression, that licences for public-houses have not been settled, as has been proposed? It is a certain sign you are strangers to oppression, and know nothing but the name, when you so highly bestow it on matters so inconsiderable; but that business, I find, is adjusted. Could I know any real oppres- sion you lie under, that is in iny power to remedy (and what I wish you would take proper measures to remedy, if you truly feel any such,) I would be as ready, on my part, to remove them, as you to desire it; but according to the best judgment I can make of the complaints, I have seen (and you once thought I had a pretty good one,) I must, in a deep sense of sorrow, say, that I fear, the kind hand of Providence, that has so long favoured and protected you, will, by the ingratitude of many there to the great mercies of God, hitherto shown them, be, at length, provoked to convince them of their un- worthiness; and by changing the blessings, that so little care has been taken, by the public, to deserve, into calamities, reduce those that have been so clamorous, and causelessly discontented, to a true, but smarting sense of their duty. I write UNITED STATES. 857 not this with a design to include all; I doubt not, many of you have been burdened at, and can by no means join in the measures that have been taken ; but while such things appear under the name of an assembly, that ought to represent the whole, I cannot but speak more generally than 1 would desire, though I am not unsensible what methods may be used to obtain the weight of such a name. " I have already been tedious, and shall now, therefore, briefly, say, that the opposition I have met with from thence must, at length, force me to consider more closely of my own private and sinking circumstances, in relation to that province. In the mean time, I desire you all seriously to weigh what I have wrote, together with your duty to yourselves, to me, and to the world, who have their eyes upon you, and are witnesses of my early and earnest care for you. I must think there is a regard due to me, that has not of late been paid ; pray, consider of it fully, and think soberly what you have to desire of me, on the one hand, and ought to perform to me, on the other; for, from the next assembly, I shall expect to know what you resolve, and what I may depend on. If I must continue my regards to you, let me be en- gaged to it by a like disposition in you towards me. But, if a plurality, after this, shall think they owe me none, or no more than for some years I have met with, let it, on a fair election, be so declared, and I shall then, without further suspense, know what I have to rely upon. God give you his wisdom and fear to direct you, that yet our poor country may be blessed with peace, love, and in- dustry, and we may once more meet good friends, and live so to the end ; our relation, in the truth, having but the same true interest. " I am, with great truth, and most sincere re- gard, your real Friend, as well as just Proprietor and Governor. " WILLIAM PENN." What reply was made to this letter does not ap- pear; but notwithstanding what might have been thought deficient or amiss, on the proprietary's side, the serious nature of it could not but affect the considerate part of the assembly with more regard for the father of their country, now, in his declining age, and for his difficult situation, oc- casioned originally and principally on account of it ; and consequently in the next annual election of the members of the assembly, in October 1710, an entire new house was elected, of which Richard Hill became speaker. The governor, in his speech to the house, told them, " That he did not doubt it was obvious to every one's understanding, why he could not agree with the last assembly; but, as he took them to have different sentiments, they might promise them- selves, that his ready assent to all bills, drawn up for the public good, would not be wanting; and that, as he had often expressed his resolution of settling among them, he could have no aims, contrary to the interest of the people : that thus a confidence might be established in each other, he hoped they would cheerfully proceed with their bills, and make such provisions for the support of the government as consisted with the character that the province justly bore, in all her majesty's dominions. He concluded with recommending them to dispatch, and cautioning them to avoid the expense of a long sitting; a practice, that some former assemblies, by giving way to, had left a debt upon the country, that, perhaps, they would not very easily discharge." The good understanding which subsisted between the governor and this assembly was productive of much more satisfactory proceedings, and salutary effects, than had been experienced for some years before ; and many laws were mutually agreed on, and passed during the winter. In the summer of the year 1711, Governor Goo- kin, having received an express from England, re- specting the expedition against Canada, convened the assembly, and acquainted them with the prepa- rations of the northern colonies for that end. He recommended them to exert themselves, suit- ably on the occasion, not to be behind their northern neighbours, in answering the queen's expectation, and to enable him to raise and support the quota of men, assigned this province, or else, that, they would make an equivalent ; and he laid before the house certain papers, with the queen's instructions to him, relative to the affair ; which last were as follows : " Anne R. " Trusty and well beloved, we greet you well. Whereas, we have sent our instructions to our go- vernors of New York and New Jersey, and of the Massachusetts Bay and New Hampshire, relating to an expedition, we design to make against the common enemy, the French, inhabiting North America. And whereas, we have directed our said governors, and Francis Nicholson, Esq., to com- municate to you such part of our said instructions, as relates to the province under your command. Our will and pleasure is, that you do, in all things, con- form yourself to the said instructions. And we do hereby command you to be aiding and assisting in carrying on the said expedition : and, in order thereunto, that you do meet our said governors, and the said Francis Nicholson, at such place, and at such time, as they shall, for that purpose, signify unto you ; and that you put in execution such things, as shall then be resolved to be acted and done, on your part; in doing of which, we do expect you to use the utmost vigour and diligence ; and for so doing this shall be your warrant : so we bid you farewell. " Given at our court, at St. James's, the 31st day of February, 1710-11, in the ninth year of our reign. " By her majesty's command, H. ST. JOHN. " To our trusty and well beloved, the governor, or lieutenant-governor, or commander-in-chie^ for the time being, of our province, of Pennsylvania, in America." The congress of governors, or council of war, met accordingly at New London, in Connecticut, where the several quotas, or proportions, expected from each colony, were fixed; but on account of the short space of time, and great distance, Gover- nor Gookin could not attend it, nor properly repre- sent the state and ability of the province ; and the assembly of Pennsylvania thought the colony over- rated : for this province particularly was constantly at a considerable expense, for the preservation of the friendship of the Indians, in such manner, as was very important and interesting to all the neighbour- ing governments, and the general utility; they ne- vertheless voted 2000/., to be raised upon the in- habitants of the province, for the queen's use, by a tax of five-pence half-penny per pound, on estates, and 20s. per head, on single freemen : and a bill for that purpose was passed by the governor. In the assembly, elected October 1711, there was 858 THE HISTORY OF AMERICA. a considerable change of members ; and David Lloyd's name again appears among them; but Richard Hiil was chosen speaker. The governor, in a speech to the house, this win- ter, represented; that the proprietary, in his letters to him, had signified his desire to serve the people of this province, and left it to themselves to think on the means that might best conduce to their own quiet and interest : at the same time, offering his ready concurrence to any thing of that nature, which they should propose, consistent with the honour and interest of the crown, of the proprietary, and of the public welfare ; and recommending to their consi- deration, that, as to himself, he had been above three years engaged in the affairs of the province, and almost so long in it, that what he had received from the public, appeared by the acts of the last assem- bly; and was far short of what the proprietary led him to expect from the people. The house, in answer, thankfully acknowledged the proprietary's kind regard, and desires to serve them, with the governor's offered and ready con- currence to what should contribute to that end. They promised to take care of the governor's sup- port ; and accordingly, afterwards agreed on a pro- vision as was mutually satisfactory. The year 1712 was remarkable for two things, respecting Pennsylvania ; the first was, an agree- ment for the sale of the government of it, and the territories, to Queen Anne, by the proprietary ; the most probable inducements for which have already been alluded to : for though a temporary alteration was made the last year in the assembly's conduct, respecting him, yet it appears he thought it most prudent, in this manner, to extricate himself from the debt and difficulties, in which the province had too much involved him. The second was a failure of his faculties, supposed to be caused by an apo- plexy ; which rendered him incapable of public bu- siness, and consequently disabled him from exe- cuting a surrender of the government, according to agreement. Governor Gookin, in his speech to the assembly, on the 15th of October this year, of which Isaac N orris was speaker, stated, that the proprietary, in a letter to a member of the council, had .sign i lied his intentions of surrendering the government, in a lew months; in consequence of which he had reason to believe, he should not be continued go- vernor under the crown ; he declared his readiness to serve them, during the short time he should pro- bably be in the administration; and he requested them to take effectual measures, to have ready, when called for, the sum granted by the late assembly ; that the debts incurred, on account of the Indian treaties, might be immediately discharged, and that the Indians, then in town, be well satisfied; who had proposed, in behalf of the five nations, to es- tablish a free and open trade between them, for the future. He declared, that, as to himself, he had but a melancholy prospect; that, after all he could hope for, and his administration over, he should find himself a great loser, by coming to Pennsylva- nia ; which, as they probably would be the last as- sembly that he should meet, he recommended to their serious consideration, especially the expense of his return. The house, in answer, acquainted the gover- nor; that, it being inconvenient, at that season, for them to attend in assembly, they intended to adjourn, and appoint a committee, to inspect the public accounts, and to prepare matters for the bet- ter dispatch of business, at their next meeting; and recommending the care of the Indians to the governor and council, according to the law, the house adjourned. In the printed votes of assembly, this year, ap- pears the following account of the wine and rum imported into the province, taken from the naval officer, and laid before the house, on the 6th of Fe- bruary, 1713; which may give some idea of this branch of trade in the province at that time. Wine imported since the 2bth Rum imported, of March, 1711, from the 574 Hhds., place of growth. 360 Tierces, 441 Pipes, 183 Barrels, 13 Hhds., I Kilderkin, 23 Qr. Casks. 200 Gallons, From other places. 1 Pipe, 48 Pipos, 19 Casks, 2 Hhds., y Puncheons, 2 Qr. Casks. 4 Groce Bottles. In the year 1712, John Lowdon, John Miller, Michael Lightfoot, James Starr, Thomas Garnet, and other Friends, or Quakers, settled in New Gar- den, in Chester county. The first of these, John Lowdon, died at Abingdon, Philadelphia county, in 1714. He came from Ireland about the year 1*711, was an eminent preacher among the Quakers, tra- velled much in that service, and was much beloved. In October 1713, Joseph Growdon was speaker of the assembly; and on the 15th of the mouth the governor, in a speech, informed them; that the go- vernment was not yet surrendered; and that, being still invested with the proprietary powers, he was ready to use them for the welfare of the people, in all their reasonable expectations; and that he took this opportunity to give the country his thanks for the care taken for his support, by the last assembly, and hoped its continuance. In October 1714, David Lloyd was again chosen speaker of the assembly; and notwithstanding, in the beginning of their year, they had several ses- sions, yet nothing material was concluded between them and the governor: they, therefore, on the 26th of the first month, adjourned themselves to the latter part of September, 1715; but before that time, early in the spring, the governor summoned them, by the following writ: " Charles Gookin, Esq. lieutenant-governor o* the province of Pennsylvania, &c. To the sheriff Sic. Pennsylvania, ss. " Whereas the assembly of this province, in the month of March last, divers matters of the greatest weight and importance before them, which required to be dispatched for the public good and safety, notwithstanding thought fit, without my consent or approbation, to adjourn themselves to the latter end of their yearly sessions; by which means, the ex- pectations of all good people, who depended on a uitable provision to be then forthwith made, to an- swer the several exigencies of the government, be- came entirely disappointed. The great inconve- niences of which must still continue unremedied until another assembly be chosen, unless they are called together before the time of their said ad- journment. These, therefore, are (by and with the advice of the council) to require and command you, ;hat you forthwith summon all the representatives, chosen in your county for the said assembly, that ,hey meet me at Philadelphia the second day of May next, to proceed to the dispatch of the said affairs, and such other matters as I may have occa- sion to lay before them; and without delay make UNITED STATES. .850 return of this writ into the secretary's office. Given under my hand and lesser seal of the said province, at Philadelphia, the 16th day of April, Anno Do- mini, 1715." The assembly met, in pursuance of this writ, which appears to throw some reflection on the man- ner of their adjournment. Ill humour and alterca- tion, which, during the latter part of the preceding year, had been increasing between the governor and the assembly, appeared now again too much to prevail between the different branches of the legis- lature. The governor addressed the house with a speech, blaming their adjournment to near the end of their year, without his consent; their leaving the great ex- igencies of government unprovided for; their being the cause of so long an obstruction of the admin- istration of justice, with its consequences, by their refusing to accommodate the bills, prepared for that purpose, so that it might be in his power to pass the same ; and their neglect of making provision for his support. The assembly, on their side, threw the blame upon the governor, for his refusing to pass the bills as they had prepared them, to answer the exigencies of the province, and the support of the administration. They, notwithstanding, afterwards so far agreed, that the governor passed a considerable number of laws before the end of the month. In the year 1714, Francis Swain, John Smith, Joseph Pennock, William Pusey, and other Friends, or Quakers, settled at London Grove, in Chester county. The assembly's address to the governor respecting tumults, fyc. in Philadelphia, with his answer An Indian treaty held in Philadelphia in 1715 The assembly's address to George I. The governor dis- agrees with both the council and assembly The assembly's representation to Governor Gookin, con- taining a variety of matters, in 1716- In the summer of the year 1715, there was a complaint made in the house, of frequent tumults being raised in Philadelphia, under the pretence of supporting and abetting one Francis Philips, who had been indicted for high crimes and mis- demeanors ; upon which the assembly presented to the Governor the following address : " To Charles Gookin, Esq., Lieutenant-governor of the province of Pennsylvania, &c. The address of the representatives of the freemen of the said province, in general assembly met, the 10th day of June, 1715. " May it please the Governor, " We were in hopes, that the opening of the courts of justice might have been a means to put a stop to those tumults, which frequently happened in this city, since the beginning of our session, so that our meeting now would have been to crown our labours with a general satisfaction. " But, to our great disappointment, we un- derstand, by credible information, that some of those who occasioned those tumults, in order to annoy their opposite party, are now levelling their malignity against the magistrates of this city and county, and endeavouring to prevail with the go- vernor to be of opinion, that here is no power to bring to trial a certain clergyman, who is charged by indictment, at the king's suit, for committing fornication, against the king's peace, and the law of this province, &c. " We desire the governor to consider, that for- nication, and such like offences, which, in other places, may be of ecclesiastical connusauce, are, by the laws of this province, made triable in the quarter sessions ; and as our laws are, by the royal charter, to be inviolably observed; so the governor and magistrates are bound in duty to cause the same to be put in execution : therefore we are of opinion, that whoever doth, or shall assert, or endeavour to incense, or persuade, the governor, or any other, that the court of quarter sessions, as by law established, hath no cognizance of the said offences, are, and shall be, deemed ene- mies to the governor and government of this province. " And now, may it please the governor to take speedy care, by such ways and means, as may be effectual to discourage and suppress the said tu- mults, and disperse all tumultuous gatherings of people in this city; and more especially those, who shall endeavour to weaken the hands of the magistrates in the discharge of their duty, or shall speak, or act in derogation to their authority, or shall in anywise attempt to screen or rescue the said malefactor from the course of justice. " As we have been, and hope shall be, willing to support the tjovernment, so we are earnestly concerned that the king's subjects may be pro- tected under thy administration ; and for that end we do insist that thou wilt be pleased to cause the laws to be duly put in execution ; and to counte- nance, and not discourage the magistrates and officers, in the discharge of their duties ; that so the people may be reduced to their former obedience, and application for redress elsewhere prevented. " We also desire that persons be commissionated, and courts called for speedy trial of those criminal causes now depending." The governor returned the following answer. " Gentlemen, " The tumults, that have hitherto happened, I have immediately endeavoured to quell, and I hope with good effect; the courts are now opened; the administration of justice is restored; and if any should be so audacious as to oppose the ma- gistrates, they should not want my countenance and assistance to suppress the attempt: I am sorry it should be surmised to the assembly by any, that those who show a malignity to the magistracy could have grounds of hope to prevail with me to favour them ; on the contrary, they shall find (if there be any such) that I shall exert all the authority with which I am invested, to support the proprietary powers of government, and the magistrates, in the execution of the laws, and full discharge of their duty. " The commissions, that are not yet issued, will be forthwith expedited." Joseph Growden was chosen speaker of the as- sembly, elected in October, 1715. At the first meeting of this assembly, in the same month, the governor acquainted them with his intention of re- turning to England in the spring ; on which ac- count he had written to the proprietary for his leave, and to some other persons of note, to procure him the king's licence of absence for twelve months ' this notice he gave them, that they might dispatck such necessary business, while he was with them, as could not be done without a governor present. Queen Anne having died in the last year, this assembly drew up and sent to England, the fol- lowing address to the king, on his accession to the throne. THE HISTORY OF AMERICA. " To George, King of Great Britain, &c. " The humble address of the representatives of the freemen of the province of Pennsylvania, in as- sembly met, the first of the month called May, 1716. " Gracious Sovereign, " Though by divers concurring causes, and par- ticularly the great indisposition of our proprietary and governor-in-chief of this province, we have been hitherto, to our great trouble, prevented the oppor- tunity of expressing to the king our sincere joy, for his happy and peaceable accession to the throne of his ancestors, and thereby securing to all his pro- testant subjects the full enjoyment of their religious and civil rights; yet none could be more sensible of the great blessing, nor express a warmer zeal for his service, in their earliest approaches, than, at all times since, has filled our thankful breasts; and although we had not the desired advantage of ex- pressing these our sentiments, yet we became the easier under that disappointment, by accounting the majority of this province included in that gene- ral application, made by their friends at London, in behalf of the whole community, wherein our thoughts, with their own, were most truly repre- sented. " Such has been the king's goodness, not only ex- pressed in his first generous royal declaration, and repeatedly since from the throne, but more power- fully exerted through a most wise and steady admi- nistration, in pursuing every measure, that might contribute to the safety and happiness of his people ; in making the known laws the invariable rule of his government; in restoring the honour of the British nation abroad; and in procuring for his subjects such advantages, in commerce, as could scarce be hoped for, after they had been so unhappily given away, that even the remotest parts of the king's great dominions feel the benign influences of his paternal affection to the whole, and are laid under doubled obligations to make the utmost returns of gratitude, as well as obedience, for their happiness, under his auspicious reign. " It is, therefore, the more surprising, that there should be any of the British race, within that island, so lost to all sense of their own interest, as well as their engaged duty to a prince of the most conspi- cuous and most consummate virtues, as to express the least uneasy murmurs, much less to rise in an open and unnatural rebellion ; for the suppression of which, by the great wisdom and vigilance of the king and his ministry, and faithfulness of his ser- vants, we do, with hearts full of the sincerest gra- titude and joy, return our most humble acknow- ledgments to the Fountain of infinite goodness and mercy, that has so eminently appeared in the sup- port of the royal throne, established on the lasting foundation of justice, and to the confusion of all the detestable machinations, vainly formed against it. " As for us, our known principles are so essen- tially interwoven with the protestant interest of Great Britain, and our greatest concerns do so entirely depend on the preservation of thy person and royal issue, long to reign over us, that we cannot possibly separate our own welfare from the indispensable duty of showing ourselves with the most hearty affection, thy loyal and most obedien subjects. " That confusion and disappointment may attenc all the wicked devices of thy enemies; that the minds of thy people may be composed, and univer- sally inspired with the same spirit of love and obedi mce, as that, wherewith we now approach thy hrone; and that the watchful providence of Al- mighty God may always attend the king, and con- irm the wisdom and justice of his rightful govern- ment over us, is the most sincere and unfeigned lesire of the king's humble and dutiful subjects. " Signed by order of the House, " JOSEPH GROWDON, Speaker. In October following, Richard Hill was chosen peaker of the new assembly ; during whose sessions not much of public importance, in a legislative ca- >acity, for the benefit of the province, seems to lave been transacted : for the governor, about this ime, appears to have differed, in sentiment, not >nly with the representatives of the people, in his refusing to qualify Quakers for magistrates, and in )ther important affairs, but he also disagreed with he council. He had repeatedly charged the present speaker )f the assembly, who was then also mayor of the ;ity of Philadelphia, and James Logan, the secre- tary of the province, men in high office and trust, with disaffection to the king ; of which they com- plained to the assembly ; but he refused to give either them or the house any satisfaction or proofs for what he had asserted. The assembly, therefore, declared it their opi- nion, that the charge was groundless, and seemed to be intended to render these persons obnoxious to the English government. But these, and some other matters of complaint, more fully appear in the following " representation " which was presented to the governor in the Novem- ber of this year ; and a duplicate of it was sent to Great Britain. '' To Charles Gookin, Esq., Lieutenant-gover- nor of the province of Pennsylvania, &c. " A representation of the freemen of the said province, in general assembly met, the third of the ninth month, 1716. " May it please the Governor, " When our proprietary and governor in chief first obtained a grant of this province from the crown, and a numerous colony of industrious peo- ple settled therein, we are well assured it was his inclination, as well as visible interest, to render them as safe as possible, under his administration. " And, as his religious persuasion, as a dissen- ter from the established church of England, was well known, and therefore those of the same pro- fession made a great part of the first adventurers with him, it cannot be doubted but that he would ever think himself obliged to provide that they should enjoy, in Pennsylvania, at least, equal ease and privileges with any other English subjects of the same rank, in any of the king's dominions. " Accordingly when necessitated to be absent from us, as he has, for the most part been, he took care, from time to time, to appoint such persons, to be his deputies in the government, in whose moderation and tenderness towards his friends, as well as loyalty to the crown, and justice to all its subjects, he believed he might confide. " When the governor, therefore, first brought over the proprietary's commission of deputation for the government, we could not doubt but that, being the proprietary's choice, and acting solely by powers, derived from him, he would steadily pursue the measures, that had generally been taken from our first settlement, and endeavour to make all the subjects of the crown, under the proprietary's go- vernment, equally secure and easy. UNITED STATES. 861 " Oh this expectation, confirmed by the proprie- tary's letters of recommendation, the assemblies, not doubting the governor's good intentions towards them, freely discharged what was incumbent on them, and it is hoped, in no small measure, to the governor's satisfaction. " Nor while the proprietary's health and former abilities happily continued, had the inhabitants much reason to complain> but that the governor made the proprietary's directions from home, as far as they could be obtained, and the advice of those the pro- prietary had instructed here, the rule (in great measure) of his conduct, in what related to the pro- prietary's interest, or government, and to the privi- leges of the people. " But whether it be now owing to the disconti- nuance of those orders and directions, which has fol- lowed on the late great and melancholy change in the proprietary's health, or to some unhappy advice from others, or to any new formed views, we know not; but this house of representatives, soon after their first meeting, finding the governor had, at length, so far lost sight of the obligations he lay under to his principal and constituent, as to enter on measures inconsistent with his interest, and our constitution, and the liberties of the people, we judged it our indispensable duty to apply, to the go- vernor for redress ; who declaring his opinion to be such as would not admit of any, we desired, with due submission, that he would be pleased to suffer the reasons of that opinion to be argued before him ; but finding, to our trouble, that all our endeavours were in vain, we think ourselves obliged, in the dis- charge of the trust reposed in us, fully to represent the fatal consequences, as well as the unreasonableness, of those measures, to the end that a proper relief may be obtained; without which the greater part of the inhabitants of this province must be rendered miserable ; which we humbly offer as follows : " Those who accompanied the proprietary in the settlement of this colony, being chiefly (as has al- ready been observed) of those called Quakers, who, lying under some hardships in their native country, because, for conscience-sake, they could not comply with the laws there, for taking oaths, expected that, by virtue of'the powers of legislation granted by the crown to the proprietary and them, they might, after the hazard and toil of their removal hither, be capable of enjoying the privileges of English sub- jects, without violation of their religious principles. " Accordingly the proprietary and assemblies provided laws, by which those people might be ena- bled to hold any offices (there being but few others at that time to fill them), or to give evidence in any case whatsoever. " Some disputes afterwards arising on this sub- ject, the late queen, by her order in council, dated the 21st of January, 1702, was pleased to extend to this province the affirmation allowed to the Quakers in England, by the seventh and eighth of William III., not only for the purposes intended by that in "England, but also for the qualification of magistrates tfid officers; and the same being from thence ap- \lied to other cases, this order, on the repeal of our rove of, so worthy a gentleman, in commission >ver us ; and hope our behaviour, and that of all the eople of this province, will always be such as may ireserve the good inclinations of the governor to erve the country; an instance whereof we have in the fatiguing journeys he hath taken, in the late lot season, to promote the good of those under his government. ' As the governor was pleased to defer calling us, for the sake of harvest, so we crave leave to ob- serve to him, that seed-time being just at hand, it will ae a great inconveniency to many of the members to stay long at this season, so that we do not undertake, at this sitting, to enter upon an examination of our laws, or any business that will require length of time, but depend upon the governor's resolves and ajood intentions to oblige the people, by concurring with any thing they can reasonably desire for their service. ;< We, on our part, being fully satisfied, in our duty of supporting, as far as in us lies, the dignity and authority of this government, have at this time voted, nemine contradicente, that the sum of 5002 shall be given to the governor, and paid out. of the first public money that shall arise, by any means, in the treasury; and, to make it more certain, are now preparing a bill, which will be offered to the governor, (or augmenting the public stock." To this address the governor made the following reply. " Mr. Speaker, and Gentlemen of the Assembly, " I received a very affectionate address from pur UNITED STATES. 867 house ; for which I heartily thank you ; and the generous acknowledgment, you have been pleased to make of my late endeavours to serve this country, cannot but greatly encourage me diligently to carry on the same public service, in all its parts. " Your dutiful expressions of loyalty and affection to the king and royal family, shall be carefully re- presented by me to his majesty, and his servants, in the ministry ; and while the spirit of unanimity, and so amiable a temper, with respect to govern- ment, is continued and preserved amongst you, I will take upon me to say, that you may be firmly assured of the king's favourable countenance, and gracious condescension, in all our applications to the throne. " Gentlemen, since you have observed to me, that it will be inconvenient for you to enter upon any business now, which may detain you from your urgent affairs, at this time, in the country, I cannot but condescend that you may make such an adjourn- ment, as you think will best suit with the season of the year ; for I shall still have a great regard to the opinion, as well as the advantage and ease, of so good an assembly." The assembly, which was elected in October, 1717, chose William Trent speaker. About which time, the great influx of foreigners, into the pro- vince, created such alarm, that the governor, in his speech to the house, after recommending their re- vising and amending their laws, proposed to their consideration, whether some regulation might not be necessary, in regard to the unlimited numbers of foreigners coming without licence from the king, or leave of the government. On which affair, the assembly, in their reply, likewise expressed their concern ; and desired that the governor would either appoint a committee of the council, to join with one of the assembly, or proceed as he thought best. As the governor had lately written to the secre- tary of state, on the affair, the further consideration of it was, for the present, deferred, in expectation of advice from England. Having been desired by the assembly to give them his assistance, in the revisal of their laws, he willingly complied with their request. In the spring of the year 1718, he proposed to join with the house, in the following address to the king ; which was drawn up by him, and laid before the assembly, for their concurrence ; to which, with some alteration, or amendment, and an exception to the style of it, (not being in the Quaker mode,) they acceded; and it being signed by the governor, and speaker of the assembly, it was accordingly for- warded to Great Britain. " To the King's most excellent Majesty. " The humble address and representation of the governor and general assembly, of your majesty's province of Pennsylvania, met at Philadelphia, the day of May, 1718. " Most gracious Sovereign, " We, your majesty's most dutiful and loyal sub- jects and servants, being filled with a dutiful and just sense of that tender care and concern, which your majesty has, on every occasion, been pleased to express, for the peace and prosperity of all your people, do, with profound humility and submission, presume to address your sacred majesty, in behalf of your majesty's good subjects, the people of this province, whom we have the honour, at this time, to represent, in a legislative capacity. "' May it, therefore, please your majesty to know, that, in the year 1681, this colony was settled by a considerable number of English subjects, called Quakers, under the care, encouragement and di- rection of William Penn, Esq., our proprietary and governor-in-chief. " That the persecution, which, in those days, prevailed against Protestant dissenters, in England, was the principal motive and reason, why the ilrst settlers of this country removed their estates and families hither, where they might quietly and peaceably enjoy that innocent liberty of conscience, which they conceived to be every man's natural right. " That, by the unwearied application, industry and expense of the inhabitants, this colony is now increased to a considerable body of people, whereof the majority continue to remain in the society of Friends, called Quakers. " That, such being the peculiar and distinguish- ing circumstance of this, from any other colony under his majesty's dominions, in America, the offices of government must, of necessity, be supplied, and the powers executed, by those of the Quaker's persuasion, intermixed with suqh others, as are to be found here, in the communion of the Church of England, and good Protestant subjects, well affected to your majesty, and your government. " That the happy influence of your majesty's most equal and Just administration, every where, has perfectly united our hearts and minds to contribute our utmost endeavours, for carrying on the business of the government of this province, in such manner, as may be most agreeable and acceptable to your majesty, and your ministry at home. " That, for this end we have laboured, more ge- nerally of late, to regulate the proceedings in our courts of judicature, as near as possibly could be done, to the constitution and practice of the laws of England. " That, from many years experience, we are not only convinced that the solemn affirmation allowed in Great Britain, to the people called Quakers, doth in all respects, and in every case, here, answer the legal and essential purposes of an oath, but also the growing condition of this colony, which brings great numbers of people yearly from Europe, to reside among us. " The multitude of pirates abroad, and other loose vagrant people, who are daily crowding in, to shel- ter themselves undei the peaceable administration of this government; and the absolute necessity there is to punish such, as shall dare to oppose, and break through the known laws of society and huma- nity, lays us under the greatest obligations, with security to our lives, as well as the just maintenance of your majesty's royal authority over us, not to reject or despise the solemn affirmation, allowed to the Quakers ; without which, we humbly beg leave to assure your majesty, judges, juries, nor evidences, sufficient, could never yet be found here, in the most criminal and notorious cases. " That formerly, it having been found impracti- cable to keep and preserve the public peace, within this government, any other way than by admitting the solemn affirmation, in all cases whatsoever, to have the same force and effect in law as an oath, upon a representation thereof to the board of trade, the late Queen Anne, by an order in council, dated the 21st of January, 1703, was pleased to direct, in the alternative, viz. ' That all persons, acting in any judicial, or other offices, within this province of Pennsylvania, and three lower counties upon Dela- ware, should be obliged to take an oath, or, in lieu 4 E 2 868 THE HISTORY OF AMERICA. thereof, the solemn affirmation allowed in England, to the people called Quakers, and that, in all their public and judicial proceedings, the said judges and officers shall be obliged to administer the oaths ap- pointed by law, or the said attestation.' " That the Quakers, in general, having approved themselves to be an industrious and quiet people, most heartily attached to your majesty's royal per- son and government, your loyal subjects of that persuasion, in this province, do humbly hope that your majesty will vouchsafe to indulge their tender consciences, in the case of oaths, with the same free- dom that has been granted to them by your royal predecessors, and thereby we shall be effectually enabled to perform our respective duties, in pre- serving your majesty's peace, within the jurisdic- tion of this province, and to enforce the just regard and obedience, due unto your royal authority, as becomes, may it please your majesty, your majes- ty's most loyal, most faithful, and most obedient subjects and servants." This affair of the " solemn affirmation of the Quakers," appears not to have been finally settled, or fixed to the satisfaction of the province, and ac- cording to that right, which the inhabitants thought themselves justly entitled to, until the year 1725. At the conclusion of this session, near the ap- proach of harvest, the Governor Keith, in his speech, highly complimented the assembly, on ac- count of the valuable and wholesome laws, which (he says) " were composed with so much care, by your diligent application, and the great temper and perfect unanimity wherewith the public affairs had been carried on, through all the parts of the admi- nistration of the government, for the last twelve months; and which must, by that time, have con- vinced all reasonable men among them, of the many and great advantages that such a harmony secures to the commonwealth." On the 30th of July, 1718, at Rushcomb, near Twyford, in Buckinghamshire, in England, ,died the truly honourable proprietary and founder of the province of Pennsylvania, William Penn,aged about 74 years. He had, in the year 1712, as before-men- tioned, been seized with some fits of an apoplectic kind ; which, for the last six years of his life, had so affected his faculties, especially his memory, as to render him, in great measure, incapable of pub- lic business ; which, with the gradual decline of his strength of body, continued to increase till the close of his life. Notwithstanding this affliction, he is said to have been often sensible and intelligent; and, by his behaviour and expressions, manifested that he retained, till his death, the happy enjoyment of that divine and mental felicity which resulted from the nature of his religion, and manner of life. Much of his character may be seen in the prece- ding^ history ; and he is represented by those who had the best opportunity of being acquainted with his true character and real merit, to have been- a man of great penetration and foresight ; and a sincere lover of truth. He possessed great natural abilities and considerable acquirements ; which he ever ren- dered subservient to the great interests of religion and virtue. His manners were gentle and en- gaging, and his powers of pleasing considerable. He may be considered as one of the" most power- ful instruments, in removing much of that supersti- tious bigotry and ignorance which, for ages, had overspread, and, even till his time, remained, in a very remarkable manner, to darken the minds of all ranks of people ; and was one of the first to in- troduce, in their stead, especially among the higher class of men, a more liberal and rational way of thinking on religious subjects. Actuated by the same principles, and induced by the*same 'motives of universal benevolence and im- piovement; he, in the much admired effects of his civil polity and government, eminently exemplified to the world, by what means war, violence, and in- justice may be made to give way to peace, and Christian equity and beneficence. His printed works exhibit his manner of writing, and the nature of his compositions. His style is easy and agreeable, yet strong and nervous; with- out affectation, and not laboured with that tedious formality of expression, which, about his time, was so much the mode. His periods are generally short, yet full and flowing, and he insensibly gains upon his reader, by the simplicity of his expression, and the force of his reasoning. Persons have not been wanting who have been disposed to censure him, on account of the con- duct of some of his lieutenant-governors; and to charge him with withholding many advantages, which they apprehend were in his power to have granted the province. But before these accusations are received, a due consideration should be made of his restricted means, and of the smallness of his for- tune. When these are fully considered; when it is recollected that he impaired his private property, devoted his time, and all his energies to the pro- vince, and to the sect he so dearly loved; and when all the difficulties he had to contend with, of a poli- tical, religious, and private nature, are fully con- templated, he must stand forth as one of those ele- vated characters whose lives are a blessing to man- kind.. Perm's will State of his agreement with Queen Anne, for the sale of the government, Sfc. Governor and assembly's conduct, on hearing of the proprietor'* decease Claims of the late proprietor's family* Conduct of the governor and assembly, respecting said claim The Indians of Pennsylvania attacked by some foteign Indians Proceedings of the go- vernor and assembly Governor Keith, with the a$- sembly's consent, establishes a court of chancery, Sfc. The governor endeavours to prevent ill conse- quences among the Indians A treaty with the In- dians at Connestogo. (1718.) The late proprietary left his estate in En- gland and Ireland, amounting to the yearly value of 1500J. sterling, and upwards, to William Penn. his eldest surviving son and heir, by Gulielma Maria, his first wife, and to the issue of that mar riage ; which, at the time of making his last will, in 1712, besides his said son William Penn, and his daughter Laetitia, appears to have consisted of three grand-children, Gulielma Maria, Springett and William, the children of his son William. He could, therefore, make no provision, out of the said estate, for the payment of his debts, which were very con- siderable ; nor for his widow, (his second wife,) and his offspring by her; who were named, John, Thomas, Margaret, Richard, and Dennis, and were all minors. His estate in Europe, at this time, was esteemed of more value than all his property in America, especially under its then encumbrance of the mort- gage of 1708. He disposed of the latter in the following manner: " My eldest son being well provided for by a set- tlement of his mother's, and my father's estate, I UNITED STATES 869 give and devise the rest of my estate, in manner following. The government of my province of Penn- sylvania and territories thereunto belonging, and powers relating thereunto, I give and devise to the most honourable, the earl of Oxford, and Earl Mor- timer, and to William, Earl Powlett, so called, and their heirs, upon trust, to dispose thereof to the Queen, or any other person, to the best advantage they can, to be applied, in such manner as I shall hereafter direct. I give and devise to my dear wife, Hannah Penn, and her father Thomas Callowhill, and to my good friends, Margaret Lowther, my dear sister, and to Gilbert Heathcote, physician, Samuel Waldenfield, John Field, and Henry Gouldney, all living in England, and to my friends, Samuel Carpenter, Richard Hill, Isaac Norris, Samuel Preston, and James Logan, living in, or near Penn- sylvania, and to their heirs, all my lands, tene- ments and hereditaments, whatsoever rents, and other profits, situate, lying and being in Pennsyl- vania, and the territories thereunto belonging, or elsewhere in America, upon trust, that they shall sell, and dispose of, so much thereof, as shall be sufficient to pay all my just debts, and from and after payment thereof, shall convey to each of the three children of my son, William Penn, Gulielraa Maria, Springett and William, respectively, and to their respective heirs, 10,000 acres of land, in some proper and beneficial place, to be set out by my trustees aforesaid. All the rest of my lands and hereditaments whatsoever, situate, lying, or being in America, I will, that my said trustees shall con- vey to, and amongst my children, which I have by my present wife, in such proportion, and for such estates as my said wife shall think fit ; but before such conveyance shall be made to my children, I will, that my said trustees shall convey to my daughter Aubrey, whom I omitted to name before, 10,000 acres of my said lands, in such places, as my said trustees shall think fit. All my personal estate, in Pennsylvania, and elsewhere, and arrears of rent due there, I give to my said dear wife, whom I make my sole executrix, for the equal benefit of her, and her children." The following is a codicil to his will, in his own hand writing. " Postscript, in my own hand, as a further testimony of my love to my dear wife, I, of my own mind, give unto her, out of the rents of America, viz. Pennsylvania, 300/. a year, for her natural life ; and for her care and charge over my children, in their education ; of which she knows my mind ; as also, that I desire they may settle, at least, in good part, in America. wher I leave them so good an interest, to be for their inheritance from generation to generation ; which the Lord preserve and prosper, Amen." Penn, about the time of making his will, had of- fered the government of Pennsylvania for sale to Queen Anne ; with whom afterwards an agreement was actually made, for disposing of it, for 12,OOOZ. ; of which sum, on the 9th of September, 1712, or soon after, he received 1000/. But after this, and before a surrender of the government was effected, he was, hy sickness, rendered incapable of execu- ting the agreement; so that the government, at the time of his decease, still remained to be vested in the aforesaid earls, in trust, by virtue of his will. But it appears, that upon his eldest son, and heir at law, William Penn, claiming the government of the province, after his father's death; the question arose, whether, what was devised to the said earls, to be sold, should be accounted part of the real, or personal," estate of the testator ; the earls, therefore, declined to act, in their trust, without the decree of the court of chancery, for their indemnity ; which decree, the lords commissioners, of the treasury de- clared, was absolutely necessary, before the residue of the said 12,000/. could be paid to the executrix Hannah Penn. The news of the long-expected death of the pro- prietary appears not to have reached Pennsylvania till after the election, and first sitting of the assem- bly, in October 1718; of which assembly Jonathan Dickinson was chosen speaker. Governor Keith, on his being presented to him, made the following speech : " Mr. Speaker, " The modesty and candour of your deportment, for many years, in public business, has at this time, in the two most eminent stations, justly determined the choice both of the city and country in general, and this flourishing city, in particular, upon you, sir. " And, from this beginning, I promise myself, that, by your prudent example -and conduct, they will at last be persuaded heartily to unite, in all such matters as .plainly tend to the honour and ad- vantage of the province," &c. When the account arrived of the death of Penn, though it was provided by a law of the province, that, on the death of the proprietary, the lieutenant- governor, for the time being, should continue the government as usual, till further order, from the king, or from the heirs of the said proprietary, or governor-in-chief ; yet Sir William Keith immedi- ately thereupon, not only consulted the council, but also laid the minute of the council thereon before the assembly at their next meeting, in December, re- questing their sentiments on the same. The house, after mentioning their deep sorrow at the proprie- tary's death, highly approved of both the council's advice, and the governor's conduct in the affair, and begged him to continue his authority. It was before stated, that notwithstanding the plain terms of the late proprietary's last will, his eldest son, or heir at law, William Penn, after his father's decease, laid claim to the government of the province; which claim was continued by his eldest son, Springett, after the death of his father; who is said to have died at Liege, about the year 1720. The conduct of Governor Keith, and the pro- vincial assembly, respecting this claim, appears by the speech of the former to the house, in May 1719, with their answer, as follows : ' Gentlemen of the Council, Mr. Speaker, and Gentlemen of the Assembly, " According to my promise, I have called you together, in order to acquaint you, that I lately re- ceived a commission from the honourable William Peun, Esq., as our governor-in-chief, with instruc- tions to publish his accession to the government, by advice of the council, in the most solemn manner; which said commission and instructions, with the minute of council thereupon, I have ordered to be laid before you. ;< Since that I have seen the probate of the late proprietary's last will and testament, in the hands of Mr. Secretary Logan, whereby the powers of government over this province seem to be de- vised in trust, after a peculiar manner ; and I am told these differences are not likely to be speedily adjusted. " Gentlemen, my duty to the crown unquestiona- THE HISTORY OF AMERICA. bly obliges me, while in this station, at all times to use my utmost diligence, in preserving the good order and peace of the government, and to keep the king's subjects of this colony firm in their alle- giance, and dutiful obedience to his most excellent majesty, and our sovereign lord, King George; to the end, therefore, that this may be done, with the greatest cheerfulness and unanimity, and likewise that all due respect might be paid to Mr. Penn, and every other branch of the late proprietary's family, I must desire that you will assist me with your opi- nions and advice ; which, I doubt not, will have the same weight with all parties concerned in Britain, as you may be assured it will ever have with me. " I have received a message from the Indian chiefs of Conestogoe, by a letter to Mr. Secretary Logan ; which informs us, that our Indian hunters had been attacked, near the head of Potowmack ri- ver, by a considerable body of southern Indians, come out to war with the five nations, and the In- dian settlements of Susquehanna. They have killed several of our people, and alarmed them all ; so that the careful attention and vigilance of this govern- ment was never more called upon than at this junc- ture ; and much will depend upon your unanimous and speedy resolutions to support the administration in all its parts." To this the assembly returned the following an- swer: " To the honourable William Keith, Esq., Lieute- nant-governor of the province of Pennsylvania, &c. " The address of the representatives of the free- men of the said province, in assembly met, in an- swer to his speech of the 7th instant. " May it please the Governor, " The memory of the honourable William Penn, our late proprietary and governor-in-chief, being dear to us, we cannot but have a just and due re- gard to his family, and should account it our happi- ness to be govsrned by a branch thereof, under the most auspicious reign of our royal sovereign, King George. " And since the governor has been pleased to shew so great a regard to the advice of the repre- sentative body of the freemen of this province, as to consult them in a matter which so highly concerns them, we must acknowledge is a great condescen- sion, and an additional instance of his known af- fection to this colony, with kind inclinations to preserve the public peace and weal of this govern- ment " The contents of those instruments and writings, which the governor was pleased to lay before this house, brought us under a very deep concern, how to assist him with advice, suitable to the present emergency; for we find the first part of the proprie- tary's will seems to vest a trust in the noble lords there named, in order to accomplish the treaty of surrender of this government to the crown, which was begun by our late proprietary. " And though that trust may occasion various opinions in law and equity, yet that does not so much affect us as the want of ascertaining the terms, which we have been always given to expect would accompany the surrender, in favour of the people called Quakers, who embarked with the said pro- prietary, in the laudable design of this considerable addition of the British empire; and, therefore, think it our duty, at this juncture, to claim those rights and favours, which have been promised us. " The governor well knows that the present ad- ministration of this government, since the proprie- tary's decease, is supported by a law, confirmed by her late majesty, Queen Anne ; and by virtue thereof is to continue till further order from the king, or the heirs of the said late proprietary and governor ; and notwithstanding the great regard the governor has to the commission sent him by the said proprie- tary's heir at law, yet since that heir seems not, by the aforesaid will, invested with the powers of go- vernment ; but the devise thereof, made to the said lords, being allowed by his own council to be good; and since it doth not appear that commission is at- tended with the necessary requisites, directed by acts of parliament, for qualifications of persons con- cerned in such stations, and security of plantation- trade, we conceive it will contribute to the peace of this government, and be safe for the governor, that he, for the present, forbear to publish the said com- mission ; and hope there will be no just occasion given, if the governor should wave superseding the powers given him by the said heir at law, until he receive the pleasure of the said trustees, or has the lord chancellor's decree for his direction ; the rather, because we understand that an amicable suit is depending in chancery betwixt the executrix, and heir at law, in order to settle both their claims to this government. We heartily join with the governor in his good resolutions, to preserve the good order and peace of the government, and loy- alty of his majesty's subjects, in this colony. " As touching the attack lately made upon our neighbouring Indians, we hope the governor hath already taken proper measures in that affair, to- wards quieting their minds, and will use his utmost endeavours to prevent such incursions upon them, for the future, by due representations to the neigh- bouring governments, and persuasions to our Indi- ans, not to give further provocations, but that they will fall in with more peaceable inclinations; as the same will contribute to their ease and safety, and obtain the friendship and protection of this go- vernment ; and this house gives the governor assu- rance, that the necessary charges thereof shall be provided for; and that it is their full purpose to support the administration, to the best of their power. Signed, by order of the house, JONATHAN DICKINSON, Speaker,?' The affair of the government appears to have been subsequently settled in favour of the younger branch of the family : the different parties, in the meantime, mutually agreeing to unite in the ne cessary appointments and management of the go- vernment of the province, till the chancery suit should be determined: so that not only the province itself, which was vested for the use of the younger children by him; but also the government of it afterwards descended to John, Thomas, and Richard Penn, the surviving sons of the younger branch of the family ; who were thenceforward the proprietaries. In October 1719, William Trent, being chosen speaker of the new assembly, the governor pre- sented them with the royal assent to a very import- ant law to the province, which had been passed by him in May 1711, entitled, " An act for the ad- vancement of justice, and more certain administra- tion thereof." The success of which he assured them was chiefly owing to the good correspondence that had hitherto subsisted between him and the representatives of the people. To which the house, in reply, expressed their lasting obligations to the governor, for his extraordinary diligence, in so speedily getting the royal approbation to the said law, and for his care and services on other occasions. UNITED STATES 871 In the spring of the year 1720, the governor made the following proposal to the assembly : " Upon some representations, that have been made to me, that a court of equity, or chancery, was very much wanted in this government, I thought proper to consult the opinions of gentlemen learned in the law, and others of good judgment ; who all agree, that neither we, or the representative body of any of his majesty's colonies, are invested with sufficient powers to erect such a court, or that the office of chancellor can be lawfully executed by any person whatsoever, except him, who, by virtue of the great seal of England, may be understood to aet as the king's representative, in the place ; but the opinion of your house, of what may be with safety done, for your country's service, in this case, shall principally direct my conduct." The assembly agreed to the necessity of such a court ; only, in their address, they requested, that such members of the council, as had heard the same cause, in any inferior court, might be exempt from being assistants in the said court. And from this compliance a court of chancery was established in Pennsylvania, by the following proclamation. " By Sir William Keith, Bart., Governor of the province of Pennsylvania, and the counties of New- castle, Kent, arid Sussex, upon Delaware. " A Proclamation : " Whereas complaint has been made, That, courts of chancery, or equity, though absolutely necessary, in the administration of justice, for mitigating, in some cases, the rigour of the laws, whose judgments are tied down to fixed and unalterable rules, and for opening a way to the right and equity of a cause, for which the law cannot, in all cases, make a sufficient provision, have, notwithstanding, been too seldom regularly held, in this province, in such manner as the aggrieved subjects might obtain the relief, which by such courts ought to be granted. And whereas, the representatives of the freemen of this province, taking the same into consideration, did, at their last meeting in assembly, request me, that I would, with the assistance of the council, open and hold such a court of equity, for this pro- vince : to the end, therefore, that his majesty's good subjects may no longer labour under these incon- veniences, which are now complained of, I have thought fit, by and with the advice of the council, hereby to publish and declare, that with their as- sistance, I propose (God willing) to open and hold a court, of chancery, or equity, for the province of Pennsylvania, at the court-house of : Philadelphia, on Thursday, the 25th day of this instant, August ; from which date the said court will be, and remain, always open for the relief of the subject, to hear and determine all such matters, arising within this pro- vince aforesaid, as are regularly cognizable before any court of chancery, according to the laws and constitution of that part of Great Britain, called England ; and his majesty's judges of his supreme courts, and all other, whom it may concern, are re- quired to take notice hereof, and to govern them- selves accordingly. " Given at Philadelphia, the tenth day of August, in the seventh year of the reign of our Sovereign Lord, George, king of Great Britain, France, and Ireland, defenderof the faith, annoque Domini 1720. " WILLIAM KEITH." (1721.) Of the assembly, which was elected in October, this year, Isaac Norris was speaker ; and the usual good understanding appears to have continued Detween the different branches of the legislature. It will have been observed, from what passed be- tween the governor and the assembly, in the begin- ning of the year 1719, that the disagreement which happened about that time, between the southern Indians, and those of Pennsylvania and more north- ward, demanded the attention of the government; and consequently the governor, in the spring of this year, 1721, made a journey into Virginia, on this account; and also held a treaty, in Penn- sylvania, with the Indians of different nations, after his return : of which the following is an extract, from the printed account of it, published at that time in Philadelphia. " The particulars of an Indian treaty, at Conestogoe, between his Excel- lency Sir William Keith, Bart., governor of Penn- sylvania, and the deputies of the Five Nations. " The Indian village of Conestogoe lies about 70 miles distant, almost directly west of the city ; and the land thereabouts being exceeding rich, it is now surrounded with divers fine plantations, or farms; where they raise quantities of wheat, barley, flax and hemp, without the help of any dung. " The company, who attended the governor, con- sisted of between 70 and 80 horsemen ; many of them well armed ; and, at his return from Cones- togoe, he was waited upon, at the upper ferry of Sculkil river, by the mayor and aldermen of this city, with about 200 horse. " On the 5th of July, the governor arrived at Conestogoe, about noon ; and in the evening, went to Captain Civility's cabbin; where four deputies of the Five Nations, and a few more of their people, came to see the governor ; who spoke to them by an interpreter, to the following purpose, viz. " That this being the first time that the Five Nations had thought fit to send any of their chiefs to visit him, he had come a great way from home to bid them welcome ; that he hoped to be better acquainted, and hold a further discourse with them, before he left the place. " They answered, That they were come a long way, on "purpose to see the governor, and to speak with him ; that they had heard much of him, and would have come here before now ; but that the faults, or mistakes, committed by some, of their young men, had made them ashamed to show their faces ; but now, that they had seen the governor's face, they were well satisfied with their journey, whether any thing else was done, or not. " The governor told them, That to-morrow morn- ing he designed to speak a few words to his brothers and children, the Indians of Conestogoe, and their friends, upon Susquehanna ; and desired that the deputies of the Five Nations might be present, in council, to hear what is said to them. " Conestogoe, July 6th, 1721. " Present, Sir William Keith, Bart, governor. Richard Hill, Jonathan Dickinson, Caleb Pusey, and Colonel John French, Esqrs., James Logan, Esq. secretary. " The governor spoke to the Conestogoe Indian?, as follows, viz. " My Brothers and Children, " So soon as you sent me word, that your near friends and relations, the chiefs of the Five Na- tions, were come to visit you, I made haste, and am come to see both you and them, and to assure all the Indians of the continuance of my love to them. " Your old acquaintance and true friend, the great William Penn, was a wise man ; and, there- fore, he did not approve of wars among the Indians 572 THE HISTORY OF AMERICA. whuin he loved ; because it wasted and destroyed their people ; but always recommended peace to the Indians, as the surest way to make them rich and strong, by increasing their numbers. " Some of you can very well remember since William Penn, and his friends, came first to settle among you, in this country : it is but a few years, and like as yesterday, to an old man ; nevertheless, by following that great man's peaceable counsels, this government is now become wealthy and power- ful, in great numbers of people. And though many of our inhabitants are not accustomed to war, and dislike the practice of men killing one another ; yet you cannot but know, I am able to bring seve- ral thousands into the field, well armed, to defend both your people and ours, from being hurt by any enemy, that durst attempt to invade us. " However, we do not forget that William Penn often told us, that the experience of old age, which is true wisdom, advises peace ; and I say to you, that the wisest man is also the bravest man : for he safely depends on his wisdom ; and there is no true courage without it. " I have so great a love for you, my dear bro- thers, who live under the protection of this govern- ment, that I cannot suffer you to be hurt, no more than I would my own children. I am but just now returned from Virginia ; where I wearied myself in a long journey, both by land and water, only to make peace for you, my children, that you may safely hunt in the woods, without danger, from Virginia, and the many Indian Nations, that are at peace with that, government. But the governor of Virginia expects, that you will not hunt within the great mountains, on the other side of Potowmack river; being a small tract of land, which he keeps for the Virginia Indians, to hunt in : and ke pro- mises that his Indians shall not come any more on this side Potowmack, or behind the great mountains this way, to disturb your hunting. And this is the condition I have made for you ; which I expect you will firmly keep, and not break it on any conside- ration whatsoever. " I desire that what I have now said to you may be interpreted to the chiefs of the Five Nations present : for as you are a part of them, they are, in like manner, one with us, as you yourselves are; and, therefore, our counsels must agree, and be made known to one another : for our hearts should be open, that we may perfectly see into one an- other's breasts. And that your friends may speak to me freely, tell them I am willing to forget the mistakes, which some of their young men were guilty of, amongst our people. I hope they will grow wiser with age. and hearken to the grave counsels of their old men ; whose valour we esteem, because they are wise ; but the rashness of their young men is alto- gether folly." " At a council held at Conestogoe, July 7th, 1721. " Present, Sir William Keith, Bart. Governor. Richard Hill, Jonathan Dickinson, Caleb Pusey, and Colonel John French, Esqrs., James Logan, secretary, with divers gentlemen. " Sinnekae's Nation. Ghesaont, Awennoot. " Onondagoe's Nation. Tannawree, Skeetowass. " Cayoogoe's Nation. Sahoode, Tchehughque. " Smith, the Ganawese Indian, interpreter from the Mingoe language to the Delaware. " John Cartlidge, Esq. and Mr. James le Tort, interpreters from the Delaware into English. " Ghesaont, in the name, and on the behalf of all the Five Nations, delivered himself, in speaking to the governor, as follows : " They were glad to see the governor, and his council at this place ; for they had heard much of the governor in their towns, before they came from home ; and now they find him to be what they had then heard of him, viz. their friend and brother, and the same as if William Penn were still amongst them. " They assure the governor and council, that they had not forgot William Penn's treaties with them ; and that his advice to them was still fresh in their memories. " Though they cannot write, yet they retain every thing, said in their councils, with all the nations they treat with ; and preserve it as carefully in their memories, as if it was committed in our method to writing. " They complain that our traders, carrying goods and liquors up Susquehanna river, sometimes meet with their young people going out to war, and treat them unkindly, not only refusing to give them a dram of their liquor, but use them with ill language, and call them dogs, c. " They take this unkindly ; because dogs have no sense, or understanding : whereas they are men, and think that their brothers should not compare them to such creatures. " That some of our traders calling their young men by these names, the young men answered; ' If they were dogs, they might act as such ;' where* upon they seized a cag of liquor, arid ran away with it." This seems to be told in their artful way, to ex- cuse some small robberies, that had been committed by their young people. Then laying down a belt of wampum upon the table, he proceeded and said, " That all their disorders arose from the use of rum, and strong spirits ; which took away their sense and memory ; that they had no such liquors among themselves ; but were hurt with what we furnished them ; and therefore desired ttfat no more of that sort might be sent among them." He produced a bundle of dressed skins and said, " That the Five Nations faithfully remember all their ancient treaties ; and now desire that the chain of friendship, between them and us, may be made so strong, as that none of the links can ever be broken." Presents another bundle of raw skins, and ob serves, " That a chain may contract rust with lying, and become weaker ; wherefore, he desires it may now be so well cleaned, as to remain brighter and stronger, than ever it was before." Presents another parcel of skins and says, " That, as in the firmament, all clouds and dark- ness are removed from the face of the sun, so they desire that all the misunderstandings may be fully done away ; so that when they, who are now here, shall be dead and gone, their whole people, with their children and posterity, may enjoy the clear sun-shine of friendship with us for ever ; without any thing to interpose, or obscure it." Presents another bundle of skins, and says, " That, looking upon the governor, as if William Penn was present, they desire, that, in case any dis- orders should hereafter happen between their young people and ours, we would not be too hasty in re- senting any such accident, until their council and UMTED STATES. 87S ours can have some opportunity to treatamicably upon ** ; and so to adjust all matters, as that the friend- ship between us may still be inviolably preserved. " Presents a small parcel of dressed skins, and desires, " That we may now be together as one people ; treating one another's children kindly and affection- ately, on all occasions. " He proceeds and says, " That they consider themselves, in this treaty, as the full plenipotentiaries and representatives of the Five Nations ; and they look upon the gover- nor, as the great king of England's representative : an;l, therefore, they expect that every thing now stipulated will be made absolutely firm and good, on both sides. " Presents a bundle of bear-skins, and says, " That having now made a firm league with us, as becomes our brothers, they complain that they get too little for their skins and furs, so as they cannot live by their hunting; they desire us, therefore, to take compassion on them, and contrive some way to help them, in that particular. " Presenting a few furs, he speaks only as from himself, to acquaint the governor, i! Thai the Five Nations having heard that the governor of Virginia wanted to speak with them, he himself, with some of his company, intended to proceed to Virginia, but do not know the way how to get safe thither. " On the 8th of July, the governor and his coun- cil, at the house of John Cartlidge, Esq., near Co- nestogoe, having advised upon, and prepared a pro- per present, in return for that of the Indians, and in confirmation of his speech, according to custom, in such cases, which consisted of a quantity of strowd match-coats, gunpowder, lead, biscuit, pipes and to- bacco, adjourned to Conestogoe the place of treaty." " At a council, held at Conestogoe, July 8th, 1721. P. M. " Present, the same as before ; with divers gen- tlemen attending the governor, and the chiefs of the Five Nations ; being all seated in council, and the presents laid down before the Indians, the governor spoke to them, by an interpreter, in these words : " My Friends and Brothers, " It is a gr^at satisfaction to me, that I have this opportunity of speaking to the valiant and wise Five Nations of Indians, whom you tell me, you are fully empowered to represent. " I treat you, therefore, as if all these nations were here present; and you are to understand, what I now say, to be agreeable to the mind of our great Monarch, George, the king of England, who bends his care to establish peace amongst all the mighty nations of Europe ; unto whom all the people, in these parts, are, as it were, but like one drop, out of a bucket, so that what is now transacted between us, must be laid up, as the words of the whole body of your people and our people, to be kept in perpetual remembrance. " I am also glad to find that you remember what William Penn formerly said to you. He was a great and a good man : his own people loved him ; he loved the Indians, and they also loved him. .He was as their father ; he would never suffer them to be wronged ; neither would he let his people enter upon any lands, until he had first purchased them of the Indians. He was just, and therefore the In- dians loved him. " Though he is now removed from us ; yet his children and people, following his example, will always take the same measures ; so that his and our posterity will be as a long chain, of which he was the first link; and when one link ends, another succeeds, and then another; being all firmly bound together in one strong chain, to endure for ever. " He formerly knit the chain of friendship with you, as the chief of all the Indians, in these parts; and lest this chain should grow rusty, you now desire it may be scoured, and made strong, to bind us, as one people, together. We do assure you, it is, and has always been, bright on our side ; and so we will ever keep it. " As to your complaint of our traders, that they have treated some of your young men unkindly, I take that to be said only by way of excuse for the follies of your people, thereby endeavouring to per- suade me, that they were provoked to do what you very well know they did; but, as I told our own Indians, two days ago, I am willing to pass by all these things ; you may therefore be assured, that our people shall not offer any injury to yours ; or, if I know that they do, they shall be severely pu- nished for it. So you must, in like manner, strictly command your young men, that they do not offer any injury to ours. For when they pass through the utmost skirts of our inhabitants, where there are no people yet settled, but a few traders, they should be more careful of them, as having separated themselves from the body of their friends, purely to serve the Indians more commodiously with what they want. " Nevertheless, if any little disorders should at any time hereafter arise, we will endeavour that it shall not break, or weaken the chain of friendship between us : to which end, if any of your people take offence, you must, in that case, apply to me, or to our chiefs. And when we have any cause to complain, we shall, as you desire, apply to your chiefs, by our friends, the Conestogoe Indians; but, on both sides, we must labour to prevent every thing of this kind as much as we can. " You complain that our traders come into the path of your young men, going out to war, and thereby occasion disorders among them : I will, therefore, nay friends and brothers, speak very plainly to you on this head. " Your young men come down Susquehanna river, and take their road through our Indian towns and settlements, and make a path between us and the people, against whom they go out to war. Now, you must know, that the path this way leads them only to the Indians, who are in alliance with the English; and first to those who are in a strict league of friendship with the gover- nor of Virginia; just as these, our friends arid children, who are settled among us, are in league with me and our people. " You cannot, therefore, make war upon the In- dians, in league with Virginia, without weakening the chain with the English: for, as yve would not suffer these, our friends and brothers of Conestogoe, and upon the river, to be hurt by any persons, without considering it as done to ourselves; so the governor of Virginia looks upon the injuries done to his Indian brothers and friends as if they were done to himself. And you very well know, that though you are five different nations, yet you are but one people ; so as that any wrong done to one nation is received as an injury done you all. " In the same manner, and much more so, it is with the English, who are all united under on<; great king, who has more people, in that one town, 874 THE HISTORY OF AMERICA. where he lives, than all the Indians in North Ame- rica, put together. " You are in league with New York, as your ancient friends, and nearest neighbours ; and you are in league with us, by treaties often repeated, and by a chain which you have now brightened. As, therefore, all the English are but one people, you are ac'trially in league with all the English go- vernments, and must equally preserve the peace with all, as with one government. " You pleased me very much, when you told me that you were going to treat with the governor of Virginia. Your nations formerly entered into a very firm league with that government ; and, if you have suffered that chain to grow rusty, it is time to scour it; and the Five Nations have done very wisely to send you there for that purpose. " 1 do assure you the governor of Virginia is a great and a good man; he loves the Indians, as his children, and so protects and defends them ; for he is very strong, having many thousand Christian warriors under his command ; whereby he is able to assist all those who ave in any league of friendship with him. Hasten, therefore, my friends, to brighten and strengthen the chain with that great man ; for he desires it, and will receive you kindly. He is my great and good friend; I have been lately with him; and since you say you are strangers, I will give you a letter to him, to inform him of what we have done, and of the good design of your visit to him and this country. " My friends and brothers, I told you two days ago, that we must open our breasts to each other; I shall, therefore, like your true friend, open mine yet further to you, for your good. " You see that the English, from a very small people, at first, in these parts, are, by peace amongst themselves, become a very great people amongst you, far exceeding the number of all the Indians we know of. " But while we are at peace, the Indians con- tinue to make war upon one another; and destroy each other, as if they intended that none of their people should be left alive; by which means you are, from a great people, become a very small peo- ple ; and yet you will go on to destroy yourselves. " The Indians of the south, though they speak a different language, yet they are the same peo pie, and inhabit the same land, with those of the north. We therefore cannot but wonder how you, that are a wise people, should take delight in putting an end to your race: the English, being your true friends, labour to prevent this. We would have you strong, as a part of ourselves: for, as our strength is your strength, so we would have yours to be as our own. " I have persuaded all my brethren, in these parts, to consider what is for their good ; and not to go out any more to war; but your young men, as they come this way, endeavour to force them And because they incline to follow the counsels of peace, and the good advice of their true friends, your people use them ill, and often prevail with them to go out, to their own destruction. Thus it was, that their town ofConestogoe lost their good king not long ago; and thus many have been lost. Their young children are left without parents; their wives without husbands ; the old men, contrary to the course of nature, mourn the death of their young; the people decay, and grow weak ; we lose our deai friends, and are afflicted. And this is chiefly owing fco your young men. " Surely, you cannot propose to get either riche*, )r possessions, by going thus out to war: for when 'ou kill a deer you have the flesh to eat, and the kin to sell; but when you return from war, you >ring nothing home but the scalp of a dead man; who, perhaps, was husband to a kind wife, and ather to tender children, who never wronged you; hough, by losing him, you have robbed them of heir help and protection; and, at the same time, jot nothing by it. " If I were not your friend, I would not take Ihe rouble of saying all these things to you; which I desire may be fully related to all your people, when r ou return home, that they may consider in time what is for their own good. And, after this, if any will be so madly deaf and blind, as neither to hear nor see the danger before them, but will go out to destroy, and be destroyed, for nothing, I must de- sire that such foolish young men would take another )ath, and not pass this way, amongst our people, vhose eyes I have opened; and they haVe wisely learkened to my advice. So that I must tell you plainly, as I am their best friend, and this govern- ment is their protector, and as a father to them, we will not suffer them any more to go out, as they lave done, to their destruction. I say again we will not suffer it; for we have ihe counsel of wis- dom amongst us, and know what is for their good. For though they are weak, yet they are our bre- thren ; we will therefore take care of them, that they be not misled with ill counsel. You mourn when you lose a brother; we mourn when any of them are lost; to prevent which they shall not be suffered to go out, as they have done, to be de- stroyed by war. ' My good friends and brothers, I give you the same council, and earnestly desire that yoa will follow it, since it will make you a happy people. I give you this advice, because I am your true friend ; but I much fear you hearken to others, who never were, and never will be, your friends. " You know very well, that the French have been your enemies, from the beginning; and though they made peace with you 22 years ago, yet, by subtle practices, they still endeavour to ensare you. They use arts and tricks, and tell you lies, to deceive you ; and if you would make use of your own eyes, and not be deluded by their Jesuits and interpreters, you would see this yourselves : for you know they have no goods of any value, these several years past, ex- cept what has been sent to them from the English of New York, and that is now all over. They give fair speeches, instead of real services ; and as, for many years, they attempted to destroy you in war, so they now endeavour to do it in peace ; for when they persuade you to go out to war against others, it is only that you may be destroyed your- selves ; which we, as your true friends," labour to prevent ; because we would have your numbers in- crease, that you may grow strong, and that we may be all strengthened in friendship and peace to- gether. " As to what you have said of trade, I suppose the great distance, at which you live from us, has prevented all commerce between us and your peo- ple. We believe those, who go into the woods, and spend all their time upon it, endeavour to make the best bargains they can, for themselves ; so, on your part, you must take care to make the best bargains you can with them. But we hope our traders do not exact ; for we think that a strowd coat, or a pound of powder, is now sold for no mor UNITED STATES. 875 buck-skins than fonnerlyv Beaver, indeed, is not, nf late, so much used in Europe ; and, 1 therefore, toes not give so good a price ; and we deal but very little in that commodity. But deer-skins sell very veil among us ; and I shall always take care that the Indians be not wronged. But, except other measures be taken to regulate the Indian trade every where, the common method used in trade will still be followed ; and every man must take care of himself; for thus I must do myself, when I buy any thing from our own people; if I do not give them their price, they will keep it; for we are a free people. But if you have any further proposals to make about these affairs, I am willing to hear and consider them ; for it is my desire that the trade be well regulated to your content. " I am sensible rum is very hurtful to the In- dians ; we have made laws, that none should be car- ried amongst them ; or, if any is, that it should be staved, and thrown upon the ground ; and the In- dians have been ordered to destroy all the rum, that comes in their way, but they will not do it ; they will have rum; and when we refuse it, they will travel to the neighbouring provinces and fetch it; their own women go to purchase it, and then sell it amongst their own people, at excessive rates. I would gladly make any laws to prevent this, that could be effectual; but the country is so wide, the woods are so dark and private, and so far out of my sight, if the Indians themselves do not prohibit their own people, there is no other way to prevent it ; for my part, I shall readily join in any measures, that can be proposed, for so good a purpose. " I have now, my friends and brothers, said all that I think can be of service at this time, and I give you these things here laid before you, to con- firm my words, viz. Five coats, 20 pounds of pow- der, 40 pounds of lead, for each of the Five Nations ; that is, 25 coats, 100 pounds of powder, and 200 pounds of lead, in the whole ; which I desire may be delivered to them, with these words in my name, and on behalf of this province : I shall be glad to see often some of your chief men, sent in the name of all the rest ; and desire you will come to Phi- ladelphia, to visit our families, and our children born there, where we can provide better for you, and make you more welcome ; for people always receive their friends best at their own houses. I heartily wish you well on your journey, and good success in it. And when you return home, I desire you will give my very kind love, and the love of all our people, to your kings, and to all their people. " Then the governor rose from his chair ; and when he had called Ghesaont, the speaker, to him, he took a coronation medal of the king, and pre- sented it to the Indian in these words : " That our children, when we are dead, may not forget these things, but keep this treaty, between us, in perpetual remembrance, I here deliver to you a picture in gold, bearing the image of my great master, the king of all the English ; and when you return home, I charge you to deliver this piece into the hands of the first man, or greatest chief of all the Five Nations, whom you call Kannygooah, to be laid up and kept, as a token to our children's chil- dren ; that an entire and lasting friendship is now established for ever, between the English, in this country, and the great Five Nations." The governor's concern to promote the country's benefit, 4* c - Proceedings in consequence of the barbarous murder of an Indian Divers useful laws passed, urith snme of their titles, Sfc. Increase of law-suitt Regulation of bread and flour Paper currency scheme first introduced in 1722 Advocated by the governor, and favoured by the generality of the people ; but disliked by some Sentiments of several gentlemen and merchants, relating to a paper currency, presented to the assembly Answer to these sentiments, Sfc. Governor Keith's judgment on the same subject, in writing, to the assembly Reply to the answer to the above senti- ments, 8fc. Of the assembly, elected in Oct. 1721, Jeremiah Langhorne was speaker ; to which assembly, in the winter, the governor, in his speech, intimated the necessity of their united and diligent application to restore the planter's credit, without discouraging the merchant, by whose industry alone, he says, "Their trade must be supported wi'th a sufficient currency of cash." He then proceeded : " My mind is so fully bent upon doing this province some effectual service, that I have lately formed the design of a considerable settlement amongst you, in order to manufacture and consume the grain ; for which there is, at this time, no profitable market abroad ; and although this project will doubtless, at first, prove very charge- able and expensive to me, yet, if it meets with your approbation, and the good will of the people, I am well assured it cannot fail of answering my purpose, to do a real service to the country, and every interest and concern of mine shall ever be built on that bottom." The house acknowledged, " His zeal to restore the planter's credit, with his just care of the mer- chant, who, of late, with others equally, had laid under the greatest disadvantages for want of a suffi- cient currency of cash, as appeared to them, from the melancholy complaints of the people, declaring they would readily fall in with any scheme that should appear to them conducive to a remedy." In the spring of the year 1722, an Indian was barbarously killed, within the limits of the province, somewhere above Conestogoe. This murder was supposed to be perpetrated by one or two persons, of the name of Cartlidge. The governor having commissioned James Logan, and Col. John French, two of his council, to go to Conestogoe, to inquire into the affair, after their return, at the request of the assembly, laid their report ef it before them. The house, in their address to the governor, ex- pressed their utmost concern on this affair : they " gratefully acknowledged, and highly commended the governor's prudent conduct, and steady admi- nistration of justice ; but more especially at that time, on an occasion of the greatest importance to the peace and safety of the government, by his empower- ing two gentlemen of his council so able and pru- dent, on the present emergency ; whose wise con- duct (said they) is very conspicuous fro-na their re- port laid before the house by the governor." They earnestly requested the governor to persist in his laudable endeavour, to bring the aggressors to condign punishment, with all possible speed, lest, by delay of justice, the Indians should be induced to withdraw their allegiance to the crown of Great Britain, and be provoked to do themselves justice, in a manner that might be of most dangerous con- sequence. They also urged, t( That he would ad- vise with his counsel, in making treaties with them ; for, as they are some of the principal inhabitants of this government, we have no reason to doubt but they will be concerned for the good of the same." 876 THE HISTORY OF AMEKIC'A. They likewise mentioned the repeated request of the Indians, that strong liquors should not be carried, nor sold among them ; with the petition of sundry inhabitants of the province, to the same import; which the laws hitherto made, in that case, had not been able to prevent; and they, therefore, requested the advice and assistance of the governor and council therein. The governor declared, " That he had carefully endeavoured to follow the late honourable proprie- tary's steps in such affairs; to keep the natives al- ways in a lively and perfect remembrance of his love to them, and to build all their treaties of peace with them, upon the same principles and maxims of good policy, which he used and maintained when he was here himself." He likewise assured the house that he had at that time all the probability, which the nature of the case would admit of, of settling matters again agreeably with the Indian nations. Great pains w-ere taken in the affair of the mur- der; and an Indian messenger, Satcheecho, was dispatched to the five nations ; the suspected per- sons were committed to prison; and the governor, with two of the council, met and treated with the five nations at Albany, respecting it; and presents were made to the Indians. The five nations de- sired that the Cartlidges should not suffer death ; and the affair was, at length, amicably settled. Among the laws passed by the governor, this year, for improving the produce of the province, meliorating its staple commodities, then in bad credit at foreign markets, and for other purposes, were the following: " An act to prohibit the selling of rum, and other strong liquors, to the Indians, and to prevent abuses that may happen thereby." " An act for encouraging the making good beer, and for the consumption of grain in the province." " An act to prevent the exportation of flour not mer- chantable." " An act for laying a duty on negroes imported into this province." " An act for encou- raging and raising of hemp in this province," and others of a like tendency. Joseph Growdon wa? speaker of the assembly elected in October 1722. The governor, in his speech to this assembly, on the first of February, 1723, recommended them to direct their atten- tion to the multiplicity of expensive and vexatious law-suits, which had arisen of late in an unprece- dented manner. In consequence of the governor's representation, the committee of grievances, on the same month, made their report as follows, taken from the printed votes : " We have examined the sheriff's docquet, and find that, From September 1715, to September 1716, the number of writs are 431 From September 1717, to September 1718. .. 588 From September 1719, to September 1729 . . 627 From September 1721, to September 1722 847 From September to December, 1722 250 Several laws were passed, which appear to have the desired effect, and to have remedied the evils complained of. He also urged, " That, for the sake of the whole country, who must live >?y the product and manu- facture of grain, it was absolutely necessary, that the making good bread and flour, be so regulated, as to recover their lost credit in the market iu the West Indies; upon which their whole traffic en- Urely depended." About this time the province appears to have been under great difficulties, respecting the decay of its trade and credit, and the want of a sufficient circulating medium or currency ; for the relief of which many proposals were made. Among others, that of paper money was now introduced ; which occa- sioned considerable debate. The governor was a strong advocate for a paper currency, and took great pains to promote it; with whom appeared to join the generality of the people. But the persons of property and influence did not like the scheme. Their dislike was chiefly founded on the difficulty of preserving that kind of cur- rency from depreciation; which they saw had in general occasioned mischievous and fraudulent con- sequences in other provinces; they also disapproved of the mode proposed, of issuing and conducting the same. So that their opposition was not so much against a paper credit, properly guarded and con- ducted, as against fraud, or those modes of mana- ging it, which had been so ruinous in other places. Hence, in the February of this year, when the scheme was under consideration of the assembly, Isaac Norris and James Logan, in the name and behalf of several gentlemen and merchants, pre- sented the following sentiments thereon, in writing, to the house. " To the honourable house of representatives of the province of Pennsylvania. " Being admitted, upon our address to the house, presented yesterday, to exhibit any further senti- ments, in relation to a paper credit, now vigorously pressed to be established by law; we accordingly offer the following heads, which may be supported by solid arguments, when the house thinks fit to require them. " First, That as this province derives all its powers from, and is wholly dependent on the kingdom of Great Britain, it will be the highest wisdom in our legislature, upon all exigencies, to direct themselves by the same prudent and just measures which the parliaments of that kingdom have always pursued, in the like cases; in whom nothing has been more conspicuous than a most strict care, that no subject should lose by the coin, or public credit of the kingdom. " Secondly, That as, when the nation was most grievously distressed, in the time of a dangerous and expensive war, by a general debasing of their current coin, the parliament would hearken to no proposal (though many were made) for relieving the state, by raising the new minted money to a higher value; but, under the vastest difficulties, renewed it. at the same weight and fineness, to pass at the former rates; which they have unalter- ably kept to. And further, by the sum of l,200,000/. made good to private persons all the loss of ex- changing their clipped and debased coin, for the new milled money, which was delivered out at a par to them: so the like justice and prudence requires that no further alteration, than what the parlia- ment has made here, should, on any terms, be ad- mitted, in the value of our gold and "silver, but that it still continue, as it now passes. " Thirdly, That, as the parliament, as often as they found it necessary to issue bills of credit, called exchequer bills, or notes, took the utmost care, to keep them equal in value with silver, by giving the Bank of England, when they fell into any discount, vast sums of money, to receive those bills as their own, and to exchange them with ready cash, on the demaud of the bearer : so it appears absolutely ne- UNITED STATES. 877 cessary, that if bills of credit be raised here, due care should be taken (since we can have no such banks in this province, as are in Europe, whose rules are to pay down ready money for their bills, upon demand,) to establish them on so just a foun- dation, that, while in being, they may still continue of the same value with real money, according to the rates, at which they are at first issued. " Fourthly, That, if those bills be issued on any easier terms to the receiver, than gold, or silver would be, if it were to be paid, or lent out of the treasury, by how much easier these terms are by so much, at least, will the bills fall in value; for credit has its own laws, as unalterable in themselves, as those of motion, or gravity are, in naiure, and which, such as are versed in these affairs in Europe, as carefully consider. " Fifthly, That the schemes most commonly talked of, for lending out sums, to be discharged by annual payments, equal to, or not much exceeding, the interest, for a certain number of years, without paying any principal, are partial and unjust, and would be destructive to public credit ; because the consideration given is not an equivalent to the sum received. "For instance, should 100J. be lent out, to be discharged, by the payment only of 8/. annually, for sixteen years; were such an annuity to be bought, according to the known rules for purchasing estates. it would here be worth no more than 70/. 16s. and 3d. in ready money ; nor is an annuity for 9/. 10*. per annum, for twelve years, worth more than 7 1/. 12s. In either of these cases, the borrower, could he discharge debts of that value with it, though he were to pay the annuity in gold and silver, would gain near 301. by the loan, but no other person would feel the least advantage by it : now, if no man would let out his own money on these terms, none ought to desire it so of the public ; the credit of which is of vastly greater importance than that of any private persons; because a failure in it affects the fortune of every individual in his money, the me- dium of his commerce and dealing. " Sixthly, That all such projects are either ex- ceedingly weak, or unjust ; for the paper money is to be lent either to all, who shall desire it, on a tender of the security proposed, or to some only : if to all (as it is natural for all men to desire what they may gain by,) it will be impracticable to strike enough, to answer all demands ; or, if it were struck, it would, because of its quantity, become of little, or no value ; if to a few only, what tribunal can be erected, to judge and distinguish, who of the king's subjects are to be admitted to the favour, and who to be rejected? If the poor only are to be the objects, they have not security to give, or, if they had, per- haps they have as little merit as any : commonly people become wealthy by sobriety and industry, the most useful qualifications in a commonwealth, and poor by luxury, idleness and folly. What rules then can be found for dispensing the public favours ? " Seventhly, That by these schemes, the more the currency, or paper money falls in value (by which word falling, is meant the rising of gold, silver, English goods, and all other commodities, in nominal value, which is the certain proof of the other's falling,) the greater is the borrower's advan- tage ; for the more easily will he pay his annuity; so that he may happen, by virtue of the act, to dis- charge, with the value of 20Z., a debt of 100Z., due to the man, who, perhaps, kindly lent him the money, to relieve him in distress, or honestly sold him his land, or goods, at their real value, at the time of lending, or sale. " Eighthly.That all those deceive themselves, who, because gold and silver may be had at NewYoik, or other places, in exchange for their paper money, suppose that the one, therefore, is as good as the other, unless the silver can be had at eight shillings per ounce, or the gold at six shillings per penny, weijjht, at New York, as they were rated at the first striking of their bills ; but when their silver brings from nine to ten shillings per ounce, and their light pistoles pass at 28*., or higher, then bills are truly so much fallen in value, as the others are advanced. So, in Carolina, silver is to be purchased for their bills, but it is at 30s. per ounce, though they were struck, as is said, at seven shillings on ly ! " These being premised as general heads, what next follows, is to point out what are conceived to be the only means of supporting the credit of such a currency, if issued. " First, That the whole sum struck be but small, and just sufficient, to pass from hand to hand, for a currency. " Secondly, That it be not continued for any longer time ; for the paper will wear out, and it will not be so easy to exchange it for new, as some have imagined ; which, it is much to be doubted, will be found impracticable : besides, the sooner it is to expire, the more easily will people be satisfied to take it. But further, our laws can continue in force no longer than five years, without the royal approbation. " Thirdly, That care be taken to force the sink- ing of it in course, and in a just manner, by mea- sures, that shall render it absolutely necessary for the public to have it sunk; which, it is conceived, none of the methods hitherto discoursed of will effect. These heads, may it please the house, are what we have at present humbly to offer to your con- sideration, on this subject." A few days after this was presented to the house, the governor also delivered them his sentiments, in writing, on the same subject, as follows : " Mr. Speaker, and Gentlemen of the Assembly, "I have, at your request, very carefully considered the resolutions of the house, upon your journals, relating to public credit ; and also some things, which, I find, have been offered to you upon the same subject. " Credit may, no doubt, be compared to the ma- thematics, in so far as both sciences will admit of deducing solid conclusions from self-evident and clear principles ; and yet, by the subtilty of an artist, truth, or falsehood, in either of them, is often so wrapped up and involved, that it is lost unto, or misapprehended by the plainest, and, generally speaking, much the honestest part of mankind. " But the common necessity, and general interest of the whole body of the people, being a subject of importance on which we ought to speak plainly, and act freely, I shall, without any preamble, or disguise whatever, communicate my thoughts to you, in the simplest, and most intelligible manner that I can. " First, If it be true that the riches and prospe- rity of this province chiefly depend on the manufac- ture of provisions, and the exchanging of that manufacture, with other things to advantage, it will also be true, that whatever increases the one, and at the same time, encourages the other, will 87S THE HISTORY OF AMERICA. justly deserve the name of a public good ; and the majority of those, employed in such manufacture and exchange, have therein a rijht to be considered as the body of the people, whom you represent. " Secondly, It is evident, that, where there is no public debt, and a real value, in lands, to be pledged, paper money may, if there is occasion for it, be struck to advantage, without any risk at all ; for though perhaps it may contribute to hurt some weak people, in the ill management of their private affairs, yet, while any unfrugal person is lost to the community, and is succeeded by one more industri- ous than he, the public cannot suffer by such a change. " Thirdly, If, in the case of a paper currency among us, it should happen to follow (as it may be supposed it will) that silver and gold will be kept up for remittances to Great Britain, we shall then have no other means of dealing with one another, but the paper: should the quantity, therefore, be less than is necessary to circulate our home trade, in its natural course, usurers and sharpers would have the same opportunity as they have now, to lie at catch for bargains, and make a monopoly of trade, by engrossing the current money into their hands. " Fourthly.. The very essence and nature of credit, as well as the practice and experience of the great- est banks in Europe, directs all such bills to be is- sued at something less than the common interest, for that is, in effect, a premium by the public, to encourage their circulation : and whosoever is pleased to say, that the bank of Amsterdam loses credit, by lending money at two per cent., or the bank of England, by lending money at four per cent, shall scarce prevail with me to think the assertion worthy of any answer. " Fifthly, I am not of opinion with those gentle- men, who are pleased to alledge, that the value of silver at New York, which, in the month of Sep- tember last, was from eight shillings and six-pence to eight shillings and nine-pence, is occasioned by their paper; for, in this province, where there never has been any paper yet, from five to ten per cent, has, for several years, been given in exchange for silver. And as to their computation of gold, the gentlemen, perhaps, have not had occasion of late to be informed, that the heaviest pistoles in York go at no more than 28s., and smaller, or cut gold, at the common standard value in that province ; where, it is believed, the people could not possibly carry on half the quantity of their present trade and busi- ness without the help of paper. " Sixthly, I must also take leave to differ in opi- nion with those who, without enquiry, and by whole- sale, are pleased to condemn all schemes of lending m.oney, to be discharged by annual payments; for I truly think that method will not only suit the different circumstances and conveniency of the peo- ple best, but in all respects will prove the safest and most profitable, as well as equal; and my reasons for it are these : " First, Whatever quantity be issued, if one-fifth, sixth, or tenth part of the sum, according to the time for which it is to last, must necessarily come into office every year, it may be lent out again, at five per cent, for any time within the term, to such persons as had no place, or opportunity, to come into the first loan : by which means all the fright- ful, odd things mentioned in the gentlemen's sixth observation, will presently vanish; for every man, in this case, according to his ability, may, if he thinks fit, share in that advantage ; which the pub- lic most generously and prudently offers to the ne- cessities of the people. : ' Secondly, If so great a share of the whole comes in yearly tp the office, in order to be lent out again, it will, in a great measure, prevent engrossing, and help the circulation considerably ; it will also give more frequent opportunity of discovering frauds, and gradually increase the public stock and reve- nue of the bank ; and by that means it will demon- strably sink the original sum, within the time pre- fixed ; that is to say, the paper, at the end of that term, will either be found in the office, or its value in cash, ready to pay what shall then happen, by accident, to be yet abroad. " Seventhly,*If too great a security is demanded for the loan of public money, I think it will, in a great measure, frustrate the design of relieving many of the middling, or most industrious, sort of the people ; wherefore it is my opinion, that one- half of the value of ground rents may very safely be lent to those who are willing and able to give such security. " Eighthly, If, upon further consideration, you find that the sum intended may be issued to better advantage, for a longer time, I think the objection, that our acts can only subsist five years, without being approved, is of no weight; for besides, that it would not be very civil, to suppose that the legis- lative authority here would deliberately go upon any act of that importance, or indeed of any kind, which we had the least cause to suspect would oe disagreeable to his majesty, or the sentiments of his ministry: we know very well it is in his majesty's royal power and prerogative, to repeal and make void, at any time, all acts of assembly, to be made, or passed in America : and, for my part, if I did not, in my conscience, believe that the act, now proposed, would be made on such a rational, just and equal foot, as would rather claim his majesty's gracious favour, in assenting to it, than render it obnoxious to his impartial justice, I should neither have given myself nor you this trouble. " Gentlemen, these are most frankly and sin- cerely my present sentiments of the matter before you ; and, as I do not find myself inclined to dis- pute, and much less to shew any stiffness or obsti nacy in an affair of such a general concern, I shall very much rely on your diligent circumspection and care, for the good of your country, being still ready and willing to give you all the assistance in my power. *' WILLIAM KEITH." The assembly's conduct in the affair of a paper cur- rency Further account of the Pennsylvania paper currency, till 1749 Governor Keith violates hit instructions from the proprietary Reasons given for and against the same The widow Penn's answer to the remonstrance of the assembly'^Disputes after- wards relative to the proprietor's instructions. (1723.) In this important affair the assembly proceeded with the utmost caution; for having the examples and mistakes of the other colonies before their eyes, they saw the principal thing which they had to guard against, was the depreciation of their bills; which nothing could so much effect as an over-quantity, defect of solid security, and of proper provision to recall and cancel them ; so in this, their first experiment of the kind, they issued only 15,000/. on such terms as appeared most likely to be effec- tual to keep up their credit, and gradually to re- duce and sink them. The act for this purpose was passed by the governor, on the second of Marcb. UNITED STATES. 879 1723. But, from the advantage which was soon experienced by this emission, together with the in- sufficiency of the sum, the government was induced, m the latter end of the same year, to emit 30,OOOJ. more, on the same terms. But, that it may appear with what caution this province at first advanced in this affair, it may not be improper in this place to give the following re- port, drawn up by the assembly of Pennsylvania, in November, 1739, upon a requisition from the go- vernment in Great Britain, to have the state of the paper currency, with the rates of passing, buying, and selling gold and silver, in the British colonies, from the year 1700, to that time, laid before the parliament. " An account of the several acts, passed in the pro- vince of Pennsylvania, for creating, or issuing paper bills, or bills of credit, with the account of those bills, and the value thereof, in money of Great Britain ; and the provision made for sinking, or dis- charging the same, together with the sum of bills tbat have been sunk, or discharged ; also the sum of bills subsisting, or passing in payment, at this time, with the amount of the value thereof, in money of Great Britain. " In the year 1723, two acts were passed for crea- ting the first bills of credit, by which 45,0002. were issued ; and for the effectual discharging, or sinking the said bills, it was therein provided and enacted, that a real estate in fee simple, of double the value of the sum lent out, should be secured in an office erected for that purpose; and that the sums so lent out should be annually repaid into the office, in such equal sums or quotas, as would effectually sink the whole capital sum of 45,0002., within the time limited by the aforesaid acts; which sum, being computed in silver, as it was then received, and paid, among us, and reduced to sterling money of Great Britain, amounts to 29,0902. 13s. 4rf. ; but in the year 1726, the sum of 6,1102. 5*., part of the capital sum of 45,0002. by virtue of the two afore- said acts, being totally sunk and destroyed, the province found themselves greatly straightened by means thereof, and likely to become subject to many disappointments and losses, for want of a sufficient medium in trade, if the remaining quotas or pay- ments should continue to be sunk, according to the direction of the acts; therefore, an act was then passed for continuing the remaining sum of 38,8892. 15s. for. and during the term of eight years, by re-emit- ting, or lending out again, the quotas or sums, to be paid in by the respective borrowers, on the same securities and provisions as were directed by the former acts. " The bills of credit, emitted in the year 1723, being thus reduced by the sinking of the aforesaid sum, and the inhabitants of the province growing exceeding numerous, through the importation of foreigners, and others settling among us ; by which means the trade became greatly enlarged; and the difficulties still increased, and the province found themselves under the necessity of making an addi- tion to those bills of credit ; and accordingly, in the year 1729, the further sum of 30,000/. was then created, and issued upon the same security of real estates, in fee simple, to be mortgaged in double the value of the sum lent ; and to be paid in by yearly quotas, arid sunk and destroyed as the for- mer acts passed in the year 1723,' had provided and directed in the case. " In the year 1731, the acts for issuing bills of crddit, passed in the year 1723, being nearly ox- pired, and the annual quotas remaining due, on the said acts, by virtue thereof, being at this time to be sunk and destroyed, which would unavoidably have involved the merchants, as well as farmers, in new difficulties, and laid the province under a ne- cessity of making new acts of assembly, for emit- ting more bills of credit in lieu thereof, an act was then passed for continuing the value and currency of those bills, for the term of eight years, by lend- ing out the same, as they became due, with the same provisions, and on the same real securities provided for, and directed by, the former acts. " The amount of the bills of credit, in the present year, 1739, by virtue of the several aforesaid acts, amounting only to 69,8892. 15s., from the daily in- crease of the inhabitants, and the continued impor- tation of foreigners among us, being found by ex- perience to fall short of a proper medium for nego- tiating our commerce, and for the support of go- vernment, an act was passed for creating and is- suing a further sum of 11,110/. 5s., and for con- tinuing the whole amount of our bills of credit, for a short time of years, under the same real securities, and with the same provisions and limitations as di- rected by the former acts; by means of which ad- ditional sum, the whole amount of the bills of credit, current in the province, is at this time 80,0002. : which sum being computed, as now purchased here, and reduced to sterling money of Great Britain, makes 50,1962. Yet, notwithstanding merchants and others have given some advance, to purchase gold and silver, we are assured, from experience, that difference arises only from the balance of our trade with Great Britain being in our favour, by means of the far greater quantity of English goods imported into this province, since the creating ami issuing our bills of credit; for the adventurers ad- vancing the price of their commodities, and, en- couraged by meeting with a ready sale, became great gainers, while wheat, flour, and all the valu- able produce of the province, continued at or near the usual prices, and are, at this time, to be pur- chased with our bills of credit, as low, or lower, than has been almost ever known, when gold and silver were the medium of our trade ; and all tradesmen, hired servants, and other labourers have always been, and are still, paid at the same rates, and no more, for their labour, than they formerly received, before the creating or issuing our bills of credit." To the above account, respecting the paper cur- rency of Pennsylvania, it may be added, That, by another report of the house of assembly, made in the year 1749, it appears, that no more was issued till the year 1746 : that, in the year 1745, an act of assembly was passed for continuing the currency of the aforesaid 80,0002. for sixteen years ; during the first ten years whereof, the whole sum to be kept up, by lending out or re-mitting the yearly quotas, or payments, as they became due ; and, after the expiration of ten years, one-sixth part of the whole sum to be paid in yearly, and sunk or destroyed. That, in the year 1746, an act was passed, giving 5,0002. to the king's use, to be sunk in ten yearly payments of 5002. each ; so that the whole amount of bills of credit, current in the province at that time (1749),was only 85,0002., then equal to 53, 3332.6s. 8e/. sterling money of Great Britain : which sum, in the said report, is asserted to be much too small to carry on the trade of the province, which of late years had very much increased ; but that neverthe- less it was of great utility and advantage, as fai as It Rrentj that their payments, at that time, were 880 THE HISTORY OF AMERICA. made to Great Britain chiefly in gold and silver, which for several years had passed current in the province, at 8s. tid. per ounce for silver, and (Jl. 5.. per ounce for gold, &c. With the above report of the state of the payer currency of Pennsylvania was likewise, at the same time, the following account of the rates of gold and silver coin delivered to the governor, as drawn up by the same committee of Ue house, who made the above-said report, viz. : "An account of the several rates of gold and silver coin, and what prices they were accounted, received, taken, and purchased at, and sold for, by the ounce; and what rates gold and silver coin are purchased at, and sold for, by the ounce, at this time. " From the year 1700 to the year 1709, gold was received and paid, at bl. 10s. per ounce, and silver at 9s. 2d. per ounce. " From the year 1709 to the year 1720, gold was received and paid, at bl. 10s. per ounce, and silver at 6s. 10d. per ounce. " From the year 1720 to the year 1723, gold was received and paid, at 5/. 10s. per ounce, and silver coin w-as purchased with gold at 7s. 5d. per ounce. " From the year 1723 to the year 1726, gold was purchased,,and sold at 6/. 6s. 6d. per ounce, and sil- ver at 8s. 3d. per ounce. " From the year 1726 to the year 1730, gold was purchased at 6/. 3s. 9cZ. per ounce, and silver at 8s. Id. per ounce. " From the year 1730 to the year 1738, gold was purchased and sold at 6/. 9s. 3d., and silver at 8*.9d. per ounce. " And now in this present year, 1739, gold is pur- chased and sold at 6/. 9s. 3d. by the ounce, and silver at 8s. Qd. per ounce. Submitted to the correction of the house, by Isaac Norris, Thomas Leech Abraham Chapman, James Morris, John Kearsley, Israel Pemberton. " Philadelphia, November 23, 1739." We now return to our narrative. In October 1723, David Lloyd was electee speaker of the assembly, and in the year next fol lowing William Biles was in the same office ; during which time, the usual cordiality appears to have subsisted between the two branches of the legis lature. The governor, Sir William Keith, appears mani festly, riot only in his administration, but also in hi; general conduct, to have been a great seeker of po pularity; and he both possessed and practised thos arts, which seldom fail to please the populace. B so doing, he doubtless very frequently benefitte< the colony, but it appears about this time that h violated the constitution, by his eagerness to receiv public approbation; courting the assembly, an neglecting the council. It was one of the funda mental regulations, " That he should pass no laws nor transact any thing of moment relating to th public affairs, without the advice and approbatio of the council; which instruction, on his ap pointment to the government, he had obliged him self inviolably to observe, but now encouraged b the assembly, he declared it to be illegal, and pel sisted in hi's not being bound by any restraint that nature. This conduct in the latter end of the year 172 caused much dispute in the province, tending un happily further to divide the interests of the proprie taries and the people. The chief actors in this con troversy were principally the governor and Davj Uoy-1 on the one side and on the other Jame Logan, the secretary, and agent to the proprietary's family. The governor, with those who opposed the pro- prietary interest, being the more numerous, ad- vanced, " That the power of legislation was, by the royal charter, solely and entirely vested irl the pro- rietary, or in his deputy, with the representatives F the people ; that, as the latter, or the delegates, f the people, in their legislative capacity, were so ar from being liable to be bound, or restrained by, ny instructions from their constituents, that their cts were absolutely binding upon them ; so neither as the former, or the proprietary, any just autho- ity to lay restrictions upon his deputy (whose acts re also equally binding upon his principal), to linder him from acting, as he pleased, in conjunc- ion with the other part of the legislature ; and con- equently all instructions of this nature were void n themselves ; that, moreover, by the present barter of privileges, granted by the proprietary to he people, the council was no part of the legisla- ure; and, therefore, had no right to interfere in icts of government, so as to be a restraint upon the rovernor therein." The proprietary's friends, on the other hand, al- eged the reasonableness and justice, and indeed he absolute necessity of such a council, or of the ouncil's having such a check on the deputy-go- vernor, both for the safety of the proprietary, and even the further security of the people; besides he constant practice of the first proprietary, William Penn, and its consistency with the nature of an English constitution. " For," said they, ' in all the royal governments, the governors are the king's deputies, or representatives; and there s not one of them in America, who is not bound by similar, and much more extensive instructions, in reference to their respective councils, notwithstand- ng their office of deputy, and representative capa- city. That, in the absence of the proprietary, for a lieutenant and temporary governor, to be left to act without any check from a council, was very unsafe not only for the proprietary, but, if duly considered, less secure to the people themselves." That, by the royal charter, " The full and absolute power of legislation was vested in the proprietary, or in his deputy, with the advice, assent, and ap- probation of the freemen, or their delegates, to be assembled for that purpose, in such sort and form, as to the said proprietary and them shall seem best;" but that the assembly, by the present charter of privileges, are tut authorized to advise, but only to enact; as, for that purpose, the council was es- tablished by the original proprietary. The governor strenuously maintained the debate, and persisted in his conduct, till he was superseded in the government by Patrick Gordon, in the sum- mer of the year 1726: before which time, in the month of March preceding, James Logan, in order to terminate the dispute, presented to the assembly a paper, in which he thus expressed himself: " James Logan never alledged that the council of this province, under the present constitution, is a part of its legislative authority; or that, as a council, they are otherwise concerned in it, than in conjunction with the governor at the board, or in committees and conferences, by his appointment and direction; or that an act, passed by the governor and assembly, without the council, is not of as much force as if it had their concurrence and ap- probation: but, even David Lloyd himseit has fully acknowledged their part in it, in thes word* UNITED STATES. 881 of his print, viz. ' that he never knew any so sense- less, as to say, that the governor is excluded (by law or charter) of having a council, to advue and assist in legislation;' beyond which no man ever asserted they have a right in this province. " And whether the proprietary can lay his deputy under restrictions, is now rendered fully intelligible to every capacity by the governor himself, in reduc- ing the case to this narrow point, viz., ' That the greatest of deputies can break their instructions ; and that they are liable to be removed for it ;' be- yond which the mutter will not bear a further argu- ment. '' All other attempts, therefore, fo labour these points, can only tend to continue dishonourable dis- putes in the government, and engage the whole country in quarrels, that can no otherwise affect it, than by involving it in reproach, and heaping pro- vocations on the proprietary's family." By the widow Penn's answer to the assembly's remonstrance of the 20th of March, 1725, on this affair (which remonstrance is mentioned, but not ins rted, in the printed votes of the house), both the design of the proprietaries, and also the views of the persons, who were principally concerned in thus representing the same^ are further intimated as follows : " To the representatives of Pennsylvania, in ge- neral assembly met. " It gave me no small concern, when I received the remonstrance of the 20th of March, 1725, from the late house of representatives of the freemen of the province of Pennsylvania, with their resolu- tion, that some part of a private letter of instruc- tions, sent by me to the late deputy-governor, was contrary to the liberties and privileges, granted by charter to the people of that province ; and my con- cern was the greater, when I considered, that, as their happiness had ever been the peculiar care of my late husband, in his life-time, so the continuance of it has been no less the desire of myself, and the whole family, ever since his death. I purposed long ere this time to have answered that remonstrance, but finding my sincere intentions to preserve peace and unanimity in the province, had been manifestly perverted, to the great, disquiet of the people ; and that, too by those whose duty it was to have acted another part, I was willing to lay hold of a more favourable opportunity, (when you might be left to your own prudent deliberations, without being in- iluenced to misinterpret the good intentions of the family towards you,) to assure you, that, if at any time I fall short of doing any thing that may advance your interest and reputation, it must proceed only i'rom my not having it in my power. And as to that part of my letter, which was made use of to procure that remonstrance, I do acknowledge it was designed as a cautionary direction, or limitation, upon the acting governor ; but without the least apprehension that it could ever have been construed, by the as- sembly, as any design upon the liberties of the free- men of Pennsylvania : because the council, accord- ing to its constitution, either is, or ought to be, composed of persons of the best circumstances and abilities, residing and inhabiting within the said province ; and whose interest must, without all doubt, be the same with your own, and that of the people whom you represent. Nor was this instruc- tion any other, but in effect, the same with what had ever been given by my late husband, your pro- prietor, to all his deputy-governors: and (without mentioning the unhappy occasion given, for writing HIST. OF AMER. Nos. Ill 113. | that letter) I was the rather induced to renew this instruction, because by the proceedings of your own . hou -c, but a few years ago, it appears, the then as- , semhly expressed a very particular concern at the deputy-governor** declining to take the advice of i the council, upon the bills sent to him from their j nous?, to be passed into laws : and, therefore, I must conclude, that, if in this, you had been entirely left to have followed the resolutions of your own judg- ments, you would have continued of the same sen- liments, and have judged it a very necessaiy instruc- tion at that time, all circumstances considered; (but more especially if you had been aware of what has happened but too plainly since,) that this very re- monstrance was obtained with debign to wrest the government out of the hands of the proprietor's family ; and by that means, at once to deprive you of those valuable privileges, secured to you, as well by the royal charter, granted to the late proprietor, as by the several grants and laws made by him, under the same ; for the preservation of which you express so just a concern : and I do assure you, it is not easy for me to say, whether for your safety, or my own, I am better pleased that this attempt upon the rights of our family, and your privileges, has proved unsuccessful: and, without saying any more of that piece of management, I hope, we shall, all of us, learn to cultivate and maintain so entire an agreement, and mutual good understanding, as may preserve us from ever becoming a prey to designing men ; who, it is evident (notwithstanding their fair pretences,) consider none of us in any other light, than to serve their own ends and purposes, even, though at the expence of all that is valuable to us. My age, and low state of health make it tedious and difficult for me to apply my thoughts to business ; and, therefore, I shall add no more, but that the governor, appointed by my grandson, with the con- currence and consent of the family, is, for his pru- dence, well recommended to us here, and hath in charge from us, as much as lies in his power, to do every thing, which he lawfully may, to make you a happy people ; which we apprehend to be the surest way to advance the interest of our family in Pennsylvania, as well as most agreeable to my own inclination and desires. " HANNAH PKNN. " London, 20th April, 1726." To conclude the subject of the lawfulness of pro- prietary instructions, or of this kind of restrictions, in this case, though it take us beyond the present time, it is observable that the government of Penn- sylvania was absolute 1 y as much the property and estate of the proprietary under the crown, as the soil thereof. It was however subsequently contended, " That the power given to the deputy-governors of Pennsylvania, by the royal charter of makiug laws, with the advice and consent of the assembly, for public uses, &c., according to their best discretion is taken away by the proprietary instructions en- forced by penal bonds, and restraining ihe deputy from the use of his best discretion." To this the proprietaries, Thomas and Richard Penn, by their agent, Ferdinand John Paris, in November 1758, answered ; " As long as instructions are constantly given to every person entrusted with the govern- ment of any British colony ; (and bonds also re- quired from every such person, for observance of such instructions,) as long as instructions are con- stantly given to all persons whatsoever, executing, even the regal government of his majesty's king- doms, during the royal absence ; as long as these 4 F THE HISTORY OF AMERICA. proprietaries are repeatedly commanded by the crown, upon the nomination of each successive lieu- tenant-governor, to give instructions to such lieutc- tenant; and as long as a lieutenant-governor may, by his misbehaviour (if left entirely to his discre- tion), bring the proprietaries' estate and franchises into danger; so long the proprietaries must con- tend to give instructions to, and take bonds from, their lieutenant-governors." - Affirmation, fyc. instead of an oath, established in Pennsylvania Quakers' grateful address to the kiny on tke occasion Custom of the Quakers appearing in courts of justice u-ith their huts on their heads inter- rupted and restored Their address to the governor, and his compliance with their request He is super- sededin the government by Patrick Gordon, in 172G Governor Gordon's administration State of Penn- sylvania about this time. Tiie use of an affirmation, instead of an oath, was one of those privileges, for the enjoyment of which Pennsylvania was first settled by the Quakers; and which they had enjoyed uninterrupted for above twenty years. But after the resumption of the go- vernment, on the laws being revised, in 1700 and 1701, the law respecting the manner of giving evi- dence, with many others, was remitted to Queen Anne, in council, in 1705; when the said law was repealed; not with design to deprive the Quakers of the privilege, but solely on account of its making the punishment for false affirming greater than the law of England required for false swearing. The repealing of this law occasioned much difficulty among the Quakers in the province ; and numerous attempts were made, from time to time, for reviving their privilege, but without success, till the year 1725, when an act, prescribing the forms of decla- ration of fidelity, abjuration, and affirmation, in- stead of the forms before required, having been passed in the province, was ratified by the king in council; and thereby became perpetual. The Quakers, in New Jersey, were, for a consi- derable time, subject to similar difficulties, upon the same account; though the equity of their right to an affirmation, in their own form, was as old as the constitution; and, in fact, the settlement of the province primarily depended upon the enjoyment of that religious and civil liberty, of which this was a part: yet means were found to put a considerable interruption to this just and reasonable privilege; which, at length, finally terminated in the act of the fusi year of George II. ; which act was con- firmed, and rendered perpetual, by the king in council, on the 4th of May, 1732. The assembly of the province of Pennsylvania, in the year 1725, and also the Quakers, from their yearly meeting, at Philadelphia, separately, to ma- nifest their gratitude for the royal confirmation of the affirmation act of Pennsylvania, addressed the king on the subject. The address of the latter was as follows : " To our gracious sovereign, George, king of Great Britain, &c. " The humble address of his Protestant subjects, called Quakers, from their yearly meeting held at Philadelphia, in the province of Pennsylvania, the 21st day of the 7th month, 1725. *' In an humble sense of the many blessings and virtues which flow from the Divine Being, dis- pensed to the nations and people, over whom he hath been pleased to establish so gracious a prince, great, in his goodness and love to his people, great, u the benignity of his reign, which reaches to the most distant of his subjects, and great in the sight uf the nations round about. " If any of the present age should yet, through wantonness or wickedness, shut their eyes, and not see, or be thankful for such happiness, ages to come will look upon it with admiration ; and kings may set before them the example : posterity may mark it in their annals ; and if ever again attempts should be made upon true liberty and the laws, princes may find the mistake and dishonour in such endeavours, in former times, and remark thy reign, as the way to true grandeur. " We have great cause, among the rest of our fellow subjects, to express our affection and duty to our sovereign, and to be, as we truly are, particu- larly thankful for the royal assent to an act of this province, entitled, ' An act for the prescribing forms of declaration of fidelity, abjuration, and affirmation, instead of the forms heretofore required in such cases." " This benevolence of our king, in a matter, which so nearly touches the conscience, makes deep impressions on our hearts; but to the Almighty, who sees them, do we earnestly pray for the long continuance of his reign, and that an increase of blessings may be showered down on his person and throne, and that his posterity may be established therein." With the restoration of the enjoyment of this privilege to the Quakers in Pennsylvania, may be mentioned that of another, viz. the liberty of ap- pearing covered, or with their hats on their heads (according to their usual custom every where), in all courts of judicature. The institution of a court of chancery in the pro- vince, in the year 1720, has been already men- tioned. At this court, in which Sir William Keith was president, John Kinsey, a Quaker, and a law- yer of eminence, who was afterwards chief justice of Pennsylvania, was, in the year 1725, obliged, in the way of his business, to attend ; where appearing with his hat on his head, according to the usual manner of that people, the president ordered it to be taken off; which was accordingly done. His friends, the Quakers, took the affair under conside- ration ; and soon after, at their quarterly meeting, in Philadelphia, appointed a committee to wait on the governor; and, in a respectful manner, to re- quest him to continue the privilege, to which the Quakers conceived themselves legally entitled, ' of appearing in courts, or otherwise, in their own way, according to their religious persuasion ;' an address being accordingly prepared, was presented to the president, Governor Keith; which, with the entry made thereon, by his order in the court of chancery, and certified by the register, is as follows : " To Sir William Keith, baronet, governor of the province of Pennsylvania, &c " The humble address of the people called Qua- kers, by appointment of their quarterly meeting, held in 'Philadelphia, for the city and county, 2d of the 2d month, 1725. " May it please the governor, " Having maturely considered the inconveniencies and hardships which we are apprehensive all those of our community may be laid under, who shall be required, or obliged, to attend the respective courts of judicature in this province, if they may not be admitted without first having their hats taken off from their heads by an officer ; as we understand was the case of our "friend, John Kinsey, when the governor was pleased to command his to be taken UNITED STATES. 883 off, before ho could be admitted to speak, in a case depending at the court of chancery, after that h< had declared that he could not, for conscience comply with the governor's order to himself, to th< same purpose; which being altogether new anc unprecedented in this province, was the more sur- prising to the spectators, and, as we conceive (how- ever slight some may account it), has a tendency to the subversion of our religious liberties. ' This province, with the powers of government, was granted by King Charles II. to our proprietor, who, at the time of the said grant, was known to dissent from the national way of worship in divers points, and particularly in that part of outward be- haviour, of refusing to pay unto man the honour, that he, with all others of the same profession, be- lieved to be due only to the Supreme Being; and they on all occasions have supported their testi- mony, so far as to be frequently subjected to the insults of such as required that homage. "That the principal part of those who accom panied our said proprietor in his first settlement of this colony, with others of the same profession who have since retired into it, justly conceived, that by virtue of said powers granted to our proprietor, they should have a free and unquestioned right to the exercise of their religious principles, and their persuasion in the aforementioned point, and all others, by which they were distinguished from those of other professions; and it seems not unreasonable to conceive an indulgence intended by the crown, in graciously leaving the modelling of the govern- ment to him and them, in such manner as may best suit their circumstances ; which appears to have been an early care in the first legislators, by seve- ral acts, as that for liberty of conscience; and more particularly, by a law of the province, passed in the 13th year of King William, chap, xcii., now in force : it is provided that, in all courts, all per- sons, uf all persuasions, may freely appear ' in their own way,' and ' according to their own manner,' and there personally plead their own cause, or, if unable, by their friends; which provision appears to be directly intended to guard against all excep- tions to any persons appearing ' in their own way,' as our friend did, at the aforesaid court. (J Now, though no people can be more ready, or willing, in all things essential, to pay all due regard to superiors, and honour the courts of justice, and those who administer it, yet in such points as inter- fere with our conscientious persuasion, we have openly and firmly borne our testimony in all coun- tries and places where our lots have fallen. " We must, therefore, crave leave to hope, from the reasons here humbly offered, that the governor, when he has fully considered them, will be of opinion with us, that we may justly and modestly claim it as a right, that we, and our friends, should at all times be excused, in the government, from any compliances against our conscientious persua- sions, and humbly request that ht would for the future account it as such to us, thy assured well- wishing friends. " Signed by appointment of the said meeting, Richard Hill, Richard Hayes, Morris Morris, An- thony Morris, Evan PJvans, John Goodson, Row- land Ellis, Reese Thomas, Samuel Preston, Wil- liam Hudson. " The 10th May, 1725." " On consideration had of the humble address presented to the governor, this day read in open court, from the quarterly meeting of the people called Quakers, for the city and county of Philadel- phia, it is ordered, that the said address be filed with the register, and that it be made a standing rule of the court of chancery for the province of Pennsylvania, in all time to come, that any practi- tioner of the law, or other officer, or person what- soever, professing himself to be one of the people called Quakers, may and shall be admitted, if they so think fit, to speak, or otherwise officiate, and ap- ply themselves, decently unto the said court, with- out being obliged to observe the usual ceremony of uncovering their heads, by having their hats taken off, and such privilege hereby ordered and granted to the people called Quakers, shall at no time here- after be understood, or interpreted, as any con- tempt, or neglect, of the said court, and shall be taken only as an act of conscientious liberty, of right appertaining to the religious persuasion of the said people, and agreeable to their practice in all civil affairs of life. " By Sir William Keith, Chancellor." Governor Keith, by his popular behaviour and administration, which, in many cases, had been. highly beneficial to the province, had so much in- gratiated himself in the favour of many of the peo- ple, that upon intelligence of his intended removal rom the government, they were much displeased, and petitioned the assembly to make him a gra- tuity : and even after his removal chose him for a member of assembly, which he accepted. Whatever might have been his motives for his popular conduct, and although he may have been anxious to gratify those whom he governed, more hau was just and prudent, yet it is most cer- tain that the real interest of the province of Penn- sylvania was much indebted to his care and ma- nagement. After he was superseded by Patrick Gordon, in ;he summer of the year 1726, he resided some ;ime in the province ; very injudiciously using all lis power to divide the inhabitants and distress the proprietary family ; till at length having rendered limself odious to the people, as he had done before ;o the proprietaries, he returned to England, 'and it s said, died in poverty at London about the year 1749. Patrick Gordon appears to have first met the as- embly of Pennsylvania, in the beginning of Au- ust 1726, though he arrived in the province with lis family some time before. But during the early >art of his administration, for two or three years, he public transactions were not a little disturbed by ;he faction created by Sir William Keith. Gor- lon's administration was distinguished by modera- ion and prudence through a great variety of pub- ic and important transactions. The author of a mblication, entitled " The importance of the Bri- ish plantations in America to these kingdoms, &c. sonsidered," London, 1731; gives the following account of the colony about this period : " That Pennsylvania, which has not any pecu- iar staple (like Carolina, Virginia, and Mary- and), and was begun to be planted so late as 680, should at present have more white inhabit- ints in it than all Virginia, Maryland, and both the Carolinas, is extremely remarkable ! And although he youngest colony on the continent, they have, >y far, the finest capital city ot all British Ame- ica, and the second in magnitude. The causes sually assigned for this vast increase of white )eople in so short a time, are these, viz. First, their ind treatment of the Indians, their neighbours;* 4 F 2 THE HISTORY OF AMERICA. hereby rendering that province absolutely safe from their attempts. Some indeed have gone so far as to assert, that they are the only British co- lony that have treated the poor native Indians with humanity : for that no other British colony admits of the evidence of an Indian against a white man : nor are the complaints of Indians against white men duly regarded in other colonies; whereby these poor people endure the most cruel treatment from the very worst of our own people without hope of redress ! And all the Indian wars in our colonies were occasioned by such means. Secondly, the ex- cellency of Pennsylvania's laws ; whereby property is effectually secured to all its inhabitants. Thirdly, the unlimited toleration for all manner of religious persuasions, without permitting any claims to ec- clesiastical power to take place. All men, who are Protestants, are indifferently eligible to the magis- tracy and legislature, let their private opinions be what they will, without any religious test. " The product of Pennsylvania for exportation, is wheat, flour, biscuit, barrelled beef and pork, bacon, hams, butter, cheese, cider, apples, soap, myrtle-wax candles, starch, hair-powder, tanned leather, bees'-wax, tallow-candles, strong beer, lin- seed oil, strong waters, deer-skins, and other peltry, hemp, (which they have encouraged by an addi- tional bounty of three half-pence per pound weight, over and above what is allowed by act of parlia- ment,) some little tobacco, lumber, (i. e. sawed boards, and timber for building of houses, cypress wood, shingles, cask-staves and headings, masts and other ship timber,) also drugs of various sorts, (as sassafras, calamus aromaticus, snake-root, &c.) Lastly, (adds our author,) the Pennsylvanians build about 2000 tons of shipping a year for sale, over and above what they employ in their own trade ; which may be about 6000 tons more. They send great quantities of corn to Portugal and Spain, fre- quently selling their ships as well as cargo ; and the produce of both is sent thence to England, where it is always laid out in goods and sent home to Pennsylvania. They receive no less than from 4000 to 6000 pistoles from the Dutch isle of Cura- r incidental taxes are assessed, collected and applied by persons annu- ally chosen by the people themselves. Such is our iappy state, as to our civil rights. Nor are we less happy in the enjoyment of a >erfect freedom as to religion. By many years ex- erience we find, that an equality among religious ocieties, without distinguishing any one s*ct with ;reater privileges than another, is the most effectual lethod to discourage hypocrisy, promote the prac- ice of the moral virtues, and prevent the plagues nd mischiefs that always attend religious squab- ling. "This is our constitution ; and this constitution was framed by the wisdom of Mr. Penn, the first roprietary and foun'der of this province; whose barter of privileges, to the inhabitants of Pennsyl- ania, will ever remain a monument of his benevo- ence to mankind, and reflect more lasting honour n his descendants, than the largest possessions. n the framing this government he reserved no powers to himself, or his heirs, to oppress the UNITED STATES. 887 people, no authority, but what is necessary for our protection, and to hinder us from falling into anar- chy; and therefore (supposing we could persuade ourselves, that all our obligations to our great law- giver, and his honourable descendants, were entirely cancelled, yet) our own interests should oblige us carefully to support the government, on its present foundation, as the only means to secure to ourselves and our posterity the enjoyment of those privileges, and the blessings flowing from such a constitution, under which we cannot fail of being happy, if the fault is not our own. " Yet I have observed that in former assemblies there have been men who have acted in such a manner, as if they utterly disregarded all those in- estimable privileges, and (whether from private pique and personal dislike, or through mistake, I will not determine) have gone great lengths in risking our happiness, in the prosecution of such measures as did not at all square with the professions they frequently made, of their love to our government. " When I reflect on the several struggles which many of us, now present, have had with those men, in order to rescue the constitution out of their hands, which, through their mistakes (if they really were mistakes), was often brought on the brink of destruction, I cannot help cautioning you, in the most earnest manner, against all personal animosity in public consultations, as a lock, which if not avoided, the constitution will, at some time or other, infallibly split upon." This able man died in the latter end of the sum- mer, 1741. He had served in several considerable stations, both in the government of Pennsylvania and Delaware, with honour and integrity. He was a lawyer of considerable practice for many years; and acquired much reputation in that pro- fession. Conduct of Governor Thomas respecting the enlisting soldiers Assembly's address to Thomas Penn Ri- otous election in 1742 Indian affairs in Governor Thomas's administration He resigns the govern- ment in 1747 Succeeding administration and go- vernors Disputes as to money-bills and quit-rems Conclusion, During the administration of Governor Thomas, it is observed that the enlisting of indented or bought, servants for soldiers, was first permitted to be carried into execution, before the act of parlia- ment in that case was made. The number of bought and indented servants, who were thus taken from their masters, as appears by the printed votes of the assembly, were about 276; whose masters were compensated by the assembly for their loss sustained thereby, to the amount of about 2,588. This enlistment being disagreeable and injurious to many of the inhabitants, and contrary to ancient usage, John Wright, one of the people called Qua- kers, a worthy magistrate of Lancaster county, and a member of assembly, having spoken freely against it in the assembly, was, with many others, dismissed from his office as a judge ; but having got previous intelligence of the intention, he came to the court in May 1741, and took his leave, in a valedictory speech. Thomas Penn, one of tne proprietaries, being about to return to England, the assembly, in the August of 1741, presented him with the following address : " May it please the Proprietary, !t Gratitude to the first founder of our present happy constitution, the regard paid to his merit, and the hopes of continued obligations from his de- scendants, united the desires of many of the inhabi- tants of this province to see one of them at least settled within it : this was evident in the joy, which discovered itself in the minds of all sorts and de- rees of men, on thy arrival among us. " In transacting of public affairs (as in those which are private), a diversity of sentiments may have appeared, sometimes among ourselves, some- times perhaps with our proprietaries; and yet, as our different sentiments have been the result of honest minds, whose determinations (though possi- bly mistaken) were intended for the public good, it ought not, nor hath, erased those ties of gratitude, which we desire may ever remain between the de- scendants of our late worthy proprietary, and the freemen of this province. " The welfare of the inhabitants of this colony, and that of our proprietary family, seem to us mu tually to depend on each other, and therefore it is not to be wondered at, that we are so desirous of their residence among us : it being reasonable to think we are most secure from any attempts on our liberties, when the administration of government, and the management of the public affairs of the province are under the immediate inspection of those, whose interest it is to preserve our constitu- tion from any encroachments. " These considerations, as we are informed, the proprietary is determined to leave us, afford not the most pleasing reflections ; but, as we presume, the affairs of the family render it necessary, and are in hopes that either he himself, or some other of our proprietaries, will, in a little time return, it behoves us to acquiesce under it. Whatever little differences in opinion may have happened, we hope the proprietaries will believe the freemen of this province retain that regard which is due to them ; and would be glad of any proper opportunity of de- monstrating it : and such is our confidence in the proprietary family, that if any attempt shall be made to the prejudice of those rights (which under our gracious king we now happily enjoy), they will, to the utmost of their power, oppose it, and thereby lay us under like obligations for the continuance of those privileges which we readily own are due to. their worthy ancestor, for bestowing them. " As the welfare of this province hath so near a dependance on that of our proprietary family, our interest and duty enjoin our particular concern for them ; give us leave, therefore, on this occasion, to express our hearty desires for thy prosperous voyage, and safe return among us." To this address, the proprietary answered as follows : " Gentlemen, I thank you for the regard shewn to my family in this address, and for your good wishes for my prosperous voyage. " As I am "very sure both my brothers and myself have the true interest of the inhabitants of this pro- vince very much at heart, you may rest assured we will oppose any attempts that may be made on their just rights, wliich we think it is our indispensible duty to support. " The affairs of my family now call me to Eng- land ; and I cannot, at our parting, better evidence my regard for you, than to recommend it to you to act, in your station, as good subjects to the king, really sensible of the benefits you enjoy under his mild and equal administration ; and that you will take such measures for the defence of this provicee THE HISTORY OF AMERICA. as the present posture of affairs abroad require, in which you will have ail the assistance from the go- vernor, that can be expected from a gentlerr.an in his station, who has no view, but the king's honour, and the security of your constitution. " August 20th, 1741." Thomas Prnn, ou the death of his brother John, in 1746, became the principal proprietor, and pos- sessed three -fourths of the province. He lived the longest of the three brothers ; but he appears never to have been very popular in the province : he is said, in general, to have conducted himself rather too reservedly towards the people, and to have been too solicitous of his private interest. In the fifth year of Governor Thomas's adminis tration, in October 1742, at the annual election, for the members of assembly, in Philadelphia, hap- pened such an instance of the unwarrantable effect of party spirit, as, at that time, made a lasting im- pression on the minds of many of the inhabitants. Liberty, which had long been conspicuous in the province,' and of which the early inhabitants had, in general, so long showed themselves worthy, by not making an improper use of it, had drawn great numbers or' various .sorts of people into the country ; many of whom were persons of very different princi- ples and manners from those of the generality of the more early settlers, and many of their successors and descendants. Hence, in succeeding years, cer- tain symptoms of an approaching change in this valuable blessing, began to grow more and more conspi( uous, through the formation and increase of party, among many of the later inhabitants ; who in their elections for members of assembly, fomented the spirit of opposition against the " old interest," and the defenders of the established constitution of the province. In the year 1742, a large number of sailors from the shipping in the river Delaware, during the time of election, armed with clubs, unexpectedly ap- peared, in a tumultuous manner, and made a riot, at the place of election, knocking down a great num- ber of the people, both magistrates, constables and others, worthy and reputable inhabitants, who op- posed them ; and, by violence having cleared the ground, several of the people were curried off as dead. This ferocious conduct was repeated upon the return of the electors; till at last, many of the inhabitants, being enraged, took measures to force them into their ships, and near 5U of them into prison; but they were soon discharged: for it after- wards appeared that they had Been privately em- ployed by some party leaders. During Governor Thomas's administration, the Indian affairs seem mostly to have been well ma- naged, and peace continued with that people ; which had always been a matter of great importance, as well as expense to this province. But, as before observed, his ardour in pressing some matters of a military nature, appears to have introduced unpro- fitable altercation between him and the assembly ; but afterwards for many years before his resignation, which was in the summer of the year 1747, a much better understanding existed between them. In consequence of Governor Thomas's resigna- tion, the administration, as usual, devolved on the council, Anthony Palmer being president, till No- vember 1748; when Jaines Hamilton, of Pennsyl-" vania, arrived governor from England ; a gentle- man of considerable fortune in the province, and well esteemed by the people : the son of Andrew Hamilton, before mentioned. Governor Hamilton Continued till his resignation in October 1754; when ho was succeeded in the government, by Robert Hunter Morris of New Jersey, son of Lewis Morris, who had been governor of that province. In the year 1756, William Denny from England, succeeded Governor Morris ; and continued in the administration till 1759 : at which time he was suc- ceeded by James Hamilton, second time governor ; who continued till 1763. During the administration of these latter gover- nors, the party politics of the colony ran very high, relative to the paper currency, and to the exemp- tion of the proprietaries' lands from taxation. We have not thought it necessary to enter into the viru- lent disputes whkh agitated the legislature on these hotly contested subjects ; but to give some idea of them, we append the following document, which Franklin ^ays, in his account of the conduct of the assembly iu this contest, contains " as full a vindi- cation of themselves and their conduct, as is in the power of thoughts and v/ords to express ; and con- sequently as full an exposition of the claims and de- mands brought against them." " Report of a committee of assembly, September 23, 1756. " In obedience to the order of the house, we have considered the proprietaries' eleventh, twelfth, and 21st instructions, relating to money bills, and now offer such remarks thereon as occur to us. " The preamble to the eleventh instruction sets forth,' That the interest money arising from the loan of bills of credit in this province,was intended by the proprietaries, and the house of representatives, to be applied for the publick service of the province, and of the inhabitants thereof, and should therefore, under the direction of the same power that raises it, be most carefully applied to those purposes, as a greater security to the people against misapplica- tions, than if it was intrusted only to one branch of the legislature ; and such was the ancient practice in their said province.' That the interest money was intended to be applied for the publick service of the province, and of the inhabitants thereof, is un- doubtedly right ; but that it was ever the ' practice,' or that there was ever even a single instance of the proprietaries or their deputies having a vote in the application of the interest money, we must abso- lutely deny. Their consent to the disposition is not required iu any of our loan acts from the beginning to this day, the constant tenor of those laws being, that the ' interest money shall be disposed of as the assembly of this province shall from time to time order and direct.' Their consent was never asked, unless in the acceptance of presents made them out of that interest, which could not be forced on them without their consent; and that kind of application they have indeed been graciously pleased to consent to from time to time, to the amount of above 30,000/. given to themselves out of that fund and the excise. If this was a misapplication, and we know of no other, the power they contend for would not have prevented it; for 'tis scarce probable they should ever disapprove or refuse to sign acts, votes or re- solves, which they thought so just and reasonable. " And indeed, had these presents been always as regular as the seasons, and never intermitted, be the conduct of the governor ever so inconsistent with the publick good, your committee have reason to be- lieve, this new instruction had never been formed or thought of. But since the representatives of the people have dared to signify their disapprobation of UNITED STATES. 889 a governor's measures, by withholding those tokens of their esteem, affection and gratitude, which were constantly given when they found themselves well governed ; this instruction is thought necessary to be inforced. Not for the greater security of the people against misapplication ; for they never com- plained of any ; but to compel your continuance of those presents; to compel an addition to them, for they are thought too small; and to compel the pay- ment of what they are pleased to call the arrears of such presents to any governors from whom they have at any time been withheld. For if the people's money cannot be disposed of for their own benefit, without the proprietary or bis deputy's consent, the passage of the bill, or the approbation of the re- solve, must be facilitated, as the proprietaries were pleased to tell us on a former occasion, by a regard to their interest, that is, by putting at the same time into their private pockets whatever share of the publick money they shall be pleased to insist on, under the specious name of salary or support ; though by the quit-rents, and even by their other fees and perquisites, established by law or taken by cus- tom, they have already a support much more than sufficient. " The money arising by the interest of the bills of credit, as well as that arising by the excise, is paid wholly by the people. To dispose of their own money, by themselves or their representatives, is, in our opinion, a natural right, inherent in every man, or body of men, antecedent to all laws. The proprietaries pay no part of this money, and therefore can have no right to a share in the power of disposing of it. They might as reasonably claim a right to a negative in the disposition of every man's private fortune, and for the same reasons, to wit, the man's greater security, and to prevent mis- application ; nay, the reasons would be stronger, bodies of men not being generally so apt to mis- apply their money, as single prodigals. The people have never complained that any such misapplication has been made by their representatives : on the contrary, they have shewn their approbation of the conduct of the assembly in this tender point, by long repeated annual elections of the same men to the same trust in the same office. They have always seen their money disposed of, from time to time, for the advantage and honour of the pub'.ick, or for the king's immediate service, and they had reason to be contented with the disposition^ "The public cre- dit has been constantly preserved, and every man who served the government, has been always duly and readily paid : bat if this new-claimed negative in the proprietaries takes place, the people will not have it in their power to reward the man that serves them, or even to pay the hire of the labourer that works for them, without the governor's leave first purchased; much less will they be allowed to sup- port an agent in England to defend their rights, or be able to pay the expence of prosecuting their com- plainls when oppressed. And to prevent their doing this, is, we conceive, another main view of this instruction. " In short, it does not appear to your committee that this extraordinary instance of the proprietary's care of the people's money, to prevent its being wasted by their own representatives, was for the people at all necessary. Those representatives them- selves are a part of the people, and must bear a share of their burdens. For their own sakes, there- fore, as well as to recommend themselves to the esteem and regard of their constituents, it is highly probable they will execute that trust, as they always have done, with justice, prudence and frugality ; with freedom to the king's service, and grateful genero- sity to governors that sincerely seek their welfare, and do not join with the proprietaries to oppress them. But this instruction might perhaps be ne- cessary to extort those grants to governors which they have been pleased to stile salary, and render that certain, which before depended on the good will of the people : for how else can the proprie- taries be sure of that share of those grants, which, by their private contracts sometimes made with their governors, is (if report says true,) to be paid to themselves ? " The proprietaries are however willing to permit the renewal of the 80,000/., which is now to sink in a few years, and even the adding 40,OOOJ. more, the whole to be emitted on loan, provided, that the eleventh instruction be complied with, ' and half the power of applying the interest reserved to them-, and provided, that all rents and quit-rents due, or to be due or payable to them, be always paid accord- ing to the rate of exchange at the times of payment between Philadelphia and London, or some other sufficient provision enacted in lieu thereof, as was done by a former act.' Your committee cannot help observing here, that the proprietaries' tender- ness for their own interest appears in this instruc- tion much stronger than their care for that of the people. Very great emoluments arise to them by emissions of paper money on loan, and the interest money is a tax they are clear of. They are there- fore willing the quantity should be encreased ; but whatever advantages they receive from it, they are resolved to suffer no disadvantage from any occa- sional depreciation : for they will always be paid their rents and quit-rents, according to the rate of exchange between Philadelphia and London. By the original agreements, those rents and quit-rents were to be paid in sterling money (or the vslue in coin current,) to the proprietary receivers in the province. A bill of exchange, besides the sterling sum conveyed, includes all the freight, risk and expense of conveying that sum in specie to London. Now we conceive the people are not, nor can in justice or reason be, obliged to transmit their rents to London, and pay them there to the proprietaries. If the proprietaries should think fit to remove to China, they might as justly add to their demand the rate of exchange between London and Canton : this therefore is extortion, and ought never to be allowed in any future act, nor an equivalent made for it. For had that equivalent been really given as a matter of justice, and not extorted, as purchase money for the law, it would have been extended to the re'nts of private landlords, as well as those of the proprietaries. Besides, the great sums to be yearly remitted to them in London, for which no returns come back to the country, naturally tend to raise the exchange ; and even put it in the power of their agents to raise it occasionally, just before the periodical times of payment (to the great injury of the people), and to lower it again at their plea- sure ; a dangerous power this, if no inconvenience can arise to themselves by the rjse of exchange ! The depreciation of money in every country where it happens, is a common calamity. The proprie- tary estate ought not to be exempt from it, at the xpence of all other estates. There are many fixed ground-rents, and other rents arising in the pro- vince belonging to the people, and due to private estates. These rents have as much right to be con- 890 THE HISTORY OF AMERICA. sidered, and their deficiency, in case of deprecia- tion, provided for out of the publick funds, as those of the proprietaries. But of these they take no care, so their own are secured. It appears, how- ever, to your committee, that all rents in the country ought to be on the same footing, with re- gard to any loss by the depreciation of its cur- rency, since that is less likely ever to happen which it is the interest of all to prevent. " Your committee now come to the twenty-first instruction, by the preamble of which it is insinu- ated, as if acts for provincial taxes had been com- mon in this province, and that the proprietary's estate had been always exempted in such acts ; whereas the truth is, that there never were but two or three, and those in the early times of the pro- vince, when the proprietary's circumstances were low, hisi affairs encumbered, and the quit-rents so small, as to be insufficient for his support, and therefore they were not only exempted from any part of such tax, but duties and licence fees were granted to help them out. For more than 40 years, as the excise and interest money have been sufficient for support of government, no provincial taxes have been levied (in this very instruction, a little lower, they themselves acknowledge none have been raised in their time), and the proprietary estate has vastly encreased : those licence fees are also vastly encreased, and yet they still receive them. But that their estate should now be exempt from provincial taxes, raised for the defence of that very estate, appears to us extreamly unreasonable. During the distress of the family, there was like- wise a voluntary subscription among the people to pay the proprietary's passage to England: they may from thence as justly claim a right of having their expences borne by the public whenever they cross the seas. But when those aids were granted to the old proprietary, he had a much better claim to them than his sons; for he undertook to act as an agent and advocate for his people, in England ; to defend and secure their rights and privileges ; not like his successors, to abolish and destroy them. "The instruction farther says, that ' since the ex- piration of those former laws, no aid hath ever been granted by the assembly to them as proprie- taries.' As proprietaries, what right have they to aids? Are they not hereditary governors of the province ? and while they have indulged them- selves with an almost constant residence in Eng- land, remote from their country, and greatly to its inconvenience and prejudice, have not the assem- blies constantly supported their deputy, sent by the proprietaries ^o do what they ought themselves to have done in person ; though he was often an im- perfect deputy, restrained in those powers which should always subsist and be present in every go- vernment for the common welfare ? But they are pleased to say, ' they have voluntarily and chear- t'ully expended several considerable sums of their own money for the advancement of the province.' This they said likewise to a former assembly, and the answer was, ' We are unacquainted with these expences ; let the accounts be laid before us, and whatever expenc appears to have been made for the service of the province shall be allowed, and repaid with thanks.' Those accounts have never yet appeared ; and till they do, we think they ought not to be made the foundation of any claim whatever. " They say' farther, ' that they had no reason to suspect that the assembly would deviate so much from the former usage, as to pretend, by any act of theirs, to charge the proprietary estate in the pro- vince with the burden of any taxes.' Amazing ! If the assembly deviated from the former usage, by taxing their own estates, and those of their constituents (their usual funds failing) why should they not deviate in the same manner in taxing the proprietary estate ? And what are the particular merits of this family, that when the whole British nation, when every estate in the kingdom, as well as in this province, is taxed, towards the recovery and defence of their estate in Pennsylvania, that very estate alone should be exempted, and they so confident of its right to an exemption, as to have no reason to suspect the assembly would attempt to tax it. " But it seems ' the assembly have represented them in an untrue light, as if unwilling to assist the publick, by contributing towards the defence of the country, though no application had ever once been made to them for that purpose.' How far they are placed in an untrue light on this account, will, we presume, appear before we finish this re- port. It appears too, by a report of a former com- mittee. They likewise say, ' no application was ever once made to them for their assistance towards the defence of the country.' Heretofore it was thought that the country was best defended by maintaining peace and a good understanding with the Indians. This was done from year to year by expensive and repeated presents. The proprietary reaped great advantages from this good understanding and these presents, in his bargains with the Indians for lands. The expences grew yearly more and more heavy, and repeated humble applications were made to the proprietaries, that they would be pleased to bear a part, but without success. They vouchsafed indeed an answer to the last application, but it was to re- ject it with the utmost pride and scorn, claiming an inherent right of exemption of their estate from all public charges whatsoever, in virtue of their being governors as well as proprietaries. And the Sixty Thousand Pound Bill is called an attempt of the as- sembly, by ' an act of theirs,' to charge the proprie- tary estate, as if they had presumed to do it aloue, by their own authority. The assembly could not pos- sibly think of taxing the proprietary estate, without the consent of the proprietaries by their deputy ; the bill was therefore another humble application to the proprietaries for their consent to a thing so reasonable : and the very stile of it was, ' we pray that it may be enacted.' But that prayer could not be granted, though the province was on the brink of ruin. And yet it seems the proprietaries were not 'unwilling;' though their deputy do- clared they had expressly restrained him even by the words of his commission ! The bill, however, is stigmatized with the character of ' most unjust and extraordinary.' Thus it is, when men judge in their own cases. These gentlemen think it un- just to tax their estates, though all the world thinks otherwise. As provincial taxes had not been usual, it might be so far extraordinary ; but the mode of taxation was by no means extraordinary, being the same with that of raising our county rates and le- vies, long used and approved by the province. And the taxing of proprietary lands is ust-d both in New Jersey and Maryland; and located unimproved lands have formerly been taxed in this province. Had such been taxed every where from the first settlement of America, we conceive it would have tended to the increase of the inhabitants ; and the UNITED STATES. 891 greater strength of the colonies ; for then such im- mense quantities of land would not have been mo- nopolized and lain dormant, but people would more easily have obtained settlements, and been seated closer together. "But the proprietaries would have it understood, that it is not for their own sake only, that they object to the Fifty Thousand Pound Bill which was refused, or the Sixty Thousand Pound Act that passed. They are tenderly concerned for the estates of others. No part of the lands of a delinquent, who refuses or neglects to pay his tax, ought, in their opinion, to be sold for payment ; though lands in America are by act of parliament made liable to be sold for discharge of debts, and were almost always so here by the laws of this province. If lands, or parts of land may be sold to satisfy private, why not publick debts ? And though it be unusual in England, it has long been the practice, as we are informed, in several of the colonies, particularly in New England. But they say, a ' tax of one shilling in the pound, on the whole value, is what never was laid, nor can possi- bly be paid, in any country.' Strange ! may not a country in imminent danger give a twentieth part of their estates to save the other nineteen ? Is it impossible even to give a half, or three-fourths, to save the other half or quarter ? May they not even give nineteen parts to save the twentieth ? The proprietary's gift of 5000*., they afterwards say, is twenty times more than their tax, if fairly and equally assessed, could by that bill have amounted to. If so, it is possible to give the whole twenty parts. But it has always been understood, that estates are not to be taxed to the full value they might singly sell for. In the same bill it was provided, that located unimproved lauds should not be valued in the rates at more than 15*. per 100 acres ; when it is well known, that the proprietary's lowest price for wild lands on the frontiers, is 15*. 10*. per hundred; and that the located un- improved lands in their manors, are, some of them valued at 300*. or 400*. per 100; they may therefore well say, that 'if that tax had been fully assessed, it must have amounted to many times the sum ;' but then their next assertion is somewhat inconsistent, viz. : That the bill laying this tax was ' most unjustly calculated for the pur- pose of putting it in the power of the assessors to tax the proprietary estates up to the full value, and to ease other persons, by taxing them so lightly as only to make up the residue of the 50,000*., in which case, much the greatest part of the burden might have been laid on the proprietary estates alone.' The value of the proprietary estate has long, for prudential reasons, been kept a profound secret ; and the proprietaries have lately given 5000*. rather than submit it to the inquiry of the as- sessors. But your committee conceive some light may be obtained on that head, from this part of the instruction compared with the Fifty Thousand Pound Bill. By that bill, their wild, unsurveyed, or unlo- cated lands, which are many millions of acres, were not to be taxed at all, thoug'h they never sell any of them for less than 15*. 10s. per 100 acres. Their taxable estate consists chiefly in located (though uncultivated) tracts and manors, and in the re- served quit-rents arising from the lands they have sold. These manors and tracts are generally choice, being of the best lands, picked out of every new purchase from the Indians by their surveyors, before the office is opened, and laid by for a market, not to be disposed of till all the surrounding lands are sold and settled. This has increased their value prodigiously, so that they are now, one with an- other, valued at more than 300*. per 100: yet by the bill, they were not to be taxed as worth more than 15*. per 100. And they own, that by the .same bill, ' their quit-rents were to be taxed in the same manner as other estates,' consequently, as great an abatement to be made in the valuation. And yet by this same bill, under this very moderate valuation of their estate, they say, it would have been in the power of the assessors to have laid much the greatest part of the burden on their estates alone. Now, much the greatest part of 50,000*. may be 40,000*. ; but we will say (for mo- deration's sake) it is only 30,000*., and that sum might have been raised by that bill, on the proprie- tary estates, in two years, by a tax of one shilling in the pound, i.e. 15,000*. per annum. The shil- lings in 15,000*. are 300,000, consequently, their estates at that low valuation are worth 300,000*. But if you multiply that valuation by twenty, to bring it nearer the truth, those estates must amount to 6,000,000*., exclusive of their wild lands as aforesaid. If this computation be too high, they may be able hereafter to show its mistakes. At present we conceive the consequences fairly drawn from facts and their own premises. And yet this their enormous estate is, by their instructions, to be exempted, while all their fellow-subjects groan under the weight of taxes for its defence ! it being the first attacked in the present war, and part of it on the Ohio, the prize contended for by the enemy. For though they, towards the end of this instruc- tion, pretend to be ' most ready and willing to bear a just proportion along with their tenants in any necessary tax for the defence of the province,' yet this appears clearly to be a mere pretence, since they absolute 1 }- except their quit-rents, and their located unimproved lands, their fines, and the pur- chase-monies they have at interest ; that is, in a manner, their whole estate, as your committee know of little they have left to be taxed, but a ferry-house or two, a kitchen, and a dog-kennel. " But unimproved lands should not, in our pro- prietaries' opinion, pay any taxes, because ' they yield no annual profit.' This may deceive people in England (where the value of land is much at a stay), as they are unacquainted with the nature of landed estates in growing plantations. Here new lands, without cultivation, without fencing, or so much as cutting down a tree, being reserved and laid by for a market till the surrounding lands are settled, improve much more in yearly value even than money at interest upon interest. Thirty years ago, the best and richest lands near the proprietary's Conestogoe manor, were worth and sold for about 40*. per 100 acres. That manor was then laid our. and reserved, containing near 17,000 acres : and now the lands of that very manor, which, though so long located, have never yet been cultivated, will sell for 350*. per 100 acres ; which is near nine for one, or 800 per cent, advance ! Can an estate thus producing 25 per cent, per annum on the prime cost, be with any propriety called, ' an estate yielding no annual profit?' Is it not a well- known practice in the colonies, to lay out great sums of ready money for lands, without the least intent of cultivation, but merely to sell them again hereafter? Would people follow this practice if they could not make more profit of their money in that way than by employing it in improvement of land, in trade, or in putting it to interest, though 892 THE HISTORY OF AMERICA. interest in the plantations is from six to ten per cent. Does not such land, though otherwise unim- proved, improve continually in its value ? How mean and unjust is it then, in these gentlemen, to attempt to conceal the advantages of this kind of estate, and screen it from taxes, by lurking under the ambiguous and deceitful terms, of unimproved lands, and lands yielding no annual profit ? " Meanly unjust indeed, in this instance, do they appear to your committee ; who cannot but observe, that the proprietaries, knowing their own inclina- tions to screen their own estates, and load those of the people, from thence suspected the people might be equally unjust, and intend, by the Fifty Thousand Pound Bill, to ease their estates, and load those of the proprietaries. ' The bill, say they, appears to us to be most unjustly calculated, for the purpose of putting it in the power of persons, wholly chosen by the people, to tax our estates up to the full value therein mentioned, and to ease other persons by taxing them so lightly, as only to make up the re- sidue that might be wanted to complete the 50,UOO/. In which case the persons chosen by the people might have laid by much the greatest part of the burden upon our estates alone.' Had they intended to raise much the greatest part of the tax of 50,000. on the proprietaries' estate, would the house so rea- dily have accepted of 5000. in lieu of their share of that tax ? But why this suspicion of the assem- bly ? What instance of injustice can the proprieta- taries charge them with, that could give ground for such a supposition ? If they were capable of "such an intention, and an endeavour to get iniquity es- tablished by a law, must they not be the most unjust and dishonest of men ? The assessors, it is true, are chosen by the people ; they always were so by our Jaws ; and let a man's estate be ever so great, he has but one vote in the choice of them : but have the proprietaries no friends in the province? What is become of all their dependants and expect- ants ; those in place, or hoping for places; the thousands in their debt; the mortgagors at their mercy ? Will none of these, out of love, or hope, or fear, vote for honest assessors, that may take care the proprietary is not oppressed by the weight of an unjust tax? Could the assembly be certain, that the whole people were so wicked, as to join in choosing aud trusting sets of dishonest assessors, merely to wrong the proprietary ? Are there no laws in the province against perjury? Are not the assessors by law to be sworn or affirmed to as- sess themselves and all others impartially? and have they not always been chosen as men of note for probity and justice ? What a dark prospect must a man's own heart afford him, when he can from thonce form such ideas of the hearts of a whole people ! A people famous throughout the world for the justice and equity of their laws, the purity of their manners, their humanity and hospitality to strangers, their affection to their late honoured proprietary, their faithfulness in their manufactures and produce, and uprightness in all their dealings ! and to whose virtue and industry these very gentle- men owe all their present greatness ! " The proprietaries are pleased farther to say, ' That the laying taxes on the real value of the fee- simple, and the sale of land for the payment of taxes, are contrary to the laws and statutes of Great Britain.' Your committee cannot find that any laws or statutes were ever made in Great Britain to regulate the mode of laying taxes in the planta- tions; and if there are none such, our bill could not be contrary to what never existed. In Virginia the taxes are laid on slaves, and paid in tobacco; and every colony has its own mode of taxation, suited to its own circumstances, almost all different from each other, as well as from that used in Eng- land. But different from, and contrary to, we conceive to be distinct and different things; other- wise many of our laws, even those which have been approved at home, and received the royal assent, are contrary to the laws of England. But, as we said before, the laws of England themselves make lands liable to pay debts in the colonies ; and there- fore to sell them, or a part of them, to pay public debts, is not contrary to, but conformable with, the laws of England. " But the proprietaries ' cannot find that the quit- rents reserved to the crown, in any of the other American colonies, have ever been taxed towards the raising any supplies granted in those colonies ; and indeed those quit-rents are generally so small, (meaning the king's quit-rents, we suppose, for their own surely are large enough), that little or no land tax would be due or payable on them, if arising in Great Britain, &c.' If your committee are rightly informed, the king's quit-rents in the other colonies, are applied to public purposes, generally for the service of the colony that raises them. When our proprietaries shall think fit to apply those arising here in the same manner, we believe no assembly will attempt to tax them. The smallness of the parts we cannot conceive to be a good reason for not taxing the whole. Where every man worth less than twenty shillings a year is exempt from taxes, he who enjoys a thousand a year might, as well as our proprietaries, plead to be excused, for that his income is only 20,000s., each of which shillings is far within the sum exempted by law. In the whole, though what arises from each estate be no great sum, their quit-rents must amount to a very great revenue; and their speaking of them in the diminu- tive terms of very small quit-rents or acknowledg- ments, is only to amuse and deceive. They are property ; and property should pay for its own pre- servation. They ought therefore to be taxed to the defence of the country. The proprietaries indeed say a land tax was unnecessary, as there are many other ways of raising money. They would doubtless choose any way in which their estate could not be included. But what are those mauy other ways? Britain, an independent state, can lay infinite du- ties, on all foreign wares, and imported luxuries. We are suffered little foreign trade, and almost all our superfluities are sent us from Britain itself. Will she permit us to discourage their importation by heavy imposts? or to raise funds by taxing tier manufactures ? A variety of excises and duties serve only to multiply offices and officers, and to make a part of the people pay for another part who do not choose to pay. No excise or duty was ever a fair and equal tax on property. The fairest, as the proprietaries themselves have acknowledged, is a poundage on all real and personal estate, accord- ing to its value. " We are now to hear of the generosity of the pro- prietaries, who, as they say, 'were so far from desiring not to contribute to the defence and support of his majesty's rights and dominions, that immediately on the first notice of the defeat of General Brad- dock, they had sent over an order upon their re- ceiver-general, to pay 5, GOO/., as a free gift towards the defence of the said province.' We may pre- sume to at-k why, when they knew tho UNITED STATES. 893 were continually worried to give money, and the bills in which it was offered as constantly rejected; happy situation, the prostiate condition of our bleeding country, the knife of the savages at her why did they not unmanacle ' eir governor, and at throat, our soldiers ready to mutiny for want of pay the same time set an example of zeal for the coin- j and necessaries, our people flying in despair from mon cause by a generous gift on their part, before j the frontier for want of protection, the assembly was they heard of that defeat ? Why not, as soon as j compelled (like Solomon's true mother), to wave they knew he was sent to America? Why not, on ' " Washington's defeat, or before his first expedition, as soon as ever their province was attacked, and they learnt that tho enemy had built a fort in it? But the truth is, the order was sent, not immediately on the news of Braddock's defeat ; the date of the order will show that it was a month after that news arrived in England. But it was immediately after they had advice, that the governor had refused a grant of 50,000/. to the crown for the defence of the proprietaries' province, because their estate was taxed in the bill, alledging restrictions from them on that head ; against which all the world exclaimed, and an universal odium was falling on their heads, and the king's wrath justly dreaded ; then it was, that the boasted order issued. And yet, as soon as | proprietary estate disproportionately, &c.' is, to our their fears subsided, it was sincerely repented, and every underhand step taken to get the act, in which their gift was fixed, disapproved at home ; though, her right, to alter our money-bills, abridge our free grant to the crown by one half, and, in short, to receive and enact a law not agreeable to our judg- ments, but such as was made for us by the proprie- tary instructions, and the will and pleasure of the governor's council; whereby our constitution, and the liberties of our country are wounded iu the most essential part, and even violated and destroyed. We have reason to confide, however, in the justice of our sovereign and a British parliament, that this tyranny shall not long subsist; and we hope no time will be lost in making the proper application. " In tine, we must say, in justice to the house, that the proprietary's charge against the assembly, as ' being inclined by their authority to tax the if they had succeeded, when the bills emitted were poor soldiers, who had received them in pay for their services, would have been ruined, and multi- knowledge, groundless and unjust. They had as little inclination as authority to wrong him. They have not, it seems, authority enough to oblige him to do justice. As to their inclination, they bear abroad, and in the hands of the publick, many of the everyone of them, and maintain, the character of honest men. When the proprietaries shall be truly willing to bear an equitable part of the publick burden ; when they shall renounce their exorbitant tudes of others greatly injured. And, after all, this free gift, to be immediately paid, is not yet paid, j demand of rent a's the exchange shall then be ; though more than a year is elapsed since the order was given ; and contracts entered into by the com- missioners in confidence of receiving that money, are yet unsatisfied, to the loss and disappointment of many, and great detriment to the service. " However, if we will have a land tax, they are pleased to form a bill for us, or at least to direct what clauses shall be in, and what shall not be in it, thus violating the most essential right of the commons in a British constitution ! and with this particular injunction, that the tax shall be laid for no more than one year; and shall not exceed four shillings in the pound ou the income; which, esti- mating estates at twenty years' purchase, is about a fifth of a twentieth, or, in plainer words, a hundredth part of the value. Perhaps this may be well enough in times of tranquillity; but when a province is invaded, must it be given up to the enemy if a tax of the hundredth penny is not sufficient to save it? Yes, that is our present situation ; for the proprie- taries' instructions are, it seems, unalterable. Their governor is bound to observe and inforc* them, and must see the king's province perish before his eyes, rather than deviate from them a single tittle. This we have experienced within a few days, when advantage being cruelly takeu of our present un- make restitution of the money which they have exacted from the assemblies of this province, and sincerely repent of their extortion, they may then, and not till then, have some claim to the same noble title" In the year John Penn, son of Richard Penn, one of the proprietaries, succeeded Governor Hamilton, in the administration, and continued till 1771 : when the government devolved on the coun- cil, James Hamilton being president for a short time ; till in the latter part of the same year, Ri- chard Penn, brother of Johu Peun, arrived from England, invested with the powers of government. Richard Penn was superseded in the administra- tion by his brother, John Penn, who became a se- cond time governor of the province, in the latter part of the year 1771. In the early part of the revolutionary war the people adopted a new constitution, by which the proprietor was excluded from all share in the go- vernment. He was offered, and finally accepted the sum of 570,000 dollars, in discharge of all quit- rents due from the inhabitants. We have thus brought down the history of Penn- sylvania to that period from whence we intend to give a collective history of all the states. MARYLAND. Origin Government First settlers House of assem- bly Laws Ingle's insurrection Power of taxa- tionState during the protectorate On the acces- sion of William and Mary Inspection of t/ie church Establishment of the Protestant church Value of the colony to the proprietary General view of it. THE history of Pennsylvania has necessarily in- eluded so much of the affairs of this state, owing to the dissension of the proprietors, that we shall be very brief in our present notice. This state was granted by a patent of King Charles I., June 30, 1632, to George Culvert, Baron of Baltimore, in Ireland, who had been obliged, on account of the French government, to abandon the province of Avalon, in Newfoundland, after having expended 25,000/. in its advancemf-nt. The government of this province was by charter vested in the proprietary ; but it appears that he either never exercised these powers alone, or but for a short time; for we find, in 1637, that the freemen rejected a body of laws drawn u-p in Eng- land, and transmitted by his lordship, in order to be passed for the government of the province. In the place of these they proposed 42 bills to be enacted into laws, by the consent of the proprie- tary : these were, however, never enacted, at least they are not on record. The first emigration to Maryland consisted of 200 gentlemen, of considerable fortune and rank, with their adherents, chiefly Roman Catholics, who hoped to enjoy liberty of conscience under a pro- prietary of their own profession. They sailed from England in November 1632, and landed in Mary- land the beginning of 1633. The honourable Leo- nard Calvert, brother to Lord Baltimore, who was the first governor, very wisely and justly purchased, by presents of various goods, the rights of the In- dians, 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 fur- nished with so many conveniences, that emigrants repaired thither in such numbers, and the colony soon became populous and flourishing. In 1638 a law was passed, constituting the first re- gular house of assembly, which was to consist of such representatives, called burgesses, as should be elected pursuant to writs issued by the governor. These burgesses possessed all the powers of the persons fleeting them; but any other freemen, who did not assent to the election, might take their seats in jerson. Twelve burgesses or freemen, with the lieutenant-general and secretary, constituted the assembly or legislature. This assembly sat at St. Mary's. Slavery seems to have gained an early establish- ment in Maryland, for an act of this assembly de- scribes " the people" to consist of all Christian inhabitants, " slaves only excepted." The perse- cuting laws which were passed by the Virginians, soon after this period, against the Puritans, made the latter emigrate in considerable numbers to Ma- ryland, that they might enjoy, under a Popish pro- prietary, that liberty of conscience of which they were deprived by their fellow Protestants. In 1642 it was enacted, that ten members of the assembly, of whom the governor and six burgesses were to be seven, should be a house ; and if sickness should prevent that number from attending, the members present should mike a house. In 1644 one Ingle excited a rebellion, forced the governor to fly to Virginia for aid and protection, and seized the records and great seal ; the last of which, with most of the records of the province, were lost or destroyed. From this period, to the year 1647, when order was restored, the proceed- ings of the province are involved in almost impene- trable obscurity. In July 1648, the house of assembly, or more properly, the burgesses, requested that they might be separated into two branches the burgesses by themselves, with a negative upon bills. This was not granted by the lieutenant-general at that time; bat in 1650 an act was passed, dividing the assem- bly into two houses ; the governor, secretary, and any one or more of the council, formed the upper house; the delegates from the several hundreds, who now represent the freemen, formed the lower house. At this time there were in the province but two counties, St. Mary's, and the Isle of Kent, but another (Ann Arundel) was added the same ses- sion. This was during the administration of Go- vernor Stone. In this year there was also passed " an act against raising money without the consent of the assembly." It enacted, " 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 are worthy of particular notice. The acts of the gene- ral assembly and governor were of the same force in their own province as acts of parliament in Eng- land, and could not be repealed without the concur- ring assent of the proprietary or his deputy, with the other two estates. In 1654, during Cromwell's usurpation in Eng- land, an act was passed, restraining the exercise of the Roman Catholic religion. This must have been procured by the mere terror of Cromwell's power, for the first and principal inhabitants were Catho- lics. Indeed the power of Cromwell was not esta- blished in Maryland without force and bloodshed. His friends and" foes came to an open rupture, an engagement ensued, Governor Stone was taken prisoner, and condemned to be shot ; this sentence, however, was not executed, but he was kept a long time in confinement. In March 1658, Josiah Fendall, Esq. was appointed lieutenant-general of Maryland, by commission from Oliver Cromwell; he dissolved the upper UNITED STATES. 895 house, and surrendered the powers of government into the hands of the delegates. Upon the restoration it reverted to Lord Balti- more, who, about the year 1GG2, sent over his son, Charles Calvert, to be his governor of the province, he having previously obtained a confirmation of the grant of 1631. This gentleman, who was after- wards himself Lord Baltimore, proved one of the best governors that any English plantation ever had in America. Though he was a Roman Catho- lic, he passed an act of the assembly, by which all Christians of every denomination had liberty to settle in the province ; and his administration was so mild, moderate, and impartial, that the English inhabitants of Maryland, so early as the year 1665, amounted to 16,000. Even the Indian nations sub- mitted to his authority; and when a chief called N-xocosco, was chosen what they call emperor of Piscataway, his election was not thought to be valid, till it was confirmed by the governor of Maryland. In every other respect he kept his promises of pro- tection and encouragement to the Protestants as well as the Papists ; nor is there, during all the time of his long government, (for he resided there twenty years,) a single instance of an invasion upon the rights, properties, or privileges of any indi- vidual. Sir William Berkeley, a violent royalist, was at this time governor of Virginia, where many severe laws passed against the dissenters. This son of the church of England drove great numbers of them into Maryland, where they were received with open arms, and kindly entertained by the popish proprie- tary. In the year 1677, the Indian war in Vir- ginia communicated itself, but in a very small de- gree, to Maryland, and tranquillity was soon restored all over that province by the proprietary's wisdom and moderation. The comprehensive maxims of Lord Baltimore did not suit those of James II. when he mounted the throne of England. Though he had granted liberty of conscience to all the sectaries in Great Britain, that he might the more easily establish the Roman Catholic religion there, yet his popish counsellors suggested to him, that such a toleration ought not to take place in a province where the bulk of the people were already Roman Catholics. A resolution was therefore taken to de- prive Lord Baltimore of the right to nominate a governor to his province of Maryland. Even after the revolution, the design of taking from him the right of nominating the governor of Maryland was still pursued. Advantage of the acts of parliament against Papists was taken against him, but Lord Baltimore had the spirit to dispute his right inch by inch at the council-board; and though his lord- ship retained that of proprietary, he was deprived of that of naming a governor, or a council, which power was vested in the crown. King William appointed Sir Edmund Andros to the government of Maryland. This gentleman called together an assembly in 1692, who recognised the right of King William and Queen Mary to the crown, and to pre- vent any inconveniences arising from the alteration of the judicature in the province, an act was passed, confirming all law proceedings, excepting where there was any error in process or pleas. When an act of parliament passed concerning the succession of declared Papists to paternal inheritances, the Balti- more family very wisely declared themselves Pro- testants, and were ever after eminently attached to the existing constitution in church and state. Sir Edmund Andros was succeeded in the govern- ment of Maryland by Colonel Nicholson, who passed the act of confirmation above mentioned ; in which there is a proviso, that nothing in the act should justify Sir Edmund Andros in taking and disposing of the public revenues, or debar the assembly, or any other person, of their right or claims to the same. The proprietary enjoyed, as before, the re- venues of the province, arising by grants from the assemblies, the exportation of tobacco, the sales of uncultivated and unpurchased lands, and various other articles ; all which constituted a very consi- derable income. Maryland preserved the p'rivilege of not submitting her laws to Great Britain for confirmation, as long as it was subjected to that kingdom. It was natural for the government of England, after the revolution, when the crown had appropriated to itself the appointment of the gover- nor, to inquire more minutely into the state of Maryland than into that of any other of the Ameri- can colonies, both as to its ecclesiastical and civil constitution. In 1692 it was thought proper that the bishop of London should appoint a commissary in Maryland, and he made choice of Dr. Thomas Bray, who went thither to inspect the church affairs of the province, which he found in great disorder, through the influence of the Papists on the one hand, and that of the Quakers on the other. An act of the assembly that same year, divided the then counties into 30 parishes, sixteen of which were supplied with ministers, provided with livings. By the doc- tor's care likewise, the people were furnished with many books of Protestant practical devotion, and sereral chapels were erected. The stipends allowed to the ministers were fixed by a perpetual law to be according to the taxable individuals in each parish. Every Christian male of sixteen years old, Knd Ne- groes, male and female, above that age, to pay 40 pounds of tobacco yearly to the minister, to be levied by the sheriff, and thereby each minister, one with another, would have an income of about 20,000 pounds weight of tobacco, equivalent to about 100/. sterling a year. This encouragement was greatly owing to Colonel Nicholson's zeal ; for be- fore his time the people of the colony had never seen any divines of the church of England, except- ing some itinerent preachers, whose morals were a reproach to their profession. This neglect had given the papists, and the other sectaries, a great sway over the bulk of the people ; but in a few years the latter were so well reconciled to the church of En- gland, that it became the chief religion in the pro- vince; and their audiences were even crowded. Colonel Nicholson left his government with a good character, and was succeeded by Colonel Na- thaniel Blakiston, who promised to tread in the steps of his predecessors ; but he was obliged to re- turn to England for the recovery of his health ; and, in 1703, her majesty was pleased to appoint Colonel William Seymour to be governor. This gentleman, in his passage to Maryland, in the Dreadnought man of war, was forced to put into Barbadoes, and, being afterwards driven off the coasts of Maryland, t was above eight months from his departure from England before he arrived at his government. He likewise had a good character : and the most re- markable of the succeeding governors were the Colo, nels Corbet and Hunt, Mr. Calvert, Mr. Bladen, and Mr. Ogle. The allowance of the governor's salary was by agreement, with the proprietary, and there- fore uncertain ; but the value of the proprietary's own revenue was very considerable. His original ]uit-rent was fixed at two shillings sterling a year THE HISTORY OF AMERICA. for every 100 acros. In time ho patented vacant lands for double that sum, and at last he endea- voured to raise the quit-rent to ten shillings for every 100 acres; but failed in the attempt, though there is little room to doubt, that in the subsequent flourish- ing state of Maryland ho may have received that sum. .Some years after the assembly, with the con- sent of the lord-proprietary, granted him in lieu of his quit-rents for three years, a revenue of three shillings and sixpence sterling duty on every hogs- head of tobacco, to be paid by the shipper. By this expedient the landed interest was cased of the burden of quit- rents; but this scheme did not hold. The lord-proprietary, by this new method of collec- tion, received no more than 5000/, a year ; and therefore, upon the expiration of the three years, he reverted to the revenue arising from his quit- rents. Besides those, he had large estates in many parts of the province, which he let to farm. The situation of Maryland, which secured it in a great measure from the rapine and incursions of the Indians, has at all times preserved it in a tolerable state of tranquillity ; and consequently it affords but little subject for history ; the natives having wisely applied themselves to the culture of their country. And as the remaining portion of its history until the revolutionary war, is best learnt in the progress of its domestic affairs, we shall conclude this part of our account with a slight view of its interaal condition. This state is situated between 38 and 40 degrees north latitude; its length is about 134 miles, and its breadth 110. It is bounded on the north by the state of Pennsylvania; on the east by the state of Delaware ; and on the south-east and south by the Atlantic ocean ; and a line drawn from the ocean over the peninsula (dividing it from Accomack county in Virginia,) to the mouth of the Potomac river ; thence up the Potomac to its source ; thence by a north line till it intersects the southern bound- ary of Pennsylvania, in latitude 39 43' 18" ; so that it has Virginia on the south, south-west and west ; it contains about 14,000 square miles, of which from one-sixth to one-fourth is water. The climate is in general mild and agreeable, suited to agricultural productions, and a great vari- ety of fruit trees : the air in the interior of the country is salubrious, and favourable to the inha- bitants, who in the hilly parts are as healthy as in any part of the Union ; but in the flat lauds in the neighbourhood of marshes and stagnant waters, as in the other southern states, they are subject to in- termittent and other complaints common to swampy situations. East of the blue ridge of mountains, which stretches across the western part of this state, the land, like that in all the southern states, is gene- rally level and free of stones; and appears to have been made much in the same way; of course the soil must be similar, and the natural growth not remarkably different. The ground is uniformly level and low in most of the counties on the eastern shore, and conse- auently covered in many places with stagnant water, except where it is intersected by numerous creeks. Here also are large tracts of marsh, which, during the day, load the atmosphere with vapour, that again falls in dew in the close of the summer and fall seasons. Chesapeake bay divides this state into the eastern and western divisions. This bay, the largest in the United States, affords many good fisheries, and is remarkable for the excellence of its crabs, and also for a particular species of wild duck, called Canvas- back. In a commercial view, this bay is of im- mense advantage to the state ; it receives a num- ber of large rivers. From the eastern shore in Mary- land, among 'other smaller ones, it receives the Pocomoke, Nantikoke, Choptank, Chester and Elk rivers ; from the north, the rapid Susquehanna ; and from the west, the Patapsco, Severn, Patuxent and Potomac, half of which is in Maryland, and half in Virginia. Except the Susquehanna and Potomac, these are small rivers. Patapsco river is but about 30 or 40 yards wide at the ferry, just before it empties into the basin upon which Baltimore stands ; its source is in York county, in Pennsylvania ; its course is southwardly till it reaches El'kridge land- ing, about eight miles westward oi' Baltimore; it then turns eastward, in a broad bay-like stream, by Baltimore, which it leaves on the north, and passes into the Chesapeake. The entrance into Baltimore harbour, about a mile below Fell's Point, is hardly a pistol-shot a cross, and of course may be easily defended against naval force. Severn is a short, inconsidr-rable river, passing by Annapolis, which it leaves to the south, emptying by a broad mouth into the Chesapeake. Patuxent is a larger river than the Patapsco ; it rises in Ann Arundel county, and runs south-east- wardly, and then east into the bay, fifteen or twenty miles north of the mouth of the Potomac. There are also several small rivers, such as the Wighcoco- mico, Eastern Branch, Munocasy and Conegochea- gue, which empty into the Potomac from the Mary- land side. The soil of the good land in Maryland is of such a nature and quality as to produce from twelve to sixteen bushels of wheat, or from 20 to 30 bushels of Indian corn per acre. Ten bushels of wheat, and fifteen bushels of corn per acre, may be the annual average crops in the state at largp. Wheat and tobacco are the staple commodities. Tobacco is generally cultivated in sets, by negroes, in the following manner: the seed is sown in beds of fine mould, and transplanted the beginning of May ; the plants are set at the distance of three or four feet from each other, and are hilled and kept continually free of weeds : when as many leaves have shot out as the soil will nourish to advantage, the top of the plant is broken off. which prevents its growing higher : it is carefully kept clear of worms, and the suckers, which put out between the leaves, are taken off al proper times, till the plant arrives at perfection, which is in August : when the leaves turn of a brownish colour, and .begin to be spotted, the plant is cut down and hung up to dry, after having sweated in heaps one night. When'it can be handled without crumbling, which is always in moist weather, the leaves are stripped from the stalk, and tied in bundles, and packed for exporta- tion in hogsheads, containing 800 or 900 pounds, No suckers nor ground leaves are allowed to be merchantable. An industrious person may ma- nage 6000 plants of tobacco, which yield 10UO/., and four acres of Indian corn. In the interior country, on the uplands, consider- able quantities of hemp and flax are raised. In 1751, in the month of October, no less than 60 waggons loaded with flax seed came down to Balti- more from the back country. Two articles are said to be peculiar to Maryland, viz. the genuine white wheat, which grows in Kent, UNITED STATES. 897 Queen Ann's and Talbot counties, on the easier shore, and which degenerates in other places, an the bright kite's foot tobacco, which is produced < Elkridge, on the Patuxent, on the western shore. Among other kinds of amber is the oak, of severs kinds, which is of a straight grain, and easily rivt into staves for exportation. The black walnut is i demand for cabinet, tables and other furniture. Th apples of this state are large, but mealy ; th peaches plenty and good : from these the inhabitant distil cider and peach brandy. In Worcester county a species of grape-vine, of peculiar kind, has been discovered. The b?rk is o a gray colour, very smooth, and the wood of a firm texture. They delight in a high sandy soil, but wi thrive very well in the Cyprus swamps. The leaf i very much like that of the English grape-vine, sue, as is propagated in the gardens near Philadelphi for table use. The grape is much larger than th English, of an oval shape, and when quite ripe, i black, adorned with a number of pale red specks which on handling rub off. The pulp is a little lik the fox grape, but in taste more delicious. Thes grapes are ripe in October, and yield an incredibl quantity of juice, which, with proper management would no doubt make a valuable wine. There is an immense quantity of these vine growing on the beach, open to the sea ; and the; are also found in great plenty upou the ridges am in the swamps. The forests abound with nuts of various kinds which are collectively called mast ; on this masi great numbers of swine are fed, which run wild in the woods: these swine, when fatted, are caught, killed, barrelled, and exported in great quantities, This traffic formerly was carried on to a very con- siderable extent. Mines of iron ore are found in several parts of this state, of a superior quality. This state is at present divided into nineteen counties, eleven of which are on the western shore of Chesapeake bay, viz. Hartford, Baltimore, Ann Arundel, Frederick, Alleghany. Washington, Mont- gomery, Prince George, Calvert, Charles and St. Mary's; and eight on the eastern shore, viz. Cecil, Kent, Queen Ann, Caroline, Talbot, Somerset, Dorchester and Worcester. The principal towns in this state are as follow : Annapolis (city) is the capital of Maryland, and the wealthiest town of its size in America : it is situated at the mouth of Severn river, and was origi nally known by that name, which was changed for its present one in 1694, when it was made a port i,o\vn, and the residence of a collector and naval officer it stands on a healthy spot, 30 miles south of Baltimore, in north latitude 39 2' : it is a place of but little note in the commercial world. The houses, about 300 in number, are generally large and elegant, indicative of great wealth ; the num- ber of inhabitants do not exceed 2500. The de- sign of those wha planned the city was to have the whole in the form of a circle, with the streets like radii, beginning at the centre where the state-house stands, and thence diverging in every direction. The principal part of the buildings are arranged agree- ably to this awkward and stupid plan. It has a state house, which is an elegant building. Baltimore has had the most rapid growth of any town on the continent, and is the fourth in size and the fifth in trade in the United States. It lies in latitude 39 21', on the north side of Patapsco river, round what is called the basin, in which the water, at common tides, is about five or six feet deep. Bal- HIST. OK AMEK. Nos. 113 & 114. timore is divided into the town and Fell's Point by a creek, over which are two bridges. At Fell's- point the water is deep enough for ships of burden ; but small vessels only go up to the town. The situ- ation of the town is low, and was formerly un- healthy ; but the increase of houses, and of course of smoke, the tendency of which is to destroy or dispel damp and unwholesome vapours, and the improvements that have been made, particularly that of paving the streets, have rendered it tolerably healthy. Market-street is the principal street in the town, and runs nearly east and west a mile in length, parallel with the water ; this is crossed by several other streets leading from the water, a number of which, particularly Calvert, South and Gay-streets, are well built. North and east of the town the land rises and affords a fine prospect of the town and bay. George-town stands on the bank of the Potomac river, about 160 miles from its entrance into Chesapeake bay. The ground on which it stands is very broken, being a cluster of little hills, which, though at present elevated considerably above the surface of the river, were probably at some former aeriod overflowed ; as at the depth of eight or ten eet below the surface marine shells have been bund. Frederick-town is a fine flourishing inland town, >f upwards of 300 houses, built principally of brick ind stone, and mostly on one broad street . it is ituated in a fertile country, about four miles south if Catokton mountain, and is a place of considerable rade : it has four places for public worship ; one or Presbyterians, two for Dutch Lutherans and Ualvinists, and one for Baptists ; besides a public ?aol and a brick market-house. Hagars-town is but little inferior to Frederick- own, and is situated in the beautiful and well cul- ivated valley of Conegocheague, and carries on a onsiderable trade with the western country. Elkton is situated near the head of Chesapeake >ay, on a small river which bears the name of the own. It enjoys great advantages from the carry- ng iraue between Baltimore and Philadelphia, and be tides ebb and flow up to the town. The Roman Catholics, who were the first settlers n Maryland, are the most numerous religious sect. besides these, there are Protestant Episcopalians, English, Scotch, and Irish Presbyterians, German /alvinists, German Lutherans, Friends, Baptists, Vlethodists, Menonists and Nicolites, or New Qua- ers, who all enjoy liberty of conscience. There are many very respectable families in Bal- more, who are hospitable to strangers, and maintain friendly and improving intercourse with each ther; but the bulk of the inhabitants, are collected oin almost all quarters of the world, bent on the ursuit of wealth, varying in their habits, their manners, and their religions. The inhabitants, except in the populous towns, ve on their plantations, often several miles distant rom each other. To an inhabitant of the middle, nd especially of the eastern states, which are lickly populated, they appear to live very retired nsocial lives. The effects of this comparative soli- ude are visible in the countenances, as well as in le manners and dress of many of the country peo- e. One observes comparatively little of that teerful sprightlinflss of look and action, which is e invariable and genuine offspring of social inter- iurse ; nor do you find that attention paid to dress 4 G 898 THE HISTORY OF AMERICA. which is common, arid which custom has rendered necessary among people who are liable to receive company almost every day : unaccustomed, in a great measure, to frequent and friendly visits, they ofttn suffer too much negligence in this respect. As the negroes perform all their manual labour, their masters are left to saunter away life in sloth, and too often in ignorance. These observations, how- ever, must in justice be limited to the people in the country, and to those particularly whose poverty or parsimony prevents their spending a part of their time in populous towns, or otherwise mingling with the world; and with these limitations, they will equally apply to all the southern states. The inha- bitants of the populous towns and those from the country who have intercourse with them, are, in their manners and customs, intelligent and agree- able. That pride which grows on slavery, and is habi- tual to those who, from their infancy, are taught to believe and feel their superiority, is a visible cha- racteristic of the inhabitants of Maryland ; but with this characteristic we must not fail to connect that of hospitality to strangers, which is equally univer- sal and obvious. Many of the women possess all the amiable, and many of the elegant accomplish- ments of their sex. Furnaces for running iron ore into pigs and hol- low ware, and forges to refine pig-iron into bars, are numerous, and worked to great extent and profit. This is the only manufacture of importance carried on in the state, except it be that of wheat into flour and curing tobacco. The trade of Maryland is principally carried on from Baltimore, with the other states ; with the West Indies, and with some parts of Europe. To these places they send annually many thousand hogsheads f tobacco, besides large quantities of wheat, flour, pig-iron, lumber, and corn ; beans, pork, and flax seed in smaller quantities ; and re- ceive in return, clothing for themselves and negroes, and other dry goods, wines, spirits, sugars, and other West Indian commodities. VIRGINIA. ROBERTSON, in the fragments he has left on the United States, has entered so fully into the history of Virginia that there is little left for us to add. The settlement of this colony is the most important part of its history ; and from the Eaglish revolution of 1688, to the commencement of the American struggle for emancipation, there is little of an his- torical nature. Its position, remote from the settle- ments of the French in Canada, and of the Spa- niards in Florida, was favourable to its quiet. New England and New York on the one hand, Georgia and the Carolinas on the other, protected it from savage incursions. Its affairs were administered by governors appointed by the king, and representa- tives chosen by the people. The laudable efforts of these representatives to arrest the progress of slavery in the colony, ought not to be passed over in silence. Convinced of its inhumanity, and foreseeing the dreadful evils which it -must produce, they often passed laws prohibiting the importation of slaves ; but those who were higher in authority, yielding to the wishes of merchants engaged in the abominable traffic, persisted with criminal obstinacy in withholding their assent. En- gland, not America, is responsible for the wretched- ness which her kings and her officers were often importuned, but refused, to avert. As we have little to say therefore on political matters, we shall give what we have, intermingled with an account of its physical condition ; which is the more necessary, as it took so vigorous a share in the great struggle for emancipation ; to the nar- ration of which we are hastening. This state is situated between 75 25' and 83o 40' west longitude, and 36<> 40', and 40o 43' north lati- tude. Its length is about 370 miles, and its breadth about 200. It is bounded on the east by the Atlantic and Maryland, on the north by Ohio, Pennsylva- nia and Maryland; on the south by Carolina and Tennessee, and west by Ohio and Kentucky. In an extensive country, it will be expected toat the climate is not the same in all its parts. It is remarkable that, proceeding on the same parallel of latitude westerly, the climate becomes colder in like manner as when you proceed northwardly. This continues to be the case till you attain the summit of the Alleghany, which is the highest land between the ocean and the Mississippi. From thence, de- scending in the same latitude to the Mississippi, the change reverses ; and, if we may believe travellers, it becomes warmer there than it is in the same lati- tude on the sea side. Their testimony is strength- ened by the vegetables and animals which subsist and multiply there naturally, and do not on the sea- coast. That fluctuation between heat and cold, so de- structive to fruit, in the spring season, prevails less in Virginia than in Pennsylvania ; nor is the over- flowing of the rivers in Virginia so extensive or so frequent at that season, as those of the New Eng- land states; because the snows in the former do not lie accumulating all winter, to be dissolved all at once in the spring, as they do sometimes in the latter. In Virginia, below the mountains, snow seldom lies more than a day or two, and seldom a week ; and the large rivers seldom freeze over. The fluctuation of weather, however, is sufficient to render the winters and springs very unwholesome, as the inhabitants during those seasons have to walk m almost perpetual mire. The months of June and July, though often the hottest, are the most healthy in the year. The weather is then dry, and less liable to change than, in August and September, when the rain com- mences, and sudden variations take place. On the sea-coast the land is low, generally within UNITED STATES twelve feet of the level of the sea, intersected in al directions with salt creeks and rivers, the heads of which form swamps and marshes, and fenny ground, covered with water in wet seasons. The unculti- vated lands are covered with large trees and thick underwood. The vicinity of the sea, and salt creeks and rivers, occasion a constant moisture and warmth of the atmosphere ; so that although under the same latitude, 100, or 150 miles in the country, deep snows and frozen rivers frequently happen, for a short season, yet here such occurrences are con- sidered as phenomena; for these reasons, the trees are often in bloom as early as the last of February ; from this period, however, till the end of April, the inhabitants are incommoded by cold rains, piercing winds, and sharp frosts, which subject them to the inflammatory diseases, known here under the names of pleurisy and peripneumony. The whole country, below the mountains, is level, and seems, from various appearances, to have been once washed by the sea. The land, between York and James rivers, is very level, and its surface about 40 feet above high-water mark. It appears, from observation, to have arisen to its present height, at different periods far distant from each other, and that at these periods it was washed by the sea; for near York Town, where the banks are perpendicular, you first see a stratum, inter- mixed with small shells, resembling a mixture of clay and sand, and about five feet thick ; on this lie, horizontally, small white shells, cockle, clam, &c. an inch or two thick ; then a body of earth si- milar to that first mentioned, eighteen inches thick; then a layer of shells and another body of earth ; on this a layer of three feet of white shells, mixed with sand, on which lies a body of oyster-shells, six feet thick, which are covered with earth to the surface. The oyster-shells are so united by a very strong cement, that they fall only when undermined, and then in large bodies, from one to twenty tons weight : they have the appearance on the shore of large rocks. These appearances continue in a greater or less degree in the banks of James river, 100 miles from the sea ; the appearances then vary, and the banks are filled with sharks' teeth, bones of large and small fish petrified, and many other petrifactions, some resembling the bones of land and other ani- mals, and also vegetable substances. These ap- pearances are not confined to the river banks, but are seen in various places in gullies at considerable distances from the rivers. In one part of the state, for 70 miles in length, by sinking a well, you ap- parently come to the bottom of what was formerly a watercourse. And even as high up as Botetourt county, among the Alleghany mountains, there is a tract of land, judged to be 40,000 acres, surrounded on every side by mountains, which is entirely co- vered with oyster and cockle-shells, and, by some gullies, they appear to be of considerable depth. A plantation at Day's point, on James river, of as many as 1000 acres, appears at a distance as if covered with snow, but on examination the white appearance is found to arise from a bed of clam shells, which, by repeated plowing, have become fine, and mixeag of seed-rice, which he said he had seen growing n eastern countries, where it was deemed excellent food, and produced an incredible increase. The governor divided his bag of rice between Stephen 3ull, Joseph Woodward, and some other friends, who agreed to make the experiment, and planted heir small parcels in different soils. Upon trial ,hey found it answer their highest expectations. Some years afterwards, Mr. Du Bois, treasurer to he East India Company, sent a bag of seed-rice to Carolina, which, it is supposed, gave rise to the dis- inction of red and white rice, which are both cul- ivated in that country. Several years, however, (lapsed, before the planters found out the art of >eating and cleaning it to perfection, or discovered hat the lowest and richest lands were best adapted o the nature of the grain ; yet, from this period, he colonists persevered in planting it, and every r ear gave them greater encouragement. From this mall beginning did the staple commodity of Caro- ina take its rise, which soon became the chief sup- >ort of the colony, and its great source of opulence, besides provisions for man and beast, as rice em- >loys a number of hands in trade, it became also a ource of naval strength to the nation, and of course more beneficial to it, than even mines of silver and old. With the introduction of rice planting into ihlt ountry, and the fixing upon it as its staple commc- ity, the necessity of employing African slaves for ic purpose of cultivation was coupled ; a circum- iance which could only be justified if their labour ad been voluntary, and they had been induced to ettle in a climate not unsuitable to their constitution. During the government of Cromwell in England, onsiderations of mercantile profit became connected rith those of government. After the conquest of amaica, it was resolved, that the nation should lake a commercial profit of every colony that had een, or should be, planted in the western world it the restoration the same turn in politics was also dopted, and the parliament which brought about lat great event made a law, by which it was enacted, jat no sugar, cotton, wool, indigo, ginger, fustic 918 THE HISTORY OF AMERICA. upon Tweed, upon pain of forfeiture of ship and ; that, for every vessel sailing from England, or other dyeing wood, of the growth of any English plantation in Asia, Africa, or America, should be transported to any other place than to some English plantation, ^r to England, Ireland, Wales, and Ber- wick goods Ireland, Wales, and" Berwick upon Tweed," bond shall be given, with security of 1000J. or 2000/. ster- ling, money of Great Britain, that if she load any of the said commodities at such plantations, she shall bring them to some port of these English dominions. And for every vessel coming to the said plantations the governor shall, before she be permitted to load, take such bond as aforesaid, that she shall carry such commodities to England, Ireland, Wales, or Berwick upon Tweed. This laid the foundation of what was afterwards called " enumerated commodities;" and to these already mentioned, rice, hemp, copper- ore, beaver-skins, and naval stores, were afterwards added, and, with some exceptions, subjected to the same restraint. This navigation law, though it cramped the trade of the colonies, yet has been attended with many beneficial consequences to Britain: and while it maintained the supreme power of legislation through- out the empire, and wisely regulated the trade and commerce of its foreign settlements, it might reap many and substantial advantages from them. It might render them a market for its own manufac- tures, and at the same time supply itself with such commodities as its northern climate obliged it to purchase from other nations. By such means it might enlarge commerce and trade, at the same time it increased its naval strength. Colonies planted in the same latitude with the parent state, raising the same productions, and enjoying the same privileges, must in time be both detrimental and dangerous ; for while they drain it of inhabitants, they are growing strong upon its ruins. They meet at the same market with the same commodities, a compe- tition arises between them, and occasions jealousies, quarrels, and animosities. From Carolina indeed Britain had less to fear than from the more northern colonies, as the lati- tude was more remote, and the soil better suited to different productions. Here the people naturally engaged in pursuits different from those of the mother- country, and a mutual exchange of commodities and good offices would of consequence the more necessa- rily take place. They might barter their skins, furs, and naval stores, for clothes, arms, ammunition, and from utensils necessary for cultivation, impoi'ted England. They might send their provisions, lum- ber, and Indian captives to the West Indies, and receive the luxuries of these islands, and the refuse of their cargoes of slaves, in return, without any prejudice to Britain : for as the two climates differed greatly, they were of consequence adapted to differ- ent articles of produce. To such staples the first views of the planters ought to have been chiefly di- rected, and, for their encouragement in raising them, premiums from the proprietors might have been at- tended with the most beneficial effects. Before this time the Carolineans had found out the policy of setting one tribe of Indians against another, on purpose to save themselves. By trifling presents they purchased the friendship of some tribes, whom they employed to carry on war with others, which not only diverted their attention from them, but encouraged them to bring captives to Charles- town, for the purpose of transportation to the West Indies, and the advantage of trade. In the year 1G93, twenty Cherokee chiefs waited on Governor Smith, with presents and proposals of friendship, craving the protection of government against the Esaw and Congaree Indians, who had destroyed several of their towns, and taken a num- ber of their people prisoners. They complained also of the outrages of the Savanna Indians, for selling their countrymen, contrary to former regu- lations established among the different tribes ; and begged the governor to restore their relations, and protect them against such insidious enemies. The governor declared to them, that there was nothing he wished for more than friendship and peace with the Cherokee warriors, and would do every thing in his power for their defence : that the prisoners were already gone, and could not be recalled ; but that he would for the future take care that a stop should be put to the custom of sending them out of the country. At the same time the Chihaw king complained of the cruel treatment he had received from John Palmer, who had barbarously beat and cut him with his broad-sword. In answer to which charge Palmer was contumacious, and protested, in defiance and contempt of both governor and council, that he would again treat him in like manner upon the same provocation ; for which he was ordered into custody, until he asked pardon of the house, and found security for his future peaceable beha- viour to the Indians. Such instances of harsh treatment serve to account for many outrages of In- dian nations, who were neither insensible to the common feelings of human nature, nor ignorant of he grievous frauds and impositions they suffered in the course of traffic. By some planters indeed they were used with greater humanity, and employed as servants to cultivate their lands, or hunt for^ fresh provisions to their families; and as the woods abounded with deer, rabbits, turkeys, geese, ducks, snipes, &c., which were all accounted game, an ex- pert hunter was of great service in a plantation, nd could furnish a family with more provisions than they could consume. With respect to government, Carolina still re- mained in a confused and turbulent state. Com- plaints from every quarter were made to the gover- nor, who was neither able to quiet the minoVnf the people, nor afford them the relief they wanted. IKhe French refugees were uneasy that there was no prb- vincial law to secure their estates to the heirs of theijr body, or the next in kin, and were afraid that the/r lands at their death would escheat to\he proupie- ith- e proj ;~-ftofvv tors, and their children become beggars standing their industry and application ; and con- cluded that, in such case, the sooner they removed from the colony the better it would be for themselves and their posterity. The English colonists not only kept up variances among themselves, but also per- plexed the governor with their complaints of hard- ships and grievances. At last Landgrave Smith wrote to the proprietors, and frankly told them, that he despaired of ever uniting the people in interest and affection ; that he and many more, weary of the fluctuating state of public affairs, had resolved to leave the province; and that he was convinced nothing would bring the settlers to a state of tran- quillity and harmony but the arrival of one of the proprietors, with full powers to redress grievances, and settle differences. The proprietors, astonished at the discontented and turbulent spirit of the people, y-t anxious to pre- vent the settlement from being deserted and ruined, resolved to try the remedy Smith had suggested; UNITED STATES. 919 and accordingly selected Lord Ashley, to visit Caro- lina, and invested him with full powers to establish such regulations as he judged most conducive to the peace and welfare of the colony. Lord Ashley, how- ever, having either little inclination to the voyage, or being detained in England by business of greater consequence, John Archdale agreed to embark in his place. Archdale was a man of considerable know- ledge and discretion, a Quaker, and a proprietor; and great trust was reposed in him, and much was expected from his negotiations. In the mean time Landgrave Smith having re- signed his charge, Daniel Blake was chosen gover- nor, until the pleasure of the proprietors was known. To no great a height had the antipathy of the English settlers to the French refugees now grown, that they insisted on their total exclusion from a voice in the legislature ; and for this purpose an address was pre- pared and signed by a great number of them, and presented to Governor Blake, praying that the re- fugees might not only be denied the privilege of suiting as members of the legislative body, but also of a vote at their election, and that the assembly might be composed only of English members, chosen by Englishmen. Their request, however, being con- trary to the instructions of the proprietors, Blake, it is probable, judged beyond his power to grant, and therefore matters relating to them continued in the same unsettled state, until the arrival of Governor Archdalo, which happened about the middle of the year 1695. The arrival of this pious man occasioned no small joy among all the settlers, who crowded about him, each expecting some favour or indulgence. Amidst the general joy, private animosities and civil discord seemed for a while to lie buried in oblivion. The governor soon found, that three interesting matters demanded his particular attention. The first was, to restore harmony and peace among the colonists themselves ; the second, to reconcile them to the jurisdiction and authority of the proprietors; and the third, to regulate their policy and traffic with the In- dian tribes. For these purposes be summoned his council for advice, and the commissions to the dif- ferent deputies were read. The members appointed were Joseph Blake, Stephen Bull, James Moore, Paul Grimball, Thomas Carey, John Beresford, and William Hawett. All former judges of the courts, officers of the militia, and justices of the peace, were continued in their respective offices. But such was the national antipathy of the English settlers to the poor French refugees, that Archdale found their total exclusion from all concern in legislature was absolutely necessary to the peaceable convocation of the delegates, and therefore issued writs directing them only to Berkley and Colleton counties. Ten members for the one, and ten for the other, all En- glishmen, were accordingly chosen by the freemen of the same nation. At their meeting the governor made a seasonable speech to both houses, acquaint- ing them with the design of his appointment, his re- gard for the colony, and great desire of contributing towards its peace and prosperity. They, in return, presented affectionate-addresses to him, and entered on public business with great temper and unanimity. Many matters of general concern, by the gover- nor's sensible discretion, were settled to the satisfac- tion of all, excepting the French refugees. The price of lands and the form of conveyances were fixed by law. Three years' rent was remitted to those who held land by grant, and four years to such as held them by survey, without grant. Such lands as had es- cheated to the proprietors, were ordered to be let out or sold for their lordships' benefit. It was agreed to take the arrears of quit-rents either in money or commodities, as should be most easy and convenient for the planters. Magistrates were appointed, for hearing all causes between the settlers and Indians, and finally determining all differences between them. Public roads were ordered to be made, and water passages cut, for the more easy conveyance of pro- duce to the market. Some former laws were altered, and such new statutes made as were judged requisite for the good government and peace of the colony. In short, public affairs began to put on an agreeable aspect, and to promise fair towards the future pro- gress and welfare of the settlement. But as for the French refugees, all the governor could do for them was, to recommend it to the English freeholders to consider them in the most friendly and compassion- ate point of light, and to treat them with lenity and moderation. No man could entertain more benevolent senti- ments, with respect to the ignorant savages, than Governor Archdale ; his compassion for them was probably one of the weighty motives which induced him to undertake the voyage to this country. To protect them against insults, and establish a fair trade and friendly intercourse "with them, were re- gulations which both humanity required, and sound policy dictated. But such was the rapacious spirit of individuals, that it could be curbed by no autho- rity. Many advantages were taken of the ignorance of Indians in the way of traffic. The seizing and selling them for slaves to the West Indian planters, the colonists could not be prevailed on entirely to resign, without much reluctance. At this time a war raged between two Indian nations, the one living in the British, the other in the Spanish territories. The Yamassees, a powerful tribe in Carolina, having made an incursion into Florida, took a number of Indians prisoners, whom they brought to Charles- town for sale to the provincial traders to Jamaica and Barbadoes. Governor Archdale no sooner heard of their arrival, than he ordered the Spanish Indians to be brought to him, and finding that they had been instructed in the rites and principles of the Catholic religion, he represented it as an atrocious crime to sell Christians of any denomination. To maintain a good understanding between the two provinces, he sent the prisoners to Augustine, and along with them the Yamassee warriors, to treat of peace with the Indians of Florida. The Spanish governor wrote a letter to Mr. Arohdale, thanking him for his hu- manity, and expressing a desire to live on terms of friendship and peace with the Carolineans. In con- sequence of which, Governor Archdale issued orders to all Indians in the British interest, to forbear mo- lesting those under the jurisdiction of Spain. Ths two kings being at that time confederates, the like orders were issued at St. Augustine, and in a short time they were attended with beneficial effects. Such wise steps served not only to prevent slaughter and misery among these savages themselves, but an En- glish vessel being accidentally shipwrecked on the coast of Florida, the Indians did the crew no harm, but, on the contrary, conducted them safe to Augus- tine, where the commandant furnished them with provisions, and sent them to the English settle- ments. Governor Archdale did not confine his views to the establishment of a good correspondence with the Indian nations on the south of this settlement, but extended them also to those on the north side of it. 920 THE HISTORY OF AMERICA. Stephen Bull, a member of the council and an In- dian trader, at his request entered into a treaty of friendship with the Indians living on the coast of North Carolina. This proved also favourable for some adventurers from New England, who were soon after the conclusion of the treaty shipwrecked on that coast. These emigrants got all safe to land, but rinding themselves surrounded by barbarians, expected nothing but instant death. However, to defend themselves in the best manner they could, they encamped in a body on the shore, and drew up an intrenchmcnt around them ; where they remained until their small stock of provisions was almost ex- hausted. The Indians, by making signs of friend- ship, frequently invited them to quit their camp ; but they were afraid to trust them, until hunger urged them to run the hazard at all events. After they came out, the Indians received them with great civility, and not only furnished them with provisions, but also permitted some of them peaceably to travel over land to Charlestown, to acquaint the governor with their misfortune. Upon which a vessel was sent to North Carolina, which brought them to Cooper river, on the north side of which, lands were allotted them for their accommodation ; and they formed that bettlement afterwards known by the name of Christ's- church parish. About the same time, two Indians of different tribes being intoxicated with liquor, a vice which they learned from the English settlers, quarrelled at Charlestown, and the one murdered the other. Among these barbarians, not to avenge the death of a friend is considered as pusillanimous, and whenever death ensues, drunkenness, accident, or even self-defence, are in their eyes no extenuation of the crime. The relations of the deceased, hearing of his death, im- mediately came to Charlestown, and demanded sa- tisfaction. Governor Archdale, who had confined the murderer, being desirous to save his life, offered them a compensation ; but they refused it, and in- sisted on blood for blood, and death for death, ac- cording to the law of retaliation. To prevent the quarrel spreading wider among them, he was obliged to deliver the prisoner up to punishment and death. While they were conducting him to the place of ex- ecution, his king, coming up to him, enjoined him, since he must die, to stand and die like a man ; add- ing, at the same time, that he had often warned him of the danger of rum, and now he must lose his life for neglecting his counsel. When he had advanced to the stake* to which he was to be fastened, he de- sired that they would not bind him, promising not to stir a foot from the spot ; and accordingly he did not, but with astonishing resolution braved the terrors of death. It may now be thought a matter of surprise by some men, especially by such as know the advan- tages of agriculture, that the proprietors of Carolina, who were men of knowledge, and zealous for the in- terest and improvement of the colony, paid so little regard to the only thing upon which the subsistence of the inhabitants and the success of the settlement depended. Instead of framing codes of laws, and modelling the government of the country on princi- ples of speculation, in which men are always in danger of error, especially when tiring in a different climate, far remote from the country they mean to govern ; had they established a plantation in it for the particular purpose of making experiments, to find out what productions were most suitable to the soil and climate ; this would have been of more real use lhan all the visionary laws they ever framed. The first planters were men of little knowledge or sub- stance, many of them utter strangers to the arts of agriculture ; and those who had been accustomed to husbandry in Europe, followed the same rules, and planted the same grain in Carolina, as they had formerly done in England ; which were by no means adapted to the climate. They proceeded in their old method, exhausted their strength in fruitless efforts, without presuming to imagine, that different arti- cles of produce, and a deviation from the European modes .of cultivation, could be beneficial. Hence the planters, though they had lands on the easiest terms, remained poor ; and the fault was occasioned more by their ignorance and inexperience than by the climate or soil. Governor Archdale having finished his negotia- tions in Carolina, made preparations for returning to England. During his time, though the govern- ment had acquired considerable respect and stability, yet the differences among the people still remained. Former animosities were rather smothered for awhile than extinguished, and were ready on the first oc- casion to break out again with greater violence. Be- fore he embarked, the council presented to him an address, to be transmitted to the proprietors, express- ing the deep sense they had of their lordships' pater- nal care for their colony, in the appointment of a man of such abilities and integrity to the government, who had been so happily instrumental in establish- ing its peace and security. They told them, they had now no contending factions in government, or clash- ing interests among the people, excepting what re- spected the French refugees ; that, by the gover- nor's prudent conduct, they hoped all misunder- standings between their lordships and the colonists were now happily removed ; that they would for the future cheerfully concur with them in every measure for the speedy population and improvement of the country ; that they were now levying money for building fortifications, to defend the province against foreign attacks, and that they would strive to main- tain harmony and peace among themsei^es. Gover- nor Archdale received this address with peculiar sa- tisfaction, and promised to present it to the proprie- tors on his arrival in England. Being empowered to nominate a lieutenant-governor, he made choice of Joseph Blake, for his successor, and embarked for England about the close of the year 16%.^ After Mr. Archdale's arrival in England, he laid this address, together with a state of the country, and the regulations he had established in it, before the proprietors, and showed them the necessity of abolishing many articles in the constitutions, and framing a new plan of government. Accordingly, they began to compile new constitutions ; and from his information and intelligence 41 different articles were drawn up and sent out by Robert Daniel, for the better government of the colony. But when the governor laid these new laws before the assembly for their assent and approbation, recommending the careful perusal and consideration of them, they treated them as they had done the former constitu- tions, and, instead of taking them under delibera- tion, modestly laid them aside. A treaty of peace having been concluded between England and France, a project was formed by Louis XIV. for establishing a French colony at the mouth of the great river Mississippi. To that immense ter- ritory lying to the eastward of that river, and extend- ing along the back of the Appalachian mountains, from the Mexican seas to Canada, he laid claim, which, in honour of him, was afterwards called UNITED STATES. 921 Louisiana. Some discerning men in England early warned thenation of danger to the British settlements from a French colony established in this quarter; yet many years elapsed before they began to feel the inconvenience arising from it. It was foreseen, that, besides the Spaniards, another competitor for power and dominion would spring up, in a situation where they had a fair opportunity of engrossing the trade and affections of Indian tribes, and harassing the weakest frontiers of the British colonies : and doubt- less, from the influence and address of the French- men among Indians, the English settlers had more to fear, than from the religious zeal and bigotry of the indolent Spanish settlers. John, earl of Bath, having succeeded Lord Craven as Palatine, several persons of character and influ- ence in Carolina were by him created landgraves ; among whom were Edmund Ballenger, John Bayley, and Kobert Daniel ; and Edmund Bohun was ap- pointed chief justice of the colony. About the same time Nicholas Trott, a learned and ambitious man, left the Bahama islands, and took up his residence in Carolina. Numbers from different quarters con- tinued to resort to this country, and, notwithstand- ing its warm and unhealthy climate, the flattering prospects of landed estates induced men to run every risk ; and the proprietors neglected no means which they judged conducive towards its speedy po- pulatinn. With respect to the French refugees, the national antipathies among the colonists now began to abate, who, from their quiet and inoffensive behaviour, began to entertain more favourable sentiments of them. Along with their neighbours they had de- fied the dangers of the desert, and given ample proofs of their fidelity to the proprietors, their love to the people, and their zeal for the success of the colony. They had cleared little spots of land for raising the necessaries of life, and in some measure surmounted the difficulties of the first state of colonization. Yet none of them could boast of great success, excepting one man who had taught the Indians dancing and music, for which arts they discovered an amazing fondness, and liberally rewarded him for his instruc- tions. At this favourable juncture the refugees, by the advice of the governor and other friends, peti- tioned the legislature to be incorporated with the freemen of the colony, and allowed the same privi- leges and liberties with those born of English pa- rents. Accordingly an act passed for making all aliens free, for enabling them to hold lands, and to claim the same as heirs to their ancestors, who should take the oath of allegiance to King William. With this condition the refugees joyfully complied, and the proprietors, without scruple, ratified the law; in consequence of which, the French and English settlers, united in interest and affection, and have ever since lived together in harmony and peace. Though every person enjoyed liberty of conscience with respect to religion, yet as the proprietors were Episcopalians, the tendency of their government leaned towards that mode of religious worship. Go- vernor Blake, though a dissenter himself, possessed the most liberal sentiments towards men of a differ- ent persuasion. During his time a bill was brought into the assembly, for allowing the episcopal minister of Charlestown, and his successors for ever, a salary of 150f. sterling, together with a house, glebe, and two servants. Samuel Marshal, a pious and learned man, being the episcopal minister at that time, whose prudence and ability had gained him great esteem from Christians of all denominations, the bill passed with less opposition. The Dissenters who found a large body of the people, conscious of the amiable charac- ter and great merit of the man, acquiesced in the measure ; and as no motion had been made respect- ing any established church, they seemed apprehensive of no ill consequences from it. However, soon after this, when the design of the proprietors became more evident, this party, jealous above all things of their religious liberties, took the alarm, and opposed the establishment of the church of England amongst them with such violence, as occasioned no small ferment for many years in the colony. About this time the coast of Carolina was infested with pirates, who hovered about the mouth of Ashley river, and obstructed the freedom of trade. In the last year of the seventeenth century, the planters had raised more rice than they could find vessels to export. Forty-five persons, from different nations, Englishmen, Frenchmen, Portuguese, and Indians, had manned a ship at the Havanna, and entered on a cruise of piracy. While they were on the coast of Carolina, the people felt severely the pernicious ef- fects of that lawless trade, which in former times they were too apt to encourage. Several ships be- longing to Charlestown were taken by them, who sent the crews ashore, but kept the vessels as their prizes. At last, having quarrelled among them- selves about the division of the spoil, the English- men proving the weaker party, were turned adrift in a long-boat. They landed at Sewee bay, and from thence travelled over land to Charlestown, giving out that they had been shipwrecked, and for- tunately escaped to shore in their boat. But, to their disappointment and surprise, no less than three masters of ships happened to be at Charlestown at the time, who had been taken by them, and knew them ; upon whose testimony the pirates were in- stantly taken up, tried, and condemned, and seven out of nine suffered death. During the autumn of the same year, a dreadful hurricane happened at Charlestown, which did great damage, and threatened the total destruction of the town. The lands on which it is built being low and level, and not many feet above high-water mark, the swelling sea rushed in with amazing impetuosity, and obliged the inhabitants to fly for shelter to the second stories of their houses. Happily few lives were lost in the town ; but a large vessel, called the Rising Sun, belonging to Glasgow, and commanded by James Gibson, which had come from Darien with part of the unfortunate Scotch settlers, at the time of the storm rode at anchor off the bar. This ship the hurricane drove from her anchor, and dashed to pieces against the sand-banks, and every person on board perished. Nor was this the only disaster which distinguished this year in the annals of Carolina. A fire broke also out in Charlestown, and laid the most of it in ashes. The small-pox raged through the town, and proved fatal to multitudes of the younger population. To complete their distress, another infectious dis- temper broke out, and carried off a great number of people, among whom were Chief Justice Bohun, Samuel Marshal, the episcopal clergyman, John Ely, the receiver-general, Edward Rawlins, the provost-marshal, and almost one half of the members of assembly. Never had the colony been visited with such general distress and mortality. Few fa- milies escaped a share of the public calamities. Al- most all were lamenting the loss, either of their ha- bitations by fire, or of friends or relations by the infectious maladies. Discouragement and despair 022 THE HISTORY OF AMERICA. oppressed every one. Many of the survivors could think of nothing but abandoning a country in which there was so little prospect of success, health, or happiness. They had heard of Pennsylvania, and how pleasant and flourishing a province it was de- scribed to be, and therefore were determined to em- brace the first opportunity that offered of retiring to it with the remainder of their families and effects. Governor Blake, deeply sensible of the public distress, tried every means of alleviating the misery of the people, and encouraging them to perseverance; but the members of assembly who survived, became so negligent about public affairs, that he found him- self under a necessity of dissolving the house, and calling another, hoping that they might be more zealous and active in concerting measures for the public relief. Of this new assembly Nicholas Trott, whose talents had raised him above the level of his fellow-representatives, was made speaker, and who warmly espoused the cause of the people, in opposi- tion to the interest of the proprietors. The governor and council claimed the privilege of nominating public officers, particularly a receiver-general, until the pleasure of the proprietors was known. The assembly, on the other hand, insisted that it belonged to them. This occasioned several messages between the two houses, and much altercation. However, the upper house appointed their officer. The lower house resolved, that the person appointed by them was no public receiver, and that whoever should pre- sume to pay money to him as such, should be deemed an int'ringer of the privileges of assembly, and an enemy to the country. Trott flatly denied they could be called an upper house, though they thus styled themselves, as they differed in the most essential circumstances from the house of lords in England; and this led the assembly to call them the proprietors' deputies, and to treat them with indignity and contempt, by limiting them to a day to pass their bills, and to an hour to answer their messages. At this time Trott was eager in the pursuit of popularity, and by his uncommon abi- lities arid address succeeded in a wonderful manner. Never had any man, in so short a time, so tho- roughly engrossed the public favour and esteem, or carried matters with so high a hand, in opposition to the proprietary counsellors. About the close of the year 1700, Governor Blake died, and a dispute arose in the upper house about the succession to the government. Joseph Morton, as eldest landgrave, claimed the preference, until the pleasure of the palatine was known. But James Moore, a needy, forward, and ambitious man, stood forth in competition, and, by activity and art, gained a number over in support of his pretensions. He objected to Landgrave Morton, because he had ac- cepted a commission from King William, to be judge of the court of vice-admiralty, while, at the same time, he held one of the proprietors to the same office : this Moore and his friends declared to be a breach of the trust reposed in him, and that he might with equal propriety have accepted of a commission from King William to be governor, while he held that office of the proprietors. Landgrave Morton replied, that there was a necessity for holding a commission from the king to be judge of the court of vice-admiralty, because it did not appear from the charter that the proprietors could empower their judge to try persons for acts committed without the bounds of their colony, and that with such jurisdiction the judge of the admiralty ought for many reasons always to be vested. However, the upper house deemed the objection offeree sufficient to set Morton aside, and James Moore was chosen successor to Governor Blake. From which period the colony may date the beginning of further jealousies and troubles, which continued for several years, and ob- structed its progress in improvement. Various in- trigues crept into the seat of government, and seve- ral encroachments were made on the liberties and privileges of the people, both civil and religious. King William, though he maintained the power of the established church, yet often discovered a secret attachment to Presbyterians, and on all occa- sions treated them with lenity and moderation. Hence many of the more zealous friends to the church of England, alarmed at the prospects of its dangerous situation, became eagerly bent, not only in support of its constitution, but even of its minu- test forms, usages, and vestments. Lord Granville, among the rest, after he was called up to the house of peers, had there distinguished himself as an in- flexible bigot for the high church, having been early taught to entertain the most supercilious contempt for dissenters of all denominatioos. Being now also palatine of Carolina, he soon discovered that the establishment of episcopacy, and the suppression of all other modes of religious worship in that country, was the chief object of his zeal and attention. James Moore being considered as a man more fit than Landgrave Morton for assisting him in the accom- plishment of his favourite design, the more easily obtained a confirmation of his election to the go- vernment. Here it may not be improper to observe, that se- veral eminent men had appeared in England, who, pitying the miserable state of the western world with respect to religion, had proposed some public-spi- rited design for the propagation of the Gospel among the heathens on that vast continent. Robert Boyle, no less distinguished for his eminent piety than uni- versal learning, had been appointed by Charles II. governor of a corporation established foY^he propa- gation of the Christian religion among Indians, the natives of New England and parts adjacent, in America. Queen Mary afterwards discovered a great desire for enlarging their plan, and for this purpose gave a bounty of 200/. sterling, annually, to support missionaries in that quarter. Dr. Gomptoru bishop of London, was at pains to procure an stccolmt of the state of religion among the English colonies, from a persuasion of the necessity of beginning this cha- ritable work among them; and Dr. Thomas Bray, his commissary in Maryland, furnished him with one suited to excite sympathy and compassion in every pious and generous breast. At length Dr. Tennison, archbishop of Canterbury, undertook the laudable design, applied to the crown, and obtained a char- ter, incorporating a society for the propagation of the Gospel in foreign parts. The nation in general entered into the design with their usual ardour for all benevolent institutions. From different parts large benefactions were received by this society, aad it was soon enabled to support a number of missio- naries in the plantations. Religious books were pur- chased, and sent out to different provinces, and Ca- rolina among the rest received a number of them. A law passed for instituting a public library in the province, to remain under the care and custody of the episcopal minister of Charlestown. Edward Marston at this time took the charge of it, and was disposed to contribute every thing in his power to- wards rendering: it generally useful. But the dis- | senters, from the choice of the books, most of which UNITED STATES. 923 were wrote by episcopal divines, aud in defence of the doctrine, discipline, and worship of the church of England, soon perceived the intention of the so- ciety, and a library framed on such a narrow foun- dation was treated with neglect, and proved utterly ineffectual for promoting the desired end. About this time the number of inhabitants in the colony amounted to between 5000 and 6000, besides Indians and negroes. In Charlestown they had one minister of the church of England, and another of the church of Scotland ; but in the country there was no such thing as public worship, nor schools for the education of children ; and peuple living thus scattered through a forest, were likely in time to sink by degrees into the same state of ignorance and barbarism with the natural inhabitants of the wilderness. To supply these destitute colonists with proper means of instruction, called for the first at- tention of the society ; for as Indians and negroes would naturally take their first religious impressions from, their neighbours, to begin at this place was like paving the way for extending wider the bene- fits of instruction. To prepare the province for the charitable assist- ance of this society, it was judged necessary to have the church of England established in it by a pro- vincial law, and the country divided into different parishes. The palatine imagined that these internal troubles and differences, by which the colony had hitherto been agitated, and the government ren- dered feeble and fluctuating, were occasioned by the clashing sentiments of the people with respect to religion. To remedy this evil, he perceived that some bond of union was necessary, to carry on pub- lic measures with ease and success ; and religion had been deemed the firmest cement of every state. He knew that the episcopal form of church govern- ment was more favourable to monarchy and the civil constitution than the Presbyterian, as in it a chain of dependence subsists, from the highest to the lowest in the church. While therefore he instructed Go- vernor Moore to study all possible means of per- suading the assembly to acquiesce in that form con- tained in the fundamental constitutions, he was equally zealous for an established church, that the wheels of their government might be no more clogged by religious dissensions. But as a great majority of the colonists were dis- senters, who had fled from England, on account of rigorous acts of uniformity, their minds were ill dis- posed to admit of any establishment. Their former prejudices they had not yet thrown aside; their hardships in England they had not yet forgot. Their private opinions respecting religion were various as their different complexions, and unlimited toleration was granted to all by the charter. They could hear of no proposals about an established church, and the palatine, at such an unseasonable time, showed more zeal than prudence or good policy in attempting to introduce it among them. The governor found them inflexible and obstinate in opposing such a measure; and the people even began to repent of having passed a law for fixing a salary for ever on the rector of the episcopal church, and considered it as a step to further encroachments. The great object with Governor Moore was to im- prove his time, not knowing how long his precarious power might last, for bettering his indigent circum- stances. It appeared to him, that the traffic in In- dians was the shortest way to riches. He therefore granted commissions to several persons, to assault and capture as many Indians as they could, and re- solved to turn the profits of such trade to his own private emolument. Not contented with this base and cruel method of acquiring wealth, he formed a design for engrossing the whole advantages arising to the colony from their commerce with Indian na- tions. For this purpose a bill was brought into the assembly for regulating the Indian trade, and drawn up in such a manner as would cause all the profits of it to centre in his hands. But Nicholas Trott, Robert Stephen, and others, proved to the assembly the pernicious tendency of such a bill, and therefore it was thrown out. At which Governor Moore being highly offended, dissolved the house, in hopes of procuring another more favourable to his private views and interests. At the election of the next assembly the governor aud his friends exerted all their power and influence to bring in men of their own. Nicholas Trott, who had hitherto appeared in the opposition, being now appointed attorney-general, threw all his influence and weight into the scale of government, turned his back on his former friends, and strongly supported that tottering fabric which he had formerly endea- voured to pull down. Charlestown, where all free- holders met to give their suffrages, at the time of this election was a scene of riot, intemperance, and con- fusion. The sheriff, having instructions so to do, admitted every person to vote ; the members of Col- leton county say, even common sailors, servants, foreigners, and mulattoes. Such freeholders as stood forth in opposition to the governor's party, were abused and insulted. At length, when the poll was closed, one half of the persons elected were found to be men of neither sense nor credit ; but being the chosen creatures of the governor, it was his business to prevent all inquiry into the conduct of the sheriff, and the qualifications of such members. At this time Carteret county was inhabited only by Indians ; but in Colleton county there were no less than 200 freeholders, who had a right to vote for delegates to assembly. The principal plantations in it were those of the late Sir John Yeamans, Landgraves Morton, Ballenger, and Axtell, and those of Blake, Boone, Gibbes, Schinking, and others. The people of this county being highly offended at the manner of election, particularly the arts and in- trigues practised, and the riot and intemperance per- mitted at it, drew up a representation of the whole transaction, and transmitted it to the proprietors in England : but the palatine was too deeply concerned in promoting those measures of which tney com- plained, to grant them any favourable answer. In Berkley county the principal settlements were those of Sir Nathaniel Johnson, Governor Moore, Land- graves West, Smith, Bayley, and Daniel ; together with those belonging to Godfrey, Mathews, Izard, Colleton, Grimball, &c. ; several of whom were also dissatisfied with the public proceedings. But Craven county being composed of French refugees, these having little knowledge of the English language, were easily managed ; and many indeed supported the governor purely out of affection to the proprietors. In short, the house consisted of 30 members, one half of whom were elected from the dregs of the people, utter strangers to public affairs, and in every respect unqualified for sitting as provincial legislators. In the mean time, a rupture took place in Europe between England and Spain, which turned the at- tention of the colony to a different object, and af- forded Governor Moore an opportunity of exercising his military talents, and a new prospect of enriching himself by Spanish plunder or Indian captives. Ac- 924 THR HISTORY OF AMERICA. cordingly, instead of private disputes among them- gelves, he proposed to the assembly an expedition against the Spanish settlement at Augustine. Many of the people, from mercenary motives, applauded the proposal ; however, men of cool reflection, hav- ing yet had no intelligence of the declaration of war, were averse from rushing into any hazardous enter- prise, until they had certain advice of it from En- gland. As the expedition was projected, contrary to the opinion and inclination of many Carolineans, without any recent provocation from the Spanish garrison; it is probable that the governor engaged in it chiefly from views of private emolument. Flo- rida, he assured the people, would be an easy con- quest ; and treasures of gold and silver were held out to them as the rewards of valour. In vain did some members of the assembly oppose it, by repre- senting the province as weak, and ill provided for warlike enterprises, and by hinting at the many hazards and difficulties always attending them ; in vain did they urge the strength of the Spanish fort, and the expenses incurred by a fruitless and perhaps bloody expedition : such men were called enemies to their country, and represented as pusillanimous wretches, who were utter strangers to great and glo- rious undertakings. Accordingly, a great majority of the assembly declared for the expedition, and a sum of '20001. sterling was voted for the service of the war. Six hundred Indians were engaged, who, being fond of warlike exploits, gladly accepted of arms and ammunition offered them for their aid and assistance. Six hundred provincial militia were raised, and schooners and merchant- snips were im- pressed, for transports to carry the forces. Port Royal was fixed upon as the place of general ren- dezvous, and there, in September 1702, the gover- nor, at the head of his troops, embarked in an ex- pedition equally rash and fool-hardy on one side, as it was well known and unprovoked on the other. While these preparations were going on in Caro- lina, the Spaniards, apprised of the governor's de- sign, were making ready for their defence. In the plan of operations it had been agreed, that Colonel Daniel, who was an officer of spirit, should go by the inland passage with a party of militia and Indians, and make a descent on the town from the land, while the governor with the main body should proceed by sea, and block up the harbour. Colonel Daniel lost no time, but advanced against the town, entered and plundered it before the governor got forward to his assistance. But the Spaniards having laid up pro- visions for four months in the castle, on his approach retired to it, with all their money and most valuable effects. Upon the arrival of Governor Moore, the place was invested with a force against which the Spaniards could not appear, and therefore kept them- selves shut up in their strong hold. The governor finding it impossible to dislodge them without such artillery as are necessary to a siege, dispatched a sloop to Jamaica, on purpose to bring cannon, bombs, and mortars, for attacking the castle ; and Colonel Daniel embarked and sailed with the greatest expe- dition to bring them. During his absence two Spa- nish ships, the one of 22 guns and the other of six- teen, appearing off* the mouth of the harbour, struck such a panic into the governor, that he instantly raised the siege, abandoned his ships, and made a precipitate retreat to Carolina by land. In conse- quence of which the Spaniards in the garrison were not only relieved, but the ships, provisions, and am- munition, belonging to the Carolineans, fell also into their hands. Colonel Daniel, ou his return, stand- ing in for the harbour of Augustine, found to hia surprise the siege raised, arid made a narrow escape from the enemy. Military expeditions rashly undertaken, conducted by a headstrong and inexperienced officer, and ex- ecuted by raw and ill-disciplined troops, very rarely succeed. We are not able to account for the gover- nor's conduct in raising this siege, after he had been a month in possession of the town, unless he was in immediate wan*, of provisions or ammunition, or his men, having little confidence in his abilities, threa- tened to desert him: for if the Spanish ships drew more than ten feet water, which it is probable they must have done, they could not come over the bar to injure him : if they landed their men, yet still his force was superior to that of the enemy, and he might at least have risked a battle on such grounds, before he made an inglorious retreat. The Indians were averse from leaving the field, without scalps, plunder, or glory. It is true, the Spanish ships of war might have prevented Colonel Daniel from gel- ting into the harbour with the supply of military stores, yet the coast was large, and afforded many more places for landing them. The governor had In- dians to hunt for provisions for his men, and it was by no means impossible to have starved the garrison' and compelled them to surrender. What then can be thought of a commander, who, on the first appearance of a little danger, abandoned his station, however ad- vantageous, and tamely yielded up, not only the town, but also his own ships and provisions to the enemy. Upon his return to Carolina many severe reflec- tions were thrown out against him, as might natu- rally have been expected ; but especially by that party who opposed the enterprise. It is true, it proved not a bloody expedition, the goternor having lost no more than two men in it; yet it entailed a debt of QQQQl. sterling on a poor colony, which, at that period, was a grievous burthen. The provin- cial assembly, who during the absence of the gover- nor, had been under prorogation, novNcnet, to con- cert ways and means for discharging this public debt. Great dissensions and confusion prevailed among them ; but the governor, having a Dumber of men under arms to whom the country s^ood in- debted, despised all opposition, and silenced the malcontents by threats and compulsion. A bill was brought into the assembly for stamping bills of credit, to answer the public expence, which were to be sunk in three years by a duty laid upon liquors, skins, and furs. In this measure all parties acqui- esced, as it fell easy on private persons, at the same time that it satisfied the public creditors. This was the first paper money issued in Carolina, and, for five or six years after the emission, it passed in the country at the same value and rate with the sterling money of England. How, in process of time, it increased in quantity and sunk in value ; how it was deemed useful by debtors and prejudicial by credi- tors, we shall afterwards have occasion more parti- cularly to demonstrate. At present it may suffice to observe, that it was absolutely necessary to sup- port the public credit, and the most practicable me- thod the colony had of defraying the expenses in- curred by the unsuccessful expedition. Notwithstanding his past misfortunes, Governor Moore, fond of warlike exploits, had still in view the striking some blow that might distinguish his administration. The Appalachian Indians, by their connexion with the Spaniards, had become insolent and troublesome. Mr. Moore determined to chas- tise them, and for this purpose marched at the head UNITED STATES. 926 of a body of white men and Indian allies, into th<3 unwholesome effluvia from an' oozy bottom and stag- heart of their settlements. Wherever he went he I nated water poison the atmosphere. They sow it carried fire and sword along with him, and struck a I in April, or early in May, and reap in the latter terror into his enemies. The towns of the unhappy end of August, or in the mouth of September. After tribes who lived between the rivers Alatamaha and which it is dried and carried to the barn-yard, and Savanna he laid in ashes, captured many savages, I built in stacks, in like manner as the corn in Europe, and obliged others to submit to the English govern- 1 After this it is threshed, winnowed, and ground in ment. The governor received the thanks of the I mills made of wood, to free the rice from the husk, proprietors for his courage, who acknowledged that Then it is winnowed again, and put into a wooden the success of his arms had gained their province a mortar, and beat with large wooden pestles, which reputation ; but, what was of greater consequence to labour is so oppressive and hard, that the firmest him, he wiped off the ignominy of the Augustine nerves and most vigorous constitutions sink under it. expedition, and procured a number of Indian slaves, To free it from the dust and flour occasioned by whom he employed to cultivate his fields, or sold for pounding, it is sifted first through one sieve, and his own profit and advantage. I then, to separate the small and broken rice from the About this time Sir Nathaniel Johnson introduced large, through another. Last of all, it is put into the raising of silk into the country, which is an arti- large barrels of enormous weight, and carried to the cle of commerce exceedingly profitable, and, by market. During the whole tedious process of its proper encouragement, might have been made very preparation, much care and great strength are re- beneficial both to the colony and the mother country, quisite, and many thousands of lives from Africa Mulberry-trees grew spontaneously in the woods, I have been sacrificed, in order to furnish the world and thrived as well as other natural productions, with this commodity. The great demand for silk in Britain made it an object of the highest consequence; and an article so profitable, and so easily raised, ought to have en- gaged the attention of the proprietors. To the culture of cotton the climate and soil were equally favourable. It might have been planted on lands newly cleared, or on light and sandy grounds, such as the maritime parts of Carolina, which are by no means unsuitable to the production. The seeds are commonly sown about two feet and a half asun- der, and grow up like other plants. Indeed the fields require to be kept clean, and the fresh earth care- fully thrown around the plant, to defend it against the winds; but this is no difficult task, and might be performed by hands incapable of more severe la- bour. When the pods burst, cotton is gathered, and separated from the seeds ; which is the most tedious and troublesome part of the business requisite. This article also, though not of importance enough to have engrossed the whole attention of the colonists, I Nathaniel Johnson received a commission from John, might nevertheless, in conjunction with other staples, Lord Gran ville, investing him with the government of have been rendered profitable and useful. Carolina, to which office a salary of 200^. was annexed, Instead of these and several other articles, to to be paid annually by the receiver-general of the co- which the views of the planters in the weaker and I lony. This gentleman had not only been bred a soldier earlier state of the colony ought to have been turned I from his youth, but had been also a member of the in some degree, we find from this period the culture I house of commons, and was well qualified for the of rice engrossing their whole strength and atten- trust. But it being suspected that he was no friend tion. This commodity being an article of provision, I to the revolution, the proprietors could not obtain was indeed likely always to find a good market ; I her majesty's approbation of him; but on his under- yet it was scarcely possible to have fixed on a staple taking to qualify himself for the office in such a which required more severe labour during the whole manner as the laws uf England required, to give se- process of its preparation. The warm climate and curity for his observing the laws of trade and navi- low lands were doubtless well adapted to the nature I gation, and obey such instructions as should be sent of the grain, after experience had taught the hus- 1 out from time to time by her majesty, he was ulti- bandman to clear and cultivate the swampy grounds mately accepted; and the lords commissioners of for that purpose : yet it is certain that the planters trade and plantations T .vere ordered to take care that long went on with this article, and exhausted their I good and sufficient security be given by him. strength in raising it on higher lands, which poorly I With respect to his own conduct in the govern- rewarded them for their toil. After clearing the ment of the colony, he had instructions from the lands they commonly plant it in furrows made with proprietors to follow such rules as had been given a hoe, about eighteen inches asunder. When the to former governors, in the fundamental constitutions seed is sown, the fields must be carefully kept clear and temporary laws entered upon record, and to be of noxious weeds, which retard its growth, and the guided by the same as far as in his judgment he earth must also be laid up to the root of the rice, to might think expedient. He was required, with the facilitate its progress. No work can be imagined advice and assistance of his council, carefully to re- more pernicious to health, than for men to stand in view the constitutions, and such of them as he should water mid-leg high, and often above it, planting and think necessary to the better establishment of go- weeding rice ; while the scorching heat of the sun vernment, and calculated for the good of the people, renders the air they breathe ten or twenty degrees 1 he was ordered to lay before the assembly for their botter than the human blood, and the putrid and J concurrence and assent. He was to use his endea- Sir Nathaniel Johnson appointed governor The church of England established by law TJie inhabitants re- monstrate against it -Lay commissioners appointed The ads ratified by the proprietors The petition of dissenters to the house of lords'Resolutions of the house of lords Their address to the queen The queen's answer A project formed for invading Ca- rolina A Spanish and French invasion repulsed Missionaries sent out by the society in England Lord Craven, palatine Edward Tynte, governor The revenues of the colony The invasion of Ca- nada A French colony planted in Louisiana A colony of palatines settled Robert Gibbes, governor- Charles Craven, governor An Indian war in North Carolina The Tuskorora Indians conquered Bank- bills established Trade infested by piratet Several English statutes adopted. On the accession of Anne to the English throne, Sir 926 THE HISTORY OF AMERICA. vours to dispose of their lands ; but to take nothing less than VOl. for 1000 acres; and, in all future grants, to make them escheat to the proprietors, un- less a settlement was made on them within the space of four years. He was to take special care that the Indians be not abused or insulted, and to study the most proper methods of civilizing them, and creating a firm friendship with them, in order to protect the colony against the Spaniards in the neighbourhood. He was to transmit to England exact copies of all laws passed, accounts of the lands sold, &c. It has already been observed, that the colony was in a wretched state with respect to religion. The first emigrants from England, retained indeed for a little time some sense of it, and showed some respect for the ordinances of the Gospel: but their children, born in a wilderness, where there was not so much as even the semblance of public worship, were likely to grow up in ignorance, and to live entirely void of all sense of religion. The proprietors were either unable to furnish them with the proper means of in- struction, or they were unwilling to bear the expense of it, having as yet received little recompense for the past charges of the settlement. Not only the emi- grants from England, but also those from France and Holland, were much divided in their private opinions with respect to modes of religious worship ; and for this reason all governors, excepting the last, had prudently deferred interfering in a matter which would occasion uneasiness and confusion among the settlers. Still, however, the establishment of the c hurch of England in Carolina was the chief object in view with the proprietors. The palatine was a bigoted zealot for this mode of ecclesiastical worship and government : the governor was strongly at- tached to it. James Moore, who was made receiver- general, and Nicholas Trott, the attorney-general, were also men of the same complexion. These men, assisted by a majority of the council, now began to con- cert measures with art and skill, and to pursue them with firmness and resolution, for accomplishing this end, and gratifying the earnest desire of the pa- latine. It was not, however, without some difficulty, and considerable struggles,that the keen opposition raised by dissenters, who now plainly perceived their de- sign, and who had an irreconcileable aversion from episcopacy, could be overcome. This the governor and his party foresaw, and therefore it became ne- cessary first to exert themselves to secure a majority in the assembly in favour of the measure they had in view. Hitherto the riotous proceedings at'the for- mer election had been overlooked, and the rioters, by the countenance and protection of the preceding governor, had escaped prosecution. The grand jury represented this neglect as a grievance to the court ; but the judge told them, " That was a matter which lay before the governor and council, his superiors." When the complaint was made to the governor in council, he replied, " That these irregularities hap- pened before his appointment to the government, but that he would take care to prevent them for the time to come." Notwithstanding this declaration, if we may believe the dissenters, at the following election still greater irregularities prevailed. By the same undue influence and violence the governor and his adherents gained their point, and secured a majority in the house ; so that a species of corruption had now infected the great fountain of liberty, the election of representatives. It would appear that some of the colonists at this period had distinguished themselves by loose princi- ples and licentious language, and had treated some of the fundamental doctrines of the Christian religion with the ridicule and contempt of professed infide- lity. To bring an odium upon this class of dissen- ters, and to discourage such licentious practices, a bill was brought into the new assembly for the sup- pression of blasphemy and profaneness ; by which bill, whoever should be convicted ofhaving spoken or written any thing against the Trinity, or the di- vine authority of the Old or New Testament, by the oath of two or more credible witnesses, were to be made incapable, and disabled in law to all intents and purposes, of being members of assembly, or of holding any office of profit, civil or military, within the province : and whoever should be convicted of such crimes the second time, were also to be disabled from suing or bringing any action of information in any court of law or equity, from being guardian to any child, executor or administrator to any person ; and without bail suffer imprisonment for three years. Which law, notwithstanding its pretended motive, savoured not a little of an inquisition, and intro- duced a species of persecution ill calculated to an- swer the end for which it was intended. To punish men guilty of blasphemy and profaneness in this way, instead of bringing their crimes into public disrepute and abhorrence, served rather to render their persons objects of compassion, and induce men to pity them on account of their sufferings. However, had Sir NathanielJohnson stopt here, many reasons might have been urged in his vindica- tion ; but he had other measures in view, much more unpopular and oppressive. He looked upon dissen- ters of every denomination as enemies to the consti- tutions of both church and state, and therefore, to subvert their power and influence, or compel them to uniformity of sentiment, another bill was brought into the assembly, framed in sucll^. manner as to ex- clude them entirely from the heuse\pf representa- tives. This bill required every manXwho should hereafter be chosen a member of assembly, to take the oaths and subscribe the declaration appointed by it, to conform to the religion and worship of the church of England, and to receive the^acrament of the Lord's Supper, accordingto'tke-rfghts and usage of that church ; a qualification which dissenters con- sidered as having a manifest tendency to rob them of all their civil rights or religious liberties. To carry this bill through the house, all the art and influence of the governor and his party were requisite. In the lower house it passed by a majority of one vote, and in the upper house Landgrave Joseph Morton was refused liberty to enter his protest against it. At this juncture no bill could have been framed more inconsistent with the rights and privileges of the freemen, and more pernicious to the interest and prosperity of the country. The dissenters, who were a numerous and powerful body of the people, were highly offended, and raised a great outcry against it. Seeing themselves reduced to the necessity of receiv- ing laws from men whose principles of civil and ec- clesiastical government they abhorred, and subjected to greater hardships than they suffered in England, many had formed resolutions of abandoning the co- lony. Loud clamours wore not only heard without doors, but jealousies and discontent filled the hearts of many within them, not of dissenters only, but also of those who adhered to the church. In this distracted state of the colony, the inhabi tants of Colleton county, composed chiefly of dis- senters, met and drew up a state of their grievous circumstances, which they resolved to transmit to UNITED STATES. 927 the proprietors, praying their lordships to repeal this oppressive act. John Ash, one of the most zoa- lous men in the opposition, agreed to embark for England as agent for the aggrieved party, computed to be at least two-thirds of the whole inhabitants of the colony. The governor and his friends, apprized of this design, used all possible means to prevent him from obtaining a passage in any ship belonging to Carolina. Upon which Ash went to Virginia, to which province his instructions were conveyed to him, and from thence he set sail for England. After his arrival he waited on Lord Granville, the palatine, acquainting him with the design of his message ; but met with a very cold reception. That nobleman was too deeply concerned in bringing about that establishment against which Ash came to .complain, favourably to listen to his representations. Accordingly, after staying some time in London, and giving the proprietors all the information in his power relating to public affairs, the only satisfaction he could obtain from the palatine was, that he should cause his secretary to write to the governor an ac count of the grievances and hardships of which Mr. Ash complained, and require an answer from him with respect to them. Mr. Ash, observing how the palatine stood affected, and despairing of success, immediately began to draw up a representation of their case, which he intended for the press : but be- fore he had finished it he was taken sick, and died ; and his papers fell into his enemies' hands. He was a man of a warm and passionate temper, and pos- sessed of all those violent sentiments which ill usage, disappointment, and oppression, naturally kindle in the human breast. His representation, intended as an appeal to the nation in general, for the suffer- ings of the people under the tyrannical proprietary government, was full of heavy charges against the governor and his party in Carolina, and bitter re- flections on their conduct, which he considered as in the highest degree injurious to the colony. Without doubt the lords proprietors planned this establishment with a view to the peaceful influence it wuuld have upon the civil government of the country, as the preamble to the act expressly indi- cates. Their feeble and fluctuating state required the assistance and authority of an established church, and the sanction of religion, to give it more weight and influence with the people. How far the mea- sures adopted served to promote the desired end, and were consistent with prudence and good policy, will afterwards more clearly appear. Sir Nathaniel Johnson having advanced so far, was determined to proceed in spite of every obstacle thrown in his way. He instituted what the inhabitants of Carolina took to be a high-commission court, like that of King James II. It was enacted, that twenty lay-persons be constituted a corporation for the ex- ercise of ecclesiastical jurisdiction, with full power to deprive ministers of their livings at pleasure, not for immorality only, but also for imprudence, or on account of unreasonable prejudices taken against them. In vain did many persons complain of this institution, as tearing the ecclesiastical jurisdiction out of the hands of the bishop of London, in whose diocese the whole British colonies in America were included. The governor, bent on carrying into ex- ecution the favourite plan of the palatine, paid little regard to the uneasy apprehensions of the people. According to the act for erecting churches, the co- lny was divided into ten parishes ; seven in Berkley, two in Colleton, and one in Craven counties. Money was provided for building churches ; lands were granted for glebes and churchyards ; and salaries for the different rectors were fixed and appointed, pay- able from the provincial treasury. When these bills were transmitted to England, to be ratified and con- firmed by the proprietors, John Archdale opposed them, and insisted, that the dissenters of Carolina had not yet forgot the hardships they suffered in En- gland from acts of uniformity ; that the right of pri- vate judgment in religious matters was the birthright of every man ; that undisturbed liberty of conscience was allowed to every inhabitant of Carolina by the charter ; that acts of conformity, with penalties an- nexed to them, have in general proved destructive to the cause they were intended to promote, and were utterly inconsistent with Protestant principles ; and therefore that these bills, so unpopular and 'op- pressive in Carolina, ought tot e repealed, as contrary to sound policy and religious freedom. The majo- rity of the proprietors, however, did not view them in this light, and the debate ran high between them. At length the palatine, equally tyrannical as bigoted, put an end to the dispute, by telling Mr. Archdale : " Sir, you are of one opinion, I am of another ; our lives may not be long enough to end the controversy. I am for the bills, and this is the party that I will head and support." In consequence of which the acts were ratified by four proprietors, and the follow- ing letter was sent to Sir Nathaniel Johnson : " Sir, the great and pious work which you have gone through with such unwearied and steady zeal, for the honour and worship of Almighty Gnd, we have also finally perfected on our part ; and our ratification of that act for erecting churches, &c., together with duplicates of all other dispatches, we have forwarded to you by Captain Flavel." The episcopal party having now got their favou- rite form of divine worship established by law in Ca- rolina, began to erect churches in such situations as were most centrical and convenient for the settlers ; and to supply them with clergymen, application was made to the society in England for the propagation of the Gospel. The dissenters, despairing of all hopes of redress from the proprietors, became greatly dis- couraged, and could not brook the thoughts of being again subjected to the same miseries which had com- pelled them to leave their native country. Some were for transporting their families and effects im- mediately to Pennsylvania, in order to sit down under Penn's free and indulgent government; others pro- posed an application to the house of lords in En- gland, praying them to intercede with her majesty for their relief. For this purpose a petition was drawn up, and carried over by Joseph Boone to England. Several merchants in London, after Boone's arrival, being convinced of the illegal means by which those grievous acts were brought to pass, and of their pernicious consequence to trade, joined the petition- ers. Accordingly, about the beginning of the year 1706, the following petition was presented to the house of lords : setting forth, " That when the pro- vince of Carolina was granted to the proprietors, for the better peopling of it, express provision was made in the charter for a toleration and indulgence of all Christians, in the free exercise of their religion ; that, in the fundamental constitutions, agreed to be the form of government by the proprietors, there was also express provision made, that no person should be disturbed for any speculative opinion in religion, and that no person should, on account of religion, be excluded from being a member of the general as- sembly, or from any other office in the civil admi- nistration. That the said charter, being given soon 928 THE HISTORY OF AMERICA. after the happy restoration of King Charles II., and re-establishment of the church of England by the act of uniformity, many of the subjects of the king- dom who were so unhappy as to have some scruples about conforming to the rites of the said church, did transplant themselves and families into Carolina ; by means whereof the greatest part of the inhabitants there were Protestant dissenters from the church of England, and through the equality and freedom of the said fundamental constitutions, all the inhabitants of the colony lived in peace, and even the ministers of the church of England had support from Protestant dissenters, and the number of inhabitants and the trade of the colony daily increased, to the great im- provement of her majesty's customs, and the mani- fest advantage of the merchants and manufactures of the kingdom. " But that, in the year 1703, when a new assem- bly **+ to be chosen, which, by the constitution, is chosen once in two years, the election was managed with very great partiality and injustice, and all sorts of people, even aliens, Jews, servants, common sailors and negroes were admitted to vote at elec- tions : that, in the said assembly, an act was passed to incapacitate every person from being a member of any general assembly that should be chosen for the time to come, unless he had taken the sacrament of the Lord's Supper, according to the rites of the church of England ; whereby all Protestant dissenters are made incapable of being in the said assembly ; and yet, by the same act, all persons who shall take an oath that they have not received the sacrament in any dissenting congregation for one year past, though they have not received it in the church of England, are made capable of sitting in the said as- sembly : that this act was passed in an illegal man- ner, by the governor calling the assembly to meet the 26th of April, when it then stood prorogued to the 10th of May following: that it hath been rati- fied by the lords proprietors in England, who refused to hear what could be offered against it, and con- trary to the petition of 170 of the chief inhabitants of the colony, and of several eminent merchants trading hither, though the commons of the same assembly quickly after passed another bill to repeal it, which the upper house rejected, and the governor dissolved the house. " That the ecclesiastical government of the colony is under the bishop of London ; but the governor and his adherents have at last done what the latter often threatened to do, totally abolished it : for the same assembly have passed an act, whereby twenty lay-persons, therein named, are made a corporation for the exercise of several exorbitant powers, to the great injury and oppression of the people in general, and for the exercise of all ecclesiastical jurisdiction, with absolute power to deprive any minister of the church of England of his benefice, not only for im- morality, but even for imprudence, or incurable prejudices between such minister and his parish; and the only minister of the church established in the colony, Mr. Edward Marston, hath already been cited before their board, which the inhabitants of the province take to be a high ecclesiastical commis- sion-court, destructive to the very being and essence of the church of England, and to be held in the utmost detestation and abhorrence by every man that is not an enemy to our constitution in church and state. " That the said grievances daily increasing, your petitioner Joseph Boone is now sent by many prin- cipal inhabitants and traders of the colony, to re- present the languishing and dangerous situation of it to the lords proprietors ; but his application to them has hitherto had no effect : that the ruin of the colony would be to the great disadvantage of the trade of this kingdom, to the apparent prejudice of her majesty's customs, and the great benefit of the French, who watch all opportunities to improve their own settlements in those parts of America." After reading this petition in the house of lords, the palatine desired to be heard by his council, which was granted, and the further consideration of the matter was postponed for one week. Then having heard what Lord Granville had to offer in his be- half, the lords agreed to address her majesty in favour of the distressed petitioners of Carolina. They declared that, after having fully and maturely weighed the nature of the two acts passed in Caro- lina, they found themselves obliged in duty to her majesty, and in justice to her subjects, (who, by the express words of the charter, were declared to be the liege people of the crown of England, and to have a right to all the liberties, franchises, and pri- vileges of Englishmen), to come to the following re- solutions : " First, That it is the opinion of this house, that the act of assembly in Carolina, lately passed there, signed-and sealed by John, Lord Gran- ville, for himself, Lord Carteret, and Lord Craven, and by Sir John Colleton, four of the proprietors of that province, in order to the ratifying of it, entitled, An act for the establishment of religious worship in the province, according to the church of England, &c. so far forth as the same relates to the establishing a commission for the displacing of rectors and minis- ters of the churches there, is not warranted by the charter granted to the proprietors, as being not con- sonant to reason, repugnant to the laws of the realm, and destructive to the constitution of the church of England. Secondly, That it is the opinion of this house, that the act of assembly in Carolina, entitled, An act for the more effectual preservation of the government of the province, by requiring all persons that shall hereafter be chosen members tof the com- mons house of assembly, and sit in thq same, to take the oaths and subscribe the declaration ap- pointed by this act, and to cohformtpxthe religious worship in this province, according the church of England, and to receive the sacrament of the Lord's Supper, according to the rites and usage of the said church, &c. is founded on falsity in matter of fact, is repugnant to the laws of England, contrary to the charter of the proprietors, is an encouragement to atheism and irreligion, destructive to trade, and tends to the depopulation and ruin of the province." After which resolutions the house addressed her majesty in the following words : " We, your ma- jesty's dutiful subjects, having thus humbly pre- sented our opinion of these acts, we beseech your majesty to use the most effectual methods to deliver the said province from the arbitrary oppressions under which it now lies, and to order the authors thereof to be prosecuted according to law; at the same time we represent to your majesty, how much the powers given by the crown have been abused by some of your subjects, justice requires us to ac- quaint your majesty, that some of the proprietors absolutely refused to join in the ratification of these acts. We humbly beg permission to inform your majesty, that other great injustices and oppressions are complained of in the petition ; but the nature of the fact requiring a long examination, it was not possible for the house to find time for, so near the conclusion of the session ; and therefor* we presume, UNITED STATES. 929 with all fluty, to lay the petition itself before your majesty, at the same time we present our address. We cannot doubt but your majesty, who from the beginning of your reign has shown so great a con- cern and tenderness for all your subjects, will ex- tend your compassion for those distressed people, who have the misfortune to be at so great a distance from your royal person, and not so immediately under your gentle administration. Your majesty is fully sensible of what great consequence the plantations are to the crown of England, and to the trade of your subjects, and therefore we rest as- sured, that as your majesty will have them all under your royal care, so, in particular, you will be gra- ciously pleased to find out and prosecute the most effectual means for the relief of the province of Ca- rolina." To which address the queeh returned the follow- ing answer: " I thank the house for laying these matters so plainly before me: I am sensible of what great consequence the plantations are to England, and will do all in my power to relieve my subjects in Carolina, and protect them in their just rights." But as it likewise appeared that some of the pro- prietors themselves had refused to approve of the acts, the matter was further referred to the lords of trade and plantations; who, after examination, found that all the charges brought against the pro- vincial government and the proprietors were well grounded; and represented further to her majesty, that the making of such laws was an abuse of the powers granted to the proprietors by the charter, and will be a forfeiture of it, and humbly begged that she would be pleased to give directions for re- assuming the same into her majesty's hands, by a tcire facias in the court of queen's bench. The queen approved of their representation, and after declaring the laws null and void, for the effectual proceeding against the charter by way of quo war- ranto, ordered her attorney and solicitor-general to inform themselves fully concerning what may be most effectual for accomplishing the same, that she might take the government of the colony, so much abused by others, into her own hands, for the better protection of her distressed subjects. Here, how- ever, the matter was dropt for the present, and no further steps were taken against the charter of the proprietors, or for the relief of the people. In the mean time the distant colonists, though they had heard nothing of what had passed in Eng- land relating to those grievous acts, became daily more sensible of their oppressive nature and perni- cious consequence. Several settlers had left the country on account of them, and moved to Pennsyl- vania. Archibald Stobo, a Presbyterian minister in Charlestown, who had warmly opposed this esta- blishment from the beginning, had also convinced many who remained of the severities and hardships the dissenters in England had suffered from the ri gors of the episcopal government. Several circum- stances proved favourable to Stobo's opposition; he possessed those talents which render a minister con- spicuous and respected, and the people that party-zeal which becomes violent from persecution. To his treasures of knowledge and excellent capacity for instruction, he added uncommon activity and dili- gence in the discharge of the various duties of his sacred function. He had a natural aversion to the episcopal jurisdiction, and no minister of the colony had engrossed so universally the public favour and esteem. The governor and his adherents found it necessary to sow the seeds of division among his HIST. OF AMB*. Nos, 117 & 118. followers, and, from maxims of policy, to magnify his failings, in order to ruin his great power and influence. But the presbyterian party were not the only mal- contents during these unwarrantable proceedings of the legislature. Many wise and religious men of all denominations condemned them, as grievous and impolitic, and opposed the acts of assembly. Even the society for propagating the Gospel in England disapproved of them, and resolved not to send any missionaries to Carolina, until the clause relating to lay -commissioners was annulled. So that all im- partial men, in some measure, condemned the acts, and seemed to detest both the factious men who framed them, and the method by which they had been promoted in the province. At length, from these domestic troubles the atten- tion of the people was drawn off, and turned towards a more important object, their common defence against foreign enemies. The war between Great Britain and France and Spain still raged in Eu- rope. The governor received advice of a project framed for invading Carolina, and had instructions to put the country in the best posture of defence. The Spaniards pretended a right to it on the foot of prior discovery, considering it as a part of Florida, and had now determined by force of arms to assert their right. Sir Nathaniel Johnson, as a military commander, was well qualified for his duty. No sooner had he received intelligence of the designs of his enemy, than he set all hands to work upon the fortifications, appointed a number of gunners to each bastion, and held frequent musters to train the men to the use of arms. A storehouse was prepared, and a quantity uf ammunition laid up in it. to be ready on the first emergency. A small fort, called Fort Johnson, was erected on James's island, and several great guns mounted on it. Trenches were cast up on White Point, and other places where they were thought necessary. A guard was sta- tioned on Sullivan's island, with orders to kindle a number of fires opposite to the town, equal to the num- ber of ships they might spy on the coast. And every prudent regulation was made to prevent a surprise. Carolina. was at this juncture the southern frontier of the British empire in America; but the colony, although it had acquired some degree of strength, was yet in a feeble state to resist an enemy of force and enterprise. From its situation there was reason to apprehend that the French and Spaniards would attack it, as it would fall an easier conquest than the more populous northern settlements ; and before this time a plan had been concerted at the Havanna for invading it. Mons. ie Feboure, captain of a French frigate, together with four more armed sloops, encouraged and assisted by the Spanish governor of that island, had already set sail for Charlestown. To facilitate the conquest of the province, he had directions to touch at Augustine, and carry from thence such a force as he judged adequate, to the enterprise. Upon his arrival at Augusfhie, he had intelligence of an epidemical distemper wnich raged at Charlestown, and had swept off a vast number of inhabitants. This animated him to proceed with greater expedition. Imagining the town to be in a weak and defenceless state, and that the militia in the country would be averse from coming nigh it, through fear of the fatal infection, he took on board a considerable number of forces at Augustine, and made all the sail he could for Carolina. Before this time, a Dutch privateer, formerly be- longing to New York, by order of the goveinor of 41 HISTORY OF AMERICA. Carolina, had been refitted at Charlestowu for cruis- ing on the coast. The command had been given to Captain Stool, who was sent out on purpose to in- tercept the supplies regularly sent to Augustine from the Havauna. After being out a few days he returned, and brought advice of having engaged a French sloop off the bar of Augustine ; but upon seeing four more ships advancing, made all the sail he could for Charlestown, and thus narrowly escaped falling into the enemy's hands. Scarcely had he delivered the news, when nve separate smokes ap- peared on Sullivan's island, as a signal to the town that the same number of ships were observed on the coast. Sir Nathaniel Johnson being at that time at his plantation, several miles from town, Lieutenant- Colonel William Rhett, commanding-officer of the militia, immediately ordered the drums to beat, and the whole inhabitants to be put under arms. A mes- senger was dispatched with the ne.ws to the governor, and letters to all the captains of the militia in the country, to fire their alarm-guns, raise their compa- nies, and with all possible expedition march to the assistance of the town. In the evening the enemy's fleet came the length of Charlestown bar; but as the passage was intri- cate and dangerous, they did not think it prudent to venture over it while the darkness of the night approached, and therefore hovered on the coast all night within sight of land. Early next morning the watchmen stationed on Sullivan's island observed them a little to the southward of the bar, manning their galleys and boats, as if they intended to land on James's island ; but there having come to an anchor, they employed their boats aU that day in sounding the south bar : which delay was of great service to the Carolineans, as it afforded time for the militia in the country to march to town. The same day Sir Nathaniel Johnson, the gorer- nor, came to Charlestown, and found the inhabitants in great consternation ; but he inspired them with fresh confidence and resolution. Martial law was proclaimed at the head of the militia ; and the ne- cessary orders were sent to the Indian tribes in al- liance with the colony, which brought a number of them to his assistance. As a contagious distemper raged in Charlestown, the governor judged it im- prudent to expose his men to the infection,' and therefore held his head-quarters about half a mile distant from town. In the evening a troop of horse, commanded by Captain George Logan, and two companies of foot, under the command of Major George Broughton, reached the capital, and kept diligent watch during the night. The next morning a company from James's island, under the command of Captain Drake, another from Wando, under Cap- tain Fenwick, and five more commanded by Cap- tains Cantey, Lynch, Hearn, Longbois, and Sea- brook, joined the militia of the town ; so that the whole force of the province, with the governor at their head, was now collected together in one place. The day following, the enemy's four ships and a galley came over the bar, with all their boats out for landing their men, and stood directly for the town, having the advantages of a fair wind and strong tide. When they had advanced so far up the river as to discover the fortifications, they cast anchor a little above Sullivan's island. The governor, observing the enemy approaching towards the town, marched his men into it to receive them ; but finding they had stopt by the way, he had time to call a council of WM, m whiofi it was agreed to put some great guns on board of such ships as wen- in the harbour, and em- ploy the sailors in their own way, for the bettor UNITED STATES. 941 rates, complained to the king in council of the heavy losses the trade of the nation had sustained from them. In consequence of which the king issued a proclamation, promising a pardon to all pirates who should surrender themselves in the space of twelve months, and at the same time ordered to sea a force for suppressing them. As they had made the island of Providence their common place of re- sidence. Captain Woodes Rogers sailed against this island, with a few ships of war, and took possession of it for the crown. Except one Vane, who, with about 90 more, made their escape in a sloop, all the pirates took the benefit of the king's proclamation, and surrendered. Captain Rogers having made himself master of the island, formed a council in it, and appointed officers, civil and military, for the better government of its inhabitants. He built some forts for its security and defence, and so ordered matters, that, for the future, the trade of the West Indies was well protected against this lawless crew. . Though the pirates on the island of Providence were crushed, those of North Carolina still remained, and were equally insolent and troublesome. Vane, who escaped from Captain Rogers, had taken two ships bound from Charlestown to London. A pirate sloop of ten guns, commanded by Steed Bonnet, and another commanded by Richard Worley, had taken possession of the mouth of Cape Fear river. which place was now the principal refuge left for these robbers. Their station there was so conve- nient for blocking up the harbour of Charlestown, that thr trade of the colony was greatly obstructed by them. No sooner had one crew left the coast than another appeared, so that scarcely one ship coming in or going out escaped them. Governor Johnson resolving to check their insolence, fitted out a ship of force, gave the command of it to Wil- liam Rhett, and sent him out to sea for the protec- tion of trade. Rhett had scarcely got over the bar, when Stee4 Bonnet perceived him, but finding he was more than match for him, made all the sail he could for his refuge in Cape Fear river. Thither Rhett followed him, took the sloop, and brought the commander, and about 30 men with him, to Charlestown. Soon after this Governor Johnson himself embarked, and sailed in pursuit of the other sloop of six guns, commanded by Richard Worley, which, after a desperate engagement off the bar of Charlestown, was also taken. The pirates fought ferociously, until they were all killed or wounded, excepting Worley and another man, who were like- wise dangerously wounded. These two men, together with their sloop, the governor brought into Charles- town, where they were instantly tried, condemned, and executed, to prevent their dying of their wounds. Steed Bonnet and his crew were also tried, and all, except one man, hanged, and buried on White Point, below high-water mark. Governor Johnson, formerly a popular man, was now become much more so, by his courage, and the success attending his expedition against the pirates. This check, together with that they received among the islands, served to extirpate these buccaniers, who had declared war against all mankind; and had reduced themselves to a savage state of society. But these two expeditions from Carolina, though crowned with success, cost the province upwards of 10,000/., an additional burden which, at this junc- ture, it was ill qualified to support. At the same time, Governor Johnson had instruc- tions to reduce the paper currency circulating in the province, of which the mercantile interest loudly complained, as injurious to trade. He recommended to the assembly to consider of means for sinking it, and told them they were bound in honour and jus- tice to make it good. The Indian war had occa- sioned a scarcity of provisions ; by the large emis- sions of paper-money it sunk in value, and the price of produce arose to an exorbitant height. As the value of every commodity is what it will bring at market, so the value of paper-money is according to the quantity of commodities it will purchase. Both rice and naval stores, however high, by dou- bling the quantity of paper-money, though the com- modities remained the same as formerly, became still much higher. The merchants and money-lenders were losers by those large emissions ; and the plant- ers indebted to them, on the other hand, were gain- ers by them. Hence great debates arose in the assembly about paper-money, between the planting and mercantile interests. At this time the governor, however, had so much influence as to prevail with the assembly to pass a law for sinking and paying off their paper-credit in three years, by a tax on lands and negroes. This act, on its arrival in Eng- land, gave great satisfaction both to the proprie- tors and people concerned in trade, and the gover- nor received their thanks for his attention to the commercial interests of the country. This compliance of the assembly with the gover- nor's instructions from England, and the good hu- mour in which they at present appeared to be, gave him some faint hopes of reconciling them by degrees to the supreme jurisdiction of the proprietors. But their good temper was of short duration, and the next advices from England destroyed all his hope* of future agreement. The planters finding that the tax-act fell heavy on them, began to complain of its injustice, and to contrive means for eluding it, by scamping more bills of credit. The proprietors having information of this, and also of a design formed by the assembly to set a price on country commodities, and make them at such a price a good tender in law for the payment of all debts, they strictly enjoined their governor not to give his as- sent to any bill framed by the assembly, nor to ren- der it of any force in the colony, before a copy of the same should be laid before them. About the same time the king, by his order in council, signi- fied to the proprietors, that they should repeal an act passed in Carolina, of pernicious consequence to the trade of the mother country, by which a duty of ten per cent, was laid on all goods of British ma- nufacture imported into that province. Accordingly this act, together with that for regulating elections, and another for declaring the right of assembly for the time being to nominate a public receiver, were all repealed, and sent to Governor Johnson in a let- ter, which enjoined him instantly to dissolve the present assembly and call another, to be chosen in, Charlestown, according to the ancient usage and customs of the province. The proprietors con- sidered themselves as the head of the legislative body, who had not only power to put a negative on all laws made in the colony of which they disap- proved, but also to repeal such as they deemed of pernicious consequence. Governor Johnson, sensible of the discontent which prevailed among the people at the proprietary government, and the ill consequences that would attend the immediate execution of his orders, sum- moned his council, to whom he communicated his orders and instructions from England. They were most of them much surprised at them, but Trolt 942 THE HISTORY OF AMERICA. probably knew from what they derived their origin, and to whose influence the repeal of those laws ought to be ascribed. But as the assembly were at that time deliberating about the means of paying the provincial debt contracted by the expedition against the pirates, and other contingent charges of government, it was agreed to postpone the disso- lution of the house until the business then before them should be finished. However, the repeal of the duty-law being occasioned by an order from the king iu council, they resolved to acquaint the assem- bly immediately with the royal displeasure at that clause of the law laying a duty on all goods manu- factured in Great Britain, and recommended it to them to make a new act, leaving out that clause which had given offence. Meanwhile, though great pains were taken to conceal the governor's instruc- tions from the people, yet by some means they were divulged, and kindled violent flames among them. The assembly entered into a warm debate about the proprietors' right of repealing laws passed with the assent of their deputies. Many alleged, that the deputation given to them was like a power of attor- ney sent to persons at a distance, authorizing them to act in their stead ; and insisted, that, according to the charter, they were bound by their assent to acts, as much as if the proprietors themselves had been present, and ratified and confirmed them. While the colony was thus harassed by rigorous landlords, to enhance their misery, their savage neighbours were again making incursions into theijr settlements. At this time a scalping party pene- trated as far as the Euhah lands, where having sur- prised John Levit and two of his neighbours, they knocked out their brains with their tomahawks. They then seized Mrs. Borrows and one of her chil- dren, and carried them off with them. The child, by the way, finding himself in barbarous hands, be- gan to cry, upon which they put him to death. The distressed mother, being unable to refrain from tears while her child was murdered before her eyes, was given to understand, that she must not weep, if she desired not to share the same fate. Upon her arri- val at Augustine she would have been immediately sent to prison, but one of the Yamassee kings de- clared he knew her from her infancy to be a good woman, interceded for her liberty, and begged she might be sent home to her husband. This favour, however, the Spanish governor refused to grant, and the garrison seemed te triumph with the Indi- ans in the number of their scalps. When Mr. Bor- rows went to Augustine to procure the release of his wife, he also was imprisoned along with her, where he soon after died : but she survived all these hard- ships to give a relation of her barbarous treatment. After her return to Carolina, she reported to Gover- nor Johnson, that the Huspah king, who had taken her prisoner and carried her off, informed her, he had orders from the Spanish governor to spare no white man, but to bring every negro alive to Au- gustine ; and that rewards were given to Indians for their prisoners, to encourage them to engage in such rapacious and murderous enterprises. The Chief Justice Trott being suspected of hold- ing a private correspondence with the proprietors, to the prejudice of the Carolineans, had incurred their dislike. Richard Allein, Whitaker, and other practitioners of the law, charged him with many ini- quitous practices. No less than 31 articles of com- plaint against him were presented to the assembly, setting forth, among other things, " That he had been guilty of many partial judgments ; that he had contrived many ways to multiply and increase his fees, to the great grievance of the subject, and con- trary to acts of assembly ; that he had contrived a fee for continuing causes from one term to another, and put off the hearing of them for years; that he took upon him to give advice in causes depending in his courts, and did not only act as counsellor in that particular, but also had drawn deeds between party and party, some of which had been contested before him as chief-justice, and in determining of which he had shewn great partialities ; with many more particulars ; and, lastly, complaining, that the whole judicial power of the province was lodged in his hands alone, of which it was evident he had made a very ill use, he being at the same time sole judge of the courts of Common Pleas, King's Bench, and Vice-Admiralty; so that no prohibition could be lodged against the proceedings of the court, he being obliged, in such a case, to grant a prohibition against himself; he was also, at the same time, a member of the council, and of consequence a judge of the court of Chancery." These articles of complaint, though they took their rise from the bar, were well grounded, and were supported by strong evidence before the assembly. But as the judge held his commission from the pro- prietors, he denied that he was accountable to the assembly for any part of his conduct in his judicial capacity ; and declared that he would be answer- able no where but in England. The assembly, however, sensible that he held his commission only during good behaviour, sent a message to the go- vernor and council, requesting they would join them in representing his partial anS unjust conduct in his office to the proprietors, praying them either to re- move him from his seat in thV courts of justice, or at least to grant him onlypne jurisdiction, and the people liberty of appeat"ffom his judgments. The governor and major part of the council, convinced of the mal-administration of the judge, agreed to join the commons in their representation. But being sensible of the great interest the chief-justice had with their lordships, they judged it most pru- dent to send one of their counsellors to England with their memorial, that it might find greater credit and weight, and the more certainly procure redress ; and Francis Yonge, a man of considerable abilities, who had been present at all their debates, was selected, who set sail for England, and arrived in London early in the year 1719. Soon after his arrival, he waited on Lord Carteret, the Palatine ; but as his lordship was preparing to set out on an embassy to the court of Sweden, he referred him to the other proprietors for an answer to his representations. When the proprietors met, Yonge presented to them a memorial, setting forth, " That he had been appointed by the governor and council of South Carolina, to lay before them, not only several acts of assembly passed there during their last sessions for their approbation, but also to inform them of the reasons that induced the gover- nor and council to defer the dissolution of the as- sembly, in consequence of their lordships' com- mands ; that he was instructed to shew their lord- ships the arguments between the upper and lower houses of assembly, touching their lordships' right of repealing laws ratified and confirmed by their de- puties ; and presented to them a speech made by Chief-Justice Trott at a general conference of both houses, together with the answer of the commons to it, and the several messages that passed between them, which he hoped would shew their lordships, UNITED STATES. that, no arguments or endeavours were wanting on tneir part to assert the right the proprietors had of repealing laws not ratified by them. " At the same time, he was desired to request their lordships to augment their secretary's salary, to allow the members of the council so much money for the time and expense of attending the council on their service ; to establish custom-house officers at Beaufort ; to grant 6000 acres of land to the three garrisons at Congarees, Savanna Town, and Apala- chicola; and liberty of appealing from erroneous judgments in law, which at that time the people had not, the whole judicial power in all the provincial courts being lodged in the hands of one man." He then delivered to them a letter from Governor John- son, the articles of complaint against Chief Justice Trott, and the joint address of the governor, council, and assembly, praying to have him removed entirely from the bench, or confined to a single jurisdiction. This memorial, however, was far from satisfying the proprietors, some of whom inferred from it, that the people were solicitous to search for causes of dis- satisfaction, with a view to shake off the proprietary authority. Their letters from Trott served to con- firm the truth, which intimated that Yonge, though an officer of the proprietors, by chicanery had as- sisted the people in forming plausible pretences for that purpose. For three months Youge attended the Palatine's court, to give the board all possible information about the state of affairs in their colony, and to accomplish the ends of his appointment; but, after all, he was given to understand, that the busi- ness on which he was sent was extremely disagree- able to them; that the trouble he had taken, and the office he had accepted as agent for the people, were inconsistent with his duty as one of their de- puties. They declared their displeasure with the members of the council who had joined the lower house in their complaints against Trott, and re- moved them from the board, appointing others in their place, and increasing the number of members; and told Yonge, that he also would have been de- prived of his seat but for the high respect they had for Lord Carteret, the absent Palatine, whose de- puty he was. With respect to Chief Justice Trott, they had too much confidence in his fidelity and ca- " pacity to remove him from his office. On the con- trary, they sent him a letter, thanking him for his excellent speech in defence of their right of repeal- ing all laws made in the colony ; together with a copy of the articles of complaint brought against him, on purpose to give him an opportunity of vin- dicating himself; at the same time acquainting him, that it was their opinion and order, that he should withdraw from the council-board whenever appeals from his judgments in the inferior courts shall be brought before the governor and council as a court of chancery. How far Governor Johnson, in their opinion, had deviated from his duty, in joining the other branches of the legislature in their representation, may be learned from the following letter from the proprie- tors, brought over to him by Yonge : " Sir, we have received and perused your letters and all your pa- pers, delivered us by your agent Mr. Vfonge; and though we are favourably inclined in all our thoughts relating to our governor, yet we must tell you, we think you have not obeyed the orders and directions given you to dissolve that assembly, and call another forthwith, according to the ancient usage and custom of the province, and to publish our repeals of the acts of assembly immediately upon the receipt of our orders aforesaid ; but we shall say no more or that subject now, not doubting but our governo will pay more punctual obedience to our orders fo the future. " The lords proprietors' right of confirming an<5 repealing laws was so particular a privilege granted them by the charter, that we can never recede from it; and we do assure you we are not a little sur- prised that you have suffered that prerogative of ours to be disputed. " We have sent you herewith an instruction under our hands and seals, nominating such persons as we think fit to be of the council with you, six of whom and yourself, and no less number, to be a quorum. 1 Upon your receipt of this we hereby require you to summon the said council, that they may qualify themselves according to law, and immediately sit upon the despatch of business. We also send you the repeal of the acts of assembly, which we order you to publish immediately upon the receipt of this. We do assure Mr. Johnson, that we will stand by him in all things that relate to the just execution of his office, and we are confident that he will perform his duty to us, and support our power and preroga- tive to the best of his abilities. If the assembly chosen according to your pretended late act is not dissolved, as we formerly ordered; and a new assem- bly elected, pursuant to the act formerly confirmed by the proprietors, you are forthwith commanded to dissolve that assembly, and to call another, accord- ing to the above-mentioned act ; arid so we bid you heartily farewell." Such was the result of Yonge's negotiation in England. Governor Johnson, who was well ac* quainted with the prevailing temper and discontented spirit of the people, plainly perceived, upon receiv- ing these new orders and instructions, what difficul- ties would attend the execution of them. The flame was already kindled, and nothing could be imagined more likely to add fuel to it than such rigour and oppression. The governor indeed had received in- structions, but had not sufficient power to enforce them. Determined, however, to comply with their commands, he summoned his council of twelve men whom the proprietors had nominated, who were William Bull, Ralph Izard, Nicholas Trott, Charles Hart, Samuel Wragg, Benjamin de la Consiliere, Peter St. Julien, William Gibbons, Hugh Butler, Francis Yonge, Jacob Satur, and Jonathan Skrine, some of whom refused, and others qualified them- selves to serve. Alexander Skene, Thomas Brough- ton, and James Kinloch, members of the former council, being now left out of the new appoint- ment, were disgustdd, and joined the people. The present assembly was dissolved, and writs were issued for electing another in Charlestown. The duty-act, from which the clergy were paid, the gar- risons maintained, and the public debts in general were defrayed, was repealed ; as was the law re- specting the freedom of election, by which the colo- nists were obliged to have recourse to the old, in- convenient, and tumultuous manner of elections in Charlestown ; and also the act declaring the right of the commons to nominate a public receiver, was declared to be contrary to the usage and custom of Great Britain. All laws respecting the trade and shipping of Great Britain, which any future assembly might pass, the governor had instructions to refuse bis assent to, till approved by the proprietors. The pro- vincial debts incurred by the Indian war, and the expedition against pirates, not only remained un- paid, but no more bills of credit were allowed to be THE HISTORY OF AMERICA. stamped. This council of twelve, instead of seven men, which was appointed, the colonists considered as an innovation in the proprietary government ex- ceeding the power granted their lordships by their charter, and therefore subjecting them to a juris- diction foreign to the constitution of the province. The complaints of the whole legislature against Chief Justice Trott were not only disregarded, but that mail, whom they considered as an enemy to the country, was privately caressed and publicly ap- plauded. All these things the colonists considered as aggravated grievances, and what rendered them the more intolerable was the circumstance of being deprived of all hopes of redress. It may be thought somewhat unaccountable and astonishing, that the proprietors should have per- sisted in measures so disagreeable and oppressive of themselves, and so manifestly subversive of their authority and power. Many were the hardships from the climate, and the danger from savages, with which the poor colonists had to struggle; yet their landlords, instead of rendering their circumstances as easy and comfortable as possible, seemed rather bent on crossing their humours and doubling their distress. The people could now no longer regard them as concerned for the welfare of their colony, but as tyrannical legislators. But, perhaps the miseries the colonists suffered ought to be ascribed to their lordships' shameful inattention to provincial affairs, rather than to their tyrannical disposition. Lord Carteret, the Palatine, held high offices of trust under the crown, which occupied his chief study and attention. Some of the proprietors were minors, others possessed estates in England, the im- provement of which engrossed their whole care and delight. Having reaped little or nothing from their American possessions, and finding them every year becoming more troublesome and expensive, it is pro- bable they trusted the affairs of their colony to sub- ordinates who were no ways interested in their pros- perity and success. With these Chief Justice Trott had established a correspondence, of whose wisdom and abilities the proprietors entertained the highest opinion, and in whose integrity and fidelity they placed unlimited confidence. He held of them many offices of trust and emolument, which, together with his haughty and overbearing conduct, rendered him the object of popular envy and clamour. The colo- nists needed indulgence from their circumstances and situation ; Trott, being totally dependent on the proprietors, for the tenure of his office and the payment of his salary, strongly supported their power and prerogative ; and hence arose those struggles between the proprietors and people, which were daily growing more serious and violent. About this time a rupture having taken place be- tween the courts of Great Britain and Spain, a pro- ject for attacking South Carolina and the island of Providence was formed at the Havanna, and pre- parations were making there for the expedition. Governor Johnson, having received advice from England of this design, resolved immediately to put the province in a posture of defence. For this pur- pose he summoned a meeting of council, and pro- posed a voluntary subscription, beginning with a generous offer himself, as an example to others. He declared that one day's delay might prove fatal to the province ; and recommended unanimity and dispatch. The assembly replied, that a subscription was needless, as the income of the duties would be sufficient to answer the purpose intended. The Go- vernor objected, that the duty-law had been repealed, and none other yet framed in its place. To which tne assembly answered, they had resolved to pay no re- gard to those repeals, and that the public receiver had orders from them to sue every man that should refuse to pay as that law directed. Chief Justice Trott told them, if any action or suit should be brought into his courts on that law, he would give judgment for the defendant. In short, the contest between the two houses at this meeting was so warm, that the conference broke up before any thing was concluded with regard to the public safety. The assembly were obstinate, and seemed deter- mined to hazard the loss of the province to the Spa- niards, rather than yield to the council, and ac- knowledge the proprietors' right of repealing their laws. Governor Johnson, however, at such a juncture judging it prudent to be always in the best posture of defence, for uniting the strength of the province called a meeting of the field-officers of the militia, ordered them to review their regiments, and fixed a place of general rendezvous. Indeed such was the uneasy and distracted state of the colony, that the Spaniards could scarcely have attacked it at a time more seasonable for obtaining an easy conquest. At this meeting the field-officers of the militia re- ceived their orders with their usual submission, and called together the different regiments, on pretence of training the men to expert use of arms. But be- fore this time the members chosen to serve in as- sembly, though they had not met in their usual and regular way at Charle^town, had nevertheless held several private meeting^ in the country, to concert measures for revolting fro.m their allegiance. They had drawn up a form of an association for uniting the whole province in opposition to the proprietary government, which was proposed to the people at this public meetmg r of the militia, as an opportunity the most favourable forprocuring a general subscrip- tion. The people, oppressed and discontented, with eagerness embraced the proposal, and, almost to a man, subscribed the association, promising to stand by each other 'in defence of their rights and privi- leges, against the tyranny of the proprietors and their officers. This confederacy was formed with such secrecy and dispatch, that before it reached the governor's ears, almost, the whole inhabitants were concerned in it. The assembly, after having thus brought the people in general to back them, had then nothing to do but to proceed, in taking such bold and vigorous steps as seemed best calcu- lated for accomplishing their end. The people's encouragement to revolt Proceedings of the convention The assembly dissolved Proceed- ings of the people James Moore, governor The declaration of the convention The invasion from Spain defeated Francis Nicolso?i, governor George I. recognised as sovereign The regulation of Indian affairs The trial of the family of Du- tartre Progress of the colony Arthur Middleton, president A dispute concerning the boundaries Reprisals on the Spaniards Encroachment of the French in Louisiana The province purchased for the crown. At the election of assembly in Charlestown, Trott and Rhett, who formerly had such influence, were now become so obnoxious that they could not bring one man into the house. Alexander Skene, for- merly excluded from the council, was elected a member of this new assembly, which was chosen on purpose to oppose the civil officers, considering him- UNITED STATES. elf as ill-used by the proprietors, became zealous against the government. This man, together with several other members of assembly, held frequent meetings, to consider their grievances, and flattered themselves with the hopes, that the king would take the colony under his care as soon as they renounced allegiance to the proprietors. And as the time drew near in which they expected an attack from a power- ful nation, they concluded that the province needed assistance of the crown at the present, more than ar any former time. They had convinced the peo- ple of the many advantages of the British constitu- tion, and the great happiness of those colonies which were under the immediate care and protection of the crown, insomuch that they now eagerly desired to enjoy the same privileges. To these secret meetings Governor Johnson, who lived at his plantation several miles from Charles- town, was an entire stranger, until he received the following letter, bearing date November 28, 1719, and signed by Alexander Skene, George Logan, and William Blakeway. " Sir, we doubt not but you have heard of the whole province entering into an association to stand by their rights and privileges, and to get rid of the oppression and arbitrary deal- ings of the lords proprietors. As we always bore you the greatest deference and respect imaginable, we take this opportunity to let you know, that the committee of the people's representatives were last night appointed to wait on you this morning, to ac- quaint you, that they have come to a resolution to have no regard to the proprietors' officers, nor their administration : and withal to beg, that your honour will hold the reins of government for the king, till his majesty's pleasure be known. The great value the whole country express for your honour's person, makes them desirous to have nobody but yourself to govern them ; and as you must be convinced, that no persons can be more passionately fond of your go- vernment than ourselves, we hope you will not take amiss any advice given by faithful and affectionate friends ; and therefore we take the liberty to tell you freely, we are of opinion that your honour may take the government upon you, upon the offer of the people, for the king, and represent to the pro- prietors, that rather than the whole country should be in confusion, and want a governing power, you Leld it for their lordships, though you were obliged to comply with the colonists, who were unanimously of opinion they would have no proprietors' govern- ment. We could wish for a longer and better op- portunity to explain this matter to you ; but it is impossible, for the gentlemen will be with you in two hours at farthest. We heartily wish your honour the utmost success, let it go which way it will ; but beg leave to observe, that your compliance will not only be the greatest satisfaction to the province in general, but also to your humble servants." This letter, though fraught with the highest pro- fessions of respect to the governor, he nevertheless considered as an insult; but especially the advice, which he deemed both highly derogatory to his in- tegrity as a man, and his fidelity as a governor. The letter, however, served to give him notice of the association, and the resolution of the people, which it was his duty by all means possible to defeat. For this purpose he hastened to town, and sum- moned his council, to take their advice in a case so unexpected andalarming. Meeting accidentally with Alexander Skene, he informed him that the com- mittee who were appointed to wait on him had changed their minds, and were gone to their respec- Hrsx, OF AMER. Nos. 119 & 120. tive places of abode. The Governor, nevertheless, informed his council of the association, and required their advice and assistance about the most effectual methods of breaking it up, and supporting the pro- prietary government. He perceived that, although he was called governor, yet Trott ruled the province, and therefore resolved to (^o nothing without his ad vice, that he might be equally responsible with the rest for the ill consequences which he was apprehen- . sive would attend their future proceedings. The council were not a little perplexed what step to take ; . but as the committee had Altered their intention of waiting on the governor, they were of opinion that no notice should betaken of their proceedings, until the assembly should meet in a legal manner, and bring it regularly before them ; hoping that the peo- ple might drop their dangerous resolution. In the mean time the members of assembly were using their utmost diligence among the people of the province to keep them firm to their purpose, having got almost every person, except the officers of the proprietors and a few of their friends, to sign the association. All agreed to support whatever their representatives should do for disengaging the colony from the yoke of, the proprietors, and putting it under the government of the king. Having thus fortified themselves by the union of the inhabitants, the assembly met on purpose to take more decisive steps; and being apprehensive that the governor would dissolve them, so soon as their proceedings reached his ears, they instantly came to the follow- ing resolutions : " First, That the several laws pre- tended to be repealed are still in force within the province, and could not be repealed and made void and null but by the general assembly of this pro- vince, and that all public officers and others do pay due regard to the same accordingly. Secondly, That the writs, whereby the representatives here met were elected, are illegal, because they are signed by such a council as we conceive the proprietors have not a power to appoint; for that this council does consist of a greater number of members than that of the proprietors themselves, which we believe is contrary to the design and original intent of their charter, and approaching too near the method taken by his majesty and his predecessors in his planta- tions, whom they ought not to pretend to imitate or follow, his majesty not being confined to any num- ber of counsellors, but as he thinks fit*; but the pro- prietors as subjects, we believe, are bound by their charter. Thirdly, That we the representatives can- not act as an assembly, but as a convention dele- gated by the people, to prevent the utter ruin of this government, if not the loss of the province, till his majesty's pleasure be known ; and, lastly, That the lords proprietors have by such proceedings unhinged the frame of their government, and forfeited their right to the same ; and that an address be prepared, to desire the honourable Robert Johnson, our pre- sent governor, to take the government upon him in the king's name, and to continue the administra- tion thereof until his majesty's pleasure be known." Agreeably to the last resolution, an address was drawn up, signed by Arthur Middleton as president, and 22 members of the convention. The governor having sent them a message, acquainting them ihat he was ready with his council to receive and order them to choose a speaker, they came to the upper house in a body, and Arthur Middleton addressed the governor in the following manner : " I am or- dered by the representatives of the people here pre- sent to tell you, that, according to your honour's 4K THE HISTORf OF AMERICA. order, we are come jo w3i'. on you : I am further or- dered to acquaint you, that we own your honour as our governor, you being approved by the king ; and as there was once in this province a legal council, representing the proprietors as their deputies, which being now altered, we do not look on the gentlemen present to be a legal council ; so I am ordered to tell you, that the representatives of the people do disown them as such, and will not act with them on any account." The governor and council, struck with astonish- ment at the boldness of the convention, and sus- pecting that they were supported by the voice of the people, were greatly puzzled what measures they should take to recall them to the obedience of legal authority. Some were for violent measures ; but others were of opinion, that the defection was too general to admit of such a remedy, and that gentle expostulations would have more effec,. But, the only fund for repairing the fortifications being lost by the repeal of the general duty-law, money must be provided for the public protection. If t-he governor dissolved the house, how could the pro- vince be put in a posture of defence against a Spa- nish invasion, with which it was threatened. If he should suffer them to sit while they had resolved that the proprietors had forfeited their right to the go- vernment, and refused on any account to act with his council, he might be chargeable with a breach of his trust. The result of their deliberations was, a message from the governor and council, desiring a conference with the house of assembly. To which they returned for answer, that they would not re- ceive any message or paper from the governor in conjunction with these gentlemen he was pleased to call his council. Finding them thus inflexible and resolute, the governor was obliged to give way to the current, and therefore, in two days afterwards, sent for them in his own name, and spoke to them to the following effect : " When I sent for you the other day, I intended to have desired you to have chosen your speaker, to be presented to me as usual, and then I proposed to have spoke to you in the following manner : " Your being met together at a time when there was never more occasion for a ready dispatch of public business, and a good harmony betwixt the upper and louver house, I must recommend that to you; and nothing will be wanting on my part to promote a good understanding betwixt the lords proprietors and the people, at present (to my great affliction) I fear too much interrupted : I must, therefore, in the first place, recommend to you, that you will, without delay, or other matter intervening, fall upon proper methods for raising money for finishing the repairs of the fortifications, and pro- riding stores of war, which are much wanted. The intelligence which I have of the designs of our ene- mies, which makes this work so necessary, shall be laid before you. " I am sorry the lords proprietors have been in- duced (by a necessity, to defend and support their just prerogatives) at this juncture to disannul some of your laws ; if they had not thought the letting those acts subsist might have rendered their right of repeal precarious, they would have suffered them still to continue. I hope from you, therefore, a re- spectful behaviour towards them, that we may not feel any more their displeasure in so sensible a man- ner, as the loss (in ibis time of need) of our duty- Jaw, and whi -h has also occasioned an injunction to me and th? council, from acting with an assembly who shall dispute their lorpships' undoubted right of repealing laws, and appointing officers civil aud military. " I find some are jealous and uneasy on account of rumours spread, that you design to alter the tax- act, for sinking your paper currency. Public credit ought to be sacred, and it is a stand'ing maxim, That no state can subsist longer than their credit is main- tained : I hope therefore you have no such inten- tions, which would put me under a necessity of do- ing what I have never yet done; I mean, disagree- ing with you. I expect therefore you will make good what the public is answerable for, and proceed to such farther methods for paying our debts, as shall be both honourable and proper, and best adapt- ed to our circumstances. " The alaim from the soutnward, about five months since, obliged me to be in a posture of defence, and occasioned some charges, the accounts of which shall be laid before you ; and I desire you will pro- vide for the discharge of them : I think also the mi- litia-acts want some amendments, and that you should contrive to keep a good watch in Charlestown. " This is what I intended to have recommended to you : but Mr. Middleton's telling me, in the name of the rest, that you would not act with, and your surprising message since, that you will not re- ceive anything from me, in conjunction with my council, has made it necessary for me to take this occasion of talking with that plainness and freedom so extraordinary^ proceeding of yours requires. And, first, I must lake notice of your message, wherein you say, ybu own me as governor, be- cause I am approved] of by the king ; but that you disown the council/to be a legal one, nor will act with them x n_ajjy' / account whatsoever ; and this is subscribed by all your members : but, upon examin- ing, I find it to be pretty dark and evasive, and seems as if you would avoid expressing in plain terms, what I have too much cause to fear is your design, I mean, to renounce all obedience to the lords proprietors : and this I cannot but think you propose from all your words and actions. You s'ay, you acknowledge me, because I am approved of by the king ; but you take no notice of my commission from the proprietors, which is what makes me go- vernor. The confirmation of the king only signifies his majesty's approbation of the person the lords proprietors have constituted ; but it is my commis- sion and instruction from them, that not only grants, but limits my power, and contains the rules by which I must act, and are to warrant and vouch my ac- tions ; therefore, to avoid declaring in express terms your renouncing the lords' power, and at the same time doing it in effect, is to create perpetual doubts and disputes, and is not acting with that sincerity and plainness which ought to be used in all public debates, and especially in matters of so great con- cern as this is, and upon which so great conse- quences depend. " I do require and demand of you, therefore, and expect you will answer me in plain and positive terms, whether you own the authority of the lords proprietors as lords of this province, and having authority to administer or authorise others to admi- nister the government thereof; saving the allegi- ance of them and the people to his most sacred ma- jesty King George ? Or, whether you absolutely renounce all obedience to them, and those commis- sioned and authorised by them ? Or, whether you admit their general power, and only dispute that particular branch of their authority, in constituting UNITED STATES. 947 a council after the manner they have now done ? If you deny their general power and authority in this province, and say, that their lordships have forfeited their charter, as Mr. Berrisford asserted, and you all acquiesced in ; then I demand of you, that you signify wherein the lords have forfeited their charter, and what particular branch thereof they have broken : and I demand of you, that sup- posing (not granting) they have made a forfeiture of their charter, by what power do you presume to renounce their authority, and to model a govern- ment out of your own heads, before such time as that, by a court having lawful jurisdiction of the same, it shall be adjudged that the lords have made a, forfeiture of their charter, and that the powers granted them are null and void ? If the king is of opinion, that any corporation or society have made a forfeiture of the rights and powers granted by their charter, although his majesty may have the ad- vice of his attorney and solicitor-general, and his judges and council learned in the law, that such a forfeiture has been made (and this he may more reasonably depend on than any advice or assurance you can have) ; yet, notwithstanding this, and his supreme authority as king, he never dispossessed the persons of the powers granted them, before a quo warranto or some other process had been brought, and judgment obtained against the same. And if the king doth not assume such a power, by what authority do you assume it ? " I desire you farther to consider the consequence that attends that assertion, Of the charter being for- feited, before judgment is given upon the same. For if it be so, then the forfeiture must be from the time that the fact was committed that caused the forfeiture ; and then you must remember, that, by the charter, the lords have granted to them, not only the power of ordering the government, but also the lands are granted to them by the said charter ; so that if there is a forfeiture of the rights and prerogatives of the government, there is also a forfeiture of their rights to the lands ; and so all grants made by their authority of any lands, since the fact committed that caused the forfeiture, ac- cording to your own doctrine and assertion, must be null and void ; and therefore, how many persons' titles to their lands will become void, I leave you to consider. And though, it may be, you will as- sign some new late fact, that you say will cause such a forfeiture, by which you may think to avoid the ill consequence that attends the titles to the lands ; yet know, that the facts that you assign may not be the only ones that may be thought to have made the forfeiture of their charter. And if your present assertion is true, that they may be dispos- sessed before a judgment ; it may be, other persons may assign other causes of the forfeiture, besides those which you assign, which may have been com- mitted many years ago : for you cannot but know there have been persons in the province, that, for several years past, have publicly asserted, that the lords have done facts, for which their charter was become forfeited. Which if so, I leave you to con- sider what a gate you will leave open to call in question, nay, utterly destroy, several hundreds of people's titles to their lands. And though you have most unjustly and untruly suggested to the people, to create a prejudice in them to the lords proprie- tors, that their lordships designed to dispute their titles to their lands ; yet, by this assertion and prac- tice, you are the persons that will not only call in question, but effectually destroy their titles. " And if you persist in disowning the council as now authorised, then I desire you further to con- sider, in what capacity I can act with you, and to what purpose you pretend to sit and transact the public business of the province. You know very well I am not able to join with you in passing anv law without the consent of my council ; and surely you cannot pretend to pass laws without me : and what an absolute occasion there is now to pass some laws, that the province may be put in a posture of defence, and the contingent charges thereof de- frayed, I leave you seriously to consider, and hone you will not lose the whole province to the enemy, for your own humours. " But I am further to tell you, that, in case you continue to deny the authority of the council, you cannot properly style yourselves the representatives of the people ; for you know very well you were cho- sen members of assembly, pursuant to, and by vir- tue of, the writs signed by myself and council ; for it is not the people's voting for you that makes you become their representatives; the liege people of this, or any other province, have no power to con- rene and clause their representatives, without being authorised so to do by some writ or order coming from authority lawfully impowered. And if you pretend that the writs signed by me, as governor, were sufficient : to that I answer, that I do not pre- tend to any such authority, but jointly, and with the consent of my council, it being the express words of my commission ; nor did I sign the writs in any other capacity than in conjunction with my council, who also signed the same. But if my sign- ing the writs were sufficient authority for the people to chuse you, then you must allow, that as the power lies solely in me to call you, it lies also solely in me to dissolve you ; and therefore, if by your ac- tions you will force me to make use of that power, I do hereby publicly protest and declare, you only must be answerable for the ill consequences thai may attend such a dissolution, and for the loss o-? the lives and estates of the king's subjects in this province by any attack that may be made upon them by our public enemies, the Spaniards, or from, the Indians, by reason of the province's not being put into such a posture of defence as it ought, and would, if you proceeded to transact the public busi- ness under a lawful authority; and this I would have you seriously to consider of. " Notwithstanding stories that have been indus- triously spread to prepossess the people, that you are the only persons who stand up for their rights and privileges ; by which, it may be, you have so far engaged them in your favour, that you may have their assistance to enable you to commit any act of force or violence upon the government, and the au- thority of the lords proprietors ; yet know, and b assured, that the matters in dispute are of that cou sequence, that they must and will be decided by an authority in England, having lawful jurisdiction of the same ; and that there it must be law and right that must justify your claims, and not the consent and approbation of the people of Carolina, who will have no weight there, but the right and merit of the cause. " I must farther mention to you, that it is noto- riously known, you have promoted two forms of as- sociations, and have persuaded the people to sign them. How far you can be justified at home, be- hoves you to consider : but as I am satisfied no mat- ter of such public concern ought to be carried on without my knowledge, so I do hereby require and demand of vou, an attested copv of both associa ' 4K2 948 THE HISTORY OF AMERICA. tious ; and though it may not concern me to have the names of every individual person that has signed them, yet 1 do insist upon it, that you do acquaint me which of your own members have signed both, or either of them, as also the names of such persons who have commissions, or hold any places civil or military under their lordships, or of sach persons who practise the law in their lordships' courts, and have signed them. " To what is here demanded of you I do require your plain and positive answer in express terms, and that you do in writing give me the same in a body, and under your hands." This long and elaborate speech, which was also given them in writing, they were not long in con- sidering, but returned with the following message : " We have already acquainted you, that we would not receive any message or paper from your honour, in conjunction with the gentlemen you are pleased to call your council ; therefore we must now again repeat the same, and beg leave to tell you, that the paper your honour read and delivered to us, we take no notice of, nor shall we give any farther answer to it but in Great Britain." Immediately after this they came with the follow- ing address to the governor, publicly avowing their resolution to cast off all obedience to the proprietary government, and urging and entreating him to comply with their desire, and take upon him the government of the province m the name of the king. " It is with no small concern that we find ourselves obliged to address your nonour, in a matter which nothing but the absolute necessity of self-preservation could at this juncture have prevailed on us to do. The reasons are already by us made known to your ho- nour and the world, therefore we forbear to rehearse them ; but proceed to take leave to assure you, that it is the greatest satisfaction imaginable to us, to find throughout the whole country that universal affection, deference, and respect, the inhabitants bear to your honour's person, and with what pas- sionate desire they wish for a continuance of your gentle and good administration ; and since we, who are intrusted with, and are the assertors of their rights and liberties, are unanimously of opinion, that no person is fitter to govern so loyal and obe- dient a people to his sacred majesty King George, so we most earnestly desire and iulreat your honour, to take upon you the government of -this province, in his majesty's name, till his pleasure shall be known ; by which means we are convinced, that this (at p.vsent) unfortunate colony may flourish, as well as those who feel the happy influence of his majesty's immediate care. ' As the \ ell-being and preservation of this pro- vince depe.. s greatly on your honour's complying with our requests, so we flatter ourselves, that you who have expressed so tender a regard for it on ali occasions, and particularly in hazarding your own person in an expedition against the pirates, for its defence, an example seldom found in governors ; so we hope, Sir, that you will exert yourself at this juncture for its support; and we promise your ho- nour, on our parts, the most faithful assistance o persons duly sensible of your honour's great good- ness, and big with the hopes and expectation of his majesty's countenance and protection. And we farther beg leave to assure your honour that we will, in the most dutiful manner, address his mosl sacred majesty King George, for the continuance o your government over us, under whom we doubt no to b* a happj people." To this flattering address the governor returned he following answer: " I am obliged to you for four good opinion of me : but I hold my commission rom the true and absolute lords and proprietors of ,his province, who recommended me to his majesty, and I have his approbation ; it is by that commission and power I act, and I know of no power or autho- rity can dispossess me of the same, but those only who gave me those authorities. In subordination to hem I shall always act, and to my utmost maintain heir lordships 5 just power and prerogatives, without encroaching on the people's rights and privileges. : do not expect or desire any favour from you, only hat of seriously taking into ypur consideration the approaching danger of a foreign enemy, and the steps you are taking to involve yourselves and this >rovince in anarchy and confusion." The representatives having now fully declared heir intentions, and finding it impossible by all their address to win over the governor to a compliance with their measures, began to treat him with neglect. He, on the otherhaud, perceiving that neither harsh nor gentle means could recall them to their allegi- ance to the proprietors, issued a proclamation for dissolving the house, and retired to the country. The representatives ordered his proclamation to be torn from the marshal's hands, and proceeded next to avowed usurpation. They met upon their own authority, and in direct opposition to that of the proprietors, and cho^e Colonel James Moore their governor; who was a\ man of a bold and turbulent disposition, and excellently qualified for being A popular leader. To /Governor Johnson he was no friend, having beep-lby him removed from his com- mand of the ^niima, for espousing the cause of the people : to the proprietors he was an inveterate enemy. In every new enterprise he had been a Tolunteer, and in whatever he engaged he conti nued to his purpose steady and inflexible. A day was fixed by the convention for proclaiming him, in name of the king, governor of the province, and or- ders were issued for directing all officers, civil and military, to continue in their different places and em- ployments, till they should hear further from them Governor Johnson, some time before this, had ap- pointed a day for a general review of the provincial militia; and the convention, that they might have the opportunity of the people being under arms, and ready to forward their scheme, fixed on the same day for publicly proclaiming Moore. The governor, however, having intelligence of their design, sent orders to Colonel Parris, the commander of the mi- litia, to postpone the review to a future day. Parris,, though a zealous friend to the revolution, assured him his orders should be obeyed. Notwithstanding this assurance, on the day fixed, when Governor Johnson came to town, he found to his surprise the militia drawn up in the market-square, the colours flying at the forts, and on board all the ships in the harbour, and great preparations making for the proclamation. Exasperated at the insults offered to his person and authority, he could scarcely command his temper. Some he threatened to chastise for flying in the face of government, to which they had sworn allegiance and fidelity ; with others he rea- soned, and endeavoured to recall them by represent- ing the fatal consequences that would certainly at- tend such rash proceedings. But advancing to Par- ris, who had betrayed him, he asked him how he durst appear in arms contrary to his orders ? and commanded him, in the king's name, instantly to disperse his men. Colonel Parris replied, he 'was UNITED STATUS. 949 obeying the orders of the convention ; and the go- vernor, in great rage, walked up towards him ; upon which Parris iminediately commanded his men to present, and bid him at the peril of life advance no nearer. The governor expected, during this strug- gle, that some friends would have adhered to him, especially such as held offices of profit and trust uuder the proprietors, or that the militia would have laid down their arms at his command : but he was disappointed ; for all either stood silent, or kept firm to the standard of the convention. However, to amuse him, and prevent his taking any rash step in the heat of passion, John Lloyd, one of their party, was sent, out of pretence of friendship, to walk and converse with the governor. Vain indeed were the efforts of a single arm, in so general a defection. Even Trott and Rhett, in this extremity, forsook him, and kept at a distance the silent and inactive spec- tators of their masters' ruined authority. Alter this the members of convention attended, and, escorted by the militia, publicly marched to the fort, and there declared James Moore governor of the province, in the name of the king, which was followed by the loudest acclamations of the populace. Upon their return, they next proceeded to the elec- tion of twelve counsellors, of whom Sir Hoveuden Walker was made president ; so that they had now a governor, council and convention of their own election. In consequence of which the delegates met, and published their declaration to the follow- ing effect : " Whereas the proprietors of this pro- vince have of late assumed to themselves an arbi- trary and illegal power, of repealing such laws as the general assembly of this settlement have thought fit to make for the preservation and defence thereof, and acred in many other things contrary to the laws of England, and the charter to them and us, free- men, granved; whereby we are deprived of those measures we had taken for the defence of the settle- ment, being the south-west frontier of his majesty's territories in America, and thereby left naked to the attacks of our inveterate enemies and next-door neignbours the Spaniards, from whom, through the Divine Providence, we have had a miraculous de- liverance, and daily expect to be invaded by them, according to the repeated advices we have from time to time received from several places : and whereas, pursuant to the instructions and authorities to us given, aid trust in us reposed by the inhabitants of this settlement, and in execution of the resolutions by us made, we did in due form apply ourselves in a whole body, by an address, to the honourable Robert Johnson, appointed governor of this province by the lords proprietors, and desired him, in name of the inhabitants of this province, to take upon him the government of the same, and in behalf of his majesty the king of Great Britain, France, and Ire- land, until his majesty's pleasure had been known, which the said governor refusing to do, exclusive of the pretended power of the lords proprietors over the settlement, has put us under the necessity of ap- plying to some other person, to take upon him, as governor, the administration of all the affairs civil and military within the settlement, in the name and for the service of his most sacred majesty, as well as making treaties, alliances and leagues with any nation of Indians, until his majesty's pleasure herein be further known : and whereas James Moore, a per- son well affected to his present majesty, and also zea- lous for the interest of the settlement, now in a sink- ing condition, has been prevailed with, pursuant to ucb our application, to take upon him, in the king's name, and for the king's service and satV-tv of the settlement, the above-mentioned charge and trust : we therefore, whose names are hereunto subscribed, the representatives and delegates of his majesty's lipge people and free-born subjects of the said settle- ment, now met in convention at Charlestown, in their names, and in behalf of his sacred majesty George, by the grace of God king of Great Britain, France, and Ireland, in consideration of his former and many great services, having great confidence in his firm loyalty to our most gracious King George, as well as in his conduct, courage, and other great abilities; do hereby declare the said James Moore, his majesty's governor of this settlement, invested with all the powers and authorities belonging and appertaining to any of his majesty's governors in America, till his majesty's pleasure herein shall be further known. And we do hereby for ourselves, in the name and on the behalf of the inhabitants of the said settlement, as their representatives and dele- gates, promise and oblige ourselves most solemnly to obey, maintain, assist and support the said James Moore, in the administration of all affairs civil and military within this settlement, as well as in the ex- ecution of all his functions aforesaid, as governor for his'sacred majesty King George. And further, we do expect and command, 'that all officers, both civil and military within the settlement, do pay him all duty and obedience as his majesty's governor, as they shall answer to the contrary at their utmost peril. Given under our hand, at the convention, this 2lstday of December, 1719." Governor Johnson, after this public and solemn declaration, perceiving his power totally overthrown, and the current too violent and strong for him to withstand, had little hopes of recalling them to the obedience of proprietary authority. Still, however, he flattered himself, that they would not long re- main in a state of union among themselves. The first unpopular step of their governor might create disturbance and disaffection ; the first difference among the leading men might divide them into parties : he determined to wait for such occurrences, and to improve them towards recovering his power and command. In the mean time he called together the civil officers of the proprietors, and ordered them, to secure the public records, and shut up all offices against the revolters and their adherents. That the proprietors in England might have notice of what had happened through a proper channel, Governor Johnson drew up a state of the whole pro- ceedings, and transmitted it them. To the same purpose he wrote to the lords commissioners of trade and plantations, who were no friends to the proprie- tary governments in America, and waited for such a favourable season as now offered in Carolina to purchase every one of them for the crown. In the mean time the members of the popular le- gislature were proceeding with all diligence in re- gulating the public affairs. The representatives of the people took a dislike to the name of a convention, as different from that of the other regal governments in America, and therefore voted themselves an as- sembly, and assumed the power of appointing all public officers. In place of Nicholas Trott, they made Richard Allein chief justice. Another per- son was appointed provincial secretary, in the room of Charles Hart. But William Rhett and Francis Yonge, by being obsequious to the revolters, secured to themselves the same offices they held from the proprietors. Colonel Barnwell was chosen agent for the province, and embarked for England, with in* 950 THE HISTORY OF AMERICA. structions and orders to apply only to the king, to lay a state of their public proceedings before him, praying him to take the province under his immedi- ate care and protection. A new duty-law and others for raising money to defray the various expenses of government were passed. The fortifications at Charlestown they ordered to be immediately re- paired, and William Rhett, whom every one es- teemed a friend to the revolution, was nominated inspector-general of the repairs. To their new go- vernor they voted 2500J., and to their chief-justice 8001. current money, as yearly salaries. To their agent in England 100QL sterling was transmitted ; and to defray those and the other expenses of govern- ment, a law was passed for laying a tax on lands and negroes, to raise 30,OOOZ. Carolina money, for the service of the current year. In short, this po- pular assembly imposed such burthens on their con- stituents, as under the proprietary government would have been deemed intolerable grievances. In consequence of the tax-act, when they began to levy those heavy taxes, Governor Johnson and some of his party refused to pay, giving for reason, that the act was not made by lawful authority. On account of his particular circumstances, Mr. Johnson was exempted; but they resolved to compel every other person to submit to their jurisdiction, and yield implicit obedience to their laws. They forcibly seized the effects or negroes of such as refused, sold them at public auction, and applied the money for the payment of their taxes. Thus, in spite of all op- position, they established themselves in the full pos- session of government, both in their legislative and executive capacities. Governor Johnson, though obliged to'stand at a distance, carefully observed'their progress, and was not a little mortified by their great success. He however still persisted in throwing every obstacle in their way : he wrote to William Rhett, who was not ,only the proprietors' receiver -general, but also comptroller of the customs, a letter ; informing him, that, " as the people had found means to hinder all masters of ships from coming to him as the governor for clearances, and from clearing in the lawful se- cretary's offices, notwithstanding the laws of trade made such neglects the forfeiture of ship and cargo, and the naral officer, by his orders, did all he could to induce them to act according to law : and as he was sensible that the defection was so general, and his authority so depressed, that he had no power left to punish them for disobedience ; he therefore could think of no other way to oblige them to their duty but by stopping their obtaining clearances from the custom-house officers, until they paid their duty to him as the lawful governor of the province. He therefore desired Mr. Rhett would consult his powers and instructions as surveyor and comptroller of the customs, and act in this affair as he should think agreeable to them, to the laws of trade, and to the service of his majesty, and of the lords proprietors." Indeed it must be acknowledged, had Rhett so far consulted the interest of the proprietors, as to have commanded the officers of the customs to do their duty, according to the governor's project, it would have given the revolters no small trouble. They would have had the mortification to see the masters of ships disowning their authority, and going only to that office where they could obtain authentic and legal clearances ; and the fees due to the governor and secretary would also have gone in their usual channel. But Rhett's enmity to the governor, and his prospects of profit from the prevailing party, induced him to neglect the duties of his station. He had already joined, or at least seemed to join, the revolters, being determined to retain at all events his places of profit and emolument. The counte- nance and encouragement he had given the people, they considered as a justification of their measures ; and though they had passed a vote, that no person who held an office under the proprietors should be permited to continue in it, yet, as they found Rhett so obsequious to their views, they thought proper to dispense with it for an acquisition of such impor- tance. They not only allowed him to continue in his former offices, but also made him lieutenant- general of the militia, and overseer to the works in repairing the fortifications. So that, instead of giving assistance to Governor Johnson for supporting the interest and power of the proprietary government, he deserted him. Rhett, nevertheless, to the astonishment of every one, still maintained his credit with the proprietors, and had the art to persuade them he had done all out of zeal for the service of his majesty, and for the good of the province. He wrote them two letters, giving them an account of all that had happened, and assuring them he had accepted of a commission from Mr. Moore, in order the more effectually to promote their interest, v by giving him an opportu- nity of conversing freely with the people, and per- suading them to return to their duty and allegiance. He represented the inflexibility of Governor Johnson as one source of the discontent and defection of the people, and \utterly inconsistent with good policy. The proprietdiss^belieyjea him, and such was their confidence in his Tionour and fidelity, that they sent him the following letter expressing their approba- tion of his conduct : " We have received your let- ters, wherein you give us a melancholy account of the present confused government of our province, and of the great consternation of the inhabitants, from the dreadful apprehension they have of a fo- reign invasion. But since they have been so un- fortunate as to bring themselves into so much con- fusion, we are not a little pleased that your zeal for the service of his majesty, and the safety of the province, has engaged you to take upon you the command of the forces; for as, by your command of the said forces, you formerly defended and saved the country from the insults of an invading enemy, so we doubt not but you will again use your utmost skill to free your same fellow-subjects from the im- minent danger they at present labour under. And since you have taken upon you the same command, we earnestly entreat you, that, with the greatest ap- plication, you will continue your endeavours in that command for the safety and preservation of the pro- vince, until you shall hear farther from us: we wish you all imaginable success, and bid you heartily farewell." In the mean time Governor Johnson received cer- tain advice, that the Spaniards had sailed from the Havanna with a fleet of fourteen ships, and a force consisting of 1200 men, against South Carolina and Providence Island, and it was uncertain which of the two they would first attack. At this time of im- minent danger the governor again attempted to re- call the people to subjection and obedience, and sent the following letter to the convention: " I flatter myself that the invasion which at present threatens the province, has awakene'd a thought in you of the necessity there is of the forces acting under lawful authority and commission. The inconveniences and confusion of not admitting it are so oovious, Z need UNITED STATES. 95, net mention them. I have hitherto borne the in- dignities put upon me, and the loss I sustain by being out of my government, with as much temper as the nature of the thing will admit of, till such time as his majesty's pleasure shall be known. But to have another man to assume my authority when danger threatens the province, and action is ex- pected, and to be deprived of the opportunity of serving the public in my station, as I am indispen- sably bound to do upon such occasions, I being an- swerable to the king for any neglect regarding the welfare of the province, is what I cannot patiently endure. I am willing with my council to consult and advise with you for the good and safety of the country in this time of imminent danger, as a con- vention of the people, as you first called yourselves ; nor do I see, in this present juncture of affairs, any occasion for formality in our proceedings, or that I explain by whose authority I act in grants of com- missions or other public orders. Mr. Moore's com- mission you have given him does not pretend to say that it is derived from the king. You have already confessed I am invested with some authority of which you approve, and that is enough. What I insist upon is, to be allowed to act as governor, because I have been approved of by the king. I do not ap- prehend there is any necessity of doing any thing at present but what relates to military affairs; and I do believe people will be better satisfied, more ready to advance necessaries, to trust the public, and obey my commands, by virtue of the king's authority which I have, if left to their libertj, than the orders of any other person in the province ; and in a short time we may expect his majesty's pleasure will be known. If my reasons have not the weight with you I expect they should, you ought at least to put it to the vote, that, if a majority should be against it, I may have that to justify myself to the king and the world, who ought to be satisfied that I have done all I can for serving the country, and discharging the duty of my station." By this letter Governor Johnson thought to alarm and terrify the people, by representing the dange- rous consequences of military operations under un- lawful authority; but they remained firm to their purpose, and the convention, without taking any notice of it, continued to do business with Mr. Moore as they had begun. Sir Hovenden Walker, the president of their council, being disgusted at their proceedings, left them, and retired to his plantation; but they chose Richard Allein in his stead, and pro- ceeded to concert measures for the public defence. They proclaimed martial law, and ordered all the inhabitants of the province to Charlestown for its defence. All the officers of the militia accepted their commissions from Mr. Moore, and engaged to stand by him against all foreign enemies. For two weeks the provincial militia were kept under arms at Charlestown every day, expecting the appearance of the Spanish fleet; which they, were informed had sailed from the Havanna. Happily for them, to acquire possession of both sides of the gulf of Florida, and se- cure the navigation through this stream, the Spaniards had resolved first to attack Providence, and then to proceed against Carolina : but by the conduct and courage of Captain Rogers, at that time gover- nor of the island, they met with a sharp repulse at Providence, and soon after they lost the greatest part of their fleet in a storm. The Spanish expedition having thus proved abor- tive, the Flamborough man of war, commanded by Captain Hildesley, returned to her station at Charles- town from Providence island. About the same time his majesty's ship Phoenix, commanded by Captain Pierce, arrived from a cruise. The com- manders of these two men-of-war were caressed by both parties, but they publicly declared for Governor Johnson, as the magistrate invested with legal au- thority. Charles Hart, secretary of the province, by orders from the governor and council, had secreted and secured the public records, so that the revolters could not obtain possession of them. The clergy refused to marry without a licence from Governor Johnson, as the only legal ordinary of the province. These inconveniences having begun to operate, ren- dered several of the people more cool in their affec- tion for the popular government. At this juncture Governor Johnson, with the assistance of the cap- tains and crews of the ships of war, made his last and boldest effort for subjecting the colonists to his authority. He brought up the ships of war in front of Charlestown, and threatened their capital with immediate destruction, if they any longer refused obedience to legal authority. But the people having both arms in their hands for defence, and forts in their possession to which they could retreat, bid de- fiance to his power, and showed him plainly that they were neither to be won by flattery, nor terrified by threats, to submit their necks any more to the proprietary yoke ; and therefore, for the future, Governor Johnson dropt all thoughts of making any more attempts for that purpose. Nicholas Trott now observing the frame of the proprietary government totally destroyed, and a rival judge planted in his room, resolved to return to England. But before he embarked he wrote to Governor Johnson, acquainting him with his resolu- tion, and promising, if he would contribute towards defraying his expenses, he would give the proprie- tors such a favourable account of his conduct and services, as would ensure to him the continuance of his office. But the governor being no stranger to the character of the judge, and being convinced that both the revolt of the people, and subversion of go- vernment, were in a great measure to be ascribed to his pernicious policy and secret correspondence with his friend the secretary to the proprietors, dis- dainfully rejected his interest and friendship. To which disrespect for the judge, however, Mr. John- son attributed many of the injurious suspicions the proprietors entertained of his honour and fidelity, and that shameful neglect with which he was after- wards treated by them. They had written him no answer to his letters respecting the violent steps the people had taken, or ever informed him whether his conduct during those popular commotions had met with their approbation or disapprobation. Some of them even alleged that he was privy to the do- signs of the malcontents ; and gave them too much countenance and indulgence; but every principle of honour, duty, and interest forbade such a con- nivance, and the upright and respectable character he maintained rendered such suspicions unmerited. That he should join with a disaffected multitude in schemes of opposition, to divest himself of his go- vernment, was a thing scarcely to be supposed. That he should first connive at the subversion of the proprietary government, and afterwards refuse to govern them for the king, when solicited so to do by the representatives and whole body of the people was a thing very improbable. When he arrived in the province, he found the inhabitants discontented and unhappy, but little suspected they had any views of renouncing their allegiance to the proprie- 95* THE HISTORY OF AMERICA. tors ; and the various arts the people used to con- ceal from him their designs, were proofs they had every thing to fear, and nothing to hope for from their governor. The many attempts made to defeat their measures were also evidences of his fidelity to their lordships, and firmness in support of their go- vernment. He indeed differed with Trott and Rhett, the two favourites of the proprietors, and perhaps to this, among other causes, the neglect with which he was treated by their lordships may be ascribed. For as they discovered on all occasions such a par- tial regard to these men, and placed such unlimited confidence in them, the person who differed from them, however fair and unblemished his character, however firmly attached to their interest, was not likely, in such circumstances of difficulty, to escape all injurious suspicions. In the mean time the agent &>r Carolina had pro- cured a hearing from the lords of the regency and council in England, the king being at that time in Hanover; who gave it as their opinion, that the proprietors had forfeited their charter, and or- dered the attorney-general to take out a scire facias against it In consequence of which, in September 1720, they appointed General Francis Nicolson provisional governor of the province, with a com- mission from the king. Nicolson was a man pos- sessed of honourable principles ; and was generous, bold, and resolute. He had been governor of several different colonies, and it was thought his knowledge and experience in provincial affairs would render him well qualified for the important trust. He knew his duty as commander and chief, and was afraid of neither dangers nor difficulties in the exe- cution of it; a warm friend to the king, and deeply concerned for the prosperity of his country. About the beginning of the year 1721, Francis Nicolson arrived in Carolina, and having the sane tion of the British government for his appointment, Mr. Johnson acquiesced in his authority, and made no more efforts in behalf of the lords proprietors The people in general congratulated one another on the happy change, and received General Nicol son with the most uncommon and extravagant de- monstrations of joy. The voice of murmur and discontent, together with the fears of danger and oppression, were now banished from the province. Happy under the royal care, they resolved to forge! all former animosities, and divisions, and bury al past offences in eternal oblivion. From a confused and distracted state they now looked upon them- selves as happily delivered, and anticipated in ima- gination all the blessings of freedom and security, followed by industry and plenty, approaching, anc as it were ready to diffuse their happy influence over the country Soon after his arrival, Governor Nicolson issuec writs for the election of a new assembly, who now entered with great temper and cheerfulness on thi regulation of provincial affairs. They chose Jame Moore, their late popular governor, speaker of the house, of whom the governor declared his entire ap probation. The first business they engaged in, wa to make an act, declaring they recognised and ac knowledged his sacred majesty King George, to bi the rightful sovereign of Great Britain, France, anc Ireland, and of all the dominions and provinces be longing to the empire, and in particular his un doubted right to the province of Carolina. All ac tions and suits at law commenced on account of th late administration of James Moore by particula gersons, creating misunderstandings and animosi es among the people, were declared void and null, ill his majesty's pleasure touching such adminis- ration shall be known ; but all judicial proceedings inder the same administration were confirmed ; shich acts were at this time judged proper and ne- essary for establishing harmony and tranquillity .mong the inhabitants. The two parties formerly ubsisting, the one composed of a few adherents to governor Johnson, and the other of the followers of Fames Moore, Nicolson had the good fortune to unite, and, by the wisdom and equity of his admi- nistration, to render both equally happy and con- ented under the royal government and protection. Before Governor Nicolson left England,. a sus- pension of arms between Great Britain and Spain lad been published, and, by the treaty of peace which afterwards took place, it was stipulated that all subjects and Indians living under their different urisdictions should cease from acts of hostility. Orders were sent out to Don Antonie-N-ayidez, go- vernor of Florida, to forbear molesting the\Caroli- neans; and the British govej>nor had also iWruc- ;ionsto cultivate the friendship and good-will Jof the Spanish subjects and Indians of Florida. In/conse- quence of which, Governor Nicolson, who was no stranger to the manners of savages, resolved to ap- ply himself with great zeal and spirit to the regula- :ion of Indian affairs, and to enter into treaties of friendship and alliance with the different tribes around the settlement. As most of their troubles from Indians had been occasioned by Europeans aking possession of lands claimed by them, without their permission or consent ; the first object that demanded his attention was to fix the limits and ex- tent of their territories, and then to forbid encroach- ments on their hunting-grounds. With these views be sent a message to the Cherokees, (a powerful nation, computed at this time to consist of no less than 6000 bowmen,) acquainting them, that he had presents to make them, and would meet them at the borders of their territories, to hold a general con- gress with them, in order to treat of mutual friend- ship and commerce. They were rejoiced at the pro- posal, and immediately the chiefs of 37 different towns set out to meet him. At this congress the governor having made them several presents, and smoked the pipe of peace with them, marked the boundaiies of the lands between them and the English settlers. He regulated all weights and measures, that justice might be done them in the way of traffic. He appointed an agent to superintend their affairs, and, to unite them under a common head, proposed to nominate one warrior as commander and chief of the whole nation, before whom all complaints were to be laid, and who was to acquaint the governor with every injury done them. With the consent of all present a leader of the name of Wrosetasatow was declared chief war- rior of the Cherokee nation, with full power to punish all guilty of depredations and murders, and to ob- tain satisfaction for every injury done to Indians from the British settlers. After which the Indians returned to their towns, highly pleased with their new ally. The governor then proceeded to conclude another treaty with the Creeks, who were also a numerous and formidable nation. He likewise ap- pointed an agent to reside among them, whese busi- ness was to regulate Indian affairs in a friendly and equitable manner, and fixed on Savanna river as the boundary of their hunting-lands, beyond which no settlements were to extend. Having now secured the province as well as pos- UNITED STATES. 953 sible against the external foes, Governor Nicolson turned his attention next to internal regulations, particularly to such as respected the religious in- struction of the people. For though he was bred a soldier, and was profane and passionate himself, yet he was not insensible of the great advantage of reli- gion to government and society. The number of inhabitants in each parish being considerably in- creased, it was found necessary to enlarge several churches for their accommodation. The inhabitants of St. Paul's parish, many of whom had their houses burnt, and who had otherwise suffered heavy losses in the Yamassee war, were obliged to apply to the public for assistance in this laudable design. The parish of St. George was separated from that of St. Andrews by an act of assembly, and a new church was built at a small village called Dorchester, by public allowance and private contributions. The inhabitants in and about Georgetown, who had long lived without the benefit of public worship, insomuch that the appearance of religion among them had almost entirely vanished, claimed particular atten- tion. To erect a church in this quarter the governor proposed a private subscription, and set the exam- ple by largely contributing towards -the public insti- tution. He made application to the society in En- gland for propagating the Gospel, and they supplied the province with clergymen, giving each of them a yearly allowance over and above the provincial salary. As no public schools had yet been instituted the governor urged also the necessity of such es- tablishments. It was alleged, that the want of early instruction was one of the chief sources of im- piety and immorality, and if they continued any longer to neglect the rising generation, they would soon have a race of white people in the country equally ignorant as the red Indians. Animated by the example, and assisted by the generosity of their governor, the colonists therefore earnestly engaged in providing seminaries for the religious education of youth. Besides general contributions, several particular legacies were also left for this purpose. Mr. Whitmarsh left 500J. tc St. Paul's parish, for founding a free- school in it. Mr. Ludlam, the so- ciety's missionary at Goose-creek, bequeathed all his estate, which'was computed to amount to 2000/. Carolina currency, for the same purpose. Richard Beresfords, by his will, bequeathed the annual pro- fits of his estate to be paid to the vestry of St. Thomas parish in trust, until his son, then eight years of age, should arrive at the age of 21 years ; directing them to apply one-third of the yearly pro- fits of this estate for the support of one or more schoolmasters, who should teach reading, accounts, mathematics, and other liberal learning; and the other two-thirds for the support, maintenance, and education of the poor of that parish. The vestry accordingly received from this estate 6500J. Caro- lina money, for promoting those pious and charita- ble purposes. The society in England sent out teachers, money and books, and assisted greatly, by their zeal and bounty, towards the religious in- struction of the people ; and in Charlestown, and in several other parishes in the country, public schools were built and endowed. We have now to relate an instance of the torce of enthusiasm, which, like the Antinomian schism, and the belief in witchcraft, which disturbed Bos- ton, a few years before, may be traced to the frenzy that the study of abstruse theological doctrines very often led the early dissenters into. We give it in the words of a cotemporary writer : " The family of Dutartres consisting of four sons and four daughters, were descendants of French refugees, who came into Carolina after the revo- cation of the edict of Nantz. They lived in Orange- quarter, and though in low circumstances always maintained an honest character, and were esteemed by their neighbours, persons of blameless and irre- proachable lives. But at this time a strolling Mora- vian preacher happening to come to that quarter where they lived, insinuated himself into their family, and partly by conversation, and partly by the wri- tings of Jacob Behmen, which he put into their hands, filled their heads with wild and fantastic ideas. Unhappily for the poor family those strange notions gained ground on them, insomuch that in one year they began to withdraw themselves from the ordi- nances of public worship, and all conversation with the world around them, and strongly to imagine they were the only family upon earth who had the know- ledge of the true God, and whom he vouchsafed to instruct, either by the immediate impulses of his Spirit, or by signs and tokens from heaven. At length it came to open visions and revelations. God raised up a prophet among them, like unto Moses, to whom he taught them to hearken. This prophet was Peter Rombert, who had married the eldest daughter of the family when a widow. To this man the author and governor of the world deigned to re- veal, in the plainest manner, that the wickedness of man was again so great in the world, that as in the days of Noah he was determined to destroy all men from off the face of it, except one family whom he would save for raising up a godly seed upon earth. This revelation Peter Rombert was sure of, and felt it as plain as the wind blowing on his body, and the rest of the family, with equal confidence and pre- sumption, firmly believed it. " A few days after this, God was pleased to reveal himself a second time to the prophet, saying, Put away the woman whom thou hast for thy wife, and when I have destroyed this wicked generation, I will raise up her first husband from the dead, and they shall be man and wife as before, and go thou and take to wife her youngest sister, who is a virgin, so shall the chosen family be restored entire, and the holy seed preserved pure and undefiled in it. At first the father, when he heard of this revelation, was staggered at so extraordinary a command from, heaven ; but the prophet as-sured him that God would give him a sign, which accordingly happened ; upon which the old man took his youngest daughter by the hand, and gave her to the wise prophet immedi- ately for his wife, who without further ceremony took the damsel to his bed. Thus for some time they continued in acts of incest and adultery, until that period which made the fatal discovery, and in- troduced the bloody scene of blind fanaticism and madness. ' Those deluded wretches were so far possessed with the false conceit of their own righteousness and loliness, and of the horrid wickedness of all others, that they refused obedience to the civil magistrate, and all laws and ordinances of men. Upon pretence that God commanded them to bear no arms, they not only refused to comply with the militia law, but ilso the law for repairing the high-ways. After long brbearance, Mr. Simmons, a worthy magistrate, and the officer of the militia in that quarter, found t necessary to issue his warrants for levying the penalty of the laws upon them. But by this time Judith Dutartre, the wife t-he prophet obtained by revelation, proving with child, another warrant was 954 THE HISTORY OF AMERICA. issued for bringing her before the justice to be exa- mined, and bound over to the general sessions, in consequence of a law of the province, framed for preventing bastardy. The constable having received his warrants, and being jealous of meeting with no good usage in the execution of his office, prevailed on two or three of his neighbours to go along with him. The family observing the constable coming, and being apprised of his errand, consulted their prophet, who soon told them that God commanded them to arm, and defend themselves against perse- cution, and their substance against the robberies of ungodly men ; assuring them at the same time that no weapon formed against them should prosper. Accordingly they did so, and laying hold of their arms, fired on the con-stable and his followers, and drove them out of their plantation. Such behaviour was not to be tolerated, and therefore Captain Sim- mons gathered a party of militia, and went to pro- tect the constable in the execution of his office. When the deluded family saw the justice and his party approaching, they shut themselves up in their house, and firing from it like furies, shot Captain Simmons dead on the spot, and wounded several of his party. The militia returned the fire, killed one woman within the house, and afterwards forcibly en- tering it, took the rest' prisoners siy i-u number and brought them to Charlestown. " At the court of general sessions, held in Sep- tember 1724, three of them were brought to trial, found guilty and condemned. Alas! miserable creatures, what amazing infatuation possessed them! They pretended they had the Spirit of God leading them to all truth, they knew it and felt it : but this spirit, instead of influencing them to obedience, pu- rity, and peace, commanded them to commit rebel- lion, incest, and murder. What is still more asto- nishing, the principal persons among them, I mean the prophet, the father of the family, and Michael Boneau, never were convinced of their delusion, but persisted in it until their last breath. During their trial they appeared altogether unconcerned and se- cure, affirming that God was on their side, and therefore they feared not what man could do unto them. They freely told the incestuous story in open court in all its circumstances and aggravations, with a good countenance, and very readily confessed the facts respecting their rebellion and murder, with which they stood charged, but pled their authority from God in vendication of themselves, and insisted they had done nothing in either case but by his ex- press command. " As it is commonly the duty of clergymen to visit persons under sentence of death, both to convince them of their error and danger, and prepare them for death by bring them to a penitent disposition ; Alexander Garden, the episcopal minister of Charles- town, to whom we are indebted for this account, at- tended those condemned persons with great dili- gence and concern. What they had affirmed in the court of justice, they repeated and confessed to him in like manner in the prison. When he began to reason with them, and to explain the heinous nature of their crimes, they treated him with disdain. Their motto was, Answer him not a word ; who is he that should presume to teach them, who had the Spirit of God speaking inwardly to their souls. In all they had done, they said they had obeyed the voice of God, and were now about to suffer martyr- dom for his religion. But God had assured them, that he would either work a deliverance for them, or raise them up from the dead on the third day. These things the three men continued confidently to believe, and notwithstanding all the means used to convince them of their mistake, persisted in the same belief until the moment they expired. At their execution they told the spectators with seeming tri- umph, they should soon see them again, for they were certain they should rise from the dead on the third day. " With respect to the other three, the daughter Judith being with child, was not tried, and the two sous, David and John Dutartre, about eighteen and twenty years of age, having been also tried and condemned, continued sullen and reserved, in hopes of seeing those that were executed rise from the dead, but being disappointed, they became, or at least seemed to become, sensible of their error, and were both 'pardoned. Yet not long afterwards one of them relapsed into the same snare, and murdered an innocent person, without either provocation or previous quarrel, and for no/tftlierr&ason, as he confessed, but that God had/commanded\ him so to do. Being a second time/brought to trial, he was found guilty of murder, and condemned. /Mr. Gar- den attended him again under the secontt sentence, and acknowledged, with great appearance of success. No man could appear more deeply sensible of his error and delusion, or could die a more sincere and hearty penitent on account of his horrid crimes. With great attention he listened to Mr. Garden, while he explained to him the terms of pardon and salvation proposed in the Gospel, and seemed to die in the humble hopes of mercy, through the all-suffi- cient merits of a Redeemer." Thus ended this wretched scene of fanaticism, ia which seven persons lost their lives : one being killed, two murdered, and four executed for the murders ; a signal and melancholy instance of the extrava- gance and madness to which an inflamed imagina- tion will excite weak minds. About this time the number of white inhabitants, including men, women, and children, was computed to amount to 14,000, an increase, in the space of 54 years after the arrival of the first colony, very in- considerable, and occasioned, no doubt, both by the unhealthiness of the climate, and by the discourage- ments and difficulties which prevailed during the proprietary government. The province now fur- nished the inhabitants with provisions in abundance, and exported what it could spare to the West Indies. The white inhabitants lived frugally, as luxury had not yet crept in among them, and, except a little rum and sugar, tea and coffee, were contented with what their plantations afforded. Maize and Indian peas seemed congenial with the soil and climate : and as they had been cultivated by the savages for provision, they were found also to be excellent food for European labourers, and more wholesome and nourishing than rice. Maize does not thrive on a watery soil, but on dry and loose land. As the use of the plough could not be introduced until the lands were cleared of the roots of trees, to prepare a field for planting it required great labour. Ridges were commonly made with the hoe about five feet asunder, upon the top of which the seed was planted three inches deep. One gallon of maize will sow an acre, which, with skilful management on good lands, will yield in favourable seasons from 30 to 50 bushels. While it grows it requires to be frequently weeded, and the earth carefully thrown up about the root of the plant, to facilitate its progress. As it rises high, at the root of it the Indian peas are usually planted, which climb up its stalk like a vine, so* that the UNITED STATES. 955 lands yield a double crop. From the stem of maize large blades spring, which the planters carefully gather, and which, when properly cured, the horses or cattle will prefer before the finest hay. These two articles, maize and Indian peas, together with the Spanish potatoes, were the chief subsistence of their unhappy slaves, consisting chiefly of negroes and a few Indians, and who, at this time, men, wo- men, and children, amounted to between 16,000 and 20,000. In the year 1724, 439 slaves, and also British goods and manufactures of different kinds, to the amount of between 50,000 and 60,OOOJ. sterling, were imported into the province. In exchange for these slaves and commodities, 18,000 barrels of rice, and about 52,000 barrels of pitch, tar and turpen- tine, together with deer-skins, furs, and raw silk, were exported to England. This trade was carried on almost entirely in British ships, and employed a number of hands. The Carolineans also traded to the West Indies, and several small ships and sloops were employed in carrying provisions, lumber, staves and naval stores to these islands, which they bar- tered for sugar, rum, molasses, coffee, cotton, and Spanish gold and silver. To New England, New York, and Pennsylvania, they sent some rice, hides, deer-skins, tar and pitch, and had in exchange, flour, salt fish, fruit, beer, and cider. All the gold and silver that came into the pro- vince from the West Indies was commonly sent into Britain, to answer the merchants' demands there ; and bills of credit continued increasing and circu- lating, for the convenience of domestic commerce : 40,000/. were issued during Nicolson's government, over and above former emissions, by which increase the exchange with Britain, and the price of produce arose in one year from 500 to 600 per cent. This has never failed to be the consequence of issuing large quantities of paper-money in Carolina : for whenever this currency was permitted to increase beyond what was necessary for the purposes of com- merce, it sunk in value, and proportionably in- creased the nominal price of provisions and labour ; and of course shouldit by any accident be diminished, the price would again fall. Besides this, when the imports happened to exceed the exports, the great demand for bills of exchange raised the price of them, and helped to increase the depreciation of the current money of the province. Among other traders, at this time Othneal Beale commanded a ship in the Carolina trade ; and while sailing from Charlestown to London, not being pro- vided with a Mediterranean pass, he was taken by an Algerine rover, who determined to carry him to Barbary, and for this purpose took the English sailors on board,. and manned Captain Beale's ship with Algerines, giving them orders to follow him to the Mediterranean sea. Soon after, a storm arising in the night separated the two ships, and Captain Beale being the only person on board that under- stood navigation, resolved to avail himself of the ad- vantage, and accordingly, instead of sailing for Africa, steered directly for England. Upon his ar- rival the Algerine sailors were surpiised, but not at all displeased ; they even confessed to their ambas- sador the kind usage they had received ; upon which Captain Beale had all he lost returned by agreement, together with thanks for his humanity. This bold adventure likewise procured the captain the honour of an introduction to the king, who expressed a de- sire of seeing him, and ordered Lord Carteret, then secretary of state, to make him a handsome present on the occasion. This memorable anecdote being published, served to mark him for a man of address and courage in Carolina, where he afterwards took up his Besidence, and in time arrived at the chief command of the militia, was made a member of his majesty's council, and died at the age of 85, a rare instance of longevity in that country. In the year 1725, Governor Nicolson having ob- tained leave from the king, returned to Great Britain, and the government devolved on Arthur Middleton, president of the council ; who though of a reserved and mercenary disposition, was a sensible man, and by no means ill qualified for governing the province. But having succeeded a man who liberally spent all his salary and perquisites of office in promoting the public good, he was neither so much distinguished nor respected among the colonists. Being possessed of a moderate fortune, his chief study was to improve it, and he seemed to aspire after the character of a rich man in private life, rather than that of a popu- lar governor and generous benefactor. As he had taken an active part against the proprietary govern- ment, he was not insensible of the advantages now gained from the countenance given the colony by the crown, and was equally careful to promote loyalty to the king as the freedom and safety of his fellow- subjects. At this time the boundaries between the provinces of Carolina and Florida were neither clearly marked nor well understood, as they had never been settled by any public agreement or treaty between En- ;land and Spain. To prevent negroes escaping to he Spanish territories, and overawe the Indians under the Spanish jurisdiction, the Carolineans had built a fort on the forks of the river Alatamaha, and supported a small garrison in it. This gave um- brage to the governor of Augustine, who complained of it to the court of Madrid, representing it as an encroachment on the dominions of Spain, and as an attempt to seduce the Indians from their allegiance to his Catholic majesty. The Spanish ambassador at London lodged the complaint before the court of Britain, and demanded that orders should be sent out to Carolina immediately to demolish it. To pre- vent any interruption of the good correspondence then subsisting between the two courts, it was agreed to send orders to both governors in America to meet in an amicable manner, and settle the respective boundaries between the British and Spanish do minions in that quarter. Accordingly soon after Don Francisco Menandez, and Don Joseph de Ra- biero, came to Charlestown, to hold a conference with the president and council of Carolina about this matter. At their meeting, Mr. Middleton showed those deputies, that this fort was built within the bounds of the charter granted to the proprietors, and that the pretensions of Spain to such lands were groundless. At the same time he told them, that the fort on the river Alatamaha was erected for de- fending themselves and their property against the depredations of Indians living under the jurisdiction of Spain. Then he begged to know from them their reasons for protecting felons and debtors that fled from Carolina to them, and for encouraging negroes to leave their masters and take refuge at Augustine, while peace subsisted between the two crowns ? The deputies replied, That the governor of Florida would deliver up all felons and debtors ; but had express orders for twenty years past, to detain all slaves who should fly to Augustine for liberty and protection. Middleton declared he looked on such injurious or- ders as a breach of national honour and faith, espe- 956 THE HISTORY OF AMERICA. cially as negroes were ico,i property, as much as houses and lands, in Carolina; a speech which cannot but make one shudder. The deputies answered, That the design of the king of Spain was not to injure private men, having ordered compensation to be made to the masters of such slaves in money ; but that his humanity and religion enjoined him to issue such orders for the sake of converting slaves to the Christian faith. The conference ended to the satis- faction of neither party, and matters remained as they were; but soon after, the English fort, built of wood, was burned to the ground, and the southern frontiers of Carolina were again left naked and de- fenceless. As no final agreement, with respect to the limits of the two provinces had been concluded, the Indians in alliance with Spain continued to harass the Bri- tish settlements : particularly the Yamassees, who penetrated into Carolina in scalping parties ; killing all the white men, and carrying off every negro they could. Though the owners of slaves had been allowed from the Spanish government a compensa- tion in money for their losses, yet few of them ever received it, and at last Colone'l Palmer resolved to make reprisals on those plunderers, since no ade- quate recompense could otherwise be obtained. For this purpose he gathered together a party of militia and friendly Indians, consisting in all of about 300 men, and entered Florida, with a resolution of spreading desolation throughout the province. He carried his arms as far as the gates of Augustine, and compelled the inhabitants to take refuge iu their castle. Scarce a house or hut in the colony escaped the flames. He destroyed their provisions in the fields, and drove off their cattle, hogs and horses. Some Indians he killed, and others he made pri- soners. In short, he left the people of Florida little property, except what was protected by the guns of their fort, and by this expedition convinced the Spaniards of their weakness, and the bad policy of encouraging Indians to molest the subjects o Britain. But such a state of society is shocking to reflect on, and bespeaks either some great defect on the part of the early legislators, or great demorali zation on that of the settlers. By this time the Spaniards were not the only neighbours that annoyed the Carolineans. Th* French settled in Louisiana were also advancin nearer them, and using all their address for gaining an influence with these savage nations. They erectec a strong hold, called Fort Alabama, high up on Mobile river, which was excellently situated fo opening and carrying on a correspondence with th most powerful nations around the British settlement The Carolineans had good reason to be on thei guard against the influence of these insinuating and enterprising neighbours. The tribes of Uppe Creeks, whose hunting-lands extended to their fort were soon won over by promises and largesses to an alliance with them. The Cherokees indeed lived a a greater distance from them, and yet by means c Creeks and other emissaries, whom they sent amoni them, they endeavoured also to bring them over t their interest. The river Mississippi being navigabl a great way from its mouth, opened a communicatio: with the Choctaws, Chikesaws, and other nation residing near it. So that the French had many ex cellent opportunities of seducing Indians from the alliance with Britain. The president of Carolin employed Captain Tobias Fitch among the Creek and Colonel George Chicken among the Cherokee! to keep these tribes steady and firm to the Britis terest. These agents, however, during the whole me Mr. Middleton presided over the colony, found o small difficulty in counteracting the influence of rench policy, and preventing their union and alli- nce with these enemies. From this period the ritish and French settlers in America became com- etitors for power and influence over the Indian na- ons, the one or the other of whom were always ex- osed to danger and trouble from them, in propor on to the success of their rivals; and the Caroli- eans were further from peace and safety than ever, "he French supplied these savages with tomahawks, tuskets, and ammunition, by which means they aid aside the bow and arrow, and became more angerous and formidable enemies than they had een in any former period. During the summer of 172rtte~weather i" Caro- na was observed to be uncommonly hot, by which ic earth was parched, /the pools of" standing water ned up, and the cattle were reduced to great dis- ress. After such a long and general/ drought the nhabitants having usually observed-hurricanes and ornadoes to follow in autumn, began to expect one s that season of the year approached; and their ears were fulfilled by a dreadful tornado which oc- urred in the end of August, and occasioned an iu- mdation, that over flowed the town aud the lowlands, ind did incredible damage to the fortifications, houses, wharfs, shipping, and corn-fields. The streets of 3harlestown were covered with boats and boards, and the inhabitants were obliged to take refuge in he higher stores of their dwelling-houses. Tweuty- hree ships were driven ashore, most of which were ;ither greatly damaged, or dashed to pieces; and he Fox and Garland men-of-war, stationed there 'or the protection of trade, were the only ships that rode out the storm. This hurricane, though it le- velled many thousand trees in the maritime parts, vet so thick was the forest, that it was scarcely per- ceived 100 miles from the shore. But as such vio- ent storms are probably occasioned by the rarefac- ion of the air, with excessive heat, they are seldom >f long duration, for having restored the equipoise n the atmosphere, the wind commonly shifts, and the tempest ceases. The same year an infectious and pestilential dis- Lemper, commonly called the Yellow Fever, broke out in Charlestown, and swept off multitudes of the nhabitants, both white and black. Although the town depended entirely on the country for fresh pro- visions, the planters would suffer no person to carry supplies to it, for fear of catchiug the infection, and bringing it to the country. The physicians knew not how to treat the then almost unknown disorder which was so suddenly caught, and proved so quickly fatal ; and the calamity was so general, that few could grant assistance to their distressed neighbours. So many funerals happening every day, while so many lay sick, sufficient white persons for burying the dead were scarcely to be found; and though they were ofteu interred on the same day they died, so quick was the putrefaction, so offensive and in- fectious were the corpses, that even the nearest re- lations seemed averse from the necessary duty. But notwithstanding these calamities, one memo- rable event distinguished this year, which was at- tended with many beneficial consequences to the province. An act of parliament passed in Britain for establishing an agreement with seven of the proprietors for a surrender of their right and in- terest, not only in the government, but also in the soil aud lauds of the province, to toe king. The UNITED STATES. $67 purchase was made for 17,5(XH. sterling, to be paid before the end of September 1729, free of all de- ductions; after which payment, the province was to be vested in the crown of Great Britain. At the same time seven-eighth parts of the arrears of quit- rents, due from the colonists to the proprietors, amounting to somewhat more than 9000/. sterling, were also purchased for the crown for 5000/. ; so that seven-eighth parts of this vast territory cost no more than 22,500/. But in this act of parliament there was a clause, reserving to Lord John Carteret the remaining eighth share of the property and arrears of quit-rents, which continues legally vested in his representatives; but the whole of his share in the government he surrendered to the crown. The pro- prietors who sold their shares at this time, were Henry, duke of Beaufort, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth More, Sir John Colleton, John Cotton, and Joseph Blake, who before the sur- render were possessed, either in their own right or in trust, of seven-eighth parts of the government and property of the province. This surrender was made to Edward Bertie, Samuel Horsey, Henry Smith, and Alexis Clayton, in trust for the crown; and in consequence of the powers granted to the king by this act of parliament, he claimed the prerogative of appointing governors to both South and North Ca- rolina, and a council similar to the other regal go- vernments in America. Sir Alexander Gumming treats with the Indians 'Se- ven Ctierokees taken to England Robert Johnson, governor James Oglethorpe settles a colony in Ge- orgia A colony of Switzers arrives in Carolina Eleven townships marked oat-^A struggle about lands State of the colony The regulations of the trustees Settlement of two colonies of Highlanders and Germans Thomas Broiighton, lieut.-governor Oglethorpe fortifies Georgia The Chickesaws defeat the French Religious state of the colony The as- sociation of Presbyterians Remarks on paper cur- rency Small progress of Georgia Hardships of thejirst settlers An Irish colony planted. From that period in which the right and title to the lands of Carolina were surrendered to the king, and he assumed the immediate care and government of the province, a new era commences in the annals of this country, which may be called the era of its security and happiness. The Carolineans. who had long laboured under innumerable hardships and troubles, from a weak proprietary establishment, at last obtained the great object of their desires, a royal government, the congtitution of which depended on commissions issued by the crowu to the governor, and the instructions which attended those commis- sions. The form of all provincial governments was borrowed from that of their mother country ; and the government of Carolina now assumed a form like the other regal ones, and was composed of three branches : namely, a governor, a council, and an assembly. The crown having the appointment of the governor, delegated to him its constitutional powers, civil and military, the power of legislation as far as the king possesses it, and its judicial and executive powers, together with those of chancery and admiralty jurisdiction, and also those of supreme ordinary : all these powers, as they exist in the crown, were intrusted to the colonial governors, and were declared and defined !>y their commissions pa- tent. The council, though differing in many re- snects from the house oi peers, was intended to re- present that house, and the members were appointed by the king during pleasure, for supporting the pre- rogatives of the crown in the province. The assem- bly consisted of the representatives of the people, and were elected by them as the house of commons in Great Britain, to be the guardians of their liber- ties and properties. Here also the constitution con- fided in the good behaviour of the representatives ; for should they betray their trust, it gave the people more frequent opportunities than even in Britain, of choosing others in their stead. The governor con- vened, prorogued, and dissolved these assemblies, and had a negative on the bills of both houses. After bills had received his assent, they were sent to Great Britain for the royal approbation, which, when they received, they had the force of laws in the province. By the instructions which the governor received from time to time from England, his power was occasionally greatly circumscribed. After the purchase of the province, the tirst object of the royal concern was, to establish the peace of the colony on the firmest foundation ; and for this purpose treaties of alliance with the Indian nations were judged to be essentially necessary. Domestic security being first established, the colonists might then apply themselves to industry with vigour and success, and while they enriched themselves, they would at the same time enlarge the commerce and trade of the mother country. For this purpose Sir Alexander Gumming was appointed, and sent out to conclude a treaty of alliance with the Cherokees, at this time a formidable nation of savages. These Indians occupied the lands about the head of Sa- vanna river, and backwards among the Apalachiau mountains. The country they claimed as their hunt- ing-grounds was of immense extent; and its boun- daries had never been clearly ascertained. The inhabitants of their different towns were computed to amount to more than 20,000, 6000 of whom were warriors, fit on any emergency to take the field. An alliance with such a nation was an object of the highest consequence to Carolina, and likewise to the mother country, now engaged for its defence and protection. About the beginning of the year 1730, Sir Alex- ander arrived in Carolina, and made preparations for his journey to the distant hills. For his guides he procured some Indian traders, well acquainted with the woods, and an interpreter, who understood the Cherokee language, to assist him in his negotia- tions. When he reached Keowee, about 300 miles from Charlestown, the chiefs of the lower towns there met him, and received him with marks of great friendship and esteem. He immediately dispatched messengers to the middle, the valley, and over-hill settlements, and summoned a general meeting of all their chiefs, to hold a congress with him at Nequas- see. Accordingly, in the month of April the chief warriors of all the Cherokee towns assembled at the place appointed. After the various Indian ceremo- nies were over, Sir Alexander made a speech to them, acquainting them by whose authority he was sent, and representing the great power and goodness of his sovereign, King George ; how he, and all his other subjects, paid a cheerful obedience to his laws, and of course were protected by him from all harm : that he had come a great way to demand of Moytoy, and all the chieftains of the nation, to acknowledge themselves the subjects of his king, and to promise obedience to his authority ; and as he loved them, and was answerable to his sovereign for their good and peaceable behaviour, he hoped they would agree 958 THE HISTORY OF AMERICA. to what he should now require of them. Upon which the chiefs, falling on their knees, solemnly promised fidelity and obedience, calling upon all that was terrible to fall upon them if they violated their pro- mise. Sir Alexander then, by their unanimous con- sent, nominated Moytoy commander and chief of the Cherokee nation, and enjoined all the warriors of the different tribes to acknowledge him for their king, to whom they were to be accountable for their con- duct. To this they also agreed, provided Moytoy should be made answerable to Sir Alexander for his behaviour to them. After which, many useful pre- sents were made them, and the congress ended to the great satisfaction of both parties. The crown was brought from Tenassee, their chief town, which, with five eagle tails and four scalps of their enemies, Moytoy presented to Sir Alexander, requesting him on his arrival at Britain, to lay them at his majesty's feet. But Sir Alexander proposed to Moytoy that he should depute some of their chiefs to accompany him to England, there to do homage in person to the great king. Accordingly six of them agreed, and accompanied Sir Alexander to Charlestown, where, being joined by another, they embarked for England in the Fox man-of-war, and arrived at Dover in June 1730. We shall not pretend to describe their behaviour at the sight of the vast effects of civilization. Being admitted into the presence of the king, they, in the name of their nation, promised to continue for ever his majesty's faithful and obedient subjects ; and a treaty was accordingly drawn up, and signed by Alured Popple, secretary to the lords commissioners of trade and plantations on one side, and by the marks of the six chiefs on the other. The preamble to this treaty recites, " That whereas the six chiefs, with the consent of the whole nation of Cherokees, at a general meeting of their, nation at Nequassee. were deputed by Moytoy, their chief warrior, to attend Sir Alexander Gumming to Great Britain, where they had seen the great King George : and Sir Alexander, by authority from Moytoy and all the Cherokees, had laid the crown of their nation, with the scalps of their enemies and feathers of glory, at his majesty's feet, as a pledge of their loyalty : and whereas the great king had com- manded the lords commissioners of trade and plan- tations to inform the Indians that the English on all sides of the mountains and lakes were his people, their friends his friends, and their enemies his ene- mies ; that he took it kindly the great nation of Cherokees had sent them so far to brighten the chain of friendship between him and them, and between his people and their people ; that the chain of friend- ship between him and the Cherokees is now like the sun, which shines both in Britain and also upon the great mountains where they live, and equally warms the hearts of Indians and Englishmen ; that as there are no spots or blackness in the sun, so neither is there any rust or foulness on this chain. And as the king had fastened one end to his breast, he desired them to carry the other end of the chain and fasten it to the breast of Moytoy of Telliquo. and to the breasts of all their old wise men, their captains, and people, never more to be made loose or broken. " The great king and the Cherokees being thus fastened together by a chain of friendship, he has ordered, and it is agreed, that his children in Caro- lina do trade with the Indians, and furnish them with all manner of goods they want, and to make haste to build houses and plant corn from Charles- towards the towns of Cherokees behind the great mountains : that he desires the English and Indians may live together as children of one family , that the Cherokees be always ready to fight against any nation, whether white men or Indians, who shall dare to molest or hurt the English ; that the nation of Cherokees shall, on their part, take care to keep the trading path clean, that there be no blood on the path where the English tread, even though they should be accompanied with other people with whom the Cherokees may be at war : that the Cherokees shall not suffer their people to trade with white men of any other nation but the English, nor permit white men of any other nation to build any forts or cabins, or plant any corn among them, upon lands which belong to the great king : and if any such attempt shall be made, th*rChles with the powerful savages, and expose them to [anger and destruction. Such were probably the motives which induced those humane and generous >ersons to impose such foolish and ridiculous re- trictions on their colony. For by granting their mall estates in tail-male, they drove the settlers rorn Georgia, who soon found that abundance of ands could be obtained in America upon a larger cale, and on much better terms. By their dis- harging a trade with the We,st Indies, they not ouly 966 THE HISTORY OF AMERICA. deprived the colonists of an excellent and conveni- ent market for their lumber, of which they had abundance on their lands, but also of rum, which, when mixed with a sufficient quantity of water, has been found by experience the cheapest, the most re- freshing, and nourishing drink for workmen in such a foggy and burning climate. The trustees, like other distant legislators, who framed their regula- tions upon principles of speculation, were liable to icany errors and mistakes, and however good their design, their rules were found improper and imprac- ticable. The Carolineans plainly perceived, that they would prove insurmountable obstacles to the progress and prosperity of the colony, and therefore from motives of pity began to invite the poor Geor- gians to come over Savanna river, and settle in Ca- rolina, being convinced that they could never succeed under such impolitic and oppressive restrictions. Besides the large sums of money which the trus- tees had expended for the settlement of Georgia, the parliament had also granted during the two past years 36,000/. towards carrying into execution the humane purpose of the corporation. But after the representation and memorial from the legislature of Carolina reached Britain, the nation considered Georgia to be of the utmost importance to the Bri- tish settlements in America, and began to make still more vigorous efforts for its speedy population. The first embarkations of poor people from England, being collected from towns and cities, were found equally idle and useless members of society abroad, as they had been at home. A hardy and bold race of men, inured to rural labour and fatigue, they were persuaded would be much better adapted both for cultivation and defence. To find men possessed of these qualifications, the trustees turned their eyes to Germany and the Highlands of Scotland, and re- solved to send over a number of Scotch and German labourers to their infant province. When they pub- lished their terms at Inverness, 130 Highlanders immediately accepted them, and were transported to Georgia. A town -ship on the river Alatamaha, which was considered as the boundary between the British and Spanish territories, was allotted for the Highlanders, in which dangerous situation they set- tled, and built a town, which they called New In- verness. About the same time 170 Germans em- barked with James Oglethorp, and were fixed in an- other quarter ; so that, in the space of three years, Georgia received above 400 British subjects, and about 170 foreigners. Afterwards several adven- turers, both from Scotland and Germany, followed their countrymen, and added further strength to the province, and the trustees flattered themselves with the hopes of soon seeing it in a promising condition. The same year Carolina lost Robert Johnson, her favourite governor, whose death was as much la- mented by the people, as during his life he had been beloved and respected. The province having been uch indebted to his courage and abilities, to perpe- tuate his memory among them, and, in testimony of their esteem, a monument was erected in their church at the public expense. After his decease the government devolved onThomasBroughton, an honest man, but little distinguished either for his knowledge or enterprise. At this time many of the leading men of the colony scrupled not to practise imposi- tions, and being eagerly bent on engrossing lands, the lieutenant-governor freely granted them war- rants; and the planters, provided they acquired large possessions, were not very scrupulous as to the manner in which they were obtained. James Oglethorpe having brought a number of great guns with him from England, now began to fortify Georgia, by erecting strong-holds on its fron- tiers, where he judged they might be useful for its safety and protection. At one place, which he called Augusta, a fort was erected on the banks of Savanna river, which was excellently situated for protecting the Indian trade, and holding treaties of commerce and alliance with several of the savage nations. At anothfir_p|ace, called Frederica, on an island near the/fnouth oi the river Aiatainaha, an- other fort, with four regular bastions, was erected, and several pieces of cannjon were mounted on it. Ten miles nearer the sea a^/battery was raised, com- manding the entrance into the sound, through which all ships of force mttst come that might be seut against Frederica. To keep little garrisons in these forts, to help the trustees to defray the expenses of such public works, 10,000/. were granted by tho parliament of Great Britain. While James Oglethorpe was thus employed in strengthening Georgia, he received a message from the Governor of Augustine, acquainting him that a Spanish commissioner from the Havanna had ar- rived there, in order to make certain demands of him, and would meet him at Frederica for that pur- pose. At the same time he had advice, that three companies of foot had accompanied him to that Spa- nish settlement. A few days afterwards this com- missioner came to Georgia by sea, and Oglethorpe, unwilling to permit him to come to Frederica, dis- patched a sloop to bring him into Jekyl Sound, where he intended to hold a conference with him. Here the commissioner had the modesty to demand, that Oglethorpe and his people should immediately evacuate all the territories to the southward of St. Helena Sound, as they belonged to the king of Spain, who was determined to maintain his right to them ; and if he refused to comply with his de- mand, he had orders to proceed to Charlestown and lay the same before the governor and council of that province. Oglethorpe endeavoured to convince him that his Catholic majesty had been misinformed with respect to those territories, but to no purpose ; his instructions were peremptory, and the conference broke up without coming to any agreement. After which Oglethorpe embarked with all possible expe- dition, and sailed for England. During his absence the strict law of the trustees, re- specting the rum trade, had like to have created a quarrel between the Carolineans and Georgians. The fortification at Augusta had induced some traders of Carolina to open stores at that place, so conveniently situated for commerce with Indian nations. For this purpose, land-carriage being expensive, they in- tended to force their way by water with loaded boats up Savanna river to their stores at Augusta. But as they passed the town of Savanna, the magistrates rashly ordered the boats to be stopt, the packages to be opened, the casks of rum to be staved, and the people to be confined. Such injurious treatment was not to be suffered; the Carolineans determined to ive a check to their insolence, and for that purpose deputed two persons, one from the council and an- other from the assembly, to demand of the Georgians by what authority they presumed to seize and de- stroy the effects of their traders, or to compel them to submit to the ir code of laws. The magistrates of Georgia, sensible of their error, made great conces- sions to the deputies, and treated them with the ut- most civility and respect. The goods were instantly ordered to be returned, the people to be set at liberty, UNITED STATES. 967 and all manner of satisfaction was given to the de- puties they could have expected. Strict orders were sent to the agents of Georgia among Indians not to molest the traders from Carolina, but to give them all the assistance and protection in their power. The Carolineans, on the other hand, engaged not to smuggle any strong liquors among the settlers ol Georgia, and the navigation on the river Savanna was declared equally open and free to both provinces. About the same time the French took the field against the emperor; and the flames of war kin- dung between such powerful potentates, would, it was thought, inevitably spread, and involve all Europe in the quarrel. In case Great Britain should inter- fere in this matter, and declare in favour of the em- peror, orders were sent out to the governors of Que- bec and New Orleans to invade the weakest fron- tiers of the British settlements of America. For this purpose an army was formed in New France, and preparations were made for uniting the force of Canada and Louisiana to attack Carolina. But be- fore this design was put in execution, advice came, that the clouds of war which threatened Europe were dispersed, and a general peace was restored, by the mediation of Britain and Holland. This put a stop to the motions of the main body in Canada; how- ever, a detachment of 200 French, and 400 Indians were sent down the Mississippi, to meet a party from New Orleans to cut off the Chickesaw Indians. This tribe were the firm allies of Britain, and the bravest nation of savages on the continent, but con- sisted only of between 600 and 800 gun-men. The French having encroached on their lands, and built some forts near them, had on that account drawn upon themselves their invincible enmity and resent- ment. The Chickesaws had long obstinately op- posed their progress up the river Mississippi, and were now the chief obstacle that prevented a regular communication between Louisiana and Canada. The French determined to remove it, by extirpating this troublesome nation, and for this purpose fell down the river in boats to the place where they ex- pected to meet their friends from New Orleans. But the party from the southward not coming up at the time appointed, and the Canadians thinking themselves strong enough for the enterprise, began the war by attacking the Chickesaw towns. Upon which the savages gathered together above 300 war- riors, gave the French battle in an open field, and, though with considerable loss, completely defeated them. Above 40 Frenchmen and eight Indians were killed on the spot, and the rest were taken prison- ers, among whom was their commander, and chief, brother to Mons. Bienville, governor of Now Or- leans. Another party of French from Mobile, in the same year, advanced against the Creeks, who were also unsuccessful, and obliged to retreat with considerable loss. Carolina rejoiced at those dis- asters, and began now more than ever to court the friendship and interest of these rude nations in their neighbourhood, considering them as the best barrier against their natural enemies. By this time the episcopalian form of divine wor- ship had gained ground in Carolina, and was more countenanced by the people than any other. That zeal for the right of private judgment had much abated, and those prejudices against the hierarchy, which the first emigrants tarried from England with them, were now almost entirely worn off' from th<; succeeding generation. To bring about this change, no doubt the well-timed zeal and extensive bounty of the society, incorporated for the propagation of the Gospel, had greatly contributed. At this time the corporation had no less than twelve missionaries in Carolina, each of whom shared of their bounty. Spacious churches had been erected in the province, which were pretty well supplied with clergymen, who were paid from the public treasury, and counte- nanced by the civil authority, all which favoured the established church. The dissenters of Carolina were not only obliged to erect and uphold their churches, and maintain their clergy by private contributions, but also to contribute taxes equally with their neigh- bours, towards the maintenance of the poor, and the support of the establishment. This indeed many of them considered as a grievance, but having but few friends in the provincial assembly, no redress could be obtained for them. Besides, the establishment gave its adherents many advantageous privileges in point of power and authority over persons of other de- nominations. It gave them the best chance for being elected members of the legislature, and of course of being appointed to offices, both civil and military, in their respective districts; and these privileges drew over many of the dissenters, especially the younger part. However, the emigrants from Scotland and Ire- land, most of whom were Presbyterians, still com- posed a considerable part of the province, and kept up the Presbyterian form of worship. Archibald Stobo, by great diligence and ability, still preserved a number of followers ; and an association had been formed in favour of this mode of religious worship, by him and Fisher, and Witherspoon, ministers of the church of Scotland, together with Joseph Stan- yarn, and Joseph Blake, men of respectable charac- ters and considerable fortunes. The Presbyterians had already erected churches at Charlestown, Wil- town, and in three of the maritime islands, for the use of the people adhering to that form of religious worship. As the inhabitants multiplied, several more in different parts of the province afterwards joined them, and built churches, particularly at Jacksonburgh, Indian Town, Port-royal, and Wii- liamsburgh. The first clergymen having received their ordination in the church of Scotland, the fun- damental rules of the association were framed ac- cording to the doctrines and discipline of that esta- blishment, to which they agreed to conform as closely as their local circumstances would admit. These ministers adopted this mode of religious worship, not only from a persuasion of its conformity to the primitive apostolic form, but also from a conviction of its being, of all others, the most favourable to civil liberty and independence. Sensible that not only natural endowments, but also a competent mea- sure of learning and acquired knowledge were ne- cessary to qualify men for the sacred function, and enable them to discharge the duties of it with honour and success, they associated on purpose to prevent deluded mechanics, and illiterate novices from creep- ing into the pulpit, to the disgrace of the character, and the injury of religion. In different parts of the province, persons oMhis stamp had appeared, who decried all establishments, both civil and religious, and seduced weak minds from the duties of allegi- ance, and all that the Presbytery could do was to >revent them from teaching under the sanction 01 ;heir authority. But this association of Presbyte rians having little countenance from government, aid no name or authority in law, their success de tended wholly on the superior knowledge, populat alents and exemplary life of their ministers. From ime to time clergymen were afterwards sent out at 968 THE HISTORY OF AMERICA. the request of the people from Scotland and Ireland ; and the colonists contributed to maintain them, till iit length funds were established in trust by private legacies and donations, to be appropriated for the support of Presbyterian ministers, and the encou- ragement of that mode of religious worship and go- vernment. We have several times, in the histories of all the colonies, had occasion to make remarks on paper currency; which the planters were generally for in- creasing, and the merchants and money-lenders for sinking. The exchange of London, like a commer- cial thermometer, served to measure the rise or fall of paper credit in Carolina; and the price of bills of exchange commonly ascertained the value of their current money. The permanent riches of the coun- try consisted in lands, houses, and negroes ; and the produce of the lands, improved by negroes, raw ma- terials, provisions, and naval stores, were exchanged for what the province wanted from other countries. The attention of the mercantile part was chiefly em- ployed about staple commodities ; and as their great object was present profit, it was natural for them to be governed by that great axiom in trade, whoever brings commodities cheapest and in. the best order to market, must always meet with the greatest en- couragement and success. The planters, on the other hand, attended to the balance of trade, which was turned in their favour, and concluded, that when the exports of any province exceeded its im- ports, whatever losses private persons might now and then sustain, yet that province upon the whole was growing rich. Let us suppose, what was indeed far from being the case, that Georgia so far advanced in improvement as to rival Carolina in raw mate- rials and exchangeable commodities, and to under- sell her at the markets in Europe : this advantage could only arise from the superior quality of her lands, the cheapness of her labour, or her landed men being contented with smaller profits. In such a case it was the business of the Carolina merchants to lower the price of her commodities, in order to reap the same advantages with her neighbours ; and this could only be done by reducing the quantity of paper money in circulation. If gold and silver only past current in Georgia, which by general consent was the medium of commerce throughout the world, if it had a sufficient quantity to answer the pur- poses of trade, and no paper currency had been per- mitted to circulate ; in such case its commodities would bring their full value at the provincial market, and no more, according to the general standard of money in Europe. Supposing also that Carolina had a quantity of gold and silver in circulation, suf- ficient for the purposes of commerce, and that the planters, in order to raise the value of their produce, should issue paper money equal to the quantity of gold and silver in circulation, the consequence would be, the price of labour, and of all articles of ex- portation, would be doubled. But as the markets of Europe remained the same, and its commodities being of the same kind and quality with those of Georgia, they would not bring a higher price. Some persons must be losers, and in the first instance this loss must fall on the mercantile interest and monied men. Therefore this superabundance of paper credit, on whose foundation the deluded province built its visionary fabric of great wealth, was not only use- less, but prejudicial with respect to the community. Taper money in such large quantities is the bane of comme-cs, a kind of fictitious wealth, making men by high-sounding language imagine they are worth thousands and millions, while a ship's load of it would not procure for the country a regiment of aux- iliary troops in time of war, nor a suit of clothes at an European market in time of peace. Had Ame- rica, from its first settlement, prohibited paper money altogether, its staple commodities must have brought her, in the course of commerce, vast sums of gold/etui sltver, which would have circulated through the continent, and answered all the purposes of trade both foreign and domestic. It is true, the value of gold and Isilver is equally nominal, and rises and falls li)re the value of other articles of commerce, iiupfbportion to the quantity in circula- tion ; but as nations in general have fixed on these metals as the medium of trade, this has served to stamp a value on them, and render them the means not only of procuring every where the necessaries of life, but by supporting public credit, the chief means also of national protection. However, some distinction in point of policy should perhaps be made between a colony in its in- fancy, and a nation already possessed of wealth, and in an advanced state of agriculture and commerce, especially while the former is united to, and under the protection of the latter. To a growing colony such as Carolina, paper credit, under certain limi- tations, was useful in several respects ; especially as the gold and silver always left the country, when it answered the purpose of the merchant for remittance better than produce. This credit served to procure the planter strength of hands to clear and cultivate his fields, from which the real wealth of the province arose. Adventurous planters in Carolina, eager to obtain a number of negroes, always stretched their credit with the traders to its utmost pitch ; for as negroes on good lands cleared themselves in a few years, they by this means made an annual addition to their capital stock. After obtaining this credit, it then became their interest to maintain their su periority in assembly, and discharge their debt to the merchants in the easiest manner they could. The increase of paper money always proved to them a considerable assistance, as it advanced the price of those commodities they brought to the market, by which they cancelled their debts with the mer- chants ; so that, however much this currency might depreciate, the loss occasioned by it from time to time fell not on the adventurous planters, but on the merchants and money-lenders, who were obliged to take it in payment of debts or produce, which always arose in price in proportion to its depre- ciation. In excuse for increasing provincial paper money, the planters always pleaded the exigencies of the public, such as warlike expeditions, raising fortifi- cations, providing military stores, and maintaining garrisons ; those no doubt rendered the measure sometimes necessary, and often reasonable, but private interest had also considerable weight in adopting it, and carrying it into execution. In the year 1737, a bill of exchange on London for 100/. sterling, sold for 750J. Carolina currency. Of this the merchants might complain, but from this period they had too little weight in the public councils to obtain any redress. The only resource left for them was to raise the price of negroes and British arti- cles of importation, according to the advanced price of produce and bills of exchange. However, the ex- hange again fell to 700/. per cent., at which stand- aid it afterwards remained. By this time the colonists of Georgia, after a suf- icient experience, had become fully convinced of UNITED STATES. the impropriety and folly of that plan of settlement framed by the trustees, which, however well in- tended, was ill adapted to their circumstances, and ruinous to the settlement. In the province of Caro- lina, which lay adjacent, the colonists discovered that there they could obtain lands not only on better terms, but also liberty to purchase negroes to assist in clearing and cultivating them. They found la- bour in the burning climate intolerable, and the dangers and hardships to which they were subjected insurmountable. Instead of raising commodities for exportation, the Georgians, by the labour of several years, were not yet able to raise provisions sufficient to support themselves and families. Under such discouragements, numbers retired to the Caro- lina side of the river, where they had better pros- pects of success, and the magistrates observed the infant colony sinking into ruin, and likely to be totally deserted. The freeholders iu and round Sa- vanna assembled together, and drew up a state of their deplorable circumstances, and transmitted it to the trustees, in which they represented their suc- cess in Georgia as a thing absolutely impossible, without the enjoyment of the same liberties and pri- vileges with their neighbours in Carolina. In two respects they implored relief from the trustees ; they desired a fee-simple or free title to their lands, and liberty to import negroes under certain limitations, without which they declared they had neither en- couragement to labour, nor ability to provide for their posterity. But the colony of Highlanders, in- stead of joiuing in this application, most sensibly and nobly remonstrated against the introduction of slaves. As they lay contiguous to the Spanish do- minions, they were apprehensive that these enemies would entice their slaves from them in time of peace, and in time of war instigate them to rise against their masters. Besides, they considered perpetual slavery as shocking to human nature, and deemed the permission of it as a grievance, and which in some future day might also prove a scourge, and make many feel the misery of that oppression they so earnestly desired to introduce. Few persons who arc acquainted with the country will wonder at the complaints of the early settlers in Georgia; for if we consider the climate to which they were sent, and the labours and hardships they had to undergo, we may rather be astonished that any of them survived the first year after their arrival. When James Oglethorpe took possession of this wilderness, the whole was a thick forest, excepting savannas, which are natural plains whure no trees grow, and a few Indian fields, where the savages planted maize for their subsistence. In the province there were the same wild animals, fish, reptiles and insects, which were found in Carolina. The country in the maritime parts was likewise a spacious plain, covered with pine trees, where the lands were barren and sandy ; and with narrow slips of oaks, hickory, cy- press, cane, &c., where the lands were of a better quality. Rains, thunder-storms, hurricanes, and whirlwinds, were equally frequent in the one pro- vince as in the other. Little difference could be perceived in the soil, which in both was barren or swampy ; and the same diseases were common to both. The lands being covered with wood, through which the sea-breezes could not penetrate, there was little agitation in the air, which at some seasons was thick, heavy and foggy, and at others clear, close, and suffocating, both which were most pernicious to health. The air of the swampy land was preg- nant with innumerable noxious qualities, insomuch that a more unwholesome climate was not perhaps to be found in the universe. The poor settlers con- sidered this wilderness to which they were brought, to have been designed by nature rather for the habi- tation of wild beasts than human creatures. They found that diseases, or even misfortunes were in effect equally fatal : for though neither of them might prove suddenly mortal, yet either would reduce them to a state in which they might more properly be said to perish than to die. Nothing retarded the progress and improvement of these southern settlements more than the inat- tention shown to the natural productions of the soil, and the preference which has commonly been given to articles transplanted from Europe. As Georgia lay so convenient for supplying the West Indies with maize, Indian peas, and potatoes, for which the de- mand was very great, perhaps the first planters could scarcely have turned their attention to more profita- ble articles, but without strength of hands little ad- vantage could be reaped from them. It is true the West Indian Islands would produce such articles, yet the planters would never cultivate them, while they could obtain them by purchase : the lands there suited other productions more valuable ard advan- tageous. Abundance of stock, particularly hogs and black cattle, might have been raised in Georgia for the same market. Lumber was also in demand, and might have been rendered profitable to the province, but nothing could succeed there under the foolish restrictions of the trustees. European grain, such as wheat, oats, barley, and rye, thrived very ill on the maritime parts ; and even silk and wine were found upon trial by no means to answer tbeir expec- tations. The bounties given for raising the latter were an encouragement to the settlers, but either no pains were taken to instruct the people in the proper methods of raising them, or the soil and cli- mate were ill adapted for the purpose. The poor and ignorant planters applied themselves to those articles of husbandry to which probably they had been formerly accustomed, but which poorly re- warded them and left them, after all their toil, in a starved and miserable condition. The complaints of the Georgians, however ignorant they might be, ought not to have been entirely dis- regarded by the trustees. Experience suggested those inconveniences and troubles from which they implored relief. The hints they gave certainly ought to have been improved towards correcting errors in the first plan of settlement, and framing another more favourable and advantageous. The honour of the trustees depended on the success and happiness of the settlers, and it was impossible for the people to succeed and be happy without those encourage- ments, and privileges absolutely necessary to the first state of colonization. It must be acknowledged, for the credit of the benevolent trustees, that they sent oui these emi- grants to Georgia under several very favourable cir. cumstances. They paid the expenses of their pas- sage, and furnished them with clothes, arms, ammu- nition, and instruments of husbandry. They gave them lands, and bought for some of them cows and hogs to begin their stock. They maintained their families during the first year of their occupancy, or until they should receive some return from their lands. So that if the planters were exposed to ha- zards from the climate, and obliged to undergo la- bour, they certainly entered on their task with se- veral advantages. The taxes demanded, compara- tively speaking, were a mere trifle ; and for their 970 THE HISTORY OF AMERICA. encouragement they laboured entirely for themselves, and for some time were favoured with a free and ge- nerous maintenance. By this time an account of the great privileges and indulgencies granted by the crown for the encourage- ment of emigration to Carolina, had been published through Britain and Ireland, and many industrious people in different parts had resolved to emigrate. Multitudes oHabourers and husbandmen in Ireland, oppressed by landlords and bishops, and unable by their utmost diligence to procure a comfortable sub- sistence for their families, embarked for Carolina. The first colony of Irish people had lands granted them near Santee river, and formed the settlement called Williamsburgh township. But notwithstand- ing the bounty of the crown, these poor emigrants remained for several years in low and miserable cir- cumstances. The rigours of the climate, joined to the want of precaution, so common to strangers, proved fatal to numbers of them. Having but scanty provisions in the first stage of cultivation, vast num- bers, by their heavy labour, being both debilitated in body, and dejected in spirit, sickened and died in the woods. But as this township received frequent supplies from the same quarter, the Irish settlement, amidst every hardship, increased in number; and at length they applied to the merchants for negroes, who intrusted them with a few, by which means they were relieved from the severest part of the labour, then, by their great diligence and industry, spots of land were gradually cleared, which in the first place yielded them provisions, and in process of time became moderate and fruitful estates. Trade obstructed by the Spaniards of Mexico William Bull lieutenant-governor Oglethorpe's regiment tent to Georgia The Spaniards try to seduce the Creeks "Mutiny in Oglethorpe's camp^A negro in- turrection in Carolina A war with Spain A pro- ject for invading Florida General Oglethorpe marches against Florida Invests Augustine Raises the siege A great fire at Charlestown A petition in favour of the rice trade James Glen governor Lord Carteret's property divided from that of the crown The Spaniards invade Georgia III treat- ment of General Oglethorpe Petition for three in- dependent companies. For several years before an open rupture took place between Great Britain and Spain, no good understanding subsisted between those two different courts, neither with respect to the privileges of na- vigation on the Mexican seas, nor to the limits be- tween the provinces of Georgia and Florida. On one hand, the Spaniards pretended that they had an exclusive right to some latitudes in the bay of Mex- ico ; and, on the other, though the matter had never been clearly ascertained by treaty, the British mer- chants claimed the privilege of cutting logwood on the bay of Campeachy. This liberty indeed had been tolerated on the part of Spain for several years, and the British merchants, from avaricious motives, had begun a traffic with the Spaniards, and supplied them with goods of English manufacture. To pre- vent this illicit trade, the Spaniards doubled the number of ships stationed in Mexico for guarding the coast, giving them orders to board and search every English vessel found in those seas, to seize on all that carried contraband commodities, and con- fine the sailors. At length not only smugglers, but fair traders were searched and detained, so that all commerce in those seas was entirely obstructed. The British merchants complained to the ministry of depredations committed, and damages sustained; which produced one remonstrance after another to the Spanish court ; all which were answered only by evasive promises and delays. The Spaniards flattered 4h-British minister, by telling him, they wouM inquire\nto the occasion of suchr grievances, aiid settle all differences by way of negotiation. Sir Robert Walpole, fond of pacific measures, arid trust- ing to such proposals of accommodation, for several years suffered the grievances of the merchants ti> remain unredressed, and the trade of the nation to suffer great losses. In the year 1 738, Samuel Horsley was appointed governor of South Carolina, but he dying before he left England, the charge of the province devolved on William Bull, a man of good natural abilities, and well acquainted with the state of the province. The garrison at Augustine having receired a consi- derable reinforcement, it became the business of the people of Carolina, as well as those of Georgia, to watch the motions of their neighbours. As the Spa- niards pretended a right to that province, they were pouring in troops into Augustine, which gave the British colonists some reason to apprehend they had resolved to assert their right by force of arms. William Bull dispatched advice to England of the growing power of Spain in East Florida, and at the same time acquainted the trustees, that such prepa- rations were making there as evidently portended approaching hostilities. The British ministers were well acquainted with the state of Carolina, from a late representation transmitted by its provincial le- gislature. The trustees for Georgia presented a me- morial to the king, giving an account of the Spanish preparations, and the feeble and defenceless condi- tion of Georgia, and imploring assistance. In con- sequence of which, a regiment of 600 effective men was ordered to be raised, with a view of sendiu- them to Georgia. And James Oglethorpe being ap" pointed major-general of all the forces of the two provinces, had the command of this regiment. About the middle of the same year, the Hector, and Blandford ships of war sailed, to convoy the transports which carried General Oglethorpe and his regiment to that province. Forty supernumeraries followed the general to supply the place of such officers or soldiers as might suffer by the change of the climate. Upon the arrival of this regiment, the people of Carolina and Georgia testified their grate- ful sense of his majesty's paternal care in the strong- est terms. The Georgians, who had been for some time harassed with frequent alarms, now found themselves happily relieved, and placed in such cir- cumstances as enabled them to bid defiance to the Spanish power. Parties of the regiment were sent to the different garrisons, and the expense the trus- tees had formerly been at in maintaining them of course ceased. The general held his head-quarters at Frederica, but raised forts on some other islands lying nearer the Spaniards, particularly in Cumber- land and Jekyl islands, in which he also kept gar- risons to watch the motions of his enemies. While these hostile preparations were going on, it behoved General Oglethorpe to cultivate the firm- est friendship with the Indian nations, that they might be ready on every emergency to assist him. During his absence the Spaniards had made several attempts to seduce the Creeks, who were much at- tached to Oglethorpe by telling them he was at Au- gustine, and promised them large presents in case they would pay him a visit at that place. Accord- ingly some of their leaders went down there, but cot UNITED STATES. 971 finding him, they were highly offended, and resolved immediately to return to their nation. The Spanish governor, in order to cover the? fraud, or probably with a design of conveying those leaders out of the way, that they might the more easily corrupt their nation, told them that the general lay sick on board of a ship in the harbour, where he would be ex- tremely glad to see them; but the savages were sus- picious of some evil design, and refused to go, and even rejected their presents and offers of alliance. When they returned to their nation, they found an invitation from General Oglethorpe to all the chief- tains to meet him at Frederica, which plainly dis- covered to them the insidious designs of the Spa- niards, and helped not a little to increase his power and influence among them. A number of their chief warriors immediately set out to meet him at the place appointed, where the general thanked them for their fidelity, made them many valuable presents, and renewed the treaty of friendship and alliance with them. At this congress the Creeks seemed better satisfied than usual, and agreed to march 1000 men to the general's assistance whenever he should demand them, and invited him up to see their towns. But as he was then busy, he excused him- self, by promising to visit them next summer, and accordingly dismissed them no less pleased with his kindness, than incensed against the Spaniards for their falsehood and deceit. By this time England had resolved to maintain the right of the territories in Georgia, together with the freedom of commerce and navigation in the Mexican seas. The pacific system of Sir Robert Walpole had drawn upon him the displeasure of the nation, particularly of the mercantile part ; and that amazing power and authority he had long maintained began to decline. The spirit of the nation was roused, insomuch that the administration could no longer connive at the depredations and cruelties of Spain. Instructions were sent to the British am- bassador at the court of Madrid, to demand in the most absolute terms a compensation for the injuries of trade, which upon calculation amounted to 200,000*. sterling ; and at the same time a squadron of ten ships of the line, under the command of Admiral Haddock, were sent to the Mediterranean sea. This produced an order from the Spanish court to their ambassador, to allow the accounts of the British merchants, upon condition that the Spanish demand on the South Sea Company be deducted: and that Oglethorpe be recalled from Georgia, and no more employed in that quarter, as he had there made great encroachments on his Catholic majesty's do- minions. These conditions were received at the court of Britain with that indignation which might have been expected from an injured and incensed nation. lu answer to which the Spanish ambassa- dor was given to understand, that the king of Great Britain was determined never to relinquish his right to a single foot of land in the province of Georgia; and that he must allow his subjects to make repri- sals, since satisfaction for their losses in trade could in no other way be obtained ; and in this unsettled situation matters remained for a time. In the meanwhile preparations were making both in Georgia and Florida, by raising fortifications on the. borders of the two provinces, to hold each other at defiance. The British soldiers finding themselves subjected to a number of hardships in Georgia, to which they had not been accustomed in Britain, se- veral of them were discontented and ungovernable. At length a plot was discovered in the camp for as- sassinating their general. Two companies of the regiment had been drawn from Gibraltar, some of whom could speak the Spanish language. While stationed on Cumberland island, the Spanish out- posts on the other side could approach so near as to converse with the British soldiers, one of whom had even been in the Spanish service, and not only un- derstood their language, but also had so much of a Roman Catholic spirit as to harbour an aversion to Protestant heretics. The Spaniards had found means to corrupt this villain, who debauched the minds of several of his neighbours, insomuch that they united and formed a design first to murder General Ogle- thorpe, and then make their escape to Augustine. Accordingly, on a certain day a number of soldiers under arms came up to the general, and made som extraordinary demands ; which being refused, they instantly set up a shout, and one of them discharged his piece at him ; and being only at the distance of a few paces, the ball whizzed over his shoulder, but the powder singed his clothes, and burnt his face. Another presented his piece, which flashed in the pan; a third drew his hanger, and attempted to stab him, but the general parrying it off, an officer standing by ran the ruffian through the body, and killed him on the spot. Upon which the mutineers fled, but were caught and laid in 'irons. A court- martial was called to try the ringleaders of this des- perate conspiracy, some of whom were found guilty, and were shot. Nor was this the only concealed effort of Spanish policy ; another of a more dangerous nature soon followed in Carolina, which might have been at- tended with much more bloody and fatal effects. At this time there were above 40,000 negroes in the province, a fierce and strong race, whose constitu- tions were adapted to the warm climate, whose nerves were braced with constant labour, and who could not be expected to be contented with the oppression, under which they groaned. For a long time liberty and protection had been promised to them by the Spaniards at Augustine, and at different times Spa- nish emissaries had been found secretly tampering with them, and persuading them to fly from slavery to Florida, and several had made their escape to that settlement. Of these negro-refugees the gover- nor of Florida had formed a regiment, appointing officers from among themselves, allowing them the same pay and clothing as the regular Spanish sol diers. The most sensible part of the slaves in Ca- rolina were not ignorant of this Spanish regiment, for whenever they ran away from their masters, they constantly directed their course to this quarter. To no place could negro serjeauts be sent for enlist- ing men where they could have a better prospect of success. Two Spaniards were caught in Georgia, and committed to gaol for enticing slaves to leave Carolina and join this regiment ; and five negroes, who were cattle-hunters at Indian Land, some of whom belonged to Captain M'Pherson, after wound- ing his son. and killing another man, made their escape. Several more attempting to get away were taken, tried, and hanged at Charlestown. While Carolina was kept in a state of constant fear and agitation from this quarter, an insurrec- tion openly broke out in the heart of the settlement, which alarmed the whole province. A number of negroes having assembled together at Scono, first surprised and killed two young men in a warehouse, and then plundered it of guns and ammunition. Being thus provided with arms, they elected one of their number captain, and agreed to follow him 972 THE HISTORY OF AMERICA. inarching towards the south-west with colours flying and drums beating, like a disciplined company. They forcibly entered the house of Mr. Godfrey, and having murdered him, his wife, and children, they took all the arms he had in it, set fire to the house, and then proceeded towards Jacksonburgh. In their way they plundered and burnt every house, among which were those of Sacheveral, Nash, and Spry, killing every white person they found in them, and compelling the negroes to join them. Goveinor Bull returning to Charlestown from the southward, met them, and observing them armed, quickly rode out of their way. He spread the alarm, which soon reached the Presbyterian church at Wiltown, where Archibald Stobo was preaching to a numerous con- gregation of planters in that quarter. By a law of the province all planters were obliged to carry their arms to church, which at this critical juncture proved a very useful and necessary regulation. The women were left in church trembling with fear, while the militia, under the command of Captain Bee, marched In quest of the negroes, who by this time had become formidable from the number that joined them. They had marched above twelve miles, and spread deso- lation through all the plantations in their way. Having found rum in some houses, and drank freely of it, they halted in an open field, and began to sing and dance, by way of triumph ; but during these ill-timed rejoicings the militia discovered them, anc stationed themselves in different places around them to prevent them from making their escape. The intoxication of several of the slaves favoured the as- sailants. One party advanced into the open field and attacked them, and, having killed some negroes the remainder took to the woods, and were dispersed Many ran back to their plantations, in hopes of es caping suspicion from the absence of their masters but the greater part were taken and tried ; and such as had been compelled to join them contrary to thei inclination were pardoned, but all the chosen leaders and first insurgents suffered death. All Carolina was struck with terror by this insur rection, in which above twenty persons were mur dered ; and to which, if it had become general, th whole colony must have fallen a sacrifice. It wa commonly believed, and not without reason, that th Spaniards were deeply concerned in promoting th mischief, and by their secret influence and intrigue with slaves, had instigated them to this rising Having already four companies of negroes in thei service, by penetrating into Carolina, and puttin; the province into confusion, they might no doub have raised many more. But, to prevent furthe attempts, Governor Bull sent an express to Genera Oglethorpe, with advice of the insurrection, desirin him to double his vigilance in Georgia, and seize a' straggling Spaniards and negroes : in consequenc of which a proclamation was issued to stop all slave found in that province, offering a reward for ever one they might catch attempting to escape. At th same time a company of rangers were employed t patrol the frontiers, and block up all the passage by which they might enter Florida. In the mean time matters were hastening to rupture in Europe, and a war between England an Spain was thought unavoidable. The plenipoten tiaries appointed for settling the boundaries betwee Georgia and Florida, and other differences and mi understandings subsisting between the two crown had met at Pardo in convention, where preliminar articles were drawn up ; but the conference ended the satisfaction of neither uarty. Indeed the pr osal of a negotiation, and the appointment of pie - ipotentiaries, gave universal offence to the people : Britain. The merchants had lost all patience nder their sufferings, and became clamorous for tters- of reprisal, which at length they obtained, ublic credit arose, and forwarded hostile prepara- ons. All officers of the navy and army weie or- ered to) their stations, and with the unanimous oice ofthe nation war was declared against Spain n th/23rd of October, 1739. While Admiral Vernon was sent to take the com- mand of a squadron in the West India station, with rders to act offensively against the Spanish do- minions in that quarter, to divide their force, Gene- al Oglethorpe was ordered also to annoy the sub- sets of Spain in Florida, by every method in his ower. In consequence of which, the general im- mediately projected an expedition against the Spa- lish settlement at Augustine. He communicated lis design by letter to Lieutenant-Governor Bull, equesting the support of Carolina. Mr. Bull laid lis letter before the provincial assembly, recom- mending to them to raise a regiment, and give him ill possible assistance in an enterprise of such in- cresting consequence. The assembly, sensible of he vast advantages that must accrue to them from jetting rid of such troublesome neighbours, resolved ,hat so soon as the general should communicate to them his plan of operations, together with a state of the assistance requisite, at the same time making it appear that there was a probability of success, ;hey would most cheerfully assist him. The Caro- "ineans, however, were apprehensive, that as that arrison had proved such a painful thorn in their side in time of peace, they would have more to dread from it in time of war ; and although the colony had been much distressed by the small-pox and the yellow fever for two years past, which had cut off the hopes of many flourishing families ; the people, nevertheless, lent a very favourable ear to the proposal, and earnestly wished to give all the assist- ance in their power towards dislodging an enemy so malicious and cruel. In the mean time, General Oglethorpe was indus- trious in picking up all the intelligence he could respecting the situation and strength of the garri- son, and finding it in great straits for want of pro- visions, he urged the speedy execution of his project, with a view to surprise his enemy before a supply should arrive. To concert measures with the greater secrecy and expedition, he went to Charlestown himself, and laid before the legislature of Carolina an estimate of the force, arms, ammunition, and provisions, which he judged might be requisite for the expedition ; and in consequence, the assem- bly voted 1 20,000/. Carolina money, for the service of the war. A regiment, consisting of 400 men, was raised, partly in Virginia and partly in North and South Carolina, with the greatest expedition, and the command was given to Colonel Vanderdus- sen. Indians were sent for from the different tribes in alliance with Britain. Vincent Price, com- mander of the ships of war on that station, agreed to assist with a naval force consisting of four ships of twenty guns each, and two sloops, which proved a great encouragement to the Carolineans, and induced them to enter with double vigour on mili- tary preparations. General Oglethorpe appointed the mouth of St. John's river, on the Florida shore, for the place of rendezvous, and having finished hi preparations in Carolina, set out for Georgia to join his regiment, and make all ready for the expedition UNITED STATES. 973 On the 9th of May 1740, the general passed over to Florida with 400 select men of his regiment, and a considerable party of Indians ; and on the day following invested Diego, a small fort about '25 miles from Augustine, which after a short resistance surrendered by capitulation. In this fort he left a garrison of GO men, under the command of Lieu- tenant Dunbar, and returned to the place of gene- ral rendezvous, where he was joined by Colonel Vanderdussen, with the Carolina regiment and a company of Highlanders, under the command of Captain M'Intosh. But by this time six Spanish half-galleys, with long brass nine pounders, and two sloops loaded with provisions, had got into the harbour at Augustine ; and a few days afterwards, the general marched with his whole force, consisting of above 2000 men, regulars, provincials, and In- dians, to Fort Moosa, situated within two miles of Augustine, which on his approach the Spanish gar- rison evacuated, and retired into the town. He im- mediately ordered the gates of this fort to be burnt, three breaches to be made in its walls, and then proceeded to reconnoitre the town and castle. Notwithstanding the dispatch of the British army, the Spaniards, during their stay at Fort Diego, had collected all the cattle in the woods around them, and driven them into the town ; and the general found, both from a view of the works and the intel- ligence he "had received from prisoners, that more difficulty would attend this enterprise than he at first expected. Indeed, if he intended a surprise, he ought not to have stopped at Fort Diego, for by that delay the enemy had notice of his approach, and time to gather their whole force, and put them- selves in a posture of 'defence. The castle was built of soft stone, with four bastions ; the curtain was 60 yards in length, the parapet nine feet thick ; the rampart twenty feet high, casemated underneath for lodgings, arched over, and newly made bomb- proof. Fifty pieces of cannon were mounted, several of which were 24-pounders. Besides the castle, the town was intrenched with ten salient angles, on each of which some small cannon were mounted. The garrison consisted of 700 regulars, two troops of horse, four companies of armed negroes, besides the militia of the province, and Indians. The general now plainly perceived that an attack by land upon the town, and an attempt to take the castle by storm, would cost him too much, and therefore changed his plan of operations. With the assistance of the ships of war, which were now lying at anchor off Augustine-bar, he resolved to turn the siege into a blockade, and try to shut up every channel by which provisions could be con- veyed to the garrison. For this purpose he left Colonel Palmer with 95 Highlanders and 42 Indians at Fort Moosa, with orders to scour the woods around the town, and intercept all supplies of cattle from the country by land ; and, for the safety of his men, he at the same time ordered him to encamp every night in a different place, to keep strict watch around his camp, and by all means avoid coming to any ac- tion. This small party was the whole force the general left for guarding the land side. He then sent Colonel Vanderdussen with the Carolina regi- ment over a small creek, to take possession of a neck of land called Point Quartel, above a mile dis- tant from the castle, with orders to erect a battery upon it ; while he himself, with his regiment, and the greatest part of the Indians, embarked in boats, and landed on the island of Anastatia. In this island the Spaniards had a small party of men sta- tioned for a guard, who immediately fled, and as it lay opposite to the castle from this place, the gene- ral resolved to bombard the town. Captain Pierce stationed one of his ships to guard the passage by way of the Motanzas, and with the others blocked up the mouth of the harbour, so that the Spaniards were cut off from all supplies by sea. On the island of Anastatia batteries were soon erected, and several cannon mounted by the assistance of the active and enterprising sailors. Having made these disposi- tions, General Oglethorpe then summoned the Spa- nish governor to a surrender ; but the haughty Spa- niard, secure in his strong hold, sent him for answer, that he would be glad to shake hands with him in his castle. The opportunity of surprising the place being now lost, the English general had no other methofl left but to attack it at a distance : for which purpose he opened his batteries against the castle, and at the same time threw a number of shells into the town. The fire was returned with equal spirit both from the Spanish fort and from six haif-galleys in the harbour, but so great was the distance, that though they continued the cannonade for several days, little execution was done on either side. Captain Warren, a brave naval officer, perceiving that all efforts in this way for demolishing the castle were ineffectual, proposed to destroy the Spanish galleys in the har- bour by an attack in the night, and offered to go himself and head the attempt. A council of war wag held to consider of and concert a plan for that ser- vice ; but upon sounding the bar, it was found it would admit no large ship to the attack, and with small ones it was judged rash and impracticable, the galleys being covered by the cannon of the castle, and therefore that design was dropt. In the mean time, the Spanish commander ob- serving the besiegers embarrassed, and their opera- tions beginning to relax, sent out a detachment of 300 men against Colonel Palmer, who surprised him at Fort Moosa, and while most of his party lay asleep, cut them almost entirely to pieces. A few that accidentally escaped went over in a small boat to the Carolina regiment at Point Quartel. Some of the Chickesaw Indians coming from that fort having met with a Spaniard, cut off his head, agree- ably to their savage manner of waging war, and presented it to the general in his camp : but he re- jected it with abhorrence, denouncing them as bar- barous, and bidding them begone. At this disdainful behaviour, however, the Chickesaws were offended, declaring, that if they had carried the head of an Englishman to the French, they would not have treated them so : and perhaps the general discovered more humanity than good policy by it, for those Indians, who knew none of the European customs and refinements in war, soon after deserted him. About the same time the vessel stationed at the Metanzas being ordered off, some small ships from the Havannah with provisions, and a reinforcement of men, got into Augustine by that narrow channei, to the relief of the garrison. A party of Creeks having surprised one of their small boats, brought four Spanish prisoners to the general, who informed him that the garrison had received 700 men and a large supply of provisions ; by which, all prospects of starving the enemy being lost, the army began to despair of forcing the place to surrender; and the Carolinean troops, enfeebled by the heat, dis- pirited by sickness, and fatigued by fruitless efforts, marched away in large bodies. The navy being short of provisions, and the usual season of hurri- 974 THE HISTORY OF AMERICA. canes approaching, the commander judged it im- prudent to hazard the ships by remaining longer on that coast; and last of all, the general himself, sick of a fever, and his regiment worn out with fatigue, and rendered unfit for action by a flux, with sjofrow and regret followed, and reached Frederica about the 10th of July 1740. Thus ended the unsuccessful expedition against Augustine, to the great disappointment of both Georgia and Carolina. Many reflections were after- wards thrown out against General Oglethorpe for his conduct during the whole enterprise ; and per- haps the only chance of success he had from the beginning was by surprising this garrison by some sudden attempt. He was blamed for remaining so long at Fort Diego, by which means the enemy had full intelligence of his approach, and time to pre- pare for receiving him. He was charged with timi- dity afterwards, in making no bold attempt on the town. He indeed used great caution to save his men, for excepting those who fell by the sword in Fort Moosa, he lost more men by sickness than by the hands of the enemy. Though the disaster of Colonel Palmer, in which many brave Highlanders were massacred, was perhaps occasioned chiefly by want of vigilance and a disobedience of orders ; yet many were of opinion that it was too hazardous to have left so small a party on the main land, exposed to sallies from a superior enemy, and entirely cut off from all possibility of support and assistance from the main body. The general, on the other hand, declared he had no confidence in the firmness and courage of the provincials ; for that they re- fused obedience to his orders, and at last abandonee his camp, and retreated. The truth was, the place was so strongly fortified both by nature and art, tha 1 probably the attempt must have failed, though il had been conducted by the ablest officer, and exe cuted by the best disciplined troops. The miscar riage, however, was particularly ruinous to Carolina having not only subjected the province to a grea expense, but also left it in a worse situation than i was previous to the attempt. The same year stands distinguished in the annal; of Carolina, not only for this unsuccessful expedition against the Spaniards, but also for a desolating con flagration, which in November following broke ou in the capital, and laid half of it in ruins. Thi fire began about two o'clock in the afternoon, an< burnt with unquenchable violence until eight a night; and the houses being built of wood, an< the wind blowing hard at north-west, the flame spread with astonishing rapidity. From Broad-street where the fire kindled, to Granville's Bastion, almos every house was at one time in flames, and the vas quantities of deer-skins, rum, pitch, tar, turpentine and powder in the different stores, very much in creased it. Amidst the cries and shrieks of women and children, and the bursting forth of flames i different quarters, occasioned by the violent wind which carried the burning shingles to a great dis tance, the men were put into confusion, and s anxious were they about the safety of their families that they could not be prevailed upon to unite thei efforts for extinguishing the fire. The sailors from the men of war, and ships in the harbour were th most active and adventurous hands engaged in th service. But such was the violence of the flame that it baffled all the art and power of man, an burnt until the calmness of the evening closed th dreadful scene. Three hundred of the best and mos convenient buildings in the town were consumet hich, together with loss of goods, and provincial nnmodities, amounted to a prodigious sum. Hap- ily few lives were lost, but the lamentations of uined families were heard in every quarter. In lort, from a flourishing condition the town was re- uced in the space of six hours to the lowest and lost deplorable state ; and all those inhabitants whose ouses/escaped the flames, went round and kindly ivrted their unfortunate neighbours to them, so that wo and three families were lodged in places built nly for the accommodation of one. After the le- islature met, to take the miserable state of the eople under consideration, they agreed to make pplication to England for relief; and the British arliament voted 20,OOOJ. sterling to be distributed mong the sufferers at Charlestown. While the war between Great Britain and Spain ontinued, a bill was brought into parliament to pre- ent the exportation of rice, among other articles of revision, to France or Spain, with a view to distress bese enemies as much as possible. In consequence f which, a representation to the following effect, in ehalf of the province of Carolina, and the mer- hants concerned in that trade, was presented to the touse of commons : " The inhabitants of South Ca- olina have not any manufactures of their own, but re supplied from Great Britain with all their cloth- ng, and the other manufactures by them consumed, o the amount of 150,000/. sterling a-year. The jnly commodity of consequence produced in South Carolina is rice, and they reckon it as much their taple commodity as sugar is to Barbadoes and Ja- maica, or tobacco to Virginia and Maryland; so hat if any stop be put to the exportation of rice rom South Carolina to Europe, it will not only render the planters there incapable of paying their debts, but also reduce the government of that pro- vince to such difficulties for want of money, as at this >resent precarious time may render the whole colony an easy prey to their neighbours the Indians and Spaniards, and also to those yet more dangerous enemies their own negroes, who are ready to revolt >n the first opportunity, and are eight times as many n number as there are white men able to bear arms, and the danger in this respect is greater since the unhappy expedition to Augustine. " From the year 1729, when his majesty pur- chased South Carolina, the trade of it hath so in- creased, that their annual exports and imports of ate have been double the value of what they were n the said year ; and their exports of rice in parti- cular have increased in a greater proportion: for, from the year 1720 to 1729, being ten years, both in- cluded, the whole export of rice was 264,488 barrels, making 44,081 tons. From the year 1730 to 1739, being also ten years, the whole export of rice was 499,525 barrels, making 99,905 tons ; so that the export of the latter ten years exceeded the former by 235,037 barrels, or 55,824 tons: and of the vast quantities of rice thus exported, scarcely one-fifteenth part is consumed either in Great Britain or in any part of the British dominions; so that the produce of the other fourteen parts is clear gain to the na- tion ; whereas almost all the sugar, and one-fourth part of the tobacco, exported from the British colo- nies, are consumed by the people of Great Britain, or by British subjects ; from whence it is evident, that the national gain arising from rice is several times as great in proportion, as the national gain arising from either sugar or tobacco. " This year, viz. 1740, in particular, we shall ex- port from South Carolina above 90,000 barrels of UNITED STATES. 975 rice, of which quantity there will not be 3000 barrels used here, so that the clear national gain upon that export will be very great; for at the lowest compu- tation, of 25s. sterling per barrel, the 87,000 barrels exported will amount, in value to 108,750Z. at the first hand ; whereto there must be added the charge of freight, &c. from South Carolina to Europe, which amount to more than the first cost of the rice, and are also gain to Great Britain ; so that the least gain upon this article for the present year will be 220,000/., over and above the naval advantage of annu- ally employing more than 160 ships, of 100 tons each. " Rice being an enumerated commodity, it can- not be exported from South Carolina without giving bond for double the value that the same shall be landed in Great Britain, or in some of the British plantations, excepting to the southward of Cape Finisterre, which last was permitted by a law made in the 'year 1729; and the motive for such permis- sion was, that the rice might arrive more sea- sonably, and in better condition at market. We have hereunto added an account of the several quan- tities of rice which have been exported from South Carolina to the different European markets since the said law was made; and it will thereby appear, that we have not in those ten years been able to find sale for any considerable quantity of rice in Spain ; for in all that time we have not sold above 3570 barrels to the Spaniards, making only 357 barrels annually upon a medium ; nor can we in the time to come expect any alteration in favour of our rice trade there, because the Spaniards are supplied with an inferior sort of rice from Turkey, &c. equally agreeable to them, and a great deal cheaper than ours, the truth whereof appears by the rice taken in a ship called the Baltic Merchant, and carried into St. Sebastians, where it was sold at a price so much under the market rate here, or in Holland 5 as to encourage the sending of it thence to Holland and Hamburgh. " In France the importation of Carolina rice without licence is prohibited; and though during the last and present years there hath, by permission, been some consumption of it there, yet the whole did not exceed 9000 barrels, and they have received from Turkey so much rice of the present year's growth, as to make that commodity five shillings per lOOlb. cheaper at Marseilles than here, and even at Dunkirk it is one shilling and sixpence per 100If. cheaper than here; so that there is not any prospect of a demand for Carolina rice in France, even if liberty could be obtained for sending the same to any port of that kingdom. " Germany and Holland are the countries where we find the best market for our rice, and there the greater part of it is consumed ; so that the present intended embargo, or prohibitory law, cannot have any other effect, in relation to rice, than that of preventing our allies from using what our enemies do not want, nor we ourselves consume more than a twentieth part of, and which is of so perishable a nature, that even in a cold climate it doth not keep above a year without decaying, and in a warm cli- mate it perishes entirely. The great consumption of rice in Germany and Holland is during the winter season, when peas and all kinds of pulse, &c. are scarce; and the rice intended for those markets ought to be brought there before the frost begins, time enough to be carried up the rivers ; so that preventing the exportation only a few days may be attended with this bad consequence, that by the frost the winter sale may be lost. " And as we have now, viz. since November llth, above 10,000 barrels of old rice arrived, so we may in a few weeks expect double that quantity, besides the new crop now shipping off from Carolina ; the stopping of all which, in a country where there is not any sale for it, instead of permitting the same to be carried to the only places of consumption, must soon reduce the price thereof to so low a rate, that the merchants who have purchased that rice will not be able to sell it for the prime cost, much less will they be able to recover the money they have paid for duty, freight, and other charges thereon, which amount to double the first cost : for the rice that 1001. sterling will purchase in South Carolina, costs the importer 2001. more in British duties, freight, and other charges. " Thus it appears, that by prohibiting the expor . tation of rice from this kingdom, the merchants who have purchased the vast quantities before mentioned will not only lose the money it cost them, but twice as much more in duties, freight, and other charges, by their having a perishable commodity embargoed in a country where it is not used. Or if, instead of laying the prohibition here, it be laid in South Ca- rolina; that province, the planters there, and the merchants who deal with them, must all be involved in ruin ; the province, for want of means to support the expense of government; the planters, for want of the means to pay their debts and provide future supplies; and the merchants, by not only losing those debts, but twice as much more in the freight, duties, and other charges upon rice which they can- not sell. So that, in either case, a very profitable colony, and the merchants concerned in the trade of it, would be ruined for the present, if not totally lost to this kingdom, by prohibiting the exportation of rice; and all this without doing any national good in another way, for such prohibition could not in any shape distress our enemies. It is therefore humbly hoped, that rice will be excepted out of the bill now before the honourable house of commons." As this representation contains a distinct account of the produce and trade of the province, and shows its usefulness and importance to Great Britain, we judged it worthy of the particular attention of our readers, and therefore have inserted it. The following is an account of the rice exported in the first ten years, after the province was pur- chased for the king : Barrels. To Portugal 83,379 To Gibraltar 958 To Spain 3,570 To France 9,500 To Great Britain, Ireland, and the Bri- tish plantations 30,000 To Holland, Hamburgh, and Bremen, including 7000 barrels to Sweden and Denmark 372,118 Total quantity exported in the ten years 499,525 About this time James Glen received a commis- sion from his majesty, investing him with the go- vernment of South Carolina, and at the same time was appointed colonel of a new regiment of foot, to be raised in the province. He was a man of consi- derable knowledge, and of very courteous manners; but exceedingly fond of military parade, which com- monly has great force on ordinary minds, and by these means he maintained his dignity and impor- tance in the eyes of the people. His council, con- sisting of twelve men, were appointed also by tb THE HISTORY OF AMERICA. king, under his sign manual ; and the assembly of representatives consisted of 44 members, and were elected every third year by the freeholders of sixteen parishes. The court of chancery was composed of the governor and council, to which court belonged a master of chancery and a register. There was also a court of vice-admiralty, the judge, register and marshal of which were appointed by the lords com- missioners of the admiralty in England. The court of King's Bench consisted of a chief-justice ap- pointed by the king, who sat with some assistant justices of the province ; and the same judges con- stituted the court of Common Pleas. There were likewise an attorney-general, a clerk, and provost- marshal. The secretary of the province, who was also register, the surveyor-general of the lands, and the receiver-general of the quit-rents were all ap- pointed by the crown. The comptroller of the cus- toms, and three collectors, at the ports of Charles- towu, Port-royal, and George-town, were appointed by the commissioners of the customs in England. The provincial treasurer was appointed by the gene- ral assembly. The clergy were elected by the free- holders of the parish. All justices of the peace, and otiirers of the militia, were appointed by the gover- nor in council. Such at this time was the nature of the provincial government and constitution. About the same time John, Lord Carteret (then earl of Granville,) applied by petition to his majesty, praying that the eighth part of the lands and soil granted by King Charles, and reserved to him by the act of parliament establishing an agreement with the other seven lords proprietors for the sur- render of their title and interest to his majesty, might be set apart and allotted to him and his heirs for ever, and proposing to appoint persons to divide the same ; at the same time offering to resign to the king his share of, and interest in the government, and to release and confirm to his majesty, and his heirs, the other seven parts of the province. This petition being referred to the lords commissioners of trade and plantations, they reported, that it would be for his majesty's service that Lord Carteret's pro- perty should be separated from that of his majesty, and that the method proposed by his lordship would be the most proper and effectual for the purpose. Accordingly five commissioners were appointed on the part of the king, and five on that of Lord Car- teret, for separating his lordship's share, and mak- ing it one entire district by itself. The territory allotted him was divided on the north-east by the line which separated North Carolina from Virginia; on the east by the Atlantic ocean ; on the south by a point on the sea-shore, in latitude 35 degrees and 34 minutes ; and, agreeable to the charter, westward from these points on the sea-shore it extended, in a line parallel to the boundary line of Virginia, to the Pacific Ocean. Not long afterwards, a grant of the eighth part of Carolina, together with all yearly rents and profits arising from it, passed the great seal, to John, Lord Carteret and his heirs. But the power of making laws, calling and holding assem- blies, erecting courts of justice, appointing judges and justices, pardoning criminals, granting titles of honour, making ports and havens, taking customs .or duties on goods, executing the martial law, exer- cising the royal rights of a county Palatine, or any other prerogatives relating to the administrations of government, were all excepted out of the grant. Lord Carteret was to hold this estate upon condition of yielding and paying to his majesty, and his heirs and successors, the annual rent of II. 13*. 4d., on the feast of All Saints, for ever, and also one-fourth :>art of all the gold and silver ore found within thia jighth part of the territory so separated and granted lira. As Carolina abounds with navigable rivers, while t enjoys many advantages for commerce and trade, t is also much exposed to foreign invasions. The tide on that coast flows from six to ten feet perpen- dicular, and makes its way up into the Hat country ay a variety of channels. 'All vessels that draw no't above seventeen feet water, may safely pass over the jar of Charlestown, which at spring-tides will admit ships that draw eighteen feet. This bar lies in 32 degrees and 40 minutes north latitude, and 78 de- rees and 45 minutes west longitude from London. Its situation is variable, owing to a sandy foundation and the rapid flux and reflux of the sea. The channel leading to George-town is twelve or thirteenJeetdeep, and likewise those of North and South Edisto rivers, and will admit all ships that draw not above ten or eleven feet of water. At Stono there is also a large creek, which admits vessels of the same draught of waler; but Sewee and Sautee rivers, and many others of less note, are for smaller craft, which draw seven, eight, or nine feet. The channel up to Port- royal harbour is deep enough for the largest ships hat sail on the sea ; and the whole royal navy of England might ride with safety in it ; and it is ad- mirably ordained for trade and commerce. Several leagues to the southward of Port-royal, Savanna river empties itself into the ocean, which is also navigable for ships that draw not above four- teen feet water. At the southern boundary of Georgia the great river Alatamaha falls into the Atlantic sea, about sixteen leagues north-east of Augustine, which lies in 29 degrees 50 minutes. This river admits ships of large burden as far as Frederica, a small town built by General Oglethorpe, on an eminence in Simon's island. The island on the west end is washed by a branch of the river Alatamaha, before it empties itself into the sea at Jekyl sound. At Frederica the river forms a kind of bay. The fort General Oglethorpe erected here for the defence of Georgia had several eighteen-pounders mouu ted on it, and commanded the river both upwards and down- wards. It was built with four bastions, surrounded by a quadrangular rampart, and a palisadoed ditch, which included also the king's stores, and two large buildings of brick and timber. The town was sur- rounded with a rampart, in the form of a pentagon, with flankers of the same thickness with that at the fort, and a dry ditch. On this rampart several pieces of ordnance were also mounted. In this situation General Oglethorpe had pitched his camp, which was divided into streets, distinguished by the names of the several captains of his regiment. Their little huts were built of wood, and constructed for holding each four or five men. At some distance from Fre- derica was the colony of Highlanders, situated on the same river, a wild and intrepid race, living in a state of rural freedom and independence. Their settlement being near the frontiers, afforded them abundance of scope for the exercise of their warlike temper ; and having received one severe blow from the garrison at Augustine, they seemed to long for an opportunity of revenging the massacre of their friends. The time was fast approaching for giving them what they desired. For although the territory granted by the second charter to the proprietors at Carolina extended far to the south-west of the river Alatamaha, the Spaniards had never relinquished UNITED STATES their pretended claim to the province of Georgia Their ambassador at the British court had even de clared that his Catholic majesty would as soon pan with Madrid as his claim *to that territory. The squadron commanded by Admiral Vernon had foi some time occupied their attention in the West In dies so much, that they could spare none of tbei forces to maintain their supposed right ; but n< sooner had the greatest part of the British fleet lef those seas, and returned to England, than they im- mediately turned their eyes to Georgia, and began to make preparations for dislodging the English set- tlers in that province. Finding that threats coulc not terrify General Oglethorpe to a compliance with their demands, an armament was prepared at the Havanna to go against him, and expel him by force of arms from their frontiers. With this view 2000 forces, commanded by Don Antonio de Rodondc embarked at the Havanna, under the convoy of a strong squadron, and arrived at Augustine in May 1742. But before this formidable fleet and armament hac reached Augustine, they were observed by Captain Haymer, of the Flamborough man-of-war, who was cruising on that coast ; and advice was immediately sent to General Oglethorpe of their arrival in Flo- rida. Georgia now began to tremble in her turn. The general sent intelligence to Governor Glen at Carolina, requesting him to collect all the forces he could with the greatest expedition, and send them to his assistance ; and at the same time to dispatch a sloop to the West Indies, to acquaint Admiral Vernon with the intended invasion. Carolina by this time had found great advantage from the settlement of Georgia, which had proved an excellent barrier to that province, against the incursions of Spaniards and Spanish Indians. The southern parts being rendered secure by the regi- ment of General Oglethorpe in Georgia, the lands backward of Port-royal had become much in demand, and rose to four times their former value. But though the Carolineans were equally interested with their neighbours in the defence of Georgia, having little confidence in General Oglethorpe's military abilities, since his unsuccessful expedition against Augustine ; the planters, struck with terror, especially those on the southern parts, deserted their habitations, and flocked to Charlestown with their families and effects. Many of the inhabitants of Charlestown, being prejudiced against the general, declared against sending him any assistance, and determined rather to fortify their town, and stand upon their own grounds in a posture of defence. In the mean time General Oglethorpe was making all possible preparations at Frederica for a vigorous defence. Message after message was sent to his Indian allies, who were greatly attached to him, and crowded to his camp. A company of High- landers joined him on the first notice, and seemed joyful at the opportunity of retorting Spanish ven- geance on their own heads. With his regiment and a few rangers, Highlanders, and Indians, the gene- ral fixed his head-quarters at Frederica, never doubt- ing a reinforcement from Carolina, and expecting their arrival every day ; but in the mean time de- termined, in case* he should be attacked, to sell his life as dear as possible in defence of the province. About the end of June 1742, the Spanish fleet, amounting to 32 sail, and carrying above 3000 men, under the command of Don Manuel de Monteano, came to anchor off Simons's bar. Here they con- tinued for some time sounding the channel, and after HIST. OF AMER.-NOS. 123 & 124. finding a depth of water sufficient to admit their ships, they came in with the tide of flood into Jekyl sound. General Oglathorpe, who was at Simons's fort, fired at them as they passed the sound, which the Spaniards returned from their ships, and pro- ceeded up the river Alatamaha, out of the reach of his guns. There the enemy, having hoisted a red flag at the mizen top-mast head of the largest ship, landed their forces upon the island, and erected a battery, with twenty eighteen-pounders mounted on it. Among their land-forces they had a fine com- pany of artillery, under the command of Don An- tonio de Rodondo, and a regiment of negroes. The negro commanders were clothed in lace, bore the same rank with white officers, and with equal free- dom and familiarity walked and conversed with their commander and chief. Such an example might justly have alarmed Carolina. For should the enemy penetrate into that province, where there were such numbers of negroes, they would soon have acquired such a force as must have rendered all opposition fruitless and ineffectual. General Oglethorpe having found that he could not stop the progress of the enemy up the river, and judging his situation at Fort Simons too dangerous, nailed up the guns, burst the bombs and cohorns, destroyed the stores, and retreated to his head- quarters at Frederica. So great was the force of the enemy, that he resolved to act only on the de- fensive. On all sides he sent out scouting parties to watch the motions of the Spaniards, while the main body were employed in working at the fortifications, making them as strong as circumstances would admit. Day and night he kept his Indian allies ranging through the woods, to harass the outposts of the enemy, who at length brought in five Spa- nish prisoners, who informed him of their number and force, and that the govennor of Augustine was commander-in-chief of the expedition. The general, still expecting a reinforcement from Carolina, used all his address in planning measures for gaining time, and preventing the garrison from sinking into despair. For this purpose ha sent out the Highland company also to assist the Indians, and obstruct as much as possible the approach of the enemy till he should obtain assistance and relief. His provisions for the garrison were neither good nor plentiful, and his great distance from all settlements, together with the enemy keeping the command of the river, cut off entirely all prospects of a supply. To pro- long the defence, however, he concealed every dis- couraging circumstance from his little army, which, besides Indians, did not amount to more than 700 men ; and to animate them to perseverance, exposed himself to the same hardships and fatigues with the meanest soldier in his garrison. While Oglethorpe remained in this situation, the enemy made several attempts to pierce through the woods, with a view to attack the fort ; but met with such opposition from the morasses and thickets, ivhich were lined with fierce Indians and wild High- anders, that they honestly confessed that the devil limself could not pass through them to Frederica. Don Manuel de Monteano, however, had no other irospect left, and these difficulties must either be surmounted, or the design dropt; and therefore one >arty after another was sent out to explore the hickets, and to take possession of every advan- ageous post to be found in them. In two skirmishes with the Highlanders and Indians, the enemy had ne captain and two lieutenants killed, with above 00 men taken prisoners. After which the Spanish 4M 978 THE HISTORY OF AMERICA. commander changed his plan of operations, and keeping his men under cover of his cannon, pro- ceeded with some galleys up the river with the tide of flood, to reconnoitre the fort and draw the gene- ral's attention to another quarter. To this place Oglethorpe sent a party of Indians, with orders to lie in ambuscade in the woods, and endeavour to pro"ent their landing. About the same time an English prisoner escaped from the Spanish camp, and brought advice to General Oglethorpe of a dif- ference subsisting in it, in so much that the forces from Cuba, and those from Augustine encamped in separate places. Upon which the general resolved to attempt a surprise on one of the Spanish camps, and taking the advantage of his knowledge of the woods, marched out in the night with 300 chosen men, the Highland company, and some rangers. Having advanced within two miles of the enemy's camp he halted, and went forward with a small party to take a view of the posture of the enemy. But while he wanted above all things to conceal his approach, a Frenchman fired his musket, ran off, and alarmed the enemy. Upon which, Oglethorpe finding his design defeated, retreated to Frederica, and being apprehensive that the deserter would discover his weakness, began to study by what de- vice he might most effectually defeat the credit of his informations. For this purpose he wrote a letter, addressing it to the deserter, in which he desired him to acquaint the Spaniards with the defenceless state of Frederica, and how easy and practicable it would be to cut him and his small garrison to pieces. He begged him, as his spy, to bring them forward to the attack, and assure them of success ; but if he could not prevail with them to make that attempt, to use all his art and influence to persuade them to stay at least three days more at Fort. Simons, for within that time, according to the advice he had just received from Carolina, he would have a rein- forcement of 2000 land-forces, and six British ships of war, with which he doubted not he would be able to give a good account of the Spanish invaders. He entreated the deserter to urge them to stay, and above all things cautioned him against mentioning a single word of Vernou coming against Augustine, assuring him that for such services he should be amply rewarded by his Britannic majesty. This letter he gave to one of the Spanish prisoners, who for the sake of liberty and a small reward, promised to deliver it to the French deserter ; but instead of that, as Oglethorpe expected, he delivered it to the commander-in-chief of the Spanish army. Various were the speculations and conjectures which this letter occasioned in the Spanish camp, and the^coinmander, among others, was not a little perplexed what to infer from it.. In the first place he ordered the French deserter to be put in irons to prevent his escape, and then called a council of war, to consider what was most proper to be done in consequence of intelligence so puzzling and alarming. Some officers were of opinion that the letter was intended to deceive, and to prevent them from attacking Frederica ; others thought that the things mentioned in it appeared so feasible, that there were good grounds to believe the English general wished them to take place, and therefore gave their voice for consulting the safety of Augus- tine, and dropping a plan of conquest attended with so many difficulties, and which, in the issue, might perhaps hazard the loss of both army and fleet, if not of the whole province of Florida. While the Spanish leaders were employed in these delibera- tions, and much embarrassed, fortunately three ships of force which the governor of South Carolina hud sent out, appeared at some distance on the coast. This corresponding with the letter, convinced the Spanish commander of its real intent, and struck such a panic into the army, that they immediately set fire to their fort, and in great hurry and con- fusion embarked, leaving behind them several can- non, and a quantity of provisions and military stores. The wind being contrary, the English ships could not, during that day, beat up to the mouth of the river, and before next morning the invaders got past them, and escaped to Augustine. In this manner was the province of Georgia de- livered, when brought to the very brink of destruc- tion by a formidable enemy. Fifteen days had Don Manuel de Monteano been on the small island on which Frederica was situated, without gaining the smallest advantage over a handful of men, and in different skirmishes lost some of his bravest troops. What number of men Oglethorpe lost we have not been able to learn, but it must have been very in- considerable. In this resolute defence of the country he displayed both military skill and personal cou- rage, and an equal degree of praise was due to him from the Carolineans as from the Georgians. It is not improbable that the Spaniards had Carolina chiefly in thei; eye, and had meditated an attack where rich plunder could have been obtained, and where, by an accession of slaves, they might have increased their force in proportion to their progress. Never did the Carolineans make so bad a figure in defence of their country. When union, activity, and dispatch were so requisite, they ingloriously btood at a distance, and suffering private pique to prevail over public spirit, seemed determined to risk the safety of their country, rather than General Oglethorpe, by their help, should gain the smallest degree of honour and reputation. Money, indeed, they voted for the service, and at length sent some ships, but by coming so late, they proved useful rather from the fortunate co-operation of an acci- dental cause, than from the zeal and public spirit of the people. The Georgians with justice blamed their more powerful neighbours, who, by keeping at a distance in the day of danger, had almos: hazarded the loss of both provinces. Had the enern ; pursued their operations with vigour and courage, the province of Georgia must have fallen a prey t> the invaders, and Carolina had every thing to drea 1 in consequence of the conquest. Upon the retun of the Spanish troops to the Havannah, the com- mander was imprisoned, and ordered to take his trial for his conduct during this expedition, the result of which proved so shameful and ignominious to the Spanish arms. Though the enemy threatened to renew the invasion, yet we donot find that after this repulse they made any attempts by force of arms to gain possession of Georgia. The Carolineans having had little or no share of the glory gained by this brave defence, were also divided in their opinions with respect to the conduct of General Oglethorpe. While one party acknow- ledged his signal services, and poured out the highest encomiums on his wisdom and courage, another shamefully censured his conduct, and meanly de- tracted from his merit; and no one took any public notice of his services, except the inhabitants iu and about Port-royal, who presented him with a congra- tulatory address. But at the same time reports were circulating in Charlestown to his prejudice-, insomuch that botii UNITED STATES. 979 his honour and honesty were called in question Such malicious rumours had even reached London and occasioned some of his bills to return to Ame rica protested. Lieutenant-Colonel William Cook who owed his preferment to the general's particula: friendship and generosity, and who, on pretence o sickness, had left Georgia before this invasion, hac filed no less than nineteen articles of complain; against him, summoning several officers and soldiers from Georgia to prove the charge. As the genera had, in fact, stretched his credit, exhausted his strength, and risked his life for the defence of Caro- lina in its frontier colony, such a recompense must have been equally mortifying as it was unmerited The charges brought by envy and malice he might have treated with contempt ; but to vindicate him- self against the attacks of an inferior officer, he thought himself bound in honour to return to Eng- land. Soon after his arrival there, a court-martial ol general officers was called, who sat two days at the Horse Guards, and after the most mature delibera- tion, the board adjudged the charge to be false, malicious, and groundless, and reported the same to his majesty. In consequence of which, Lieutenant- Colonel Cook was dismissed from the service, and declared incapable of serving his majesty in any military capacity whatever. After this period General Oglethorpe never re turned to the province of Georgia, but upon all oc- casions discovered in England an uncommon zeal for its prosperity and improvement. From its first settlement the colony had hitherto been under a military government, executed by the general and such officers as he thought proper to nominate and appoint. But now the trustees established a kind of civil government, and committed the charge of it to a president and four assistants, who were to act by certain instructions which they should receive from them, and to be accountable to that corporation for their public conduct. William Stephens was made chief magistrate, and Thomas Jones, Henry Parker, John Fallowfield, and Samuel Mercer, were ap- pointed assistants. They were instructed to hold four general courts at Savanna every year, for re- gulating public affairs, and determining all differ- ences relating to private property. No public money could be disposed of but by a warrant under the seal of the president and major part of the assistants in council assembled, who were enjoined to send monthly accounts to England of money expended, and of the particular services to which it was ap- plied. All officers of militia were continued, for the purpose of holding musters, and keeping the men properly trained for military services ; and Ogle- thorpe's regiment "was left in the colony for its defence. By this time the trustees had transported to Geor- gia, at different times, above 1500 men, women, and children. As the colony was intended as a barrier to Carolina, by their charter the trustees were at first laid under several restraints with respect to the method of granting lands, as well as the settlers with respect to the terms of holding and disposing of them. But it was now found expedient to relieve both the former and latter from these impolitic re- strictions. Under the care of General Oglethorpe the infant province had surmounted many difficul- ties, yet still it promised a poor recompense to Britain for the vast sums of money expended for its protection. The indigent emigrants, especially those from England, baring little acquaintance with hus- bandry, and less inclination to labour, made bad settlers; and as greater privileges were allowed them on the Carolina side of the river, they were easily decoyed away to that colony. The High- landers and Germans indeed, being more frugal and industrious, succeeded better, but hitherto had made very small progress, owing partly to wars with the Spaniards, and to severe hardships attending all kinds of culture in such an unhealthy climate and woody country. The staple commodities intended to be raised in Georgia were silk and wine, which were indeed very profitable articles; but so small was the improvement made in them, that they had hitherto turned out to little account* The most in- dustrious and successful settlers could as yet scarcely provide for their families, and the unfortunate, the sick, and indolent part, remained in a destitute condition. ... .^ Soon after r the departure of General Oglethorpe, the Carolineans petitioned the king, praying that three independent companies, consisting each of 100 men, might be raised in the colonies, paid by Great Britain, and stationed in Carolina, to be en- tirely under the command of the governor and coun- cil of that province. This petition was referred to the lords of his majesty's privy-council, and a time appointed for considering whether the present state of Carolina was such as rendered this additional charge to the nation proper and necessary. Two reasons were assigned by the colonists for the ne- cessity of this military force : the first was, to pre- serve peace and security at home; the second, to protect the colony against foreign invasions. They alleged, that as the country was overstocked with negroes, such a military force was requisite to sub- ject them and prevent insurrections; and as the coast was so extensive, and the ports lay exposed to every French and Spanish plunderer that might at any time invade the province, their security against such attempts was of the highest consequence to the nation. But though they afterwards obtained some ndependent companies, the privy-council at that ;ime denied their request, declaring that it belonged ;o the provincial legislature to make proper laws for imiting the importation of negroes, and regulating and restraining them when imported ; rather than )ut the mother-country to the expense of keeping a tanding force in the province to overawe them : hat Georgia, and the Indians on the Apalachian lills, were a barrier against foreign enemies on the western frontiers ; that Fort Johnson, and the for- ifications in Charlestown, were a sufficient protec- ion for that port; besides, that as the entrance over he bar was so difficult to strangers, before a foreign enemy could land 500 meo in that town, half the militia in the province might be collected for its defence. George-town and Port-royal indeed were exposed, but the inhabitants being both few in number and poor, it could not be worth the pains and risk of a single privateer to look into those larbours. For which reasons it was judged that Carolina could be in little danger till a foreign enemy had possession of Georgia; and therefore it was agreed to maintain Oglethorpe's regiment in that settlement complete ; and give orders to the commandant to send detachments to the forts in James's Island, Port-royal, and such other places where their service might be thought useful and necessary to the provincial safety and defence. The plan of settling townships, especially as it ame accompanied with the royal bounty, had proved icneficial to the colony iu many respects. It eu. 4M2 980 THE HISTORY OF AMERICA eouraged multitudes of poor people to emigrate from Ireland, Holland, and Germany, by which means the province received a number of frugal and in- dustrious settlers. As many of them came from manufacturing towns in Europe, it might have been expected that they would naturally have pursued those occupations to which they had been bred, and in which their chief skill consisted ; but this was not the case ; for excepting a few of them that took up their residence in Charlestown, they procured lands, applied to pasturage and agriculture, and by raising hemp, wheat, and maize, in the interior parts of the country, and curing hams, bacon, and beef, they supplied the market with abundance of provision, while at the same time they found that they had taken the shortest way of arriving at easy and independent circumstances. Indeed, while such vast territories in Carolina remained unoccupied, it was neither for the interest of the province, nor that of the mother-country, to employ any hands in manufactures. So long as labour bestowed on lands was most profitable, no prudent colonist would direct his attention or strength to any other employment, especially as the mother- country could supply him with all kinds of manu- factures at a much cheaper rate than he could make them. The surplus part of British commodities and manufactures for which there was no vent in Bri- tain, found in Carolina a good market, and in return brought the English merchant such articles as were in demand at home, by which means the advantages were mutual and reciprocal. In the year 1744, 230 vessels were loaded at the port of Charlestown, so that the national value of the province was not only considerable as to the large quantity of goods it consumed, but also as to the naval strength it promoted. Fifteen hundred seamen at least found employment in the trade of this province, and besides other advantages, the profits of freight must make a considerable addition to the account in favour of Britain Influx of Scotch settlers Climate and diseases Cul- tivation of indiyo State of Georyia Dissensions excited by Bosomworth Georgia made a royal yo- vernnent Whitfield in Carolina Conference with the Indians Great hurricane at Charlestown State of commerce. After the rebellion in England of 1745 had been subdued, the Highlanders were induced by the go- vernment to emigrate; and indeed many were al- lowed the choice of trial or voluntary banishment ; and among the other settlements in America, the southern provinces had a great share of these bold and hardy men, who afterwards proved excellent and industrious settlers. As every family of labourers is an acquisition to a growing colony, such as Carolina, where lands are plenty, and hands only wanted to improve them ; to encourage emigration, a door was opened there to Protestants of every nation. The poor and distressed subjects of the British dominions, and those of Ger- many and Holland, were easily induced to leave op- pression, and transport themselves and families to that province. Lands free of quit-rents, for the first ten years, were allotted to men, women, and children. Utensils for cultivation, and hogs and cows to begin their stock, they purchased with their bounty-money. The like bounty was allowed to all servants after the expiration of the term of their servitude. From this period Carolina was found to be an excellent refuge to the poor, the unfortunate, and oppressed. The population and prosperity of her colonies engrossed the attention of the mother-country. His majesty's bounty served to alleviate the hardships inseparable from the first years of cultivation, and landed pro- perty animated the poor emigrants to industry and perseverance. The different townships yearly in- creased in numbers. Every one upon his arrival ob- tained his grant of land, and sat down on his free- hold with no taxes, or very trifling ones, no tithes, no poor rates, with full liberty of hunting and fish- ing, and many other advantages and privileges he never knew in Europe. It is true the unhealthiness of the climate was a great bar to his progress, and proved fatal to many of these first settlers ; but to such as surmounted this obstacle, every year brought new profits, and opened more advantageous prospects. All who escaped the dangers of the climate, if they could not be called rich during their own life, by improving their little freeholds, yet commonly left their children in easy or opulent circumstances. Even in the first age being free, contented, and ac- countable to no man for their labour and management, their condition in many respects was preferable to that of the poorest class of labourers in Europe. In all improved countries, where commerce and manu- factures have been long established, and luxury prevails, the poorest ranks of citizens are always oppressed and miserable. Indeed this must neces- sarily be the case, otherwise trade and manufactures, which flourish principally by the low price of labour and provisions, must decay. In Carolina, though exposed to more troubles and hardships for a few years, such industrious people had better opportuni- ties than in Europe for advancing to an easy and independent state. Hence it happened that few emigrants ever returned to their native country ; on the contrary, the success and prosperity of the most fortunate, brought many adventurers and relations after them. Their love to their former friends, and their natural partiality for their countrymen, in- duced the old planters to receive the new settlers joyfully, and even to assist and relieve them. It has been observed, that in proportion as the lands have been cleared and improved, and scope given for a more free circulation of air, the climate likewise became more salubrious and pleasant. This change was more remarkable in the heart of the country than in the maritime parts, where the best plantations of rice are, and where water is carefully preserved to overflow the fields ; yet even in those places cultivation has been attended with salutary effects. Time and experience had now taught the planters, that, during the autumnal months, their living among the low rice plantations subjected them to many disorders, from which the inhabitants of the capital were entirely exempted. This induced the richer part to retreat to town during this un- healthy season. Those who were less able to bear the expenses of this retreat, and had learned to guard against the inconveniences of the climate, sometimes escaped ; but laborious strangers suffered much during these autumnal months. Accustomed as they were in Europe to toil through the heat of the day, and expose themselves in all weathers, they followed the same practices in Carolina, where the climate would by no means admit of such liberties. In the months of July, August, and September, the heat in the shaded air, from noon to three o'clock, is often between 90 and 100 degrees ; and as such extreme heat is of short duration, being commonly productive of thunder-showers, it becomes on that account the more dangerous. Fahrenheit's thermo- UNITED STATES. 981 meter has been seen to arise in the shade to 96 in the hottest, and fall to sixteen in the coolest season of the year; and occasionally even as high as 100, and as low as ten. The mean diurnal heat of the different seasons has been, upon the most careful observation, fixed at 64 in spring, and 79 in sum- mer, 72 in autumn, and 52 in winter ; and the mean nocturnal heat in those seasons at 56 degrees in spring, 75 in summer, 68 in autumn, and 46 in winter. Intermittent, nervous, putrid and bilious fevers are common in the country, and prove fatal to many of its inhabitants. Young children are very subject to the worm-fever, which destroys numbers of them. The dry colic, which is a dreadful disorder, is no stranger to the climate ; and an irruption, com- monly called the prickly heat, often breaks out dur- ing the summer, which is attended with troublesome itching and stinging pains; but this disease being common, and not dangerous, is little regarded ; and if proper caution be used to prevent it from striking suddenly inward, is thought to be attended even with salutary effects. In the spring and winter, pleuri- sies and peripneumonies are common, and often ob- stinate, and frequently fatal. So changeable is the weather, that the thermometer will often rise or fall 20, 25, and 30 degrees, in the space of 24 hours, and in autumn there is sometimes a difference of 20 degrees between the heat of the day and that of the night, and in winter a greater difference between the heat of the morning and that of noon-day. Not only man, but every animal, is strongly affected by the sultry heat of summer. Horses and cows retire to the shade, and there, though harassed with insects, they stand and profusely sweat through the violence of the day. Hogs and dogs are also much distressed with it ; as are poultry and wild fowls. The planter who consults his health is not only cautious in his dress and diet, but rises early for the business of the field, and transacts it before ten o'clock, and then retreats to the house for shade during the violent heat of the day, until the coolness of the evening again invites him to the field ; and such is the feeble- ness and langour at noon, that the greatest pleasure of life consists in being entirely at rest. This kind of climate, however, is favourable to the culture of indigo; and about the year 1745 a fortunate discovery was made, that this plant grew spontaneously in the province, and was found almost every where among the wild weeds of the forest. Some seed of a better kind was immediately im- ported from the French West Indies, where it had been cultivated with great success, and yielded the planters immense profit ; and in consequence of the success which attended various experiments, several planters turned their attention to its culture, and studied the art of extracting the dye from it. Every trial gave them fresh encouragement; and in the year 1747 a considerable quantity of it was sent to England, which induced the merchants trading to Carolina to petition parliament for a bounty on Ca- rolina indigo. The parliament, upon examination, found that it was one of the most beneficial articles of French commerce, that their West Indian islands supplied all the markets of Europe ; and that Britain alone consumed annually 600,000 weight of French indigo, which, at five shillings a pound, cost the nation 150,OOOZ. sterling. This petition of the mer- chants was soon followed by another from the planters and inhabitants of Carolina, and others to the same effect from the clothiers, dyers, and traders of dif- ferent towns in Britain ; aud it was proved, that the demand for indigo annually increased, and it could never be expected that the planters in the West In- dies would turn their hands to it, while the culture of sugar-canes proved more profitable. Accordingly, an act of parliament passed, about the beginning of the year 1748, for allowing a bounty of six-pence a pound on all indigo raised in the British American plantations, and imported directly into Britain from the place of its growth. In consequence of which act the planters applied themselves with double vi- gour and spirit to its cultivation. Some years in- deed elapsed before they learned the art of preparing it as well as the French, whose long practice and experience had brought it to perfection ; but every year they acquired greater skill and knowledge in preparing it. Many of the cultivators doubled their capital every three or four years, and in time brought it to such a degree of perfection, as not only to sup- ply the mother-country, but also to undersell the French at several European markets. As it was long the staple commodity of this colony, the following account, as given by an early colonist of its mode of culture, may serve to illustrate the manners and circumstances of the inhabitants. " As both the quantity and quality of indigo greatly de- pend on the cultivation of the plant, it is proper to observe, that it seems to thrive best in a rich, light soil, unmixed with clay or sand. The ground to be planted should be ploughed, or turned up with hoes, some time in December, that the frost may render it rich and mellow. It must also be well harrowed, and cleansed from all grass, roots, and stumps of trees, to facilitate the hoeing after the weed appears above ground. The next thing to be considered is the choice of the seed, in which the planters should be very nice ; there is great variety of it, and from every sort good indigo may be made ; but none an- swers so well in this colony as the true Guatimala, which if good is a small oblong black seed, very bright and full, and when rubbed in the hand will appear as if finely polished. " In Carolina we generally begin to plant about the beginning of April, in the following manner : the ground being well prepared, furrows are made with a drill-plough, or hoe, two inches deep, and eighteen inches distant from each other, to receive the seed, which is sown regularly, and not very thick, after which it is lightly covered with earth. A bushel of seed will sow four English acres. If the weather proves warm and serene, the plant will appear above ground in ten or fourteen days. After the plant appears, the ground, though not grassy, should be hoed to loosen the earth about it, which otherwise would much hinder its growth. In good seasons it grows very fast, and must all the while be kept per- fectly clean of weeds Whenever the plant is in full bloom it must be cut down, without paying any regard to its height, as its leaves are then thick and full of juice, and this commonly happens in about four months after planting. But, previous to the season for cutting, a complete set of vats of the fol- lowing dimensions, for every twenty acres of weed, must be provided, and kept in good order. The steeper or vat in which the weed is first put to fer- ment, must be sixteen feet square in the clear, and two and a half feet deep ; the second vat or battery twelve feet long, ten feet wide, and four and a half "eet deep from the top of the plate. These vats ihould be made of the best cypress or yellow-pine slank, two and a half inches thick, well fastened to ;he joints and studs with seven-inch spikes, aud then raulked, to prevent their leaking. Vats thus made 982 THE HISTORY OF AMERICA. will last in Carolina, notwithstanding the excessive heat, at least seven years. When every thing is ready, the weed must be cut and laid regularly in the steeper with the stalk upward, which will hasten the fermentation ; then long rails must be laid the length of the vat, at eighteen inches distance from one another, and wedged down to the weed, to pre- vent its buoying up when the water is pumped into the steeper. For this purpose the softest water an- swers best, and the quantity of it necessary must be just sufficient to cover U the weed. In this situa- tion it is left to ferment, which will begin sooner or later in proportion to the heat of the weather, and the ripeness of the plant, but for the most part takes twelve or fifteen hours. After the water is loaded with the salts and substance of the weed, it must be let out of the steeper into the battery, there to be beat; in order to perform which operation, many different machines have been invented : but for this purpose any instrument that will agitate the water with great violence may be used. When the water has been violently agitated for fifteen or twenty mi- nutes in the battery, by taking a little of the liquor up in a plate it will appear full of small grain or curdled; then you are to let in a quantity of lime- water kept in a vat for the purpose, to augment and precipitate the faeculae, still continuing to stir and beat vehemently the indigo water, till it becomes of a strong purple colour, and the grain hardly per- ceptible. Then it must be left to settle, which it will do in eight or ten hours. After which the water must be gently drawn out of the battery through plug-holes contrived for that purpose, so that the faeculae may remain at the bottom of the vat. It must then be taken up, and carefully strained through a horse-hair sieve, to render the indigo perfectly clean, and put into bags made of Osnaburghs, eigh- teen inches long, and twelve wide, and suspended for six hours, to drain the water out of it. After which the mouths of these bags being well fastened, it must be put into a press to be entirely freed from any remains of water, which would otherwise greatly hurt the quality of the indigo. The press commonly used for this purpose is a box of five feet in length, two and a half wide, and two deep, with holes at one end to let out the water. In this box the bags must be laid, one upon another, until it is full, upon which a plank must be laid, fitted to go within the box, and upon all a sufficient number of weights to squeeze out the water entirely by a constant and gradual pressure, so that the indigo may become a fine stiff paste ; which is then taken out and cut into small pieces, each about two inches square, and laid out to dry. A house made of logs must be prepared on purpose for drying it, and so constructed that it may receive all the advantages of an open and free air, without being exposed to the sun, which is very pernicious to the dye. For here indigo placed in the sun, in a few hours will be burnt up to a perfect cinder. While the indigo remains in the drying house, it must be carefully turned three or four times a day, to prevent its rotting. Flies should likewise be carefully kept from it, which at this sea- son of the year are hatched in millions, and infest an indigo plantation like a plague. After all, great care must also be taken, that the indigo be sufficiently dry before it is packed, lest after it is headed up in barrels it should sweat, which will certainly spoil and rot it." The province of Georgia, notwithstanding all that Britain had done for its population and improve- ment, still remained in a poor and languishing con- dition. After the peace Oglethorpe's regiment being disbanded, a number of soldiers accepted the en- couragement offered them by government, and took up their residence in Georgia. All those adventu- rers who had brought some substance along with them, having by this time exhausted their small stock in fruitless experiments, were reduced to indigence, so that emigrants from Britain, foreigners, and soldier?, were all on a level in point of povei politic restrictions of the trustees, From the im- ese settlers had no prospects during life but those of hardship and poverty. Nor was the trade of the province in a better situation than its agriculture. The want of credit was an insurmountable obstacle to its progress in every respect. Formerly the inhabitants in and about Savanna had transmitted to the trustees a re- presentation of their grievous circumstances, and obtained from them some partial relief. But now, chagrined with disappointments, and dispirited by the severities of the climate, they could view the design of the trustees in no other light than that of having decoyed them into misery. Even though they had been favoured with credit, and had proved successful, which was far from being their case ; as the tenure of their freehold was restricted to heirs male, their eldest son could only reap the benefit of their toil. They considered their younger children and daughters as equally entitled to their regard, and could not brook their holding lands under such a tenure, as excluded them from the rights and pri- vileges of other colonists. They saw numbers daily leaving the province through mere necessity, and declared to the trustees, that nothing could prevent it from being totally deserted, but the same encou- ragements with their more fortunate neighbours in Carolina. They complained that the landholders in Georgia were prohibited from selling or leasing their pos- sessions; that a tract, containing 50 acres of the. best lands was too small an allowance for the main- tenance of a family, and much more so when they were refused the freedom to choose it ; that a much higher quit -rent was exacted from them than was paid for the best lands in America; that the impor- tation of negroes was prohibited, and white people were utterly unequal to the labours requisite ; that the public money granted yearly by parliament, for the relief of settlers and the improvement of the pro- vince, was misapplied, and therefore the wise pur- poses for which it was granted were by no means answered. That these inconveniences and hardships kept them in a state of poverty and misery, and that the chief cause of all their calamities was the strict adherence of the trustees to their chimerical and impracticable scheme of settlement, by which the people were refused the obvious means of sub- sistence, and cut off from all prospects of success. We have already observed, that the laws and re- gulations even of the wisest men, founded on theo- retical principles, have often proved to be impracti- cable ; and the trustees had an example of this in the fundamental constitutions of John Locke. The lands in Georgia, especially such as were first occu- pied, were sandy and barren; the hardships of clearing and cultivating them were great, the cli mate was unfavourable for labourers, and dangeroua to European constitutions. Hitherto Georgia had made but small improve- ment in agriculture and trade, and her government was feeble and contemptible; and at this time, by - the avarice and ambition of a single family, the wholo - 1 colony was brought to the very brink of destruction UNITED STATES. 983 During the time General Oglethorpe had the di- rection of public affairs in Georgia, he had, from maxims of policy, treated an Indian woman, called Mary, with particular kindness and generosity. Find- ing that she had great influence among the Creeks, and understood their language, he made use of her as an interpreter, in order the more easily to form treaties of alliance with them, allowing her, as al- ready stated, for her services, IOOJ. sterling a-year. This woman, Thomas Bosomworth, who was chap- lain to Oglethorpe's regiment, had married, and among the rest, had accepted a portion of land from the crown, and settled in the province. ' Finding that his wife laid claim to some islands on the sea- coast, which, by treaty, had been allotted the In- dians as part of their hunting-lands ; to stock them he had purchased cattle from the planters of Carolina, from whom he obtained credit to a considerable amount. However, this plan not proving so suc- cessful as he expected, he resolved on a bold mode of supporting his credit, and acquiring a fortune. His wife pretended to be descended in a maternal line from an Indian king, who held from nature the territories of the Creeks, and Bosomworth now persuaded her to assert her right to them, as superior not only to that of the trustees, but also to that of the king. Accordingly Mary immediately assumed the title of an independent empress, disavowing all sub- jection or allegiance to the king of Great Britain, otherwise than by way of treaty and alliance, such as one independent sovereign might make with another. A meeting of all the Creeks was sum- moned, to whom Mary made a speech, setting forth the justice of her claim, and the great injury done to her and them, by taking possession of their an- cient territories ; and excited them to defend their property by force of arms. The Indians immediately declared they would adhere to her, and in conse- quence Mary, with a large body of savages, set out for Savanna, to demand a formal surrender of them from the president of the province. A messenger was dispatched before hand, to acquaint him that Mary had assumed her right of sovereignty over the whole territories of the upper and lower Creeks, and to demand that all lands belonging to them be in- stantly relinquished; for as she was the hereditary and rightful queen of both nations, and could com- mand every man of them to follow her, in case of refusal, she had determined to extirpate the settle- ment. The president and council, alarmed at her pre- tensions and bold threats, and sensible of her influ- ence with the savages, were not a little embarrassed what steps to take. They determined to use gentle measures until an .opportunity might offer of pri- vately laying hold of her, and shipping her off to England. But, in the mean time, orders were sent to all the captains of the militia, to hold themselves in readiness to march to Savanna at an hour's warn- ."'ag. The town was put in the best posture of de- fence, but the whole militia in it amounted to no more than 170 men. A messenger was sent to Mary, who was at the head of the Creeks, several miles distant from town, to know whether she was serious in such wild pretensions, and to try to persuade her to dismiss her followers, and drop her design. But finding her inflexible and resolute, the president re- solved to receive the savages with firmness. The militia was ordered under arms, to overawe them as much as possible, and as the Indians entered the town, Captain Jones, at the head of his company of horse, stopped them, and demanded whether they came with hostile or friendly intentions ? But re- ceiving no satisfactory answer, he told them they must there ground their arms, for he had orders not to suffer a man of them armed to set his foot within the town. The savages, with great reluctance, sub- mitted, and accordingly Thomas Bosomworth, in his canonical robes, with his queen by his side, followed by the various chiefs according to their rank, marched into town, making a formidable appearance. When they advanced to the parade, they found the militia drawn up under arms to receive them, who saluted them with fifteen cannon, and conducted them to the president's house. There Thomas and Adam Bosomworth being ordered to withdraw, the Indian chiefs, in a friendly manner, were called upon to declare their intention of visiting the town in so large a body, without being sent for by any person in lawful authority. The warriors, as they had been previously instructed, answered, that Mary was to speak for them, and that they would abide by her words. They had heard, they said, that she was to be sent like a captive over the great waters, and they were come to know on what account they were to lose their queen. They assured the president they intended no harm, and begged their arms might be restored ; and, after consulting with Bosomworth and his wife, they would return and settle all pub- lic affairs, To please them their muskets were ac- cordingly given back, but strict orders were issued to allow them no ammunition, until the council should see more clearly into their designs. On the day following, the Indians having had some private conferences with their queen, began to be very outrageous, and to run in a tumultuous manner up and down the streets. All the men being obliged to mount guard, the women were terrified to remain by themselves in their houses, expecting every moment to be murdered or scalped ; and du- ring this confusion, a false rumour was spread, that they had cut off the president's head with a toma- hawk, which so exasperated the inhabitants, that it was with difficulty the officers could prevent them from firing on the savages. Orders were given to the militia to seize Bosom- worth, and to convey him into close confinement. Upon which Mary became outrageous, and insolently threatened vengeance against the magistrates and whole colony; ordered every man to depart from her territories ; cursed General Oglethorpe and his fraudulent treaties, and furiously stamping with her feet upon the ground, swore by her Maker that the whole earth on which she trode was her own. To prevent bribery, which she knew to have great weight with her warriors, she kept the leading men constantly in her eye, and would not suffer them to speak a word respecting public affairs but in her presence. The president finding that no peaceable agree- ment could be made with the Indians while under the influence of their pretended queen, privately laid hold of her, and put her under confinement with her husband ; and having thus secured the chief promoters of the conspiracy, he then employed men acquainted with the Indian language to entertain the warriors in the most friendly and hospitable manner, and explain to them the wicked designs of Bosomworth and his wife. Accordingly a feast was prepared for all the chief leaders; at which they were informed that Mr. Bosomworth had involved himself in debt, and wanted not only their lands, but also a large share of the royal bounty, to satisfy his creditors in Carolina ; that the king's presents 984 THE HISTORY OF AMERICA. were only intended for Indians, on account of their useful services and firm attachment to him during the former wars ; that the lands adjoining the town were reserved for them to encamp upon when they should come to visit their beloved friends at Sa- vanna, and the three maritime islands to hunt upon when they should come to bathe in the salt waters ; that neither Mary nor her husband had any right to those lands, which were the common property of the Creek nations ; that the great king had ordered the president to defend their right to them, and ex- pected that all his subjects, both white and red, would live together like brethren ; in short, that he would suffer no man or woman to molest or injure them, and had ordered these words to be left on record, that their children might know them when they were dead and gone. This conduct produced the desired effect, and many of the chieftains being convinced that Bosom- worth had deceived them, declared they would trust him no more. Even Malatchee, the leader of the Lower Creeks, and a relation to their pretended empress, seemed satisfied, and was not a little pleased to hear that the great king had sent them some valu- able presents. Being asked why he acknowledged Mary as the empress of the great nation of Creeks, and resigned his power and possessions to a despi- cable old woman, while all Georgia owned him as chief of the nation, and the president and council were now to give him many rich clothes and medals for his services ? He replied, that the whole nation .Jcknowledged her as their queen, and none could distribute the royal presents but one of her family. The president by this answer perceiving more clearly the design of the family of Bosomworth, to lessen their influence, and show the Indians that he had power to divide the royal bounty among the chiefs, determined to do it immediately, and dismiss them, on account of the growing expenses to the colony, and the hardships the inhabitants underwent, in keep- ing guard night and day for the defence of the town. In the mean time Malatchee, whom the Indians compared to the wind, because of his fickle and variable temper, having at his own request obtained access to Bosomworth and his wife, was again se- duced and drawn over to support their chimerical claim. While the Indians were gathered together to receive their respective shares of the royal bounty, he stood up in the midst of them, and with a frown- ing countenance, and in violent agitation of spirit, delivered a speech fraught with the most dangerous insinuations, he protested that Mary possessed that country before General Oglethorpe ; and that all the lands belonged to her as queen, and head of the Creeks; that it v,as oy her permission English- men were at first allowed to set their foot on them ; that they still held them of her as the original pro- prietor ; that her words were the voice of the whole nation, consisting of above 3000 warriors, and at her command every one of them would take up the hatchet in defence of her right; and then pulling out a paper out of his pocket, he delivered it to the president in confirmation of what he bad said. This was evidently the production of Bosomworth, and served to discover in the plainest manner his am- bitious views and wicked intrigues. The preamble was filled with the names t)f Indians called kings, >f all the towns of the Upper and Lower Creeks, none of whom, however, were present, excepting two. The substance of it corresponded with Ma- latchee's speech ; styling Mary the rightful princess and chief of their nation, descended in a maternal line from the emperor, and invested with full power and authority from them to settle and finally deter- mine all public affairs and causes, relating to lands and other things, with King George and his beloved men on both sides of the sea, and whatever should be said or done by her they would abide by, as if said or done by themselves. After reading this paper in council, the whole board were struck with astonishment ; and Malat- chee, perceiving their uneasiness, begged to have it again, declaring he did not know it to be " a bad talk," and promising he would return it immediately to the person from whom he had received it. To remove all impression made on the minds of the In- dians by Malatcbee's speech, and convince them of the deceitful and dangerous tendency of this con- federacy into which Bosomworth and his wife had betrayed them, had now become a matter of the highest consequence : happy was it for the province this was a thing neither difficult nor impracticable ; for as ignorant savages are easily misled on the one hand, so, on the other, it was equally easy to con- vince them of their error. Accordingly, having ga- thered the Indians together for this purpose, the president addressed them to the following effect : " Friends and brothers, when Mr. Oglethorpe and his people first arrived in Georgia, they found Mary, then the wife of John Musgrove, living in a small hut at Yamacraw, having a licence from the go- vernor of South Carolina to trade with Indians. She then appeared to be in a poor ragged condi- tion, and was neglected and despised by the Creeks. But Mr. Oglethorpe finding that she could speak both the English and Creek languages, employed her as an interpreter, richly clothed her, and made her the woman of the consequence she now appears. The people of Georgia always respected her until she married Thomas Bosomworth, but from that time she has proved a liar and a deceiver. In fact, she was no relation of Malatchee, but the daughter of an Indian woman of no note, by a white man. General Oglethorpe did not treat with her for the lands of Georgia, she having none of her own, but with the old and wise leaders of the Creek nation, who voluntarily surrendered their territories to the king. The Indians at that time having much waste land that was useless to themselves, parted with a share of it to their friends, and were glad that white people had settled among them to supply their wants. He told them that the present bad humour of the Creeks had been artfully infused into them by Mary, at the instigation of her husband, who owed 400/. sterling in Carolina for cattle ; that he demanded a third part of the royal bounty, in order to rob the naked Indians of their right ; that he had quarrelled with the president and council of Georgia for re- fusing to answer his exorbitant demands, and there- fore had filled the heads of Indians with wild fancies and groundless jealousies, in order to breed mischief, and induce them to break their alliances with their best friends, who alone were able to supply their wants, and defend them against all their enemies." Here the Indians desired him to stop and put an end to the contest, declaring that their eyes were now opened, and they saw through his insidious design. But though he intended to break the chain of friend- ship, they were determined to hold it fast, and there- fore begged that all might immediately smoke the pipe of peace. Accordingly pipes and rum were brought, and the whole congress, joining hand in hand, drank and smoked together in friendship. UNITED STATES. 985 Then all the royal presents, except ammunition, with which it was judged imprudent to trust them until they were at some distance from, town, were brought and distributed among them. The most disaffected were purchased with the largest presents; and even Malatchee himself seemed fully contented with his share ; and the savages in general perceiv- ing the poverty and insignificancy of the family of Bosomworth, and their total inability to supply their wants, determined to break off all connexion with them for ever. While the president and council flattered them- selves that all differences were amicably compro- mised, and were rejoicing in the re-establishment of their former friendly intercourse with the Creeks, Mary, drunk with liquor, and disappointed in her views, came rushing in among them like a fury, and told the president that these were her people, that he had no business with them, and he should soon be convinced of it to his cost. The president calmly advised her to keep to her lodgings, and forbear to poison the minds of Indians, otherwise he would order her again into close confinement. Upon which, turning about to Malatchee in great rage, she told him what the president had said, who in- stantly started from his seat, laid hold of his arms, and then calling upon the rest to follow his ex- ample, dared any man to touch his queen. The whole house was filled in a moment with tumult and uproar; and every Indian having his tomahawk in his hand, the president and council expected no- thing but a massacre ; but Captain Jones, who com- manded the guard, very seasonably interposed, and ordered the Indians immediately to deliver up their arms. The Indians submitted, though with reluct- ance, and Mary was conveyed to a private room, where a guard was set over her, and all further in- tercourse with savages denied her during their stay in Savanna. Her husband was sent for, in order to convince him of the folly of his chimerical pre- tensions, and of the dangerous consequences which must result from persisting in them. But in spite of every argument, he remained obstinate and con- tumacious, and protested he would stand forth in vindication of his wife's right to the last extremity, and that the province of Georgia should soon feel the weight of her vengeance. Finding that gentle means were ineffectual, the council determined to remove him also out of the way of the savages, and afterwards to deal with him. They first persuaded the Indians to retire, and a young warrior who had discovered to his tribe the base intrigues of Bosom- wcrth, set out among the first ; and the rest followed him in different parties, and the inhabitants, wearied out with constant watching, and harassed with fre- quent alarms, were at length happily relieved. By this time Adam Bosomworth, another brother of the family, who was agent for Indian affairs in Carolina, had arrived from that province, and being made acquainted with what had passed in Georgia, was filled with shame and indignation ; he exerted himself to his utmost, and ultimately induced his brother, Thomas Bosomworth, to repent of his folly, and to ask pardon of the magistrates and people. The latter wrote to the president, acquainting him that he was now deeply sensible of his duty as a sub- ject, and the respect he owed to civil authority, and could no longer justify the conduct of*his wife ; but hoped that her present remorse, and past services to the province, would entirely blot out the remem- brance of her unguarded expressions and rash de- sign. He appealed to the letters of General Ogle- thorpe for her former irreproachable conduct, and steady friendship to the settlement, and hoped her good behaviour for the future would atone for her past offences, and reinstate her in the public favour. For his own part, he acknowledged her title to be groundless, and for ever relinquished all claim to the lands of the province. The colonists generously forgave all that had past ; and public tranquillity being re-established, new settlers applied for lands as usual, without meeting any more obstacles from the idle claims of Indian queens and chieftains. The trustees of Georgia finding that the province languished under their care, and weary of the com- plaints of the people, in the year 1752 surrendered their charter to the king, and it was made a royal government. In consequence of which, his majesty appointed John Reynolds, an officer of the navy, governor of the province, with a legislature similar to that of the other royal governments in America. Although the expense which the mother-country had already incurred, besides private benefactions, for supporting this colony had been very great, yet the returns had been very small. The vestiges of cul- tivation were scarcely perceptible in the forest, and in England all commerce with it was neglected and despised. At this time the whole annual exports of Georgia did not amount to 10,0002. sterling; and although the people were now -favoured with the same privileges enjoyed by their neighbours under the royal care, yet several years elapsed before the value of the lands in Georgia was known, and that spirit of industry broke out in it which afterward diffused its happy influence over the country. In the annals of Georgia the famous George Whit- field may not be unworthy of some notice, especi- ally as the Orphan-house built by him there has been so celebrated. Actuated by religious motives, Whitfield several times passed the Atlantic to con- vert the Americans, whom he addressed in such a manner as if they had been all equal strangers to the privileges and benefits of religion with the ori- ginal inhabitants of the forest. However, his zeal never led him beyond the maritime parts of Ame- rica, through which he travelled, spreading what he called the true evangelical faith among the most populous towns and villages. It might have been expected that the heathens, or at least those who were most destitute of the means of instruction, would have been the chief objects of his zeal and compassion ; but this was far from being the case. However, wherever he went in America, as in Bri- tain, he had multitudes of followers. When he first visited Charlestown. Alexander Garden, a man of some sense and erudition, who was the episcopal clergyman of that place, to put the people upon their guard, took occasion to point out to them the pernicious tendency of Whitfield's wild doctrines and irregular manner of life. He represented him as a religious imposter or quack, who had an excellent knack of setting off to advantage his poisonous tenets. On the other hand, Whitfield, who had been accus- tomed to bear reproach and face opposition, recri- minated with double acrimony and greater success. While Alexander Garden, to keep his flock from straying after this strange pastor, expatiated on the words of Scripture, "Those that have -turned the world upside down are come hither also." Whitfield, with all the force of humour and wit for which he was so much distinguished, by way of reply, en- larged on these words, " Alexander the coppersmith hath done me much evil, the Lord reward him ac I cording to his works." In short, the pulpit was per- 986 THE HISTORY OF AMERICA. verted by both into the mean purposes of personal controversy, and every one catching a share of the infection, spoke of the clergymen as they were dif- ferently affected. In Georgia, Whitfield having obtained a tract of land from the trustees, erected a wooden-house two stories high, the dimensions of which were 70 feet by 40, upon a sandy beach near the sea-shore. This house, which he called the Orphan-house, he began to build about the year 1740, and afterwards finished it at a great expense. It was intended to be a lodg- ing for poor children, where they were to be clothed and fed by charitable contributions, and trained up in the knowledge and practice of the Christian re- ligion. The design, beyond doubt, was humane and laudable ; but, perhaps, had he travelled over the whole earth, he could scarcely have found out a spot of ground upon it more improper for the purpose. The whole province of Georgia could not furnish him with land of the same extent more barren and unprofitable. To this house poor children were to be sent from at least a healthy country, to be sup- ported partly by charity, and partly by the produce of this land cultivated by negroes. Nor was the climate better suited to the purpose than the soil, for it is certain, before the unwholesome marshes around the house were fertilized, the influences of both air and water must have conspired to the children's destruction. However, Whitfield having formed his chimerical project, determined to accomplish it, and instead of being discouraged by obstacles and difficulties, gloried in despising them. He travelled through the British empire, persuaded the ignorant and cre- dulous part of the world of the excellence of his design, and obtained from them money, clothes, and books, to forward his undertaking, and supply his poor orphans in Georgia. About 30 years after this wooden house was finished it was burned to the ground ; without, according to all accounts, having repaid its benevolent, though eccentric founder, for his anxiety and labours. After his death he was brought from New England, above 800 miles, and buried at this Orphan-house. Lady Huntingdon became his executrix, and the funds of the land, negroes, &c., were appropriated to the support ol dissenting ministers. About the year 1752 war broke out among some Indian nations, which threatened to involve the pro- vince of Carolina. The Creeks having quarrelled with their neighbours for permitting some Indians to pass through their country to wage war against them, by way of revenge had killed some Cherokees near the gales of Charlestown. A British trader to the Chickesaw nation had likewise been scalpedby a party of warriors belonging to the same nation ; anc Governor Glen sent a messenger to the Creeks to demand satisfaction for these outrages, and to re quest a conference at Charlestown with their leading men. The Creeks returned for answer, that they were willing to meet him, but as the path had not been open and safe for some time, they could nol enter the settlement without a guard to escort them Upon which the governor sent 50 horsemen, who met them at the confines of their territories, and con voyed Malatchee, with above 100 of his warriors, to Charlestown. As they arrived on Sunday the governor did no summon his council until the day following, to hold When they entered the council-chamber the gover- nor arose and took them by the hand, signifying that he was glad to see them, and then addressed them ;o the following effect : " Being tied together by the most solemn treaties, I call you by the beloved names of friends and brothers. In the name of the jreat King George I have sent for you, on business f the greatest consequence to your'nation. I would lave received you yesterday on your arrival, but it was a beloved day, dedicated to repose and the con- cerns of a future life. I am sorry to hear that you lave taken up the hatchet, which I flattered my sel lad been for ever buried. It is my desire to have the chain brightened and renewed, not only between you and the English, but also between you and other Indian nations. You are all our friends, and I could wish that all Indians in friendship with us were also friends one with another. You have com- plained tome of the Cherokees permitting the nor- thern Indians to come through their country to war against you, and supplying them with provisions and ammunition for that purpose. The Cherokees, >n the other hand, allege, that it is not in their power to prevent them, and declare, that while their people happen to be out hunting, those northern In- dians come in to their town well armed, and in such numbers that they are not able to resist them. " I propose that a treaty of friendship and peace be conclude^ first with the English, and then with the Cherokees, in such a manner as may render it durable. Some of your people have fro'm smaller crimes proceeded to greater. First, they waylaid the Cherokees, and killed one of them in'the midst of our settlements; then they came to Charlestown, where some Cherokees at the same time happened to be, and though I cautioned them, and they pro- mised to do no mischief, yet the next day they as- saulted and murdered several of them nigh' the gates of this town. For these outrages I have sent for you, to demand satisfaction ; and also for the mur- der committed in one of your towns, for which satis- faction was made by the death of another person, and not of the murderer. For the future, I acquaint you, that nothing will be deemed as satisfaction for the lives of our people, but the lives of those persons themselves who shall be guilty of the murder. The English never make treaties of friendship but with the greatest deliberation, and when made observe them with the strictest punctuality. They are, at the same time vigilant, and will not suffer other na tions to infringe the smallest article of such treaties It would tend to the happiness of your people, were you equally careful to watch against the beginnings of evil ; for sometimes a small spark, if not attended to, may kindle a great fire; and a slight sore, if suffered to spread, may endanger the whole body. Therefore, I have sent for you to prevent farther mischief, and I hope you come disposed to give satis- faction for the outrages already committed, and to promise and agree to maintain peace and friendship with your neighbours for the future." This speech delivered to the Indians was inter- preted by Lachlan M'Gilvray, an Indian trader, who understood their language. After which Malatchee, the king of the Lower Creek nation, stood forth, and in a solemn and dignified manner addressed the governor to the following effect : " I never had the honour to see the great King George, nor to hear his talk, but you are in his place; I have heard a congress with them. At this meeting a number of yours, and I like it well. Your sentiments ar gentlemen were present, whom curiosity had drawn agreeable to my own ; the great king wisely judged, together to see the warriors and hear their speeches, that the best way of maintaining friendship between UNITED STATES. 987 white and red people was by trade and commerce. He knew we are poor, and want many things, and that skins are all we have to give in exchange for what we want. I have ordered my people to bring you some as a present, and, in the name of our na- tion, I lay them at your excellency's feet. You have sent for us ; we are come to hear what you have to say ; but I did not expect to hear our whole nation accused for the faults of a few private men. Our head men neither knew nor approved of the mischief done. We imagined our young men had gone a hunting as usual. When we heard what had hap- pened at Charlestown, I knew you would send and demand satisfaction. When your agent came and iold me what satisfaction you required, I owned the justice of it; but it was not advisable forme alone to grant it. It was prudent to consult with our beloved men, and have their advice in a matter of such import- ance. We met ; we found that the behaviour of some of our people had been bad; we found that blood had been spilt at your gates. We thought it just that satisfaction should be made ; we turned our thoughts to find out the chief persons concerned (for a man will sometimes employ another to commit a crime he does not choose to be guilty of himself). We found the Acorn Whistler was the chief contriver and pro- moter of the mischief ; we agreed that he was the man that ought to suffer. Some of his relations, who are here present, then said he deserved death, and voted for it ; accordingly he was put to death. He was a very great warrior, and had many friends and relations in different parts of the country. We thought it prudent to conceal for some time the true reason of his death, which was known only to the head men that concerted it ; we did this for fear some of his friends in the heat of fury would take revenge on some of your traders. At a general meeting all mat- ters were explained ; the reasons of his death were made known ; his relations approved of all that was done. Satisfaction being made, I say no more about that matter. I hope our friendship with the En- glish will continue as heretofore. " As to the injuries done to the Cherokees, which you spoke of, we are sorry for them. We acknow- ledge our young men do many things they ought not to do, and very often act like madmen ; but it is well known I and the other head warriors did all we could to oblige them to make restitution. I rode from town to town with Mr. Bosomworth and his wife to assist them in this matter. Most of the things taken have been restored. When this was over, an- other accident happened which created fresh troubles. A Chickesaw, who lived in our nation, in a drunken fit shot a white man. I knew you would demand satisfaction. I thought it best to give it before it was asked. The murder was committed at a great dis- tance from me. I mounted my horse and rode through the towns with your agent. I took the head men of every town along with me. We went to the place and demanded satisfaction ; it was given ; the blood of the Indian was spilt for the blood of a white man. The uncle of the murderer purchased his life, and voluntarily killed himself in his stead. Now I have done. I am glad to see you face to face to settle those matters ; it is good to renew treaties of friend- ship. I shall always be glad to call you friends and brothers." This speech throws no small light on the judicial proceedings of barbarous nations, and shows that human nature in its rudest state possesses a strong sense of right and wrong. Although Indians have little property, yet here we behold their chief ma- gistrate protecting what they have, and, in cases of robbery, acknowledging the necessity of making restitution. They indeed chiefly injure one another in their persons or reputations, and in all cases of murder the guilty are brought to trial and condemned to death by the general consent of the nation. Even the friends and relations of the murderer here voted for his death. But, what is more remarkable, they gave us an instance of an atonement made, and jus- tice satisfied, by the substitution of an innocent man in place of the guilty. An uncle voluntarily and generously offers to die in the place of his nephew, the savages accept of the offer, and in consequence of his death declare that satisfaction is made. Next to personal defence, the Indian guards his character and reputation ; for as it is only from the general opinion his nation entertains of his wisdom, justice and valour, that he can expect to arrive at rank and distinction, he is exceedingly watchful against doinsj any thing for which he may incur public blame or disgrace ; and in this answer Malatchee discovers considerable talents as a public speaker, and appears to be insensible neither to his own dignity and free- dom, nor to the honour and independence of his nation. ^During the months of June, July, and August, 1752, the weather in Carolina was warmer than any of the inhabitants then alive 'had ever felt it, and the mercury in the shade often arose above the 90th, and at one time was observed at the 101 st *ree of the thermometer ; and, at the same time, when exposed to the sun, and suspended at the distance of five feet from the ground, it rose to 120. By this excessive heat the air becomes greatly rarefied, and a violent hurricane commonly restore* the balance in the atmosphere. In such a case the wind usually proceeds from the north- east, directly opposite to the point from which it had long blown before. These storms indeed seldom happen except in seasons when there has been little thunder, when the weather has been for a long time exceedingly dry and intolerably hot, and though they occasion damages to some individuals, there is reason to believe that they are productive upon the whole of salutary effects ; and the want of them for many years together has been deemed a great mis- fortune by the inhabitants ; especially such as are exposed to the noon-day heat, or to the heavy fogs that fall every morning and evening. It is not improbable that the maritime parts of Carolina have been forsaken by the sea, for on dig- ging however deep no stones or rocks are found, but every where sand or beds of shells. As a small de- crease of water will leave so flat a country entirely bare, so a small increase will again cover it ; and the coast is not only very level, but the dangerous hur- ricanes commonly proceed from the north-east ; and as the stream of the Gulf of Florida flows rapidly to- wards the same point, this large body of water, when obstructed by the tempest, recurs upon the shore,, and overflows the country. As had been fully expected owing to the previous weather, a dreadful hurricane visited Charlestown in the month of September, 1752. It was observed on the night before by the inhabitants that the wind at north-east began to blow hard, and continued in- creasing in violence till next morning ; when the sky appeared wild and cloudy, and it began to drizzle and rain. About nine o'clock the flood came rolling in with great impetuosity, and in a little time rose ten feet above high-water mark at the highest tides. As usual in such cases, the town was overflown, aud THE HISTORY OF AMERICA. the streets were covered with boats, boards, and wrecks of houses and ships. Before eleven all the ships in the harbour were driven ashore, and sloops and schooners were dashing against the houses of Bay-street, in which great quantities of goods were damaged and destroyed. Except the Hornet man- of-war, which by cutting away har masts, rode out the storm, no vessel escaped being damaged or wrecked. The consternation which seized the in- habitants may be more easily conceived than ex- pressed. Finding themselves in the midst of a tem- pestuous sea, and expecting the tide to flow till one o'clock, its usual hour, at eleven they retired to the upper stories of their houses, and there remained despairing of life ; but providentially soon after eleven the wind shifted, in consequence of which the waters fell five feet in the space of ten minutes. By this happy change the gulf-stream, stemmed by the violent blast, had freedom to run in its usual course, and the town was saved from destruction. Had the water continued to rise, and the tide to flow until its usual hour, every inhabitant of Charles- town must have perished. As it was, almost all the tiled and slated houses were uncovered, several per- sons were hurt, and some were drowned. The fortifi- cations and wharfs were almost entirely demolished : the provisions in the field, in the maritime parts, were destroyed, and numbers of cattle and hogs perished in the waters. The pest-house in Sulli- van's island, built of wood, with fifteen persons in it, was carried several miles up Cooper river, and nine out of the fifteen were drowned. To form a right judgment of the progress of the colony, and the mutual advantages resulting from its political and commercial connexion with Britain, we need only attend to its annual imports and ex- ports. We cannot exactly say what its imports amounted to at this time ; but if they amounted to above 150,000/. sterling in the year 1740, as we have already seen, they must have arisen at least to 200,000/. sterling in 1754, The quantities of rice exported in that year were 104,682 barrels; of in- digo, 216,024 pounds weight, which, together with naval stores, provisions, skins, lumber, &c. amounted in value to 242,529/. sterling. /, dispute about the limits of British and French ter- ritories War with the FrenchGovernor Glen holds a congress with the Cherokees Forts built The Cherokee war The Highlanders return to Carolina- Peace with the Cherokees Storm at Charlestown. Although the peace of Aix-la-Chapelle extended to the subjects of both Britain and France residing in America, yet the boundaries of the respective territo- ries there were by no means so determinate as to pre- clude grounds of future dispute; and consequently a war broke out with the French, commonly called the French war of 1756; of which, as we have already, in the histories of the northern colonies, given a sufficient account, it will be sufficient to say here, that while hostilities were openly carrying on in those parts of America, it was judged prudent to consult the safety of the provinces to the south, and put them in the best posture of defence ; and to pre- vent the fatal influence of French emissaries among the Indian tribes, it was thought necessary to build some small forts in the heart of their country. A message was also sent to Governor Glen from the chief warrior of the over-hill settlements, acquaint- ing him that it would be necessary to hold a gene- ral congress with the nation, and renew their for- mer treaties tf friendship. It may be remarked, that the Cherokees differ in some respects from other Indian nations that have wandered often from place to place, and fixed their habitations on separate districts. From time immemorial they have had possession of the same territory which at present they occupy. They affirm, that their forefathers sprung from that ground, or descended from the clouds upon those hills. These lands of their ancestors they value above all .hings in the world. They venerate the places whue their bones lie interred, and esteem it disgracef ut when employed, as in this Cherokee war, for he public defence, they were allowed the same pay with the king's forces. As soon as the Highlanders had recovered from heir sickness, and were in a condition to take the ield, Colonel Grant began his march for the Cherokee erritories ; and after being joined by the provincial regiment and Indian allies, he mustered in all about 2600 men. Having served some years in America, and been in several engagements with Indians, he was now no stranger to their methods of making war. On the 27th of May, 1761, Colonel Grant arrived at Fort Prince George, and Attakullakulla having information that he was advancing against his nation with a formidable army, hastened to his camp, o signify his earnest desire of peace. He told the colonel that he always had been, and ever would continue to be, a firm friend to the English; that the outrages of his countrymen covered him with shame, and filled his heart with grief; yet nevertheless he would gladly interpose in their behalf, in order to bring about an accommodation. Often, he said, had be been called an old woman by the mad young men of his nation, who delighted in war, and despised his counsels. Often had he endeavoured to get the hatchet buried, and the former good correspondence with the Carolineans established ; but now he was determined to set out for the Cherokee towns, to per- suade them to consult their safety, and speedily agree to terms of peace, and again and again begged the colonel to proceed no further until he returned. Colonel Grant, however, gave him no encourage- ment to expect that his request could be granted; but, on the 7th of June, began his march from Fort Prince George, carrying with him provisions to the army for 30 days. A party of 90 Indians, and 30 woodmen painted like Indians, under the command of Captain Quintine Kennedy, had orders to march in front and scour the woods. After them the light- infantry, and about 50 rangers, consisting in all of about 200 men, followed, by whose vigilance and activity the commander imagined that the main body of the army might be kept tolerably quiet and secure. For three days he made forced marches, in order to get over two narrow and dangerous defiles, which he accomplished withoutashotfrom the enemy, but which might have cost him dear, had they been properly guarded and warmly disputed. On the day following he found suspicious ground on all hands, and therefore orders were given for the first time to load and prepare for action, and the guards to march slowly forward, doubling their vigilance and circumspection. As they frequently spied Indians around them, all were convinced that they should UNITED STATES. 995 that day have an engagement. At length, havio advanced near to the place where Colonel Montgc mery was attacked the year before, the Indian allie in the van-guard, about eight in the morning, ob served a large body of Cherokees posted upon a hi! on the right flank of the array, and gave the alarm Immediately the savages, rushing down, began t fire on the advanced guard, which being supported the enemy were repulsed, and recovered their heights Under this hill the line was obliged to march a con siderable way. On the left there was a river, from the opposite banks of which a large party of Indian fired briskly on the troops as they advanced. Co lonel Grant ordered a party to march up the hill and drive the enemy from the heights, while the line faced about, and gave their whole charge to the Indians who annoyed them from the side of th river. The engagement became general, and the savages seemed determined obstinately to dispute the lower grounds, while those on the hill were dis- lodged only to return with redoubled ardour to the charge. The situation of the troops was in severa! respects deplorable; fatigued by a tedious march, in rainy weather, surrounded with woods, so thai they could not discern the enemy, galled by the scattered fire of savages, who when pressed alway kept aloof, but rallied again and again, and returned to the ground. No sooner did the army gain an advantage over them in one quarter, than they ap- peared in another. While the attention of the com- mander was occupied in driving the enemy from their lurking-place on the river's side, the rear was attacked, and so vigorous an effort made for the Hour and cattle, that he was obliged to order a party back for the relief of the rear-guard. From eight o'clock in the morning until eleven the savages con- tinued to keep up an irregular and incessant fire, sometimes from one place, and sometimes from another, while the woods resounded with hideous shouts and yells, to intimidate the troops. At length the Cherokees gave way, and being pursued for some time, random shots continued till two o'clock, when they disappeared. What loss the enemy sus- tained in this action we have not been able to learn, but of Colonel Grant's army there were between 50 and 60 men killed and wounded ; and it is probable the loss of the savages could not be much greater, and perhaps not so great, owing to their manner of fighting. Orders were given not to bury the slain, but. to sink them in the river, to prevent their being dug up from their graves and scalped. To provide horses for those that were wounded, several bags of flour were thrown into the river. After which they proceeded to Etchoe, a pretty large Indian town, which they reached about midnight, and next day reduced to ashes. Every other town in the middle settlements, fourteen in number, shared the same fate; and their magazines and corn fields were like- wise destroyed, and those miserable savages, with their families, were driven to seek for shelter and provisions among the lower mountains. Colonel Grant continued 30 days in the heart of the Cherokee territories, and, upon his return to Fort Prince George, the feet and legs of many of his army were so torn and bruised, and their strength and spirits so much exhausted, that they were ut- terly unable to march further. He resolved there- fore to encamp at that place, both to refresh his men, and wait the resolutions of the Cherokees, in consequence of the heavy chastisement which they had received. Besides the numberless advantage* their country afforded for defence, it was supposed that some French officers had been among them, and given them all the assistance in their power. It is true the savages supported their attack for some hours with considerable spirit; but being driven from their advantageous posts and thickets they were wholly disconcerted, and though the repulse was far from being decisive, yet after this engagement they returned no more to the attack. Such engagements in Europe would be considered as trifling skirmishes, scarcely worthy of relation, but in America a great deal is often determined by them. It is no easy matter to describe the distress to which the savages were reduced by this severe correction; even in time of peace they are in a great measure destitute of that foresight, which provides for future events ; but in time of war, when their villages are destroyed, and their fields laid desolate, they /are reduced to extreme want. Being driven to the barren mountains, the hunters furnished with ammunition might indeed make some small provi- sion for themselves; but women, children, and old men, must perish, being deprived of the means of subsistence. A few days after Colonel Grant's arrival at Fort Prince George, Attakullakulla, attended by several chieftains, came to his camp, and expressed a desire of peace. Severely had they 'suffered for breaking their alliance with Britain; and convinced at last of the weakness and perfidy of the French, who were neither able to assist them in time of war, nor sup- )ly their wants in time of peace, they resolved to enounce ail connexion with them for ever. Ac- ;ordingly terms of peace were drawn up and pro- >osed, which were no less honourable to Colonel jrant than advantageous to the province. The dif- erent articles being read and interpreted, Attakulla- julla agreed to them all excepting one, by which it *-as demanded, " That four Cherokee Indians be de- ivered up to Colonel Grant at Fort Prince George, o be put to death in the front of his camp ; or four jreen scalps be brought to him in the space of welve nights." The warrior having no authority rom his nation, declared he could not agree to this irticle, and therefore the Colonel sent him to Charles- own, to see whether the lieutenant-governor would onsent to mitigate the rigour of it. Accordingly Attakullakulla, and the other chief- ains, being furnished with a safeguard, set out for Chaiiestown, to hold a conference with Mr. Bull, nd a peace was formally ratified and confirmed by oth parties. Thus ended the Cherokee war, which was amonf he last humbling strokes given to the expiring owei of France in North America, and Colonel Sfrant returned to Charlestown to wait further orders. 5ut no sooner was peace concluded, and the pro- ince secured against external enemies, than an nhappy difference broke out between the two prin- ipal commanders of the regular and provincial srces. Colonel Grant, a native of Scotland, was aturally of a high spirit, to which he added that ride of rank which he held among those British sol- iers who had carried their arms triumphant through le continent. During this expedition it is proba- le that he scorned to ask the advice of a provincial fficer, whom he deemed an improper judge of mill - ary operations, and claimed the chief glory of hav- ng restored peace to the province. Colonel Mid- letoa was equally warm and proud, and consider- ng such neglect as an affront, resented it, and while ome reflections were cast upon the provincial troops, ing the chief in command, he thought himself 4 N 2 995 THE HISTORY OF AMERICA. bound to stand forth as a champion for the honour of the province. This discontent, which appeared between the officers on their return to Charlestown, was encouraged and fomented by persons delighting in mischief, who, by malicious surmises and reports, helped to widen the difference. The dispute became serious, and was carried on for some time in the public papers by mutual charges of misconduct, and at length ended in a duel ; which, however, happily terminated without bloodshed. This year one of the most violent and dreadful hurricanes that had ever been known, passed Charles- town in the month of May. It appeared at first to the west of the town, like a large column of smoke, approaching fast in an irregular direction ; and the vapour of which it was composed resembled clouds rolling one over another in violent tumult and agitation, assuming at one time a dark, at another a bright flaming colour. Its motion was exceedingly swift and crooked ; and, as it approached, the inhabitants were greatly alarmed with an unu- sual sound, like the continual roaring of distant thunder, or the noise made by a stormy sea beating upon the shore, which brought numbers of people to witness the dreadful phenomenon. While it passed down Ashley river, such was its incredible velocity and force, that it ploughed the waters to the bottom, and laid the channel bare. The town narrowly and providentially escaped, but it threatened destruction to a fleet consisting of no less than 40 sail of loaded ships, lying at anchor in Rebellion Road, about four miles below the town, and waiting a fair wind to sail for England. When it reached the fleet, five ves- sels were sunk in an instant by it, and a British ship of war, the Dolphin, with eleven others, were dis- masted. Such was the situation of the fleet, and so rapid was the motion of the whirlwind, that though the seamen observed it approaching, it was impossi- ble to provide against it. In its oblique course it struck only a part of the fleet, and the damage, though computed at 20,000/. sterling, was by no means so great as might have been expected. Nor were many lives lost, for the channel of the river not being very deep, while the ships sat down in the mud, and were covered by' the waves, the sailors saved themselves by running up the shrouds. The whirlwind passed the town a little before three o'clock, and before four the sky was so clear and serene, that it could scarcely have been believed that such a dread- ful scene had been exhibited, had it not left many striking proofs behind it. Its route was not only marked in the woods, having levelled the loftiest trees, or swept them away before it like chaff, but its effects were visible in the fleet, by the number of vessels sunk and dismasted. The climate of Georgia, like that of Carolina, is more mild and pleasant in the inland than maritime parts. Governor Ellis has left us the following ac- count of the heat of the summer at Savanna. In the 7th of July, while he was writing in his piazza, which was open at each end, he says the mercury in liahrenheit's thermometer stood at 102 in the shade. Twice had it risen to that height during the summer, several times to 100, and for many days together to 98; and in the night did not sink below 89. He thought it highly probable, that the inhabitants of savanna breathed hotter air than any other people upon earth. The town being situated on a sandy eminence, the reflection from the dry sand, when there is little or no agitation in the air, greatly in- creases the heat; for by walking 100 yards from his house upon the sand, under his umbrella, with the thermometer suspended by a thread to the height of his nostrils, the mercury rose to 105. The same thermometer he had with him in the equatorial parts of Africa, in Jamaica, and in the Leeward Islands ; yet by his journals he found that it had never in any of these places risen so high. Its general station was between 79 and 86. He acknowledges, how- ever, that he felt these degrees of heat in a moist air more disagreeable than at Savanna, when the thermometer stood at 81 in his cellar, at 102 in the story above it, and in the upper story of his house at 105. On the 10th of December the mercury was up at 86, on the 1 1th down as low as 38, on the same instrument. Such sudden and violent changes, especially when they happen frequently, must seri- ously injure the human constitution; yet he asserts that few people die at Savanna out of the ordinary course, though many were working in the open air, exposed to the sun during this extreme heat. As this governor was a man of sense and erudition, and no doubt made his observations with great accu- racy, we shall not presume to call in question the facts he relates ; but it is very unusual for the mer- cury to rise so high in the shade at Charlestown, and we believe it very seldom happens to do so in Georgia. It may be added, that the situation of Savanna, surrounded with low and marshy lands, and liable to sudden and great changes in the weather, as in Carolina, is very bad; and the maritime parts of both provinces must, be ranked among the most un- healthy climates in the world. The peace with France Boundaries of East and West Florida The southern provinces left secure En- couragement given to reduced officers and soldiers Georgia begins to flourish Emigrations to Caro- lina Regulations relative to the Indians John Stuart, superintendant for Indian affairs Decrease of Indians, and the causes of it Population and trade of the province. The peace of Paris, though condemned by many unquestionably placed America in the most advan- tageous situation. As the war there arose from a con- test about the limits of the British and French terri- tories, by the seventh article of this treaty it was agreed, " That, for the future, the confines between the dominions of his Britannic majesty and those of his most Christian majesty in that part of the world should be fixed irrevocably, by a line drawn along the middle of the river Mississippi, from its source to the river Iberville, and from thence by a line drawn along the middle of the river and the lakes Maurepas and Pontchartrain tc the sea " And by the twentieth article, " His Catholic ma- jesty ceded and guaranteed in full right to his Bri- tannic majesty, Florida, with Fort Augustine and the bay of Pensacola, as well as all that Spain pos- sessed on the continent of North America, to the east or south-east of the river Mississippi, and in general every thing depending on the said countries and lands, with the sovereignty, property, posses- sion, and all rights acquired by treaties or otherwise, which the Catholic king and the crown of Spain have had till now over the said countries, lands, places, and other inhabitants." By these articles the southern provinces were rendered perfectly se- cure, and, considering the nature of the country, no frontiers could be more distinctly defined. Great pains were taken to acquire an exact know- ledge of the new acquisitions, which were divided into three separate independent governments, under officers \vho had distinguished themselves during the UNITED STATES. 997 war. The government of East Florida was bounded to the westward by the Gulf of Mexico and the river Apalachicola; to the north by a line drawn from that part of the above-mentioned river where the Ca- tabouchee and Flint rivers meet, to the source of St. Mary's river, and by the course of the same river to the Atlantic Ocean ; and to the east and south by the Atlantic Ocean and the Gulf of Florida, includ- ing all islands within six leagues of the sea-coast. The government of West Florida was bounded to the southward by the Gulf of Mexico, including all islands within six leagues of the sea-coast, from the river Apalachicola to Lake Pontehartrain ; to the westward by the said lake, the lake Maurepas, and the river Mississippi; to the north by a line drawn due east from that part of the river Missis- sippi which lies in 31 degrees of north latitude, to the river Apalachicola, or Catabouchee ; aud to the east by the said river. All the lands lying between the rivers Alatamaha and St. Mary : s were annexed to the province of Georgia. The possession of these two provinces of East and West Florida, though of themselves little better than an immense waste, was of great importance to the neighbouring provinces of Georgia and Carolina. It deprived the Spaniards of a strong hold from which they could send out an armed force and harass these provinces, and of an easy avenue through which they had often invaded them. It removed troublesome neighbours out of their way, who had often instigated the savages against them, and made Augustine an asylum for fugitive slaves. It opened some convenient ports for trade with Britain and the West Indies, and for annoying French and Spanish ships coming through the Gulf of Florida, in case ot any future rupture. It formed a strong frontier to the British dominions in that quarter, and furnished an immense track of improvable land for reduced officers, soldiers, and others, to settle and cultivate. Grants were made to officers and soldiers who had served during the late war, and orders were given to the governors on the continent, to grant, without fee or reward, 5000 acres to every field-officer who had served in America, 3000 to every captain, 2000 to every subaltern, 200 to every non-commiasioned officer, and 50 to every private man ; free of quit- rents for ten years, but subject, at the expiration of that term, to the same moderate quit-rents as the lands in the other provinces, and to the same con- ditions of cultivation and improvement. In the new colonies, for the encouragement of the people, they were to be allowed civil establishments, similar to those of the other royal governments on the conti- nent, so soon as their circumstances would admit. No province on the continent felt the happy effects of this public security sooner than the pro- vince of Georgia, which had long struggled under many difficulties, arising from the want of credit from friends, and the frequent molestations of enemies. During the late war the government had been given to James Wright, who governed the province with justice and equity ; and discovered the excellence of its low lands and river swamps, by the proper management and cultivation of which he acquired in a few years a plentiful fortune. His ex- ample and success gave vigour to industry, and pro- moted a spirit of emulation among the planters for improvement. The rich lands were sought for with ardour, and the British merchants observing the province safe, and advancing to a hopeful and flou- rishing state, were no longer backward in extend- ing credit to it, but supplied it with negroes, and goods of British manufacture, with equal freedom as the other provinces on that continent. The trade of the province kept pace with its progress in culti- vation. The rich swamps attracted the attention not only of strangers, but even of the planters of Carolina, who had been accustomed to treat their poor neighbours with the utmost contempt, se- veral of whom sold their estates in that colony, and moved with their families and effects to Georgia. Many settlements were made by Carolineans about Sunbury, and upon the great river Alatamaha. The price of produce at Savanna arose as the quantity increased, a circumstance which contributed much to the improvement of the country. The planters situated on the opposite side of Savanna river found in the capital of Georgia a convenient and excellent market for their staple commodities. In short, from this period the rice, indigo and naval stores of Georgia arrived at the markets in Europe in equal excellence and perfection, and, iu proportion to its strength, in equal quantities with those of its more powerful and opulent neighbours in Carolina. To form a judg- ment of the progress of the colony, we need only attend to its exports. In the year 1763, the exports of Georgia consisted of 7500 barrels of rice, 96331t>s. of indigo, 1250 bushels of Indian corn, which, to- gether with deer and beaver-skins, naval stores, provisions, timber, &c. amounted to no more than 27,02R sterling ; but afterwards the colony thrived and increased in a manner so rapid, that, in the year 1773, it exported staple commodities to the value of 121,6772. sterling. No less favourable were the blessings of peace and security to their neighbours of Carolina; for never did any country flourish and prospei in a more as- tonishing degree than this province did subsequently to the late mentioned war. The government had been given to Thomas Boone, who was not only a native of the province, but had a considerable estate in it, which naturally rendered him deeply inte- rested in its prosperity. The assembly appropriated a large fund for bounties to foreign Protestants, and such industrious poor people of Britain and Ireland as should resort to the province within three years, and settle on the inland parts. Two townships, each containing 48,000 acres, were laid out; one on the river Savanna, called Mecklenburgh, and the other on the waters of Santee at Long Canes, called Lon- donderry ; to be divided among emigrants, allowing 100 acres for every man, and 50 for every woman and child, that should come and settle in the back woods. The face of the country in those interior parts is variable and beautiful, and being composed of hills and valleys, rocks and rivers, there is not that stagnation in the air, which is so exceedingly injurious in the flat marshy parts of the province. In consequence of the encouragement offered, it was hoped that multitudes would resort to Carolina, and settle those extensive and fruitful territories in the back woods, by which means the frontiers of the province would be strengthened, its produce in- creased, and its trade enlarged. Not long after this a remarkable circumstance oc- curred in Germany, by which Carolina received a great acquisition. One Stumpel, who had been an officer in the king of Prussia's service, being re- duced at the peace, applied to the British ministry for a tract of land in America, and having got some encouragement returned to Germany, where, by de- ceitful promises, he seduced between 500 and 600 ignorant people from their native country. When these poor Palatines arrived in England, the officer THE HISTORY OF AMERICA. finding himself unable to perform his promises, fled, leaving them in a strange land, without money, without friends, exposed in the open fields, and ready to perish through want. While they were in this starving condition, and knew no person to whom they could apply for relief, a humane clergyman, who came from the same country, took compassion on them, and published their deplorable case in the newspapers. A bounty of 300Z. was allowed them by government ; tents were ordered from the Tower for the accommodation of such as had paid their passage and been permitted to come ashore ; and money was sent for the relief of those that were con- fined on board. The liberal citizens of London formed a committee on purpose to raise money for the relief of these poor Palatines. A physician, a surgeon, and man-midwife, generously undertook to attend the sick gratis; and from different quarters benefactions were sent to the committee, and in a few days these unfortunate strangers, from the depth of indigence and distress, were raised to comforta- ble circumstances. The committee finding the money received more than sufficient to relieve their present distress, applied to the government for advice, which sensible that Carolina had not its proportion of white inhabitants, signified its desire of transporting them thither. Another motive for sending them to Caro- lina was the bounty allowed to foreign Protestants by the provincial assembly, so that when their source of relief from England should be exhausted, another would open after their arrival in that province, which would help them to surmount the difficulties attending the first state of cultivation. They were highly delighted at this arrangement ; and two $hips, of 200 tons each, were provided for their ac- commodation, with provisions of all kinds ; and 150 stand of arms from the Tower, were given them for their defence after their arrival in America. Every thing being thus arranged for their embarkation, the Palatines broke up their camp in the fields behind Whitechapel, and proceeded to the ships attended by several of their benefactors ; of whom they took their leave with songs of praise to God in their mouths and tears of gratitude. In the month of April 1764, they arrived at Charlestown, and presented a letter from the lords commissioners for trade and plantations to Governor Boone, desiring that as many of them as were versed in the culture of silks and vines, should have settle- ments provided in the situations most proper for those purposes. Though their settlement met with some obstructions from a dispute subsisting at that time between the governor and assembly about cer- tain privileges of the house ; yet the latter could not help considering themselves as laid under the strong- est obligations to make provision for so many useful settlers; and accordingly, in imitation of the noble example set before them in London, they voted 500/. sterling to be distributed among the Palatines, according to the directions of the lieutenant-gover- nor, and iheir necessities. That they might be set- tled in a body, one of the two townships, called Lon- donderry, was allotted for them, and divided in the most equitable manner into small tracts, for the accommodation of each family. Captain Calhoun, with a detachment of the rangers, had orders to meet them by the way, and conduct them to the place where their town was to be built, and all pos- sible assistance was given towards promoting their sjitedy and comfortable settlement. Besides foreign Protestants, several persons from England and Scotland resorted to Carolina after (he peace. But of all other countries none has furnished the province with so many inhabitants as Ireland . In the northern counties of that kingdom the spirit of emigration seized the people to such a degree, that it threatened almost a total depopulation. Such multitudes of husbandmen, labourers and manufac- turers flocked over the Atlantic, that the landlords began to be alarmed, and to concert means for pre- venting the growing evil. Scarcely a ship sailed for any of the plantations that was not crowded with men, women and children. But the bounty allowed new settlers in Carolina proved a great encourage- ment, and induced numbers of these people, not- withstanding the unhealthiness of the climate, to re- sort to that province. The merchants finding this bounty equivalent to the expenses of the passage, from avaricious motives persuaded the people to em- bark for Carolina, and often crammed such numbers of them into their ships that they were in danger of being stifled during the passage, and sometimes were landed in such a starved and sickly condition, that numbers of them died before they left Charles- town. Many causes maybe assigned for this spirit of emigration that prevailed so much in Ireland : but of all other causes oppression at home was the most powerful ; which was of such a kind that many preferred the unwholesome climate of Carolina, to that of their mother-country. The success that at- tended some friends who had gone before them being also industriously published in Ireland, and with all the exaggerations of travellers, gavti vigour to tha spirit of adventure, and induced multitudes to follow their countrymen, and run all hazards abroad, rather than starve at home. Government connived at these emigrations, and every year brought fresh strength to Carolina, insomuch "that the lands in Ireland were in danger of lyiug waste for want of labourers, and the manufactures of dwindling into nothing. Nor were these the only sources from which Ca- rolina, at this time, derived strength and an increase of population. For, notwithstanding the vast ex- tent of territory which the provinces of Yirginiaand Pennsylvania contained, yet such was the nature of the country, that a scarcity of improveable lands began to be felt in these colonies, and poor people could not find spots in them unoccupied equal to their expectations. Most of the richest valleys in these more populous provinces lying to the east of the Alleghany mountains were either under patent or occupied, and, by the royal proclamation at the peace, no settlements were allowed to extend be- yond the sources of the rivers which empty them- selves into the Atlantic. In Carolina the case was different, for there large tracks of the best lands as yet lay waste, which proved a great temptation to the northern colonists to migrate to the south. Ac- cordingly, about this time above 1000 families, with their effects, in the space of one year resorted to Ca- rolina, driving their cattle, hogs and horses over land before them. Lands were allotted them on the frontiers, and most of them being only entitled to small tracts, such as one, two or 300 acres, the back settlements by this means soon became the most populous parts of the province. The frontiers were not only strengthened and secured by new set tiers, but the old ones on the maritime parts began also to stretch backward and spread their branches, in consequence of which the demand for lands in the interior parts every year increased. The governor and council met once a-month for the purpose of granting lands and signing patents, and it is incre- UNITED STATES. 999 dible what numbers of people attended those meet- ings in order to obtain them ; so that, from the time in which America was secured by the peace, Carolina made a most sudden rapid progress in po- pulation, wealth and trade. In proportion as the province increased in the number of white inhabitants, its danger from the savage tribes grew less alarming. But to prevent any molestation from the Indians, and establish the peace of the colonies on the most lasting foundation, the English government, by royal proclamations after the peace, took care to fix the boundaries of their hunting-lands, in as clear a manner as the nature of the country would admit. No settlements were allowed to extend any further backward upon the Indian territories, than the sources of those great rivers which i'all into the Atlantic Ocean, and all British subjects who had settled beyond those limits were ordered to remove. In this restriction a dis- tinction was evidently made between the rights of sovereignty and those of property ; the gover- nors being excluded from all manner of jurisdiction over those lands which were not specified within the limits of their respective provinces. All private sub- jects were prohibited from purchasing lands from Indians ; but if the latter should at any time be in- clined to dispose of their property, it must for the future be done to the king, by the general consent of their nation, and at a public assembly held by British governors for that purpose. All traders were obliged to take out licences from their respective governors for carrying on commerce with Indian nations. Such regulations were in many respects useful and necessary ; for the French and Spaniards being excluded, it only remained to guard the provinces against the danger arising from Indians. And as they were liable to much abuse and oppression from private traders, it was thought necessary that the office of a superintendant should be continued for the southern as well as the northern district of Ame- rica. Accordingly this office was given to Captain John Stuart, who was in every respect well qualified for the trust. Attakullakulla had signified to the governor and council, after the Cherokee war, that the province would receive no molestation from In- dians were this officer appointed to reside among them, and to advise and direct them. The assembly had not only thanked him for his good conduct and great perseverance at Fort Loudon, and rewarded him with 1501M. currency, but also recommended him to the governor as a person worthy of prefer- ment in the service of the province. After his com- mission arrived from the king, the Carolineans re- joiced, and promised themselves for the future great tranquillity and happiness. Plans of lenity were likewise adopted by government with respect to those Indian tribes, and every possible precaution was taken to guard them against oppression, and prevent any rupture with them. Experience had shown that rigorous measures, such as humbling them by force of arms, were not only very expen- sive and bloody, but was repugnant to humanity, and seldom accompanied with any good effects. It has been remarked, that the Indians who were at the time of its discovery a numerous and formidable people, have since that period been constantly de- creasing. For this rapid depopulation many reasons have been assigned. It is well known that popula- tion every where keeps pace with the means of sub- sistence. The Indians being driven from their pos- sessions near the sea as the settlements multiplied, were robbed of many necessaries of life, particu- larly of oysters, crabs, and fish, with which the ma- ritime parts furnished them in great abundance, and on which they must have nearly subsisted, as is ap- parent from a view of their camps, still remaining near the sea-shore. But famine and war, from which they suffered so much, were not the only causes of their rapid decay. The small-pox having broken out among them, proved exceedingly fatal, both on account of the contagious nature of the distemper, and their harsh and injudi- cious attempts to cure it by plunging themselves into cold rivers during its most violent stages. The pestilence also appeared among some nations, par- ticularly among the Pemblicos in North Carolina, and almost swept away the whole tribe. The practice of entrapping them, which was encou- raged by the first settlers in Carolina, and selling them for slaves to the West Indian planters, helped greatly to thin their nations. But of all other causes, the introduction of spirituous liquors among them, for which they discovered an amazing fondness, has proved the most destructive. Excess and intemper- ance not only undermined their constitution, but also created many quarrels, and subjected them to a numerous list of fatal diseases, to which in former times they were entire strangers. Besides those Europeans engaged in commercial business with them, generally speaking, have been so far from re- forming them, by examples of virtue and purity of manners, that they rather corrupted their morals, and rendered them more treacherous, distrustful, base and debauched than they were before this intercourse commenced. In short, European avarice and am- bition have not only debased the original nature and stern virtue of that savage race, so that those few Indians that now remain have lost in a great mea- sure their primitive character ; but European vice and European diseases, the consequences of vice, have reduced this unhappy people so much that many nations formerly populous are totally extinct. The principal tribes around Carolina that remain are, the Cherokees, the Catabaws, the Creeks, the Chickesaws, and Choctaws, and a few others, that scarcely deserve to be mentioned. In 1765 the Cherokees, who inhabited the mountains to the north of Charlestown, could scarcely bring 2000 men to the field. The Catabaws had fifteen miles square allotted them for hunting-lands, about '200 miles north of Charlestown, with British settlements all around them ; but they were so much reduced by a long war with the Five Nations, that they could not muster 150 warriors. The Creeks inhabit a fine country on the south-west, between 400 and 500 miles distant from Charlestown, and the number of both the upper and lower nations does not exceed 2000 gun-men. The Chickesaw towns lie about 600 miles due west from Charlestown, but the nation annot send 300 warriors to the field, owing to the incessant wars which they have carried on against the French, by which their number has been greatly diminished. The Choctaws are at least 7UO miles west-south-west from Charlestown, and had be- tween 3,000 and 4,000 gun-men. It is the geueial opinion, however much humanity may deplore it, that the Red man must fall before the White; these wild, and, in many respects, noble savages seem, from their best characteristics, to be rendered inca- pable of assimilating to the intruders of their native soil. Their fierce disdain, and erroneous pride, gradually drives them further from the advances of civilization. Their means of subsistence lessen; they 1000 THE HISTORY OF AMERICA. are exasperated into hostilities ; and thus they are gradually vanishing from the immense regions which they once solely possessed. Having now brought the history of this State down to the period of the great war, we shall con- clude our separate account of it with the following statement of its then existent state, as regards po- pulation and trade. In 1765 the number of white inhabitants in Charlestown amounted to between 5000 and 6000, and the number of negroes to be- tween 7000 and 8000. With respect to the number of white inhabitants in the province we cannot be certain, but we may form some conjecture from the militia roll ; for as all male persons, from sixteen to 60, are obliged by law to bear arms, and muster in the regiments, and as the whole militia formed a body of between 7000 and 8000, reckoning the fifth person fit for military duty, the whole inhabitants in the province might amount to near 40,000. But the number of negroes was not less than 80,000 or 90,000. As no exact register of the births and fune- rals had been kept at Charlestown for several years, we cannot ascertain the proportion between them. Previously, when bills of mortality were annually printed, the common computation was, that, while no contagious disorder prevailed in town, one out of 35 died yearly, or one out of each family in the space of seven years. However, the list of deaths is often increased by the sailors and transient per- sons that die in the town, and by malignant distem- pers imported into it. The merchants in Carolina are a respectable body of men, industrious and indefatigable in business, free, open, and generous, in their manner of con- ducting it. The whole warehouses in Charls.stown were like one common store, to which every trader had access for supplying his customers with those kinds of goods and manufactures which they wanted. The merchants of England, after the peace with France, in 1763, observing the colonies perfectly se- cure, and depending on the strength of the British navy for the protection of trade, vied with each other for customers in America, and stretched their credit to its utmost extent lor supplying the provinces. Hence every one of them were well furnibhed with all kinds of merchandise. And as the staples of Ca- rolina were valuable, and in much demand, credit was extended to that province almost without limita- tion, and vast multitudes of negroes, and goods of all kinds, were yearly sent to it. In proportion as the merchants of Charlestown received credit from England, they were enabled to extend it to the planters in the country, who purchased slaves with great eagerness, and enlarged their culture. Though the number of planters had much increased, yet they bore no proportion to the vast extent of terri- tory, and lands were still easily procured, either by patent or by purchase. According to the number of hands employed in labour, agriculture prospered, and trade was enlarged. An uncommon circum- stance also attended this rapid progress, which was favourable to the planting interest, and proved an additional incentive to industry. The price of staple commodities arose as the quantity brought to market increased. In 1761 rice sold at 40*. per barrel, and in- digo at two shillings per lf ; but in 1771 in so flourish- ing a state was commerce that rice brought at market 3J. 10s. per barrel, and indigo three shillings per ft>. At the same time the quantity increased so much, that the exports of Carolina amounted, upon an average, of three years after the peace of 1763, to 395,666J. 13s. 4d. ; but in 1771, the exports in that year alone arose to a sum not less than 756,000/. sterling. But the imports must have been very great, as the pro- vince, notwithstanding this amazing increase, still remained in debt to the mother-country. LOUISIANA AND FLORIDA. [ALTHOUGH these States were not incorporated with i the United States until long after the revolutionary ' war, it will be necessary to give some historical ac- count of them; as they were early peopled by Euro- peans, in this respect differing from the other States of Tennessee, Ohio, &c., which, until taken posses- sion of by the States' Government, were only tran- siently occupied by wandering Indians. Our notice of Florida can only be incidental, for its history contains little but what has already been narrated in the account of Carolina. In 1830 the population was only 34,723, of whom 15,510 were slaves.] Discovery Vasquez's piratical visit Expedition of Narvaez also of Soto Moscoso succeeds him Ad- ventures of Ribaut Fort Carolina built Further discoveries Distress of the colony Spaniards in Florida Fort Carolina taken by them Merciless contests between the French and Spaniards Ac- count of, and war with, the Indian* La Sale's progress, and death Adventures of Joutd Disco- very of the Mississippi State of Louisiana Ad- ventures vf St. Denys Peace of 1763 Account of the Indians. Louisiana is chiefly that country lying upon the river Mississippi, which the French settled in the latter end of the 17th century; but it also comprises a part of Florida, of which the Spaniards pretend to be the first discoverers. (A.D. 1512.) John Ponce de Leon, sailing from the island of Puerto Rico with three ships, on the 3rd of March, and steering north-west, made land on the 3rd of April following, in the latitude of 30 de- grees and 8 minutes north. As the Spaniards of those days thought themselves sufficiently warranted, by the pope's grants, to take possession of the lands in America, he went through that ceremony, ami named the country where he landed Florida, because he discovered it upon Easter-day, or what the Spa- niards call Pasqua des Fiores. He then sailed to- wards the south, coasting along the shore, but could not, for some time, discover any of its natives; at UNITED STATES. 1001 last, seeing some savages, he ventured to land, and they attempting to rob him of his boat, a skirmish ensued, in which two Spaniards were wounded. He afterwards, in going to water, made prisoner one of the natives, who served him as a guide and interpreter, and erected a cross, with an inscription, upon the banks of a river, which is from thence called Rio de la Cruz. All this while Ponce imagined Florida to be an island, and. in that persuasion, returned through the Lucaya islands to Porto Rico. That Florida was discovered long before this, ap- pears from Sebastian Cabot's own words in 1496. " But after certain days, I found that the land ran towards the north, which was to me a great displea- sure. Nevertheless, sailing along by the coast, to see if I could find any gulf that turned, I found the land still continent to the 56th degree under our pole ; and seeing that there the coast turned toward the east, despairing to find the passage, I turned back again, and sailed down by the coast of that land toward the equinoctial (ever with an intent to find the said passage to India), and came to that part of this firm land which is now called Florida, where my victuals failing, I departed from thence, and returned into England." No further attempts seem to have been made after that of Leon for eight years by the Spaniards to pursue this discovery; and if we are to credit the French writers, their Canadians at that time actu- ally traded with the savages of Florida. In the year 1520, Luke Vasquez of Aylon, with some asso- ciates, formed the inhuman project of stealing some natives from the neighbouring islands, to supply the scarcity of hands in working the Spanish mines. Fitting out two ships, he sailed from the harbour of Plata in Hispaniolai to the Lucaya islands, and from thence proceeded to that part of Florida now called St. Helena, lying in the 32nd degree of north lati- tude. The natives, mistaking his ships for two monstrous fishes driving towards the shore, ran in crowds to view them ; but, seeing them land, they were so struck with the clothing and appearance of the Spaniards, that they fled in the utmost con- sternation. Two of them, however, were taken pri- soners, and the Spaniards carrying them on board, gave them food and drink, and sent them back on shore clothed in Spanish dresses. This insidious kindness had its desired effect with the unsuspecting savages. The king of the country admired the dresses, and the Spanish hospitality* so much, that he sent 50 of his subjects to the ships with fruit and provisions ; ordered his people to attend the Spani- ards whenever they had a mind to visit the country ; and made them rich presents of gold, plates of silver, and pearls. The Spaniards, having learned all they could concerning the country, watered, and re-vic- tualled their ships, and invited a great number of the Indians on board, where they plied them with strong liquor, and weighing anchor, carried them oft in a state of intoxication. This villany, however, had not all the success its perpetrators expected. Most of the unhappy savages either pined to death, or were wrecked in one of the ships that foundered at sea; and only a very few suffered a fate worse than death, that of being carried into Spanish slavery. This infamous treachery obtained to Vasquez from his Catholic Majesty, the reward of a discoverer of ships was wrecked near cape St. Helen. These losses, and his perceiving that the advantages arising from his discoveries were but inconsiderable, induced him to return to Hispaniola, where the disappoint- ment is said to have broken his heart. The next adventurer in the discovery of Florida was Pamphilo Narvaez, who obtained from Charles V. a grant of all the lands lying from the river Palms to the boundaries of Florida, a space of territory so indefinite, that it reached as far as the adventurers pleased to extend it on a map. In 1528 he sailed from Cuba with 400 foot, and twenty horse, and ar- rived at Florida on the 12th of April. His anchor- ing-place was so near the land, that he could discover the huts of the savages from his ships, and going on shore, he found a utensil made of gold, which they had left behind them in their flight ; a circumstance from which he concluded that all their other utensils were of the same metal ; and, landing his troops, he again took possession of the country for the king of Spain. The Indians seemed displeased at this ce- remony ; but such was the innate benevolence of the people, that many of them came and supplied him and his soldiers with maize. Proceeding up the country, he discovered four wooden boxes, contain- ing bodies wrapped up in painted skins, and upon them lay some pieces of stuffs, both linen and woollen, with some gold, which increased his sanguine ex- pectations as to the richness of the country. He ordered his troops to march by land, and his ships to attend him by sea, and the scene of his adventures seems to have lain towards the north coast of the gulf of Mexico. On the 1st of May he began his long, painful, and romantic march, against the re- monstrances of his treasurer. The fatigues his men underwent were very great ; but the few inhabitants they met with were humane and hospitable. An Indian prince, clothed in a stag's hide elegantly painted, with attendants, who blew horns, treated them in his towns with maize and venison. Rude as those nations were, they knew that gold was the great motive of the Spanish invasions, and their constant custom was to shift, upon more distant nations, the crime of possessing that mischievous metal. The natives, where Narvaez landed, pre- tended they had it from the Apalaches, and their report engaged him in that laborious march. At last, on the 25th of June, he reached to the village of Apalache, which consisted of no more than 40 cottages; but those constructed with all the conve- niences, and furnished with all the comforts of savage elegance, all which he plundered, many of the un- suspecting natives flying to their marshes, but their cazique, or prince, fell into his hands. Narvaez re- mained at Apalache 25 days, but could make no discoveries. After a march of nine days southwards, during which they were harassed by the savages they came to Aute, a village situated in a country abounding with corn and all the necessaries of life. The opposition which those Indians made to their entering the town, brought on a sharp engagement, wherein several Spaniards were killed; but Nar- vaez at last made good his quarters, and became master of large quantities of maize, peas, gourds, and other vegetables. Notwithstanding this sea- sonable relief, his army was in so miserable a con- dition, and the country round was so unpromising, new lands. In 1524 he sent over more ships to that he was forced to direct his march towards the Florida, and next year went thither in person with sea, his ships being now the only refuge his soldiers three vessels. No commodity in America was so could have to save them from perishing. It was precious as men : Vasquez lost 200 of his, who were with great difficulty they could provide a kind of landed, and cut off by the natives, and one of his , boat to cross the rivers in their way. Their ropes 1002 THE HISTORY OF AMERICA. were made of horse-hair, and their sails of the sol- diers' shirts, and the savages took advantage of their distress to cut off ten of their people. According to their computation, from the bay of Santa Cruz, where they landed, to the place of embarkation, they had marched above 800 miles. After they were embarked, they had numberless dangers and diffi- culties to encounter. They were embayed among shoals and currents, distressed for want of water, and never landed without being attacked by the natives; so that many of them were cut off by the Indians, who at last wounded the governor, and had almost destroyed the whole army. His treasurer, Cabeca de Vaca, was one of the few that escaped ; and to him we owe the history of this expedition. When they were reduced to as much misery as human na- ture could sustain, they touched upon a part of the coast inhabited by people who were tender-hearted and humane. Those few who could land were hos- pitably relieved by the natives ; the rest were obliged to devour one another. Of eighty, fifteen only re- mained alive; and four of them, after having endured inexpressible miseries, arrived at Mexico ; but Nar- vaez himself was never heard of afterwards. (A. D. 1539.) Notwithstanding the unfortunate events attending the above three expeditions to Flo- rida, Ferdinand de Soto, who was governor of Cuba, received from Charles V. the title of marquis of Florida, or, more properly, of the lands he should conquer in that country. This adventurer was brave, enterprising, and persevering, from no principle but that of avarice. On the 12th of May, 1539, he em- barked, on board nine ships, 350 horse, and 900 foot. This was the most formidable armament, of Europe- ans that, till then, had appeared in North America; for his number of sailors was proportionable, and he carried with him all kinds of necessaries. On the 25th of the same month he came to anchor in the bay of Spiritu Sancto, and there disembarked, while the natives, at sight of his ships, gave alarms by fires all over the country. Moscoso, who seems to have been the first in command under Soto, drew up the army, and, without resistance, took posses- sion of a small village, where was a temple, which served as a lodgment ; and here the army was can- toned; but the Spaniards met with an irreparable loss by the desertion of two Floridan interpreters; and the country round was so marshy, that they could, at first, lay bold of none oFthe natives. Soto's soldiers at last took four of them, but they were res- cued by their countrymen, who furiously attacked, and drove the Spanish detachment back to their head-quarters. Another party fell upon ten or twelve Indians, amongst whom was John Ortiz, a noble Spaniard, who could not be distinguished from a native of the country. He had served under Nar- vaez, and been taken prisoner, but his life was spared by the Floridans. He surrendered himself to his countrymen, and persuaded the Indians to go along with the detachment to the Spanish camp, where they were received with great e-xultation. Ortiz, it seems, owed his life to the interposition of a female, daughter of the chief by whom he was taken. Humanity alone was her motive, without any amorous inclination ; for she advised Ortiz to fly to a neighbouring chief, who she knew would receive him favourably, and showed him in person part of his way. Moc'oso (for that was the name of the chief,) received him kindly, and favoured him with his particular protection above twelve years. When he heard of the landing of the Spaniards, he counselled him to join his countrymen, and gave him, for that purpose, the escort which the Spa- niards carried to their camp. Ortiz, being equipped as a Spanish officer of horse, informed Soto, that at the distance of 30 leagues, lay a plentiful country, governed by Paracoxi, one of the most powerful princes on that continent. Mocoso afterwards paid a friendly visit to the Spanish general, who made him a few presents, and dismissed him ; then Soto dispatched Balthazar de Gallegos to reconnoitre the country of Paracoxi with about 30 men : that chief hearing of the Spaniards approach, left his capital, but sent a deputation to know what they demanded, and whether he could be of service to them, but, at the same time, on pretence of an indisposition, de- clined paying the Spaniards a visit. Gallegos de- manded of the messenger, whether any country thereabouts produced gold and silver, and they di- rected them to a province called Cale ; upon which Gallegos put them in irons, that they might be use- ful in the march ; but they found the town deserted. The army being at this time half-famished, were re- freshed by the maize they found at Cale, the only commodity it produced. The natives, willing to get rid of their rapacious guests, directed the general to another plentiful province, called Palache ; and thither he marched against the advice of all his offi- cers, carrying along with him, prisoner, the cazique of Caliquieu, a province through which he passed. The Indians several times applied with great humi- lity for the deliverance of their chief, but that favour being denied them, Ortiz, who understood their lan- guage perfectly well, learned from a native, that the cazique's subjects and friends had assembled, to the number of 400 men, in a neighbouring wood, to deliver him by force. Nevertheless, they very ci- villy sent two messengers to intercede with the ge- neral for their cazique's deliverance; but knowing where the main body was posted, he ordered his soldiers to fall upon them, and 40 were put to the sword, while the rest, leaping into the water, were surrounded by the Spanish horse in such a manner, that all of them but twelve, who resolved to die ra- ther than become slaves, were obliged to surrender. Their slavery was so dreadful, that they rose upon the Spaniards, and, though armed with clubs only, killed many of them ; but at last they were subdued, bound to stakes, and shot by the Paracoxi Indians, many of whom attended the Spanish camp. Soto pursued his march to Palache, through various places and provinces, the names of which are now lost ; all the way chaining together the miserable natives who fell into his hands, and forcing them to carry the baggage of his soldiers. Upon his arrival he quartered his army round the residence of that cazique, and was plentifully supplied with maize, beans, cucumbers, and a sort of wild plums, more- delicious than any to be found in Europe. Palache, lying within ten leagues of the sea, Soto detached one of his officers, Maldonado, to reconnoitre, and to try whether he could discover any country producing gold, or a good harbour. Maldouado discovered an excellent harbour, and was sent by the general to the Havannah, to procure a supply of arms and utensils. A young Indian prisoner being brought before Soto, gave him an account, that far off "to- wards the east, lay a province called Yupaha, which produced abundance of gold ; and he described the manner of melting and refining it with so much ac- curacy, that the Spaniards thought it impossible they should be deceived. Leaving Palache. there- fore, they began a most arduous, difficult, and dan- gerous march to Yupaha, in which most of their UNITED STATES. 1003 Indian prisoners perished through fatigue. The first place they arrived at was Capachiqui, from whence they proceeded to Toalli. where they found the natives living in a convenient comfortable man- ner, far beyond all the Floridans they had seen. The next town m their route was Achese, where Soto impudently pretended to the cazique, who hos- pitably came to visit him, that he was the son of the Sun, and set at liberty all the cazique's subjects whom he had taken prisoners. On the 24th of April, the army arrived at Altaraca ; and from thence advanced to Ocute, where the cazique sent 2000 men with pre- sents to the general, and gave him 400 of his sub- jects for service. The Spaniards afterwards visited Cosaqui, and Patofa ; the country all the way for f)f) miles presenting a most beautiful appearance. The Patofans said they knew of no such country as Yupaha; but Soto still pursued his march to the eastward, though the Patofans directed him to a fertile province lying to the north-west. The march proved so tedious, that the general threatened to throw the young Indian who had deceived him to the dogs ; but he was saved by the interposition of Ortiz. Soto, in vain, sent out parties to make dis- coveries, and his army must have perished for want of provisions, had it not been for some swine he had brought to Florida, and carried along \vith him, and which had multiplied extremely. At last Dan- husco, one of his officers, who had been sent out on a reconnoitring party, returned with an account of his having discovered a town, at the distance of about 36 miles; a report which revived the spirits of the army ; but they were obliged to dismiss the Patofans, who had served the Spaniards with great fidelity and affection. On the 2Gth of April the general took possession of this town, and understood that near it lay another nation, called Catifachiqui, which was governed by a woman. Soto sent his com- pliments to that princess, who returned her's by her sister; and soon after she herself appeared in a canoe, attended by many others, with all the state of her country. She was received with great solem- nity by Soto, whom she presented with a fine pearl necklace, and supplied his army with provision. Her country was pleasant, and her people more . civilized than Soto had met with in Florida, wearing clothes and drawers. Here the Spaniards found a very advantageous port for the ships from New Spain, Peru, St. Martha, and the main ; and most of them wanted to settle on the spot; but gold being the sole view of the general, he rejected all their applica- tions, and, pretending that Maldonado was to wait for them at Ochuse, prepared to set out for Catifa- chiqui. The Spaniards had behaved with such rudeness and barbarity to the attendants of the female cazique, that she had formed a design of escaping from them, but was most infamously put under arrest by Soto, notwithstanding the generous manner in which she had received him, and obliged to attend his army on foot as a prisoner for seven days' march through a desert country, until they reached Chalagne. Thus basely betrayed into slavery, she discovered no sign of reluctance or discontent ; but ordered her subjects to carry the Spanish baggage, and dissembled so well, that on their march to Xualla, she found means to escape, carrying oft' with her a casket of very valuable pearls. This elopement was a great morti- fication and disappointment to Soto, who intended to have kept her as a pledge for his own security, in traversing tha extended dominions she possessed, many of the neighbouring caziques being her tribu- taries. In the mean time, he sent a messenger to the cazique of Chiaha, desiring him to provide maize for his army, as he intended to reside for some days in his dominions. The country from Catifachiqui was beautiful and fertile, and "naturally produced fruit as delicious as any to be found in the best Eu- ropean gardens. After five days' march, the army approached Chiaha, where the general met with a most hospitable reception from the cazique; the Spaniards here found lard made of bears' fat, and likewise honey, the first they had seen in Florida. This country presented them with the face of tran- quillity ; the people were generous and peaceable ; and the soil so fertile, that the Spanish horses soon grew fat in grazing in the neighbouring meadows. In short, the situation of the Spaniards here, after the vast fatigue they had undergone, was so agree- able, that Soto did not resume his march for 30 days : he then demanded of the cazique 30 of his subje'cts to carry his baggage ; and obtained his request, with some difficulty ; for those princes are obliged on such occasions to consult their people. Soto's appetite for gold and silver still prevailed ; and the cazique of Acoste, who came to pay him his compliments, informed him, that the province of Chisca, towards the north, produced copper, with other metals of a more lively appearance. This in- formation was sufficient to add wings to his expedi- tion. On the 12th of July, he arrived at Acoste, where he was received with great hospitality by the cazique ; but his soldiers beginning to rans'ack and plunder the town, the Indians fell upon them, and the general's person being in the hands of the sa- agps, he must have lost his life, had he not, with great presence of mind, joined in chastising the pil- lagers. This act of justice reconciled the cazique to him so effectually, that he found means to draw him with some of his principal attendants to bis camp, where he put them all under arrest ; and declared that they should not regain their liberty till they hould have furnished guides for his soldiers. Hav- ing complied with these terms, he was n-leased ; the Spaniards proceeded to Tali ; and on the 16th of July arrived at Cosa, where the cazique of the place metthem in great state, before they entered the town. He was clothed in a robe of martens'-skins ; he wore on his head a feather diadem ; and the litter on which he sat was carried on the shoulders of his no- bles ; his other subjects played round it with instru- ments of music. The reception the Spaniards met with in this delightful country, which was well peo- pled, well cultivated, and abounded with all the beauties of nature, was the most hospitable that can b conceived ; for the inhabitants resigned even their own houses for the accommodation of the Spaniards. But when Soto, according to custom, put their ca- zique under arrest, the inhabitants fled to the woods, from whence they could not be drawn, but by the entreaties of the cazique himself, to carry the bag- gage of the Spaniards. On the 20th of August, Soto continued his march to Tallimachuse, Ilava, Ulliballi, Toasi, andTallise, a large town lying in the midst of a well cultivated country ; where he dismissed the cazique of Cosa, whom, till then, he had most ungratefully and un- generously detained in captivity. From thence he marched to Tascaluca, the residence of a powerful prince, who reigned over well cultivated and popu- lous countries. This cazique received Soto sitting in a balcony, with great state ; but the Spaniard seating himself by him, whispered in his car, that he was his prisoner, an;i he was obliged to attend hint 1004 THE 1IISTOR5T OF AMERICA. accordingly, in his march to Piache; but he found means to make his escape, and never more would maintain the least correspondence with the Spani- ards, whom he very justly considered as a cruel, ra- pacious, and perfidious race. Soto now wanted to treat with this Indian whom he had so lately at- tempted to enslave ; but his advances were treated with silent disdain. One of the savage chiefs being wantonly wounded by a Spaniard, the natives ran to arms, wounded and drove Soto out of their town, killed five of his attendants, and made prize ot all his valuable baggage, with a great quantity of arms. Soto regaining his camp, charged the savages at the head of his cavalry, and drove them behind the pali- sade, and then, bringing all his army up, he at- tempted to storm the town. The savages had sent off their cazique. with the most valuable baggage they had taken from the Spaniards, to a place of safety, and resolved to defend themselves to the last extremity ; but as they were, in a manner naked, the Spaniards forced their way into the town, and slaughtered the inhabitants to the number of 2500. Such are the infamous acts of inhumanity, that have marked the progress of the Spaniards in all their American conquests. On the 18th of November, Soto resumed his march, and after various adventures, arrived at Chicocha, where he resolved to pass the winter ; the country being pleasant and fertile. He was well received by the cazique ; but in the course of the winter the Spaniards behaved so little to the satisfaction of the natives, that in March, when Soto was about to move his army, he could not obtain a supply of Indians for his service. At last, the natives rose, and at- tacked the Spaniards in the night, setting fire to the town where they wore quartered. In all proba- bility, the whole body would have been destroyed, had not the horses, breaking loose, intimidated the savages, who retired with precipitation after having burned the town and all the Spanish effects it contained. Twelve Spaniards were killed, many wounded or scorched by the flames; but 50 horses were burnt, together with 400 pigs, an animal which the Spaniards had imported into Florida, where it throve prodigiously, and the Indians were so fond of its flesh, that many quarrels happened on that ac- count between them and the Spaniards. The latter had now no shelter against the inclemency of the weather, till a soldier invented a robe, woven of dry grass, which served as a kind of clothing to the whole army. Had the Indians attacked them in this distress, they might have been ruined ; but they de- layed giving them any molestation till the 15th of March, when the Spaniards were so well provided to receive them, that they were repulsed with the loss of 40 men. Soto then pursued his march ; but was opposed at Alimama, by the Indians, who had intrenched them- selves behind a palisade, and for some time fought them very bravely, till being obliged by the Spanish fire-arms to retire, they threw themselves into a river which they crossed by swimming. After a fatiguing inarch of seven days, the Spaniards surprised Quiz- quiz, and made the cazique's mother a prisoner. Soto intended to keep her as a pledge for her son's friendship, but offered to set her at liberty, provided the cazique would come to his camp. The savage refused to trust him, till his mother and all the other prisoners were delivered up, a condition with which Soto, whose army was upon the point of perishing, was obliged to comply. All that this compliance gained him, was liberty to proceed unmolested to Rio Grande. Here he found a station that afforded maize, and wood for building boats, and he was vi- sited in great state by the azique of the place, who was very powerful, attended by 200 canoes. After some conference, the cazique made a seasonable present of fish, and a sort of cakes, of plum paste ; but he could not be persuaded to land: and it was thought he would have attacked the Spaniards, had he found them off their guard. Our adventurers then crossed the river, which was the largest in Flo- rida, but were all the while exposed to the arrows of the savages. Traversing the province of Quixo, they entered that of Pacha, and proceeded to Cas- qui, the cazique of which being at war with him of Pacaha, through whose territories Solo's march lav, entertained him and his attendants very hospitably. The arrogant Spaniard pretending to be son of the Sun, the cazique brought him two blind men to be cured, as a proof of his divine extraction, which however he could not authenticate in this manner. Here his army passin* the river, upon a bridge most ingeniously constructed by the savages, and falling into the province of Pacaha, he was followed by the cazique of Casqui, and his army. The cazique of Pacaha, at first, stood upon the "defensive in a little island, from whence being driven, a considerable booty fell into the hands of the Casquiaris, who, find- ing that the Spaniards were strongly inclined to claim it, separated from their army ; a secession which obliged Soto to take the Pacahan cazique into his friendship, and, at last, to reconcile the two chiefs together. He remained 40 days in this station ; but, not being able to discover any road to Chisca, the fancied land of gold and silver, he returned to Casqui, and, on the 4th of August, arrived at Qui- gate, the largest town the Spaniards had seen in Florida. Great part of it was burnt by way of pre- caution by Soto, and its cazique being made pri- soner, he was by him directed to the province of Coligors to which they marched through a road so very marshy, that they were sometimes obliged to sleep in the water. Having travelled about 40 leagues in this uncomfortable manner, they pro- ceeded to Paliseme, and from thence to Tafulicoya, where the cazique furnished them with a guide to Cayas, where the army remained a whole month. Here the natives manufactured salt, a commodity which the Spaniards had not before seen in Florida, and the grass fattened their horses to an amazing degree. Soto, as usual, made the cazique his pri- soner, and demanded a guide to Tulla, which lay a clay and a halfs journey to the southward; but, he having been long at war with that people, no inter- rcter could be procured. Nevertheless Soto set out with a party of horse and foot; but was soon oblige i to return, the na- tives having fallen upon the army he hai left. The people of Tulla at first made resistance, but Soto cut off the right hands and noses of six individuals, and sent them in that condition to their cazique, threa- tening that, unless he submitted, he would treat himself and all his subjects in the same manner. This menace had the desired effect ; and amongst other presents he received, were a great many cow- skins covered with wool, as soft as that of sheep, which in that cold country was of infinite seivice to the Spaniards. Upon inquiry, he found that he was within 80 leagues of Autiamque ; which was de- scribed as a plentiful populous country, situated near a great lake, which he thought might be an arm of he sea. There he resolved to establish his winter- quarters, in hopes of being able to open a commu- UNITED STATES. 1 005 nicatio-n with Cuba. This was the more accessary as he had now lost above 250 of his men : and consequently needed a reinforcement. Having marched through the towns of Annouxi and Cata- maya, he arrived at Autiamque. and fortified his camp with a wooden palisade. The caziques sent him presents, but would not visit him in person : and perceiving from Soto's evasive manner, that he- in- tended to remain some time in his country, he at- tempted to force him away ; but Soto kept his people so alert, that his camp was not to be surprised, and the Indians could not attack him in any other man- ner. While he lay in this situation, his army had great plenty of provisions, and particularly of fine large rabbits. ut to them in their largest township, a fort and storehouses, with proper accommodations for a French garrison and a commissary ; that they should restore all the effects they had taken from the French, and indemnify them for all the other losses they had uffered in their country ; and that the nephew of heir grand chief, of whom the French complained, hould not stir out of the village on pain of having 4P 1026 THE HISTORY OF AMERICA. his brains beat out. The deputies approved of those articles which were read to them, and De Pailloux, a French officer, W5<5 dispatched with twenty men to get them ratified by the grand chief of the Natches. He entered their village with drums beating and colours flying, and was received with great cordi- ality by all the inhabitants, who were friends to the French. Being introduced to the cabin of the Sun, where the grand Natche resided, the latter approved of the terms, and said that he only waited for M. De Bienville's orders to set about the construction of the fort. Bieuville being apprised of this under- taking, immediately set out from the Tonica village, at the head of 50 men, and was received by the Sun, or grand chief of the Natches, with great ce- remony. The spot on which the fort was to be erected was immediately marked out, and De Pail- loux was appointed to superintend the building. It was completely finished in six weeks, and Bien- ville, who had returned to the Tonica village, set out from thence, and took possession of it under the name of Fort Rosalie. The Natches appearing to be quite reconciled to the French, Bienville passed all the year 1714 at this fort; and, upon his return to the Mobile, he left De Pailloux to command it, and one Du Tisne for his lieutenant. La Motte Cadillac concluded, from the answer sent him by St. Denys from the viceroy of New Spain, that it was in vain to hope to open a trade between Mexico and Louisiana; but, to prevent any interruption from the Spaniards, he charged Du Tisne to build a fort in the isle of the Natchi- toches. Scarcely was it finished, when Du Tisne \vas informed that the Spaniards had made a settle- ment among the Assinais or Cenis, which they were endeavouring to extend to the Mississippi : and this intelligence determined Cadillac to reinforce the garrison of the Natchitoches fort : but all the pre- cautions of this governor were in vain, as the whole establishment of the colony was founded upon wrong principles, which were equally prejudicial to the patentee as to the province. Tn the year 1712, no more than 24 French families were settled in Louisi- ana ; one half of whom were traders or workmen, who did not attempt the clearing or cultivating the lands. All the commerce of the province was then carried on about the Mobile, and the isle of Dauphin, and consisted only in timber, or what it called lumber and peltries. The Canadian rangers trafficked with the savages, by exchanging French commodities for their furs and slaves, by whom we are to understand their prisoners made in war, both which they sold to the French inhabitants of Louisiana. The latter disposed of the peltries, either to French ships, or to the Spaniards of Pensacola, but employed the slaves in clearing their lands or in sawing deals, which they sent sometimes to Pensacola, but oftener to the French islands ; from whence they returned with sugars, tobacco, cacao, and French commodi- ties. They likewise carried to Pensacola, where the Spaniards were too idle and too lazy to cultivate the grounds, or to practise the habits of industry, pulse of all kinds, maize, wild fowl, and other fruits of their own labour, all which were paid for in ready money, which enabled the Louisianians to live comfortably, though not in affluence. They were not insensible that their country was proper for producing tobacco, indigo, and silk; but they had not hands for rearing them, and not a person of the colony knew in what manner they were to be cul- tivated. In a word, Crozat managed matters so impru- dently, that Louisiana produced nothing to him but care and vexation. He made complaints and re- monstrances to the French ministry, and these being neglected, he fairly surrendered his patent to his moist Christian majesty. This surrender gave birth to the famous Mississippi scheme, projected by Mr. Law, a native of North Britain, the history of which does not fall within the plan of this work. 'The river Mississippi was now the boundary of the English territories on that side of America ; and the other French settlements were given up to the Spaniards, by an express convention betwixt the courts of Ver- sailles and Madrid. Although it is anticipating our history, it may be as well to mention here, that the portion of this re- gion, left by the treaty of 1763 to Spain, was again restored by treaty to F* ranee in 1800, and was pur- chased by the United States, for 15,000,000 dollars, in 1803. Florida was obtained by the United States in 1821. Of the various tribes of Indians once inhabiting this entensive region, but few now remain. The Natches were once the most powerful of these savage races; but are now nearly exterminated. In the year 1720, they were situated upon the little river which bears their name ; and their chief village, which was the residence of their grand " Sun," lay upon the river, within a mile of the demolished fort of Rosalie. Amongst the Natches lived a foreign nation, called the Grisgras, so named by the French, from their frequent repetition of the letter R, and likewise the remains of the Thioux. once a powerful people, but almost exterminated by the Chicacaws, with whom they were perpetually at war. Accord- ing to tradition the Natches were formerly by far the most powerful people in all North America, ac- knowledged by all the other nations of it, as their superiors and directors. They occupied all the ter- ritory from Manchac, within 50 leagues of the sea, to the river Ouabache, an immense tract of country, part of that river lying about 460 leagues from the sea: they had no fewer than 500 Suns, or princes, each of whom was despotic. A grand Sun never died but he was attended to his tomb by great num- bers of his subjects, who were murdered, and the same funeral rites were paid upon the decease, even of a common Sun, or the son of the great Sun. Such was the infatuation of the people, that they sought death on those occasions, as the sure means of eternal happiness. This barbarous fanaticism, had there been no other cause, was sufficient to have thinned the most populous nation ; but the calamity was in- creased by war. Their chiefs being independent, often quarrelled, and their power was so absolute, that a word or a sign was sufficient to doom any num- ber of their subjects to death, which was instantly inflicted by their allouez, or guards. But the most extraordinary circumstance of this remarkable peo- ple, was, that fundamentally their government was female. The grand chief of the Natches, says Du Pratz, bears the name of Sun, and, as among the Hurons, the son of his nearest female relation always suc- ceeds him. This person has the quality of woman- chief, and great honours are paid her, though she seldom meddles in affairs of government. She has, as well as the chief himself, the power of life and death, and it is a usual thing for them to order their guards, whom they call allouez, to dispatch any one who has the misfortune to be obnoxious to either. Go rid me of this dog, say they ; and they are in- stantly obeyed. Their iubjects and even their chiefs UNITED STATES. 1027 of their villages, never come into their presence without saluting them thrice, and raising a cry, or rather a sort of howling. They do the same thing when they withdraw, and always retire going back- wards. When they meet them they stop, and howl till they are past. They are likewise obliged to carry them the best of their harvest, and what they acquire by their hunting and fishing. In fine, not even their nearest relations, and those who compose their nobility, when they have the honour to eat with them, have a right to drink out of the same cup, or put their hands into the same dish. Every morning, at sun-rise, the grand chief stands at the door of his cabin, turns his face towards the east, and howls thrice, prostrating himself to the ground at the same time. A calumet is afterwards brought him, which is never used but upon this oc- casion ; he smokes, and blows the tobacco first to- wards the sun, and then towards the other three quarters of the world. He acknowledges no master but the sun, from whom he pretends he derives his origin. He exercises an absolute power over his subjects, whose lives and goods are entirely at his disposal, and they can demand no payment for any labour he requires of them. When the grand chief, or the woman-chief, dies, all the allouez are obliged to follow them to the other world, nor are they the only persons who have this honour which is greatly coveted. The death of a chief has been sometimes known to cost the lives of above 100 persons, and there are few Natches of any note, who die without being attended to the country of souls, by some of their relations, friends, or servants. Garcilasso de la Vega, the Spanish historian, men- tions the Natches as being in his time (though then they were greatly reduced) a very powerful nation. In the beginning of the last century they could have brought 5000 or 6000 warriors into the field ; but before their destruction by the French, they, the Grisgras and the Thioux, we are told by Du Pratz, could not muster above ] 200. Notwithstanding the barbarous, stupid attachment of those people to their chiefs, it is certain that many of their Suns were endowed with principles of moderation and huma- nity. Some of these withdrew from their commu- nity, and are now to be found dispersed through different parts of America ; but are easily known to be the offspring of Natches, by their preserving the eternal fire, and other customs peculiar to their nation. We can only enumerate a few of the names of the other tribes. To the north of the Natches, on the east of the Mississippi, existed the river and country of the Yasous. Adjacent to them were the Corons, Chaet- chi-Oumas, Oufe-Oumas, and the Tapoussas; all of them inconsiderable tribes, who after the extermina- tion of the Natches, united themselves under the Chicachas. Northwards of the river Ouabacke, were the Illinois, on the banks of the river which carries their name. They were distinguished into the Ta- maroas, the Caskaquias, the Caouquias, the Pimite- ouis, and several other tribes. Near the Tamaroa village was a settlement of French Canadians, and one of the most considerable amongst all the savage nations. In general the Illinois were always at- tached to the French, who protected them against the Sioux, the Iroquois, aud their other enemies; and, though far from being destitute of courage, they were very peaceably disposed. To the north of the Illinois were the Eenards, whom the French were at war with for 40 years. Between the Re- nards and the fall of St. Anthony, there was a space of almost 300 miles, uninhabited by any nation ; but beyond that were the Sioux, a people very little known in Europe ; but who were dispersed amongst a vast number of villages both towards the east and the west of Mississippi. The inhabitants on the west of that river remained a long time unsubdued, and unconnected, appa- rently, with any other people. The first were the Tchaouachas and the Ouachas, different tribes of the same nation. The Tchitimachas were of the Natches nation, and formerly a considerable people, inhabit- ing the borders of the lakes towards the north of the Tchacuachas. They are described as extremely pacific, and so contented with their own condi- tion, that rather than have their tranquillity broken, they abandoned all the advantages they could have expected from the protection of the French. One of them happened to kill a French missionary, for which the French made war upon them; but at last, upon the Tchitimachas sending to them the head of the murderer, they obtained peace. On the sea- side, towards the west, were the Atac-Apas, or the Man-eaters, so called from their being said to be cannibals. The Bayoue-Ogoulas inhabited a country which bore their name, and were a mixed people. The Oque Loussas were only known to the French, even, by name, and were so termed from their living on the borders of two lakes, the waters of which are black, through the great number of leaves that lodge in them. Between the Oque Loussas and the Red river, no people were to be found ; but above the fall of that river, there was a small nation called the Avoyels, remarkable for selling to the French, who were settled in Louisiana, horses, bullocks, and cows. Those cattle were purchased from the Spaniards of New Mexico, and they multi- plied prodigiously in the hands of the French Loui- sianians. About 50 leagues up the Red river lived the Natchicoches, who were always averse to the Spaniards, but friendly to the French. They con- sisted of about 200 families, dispersed up and down the river. About 100 leagues above the mouth of the Red river was the once great nation of the Ca- dodaquioux, which branched out into a vast number of tribes. This nation, as well as the Natchitoches, had a particular language, or dialect of their own; and yet, in all their villages, people were found, who spoke the Chicacha language, which they call their common tongue. Upon the Black river were the Ouachitas, who are now but few in number, having been mostly destroyed by the Chicachas. The Arkansas inhabit the borders of a river that bears their name. They are a very brave people, and excellent hunters. The Chicachas had often, tried their valour, but were always worsted, espe- cially after the Kappas, part of the Illinois, and the Mitchigamias joined them. They are all now blended into one nation; a kind of coalition which often happens among the American savages. If a weak people should be at war with another, and double their force, the former needs but to take refuge un- der a third, with whom the more powerful nation is at peace, and if they adopt them, they are safe. Near the Osage river there is still a considerable na- tion called the Osages, said to have been formerly numerous. The Missouris give name to the great river so called; and the French once had a post amongst them, which was commanded by the Cheva- lier de Bourgmont. This gentleman, after 'having 1028 THE HISTORY OF AMERICA. restored a good understanding amongst all the neigh- bouring savages, who before were perpetually de- stroying one another, happened to leave the garri- son ; and soon after it was destroyed by the natives so completely, that not a Frenchman was left alive to give the least account of the catastrophe. It is surmised that the Spaniards had projected this mas- sacre, in order to settle themselves among the Mis- souris. Their real design was to exterminate the Missouris likewise ; but, finding this impracticable, they gained over, by the force of presents, the Osages, whom they endeavoured to employ in the destruction of the Missouris. With this view, they formed at Santa Fe a kind of caravan, or rather an ark, con- sisting of men, women, and soldiers. Their purser was a Jacobin, and their commander-in-chief an engineer ; but his colony was furnished with cattle, and beasts of carriage of all kinds. Unfortunately for them, they knew so little of the place of their destination, that, instead of the country of the Osages, they landed in that of the Missouris, and their interpreter, not doubting their being amongst the Osages, told them they came to make an alli- ance with them, in order to exterminate the Mis- souris. The grand chief of the Missouris, to whom this discourse was addressed, far from undeceiving the Spaniards, seemed to welcome them, and to pro- mise himself and his nation vast benefits from their hopeful intention. He dissembled so well, that he persuaded his guests to remain with him for some days, till he could assemble his warriors, and consult with his elders. The Spaniards fixed a day for their departure to take possession of their new con- quest; but, the night before, the Missouris cut the throats of them all, excepting the Jacobin, whom they perceived to be a man of prayer, and no war- rior. Him they kept for some months prisoner, and diverted themselves by making him in fair weather ride on horseback; but in this amusement they out- witted themselves, for the Jacobin one day mounted his horse, and got clear off. After his flight, the Missouris carried the ornaments of the Jacobin's chapel, which he had brought along with him, to sell in the French Illinois, and each as they entered that country, was fantastically adorned with some piece of plate or vestment belonging to the altar ; but all of them arrived in solemn procession, singing the ca- lumet, and performing the dance of peace. Bois- briand was then commandant of the Illinois post, and, hearing of the procession, he was at first much scandalized, as fearing, that the savages had slaugh- tered and robbed some French settlement; but, understanding how matters went, he was greatly pleased, and gave the savages merchandise for the furniture of the chapel, which he sent to Bienville, the then French governor of Louisiana. The most considerable nations inhabiting the banks of the Missouri river, besides the Missouris themselves, are the Canchez, the Outhouez, and the Osages, the White and the Black Panis, the Pani- mahas, the Aiaouis, and the Padoucas, which last are the most numerous of them, the others being but inconsiderable. To the north of all these, lie the Sioux, who are wandering savages, inhabiting both sides of the Mississippi. There is great reason to believe that all the na- tions of Louisiana were originally the same people, and that they extended to Florida likewise. Besides the Natches, the Pachca Ogoulas, preserved the sacred fire, and their languages are, for the most part, radically the same, though disguised by dif- ferent articulations. Nevertheless, their intercourse in some piaces with the Europeans, their mixture with the savages of Canada, Sioux, New Spain, and the Apalaches. have introduced into Louisiana a vast confluence of different people and tribes ; some of whom are very inconsiderable, diminishing even to single families, so that every separate nation has some rite, custom, or character, peculiar to itself. To specify all these particulars, is not the province of general history. These Indians are, for the most part, very well made ; their height is seldom under five feet six inches ; but they often are much taller. The men are much handsomer than the women, who arc of a smaller size, but none of either sex degenerating into dwarfs. Du Pratz says, that the French Creoles of Louisiana, by which is meant children born in a distant country, but of parents of the same nation, are remarkably large, well made, and vigorous, and that those qualities amongst the native Louisianians in general are chiefly owing to the manner in which the females treat their children in their infancy. As soon as a female savage is brought to bed, she goes to the water-side, where she washes herself and her child ; then she returns home, and lays the infant all along in a cradle of a very curious construction, made of canes, so light that it does not weigh above two pounds. She places this cradle upon her bed, but without rocking it from side to side, and the child is swaddled up so as to leave the motion of its lungs and belly always free ; but its head is bound to a little pillow, stuffed with hair, but not raised above the rest of its bed, a circumstance which renders all these natives flat-headed. When born, they are white. Their skin, when they are very young, is rubbed over with oil, and other materials", which give them a copper colour, their hide being in a manner enamelled with them by the heat of the sun. This unction renders their joints more supple and flexible, and prevents the flies from tormenting them. The boys about twelve years of age are taught to shoot with a bow, at a mark, and rewarded according to their proficiency. The paternal au- thority is greatly venerated amongst them. The oldest of every family is, Ey all his descendants, who are sometimes very numerous, termed their father, and his word is their law. Unless they are cut off in war, or by colds, or the small-pox, these savages live to a great age, insomuch that they often are unable to stir, merely through natural decay. The fathers educate the boys, as the mothers train up the girls ; but the latter toil the most. The rnea are chiefly occupied in hunting or fishing, in cutting wood, or preparing land; and those exercises being over, they divert themselves with others less labo- rious: but the women, besides the care of their young infants, have all the maize to prepare for the family, fire-wood to provide, and a vast u umber of utensils to make, such as earthenware, mats, and many other particulars. Children of both sexes, when about ten or twelve years of age, are accus- tomed to carry burthens, which are gradually in- creased as they grow up, so that they are sometimes capable of bearing a great weight. The savages of Louisiana, however, are very cautious of over- straining the strength of their children, and they seldom suffer them to marry before they are 25 years of age. The care and wisdom with which, in other respects, parents train up their youth, is very surprising, and the judgment with which they mo- derate their exercises, such as running, leaping, swimming, and shooting, lest they should hurt their tender constitutions, so as to render them less active UNITED STATES. 1029 and vigorous in their manhood. On the other hand, they are equally careful to keep them in exercise, as the want of it may be prejudicial to their health. From their teuderest years they bathe every morn- ing, winter as well as summer, and both sexes learn to swim even from their infancy, under the inspec- tion of their elders and mothers. As they have no knowledge of letters, they take great care to preserve and communicate their tra- ditions pure and unmixed. Most part of the Natcbes, though they had a peculiar dialect of their own, spoke the general tongue. According to Du Pratz, their nobility had one language, and their common people another ; and the manner in which the men speak, is full, sonorous, and grave. All the Indian nations of Louisiana have an idea of a supreme Being, whom they call the Grand Spi- rit, by way of excellence, and whose perfections are as much superior to all other beings, as the fire of the sun is to elementary fire. The Natches believed in an omnipotent God, the Maker of all things, either visible or invisible, and that he was so good, that he could do no evil to any one, even if he were so in- clined. That though he created all things by his will, yet he had under him spirits of an inferior order, who, by his power, formed the beauties of the universe ; but, that man was the work of the Crea- tor's own hands. Those spirits are termed free ser- vants or agents; but at the same time they are submissive as slaves. They are constantly in the presence of God, and prompt to execute his will. The air, according to them, is full of other spirits of more mischievous dispositions, and these have a chief, who was so malignant, that God Almighty was obliged to confine him, and, ever since, those aerial spirits do not commit so much mischief as they did before, especially if they are entreated to be favourable. For this reason the Indians always invoke them when they want either rain or fair weather. Their fasts are very long, and the grand Sun himself has been known, for nine days succes- sively, to abstain from women, and from all kind of food, excepting a little maize and water. They be- lieve that God first formed a little man of clay, and breathed upon his work, and that he then walked about, grew up, and became a perfect man; but the " ancient word" is silent as to the formation of the woman. We cannot enter into a more minute de- tail of their religious opinions; concerning which the reader may consult Du Pratz' history of Loui- siana. The grand Sun's power was despotism itself. Though he was the uncontrolled master of the lives and properties of his subjects, yet he was free from the evils attending arbitrary government in other countries, being under no apprehensions of treason against his person, or insurrections against his state. On his pronouncing sentence of death, the criminal, though he could make his escape, never attempted it, but quietly submits to his fate. There were po- litical as well as religious feasts : the last in honour of the great spirit, to thank him for his benefits, and the first for the convenience of the sovereign, who on those occasions gathered in his revenues ; for he was so completely absolute as to have no stated in- come ; therefore every one contributed to it, as their inclination or abilities permitted, and no furthe: questions were asked. Their year consisted o thirteen moons, and at the end of every moon a feus: was made, which took the name from the chief fruit; of the ground, which the preceding moon afforded, or the game that was then in season. The first feas of the year, which was that of the kids, was ven grand. On this occasion they performed a kind o* drama, founded on one of the chief events of theii history. The most solemn, however, of all their feasts was the seventh, which is termed that of the I maize or corn. The ceremonies of these savages in some points, is the reverse of that of the Europeans, all priority and preference being given to the men, and the women being considered as only household drudges. The females, however, in the more early parts of their lives, are not without their privileges. As soon as the two sexes are judged by their parents to be of proper years, the men and women mix together, without the ceremony of marriage ; but after they are married all amours are dropt on both sides. Though the husbands have a power of divorce, yet ex- amples of that kind are very seldom known amongst the Natches, and never but when the woman is of an intolerable. disposition. The women, owing to their vile practice, never have children before marriages, and the bridegroom values himself upon the wealth his bride has acquired in the course of her amours ; for it seems the females there are far from being void of mercenary views, and take care always to make a previous bargain with their lovers. [We shall henceforward give a collective account of the various States, having, in pursuance of our plan, now brought their separate histories down to the commencement o f :i The War of the Independ- ence."] THE WAR OF THE INDEPENDENCE. Taxation of the colonies Stamp act proposed Con- duct oj the colonies Stamp act passed Congress at New York Stamp act repealed Colonies taxed by duties Associate to resist oppression. WHEN the dominion of France, in America, was relinquished, it occasioned universal joy throughout the colonies. They forgot their sufferings and dis- tress in the fair prospect which peace afforded. But these prospects were of short duration. The peace of Paris formed a new era in the views and conduct of Great Britain, towards her colonies in America. In the previous contest, England had added ex- tensive territories to her empire ; but she had also added 320 millions to the amount of her debt. To find the means of defraying the annual charges of this debt, and her other increased expenditures, was the first and most difficult task of her legislature. Among other expedients, the British ministry con- ceived the idea of taxing the American colonies. The origin of the dispute concerning taxation may be traced to the commencement of the war with France. At that important crisis, when the congress at Albany was convoked to concert mea- sures for common safety, the British ministry pro- posed, as has been stated, that the governors of the colonies, with their council, should assemble, and concert, measures for general defence; and draw on the treasury of Great Britain for the sums that should be wanted : but that the treasury should be reimbursed by a tax on the colonies, to be laid by the British parliament. The provincial assemblies rejected their plan, and the question was smothered amidst the tumults of war. But peace was no sooner concluded, than it was revived. The British parlia- ment resumed the scheme of taxing the colonies, and justified the measure, by declaring the money to be thus raised, should be appropriated to defray the expenses incurred in their defence. Hitherto, when money was wanted from the colo- nies, the parliament of England had been content to ask for it by a formal requisition upon the colo- nial legislatures ; and they had supplied it with a willing hand. But now it was thought that a shorter method of obtaining it might be resorted to with better effect; and in 1764, Mr. Grenville, in the British parliament, proposed a measure, the avowed object of which was to raise a revenue in America, the entire produce of which was to go into the ex- chequer of Great Britain. Early in this year, the minister proposed several resolutions, as a sort of prelude to this grand scheme ; laying additional duties upon imports into the colonies from foreign countries ; on clayed sugar, indigo, coffee, &c. These resolutions were passed by parliament, without much debate or notice ; and though they awakened some fears among the reflecting politi- cians of America, they were quietly acquiesced in, as a commercial regulation of Great Britain. Amono- the resolutions reported by Mr, Grenville, was one imposing " certain stamp duties on the colonies:" but he declared to the house, his desire that it should not be acted upon until the next ses- sion of parliament. It was foreseen that the law would be disregarded, if extraordinary measures were not adopted to enforce it; and provision made that penalties for violating it, and all other revenue laws, might be recovered in the admiralty courts. The judges of these courts were dependent solely on the king, and decided the causes brought before them without the intervention of a jury. The colonial agents in London sent copies of the resolutions to their respective colonies. As soon as the intelligence of these proceedings reached Ame- rica, they were considered as the commencement of a system of oppression, which if not vigorously re- sisted, would eventually deprive them of the liberty of British subjects. The general court of Massa- chusetts, at their session in June, took this law into consideration. The house of representatives s^nt instructions to their agent in England, in which they denied the right of parliament to impose duties and taxes upon those who were not represented in the house of Commons ; and directed him to re- monstrate against the duties imposed, and the stamp act in contemplation. They acquainted the other colonies with the instructions they had given to their agent, and desired their concurrence. When their communication was received in the house of bur- gesses in Virginia, a committee was immediately appointed to prepare an address to the king, and two houses of parliament, expressing their sense of the consequences of such a measure to the colonies. Every argument whivh ingenuity could furnish, or interest could enforce, was employed, in order to prevent the passage of the obnoxious statutes ; but all without effect. Associations were formed in all the provinces, in ordei to diminish the use of Bri- tish manufactures; a step which, besides its imme- diate effects, rendered the merchants of England a party against the ministry, and increased the oppo- sition with which those in power were obliged to contend. In March 1765, Mr. Grenville, not deterred by an opposition which he had expected, brought into parliament a bill for imposing duties in America. The friends of the administration employed much able reasoning in support of the bill. Among those who distinguished themselves by the ability and elo- quence with which they advocated the cause of the colonies, was Colonel Barre. He stated with a manly freedom, that the same spirit which had actuated the people at first, still continued with them. He iasinuated, in a way that could not be mistaken, what would be the effect of the measure which Eng- land was about to adopt. He declared that he spoke from a particular acquaintance with the cha- racter of the Americans, and expressed his belief, that while they were zealous of their rights, they were loyal to their king; and, finally, he entreated the ministry to pause before they ordained that the pri- vileges of Englishmen were to beinvaded ordeetroyed UNITED STATES. 1031 Colonel Barre, immediately rising, indignantly and eloquently exclaimed: " Children planted by your care! No. Your oppressions planted them in America. They fled from your tyranny into a then uncultivated land, where they were exposed to all the hardships to which human nature is liable ; and among others, to the cruelties of a savage foe, the most subtle, and I will take upon me to say, the most terrible, that ever inhabited any part of God's earth. And yet, actuated by principles of true En- glish liberty, they met all these hardships with plea- sure, when they compared them with those they suffered in their own country, from men who should have been their friends. " They nourished by your indulgence ! No. They grew by your neglect. When you began to care about them, that care was exercised in sending per- sons to rule over them, who were deputies of some deputy sent to spy out their liberty, to misrepresent their actions, and to prey upon them; whose beha- viour, on many occasions, has caused the blood of those sons of liberty to recoil within them ; men promoted to the highest seats of justice, some of whom were glad, by going to a foreign country, to escape being brought to the bar of justice in their own. " They protected by your arms ! They have nobly taken up arms in your defence. They have exerted their valour, amidst their constant and laborious industry, for the defence of a country which, while its frontier was drenched in blood, has yielded all its little savings to your emolument. Believe me, and re- member I this day told you so, the same spirit which actuated that people at first, still continues with them ; but prudence forbids me to explain myself further. " God knows I do not at this time speak from party heat. However superior to me in general know- ledge and experience, any one here may be, I claim to know more of America, having been conversant in that country. The people there are as truly loyal as any subjects the king has; but a people jealous of their liberties, and will vindicate them if they should be violated. But the subject is delicate ; I Will say no more." Eloquence and argument, however,availed nothing. The bill almost unanimously passed in parliament ; and received the sanction of the crown. The night after its passage, Dr. Franklin, then in England as agent for Pennsylvania, wrote to Charles Thompson, his friend, in America " The sun of liberty is set ; you must light up the candles of industry and eco- nomy." " Be assured," said Mr. Thompson in reply, " we shall light up torches of quite another sort ;" thus predicting the commotions which fol- lowed. The act provided that all contracts and legal processes should be written on stamped paper, which was to be furnished by agents of the British govern- ment, at exorbitant prices. On the arrival of the news of the stamp act in America, a general indignation spread throughout thecoldnies; and spirited resolutions were passed. In these resolutions Virginia led the way. On the meeting of the house of burgesses, Patrick Henry, a young, but distinguished member, proposed five resolutions ; the four first asserted the various rights and privileges claimed by the colonists ; and the fifth boldly and explicitly denied the right of parliament to tax America. These he defended by strong rea- son and irresistible eloquence, and they were adopted by a majority of one. The next day, in his ab- sence, the fifth was rescinded; but this with the rest had gone forth to the world. They formed the first public opposition to the stamp act, and to the schemes of taxing America by the British parliament. Nearly at the same time, and before the proceed- ings of Virginia were known in Massachusetts, her general court had also adopted measures to pro- duce a combined opposition. Letters were ad- dressed to the other assemblies, proposing a con- gress of deputies from each colony, to consult on the common interest. The knowledge of what had been done in Virginia aroused the most violent feelings. The resolutions which at first were circulated cau- tiously, were at length openly published in news- papers ; and one general feeling of indignation per- vaded all classes of society. On the first Tuesday of October 1765, the day appointed for the meeting of the proposed congress, the delegates assembled at New York, where were present members from Massachusetts, Rhode Island, Connecticut, New Jersey, Pennsylvania, Delaware, Maryland, and South Carolina. A committee from six of the provinces drew up a declaration of their rights and grievances. They declared themselves entitled to all the rights and liberties of natural born subjects of Great Britain : among the most essential of which, were the exclusive right to tax themselves, and the privilege of trial by jury. The first of these they regarded as infringed by the stamp act; the last, by the extension of the jurisdiction of the courts of admiralty. The congress also agreed upon a petition to the king, and a memorial to both houses of parliament. The colonies not represented forwarded to England similar petitions. The 1st of November, the important day when the stamp act was to take effect, at length ap- proached. Combinations were every where formed to prevent its execution. The violence of the po- pulace could with difficulty be restrained. In some places the day was ushered in with the tolling of bells, as for a funeral procession. The act which was the object of their aversion, was hawked in the streets with a death's head attached to it. It was styled the " Folly of England, and the ruin of Ame- rica." The stamps were destroyed wherever they could be found by the enraged multitude; who, with all the intemperance of popular agitation, burued and plundered the houses of such as supported the act. So general was the opposition to the law, that the stamp officers in all the colonies were obliged to resign. Opposition became general, systematic and alarming. Confederacies were every where form- ing. It was universally agreed that no articles of British manufacture should be imported, and that those which were prepared in the colonies, though both dearer and of worse quality, should be employed in all the settlements. The women, animated with a similar spirit, cheerfully relinquished every species of ornament which was manufactured in England. The proceedings in the courts of justice were sus- pended, that no stamps might be used ; and the co- lonists were earnestly and frequently exhorted by those who took the lead on this occasion, to termi- nate their disputes by reference. In the mean time an entire change had taken place in the British cabinet : the marquis of Ilock- ingham became first lord of the treasury ; and it was perceived that they must either repeal the ob- noxious statutes, or oblige the Americans to submit to them by force of arms. Each of these measures had its advocates. Among the foremost to vindicate che colonies, in the house of peers, was Lord Cam- den. " My position," said he, " is this ; I repeat ]032 THE HISTORY OF AMERICA. it, I will maintain it to my last hour taxation and representation are inseparable. This position is founded on the laws of nature ; it is more it is it- self an eternal law of nature : for whatever is a man's own is absolutely his own ; no man has a right to take it from him without his consent. Whoever attempts to do it, attempts an injury : whoever does it, commits a robbery." In the house of commons, Mr. Pitt entered into the views of the colonists ; and maintained with all the eloquence for which he was conspicuous, that taxation is no part of the governing or legislative power, but that taxes are a voluntary gift and grant of the commons alone : and concluded his speech with a motion, " that the stamp act be repealed, ab- solutely, totally, and immediately." (1766.) About this time Dr. Franklin was exa- mined before the house of commons, and gave it as his opinion, that the tax was unprofitable and ruin- ous. He asserted that it had alienated the affec- tions of the colonists from the mother-country, and made them regard the people of England as con- spiring against their liberties, and its parliament as desirous to oppress rather than to protect them. A petition was received from the Congress at New- York ; and some change having taken place in the cabinet, the existing administration agreed with Mr. Pitt, and the stamp act was repealed. But ac- companying the repeal of the stamp act, was pub- lished another act, declaring, " that parliament have, and of right ought to have power to bind the colo- nies in all cases whatsoever." This assertion di- minished the joy which the repeal of the stamp act would otherwise have occasioned. It was considered by the Americans as a foundation on which any future ministry might oppress them, under the sanc- tion of parliamentary authority ; and it had no other effect than that of rendering them more suspicious of arbitrary designs, and more solicitous to mark with a jealous eye the first encroachments of power. An opportunity for the exercise of this spirit was not long wanting. Immediately after the ratifica- tion of the treaty of peace at Paris, the intention of the ministers to quarter troops in America, and oblige the colonies to support them, was announced in the English papers. The maintaining of a stand- ing army was connected with the system of taxation, but the ministry well knew it would be opposed, and they calculated that an army sent under pre- tence of protecting the colonies, afforded a plausible pretext for taxing them, while it would awe them into submission to the mandates of the British go- vernment. An act had been passed by the Rock- ingham administration, for providing the soldiers which had been quartered in the colonies, with the necessaries and accommodations which their circum- stances might require, at the expense of the colony in which they were stationed. The assembly of New York refused obedience to this law, consider- ing it an indirect mode of taxing them without their consent. The assembly at Boston not only followed the example of that of New York, but proceeded still further; and resolved, that the conduct of the governor, in issuing money from the treasury in order to furnish the artillery with provisions, was uncon- stitutional and unjust; and that it disabled them from granting cheerfully to the king the aids which his service demanded. These resolutions were not ap- proved in England, even by many who liad hereto- fore espoused the interests of the colonies. The consequence of this change of sentiment was per- ceptible by a change of measures in parliament. A nil was introduced by Mr. Townsend, the chancel- .or of the exchequer, imposing a duty on all tea, ylass, paper, and painters' colours. It passed Doth louses without much opposition, and was the next year sent to the colonies. (1767.) The act for imposing the new taxes was received with greater aversion than the stamp act itself. Letters were sent from Massachusetts to all the other colonies, inveighing against the injustice and tyranny of the British legislature. Circulars were sent to most of the colonial assemblies, sug- gesting the expediency of acting in concert in all endeavours to obtain redress. These proceedings incensed and alarmed the ministry. They feared that a union of the colonies would give them strength and confidence ; and determined if possible to pre- vent it. They instructed Sir John Bernard, then governor of Massachusetts, to require the general court to rescind the vote directing the circular to be sent; and in case of refusal, to dissolve it. The governor communicated these instructions to the house of representatives; which, by a vote of 92 to seventeen, refused to rescind, and was accordingly dissolved. This measure, like all the others which the Bri- tish government at this period pursued, with the intention -of intimidating the colonies, did but exas- perate and arouse them. Frequent meetings of the people were held at Boston, and the different pro- vinces; a petition was made to the governor, in which he was desired to remove the ships of war from the neighbourhood of the town ; a request with which he was neither able or willing to comply. Convention at Boston Consequent conduct of colonies Tea cargoes destroyed Spread of revolutionary principles. At the opening of the year 1768, every thing ap- peared to indicate a rupture between the colonies and the parent state. The agent of the province was refused admission to the presence of the king. A report was circulated that the troops had been ordered to march into Boston, a dreadful alarm took place, and all ranks of men joined in beseeching the governor that a general assembly might be convoked The answer of Governor Bernard was, that by his last instructions from England, he was prevented from complying with this wish of the people. On this refusal, the ^select men of Boston pro- posed to the several towns in the colony to hold a convention, which was accordingly holden in that town on the 22nd of September. In this convention it was resolved that they would defend their violated rights at the peril of their lives and fortunes, and that the people who had no arms, should furnish themselves. At the same time, they thought it proper to assure the government of their pacific in- tentions, and requested again that an assembly might be called; but after transmitting to England an account of their proceedings, and the reasons which had induced them to assemble, they were again re- fused, and stigmatized with the appellation of rebels. The refractory spirit of the people of Boston had been so often displayed, that General Gage, who was commander-in-chiefof the troops in the colonies, was ordered to station a regiment in that town, not only to overawe the citizens, but to protect the offi- cers of the revenue in the discharge of their duty. Before the order was executed, the seizure of a sloop belonging to Mr. Hancock, an eminent merchant, and a popular leader, occasioned a riot, in which those officers were insulted and beaten. UNITED STATES. 1033 On tht; 28th of September, two regiments, escorted by seven armed vessels, arrived at Boston from Halifax. The landing of the troops was protected by the fleet, which was drawn up with the broad- sides of the vessels opposite the town. In conse- quence of their formidable appearance, they marched into Boston without any resistance on the part of the inhabitants. The select men of the town having refused to provide them with quarters, the governor commanded the state house to be opened for their reception. The presence of the soldiers had great influence in restraining the excesses of the popula- tion ; but the hatred of the colonies towards Eng- land was much increased by this highly offensive measure. Early in 1769, news reached the colonies that both houses of parliament, in a joint address to his majesty, had recommended vigorous measures in order to enforce their obedience ; and had even gone so far as to beseech the king to direct the governor of Massachusetts bay to make strict inquiries as to all treasons committed in that province since the year 1767, in order that the persons most active in committing them might be sent to England for trial. This proposal gave great offence to the colonists. The legislature of Massachusetts was not in ses- sion when the news of this address reached America; but the house of burgesses in Virginia, which met a few days afterwards, were not tardy in expressing their sense of it. They passed several spirited re- solutions, declaring their exclusive right to tax themselves, and denying the right of his majesty to remove an offender out of the colony for trial. An address to his majesty was also agreed on, which stated, in a style of loyalty and real attachment to the crown, the deep conviction of the house of bur- gesses of Virginia, that the complaints of the colo- nists were well founded. When the intelligence of these proceedings reached the governor, he suddenly dissolved the assembly. But the current of opposi- tion was too strong to be stayed. The members as- sembled at a private house, elected their speaker, Peyton Randolph, Esq., moderator; and proceeded to pass resolutions against importing British goods. Their example was followed by other colonies ; and non-importation agreements, which had before been entered into by Boston, Salem, the city of New York, and the colony of Connecticut, now became general. On the 5th of March, 1770, an affray took place at Boston between the military and some of the in- habitants, who insulted them while under arms, in which four persons were killed. The bells were in- stantly rung ; the people rushed from the country to the aid of the citizens; and the soldiers were obliged to retire to Castle William, in order to avoid the fury of the enraged multitude. A trial was in- stituted : the soldiers engaged in the affray were all acquitted, except two, who were found guilty of man-slaughter. The moderation of the jury, and the ability with which the soldiers were defended by two of the leading opposers of British aggression, John Adams and Josiah Quincy, were honourable to the individuals and to their country. This event, however, increased the detestation "in which the soldiers stationed among the people were held. In the mean time the parliament of Great Britain showed, that it had neither sufficient vigour to com- pel the Americans to submit, nor sufficient liberality to yield to their remonstrances. The ministry agreed to take off all the duties which had lately been im- posed, except that on tea ; but it was predicted by the opposition that their indulgence would have no good effect, while any duty remained which was im- posed upon the Americans without their consent. What was predicted by the opposition, was in the end found to be true. It was resolved that the tea should not be landed, but sent back to Europe in the same vessels that had brought it; for it was obvious to all, that it would be extremely difficult to hinder the sale, if the commodity should once be received on shore. The people assembled in great numbers at Boston, and forced those to whom it had been consigned to give up their appointments, and to swear that they would abandon them for ever. Such as refused to engage in this opposition, were de- nounced as the enemies of their country. This dis- position was not confined to Massachusetts alone ; but the same spirit appeared in all the colonies. Such was the situation of affairs, when three ships laden with tea, arrived at the port of Boston. The captains of these vessels, alarmed at the menaces of the people, offered to return with their cargoes to England, provided they could obtain the necessary discharges from the merchants, to whom the teas had been consigned ; and likewise from the gover- nor, and the officers of the custom-house. But though afraid to issue orders for landing the tea, the merchants and officers, in conjunction with the governor, refused to grant the discharges, and the ships were obliged to remain in the harbour. The people, however, apprehensive that the ob- noxious commodity would be landed in small quan- tities, if the vessels should continue in the neighbour- hood of the town, resolved to destroy it at once. For this purpose, several persons disguised themselves as Indians, boarded the ships during the night, and threw their cargoes into the water, without making any further disturbance. No fewer than 142 chests were thus broken open, and their contents emptied into the sea. At Philadelphia, the pilots were enjoined not to conduct the ships into the river: and at New York, though the governor ordered some of the tea to be landed under the protection of a man-of-war, he was obliged to deliver it into the custody of the peo- ple, who took care that none of it should be sold. The parliament of England resolved not to change their measures, but to punish the inhabitants of Boston in an exemplary manner, by imposing a fine upon them, equal to the value of the tea which bad been destroyed. The port of Boston was shut by an armed force until this should be accomplished, and their refractory rpirit subdued. An act was also passed, giving to the crown the appointment of counsellors ; whereas, it had resided with the court. The custom-house was to be re- moved to Salem ; and General Gage was made go- vernor in the place of Hutchinson. Gage removed the assembly from Boston, in Mas- sachusetts, to Salem. Having met at that place, ;hey declared it necessary that a congress of dele- gates, from all the provinces, should assemble, to ,ake the affairs of the colonies into their most serious consideration. And they nominated James Bow- doin, Thomas Gushing, Samuel Adams, John Adams, Robert Treat Paine, men celebrated for their talents and opposition to England, as the representatives to such a congress, from Massachusetts. They recom- mended to the whole province to abandon the use of tea ; and urged the necessity of giving all the encouragement in their power to the manufactures f America. In the mean time, the governor having learned 10.14 THE HISTORY OF AMERICA. their proceedings, sent an officer to dissolve the as- sembly in the king's name ; but he finding the door shut and entrance denied him, was compelled to read the order of dissolution aloud on the staircase. The inhabitants of Salem, which had now become the metropolis of the country, appear to have adopted the same spirit with those of Boston. They published a declaration in favour of the latter ; in which they asserted, that nature, in forming their harbour, had prevented their becoming rivals in trade ; and that even if that were otherwise, they would regard themselves lost to every idea of justice and all feelings of humanity, could they indulge one thought of seizing upon the wealth of their neigh- bours, or raising their fortunes upon the ruins of their countrymen. The cause of Boston was espoused by the rest of the colonies. The 1st of June, the day on which the city was to be blockaded by the king's ships, was observed in Virginia as a day of fasting and hu- miliation ; and a public intercession in behalf of the American people, was enjoined throughout the pro- vince. The style of prayer was, " That God would give them one heart and mind, firmly to oppose every invasion of American rights." Virginia united with Massachusetts in recommending a general con- gress. They declared if any one of the colonies was taxed without its consent, the rights of the whole were violated; and that in the present case, they regarded the injury done to the inhabitants of Bos"- ton as done to themselves. The proposal for a general congress had now been discussed, and was approved, and eleven of the colonies had elected their delegates. Georgia had not determined to unite her fate with that of New England; and North Carolina was later than the others in acceding to the measure. The members of this congress were generally elected by the authority of the state legislatures ; but, in some instances, a different system had been pursued. In New Jersey, and Maryland, the elec- tions were made by a committee chosen in the several counties for that particular purpose ; and, in New York, where the royal party was very strong, and where it is probable no legislative act, authorizing an election of members to represent that colony in congress, could have been obtained, the people them- selves assembled in those places where the spirit of opposition to the claims of parliament prevailed, and elected deputies, who were readily received into congress. The powers, too, with which the repre- sentatives of the several colonies were invested, were not only variously expressed but of various ex- tent. The names of the delegates were as follows, viz. : New Hampshire, John Sullivan, Nathaniel Fulsom. Massachusetts Bay, James Boudoine, Thomas Gushing, Samuel Adams, John Adams, Robert Treat Paine. Rhode Island and Providence Plantations, StephenHopkins, Samuel Ward. Con- necticut, Eliphalet Dyer, Roger Sherman, Silas Deane. From the city and county of New York, and other counties in the province of New York, James Duane, Henry Wisner, John Jay, Philip Livingston, Isaac Low, John Alsop. From the county of Suffolk, in the province of New York, William Floyd. New Jersey, James Kinsey, Wil- liam Livingston, John Dehart, Stephen Crane, Richard Smith. Pennsylvania, Joseph Galloway, Charles Humphreys, Samuel Rhoads, George Ross, John Morton, Thomas Mifflin, Edward Biddle, John Dickinson. Newcastle, Kent, and Sussex, on De- laware, Caesar Rodney, Thomas McKean, George Read. Maryland, Robert Goldsborough, Thomai Johnson, William Paca, Samuel Chase, Matthew Tilghman. Virginia, Peyton Randolph, Richard Henry Lee, George Washington, Patrick Henry, Richard Bland, Benjamin Harrison, Edmund Pen- dleton. North Carolina, William Hooper, Joseph Hughes, Richard Caswell. South Carolina, Henry Middleton, John Rutledge, Thomas Lynch, Chris- topher Gadsden, Edward Rutledge. Congress gives one vote to each colony Bill of rights Petition to the King Address to the people of England Boston Neck fortified Battle of Lexing- ton Militia Fort Ticonderoga captured Crown Point surprised. At length on the 4th of September, 1774, the first congress of the American States assembled at Phila- delphia. This was the most important deliberative body which had ever met in America. Peyton Ran- dolph, Esq. of Virginia, was chosen president by the unanimous suffrage of the delegates. To this august body of citizens, who were met for the highest purposes which can affect the temporal interests of men, the eyes of the people of America were turned with anxious concern. The officers and dependents of the crown looked also to their measures with the deepest interest, and alarmed at the calm determined spirit which they manifested, dreaded the conse- quences of their deliberations. These delegates, having resolved that each colony should have only one vote, and that their delibera- tions should take place without the admission of strangers, proceeded to the high duty which their countrymen had imposed on them. They first expressed their approbation of what had been done by the inhabitants of Massachusetts Bay ; warmly exhorted them to perseverance in the cause of freedom; and voted that contributions should be made for them in all the provinces, and continued so long, and in such a manner as their circumstances might require. They next addressed a letter to General Gage, in which they informed him of their unalterable resolu- tion to oppose every attempt to carry the British acts of parliament into effect; and entreated him to desist from military operations, lest a difference, altogether irreconcileable, should take place be- tween the colonies and parent state. The next step was a declaration of their rights, addressed to the people in the shape of resolutions. This instrument is commonly quoted by the title of the bill of rights; and is as follows : " Whereas, since the close of the last war, the British parliament, claiming a power of right to bind the people of America by statutes in all cases whatsoever, hath in some acts expressly imposed taxes on them ; and in others, under various pre- tences, but in fact for the purpose of raising a re- venue, hath imposed rates and duties payable in these colonies, established a board of commissioners with unconstitutional powers, and extended the juris- diction of courts of admiralty, not only for collecting the said duties, but for the trial of causes merely arising within the body of a county. " And whereas, in consequence of other statutes, judges, who before held only estates at will in their offices, have been made dependent on the crown alone for their salaries, and standing armies kept in times of peace : and whereas it has lately been re- solved in parliament, that by force of a statute made in the 35th year of the reign of HenryVIL, colonists may be transported to England and tried there, upon UNITED STATES. accusations for treason, and misprisions and con- cealment of treasons committed in the colonies ; and by a late statute, such trials have been directed in cases therein mentioned. " And whereas in the last session of parliament three statutes were made ; one entitled ' An act to discontinue in such manner and for such time as are therein mentioned, the landing and discharging, lading or shipping of goods, wares and merchandise; at the town and within the harbour of Boston, i-n the province of Massachusetts Bay in North America;' another, entitled ' An act for the better regulating the government of the province of Massachusetts Bay in New England ;' and another act, entitled ' An act for the impartial administration of justice in the cases of persons questioned for any act done by them in the execution of the law, or for the sup- pression of riots and tumults in the province of Mas- sachusetts Bay in New England :' and another statute was then made for making more effectual provision for the government of the province of Que- bec, &<:. All which statutes are impolitic, unjust and cruel, as well as unconstitutional, and most dangerous and destructive of American rights. " Andwhereas. assemblies have been frequently dis- solved, contrary to the rights of the people, when they attempted to deliberate on grievances ; and their dutiful, humble, loyal and reasonable petitions to the crown for redress, have been repeatedly treated with contempt by his majesty's ministers of state : the good people of the several colonies of New Hampshire, Massachusetts Bay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Newcastle, Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, South Carolina, justly alarmed at the arbitrary proceedings of parliament and administra- tions, have severally elected, constituted and ap- pointed deputies to meet and sit in general congress, in the city of Philadelphia, in order to obtain such establishment, as that their religion, laws and liber- ties may not be subverted : whereupon, the depu- ties so appointed being now assembled in a full and free representation of these colonies, taking into their most serious consideration the best means of attaining the ends aforesaid, do in the first place, as Englishmen their ancestors in like cases have usually done for asserting and vindicating their rights and liberties, declare, that the inhabitants of the English colonies in North America, by the im- mutable laws of nature, the principles of the En- glish constitution, and the several charters or com- pacts, have the following rights : " Resolved unanimously, - 1 st, That they are entitled to life, liberty and property ; and they have never ceded to any sovereign whatsoever, a right to dispose of either without their consent. " Resolved, 2nd, That our ancestors, who first settled these colonies, were, at the time of their emi- gration from the mother- country, entitled to all the rights, liberties and immunities of free and natural born subjects within the realm of England. " Resolved, 3rd, That by such emigration, they by no means forfeited,surrendered or lost any of those rights, but that they were, and their descendants now are, entitled to the exercise and enjoyment of all such of them as their local and other circum- stances enabled them to exercise and enjoy. " Resolved, 4th, That the foundation of English liberty, and of all free government, is a right in the people to participate in their legislative councils ; and as the English colonists are not represented, and from their local and other circumstances, can- not properly be represented in the British parlia- ment, they are entitled to a free and exclusive power of legislation in their several provincial legislatures, where their right of representation can alone be pre- served in all cases of taxation and internal polity, subject only to the negative of their sovereign in such manner as has been heretofore used and ac- customed ; but from the necessity of the case, and a regard to the mutual interests of both countries, we cheerfully consent to the operation of such acts of the British parliament as are bona fide restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother-country, and the commercial benefits of its respective members ; ex- cluding every idea of taxation, external or internal, for raising a revenue on the subjects of America, without their consent. " Resolved, 5th, That the respective colonies are entitled to the common law of England, and more especially to the great and inestimable privilege of being tried by their peers of the vicinage, according to the course of that law. " Resolved, Gth, That they are entitled to the benefit of such of the English statutes, as existed at the time of their oolonization ; and which they have, by experience, respectively found to be applicable to their several local and other circumstances. " Resolved, 7th, That these, his majesty's colonies are likewise entitled to all the privileges and immu- nities granted and confirmed to them by royal char- ters, or secured by their several codes of provincial laws. " Resolved, 8th, That they have a right peaceably to assemble, consider of their grievances, and peti- tion the king ; and that all prosecutions, prohibitory proclamations, and commitments, for the same, are illegal. " Resolved, 9th, That the keeping a standing army in these colonies in times of peace, without the consent of the legislature of that colony in which such army is kept, is against law. " Resolved, 10th, It is indispensably necessary to good government, and rendered essential by the English constitution, that the constituent branches of the legislature be independent of each other; that, therefore, the exercise of legislative power in several colonies, by a council appointed during pleasure by the crown, is unconstitutional, dangerous, and de- structive to the freedom of American legislation. " All and each of which the aforesaid deputies in behalf of themselves and their constituents, do claim, demand, and insist on, as their indubitable rights and liberties, which cannot be legally taken from them, altered, or abridged by any power whatever, without their own consent, by their representatives in their several provincial legislatures. In the course of our inquiry we find many infringements and vio- lations of the foregoing rights, which, from an ardent desire that harmony and mutual intercourse of affec- tion and interest may be restored, we pass over for the present, and proceed to state such acts and mea- sures as have been adopted since the last war/ which demonstrate a system formed to enslave America." A committee was next appointed, who drew a petition to the king, stating the grievances under which they had laboured ; grievances, which they said were the more intolerable, as the colonies were born the heirs of freedom, and had long enjoyed ii under the auspices of former sovereigns ; and stating also, that they had wished for no diminution of the I03G THE HISTORY OF AMERICA. prerogative, and no privileges or immunities, except those which were their rightful inheritance as the subjects of Great Britain; concluding the whole with an earnest prayer, that his majesty, as the father of his people, would not permit the ties of blood, of law, and of loyalty to be broken, in ex- pectation of consequences, which, if they ever took place, would never compensate for the suffering to which they must give rise. The committee who brought in this address, were Mr. Lee, Mr. John Adams, Mr. Johnston, Mr. Henry, and Mr. Rutledge. The original composi- tion has been generally attributed to Mr. Lee. The petition to the king was followed by an ad- dress to the people of England, conceived with great vigour, and expressed in the most energetic language. " Be not surprised," they say, " that we who are descended from the same common ancestors, that we, whose forefathers participated in the rights, the liberties, and the constitution you so justly boast of, and who have carefully conveyed the same fair in- heritance to us, guarantied by the plighted faith of government and the most solemn compact with British sovereigns, should refuse to surrender them to meu, who found their claims on no principles of reason, and who prosecute them with a design, that by having their lives and property in their power, they may with the greater facility enslave you. Are not," they ask, " the proprietors of the soil of Great Britain, lords of their own property ? Can it be taken from them without their consent ? Will they yield it to the arbitrary disposal of any man, or number of men, whatever ? You know they will not. Why, then, are the proprietors of America less lords of their property than you are of yours ? or why should they submit it to the disposal of your parliament, or council, or any other parliament in the world, not of their own election ? Can the in- tervention of the sea that divides us, cause disparity of rights ? or can any reason be given, why English subjects who live 3000 miles from the royal palace, should enjoy less liberty than those who are 300 miles from it ?" The committee who prepared this eloquent and manly address, were Mr. Lee, Mr. Livingston, and Mr. Jay, who also prepared the memorial to their constituents ; the composition has generally been attributed to Mr. Jay. This address was followed by a memorial to their constituents. They applauded them for the spirit which they had shown in defence of their rights ; enjoined them to persevere in abstaining from the use of every thing manufactured or prepared in Eng- land ; and hinted at the necessity of looking forward to melancholy events, and being ready for any con- tingency that might take place. The inclinations of the people were in exact ac- cordance with the decision of the congress. The inhabitants of Boston were supplied by contributions from all quarters. Even those, who by their station seemed likely to derive advantage from the cessa- tion of their trade, were most forward to relieve them in their distress. The people of Marblehead, a town at no great distance, generously offered them the use of their harbour, their wharfs, and ware- houses, free of all expense. Every one who could procure arms was diligent in learning their use. Complete unanimity, however, did not exist. Some of the late emigrants, on whom England had be- stowed offices, and many who feared her power, clung to her authority, and declared themselves her adherents. Whigs and Tories were the distinguish- ing names of the parties. The former favoured the cause of the colonists; the latter that of Great Britain. In the mean time, many British troops having assembled at Boston, General Gage thought it pru- dent to fortify the neck of land that joins that city to the continent. He also seized the magazines of gunpowder, ammunition, and military stores at Cambridge and Charlestown An assembly was called, and its sittings immedi- ately countermanded ; but the representatives met at Salem, notwithstanding the proclamation of the governor ; and after waiting a day for his arrival, they voted themselves " a provincial congress," and adjourned to Concord. Mr. Hancock was chosen, president : and the delegates resolved, that for the defence of the province, a military force, to consist of one-fourth of the militia, should be organized, and stand ready to march at a minute's warning ; and that money should be raised to purchase military stores. They appointed a committee of safety to sit during the recess. The more southern provinces, particularly Penn- sylvania, Virginia and Maryland, displayed the same determination to resist, and passed resolutions designed to animate those who, in Massachusetts, stood in the post of danger. General Gage having received intelligence that a number of field -pieces were collected at Salem, dis- patched a party of soldiers to take possession of them, in the name of the king. The people, how- ever, assembling in great numbers, prevented the military from advancing to the town, by pulling up a draw-bridge, which it was necessary for them to pass ; and they returned to the governor, without accomplishing their purpose. The next attempt was followed by more interesting consequences. The provincials had deposited a large quantity of ammunition and stores at Concord, about twenty miles from Boston ; these General Gage resolved to seize or destroy; and with that view, on the 18th of April, 1775, he sent a detachment of 800 men, under the command of Colonel Smith, and Major Pitcairn, ordering them to proceed with the utmost expedition, and with all possible secrecy. Notwithstanding his care, and the alacrity of the soldiers, the provincials had notice of his design ; and when the British troops arrived at Lexington, within five miles of Concord, the militia of the place were drawn up on the parade, and ready to receive them. The advanced body of the regulars approached within musket-shot, when Major Pitcairn, riding forward, exclaimed, " Disperse, you rebels ! throv down your arms and disperse." Not being instantly obeyed, he discharged his pistol, and ordered his men to fire. They fired and killed eight men. The militia dispersed, but the firing continued. The detachment then proceeded to Concord, destroyed and took possession of the stores which were there. Having effected their purpose, the military began to retire ; but the colonists, pressing upon them on all sides, they retreated to Lexington, where they met Lord Percy, with a reinforcement of 900 men. In consequence of this, they quitted Lexington, and continued their march towards Boston, which they reached the day after, though not without frequent interruption, and very great difficulty. The Ameri- cans being acquainted with the grounds, while the British were not, possessed a great advantage, which they improved to the utmost in harassing their retreat. From every place of concealment, a stone fence, a cluster of bushes, or a barn, the con UNITED STATES. IU37 cealed provincials poured upon them a destructive Hre. At sun-set, almost overcome with fatigue, they passed Charlestown Neck, and found on Bunker's Hill a place of security and repose. There, under the protection of a man-of-war, they passed the night, and the next morning went to Boston. The affair of Lexington, where the first blood was spilled, has justly been considered as the commence- ment of the American war. In the retreat from that place, the British lost 273 killed, wounded, and missing ; and the provincials 88. The intelligence of the battle of Lexington spread ing rapidly through the colonies, caused a deep sen- sation. Through all the country the cry was, " to arms." An army of 20,000 men soon collected in the neighbourhood of Boston. General Gage had, however, fortified the town so strongly, that, nume- rous as they were, the provincials durst not attempt it by assault. On the other hand, the governor was too weak to contend with them in the field. The possession of Ticonderoga and Crown Point, on which depended the command of lakes George and Champlain,was an object of essential importance. Accordingly, some gentlemen of Connecticut bor- rowed on their individual credit 1,800 dollars from the legislature of the colony, tc enable them to un- dertake the enterprise. As success depended on secrecy and dispatch, they resolved not to wait to receive the sanction of congress, in the confidence that the number of men necessary for the expedition, might be raised among the hardy mountaineers, in- habiting the country that bordered the lakes. About 40 volunteers set out from Connecticut, towards Benningtou, where the authors of the expedition proposed meeting with Colonel Ethan Allen ; and engaging him to head their enterprise, Colonel Allen readily entered into their views, and met them with 230 Vermont volunteers, at Castleton. The next day, he was joined by Benedict Arnold, of Connecticut, who upon the first alarm had repaired to Boston ; and having conceived the same project, had been authorized by the committee of safety in Massachusetts, to undertake it. They reached lake Champlain, opposite Ticonde- roga, on the 9th of May. Arnold and Allen em- barked with the first body of troops, consisting of 83 men, landed at dawn of day, and completely sur- prised the fortress. The approach of a hostile force was so unexpected to De la Place, the commander, that he knew not from what quarter they were, and when summoned to surrender, he demanded by what authority. " In the name of the great Jehovah and the Continental Congress," said Allen. De la Place was incapable of making any resistance, and deli- vered up the garrison, which consisted of only three officers and 44 privates. The remainder of the troops having landed, Co- lonel Seth Warner was dispatched with a small party against Crown Point, and took possession of it with- out opposition. Arnold, having manned and armed a small schooner, found in South Bay, captured a sloop-of-war lying at the outlet of the lake. The pass of Skeensborough was seized at the same time by a detachment of volunteers from Connecticut. Thus were obtained without bloodshed, these im- portant posts, and the command of the lakes on which they stood, together with 100 pieces of can- non, and other munitions of war. The successes with which this expedition was crowned, greatly- tended to raise the confidence which the Americans felt in themselves. Second Meeting of Congress. British Troops arrive. Fortifications on Breed's Hill. Conflict with the British. Washington elected Commander-in-chief. Georgia joins the Confederacy. First Line of Posts. (1775.) The continental congress assembled at Philadelphia on the 10th of May, and Mr. Hand- cock was chosen president. Though the delegates were all animated with a determined spirit of oppo- sition to parliamentary taxation, it was the prevail- ing sentiment in the middle and southern colonies, that a reconciliation with England might still be effected. For this object it was determined to ad- dress once more a humble and dutiful petition to the king; but as no great confidence could be placed in its success, it was unanimously determined to put the country in a state of defence Bills of credit, drawn upon government, and not payable at any definite period, to the amount of 3,000,000 dollars, were issued for defraying the expenses of the war ; and a cessation of the exportation of all provisions to those colonies which had not deputed members to congress, was unanimously determined on. The middle and southern colonies, though not as forward as the northern, were every where preparing for hostilities, and the royal government was in all of them laid aside. In Virginia, Lord Dunmore, the governor, seized by night some powder at Williamsburg, belonging to the colony, and conveyed it on board the Fowey, a British ship-of-war, in James river, at Yorktown. This act of the governor's was condemned by several counties, and Patrick Henry, at the head of the in- dependent, companies in his vicinity, marched to- wards the seat of government, with the avowed pur- pose of obtaining by force, restitution of the powder, or an equivalent value. He was met by a messen- ger who paid him the value of the powder, when he and his party returned to their homes. Lord Dunmore fortified his palace, but soon after, apprehending personal danger, he retired on board the Fowey, then lying at Yorktown, from which he issued his proclamation, making charges of illegal practices against Henry and his associates in the affair of the powder, which highly offended the peo- ple, with whom this measure of their favourite leader was particularly popular. In North Carolina, Governor Martin was obliged to take refuge on board a ship-of-war in Cape Fear river. South Carolina had always resisted parliamentary taxation, and the governor, Lord William Campbell, sought personal safety by retiring from the province. New York contained many advocates for freedom; yet such was the affection of some for the royal cause, that they declined choosing delegates to con- gress in May 1775 ; but the majority were actuated by different feelings. Accordingly, a convention was chosen for the sole purpose of electing members, who should represent that province in the grand council of the colonies. About the latter end of May, the British army in Boston, receiving a powerful reinforcement from England, under Generals Howe, Clinton, and Bout- goyne, martial law was proclaimed, and pardoix offered to all who would return to their allegiance except Samuel Adams and John Hancock ; but this,' like every other measure designed to intimidate or divide, served only to unite the Americans in one common feeling of indignation, and consequently increase their courage and activity. 1038 THE HISTORY OF AMERICA. The movements of the British army excited an apprehension that General Gage intended to pene- trate into the country. It was therefore recom- mended by the provincial Congress to the council of war, to take effectual measures to annoy them in their present situation. For this purpose a detachment of 1000 men, under Colonel Prescott, was ordered on the night of the 16th of June, 1775, to throw up a breastwork on Bunker's Hill, near Charlestown. By some mis- take, the troops intrenched themselves on Breed's Hill, nearer to Boston. They proceeded with such silence and activity, that by return of light they had nearly completed a strong redoubt, without being discovered. At the dawn of the morning, however, the British, discovering the advance of the Ameri- cans, commenced a severe cannonade from the ships in the river. But this not interrupting the Americans, a body of about 3000 men under Gene- rals Howe and Pigot, left Boston in boats, and landed under the protection of the shipping in Charlestown, at the extreme point of the peninsula, and advanced against the Americans. Generals Clinton and Burgoyne took their station on an emi- nence in Boston, commanding a distinct view of the hill. The spires of the churches, the roofs of the houses, and every height which commanded a view of the battle ground, were covered with spectators, taking deep and opposite interests in the conflict. The Americans waited in silence the approach of their enemy, until they were within ten rods of the redoubt. Then taking a steady aim, and having advantage of the ground, they poured upon them a deadly fire. The British were thrown into confu- sion, and many of their officers were killed. They were twice repulsed, yet they again rallied, and ad- vanced towards the fortifications. The redoubt was attacked on three sides at once. The ammunition of the colonists began to fail. In this situation courage was no longer of any avail, and Colonel Prescott, who commanded the redoubt, ordered a retreat. They were obliged to pass Charlestown Neck, where they were exposed to a galling fire from the ships in the harbour. During the engagement, the town of Charlestown, which is separated from Boston by a narrow sheet of water, was set on fire, and the houses being chiefly wood, the whole town was soon reduced to ashes. In this engagement, 3000 men, composing the flower of the British army, were engaged, and high encomiums were bestowed on the resolution they manifested. Their killed and wounded amounted to 1054. Notwithstanding the danger of their re- treat over Charlestown Neck, the loss of the Ameri- cans was only 450 men. Among the killed was General Joseph Warren, a gentleman greatly be- loved and regretted. Although the ground was lost, the Americans claimed the victory ; and it was uni- versally asked how many more such triumphs the British army could afford? The boldness with which the undisciplined troops of the colonies so long withstood the charges of the regulars, increased their confidencfl, and convinced the English that they had to contend with a resolute foe. In the midst of these military transactions, the continental congress assembled at Philadelphia. It comprised delegates from twelve colonies; all of whom were animated with a determined spirit of opposition to parliamentary taxation. Mr. Hancock, the proscribed patriot, was again chosen president. Congress proceeded to the choice of officers to com- mand their united forces. The northern delegates determined to give their suffrages for commander- in-chief, to a person residing in the southern pro- vinces; in orcier to interest that section of the union more warmly in the cause of resistance. On the 15th of June, two days previous to the battle of Bunker's Hill, by unanimous vote of congress, George Washington, then present as a delegate from Virginia, was elected to that important station. He had been elected a member of the first grand congress at Philadelphia, where his example and influence produced very considerable effects ; and now that the situation of the provincials called for a man of tried firmness and approved judgment, he was unanimously elected " general and commander- in-chief of the army of the united colonies." When his appointment was intimated to him by the presi- dent of the congress, he modestly observed that he was not equal to the duties of the station to which their partiality had raised him ; but he declared at the same time, that he was ready to exert whatever talent he might have in the service of his country. Artemas Ward of Massachusetts, Colonel Lee, formerly a British officer, Philip Schuyler of New York, and Israel Putnam, then before Boston, were at the same time appointed to the rank of Major- generals; and Horatio Gates to that of Adjutant- general. Soon after his election, Washington set out for the camp at Cambridge. He found the American army, consisting of 14,000 men, posted on the heights around Boston, forming a line which extended from Roxbury on the right, to the river Mystic on the left, a distance of twelve miles. The British forces occupied Bunker's and Breed's Hill, and Boston Neck. This disposition of the troops greatly dis- tressed the British, who were confined to Boston, and often obliged to risk their lives to obtain the means of sustenance. General Washington found the colonists ani- mated with great zeal, and prepared to follow him in the most desperate undertakings: but he soon perceived that they were unacquainted with subor- dination, and strangers to military discipline. The spirit of liberty which had brought them together, showed itself in all their actions. In the province of Massachusetts the officers had been chosen by the votes of the soldiers, and felt themselves in no de- gree superior to them. The congressional and co- lonial authorities likewise interfered with each other. The troops were scantily supplied with arms and ammunition, and all their operations were retarded by the want of engineers. These difficulties were in a great measure overcome by the talents and perseverance of Washington. He formed the sol- diers into brigades, and accustomed them to obe- dience : he requested the congress to nominate a commissary-general and paymaster-general, which officers they had neglected to appoint. A number of the most active men were constantly employed in learning to manage the artillery; and such were the efforts of the commander-in-chief, that in a short time the army was organized, and fit for service. In the meantime a solemn, dignified declaration, in the form of a manifesto, setting forth the causes and necessity of the war, was prepared by congress, to be published to the world. In July, Georgia entered into the opposition made to the claims of the British parliament to tax America,and chose delegates to congress ; after which, the style of " the Thirteen United Colonies" was as- sumed, and, by that title the English provinces con- federated and in arms, were thenceforth designated. UNITED STATES. 1039 During this session of congress also, the first line of posts for the communication of intelligence through the United States, was established. Benjamin Franklin was appointed, by an unanimous vote, postmaster-general, with power to appoint as many deputies as he might deem proper and necessary, for the conveyance of the mail from Falmouth, in New England, to Savannah, in Georgia. Americans send two parties against Canada Montgo- mery invests St. John's Colonel Allen makes an at- tempt on Montreal He is taken prisoner Mont- gomery takes St. John's And Montreal Proceeds to Quebec Arnold arrives at Point Lei'i Attempts to surprise Quebec Montgomery arrives Quebec assaulted Montgomery killed Arnold wounded Part of the assailants surrender Arnold blockades Quebec. (1775.) While the British army was closely block- aded in Boston, without the power of annoying the surrounding country, congress conceived the design of sending a force into Canada Two expeditions were accordingly organized and dispatched, one by the way of Champlain, under General Schuyler of New York, the other by the way of the river Ken- nebeck, under the command of Arnold. General Lee, with 1200 volunteers from Connecticut, was also directed to repair to New York, and with the aid of the inhabitants, fortify the city, and the highlands on the Hudson river. In pursuance of the plan of guarding the northern frontier by taking Canada, Generals Schuyler and Montgomery, with two regiments of New York mi- litia, and a body of New England men, amounting in the whole to about 2000, were ordered to move towards Ticonderoga, which had remained in pos- session of the Americans since the expedition of Colonels Arnold and Allen. Brigadier-general Montgomery was ordered to proceed in advance, with the troops then in readi- dess, and lay siege to St. John's, the first British post in Canada, about 150 miles north of Ticonde- roga. General Schuyler soon followed, and on arriving at the Isle aux Noix, twelve miles south of St. John's, sent circular letters to the Canadians, exhorting them to arouse and assert their liberties, declaring that the Americans entered their country as friends and protectors, not as enemies. The in- telligence received of the situation of St. John's, de- termined them to wait at the Isle aux Noix, for their remaining- troops and artillery. Gen. Schuyler returned to Albany to hasten their departure ; and being prevented from again joining the army, the chief command devolved on Montgomery. On re- ceiving the reinforcement he invested St. John's ; but being almost destitute of battering cannon and of powder, he made no progress in the siege. Colonel Allen, the hero of Ticonderoga, had a command under General Montgomery ; and was sent by him with about 80 men, to secure a party of hostile Indians. Colonel Allen having effected his object, was returning to head-quarters, when he was met by Major Brown, who, with a party, had been on a tour into the country, to observe the disposi- tions of the people, and attach them, if possible, to the American cause. It was agreed between them to make a descent upon Montreal. They divided into two parties, intending to assail the city at two opposite points. Allen crossed the river in the night, as had been proposed ; but by some means Brown and his party failed. Instead of returning, Allen with great rashnsss determined to maintain his ground. In the morning the British general, Car- leton, at the head of a few regulars and several hundred militia, marched to attack him. Allen, with his little band of 80, fought with desperate courage ; but he was compelled to yield, and he and his brave associates were instantly loaded with irons, and in that condition sent to England. On the 13th of October, a small fort at Charnblet, which was but slightly guarded, was taken. Several pieces of artillery, and about 120 barrels of gun- powder, were the fruits of this victory ; which en- abled General Montgomery to proceed with vigour against St. John's. In defiance of the continual fire of the enemy, the Americans erected a battery near the fort St. John's, and made preparations for a severe cannonade, and an assault, if necessary. General Carleton, hearing of the situation o'f St. John's, raised a force for its relief. He had posted Colonel McLean, with a Scotch regiment, at the mouth of the Sorel, and attempted to cross at Lon- gueil for the purpose of forming a junction, and marching to the relief of St. John's. Colonel Warner, who was stationed at Longueil with 300 moun- taineers and a small piece of artillery, kept up so warm a fij-e upon their boats, that they were com- pelled to return to Montreal When the news of this repulse reached Mont- gomery, he sent a flag to Major Preston, who com- manded the besieged fortress, summoning him to surrender; as all hope of relief was cut off by Carleton's repulse, and further resistance could only lead to useless destruction of lives. It was accord- ingly surrendered, November 3, and soon entered by the American troops. General Carleton now abandoned Montreal to its fate, and made his escape down the river in the night in a small canoe, with muffled oars. The next day General Montgomery, after engaging to allow the inhabitants their own laws, the free exercise of their religion, and the privilege of governing them- selves, entered the town. His benevolent conduct induced many to join his standard : yet some of his own army deserted from severity of climate, and many whose time of enlistment had nearly expired, insisted on leturning home. With the remnant of his army, consisting of 300 men, he began his march towards Quebec, expect- ing to meet there the detachment of troops under Arnold, who were to penetrate by the way of Maine. Arnold commenced his march with 1000 men, about the middle of September. After sustaining almost incredible hardships, he arrived at Point Lev', opposite Quebec, on the 9th of November. On the 13th, he crossed the St. Lawrence in the night, and ascending the precipice which Wolfe had ascended before him, formed his army, which from the hardships it had endured, was reduced to 709 men, on the heights near the memorable plains of Abraham. He then marched towards Quebec, in the hope of surprising it. But, being convinced by a cannon-shot from the walls, that the garrison were ready to receive him, he was obliged to retire ; and on the 18th marched to Point aux Trembles, to await the arrival of Montgomery. On the 13th of October, General Arnold had in- trusted an Indian whom he met, with a letter for General Schuyler, giving him information of his progress, which the Indian delivered to General Cavleton ; and thus, in all probability, was the enterprise frustrated. General Carleton, who had escaped the vigilance 1040 THE HISTORY OF AMERICA. otihc provincial batteries at Montreal, arrived at Quebec, immediately after Arnold had withdrawn his troops, and began to prepare for a vigorous de- fence. His garrison consisted of 1500 men. General Montgomery arrived on the 1st of De- cember. The united forces of the Americans amounted to less than 1000 effective men. On the 5th, Montgomery addressed a letter to the go- vernor, and sent a flag with a summons to surrender. General Carleton ordered his troops to fire upon the bearer of the flag, and forbade all communication. Montgomery attempted to batter the walls, and harass the city by repeated attacks. During one night, he constructed a battery of ice, where he planted his cannon ; but they were not of sufficient force to make any material impressiou, or to alarm the garrison. Montgomery now found himself under circum- stances much more delicate and embarrassing, than those which had sixteen years before environed Wolfe at the same place. Several feet of snow covered the ground : and his troops had undergone the severest hardships of which human nature is capable. Yet to abandon the enterprise was to relinquish fame, and disappoint the expectations, however unreason- able they might be, of his too sanguine countrymen. He therefore, with the unanimous approbation of his officers, came to the desperate determination of storming the city. Just at the dawn of day on the 31st of December, and during a violent snow-storm, the troops marched from the camp, in four divisions, commanded by Montgomery, Arnold, Brown, and Livingston. The two latter were to make feigned attacks ; while Arnold and Montgomery were to make an assault at opposite points. Montgomery, at the head of his valiant band, was obliged to ad- vance through a narrow path, leading under the projecting rocks of a precipice. When they reached the block-house and picket, he assisted with his own hands to open a passage for his troops, encouraging by his voice and his example his brave companions. They advanced boldly and rapidly to force the bar- rier, when a single and accidental discharge from a cannon, proved fatal to this brave and excellent officer, and thus destroyed the hopes of the enter- prise. Several of Montgomery's best officers shared his fate ; and Colonel Campbell, on whom the com- mand devolved, found it impossible to pursue the advantages already gained. In the meantime, Arnold, at the head of his de- tachment, was advancing with the utmost intrepidity, when he received a musket-ball in the leg, and was carried off the field. Colonel Morgan, who suc- ceeded him, led on the troops with so much vigour, that he soon made himself master of the second bar- rier. But the troops of the garrison, freed from their apprehensions of attack at any other point, were now enabled to turn their undivided force upon Colonel Morgan and his party. In order to cut off his retreat, a detachment, with several field-pieces, attacked him in the rear, while in front he had to oppose the whole remaining garrison. The stand which this little band of provincials made against three times their number, is sufficient evidence that nothing but the death of Montgomery, and the sub- sequent retreat of the party on the opposite side, could have prevented the fall of Quebec and the surrender of Carleton. After an obstinate defence of three hours, they were compelled to surrender themselves prisoners of war. On the part of the Americans, the loss was about 400 ; that of the enemy was inconsiderable. The treatment of Carletou to his prisoners did honour to his humanity. Arnold, wounded as he was, re- tired with the remainder of his army, to the dis- tance of three miles below Quebec ; where, though inferior in numbers to the garrison, they kept it in a state of blockade, and in the course of the winter reduced it to great distress for want of provisions. Falmouth and Boston burned Attention of Americans to their navy British attempt to yain New York Are defeated Dunmore burns Norfolk Penn ex- amined before the peers Parliament of Enyland prohibit the trade of the colonies And hires mer- cenaries from Germany Bad s-tate of the army Washington fortifies Dorchester heights He com- pels the British to evacuate Boston Arnold's diffi- cult situation at Quebec General Thomas super- sedes him Siege of Quebec raised Thomas die* Loss of the Americans at the Cedars General Thompson and 200 Americans taken prisoners British Jleet arrives at Charlestown Attack of the. Briti-h on Sullivan's island Jasper's etploil British sail for New York Independence proposed in congress Independence declared State of the country Eminent men. (1775.) While these events were transacting in the north, the royal force, both by sea and land, was turned against New England. Orders were given to the British officers to treat the Americans as rebels, and to lay waste and destroy all such sea- ports as had taken part in the rebellion. In conse- quence of these orders, the town of Bristol in Rhode Island, and Falmouth in Massachusetts, wero burned by the ordeis of Captain Mowatt, of the British navy. These and other outrages of the royalists excited the Americans to redouble their CxXertions ; they put forth all their efforts to collect military stores ; they purchased powder in all foreign ports where it was practicable, and in many colonies commenced its manufacture. They also began more seriously to turn their attention to their armed vessels. Massa- chusetts granted letters of marque and reprisal. Congress also fitted out some frigates, and caused two battalions of marines to be raised for the service, and framed articles of war for the government of their little navy. General Washington employed in the service several cruisers to intercept the store- ships of the enemy. Congress at the same time es- tablished regular courts of admiralty for the adjudi- cation of all prizes. These measures produced a spirit of adventure, and the American coast soon swarmed with privateers. Alert and bold, they visited every sea, and greatly annoyed the British com- merce. In these enterprises, Captain Manly, of Marblehead, greatly distinguished himself. Efforts were still made by the British ministry to retain the colony of New York under their own in- fluence. They restored Tryon, who was greatly beloved by the people, to the government of New York, for the express purpose of detaching, if pos- sible, this colony from the united confederacy ; and they empowered him to make use of every measure to corrupt their political sentiments. Congress, alarmed for the safety of the colony, recommended that " all persons whose going at large would en- danger the liberty of America, should be arrested and secured." In consequence of this intelligence, Governor Tryon was obliged to take refuge on board a ship in the harbour. In November, Lord Dunmore issued a proclama- tion offering freedom to such slaves, as would leave UNITED STATES. 1041 their masters, and repair to the royal standard at Yorktown. Several hundred in consequence re- paired to the place. A body of militia immediately assembled, who, while posted near the city, were attacked by the royalists, regulars, and negroes. The militia repelled the attack, and gained a de- cisive victory. Lord Dunmore, followed by his black and white forces, took refuge on board one of his majesty's ships. In this situation he sent to Norfolk, demanding a supply of provisions. The commander of the provincials refused to comply with this requi- sition, in consequence of which, he set fire to the town, and reduced it to ashes. In the mean time, the friends of America were making ineffectual exertions in the British parlia- ment for the relief of the colonies. A reluctant vote of the peers was obtained to examine Mr. Penn, who had presented the last petition of congress to the king, emphatically styled by its framers, the olive branch. He affirmed that the colonies would still allow the royal authority of Great Britain, but not its system of taxation ; and that the rejection of the present offer would certainly prove an insuperable bar to a reconciliation : but the prevailing wish in America still was, restoration of friendship with (ireat Britain. He was informed that no answer would be given to his petition. A bill was passed in parliament, prohibiting all trade and intercourse with the revolted colonies ; and their property, whe- ther ships or goods, was declared to be forfeited to the ships or crews, who might be their captors. Treaties were made with the landgrave of Hesse Cassel and other German princes, hiring of them 17,000 men, to be employed against the Americans ; and it was determined to send over in addition to these, 25,000 English troops. When the intelligence of the " Prohibitory Act" and the " Treaty for the German Troops" reached America, such indignant feelings were excited, that their flag, which had hitherto been plain red, was changed to thirteen stripes, as emblematical of the union of the colonies. At the close of the year 1775, the American army was almost destitute of the necessary supplies for carrying on the war. The terms of enlistment with all of the troops had expired in December, and although measures had been taken for recruiting the army, yet on the last day of December, when the old troops were to be disbanded, there were but 9,650 men enlisted for the ensuing year. General Wash- ington proposed to congress to try the influence of a bounty, but his proposal was not acceded to until late in January, and it was not until the middle of February that the regular army amounted to 14,000 men. (1776.) General Washington had continued the blockade of Boston during the winter of 1775-76, and at last resolved to bring the enemy to action, or to drive them from the town. On the night of the 4th of March, a detachment under the command of General Thomas, silently crossed the neck of land which separates Dorchester heights from the town, and constructed, in a single night, a redoubt which gave them command of the heights, and menaced the British shipping with destruction. When the light of the morning discovered to General Howe the advantage the Americans had gained, he per- ceived that no alternative remained for him, but to dislodge them or evacuate the town. He immedi- ately dispatched a few regiments to attempt the former, but a violent tempest of wind and rain rendered their efforts ineffectual. The Americans had continued with unremitting industry to strengthen HlST. OF AMll. NOS. 131 & 13^. their works, until they were now too secure to be easily forced. After the failure of this attempt, a council of war was held, in which it was resolved to evacuate the town. Preparations were immediately made for the embarkation of the troops, and on the morning of the 17th, the whole British force, with such of the loyalists as chose to follow their fortunes, set sail for Halifax. As the rear of the British troops were embarking, General Washington en- tered the town in triumph. In the plans for the campaign of 1 776, beside the relief of Quebec, and the recovery of Canada, two expeditions were resolved upon by the British. The object of the one was to reduce the southern colo- nies ; the command of this was given to General Clinton and Sir Peter Parker : and the object of the other was to gain possession of New York. The command of this was given to Admiral and Sir William Howe. Arnold had continued the siege of Quebec, and had greatly annoyed the garrison ; but he found himself oppressed with many difficulties. His army had suffered extremely from the inclemency of the season, and the small-pox had made its way into the camp. Notwithstanding the garrison of Montreal had been sent to reinforce him, he had at this time scarcely 1000 effective men. The reinforcements which had been ordered by congress to his relief, were slow in arriving, and when they reached Que- bec, they were greatly reduced in numbers by dis- ease. Added to this, the river was now clear of ice, and the British fleet was daily expected to arrive. General Thomas, who had been sent by congress, now succeeded Arnold in command. He was un- willing to raise the siege of Quebec without making another effort to reduce the place. With the view of burning the vessels of the governor, a fire-ship was sent down the river. He intended to take ad- vantage of the disorder which would ensue, to make an assault upon the town. The garrison, when they saw the ship, immediately commenced firing, and the attempt failed. Having now nothing further to expect from a siege, and seeing his troops daily diminish, both in numbers and courage, General Thomas resolved to abandon the enterprise. On the very day appointed for raising the siege, several British vessels came in sight of Quebec, bringing reinforcements to the garrison. These ships now had the command of the river, and prevented any communication between the different parts of the American camp. General Thomas found it neces- sary to retreat with the greatest precipitation, leav- ing behind him the baggage, artillery, munitions, and whatever else might have retarded the maich of the army. Many of the sick, together with all the military stores, fell into the hands of the enemy. Had General Carleton vigorously pursued the Americans, they could not, probably, have effected their retreat ; but he seemed only desirous of driving the besiegers from the neighbourhood. He treated with great kindness the sick and other prisoners who fell into his hands. The Americans continued their retreat to the river Sorel, having marched the first 45 miles without halting. Here they found a reinforcement of several regiments, under the com- mand of General Thompson, waiting their arrival. General Thomas was now seized with the small- pox, of which he died. The command devolved upon General Sullivan. Adverse fortune seemed in every part of Canada to follow thp American arms, \V"hile the troops before Quebec were compelled to retreat by a supe- 4Q 1042 THE HISTORY OF AMERICA. rior force, a calamity, resulting from cowardice, was experienced by a body of the Americans, in another quarter. A garrison of 400 men, under the com- mand of Colonel Bedel, was stationed at the Cedars, about 40 miles above Montreal, at the head of one of the rapids. Colonel Bedel, having received infor- mation that Captain Foster, with about 500 royalists and Indians, was descending the river to attack the post, immediately proceeded to Montreal, to obtain assistance; leaving the command with a subordi- nate officer. They invested the fort, and the Ame- rican officer, intimidated by the threat of Captain Foster, that if any of the Indians were killed, a general massacre of the Americans would take place, surrendered the post without resistance. A rein- forcement, under the command of Major Sherburne, was ordered to march from Montreal. While on his way thither, ignorant of the surrender of the fort, Major Sherburne was attacked by the Indians, to whom, after a spirited defence, he was obliged to surrender. The loss of the Americans at this place could not have been less than 500. The British army in Canada was now augmented to 13,000 men ; and although they were scattered along the banks of the St. Lawrence, yet the general place of ren- dezvous was at Three Rivers, a village about half way from Quebec to Montreal. The party stationed at this place was under the command of General Frazer; another, under General Nesbit, was near them, on board the transports ; one greater than cither, with Generals Carleton, Burgoyne, Philips, and the German Baron Reidesel, was on its way from Quebec. General Sullivan detached General Thomp- son from the river Sorel, with a considerable body of troops, to attack the enemy at Three Rivers. General Thompson dropped down the river by night, with an intention of surprising the forces under General Frazer. The troops passed the ships without discovery ; but arrived at Three Rivers an hour later than had been intended ; in consequence of which, they were discovered, and an alarm was given at their landing. They were fired on by the ships in the river ; to avoid which, they attempted to puss through what appeared a wood, but was in reality a deep morass ; the difficulties of which were scarcely surmounted, when a tremendous five was opened upon them, which threw the whole detach ment into confusion ; and each man took the best means of effecting his own safety. In this unfortu- nate enterprise, General Thompson and about 200 men were made prisoners. General Sullivan ivas induced by the unanimous opinion of his officers, to abandon the post at Sorel, after the British entered it. He was joined at St. John's by General Arnold, who had crossed at Lon- gucil, just in time to save the garrison from falling into the hands of the enemy. General Sullivan, at the Isle aux Noix, received the orders of General Schuyler to embark on the lakes for Crown Point ; which post they reached in safety, June 15th, 1776. On the Sorel the pursuit stopped. The Americans had the command of the lakes, and the British ge- neral deemed it prudent to wrest it from them, be fore he advanced further. Thus ended the enterprise against Canada. It was a bold, though unsuccessful, effort to annex that extensive province to the United Colonies. It had, however, in its commencement, been attended with success to the Americans, and displayed the military character of the colonial offi- cers, in the most honourable point of view. In the beginning of June, the British fleet under Sir Peter Parker came to anchor in the harbour o* Charlestown, where it was joined by General Clinton, vho had been waiting its arrival at Cape Fear. L'his fleet brought the expected reinforcements, with L,ord Cornwallis, General Vaughan, and Colonel Sthan Allen, who was now exchanged. This officer, vith his fellow-prisoners, had been confined in Pen- dennis-castle, in Cornwall. Fortunately, an official letter had been intercepted early in the year, announcing the departure of this armament from England, and its destination against the southern states. This gave the colonists an op- )ortunity to be prepared for its reception. Sulli- van's Island, at the entrance of Charlestown harbour, lad been strengthened; and a fort had been con- structed with the palmetto-tree, which resembles ery much the cork. On learning the near approach f the enemy, the militia of the country were sum- moned to defend the capital. The popularity of General Lee, the commander, soon collected a force of 5,000 or 0,000 men ; and his high military repu- tation gave confidence to the citi/cns as well as soldiers. Under him were Colonels Gadsdcn, Moul- trie, and Thompson. Colonel Gadsdcn commanded a regiment stationed on the northern extremity of James Island ; two regiments, under Colonels Moultrie and Thompson, occupied the opposite ex- tremities of Sullivan's Island. The remainder of the troops were posted at various points. General Clinton lauded a number of his troops on Long Island, separated fiom Sullivan's Island on the eastern side, by a small creek. The fort on Sulli- van's Island was garrisoned by about 400 men, commanded by Colonel Moultrie. The attack on this fort commenced on the morning of the 28th of June. The ships opened their several broadsides upon it; and a detachment was landed on an adjoin- ing isL n ' ! ' ~ "'">' ' ir Te the sea was fo charge but Mo- i; .. fire witii ' '. suffcrci . in thei to aba about '. palmel defenc sunk b hencei Dm occun the fl. r the A theB But Beared ; ai: . strip* America was on to thf ;r view. The staff had beei, a sh ;tnd the flag bad fallen upon the the \ per, bulh It cent advf wou ' Gre bef.'. had Isl. d New York : aft Liu UNITED STATES. 1043 In a few days after the repulse at Charlestown, the British fleet, with the troops on board, set sail for the vicinity of New York, where the whole British force had been ordered to assemble. On the 7th of June, Richard Henry Lee, of Vir- ginia, made a motion in congress, for declaring the colonies FREE AND INDEPENDENT STATES. The most vigorous exertions had been made by the friends of independence to prepare the minds ot the people for the necessity and advantage of such a measure. Among the numerous writers on this momentous question, the most luminous and forci- ble was Thomas Paine. His pamphlet entitled ' Common Sense," was read and understood by all. While it demonstrated the necessity, the advantage, and the practicability, of independence, it treated kingly government and hereditary succession with ridicule and opprobrium. Two years before, the inhabitants of the colonies were the loyal subjects of the king of England, and wished not for inde- pendence, but for constitutional liberty. But the crown of England had, for their assertion of this right, declared them out of its protection ; rejected their petitions ; shackled their commerce ; and fi- nally employed foreign mercenaries to destroy them. Such were the excitements which, being brought up and directed by the master spirits of the times, had, in the space of two years, changed the tide of public feeling in America, and throughout her extensive regions produced the general cry of," WE WILL BE FREE." Satisfied, by indubitable signs, that such was the resolution of the people, congress deliberately and solemnly decided to make in a formal manner, this declaration to the world, " America is, and of rieht ought to be, a free and independent nation." The declaration of independence was agreed to in congress, on the 4th of July, 1776. Thomas Jefferson, John Adams, Benjamin Frank- lin, Roger Sherman, and R. R. Livingston, had been appointed, on the llth of June, to prepare a declaration of independence. It was agreed by this committee that each one should draw up such a one as his judgment and feelings should dictate ; and that upon comparing them together, that one should be chosen as the report of the committee, which should prove most conformable to the wishes of the whole. Mr. Jefferson's paper was the first read ; and every member of the committee determined, spontaneously, to suppress his own production ; ob- serving that it was unworthy to bear a competition with that which they had just heard. This important document is as follows : The declaration of independence of the United States of America. Signed on the 4th of July, 1776, by a congress of delegates, assembled at Philadelphia, from the states of New Hampshire, Massachusetts, ' Rhode Island, Connecticut, New York, Netv Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia. " When, in the course of human events, it be- comes necessary for one people to dissolve the poli- tical bonds which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature's God entitle them, a decent respect to the opinions of mankind, requires that they should declare the causes which impel them to the separation. " We hold these truths to be self-evident that all men are created equal ; that they are endowed by their Creator with certain unalienable rights.; that among these are life, liberty, and the pursuit of happiness. That to secure these rights, govern- ments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government becomes destruc- tive to these ends, it is the right of the people to alter or to abolish it, and to institute a new government, lay- ing its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Pru- dence, indeed, will dictate, that governments long established, should not be changed for light and transient causes ; and, accordingly, all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such go- vernment, and to provide-new guards for their future security. Such has been the patient sufferance of these colonies ; and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great Britain, is a history of 'repeated injuries and usurpations, all having in direct object the establish- ment of an absolute tyranny over these states. To prove this, let facts be submitted to a candid world. " He has refused his assent to laws, the most whole- some and necessary for the public good. "He has forbidden his governors to pass laws of immediate and pressing importance, 'unless sus- pended in their operations till his assent should be obtained ; and, when so suspended, he has utterly neglected to attend to them. " He has refused to pass other laws, for the accom- modation of large districts of people, unless those people would relinquish the right of representation iu the legislature a right inestimable to them, and formidable to tyrants only. " He has called together legislative bodies, at places unusual, uncomfortable, and distant from the depo- sitory of their public records, for the sole purpose of fatiguing them into compliance with his measures. "He has dissolved representative houses repeatedly, for opposing with manly firmness his invasions on the rights of the people. " He has refused, for a long time after such disso- lutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise; the state remaining in the meantime exposed to all the danger of invasion from without, and convul- sions within. " He has endeavoured to prevent the population of these states ; for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. " He has obstructed the administration of justice, by refusing his assent to laws, for establishing judi- ciary powers. " He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries. " He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people, and eat out their substance. " He has kept among us, in times of peace, stand- ing armies, without the consent of our legislature. 4Q 2 1044 THE HISTORY OF AMERICA. " He has affected to render the military indepen- dent of, and superior to, the civil power. " He has combined with others, to subject us to a jurisdiction, foreign to our constitution, and unac- knowledged by our laws; giving his assent to their acts of pretended legislation, " For quartering large bodies of armed troops among us : " For protecting them, by a mock-trial, from pu- nishment for any murders which they should com- mit on the inhabitants of these states : " For cutting off our tiade with all parts of the world : " For imposing taxes on us without our consent : " For depriving us, in many cases, of the benefits of trial by jury : " For transporting us beyond seas, to be tried for pretended offences : " For abolishing the free system of English laws in a neighbouring province, establishing therein an arbitrary government, and enlarging its boundaries, so as to render it at once an example and fit instru- ment, for introducing the same absolute rule into these colonies : " For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our governments : " For suspending our own legislatures, and de- daring themselves invested with power to legislate for us in all cases whatsoever. " He has abdicated government here, by declaring us out of his protection, and waging war against us " He has plundered our seas, ravaged our coasts burnt our towns, and destroyed the lives of our people. " He is, at this time, transporting large armies o foreign mercenaries to complete the works of death desolation, and tyranny, already begun, with cir cumstances of cruelty and perfidy, scarcely parallelec in the most barbarous ages, and totally unworth) the head of a civilized nation. " He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against thei] country, to become the executioners of their friend; and brethren, or to fall themselves by their hands. " He has excited domestic insurrections amongs us, and has endeavoured to bring on the inhabitant of our frontiers the merciless Indian savages, whosi known rule of warfare is an undistinguished destiue lion of all ages, sexes, and conditions. " In every stage of these oppressions we hav petitioned for redress in the most humble terms our repeated petitions have been answered only b repeated injury. A prince, whose character is thu marked by every act which may define a tyrant, i unfit to be the ruler of a free people. " Nor have we been wanting in attention to ou British brethren. We have warned them from time to time, of attempts made by their legislatur to extend an unwarrantable jurisdiction over us We have reminded them of the circumstances o our emigration and settlement here. We have ap pealed to their native justice and magnanimity, an we have conjured them by the ties of our cemmo kindred to disavow these usurpations, which woul inevitably interrupt our connexions and correspom ence. They, too, have been deaf to the voice i justice and consanguinity. We must, therefor acquiesce in the necessity which denounces our se paration, and hold them, as we hold the rest mankind enemies in war in peace, friends. it " ' We, therefore, the representatives of th nited States of America, in congress assembled, jpealing to the Supreme Judge of the world for e rectitude of our intentions, do, in the name and y the authority of the good people of these colonies, olemnly declare, that these United Colonies are, nd of right ought to be, free and independent tates. That they are absolved from all allegiance 3 the British crown, and that all political connexion etween them and the state of Great Britain is, r the most numerous army. While Howe expected to have been seconded in his invasion of New York by 13,000 men from Canada, under Carleton, Clinton was to operate in the southern provinces and attack Charlestown. The American troops being thus di- vided, their generals surprised and pressed upon so many points at once, it was not. doubted that the British arm* would soon be successful. This sue- 1046 THE HISTORY OF AMERICA. cess, however, was dependent upon the concurrence of a number of parts. Admiral Howe, retarded by contrary winds, did not arrive until the expedition of Charlestown had failed. The army of Canada en- countered so many obstacles, that it was not able to make its way this year to v the Hudson. Hence, Washington was not compelled to weaken his army upon the coast to send succou-s into South Carolina, or towards Canada. The American congress had ordered the con- struction of gun-boats, of galleys, and floating bat- teries to defend New York and the mouth of tho Hudson. Thirteen thousand of the militia were ordered to join the army of Washington. This army amounted to 27,000; but a fourth of these were invalids, and another fourth were poorly pro- vided with arms. From these and other causes, the force fit for duty did not exceed 10,000. And of this number the greater part was without order or discipline. These inconveniences proceeded in part from want of money, which prevented congress from paying regular troops and providing for their equip- ments, and partly from parsimonious habits, con- tracted during peace, which withheld them from in- curring with promptitude the expenses necessary to a state of war ; while their jealousy of standing armies inspired the hope of organizing each year an army sufficient to resist the enemy. The American army occupied the island of New York. Two detachments guarded Governor's Island and Paulus Hook. The militia under the American Clinton were stationed at East and West Chester and New Rochelle, to prevent the British landing in force on the north shore, penetrating to Kings- bridge, and thus enclosing the Americans in the island. A considerable part of the army, under General Putnam, encamped at Brooklyn, in a part of Long Island which forms a sort of peninsula. The entrance was fortified with moats and intrench- ments. Putnam's left wing rested upon Wallabout Bay, his right was covered by a marsh adjacent to Gowau's Cove. Behind was Governor's Island and the arm of the sea between Long Island and New York, which gave him direct communication with the city, where Washington was with the main army. On the 22nd of August, the English landed with- out opposition, between the villages of New Utrecht and Gravesend, on Long Island. They extended themselves to Flatlands, distant four miles from the Americans, and separated from them by a range of hills called the heights of Gawanus, which, covered with woods, and running from east to west, divide the island into two parts. These hills were passable ;the depredations which their swift-sailing privateers made upon the British commerce. With these they infested every sea, even those about the British islands, and often performed deeds of almost incredible boldness. Since 1776 they had already captured 500 of the British vessels. Early in the season, Sir Henry Clinton arrived in Philadelphia to supersede Howe in the command of the British forces ; that generals-having resigned his commission,* and returned to England. The news of the capture of Burgoyne caused a deep sensation throughout Europe, and affected the politics of several of its cabinets. It produced, however,;its chief effectsf'in England , and; France. The former nation was, astonished and afflicted; theirv,sanguine calculations were defeated ; their boastful predictions had failed ; and they were mor- tified and perplexed, and knew not what course next to pursue. The generals and soldiers who had fought in America .were not inferior to any that England or Europe could produce. These the Americans had vanquished. Of what, then, might they not be capable in future, when they should have derived new confidence from successes, and conso- lidated their state by'practice and experience ? The garrisons of Canada were weak, and the Americans might turn.their victories against them: the Cana- dians following the example of the Americans, might also revolt from Britain. Enlistments, both* in America and England, became daily more difficult, and the Germans;would only furnish troops to fulfil the engagement 'already made. And for the few recruits which they could raise, several of the German princes refused a passage through their dominions. France had long, by secret intrigues, favoured the cause of America ; and the perplexities of the British ministry were doubled, by the belief that she would soon J openly disclose herself; and thus her ancient and inveterate foe be joined in the contest with her alienated colonies. When the difficulties of America commenced, the finances of France were diminished by preceding wars, and her marine enfeebled by neglect. The navy of England was powerful, her colonies in dif- UNITED STATES. K)f,? fereut quarters numerous and wealthy, aud produc- tive of an immense revenue. France, jealous of her rival, viewed the discontents in America with plea- sure. She did not at first espouse the quarrel, knowing that, at the moment she should declare her- self, the British ministry, by acquiescing in the con- cessions demanded by the Americans, might in- stantly disarm them, and France would find herself alone,' burdened with a war without motive or ob- ject. The declaration of independence removed this objection; yet though France would rather see America independent, than reconciled with her pa- rent state, she relished a long war between them, which should waste both England and her colonies, better than cither. This being her policy, she amused the British ministers with protestations of friendship. She en- couraged the Americans with secret succours, but scanty and uncertain ; and excited their hopes by promises of future co-operation. These promises were, however, vague and unofficial, so that they might have been disowned by the government Wearied out and disgusted, the agents 01 con- gress urged the cabinet of Versailles to come to a final decision; but they avoided it, alleging a va- riety of excuses. Unable to accomplish their views with France, and discovering no other prospect of safety, the Americans proposed to England the re- cognition of their independence. This point con- ceded, they would have yielded in all others, to such conditions as should tend to save the honour of the mother-country ; but this proposition was rejected. The capture of Burgoyne gave new ardour to these patriots, and new hopes and fears to France and England. The American negotiators now en- deavoured to give jealousy to the French cabinet, by pretending a disposition to form an alliance with England; and disquietude to the English ministry, by the appearance of courting the strictest union with France. This policy induced the French ministers to declare themselves openly ; and they well knew that they should be warmly seconded in this measure by every class of the French citizens; with whom the cause of America was exceedingly popular. On the 6th of February, 1778, France acknow- ledged the independence of America by treaty ; and promised to support it. The treaty was signed, on behalf of France, by M. Gerard ; on the part of the United States by Benjamin Franklin, Silas Deane, and Arthur Lee. On the 20th of March, the Ame- rican commissioners were received at. the court of France, as the representatives of a sister nation ; an event which was considered in Europe as the most important which had occurred in the annals of America, since its discovery by Columbus. In the British parliament, a proposal was brought forward by the ministers, to send commissioners to America, empowered to grant all that her colonies had asked before the war, on condition of their re- turning to their former allegiance. This measure was warmly opposed, and its ill-success foretold. It is, said the opposition, either too little or too much ; too little, if we wish to make peace in earnest; too much, if we expect to continue the war. If the Americans refused any other conditions than inde- pendence, when they were single-handed and de- pressed by misfortunes, surely all others will now be rejected. Why not at once concede that indepen- dence which America has already acquired, and is able to maintain. She will then doubtless prefer our alliance to that of France, and in our coming contest with that wily nation, we shall have he as- HIST. OF A.MKR.--NOS. 133 & 131. sistance instead of her hostility. Such in substance was the language of the opposition ; but the councils of the ministry prevailed. The earl of Carlisle, Go- vernor Johnstone and William Eden were appointed commissioners. The ministry, as the result suffici- ently proves, had other than the ostensible objects in view, in sending these men to America. They were to make an attempt to bribe, corrupt aud di- vide the people. The British, highly exasperated against the French, on account of their interference, immediately made preparations to attack that nation at sea. To the astonishment of England, she now found that France was able to cope with her on that element. When the difficulties in America commenced, France had directed her attention to the maintenance of a marine. To provide excellentofficers, seamen of the merchant shipping were employed in the royal navy. In 1772, 1775, 1776, fleets, as schools of practice, were sent out under Counts D'Orvilliers, De Gui- chen, Duchffault ; and the French marine was now equal to the English. On the 2nd of May arrived the long-expected treaty with France. It was brought over by the French frigate Le .Sensible. This frigate brought also Silas Deane, who had been recalled, and M. Gerard, the minister from France to the United States. She left Brest the 8th of March, aud arrived at Casco Bay on the 2nd of May. The 6th of August, M. Gerard was received publicly by congress at Phila- delphia. Carlisle, Eden and Johnstone, arrived at Phila- delphia on the 9th of June. The concessions offered were, as was predicted too late, and congress refused to negotiate on any other terms than the recognition of their independence, and the removal of all the British forces. The commissioners next resorted to the expedient of disseminating in the country a multitude of wri- tings, in which they censured congress as requiring what was unjust, and injurious to America. They represented the alliance with France as associated with meanness, while they extolled th<; generosity and magnanimity of England. Johnstone had formerly resided in the colonies ; and afterwards, as a member of parliament, he es- poused the American cause. Availing himself of the influence which these circumstances had given him, he approached many influential republicans ; and while he flattered them for their abilities and conduct, he adroitly insinuated that, if the royal authority could again be established, their merits would be rewarded by wealth, titles and honours. In some cases attempts at direct bribery were dis- covered : a lady was employed by Johnstone to offer to General Reed, if he would aid the royal cause, 10,000/. sterling, and any office in the colo- nies within the king's gift. " I am not," said Reed, " worth purchasing ; but such as I am, the king of England is not rich enough to buy me." In some instances, Johnstone had the indiscretion to write. The indignant patriots brought forward his letters, which contained the evidence of his base intrigues, and laid them before congress. That body indignantly forbade all further communication with the commissioners. The popular writers of the times, among whom were Dayton, of South Carolina, and Thomas Paine, met and confuted their insinuations. Public opinion overwhelmed them with opprobrium ; and this abortive attempt, like former similar ones, served only to show to the British ministry, the sta- bility of that union which they endeavoured to shake. 1058 THE HISTORY OF AMERICA. Battle of Monmouth Clinton removes to New York Washington to the Hudson French fleet arrives Franklin appointed minister to France Expedi- tion against Rhode hland Siege of Newport In- dian atrocities Attack of Wyoming Savannah taken by the Brit [sit. Near the 5th of June, measures were taken by the British to evacuate Philadelphia. This was done the morning of the 18th, the army proceeding through New Jersey, to go to New York. Washington thought it wise to bring the British to an engagement on their retreat; but this opinion was contrary to that of a majority of officers. He however persisted, and brought about an engagement at Monmouth, or Freehold, on the 28th, in which the Americans had the advantage. The loss of the English was 700, that of the Americans much less. Though both sides claimed the victory, yet historians agree in awarding it to the republicans, as they remained masters of the field of battle. It was at the commencement of this engagement, that the incident occurred, which was the cause of General Lee's being censured, and suspended one year from his command. By his own request, he had been associated with General La Fayette in the command of the van. After he had attacked the Bri tish, he thought the ground in his rear more favour- able to the formation of his lines ; and he made, in some haste, a retrograde motion. Washington met the retreating troops ; and finding that Lee was abandoning aground which he had commanded him to take, and endangering the army by an appear- ance of flight, the commander inquired, with stern- ness, what he meant ; and himself gave orders for forming the battalion. In the course of the day he employed Lee; who, during the remainder of this hard fought battle, displayed such courage and military conduct, that had he not thought proper afterwards to write to the commander a disrespectful letter on the events ol the day, Washington would have taken no further notice of his irregular behaviour. Night separated the combatants, and Washington and his soldiers rested upon their arms, intending to renew the conflict the succeeding day; but Clin- ton moved off silently in the night, and was in the morning several miles distant. He moved on to Middletown, from thence to Sandy Hook, and finall) crossed over to New York. On the 1st of July, the American commander leaving Morgan's dragoons in lower Jersey, pro ceeded with his army towards the Hudson. A French fleet was now sent to the aid of Ame rica, commanded by the Count D'Estaigne. Th admiral left Toulon on the 18th of April, with th< intention of blockading the British in the Delaware He arrived on the 8th of June ; and finding tha Admiral Howe had left Philadelphia for New York he proceeded to that place, designing to engag him there; but the size of his ships prevented hi passing the bar between Sandy Hook and LODJ Island. On the 14th of September, Benjamin Franklin still in France, was invested with the dignity an powers of minister-plenipotentiary. Washington, wishing to avail himself of the pre sence of the French fleet, directed an expeditioi against Rhode Island, for which he detached a fore of 10,000 troops, under the command of Genera Sullivan. With him he afterwards associated ge nerals Greene and La Fayette. The force to whic lis army was opposed, consisted of 6000. It wai tationed at Newport, and commanded by General "igott. Sullivan had, with the advice of Washington, oncerted a plan of operations with the French ad- liral, D'Estaigne. Sullivan's army had taken ost near Providence, and he had reasonable ex- ectations, that with the aid of the French, he bould be able to make himself master of the whole orce under Pigott. The fleet was to enter the arbour of Newport, and land the French troops on he north part of the island on which that city is ituated; while the Americans were to land at the ame time, under cover of the guns of a frigate, on he opposite coast. On the 8th of August, General Sullivan joined General Greene at Tiverton, and he descent was to be made the next day. The fleet >resented itself. Some militia who were to join the irmy, failed to come at the expected hour, and Sul- ivan represented to the French admiral the neces- ity of a short delay. In the meantime the fleet of jord Howe appeared in sight. D'Estaigne left Sullivan to give chase to the British admiral. The rafty Howe led him on, and both fleets were soon >ut of sight. On the morning of the 9th, Sullivan crossed the east passage, and landed on the north end of Rhode Island, and on the 14th commenced he siege of Newport, still believing that he should lave the promised assistance of the French fleet, jreat was his chagrin and disappointment, when after its return, it having been shattered in a storm at sea, no entreaties could prevail on the admiral ,o remain; but on the 22nd he sailed to Boston to refit. Thus deserted by his allies, one half of his army, which consisted of militia, refused to remaia ,o encounter the danger he was now in, of an attack TOin the British at New York. Thus weakened, he raised the siege of Newport on the 28th, and retired to a commanding situation on the north part of the island. The enemy fol- lowed, and on the 29th attacked his army. After a sharp conflict, in which Sullivan lost 211 of his troops, and Pigott 260, the British were compelled to give way. They retired to Quaker HilJ,. The next day a letter from Washington iuformed him that Sir Henry Clinton, with a large body of troops, had put out to sea from New York. His prospects were now completely reversed, and instead of hoping to conquer the British forces, bis own were in imminent danger. By a skill that has been much commended, he succeeded in drawing off his army to the main land. The very next day, Clinton, who had been detained by adverse wind?, arrived with 4000 men at the island. This affair was unhappy in its effects. D'Estaigne had left Sullivan to his fate, not only against his entreaties, but against the warm remonstrances of Generals Greene and La Fayette. The resentment excited in the breast of Sullivan, and the disappro- bation of many others, gave to Washington the greatest uneasiness, and called forth all his address to sooth their ruffled spirits, and prevent an open rupture with the French admiral. Sir Henry Clinton, disappointed of his expected prize, bent his course towards New York, intending to make upon his way a descent upon New London; but the winds were adverse. He therefore pro- ceeded to New York ; having first left a detach- ment under General Gray, with orders to destroy, if possible, the American privateers, which resorted to Buzzard's bay, and the adjacent rivers. He ar- rived there with some transports, and succeeded in UNITED STATES. destroying 60 large vessels, and some small craft. Proceeding to New Bedford and Fair Haven, he destroyed many mills, warehouses, and much pri- vate property. In the campaign of this year, the depredations committed by the savages were more frequent and more inhuman than ever. The ruthless chiefs who guided them in these sanguinary expeditions were Butler and Brandt ; beings capable of the most horrid deeds. The devastation of the flourishing settlement of Wyoming, by a baud of Indians and lories, was marked by the most demoniac cruelties. This settlement consisted of eight towns on the banks of the Susquehannab, and was one of the most flourishing as well as delightful places in America. But even in this peaceful spot, the in- habitants were not exempt from the baneful influ- ence of party spirit. Although the majority were devoted to the cause of their country, yet the loyal- ists were numerous. Several persons had been arrested as tories, and sent to the proper authori- ties for trial. This excited the indignation of their party, and they determined upon revenge. They united with the Indians, and resorting to artifice, pretended a desire to cultivate peace with the in- habitants of Wyoming, while they were making every preparation for their meditated vengeance. The youth of Wyoming were at this time with the army, and but 500 men capable of defending the settlement remained. The inhabitants had con- structed four forts for their security, into which these men were distributed. In the month of July. 1600 Indians and tories, under the command of Butler and Brandt, appeared on the banks of the Susquehannah. Two of the forts nearest the fron- tier immediately surrendered to them. The savages spared the women and children, but butchered the rest of their prisoners without exception. They then surrounded Kingston, the principal fort, and to dis- may the garrison, hurled into the place 200 scalps, still reeking with blood. Colonel Denison, know- ing it to be impossible to defend the fort, demanded of Butler what terms would be allowed the garrison if they surrendered ; he answered, " the hatchet." They attempted further resistance, but were soon compelled to surrender. Enclosing the men, wo- men, and children, in houses and barracks, they set fire to these, and the miserable wretches were all consumed. The fort of Wilksbarre still remained in the power of the republicans : but this garrison learn- ing the fate of the others, surrendered without re- sistance, hoping in this way to obtain mercy. But submission could not soften the hearts of these un- feeling monsters, and their atrocities were renewed. They then devastated the country, burnt their dwellings, and consigned their crops to the flames. The tories appeared to surpass even the savages in barbarity. The nearest ties of consanguinity were disregarded ; and it is asserted, that a mother was murdered by the hand of her own son. None es- caped but a few women and children ; and these, dispersed and wandering in the forests, without food and without clothes, were not the least worthy of commiseration. Disputes occurred about this time, between the French and the inhabitants at Boston, and also at Charleston, South Carolina. In both these places some of the French were killed. At Boston, the Chevalier de St. Sauverie lost his life. Congress attributed these unfortunate affairs to British ma- chiuations; and the French admiral forbore to in- quire further. The Marquis La Fayette, hoping to serve the United States by his representations in <" ranee, requested and obtained permission to repass the Atlantic. Admiral D'Estaigne left Boston for (he West Indies on the 3rd of November. The same day, Commodore Hotham left Sandy Hook, having on board 5000 land troops, commanded by Major Ge- neral Grant. Admiral Byron, who had superseded Admiral Howe, followed him the 1 4th of December. The English took Martinico from the French, and the French St. Lucie from the English. In planning the campaign for this year, the Bri- tish had placed their principal hope of success in conquering the southern states. It was not, how- ever, until this late period of the campaign, that Sir Henry Clinton prepared to attempt the execu- tion of their design. He sent to Georgia, under convoy of Admiral Hyde Parker, 2500 English, Hessians, and refugees. This corps was commanded by Colonel Campbell, who was to attack by sea, while Prevost, the commander in Florida, was or- dered to commence attacks along the Savannah river. The 27th of December, Campbell arrived before Savannah, which was unprepared for defence. On the 28th, he defeated the Americans near Sa- vannah, under Major-general Robert Howe, and killed upwards of 100 of his troops. The British took immediate possession of the city. Four hun- dred and fifty American troops, and a large quantity of artillery and ammunition, fell into their hands. Late in the autumn of 1778, Washington took winter-quarters at Middlebrook. Campaign of 1779 Sunbury taken by the British- Unsuccessful attempt upon Port Royal Colonel Pickens defeats a party of Royalists General Pre- vost surprises the Americans John Rutledge gover- nor of South Carolina" British defeat General Moidtrie near Charlestown Engagement at Stono Ferry British make a descent on VirginiaGover- nor Tryon makes a descent on Connecticut Ameri- cans take Stony Point British land at Penobscot river American Flotilla destroyed Sullivan de- feats the Savages. The plan of Sir Henry Clinton was to subjugate at the outset of this campaign, the whole state of Georgia to the royal authority. The capital being already in possession of the British, they soon over- ran the adjacent country. Sunbury still held out for congress. General Prevost, (commander of the troops at St. Augustine,) pursuant to the orders of Clinton, left Florida ; and after a march of exces- sive fatigue and hardship, attacked the garrison at that place. They made a show of resistance ; but the country being now in the hands of the enemy, they were compelled to surrender at discretion. Colonel Campbell had undertaken the same enter- prise. Joining his corps to that of Prevost, they proceeded together to Savannah, where Prevost took the command of all the British forces in that region. All Georgia was now under the authority of the royalists ; and Clinton had accomplished all that he had expected to effect, before he should be joined by recruits from England. He did not consider himself in sufficient force to attackCharlestown; but aware that if he did not proceed with offensive ope- rations, his army would languish and his enemy soon put him on the defensive, he planned an expe- dition against Port Royal, giving the command to General Gardner. The English were, however, so valiantly received by the Carolinians, that they 4R2 1000 THE HISTORY OF AMERICA. were obliged to luiurn, after having experienced a severe loss. One of the motives of the British ministry iu transferring the war into the southern states, re- sulted from an opinion that a great proportion were at heart in favour of the mother-country ; and that if an opportunity presented, they would flock to her standard. They were not mistaken in the belief that there were royalists ; but they were deceived as to their number and efficient strength. This was clearly shown by events which occurred about this period. Of these royalists there were several kinds. Some of the least violent, concealing their sentiments, re- sided in the midst of the republicans ; some lived solitary and watched a favourable opportunity to declare themselves ; and some were so rancorous as even to unite with the Indians ; and assisting in their nocturnal massacres, their conduct was more barbarous than that of the savages themselves. To support and encourage these friends to the royal cause, the British generals moved up the river to Augusta. They sent out numerous emissaries, who represented to them that now was the time to join the royal standard. They were told that they wanted nothing but to unite their strength, to be- come incomparably the stronger party, and to be enabled to take vengeance on those who had so long loaded them with indignities, and to entitle them to the high rewards which await those who are found faithful among the faithless. The royalists rose in arms, put themselves under the command of Colonel Boyd, one of their chiefs ; and moving towards the British army, pillaged, burnt, and murdered on their way. Meantime the Carolinians collected a force, which, under the command of Colonel Pickens, met them, just as they had nearly reached the British posts. A furious conflict ensued. The republicans killed great numbers, and totally defeated the party. Seventy-six of the most guilty were condemned to death as criminals ; but mercy was extended to the whole number of the condemned, except five. Towards the close of the preceding year, General Lincoln was appointed, at the request of the Caro- linians, to take the command of the southern forces. He arrived on the 4th of December, at Charlestown ; and on the 17th of January, took post at Purysburg. As the enemy extended their posts up the Savannah, on the southern side, Lincoln extended his on the northern bank. He fixed one encampment at Black Swamp, and another nearly opposite to Augusta ; intending, as soon as he should be able to collect a sufficient force, to cross the Savannah, and oblige the enemy to evacuate the upper parts of Georgia. Meantime Prevost fell down the river to Hudson's Ferry. Lincoln, whose army amounted to 4000, intending to restrict him to the coast, now com- menced the execution of his design, of taking pos- session of the upper part of Georgia. He detached General Ashe with 2000 men of the North Carolina militia, to take post on Briar creek. Finding his position a strong one, and trusting too much to its strength, General Ashe was not careful to avoid sur- prise. Prevost took measures by judicious feints, to keep the attention of Lincoln diverted from Ashe, while he marched to surprise that general. He was so completely successful, that he had entered the camp of the Americans before they were aware of his approach. Panic-struck, the militia fled with- out firing a shot ; but many of them being drowned in the river and swallowed up in the marches, met with a death which they might possibly have escaped by a gallant resistance. The regular troops of Carolina and Georgia ani- mated by the example of their commander, the brave General Elbert, made a gallant resistance ; but de- serted by their friends, and outnumbered by their enemies, they were compelled to yield. By this disastrous affair, General Lincoln must have been deprived of 1600 of his troops, as only 400 returned to his camp. Again the British were masters of all Georgia. They had free communication with the encouraged loyalists ; not only in the back parts of this state, but also in those of the Carolinas : and General Prevost now proceeded to organize a colonial go- vernment. Alarmed but not dismayed, the Carolinians made the most vigorous exertions to draw out their militia. John Rutledge, in whom all classes confided, was chosen governor. By the middle of April, Lincoln found himself at the head of 5000 fighting men. On the 23rd he resumed his intention of occupying Georgia ; and leaving 1000 of his troops under Ge- neral Moultrie, to garrison Purysburg and Black Swamp, he marched with the remainder up the Sa- vannah. Meantime the army of Prevost, which was increased by the royalists, crossed the river Sa- vannah near its mouth, and defeated General Moul- trie ; who, finding Purysburg and Black Swamp untenable, had retired towards Charlestown. Hold- ing on their victorious course, the llth of May they appeared before Charlestown. The garrison of this city was small, although it had been the day before reinforced by 500 militia under Governor Rutledge, and by the " American Legion" under the Count Pulaski. Their only hope of relief was from the hourly expected presence of Lincoln. When, there- fore, they were, on the morning of the 12th, sum- moned to surrender, they sent out commissioners to negotiate, who contrived, by requiring certain con- ditions, to bring on a long dispute. In the mean- time they were making vigorous preparations for real defence, and a great show as if well prepared for resistance. The fears of Prevost began to ope- rate, and he drew off" his troops some miks from the town. While he hesitated, and delayed to attack the city, the army of Lincoln appeared. Prevost now retired to the island of St. James and St. John's southward of Charlestown. His de- sign was to pass along the fertile islands which line the coast. Lincoln followed him upon (he main land, and an indecisive engagement of some regi- ments occurred at Stono Ferry. General Prevost left a garrison in Beaufort on Port Royal, under command of Colonel Maitlaud, and then retired with the British main army to Savannah ; while General Lincoln with the American forces took post at Sheldon. In May, General Clinton, wishing to further the designs of the British ministry in the conquest of the southern states, sent out from New York a fleet under the command of Commodore Collier, with a corps of 2000 men under General Matthews, to make a descent upon Virginia, and by devastating the country, to keep the inhabitants in a continual state of alarm. He had hopes that by the aid of the loyalists, this force would be able to overawe and effect a revolt of the state. This fleet proceeded to the Chesapeake, and blocked up the entrances of James river and Hampton roads. A part of the troops landed on the banks of 'Elizabeth river : then proceeded to Portsmouth, Norfolk, Suffolk, and UNITED STATES. 1061 Gosport, burned those places, and spread devasta- tion through the country. They demolished maga- zines, and tooK great quantities of provisions, which had been prepared for the American army, and burned or removed all the stores and shipping. Failing, however, in the grand object of producing a revolt, Clinton recalled them to New York. He next resolved to attack the American works at Stony Point, and Verplank's Neck ; two oppo- site projections of land on the Hudson river. The Americans had constructed these works at great labour and expense. They were important to them, as they commanded the pass called King's Ferry, and because if they fell into the hands of the Bri- tish, the Americans would be obliged to take a cir- cuit of 90 miles up the river to communicate be- tween the northern and southern provinces. General Clinton, commanding this expedition in person, left New York on the 31st of May. He first proceeded against Stony Point. The Americans being unprepared for defence, evacuated the place. At Verplank's Point, the fort named La Fayette had just been completed. Unfortunately, however, this fort was commanded by the heights of Stony Point, upon which the British had, during the night, planted a battery of heavy cannon, and another of mortars. Early in the morning this artillery was turned against Fort La Fayette ; and the enemy having invested it, all probability of relief was cut off, and the garrison surrendered. General Clinton gave orders for completing the works of Stony Point. On the 2nd of June he encamped his army at Phi- lipsburg, half way between Verplank's Point and New York. At this period the commerce of the British in the sound was nearly destroyed by the Connecticut pri- vateers. They intercepted whatever made its ap- pearance on their waters; and by this means dis- tressed the British army in New York, which had been accustomed to receive its supplies from this quarter. To remedy this inconvenience, Governor Tryon, by the orders of Clinton, embarked with a strong detachment for Connecticut He proceeded to New Haven, and destroyed all the shipping which he found in that port. He then advanced to Fair- field, Norwalk, and Greenwich, all of which places he barbarously consigned to the flames. Besides the loss of a great quantity of shipping and whale- boats, the destruction of other property was immense. While the British were thus desolating the coasts of Connecticut, the Americans undertook the reco- very of Verplank's and Stony Points. The stores at Stony Point, in particular, were abundant, and it was supplied with a numerous and select corps of troops. Washington charged General Wayne with the attack of Stony Point, and General Howe with that of Verplank's. The troops commanded by Ge- neral Wayne arrived under the walls of the fort about midnight. The Americans were divided into two columns, and attacked the fort from opposite points. The English opened a tremendous fire upon them, but they rushed impetuously onward, opening their way with the bayonet. They scaled the fort, and the two victorious columns met in the centre of the works. The loss of the British in killed, wounded, and prisoners, amounted to 600, the Americans lost but JOO. The attack upon Ver- plank's proved unsuccessful. When Clinton received intelligence of the cap- ture of Stony Point, he determined not to suffer the Americans to remain in possession, and dispatched a corps of troops to dislodge them. Washington, not wishing to hazard a battle, ordered General Wayne to retire, having accomplished his object in dismantling the fort, and removing all the artillery and stores. At the east, the British obtained some advantages over the Americans. Colonel McLean had em- barked from Halifax with a strong detachment of troops, and landed at the mouth of the Penobscot river. In this place he chose an advantageous situa- tion and proceeded to fortify himself. His object was to annoy the eastern frontier, and to prevent the inhabitants of Massachusetts from sending rein- forcements to the army of Washington. The Bos- tonians in great alarm fitted out an armament, and gave the command to Commodore Saltoustall. With it they dispatched a portion of land troops, under the command of Lovell. On their arrival at the Penobscot, instead of attacking the enemy immedi- ately, which would have insured them success, they delayed fifteen days in order to intrench themselves. On the day of the intended attack, Commodore Col- lier, whom Clinton, on bearing of the situation of McLean, had sent from Sandy Hook to his relief, appeared with his fleet at the mouth of the Penob- scot. The Americans re-embarked, but Collier at- tacked the flotilla, and entirely destroyed it. The soldiers and sailors, in order to effect their escape, were obliged to land and hide themselves in the fo- rests. The failure of this enterprise was a severe mortification, as well as a serious loss to the Boi- tonians. In July, congress sent General Sullivan with 2000 troops, to repress the incursions of the savages at the west. He proceeded up the Susquehannah, and at Wyoming was joined by a reinforcement of 1600 men, under the command of James Clinton. The Indians had assembled in great number*, under the command of their ferocious leaders, John- son, Butler, and Brandt, and were now joined by 250 royalists. Confident in their strength, they had advanced to Newtown ; and, while awaiting Sulli- van's approach, bad thrown up an extensive intrench- ment, strengthened by a palisade and redoubts, after the European manner. General Sullivan, on his arrival, immediately attacked the place. The Indi- ans, after defending it two hours, fled in disorder. Few were killed, and none taken prisoners. Ge- neral Sullivan took possession of Newtown, from whence he made incursions into the other parts of their country. The savages, filled with terror, made no further resistance, but escaped to the forests. An immense quantity of grain was burned, 40 villages were utterly destroyed, and no trace of ve- getation left upon the surface of the ground. General Sullivan, after having accomplished this enterprise, went with his army to Easton, in Pennsylvania. Naval affairs D'Estaigne arrives off the coast of Georgia Savannah invested by the French The siege raised Paul Jones's naval engagement In trigues of France and Spain. To understand the history of the war, it is nece* sary to keep in view, not only the movements of the forces of America, but also those of her ally and her enemy, the commencement of the present year finds the Count D'Estaigne and Lord Byron, with their respective fleets, in the West Indies. The former is reinforced by a squadron under the Count De Grasse, and the latter by an armament under Commodore Rowley. Their fleets were now nearly equal, and the Enfc lish were desirous of a naval battle j but the French 1062 THE HISTORY OF AMERICA. had in view the conquest of the neighbouring Eng- lish islands, and for that purpose had on board a considerable land force, which must in the event of a battle be exposed, and could afford no assistance. D'Estaigne was therefore averse to an engagement, and lay quietly at anchor in Port Royal, Martinico. Meantime, Lord Byron sailed towards England to convoy a fleet of merchantmen, well aware that a guard of no ordinary strength could, under pre- sent circumstances, protect them. No sooner had he left the West Indies, than the French admiral sent a detached squadron to St. Vincent, which succeeded in capturing that valuable island. On the 30th of June, D'Estaigne, who had re- ceived a reinforcement from France, left Martinico, his fleet consisting of 25 sail of the line, and on the 2nd of July came to anchor in a harbour of Grenada. On this island he landed 2500 men, and attacked and carried, by a bloody and destructive assault, St. George, its principal fortress. The island, of necessity, submitted to France. Shortly after these events, D'Estaigne received from General Lincoln, President Lowndes and Mr. Plombard, letters, from which he learned of the dis- satisfaction which existed in America. The repub- licans complained, that the alliance with France had produced nothing upon the American continent, which corresponded either to the greatness cf their ally, or the general expectations of the Americans. It was said that the sums expended upon Rhode Island were worse than fruitless, and that the zeal with which the Bostonians had victualled and equipped the French fleet, produced no better effect than its immediate desertion of their coasts, on distant ex- peditions. The loss of Savannah and Georgia, which opened to the British an easy entrance to the Caro- linas, was attributed to the desertion of the French; and finally, it was said, that while the French were enriching themselves in distant seas, with the con- quests of the British possessions, they left the Ame- ricans, contrary to the stipulations of the treaty, to sustain the burden of the war. These complaints were followed by earnest entreaties, that D'Estaigne would immediately restore the confidence of the Americans, by hastening to their succour. Count D'Estaigne had received instructions to return immediately to Europe, but moved by the representations of the Americans, he ventured to disobey the summons of his court. Directing his course for Georgia, he appeared off the coast on the 1st of September. He saw that there were two plans which, if Ame- rica could successfully execute, the war must of ne- cessity come to a conclusion. One of these was the destruction of the forces under General Prevost, at Savannah; and the other and more difficult was, to attack by sea and land conjointly with Washington, the British forces in the city of New York. It was determined to attempt the former; and the Count D'Estaigne and General Lincoln lost no time in commencing their joint operations. The French admiral had sent some vessels to Charlestown with the joyful news of his arrival in those waters. They surprised and captured some British vessels loaded with provisions. General Prevost, alarmed at his danger, sent expresses direct- ing the forces under Maitland, and those at Sun- bury, to repair with speed to Savannah. He re- moved the shipping further up the river, destroyed tbe batteries at the island of Tybee, and pressed the completion of the fortifications at Savannah. Meantime, General Lincoln marched towards Sa- vannah, leaving orders for the militia to collect from all quarters, and join his army. Before he had arrived, D'Estaigne had invested the place, and demanded of Prevost to surrender to the arms of France; a measure which was dis- pleasing to the republicans. The expected rein forcements of Prevost had not yet arrived ; and he amused the French admiral by a protracted negoti- ation. D'Estaigne even went so far as to give him a truce of 24 hours. In the meantime, Maitland arrived , and there was then no further talk of sur- rendering. Pulaski with his legion, and Lincoln with 3000 troops, had arrived before Savannah. Works were erected, and a regular siege was com- menced on the 24th of September. On the 3d of October the trenches were completed, the batteries armed, and a bombardment com- menced. Forty-three pieces of cannon and nine mortars sent an incessant shower of balls and shells. The city was on fire in many places. The burning roofs fell upon the women and children, and the unarmed multitude ; and every where were seen the crippled, the dying and the dead. Five days had this firing continued ; which although so dreadful to the town, was nearly harmless to the fort. Touched with the sufferings which he witnessed. Prevost requested permission that the women and children should be sent down the river, on board of vessels intrusted to the care of the French, to await there the issue of the siege. D'Estaigne, fearing to be again entrapped, refused this humane request. In the meantime, the French fleet would be exposed to dangers, and himself to disgrace, should the ad- miral longer detain it. And although the allies knew that they were putting to great hazard that which delay would make certain, yet the exigency of the case seemed to demand it ; and it was resolved to assault the town. The flower of the combined armies were led to the attack by the two command- ers, D'Estaigne and Lincoln. They met with many disasters and a final repulse. The number of the slain and the wounded shows that the battle must have been bloody. The French loss was 700 ; the American 400. The Count D'Estaigne was wounded, but recovered; the Count Pulaski, while bravely charging at the head of 200 horse, received a wound which caused his death, and deprived America of one of her most valiant and disinterested defenders. On the 18th, the allies raised the siege of Savan- nah. Lincoln crossed the river with his regular troops ; the militia disbanded and returned to their homes; and D'Estaigne set sail for Europe. Sir Henry Clinton, fearing an attack from the French, withdrew his troops from Rhode Island precipitately, with the loss of his munitions ; leaving that state to revert peaceably to the union. Near the close of this year occurred on the coast of Scotland, that unexampled sea-fight, which gave to the name of Paul Jones such terrific eclat. This man was a native of Scotland, but engaged in the service of the United States. His flotilla was composed of the Bonhomme Richard, of 40 guns, the Alliance, of 36, (both American ships,) the Pallas, a French frigate of 32, in the pay of congress, and two other smaller vessels. He fell in with a British merchant fleet, on its return from the Baltic, convoyed by Captain Pearson, with tbe frigate Serapis, of 44 guns, and the countess of Scarborough, of twenty. Pearson had no sooner perceived Jones, than he bore down to engage him, while the merchantmen endeavoured to gain the coast. The American flotilla formed to receive him. The \. - enemies UNITED STATES. 1063 joined battle about seven in the evening. The Bri- tish having the advantage of cannon of a longer reach, Paul Jones resolved to fight them closer. He brought up his ships, until the muzzles of his guns came in contact with those of his enemy. Here the phrensied combatants fought from seven till ten. Paul Jones now found that his vessel was so shat- tered, that only three effective guns remained. Trusting no longer to these, he assailed his enemy with grenades ; which falling into the Serapis, set her on fire in several places. At length her maga- zine blew up and killed all near it. Pearson en- raged at his officers, who wished him to surrender, commanded them to board. Paul Jones at the head of his crew, received them at the point of the pike ; and they retreated. But the flames of the Serapis had communicated to her enemy, and the vessel of Jones was on fire. Amidst this tremendous night- scene, the American frigate Alliance came up, and mistaking her partner for her enemy, fired a broad- side into the vessel of Jones. By the broad glare of the burning ships she discovered her mistake, and turned her guns against her exhausted foe. Pear- son's crew were killed or wounded, his artillery dis- mounted, and his vessel on fire ; and he could no longer resist. The flames of the Serapis were, how- ever arrested ; but the leaks of the Goodman Richard could not be stopped, and the hulk went down soon after the mangled remains of the crew had been re- moved. Of the 375 who were on board that re- nowned vessel, only 68 left it alive. The Pallas had captured the Countess of Scarborough ; and Jones, after this horrible victory, wandered with his shattered, unmanageable vessels for some time ; and at length, on the 6th of October, had the good for- tune to find his way to the waters of the Texel. Having now brought to a close the military af- fairs of the campaign, we pause to take some note of the political transactions. Notwithstanding the apparent inutility to the re- publicans of the French fleet, it was in reality of great importance to their cause, as it kept the Bri- tish constantly in check. But the alliance with France had also its disadvantages. The public feeling, so long strained to an unnatural elevation, was now predisposed to sink to apathy ; and the Americans were led to believe that England must, from the power of France, soon be compelled to yield, although they should remit their efforts. The leading republicans saw the evil with alarm. Endeavouring to counteract it, they called on the people by the memory of their past exploits, by the necessity of preserving the respect of their allies, by the-peril's which still impended, and by the power and treacherous policy of their yet unconquered ad- versary, to arouse from their lethargy, and trust not in chance or in strangers, but in their own exertions, for the establishment of their rights. But vain was the appeal ; and even the army was affected by the lethargic torpor of the public mind. Another evil had arisen. There had been pro- duced by the disorders of the times, a race of men, who seeking solely to enrich themselves, made a trade of the public distress. What did they care if their country should fall, if they could share her spoils ? Freedom for them might perish, so they could but batten on her corse. Army supplies en- riched them, as they afforded them pretences for peculations; and the state often paid dearly for what it never received. Such wretches are ever the loudest to chime in with the tune of the times. Hy- pocrites in patriotism; vociferous in talking of their country's rights, they deceived the undiscerning, and acquired an influence, by which they sought to remove from office all who obstructed their designs. By their intrigues, the appalling cry of tory was raised, and sometimes not in vain, against the up- right officer, who refused to connive at their selfish rapacity. One cause of this alarming degeneracy in morals, lay in the depreciation of paper currency. At the close of this year, a dollar in specie could scarcely be obtained for 40 in bills. But, the paper was fluctuating in its value. Hence a set of men arose, who preferred speculating on this currency, to honest industry ; and often in the changes which occurred, the worthless amassed sudden wealth, while many deserving persons of moderate fortunes, sunk at once to poverty. That the bills should have depre- ciated, will not be mysterious, when we consider that the immense sum of 160,000,000 had now been issued by congress. The honest individual of private life will be sur- prised to learn another reason of the depreciation of American paper, although the wily politician knows that it is no new " trick of state." England on this occasion turned counterfeiter. Her ministers sent over, and her generals distributed whole chests of spurious bills so perfectly imitated as scarcely to be distinguished from the true. In the meantime America was. scarcely less in danger from her friends than her enemies. Her congress was beset by the intrigues of France and Spain. The former had not intended to declare in her favour, until far greater concessions had been obtained. She had been surprised into the step she had taken, by the unexpected fortune whieh in the case of Burgoyne, the Americans had single-handed won for thems'elves, and which made her fear that unless she then declared herself, the contest would be decided, and America independent without being in any degree indebted to her or inclined to favour her. She also feared that she should lose the opportunity of obtaining a powerful and efficient ally in a war which she wished, on her own account, to wage against her too powerful neighbour, and hereditary enemy. Now that by the alliance, these objects were secured, she wished in the particulars which yet remained to be settled, to drive a hard bargain for her services ; and to make the Ameri- cans think meanly of themselves, would be to en- hance the value of those services. M. Gerard in his communications to congress, endeavoured, by such means, to make them consent to abandon to France the extensive fisheries of Newfoundland, and to Spain the exclusive navigation of the Mississippi. The alliance of Spain was also to be thrown into the scale, and the advantages of this were magni- fied. But congress were not deceived, they refused the specious bait; and Spain having precisely the same policy as France, and the same desire to hum- ble England, declared war against that power, to suit her own purposes ; without succeeding in making America believe, that she did it for her sake. The British ministry had in the spring sent out Admiral Arbuthnot with a reinforcement for the American service. He was however delayed by the way, and did not arrive until August. Undei con- voy of his fleet, Sir Henry Clinton with 7,000 men sailed in October from New York for the south, and after a tempestuous and protracted voyage, landed atTyber Island in the neighbourhood of Charlestown. General Lincoln, with his army, was, at the close of this year, in winter- quarters at Sheldon, and 1064 THE HISTORY OF AMERICA. Washington had again chosen his at the heights of Movrissauia (Jam-paiyn cf 1779 Armed neutrality Clinton be- iittges Charlestown That city capitulates Tarleton surprises BurJ'ord Clinton in South Carolina He returns to New York Skirmish at Sprinyjield. Fresh indications of hostility towards England were manifested by the European powers. She had for a considerable period been mistress of the sea, and she had borne her honours haughtily. She claimed the right of searching the vessels of neutral nations, for articles contraband of war; nor would she allow their national flag to protect them from her troublesome and insulting scrutiny. A com- mon feeling of indignation at this conduct pervaded the nations, which, by the policy of Catharine II. of Russia, England was made to feel, without the power of resenting. On the occasion of the irrita- tion produced by the search and seizure of a number of Dutch vessels sailing under the convoy of the Count de Byland, that princess proposed to the na- tions to unite in an " armed neutrality," and imme- diately the kings of Denmark and Sweden acceded to the proposal. The treaty to which they were mutually bound, and which constituted the basis of this confederacy, stipulated that neutral vessels might freely navigate from one port to another, even upcn the coast of belligerent powers ; that all effects become free so soon as they are on board a neutral vessel, except such articles as by a former specified treaty, had been declared contraband; that no port should be deemed blockaded, until such an actual naval force had invested it, as to make its entrance dangerous ; that when any vessel had shown by its papers, that it was not the carrier of contraband goods, it might place itself under the es- cort of ships of war, which should prevent its being stopped ; and finally, that the legality of prizes should be determined by these rules. In order to command respect for this confederation, the three allied powers agreed that each should keep a part of its navy equipped, and make common cause in protecting their common trade. These articles were communicated to the courts of France, Spain, Hoi- laud, England, and Portugal, with an invitation to join the confederacy. The two former expressed great admiration of their wisdom, and joy in their adoption ; and not only acceded to them, but wished the northern powers to understand, that by their directions to their admirals, they had already antici- pated them. Portugal, fearful of offending England, declined the alliance. England threatened with vengeance the states of Holland, if they departed from the old system of neutrality ; but Holland, irritated at the seizure of her vessels, and partaking in the common feeling of resentment towards Eng- land, disregarded these threats, and joined the armed neutrality. The British ministry, unwilling to come to an open rupture with Russia, but determined not to admit the principles of the confederacy, dissem- bled for the present their displeasure, and replied to the invitation in a vague and indecisive manner. Surrounded by so many perils, it is not strange that England prosecuted the American war with less energy than she had done in preceding years. Yet she manifested no signs of fear or discourage- ment. The only change which took place in her policy respecting the American contest, was that before stated ; to draw all her troops to the south, except so many as should enable her to keep pos essiou of tbe pobtn already acquired at the north. Sir Henry Clinton, as we have before noticed, was lying in the vicinity of Charlestown, with an army of 7000 men. This was increased by the troops from Savannah, under General Patterson. Not doubting but that Charlestown would be at- tacked, General Lincoln removed thither with his army ; and in conjunction with Governor Rutledge, to whom the state had confided dictatorial powers, tried every measure to put the city in a posture of defence. But they had great difficulties to encounter. The militia had been disbanded ; they weie dis- pirited, and afraid to enter Charlestown on account of the small-pox, which was there prevailing. Paper currency was out of credit, and many be- coming discouraged as to the final success of the republican cause, took advantage of the amnesty which had been offered by Prevost. A considerable force was however collected, and great diligence was displayed in constructing fortifications. The siege commenced on the 1st of April, Gene- ral Lincoln had posted General Huger, with a de- tachment, at Monk's Corner. They were driven from their position by the British troops under Colo- nels Webster, Tarleton, and Ferguson. The British had, on the llth of April, passed Fort Moultrie without stopping to engage it, losing by its guns only 27 men. Colonel Piuckney, who commanded this fort, surrendered it on the 7th of May. Charles- town, thus surrounded, capitulated on the 12th, and General Lincoln, with his army, fell into the hands of the British. Seven general officers, ten conti- nental regiments, three battalions, 400 pieces of artillery, and four frigates, were surrendered. The "successful operations of the British in the siege of Charlestown, and in the defence made at tbe close of the last year at Savannah, are by his- torians attributed, in a great degree, to the superior skill of their chief engineer, Moncrieff. After taking possession of the capital, Clinton planned three expeditions, all of which proved suc- cessful; one against Ninety-six, one towards Sa- vannah, and the third to scour the country between the Cooper and Santee rivers. The object of the last was to disperse a body of republicans, under Colo- nel Burford, who were retiring by forced marches, in hopes to meet another body of Americans who were on the march from Salisbury to Charlotte. Burford continued his retreat with such celerity, that it appeared next to impossible to overtake him. But Colonel Tarleton, the most active of Clinton's officers, commanded the pursuit, and after marching 105 miles in 54 hours, on the 28th of May. he came up with Burford at Wacsaw. The English victory was complete, but it was stained with cruelty. They massacred many of those who offered to surrender, and from this time the proverbial mode of express- ing the barbarous act of killing those who surrender, was to call it " Tarleton's quarter." Thus the cavalry which Clinton had brought with him had proved of essential service to his arms ; and the alert, yet sanguinary Tarleton, at that period seemed to the terrified inhabitants to be every where present. There no longer remained in South Carolina a force capable of withstanding the British. The in- habitants flocked from all parts to meet the royal troops, and declare their desire of resuming their ancient allegiance. Clinton wrote to England, that " South Carolina was English again." But be was aware that his conquests could not be preserved, but by re-establishing the civil administration, lie pub- lished a full pardon to all who should immediately return to their duty. But they must consider them UNITED STATES. 1065 elves established in the duties as well as the rights of British subjects; that is, they were required to take up arms in support of the royal government; those who had families, to form a militia for home defence; but those who had not, to serve with the royal forces, for any six months of the ensuing twelve. Thus citizens became armed against citi- zens, brothers against brothers ; and the same indi- viduals who had been soldiers of congress, since they had been comprehended in the capitulation as prisoners of war, were compelled to take up arms for England. General Clinton, seeing the affairs of the south in apparent tranquillity, distributed his army into the most important garrisons; and, leaving Lord Cornwallis in the command of the southern forces, returned to New York. That city had been ex- posed to danger. The garrison was weak ; and such had been the unparalleled severity of the winter, that Washington might have marched his army with all his artillery and baggage, across any of its sur- rounding and now solid waters. But the miserable condition of the American army would not allow the commander to take advantage of this unexpected circumstance. Previous to the return of Clinton, General Knyp- hausen, who had been left in command, had, with 5000 men, made an excursion into New Jersey, and for a time occupied Elizabethtown. He had ma- nwuvred to draw Washington from the heights of Morristown, intending to occupy that strong post himself, and thus force the American army into the open country ; but his plan was penetrated, and his expedition proved fruitless. Before his return, an affair occurred near Springfield, in which General Greene, who was sent by Washington to watch the motions of Knyphausen, lost about 80 men. and the British, as was supposed, somewhat more. Spring- field, which consisted of 50 houses, was set on fire. At sight of the flames the inhabitants aroused. The spirit of the early days of the revolution rekindled. They collected in such numbers, and pursued the British with such violence, that their general was glad to take advantage of the night to withdraw his army from the open country of Jersey to the de- fences of New York. Congress sanction the depreciation of paper currency- British in South Carolina Heroism of the women in South Carolina Society of ladies. Up to this period, congress had maintained their bills at their nominal value, and had often declared, that a dollar in paper should always be given and received for a dollar in silver. But compelled to yield to the pressure of circumstances, they now de- cided that in future the bills should pass, not at their nominal, but at their conventional value. The government which Sir Henry Clinton esta- blished in South Carolina had first made such a de- cree ; and had caused a table to be constructed, showing what had been the rate of depreciation, and the actual value of the bills, in years, and even in months past. The object of this calculation was to obtain a rule, by which the payment of debts might be regulated. This example congress found it expedient to follow. In Carolina and Georgia the British saw, with chagrin, that there were still those who were devoted to the cause of independence ; and their resentment dictated measures of extraordinary rigour. Their possessions were sequestrated, their families jealously watched, and subjected as rebels to continual vexa- tions. Within the city, they were refused access to the tribunals if they had suits to bring against a debtor, while, on the other hand, they were aban- doned to all the prosecutions which those who had or pretended to have claims against them, chose to institute. But there was still another more grievous injury, and one which stung the Carolineans to madness. This was the proclamation by which the British commanders had absolved the prisoners of war from their parole, and restored them to the condition of British subjects, in order to compel them to fight under the royal banner. Had they been suffered to remain at home, they would by degrees have become reconciled to what they could not but feel to be the degradation of their country. But with the requirement to take up arms, their wrath re- kindled'. " If we must fight," said they, " it shall be for America and our friends, not for England and strangers." The heroism of the women of Carolina gives them a rank with the noblest patriots of the revolution. They gloried in being called " rebel ladies." They refused their presence at every scene of gaiety. Like the daughters of captive Zion, they would not, ia their captivity, amuse their conquerors. But at every hazard they honoured with their attention the brave defenders of their country. They sought out and relieved the suffering soldiers, visited prison- ships, and descended into loathsome dungeons. Sisters encouraged their brothers to fight the op- pressor : the mother gave military weapons to her son, and the wife to her husband ; and their parting advice was, " prefer prisons to infamy, and death to servitude." Where important national affairs are concerned, there is a certain degree of warmth and animation, which, pervading the public mind, marks the healthy state of a nation. When this has risen to an unna- tural heat, a period of lassitude and inertness suc- ceeds, before the national pulse again recovers its healthful beat. Such a preternatural state of public feeling was excited in America by the apprehended wrongs of Britain, and produced the noble efforts of the days of 1776. But it was not in human nature to keep long strained to such a high pitch of eleva- tion. The period of lassitude succeeded, and ia 1779 the nation seemed asleep. But her sleep recruited her vital energies. Her enemies con- temning her apparent weakness, had applied the scourge of a barbarian warfare. Its effects, though cruel to individuals, were wholesome to the body politic. America aroused from her slumbers, and awoke to better deeds. The leading patriots saw with delight the rising enthusiasm of the people, and neglected no means which could cherish and propagate it. Congress sent circular letters to all the states, earnestly ex- horting them to complete their regiments, and raise and send recruits to the army. The militia obeyed the call with alacrity. The capitalists subscribed large sums, to replenish the exhausted treasury. A bank was instituted at Philadelphia, on which con- gress could draw for the necessities of the army With generous patriotism, commercial houses, and wealthy individuals stepped forward to support the public credit, by their personal responsibility, al- though the situation of affairs still offered too many motives of doubt and distrust. Nor was this patriotic zeal to strengthen the sinews of war by filling the public chest, and pro- viding for the wants of the soldiers confined to the J066 THE HISTORY OF AMERICA. men. The women in all parts of the country dis- played great zeal and activity, particularly in pro- viding clothing for the soldiers. In Philadelphia they formed a society, at the head of which was Martha Washington, wife of the commander-in- chief. This lady was as prudent in private affairs, as her husband was in public. She alone presided over their domestic finances, and provided for their common household. Partaking of the complacent dignity and calm temperament of her husband, she had no caprices to disturb his affections, in that citadel of man's happiness, the conjugal relation. Thus it was owing to the talents and virtues of his wife, that Washington could give himself wholly to the dictates of that patriotism, which this virtuous pair mutually shared, and reciprocally invigorated. Mrs. Washington, with the ladies who had formed the society, themselves subscribed considerable sums for the public; and having exhausted their own means, they exerted their influence, and went from house to house, to stimulate the liberality of others. Campaign of 1780 British defeated at Hanging Rock Baron De Kalb enters Norlk Carolina Battle near Camden Death of De Kalb Tarleton turprises Sumpter. At this period La Fayette returned with the cheering intelligence, that a body of French troops had, at the time of his departure, embarked for America, and that the ships in which they had taken passage were on the point of setting sail from France. His exertions in that country had accelerated their departure, and he had again come, self-devoted to the generous cause of freedom. He was received by all classes with the ardent affection which his bland manners and interesting person excited, and which his services and talents commanded. The expected succours soon arrived at Rhode Island. They consisted of a squadron of seven sail of the line, five frigates, and two corvettes, com- manded by M. De Fernay. This fleet convoyed a number of transports, bearing 6000 soldiers under the command of the Count De Rochambeau. An agreement had been made between congress and the court of Versailles, that General Washington should be the commander-in-chief of all the forces both French and American. The French were welcomed with every demonstration of gratitude, and put in immediate possession of the forts on Rhode Island. Washington, in order to cement more firmly the union between the two nations, ordered the distinctive colours of the national flags to be blended in the banners of his army. At New York, Admiral Arbuthnot, whose force had consisted of four ships of the line, was now re- inforced by the arrival of six ships under Admiral Greaves. General Clinton determined on attacking the French at Rhode Island. He accordingly em- barked on board the squadron of Admiral Greaves, with 6000 choice troops, and sailed for Rhode Island. Washington, in the meanwhile, having watched the movements of Clinton, immediately marched his army to Kingsbridge, with the inten- tion of attacking New York, which was now left almost defenceless. But Clinton learning this movement, and finding also that the French were reinforced at Rhode Island by the New England militia, relinquished the expedition, and returned to the defence of New York. The indecision and timidity manifested by the British on this occasion, infused new courage into the Americans. While these events were transpiring in the north, the inhabitants of the south were not inactive. The insolence of the British troops had become insup- portable; and the inhabitants of North and South Carolina had assembled in numbers, and seized every opportunity of harassing them. Among the officers who headed these desultory parties, none rendered such distinguished service to their country, as Colonels Sumpter and Marion. Sumpter was a native of South Carolina, and possessed an extensive influence with his fellow-citizens. He collected great numbers of the inhabitants ; and although they were compelled to trust to chance for their means of subsistence, and to use their implements of hus- bandry for weapons of war, yet they menaced the enemy in all directions. The resources of these patriots were few. In some instances they were known to encounter the enemy with but three charges of ammunition to a man. Their frequent skirmishes with the British, however, soon furnished them with muskets and cartridges; and when thus equipped, Colonel Sumpter, whose numbers now amounted to 600 men, determined upon attacking some of the strong posts of the enemy. His first attempt was upon Rocky Mount, where he was re- pulsed ; he then attacked the post at Hanging Rock, and destroyed a British regiment stationed at that place. Perfectly acquainted with every part of the country, he was enabled to elude all pursuit. This partisan warfare, while it weakened the number of the English, emboldened the Americans,and strength- ened their confidence in themselves. In the meantime a few regular troops under the command of the Baron De Kalb, had been sent from Maryland to the defence of Carolina. Owing to the excessive heat of the season, and the difficulty of procuring provisions, they necessarily proceeded by slow marches. On their way however they were re- inforced by the Virginia militia, and the troops of North Carolina, commanded by General Caswell. At Deep river they were joined by General Gates, who had been appointed to the command of the southern army. He immediately advanced towards South Carolina with a force amounting to about 4000 men. When he arrived on the frontiers of the state, he issued a proclamation inviting the inhabitants to join him, and promised pardon to all, from whom oaths had been extorted by the English, excepting those who had committed depredations against the persons and property of their fellow citizens. His proclamation had the desired effect. Multitudes flocked to him, and even whole companies, which had been levied in the provinces for the service of the king, deserted. Lord Rawdon, who had the command of the Bri- tish forces on the frontiers of Carolina, had concen- trated them at Camden. On learning the approach of Gates, he gave immediate notice to Cornwallis, who soon after joined him. At ten on the night of the 15th of August, his lordship marched from Cam- den with his whole force, amounting to 2000 men, with the intention of attacking the Americans in their camp at Clermont. Gates had also commenced his march from Clermont with the view of surprising the British camp. About two in the morning, the advanced guards of the two armies met and fired upon each other. From prisoners made on both sides, the commanders learned each other's move- ments. The two generals suspended their fire, wait- ing for the light of day, and the armies having halted were formed in the order of battle. The ground on which they had met was exceed- ingly unfavourable to Gates ; he could not advance UNITED STATES. 1067 to the attack but through a narrow way bordered by a deep swamp, and the situation rendered the superiority of the American numbers of no effect. In the morning a severe and general action was fought. The Virginia and North Carolina militia fled in the commencement of the battle, and General Gates in vain attempted to rally them. The con- tinentals were thus left to maintain the contest, and though they defended themselves with great bravery, and several times gained ground, yet they were unable to restore the fortune of the day. The rout became general, the Americans fled in the greatest disorder. They were pursued by the British 23 miles. The whole loss of the Americans in killed, wounded and prisoners, was about 2000. General Gregory was killed ; the Baron De Kalb, who was wounded, and General Rutherford, were taken pri- soners. All the artillery, baggage aud stores, fell into the hands of the enemy. The loss of the British amounted to only 324. Baron De Kalb, who had been wounded, died three days after the battle. General Gates retreated to North Carolina, leaving the British triumphant in the south. Colonel Sumpter continued to show himself on the banks of the Wateree ; but on learning the de- feat of Gates, he retired with 1000 men and two field-pieces to North Carolina. Tarleton with his legion was sent in pursuit of him, and surprised him on the banks of Fishing creek. Sumpter with a few of his men escaped ; the most of them, however, were taken by Tarleton and put to the sword. Colonel Marion, who about this time was pro- moted to the rank of brigadier-general, still kept the field. Sheltering himself in the fastnesses of the mountain*, he occasionally sallied out upon the Bri- tish and tories, and seldom failed of surprising and capturing such small parties, as with his small force it. was prudent for him to attack. Arnold's treasonExecution of Andre Cornwallis arrives at Charlotletown Defeat at Ferguson- Descent upon Portsmouth, VirginiaGates surprised by Greene Arnold makes a descent upon Virginia. While these affairs were transacting at the south, an unexpected event occurred at the north, which arrested the general attention. A design which had for some time been maturing in darkness, was now brought to light. Arnold, the loudest to proclaim his patriotism, the fiercest to fight for his country, had bargained to sell that country for gold ! and he had nearly accomplished his wicked purpose. Arnold was dear to the American people ; he had been valiant in their service, and his maimed person bore the marks of the field of Saratoga. On account of his wounds he was obliged to retire from active service. He solicited and obtained from congress, the post of commandant of Philadelphia. Here Arnold lived in princely magnificence. He inhabited, it is said, the house of Penn. If so, this mansion of simplicity received a splendid furnishing, and became a scene of high play, sumptuous ban- quets and expensive balls. To" support this pa- geantry, Arnold resorted to commerce and privateer ing. In these he was unfortunate, and his next re- source was the public treasure, to which as an officer of the government, he had means of access. He presented accounts unworthy of a general. C gress were indignant, and caused them to be inves- tigated. The commissioners which they appointed reduced them to one-half. Arnold stormed, and ap- pealed to congress, A committee of its members re-investigated, and found his accounts worse than even the report of the commissioners had stated them. Arnold now wreaked his vengeance, by the most shameless invectives against congress. The state of Pennsylvania took up the quarrel, accused him of peculation, and brought him before a court- martial. By this court he was sentenced to be re- primanded by Washington. From what other quarter could he obtain the money to support his extravagance, since the last resource had failed? The coffers of England, he knew might be opened to supply him. Treason bore with her a high price. He should also obtain re- venge on the objects of his wrath : and for these motives he resolved to sell himself and his country. He developed his intention in a letter which he ad- dressed to Colonel Robinson, by whom it was com- municated to Sir Henry Clinton. Determined to make the most of his new ally, Clinton revolved in his mind what was the most important service which could be rendered him, while Arnold's treachery re- mained concealed. The foe within the fortress, is employed by its enemy to open the gate. This was the nature of the service, which Arnold was to per- form for the enemies of his country. As Arnold passed up the river to assume his com- mand, those guardian mountains, whose rugged passes had so often sheltered the little army of his country, must have seemed to frown upon the traitor who was about to deliver it up to the enemy. His first measure was to scatter his forces at dif- ferent points, so that they might be easily cut off by the British ; all was ready, and a few days would have consummated his treason ; but a providential disclosure saved America. Major Andre, the aid-de-camp of General Clinton, had been by him intrusted with the negotiation. This young officer is represented by those who knew him as being both in person and mind one of the most perfect specimens of human nature, and as concentrating all the qualities which the novel writer is fond of attributing to the hero of the tale. He was manly, yet graceful and elegant, bold, yet tender, and firm, yet ingenuous. Sir Henry Clinton loved him as a son; and such was his confidence in his talents, that he intrusted to him this most impor- tant, difficult and hazardous service. Probably, however, the partiality of Clinton threw a false light around its object ; for Andre was not the pro- per man for such an enterprise. Had he been more crafty and subtle, he might have conducted the plot to its consummation. Arnold and And.e had corresponded, under the feigned names of Gustavus and Anderson. As the crisis approached, they conceived that a personal interview was necessary, in order to concert the last measures. On the night of the 21st of September, Andre lauded from the British sloop of war Vulture, which Clinton had stationed near West Point to facilitate the negotiation. Arnold and Andre spent the whole night in conference ; and when the day dawned, their dispositions were not all concluded. Andre was concealed through the day, and at night he prepared to return. By the entreaties of Arnold, he was prevailed upon to change his uniform for a common dress, instead of concealing it as he had formerly done by a cloak. He took a horse from Arnold, and a passport under the name of John Anderson. He had safely passed the American guard, and had reached Tarrytown near the British posts, when three soldiers of the militia crossed his way, and he passed ou. One of them thought the IOCS THE HISTORY OF AMERICA. traveller had something peculiar in his appearance, and called him back. Andre inquired, " where are you from ?" " From below," (intending to be un- derstood from New York,) replied the soldier. " So am I," said the self-betrayed Andre. The soldiers arrested him, and he did not attempt to conceal that he was a British officer. He offered them every bribe which he thought could tempt men like them. He pleaded with all the energy inspired by the love of life, and the momentous concerns that his preser- vation then involved, to his country, and his be- loved general. But the humble patriots spurned the bribe, and were deaf to the entreaty. Their names were John Paulding, David Williams and Isaac Van Wart. They searched his person, and found pa- pers in his boots, in the hand-writing of Arnold, which disclosed the treason. They immediately con- ducted Andre to Colonel Jameson, the officer at West Point, who commanded the advanced guard. This officer hesitated. He could not be persuaded that his general would betray that country for which he had shed his blood ; and he indiscreetly per- mitted Andre to write. Arnold thus learned that Andre was arrested, and seizing a boat escaped on board the Vulture. Washington, during these transactions, had been called by some affairs to Hartford, but shocked and alarmed at the news, he hastened to his camp. His first care was to learn whether Arnold had accom- plices. Convinced by a strict scrutiny that none of his other officers were guilty, his next was the painful duty of bringing to trial and execution the inte- resting young Andre. Although from the usages of war Washington might have given his prisoner, found as he was in disguise, the same hasty execution as Howe had some years before given to the equally interesting young Hale, yet he was aware that in this transac- tion the eyes of Europe and America would be upon him, and his heart inclined him to mercy. He there- fore summoned a court-martial ; and was careful to appoint a tribunal of whom none could complain, and who would be as merciful as public safety would allow. La Fayette and Greene were among its members ; and who could doubt, if such men, with all the kindness of their nature, gave sentence of death, that such was the stern dictate of their mili- tary duty. From this fate, Sir Henry Clinton strove with all the earnestness of a tender father to shield his favou- rite. He wrote to Washington, urging that what- ever Andre had done, especially his change of dress, was by the direction of Arnold, an American general ; he urged, that his detention was a viola- tion of the sanctity of flags and the usages of nations. Arnold also wrote in his favour, endeavouring to charge himself with the blame of the transaction : and alleging, that in his character as an American general, he had a right to grant to Andre the usual privilege of a flag, for the purpose of conferring with him, and to provide for his safe return in any man- ner he should choose. Andre appeared before his judges with a noble frankness. He was calm and composed as to his own fate, but anxious to screen his friends, especially Sir Henry Clinton. He dis- guised no fact, and resorted to no subterfuge. He ingenuously disavowed what Clinton and Arnold had mainly urged in his defence, that he had come under the protection of a flag ; and the fact was un- questioned that he was in disguise. Grieving at the sentence they were compelled to pronounce, his judges condemned him to death us a spy. Clinton, smitten with anguish, again sought to negotiate his release; and Washington, at big re- quest, sent General Greene down the river to meet and confer with General Robinson. This friend of Andre exerted all the powers of reasoning to con- vince General Greene that the sentence was unjust. Failing in that, he urged his release on the score of interest; he promised that any American charged with whatever crime, should be exchanged for An- dre ; and he hinted that the sparing of his favourite would do much in the mind of the British commander in favour of the Americans. Finding all these efforts unavailing, he resorted to threats. He delivered a letter from Arnold, which contained the declaration, that if Andre was executed, the rebels of Carolina, hitherto spared by Clinton, should all be put to in- stant death. The interference of Arnold would have injured the cause it designed to serve, had it not been al- ready hopeless. Andre prepared to meet his approaching fate as became a man. Life and its fair prospects he could calmly relinquish; but there were circumstances relating to his domestic affections, and his honour, which touched his heart. His widowed mother and his sisters, on the far shore of an intervening ocean, were watching for every vessel that brought them news of him. One would reach them in a few weeks, and who would console them for its tidings ! and should they learn not only that he was dead, but that he died upon the gallows ! There was the bit- terness of death; and he besought Washington that he might be allowed to die by the musket, and not by the halter. The cruel rules of that sanguinary science, which philanthropy hopes may in some future age cease to exist, compelled Washington to deny even this poor request. Andre then asked permission to write to Sir Henry Clinton, which was granted ; and to the care of this general he commended his widowed mother, and afflicted sisters. Brought to the gallows, he said, " And must I die thus ?" The burst of grief was calmed by de- votion. After a few minutes spent in prayer, he said with composure to those around him, "bear me witness that I die as a brave man should die :" and the scene closed. Arnold received from the British 10,000/., and the rank of brigadier-general. For this he bartered his honour, his peace and his fame ; changing the high esteem of the public into general detestation The English, although they stooped to purchase the treason, could not but despise the traitor. Even his innocent children could not defend their little rights among their playmates ; but the finger of scorn was pointed at them, and they were hissed with " Traitor, traitor." The three captors of Andre were honoured as benefactors to their country. They received the thanks of congress, a silver medal, and a pension for life. Cornwallis, after the battle of Camden, directed his attention to the subjugation of North Carolina; and with that view, commenced his march from Camden towards Charlottetown. But in order to maintain the royal cause in South Carolina, he dis- tributed detachments of troops upon different parts of the frontier. He arrived at Charlottetown about the last of September. In the meantime Colonel Ferguson, who had been previously sent into the province by Lord Corn- wallis, had committed acts of so barbarous a nature, UNITED STATES. * to awaken the highest indignation. Whereve he went devastation marked his progress, and th people determined no longer to submit to his atro cities. The mountaineers collected in great num bera under several commanders, the principal o whom were Campbell, Shelby, and Cleveland ; an arming themselves with such weapons as could mos eaily be obtained, they descended to the plain ii pursuit of Ferguson. They found him posted on a woody emineuc called King's Mountain. This spot commanded th adjacent plain, and the road leading to it was de fended by an advanced guard. The guard were soon compelled to fall back, and the mountaineer advanced towards the summit. After a vigorou contest the Americans reached the brow of the hill Ferguson fell, and 300 of his party were killed an wounded. Hia successor in command surrendered Thia defeat was a severe blow to Cornwallis, an rendered his situation in North Carolina dangerous The loyalists intimidated, no longer evinced an eagerness to join his cause. The republicans as sembled under Colonels Sumpter and Marion, in whom they had equal confidence, made every effor to annoy him ; and the royal troops were in con- tinual danger of being surprised by these active leaders. Under these circumstances he found i most prudent to retire to South Carolina, and awai the reinforcements which he there expected to re- ceive. He accordingly repassed the Catawba, anc stationed his army at Winnsborough, where he could conveniently hold communication with the forces at Camden and Ninety-six. In order to co-operate with Lord Cornwallis, Sir Henry jClinton had detached General Leslie, with a corps of 3000 men, to Virginia. They landed at Portsmouth, and ravaged the adjacent country. Cornwallis now ordered General Leslie to embark for Charlestown. Colonel Sumpter continued to harass the British on all sides. He had surprised some small detach- ments, and made many prisoners. Tarleton was now sent by Cornwallis to surprise this formidable officer. He found him near Tiger river, encamped on the bank of Mud river. Tarleton commenced the attack with great impetuosity, but Sumpter soon compelled him to retreat. Sumpter was however dangerously wounded, and being unable to retain the command of his forces, they were disbanded. General Gates had, during the period of these transactions, exerted himself to collect new troops, and had greatly improved the condition of his army. He was, however, superseded in command by Ge- neral Greene. This officer found the army at Char- lottetown, and notwithstanding the exertions of Gates, it was still feeble, and unable to cope with Cornwallis. He therefore determined not to hazard a general action, but to harass, if possible, the Bri- tish army, and reduce it by degrees. A reinforcement of 1500 men now joined Corn- wallis at Winnsborough. This accession of troops renewed his hopes of reducing North Carolina and Virginia. In order to render the success of the en- terprise more certain, and to prevent the \irginians from sending succours to Greene, Arnold had been sent to the Chesapeake with 50 transports and 1500 men. He landed his troops in Virginia, and imme- diately commenced, what now seemed his favourite occupation, the devastation of his country. Ca,'pc.ijn of 1781 Robert Morris treasurer Frank- lin obtain- money from France and Holland Re- volt of the Pennsylvanian line New Jersey troopt revolt Tarleton attacks Morton at the Cowpens Cornwallis pursues More/an Colonel Lee defeatt Colonel Hill Battle of Guilford Caurt-houieThe Americans retreat Cornwallis sets out for Virginia. England, during the past year, had shown herself a brave and powerful nation. Though alone against both hemispheres in arms, she remained unshaken. The favourite objects of Spain, next to humbling the maritime power of England, were the possession of Gibraltar and Jamaica, and the recovery of the Flo- ridas. She had, at immense expense, laid and con- tinued the siege of Gibraltar, which under its com- mander, Elliot, made the most obstinate defence found in the annals of modem history. She had also sent out immense fleets, which uniting with those of France and Holland, had twice threatened England with invasion ; but untoward circumstances prevented the attempts. The naval operations of the belligerent powers were, duiing these years, of astonishing magnitude ; and neither side could at this period claim the supremacy of the ocean. Great naval battles were fought in the West Indian and European seas, in which the allies and the En- glish were each alternately the conquerors and the conquered. Each also took from .the other, on vari- ous occasions, large fleets of merchant vessels. But n these captures the English were the most success- f ul. Several of the West India islands changed masters during these contests. Pensacola was in May taken by the Spaniards, who thence extended "heir conquests over the whole province of Florida. Amidst these contests, neither England nor France forgot America. France, in addition to the ? orce under Rochambeau, determined to send out a arge fleet under the Count De Grasse, which, after )erforming certain services in the West Indies, was ;o repair to the coast of America, and co-operate vith the Count De Rochambeau and General Wash- ngton. This measure proved of the highest impor- ance to America. The English exerted an extraordinary activity n equipping a fleet which was to carry Lord Corn- wallis a reinforcement of several regiments of En- glish troops, besides 3000 Hessians. They hoped hat this addition of force would be sufficient to maintain their former conquests, and extend still urther the progress of their arms. The situation of America had in reality much at this period to give hopes to her enemies, and alarms o her friends. The efforts made during the preced- ng year, and the successes experienced in the south, ad produced the happy effect of. reviving public pirit. But although temporary relief had been fforded, no permanent system of means to supply be returning and increasing wants of the army had een established ; and from this cause the country eemed standing on the verge of ruin. It is scarcely possible to conceive a situation more rying than that of the American congress. They vere fighting, not for conquest, but existence ; their owerful foe was in full strength in the heart of aeir country ; they had great military operations o carry on, but were almost without an army, and wholly without money. Their bilis of credit had eased to be of any worth ; and they were reduced 3 the mortifying necessity of declaring by their own cts, that this was the fact; as they no longer made lem a legal tender, or received them in payment f taxes. Without money of some kind, an army ould neither be raised nor maintained. But tho 1070 THE HISTORY OF AMERICA. greater the exigency, the greater were the exertions of thii determined band of patriots. They directed their agents abroad to borrow, if possible, from France, Spain, and Holland. They resorted to tax- ation, although they knew that the measure would be unpopular, and that they had not the power to enforce their decree. The tax laid they apportioned among the several state governments, by whose authority it was to be collected. Perceiving that there was great disorder and waste, or peculation in the management of the fiscal concerns, they deter- mined on introducing a thorough reform and the strictest economy. They accordingly appointed as treasurer Robert Morris, of Philadelphia ; a man whose pure morals, ardent patriotism, and great knowledge of financial concerns, eminently fitted him for this important station. The zeal and genius of Morris soon produced the most favourable results. By a national bank, to which he obtained the ap- probation of congress, he contrived to draw out the funds of wealthy individuals. By borrowing in the name of the government from this bank, and pledg- ing for payment the taxes not yet collected, he was enabled to anticipate them, and command a ready supply. He also used his own private credit, which was good, though that of his government had failed ; and at one time, bills signed by him individually, were in circulation to the amount of 581,000 dollars. While America thus received this great service from the zeal and ability of one of her sons at home, she owed not less to the exertions of another of her pa- triots abroad. Franklin, at the court of France, obtained from Louis XVI. a gift of 6,000,000 of livres ; and as Hol- land refused to lend to the United States on their own credit, the French monarch granted to the solicitations of the minister his guarantee to the states-general; who, on this security, lent to con- gress the sum of 10,000,000 of livres. Spain refused to furnish money to the United States, unless they would renounce the navigation of the Mississippi. This they steadily refused. The funds thus raised were expended with the utmost prudence. All who furnished supplies were paid by the treasurer with the strictest punctuality; and public confidence by degrees sprang up in the place of distrust; order arid economy in the room of confusion and waste. Before these measures had imparted vigour to the fainting republic, an event occurred which threatened its subversion. In fact, it was one of the causes which led to the reformation in the finance, and the establishment of the new system. The whole Pennsylvania line, amounting to near 1500, revolted. They were suffering the extremity of want. They had enlisted for three years, or during the war ; and as the three years expired at the close of 1780, they contended that they had now a right to be dis- charged, and return to their homes. The govern- ment, however, maintained that they were bound to serve until the close of the war. From these causes a violent tumult broke out on the night of the 1st of January. They declared that they would march with arms in their hands to the hall of congress, and demand justice. It was in vain that their officers attempted to appease them. Their most popular leader, La Fayette, and others were constrained to quit the camp. General Wayne presected himself boldly among them with a pisto' in his hand ; but they menaced his life, and pointed their bayonets as if to execute their threat. March ing towards Philadelphia, they had already advancec from Middlebrook to Princeton, when they were met by Generals Reed and Sullivan, who were lonimissioners appointed by congress to investigate 'acts, and take measures for the restoration of public tranquillity. In the meantime, Sir Henry Clinton, informed of hese affairs, made every disposition to draw the mutineers into the service of the British. He rassed with his forces into Staten Island, and sent three American loyalists to make them the most tempting iffers. These the insurgents declined. Meanwhile, he commissioners of congress offered to grant dis- :harges to those who had enlisted foi three years, or during the war. They promised remuneration for what they had lost by the depreciation of paper ecurities, the earliest possible payment of arrears, m immediate supply o'f necessary clothing, and an blivion of their past conduct. The mutineers ac- cepted the proposals, and congress in due time ful- illed the conditions. The Pennsylvanians then delivered to congress the emissaries of Clinton, who were immediately hanged. A few days after this affair, the troops of New Jersey also erected the standard of revolt. Wash- ngton instantly marched against them with so pow- erful a force, that he compelled them to submit; and chastising their leaders with severity, the army was no longer disturbed by sedition. In the meantime the war was vigorously carried on at the south, by both the contending parties. General Greene, as has been related, had superseded Gates in command of the southern army, then at harlottetown. This army, which consisted of 2000 men, he separated into two parts. He marched at the head of one division to Hicks Creek, while Colonel Morgan, at the head of the other, moved by his direction into the western part of the state. Cornwallis, unwilling to advance into North Ca- rolina while Morgan was in his rear, detached Tarleton to oppose him with a corps of 1100 men, and two field-pieces. Tarleton found Morgan at a place called the Cowpens, and with his usual impe- tuosity commenced the attack. After one of the severest engagements which took place during the whole war, the British were defeated. The disparity of loss in this engagement was surprising ; while that of the British was 300 killed and wounded, that of the Americans was only twelve killed, and 60 wounded. Colonel Morgan took 500 prisoners, and all the artillery and baggage of the enemy. Colonels Washington, Howard, and Pickens dis- tinguished themselves in this action. Colonel Mor- gan now directed his march towards Virginia, in order to join General Greene. Cornwallis, mor- tified at the defeat of his favourite officer, immedi- ately prepared to pursue him. He intended to in- tercept him on his route, retake the prisoners, and prevent his junction with Greene. He then de- signed to proceed to the sources of the Yadkin, be- fore Greene could have crossed that river, and thus the last portion of the divided army would be his. Both Morgan and Cornwallis now proceeded by forced marches towards the Catawba, both exerting themselves to reach the fords before the other. Morgan reached the Catawba, and had crossed it but two hours before the British appeared on the opposite bank. Night coming on, Cornwallis was obliged to delay crossing until morning. A heavy rain fell, and in the morning the ford was impass- able ; and three days was the impatient Cornwallis obliged to wait, before the subsiding waters allowed him to pass. In the meantime Greene, anxious for the fate of UNITED STATES. 1071 the pursued troops, had left his army under the command of General Huger, to make their way toward the sources of the rivers, where they were fordable, and had himself proceeded with, only a few attendants to join Morgan. It was at this juncture that he arrived at the camp of Morgan, and took upon himself the command. Another race now commenced, and again the Americans foiled the British. The army had just crossed the Yadkin, and a quantity of baggage was yet remaining on the other side, when the British arrived. Again the waters suddenly rose, and Cornwallis was once more obliged to stop, and look inactively on, while the expected fruit of his plans and toilsome marches was iu a moment, snatched from him. And it was done by no human hand. At this signal deliverance every pious feeling of the American bosom rose in gratitude to Him who had made to them, as to his people of old, a way through the waters, while he had closed it to their enemies. General Greene now directed his course towards Guiltbrd court-house, where he was to be joined by General Huger. On the 7th of February the two detachments of the American army reached Guilford, and effected their junction in safety. The two plans of Cornwallis were thus defeated. He resolved, now, to proceed to the Dan ; intending, by reaching these fords before the Americans, to prevent their communication with Virginia. In this also he was disappointed, the Americans on the 1 1th crossed the Dan, with all their artillery, baggage, and stores, leaving the British yet in their rear. Cornwallis, thus disappointed in all his schemes, was compelled to relinquish them. He now deter- mined to remain in North Carolina, and to collect the loyalists under his standard. With this view he repaired to Hillsborough, and endeavoured to pre- vail upon the inhabitants to espouse the royal cause. His efforts, however, were not crowned with the success he anticipated. The people considered the cause of congress triumphant, and feared to mani- fest any attachment to the royal interest. In some instances, however, the British general prevailed upon the people to take up arms. He sent Taiieton with his legion to the district between the Haw and Deep rivers, to encourage the rising of the loyalists in that quarter. General Greene detached Colonel Lee with a body of cavalry to scour the country, and attack Tarleton. Lee soon overtook a body of loyalists marching to Cornwallis, under the command of Colonel Hill. The Americans charged them with vigour, and the tories. supposing them to be Tarle- ton's legion, and themselves mistaken for republi- cans, declared their attachment to the royal cause, and vociferated the cry, " long live the king." Between 200 and 300 were killed by their enraged assailants, and the survivors compelled to surrender. Tarleton, by a singular coincidence, soon after met another small body of royalists, and slaughtered them, believing them to be republicans. While advancing 'to encounter Lee, Tarleton was called back by Cornwallis to Hillsborough. Greene had now received a reinforcement of con- tinental troops, and several bodies of militia. These troops augmented his army to 6000, and he no longer wished to avoid an engagement with the British. Making every possible preparation for so important an event, he now marched toward Corn- wallis, who had taken post at Guilford court-house. The armies met on the 15th of March. Early in the battle some coinuanies of the militia fled, and he regulars were soon left to maintain the conflict alone. They fought for an hour and a half with rreat bravery, and in some instances forced the 3ritish to give way. They were, however, at length compelled to retreat, but it was only step by step, nd without breaking their ranks. The loss of the Americans in this engagement was estimated at 1300 men, that of the British in proportion to their number was more considerable. Greene now re- reated to Speedwell's iron works, ten miles from he field of battle. Cornwallis, although he had the reputation of a victor, found himself in consequence of his losses obliged to retreat, while Greene was in a condition to pursue, thus affording the singular spectacle of a vanquished army pursuing a victorious one. Cornwallis retired to Bell's-mills, and after a ew days' repose marched towards Wilmington, jreene having collected the fugitives of his army, followed the British, and with his light-infantry continually infested their rear. He however soon altered his course, and proceeded by forced marches :owards Camden in South Carolina. On Cornwal- lis's arrival at Wilmington, he was undetermined whether to return to the relief of South Carolina, or march into Virginia, and join the forces under Arnold. A council of war was called, which decided upon the first measure, and the British general, after having remained in Wilmington a few days, to refresh his troops, proceeded towards Petersburg, leaving the command of the forces in the Carolinas to Lord Rawdon, a young man of much talent ana military ardour, who he hoped would be able to hold the army of Greene in check, keep possession of the province, and establish the British authority. Sumpter and Marion annoy the British- Americant defeated at Hobkirk's Hill Rawdon evacuates Camden British forts taken by the Americans* Greene attacks fort Ninety-six. Lord Rawdon established his head-quarters at Camden, a place fortified with great care. The other principal posts of the British in Carolina were the city of Charlestown, Ninety-six and Augusta. They had, however, garrisoned several others of minor importance, so that their forces were much divided. The disaffection of the inhabitants to the British cause, compelled them thus to divide their troops, in order to maintain such points as were necessary to their subsistence, and their communication with each other. The intelligence of the retreat of Corn- wallis gave the republicans new hopes, and new vi- gour. Sumpter and Marion by their bold but pru- dent movements were continually gaining advan- tages over the royalists. They thus made them- selves regarded as leaders, who would conduct their followers to glory and success, and not lead them into disgrace or danger; and hundreds nocked to their standard, who were organized into regular companies. Thus they became so powerful, that they were able to hold "in check the whole of lower Carolina, while Greene with his army faced Lord Rawdon in the Highlands. That officer, finding that his position was becoming dangerous, strengthened his army by calling in his troops from places not susceptible of defence. General Greene at this time appeared in view of Carnden, at the head of his army, and proceeded to intrench himself within a mile's distance, at Hob- kirk's Hill. Rawdon would have retreated towards Charlestown ; but the way was infested by the light- troops of Sumpter and Marion. He perceived that the Americans trusted to the strength of their post, 1072 THE HISTORY OF AMERICA. auci guarded it with negligence. Arming his musi- cians, and leaving Camden in the care of the con- valescents, he marched with every being in his army capable of carrying a firelock, on the night of the 25th of April ; and taking a circuitous route, he fell by surprise on the left flank of the Americans. Greene perceiving that the British moved in a solid but not extended column, immediately caused them to be attacked at the same time on both flanks and in front. The battle became general and fierce. The royalists gave way. Rawdon pushed forward his reserve. The Americans in their turn retreated, and the efforts of Greene and his officers to rally them were ineffectual. The loss of the Americans in killed, wounded and missing, was 2G8 ; that of the British nearly equal. The American general after this affair, retired from Hobkirk's Hill, (five miles from Gun Swamp,) to re-organize his army. Rawdon, like Cornwallis at Guilford, found the effects of the battle to be rather those of a defeat than a victory. He was in- ferior to his enemy in cavalry, and could not pursue him. His army was weakened. The inhabitants in every direction were rising against him; and he had reason to tremble for several of his posts, which, as he was informed, were invested by the Americans. Thus situated, he evacuated Camden, rased its fortifications, and retreating before the foe which he boasted of having conquered, made his way to- wards Charleston. On the 13th of May, he arrived at Nelson's ferry ; where he learned that the forts which the Americans had invested had fallen into their power. Fort Watson capitulated to Marion and Lee ; fort Motte to Sumpter, and Georgetown to Marion. The prisoners taken in these forts amounted to nearly 800 ; and in fort Motte was a considerable quantity of military stores. From Nelson's ferry, Rawdon moved to Eutaw Springs. Greene now formed the design of reducing Ninety- six and Augusta ; the only two posts which remained to the British in the upper country, and which were already invested by militia, under Colonels Clarke and Pickens. He first marched his army against Ninety-six, which was the strong hold of the royal- ists, and could be overcome only by a regular siege. Meantime, Rawdon, whose army had been rein- forced by three regiments from Ireland, put himself in motion to oppose the American commander and preserve his fortresses, particularly that of Ninety- six. On his march, he learned the capitulation of Augusta, to the American militia, commanded by the gallant Colonel Pickens. Greene now learned that the enemy approached with fresh forces ; and he knew that his troops were in no condition to contend against the army of Raw- don, combined with the garrison of Ninety-six. Un- willing however to leave the place without an effort which should at least vindicate the honour of the American arms, he made a vigorous assault upon the fort, and gained a considerable advantage though he did not succeed in capturing it. He then removed his army beyond the Tigerand Broad rivers. Rawdon approached, and made some unavailing at- tempts to draw Greene into an engagement. After this, he entered and examined Ninety-six ; anc finding the place not capable of withstanding a re- gular attack, he abandoned it, and directed his march towards Orangeburg ; where, on the 12th, he established his head-quarters. Greene followec him ; but finding his position covered by the wind ings of the Edisto, he bent his march, ou the 16th o the heights which border the Santee. The season )roving uncommonly hot and sickly, the contend- ng armies, by tacit consent, suspended their ope- ations. During this period, occurred the last scene of the ragedy of Colonel Hayne. At the commencement >f the war, few men co'uld have been found more to be envied than Isaac Hayne. Blessed with the goods of fortune, eminently endowed with tho.se qualities which gain the love of men, possessing all the finer sensibilities which ennoble our nature, he was all that is estimable as a man and a patriot. At the commencement of the war, he entered with ardour nto the views of the republicans, and assisted in person at the defence of Charlestown. On the sur- render of that city, Hayne, whose consequence as a leader was appreciated by the British, was offered the alternative of becoming a British subject, or joing into rigorous confinement. For himself, he would not have hesitated a moment to choose cap- tivity. But his wife and children were at his plan- tation, languishing with the small-pox. And not only did he feel it agony at such a time to be sepa- rated from them, but he knew, that should he refuse the offer of the British, a lawless soldiery would violate and lay waste the retreat of his suffering family. Torn by conflicting duties, who could blame him, if in such a situation the husband and the fa- ther triumphed over the patriot. He consented to invest himself with the condition of a British subject, on the solemn assurances of the British general, Patterson, that he should not be called on to bear arms against his countrymen. Meanwhile the republicans had found means to change the fortune of the war. The British, obliged to act on the defensive, no longer regarded their sacred engagements, but called on those enrolled as their subjects, to take up arms in their defence. Hayne, among others, found that he could not re- main peaceably at home. His home too was deso- lated, by the loss of his wife and two children, who had died with the small-pox. Feeling released from an obligation which the British themselves had vio- lated, he once more took arms in the cause which he had ever held dear. Engaged as a colonel, com- manding a corps in the partisan warfare, he was taken prisoner and confined in a deep dungeon in Charlestown. Without even the form of trial, Lord Rawdon with Colonel Balfour, the commandant of Charlestown, contrary to the usages of war, sen- tenced him to death. The royalists, with the go- vernor at their head, petitioned for the prisoner, and pleaded the impolicy of the act. The most dis- tinguished women of Charlestown, touched with his virtues, pleaded his cause with all the feeling and eloquence of their sex. But more than all, his children, clad in mourning for their mother, ap- peared before the judges, and stretching out their little hands, pleaded and entreated with tears for the life of their surviving parent. But they pleaded in vain ; and Hayne was led to execution. Amidst the execrations which Rawdou's unrelent- ing cruelty had in this instance drawn, not only upon himself, but upon the cause which he had thought proper to use such means in vindicating, that general left the capital of Carolina, and re- turned to, England. The command of the army de- volved on Colonel Stuart. Battle of Eutaw Springs Engagement of the French and English fleets Junction of the British armies Tarleton surprises Charlotte-villc Cornwallit UNITED STATES. 1073 enters Yorktown Washington arrives at the head of the Elk De Grasse enters the Chesapeake Action between the French and English fleets. General Greene, still in his camp at the high hills of the Santee, had made the best use of the time allowed him by the suspension of arms. It was now the beginning of September, the sultriness of the season had abated, and Greene determined, if possi- ble, to dispossess the British of the remaining posts in the upper country. He marched to the upper Congaree, passed it with all his army, and descended along its right bank, intending to attack Colonel Stewart, who at this time occupied the post of Ma- cord's Ferry. The royalists fell back upon Eutaw Springs ; thither General Greene pursued them, and on the 8th of September the armies engaged. The battle of Eutaw Springs is memorable as being one of the most bloody and valiantly contested fields of the war; and also for being the last of any note that occurred at the south. In this battle General Greene drew up his forces with great skill, and made the attack. The troops on both sides fought with great bravery. The Ame- rican officers remarked, that when necessary, their soldiers resorted promptly to the use of the bayonet, which they had formerly appeared to dread. After a severe contest, victory seemed to declare for the republicans. The British were routed and fled ; but finding in their flight a large house and some other objects affording shelter, they rallied and repulsed their assailants with heavy loss. Greene finding it impossible to dislodge them, retreated to bis cainp, bearing 500 prisoners. The whole loss of the British in killed and wounded was about 1000, that of the Americans 600. Congress voted their thanks to General Greene, and presented him with a con- quered standard and a golden medal. Greene was ably seconded by his officers, among whom the gal- lant Colonels Lee and Washington are mentioned as particularly deserving. The latter was wounded and taken prisoner. Greene's army having being reinforced, the British no longer dared to keep the open country, but retired to Charlestown. Thus had the Americans in a few months recovered the whole of the states of South Carolina and Georgia, except their capitals. The skill and valour mani- fested by Greene in their defence, has given him a rank among the heroes of the revolution, second to none but to Washington. While the war at the south was progressing, other important operations were going on in other parts of the union, and we now go back several months in the order of time, to give an account of their pro- gress. It will be recollected that we left both Corn- wallis and the traitor Arnold in the state of Vir- ginia. The latter had landed on the 4th of January with a force of 1700 men, in the vicinity of Rich- mond. He destroyed the public stores in Richmond ; and sent Colonel Simcoe, who laid waste those in Westham. In their course Arnold and his officers committed the most wanton depredations on private property. Washington, although perplexed with the recent mutiny of the troops, and the deranged state of the finances, concerted measures with the French, by means of which, he hoped to relieve Virginia, and obtain possession of the traitor and his force. La Fayette, at the head of 1200 light-infantry, was detached towards Virginia, while the commander of the French fleet at Rhode Island dispatched a squadron of eight sail of the line under the Chevalier HIST. OF AMER. Nos. 135 & 136. Destouches, to cut off the retreat of Arnold from the Chesapeake. But Clinton, gaining intelligence of the plan, sent Admiral Arbuthnot to the relief of Arnold, with a squadron of equal force. These two fleets met and fought off Cape Henry, on the 16th of March, and suffered equal, though not very con- siderable loss. But the French were constrained to relinquish their design, and return to Rhode Island. Upon hearing this, La Fayette, who had arrived at Annapolis, marched to the head of the Elk. Clinton, finding how narrowlyArnold had escaped, sent to his assistance General Philips with 2000 men. Thus reinforced, Arnold resumed the work of pillage and destruction. La Fayette arrived in time to save Richmond ; but he witnessed from that place the conflagration of Manchester, on the oppo- site bank of the James. About this time both parlies learned the approach of Cornwallis ; and it became the object of Philips and Arnold to form a junction with him at Petersburg. They arrived before Corn- wallis. While awaiting his arrival, General Philips sickened and died. His death occurred the 13th of May, and on the 20th Cornwallis reached Petersburg. After remaining a few days at Petersburg, Corn- wallis, now in command of the combined forces, directed their march into the interior of Virginia, supposing, as was the fact, that the Americans were too weak and too much dispersed, to offer any effec- tual opposition. There were, however, three sepa- rate corps of republican troops in Virginia ; one under General La Fayette, another and a smaller one under the Baron Steuben, and the Pennsylvania troops under General Wayne. Had they been united, they were by no means a match lor the army of Cornwallis. But La Fayette, who had the chief command, showed how well he had profited by the lessons of Washington. Prudent and brave, under- standing far better than the British, the ground over which the armies moved, he harassed his foe and restrained his motions ; without once suffering him- self to be led into a snare, or his army to be en- dangered. When Cornwallis pursued, he retreated ; when intent upon some other object, his foe held another direction, immediately La Fayette pursued in his turn, hanging upon his rear, and preventing him from sending out straggling parties. This con- duct kept up the spirits of the republicans, and pre- vented the British from realizing their sanguine ex- pectation, that many would flock to their standard. While at Westover, Cornwallis detached Colonel Tarleton to Charlotte ville, where the legislature of Virginia were in session, and at the same time sent Colonel Simcoe to the Point of Fork, at the junction of the two rivers which form the James, to seize some stores at that place. Both these expedi- tions were in a measure successful ; but Tarleton was disappointed of the prize on which he most cal- culated. This was the capture of Governor Jeffer- son, who after having provided for the safety of a considerable quantity of arms and ammunition, found means to elude the vigilance of his pursuers. Cornwallis, while thus ranging the interior of Vir- ginia, constantly checked however by La Fayette, was suddenly recalled to the sea-coast by an order from Sir Henry Clinton. That general, appre- hensive that the Americans and French meditated an attack on New York, and fearing that he was not in sufficient force to resist them, had directed Cornwallis to embark 3000 of his troops to join his garrison. Intent on obeying his mandate, Corn- wallis marched with his army to Portsmouth, where he received orders to retain the troops. Clinton, 4S 1074 THE HISTORY OF AMERICA. having received a reinforcement of 3000 Germans, now believed he could dispense with further aid ; and ordered Cornwallis to proceed to Point Comfort and there fortify, in order to have, in any event, a secure retreat. Cornwallis found reasons for disliking this post, and obtained of Clinton permission to select another. He fixed on Yorktown, a village which is situated on the right bank of York river. Upon the opposite side of the stream upon a projecting point, which rrows and deepens its channel, is the smaller village of Gloucester. Cornwallis entered York- town, August 23rd, and proceeded to 'erect forti- fications. We have already seen the difficulties which, from an exhausted army and treasury, at the com- mencement of this campaign, environed the com- mander-in-chief. For Washington was, in fact, a main spring in the deliberations and decisions of congress, as well as the director of field operations. He had learned that a considerable French fleet, and a body of land troops was soon to arrive upon the coast. Anxious to avail himself of the naval superiority which this force would give him, and to strike some important blow, the commander-in-chief, with the advice of Rochambeau, whom he met at Weathersfield, determined to attack New York. Clinton, apprised of the plan, determined, as we have seen, to recall a part of the forces of Corn- wallis, but was prevented by the arrival of 300C German troops, which increased his garrison to up- wards of 10,000. In the meantime, Washington was disappointed in his expected recruits. Instead of 12,000 regular troops, which he was to have had, he could hardly muster 5000, a number by no means adequate to the projected siege. He learned that De Grasse, the expected French admiral, could not remain on the American coast longer than October, and finally that his destination was the Chesapeake. From thes< considerations, Washington suddenly changed hi: plan of operations, and bent all his calculations t( take Cornwallis in the snare which he seemed laying for himself. Success depended upon secrecy, for had Sir Henry Clinton been apprised of his plan, he might at firs have defeated it. But it may reasonably be sup posed that few at this time were in the counsels o the commander-in-chief, for never was a secret bet ter kept, or an enemy more completely deceived Washington made every show of a preparation t attack New York. He broke up his camp at Nei Windsor, and advanced down the river to Kings bridge. The French army, consisting of 5000 unde Rochambeau, had marched from Rhode Island an joined him. They appeared daily to expect the ar rival of De Grasse at New York. Suddenly Wash ington crossed the Hudson, and directed the rapi .march of the continental armies across New Jersey But he had caused a report to be spread, that thi was merely a feint to draw Clinton from his fortifica tions, that he might fight him in the open fielc Clinton deceived, removed within his fortress. Wash ington, now learning that De Grasse was near th Chesapeake, no longer delayed crossing the Dela ware, and steering direct for his object, well satis fied that the time for his foe to prevent its accom plishment was past. He arrived after a rapid marc at the head of the Elk, the northern extremity c the Chesapeake, on the 25th of August ; and havin made the necessary arrangements for the transpo tation of his army, he proceeded in person to Vi nia, attended by the Count De Rochambeau ; and i the 14th of September, he joined La Fayette at filliamsburg. The Count De Grasse with 25 sail of the line, ntered the mouth of the Chesapeake only one hour efore Washington arrived at the head of the Elk, nd immediately performed the part assigned to him, y blocking up the mouths of the York and James vers, thus cutting off all communication between \e British at Yorktown and New York. He also pened a communication with La Fayette. When ornwallis first took post at Yorktown, this general ad occupied a position high up the river, but had ow descended as far as Williamsburgh. The allies ad a fear that Cornwallis, seeing the toils into hich he was falling, would turn upon La Fayette, ho was inferior in force. To prevent this, 3000 ght troops, under the Marquis de St. Simon, were ent up the river in boats, to join him at Wiiliams- urgh. The allies needed artillery, and other prepara- ions for besieging, as Cornwallis had strengthened lis works, and could only be overcome by a regular iege. These they expected from Rhode Island, o be brought by a French squadron, commanded y the Count De Barras, who had made sail three ays before the arrival of De Grasse in the Chesa- )eake. To prevent falling in \vith the British fleet, Sarras had stood far out to sea. While expecting lim, De Grasse, on the 5th of September, saw, off he capes, a British fleet of nineteen sail, under Admiral Greaves. The French commander, advised y Washington, behaved with admirable skill and irudencs. He engaged the British partially, to draw them from their anchorage ground; by which means the Count De Barras, as he expected, was enabled to pass by them into the bay ; but refused a general engagement, which would have been putting o hazard a game, which with prudence was already n the hands of the allies. Fort Trumbull taken And fort Groswall Arnold burns New London Yorktown besieyed Corn- wallis capitulates British Land forces surrender to the American*, and the Marine to the French Clinton too late endeavours to preserve Cornwallis La Fayette returns to France. Cornwallis had now no hope of escape but from linton. To him he had found means to represent bis situation, and closely invested as he was, he re- ceived an answer to his communication. By this he was informed that troops would, if possible, em- bark from New York for his relief by the 5th of October. Clinton, hoping to draw off some part of the forces which menaced Cornwallis, projected an expedition against New London in Connecticut, the command of which he gave to the traitor, Arnold, lately re- turned from Virginia. The access to the port of New London, was guarded by forts Trumbull and Griswold, erected on the opposite banks of the Thames. Fort Trumbull was taken without much effort. The garrison of fort Griswold was composed of militia, many of whom were the fathers of the families in the vicinity, hastily collected, and under the command of the estimable Colonel Ledyard. They made a resolute defence, and killed numbers of the assailants. At length, however, they were overpowered, and ceased to resist. As the British entered the fort, an officer inquired " who com- mands this fort ?" " I did," said Colonel Ledyard, " but you do now," and presented his sword. UNITED STATES. 1075 The monster took it and plunged it in his bosom. This was the signal for slaughter. Forty, out of 160, were all that escaped. Scarcely was there a father of a family in the little town of Groton, but was that night butchered, and almost its entire popu- lation became widows and orphans. New London was next laid in ashes, and a great number of vessels richly laden, fell into the hands of Arnold. Washington was not however moved to quit his post at the south. The people of Connec- ticut showed ominous signs of resistance, and Arnold judged it prudent to return to New York. Cornwallis, in the belief that he should receive succour from Clinton, abandoned his out-posts and defences, and withdrew entirely within the fortifica- tions of Yorktown. Many of his own officers con- sidered this as a great error. They had urged him to attempt crossing the river, and regaining the open country, through which they might, as they believed, proceed by rapid marches to New York. While he delayed and deliberated, the small chance that was left him of escaping in this way, was de- stroyed. The besiegers had now collected in the vicinity of Yorktown ; their whole force amounted to 16,000, 7000 of whom were French. Notwith- standing a heavy fire from the fort, they made rapid advances in their works. They had commenced them on the night of the 6th of October. On the 9th several batteries were completed, and a heavy destructive cannonade commenced. On the llth they began their second parallel, which was only 300 yards from the fort. In order to complete their trenches, it was necessary to dislodge the English from two redoubts which were in advance of their main works. Washington determined on carrying them by assault, and taking advantage of the emula- tion between the two armies, to make success more certain, he assigned to the French under Baron De Viomesnil the taking of one, while to the Americans under the Marquis La Fayette and Colonel Hamil- ton he assigned the capture of the other. The ardour and eloquence of the officers stirred up their troops to the highest pitch of valour, and their onset was so furious, that the British, though they bravely withstood, could not long resist them. Both the re doubts were taken, not without loss to the allies, o which the French parly suffered the greatest share. Nothing now remained to prevent the completion of the second parallel ; which once finished, Corn wallis had no alternative before him but death or submission. In fact his walls were already broken and his ditches filled up by their falling parts. On the night of the 16th, the British under General Abercrombie made a rigorous sortie, took two bat teries and spiked eleven cannon. They were chargec furiously by the French under De Noailles, ant driven back to their encampments. Thus situated, Cornwallis made one more effort which had he, as advised, sooner attempted, migh perhaps have saved his army. This was to cross th river in the night, to Gloucester Point, where a small garrison of the British, commanded by Tarle ton, were watched by the French under De Choise. Leaving his baggage, and the sick am wounded, whom in a letter to Washington, he re commended to his generosity, his army were tc embark in three divisions. A part had already crossed and landed at Gloucester Point ; a part wer upon the river, the third division alone had not em barked ; the air and the water were calm, and Corn wallis's hopes of escape were high. In a moment the sky was overcast and a tempest arose, the ele ments were armed against him, as if again he was hecked by that invisible power which seemed to atch over the destiny of the American people, and hich before by the swelling of the waters had saved iieir army from his grasp. The wind and rain were iolent, and his boats were driven down the river, ^he day appeared, and the besiegers discovering heir situation, opened upon his scattered and weakened army, a destructive fire ; and they were dad when the abating tempest allowed them to re- urn to their almost dismantled fortifications. Seeing now no hope of escape, his army wasting y the irresistible fire of the American works, Corn- vallis no longer delayed to treat for a surrender. Jefore noon on the 17th he sent a flag to Washing- on, requesting a cessation of arms for 24 hours, and he appointment of commissioners to settle the terms )f surrender, Washington fearing the arrival of British troops, refused to grant a truce longer than, wo hours ; and signified that within that time he ihould expect the propositions of the British com- mander. Cornwallis wished to obtain liberty for the European troops to return to their homes upon their >arole of not again serving in the American war; and he also wished to make terms for the Americans who had followed his fortunes. Both these condi- ions Washington refused, as the European soldiers would be at liberty to serve in garrisons at home, and the case of the Americans belonged to the civil authority. All that the most earnest persuasion could obtain from Washington on this point, was )ermission for a sloop, laden with such persons as Cornwallis selected, to be allowed to pass without search or visit to New York; he being accountable for the number of persons it carried, as pr.soners of war. The whole remaining British force to be surrendered to the allies; the land army with its munitions to the Americans, the marine to the French. Agreeable to the articles of capitulation, the posts of Yorktown and Gloucester were surrendered on the 19th of October. The prisoners exclusive of seamen amounted to more than 7000, of whom 2000 were sick or wounded. Five hundred and fifty-two of the British had fallen during the siege. Sixty pieces of cannon also fell into the hands of the Americars, principally brass. Two frigates and twenty trans- ports with their crews fell into the hands of the French. General Lincoln, who had suffered at Charlestown the mortification of surrendering an American army, was, with peculiar delicacy, selected by the commander-in-chief to receive the submis- sion of the British army. The French and Americans added on this occa- sion the praise of generosity and humanity, to that of wisdom and valour. Their leaders vied with each other, in acts of kindness to the conquered officers, and every possible attention was paid to the accommodation of the soldiers. On the day in which the capitulation was signed, Clinton passed Sandy Hook, with a powerful force, to go to the succour of Cornwallis ; he appeared oS the capes of Virginia on the 24th, where learning the surrender of the army, he immediately returned to New York. This event caused a burst of joy and exultation throughout America. Nor did the people, or the civil rulers, amidst the honours which were showered upon the American and French commanders, forget to acknowledge their supreme obligations to the Great Commander and Ruler of armies and of nations. Washington would gladly have detained the French 1076 THE HISTORY OF AMERICA. your bosom, because you who have already felt and suffered so much will be able to sympathize with me." The people of England, who felt severely the ex- for France, leaving deep in the hearts of a grateful vernment, nothing remained to them on the Ame people, the remembrance of his virtues and his services. and ieton Poverty of the American government Trials magnanimity of the treasurer Sir Guy Car supersedes Clinton Articles of peace siyned Paris Disturbance amony the officers of the army Evacuation of New York Resignation of Wash- ington. fleet to co-operate in a descent upon Charlestown; but DC Grasse being under orders from the French court, to be in the West Indies on a certain day, dared not hazard the detention of his fleet; and I penses of the war, on hearing the disasters which made sail for those islands without delay. had attended their armies, particularly that of Corn- General La Fayette, who had sought America in wallis, no longer suppressed their discontent. They her adversity, left her as soon as prosperity dawned saw, that after the lives and property which had upon her fortunes. He embarked about this time been expended, after all the intrigues of their go- f deep in the hearts of a grateful | rican shores but New York, Charlestown, and Savan- nah; and these posts could only be maintained by strong fleets and garrisons. All hope of reducing the Americans to subjection now vanished. Still the king, in his speech at the opening of parliament, showed his unwillingness to relinquish his sway over what he had during his life considered his patrimony; the people, however, persisted in their wishes for peace, and loudly demanded the removal of minis- The poverty of the United States, as a govern- 1 ters, who advised the king to measures so much ment, was again almost incredible. The great effort I against the public interest. made by congress in the winter of 1780-81 enabled The house of commons, about the last of Febru- them to provide for the campaign of the ensuing ary, moved by the general feeling, as well as by the season, and it was most fortunate for America that eloquent speeches of General Conway and others, the result was favourable; for it seems impossible voted " that they should consider as enemies to his that another active and expensive campaign could majesty and their country, all who should advise or have been sustained. There was no fault in the attempt a further prosecution of offensive war on the arrangements of congress, or remission of activity, continent of America." This vote was followed by prudence, and patriotism on the part of the treasurer, the resignation of the office of prime-minister, by On the contrary, congress had made the most judi- Lord North, and the appointment of an administra- cious arrangements early in the winter of 1781. tion favourable to peace. They were aided in their deliberations by Washing- Sir Henry Clinton was now superseded in corn- ton, who, at their request, had stopped at Philadel- mand by Sir Guy Carleton ; whose conciliating phia, on his way from Yorktown, to his accustomed conduct as governor of Canada, had gained him the winter- quarters. They laid taxes, and apportioned esteem of the Americans. The general sentiment them among the several states ; and made such other I of all parties was now favourable to peace ; and after regulations, that the commander-in-chief had san- this there were no hostile operations, except a few of guine hopes that every thing would be in readiness 1 inconsiderable importance in South Carolina. In for an early campaign, as it was wisely considered one of these fell the young and gallant Colonel that the way to obtain an honourable peace was to Laurens, lamented by Washington and the whole be in readiness for war. But the several state go- 1 army. vernments wholly failed of paying their quotas, I Admiral Digby, who the summer before had ar- alleging the utter inability of their constituents to rived in New York with reinforcements for Clinton, support further taxation. Although by the judicious I was appointed with Carleton by the British ministry, arrangements of Morris the public expenses were to treat with the Americans for peace, on the ground much diminished, yet they were necessarily great, I of acknowledging their independence; but congress and must so continue, although the means of meet- 1 finding that parliament had not sanctioned this step ing them thus unexpectedly failed. At the com- I of the ministry, refused to negotiate with their mencement of 1782 not a dollar remained in the agents. Whether this was or was not, as many treasury. " Yet to the financier," says Marshall, supposed, a snare which was set for the Americans, " every eye was turned ; to him was stretched forth congress without doubt encountered one, which had the empty hand of every public creditor, and against for its object to destroy their alliance with France him, instead of the state authorities, w ere the com- I and Spain, by procuring the American government plaints and imprecations of every unsatisfied claim- to treat separately from her allies; but this congress ant directed." The keen sense of the ingratitude steadily refused. of his country, experienced by this injured patriot, I That body, careful to be ready for the first ho- and at the same time his resolution not to aban- nourable overtures which they should receive, had don the cause of a people who were so unjust to him, appointed John Adams, their minister at the Hague, were thus expressed in a letter to the commander-in- I as a commissioner for this purpose : with him they chief: " With such gloomy prospects as this letter I now associated Benjamin Franklin, John Jay, and affords, I am tied here to be baited by continual 1 John Laurens. The latter, while crossing the ocean clamorous demands ; and for the forfeiture of all I as minister to Holland, had been captured and that is valuable in life, and which I hoped at this I confined in the Tower of London, moment to enjoy, I am to be paid by invective. I To meet these commissioners at Paris, the court Scarce a day passes, in which I am not tempted to I of St. James sent Mr. Fitz Herbert and Mr. Oswald, give back into the hands of congress the .power On the 20th of January, 1783, preliminary articles they have delegated, and to lay down a burden I of peace were signed at Versailles. The definitive which presses me to the earth. Nothing prevents I treaty was deferred until the adjustment of affairs me but a knowledge of the difficulties which I am between England and France, and was not signed obliged to struggle under. What may be the sue- I until the 8rd of September, 1783. The terms granted cess of my efforts, God onlji knows; but to leave I to America by this treaty, in respect to extent of my post at present would I know be ruinous. This I territory und right to the fisheries of New England, candid state of my situation and feeiiugs I give to | were equal to the most sanguine expectations of her UNITED STATES. 1077 friends. The English ministers then in power, seemed to be aware of the policy of making Ame- rica independent in fact, as well as in name : pro- bably the more so, as a contrary disposition was manifested by France. Both powers seemed aware, that if she remained in a state of dependence, it must, from the posture of affairs, be a dependence upon France, rather fchan upon England. The American negotiators were men of great ability and ardent patriotism, and well knew how to turn this sta'e of things to the advantage of their country. But in the general pacification, and amidst the protracted negotiations f the several parties, nothing was stipulated on the subject of neutral rights, which had been the moving cause of the coalition against England; and thus a door was left open for future contention and bloodshed. The situation of the rising republic of America was, during these long negotiations, extremely cri- tical. Had congress possessed the means of paying their officers and soldiers, there would have been nothing to apprehend from the disbanding of so patriotic an army. But the officers, aware of the poverty of the treasury, doubted whether it would be in the power of congress to fulfil the stipulation made in October, 1780, granting to them half pay for life. While the independence of their country was uncertain, they had pressed forward to the attain- ment of that object; and, regardless of themselves, had sacrificed their fortunes, their possessions, and their health. Nowthatgreatobjectwas attained, they began to brood over their own situation ; and fears arose that should they disband before their country had done them justice, and lose their consequence as a body, themselves and their services might be forgotten. Designing persons increased their discontent, by insinuating that their cause was not advocated with sufficient zeal by their commander. On the 10th of March, while the army was lying at Newburgh, an anonymous paper was circulated, which embodied in the most glowing language the deep feelings of many hearts. The discontents of the army exploded, and murmurs rose to threats and open invective. This paper proposed a meeting of the officers on the ensuing day. Washington, aware of the feelings of the army, had not availed himself of the suspension of hostili- ties to seek the pleasures of home, but had remained in the camp. He now saw that the dreaded crisis had arrived. Intent on guiding deliberations which he could not suppress, he called his officers to a meeting somewhat later than the one appointed in the anonymous appeal, to which, in his orders, he alluded with disapprobation. In the interim he prepared a written address. The officers met. The father of his country rose, to read the manuscript which he held in his hand. Not being able to dis- tinguish its characters, he took off his spectacles to wipe them with his handkerchief. " My eyes," aid he, " have grown dim in the service of my country, but I never doubted her justice." This was a preface worthy of the paper which he read. In this he alluded in the most touching manner to the sufferings and services of the army, in which he too had borne his share. He treated with becoming severity the proposition to seek, by unlawful means, the redress of their injuries. He assured them that congress, though slow in their deliberations, were favourable to the interests of the army ; and he conjured Athena not to tarnish the renown of their brilliant deeds, by an irreparable act of rashness and folly ; and finally, he pledged them his utmost exertions to assist in procuring from congress the just reward of their meritorious services. The officers listened to the voice which they had so long been accustomed to respect and obey ; and* the storm of passion was hushed. His pledge of using his influence with congress in behalf of the army, was performed in a manner which showed how deeply he had their cause at heart. " If," said he, in a letter to that body, " the whole army have not merited whatever a grateful people can bestow, then I have been beguiled by prejudice, and built opinion on the basis of error. If this country should not, in the event, perform every thing which has been requested in the late memorial to congress, then will my belief become vain, and the hope that has been excited, void of foundation. And if (as has been suggested for the purpose of inflaming their passions,) the officers of the army are to be the only sufferers by this revolution; if retiring from the field they are to grow old in poverty, wretchedness, and contempt ; if they are to wade through the vile mire of dependency, and owe the miserable remnant of that life to charity, which has hitherto been spent in honour, then shall I have learned what ingratitude is ; then shall I have realized a tale which will em- bitter every moment of my future life. Moved by the remonstrances of Washington, and alarmed lest the danger they had so narrowly es- caped should return, congress made every exertion in their power to do justice to the officers. They commuted the half-pay which had been pledged to them, for a sum equal to five years full pay. The army was disbanded without tumult, in November, 17f/3. They mingled with their fellow-citizens, ever through future years to be honoured for belonging to that patriotic band. On the 25th of November the British troops eva- cuated New York, and a detachment from the Ame- rican army entered it. On the 4th of December the separation of Wash- ington from his officers took place at New York. The long and eventful period which they had passed together; the dangers they had mutually shared; the reflection that they parted to meet no more ; and above all, the thought that they might never again behold the face of their beloved commander, filled their hearts, and the hardy veterans wept. From New York, Washington hastened to Anna- polis, where congress was then in session. He im- mediately waited on them for the purpose of re- signing his commission. A public audience was appointed for that purpose on the 23rd of December, when, in the presence of a large, and deeply affected audience, he resigned his offices, and commended his country to the protection of God. He retired to Mount Vernon, followed by the benedictions of America, and the admiration of the world. State of the American finances Rebellion in Massa- chusetts In New Hampshire Defects in the Ame- rican form of government Delegates meet from five states Constitution framed at Philadelphia Constitution Adopted by eleven statea Geographi- cal notices, Sfc. (1784.) At the close of the war, the United Statersons. The actual enumeration shall be made within three years after the first meeting of the con- gress of the United States, and within every subse- jierit term of ten years, in such manner as they hall by law direct. The number of representatives hall not exceed one for every 30,000, but each state hall have at least one representative; and, until uch enumeration shall be made, the state of New lampshire shall be entitled to choose three, Mas- achusetts eight, Rhode Island and Providence Plan- ations one, Connecticut five, New York six, New ersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. " IV. When vacancies happen in the representa- ion from any state, the executive authority thereof hall issue writs of election to fill such vacancies. " V. The house of representatives shall choose heir Speaker, and other officers ; and shall have be sole power of impeachment. Section 3. " I. The senate of the United States shall be com- osed of two senators from each state, chosen by tie legislature thereof, fot six years ; and each se- ator shall have one vote. Some of these politicians thought the only sal' mode of reasoning was from the experience of th past, and that all speculations not drawn from thi source, should be condemned as impracticable, spe culative, and visionary. These looked for an ex ample to the constitution of England, as containing the best form of government actually existing. Others believed that as the circumstances of th times changed, governments should accommodat themselves to the change. That the present state o the world, and the situation of America had m parallels in history ; and that therefore the track of no former nation could serve as the guide to thei voyage : but like the discoverer of their continent they must lay their course through the untravellec way, with nothing to guide them but the light o heaven, and their own observation. The happy medium probably lies between the ex tremes of these two opinions ; and the constitution framed, being a compromise between them, the form of government, which it prescribes is probably, on that account, more perfect than if either side hac wholly prevailed. Connected with these ideas concerning the greater or less degree of strength proper to give to the new government, was the subject of the consolidation or strict independence of the states. Those who wished for the general government to possess great strength were charged by their opponents with wishing so to arrange it, that in the play of its parts, it would have broken down and subjected to itself the state govern ments. Those, on the other hand, who feared op- pression more than anarchy, watched, with a jealous eye, every infringement of state rights. Those in favour of holding the states strongly united, were called at this time federalists, and their opponents anti-federalists. Other points of dispute arose still more dangerous, because they divided parties by geographical lines. The most difficult of these, regarded the represen- tation in congress of the slave-holding states. The non-slave-holders contended that the number of representatives sent should only be in proportion to the number of free white inhabitants. This would bring some states whose whole population was great, upon a level with others where the number of inhabitants was comparatively small ; and mem- bers from these states would not give their consent to such an appointment. This difficulty, like many others which perplexed the convention, was com- promised ; and the slaves were allowed to be reckoned, in settling the quota of representatives, as equal to three-fifths of an equal number of free white inhabitants. That these great difficulties were compromised, holds up this convention, as an example to future times, of the triumph of strong patriotism and honest zeal for the public welfare, over party feeling and factious prejudice. If the time shall ever come when any American congress or convention shall fail to compromise amicably, disputes which con- flicting interests must produce in this extensive re- public ; then will the day of its degeneracy have arrived, and its downfal be at hand : then will be experienced the triumph of party feeling and fac- tious interest over patriotism and public zeal. The finger of history would point with scorn at such a body of men, while she contrasted them with the wise and honest patriots who framed the constitution which such a convention would have destroyed. The federal constitution, at the time of its adop- tion, was far from receiving the entire confidence 1080 THE HISTORY OF AMERICA. " II. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expiration of the sixth year, so that one-third maybe chosen every second year; and if vacancies happen by resignation, or other- wise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legisla- ture, which shall then fill such vacancies. " III. No person shall be a senator who shall not have attained the age of 30 years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. " IV. The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided. " V. The senate shall choose their other officers, and also a president pro tempore in the absence of the vice-president, or when he shall exercise the office of president of the United States. " VI. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside ; and no person shall be con- victed without the concurrence of two-thirds of the members present. " VII. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honour, trust or profit under the United States ; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and pu- nishment according to law. Section 4. " I. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators. " II. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law ap- point a different day. Section 5. " I. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide. " II. Each house may determine the rules of its proceedings, punish its members for disorderly be- haviour, and, with the concurrence of two-thirds, expel a member. " III. Each house shall keep a journal of its pro- ceedings, and from time to time publish the same, excepting such parts as may in their judgment re- quire secrecy ; and the yeas and nays of the mem- bers of either house on any question, shall, at the desire of one-fifth of those present, be entered on the journal. " IV. Neither house, during the session of con- gress, shall, without the consent of the other, ad- journ for more than three days, nor to any other place than that in which the two houses shall be sitting. Section 6. " I. The senators and representatives shall re- ceive a compensation for their services, to be ascer- tained by law, and paid out of the treasury of the United States. They shall in all cases, except treason felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place. " II. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emo- luments whereof shall have been increased during such time ; and no person holding any office under the United States, shall be a member of either house during his continuance in office. Section 7. " I. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments as on other bills. " II. Every bill which shall have passed the house of representatives and the senate shall, before it be- comes a law, be presented to the president of the United States; if he approve, he shall sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such re-conside- ration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objec- tions, to the other house, by which it shall likewise be re-considered, and if approved by two-thirds of that house it shall become. a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within tea days (Sundays excepted), after it shall have been presented to him, the same shall be a law, in lilce manner as if he had signed it, unless the congress by their adjournment, prevent its return, in which case it shall not be a law. " III. Every order, resolution, or vote, to which the concurrence of the senate and house of repre- sentatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States ; and before the same shall take effect, shall be approved by him, or, being disap- proved by him, shall be re-passed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. Section 8. " The congress shall have power " I. To lay and collect taxes, duties, imposts and excises ; to pay the debts and provide for the com- mon defence and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States. " II. To borrow money on the credit of the United States. " III. To regulate commerce with foreign na- tions, and among the several states, and with the Indian tribes. ' IV. To establish a uniform rule of uaturaliz* UNITED STATES. 1081 tion, and uniform laws on the subject of bankrupt- cies throughout the United States. " V. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures. " VI. To provide for the punishment of counter- feiting the securities and current coin of the United States. " VII. To establish post-offices and post-roads. " VIII. To promote the progress of science and useful arts, by securing for limited times, to authors and inventors, the exclusire right to their respec- tive writings and discoveries. " IX. To constitute tribunals inferior to the su- preme court. " X. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations. " XI. To declare war, grant letters of marque and reprisal, and make rules, concerning captures on land and water. " XII. To raise and support armies ; but no ap- propriation of money to that use shall be for a longer term than two years. " XIII. To provide and maintain a navy. " XIV. To make rules for the government and regulation of the land and naval forces. " XV. To provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. "XVI. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the autho- rity of training the militia, according to the disci- pline prescribed by congress. " XVII. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may by cession of particular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings : and " XVIII. To make all laws which shall be neces- sary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. Section 9. " I. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by the congress prior to the year 1808, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. " II. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of re- bellion or invasion the public safety may require it. " III. No bill of attainder or ex post facto law shall be passed. " IV. No capitation, or other direct tax shall be laid, unless in proportion to the census or enumera- tion herein before directed to be taken. " V. No tax or duty shall be laid on articles ex- ported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another ; nor shall vessels bound to or from one state, be obliged to cuter clear, or pay duties in another. " VI. No money shall be drawn from the treasury, but in consequence of appropriations made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be pub- lished from time to time. " VII. No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them, shall, without the consent of congress, accept of any present, emolument, office or title of any kind whatever, from any king, prince or foreign state. Section 10. " I. No state shall enter into any treaty, alliance or confederation ; grant letters of marque and re- prisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility. " II. No state shall, without the consent of con- gress, lay any imposts or duties on imports or ex- ports, except what may be absolutely necessary for executing its inspection laws; and the net produce of all duties and imposts laid by any state on imports or exports, shall be for the use of the treasury of the United States, and all such laws shall be subject to the revision and control of congress. No state shall, without the consent of congress, lay any duty on tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. ARTICLE II. Section 1. " I. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term of four years, and, together with the vice-president, chosen for the same term, be elected as follows : " II. Each state shall appoint, in such manner as the legislature thereof ma/ direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. " III. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed ; and if there be more than one who have such ma- jority, and have an equal number of irotes, then the house of representatives shall immediately choose, by ballot, one of them for president ; and if no per- son have a majority, then from the five highest on the list, the said bouse shall in like manner choose the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the stales shall be necessary to a choice. In every case, 1082 THE HISTORY OF AMERICA. after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president. " IV. The congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States. " V. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of president, neither shall any person be eligi- ble to that office who shall not have attained to the age of 35 years, and been fourteen years a resident within the United States. " VI. In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president, and the congress may by law provide for the case of re- moval, death, resignation, or inability, both of the president and vice-president, declaring what officer shall then act as president, and such officer shall act accordingly, until the disability be removed, or a president shall be elected. " VII. The president shall, at stated times, re- ceive for his services a compensation, which shall neither be increased or diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. " VIII. Before he enter on the execution of his office, he shall take the following oath or affirmation : 'I do solemnly swear (or affirm) that I will faithfully execute the office of president of the United States, and will, to the best of my ability, preserve, protect, and defend the constitution of the United States.' Section 2. " I. The president shall be commander-in-chief of the army and nafy of the United States, and of the militia of the several states, when called into the actual service of the United States ; he may re- quire the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respeciive offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. " II. He shall have power, by and with the ad- vice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But the congress may by law vest the appointment of such inferior officers as they think proper in the president alone, in the courts of law, or in the heads of departments. " III. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions, which shall expire at the end of their next session. Section 3. " He shall, from time to time, give to the con- gress information of th<* state of the union, and re- commend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. Section 4. " The president, vice-president, and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. Section I. " The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Section 2. " I. The judicial power shall extend to all cases, in law and equity, arising under this constitution, the laws of the United States and treaties made, or which shall be made, under their authority ; to all cases affecting ambassadors, other public ministers and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more states, between a state and citizens of another state, between citizens of different states, between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. " II. In ail cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such ex- ceptions, and under such regulations, as the con- gress shall make. " III. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trials shall be held in the state where the said crime shall have been committed; but when not committed within any state, the trial shall be at such place, or places as the congress may by law have directed. Section 3. " I. Treason against the United States shall con- sist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. " II. The congress shall have power to declare the punishment of treason, but no attainder of trea- son shall work corruption of blood, or forfeiture, ex- cept during the life of the person attainted. ARTICLE IV. Section 1. " Full faith and credit shall be given ia each state to the public acts, records, and judicial pro- ceedings of every other state. And the congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Section 2. " I. The citizens of each state shall be entitled to all the privileges and immunities of citizens in the several slates. UNITED STATES. 1083 "II. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand ol the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. " III. No person held to service or labour in one state, under the laws thereof, escaping into another, shall in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due. Section 3. " I. New states may be admitted by the congress into this union, but no new state shall be formed or erected within the jurisdiction of any other state ; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislatures of the states concerned, as well as of the congress. " II. The congress shall have power to dispose of and make all needful rules and regulations respect- ing the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. Section 4. " The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion ; and on application of the legislature, or of the exe- cutive (when the legislature cannot be convened) against domestic violence. ARTICLE V, " The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amend- ments to this constitution, or, on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ra- tified by the legislatures of three-fourths of the se- veral states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress: provided, that no amendment which may be made prior to ;he year 1808, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate. ARTICLE VI. " I. All debts contracted, and engagements en- tered into, before the adoption of this constitution, shall be as valid against the United States under this constitution, as under the confederation. " II. This constitution and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the su- preme law of the land ; and the judges in every state shall be bound thereby, any thing in tfce constitu- tion or laws of any state to the contrary notwith- standing. " III. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound by oath or affirmation, k> support this constitution ; but no religious test shall ever be required, as a qualification to any office or public trust under the United States. ARTICLE VII. " The ratification of the conventions of nine states, shall be sufficient for the establishment of this con- stitution between the states so ratifying the same. " Done in Convention by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord 1787, and of the Independence of the United States of America, the twelfth. In witness whereof, we have hereunto subscribed our names. " The constitution, although formed in 1787, was not adopted until 1789. The number of delegates chosen to this convention was 65, of whom ten did not attend, and sixteen refused to sign the consti- tution. The following 39 signed the constitution : " New Hampshire. John Langdon, Nicholas Gelman. " Massachusetts. Nathaniel Gorham,RufusKing. " Connecticut. William Samuel Johnson, Roger Sherman. " New York. Alexander Hamilton. " New Jersey. William Livingston, David Brearley, William Paterson, Jonathan Dayton. "Pennsylvania. Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsinaons, Jared Ingersoll, James Wilson, Gou- verneur Morris. " Delaware. George Read, Gunning Bedford, jun., John Dick-inson, Richard Bassett, Jacob Broom. " Maryland. James McHenry, Daniel of St. Thomas Jenifer, Daniel Carroll. " Virginia. John Blair, James Madison, jun. " North Carolina. William Blount, Richard Dobbs Spaight, Hugh Williamson. " South Carolina. John Rutledge, Charles C. Pinkney, Charles Pinkney, Pierce Butler. " Georgia. William Few, Abraham Baldwin. " GEORGE WASHINGTON, President. '' WILLIAM JACKSON, Secretary." AMENDMENTS. The following articles in addition to, and amendment of, the Constitution of the United States, having been ratified by the leyislatures of nine states, are equally obligatory with the constitution itself : ARTICLE I. " After the first enumeration required by the first article of the constitution, there shall be one repre- sentative for every 30,000, until the number shall amount to 100, after which the proportion shall be so regulated by congress, that there shall be not less than 100 representatives, nor less than one repre- sentative for every 40,000 persons, until the num- ber of representatives shall amount to 200, after which the proportion shall be so regulated by con- gress, that there shall not be less than 200 repre- sentatives, nor more than one representative for every 50,000 persons. ARTICLE II. ;< No law varying the compensation for the ser- vices of the senators and representatives shall take effect, until an election of representatives shall have intervened. ARTICLE III. " Congress shall make no law respecting an es- tablishment of religion, or prohibiting the free ex- 1084 THE HISTORY OF AMERICA. ercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE IV. " A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. ARTICLE V. " No soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. ARTICLE VI. " The right of the people to be secure in their persons, houses, papers and effects, against unrea- sonable searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing tne place to be searched, and the persons or things to be seized. ARTICLE VII. " No person shall be held to answer for a capital, or otherwise infamous crime, unless on a present- ment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service in time of war or public danger ; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb ; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life liberty or property, without due process of law; nor shall private property be taken for public use without just compensation. ARTICLE VIII. " In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the witnesses against him ; to hare compulsory process for obtaining witnesses in his favour, and to have the assistance of counsel for his defence. ARTICLE IX. " In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. ARTICLE X. " Excessive bail shall not be required, nor ex- cessive fines imposed, nor cruel and unusual pu- nishments inflicted. ARTICLE XI. " The enumeration in the constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE XII. " The powers not delegated to the United States "by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. ARTICLE XIII. " The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state. ARTICLE XIV. 11 The electors shall meet in their respective states, and vote by ballot, for president and vice-president, one of whom at least, shall not be an inhabitant of the same state with thetnselves ; they shall name, in their ballots, the person voted for as president, and in distinct ballots, the person voted for as vice-pre- sident, and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for president, shall be the president, if such number be a majority of the whole number of elec- tors appointed ; and if no person have such a ma- jority, then from the persons having the highest numbers, not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of repre- sentatives shall not choose a president whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice- president shall act as president, as in the case of the death or other constitutional disability of the president. " The person having tire greatest number of votes as vice-president, shall be the vice-president, if such number be a majority of the whole number of elec- tors appointed ; and if no person have a majority, then, from the two highest numbers on the list, the senate shall choose the vice-president a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. " But no person constitutionally ineligible to the office of president, shall be eligible to that of vice- president of the United States. ARTICLE XV. " If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour ; or shall without the consent of congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them or either of them." It was not without a struggle that the new con- stitution was adopted. Eleven of the states were, however, early in the year 1789, brought to decide in favour of its ratification. Rhode Island, who had refused to send members to the convention in which it was framed, now refused to accept it. The first president under the new constitution, was Washington. His grateful countrymen were unanimous in bestowing upon him this high office. The first vice-president was that profound and honest statesman, John Adams. UNITED STATES. 1085 Geographical Nutic.es of the Country at this Period. Population. Maine 96.540 New Hampshire 141,885 Vermont 85,589 Massachusetts. . 373,324 Rhode Island.. Connecticut.. New York New Jersey.... Pennsylvania Delaware Population. Virginia 442,117 Kentucky 61,133 Tennessee 77,262 North Carolina 288,204 South Carolina 140,178 Georgia 2,886 Territory south of the Ohio.. 31,913 Territory north- west of Ohio 15,000 64,470 232,374 314,142 169,954 424,099 46,310 Maryland 319,649 The principal towns had now become so nume- rous, that the reader is referred to the geographies of the present time, for their names and location. The principal exports from the New England states were provisions, lumber, and pot and pearl ashes. Wheat was the staple commodity of the middle states ; and Indian corn, tobacco, rice, and cotton, were exported from the southern states. The whole amount of exports from the United States in the year 1789, amounted to 16,000,000 dollars. In commerce and manufactures ; the chief ma- nufactories were those of iron, leather, skins and paper, which were extensively established in various parts of the United States. Woollen cloths were also manufactured in some of the states ; and com- merce to a considerable extent was carried on with Europe, and the East and West Indies. The societies formed about this time were the following : (1779.) Massachusetts Charitable Society was in- corporated. (1780.) The American Society of Arts and Sci- ences was incorporated. (1783.) The Society of Cincinnati instituted. (1784.) The Boston Episcopal Charitable Society incorporated. (1785.) The Agricultural Society of Philadelphia, the Humane Society of Massachusetts, and the Association of Manufacturers and Tradesmen in Boston, were formed. (1786.) The Connecticut Society of Arts was in- stituted. The Scotch Charitable Society, and the Massachusetts Congregational Charitable Society incorporated. (1788.) The Moravian Society for thePropagation of the Gospel among the Heathen, was incorporated by the government of Pennsylvania. The following is a Catalogue of Eminent Men who died during the period extending from 1776 to 1789. (1776.) Cadwallader Golden, an eminent physi- cian, botanist, and astronomer, author of a " His- tory of the Five Nations of Indians." (1777.) John Bartram, a celebrated botanist, who published a " Description of East Florida," and observations on the inhabitants, climate, soil, &c., ade in his travels from Pennsylvania to Onondego. (1778 ) Butler Gwinett, one' of the signers of the declaration of independence. Nicholas Biddle, captain in the navy of the United States. Philip Livingston, one of the signers of the de- claration of independence. (1779.) Francis Bernard, governor of Massachu- setts. Thomas Lynch, jun., one of the signers of the declaration of independence. John Winthrop, LL D., F.R.S., a distinguished philosopher, aud astronomer. (1780.) Thomas Hutchinson, governor of Mas- sachusetts, author of a " History of Massachusetts." (1781.) Richard Stockton, one of the signers of the declaration of independence. (1782.) Charles Lee, major-general in the Ame- rican army. Robert Monckton, governor of New York. (1783.) Samuel Cooper, D.D., an eminent divine. James Otis, a distinguished patriot and statesman, author of a " Dissertation on Letters, " and the " Power of Harmony in poetic and prosaic composition." (1784.) Anthony Benezet, a distinguished phi- lanthropist. (1785.) Jonathan Trumbull, a distinguished pa- triot, and governor of Connecticut. William Whipple, one of the signers of the decla- ration of independence. (1786.) Nathaniel Greene, a major-general in the American army. (1787.) Charles Chauncey, D.D., a divine emi- nent for his learning and piety publications nume- rous, chiefly theological. Thomas Gage, the last governor appointed by the king. (1788.) Thomas Gushing, LL.D., a distinguished patriot. Washington elected president Hamilton's report on the public debts Bill for duty on distilled spirits A national bank established' Vermont admitted into the Union. The 4th of March, 1789, was the day upon which the new government was to commence its operations. But from necessary delays, the inauguration of the president did not take pla'ce until the 30th of April. Washington, since his resignation, had busied himself in the peaceable and respectable pursuits of agriculture ; and he was upon his farm, when the official intelligence of his appointment to be the head of the nation was announced to him. Wash- ington signified his willingness to comply. He proceeded without delay to New York, where con- gress first convened. In his progress he was met by numerous bodies of the people, who hailed him as the father of his country, and triumphal arches were erected to commemorate his achievements. He approached New York by sea, attended by a deputation from congress : he was received by the governor, as he landed, amidst the firing of artillery and the acclamations of the people. The ceremony of his inauguration was witnessed with inexpressible joy, by a great multitude of spectators. The novelty and the importance of the transaction, the benign dignity of Washington's character and manners, the remembrance of the sufferings by which America had won the right to govern herself, and which with a father's anxious solicitude he had shared; all conspired to make the pageant inexpressibly solemn and affecting. In an address to both houses of congress, he modestly declared his incapacity for " the mighty and untried cares before him," and offered his "fervent supplica- tions to that Almighty Being, whose providential aid can supply every human defect, that his benediction would consecrate to the liberties and happiness of the people of the United States, a government in- stituted by themselves for essential purposes ; and would enable every instrument employed in its ad- ministration, to execute with success the functions allotted to his charge." He remarked, that " the foundation of our national policy should be laid in the pure principles of private morality ; and that no truth was more thoroughly established, than that 108G THE HISTORY OF AMERICA. there exists an indissoluble union between virtue and happiness ; between duty and advantage ; be- tween the genuine maxims of an honest and mag- nanimous people, and the solid rewards of public prosperity and felicity." An attention to these con- siderations, he enforced by the weighty reasons, " that the success of the republican form of govern- ment is justly considered as deeply, perhaps finally staked on the experiment entrusted to the American people ; and that the propitious smiles of Heaven could never be expected on a nation that disregarded the eternal rules oforder and right, which Heaven itself had ordained." The several departments of government were next to be arranged and filled. Mr. Jefferson was made secretary of state ; Colonel Hamilton secre- tary of the treasury ; General Knox secretary of war; Edmund Randolph attorney-general, and John Jay first judge of the supreme judiciary. Congress made it their first object to establish a revenue sufficient for the support of government, and for the discharge of the debt contracted during the revolutionary war. For this purpose, they laid duties on the importation of merchandise, and on the tonnage of vessels ; thus drawing into the public treasury funds which had before been collected and appropriated by individual states. During this session of congress, a proposition was made to amend the constitution. Congress, after a long and animated discussion of the subject, agreed upon twelve new articles. These were submitted to the respective state legislatures ; and being ap- proved by three-fourths of these bodies, they became a part of the constitution. On the 29th of September, the first session of con- gress closed ; the secretary of the treasury being previously directed to prepare a plan for providing for the adequate support of the public credit, and to report the same at the next meeting of congress. After the adjournment of congress, the president made a tour through New England, where he was received by the inhabitants with demonstrations of the most filial affection. They crowded around him. They vied with each other in the display of hospi- table attentions. Parents brought their children, that they might view in him the living model of ex- cellence, and that they might have in after-life, the satisfaction of reflecting that they had, with their own eyes, beheld the man whom the history of their country ranked as the first of her citizens. The second session of the first congress began the 6th of January, 1790. At this session, Mr. Hamil- ton made his celebrated report with respect to the discharge of public debts contracted during the war of the revolution. With regard to the foreign debt, he remarked that no difference of opinion existed; all agreed that provision should be made for its dis- charge according to the terms of the contract ; but with respect to the domestic debt, opinions were entirely opposite ; some advocating a discrimina- tion between the present holders of public securities, and those to whom the debt was originally due. This subject opened a field of debate, which shook the government to its foundation, and may fairly be said to be the origin of that division of sentiment and feeling, which agitated so long and so violently the national councils, and which gave rise to the two great political parties, which, under the names of federalists and republicans, for 30 years arrayed one part of the American community against the other. The question was, shall the present holders of public securities, who have given but two or three shillings on the pound, receive the full value of what appears on the face of the obligations, or only the amount which they gave ? After much de- bate, Mr. Madison proposed that the present holder of assignable paper should receive the highest price such paper had borne in market, and the original holder receive the residue. These propositions were finally rejected. During the war, the states had frequently exerted their resources under their own authority, independ- ent of congress. Some had funded their debts; some had paid the interest, and some had done neither. All looked forward to the new congress to assume their debts. Mr. Hamilton recommended this assumption of the state debts ; and also, that provision should be made for paying the interest, by imposing taxes on certain articles of luxury, and on spirits distilled within the country. These recom- mendations again opened a torrent of debate in con- gress. The republican party, who existed chiefly in the southern states, possessing an ardent attach- ment to the equal rights of man, warmly opposed Mr. Hamilton. They remembered him when a member of the convention, as being suspected of monarchical views. They feared that the assumption of these debts would render the government stronger, as its creditors would support it from interest, and that it would have a tendency to destroy the state governments. The federal party, existing princi- pally in the northern states, supported with great ability the plans of the secretary; but they were re- jected by a majority of two. Disputes had taken place with respect to the tem- porary, as well as the permanent seat of govern- ment. It was understood that should it be fixed for ten years at Philadelphia, and afterwards at a place to be selected on the Potomac ; and that some of the members of the house of representatives, from the Potomac, would withdraw their opposition to Mr. Hamilton. This was accordingly done, and his plans were adopted. The debt funded amounted to a little more than 75,000.000 of dollars, upon a part of which an in- terest of three per cent, was paid, and on the re- mainder six per cent. In May 1790, Rhode Island acceded to the new constitution. Soon after the commencement of the third session of congress a bill was introduced for laying the taxes which the secretary had proposed for the payment of the interest on the assumed debt of the states. That for laying duties on distilled spirits was urged on the ground that the inhabitants beyond the Alleghany mountains, where no other spirits were consumed, would not otherwise bear an equal burden with those on the sea-coast, who consumed most of the articles on which an import duty was laid. The bill after much debate was carried. In 1790 a termination was put to the war, which had for several years raged between the Creek In- dians and the state of Georgia. During the third session of congress, an act was passed accepting the cession of the claims of North Carolina to a district west of that state, and a ter- ritorial government was established by congress under the title of " The Territory of the United States south of the Ohio." This year the states of Pennsylvania and North Carolina established their present constitution. This year also Kentucky was erected into an in- dependent state, receiving its name from its prin- cipal river. UNITED STATES. 1087 A national bank was during this session recom- mended by the secretary. It met with a violent op- position from the republican party. They consi- dered all banking institutions as useless, the pre- sent bill defective, and the power of establishing a bank not granted to congress. The supporters of the bill considered it as constitutional; and a na- tional bank not only useful, but necessary for the operations of government. The president required the opinions of the cabinet in writing. Mr. Jeffer- son and Mr. Randolph opposed, while Mr. Hamilton sanctioned the bill. After deliberate investigation, the president was convinced of its constitutionality and utility, and gave it his signature. In 1791 Vermont adopted the federal constitution, and applied to congress to be admitted into the union. New Hampshire and New York had both laid claim to the territory of this state, and both had made grants of land within its limits. In 1777 the inha- bitants refusing to submit to either, declared them- selves independent. At the request of her citizens, Vermont was this year admitted a member of the union. In 1791 the first census, or enumeration of the inhabitants of the United States, was completed. They amounted to 3,921,326. The revenue amounted to 4,771,000 dollars, the exports to 19,000,000, and the imports to about 20,000,000. In October the second congress commenced its first session. One of its first acts was that of appor- tioning the number of representatives according to the census. After much disagreement a bill passed fixing the ratio at one for every 33,000. Indian war in Ohio Harmer defeated Also St. Clair Proclamation of Neutrality Randolph sue* ceeds Jefferson as secretary of state. While congress was agitated by party strife, and conflicting interests, an Indian war was opening in the north-western frontiers of the states. Pacific arrangements had been attempted by the president with the hostile tribes in Ohio, but without effect. On their failure General Harmer was sent with a force amounting to 1400 to reduce them to terms. He was successful in destroying their villages, and the produce of their fields ; but in an engagement near Chilocothe he was defeated with considerable loss. Upon the failure of General Harmer, Major- general St. Clair was appointed to succeed him. He hastened to protect with his army the unfortunate inhabitants who were now left without defence, to suffer all the midnight horrors of Indian warfare. With a force amounting to nearly 2000 men, St. Clair marched into the wilderness in the month of October. On the 3rd of November he encamped within a few miles of the Miami villages, with his army, which was reduced by desertion and detach- ment to 1400. Here he intended to remain until reinforced. Notwithstanding the many melancholy examples of similar disasters in the armies of his country, St. Clair suffered himself to be surprised. The militia who were posted in front, were driven in great disorder upon the regulars. In rain did St. Clair attempt to rally the flying militia and re- pulse the savages. They appeared on all sides oi the American army, and poured in such a deadly fire from the surrounding thickets, as strewed the field with the wounded, the dying and the dead. After a contest of three hours, General St. Clair, disabled by indisposition from the active duties oi commander, ordered a retreat, which was effected, and the remnant of his army saved from total ruin The victorious Indians pursued closely about four miles, when they returned to share the spoils of the camp. General St. Clair retreated to fort Jefferson and afterwards to fort Washington. In this dis- astrous engagement, the numbers on each side were nearly equal. The loss of the Indians is not known ; but that of the Americans was 630 killed and miss- ng, and 260 were wounded ; a slaughter almost un- paralleled. The whole American camp and artillery "ell into the hands of the enemy. On receiving information of this disaster, con- gress resolved to prosecute the war with increased vigour, to augment the army by enlistment, and to put the frontiers in a state of defence. In pursuance of the resolutions of congress, Wash- ington endeavoured to put on foot an army sufficient for a vigorous prosecution of the war wi'th the In- dians ; but the defeats of Harmer and St. Clair pro- duced such a dread of the Indians, that a sufficient number of recruits could not be raised to authorize an expedition against them. There was a violent clamour against the war; and the president deemed t advisable to make another effort at negotiation with the unfriendly Indians. The charge of this business was committed to Colonel Harden and Major Freeman, who were both murdered by the savages. Kentucky was this year admitted to the union. Soon after the opening of the next session of congress, a motion was made to reduce the military establishment, but it did not prevail. In 1 792, a mint was established by congress, and the division and value of the money to be used throughout the country, regulated by statute. General Washington was again elected president, and in March 1793, was inaugurated. Mr. Adams was also re-elected vice-president. The president, intent on terminating the war with the Indians, had obtained the intervention of the Six Nations. Through their friendly agency, a treaty of peace had been negotiated with the Indians on the Wabash ; and the Miamis had consented to a conference the ensuing spring. About this time the French revolution, which had commenced in 1789, began seriously to affect the politics of the United States. A new government was at first established in France, which had for its fundamental principle, the universal equality of man. Hopes were entertained, that France would now enjoy the blessings of a free government; but the leaders of the revolution were selfish and un- principled men, and their sanguinary measures soon blasted these hopes. Louis XVI. was executed, his family murdered or imprisoned, and all who were suspected as being hostile to their views, particularly the nobility, suffered decapitation by the guillotine. The parties which had agitated the union were now raging with increased violence. The demo- cratic or republican party beheld with pleasure tho downfal of kings, and the dissemination of what they regarded as their own peculiar principles ; and though they contemplated with horror the proceedings of those sanguinary leaders, Marat and Robespierre, they trusted that when the first commotions were assuaged, a republic of the most perfect kind would be established, and would remain as a proof to the world of the compatibility of good order with li- berty. The federalists, regarding their country as connected with Britain by identity of origin, and the various ties of commercial interest, by resem- blance of institutions by similarity of language, of literature and of religion, shocked with the crimes 1088 THE HISTORY OF AMERICA. of the French rulers, and alarmed at the system of disorganization which they had introduced, became more inveterate in their animosity to the democratic or republican party, whom they charged with foster- ing this spirit. Their public prints teemed with the most terrific visions of the future condition of the country, should the republican party gain the ascendancy. Law, religion, and good order, they foretold, would all be subverted ; the churches sa- crilegiously demolished, and the written word of God committed to the flames. The republican prints retorted with equal asperity, charging their political opponents with hostility to the republican institu- tions of their country, ad with mean subserviency to the policy of Great Britain. In April, 1793, information was received of the declaration of war by France against Great Britain and Holland. Washington was an American, and he did not choose to involve his country in the con- tests of Europe. He accordingly, with the unani- mous advice of his cabinet, consisting of Messrs. Jefferson, Hamilton, Knox, and Randolph, issued a proclamation of neutrality. This measure contri- buted in a great degree to the prosperity of Ame- rica. Its adoption was the more honourable to the president, as the general sympathy was in favour of the sister republic, against whom it was said Great Britain had commenced a war for the sole purpose of imposing upon her a monarchical form of govern- ment : but he preferred the welfare of his country to the popular applause. M. Gerard, the French minister, who had been appointed by the king, was about this time recalled, and in April, Mr. Genet, who was appointed by the republic, arrived at Charlestown, South Carolina. The flattering reception he met with, induced him to believe that he could easily persuade the Ameri- can people to embark in the cause of France, what- ever might be the determination of government. This opinion of his was followed by the presump- tuous procedure of fitting out privateers from the port of Charlestown, to cruise against the vessels of the enemies of France, nations, however, at peace with the United States. Notwithstanding these illegal assumptions of power, he was welcomed at Philadelphia by the most extravagant marks of joy. Mr. Hammond, the British minister, complained of these proceedings. The cabinet unanimously disapproved of them, and determined to enforce the laws against those citizens who had committed the offence. Genet accused the executive of acting in opposition to the wishes of the people, and even threatened an appeal from the government to the people. This threat turned many against him, who had before been his advocates When congress met in December, the proclamation of neutrality was approved, as well as the conduct of the administration towards Mr. Genet. France at the request of the president, annulled his powers and he was succeeded by Mr. Fauchet. On the 1st of January, 1794, Mr. Jefferson re signed his office of secretary of state, and was sue ceeded by Mr. Randolph. The office of attorney general was filled by Mr. William Bradford Insurrection in Pennsylvania Wayne defeats th< Indians Jay's treaty Treaty with Algiers Will Spain Mr. Monroe sent to France And recalled Washington' s farewell address to the people. An insurrection of the western counties of Penn sylvania took place about this time. Great dissatis faction had arisen from the laws of congress layin uties on distilled spirits. A sheriff was killed in be execution of his duty. A meeting of the mal- ontents was held at Pittsburg, correspondencies were established among them, and an armed force, alculated to amount to 7000 men, was organized. General Washington,after having vainly attempted >ersuasive measures, found himself compelled to re- ort to force. An army of 15,000 men was raised, nd placed under the command of General (formerly Colonel) Lee. This powerful force had the intended ffect, inspiring such salutary terror that no op- >osition was attempted. Sixteen of the most active eaders were seized, tried, and convicted of treason, iut afterwards pardoned. At this session of congress an act was passed to aise a naval force, consisting of six frigates, for the mrpose of protecting the American commerce against Algftrine corsairs. Eleven merchant ves- els, and upwards of 100 citizens, had been captured y these corsairs, and further preparations, it was understood, were making for a renewed attack upon he unprotected commerce of the United States. A war with Great Britain was at this time appre- lended. Since the peace of 1783, mutual complaints were made by the United States and Great Britain, or violating the stipulations contained in the treaty. The former were accused of preventing the loyalists 'rom regaining possession of their estates, and Bri- ,ish subjects from recovering debts contracted before .he commencement of hostilities. The Americans complained, that certain military posts situated in he western wilderness, within the limits of the United States, were still retained, that the Indians were incited to make incursions upon the frontier settlements, and that injurious commercial restric- ;ions had been imposed. By these restrictions, American vessels trading to the ports of France might be seized by English cruisers, carried into England, and there condemned. A bill passed, aying an embargo for 30 days, one for erecting fortifications, one for raising a provincial army, and another for organizing the militia. To avert, how- ever, if possible, the calamity of another war, Mr. Jay was sent to England for the purpose of nego- tiating with the British government. The Indians still continuing hostile, .General Wayne had been appointed to succeed General St. Clair. Wayne having in vain attempted to nego- tiate with the savages, marched against them, at the head of 3000 men, and a battle was fought near the Miami of the Lakes. The Indians were totally routed, a vast number killed, and their whole coun- try laid waste. This decisive victory disposed them to peace, and had a salutary effect on all the tribes north-west of the Ohio, as well as upon the Six Nations. January 1st, Mr. Hamilton resigned his office of secretary of treasury, and was succeeded by Oliver Wolcott from Connecticut. At the close of this session, General Knox also resigned his office of secretary of war, and was succeeded by Timothy Pickering. In the spring of 1795 Mr. Jay having negotiated a treaty with Great Britain, returned to America. This treaty having been laid before the senate, was, after considerable debate, ratified by that body. This treaty provided that the posts which the British had retained should be given up to the Americans, and compensation made for illegal captures, and that the American government should pay to the British 600,000 pounds in trust for the subjects of Great Britain to whom American citizens were indebted UNITED STATES. 1089 But it did not piohibit the right of searching mer- chant vessels claimed by the British; and was thus an abandonment of the favourite principle of the Americans, that " free ships make free trade." Meantime, while the senate were debating the sub- ject with closed doors, a member had given an incor- rect copy of it to a printer. It was circulated with rapidity, and produced much irritation. The presi- dent received addresses from every part of the union, praying him to withhold his signature ; but Wash- ington believing the treaty to be the best which, under existing circumstances, could be obtained, signed it in defiance of popular clamour: at the next session of congress an attempt was made by the republican party to hinder the treaty from going into effect, by refusing to vote for the necessary supplies of money. After a long debate, in which several members, particularly Fisher Ames of Mas- sachusetts, displayed much eloquence, and the parties generally much heat and irritation, the appropria- tion was carried by a majority of three, and the treaty went into effect. The republican party, al- though in general confiding in their beloved presi- dent, considered that his sanction to this instrument was a proof that his judgment partook in some small degree of human fallibility. They believed the peace which it purchased, while the odious right of search was granted to England, would be short-lived and inglorious. Washington probably thought it was better than war, and that should war ultimately arise from the insulting and injurious exercise of that power, it were better deferred until the state had gained the strength and vigour of a few more years* consolidation. A treaty was also made this season with Algiers, the commerce of the Mediterranean was opened, and the American captives were restored. A treaty was also concluded with the Indians in the west ; thus securing the frontiers from savage invasion. A treaty with Spain soon after followed. Spain had endeavoured to cause the western boundary of the new republic to be fixed 300 miles east of the Mississippi. She denied the inhabitants beyond the Alleghany mountains access to the ocean through that river, the mouth of which was in her province of Louisiana. To adjust these differences, Thomas Pinkney was appointed envoy-extraordinary to the court of Madrid. In October a treaty was signed, allowing the claims of the republic, as to the west- ern boundary ; securing to the United States the free navigation of the Mississippi to the ocean, and the privilege of landing and depositing cargoes at New Orleans. In 1796 Tennessee was admitted to the union. The treaties of the last year met with no opposi- tion in congress. The conduct of France still con- tinued to be a source of disquiet to the American republic. Mr. Fauchet, ardently attached to his nation, and believing himself supported by a nu- merous party in America, gradually assumed an authoritative manner. He accused the administra- tion of partiality to their former foes, enmity to their friends, and cold indifference to the cause of liberty. Mr. Morris, who had been sent minister to France, failing to secure the confidence of those in power, was at their request recalled. Mr. Monroe suc- ceeded him. This gentleman possessed the ardour for liberty and the rights of man common to the re- publican party ; and, with them, hoped that the French revolution would eventually lead to the es- tablishment of a free government, in the room of the HIST. OF AMEK Nos. 137 & 138, ancient despotism of that country. He was received in the most flattering manner by the convention, who decreed that the flags of the two republics, entwined, should be suspended in the legislative hall as a symbol of their friendship and union. Mr. Adet soon after succeeded Mr. Fauchet, and brought with him the colours of France, which with much ceremony were deposited with those archives of the United States, which are at oiice the memo- rials of their freedom and independence, and an honourable testimony of the existing sympathies and affections of the sister republics. Notwithstanding the professions of friendship be- tween the governments, France still wished to in- volve America in her European wars ; but finding her maintaining a steady system of neutrality, she adopted measures highly injurious to American com- merce. Her cruisers were allowed in certain cases to capture vessels of the United States, and while prosecuting a lawful trade, many hundreds were taken and confiscated. Mr. Monroe, at this time, was suspected by the president of not asserting and vindicating the rights of the nation with proper energy. These suspicions were attributed by the republican party to the false insinuations of his political opponents. The pre- sident however recalled him, and appointed Charles C. Pinkney, of South Carolina,' in his stead. As the period for a new election of the president of the United States approached, General Wash- ington determined to retire into private life. And he published the following farewell address on this interesting occasion. " FRIENDS AND FELLOW-CITIZENS, " The period for a new election of a citizen to administer the executive government of the United States, being not far distant, and the time actually arrived, when your thoughts must be employed in designating the person who is to be clothed with that important trust, it appears to me proper, especi- ally as it may conduce to a more distinct expression of the public voice, that I should now apprise you of the resolution I have formed, to decline being considered among the number of those out of whom a choice is to be made. " I beg you, at the same time, to do me the justice to be assured, that this resolution has not been taken without a strict regard to all the considerations ap- pertaining to the relation which binds a dutiful citi- zen to his country ; and that, in withdrawing the tender of service, which silence, in my situation might imply, I am influenced by no diminution of zeal for your future : nterest; no deficiency of grate- ful respect for your past kindness ; but am sup- ported by a full conviction that the step is compatible with both. " The acceptance of, and continuance hitherto in the office to which your suffrages have twice called me, have been a uniform sacrifice of inclination to the opinion of duty, and to a deference for what ap- peared to be your desire. I constantly hoped that it would have been much earlier in my power, con- sistently with motives which 1 was not at liberty to disregard, to return to that retirement from which I had been reluctantly drawn. The strength of my inclination to do this, previous to the last election, had even led to the preparation of an address to de- clare it to you; but mature reflection on the then perplexed and critical posture of our affairs with foreign nations, and the unanimous advice of per- sons entitled to my confidence, impelled me to abandon the idea. 4 T 1090 THE HISTORY OF AMERICA. " I rejoice that the state of your concerns, external as well as internal, nc longer renders the pursuit of inclination incompatible with the sentiment of duty or propriety; and am persuaded, whatever partiality may be retained for my services, that in the present circumstances of our country, you will not disap- prove my determination to retire. " The impressions with which I first undertook the arduous trust, were explained on the proper occasion. In the discharge of this trust, I will only say, that I have with good intentions contributed towards the organization and administration of the government, the best exertions of which a very fal- lible judgment was capable. Not unconscious in the outset, of the inferiority of my qualifications, experience in my own eyes, perhaps still more in the eyes of others, has strengthened the motives to diffidence of myself; and every day the increasing weight of years admonishes me more and more, that the shade of retirement is as necessary to me as it will be welcome. Satisfied that if any circumstances have given peculiar value to my services, they were temporary, I have the consolation to believe, that while choice and prudence invite me to quit the po- litical scene, patriotism does not forbid it. " In looking forward to the moment which is in- tended to terminate the career of my public life, my feelings do not permit me to suspend the deep ac- knowledgment of that debt of gratitude which I owe to my beloved country, for the many honours it has conferred upon me ; still more for the steadfast con- fidence with which it has supported me ; and for the opportunities I have thence enjoyed, of manifesting my inviolable attachment, by services faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to your praise, and as an instructive example in our annals, that, under circumstances in which the passions, agitated in every direction, were liable to mislead, amidst appearances sometimes dubious, vicissitudes of fortune, often discouraging in situations in which not unfrequently want of success has countenanced the spirit of criticism, the constancy of your support was the essential prop of the efforts, and a guarantee of the plans by which they were effected. Pro- foundly penetrated with this idea, I shall carry it with me to my grave, as a strong incitement to un- ceasing vows, that Heaven may continue to you the choicest tokens of its beneficence ; that your union and brotherly affection may be perpetual ; that the free constitution, which is the work of your hands, may be sacredly maintained ; that its administra- tion, in every department, may be stamped with wisdom and virtue ; that, in fine, the happiness of the people of these states, under the auspices of liberty, may be made complete, by so careful a preservation, and so prudent a use of this blessing, as will acquire to them the glory of recommending it to the applause, the affection, and the adoption of every nation which is yet a stranger to it. " Here, perhaps, I ought to stop : but a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger natural to that soli- citude, urge mo, on an occasion like the present, to offer to your solemn contemplation, and to re- commend to your frequent review, some sentiments which are the result of much reflection, of no in considerable observation, and which appear to me all important to the permanency of your felicity as a people. These will be afforded to you with the more freedom, as you can only see in them the dis- nterested warnings of a parting frit-nd, who can possibly have no personal motive to bias his coun- sel ; nor can I forget, as an encouragement to it, your indulgent reception of my sentiments on a for- mer and not dissimilar occasion. " Interwoven as is the love of liberty with every ligament of your hearts, no recommendation of mine is necessary to fortify or confirm the attachment. " The unity of government, which constitutes you one people, is also now dear to you. It is justly so ; for it is a main pillar in the edifice of your real in- dependence ; the support of your tranquillity at home, your peace abroad ; of your safety ; of your pros- perity ; of that very liberty which you so highly prize. But as it is easy to foresee, that from dif- ferent causes and from different quarters, much pains will be taken, many artifices employed to weaken, in your minds, the conviction of this truth ; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often, covertly and insidiously) directed, it is of infinite moment that you should properly estimate the im- mense value of your national union, to your collec- tive and individual happiness ; that you should cherish a cordial, habitual, and immoveable attach- ment to it ; accustoming yourselves to think and speak of it as of the palladium of your political safety and prosperity ; watching for its preservation with jealous anxiety; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any por- tion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts. * ; For this you have every inducement of sym- pathy and interest. Citizens by birth or choice, of a common country, that country has a right to con- centrate your affections. The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism, more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, manners, habits, and political principles. You have, in a common cause, fought and triumphed together : the independence and liberty you possess, are the work of joint councils and joint efforts, of common dangers, sufferings and successes. " But these considerations, however powerfully they address themselves to your sensibility, are greatly outweighed by those which apply more im- mediately to your interest : here every portion of our country finds the most commanding motives for carefully guarding and preserving the union of the whole. " The north, in an unrestrained intercourse with the south, protected by the equal laws of a common government, finds in the productions of the latter, great additional resources of maritime and commer- cial enterprise, and precious materials of manufac- turing industry. The south in the same intercourse, benefitting by the agency of the north, sees its agr/ culture grow, and its commerce expand. Turning partly into its own channels the seamen of che north, it finds its particular navigation invigorated : and while it contributes, in different ways, to nourish and increase the general mass of the national navi gation, it looks forward to the protection of a man" time strength, to which itself is unequally adopted The east, in like intercourse with the west, already finds, and in the progressive improvement of inte- rior communication, by land and water, w.ttl more UNITED STATES. 1091 and more find a valuable vent for the commodities which it brings from abroad, or manufactures at home. The west derives from the east supplies re- quisite to its growth and comfort ; and what is per- haps of still greater consequence, it must, of neces- sity, owe the secure enjoyment of indispensable outlets for its own productions, to the weight, in- fluence, and the future maritime strength of the Atlantic side of the union, directed by an indis- soluble community of interest as one nation. Any other tenure by which the west can hold this essen- tial advantage, whether derived from its own sepa- rate strength, or from an apostate and unnatural connexion with any foreign power, must be intrin- sically precarious. " While, then, every part of our country thus feels an immediate and particular interest in union, all the parties combined cannot fail to find, in the united mass of means and efforts, greater strength, greater resource, proportionably greater security from external danger, a less frequent interruption of their peace by foreign nations ; and what is of inestimable value, they must derive from union an exemption from those broils and wars between them- selves, which so frequently afflict neighbouring countries, not tied together by the same govern- ment ; which their own rivalships alone would be sufficient to produce, but which opposite foreign al- liances, attachments and intrigues, would stimulate and imbitter. Hence, likewise, they will avoid the necessity of those overgrown military establish- ments, which, under any form of government, are inauspicious to liberty, and which are to be re- garded as particularly hostile to republican liberty ; in this sense it is, that your union ought to be con- sidered as a main prop of your liberty, and that the love of the one ought to endear to you the preserva- tion of the other. " These considerations speak a persuasive lan- guage to every reflecting and virtuous mind, and exhibit the continuance of the union as a primary object of patriotic desire. Is there a doubt, whether a common government can embrace so large a sphere ? Let experience solve it. To listen to mere speculation in such a case were criminal. We are authorized to hope, that a proper organization of the whole, with the auxiliary agency of govern- ments for the respective subdivisions, will afford a happy issue to the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to union, affecting all parts of our country, while experience shall not have demon- strated its impracticability, there will always be reason to distrust the patriotism of those, who in any quarter may endeavour to weaken its bands. " In contemplating the causes which may disturb our union, it occurs as a matter of serious concern, that any ground should have been furnished for characterizing parties by geographical discrimina- tions; northern and southern; atlantic and west- ern : whence designing men may endeavour to ex- cite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence within particular districts is, to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealousies and heart-burnings which spring from these misrepresentations : they tend to render alien to each other those who ought to be bound together by fraternal affection. The inhabitants of our west- ern country have lately had a useful lesson on this head ; they have seen in the negotiation by the , executive, and in the unanimous ratification by the senate, of the treaty with Spain, and in the univer- sal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions propagated among them, of a policy in the general government, and in the Atlantic states, unfriendly to their interests, in regard to the Mis- sissippi : they have been witnesses to the formation of two treaties; that with Great Britain, and that with Spain, which secure to them every thing they could desire, in respect to our foreign relations to- wards confirming their prosperity. Will it not be their wisdom to rely for the preservation of these advantages on the union by which they were pro- cured? Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren, and connect them with aliens ? " To the efficacy and permanency of your union, a government for the whole is indispensable. No al- liance, however strict between the parts, can be an adequate substitute ; they must inevitably experience the infractions and interruptions which all alliances in all times have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a constitution of go- vernment better calculated than your former, for an intimate union, and for the efficacious management of your common concerns. This government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature delibe- ration, completely free in its principles, in the dis- tribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws,' acquiescence in its measures, are du- ties enjoined by the fundamental maxims of true liberty. The basis of our political systems is the right of the people to make and to alter their con- stitutions of government : but, the constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obliga- tory upon all. The very idea of the power and the right of the people to establish government, presup- poses the duty of every individual to obey the esta- blished government. " All obstructions to the execution of the laws, all combinations and associations, under whatever plau- sible character, with the real design to direct, control, counteract, or awe the regular deliberation and ac- tion of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force, to put in the place of the delegated will of the nation, the will of a party, often a small but artful and enterprising minority of the community : and, according to the alternate triumphs of different parties, to make the public administra- tion the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of con- sistent and wholesome plans, digested by common councils, and modified by mutual interests. " However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, te become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government; destroying, afterwards, the very engines which had lifted them to unjust do- minion. " Towards the preservation of your government, 4 T '2 1092 TIIF. II I. STORY OF AMERICA. and the permanency of your present happy state, it is requisite, not only that you speedily discounte- nance irregular oppositions to -its acknowledged au- thority, but also that you resibt with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms of the constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly over- thrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments, as of other human institutions ; that experience is the surest standard, by which to test the real ten- dency of the existing constitution of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion ; and remember, especially, that for the efficient ma- nagement of your common interests, in a country so extensive as ours, a government of as much vi- gour as is consistent with the perfect security of li- berty, is indispensable. Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to withstand the enterprises of faction, to con- fine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property. " I have already intimated to you the danger of parties in the state, with particular reference to the founding of them on geographical discrimi- nations. Let me now take a more comprehensive view, and warn you, in the most solemn manner, against the baneful effects of the spirit of party ge- nerally. " This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human miad. It exists under different shapes in all governments, more or less stifled, controlled, or repressed ; but in those of the pupular form it is seen in its greatest rankness, and is truly their worst enemy. " The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, "which, in different ages and countries, has perpetrated the most horrid enormi- ties, is itself a frightful despotism. But this leads, at length, to a more formal and permanent despo- tism. The disorders aud miseries which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual, and, sooner or later, the chief of some prevailing faction, more able or more fortunate than his com- petitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty. " Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the in terest and duty of a wise people to discourage and restrain it. " It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms; kindles the animosity of one part against another; foments occasionally, riot and insurrection. It opens the door to foreign influence and corrup- tion, which find a facilitated access to the govern- ment itself, through the channels of party passions. Thus the policy and the will of one country are buh- jected to the policy and will of another. There is an opinion, that parties, in free countries, are useful checks upon the administration of the government, and serve to keep alive the spirit of liberty. This, within certain limits, is probably true; and in governments of a monarchical cast, patriot- ism may look with indulgence, if not with favour upon the spirit of party. But in those of the po- pular character, in governments purely elective, it is a spirit not to be encouraged. From their natu- ral tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the ef- fort ought to be, by force of public opinion, to miti- gate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest instead of warming it should con- sume. " It is important likewise that the habits of think- ing, in a free country, should inspire caution in those intrusted with its administration, to confine them- selves within their respective constitutional spheres, avoiding, in the exercise of the powers of one de- partment, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power by dividing and distributing it into different depositories, and constituting each the guardian of the public weal, against invasions by the others, has been evinced by experiments ancient and modern: some of them in our own country, and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers, be in any particular wrong, let it be corrected by an amendment in the way which the constitution designates. But let there be no change by usurpation ; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly over- balance, in permanent evil, any partial or transient benefit which the use can at any time yield. " Of all the dispositions and habits which lead to political prosperity, religion and morality are indis- pensable supports. In vain would that man claim the tribute of patriotism, who should labour to sub- vert these great pillars of human happiness, these firmest props of the duties of men and citizens. The politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connexions with private and public felicity. Let it simply be asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in courts of justice ? And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influ- ence of refined education on minds of peculiar struc- ture, reason and experience both forbid us to expect that national moi'ality can prevail in exclusion of religious principle. " It is substantially true, that virtue or morality is a necessary spring of popular government. The rule indeed extends with more or less force to every UNITED STATES. 1093 species of free government. Who, that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric. " Promote then, as an object of primary import- ance, institutions for the general diffusion of know- ledge. In proportion as the structure of a govern- ment gives force to public opinion, it is essential that public opinion should be enlightened. " As a very important source of strength and se- curity, cherish public credit. One method of pre- serving it is to use it as sparingly as possible : avoiding occasions of expense by cultivating peace, but remembering also that timely disbursements to prepare for danger, frequently prevent much greater disoursements to repel it; avoiding, likewise, the accumulation of debt, not only by shunning occa- sions of expense, but by vigorous exertions in time of peace, to discharge the debts which unavoidable wars may have occasioned, not ungenerously throw- ing upon posterity the burthen which we ourselves ought to bear. The execution of these maxims be- longs to your representatives, but it is necessary that public opinion should co-operate. To facilitate to them the performance of their duty, it is essential that you should practically bear in mind, that, to- wards the payment of debts there must be revenue ; that to have revenue there must be taxes ; that no taxes can be devised which are not more or less in- convenient and unpleasant; that the intrinsic em- barrassment, inseparable from the selection of the proper objects (which is always a choice of difficul- ties,) ought to be a decisive motive for a candid construction of the conduct of the government in making it, and for a spirit of acquiescence in the measures for obtaining revenue which the public ex- igencies may at any time dictate. " Observe good fa'ith and justice towards all nations, cultivate peace and harmony with all; religion and morality enjoin this conduct ; and can it be that good policy does not equally enjoin it ? It will be worthy of a free, enlightened, and, at no distant period, a great nation, to give to mankind the mag- nanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that, in the course of time and things, the fruits of such a plan would richly repay any tem- porary advantages which might be lost by a steady adherence to it ? Can it be, that Providence has not connected thi permanent felicity of a nation with its virtue ? The experiment, at least, is re- commended by every sentiment which ennobles human nature. Alas ! is it rendered impossible by its vices ? " In the execution of such a plan, nothing is more essential than that permanent inveterate antipathies against particular nations, and passionate attach- ments for others should be excluded ; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another an habitual hatred, or an habitual fondness, is, in some degree, a slave. It is a slave to its animosity or to its affection, either of which is sufficient to lead it astray from its duty and its in- terest. Antipathy in one nation against another, disposes each more readily to offer insult and in- jury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence frequent collisions, obstinate, envenomed, and bloody con- tests. The nation, prompted by ill-will and resent- ment, sometimes impels to war the goternment, con- trary to the best calculations of policy. The govern- ment sometimes participates in the national propen- sity, and adopts, through passion, what reason would reject; at other times, it makes the animosity of the nation subservient to projects of hostility in- stigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations has been the victim. " So, likewise, a passionate attachment of one na- tion to another produces a variety of evils. Sym- pathy for the favourite nation, facilitating the illusion of an imaginary common interest, in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification. It leads also to concessions to the favourite nation of privileges denied to others, which is apt doubly to injure the nation making the concessions ; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld : and it gives to ambi- tious, corrupted, or deluded citizens (who devote themselves to the favourite nation) facility to betray, or sacrifice the interests of their own country, with- out odium, sometimes even with popularity ; gilding with the appearances of a virtuous sense of obliga- tion, a commendable deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption or infatuation, " As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practise the art of seduction, to mislead public opinion, to influence or awe the public councils ! Such an attachment of a small or weak, towards a great and powerful nation, dooms the former to be the satellite of the latter. " Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens), the jealousy of a free people ought to be constantly awake ; since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy, to be useful, must be impartial ; else it becomes the in- strument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation, and excessive dislike of another, cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots, who may resist the intrigues of the favourite, are liable to become suspected and odious ; while its tools and dupes usurp the applause and confidence of the peo- ple, to surrender their interests. " The great rule of conduct for us, in regard to foreign nations is, in extending our commercial re- lations, to have with them as little political connexion as possible. So far as we have already formed en- gagements, let them be fulfilled with perfect good faith. Here let us stop. " Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our con- cerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the or- dinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities. " Our detached and distant situation invites and 1094 THE HISTORY OF AMERICA. enables us to pursue a different course. If we re- main one people, under an efficient government, the period is not far off when we may defy material injury from external annoyance ; when we may take such an attitude as will cause the neutrality we may at any time resolve upon, to be scrupulously respected ; when belligerent nations, under the im- possibility of making acquisitions upon us, will not lightly hazard the giving us provocation ; when we may choose peace or war, as our interest, guided by justice, shall counsel. " Why forego the advantages of so peculiar a situation ? Why quit our own to stand upon foreign ground ? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rival- ship, interest, humour, or caprice ? " 'Tis our true policy to steer clear of permanent alliances with any portion of the foreign world ; so far, I mean, as we are now at liberty to do it ; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I repeat it, therefore, let those engagements be ob- served in their genuine sense. But, in my opinion, it is unnecessary, and would be unwise to extend them. " Taking care always to keep ourselves, by suit- able establishments on a respectable defensive pos- ture, we may safely trust to temporary alliances for extraordinary emergencies. " Harmony, and a liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand ; neither seeking nor granting exclusive favours or preferences ; con- sulting the natural course of things; diffusing and diversifying, by gentle means, the streams of com- merce, but forcing nothing; establishing, with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the government to support them, conventional rules of intercourse, the best that present circumstances and mutual opinion will permit, but temporary, and liable to be, from time to time, abandoned or varied, as experience and circumstances shall dictate ; con- stantly keeping in view, that 'tis folly in one nation to look for disinterested favours from another; that it must pay with a portion of its independence for whatever it may accept under that character; that by such acceptance it may place itself in the con- dition of having given equivalents for nominal favours, and yet of being reproached with ingrati- tude for not giving more. There can be no greater error than to expect, or calculate upon real favours from nation to nation. It is all illusion, which ex- perience must cure, which a just pride ought to discard. " In offering to you, my countrymen, these coun- sels of an old and affectionate friend, I dare not hope they will make the strong and lasting impres- sion I could wish ; that they will control the usual current of the passions, or prevent our nation from running the course which has hitherto marked the destiny of nations ; but if I may even flatter myself, that they may be productive of some partial benefit, some occasional good ; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigues, to guard against the impostures of pretended patriotism ; this hope will be a full recompense for the solicitude for your welfare by which they have been dictated. " How far, in the discharge of my official duties, I have been guided by the principles which have been delineated, the public records, and other evi- dences of my conduct, must witness to you and to the world. To myself, the assurance of my own con- science is, that I have at least believed myself to be guided by them. " In relation to the still subsisting war in Europe, my proclamation of the 22nd of April, 1793, is the index to my plan. Sanctioned by your approving voice, and by that of your representatives in both houses of congress, the spirit of that measure has continually governed me, uninfluenced by any at- tempts to deter or divert me from it. " After deliberate examination, with the aid of the best lights I could obtain, I was well satisfied that our country, under all the circumstances of the case, had a right to take, and was bound in duty and interest to take a neutral position. Having taken it, I determined, as far as should depend upon me, to maintain it with moderation, perseverance, and firmness. " The considerations which respect the right to hold this conduct, it is not necessary on this occa- sion to detail. I will only observe, that, according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all. " The duty of holding a neutral conduct may be inferred, without any thing more, from the obliga- tion which justice and humanity impose on every nation, in cases in which it is free to act, to main- tain inviolate the relations of peace and amity to- wards other nations. " The inducements of interest, for observing that conduct, will best be referred to your own reflexions and experience. With me, a predominant motive has been to endeavour to gain time to our country to settle and mature its yet recent institutions, and to progress, without interruption, to that degree of strength and consistency, which is necessary to give it, humanly speaking, the command of its own fortunes. " Though in reviewing the incidents of my admi- nistration, I am unconscious of intentional error; I am nevertheless too sensible of my defects, not lo think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope that my country will never cease to view them with indulgence ; and that, after 45 years of my life de- dicated to its service, with an upright zeal, the faults of incompetent abilities will be consigned to obli- vion, as myself must soon be to the mansions of rest. " Relying on its kindness in this as in other things, a'nd actuated by that fervent love towards it which is so natural to a man, who views in it the native soil of himself and his progenitors for several generations ; I anticipate with pleasing expectation that retreat, in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow-citizens, the benign influence of good laws under a free government the ever favourite object of my heart, and the happy reward, as I trust, of our mutual cares, labours, and dangers. " GEORGE WASHINGTON. " United States, }7th September, 1796." Mr. Adams elected president X Y Sf Z mission Capture of the L' Insurgents Death of Washington. To fill the station which Washington had so emi- nently dignified, the two great political parties pre- UNITED STATES. 1095 sented their leaders. The federalists claiming to b the sole adherents of the policy of Washington, an charging the opposite party with being under Frenc influence, and having imbibed French principles zealously endeavoured to elect John Adams. Th republicans setting themselves up as the exclusiv friends of liberty, and accusing their opponents wit undue attachment to Britain and her institutions exerted their influence for Jefferson. In February, 1797, the votes for president an vice-president were opened. Mr. Adams had th majority of suffrages for president, and Mr. Jeffer son for vice-president, for the four succeeding years Immediately on succeeding to the presidency, Mr Adams received intelligence of an open indignity or the part of the French directors towards the Unitec States. They had refused to accept Mr. Pinkney in exchange for Mr. Monroe, and declared their de termination not to receive another minister, unti the United States had complied with their demands Mr. Pinkney further communicated to the president that he had received a written mandate, directing him to quit France. Congress was immediate!) convened, and the dispatches containing this intel ligence submitted to their consideration. They passed laws, increasing the navy, augmenting the revenue, and authorizing the president to detach, a his discretion, 80,000 men from the militia. T< prevent war, however, and manifest his sincere de sire of peace, Mr. Adams appointed three envoy: extraordinary to the French republic, General Pink ney, Mr. Marshall, and Mr. Gerry. These also th< directory refused to receive ; but an indirect inter, course was held with them by the minister through the medium of unofficial persons, who were instructec by Talleyrand, the minister of foreign relations, to make them proposals. These persons demanded before any negotiation could be opened with the directory, that a considerable amount of money should be given to Talleyrand. This insulting pro- posal was indignantly rejected. It was, however, repeated, and letters were received upon the sub- ject, signed X Y & Z. Hence this has been called the X Y & Z mission. The envoys at length suc- ceeded in putting an end to such a degrading inter- course. After spending several months at Paris. Mr. Marshall and Mr. Pinkney were ordered to leave France, while Mr. Gerry was permitted to re main, and repeatedly importuned singly to enter into a negotiation. This he declined, and was soon after recalled by his government. This treatment of the envoys in- duced Mr. Adams to declare, that " he would make no further overtures, until assured that his envoys would be received in a manner suited to the dignity of a great and independent nation." These events were followed by depredations on American commerce, by the citizens of France ; which excited general indignation throughout the United States. Civil discord appeared extinct; and this was the general motto: " Millions for defence, not a cent, for tribute." The treaty of alliance with France was considered by congress as no longer in force ; and further measures were adopted by con- gress, for retaliation and defence. A regular provi- sional army was established, taxes were raised, and additional internal duties laid. General Washington, at the call of congress, left his peaceful abode, to command the armies of the United States, while General Hamilton was made second in command. The navy was increased, and reprisals were made on the water. At sea, the French frigate L'lnsur- geute, of 40 guns, was captured after a desperate action, by the frigate Constitution, of 38 guns, com- manded by Commodore Truxton. The same officer compelled another frigate of 50 guns to strike her colours; but she afterwards escaped in the night. On hearing of these vigorous preparations, the French government indirectly made overtures for a renewal of the negotiations. Mr. Adams promptly met these overtures, and appointed Oliver Ellsworth, chief justice of the United States, Patrick Henry, late governor of Virginia, and William Van Murray, minister at the Hague, envoys to Paris, for con- cluding an honourable peace. They found the di- rectory overthrown, and the government in the hands of Napoleon Buonaparte, who had not par- taken of the transactions which had embroiled the two countries. With him negotiations were opened, which terminated in an amicable adjustment of all disputes. The provisional army was soon after dis- banded by order of congress. America was now called to mourn for the death of Washington. He calmly and peacefully expired at Mount Vernon, after an illness of 24 hours. The blackened newspaper announced to the people, " the father of his country is no more !" The bells of the nation tolled forth his requiem, and one general burst of grief broke from the filial hearts of the American people. Clad in bjack, they assembled in their churches to hear his funeral praises from the orator, and from the minister of God. The poet wrote his elegy, and the choir sung the solemn and pathetic dirge. The government mourned as was be- coming, with more of the parade of grief, and with an equal share of its sincerity. The senate addressed a letter to the president, expressing in dignified, but pathetic language, their deepsense of the magnitude of their common loss, and of the resignation with which it became them to bow before the bereaving stroke of " Him who maketh darkness his pavilion." The house of representatives resolved that the speak- er's chair should be shrouded in black; that the members should be clad in the vestments of sorrow, and that a joint committee of both houses should be appointed, to devise the most proper manner of paying 'lonour to the memory of " the man first in war, first n peace, and first in the hearts of his countrymen." The committee reported a plan of funeral honours, y which Washington was mourned by the whole government, with a solemn and august pageantry. Washington died on the 14th of December, 1799, n the 68th year of his age. His history is the his- ory of his country, during the period of his public ervices. Commanding her armies, and presiding n her councils during the most interesting period of ler existence, her history can never be delineated, ut he must stand the most prominent figure on the jreground. What may be said of many of the r orthies of the revolution, may be eminently said of im. In no instance has he rendered his country a more important service, than in leaving to her fu- ure sons his great and good example. Other heroes have been praised for their love of lory. The true, distinguishing praise of Washing- on is, that he was above the love of glory. In no nstance did he rashly adventure the cause con- ded to his care, lest he should suffer in his personal eputation. To assert that in no case did he corn- it an inadvertent error, or manifest the most trifling railty, would be giving him that, praise which be- ngs not to man; but judging from the general nour of his conduct, we shall be justified in pro- ouncing, that his was the soul which was above all 1096 THE HISTORY OF AMERICA. other approbation and all other fear, but that of God. His mortal remains repose at Mount Vernon, near the scene of his domestic enjoyments. To that spot will every true son of America, in all future ages, be attracted, in mournful, filial pilgrimage; and thither from every clime, will the votary of the rights of man repair, to renew his vow of devotion, and to draw fresh inspiration in the sacred cause. Seat of government transferred to Washington Elec- tion of Jefferson and Burr Inauguration ofJeffer- sonRight of deposit at New Orleans Louisiana purchased 'Geographical and other notices. During the year 1800, the seat of government, agreeably to a law passed by congress in ] 790, was transferred from Philadelphia to the city of Wash- ington. A territory ten miles square, in which the permanent seat of government was located, had been ceded to the general government by the states of Virginia and Maryland. It was situated on both sides of the Potomac, a lew miles from Mount Ver- non. Public buildings had been erected, and in November of this year, congress for the tirst time held their session in that place. Indiana was this year constituted a state ; and Mississippi was erected into a territorial government. The time had now arrived for electing a president. It was about this period that the feuds and animo- sities of the federal and republican parties were at their greatest height. When Mr. Adams was first made the opposing candidate to Mr. Jefferson, he was by no means obnoxious to the great body of the republican party, who voted against him. They re- cognised in him a patriot of the revolution, and they liked him well, although they liked Mr. Jefferson better. It was Mr. Hamilton, not Mr. Adams, who was the chief object of party aversion ; and although a clamour was raised to serve party purposes, ac- cusing Mr. Adams of being too much in favour of the British form of government ; yet the real cause of dissatisfaction was, that he was supported by those, who they were persuaded had monarchical views. After the lapse of four years, when Mr. Adams was again to be a candidate for the presi- dency, he was opposed with far more bitterness. In some of his measures he had been unfortunate, and the vigilant spirit of party was awake to make the most of the real or supposed errors of the nomi- nal head of their opponents. In the early part of his administration the acts by which the army and navy were strengthened, and 80,000 of the militia subjected to his order, were represented by the re- publicans as proofs, that however he might have been a friend to the constitution of his country, he now either wished to subvert it, or was led blindfold into the views of those who did. The republicans scrupled the policy of a war with France, and de- nied the necessity, even in case of such a war of a great land force against an enemy totally unassail- able except by water. They believed that spirits were at work to produce this war, or to make the most of the prospect of a disturbance in order to lull the people, while they raised an army which they in- tended as the instrument of subverting the repub- lican, and establishing a monarchical government. The president was stung by the clamours of the opposition, who imputed to him intentions which he never had. Attributing the evil to French emis- saries; and moreover ascribing to too much liberty the horrible excesses of the French revolution, he gave his signature to two acts, which were con- sidered by the body of the people as dangerous to, f not subversive of, the constitutional liberty of America. One of these, called the alien law, au- horized the president to order any alien whom he should judge dangerous to the peace and liberty of .he country, to depart from the United States on lain of imprisonment. The other, called the sedi- ion law, had for its avowed object to punish the abuse of speech and of the press ; and imposed a icavy fine and imprisonment for years upon such as hould "combine or conspire together to oppose any measure of the government ;" upon such as should ' write, print, utter, publish, &c. any false, scan- dalous, and malicious writing against the govern- ment of the United States or either house of the congress of the United States, or the president, &c." Under the sedition law several persons were ac- tually imprisoned. The sympathies of the people were awakened in their behalf, and their indigna- tion was aroused against those, by whose means they were confined. These were the principal causes why Mr. Adams was at this period unpopular, and hat the federal party, as appeared by the election, aad become the minority. Immediately preceding his retirement from office, Mr. Adams appointed in pursuance of a law made by congress twelve new judges: these were called bis midnight judiciary, from the alleged fact that they were appointed at twelve o'clock on the last night of his presidential authority. From the constitution as it existed at that period, each elector voted for two men, without designating which was to be president ; and he who was found to hare the greatest number of votes was to be pre- sident, and the second on the list vice-president. An unlooked-for case now occurred. The republican electors, who had a very considerable majority over the federal, gave their votes to a man for Thomas Jefferson, and Aaron Burr, intending that Jefferson, the leader of the party, should be president, and Buir vice-president. These two men had an equal number of votes ; the election must, according to the constitution, be decided by the house of representa- tives. The federal party, defeated themselves, con- sidered that they might still defeat their opponents ; and probably believing that they might find a grate- ful friend in Colonel Burr, while they knew ihat they had nothing to expect from Mr. Jefferson, they determined if possible to raise him to the presiden- tial chair. On counting the votes in the house of representatives another singular event occurred, Mr. Jefferson and Mr. Burr had an equal number of votes. Again and again the voting went round, and the votes remained the same. The time had now nearly arrived when by the constitution the president must be elected. Other- wise the machine of government was run down, and the constitution contained no machinery by which to wind it up. News of what was passing in con- gress spread through the country, and the people became alarmed. Men armed and disguised entered the capital. Members way-laid in the dark, were accosted with a grasp of the arm and an imperative, " Give us a President." This fact has been as- serted by those who well knew the transactions of those times ; although, as it did not happen to many, it is not generally corroborated. At length after the members had voted 35 times, it was found on the 36th balloting that Mr. Jefferson had amajority of one state. This transaction must go down to posterity as a dark passage in the American history. Whether or not the republicans would have continued to vote UNITED STATES. 1097 until the constitution was destroyed rather than yield to their opponents a short-lived triumph, and take for four years as president the man themselves had selected as vice-president, can never be known ; but if such had been the fact, posterity would have had cause to execrate their memories. Had such a catastrophe ensued, still less would America have had occasion of gratitude to the other party. The republicans might allege that they voted in obedi- ence to the will of the people ; but no one pretended that any freemen in voting for an elector, or any elector in voting for Mr. Burr, expected or wished that he should be president. On the 4th of March, 1801, Mr. Jefferson was inaugurated. On his accession to office he departed from the example of his predecessors, and instead of a speech, delivered to the two houses of congress in person, he sent to them a written message, which was first read by the senate, and then transmitted to the house of representatives, The practice has been followed and sanctioned by his successors. The message of Mr. Jefferson was worthy of the writer of the declaration of independence. Tt is preserved among the most precious relics of the Americans ; and like the farewell address of Wash- ington, must serve, according as the future course of America may be, for a light to guide her in the way to happiness and glory, or to discover the shame of her degradation. The principal offices of the government were now transferred to the republican party. Mr. Madison was appointed to the department of state. A bill was passed by congress, in accordance with the recommendation of the president, reorganizing the judiciary department, by means of which the twelve judges appointed during the last days of Mr. Adams's administration, were deprived of their offices. Another bill was passed enlarging the rights of na- turalization. The present constitution of Kentucky was adopted this year. A second census of the United States was also completed; giving a population of 5,319,762, an in- crease of 1,400,000 in ten years. In the same time the exports increased from nineteen to 94,000,000, and the revenue from 4,771,000 to 12,945,000 dol- lars. This rapid advance in the career of prospe- rity, is unparalleled in the history of nations ; and it is to be attributed to the industrious habits of the people, and their excellent political institutions. During this year congress declared war against Tripoli. In 1802, Ohio was admitted as an independent state into the union. The territory of this state was originally claimed by Virginia and Connecticut, and was ceded by them to the United States, at different times after the year 1781. From this extensive and fertile tract of country slavery was entirely excluded. In 1802, the port of New Orleans was closed against the United States. The king of Spain hav- ing ceded Louisiana to the French, the Spanish intendant was commanded to make arrangements to deliver the country to the French commissioners In consequence of this order, the intendant an- nounced that the citizens of the United States should no longer be permitted to deposit their merchan- dises and effects in the port of New Orleans. By this prohibition, the western states were in dangei of suffering the ruin of their commerce, and greai agitation was excited in the public mind. In con gress, a proposition was made to take the whole country by force ; but reposing just confidence in the good faith of the government whose officers had committed the wrong, that body caused friendly and reasonable representations of the grievances sus- tained, to be made to the court of Spain, and the right of deposit was restored. Aware of the danger to which the United States would be perpetually exposed, while Louisiana re- mained in the possession of a foreign power, pro- positions had been made for procuring it by pur- chase. This was a subject of much discussion and eeling. But by a treaty concluded at Paris in 1803, Louisiana, comprising all that immense region of country extending from the Mississippi to the Pa- cific ocean, was acquired by the United States, as well as the free and exclusive navigation of the river. The sum of 15,000,000 dollars was the price of these newly acquired rights. The minority were pposed to a ratification of the treaty, contending that the sum was exorbitantly large, and that the navigation of the river could have been secured with- out such heavy pecuniary sacrifices. Mr. Jefferson and the majority of congress viewed the subject in a very different light. They considered that com- pared with the importance of the object attained, the purchase money was trifling. That the pi'ospe- rity of all the western states was dependent on the free and uninterrupted navigation of the waters of the Mississippi, and a safe depot at New Orleans ; that by this treaty the western frontier would be protected and preserved from collisions with a foreign power, and that such was the happy organization of the American government, that, it was fully adequate for the security and protection of its territories, however extensive they might be. Geographical Notices of the Country in 1803. Population. Population. Maine 150,896 New York . . 586,050 New Jersey.. 211,149 Pennsylvania 602,545 Delaware.... 64,273 Ohio 76,000 New Hampshire 183,858 Vermont 154,397 Massachusetts.. 422,630 Rhode Island.. 69,122 Connecticut.. 251,002 Indiana territory had now become settled, and the number of its inhabitants was .... 4,875 Michigan 3,206 Maryland 349,692 Virginia. . . . 534,396 whites, and 345,796 blacks Kentucky.... 220,959 138,296 Tennessee... 92,018 13,584 South Carolina 345,591 59,699 Mississippi ter- ritory 8,850 Louisiana.... 42,375 Washington, in the district of Columbia, now made the capital of the United States, contained but 4354 inhabitants. For the principal towns, see geographies of the present day. The following colleges were existing at this time : Harvard, Yale, William and Mary's, Columbia, Nassau Hall, Rhode Island-college, the University of Pennsylvania, Washington-college in Chester- town, Maryland, Dickinson-college in Carlisle, St. John's in Annapolis, Cokesbury-college, Franklin- college in Lancaster, Pa., and the Roman Catholic- college in Georgetown, University of North Caro- lina, Burlington-college, Williams-college, Union- college at Schenectady, Grenville-college at Ten- nessee, Beaufort and Winsborough-colleges in South Carolina, Bowdoin-college in the district of Maine, the Transylvania University at Lexington, and Middlebury-college. 1098 THE HISTORY OF AMERICA. The following Societies were all formed during this period. (1790.) The Connecticut Society for the Abolition of Slavery. The Middlesex Medical Society, (Mass.) (1791.) The Society for the Promotion of Agricul- ture, Arts, and Sciences, at New York. (1792.) The Massachusetts Agricultural Society. (1793.) The Marine Society of South Carolina. (1794.) The Massachusetts Historical Society, and the Boston Library Society. A Society for the Promotion of Christian Knowledge, at New York. A Medical Society in Vermont. (1796.) The New York Missionary Society. (1799.) The East India Marine Society of Salem. The Missionary Society of Massachusetts. The North Carolina Medical Society. (1801.) The Connecticut Academy of Arts and Sciences. (1802.) The Massachusetts Baptist Missionary So- ciety. (1803.) The Massachusetts Society for the Promo- tion of Christian knowledge. Catalogue of Eminent Men who died during the period extending from 1789 to 1803. (1789.) Ethan Allen, a brigadier-general in the American army. John Ledyard, an enterprising traveller. John Morgan, M.D., F.R.S., a learned physician. (1790.) Joseph Belamy, D.D., a learned divine author of a treatise entitled " True Re- ligion Delineated." James Bowdoin, LL.D., a distinguished philosopher and statesman, and first pre- sident of the American Academy of Arts and Sciences. David Br early, distinguished as a lawyer and a statesman. Benjamin Franklin, LL.D., F.R.S., a ce- lebrated philosopher and statesman. William Livingston, author of a poem called " Philosophical Solitude," " Miscella- neous pieces in prose and verse," &c. Israel Putnam, a major-general in the Ame- rican army. (1791.) Lyman Hall, one of the signers of the de- claration of independence. Francis Hopkinson, one of the signers of the declaration of independence. John Wesley, the great founder of Metho- dism. (1792.) Henry Laurens, president of congress, and a distinguished patriot. Arthur Lee, M.D., a distinguished states- man, John Paul Jones, a captain in the American navy. (1793.) John Hancock, president of congress, and a distinguished patriot. Roger Sherman, a distinguished patriot, and one of the signers of the declaration of independence. (1794.) Richard Henry Lee, president of congress. Frederic William Steuben, major-general in the army of the American revolution. John Witherspoon, D.D., LL.D., one of the signers of the declaration of inde- pendence, and president of Princeton- college. (1795.) Josiah Bartlett, M.D, one of the signers of the declaration of independence. William Bradford, attorney-general of the United States. Ezra Stiles, D.D., president of Yale-col- lege. John Sullivan, LL.D., major-general of the American army. (1796.) Samuel Huntington, one of the signers of the declaration of independence. David Rittenhouse, LL.D., F.R.S., a dis- tinguished philosopher and astronomer. Anthony Wayne, major-general in the army of the United States. (1797 ) Daniel Morgan, brigadier-general in the army of the United States. Oliver Wolcott, LL.D., one of the signers of the declaration of independence. (1798.) Jeffrey Amherst, a celebrated English ge- neral. Jeremy Belknap, D.D., eminent as a divine and historian author of a " History of New Hampshire," " American Biogra- phy," &c. George Read, one of the signers of the de- claration of independence. (1799.) Patrick Henry, a distinguished patriot and statesman. George Washington. (1800.) Thomas MinHin, major-general in the army of the United States. Edward Rutledge, one of the signers of the declaration of independence. John Rutledge, a celebrated patriot, gover- nor of South Carolina, and invested by that state with dictatorial powers. Artemas Ward, first major-general in the American army. (1801.) Benedict Arnold, in the early part of his life was distinguished for bravery, and was a major-general of the American army ; but afterwards deserted the cause of his country. Jonathan Edwards, president of Union-col- lege, Schenectady, N. Y. (1 802.) George Richards Minot, an historian of Mas- sachusetts, author of a " History of Mas- sachusetts Bay." War with Tripoli Possession taken of Derne A peace concluded General Hamilton killed in a duel Jefferson again elected president Dispute with Enyland Colonel Burr's projects His trial and acquittal. In the meantime, the semi-barbarous nations which inhabit the southern shores of the Mediterranean, had commenced depredations on the American com- merce. Tripoli, in particular, had intimated to the government that the only method of securing their commerce, was the payment of tribute. This led to a war between that power and the United States. In prosecution of this war, the United States had, during the year 1801, sent out Commodore Dale, with a squadron of two frigates and a sloop of war. By blockading the harbour of Tripoli, he prevented the piratical cruisers from leaving it, and thus af- forded protection to the American commerce. Early in the year 1803, congress, bent on more efficient operations against their barbarian enemy, sent out Commodore Preble, with a squadron of seven sail. In October, one of his ships, the frigate Philadelphia, Captain Bainbridge, was sent into the UNITED STATES. 1099 harbour of Tripoli to reconnoitre; and while in pur- suit of a small vessel, he unfortunately proceeded so far that the Philadelphia was grounded, and fell into the hands of the enemy. The officers were considered as prisoners, and the crew treated as slaves. As soon as the news of the capture of the Phila- delphia reached the squadron, Stephen Decatur, who held a lieutenancy under Commodore Preble, con- ceived the design of recapturing or destroying it. Having obtained the consent of the commodore, he armed a small ketch, the Intrepid, and sailed from Syracuse, February 1804, with seventy men. He entered the harbour of Tripoli undiscovered, and ad- vancing boMly, took a station along-side of the frigate, which was moored within gun-shot of the bashaw's castle and of the principal battery. Two of the enemy's cruisers lay within two cables' length, and all the guns of the frigate were mounted and loaded. Decatur sprang on board, and his intrepid crew rushed, sword in hand, upon the astonished and terrified Tripolitans ; killed and drove them into the sea and were soon masters of the frigate. The situation of Decatur and his crew became perilous from the artillery of the battery which now began to be poured in upon them. The corsairs in the har- bour were approaching, and they had no time to lose in making their escape. They set fire to the Philadelphia, left her, and were soon out of the reach of their pursuers, having accomplished this daring enterprise without the loss of a single man. In the month of August, Commodore Preble went three times into the harbour of Tripoli, and opened the broadsides of his fleet upon the shipping and the batteries of the city. Although the Americans destroyed some of the Tripolitan shipping, yet they failed of making any material impression upon the fortifications. Meantime, the barbarians treatec the American prisoners with every degree of in- dignity and cruelty. Captain Bainbridge, who, with bis crew, had remained in captivity since the capture of the Philadelphia, vainly endeavoured to obtain some mitigation of their sufferings. Their country deeply commiserated their distresses, and congress was ready to listen to any proposition which affordet a reasonable prospect of their relief. In 1803, Captain William Eaton, on his return from Tunis, where he had been consul, representec to the government, that his joint operation with ar elder and expelled brother of the reigning bashaw o Tripoli, might be useful. Permission was given him to undertake the enterprise, and such supplies granted as could be afforded, and the co-operation o the fleet recommended. In 1801, Eaton was ap pointed navy agent of the United States, for th Barbary powers. After reaching Malta, he left the American fleet, and proceeded to Cairo and Alex andria, where he formed a convention with Hamet who hoped, by attacking the usurper in his domi nions, to regain his throne. For this purpose, an army was to be raised in Egypt, where Hamet hac been kindly received, and presented with a militar command by the Mameluke Bey. Early in 1805 Eaton was appointed general of Hamet's forces From Egypt, he marched with a few hundred troops principally Arabs, across a desert 1000 miles in ex tent, to Derne, a Tripolitan city on the Mediter ranean. In this harbour he found a part of th American fleet, which was destined to assist him He learned, also, that the usurper, with a consider able force, was within a few days' march of the city The next morning, he summoned the governor ( )erne to surrender, who returned for answer, " my ead or yours." He then commenced an assault pon the city, and, after a contest of two hours and half, took possession of it. General Eaton was ounded, and his army suffered severely, but mmediate exertions were, notwithstanding, made fortify the city. On the 8th of May, it was ttacked by the Tripolitan army. Although the as- ailants were ten times more numerous than Eaton's and, yet, after persisting four hours in the at- empt, they were compelled to retire. On the ]0th t June, another battle was fought, in which Eaton ,-as again victorious. The next day, the American rigate Constitution arrived in the harbour, and the ^ripolitans fled precipitately to the desert. While he impression resulting from the bravery displayed at Derne, operated at Tripoli, and an attack upon hat city was daily expected from the United Stales' quadron, Colonel Lear, the consul at Tripoli, bought it the best moment to listen to the terms of )eace offered by the bashaw. He did so, and it was tipulated, that a mutual delivery of prisoners should ,ake place; among whom were Captain Bainbridge, vith the officers and crew of the Philadelphia ; and, is the bashaw had a balance of more than 200 pri- ;oners in his favour, he was to receive 60,000 dollars or them. It was also understood, that all support rom Hamet was to be withdrawn, and hostilities were to cease. It was, however, stipulated, that on Hamet's retiring from the territory, his wife and children, then in the power of the reigning bashaw, should be given up to him. Thus ended the war u the Mediterranean. In July, 1804, occurred the death of General Alexander Hamilton. He died in a duel fought with Aaron Burr, vice-president of the United States. Colonel Burr had addressed a letter to General Hamilton, requiring his denial or acknow- ledgment of certain offensive expressions contained in a public journal. Hamilton declining to give either, Colonel Burr sent him a challenge. They met, and Hamilton fell at the first fire. His death caused a deep sensation throughout the union. The city of New York paid extraordinary honours to his remains. General Hamilton was so much the idol of one of the great political parties, and the aversion of the other, and in such opposite terms is his poli- tical character delineated by the writings and men of his time, that impartial history scarcely dares as yet, to pronounce the estimate of his merits as a po- litician. As a man of great talents, of powerful eloquence, as a scholar, and as a gentleman, Ha- milton stood pre-eminent. In the meantime, Mr. Jefferson received his se- cond presidential election ; and such was his popu- larity, that out of 176 votes, he received 162. George Clinton of New York was chosen vice-president. They were sworn into office on the 4th of March, 1805. Mr. Jefferson on entering upon the discharge of the duties of the second term of his administration, although a decided majority in both houses of con- gress were friendly to the principles of government by which he was actuated, perceived himself to be placed in a more critical situation than at any former period of his public life. The manner in which Eu- ropean wars were conducted, created apprehensions in the minds of the American citizens, that their rights and liberties would not only be endangered, but sacrificed. The wise policy of America had been eminently conspicuous in maintaining a steady system of neu- 1100 THE HISTORY OF AMERICA. trality, during the whole of those wars which broke out in consequence of the French revolution. Her neutrality enabled her to profit by the colonial com- merce of France and Spain, as also the whole branch of European trade, which, in consequence of the general war, could not be transported with native ships. France, in the meantime, had become a na- tion of soldiers. She had repelled her invaders, and placed at the head of her republic a man whose vast mental powers and resources had acquired con- trol over most of the European kingdoms. Buona- parte had made a stand against the maritime pre- dominance of Britain, while that nation, with equal vigour, resisted his usurpations on land. On two subjects Britain and America were also at issue. One was respecting what the former power denominated " the right of search ;" by which, on various pretences, she assumed and exercised an authority to search the vessels of other nations. An- other subject in dispute was, that of expatriation. England maintained that a man once a subject, was always a subject ; and that no act of his could change his allegiance to the government under which he was born. This difference in principles on the subjects of the right of search, and that of expatriation, pro- duced the difficulties between the two nations, on the subject of the impressment of American seamen. Officers of British ships, in the exercise of the pretended right of search, entered American vessels, and impressed from thence certain seamen, whom they claimed as British subjects, because they were born in Great Britain ; while the same men, having become naturalized in America, were regarded by that power as her citizens. The practice of impress- ment thus begun, did not end here, but proceeded to extremes that the Americans considered unjusti- fiable on any principles. America, 'thus situated, was meditating measures for the defence of her commerce, when she received from both the belligerents fresh cause of provocation. Great Britain, under the administration of Fox, is- sued a proclamation, May J806, blockading the coast of the continent, from Elbe to Brest. The French government, exasperated at this measure, retaliated by the decree issued at Berlin, November 21st, declaring the British Isles in a state of block- ade. Thus each nation declared in effect, that no neutral power should trade with the other. In 1807, the public attention was again directed to Colonel Burr. He had lost the confidence of the republican party, by his supposed intrigues against Mr. Jefferson, for the office of president, and exci- ted the indignation of the whole federal party by his encounter with Hamilton. Thus situated, he had retired as a private citizen into the western states. It was at length understood, that he was at the head of a great number of individuals, who were arming and organizing themselves ; purchasing and build- ing boats on the Ohio. Their ostensible object was peaceful and agricultural. It was to form a settle- ment on the banks of the Washita, in Louisiana. Their boats, it was said, were calculated to accom- modate families who were removing to their settle- ments. But the vigilant eye of government was upon their leader ; and, as the nature and designs of his movements were suspected, he was closely scrutinized ; prosecutions were instituted against him in Tennessee, Kentucky, and in the Mississippi ter- ritory, from which, as proof of guilt was wanting, he was discharged. At length, these suspicions gaining strength, he was apprehended on the Toin- bigbee river, in Missouri territory, in February 1807, brought to Richmond under military escort, and committed in order to take his trial upon two charges exhibited against him on the part of the United States. First, for a high misdemeanor, in setting on j,foot withitTthe United States a military expedition against the king of Spain, with whom the Uuited States were at peace; second, for treason in assembling an armed force, with a design to seize the city of New Orleans, to revolutionize the terri- tory attached to it, and to separate the Atlantic states from the western. It was supposed that he intended to make New Orleans the seat of his do- minions, and the capital of his empire. In August, after a trial before Judge Marshall, the chief justice of the United States, evidence of his guilt not being presented, he was acquitted by the jury. The Chesapeake searched^Mr. Madison elected presi sident Erskine's treaty Indians commence hostiti' ties Battle of Tippecanoe Henry's secret mission In June of this year (1807), an alleged outrage was committed upon the United States' frigate, the Chesapeake, by the British ship of war Leopard, which produced throughout the country a general burst of indignation. The Chesapeake, commanded by Commodore Barron, having been ordered on a cruise in the Mediterranean, sailed from Hampton Roads on the 22nd of June. She had proceeded but a few leagues from the coast, when she was over- taken by the Leopard. A British officer came on board, with an order from Vice-admiral Berkely, to take from the Chesapeake three men, alleged to be deserters from the Melampus frigate. These men, it appears, were American citizens, who had been impressed by the British, but had deserted, and en- listed in the American service. Commodore Barron replied to the British officer in terms of politeness, but refused to have his crew mustered for examina- tion, by any officers but his own. Commodore Barron was unprepared for an attack, not contem- plating the possibility of meeting an enemy so near the Capes; but, during this interview, he noticed preparations on board the Leopard, indicative of u hostile disposition, and he immediately gave orders to prepare for action. But before any efficient prepa- rations could be made, the Leopard opened a broad- side upon the Chesapeake. After receiving her fire about 30 minutes, during which time the Americans had t'oree men killed, and eighteen wounded, Com- modore Barron ordered the colours to be struck. An officer from the Leopard came on board, and took four men, the three who had been previously de- manded, and another, who, they affirmed, had de- serted from a merchant vessel. Commodore Barron observed, that he considered the Chesapeake a prize of the Leopard. The officer replied, " No," he had obeyed his orders in taking out the men, and had nothing further to do with her. This event produced great excitement. That rancour of party which had so long embittered all the intercourse of social life, was lost in the general desire to avenge a common wrong. The president, by proclamation, commanded all British armed vessels within the harbours or waters of the United States, to depart from the same without delay, and prohibited others from entering. Mr. Monroe, the American minister in London, was instructed to demand reparation ; and a special con- gress was called. In November, Britain issued her orders in council, a measure declared to be in retaliation of the French decree of November 1806. These orders in council UNITED STATES. 1101 prohibited all neutral nations from trading with France, or her allies, except upon the condition of paying tribute to England. This was immediately followed by a decree of Buonaparte, at Milan, which declared that every vessel which should submit to be searched or pay tribute to the English, should be confiscated if found within his ports. Thus was the commerce of America subjected to utter ruin, as almost all her vessels were, on some of these pretences, liable to capture. The Ameri- can government, after much discussion, resorted to an embargo on their own vessels, as a measure best fitted to the crisis. This would effectually secure the mercantile property, and the mariners now at home, and also those who were daily arriving; and, at the same time, it would not be a measure of war, or a just cause of hostility. Mr. Monroe was instructed not only to demand satisfaction for the Chesapeake, but to obtain se- curity against future impressment! from American ships. But Mr. Canning, the British minister, ob- jected to uniting these subjects, and Mr. Monroe was not authorized to treat them separately. Mr. Rose was sent envoy-extraordinary to the United States, to adjust the difficulty which had arisen on account of the Chesapeake. In 1808, Commodore Barron was tried for prematurely surrendering that frigate. In 1809, Mr. Jefferson's second term of office having expired, he declared his wish to retire from public life, and Mr. Madison who had during Mr. Jefferson's administration held the important office of secretary of state, was elected president. Mr. George Clinton of New York was re-elected vice- president. While all the citizens of America were indignant at the treatment of their country by the belligerent powers, a diversity of opinion prevailed with regard to the method adopted by government to prevent further aggression. The embargo convulsed the whole nation, and produced the most violent oppo- sition. The commercial states inveighed against it as ruinous ; bringing in its train poverty and dis- tress. Individuals throughout the nation seized op- portunities of infringing it, and its restrictions could tiot be enforced in the eastern states without the aid of a military force. Thus circumstanced, the go- vernment repealed the embargo, and substituted an- other law, prohibiting for one year all intercourse with France or Great Britain. A provision was made in this law, that should either of the hostile nations revoke her edict, so that the neutral com- merce of the United States should be no longer violated, the president should immediately make it known by proclamation, and from that time the non- intercourse law should cease to be enforced as it re- garded that nation. On pretence of retaliating upon America for sub- mitting to the outrages of England, Buonaparte issued his decree of Rambouillet, which authorized the seizure and confiscation of American vessels which were then in the ports of France, or mighl afterwards enter, excepting those charged with dis- patches to the government. In April a treaty was concluded with Mr. Erskine the British minister at Washington, which engager on the part of Great Britain, that the orders in council so far as they affected the United States should be withdrawn.' The British ministry, how- ever, refused to ratify this treaty; they denied th< authority of that minister to make such a treaty, and immediately recalled him. His successor, Mr rackson, insinuated in a correspondence with the ecretary of state, that the American government, cnew that Mr. Erskine was not authorized to make he arrangement. This was distinctly denied by he secretary, but was repeated by Mr. Jackson, rhe president then declined receiving any further communications from him. In May 1810, the non- ntercourse law expired, and government made pro- msals to both the belligerent powers, that if either would revoke its hostile edicts, this law should only revived and enforced against the other nation. It lad ever been the policy of America, to avoid be- coming a party in the European wars, and to regard ;ach belligerent as standing on equal ground. The aw was applicable to both, and if it made a distinc- ion in its operation between the belligerents, it must necessarily result from a compliance of one, with an offer made to both, but which would still be open to the acceptance of the other. France re- pealed her decrees, and the president issued a pro- clamation on the 2nd of November, in which he declared that all the restrictions imposed by the non- ctercourse law should cease in relation to France and her dependencies. Great Britain was now called on to fulfil her engagement, by revoking her orders in council. She refused on pretence that the revocation of the French decrees had not actually taken effect. The population of the United States by the third census of 1810, was 7,239,903. Among the occurrences produced by British ships hovering off America, was an encounter near Cape Charles, between the American frigate President, commanded by Commodore Rogers, and the British sloop of war, Little Belt, commanded by Captain Bingham. The attack was commenced by the Little Belt, but she was soon disabled, and thirty-two of her men killed and wounded. Menacing pi-eparations, and the appearance of a combination had been discovered among the Indians on the western frontier, who watching the hostile feelings existing between the United States and Great Britain, considered this a favourable oppor- tunity for them to commence their depredations. They accordingly collected on the Wabash, and under the influence of a fanatic of the Shawanese tribe, who styled himself a prophet, and of his bro- ther, the famous chief Tecumseh, they committed the usual atrocities of their barbarian warfare. Governor Harrison of the Indiana territory, was directed to march against them with a force consist- ing of regulars and the militia of the territory. On the 16th of November, Governor Harrison met a number of Indian messengers at Tippecanoe, their principal town, and a suspension of hostilities was agreed upon until next day, when an interview was to be had with the prophet and his chiefs. On the meeting of General Harrison with the chiefs, occurred a noble flash of aboriginal elo- quence. Tecumseh was not present when the council assembled. As he entered he was told that his father (meaning General Harrison) had reserved a seat for him next himself. " My father," said Te- cumseh, " the Great Spirit is my father, the earth is my mother, and upon her breast will 1 recline !" In Tecumseh, we find much to remind us of Philip, of Mount Hope. Like Philip, he possessed in addition to the general characteristics of the American savage, a comprehensive mind capable of forming and persevering in a great and complicated plan ; and, as with Philip, the love of country and the love of right, appear to have been blended in 1102 THE HISTORY OF AMERICA. his mind, with the thirst for human blood. The plan of Tecumsch, like that of Philip, was to unite the scattered tribes of his countrymen against the whites; and for this purpose, he visited and stirred up the Indians to war, by his savage and powerful eloquence. Warned by the fate of so many American armies surprised and cut off by the savages, General Har- rison formed his men in order of battle; and thus they reposed upon their arms. Just before day, the faithless savages rushed upon the Americans. But their war-whoop was not unexpected. The Ameri- cans stood, repelled the shock, and repulsed the assailants. Their loss was however severe, being about 180 in killed and wounded. That of the Indians was 170 killed, and 100 wounded. Mr. Foster, who succeeded Mr. Jackson, as minis- ter from England, arrived at Washington this sum- mer. The controversy respecting the Chesapeake and President was finally adjusted. The British government agreeing to make provision for those seamen who were disabled in the engagement, and for the families of those who were killed. The two surviving sailors who were taken from the Chesa- peake, were to be restored. But no change of policy was exhibited by the British government. Their right to search American vessels, and to im- press American seamen, if native-born Britons, was still maintained ; and the orders in coucil were en- forced with the greatest rigour. British vessels were for this purpose stationed before many of the principal harbours in the United States. In consequence of the French decrees being annulled, commerce with France had again com- menced. American vessels bound for French ports, and richly laden, were captured by the British. Not less "than 900 had thus fallen into their hands since the year 1803. It was evident that Great Britain now considered the United States as an unwarlike nation, and know- ing the commercial spirit of the people, expected that restrictions equivalent to their own would be the only method of defence to which the govern- ment would resort. Forbearance under these re- peated injuries was no longer a virtue, and served only to invite further aggression. When congress assembled in November, the pre- sident laid before them the state of foreign relations, and recommended that the United States should be placed in an attitude of defence. The representa- tives of the people acted in accordance with their views. Provision was made for the increase of the regular army to 35,000 men, and for the enlargement of the navy. A law was enacted, empowering the president to borrow eleven millions of dollars ; the duties on imported goods were doubled, and taxes were subsequently laid on domestic manufactures, and nearly all descriptions of property. On the 25th of February, 1812, Mr Madison laid before congress copies of certain documents, which proved that on the 6th of February, 1809, the British government, by its agent Sir James Craig, governor of Canada, had sent John Henry as an emissary into the United States, for the express pur- pose of insidiously destroying its government, by effecting, if possible, the disunion of its parts. The service for which Henry was employed, was to in- trigue with the leading members of the federal party, draw them into direct communication with the go- vernor of Canada, and lead them, if possible, to form the eastern part of the union into a nation or province dependent on Great Britain. Henry proceeded through Vermont and New Hampshire to Boston, which was his ultimate desti- nation ; but he returned without effecting in any degree his purpose. This failure he attributed solely to the readiness which Mr. Madison had manifested to meet the conciliating propositions of Mr. Erskine, which took from his opponents the power of making him and his administration odious to the people, by representing to them that he was in the interest of France. Henry having vainly sought from Great Britain remuneration for this dis- honourable service, disclosed the whole transaction to the American government, for which he was paid 50,000 dollars out of the contingent fund for foreign intercourse. This treacherous attempt made by England in time of peace, was regarded with ab- horrence by the majority of both parties, and was among the causes which led to the war which soon ensued. War declared An act of congress to raise 25,000 men State of the revenue General Dearborn com-' mander-in-chief Proceedings of the army of the north-west Hull's operations Hit proclamation Affair at the river Aux Canards Van Horn de- feated at Brownstou-n -Mackinaw, surrendered Dearborn's armistice Hull abandons Maiden Battle of Maguaga Captain Heald defeated Hull capitulates /* exchanged Hit trial and sentence. In April 1812, congress laid an embargo for 90 days, upon all vessels within the jurisdiction of the United States. Although the government was con- tinually making preparation for war, a hope was yet cherished, that some change of policy would take place in the British cabinet, which would render it unnecessary. But at length, finding no prospect of such a change, on the 18th of June, 1812, an act was passed, declaring war with Great Britain. In the manifesto of the president, the reasons of the war were stated to be, "the impressment of American seamen by the British ; the blockade of her enemies' ports, supported by no adequate force, in conse- quence of which the American commerce had been plundered in every sea; and the British orders in council." Against this declaration, the represen- tatives of the federal party, constituting a small mi- nority in congress, entered their solemn protest. Thus had England again compelled America to resort to arms. The circumstances of the country at the commencement of the present war, were, however, far different from those which attended the war of the revolution. A government had been established, which, unlike the congress of that pe- riod, could not only recommend, but enforce. The number of inhabitants had increased from about three millions to nearly eight millions ; and the pe- cuniary resources of the republic had advanced in a ratio yet greater than that of its population. These were the advantages which America in 1812 pos- sessed over America in 1775; but there were points in which the originators of the revolution were in a much more advantageous situation for war, than that in which their descendants, 37 years afterwards, found themselves placed. In 1775, the Ameri- cans were comparatively a warlike people. They had been obliged to be constantly on the alert, to defend themselves from their savage foes. A con- test had just passed, which had given practical ex- perience of the difficulties and hardships of war, and consequently, the ability to face its dangers and en- dure its fatigues. This war was also eminently cal- culated, both by its misfortunes and successes, to im- UNITED STATES. 1103 part sound maxims in the military art. The shame- ful inertness and disasters of the first campaign of the French war, the energy and brilliant successes of the last, the disgrace of Braddock, and the glory of Wolfe, were fresh in men's minds ; and it was amidst these scenes that the military character of the leader of the revolutionary army, and that of many of his officers, was formed. On the contrary, in 1812, a season of 30 years of peace and prosperity had enervated the nation. Most of the officers of the revolution slept in honoured graves. There were, however, a few veterans of that noble band remaining; but they were not of those who had stood in its foremost rank, and they had already passed the vigour of manhood; whose best energies are required for the momentous duties of a high military command. Thus, for the army to be raised in 1812, there were no officers in whom entire confidence could be placed. But with the best of officers, very great difficulties must have been encountered, from the condition of the troops. During Mr. Jefferson's administration, economy was the order of the day. Every possible retrench- ment of national expenditure was adopted; and among other measures of this nature, was the cur- tailing of the army and navy. Although a spirit of prudence in money affairs is highly commendable, and though it was at that period popular, and in many respects useful to the country, yet it may now be doubted, whether in this instance it did not dege- nerate into that penny-wisdom and pound foolish- ness, which is as little consistent with the best in- terests of a nation, as with those of an individual. The national debt, it is true, was by these measures reduced from 75,463,467 dollars, to 36,656,932 dol- lars ; but by the increased expenditures of the war of 1812, 1813 and 1814, it amounted in 1816 to 123,016,375 dollars; a sura exceeding by 47,552,908, its original amount. It is probable that many o: the misfortunes of the country might have been spared, by maintaining during peace a better state of preparation for war, and a sum of money even tually saved, far greater than the amount of the re treuchment. In 1808, the regular army consisted of onlj 3,000 men. During that year, the government alarmed by the increasing aggressions of the Euro pean powers, increased it to 9000. In January 1812, congress voted to raise an additional fore* of 25,000. This act was, however, passed so shor a time previous to the declaration of war, that no more than one-fourth of the number were enlisted a that time ; and those were of course raw and undis ciplined. In addition to the regular army, the presiden was authorized to call on the governors of the state for detachments of militia, to an amount not exceed ing 100,000, and to accept the services of? any num ber of volunteers, not exceeding 50,000. Thi species of force, although of great use in defence has been found not efficient in offensive field opera tions. Thus the actual efficient force at the com mencement of the war in 1812 was small, and th troops were wholly inexperienced. Nor had the army that high tone of public feeling which animated the soldiers of the revolution. Th occasion, though important, was not so overpowe ingly momentous. Indeed, the administration r luctant to change its pacific and economical policy had suffered the highest state of public excitemen for the injuries of Britain to pass away, before th declaration of war. This was the period immediate ucceeding the outrage upon the Chesapeake; for hich Britain had now made satisfaction. The na- on felt itself so keenly wounded by that insult, that would then have moved simultaneously to the vin- cation of its rights. But while the government ;layed and temporized, the warmth of public feel- ig in a measure abated. That money-loving spirit hich the administration had formerly too much ourted, was now offended by the operation of its re- trictive system ; and its political enemies had taken dvantage of every subject of discontent, to excite pposition to its measures. The state of the revenue, in 1812, was far from eing favourable to the prosecution of an expensive var. Derived almost solely from duties on merchan- ise imported, it was abundant in a state of com- mercial prosperity ; but in time of war and trouble, tie aggressions of foreign nations, which in their peration produced an increase of public expendi- ure, almost destroyed the means of defraying it. n this emergency, congress in 1812 authorized a oan of 11,000,000 of dollars, and increased one undred per cent, the duties on imported goods and he tonnage of vessels. The condition of the navy was in some material espects better than that of the army. The situa- ion of the United States, as a maritime and com- mercial nation, keeps her provided with seamen, who in time of war, being transferred from mer- chant to warlike vessels, are already disciplined to naval operations. The recent contest with the Barbary states had given to the officers and men of the little American lavy, experience in war ; and their successes had uspired them with confidence in themselves and in each other. Many enterprising individuals of the epublic converted their merchant ships into priva- ,eers ; but the vessels belonging to the government it the commencement of the war consisted of only en frigates, ten sloops, and 165 gun-boats. This was all the public force which America could oppose ,o the thousand ships of the proud mistress of the ocean. Commodore Preble is regarded by some as the main spring of the prosperity of the American navy. tt is said that the officers who gained so much fame 'or themselves and for their country, were almost all formed under his instructions. Among the few survivors of the revolutionary war, was Henry Dearborn of Massachusetts, who was ap- pointed major-general and commander-in-chief of the American army. His head-quarters were at Green- bush, on the Hudson river, opposite Albany. Forces acting under his direction, mostly composed of New York militia, were stationed at Plattsburgh, and on the Niagara frontier : those at the latter place were, at the commencement of the war, under the com- mand of Generals Porter and Hall. About a year before the declaration of war, William Hull, governor of the Michigan territory, had, in his letters to the government, given a vie'w of the situation of the country in the vicinity of the upper lakes. He reminded the administration that they possessed in that region three military posts, viz., Michilimakinack, (usually called Mackinau,) Chicago, and Detroit. He asserted that the British forces at Amherstburg, (otherwise called Maiden,) and at St. Joseph's, were about equal to those of the United States at the three stations mentioned, and that should the militia of Upper Canada in case of war, take a part, they were twenty to one superior to those of Michigan, the province containing 1104 HISTORY OF AMERICA. 100,000, the territory only 5000 inhabitants. The adjacent states, he said, were thinly inhabited, and needed their forces for their own defence. In addition to the superiority in population on the British side, General Hull warned the govern- ment that they must expect that the numerous Indian tribes, of whose services the humane oplicy of America forbade her acceptance, would, in the event of war, (which was the state in which they most delighted,) unite with her foe. He urged the importance of Detroit, as being the key of the north- ern country, and the only spot from which the In- dians could be kept in check. He stated that a wilderness nearly 200 miles in extent, and in- fested by savages, separated it from any point from which it could draw supplies, and advised the administration to prepare a naval force on Lake Erie, superior to the British, and sufficient to pre- serve their communication. If the government should not think proper to listen to this advice, Governor Hull suggested as the next most expedient measure, immediately on the declaration of war, to invade Upper Canada by a powerful army from Nia- gara, which should co-operate with a force from Detroit; and thus take possession of the whole pro- vince. And he gave it as his opinion, that unless one or the other of these measures should be adopted, the posts of Detroit, Mackiuau, and Chicago, must inevitably fall into the hands of the enemy. To these suggestions of Hull may in part be traced the plan of the campaign which was formed at Wash- ington, and which seems to have had the conquest of Montreal for its "ultimate object. But instead of concentrating the force and moving directly to this point, the American troops were scattered along the extensive northern frontier. It was intended to in- vade simultaneously at Detroit and Niagara, with the expectation that the armies from these places would move in the direction of Montreal, and be joined on the way by the force stationed at Platts- burg. The army, destined for Detroit, was collected at Dayton, in Ohio, some time before the declaration of war. The president of the United States had made a requisition of 1200 men on the governor of that state. This number was immediately filled by volunteers, who were divided in to three regiments, commanded by Colonels M ' Arthur, Cass, and Find- lay. These troops were joined by the fourth regi- ment of infantry, and a few other regulars, amount- ing in the whole to about 300, under the direction of Colonel Miller. These, together with a few strag- gling volunteers, who followed the army, and were included in the return, composed the whole of this force, the command of which was given to Governor Hull, who had served with reputation in the army of Washington, and who had been for several years the governor of Michigan. But although he had been a brave man in his youth, age had now para- lyzed his energies ; nor is it probable, that nature ever gave to him the firmness, decision, and activity, necessary to the military commander; who must often in war reverse the maxims of peace, as he often finds himself in situations, where, to be long in de- liberation, and slow in action, is a i'atal imprudence. The general, having been ordered by the govern- ment to proceed to Detroit, and there to wait for further orders, the army left Dayton about the mid- dle of June, and, passing through Stanton, and Ur- banna, traversed the uncultivated region between the latter place, and the rapids of the Maumee, or Miami of tl\e lakes. The army had been obliged to remove obstructions, and make their own road. They had built four block-houses, and garrisoned them with the disabled. They reached the Rapids on the 30th of June. On the 26th, four days pre- vious, General Hull had received by express, a letter from Mr. Eustis, the secretary of war, written on the morning of the day in which war was de- clared. This letter merely reiterated former orders, and contained expressions which indicated that war would soon be declared. Expecting to be informed, by express, when the declaration actually occurred, and not dreaming that the British could be in pos- session of such important intelligence from the Ame- rican government earlier than himself; Hull, for the purpose of disencumbering his army, and facili- tating their march, hired a vessel, which had sailed as a packet, to convey to Detroit his sick, his hospi- tal stores, and a considerable part of his baggage. This vessel, which sailed on the first of July, felf into the hands of the British near Maiden, who had been two or three days in possession of the information that war was declared. With Hull's private bag- gage, his aid-de-camp unfortunately had placed on board the vessel a trunk of public papers, by means of which the enemy became possessed of his corre- spondence with the government and the returns of his officers, showing the number and condition of his troops. The intelligence of the declaration of war, Gene- ral Hull received on 2nd of July, in a second letter from Mr. Eustis, of June 18th, which was not sent by express, but by mail. The fortress of Maiden or Amherstburg, garrisoned by 600 men, and commanded by Colonel St. George, was the strong hold of the British, and their IndTan allies for the province of Upper Canada. It is si- tuated on the Detroit river, near its entrance into Lake Erie. On the opposite American bank, is the Indian village of Brownstown, through which passes the road from Ohio to Detroit; a communication on which Hull, in the event of the British keeping pos- session of the lake, must depend for the supplies of his army. But they would be liable to be cut off, as the British, having command of the waters, could, at any time, land detachments on the opposite side. Thus, for Hull to proceed from the Rapids to De- troit, was to advance and leave an enemy's fortress in his rear. The orders of the secretary of war were, however, explicit, nor do we learn that at the time the American general remonstrated with the govern- ment, although he afterwards considered this as the fatal order which caused his misfortunes. Pursuant to this mandate, he continued his march, and reached Detroit on the 5th of July. Here he permitted his army to rest for a few days, from their toilsome march through the wilderness, the fatigues of which they had borne with exemplary patience. The Ame- ricans were here employed in cleaning and repairing their arms, which were at the commencement of the march in a bad condition, especially those of the Ohio militia. An impatience prevailed to cross the river, and invade Canada immediately. General Hull, on the 9th, called a council of his officers, in which he explained to them, that his directions from the government were to remain at Detroit, and await further orders, and, on that account, he could not then invade Canada. They, however, thought he ought, notwithstanding, to take immediate pos- session of the opposite bank of the river. On the same day, soon after the breaking up of the council, General Hull received a letter from Mr. Eustis, authorizing him to commence offensive opera- UNITED STATES. i!05 tious, and saying, that " should the force under your command be equal to the enterprise, and con- sistent with the safety of your own posts, you will take possession of Maiden, and extend your con- quests as circumstances will allow." General Hull in his answer on the same day states to the secretary, that he did not think his force equal to the reduction of Maiden ; that the British commanded the water and the savages; yet he said he should pass the river in a few days. On the 10th, he agafn wrote to the government, saying, " the communication must be secured, or this army will be without provi- sions. This must not be neglected. If it is, this army will perish by hunger." On the 1 1th he wrote to Governor Meigs of Ohio a similar communication. From this statement of General Hull, and from the tenour of his former communications, the govern- ment ought to have considered this army in a pe- rilous situation, and to have taken measures for its preservation; at the same time, so long as Hull had no assurances of reinforcements, his order being to invade if he considered his own force sufficient ; and as he had no pledge from the government, that any provision was making to relieve him by taking pos- session of the lakes or keeping open the communi- cation to Ohio; it would seem that he should not have acted in so momentous a concern, on the pre- sumption that on account of his former advice, these things would have been done. Consistently with his own expressed opinions, he should have made use of the discretion granted him to remain on the defen- sive, until he had sufficient reason to believe that those measures which he had stated to the govern- ment as being essential to the safety of the post, were in a state of actual accomplishment ; in the mean time taking all due pains to keep the sentiments of the army in his favour, and warmly soliciting the aid of his government. Had he pursued this course, consequences could not have followed so wounding to the honour of his country, as those which accrued. Another course of bolder policy also presented itself in accordance with the views of most of his officers. This supposed, that the army of Hull was of itself competent to the reduction of the enemy's country, and that prompt and vigorous measures would place at his command the fortress of Maiden, the key of Upper Canada, and the great obstruction in the way of his own supplies. Had this policy been con- sistently pursued, its result, though it might not have been successful, would certainly have been honourable. Hull appears to have vacillated between the two, and thus he failed of securing the advan- tage of either. General Hull crossed into Canada on the 12th of July, and directing his march southerly, took post at Sandwich, and issued from that place his famous proclamation. This was a bold and imposing com- position, and backed by the presence of an in- vading army, had all the effeet which the Americans could have desired. The Indians were awed into neutrality, and the Canadians favourable to the Ame- rican cause, either remained quietly at home, or joined their ranks. In it, he placed before the in- habitants of Canada the advantages of uniting with the United States rather than remaining as an ap- pendage of Britain ; and promised, in the name of his country, protection to their persons, property and rights, if they remained quietly at home ; but on the contrary, if they united with the savages against America, he threatened them with a war of exter- mination. " Had I," continues the proclamation, " any doubt of ultimate success, I should ask your HIST. OF AMER. Nos. 139 & 140. assistance-; but I come prepared for every contin gence. I have a force which will break down al 1 opposition, and that force is but the van-guard of a much greater ;" alluding here to the expected in- vasion from Niagara. If Hull intended this pro- clamation as a stratagem of war, in the commence- ment of a set of desperate measures, entire success might have justified it ; to ensure which, his sword should have been as prompt as his pen, and his military manoeuvres as energetic as his language. To rise so high as the tone of this proclamation, so soon to sink to the degrading surrender of a whole army, without a sword drawn, was a mortification to which he should not have subjected his country. Knowing, as appears by his memoirs of this cam- Eaign, how many causes existed which might have id him to fear that he should ultimately be over- powered, he ought to have considered the effect of this proclamation, in raising false hopes and expec- tations in the minds of his own army, and the people of the United States. Dissatisfaction that the ex- pected achievements had not been performed, would naturally arise, and the blame fall on the command- ing general. Neither the government nor General Dearborn could, without some secret explanation, have regarded it as the language of an officer who considered his army already in the desperate predi- cament of a "severed limb,'' requiring their utmost care to assist in uniting it to the body. Some of the officers were ardent to proceed imme- diately to the attack of Maiden, but General Hull deemed it expedient to wait for his heavy artillery, which was preparing at Detroit ; and in this opinion he was supported by the majority of a council of war, which he called on the 14th of July. The army continued at Sandwich, while occa- sional parties scoured the adjacent country, and col- lected some provisions. On the 15th, Colonel Cass, with a detachment of 280 men, left the camp, having obtained the general's permission to reconnoitre the ground between Sandwich and Maiden. Within four miles of Maiden, the river Aux Canards pre- sented an obstruction to the approach of the Ame- rican troops to the British fortress. Colonel Cass attacked the party stationed as a guard, and after killing ten of their number, took possession of the bridge. This attack was made without orders from the commander. Colonel Miller, who accompanied Cass, agreeing with him that this pass was import- tant to the Americans, they sent to ask of the gene- ral to make provision for guarding and retaining it ; but in his opinion, an attempt to maintain the con- quered position would bring on a general action, which he thought would be unwise, as Colonel M'Arthur was then absent with a considerable de- tachment, and it had been determined to wait for artillery. He sent orders, not positive, however, but discretionary, to abandon the bridge and return to the camp, which the party accordingly did. Governor Meigs, of Ohio, to whom General Hull had sent for supplies, had dispatched Captain Brush, with a quantity of provisions. Early in August, Hull had been informed that this detachment had pro- ceeded to the river Raisin, and that a party of British and Indians had been sent from Maiden to Brownstown, to intercept it. On the 4th of August, General Hull, at the request of the Ohio officers, detached about 200 men under Major Van Horn to open the communication, and escort Captain Brush to the camp. The detachment arrived at Browns- town on the 8th, and although warned of their danger, they suffered themselves to be surprised by an Indian 4U HOG THE HISTORY OF AMERICA. ambuscade. Being fired upon, the Americans at first returned the fire, but soon after fled in disorder to Detroit, leaving eighteen dead upon the field, and having twelve wounded. About the 1st of August, General Hull received the unwelcome intelligence of the fall of Mackinau. It had been attacked on the 17th of July, by a party of British and Indians, principally the latter, amounting in the whole to 1024. Lieutenant Hawks, who commanded at this fort, had only 57 men under his command; nor had he been informed of the declaration of war when he received the summons to surrender. On learning the strength of the enemy, he capitulated, by the unanimous ad- vice of his officers; stipulating, however, that his garrison should march out of the fort with the ho- nours of war. This event filled Hull with surprise and consternation. He had nothing now to ex- pect, but that these hordes of northern savages would come down upon him. This alarm was increased by an intercepted letter from a gentleman belonging to the British North West Company, at Fort William, from which he received the intelligence, that this enterprising as- sociation, by whose means Mackinau had been taken, were still employed with great activity and success in inciting the Indians against the Ameri- cans, and that several thousands in those regions were already in arms. The Indian tribes in his more immediate vicinity, he found were also rising against him. Of these the Wyandots were the most formidable ; as his supplies from Ohio must pass through their country. By the defeat of Van Horn, he found himself already cut off from his supplies. On the 5th of August, he again called a council of officers, to de- liberate on the expediency of proceeding to the attack of Maiden without the artillery, which had not been made ready, but was expected in two days. After deliberation, it was agreed to wait two days, and if not then ready, to attack without it. Accordingly, the 8th was the day fixed on for the assault ; but intelligence received between the 5th and 8th, induced the general to alter his plan. Letters were received from Generals Porter and Hall, who commanded on the Niagara frontier, informing him that the enemy were leaving their posts in that direction, and were bending all their forces against him ; and that he had nothing to expect from a diversion at Niagara. He was fur- ther informed, that a considerable number of these troops had already reinforced the garrison at Maiden. General Dearborn, the commander-in-chief, had been directed by the government to invade Canada 1'rom Niagara, and co-operate with Hull. While tardily engaged in preparations to execute this or- dr, Colonel Baynes was sent from Montreal by Sir George Prevost, the governor-general of Canada, with a flag to the American commander at Green- bush. He carried dispatches to the government, which contained the repeal of the British orders in council. But the main object of Prevost appears to have been, to procure (under pretence that this would probably produce a peace,) the consent of General Dearborn to an armistice, in which Hull should not be included, that thus he might be able to turn his whole force against the only invader of the British territory. In this he was successful. The partial armistice was to take place on the 8th of August. It was, however, stipulated by Gene- ral Dearborn, that if the president of the United States should disapprove it, hostilities should com- mence after four days' notice. But the transmis- sion of the dispatches to and from Washington, and the stipulated notice, would give to the governor of Canada all the time which he wished. The presi- dent did disapprove the armistice, but before the commencement of hostilities, the objects of Sir George Prevost were effected. General Hull had no intimation of tne armistice, although he experienced its effects. The letters which he had received from. Generals Porter and Hall, de- stroyed the reasonable confidence which he had en- tertained of co-operation from General Dearborn, and also the unauthorized expectation that some- thing would be done by the American government to obtain possession of the lake. He felt the neces- sity of opening a communication with his supplies by the way of Ohio. It had been urged in the council held on the 5th, that to take Maiden would be the most certain measure to effect this ; as Mai- den, the defence of the British forces and the refuge of the Indians, was itself the source of its obstruc- tion. This view of the subject was overruled by the consideration, that as the British commanded the waters between Maiden and the Ohio road, the Americans, although in possession of that fortress, would still be cut off from their desired communica- tion. He believed that amidst so many savage foes, a defeat would prove the destruction of his whole army. As the governor of the territory, he had long been accustomed to watch for the safety of the people, and to guard them from Indian outrages, to which the destruction of the army would leave them exposed without defence : and the idea of their burning habitations, their murdered women, perhaps his own daughter, and their mangled children, rose to his imagination, and the father and civil go- vernor triumphed in his bosom over the military commander; and although he had pledged himself to lead his army to the attack, although his long delayed artillery was now ready for the expected assault, he gave, on the afternoon of the 7th, the positive order for his army to return to Detroit. Whether the views which induced the retreat of Hull from Maiden were correct or not, can never be ascertained ; because the issue of a battle was not tried : but posterity will not doubt that he acted from the best dictates of his judgment, although it was a judgment warped by womanly tenderness, and the too cautious fears of age. The man and the warrior should have stirred within him at the thought of the glory he might have acquired for himself and his country ; the disgrace which would attend his retreat, and his desertion of those Canadians, who allured by his high promises, had trusted to his protection. If Hull intended a contest with the enemy, with the force under his command, it would seem that every reason was in favour of his encountering it at Maiden, rather than going to await it at Detroit; for, with his views of the numerous force which was gathering against him, he ought to have calculated that he should be followed, and have the war brought to his own door. The delay gave the British time to concentrate their forces, which, not being yet united, he might have defeated in detail. The va- riance of his views with those of his officers, has already been noticed. Neither party adopting those of the other, discontent and dissatisfaction arose between them. This was manifested on the part of Hull, who probably felt that he had been drawn by their advice into his present situation, by taking the resolution to retreat from Maiden without consulting UNITED STATES. 1107 them; and, ou their part, not only by the murmur- ing and reluctance with which they obeyed his orders, but by a plan which was in agitation to de- prive him of the command, and choose a more ener- getic leader. The soldiers were as little satisfied as their officers. Having understood from their gene- ral's proclamations, that they were a force which could " breakdown all opposition," having expected the attack on Maiden, with all the confidence of success, it is not surprising that this uiiexpected or- der of their commander should fill them with dis- appointment and chagrin. It was on the 8th of August, that the American army re-crossed the river, and once more took post at Detroit. On the same day. General Hull dis- patched the flower of his army, amounting to 600 mm, under Colonel Miller, to open the ccmmu- nicaiion to the river Raisin, the service which had been vainly attempted by Van Horn. At Ma- guaga, near Brownstown, Colonel Miller met, on the 9th, a body of troops, consisting of British, Canadians, and Indians, who, having received infor- mation of bis approach, had crossed over from Mai- den, and were drawn up in the woods in regular order of battle. After a severe contest, the enemy were compelled to retreat. Colonel Miller pursued them about two miles. They embarked under cover of their armed vessels, and returned to Maiden. In this engagement, Tecumseh, the celebrated Shawa- nese chief, was the hero of the British force. He, with his Indians, kept his ground, while the regular troops gave way. He was wounded in the battle, and about 40 of his Indians were found dead upon the field. The American loss, in killed and wounded, was about 80. As soon as General Hull had received a communication from Colonel Miller, he sent to that officer a reinforcement of 100 men, under Colonel M'Arthur, with a supply of provisions. A severe storm of rain intervening, to which the troops were exposed without covering, General Hull was induced to order the return of both parties to Detroit. Arrangements were now made to open a communication where they would be less exposed to incursions from Maiden. To this measure he was led by a letter from Captain Brush, who informed him, that he should endeavour to reach Detroit by a circuitous route. Colonels M'Arthur and Cass volunteered for this service, and were directed by Hull to select the choicest troops of their regiments. They took about 350 men, and left the fort on the 13th of August. On the return of Hull to Detroit, he manifested, by his measures, his fears for the safety of his post. He sent, on the 9th, an order to Captain Heald, the commander at Chicago, to evacuate that place, and conduct the garrison to Detroit. Accordingly, on the morning of the 15th, he set out with about 70 Americans, and 50 friendly Indians, escorting several women and children. At a small distance from the fort, they were attacked by a party of be- tween 400 and 500 savages. The little band made a desperate resistance, but being overpowered by numbers, 36 of the men, two women, and twelve children, being slain in the engagement, they at length surrendered, under promise of pro- tection from " Black-bird," an Indian chief of the Pottowattamie nation. After Colonel Miller's return, and before the de- tachment under Cass and M'Arthur left Detroit, Jlull suggested to his officers the propriety of remov- ing his army to some place near the Rapids of the Miami. His reasons were, that the whole force from Niagara east, from the upper lakes, and from Mi- chigan, wore collecting at Maiden ; that lake Erie was closed against the Americans ; that the road from Ohio was obstructed by hostile Indians ; that their country had not, as he'could learn, any force prepared for their relief; that their provisions were nearly exhausted, and that isolated as they were they could wot procure a supply. This measure which his own judgment dictated, he failed of car- rying into effect, because his officers did not ap- prove it; and he was told that the Ohio militia would desert if he attempted it. On the 13th, five days after the armistice on the Niagara frontier was to take effect, and about the same hour that Colonel Cass and M'Arthur marched, General Brock, the most active and able of the Bri- tish commanders in Canada, arrived to take the command of the British forces. Prveious to his ar- rival, a party of the British under Colonel Proctor, who had succeeded Colonel St. George in the com- mand at Maiden, had taken a position on the river opposite Detroit, and proceeded to fortify the bank, without interruption from the Americans. On the 14th, General Brock arrived at Sandwich, and on the 15th he sent a flag, bearing a summons to the American general to surrender. " It is far from, my intention (this is the language.of General Brock's note,) to join in a war of extermination, but you must be aware that the numerous body of Indians who have attached themselves to my troops will be beyond my control the moment the contest com- mences." To this General Hull answered, " I have no other reply to make, than that I am prepared to meet any force which may be at your disposal, &c." General Brock immediately opened his batteries upon the town and fort, and several persons within the fort were killed. The fire was returned by the Americans with some effect. General Hull, greatly alarmed, sent out an express, commanding the im- mediate ret'Ji'u of the detarhm&nt under M'Arthur and Cass. Early in the morning of the 16th, the British landed under cover of their warlike vessels, at Spring Wells, three miles below Detroit. Between six and seven o'clock, they had effected their landing and were marching towards the fort. Hull was per- plexed and agitated. He believed that the territory was invaded by a force which it would be in vain to resist, that victory itself would be but a temporary advantage, whose ultimate result would be to deliver the inhabitants to the undistinguishing barbarities of an Indian massacre. Yet he was not insensible to the disgrace of surrendering without an effort, and even at this critical moment he was wavering and indecisive in his operations, neither pursuing with consistency the policy of bravely defending his post, nor that of prudently putting his army in the best posture of defence, and then making honour- able terms of capitulation. At first his army were drawn up in order of battle without the fort, his artillery was advantageously planted, and his army waited'the approach of the'British full of the con- fidence of victory. The latter were within 500 yards of their lines, when suddenly an order from General Hull was received, directing his forces to retire to the fort. The indignation of the Ame- ricans broke forth, and all subordination ceased. They crowded into the fort, and without any order from the general, stacked their arms, some dashing them with violence upon the ground. Many of the soldiers wept. Even the spirit of the women rosa iadigaant at this unexpected disgrace, and they de- 4 U 2 1108 THE HISTORY OF AMERICA. clared in the violence of their impotent wrath, that the fort should not be surrendered. Hull, perceiv- ing that he had no longer any authority in his own army, and believing that the Indians were without in large numbers ready to fall upon the inhabitants, was anxious to put the place under the protection of the British. A white flag was hung out upon the walls of the fort. Two British officers rode up. Negotiations were immediately commenced ; and a capitulation was concluded by Hull with the most unbecoming haste. His officers were not consulted ; nor did he make any stipulations for the honours of war for his army, or any provision for the safety of his Canadian allies. All the public property was given up ; the regular troops were surrendered as prisoners of war ; the militia were to return to their homes, and not to serve again during the war, un- less exchanged. One of the reasons stated by Hull for his precipi- tate measures, was the absence of the detachment under M 'Arthur and Cass, which weakened his army, as they constituted one full quarter of his effective force, and their situation exposed them to be entirely cut off. At his particular request, they were included in the capitulation ; as was also the party with provisions under Captain Brush. Cass and M 'Arthur arrived immediately after the capitulation, and surrendered agreeably to its con- ditions. Captain Brush, having learned the cir- cumstances of the surrender from some Ohio militia, took the resolution not to regard its stipulations ; and accordingly marched his party back to Ohio. The number of effective men at Detroit, at the time of its surrender, is stated by General Hull in his official report, not to have exceeded 800 ; while the force of the enemy is said to have been at least double the number. General Brock in his report to Sir George Prevost, states his force to have been 1300. of whom 700 were Indians. General Hull being exchanged, was prosecuted by the government of the United States, and ar- raigned before a tribunal, of which General Dear- born was president. He was by this tribunal acquitted of treason, but sentenced to death for cowardice and unofficer-like conduct. The criminal under sentence of death was not, however, impri- soned, but sent without a guard from Albany, where the court-martial assembled, to his residence in the vicinity of Boston, to await there the decision of the president of the United States ; to whose mercy the court, in consequence of his revolutionary services, recommended him. The president remitted the punishment of death, but deprived him of all mili- tary command. Successes of the Americans at sea Situation of the forces on the New York frontier Affair of Queens- townHarrison takes command of the north- western army Hopkins' expedition The Americans invade Canada The capture of the Frolic And other vessels. On the 19th of August, three days after the dis- graceful surrender of Detroit, an event occurred, which, in a measure, healed the wounded pride of the Americans. This was the capture of the British frigate Guerriere, under the command of Captain Dacres, by the American frigate Constitution, com- manded by Captain Hull. The captain of the Bri- tish frigate, previous to the rencontre, had chal lenged any American vessel of her class, and the officers, in various ways, manifested their contempt Of " the Yankees." On the approach of the Gure- rit're, Captain Hull gave orders to receive her oc- casional broadsides without returning the fire, and bis crew calmly obeyed his orders, although some of their companions were falling at their guns. Hav- ing his enemy near, and his position favourable, Hull commanded his men to fire broadside after broadside, in quick succession. This was done, and with such precision and effect, that in 30 minutes the Guerriere had her masts and rigging shot away, and her hull so injured, that she was in danger of sinking. Sixty-five of her men were killed, and 63 wounded. Knowing that a few more broadsides would carry his ship to the bottom, Captain Dacres struck his colours. The Constitution sustained but little injury. Her loss was seven killed and seven wounded. The American frigate had a small su- periority in the number of her guns, yet by no means in proportion to the superior advantage she obtained. The captured vessel was so much injured, that she could not be got into port, and was burned. Every mark of honour and distinction was paid to the gallant rrew by their grateful countrymen. Several of the officers were promoted by congress, and 50,000 dollars were distributed among the crew as a recompense for the loss of the prize. Soon after, another naval victory was announced. On the 7th of September, Capta'in Porter, of th > United States frigate Essex, entered the Delaware, after a successful cruise, in which, among other prizes, he had captured a British sloop of war. This was the Alert, commanded by Captain Laugharne, which was encountered off the Grand Bank of New- foundland, and taken after an action of eight minutes, the British having three men wounded. The operations of the frontier of New York were, as has been remarked, under the direction of Gene- ral Dearborn, the commander-in-chief, whose head- quarters were still at Greenbush. Brigadier-general Bloomfield commanded the force at Plattsburg; and Brigadier-general Smyth was now in command at Buflaloe. The militia of the state of New York, then in the service of the United States, amounting to about 5000 men, under General Van Rensselaer, were mostly stationed on the Niagara frontier. Bodies of regulars and militia were also stationed at Black Rock, Sackett's Harbour and Ogdensburg. General Van Renssalaer made his head-quarters at Lewiston, on the Niagara river. The militia de- manded to be led against the enemy, and the ge- neral determined to gratify them by attacking Queenstown, a fortified post of the British, on the opposite side of the river. On the llth of October, he attempted to cross the Niagara, but the weathei being tempestuous the attempt was defeated. In the evening of the 12th, the army was reinforced by 300 regulars, under the command of Colonel Christie. On the morning of the 13th, the attempt was again made to cross the Niagara, and succeeded. One division of the troops was commanded by Colonel Solomon Van Rensselaer : the other was the divi- sion of Colonel Christie, and consisted of the same number of regulars. These were to be followed by Colonel Fenwick's artillery, and the residue of the army. The first party which effected a landing, was that of Colonels Van Rensselaer and Christie, which had crossed about four o'clock in the morn- ing, just before the dawn of day. As soon as the detachments landed, they were formed by order of Colonel Van Rensselaer, (Colonel Christie not. hav- ing crossed with his men,) for the purpose of storm- ing the heights of Queenstown. While waiting for orders to ascend the heights, ON1TED STATES. 1109 the American troops were attacked bythe enemy on either flank. They were however met and repulsed ; but they still kept up a fire which enfiladed the ranks of the Americans, of whom a considerable number were killed and wounded. The brave Co- lonel Van Rensselaer was wounded severely ; it was then supposed mortally. Captain Wool, on whom, as senior officer of the regular troops, the command devolved, was also wounded by a ball, which striking him sideways, passed between his thighs. Seeking the disabled Rensselaer, Wool represented to him the criti- cal situation of the troops ; and, notwithstanding his wound, volunteered for any service which might relieve them. Colonel Van Rensselaer directed, as the only effectual measure, the one first proposed, that of storming the British battery upon the heights. Wool conducted his force silently and cir- cuitously, leaving the battery to his right, until he had passed it and attained an eminence which com- manded it. The British finding that resistance would be in vain, left it to the Americans, and re- treated down the heights to Queenstown. Elated with their success, the Americans had fallen into disorder, when they again beheld their foe advancing. The intrepid Brock was at their head, with a reinforcement of about 300 men from fort George. An officer raised a white flag, in token of surrender : Wool indignantly pulled it down. To keep the British at bay until he could form his men, he dispatched a body of 60 men, who ad- vanced, but retreated without firing a gun. The British followed, and drove the Americans to the brink of the precipice. One soldier was about to descend: Wool ordered him to be shot; but as the musket was levelled, he returned. Thus prohibiting either surrender or retreat, and being ably seconded by his officers, Wool rallied and led on his troops to the attack. The British in their turn gave way, and retreated down the hill. Brock attempted to rally them amidst a galling fire from the Americans ; but in the attempt this brave and gallant officer was mortally wounded. His party no longer attempted resistence, but fled in disorder. Soon after, General Van Rensselaer, Colonel Christie and the other officers who had been expected, joined their forces to the gallant band under Captain Wool. That officer, faint with the loss of blood from his wound, crossed the river. Several others who were wounded, and also some prisoners taken in the battle, were carried over. The Americans on the heights considered the day as their own, when they were attacked by a body of British and Indians, probably amounting to 1000, under General Sheaffe, who had followed the energetic Brock at a slower pace, from fort George. The battle becoming warm, and the Americans being hard pressed, General Van Rensselaer recrossed the Niagara, for the purpose of bringing over the militia, who were on the op- posite bank. But those who in the morning had evinced so much courage and ardour in the prospect of a bat- tle, having looked upon the blood of their wounded companions who had been brought over, now be- came utterly regardless of the commands, nay, even the most urgent entreaties of their general, to go to the relief of their brethren. Two thousand five hundred of the militia remained idle spectators of -the combat ; and to their cowardice may be attributed the defeat which ensued. For their conduct they had since morning found an excuse by declaring it to be unconstitutional to oblige the militia to make offensive war ; and they now fancied it would be wrong for them to cross the national boundary. The troops already on the Canadian shore de- fended themselves bravely, but were at length over- powered and obliged to surrender. Sixty of the Americans were killed, 100 wounded, and 700 sur- rendered themselves prisoners of war. Ohio and Kentucky, particularly the latter, had aroused at the call of Hull for assistance, and an army on its march for Detroit was in the southern part of Ohio, when the news met them of the sur- render of that post. This news rather stimulated than repressed the ardour of the brave and patriotic inhabitants of the west. They continued their efforts in raising troops, until Kentucky is said to have put on foot 7000, and Ohio nearly half that number. These had volunteered ; nor were they all who had stepped forward, and offered their blood and toil for the honour of their country. Pennsylvania and Virginia also sent their bodies of volunteers to the aid of their brethren in the west. But the experi- ence and skill of the officers, the discipline and subordination of the troops, were not equal to their zeal and courage. On the 24th of September, William Henry Harrison, governor of the Indiana territory, and brigadier-general in the army, 'who possessed more than any other man the confidence of the western citizens, was appointed by congress to the command of the whole of these forces. They had already ad- vanced to the north-western part of Ohio ; their ge- neral plan of operation being to protect the country against the incursions of hostile savages, and to re- gain the ground lost by Hull's surrender. The main division, consisting of 3000, com- manded by Harrison in person, was at this time at the river St. Mary's. Another division, under General Winchester, consisting of 2000, had pene- trated as far as fort Defiance; but they were in want of provisions, and had sent to Harrison for re- lief. That general immediately marched with a con- siderable part of his troops, and on the 3rd of Octo- ber joined General Winchester at fort Defiance. He returned the next day to St. Mary's, having pre- viously ordered General Tupper, with 1000 of the Ohio militia, to proceed to the rapids of the Miami, to dislodge the enemy, and take possession of that place. A want of experience on the part of the offi- cers, and of proper subordination on that of the troops, produced a failure in this, and another at- tempt made by the same officer ; and the British still retained possession of that post. The Indians in the Indiana territory were, in the meantime, manifesting a hostile spirit. On the 4th of September, fort Harrison, on the Wabash, was attacked by several hundred of these savage foes. Captain Taylor, with a garrison of 50 men, only fif- teen of whom were effective, it being a time of sick- ness, repelled the assailants with great intrepidity, killing a considerable number, while he lost only three of his own men. The savages, irritated at this defeat, surprised and massacred a settlement consist- ing of 21 persons, men, women, and children, at the mouth of White river. Governor Shelby, of Kentucky, issued an address, calling for an additional number of mounted volun- teers, for the defence of the territories of Indiana and Illinois. On the 2nd of October, more than 2000 had assembled at Vincennes. This body was placed un- der the command of General Hopkins On the 10th they arrived at fort Harrison. Here th destruc- 1110 THE HISTORY OF AMERICA. lion of the Kickapoo and Peoria towns was pro- posed, and the plan meeting with general approbation, the troops set forward for its execution. On the fourth day of the march, the army being in an ex- tensive prairie of dried grass, perceived suddenly alarming volleys of smoke and flame advancing with the wind. The Indians had set fire to the long thick grass of the prairie. The Americans immediately resorted to the only expedient which could save the army. They set fire to the grass in an opposite di- rection, whose flames the wind carried from them, and then marched on to the ground thus cleared of combustibles. This operation is called setting aback fire, and is frequently necessary. The Indians often resort to this measure to distress an enemy. The militia became mutinous, and a major, named Singleton, apparently wishing to bring on a quarrel with the general, rode up to him as the troops were resting, and ordered him, in a peremptory manner, to take up his line of march, or his battalion would instantly leave him. Hopkins called a council of the officers, who agreed to take the sense of the army as to the propriety of returning. The majority were in favour of that measure ; but Hopkins, who en- tirely disapproved the measure, notwithstanding the vote of the army, put himself at their head, and com- manded them to follow him, promising to lead them in one day more to the accomplishment of their ob- ject. But they turned their faces in the opposite di- rection, and marched towards home, the general fol- lowing in the rear. Thus, in consequence of in- subordination, this expedition, which commenced with so much individual patriotism, produced nothing in the event but public disgrace. Another expedition, for a similar object, conducted with better success, by the same officer, was under- taken. With a force of 1000 men, mostly regulars and militia, he left fort Harrison, and, on the 19th of November, destroyed the Prophet's town, and a Kickapoo village, four miles distant; these places having been previously evacuated by the inhabitants. A skirmish took place between a party of the militia and an ambuscade of Indians, in which eighteen of the militia were killed. General Hopkins endea- voured to draw on a general action, but failing in this, he returned to Vincennes. Colonel Russell, in a similar incursion, with 300 regulars, surprised and destroyed a town called the Pimertams. He drove the Indians into a swamp, killed twenty of thorn, and brought off 80 horses. About the same time, another expedition was un- dertaken by Colonel Campbell, of the regular army, with 600 men. On the 17th of November, he marched against the towns of the Mississenema, succeeded in destroying them, and overawing the Indians. No operations of very great importance were un- dertaken by the northern army, during this cam- paign. In September, a detachment of militia from Ogdensburg, attacked a party of the British, who were moving down the St. Lawrence, and defeated them. They were reinforced, and, in their turn, compelled the militia to retire. In retaliation, the British attempted the destruction of Ogdensburg, on the 2nd of October ; but they were repulsed by Gene- ral Brown, the energetic commander at that sta- tion. On the 22nd of October, Major Young, who com- manded a detachment of the New York militia, at French Mills, made an attack upon the British at the Indian village of St. Regis. The Americans, with- out the loss of a man, killed five of the British, and took 40 prisoners. On the 16th of November, the army at Plattsburjj moved towards the Canada frontier, and encamped at Champlain. On the 18th, General Dearborn took the command. Soon after, Colonel Pike, with hi* regiment, made an incursion into the territory of the enetny, surprised a party of British and Indians, and destroyed a considerable quantity of public stores. It had been expected that the army in this direc- tion would invade Canada, but the failures on the Niagara frontier and at Detroit, prevented the co operation of these armies ; and, on the 23rd, the troopi at Plattsburgh went into winter-quarters. On the 12th of November, General Alexander Smyth, who succeeded General Van Reusselaer, in the command of the army of the Centre, issued an inflated address to " The Men of New York," assur- ing them that, in a few days, he should plant the American standard in Canada, and inviting them to "come on," and share the glory of the enterprise. A considerable number volunteered, probably how- ever, more from their confidence in the character of General Porter, who was to be associated with Smyth, and who was to command the volunteers, than from the effect of that general's ridiculous and bombastic appeal. Preparatory to crossing the army, General Stnyth sent two parties, on the night of the 27th of November, one under Colonel Bcerstler, and the other under Captain King, who was accompanied by Lieu- tenant Angus, of the navy, with a small but valiant band of marines; the whole under the direction of General Winder. The party under Boerstler whose object was to destroy a bridge, went several miles down the river, dispersed the enemy, made several prisoners, but returned without having accomplished their object. That under King, who were ordered to attack the batteries opposite Black Rock, per- formed the service in a most gallant manner. Nine out of twelve of the naval officers who embarked in the affair, and half the seamen, were either killed or wounded. They had dispersed the enemy, rendered useless their arnllery, and prepared the way for the safe landing of the army who had been ordered to embark at lleveiile; but delays occurred, and they were not embarked till noon. General Smyth, at this time, ordered them to disembark to dine. It was then found that there were not sufficient boats to carry over 3000 men at once, as had been the order* of the secretary of war; and the General, amidst the murmurings of the army, concluded to postpone the invasion. Most of the brave men who crossed, suc- ceeded in returning ; but some were made prisoners, among whom was Captain King. Not finding boats enough to cross over bis whole party, he sent all his officers and part of his men, but would not desert the remainder, and was captured with them. On the 30th of November, General Smyth again ordered the troops to embark the next morning, for the purpose of fulfilling his pledge of planting the standard of America on the shores of her enemy. They did not go on board the boats as early as was expected, and again the general failed of embarking three thousand at once. The fate of the day at Queeustown, (honourable to America in comparison with this,) seems to have been in his mind, and he had no confidence that those who remained behind would cross at all, it' those who went over should b<- in danger. Ho, therefore, disgracefully abandoned, without an effort, the enterprise hn had so boast- ingly pledged himself to perform ; ordered his troops to d'isembark, the regulars to go into winter-quar- ters, and t.he volunteers to return to their homo. A scene of not and confusion cutued. Four thousand UNITED STATES. 1111 men, indignant, and perfectly uncontrolled, were discharging their muskets in every direction, made this a more dangerous field than they would proba- bly have formed on the territory of the enemy. On the 18th of October, the American sloop of war, Wasp, commanded by Captain Jones, encoun- tered the British sloop of war, Frolic, under the di- rection of Captain Whinyates, off the island of Ber- muda. Both vessels had suffered injuries from a re- cent storm, but the British was superior in weight of metal. The American at first received the fire of her enemy, at the distance of 50 or 60 yards, but gra- dually lessening this distance, she fired her last broad- side so near, that her rammers, while loading, were shoved against the side of the Frolic. Captain Jones then boarded her, but he trod her deck amidst the dead and dying, without finding a private in arms to oppose him. Three officers and the seamen at the wheel were all that were found alive on deck. Of the whole crew, consisting originally of 120, all, ex- cept twenty, were either killed or wounded. The Americans had five killed and five wounded. Cap- tain Jones did not long enjoy his bloody triumph. Two hours after the battle, a British 74, the Poic- tiers, took both the Victor and his prize, and carried them both into Bermuda. On the return of Cap- tain Jones and his officers, they were hailed by their countrymen with the most distinguishing marks of honour. His crew received 25,000 dollars, and himself the command of a frigate, the captured Ma- cedonian. On the 25th of October, the frigate United States, commanded by Decatur, whose conduct in the Me- diterranean had already made him regarded as one of the first officers of the American navy, captured the British frigate Macedonian, commanded by Cap- tain Garden. The engagement took place, where the 29th of north latitude intersects the 29| degrees of west longitude, and continued an hour and a half. The Macedonian being to the windward, had the advantage of choosing her own distance, which, for the first half hour, was so great, that the carronades of the American frigate were useless. When the Macedonian came to close action, the rapid and well- directed fire of the United States proved fatal to her men, swept her masts and spars, and left her an " unmanageable log ;" and the British captain re- luctantly ordered the broad flag of his nation to be furled. When he offered his sword to Decatur, that officer refused to take it " from one who knew so well how to use it," but asked instead, to receive the friendly grasp of his hand. The loss in killed and wounded, on the side of the Americans, was only twelve, while that of the British was 104. The naval campaign of this year closed with another American victory, equal in brilliancy to any which had preceded. On the 29th of December, the fortunate Constitution, now commanded by Com- modore Bainbridge, descried off the coast of Brazil, the British frigate Java, of 49 guns, and 400 men, commanded by Captain Lambert. The action con- tinued nearly two hours. The Constitution had nine- teen men killed, and 25 wounded, but she had shot away the masts of the Java, killed 60 of her men, and'wounded 101. The British colours, which, after every spar was gone, had been nailed to the stump of a mast, were at length torn down. Nor were these successes confined to armed ves- sels. The swift sailing privateers, which issued from every American port, succeeded in capturing vessels of a superior force, and in harassing and destroying the English commerce. Nearly 250 British vessels were captured, and 3000 prisoners were taken, while but comparatively few of the American privateer* fell into the hands of their opponents. In reviewing the results of the campaign of 1812, we find on land a series of disgraceful failures on the part of the Americans. This disgrace is however re- lieved by occasional flashes of valour, the most re- markable of which was that exhibited by Captain Wool, upon the heights of Queenstown. These failures were the more mortifying to the Americans, because their superiority in numbers, over the small British force in Canada, was known to be great ; and they confidently expected, that at least all Upper Canada, would fall into their hands during the first campaign. But the ill success of the Americans on land was counterbalanced by a series of naval triumphs, equally unexpected, and more injurious to their op- ponents, than even their land defeats were to the United States. America makes overtures of peace Connecticut and Massachusetts refuse to furnish tooops Congress assembles Acts passed- Madison re-elected presi- dentPlan of the campaic/n Massacre at French. Toum Fort Meigs besieged The Six nations de- clare war against Canada Fort Stephenson be- sieged Proctor repulsed. In the civil and political transactions of bellige- rent powers, we find the causes of their military movements. On the 23rd of June, five days after the declara- tion of war, the British government repealed the orders in council. No sooner had the United States declared war against Great Britain, than Mr. Monroe, secretary of state, in his letter of June 26th, directed Mr. Russell, charge d' affaires at the court of St. James, to state to the British government, that America had entered upon this contest with reluctance, and was ready to make peace as soon as the wrongs of which she justly complained were redressed. Mr. Russell was authorized to negotiate an armistice by sea and land, on the condition, that the orders in council should be repealed ; the impressment of American seamen discontinued, and those already impressed restored : and as an inducement to discontinue their practice of impressment, the American government pledged themselves to pass a law, prohibiting the employment of British seamen, either in the public or commercial service of the United States. These propositions being made by Mr. Russell, Lord Castlereagh, the British minister, on the 29th of August, communicated to him their rejection by his government ; at the same time, informing him that measures had been taken to authorize Sir John Borlase Warren, the British admiral on the Ameri- can station, to propose to the United States an immediate and reciprocal cessation of hostilities ; and in that event, to assure them that full effect should be given to the provisions for repealing the orders in council. On the subject of impressment, Lord Castlereagh said the British government were ready, as heretofore, to receive from the government of the United States any proposition which might check the abuse of the practice, but they could not consent to suspend the exercise of a right, upon which the naval strength of the empire materially depended, until they were fully convinced other means could be devised and adopted, by which the object to be obtained by impressment could be se- cured. 1112 THE HISTORY OF AMERICA. While this correspondence was going on in Eng- land, negotiations were also carried on in America. The advantage which was taken by Sir George Pre- vost, of the arrival of the intelligence that the Bri- tish had repealed their orders in council, in procur- ing from General Dearborn the partial and tempo- rary armistice of the 8th of August, has already been noticed in treating of the causes of the misfor- tune and disgrace of General Hull. General Dearborn doubtless supposed, that the object of the British was " to seek peace in the spirit of peace," not gain an advantage in carrying on the war. This appears from his letter to the se- cretary of war, of which the following is an extract : " SIR : Colonel Baynes, adjutant-general of the British army in Canada, has this day arrived at this place, in the character of a flag of truce, with dis- patches from the British government, through Mr. Foster, which I have enclosed to the secretary. Colonel Baynes was likewise bearer of dispatches from Sir George Prevost, which are herewith en- closed. Although I do not feel myself authorized to agree to a cessation of arms, I concluded that I might with perfect safety agree that our troops should act merely on the defensive, until I could receive directions from my government; but as I could not include General Hull in such an arrangement, he having received his orders directly from the depart- ment of war, I agreed to write to him, and state the proposition made to me, and have proposed his con- fining himself to defensive measures, if his orders and the circumstances of affairs with him would justify it. Colonel Baynes has written similar orders to the British officers in Upper Canada, and I have forwarded them to our commanders of posts, to be by them transmitted to the British commanders." From this it appears that the views of the gene- ral were truly pacific ; but it also shows, in con- nexion with the events of the history, that he was doubly deceived. He himself sent the orders of Colonel Baynes to the British officers in Upper Canada ; orders which gave them the information that they had no enemy to fear on the New York frontier, but were at liberty to bend their whole force against Hull. On the 30th of September, Sir John Borlase War- ren, then on the Halifax station, addressed a letter to Mr. Monroe, apprising him of the revocation of the orders in council, proposing a cessation of hos- tilities, and threatening in case of a refusal, that the obnoxious orders should be revived. The American government had, in the mean time, been made ac- quainted with the failure of Mr. Russell's negotia- tion ; and Mr. Monroe replied to Sir J. B. Warren, that America could not hope for a durable peace, until the question of impressment was settled. " The claim of the British government," says Mr. Monroe, " is to take from the merchant vessels of other countries British subjects. In the practice, the commanders of the British ships of war often take from the merchant vessels of the United States, American citizens. If the United States forbid the employment of British subjects in their service, and enforce the prohibition by suitable regulations and penalties, the motive for the practice is taken away. It is in this mode that the president is willing to accommodate this important controversy with the British government, and it cannot be conceived on what ground the arrangement can be refused. He .s willing that great Britain should be secured against the evils of which she complains ; but he seeks, on the other hand, that the citizens of the United States should be protected against a prac- tice, which, while it degrades the nation, deprives them of their rights as freemen, takes them by force from their families and country into a foreign ser- vice, to fight the battles of a foreign power, perhaps against their own kindred and country." The British admiral having no powers to enter on the question of impressment, nothing further re- mained to America, but to exchange the pen for the sword. The warmth of party feeling had increased throughout the Union. Notwithstanding much bravery had been exhibited by individual officers and soldiers, still the army had failed in the accomplish- ment of any important object. The enemies of the administration declared, that the ill success of the war was owing to the inefficient measures of the government in providing means for its prosecution ; while its friends attributed the failure to the inter- ference of the opposite party. Both were right in degree ; as the government, wholly inexperienced in providing for the exigencies of war, probably failed in many respects of making judicious and seasonable provisions ; and all its difficulties were in- creased by the ungenerous and almost treasonable opposition which it encountered. But had the ex- pectations which, previous to the war, were enter- tained with regard to the efficiency of the militia system, been realized, and had the affairs of the army been managed well by the agents of govern- ment, its provisions, notwithstanding the inveteracy of its opponents, would have been sufficient to pro- duce very different results from those which were actually experienced. It ought to have been re- membered, that the United States were uudergoing the trial of a great political experiment. Their constitution, which had succeeded in peace, had not been tested in war ; and many had predicted that it would then be found inadequate for public safety, and that the unwieldy mass of its incongruous parts would fall asunder. The government, in respect to the efficiency of the militia, were in nowise to blame for expecting what the wisest of the American patriots, and the great body of the people did expect before the war, the events of which have given rise to the general impression, which has since prevailed, that the mili- tia, although they may be useful for defence, and annoy an enemy in desultory warfare, are not calcu- lated for offensive operations or field engagements. But before we too much depreciate the militia sys- tem, we should consider that an army organized on any plan, totally undisciplined, and both officers and men wholly inexperienced, could not be expected to stand their ground at first, or operate successfully against experienced officers and veteran troops. The most alarming opposition to the national go- vernment, was not, however, that arising from mere individual clamour. The states of Massachusetts and Connecticut had been officially requested by the president, to furnish detatchments of their militia, and place them under General Dearborn, for the defence of the maritime frontier. The constitution gives to congress power to demand the services of the militia, " for the exe- cution of the laws, the suppression of insurrections, and the repelling of invasions;" and also declares, " that the president shall be commander-in-chief of the militia of the several states, when called into the service of the United States." These states re- fused to furnish the required detachments, on the ONITED STATES. 1113 ground that the state governments ought to deter- mine when the exigencies of the nation require the services of their militia. They also decided that it was unconstitutional for the president to delegate his power to any officer not of the militia, and who was not chosen by the respective states. This construc- tion of the constitution was favoured by the deci- sion of the supreme court of Massachusetts ; and as, in their opinion, exigencies did not exist which re- quired the service of the militia, they refused to obey the call of the president. The sea-coast of these states, and, also, of Rhode Island, which state subsequently adopted the same views, was thus de- prived of an important means of defence ; and public feeling was agitated with apprehensions of a civil, as well as a foreign war. It was probably owing to this feeling, more than to any other cause, that, notwithstanding the ill success of the army, the result of the election of president was not only favourable to Mr. Madison, but showed a diminution of the federal, and an in- crease of the republican party. Congress assembled on the 4th of November, after an unusually short recess. The increase of the army and navy early occu- pied their attention. As a greater inducement to enlist, an act was passed on the 21st of November, by which an addition of two dollars per month was made to the pay of the non-commissioned officers and privates ; by which, also, they were exempted from arrest for debts contracted either before or after enlistment. By another act, 25 dollars were given in addition to the existing bounty, to each re- cruit who would enlist for five years. On the 30th of November, a bill was reported to the senate, and soon after passed that body, au- thorizing the construction of four ships, carrying each 74 guns, and six frigates, each of 44 guns. This species of armed vessels was strongly recom- mended by Captains Hull, Stewart, and Morris. Subsequently on the 22nd of February, a supplemen- tary act was passed, authorizing the increase of the navy on the lakes. (1813.) On the 14th of January, abill passed, author- izing the president to increase the military force, by ing such a number of regiments of infantry, not ex- ceeding twenty, as the service might require. As but little benefit had resulted from the employment of volunteers, the law was repealed which autho- rized the acceptance of their services. By the same act, the force was increased for the protection of the frontier. On the 26th, a bill passed, authorizing a loan of 16,000,000 dollars, for the year 1813, and, the fol- lowing day, another was passed, giving to the pre- sident power to issue treasury notes to an amount not exceeding 5,000,000 dollars. On the 29th, congress passed a law, declaring, that no seaman should be employed in American vessels but native citizens of the United States, or those who had become naturalized. This law was to be carried into effect at the close of the war. The regular force of the United States now amounted to nearly 55,000 men. An act was passed on the 13th of February, by which, in addition to the officers of an inferior grade, six major-generals and six brigadiers were appointed. On counting the votes, it was found that James Madison had been re-elected president, and Eltridge Gerry chosen vice-president, for the ensuing term of four years ; and they were accordingly, on the 4th of March, inaugurated into office. The scene of military operations during the year 1813, comprehended the whole extensive northern frontier of the United States. At the opening of the campaign, the army of the west, under General Harrison, was placed near the head of lake Erie ; the army of the centre, under General Dearborn, between the lakes Ontario and Erie ; while the army of the north, under General Hampton, occupied the shores of lake Champlain. The invasion of Canada was still the object of the American armies ; and the force which Sir George Prevost, the viceroy of Ca- nada, could bring to oppose them, was comparatively small. The defence of the upper provinces was committed to Colonels Proctor and Vincent, while the command of the troops of Lower Canada was given to General Sheaffe, who was, however, to act under the more immediate direction of the governor himself. The head-quarters of General Harrison were at this time at Franklinton, in Ohio. General Win- chester had proceeded in advance of the main army, and hearing that a party of British were stationed at Frenchtown, he attacked and dispersed them. He remained at Frenchtown with apart of his troops encamped in the open field, the remainder being behind a breastwork. On the morning of the 22nd of January, he was surprised by a combined force of British and Indians, under the command of Co- lonel Proctor, and the Indian chiefs Roundhead and Split-log. That part of the American force which encamped in the'open field, were soon thrown into disorder. General Winchester and the other officers in vain attempted to rally. Many of them, unable to make their escape, were killed by the Indians. General Winchester and Colonel Lewis were taken prisoners. The American troops, how- ever, continued fighting with great intrepidity, until they received General Winchester's order to sur- render. That general had sent this mandate, on being assured by Colonel Proctor, that if the Ame- ricans would surrender, they should be protected; otherwise he should not be responsible for the con- duct of the Indians. The promised protection was not, however, granted. Colonel Proctor marched for Maiden, leaving behind him and without a guard, the wounded prisoners. The merciless sa- vages soon returned, set fire to the town, dragged the wounded from the houses, scalped them in the streets, and left their mangled bodies in the highway. In this melancholy affair the Americans lost in killed and wounded about 500 ; a number equal to the slaughtered were made prisoners of war. They were principally volunteers from the most respect- able families of Kentucky ; and this bloody day clothed that state in mourning. The loss of the British, as stated by Colonel Proctor, was 24 killed, and 158 wounded. General Harrison now removed his head-quarters from Franklinton, to a fort which he had built at the rapids of the Miami, named in honour of the governor of Ohio, fort Meigs. He was here be- sieged on the 1st of May, by Colonel, now General Proctor, with a force of 1000 regulars and militia, and 1200 Indians. The American army, occupying a commanding position and strongly intrenched, resisted the efforts of the besieging army. Their fate, however, hung in suspense, when on the morning of the 5th, an officer arriving at the fort, announced the intelligence that General Clay, from whom he came, was with 1200 Kentuckians, descending the Miami, and at that moment was but a few miles distant. Conceiving that the British 1114 THE HISTORY OF AMERICA. army was now in his power, Harrison sent orders to land one half of the advancing force on the side of the river opposite to the fort, to co-operate with him in forcing the British batteries. Colonel Dud- ley, with a party of 800, was charged with this service ; and he performed it with so much spirit, that in a few minutes he was in possession of the batteries of the besiegers, and had taken several prisoners ; but his troops, unduly elated, pursued the British until they were drawn into an ambus- cade prepared for them by the Indian Tecumseh. The whole party, with the exception of 150, were cut off. Dudley strove in vain to rescue his troops ; and when mortally wounded, he still continuedHhe contest, and killed an Indian warrior before he fell himself. In the mean time a sortie from the fort, under Colonel John Miller, brought on a general engag ment, in which the British were defeated. The Indian warriors, either displeased at their want of success, or desirous to display their trophies to their several tribes, and to gratify their thirst for blood by the immolation of a portion of their captives, now withdrew from the army of Proctor, notwithstanding the entreaties of Tecumseh, who was himself ever faithful to the cause which he espoused. Thus situ ated, Proctor, on the 9th of May, raised the siege of fort Meigs and retreated to Maiden. General Harrison returned to Ohio, leaving General Clay in command. In July, the Six Nations declared war against the Canadas. About the same time, the United States accepted the services of some of the other tribes. The American government at the commence- ment of the war, deprecating the policy of employ- ing savage allies, and considering the power which employed them as responsible for their known bar- barities, had refused the services of such as had offered, and had uniformly advised them to remain neutral. This advice had in many cases given of- fence to the savages, being construed as implying a disrespect of their valour. It had been found that such was their fondness for war, that the only alter- native for the administration was to receive their hostile efforts upon the heads of their own inhabi- tants, or turn them upon their enemy; and from these reasons, the Americans at length consented that they should " take hold of the same tomahawk," and make common cause with them. On the 20th of July, Proctor, having again col- lected about 500 of his Indian allies, with about as many regulars, marched against fort Stephenson, on the Sandusky river. On the 2nd of August he invested it, and demanded a surrender. Major Croghan, a gallant youth of 21, with a garrison of 160, took the resolution of defending the fort to the last extremity, notwithstanding the threat, which in former instances had been found so potent, that after the contest had commenced, the Indians could not be restrained. By his judicious measures, and the courage and promptness of the officers and men, Proctor was repulsed with a loss of 150 ; the Ame- ricans losing only one killed and seven wounded ; and the English general returned to Maiden ; and no military operation of consequence was under- taken, until the Americans, having command of the lakes, were able to act offensively. Attack on Oydensburg Chauncey prepares a fleet on lake Ontario York attacked by the Americans General Pike killed York surrenders Chandler and Winder captured Perry's victory on lake Erie Battle of the Thames Delaware and Chesapeake bays in a state of blockade Admiral Cockburn car- ries on a predatory warfare New York and New London harbours blockaded. We now go back several months to give a view of the operations of the contending armies on the New York frontier. Early in February, Major Forsyth, an enterpris- ing partisan officer, who commanded some American troops stationed at Ogdensburg, crossed the St. Lawrence with a party of his riflemen and some vo- lunteers, surprised the guard at Elizabethtown, and took 52 prisoners, together with a quantity of arms and ammunition. On the 22nd of February, (1812,) Sir George Prevost, who had recently arrived at Prescott, di- rected an attack upon Ogdensburg, which was made on the same night by a corps of 500 regulars and militia, under Major Macdonnal. The Americans refused to surrender at their summons, and notwith- standing they were much inferior in numbers, they fought with great bravery for an hour, when they were compelled to retire, and abandon their artillery and stores to the British. Two schooners, two gun- boats, together with the barracks, were committed to the flames. Pursuant to the law passed by congress, early efforts were made to build and equip fleets upon the lakes. The preceding year the Americans did not possess a single armed vessel on lake Erie, and none on lake Ontario save the brig Oneida, of sixteen guns. On the 8th of October, 1812, the gallant Captain Elliot, with 100 men, embarked in two boats, crossed the Niagara from Black Rock, and took two British brigs from under the guns of fort Erie, from which a heavy fire was kept up upon his party. One of these brigs, called the Detroit, was burned; the other, the Caledonia, was added to the American naval force. It was in 1812 that Commodore Chauncey was sent by the government to take the command on the lakes. He arrived at Sackett's Harbour on the 6th of October. By great exertions he had succeeded in preparing a flotilla to aid in the operations of the ensuing campaign. Its first important service was that of transporting General Dearborn from Sackett's Harbour to York, the capital of Upper Canada, which that general, by the advice of General Pike, a much valued officer, had determined to attack. He embarked with 1700 men, and on the 27th of April arrived before York. The force of the enemy consisted of 700 regulars and militia, and 100 In- dians, under General Sheaffe. These troops had collected near the place of debarkation, which was nearly a mile and a half from the fort. Major Forsyth was the first who landed. General Pike, to whom the command of the attack had been given, soon followed with the remainder of the troops. After a severe contest of half an hour, the British re- peated to their works. The Americans formed, ad- vancing in columns. They had destroyed one of the batteries, and were within 60 yards of their main works, when the tremendous explosion of a magazine, at 200 yards' distance, filled the air in every direction with huge stones and fragments of wood, which falling, caused a dreadful havoc among ;he troops. One hundred of the Americans and 40 >f the British were killed. General Pike fell mor- ally wounded. Finding resistance unavailing, Ge- leral Sheaffe with the regulars retreated towards Kingston, leaving the commanding officer of the mi- "itia to make the best terms in his power. Th UNITED STATES. Americans soon recovered from the shock produced by the explosion, and proceeded under Colonel Pearce to take possession of the enemy's barracks. The outlines of a capitulation were soon agreed on, and the Americans took possession of the town. Ge- neral Pike survived his wounds but a few hours ; and General Dearborn in person now took the command of the troops. The loss of the British was 90 killed, 200 wounded, and 300 prisoners, besides 500 militia released upon parole. A great quantity of stores was likewise found here, as York was the naval and military depot for all Upper Canada. General Sheaffe's baggage and papers fell into the hands of the Americans. On the 8th of May, General Dearborn evacuated the capital of Upper Canada, and having crossed the lake for the purpose of leaving the wounded at Sack- ett's Harbour, again set sail and disembarked his troops at Niagara. The army at Niagara having been reinforced, Ge- neral Dearborn re-embarked, and on the morning of the 27th of May proceeded to attack fort George. The landing was warmly disputed by the British un- der Colonel Vincent, but the coolness and intre- pidity which the American troops displayed, led on and encouraged by General Boyd, soon compelled the enemy to give way in every direction. Com- modore Chauncey had made the most judicious ar- rangements for silencing their batteries near the point of landing. Colonel Vincent, perceiving that the fort would soon become untenable, set fire to his magazine, spiked his guns, and abandoned the place; not, however, until he had sustained a loss of 300 men. The loss of the Americans was seventeen killed and 45 wounded. The capture of fort Erie speedily followed that of fort George. Lieutenant-colonel Preston took pos- session of this fort on the 28th, it having been pre- viously abandoned by the British, and the magazine blown up. The British governor had not been an idle spec- tator of these successes. Having arranged his plan of operation with Commodore Yeo, the commander of the British fleet on lake Ontario, he embarked at Kingston on the 27th of May, appeared before Sackett's Harbour on the 28th, and landed 1200 men. General Brown immediately rallied the militia, and compelled Sir George to abandon the enterprise and return to Canada. After the fall of fort George and fort Erie, Colonel St. Vincent had retired with his army to Burlington Heights, near the head of lake Ontario. He was pursued by a force which General Dearborn had de- tached for the .purpose, under Generals Chandler and Winder. Colonel St. Vincent having recon- noitred their position, formed his plan of attack. At the dead of night he stole unperceived upon the Americans, drove in the pickets, and with the roar of artillery and the dreadful yell of the Indians, rushed upon the camp. A scene of confusion and carnage ensued. The Americans could not distin- guish friend from foe. General Chandler noticing a party of men in apparent confusion, approached and attempted to rally them. They were British troops, and immediately secured him as their prisoner. Ge- neral Winder shared, by a like mistake, a similar fate. The Americans however maintained their post, and forced the British to retire. The loss of the latter was supposed to exceed that of the Americans, and was probably between 200 and 300 in killed and wounded. Colonel Burns, on whom the command of the American force now devolved, finding him- self in an embarrassing situation, from the capture of the two generals and the failure of ammunition, re- treated from Stony Creek, the place of the battle, to Forty Mile Creek, the former position of this force. The last operation on this scene of hostility, pre- vious to the retreat of the Americans, was the affair at Beaver Dams. On the 23rd of June, Colonel Bcestler was ordered by General Dearborn to march from fort George, and disperse a body of the enemy, which had collected at this place. The Americans were attacked within two miles of the Beaver Dams, and after an action, Colonel Bcestler's ammunition being exhausted, he surrendered his whole detach- ment, which consisted of 570 men. Soon after, Ge- neral Dearborn received orders to retire, and the command of the army at fort George devolved on General Boyd. Commodore Chauncey left Sackett's Harbour on the 27th of July, to cruise upon the lake. On ar- riving off Niagara, he learned that the British had a considerable quantity of stores at Burlingtonbay. Colonel Scott volunteered his services to aid in their destruction. They set sail with about 200 infantry, but finding a force double their own strongly in- trenched and defended by eight pieces of cannon, they abandoned the attempt. They proceeded to York, took a few prisoners, and destroyed or carried away five pieces of cannon, eleven boats, and a con- siderable quantity of ammunition. The autumn of this year witnessed the novel scene of a naval battle on one of those inland seas which separated the possessions of the contending parties. The American fleet, which had been wholly formed during the last summer, was under the command of Commodore Oliver Hazard Perry. It now consisted of the Niagara and Lawrence, each mounting 25 guns, and several smaller vessels, carrying on an average two guns each. The British fleet was con- sidered of equal force. Commodore Barclay, the commander of the latter squadron, was a veteran, officer. The conflict commenced on the part of the Americans about twelve o'clock, and soon became general and desperate. Commodore Perry's flag- ship, the Lawrence, being disabled, he embarked in an open boat, and amidst a shower of bullets, car- ried the ensign of command on board the Niagara, and once more bore down upon his enemy with the remainder of his fleet. The action was severe; and at four o'clock, the whole British squadron, consist- ing of six vessels, carrying in all 63 guns, surren- dered to the Americans. This success on lake Erie opened a passage to the territory which had been surrendered by General Hull; and General Harrison lost no time in trans- porting the war thither. On the 23rd of September be landed his troops near fort Maiden, but to his sur- prise, instead of an armed force, he met at the en- trance of the town, the matrons aud maids of Atn- ierstburg, who, in their best attire, had come forth to solicit the protection of the Americans. General Proctor had previously evacuated the ;own, and burned the public storehouses and fort. The next day the Americans marched in pursuit of Proctor and his troops, and on the 29th entered and ;ook possession of Detroit. General Proctor had retired to the Moravian illage on the Thames, about 80 miles from Detroit, is force at this time consisting of 2000 men, inclini- ng Indians, who composed more than half his army. He was overtaken by the American general o"n be 5th of of October. The British army, although 1116 HISTORY OF AMERICA. inferior in numbers, had the advantage of choosing their ground, and were strongly posted, their left resting on the Thames, and defended by artillery ; the right extended to a swamp which run parallel to the river, and was supported by the brave Tecumseh and his warriors, who were stationed in a thick wood which skirted the morass. General Harrison, placing great reliance.on Colonel Johnson's mounted regiment, ordered them to charge the British centre , with the intention of penetrating their lines, and getting into their rear. The Kentuckians advanced valiantly to the charge, and so far succeeded as to throw the British into confusion ; but their horses were unused to such perilous service, and they failed to penetrate the lines. In this situation they did not suffer themselves to be thrown back upon the advancing army, but wheeled to the right and left, fell upon the enemy's flanks and poured upon them a destructive fire. The venerable Governor Shelby led on his militia, and was found in the hot- test of the fray. Colonel Johnson with his battalion was encountered by the Indians under Tecumseh ; and these two heroes of the contending armies, by a chance which often happens in romance, but seldom in real warfare, met each other in a strife which, from the character of both, must be deadly to one. Johnson, perceiving in a certain part of the field that the battle was hot and the troops hard pressed, turned the steps of his conspicuous white horse thi- ther. The Indians saw in him an officer of dis- tinguished rank, and a shower of bullets met him as he approached. Five of them pierced his body. His noble charger reeled to his fall. Tecumseh, himself wounded, drew up his majestic figure, raised his bloody tomahawk, but stood one moment as if in pity to his victim. The Kentuckian drew a pistol from his holster, and ere the uplifted arm fell, fired, and Tecumseh lay dead at his feet. Johnson fell also, but his wounds were not. mortal. The defeat of the mighty savage was the defeat of the army. This celebrated aboriginal warrior fell in the forty-fourth year of his age. In person he was above the middle size ; extremely active, and capa- ble of sustaining fatigue in an extraordinary degree His carriage was erect and lofty his motions quick his eye penetrating his visage stern with an air of hauteur in his countenance, arising from an ele- vated though savage pride. His rule of war was neither to give nor accept quarter. He had been in almos every battle with the Americans ; and received seve ral wounds, and always sought the hottest of the fire His ruling passion was glory ; wealth was beneath his ambition, and although his plunderings and sub- sidies must have amounted to a large sum, he diec poor. The Americans had a kind of ferocious plea sure in contemplating the contour of his features which was majestic even in death. Proctor perceiving that all was lost, fled from the field with 200 dragoons. The remainder of his army immediately surrendered. Nineteen regulars were killed, 50 wounded, and 600 made prisoners The Indians left 120 on the field. The American loss in killed and wounded, was upwards of 50 Among the trophies of the field, were six brass field pieces, which had been surrendered by Hull; on two of which were inscribed the words " Surren tiered by Burgoyne, at Saratoga." Several of th< Indian tribes now sent deputations to General Har rison, and the Ottowas, Chippewas, Miami*, an Potowattatnies, made treaties of alliance, agreein " t> take hold of the same tomahawk with the Ame icans, and strike at all the enemies of the United States, whether they be British or Indian." General Harrison, having witnessed the accom- ilishment of his objects in Michigan and Upper Canada, left General Cass in command at Detroit, nd embarked for Buffalo. The Kentucky infantry, n their march homeward, collected the bleaching >ones of their countrymen, massacred at French- own, and deposited them in one common grave. In the early part of this year, the bays of Chesa- jeake and Delaware were declared by the British government to be in a state of blockade ; and to en- orce this edict, Admiral Warren was stationed off the American coast, and Rear-admiral Cockburn was ent up the Chesapeake, to make the inhabitants and he government sensible of the danger of arousing .he British nation. A squadron, under Admiral 5eresford, also entered the Delaware, and, on the !0th of April, proceeded to Lewistown. The Bri- ish demanded provisions of the inhabitants, which )eing refused, they commenced an attack upon the illage. After a bombardment of several days, they were at last compelled to retire. Other attempts ere made by them to land their troops, but they always met with a successful opposition. After de- troying some of the smaller American vessels, the squadron sailed for the Bermudas, where Admiral Warren was, with his fleet, preparing for an attack upon the sea-coast during the summer. Admiral Cockburn was, in the mean time, prose cuting a most relentless warfare in the Chesapeake, tie took possession of several small islands in the say, and from these made descents upon the neigh- aouring shores, whenever, and wherever there was a probability of finding the inhabitants unprepared and defenceless. The militia were hastily collected, and stationed along the coast, and though they often repulsed the enemy, yet their opposition was but of little avail against hundreds of these marauders. Their first attacks were upon the small villages of Frenchtown and Havre de Grace. They took pos- session of these towns, and the stores in them which could not be removed, were destroyed* They then proceeded to lay waste the adjacent country ; and their route was marked by devastation. On the 16th of May, they returned to the fleet. Their next descent was upon Fredericktown and Georgetown, situated nearly opposite to each other, on the Sassafras river ; and in these places great excesses were committed. Not long after, Admiral Warren appeared in the bay, with his fleet reinforced and carrying 2000 troops, under Sir Sydney Beckwith. This force excited the fears of the inhabitants of the cities and larger towns. On receiving this intelligence, Com- modore Cassin made arrangements for opposing them. A frigate was stationed at the mouth of Elizabeth river, on which Norfolk is situated, and 10,000 Virginia militia were collected near this place. On the 22nd of June, an attempt was made by 4000 British troops on Craney's island, which was the only obstacle to a direct attack on Norfolk. An- other party attempted to land on the main shore ; but here they were met by the Virginia militia, while their landing on the island was opposed by the officers of the frigate; and thus they were forced to abandon the attempt. On the 25th, Cockburn and Beckwith directed their forces, amounting to 2500, against the village of Hampton. At first they were compelled to with- draw, by the exertions of 400 militia, who were UNITED STATES. 1117 stationed at the place ; but another effort was made, and they gained possession of the town. Their troops were chiefly of the vilest description, being prisoners taken from the. French armies in Spain, and they committed great outrages. To the north of the Chesapeake these excesses were not committed, though the effects of the war were felt in the strict blockade which was kept up at New York. Three ships of war on leaving that port in May, were chased into New London harbour, and there blockaded for several months, by the British fleet under Commodore Hardy. Chauncey captures a British squadron Battle of Williamsburg Affair of Chateaugay Newark burnt The British take possession of fort Niagara Naval engagements The Hornet and the Pea- cock Chesapeake and the Shannon The Argus and the Pelican The enterprise captures the Boxer Creek war. Although Commodore Chauncey had not been in- active on lake Ontario, still he had failed to bring Sir James Yeo to a decisive engagement. This he successfully manoeuvred to avoid, his squadron being inferior in force but superior in sailing to that of his antagonist. On the 5th of October, however, Com- modore Chauncey encountered a fleet of seven sail, which was bound for Kingston, with troops and provisions. Five of these he captured, one of them was burned, and the remaining vessel escaped. General Wilkinson, who had commanded the army en the Mississippi, was this year appointed to the command of the army of the centre, and arrived at Sackett's harbour on the 20th of August. The chief object of his instructions from the government, was the taking of Kingston ; yet the reduction of Ca- nada, by attacking Montreal, appears to have been the object of the remainder of the campaign. The forces on which Wilkinson depended for the accomplishment of this object, were an army of 5000, at fort George ; a force of 2000 under General Lewis, at Sackett's harbour ; and the victorious troops of General Harrison, whom General Wilkin- son expected would unite with his army, and pro- ceed with him down the St. Lawrence. General Hampton, who had been appointed to command the northern army, was to penetrate by the way of Champlain, and form a junction at some place on that river. To aid in this project, General Arm- strong, who had lately been appointed secretary of war, arrived at Sackett's harbour on the 5th of Sep- tember. General Wilkinson waited on him for orders ; and notwithstanding his former instructions, jhe now favoured that general's proceeding imme- diately to Montreal, without attacking Kingston. Grenadier island, near the northern outlet of lake Ontario, was fixed upon as the place of rendezvous. Owing to tempestuous weather, the troops did not arrive before the last of October ; and on the 30th they set sail. On the 6th of November, they arrived within a few miles of Prescott. The stores were landed on the Canadian side, and the troops under General Boyd disembarked, to proceed by land in order to avoid the fire of the British batteries. The flotilla under General Brown, sustained a heaty cannonade on passing the fortress. The British governor had anticipated the designs of the American government in sending this force against Canada, and had ordered a corps of obser- vation from Kingston to follow the movements of General Wilkinson's army. With this force they continually menaced his rear. Colonel Macomb, wilh an elite corps of about 1200 men, was detached to disperse the militia who were collected on the shores. On the 8th, he was reinforced by General Brown. On the 10th, having arrived at a long and dangerous rapid, the troops, excepting a sufficient numbef to navigate the boats, were ordered to march under General Boyd, while General Brown was detached still further down the river. Generals Wilkinson and Lewis were both confined to the boats by indisposition. On the llth, the troops arrived at Williamsburg, and were about to re-embark, when the British were discovered in their rear. General Boyd, who was joined by Generals Covington and Swartout with their brigades, marched upon them in three columns, and commenced an attack. The action was sus- tained for more than three hours with great bravery, the adverse lines alternately yielding and advancing, when by a movement of the British, the American infantry, who had been left to cover their retreat, were dislodged, and the former gained the victory. The loss of the Americans was 339 ; that of the British 180. The American force engaged did not exceed 1200, while that of the British was certainlv more. The next day communications were received from General Hampton, in which he declined joining his forces to those of General Wilkinson, stating that his stock of provisions was not sufficient for both armies; he intimated, however, that he should retire to the Plattsburg road, and would join him lower down the river. A council of war was now called by Wilkinson, who decided to abandon the attack on Montreal, and to go into winter-quarters at French Mills. In the meantime, General Hampton with an army 4000 strong encamped at Plattsburg. He re- ceived orders for invading the British territory by the way of Champlain, and took post at that place on the 25th of September. Here he met an order to proceed to Chateaugay, and penetrate to Mon- treal by the way of Chateaugay river. Leaving his encampment at Chateaugay Four Corners on the 21st of October, he crossed the line, and proceeded down the river to Ormstown. Here he ascertained that the British, about 600 strong, occupied a posi- tion six miles below him, on his route to Montreal. For the purpose of destroying it, he detached Co- lonel Purdy on the night of the 25th, with 2000 of his forces. For the want of proper guides Purdy was unable to accomplish his object. A little after sunrise on the morning of the 26th, within one mile of the position of the enemy, the other division of the army under Hampton overtook Purdy, being, however, on the opposite side of the river. General Hampton placed the greater part of his force under General Izard with orders to attack the British im- mediately, which he accordingly did, and after some unsuccessful attempts to dislodge them, he treated from the field of battle. During this attack upon the left bank, Colonel Purdy remained on the right bank, without any exertions on his part to aid Ge- neral Izard, his men being exhausted by the last night's march. The British discovering them, sup- posed them to be only a small detachment sent over for guarding the bank of the river, and sent a few troops for the purpose of capturing them. Without being observed, they had gained his rear and com- menced an attack, when his whole division without firing a musket fled to the river in the greatest con- fusion. The British finding their force greater than 1118 THE HISTORY OF AMERICA. they had expected, retreated. The American army encamped on the night of the 26th, and remained until the 28th, when they returned to Four Corners, where Hampton dispatched to General Wilkinson the letter which has been mentioned. Receiving the intelligence that the attack on Montreal was abandoned, he took up his line of march for Platts- burg, where he established his winter-quarters. He soon resigned his commission, and was succeeded in command by General Izard. General Harrison did not arrive at Buffalo until the 24th of October, and was not ready to join Ge- neral Wilkinson until he had gone into winter-quar- ters. He then proceeded to Sackett's harbour, leaving the Niagara frontier defenceless, except that a few militia remained under General M'Clure, who commanded at fort George. Sir George Pre- vost, being relieved from his apprehensions of an attack on Montreal, ordered his forces under Gene- neral Vincent and General Drummond to proceed to Niagara. General M'Clure fearing their ap- E roach, and misunderstanding the orders which he ad received from government, on the 10th of De- cember caused the village of Newark to be burned. This act was subsequently disavowed by the Ame- rican government, but the British had commenced measures for its retaliation. On the 19th of De- cember 400 troops under Colonel Murray crossed at Niagara, and surprising the sentries of the fort ob- tained immediate possession. The garrison, con- sisting of 300, were mostly put to the sword. The commander, Captain Leonard, was absent at his farm about two miles distant, and was consequently accused of treachery ; but a court-martial acquitted him of this charge. Th British now increased their forces, and under General Rial proceeded to Lewistown. Here they were opposed by the militia under Major Young, who after maintaining his ground for some time was at last compelled to retreat. Major Mallory, from Schlosser, with 40 Canadian volunteers, made a gallant resistance. But the exertions of a few scat- tered troops were ineffectual against a large body of British regulars and 700 Indians. They laid waste Lewistown, Manchester, and the Tuscarora villages. General Hall advanced from Batavia with all the forces which he could collect, for the defence of the frontier. On the night of the 29th of December, the British under General Rial crossed at Black rock. Owing to the darkness of the night, the mi- litia were unable to repulse their attacks. General Hall arrived from Buffalo early on the morning of the 30th ; at the same time a large division of Bri- tish and Indians were crossing the river. The Ame- ricans poured a destructive fire upon them in their boats, but they repulsed them and effected a land- ing. They commenced a spirited attack upon the Americans under General Hall, who was driven from his batteries and pursued to Buffalo, a distance of two miles. Here Hall attempted again to face them; when of 2000 militia, only 600 could be prevailed upon to stand their ground. They fled to the woods, and many of them were cut off in the pursuit. The villages of Buffalo and Black Rock were set on fire the same day, and the British pro- ceeded into the interior, laying waste the whole of the country on the American side of the Niagara for several miles. " The concluding scenes of the campaign of the present year," says Baines, " as- sumed the character of a war of extermination; a species of contest abhorrent to every civilized mind, and fit only for the savage auxiliaries of the two exasperated belligerents." Having given a sketch of the military operation* of the campaign, and as connected with these the naval affairs of the inland seas; a view of the en- gagements which occurred on the ocean during 1813, next follows. The first affair of this kind was that between the Peacock and Hornet, and it was in its termination the sixth successive naval victory by which America manifested her rising in- fluence in maritime warfare. On the 29th of February, as the United States ship Hornet, Captain Lawrence, was returning from a cruise off the coast of Brazil, she fell in with and captured the British sloop of war Peacock, com- manded by Captain Peake. The action lasted but fifteen minutes. The loss of the British in killed and wounded was about 40, that of the Americans five. The Peacock unfortunately sunk with thir- teen of her crew, while engaged in removing the wounded. She had on board three impressed Ame- rican seamen, who, notwithstanding their earnest solicitations, had been compelled to fight against their country. One was killed in the engagement, and two were found among the prisoners. In the career of naval triumph the Americans now suffered a severe check. On the 1st of June, as the United States frigate Chesapeake was lying in Bos- tou harbour, the British frigate Shannon appeared in full sight off the harbour, inviting her to a con- test. Captain Lawrence, who for his gallant ser- vices in the affair of the Peacock had been promoted to the command of the Chesapeake, felt himself bound in honour to accept the challenge. His officers and crew were strangers to him, and the seamen were in a state of dissatisfaction on account of not having re- ceived their pay. Lawrence, however, put to sea, and prepared for action. A furious engagement en- sued, and in a few minutes every officer on board the Chesapeake capable of taking the command, was either killed or wounded. Captain Lawrence re- ceived a mortal wound, and the Chesapeake being much disabled, he was asked " if the colours should be struck ;" he replied, " No, they shall wave while I live." Becoming delirious, he continually cried, " Don : t give up the ship." At the moment of his being carried below, Captain Broke boarded the Chesapeake, and the British lowered the Shan- non's colours. They did not, however, achieve this victory without loss". They had 24 killed and 56 wounded. The loss of the Americans was 70 killed and 63 wounded. The defeat was unexpected, and the greatest grief prevailed for the fate of the heroic Lawrence. He survived four days. The Shannon had carried her prize into Halifax, and there he was interred with every mark of honourable distinction; and the oldest captains in the British navybore his pall. Another naval disaster to the Americans soon fol- lowed the loss of the Chesapeake. On the 14th of August the United States sloop of war Argus, com- manded by Lieutenant Allen, was captured after an action of nearly an hour, in St. George's channel, by the British sloop of war Pelican, commanded by Cap- tain Maples. The loss of the Americans was 40, that of the British only eight. Lieutenant Allen died in England. He was treated with every degree of attention by the English, who buried him as they would have buried a brave officer of their own nation. On the 4th of September the American seamen were victorious. The brig Enterprise, sailing from Portland harbour, fell in the same day with the Bri- UNITED STATES. 1119 tish brig Boxer. Captaiu Blyth, the commander, when he descried the American, fired a shot as a challenge, and raised three British ensigns, which he caused to be nailed to the mast. Soon after the ac- tion commenced, Lieutenant Burrows, who com- manded the American brig, was mortally wounded, but he refused to be carried below. In his last ago- nies he raised his head, and requested that his flag might never be struck. Lieutenant M'Call, on whom the command devolved, gave orders to board the enemy: but Captain Blyth had fallen, and the Bri- tish brig had become unmanageable, and the crew surrendered. The bodies of the British and Ame- rican commanders were received at Portland with tokens of the highest respect : masters of vessels rowed them ashore with the funeral stroke of the oar, while minute guns were fired by the vessels in the harbour ; and their last obsequies were performed by the civil and military authorities of the place. On the 26th of September Commodore Rodgers returned to America from a long cruise, in which he circumnavigated the British isles, and explored the Atlantic. He did not gain any signal victory, but rendered essential service to his country by harass- ing the British commerce. He captured twelve merchant vessels and took many prisoners. The lands of the Creeks lying within the territory of the United States, about this time were secured to them by the American government. Great exertions had been made by benevolent individuals,' ;as well as by the government, to instruct them in thfe arts of ci- vilized life. These exertions had been attended with considerable success; and they were advancing to a more refined state of society. Their early habits and prejudices were not however entirely rooted out; and some of them wished to return to their former state. A visit from Tecumseh, in 1812, tended to increase this disposition. This highly gii'ted savage used all the powers of his eloquence to persuade them to shake off the oppressions of civilized life, and return to their former condition of wild and fearless independence. A civil war raged among them. The party hostile to the United States in- creased, and they commenced a harassing and vex- atious warfare against the whites. Alarmed at the threatening aspect of affairs, the settlers in the most exposed situations had taken refuge in forts which were erected for their security. No event of any importance however, occurred, until the sum- mer of 1813. (1813.) Fort Mims had been erected in the Ten- sau settlement, nearly opposite to Fort Stoddert. This fort was now filled with the inhabitants of the surrounding settlements. Major Beaseiy, the com- mander, had received repeated warnings of an in- tended attack on the fort by the Indians, but had delayed to make preparations for its security. On the 30th of August, at noon-day, the garrison was surprised by about 600 Indians. At first they stood their ground and repulsed the savages ; but again they returned, drovS the besieged into the houses, and set fire to them. A dreadful massacre followed. Only seventeen escaped out of 300 men, women and children, to bear the sorrowful tidings to the surrounding inhabitants. A desire of revenge spread through the neigh- bouring states. Two thousand men from Tennessee, under General Jackson, and 500 under General Coffee, joined their forces on the 12th of October, and marched to the Ten Islands in the Coosa river, where General Jackson, who took the command, established his head quarters. On the 2nd of No- vember, he detached General Coffee, with 900 cavalry and mounted riflemen, to destroy a body of the Creeks at Tallushatches. A desperate engage- ment ensued, which ended in victory to the Ameri- cans. Two hundred savages were found dead, and 84 women and children were taken prisoners. Not one escaped. General Coffee's loss in killed and wounded was 46. On the 7th General Jackson hearing that a party of friendly Creeks at Talladega were surrounded and in danger of being destroyed, marched with 1200 men to their relief. Having made the most judicious arrangements for surrounding the enemy, he advanced and commenced an attack. A bloody battle followed, in which 290 of the Indian warriors were slain. Fifteen whites were killed, and 85 wounded. The militia from Tennessee under General Cocke were encamped at fort Armstrong. On the llth of November, he detached General White with a por- tion of his army, against the Hillabee towns. After burning two Indian villages on their route, they entered the towns at daylight, on the morning of the eighteenth. Here were about three hundred inhabitants ; 60 warriors were killed, and the re- mainder made prisoners. - The last of November, the governor of Georgia sent General Floyd to protect the frontiers of that state. With 250 militia, and nearly 400 friendly Indians, he marched into the most flourishing part of the Creek country. On the 29th, his troops were drawn up for battle at Autossee, their sacred ground, to approach which, the superstitious natives consi- dered as inevitable destruction to any white man. The Indians were collected from eight towns for its defence, and fought with desperate bravery; but they were defeated, and their towns, consisting of 400 houses, were burned. Two hundred of their warriors were killed, among whom were the Autossee and Tallasee kings. The loss of the Americans wa 50 in killed and wounded; and among the latter was General Floyd. On the 23rd of December, General Claiborne, who commanded the Mississipi volunteers, gained an important victory over the Creeks, under their famous prophet Weatherford, at Eccanachaca or holy ground, on the Alabama river. The term of service for the Tennessee militia had now expired, and becoming mutinous, they were disbanded and ordered to march for their homes. On the 14th of January, General Jackson was reinforced by eight hundred volunteers. Their term of service was only 60 days ; and as fort Armstrong was threatened with an attack, and General Floyd was about to enter the enemy's country, he deter- mined to make a diversion in their favour, by march- ing against a considerable force who were collected near the mouth of Emucfau creek. On the 17th, he took up his line of march, and on(the 18th, was joined at Talladega by between 300 and 400 friendly Indians. On the 21st, as appearances in- dicated their approach to an Indian settlement, he formed his men at night in order of battle, as he ex- pected ar> attack. At dawn on the morning of the 22nd, he was assaulted on the left flank ; but after a severe contest of half an hour, the Indians were repulsed. General Jackson then acted on the offen- sive. A general charge was made with great vigour upon the enemy's lines. General Coffee attacked their left, while 200 friendly Indians co-operated with him on the right. The savages were unable to re- sist, and they fled to their post. About 50 of them 1120 THE HISTORY OF AMERICA. were slain. On the 23rd, General Jackson com menced his return to fort Strother. On the same night he encamped at Enotachopco ; and the nexl day, his army were attacked in a narrow defile by the Indians, whom they repulsed after a severe con- test. Tne loss of the Americans in these several en- gagements was twenty killed, and 75 wounded. On the 27th of January, General Floyd was as- sailed in his camp, west of the Chatahoucie, by a nu- merous body of savages ; but a steady and incessant fire from the artillery and riflemen, compelled them to retire. General Floyd was severely wounded, and many of his soldiers killed. The hostile spirit of the Creeks, notwithstanding their numerous defeats, still remained unsubdued. Determined to make a desperate effort to prevent the destruction of their tribe, they strongly fortified the bend of the Tallapoosa, called by the Indians Tohopeka, and by the whites Horse-shoe-bend. Na- ture and art had rendered this a place of great se curity. They had erected a breastwork, from five to eight feet high, across the peninsula, thus enclosing nearly 100 acres of ground. This could not be ap- proached, without being exposed to a double and cross fire from the Indians who lay behind. About 1000 warriors had collected on this spot. Here Ge- neral Jackson determined to attack them. On the 26th of March he encamped within six miles of the place, and having learned the shore was lined with canoes, he sent General Coffee to the opposite side of the river to surround the Bend in such a manner that none could escape by crossing the river. With the remainder of his force, he attacked their fortifi- cations in front. A brisk fire was kept up for two hours, when General Coffee crossed to the peninsula to his aid, and commenced a spirited tire upon the enemy, who lay behind the breastwork ; but they were still unsubdued. General Jackson determined to storm their fortifications. The regulars, led on by Colonel Williams and Major Montgomery, ad- vanced to the charge. An obstinate contest ensued ; in which the combatants fought through the port- holes, musket to musket. At this time, Major Mont- gomery, leaping on the wall, called to his men to mount, and follow him. Scarcely had he spoken, when a ball struck him on the head, and he fell life- less to the ground. Yet the Americans obeyed his command, and, following his example, soon'gaiued the opposite side of the works. Though the Creeks fought with a bravery which their desperate situation alone could have inspired, yet they were entirely de- feated, and cut to pieces. Five hundred and fifty were ;killed on the peninsula, and many were drowned or shot in attempting to cross the river. General Jackson's loss, including the friendly In- dians, was 54 killed, and 156 wounded. This de- cisive victory ended in the submission of the remain- ing warriors, and terminated the Creek war. Among those who threw themselves upon the mercy of their victors, was Weatherford, who was equally distin- guished for his talents and cruelty. " I am in your power," said he, " do with me what you please. I have done the white people all the harm I could. I have fought them, and fought them bravely. There was a time when I had a choice. I have none now; every hope is ended. Once I could animate my war- riors to battle ; but I cannot animate the dead. They can no longer hear my voice ; their bones are at Tallushatches, Talladega, Emucfau, and Tohopeka. While there was a chance of success, I never sup- plicated peace ; but my people are gone, and I now ask it for my nation and myself." During the summer, a treaty of peace was con- cluded with the conquered Creeks, on conditions ad- vantageous to the United States. General Jackson returned to Tenessee, and was soon after appointed to succeed General Wilkinson in the command of the forces at New-Orleans. Mediations of peace Extra session of congress Em- baryo and non-importation act Unsuccessful attempt at La Colle Attack on Oswego Expedition tu the river Thames British ascend Connecticut river. During the spring of 1813, the Emperor of Russia offered his mediation in the quarrel between the United States and Great Britain. On the part of the republic, the offer was promptly met, and three among the most highly honoured of her citizens, John Quincy Adams, Albert Gallatin, and James A. Bayard, were despatched to Russia, to meet and negotiate with such commissioners as Great Britain might choose to appoint. England, however, had declined the me- diation of Alexander, but offered to treat for peace directly with the United States. In pursuance of this proposition, to which the American government acceded, Messrs. Adams, Gallatin, and Bayard, in the month of August, proceeded to Ghent, the place of meeting agreed on, and there met Lord Gambier, Henry Golbourn, and William Adams, commission- ers on the part of Great Britain. On the part of America, Henry Clay and Jonathan Russell were added to the gentlemen already mentioned. " After the fall of Napoleon, it was held in this country, (England,)" says Baines, " withalament- able ignorance of the real state of the feelings and energies of the United States, that Britain, so long the undisputed mistress of the ocean, would soon be able to sweep from the seas the ships of America ; and that those troops, which had acquired so much glory when contending with the veteran armies of Europe, would no sooner show themselves OQ the western side of the Atlantic, than the panic-struck soldiers of the United States would be driven far within their own frontiers. These pleasing illusions were heightened by the hope, that England would soon be able to dictate peace in the capital of the republic; or at least, that the splendour of British triumphs, and thejpressure of American embarrass- ments, would induce and encourage the inhabitants of the northern states to form a separate government under the protection of the crown of Great Britain, if not actually under the sway of her sceptre. " During the early part of the year 1814, the war with America was]suffered to languish ; but no sooner was Europe restored to peace, by the dethronement of Buonaparte, than the British government resolved to prosecute the contest with increased vigour, and to obtain in the field a recognition of those mari- time rights, which had hitherto been so strenu- ously resisted in the cabinet. Two distinct modes of prosecuting the war seemed to have been determined on by the British ministry : first an invasion of the coast of the United States, and, second, after the protection of Canada had been secured, the con- quest of so much of the adjoining territory as might, in the event of a future war, effectually guard that province from all danger. The peace of Paris was scarcely ratified before 14,000 c f those troops, which tiad gained so much renown under the Duke of Wel- iington, were embarked at Bordeaux for Canada ; and about the same time a strong naval force, with an adequate number of troops, were collected, and dispatched for invading different parts of the ooast of the United States." UNITED STATES. 1121 On account of the critical state of the country, the American congress had deemed it expedient to hold an extra session ; and had, accordingly, met on the 24th of May, 1813. Their most urgent business was to provide means of replenishing the exhausted treasury ; and, notwithstanding the clamours of the party opposed to the war, they proceeded with firm- ness and decision in the execution of their duty. After considerable debate, they agreed on a system of internal duties, and laws were passed laying taxes on lands and houses, distilled liquors, refined sugars, -jtailers' licences, carriages, sales at auction, and oank notes. By these means, it was expected to raise a revenue of 5,500,000 dollars, and a loan of 7,500,000 was authorized. Congress adjourned on the 2nd of August. On the 2nd of December they convened again, as usual. Among other important subjects embraced in the President's message, was that concerning the right of expatriation, on which Great Britain and America had been so long at issue, and from which the most tragical consequences were at that period apprehended. Forty persons, natives of Britain, but who by a long residence had become naturalized in America, had been taken in arms against the Bri- tish nation, and were sent to Great Britain to un- dergo a trial for treason against their country. The American government, feeling itself bound to pro- tect them, had put in close confinement an equal number of British soldiers, with a notification that if violence was done, the same in kind and degree should be inflicted in return. In retaliation for this step, the British government put in confinement, with a similar threat, double the number of American officers of the lower grades. This measure had also been retaliated, and an equal number of British offi- cers selected. In this alarming position did this affair stand at the delivery of the president's message. The subject was however adjusted by the exchange of all prisoners, except the first sent for trial ; and on pro- ceedings having been instituted against them, the American government reserved a right to retaliate, in case any violence should hereafter be done them. Another message was soon after received from the president, recommending an embargo upon exports; with a view to deprive the British of supplies from the ports ; and with a design to proteet the American commerce, a more complete prohibition of British manufactures was enforced. These measures, which after the most spirited debates were adopted by con- gress, were considered by the opposition as measures of greater annoyance to America than to her foe, and condemned as unconstitutional and oppressive. These commercial restrictions were not however of long continuance. Mighty changes were taking place in Europe, with which was changed the policy of America. Her measures had been taken with a view to withdraw her commerce from both bellige- rents, and threaten them with offensive operations, in case her rights were not regarded. The result of this was, as we have seen, peace with France and war with England. America had continued her re- strictions with Britain, because the power of Buo- naparte closed from her commerce so many of the Sorts of Europe, that it was detrimental to her to be eprived of that of America also. But Buonaparte was now a powerless exile at Elba; and the ports of Europe were now open to England. Under these circumstances, the American government judged it expedient to repeal their restrictive laws; and ac- cordingly, in the month of April, the embargo and non-importation act were both discontinued. HIST. OF AMKR.NOS. 141 & 142. The condition of the army required and received the attention of congress. A bill was passed early in the session, giving to those who should enlist for fire years, or during the war, the unprecedented bounty of 124 dollars; and to any person who should procure an able-bodied recruit, was given further the sum of eight dollars. Little addition was, during this session, made to the naval force. An appropria- tion of 500,000 dollars was however made, for the building of one or more floating batteries, to be pro- pelled by steam. General Wilkinson had remained inactive at French Mills, until early in February 1814 ; when having received orders from the secretary of war, he detached General Brown, with 2000 troops, to the Niagara frontier; and having destroyed his bar- racks, he retired to Plattsburg. The enemy taking advantage of this movement, on the 21st of Febru- ary, made an incursion as far as Malone, and de- stroyed the arsenal and public stores kept there, which had belonged to the cantonment of French Mills. Movements of General Wilkinson, which had the appearance of an attempt again to invade Canada, induced 2000 of the British under Major Hancock, to fortify themselves at La Colle Mill, near the river Sorel. General Wilkinson advanced on the 30th day of March, for the purpose of dislodging them. Having dispersed skirmishing parties of the British, he arrived at La Colle, and so arranged his troops, as to cover the guns of a small battery, and cut off the retreat of his enemy. A cannonade followed ; during which, a sortie was made from the building, but it ended in the repulse of the assailants. Find- ing this battery insufficient to penetrate the thick stone walls of the mill, Wilkinson retired with his forces, having lost 100 in killed and wounded, Such a succession of unsuccessful measures brought public censure upon this general. He was tried before a court-martial at Troy, but nominally acquitted of the charges brought against him. The whole force of Lower Canada now withdrew from the St. Lawrence, and were stationed near St. John's, for securing the entrance of their fleet into lake Champlain. During the autumn and winter, Commodore Mac- donough had laboured with great industry to pro- vide a naval force on lake Champlain, equal to that of the British. The flotilla was lying in the Otter river, at Vergennes; and it was the object of the British to destroy it, before it should make its appear- ance on the lake. Apprised of this, Commodore Macdonough caused a battery to be erected at the mouth of the rivei On the ] 2th of May, the Bri- tish fleet entered the lake, and were repulsed in an attack upon this battery by water. They were also unsuccessful in attempting to gain the rear of the battery by land, being driven off by a detachment of Vermont militia. Thus repulsed, they abandoned their object, and moved down the lake. On lake Ontario, both the Americans and British were actively employed in constructing large ships, before again contending on its waters for supremacy, which however at this time leaned to the side of the British. They attacked several places on the Ame- rican shore, and made attempts which were gene- rally unsuccessful, to destroy the unfinished ships, and the stores which were to furnish them. Oswego was a deposit for naval stores- It was defended by a fort, which mounted only five guns, and was gar- risoned by 500 men, under Colonel Mitchell. To destroy this place, was the first attempt of the Bri< 4 X. 1122 THE HISTORY OF AMERICA. tish. On the 5th of May, their whole fleet with 1500 troops under General Drummond, appeared be- fore it, hut could not effect a landing. On the 6th, they renewed the attempt, and landed their men. Colonel Mitchell, after maintaining his ground for half an hour, retired to the falls of Oswego, about twelve miles distant, to which place he had caused the stores to be removed. Destroying the bridge in his rear, the British were cut off from their object, and evacuated the town. The fleet returned to Kings- ton, leaving only a few gun-boats on the lake. Shortly after, Major Appling and Captain Wool- sey were appointed to convey the naval stores from Oswego to Sackett's Harbour. On the 28th of May, when off Sandy Creek, sixteen miles south-west of Sackett's Harbour, perceiving themselves covered by the British boats, they entered the creek. Here they landed, and formed an ambuscade. The Bri- tish followed, were completely surprised, and sur- rendered after an action of ten minutes. The Americans had now completed the Superior, a vessel capable of mounting 64 guns. Commodore Chauncey soon after fitted her out, and sailed in view of Kingston ; but Sir James did not choose to hazard an engagement until his own vessel of equal size should be completed. (1814.) At the commencement of this year, the Americans were in possession of all their former terri- tory at the west, except fort Mackinaw. On the 21st of February. Captain Holmes was de- tached from Detroit with 180 men, to dislodge a party of British who were stationed on the river Thames, about two days' march from that place. When within fifteen miles of their position, he re- ceived intelligence that about 300 of the English were within one hour's march of him. He immediately retired five miles, to a more favourable position, and sent forward a small body of rangers to discover their strength ; but they returned, followed by the British. Wishing to draw Captain Holmes from his position, they feigned an attack, and then retreated. He fol- lowed for five miles, when he found the main army preparing for action. He hastened back to his former position, and being attacked on all sides, a severe contest followed. The Americans gallantly defended themselves for an hour, when the British ordered a retreat. The loss of the Americans was only six killed and wounded, while that of their enemy was 69. The idea had hitherto prevailed among the Bri- tish, that the northern states might easily be induced to break off their alliance with the other states, and again become a part of their empire ; while they con- sidered the southern states as being more firmly at- tached to the government, and consequently more difficult to subdue. Hence the northern sea-coast experienced little molestation until the spring of 1814. The British then commenced their attacks by ascending the Connecticut river to Pettipaug, otherwise called Essex, where they destroyed ship- ping to the value of 200,000 dollars. The coasting trade suffered severely from the Liverpool Packet, a British privateer. Commodore Lewis succeeded in chasing her off. Taking under his convoy about50 vessels, which he found lying at Saybrook, he passed the squadron blockading New London, and escorted them safely to sea. General Brown crosses the Niagara Battle of Chip- pewa Battle of Bridgewater General Riall cap- tured 'Fort Erie besieged Colonel Drummond killed British works destroyed Unruccessfui at- tempt to re-take Mackinau. General Brown, as has been related, conducted 2000 of the army of General Wilkinson from French Mills to Sackett's Harbour. His force consisted of two brigades, the first under General Scott, tha second under General Ripley. These able officers were diligently occupied during the first part of the campaign in disciplining their troops, and prepar- ing them for action. General Brown marched his army to Buffalo, ex- pecting to invade Canada. Here were added to his army Towson's artillery, and a corps of volunteers commanded by General Porter, making in the whole about 3500 men. On the 2nd and 3rd of July, they crossed the Niagara, and immediately invested fort Erie, where the garrison, amounting to 100 men, surrendered without resistance. On the 4th, the brigade under General Scott, with Towson's artillery, advanced from fort Erie along the bank of the Niagara, to where it is intersected by a small brook, called Street's Creek, which falls into the river from the south-west. Here, being within a mile and a half of the British, he halted. General Brown, with the remaining brigade, arrived at the same place at midnight, and General Porter, with the volunteers, at sunrise. The British occu- pied a strong position at the mouth of the Chippewa. They were 3000 strong, commanded by General Riall. They consisted of a portion of those troops which, since the pacification of Europe, Great Bri tain had sent to conquer America. The camp of the Americans being annoyed by flying parties of the enemy, General Porter, with 800 volunteers and In- dians, and 80 regulars under Captain M 1 Donald, by the orders of General Brown, advanced from the rear, and taking a southerly direction along the Creek, surprised and attacked a body of Indians about two miles from the American camp. The In- dians retreated skirmishing towards the British in- trenchment. The noise of the firing brought a large reinforcement to the Indians; and the enemy, ill their turn, obliged General Porter, after a warm en gagement, to retire. It was now found that the main body of the Bri- tish were advancing, and General Brown put his whole camp in motion. General Ripley was sent to the left to the aid of General Porter, while Gene- ral Scott, crossing the creek, drew up his brigade in order of battle, to receive the charge of the king's regiment, and that of the royal Scots. They out numbered the republican troops more than one-third ; and they were the veterans who had fought by the side of Wellington, and conquered the conqueror of Europe ; and of whom many of the English had predicted, that they would recolonize America. The officers and soldiers of the republic had, at the most, but two years' experience ; and many of them had never before been in battle. Here then they met in fair and open fight. General Scott led on his men, while his officers nobly seconded his heroic exertions. The conflict was bloody but the genius of America prevailed. The yeterans gave way, and retreated ; Scott pur- sued, defeating them at every point, until at length their retreat being changed to a disorderly rout, they sought the shelter of their intrenchments. So decisive had been the movements of General Scott, that the British were totally defeated before the bri- gade of General Ripley was brought into action. General Brown now ordered up the artillery to batter UNITED STATES. 1123 their works ; but the day was spent, and their bat- teries appeared so strongly fortified, that he desisted from the attempt, drew off his forces, and returned to his camp. In this engagement, Colonel Gordon, of the royal Scots, and Colonel the marquis of Tweedale, late aid-de-camp to the duke of Wellington, were both severely wounded. The loss of the enemy in killed, wounded, and prisoners, was 514 ; that of the Ame- ricans, 328. In the mean time, a large body of British troops, commanded by General Drummond, were situated at the head of lake Ontario, near Burlington Heights, and at York. Soon after the battle of Chippewa, General Riall fell back to fort George. On the 10th of July, the American camp was removed from Street's Creek to Queenstown, and from thence Ge- neral Brown marched to invest fort George ; but finding unexpected difficulties, he retired from that position, and, on the 23rd, took post at Chippewa. He had, however, previously sent his wounded and heavy baggage across the strait to Schlosser, near the Falls, intending, at the time, to advance upon the enemy at Burlington Heights. The British, stung by their defeat at Chippewa, were making vi- gorous exertions to retrieve the fortune of the war ; and General Drummond, with all the forces from Burlington and York, had marched to fort George. Kingston and Prescott bad also sent their forces across lake Ontario to the same point. An army of about 5000, including 1500 militia and Indians, was thus collected to oppose the force of General Brown, which, instead of augmenting, had been lessened by the desertion of the Indians. The army, under Ge- neral Drummond, advanced, and on the morning of the 25th, General Brown received information from General Swift, who had the care of the wounded, that they were at Queenstown, and that a detach- ment threatened his stores at Schlosser. At this in- telligence, General Brown sent General Scott with his brigade and Captain Towson's artillery to make a movement on the Queenstown road, as if to attack the enemy, and thus divert their attention from his stores. General Scott left the camp at four in the afternoon, moved along the river, and passed the grand cataract, in ignorance that the enemy were near. Having proceeded a short distance beyond the falls, he learned that the British army, in great force, were encamped behind a wood, about 300 yards to the north, and that they intended to attack the Americans the next day. Scott immediately transmitted this intelligence to his commander, and moved rapidly forward through the wood, till he per- ceived the British strongly posted on an eminence defended by nine pieces of artillery. He halted, and drew up his men in order of battle, on a level ground near Lundy's lane, and in front of the Bri- tish position. The artillery under Towson com- menced a brisk cannonade, which was returned by the British battery ; and a warm engagement com- menced. The British general, probably ignorant of their real situation, did not put forth his strength, or he might have surrounded and crushed the Ameri- cans. In this case, a heavy censure would have fallen on their commander for his temerity in bring- ing on the action. As it is, he has been charged with wasting the blood of his countrymen ; but that blood was not wasted, which served to make the rights of his country respected, by obliterating the stain of cowardice, with which too many of the early transactions of this war had tarnished it. It was late in the afternoon when this engagement com- menced. The sun had now gone down, and dark- ness came on. No reinforcement appeared to the Americans, but they still maintained the battle, al- though an officer reminded the general that the rule for retiring was accomplished, more than one-fourth being killed or wounded. Many of his officers were among the number. The brave Colonel Brady had been the first to form his regiment, and on that the loss fell heaviest. Himself twice wounded, he was entreated by those who observed him pale from the loss of bloofl, to quit the field ; " Not while I can stand," was his reply. At that critical moment a reinforcement appeared. General Ripley had been, ordered to form his brigade on the skirt of a wood to the right of General Scott. But, finding that this position was not favourable for annoying his enemy, he took the responsibility of moving nearer to them before he formed. For this purpose, he was about to pass the brigade of Scott, but coming between him and the British, he found that he was suffering se- verely from their battery, and then truly conceived what must be his situation. Ripley then conceived the bold thought of storming the formidable battery. " Co- lonel Miller," said he, " will you take yonder battery ?" " I'll try," said the latter : and, at the head of tho 21st regiment, he calmly took his course, and bay- oneted the men while firing, and possessed himself of their guns. Ripley had moved at the same time, at the head of the 23rd regiment, to the attack of the infantry, and drove them from the eminence which was the key of their position. Here Ripley formed his brigade. General Porter, with his volunteers, was on the right, and the artillery of Towson in the centre. The British, mortified and enraged, rallied and advanced to regain their position and artillery. The Americans perceived that they were coming on, but could not distinctly ascertain from what point. The moon had risen, but there were dark clouds, and the light was fitful. Sounds came indistinctly mingled from every quarter. The roaring of the cataract, the shrieks and groans of the wounded and dying, the discharge of artillery, were all heard, as well as the rush of the enemy's attack. In this situation, Ripley gave his troops the order to wait till the enemy's bayonets touched their own, and take aim by the light from the discharge of their muskets. The aim of the Americans was good. Numbers of their brave enemy fell. They closed up their ranks, and came on with the bayonets. The republicans stood the charge, and sturdily pushed back the thrust. For twenty minutes this deadly strife continued, when the veterans of Wellington retreated in disorder. Three times, in the course of that bloody night, the same scene was repeated. Four times were the Bri- tish met with the bayonet, and repulsed by the Ame- ricans. At length, about midnight, they relin- quished the conflict, leaving their position and ar- tillery to the Americans. Although the brunt of battle was on the eminence, other efforts were making in different parfs of the field. The brigade of General Scott, shattered as it was, having formed anew, was not content to look idly on, while their brethren, who had stepped be- tween them and death, were now bleeding in their turn. General Scott charged at their head, through an opening in Ripley's line ; but in the confusion and darkness of the scene, he passed between the fires of the combatants. He afterwards engaged in the battle, taking his post on General Ripley's left. In another quarter, Colonel Jessup, with only 200 men, advanced upon the enemy, brought them to close action, drove them from their ground, and cap- 4X2 1124 THE HISTORY OF AMERICA. 'jured General Riall, with other officers and soldiers, lo an amount almost equal to his own. In this sanguinary contest, the total loss of the British was 878. Generals Drummond and Riall were among the wounded. The Americans lost in tilled, wounded, and missing, 860. Of these, eleven fficers were killed, among whom were Major M'Far- land and Captain Ritchie. Fifty-six officers were wounded, among whom were Generals Brown and Scott ; it was not however until towards the close of the action that the two generals highest in command were disabled. General Brown, on receiving his wound, gave notice to General Ripley that he was left in (command, but ordered him to collect the wounded, remove the artillery, and retire to the camp at Chippewa. The Americans lost the ad- vantage of removing the captured artillery, as they had no means of conveying it away ; and General Ripley was obliged to leave it upon the field of bat- tle. The British, on learning that the Americans had abandoned the field, re-occupied it immediately. Both sides claimed the victory. The American army now reduced to 1600, retired to fort Erie, and proceeded to intrench themselves strongly in that position. The enemy to the num- ber of 5000 followed them; and on the 4th of Au- gust commenced a regular siege. On the 5th, Ge- neral Gaines arrived at Erie from Sackett's Harbour, and took the command. Anticipating an attack, the Americans prepared themselves to receive it. On the morning of the 15th, the enemy advanced in three columns, commanded by Colonels Drum- mond, Fischer, and Scott; the columns to the right and left repeatedly attacked, and were as often re- pulsed. The centre column under Drummond, after a sanguinary conflict, succeeded in scaling the walls, and taking possession of a bastion. While Drummond was denying quarter to the conquered Americans, from some cause not well understood a barrel of powder beneath him was ignited There was a sudden crash, and bastion, assailants and assailed, were blown together into the air Those of the British who survived, fled in dismay but their numbers were thinned as they passed the American artillery. According to the British officia report, their loss on this day was 57 killed, amongs whom were Colonels Scott and Drummond, 315 wounded, and 539 missing. The total loss of the Americans was but 84 ; but among their killed were Captain Williams and Lieutenant Macdonough both officers of great merit. After this repulse, both armies remained in state of inactivity for some time. General Gaine had been wounded by the bursting of a shell, am the command again devolved on General Ripley but was exercised but a short time, as Genera Brown, now recovered from his wounds, entered th fort and resumed his functions. The American public had become anxious for th fate of their army, and General Izard, by the order o the . acretary of war, abandoning a post which, from the arrival of the British troops at Montreal, it wa hazardous to leave, marched from Plattsburg wit 5000 men, for their relief. The British were dail receiving Reinforcements, and their works, upo which they laboured with great assiduity, gre 1 more and more formidable. General Brown, learn ing that of the three parts into which the Britis army was divided, two were kept at the camp, whi] the third manned the batteries, determined to mak a sortie, with a view of destroying the batteries, an cutting off the brigade on duty. On the 17th of September, at 12 o'clock, General orter was ordered to move at the head of his de- ichment, by a passage through the wood, penetrate 3 the rear of the British, and fall by surprise upon leir right, General Miller was at the same time reeled to advance a short distance, and then con- eal his party in a ravine between the fort and the ritish camp, until General Porter had commenced te attack. General Ripley was posted with a orps of reserved, between the bastions of the fort, jeneral Porter with his men trod silently and cir- uitously along their perilous way, when, arriving at heir destined point, they rushed upon the British, vhom they completely surprised. In 30 minutes, ley had taken a block-house and two bastions, piked their guns, blown up their magazine, and made prisoners of their garrison ; but Colonels Gib- on and Wood had fallen at the head of their co- umns. At the moment of the explosion of the ma- azine, General Miller came up. He had been /arned by the firing, that Porter had met the nemy. His division was equally brave and suc- essful. In his attack, General Davis, of the New fork militia, was killed. General Ripley arrived with the reserve, in season to share the danger and he honour of this well-planned and well conducted nterprise. Thus in a few hours were the British deprived of he fruit of 47 days' labour, of a great quantity of artillery and ammunition, and of lOOO men, which was their number of killed, wounded and prisoners. General Miller, on whom the command devolved, ecured the prisoners and the trophies of the victory, and reconducted the army to the fort in perfect order. Eighty-three were killed, 216 wounded, and as many missing ; amounting in the whole to not much less than one-third of their whole number. After the destruction of his works before fort Erie, General Drummond broke up his camp and retired on the night of the 21st, to his intrenchments be- lind Chippewa. Soon after this, the arrival of General Izard placed the Americans on a footing again to commence offensive operations ; and leav- ing Erie in command of Colonel Hindman, General Brown again advanced towards Chippewa. Near this place an affair occurred on the 20th of October, in which Colonel Bissell, with a detachment of 1000 men, obtained an advantage over the marquis of Tweedale, who commanded a corps of 1200; took from him a fieldpiece, and obliged him to retire with considerable loss, having himself experienced a loss of 67 men. During the summer of this year, an expedition was undertaken for the purpose of recovering Mack- inau. A part of the squadron on lake Erie, had for this object been extended into lake Huron, under the command of Commodore Sinclair. Major Croghan, accompanied by Captain Holmes, left Detroit on the 5th of July. Co-operating with Commodore Sinclair, they succeeded in destroying the British establishments at St. Joseph's and" the Sault de St. Marie, and then proceeded to Mack- inau. Croghan landed his troops, but his force was not sufficient to reduce the fortress. The at- tempt was attended with the loss of many brave officers, among whom was Captain Holmes; Two vessels, which were left by the Americans to pre- vent supplies arriving at the fort, were blown up by the British. Commodore Sinclair, however, sue- ceeded in capturing the last of their vessels on the upper lakes. On the 22ud of October, General M' Arthur left UNITED STATES. 1125 Detroit with 700 men, and inarched in the direction of the river Thames. He destroyed the British stores at different places, and took 150 prisoners without any loss to his own party. He returned to Detroit on the 27th of November. Peace cf Paris Preparations to defend Washington British land and ascend the Patuxent Pro- ceedings of both armies Alexandria capitulate Battle near Baltimore Various rencontres. In the early part of the year 1814, Admiral Cockburn confined his operations to a predatory war- fare upon the shores of the Chesapeake. The only protection of the inhabitants was a fleet of gun- boats and smaller vessels, commanded by Captain Barney. Early in June, several skirmishes took place between this flotilla, and a part of the enemy's vessels ; but the American commander not being able to cope with the superior force of the British, took refuge in the Patuxent, and was there block- aded by the British admiral. About the middle of June, news was received of the peace of Paris, which leaving unemployed a large veteran land force, and an immense navy at the disposal of England, there was every reason to expect that she would use it to the annoyance of America. America ought to have been as much as possible prepared in all her vulnerable points : and especially ought her government to have made a rea- sonable provision for the safety of her capital. Not that Washington, like the great metropolis of a Eu- ropean kingdom, contained the strength and wealth of the empire, to invite great exertions on the part of an enemy ; but from common opinion, to pos- sess the capital of a country, as the flag of a ship is the point of honour. The administration were not however inattentive. They took measures in reference to the object of de- fending Washington, and the adjacent city of Balti- more, but their measures were inefficient. The na- tional territory had been previously divided into nine military districts. A tenth was now formed, embracing Maryland, the district of Columbia, and a part of Virginia. On the 4th of July, a requisi- tion was made by the president upon the governors of these states for 93,000 militia. Of these, 15,000 were within the limits of the new military district. One thousand regulars were also to be added, and thus there was numerically a force of 16,000 men at the disposal of General Winder, who was appointed to the command. But it was only a fortnight previous to the invasion which terminated in the capture of Washington, that the order, authorizing General Winder to call for these forces on the respective states which were to furnish them, was received. Time is necessarily con- sumed in the tardy operations of republican govern- ments, unused to war ; and when on the 20th of Au- gust news arrived that the enemy had landed at Be- nedict, on the Patuxent, General Winder had not collected more than 3000 men, and these were un- acquainted with each other, and mostly unaccus- tomed to move with regularity, or to act in concert. On the J7th of August the British fleet in the Chesapeake was greatly augmented by the arrival of Admiral Cochrane, who had been sent out with a large land force commanded by Major Ross, in pur- suance of the resolution which had?;been taken by the British government " to destroy and lay waste such towns and districts upon the coast as might be found assailable." This formidable fleet was di- vided into three parts, one of which carrying Gene- ral Ross, and commanded by Admiral Cochrane, proceeded up^the Patuxent; one under Captain Gor- don ascended the Potomac ; and the third under Sir Peter Parker, went further up the Chesapeake, as if to threaten Baltimore. On the 19th General Ross landed at Benedict with 5000 infantry ; on the 20th he commenced his march, keeping along the right bank of the Patux- ent. His object was in the first instance to co-ope- rate with Admiral Cockburn in the destruction of Commodore Barney's squadron, which that Admiral had for some time been blockading. On the 22nd the expedition reached Pig Point, and descried the broad pendant of the American flotilla. They in- stantly advanced to the attack; but on their ap- proach the Americans abandoned their fleet, and sixteen out of the seventeen boats of which it was composed, were blown into the air. Commodore Barney, no longer able to secure them, thus pre- vented their falling into the hands of the British, who were now distant only sixteen miles from Wash- ington. On the afternoon of the 20th of August, when Ge- neral Winder was apprised of the danger of the ca- pital, he left it with his force and advanced towards the enemy. On the 22nd the main body of his army being encamped about half way from Marlborough to Washington, a detachment under Major Peter met and annoyed the British at Marlborough. On this day, Commodore Barney united his marines with the army. On the night of the 23rd, the Bri- tish rested only five miles from the American camp. The president of the United States, the secretary of war, and some of the other heads of department, here visited General Winder, and it was resolved to fall back nearer to the capital for the purpose of Jcon- centrating the American force, and as is suggested by some, from fear of a night,attack. The same re- treating policy was pursued until General Winder tiad recrossed the eastern branch of the Potomac. Here he made provisions for guarding the bridge, it being supposed the enemy would attempt the capital from this point. In the mean time, the militia from Baltimore, under General Stansbury, advanced to ;he relief of Washington. These, to the number of 2200, including a company of artillery, rested on the night of the 23rd, near Bladensburgh. Being un- der orders to join General Winder, they commenced their march onfthe morning of the 24th. But it was now discovered that although General Winder, or those under whose direction;he acted, hadjfcarefully set a trap at the great bridge,on the east branch, the British commander did not choose to fall into it, but lad taken for safety a more circuitous route, and was marching past Washington, to gain the Bla- densburgh road on the north. On his march for Washington, General Stansbury met the order of eneral Winder to retrace his steps to Bladensburg, and there give battle to the enemy. Almost ex- lausted by fatigue and the heat of the season, he abeyed the order. On his march he was met by Colonel Monroe, secretary of state, who had been scouring the adjacent country for volunteers. He >roposed to Stansbury his making a movement to get n the enemy's rear ; but that general being under >rders to the contrary, did not feel at liberty to fol- ow this judicious counsel. About noon he met the memy near Bladensburg. General Winder soon came up with the main body. The president- and heads of department were on the field, but left it 'except Colonel Monroe, jivho was active in forming 1126 THE HISTORY OF AMERICA and bringing forward the cavalry of General Stana- bury) about the time the action commenced ; pro- bably having documents of great importance to se- cure, as the event of the day was doubtful. Here en- sued a contest in which, as might have been ex- pected from the condition of the American troops, the British were victorious. Commodore Barney, with his little band of marines, fought valiantly, and for some time held the British in check ; but he was at length wounded and made prisoner. The regu- lars and militia of the district of Columbia stood their ground for a time, but at length left the field and re- treated towards Washington. They were now joined by fresh militia from Virginia, and upon the heights they formed again, and once more interposed a bar- rier between the seat of their country's government and the British. But on surveying their numbers, wasted by the flight ol many timid, and the fall of a few brave men, they were found inadequate to the task of its defence ; and with sorrow they heard the order to retire, and leave the capital of their country to the mercy of her enemies. General Ross entered Washington at eight in the evening, and with a Goth-like barbarism, disgraced himself and his country, by destroying the monu- ments of taste and literature, with which the young republic had embellished her chosen seat. The British commenced with destroying the capitol, which was in an unfinished state, the extensive li- brary, public records, and whatever else of value it contained. The public offices and the president's house, were wantonly sacrificed, together with many private dwellings. The public stores at the navy- yard, and the vessels on the stocks, were burned by order of the president, to prevent their falling into the hands of the invaders. The elegant bridge across the Potomac was also destroyed. The loss of public property alone amounted to 1,000,000 of dollars. They left Washington on the even- ing of the 25th, arid proceeded without any opposi- tion to their ships, which they reached on the evening of the 27th. The loss of the Americans in the battle of Bla- densburg, was 30 killed and 50 wounded ; that of the enemy, 249 in killed and wounded. Their loss during this expedition, amounted to 400 killed and wounded, besides 500 who were taken prisoners or deserted. Had the British confined themselves to the cap- ture and destruction of public property appropriated to warlike purposes, their conquest would have been untarnished. The Americans would have felt deeply their humiliation, and the resentment of the nation might, as was expected in England, have fallen hea- vily upon the public servants ; but the manner in which the advantage was used, produced in the minds of the people a stern vindictive feeling against the conquerors, which swallowed up all minor resent- ments, and united the nation, not in a wish for peace, but in firm resolves fer war. In the mean time, the squadron under Captain Gordon passed up the Potomac without opposition, and appeared before Alexandria on the 27th of Au- gust. The inhabitants entered into a capitulation, by which they delivered up their merchandise and shipping to the British, who, laden with a rich booty, returned to the ocean, though not without being much annoyed from the shore as they passed. The squadron, which had sailed up the Chesa- peake under Sir Peter Parker, landed about 250 marines for the purpose of surprising 200 militia, who were encamped near Bellair under Colonel Reed. They were repulsed with the loss of 41 killed and wounded. Sir Peter Parker was mortally wounded. Admiral Cochrane having received on board hi fleet the conquerors of Washington, the combined land and sea forces moved in the confidence of vic- tory to the attack of Baltimore. After passing down the Patuxent, they ascended the Chesapeake, and on the llth of September appeared at the mouth of the Patapsco, fourteen miles from Baltimore. On the morning of the 12th, General Ross, with an army amounting to about 5000, debarked at North Point, and commenced his inarch towards the city. General Smith commanded the whole force of the defenders. Watching the movements of the enemy, he dispatched about 2300 men under General Strieker, who on the llth marched towards North Point. They halted at night seven miles from the city. On the morning of the 12th, information was received of the landing of the British, and General Strieker advanced to meet him. A skirmish between the advanced parties ensued, in which General Ross was killed. The command then devolved on Colonel Brooke, who having the instructions of General Ross, continued to move forward. An action com- menced at about half past three, by a discharge of cannon on both sides. After maintaining the con- test for some time, the Americans gave way, and General Strieker retired behind the entrenchments on the heights, where General Smith was stationed with the main army. On the morning of the 13th, the British army ad- vanced within a mile and a half of the intrench- ments, and made several manoeuvres to draw forth the Americans, which were so met by General Smith, that they could not obtain their object ; but on the contrary, the republicans maintained the advantage of ground and position. Colonel Brooke was aware that they were superior to him in numbers as well as position; he therefore made no attempt upon them during the day, but disposed his troops for a night attack. In the evening he received a commu- nication from Admiral Cochrane, the commander of the naval forces, informing him that fort M'Heury had resisted all his efforts, and that the entrance of the harbour was blocked up by vessels sunk for that purpose, and that a naval co-operation against the town and camp was impracticable. Colonel Brooke resolved therefore not to hazard an attack, but moved off in the night, and on the 15th re-embarked at North Point. Great was the joy of the inhabitants of Baltimore, at the success of their efforts for the preservation of their city ; and the warmest gratitude was mani- fested to those whose vigorous exertions had saved them from the dreaded invasion. Among these, tho defenders of fort M'Henry were particularly re- membered. The harbours of New York, New London and Boston, continued to be closely blockaded. The humanity of Commodore Hardy, in his incursions into the interior, affords a striking contrast to the brutality of Admiral Cockburn, and the squadron in the Chesapeake. In some cases, however, but contrary to his orders, private property was de- stroyed by parties of officers and marines. On the llth of July, Commodore Hardy with eight ships and 2000 men, made a descent upon the coast of Maine, and, without resistance, took possession of Eastport and all the towns on the west side of Passamaquoddy Bay. Many of the inhabitants remained, but it was on the condition UNITED STATES. 1127 acknowledging themselves the subjects of Great Britain. In August, the governor of New Brunswick, with the aid of Admiral Griffith, undertook an expedition to the Penobscot river. They took possession of Castine, which was previously evacuated, and pro- ceeded up the river to Hamden, where the frigate John Adams had been placed for preservation. The militia who had been stationed for its defence, fled on their approach, and the frigate was blown up, to prevent its falling into the hands of the British. A proclamation was issued by the council of New- Brunswick, declaring the country east of the Pe- nobscot in possession of the king of Great Britain ; and a direct communication was opened between New Brunswick and Canada. The British con- tinued to occupy this section of Maine until the close of the war. Early in August, the enemy's ships under Com- modore Hardy, appeared before Stonington, in Connecticnt, and threatened the destruction of the town. They commenced a severe attack, but were repulsed by a battery of two eighteen-pounders ani a small band of militia. They then proceeded to another part of the town, which they expected to find defenceless ; but here the well directed fire of a six-pounder, forced them to retire to their ships. They bombarded the place during the night, and in the morning renewed the attack ; but-' finding the place so gallantly defended, at the end of three days the Commodore retired. British force in Canada increased Sir George Pre~ r>ost advances to Plattsburg Engagement in the bay of Plattsburg Americans annoy the British merchant-vessels Naval engagements Difficulties of the Americans Convention at Hartford. During the months of July and August, the Bri- tish army in Caada was augmented by another considerable body of those troops, who had, under Lord Wellington, acquired experience and reputa- tion in the war of the Spanish peninsula. With these troops, Sir George Prevost determined to in- vade America, by the same route that Burgoyne had formerly pursued. Like that general, his hopes were sanguine, that if he appeared in force in the country, the inhabitants would join him; and like Burgoyne, it is said that a .part of his baggage con- sisted of arms and clothing for those who he ex- pected would flock to his standard. The American smugglers, wishing to court the favour of the Bri- tish, had encouraged these hopes, which the republi- can party accused the federalists of exciting. Pre- vost's -plan of operations is supposed by some to have resembled that of Burgoyne in another respect, and that he had hopes of being able to penetrate, by the way of lake Champlain and the Hudson river, to New York. The army at Plattsburg had been reduced by the departure of General Izard for fort Erie. Sir George Prevost seized this opportunity for making the projected invasion. Having concentrated his force on the frontier of Canada, he entered the American territory on the 3rd of September. From Champlain, he issued a proclamation, assuring the inhabitants that his arms would only be directed against the go- vernment, and those who supported it; while 'no injury should be done to the peaceful and unoffend- ing. The fire of genuine patriotism kindled in the breasts of the Americans, at the news that the foot of an invader pressed the soil of their country. The inhabitants of the northern part of New York, and the hardy sons of the green mountains, rose in arms without distinction of party, and hastened to- wards the scene of action. A different disposition, however, prevailed among a few individuals of the federal party, in Vermont; and among these was the governor, who belonged to the federal party, a well meaning man, but too much under the influence of others. Stationing him- self at Burlington, he endeavoured to dissuade the volunteers from crossing to Plattsburg, stating that General Macomb did not need their services. In consequence, some were actually returning. At the solicitation of Colonel Fasset, of the regular army, a special messenger crossed to Plattsburg, to obtain a written request for their services from Ge- neral Macomb. General Strong, a federalist, and a highly respectable farmer and country gentleman, and who, on his arrival at Plattsburg, was chosen to command the volunteers, was earnestly urged by the governor and his friends, not to embark in the enterprise. The political obloquy which these mea- sures cast upon the party, and particularly on the individuals concerned, will remain a salutary warn- ing to others under similar circumstances. Sir George Prevost advanced at the head of 14,000 troops, in two columns, upon Plattsburg. One column, with all the baggage and artillery, proceeded by the lake road, and the other, under the command of General Brisbane, by Beekman- town. Major Appling, with his corps of riflemen, and Major Sproul, with a detachment of the 13th regiment of infantry, were ordered on the Lake road, to check the advance of the enemy ; which they endeavoured to do, by destroying bridges and felling trees in the road. On the 4th and 5th of September, the British advanced on both roads, and the column under General Brisbane encamped on the Beekmantown road, eight miles from Plattsburg, and two miles from General Mooers, who had 700 militia under his command. On the night of the 5th and 6th, General Macomb ordered Major Wool, with 230 regulars, to join General Mooers, and to give support to the militia, in retarding the advance of the enemy. At the dawn of day, General Bris- bane broke up his encampment, and resumed his line of march for Plattsburg. He was met by Major Wool, about seven miles from the latter place. A skirmish ensued, but in consequence of the superior force of the British, he was compelled to retreat, not, however, without disputing every inch of ground to Plattsburg, killing and wounding 120; among whom was Lieut.-colonel Wellington. Major Wool lost 45,^ killed and wounded. Sir George arrived in the course of the morning, with the main column, and encamped his whole army before Plattsburg. The situation of General Macomb was critical in the 'extreme. His whole regular force did not ex- ceed 2000, and his fortifications were merely a show of defence. Had Sir George pursued Major Wool across the Saranac, on the morning of the 6th, he no doubt could have taken with ease the forts occu- pied by General Macomb and his army. Prevost has been censured for this delay, which gave his enemy time to increase his force ; but the British commander, expecting that a part of the inhabitants would unite with him, calculated that his own force would also be augmented. Preferring to wait until the two fleets should have settled the question of the supremacy of the lake, he contented himself with doing little else than to erect seven batteries to assist in that which he considered certain, the capture of General Macomb and his army. 1128 THE HISTORY OF AMERICA. On the morning of the llth of September, Sir George formed his army in two columns, prepara- tory to an assault. Accordingly, one column passed the Saranac, and placed itself in rear of the Ame- rican position. The other column was in the village in front, ready to advance whenever the order might be given, or circumstances might justify. Such was the position of the British army, when the Bri- tish fleet made its appearance in the Bay of Platts- burg. It was commanded by Commodore Downie, and composed of the Confiance, a frigate of 39 guns, a brig of sixteen, two sloops of eleven, and several galleys, mounting in the whole, 95 guns, and hav- ing 1000 men. The American squadron, under Commodore Macdonough, was anchored in the bay. It mounted 86 guns, and had only 820 men. It consisted of the Saratoga, carrying 26 guns, the Eagle of 20 guns, the Ticonderoga, of seventeen, the Preble, of seven, and ten galleys. The British having the advantage of choice of position, anchored within 300 yards of the Ameri- can line, and at 9 o'clock, commenced the action. The Confiance was opposed to the Saratoga, the enemy's brig to the Eagle ; one sloop assisting their brig and ship, while the Saratoga and Eagle were supported by one division of the gallis, the remain- ing division being opposed to the schooner, sloop, and thirteen galleys of the enemy. The surface of the lake was unruffled, and for one hour and a half, the Saratoga and Confiance pourec upon each other a most destructive fire, while the smaller vessels commenced a close and spiritec action. The Eagle then cut her cable, and passing between the Ticonderoga and Saratoga, increased the danger of the American commodore, by leaving hin exposed to a heavy fire from the enemy's brig. Hii guns were dismounted, or had become unmanageable when by the skilful manoeuvre of winding his ship (in which Commodore Downie was unsuccessful, he brought a fresh broadside to bear upon the Con fiance ; and she surrendered. A broadside was then poured upon the brig, which in fifteen minutes sur rendered. The sloop opposed to the Eagle, as alsc that engaged with the galleys, struck some time be fore. Three of the galleys were sunk, and the re mainder escaped in a shattered condition. A frigate brig, and two sloops of war were the trophies of th victory. The action lasted two hours and a hali and the shattered appearance of both squadrons bor witness to the severity of the conflict. Commodor Downie was slain, with 84 men. One hundred an ten men were wounded. The loss of the American was 52 killed, and 58 wounded. At the moment of the engagement between th fleets, the British opened their land batteries upo the American works, but with little effect. The ceased however with the victory on the lake, whe Sir George recalled his columns from the contem plated assault, and commenced his retreat towarc Canada, leaving behind large quantities of ammu nition and military stores. The column placed i the rear of the Americans, was pursued by Genera Strong, with his militia, when the soldiers of on company were either killed, wounded or captured. Affairs interesting to the belligerents were als transacted on the ocean. During the month of April, Commodore Porte returned from his cruise in the Pacific ocean. H had sailed from the Delaware in the autumn of 1815 and after cruising off the eastern coast of Sout America for some time, he steered for the Pacif ocean, and arrived at Valparaiso in March 18K e proceeded to Lima. From thence he went to ;e Gallipagos Islands, and cruised among them atil October. Here he greatly annoyed the British mimerce, particularly the whale fishery. He cap- ured twelve armed whale ships, whose aggregate rce amounted to 107 guns, and 302 men. Of these prizes, the Atlantic was equipped with wenty guns, intended chiefly as a store ship, and ith the name of Essex Junior, given in command to jieutenant Downs. With this vessel, Downs con- ucted the prizes made by Porter, to the neutral ort of Valparaiso. Alarmed by the successes of the Essex, the British dmiralty had sent out Commodore Hillyar with the D ehbe frigate, carrying 53 guns, and a complement f 320 men, accompanied by Captain Tucker, with ic Cherub sloop of war, mounting 28 guns, and aving 180 men, making his whole force 81 guns nd 500 men. On learning the vicinity of this force, by the re- urn of Lieutenant Downs, Commodore Porter teered for the island of Noaheevah, for the purpose f refitting his vessel. He took possession of the sland in the name of the American government, named it in honour of the president, Madison's sland, and established a friendly intercourse among he. natives, whom he had found in a state of hosti- ity. Leaving three of his vessels under the charge )f Lieutenant Gamble, he proceeded to Valparaiso, and there, as he expected, met with Commodore ilillyar, who had been seeking him for five months. The Essex mounted 46 guns, but her crew at this ime consisted of only 250 men ; the^Essex Junior was manned by 60. Finding to his regret that his 'orce was greatly inferior to that of his adversary, Uommodore Porter remained blockaded in the port or six weeks. Determined to attempt an escape, the wind being favourable, he set sail on the 28th of March, 1814. On rounding the point at the entrance of the bay a sudden squall carried away his main topmast. The British gave him chase with both their ships. In his disabled state he anchored in a.small bay, within pistol shot of the Ashore, hoping that Commodore Hillyar would respect the neutrality of the place. Perceiving that they continued to approach, Porter made every preparation in his power to meet them, and sustain the honour of his flag. The British vessels commenced the attack, but so vigorously was it met, that in the course of half an hour the Phebe and Cherub were so much disabled as to re- tire for repairing damages. The crew of the Essex had suffered severely from the hot raking fire of the British ; but they still showed a spirit of brave and determined resistance. A tremendous firing was soon renewed. The Phebe being enabled to choose her distance, took a station out of the reach of the guns of the Essex, while with her long guns she poured upon the American frigate a destructive tire ; many of the guns had all their men destroyed, and one was manned three times during the action. Porter next endeavoured to board his antagonist, but his masts and rigging were shot away, and his ship became unmanageable. He next determined to run his vessel on shore, land his men, and de- stroy her; but the wind shifting, he was blown into a situation to receive the raking fire of the British. His ship caught fire. The flames burst in all direc- tions, and the brave men were threatened with in- stant death from the explosion of the magazine, near which the fire had taken. The boats had been cut to pieces, and the sailors received permission to UNITED STATES. 1129 swim for the shore, but most of them preferred re- maining with the commander to share the fate of the ship; the enemy still firing upon them. The sailors succeeded in extinguishing the flames of the Essex, not however until a considerable quantity of powder was exploded. With a desperate resolution they again went to their guns. Commodore Porter now determined to consult his officers on the expediency of surrendering, when, to his surprise, Lieutenant M' Knight was the only re- maining officer to be consulted. The commodore then gave his orders to strike the colours ; only 75 of the crew of the Essex remaining, the rest being killed or wounded. The loss of the enemy was also severe. Both vessels were in a sinking state. Commodore . Porter was sent on parole, in the Essex Junior, to the United States, where he was re- ceived at New York with distinguished honours. On the 21st of April the United States' sloop of war, Frolic, commanded by Commodore Bainbridge, was captured by the Orpheus frigate. On the 29th of the same month, the United sloop, the Peacock, of which Captain Warrington was the commander, captured the British brig Epervier, commanded by Captain Wales. The action took place in latitude 27 degrees, 47 minutes, north, and longitude 30 de- grees, 9 minutes. During its continuance, which was 45 minutes, the Epervier had eight men killec and fifteen wounded, while the Peacock escapee without a man killed, and two slightly wounded. The Wasp, commanded by Captain Blakely, lefi Portsmouth, (New Hampshire,) on the 18th of May On the 28th of June, near the entrance to St George's Channel, she fell in with the English brig Reindeer, commanded by Captain Manners. After an action of nineteen minutes the Reindeer having lost her commander and purser, and 27 men kille and 42 wounded, and having made two unsuccessfu attempts to board the Wasp, was herself boarded by the American vessel and forced to strike her colours She was so much injured during the engagement that the next day she was burned. The American lost in the action 26 killed and wounded. The Wasp continued her cruise, and after making several captures, put into the port of L'Orient, in France, on the 8th of July. She remained there un til the 27th of August, and when four days at sea sh met the brig Avon, commanded by Captain Arbuth not. After a severe action of 45 minutes, and afte orders were given to board her, three British vessel appeared in sight, and Captain Blakely was com pelled to abandon his prize. The Avon sunk soon after he left her. During the remainder of the cruise Captain Blakely captured fifteen merchant vessels but he never returned to port ; nor is it known wha was the fate of the vessel and her gallant crew. The last naval battle, ended in the loss of th American frigate President, then under the com mand of Commodore Decatur. Four British vessel were off Sandy Hook, blockading the harbour o New York ; the Pomone, the Tenedos, the Majesti andthe Endymion. Commodore Decatur attempte to put to sea on the 15th of January, 1815 ; whe they gave chase, and after eighteen hours he wa brought to an engagement with the Endymion For two hours and a half the action continued, an Decatur had silenced the guns of his adversary when the whole fleet appeared. Having one-fifth his crew killed or wounded, and being opposed b a force greatly superior to his own, he no longe hesitated to surrender. In October, communications were received fro e American commissioners in Europe. Great ritain demanded such terms as extinguished the opes of a speedy reconciliation. The situation of flairs in the United States was such as to alarm the iends of their country. The expenditure of the na- on greatly exceeded its income, its credit was low, s finances disordered, and a most bitter opposition as manifested to every measure of the administra- on ; yet its congress did not shrink from the du- es which the crisis imposed. New loans were au- lorized, taxes augmented, and every preparation ade for prosecuting the war with increased vigour. VIr. Munroe was appointed secretary of war, in k the lace of General Armstrong. The opposition had at this time assumed a bold ttitude ; some of the New England states, as has een related, refused to call out their militia, and Massachusetts even proposed to withhold the re- enue of the state from the general government. A onventlon of delegates from the New England tates was proposed, the object of which was, to ake into consideration the situation of the country, md'to decide upon such measures as might lead o a redress of supposed grievances. Members were appointed by the legislatures of Massachusetts, Con- necticut, and Rhode' Island. Two members from Hampshire and one from Vermont were ap- >ointed at county meetings. The convention met it Hartford, in Connecticut, on the 15th of Decem- ber, 1814, and sat nearly three weeks with closed doors. After their adjournment they published an address, charging the national government with pursuing measures hostile to the interests of New England, and recommending amendments of the 'ederal constitution. Among these amendments, it was proposed that congress should have no power to "ay an embargo for more than 60 days, that they ihould not interdict commercial intercourse, or de- 'lare war, without the concurrence of two-thirds of both houses ; that no person, who should be thereafter naturalized, should be eligible to a seat in the senate, or house of representatives, or hold any civil office under the government of the United States ; and that the same person should not be twice elected to the office of president of the United States, nor the pre- sident elected from the same state for two successive terms. A resolution was passed, providing for the calling of another convention, if the United States should refuse their-, consent to arrangements whereby the New England states, separately or in concert, might be empowered to assume upon them- selves the defence of their territory against the enemy, and appropriate therefore such part of the revenue raised in those states as might be neces- sary." The committee appointed [by the conven- tion to communicate these resolves to the govern- ment of the union, subsequently met at Washing- ton the news of peace. The proposed alterations of the constitution were submitted to the several states, and rejected by all except Massachusetts, Rhode Island, and Connec- ticut. Probably there had been no measure taken since America was a nation, soiodious to the great bulk of the people of the United States, as* this con- vention, or which subjected the agents to such se- vere personal as well as political censure. It is but right to give however the following defence made by one of the leading members of that body. " The Hartford Convention, far from being the original contrivance of a cabal, for anypurpose of faction or disunion, was a result, growing by natural conse- quences out of existing circumstances. More than 1130 THE HISTORY OF AMERICA. a year previous to its institution, a convention was simultaneously culled for by the people, in their town meetings, in all parts of Massachusetts. Pe- titions to that effect were accumulated on the tables of the legislative chamber. They were postponed for twelve months by the influence of those who now sustain the odium of the measure. The adop- tion of it was the consequence, not the source of a popular sentiment ; and it was intended, by those who voted for it, as a safety-valve by which the steam, arising from the fermentation of the times, mifht escape, not as a boiler in which it should be generated. Whether good or ill, it was a measure of the people, of states, of legislatures. How unjust to brand the unwilling agents, the mere committee of legislative bodies, with the stigma of acts which were first authorized, and then sanctioned by their constituted assemblies." Proceedings in the south La Fitte's disclosures Pensacola surrenders to the Americans General Jackson's preparations at New Orleans Capture of the American flotilla Contests between the armies Sir E. Packenham arrives with the main body of the British Jackson's Proceedings with the legisla- ture of Louisiana Battle of New Orleans Sir E. Packenham killed Subsequent rencontres British abandon the expedition Fort Bowyer surrenders- Peace proclaimed. After the peace with the Creeks, and about the first of August, General Jackson fixed his head-quarters at Mobile. Here he learned that three British shins had entered the harbo'ir of Pensaco la, and landed about.'SOO men, under Colonel Nicholls, and a large quantity of guns and ammunition, for the purpose of 'arming the Indians. . General Jackson also heard that the British meditated a descent, with a large force, upon the southern shores of the United States. He immediately made.a call for the militia of Tennessee, and was promptly furnished with 2000 men by that patriotic state Colouel Nicholls issued from Mobile a proclama- tion which was addressed to the inhabitants of Louisiana, Kentucky, or Tennessee ^inviting them to return to their allegiance, and help to restore the country to its rightful., owner. This proclamation produced no other effect but^contempt. If this at- tempt manifested Nicholls a weak man another brought him greater odium. West of the mouth of the Mississippi, the island of Barrataria was the resort of a band of marauders, who, by their darinor courage,' and the celerity and mysterious se- crecy of their movements, kept the country in a state of perpetual alarm; now appearing, to strike some unexpected blow of robbery perhaps of mur- der, sometimes by sea, sometimes by and, then sud- denly disapppearing, and constantly eluding pursuit Their numbers were formidable, amounting to 500 or 600. Their leader, La Fitte, was subtle and courageous ; possessing traits of magnanimity, yet unprincipled, as the chieftain of such a band must of*course be. They had made a pretence of sailing under the Carthagenian flag, as privateers, but their prizes were condemned in their own ports. In short, they were by land, robbers ; by sea, pirates. The American authorities, by whom they were.out- lawed, having endeavoured to root them out, applied to thetBritish to lend their assistance. Instead of this, Nicholls, disclosing to La Fitte that a powerful attempt was to be made on New Orleans, offered him a large reward, if, by his knowledge of the passes, he would aid the British in their approach to the threatened city. La Fitte drew from him important facts, and then dismissing his propositions with disdain, disclosed the whole to Claiborne, governor of Louisiana. Struck with this act of the pirate's generosity to a country which had set a price upon his head, and per- ceiving how valuable would be the services of the Barratarians in the crisis which was approaching, Governor Claiborne, by a proclamation, offered par- don to the whole band, if they would come forward in the present crisis in defence of the country. They joyfully accepted the proposition, and afterwards rendered essential services. m General Jackson had represented to the govern- ment, that the Spanish were not performing the part of a neutral nation, but were suffering the British to use the port of Pensacola for the purpose of --an- noyance to the Americans, and he therefore urged the propriety of taking it into possession during the war. Not having received an answer, he deter- mined to hazard the responsibility of taking pos- session of the port without the orders of the go vernmenL Having received his reinforcements, about the 30th of October he marched from Mobile, at the head of nearly 2000 men. Having arrived in th neighbourhood of Pensacola, on the 6th of November he sent a flag to the governor, for the purpose of conference, but his messenger was fired upon. On the 7th, he entered the town, at a place where he had not been prepared for, or expected. A battery was however formed in the street; but this was soon carried at the point of the bayonet, and the governor capitulated. The British troops destroyed the forts at the entrance of the har- bour, and with their shipping evacuated the bay. Jackson now returned to Mobile. He had received information that Admiral Cochrane had been rein- forced at Bermuda, and that thirteen ships of the line, with transports and an army of 10,000 men, were advancing. Believing New Orleans to be the place of their destination, he marched for that place, and reached it on the 1st of December. Early in the month of September, the inhabitants of Louisiana were impressed with the belief that the British were about to invade them with a power- ful force, and their principal citizens, among whom were Governor Claiborne, and Mr. Edward Living- ston, beheld the prospect with well-grounded alarm. This portion of the union having been but recently annexed, its yeomanry felt not the same-; pride of country as those of the older states. New Orleans being assailable from so many points, it was diffi- cult to secure it in all. Yet, far from being dis- couraged by difficulties, these patriotic citizens felt them only as stimulants to greater exertions. Go- vernor Claiborne issued his proclamation, calling on the people 'to arouse for the defence of their coun- try and their homes. Mr. Livingston, at a meeting of the citizens who convened on the 16th of Sep- tember to devise measures in -co-operation with the government of the state, made an eloquent and moving appeal, calling on the inhabitants to prove the assertion a slander, that they were not attached to the American government. The people aroused ; defences were commenced, guarding the principal passes, and volunteer corps were organized. In the mean time. General Jackson arrived, and all classes concurred in putting him at the head of affairs. His powerful talents and invariable success in war, lad already made him regarded, particularly near the seat of his victories, as invincible ; and believing UNITED STATES. that he could and would preserve them in safety, or lead them to victory, the inhabitants were content to put all their strength, pecuniary and physical, at his disposal. Confident in his own energies, he took, with a firm and unwavering step, the perilous post assigned him ; satisfied that his own breast should be the first to meet the shock which menaced his country. It was ascertained that the British with 60 sail of the line, were off Ship Island. Jackson neglected no measure which might increase his military force, or make it more effective, or that would put at his disposal more labouring hands, in the building of defences. The motley populati-m of New Orleans, the slaves, the free people of colour, Frenchmen, Spaniards and Americans, all were employed. The British had passed into lake Borgne. A naval force consisting of several small vessels, under Lieutenant Jones, met them at one of the straits which connect that lake with the Ponchartrain. The British, being provided with a great number of boats, sent 43, with 1200 men, against the American flotilla, which was manned with only 180 men. After a gallant defence, in which Lieutenant Jones sunk several of their barges, he was compelled to surrender his fleet to the superior force of the as- sailants. The loss of this fleet, which had been sup- posed adequate to defend the passes, placed New Orleans in still greater danger. Having reason to believe that there were persons in the city who carried intelligence to the British, an embargo was laid for three days. That not an idle hand might be found, the prisons were cleared, on condition that the prisoners should labour in the ranks. La Fitte and the Barratarians arrived, and were employed. To keep in order and direct the energies of such a mass, General Jackson judged that the strong arm of military control only could be effectual. The danger of the times was extreme ; it was a case of preservation or destruction, which a few days must decide, and the general took the daring responsibi- lity of proclaiming martial law. On the morning of the 22nd of December, 3000 British troops, under General Kean, landed at the head of lake Borgne, and at two o'clock, after mak- ing prisoners of a small advanced party of Ameri- cans, they posted themselves about nine miles be- low New Orleans. General Jackson lost no time in preparing to meet them. Apprehending that they would pass the strait from lake Borgne to lake Pon- chartrain, and thus make a double attack, he posted part of his force under General Carroll, on the Gentilly road, so as to intercept their approach in that direction. At five on the afternoon of the 23rd, General Jackson, accompanied by General Coffee, having the co-operation of the Caroline, an armed vessel, attacked the enemy in their position on the bank of the river. The charge of the Ame- ricans was bravely made, but the British troops maintained their position. A thick fog coming on, General Jackson, whose men were now for the first time acting in concert, deemed it prudent to draw off his army. Having rested on the field, he with- drew on the morning of the 24th, to a stronger position, two miles nearer the city. The loss of the Americans was about 100, in killed, wounded, and missing ; that of the British, 224 killed, besides a large number wounded. In the discretion with which General Jackson now took his position, and the diligence, care and activity with which he fortified it, consists much of the merit of his defence of New Orleans. His camp occupied both banks of the Mississippi. On the left was a parapet of a thousand yards in length, in the construction of which bags of cotton were used, with a ditch in front, containing five feet of water. The right wing of the division here posted, rested on a river, and the left on a wood which na- ture and art had rendered impervious. On the right bank of the river, a heavy battery enfiladed the whole front of the position on the left. The entire army were vigorously occupied in strength- ing these lines. In the mean time, the British who had been greatly annoyed by the fire of the Caroline, con- structed a battery, which by means of hot shot, set fire to the vessel, and blew her up ; she having been one hour before abandoned by her crew. On the 25th Sir Edward Packenham, the com- mander-in-chief of the British force, accompanied by Major-general Gibbs, arrived at the British en- campment with the main army, and a large body of artillery. On the 28th, Sir Edward advanced with his army and artillery, intending to force Jackson from his position. At the distance of half a mile from the American camp, he opened upon their yet unfinished works a heavy cannonade. This was met on the part of the Americans, by the broadsides of the Louisiana, then lying in the river, and by the fire of their batteries. Aftej maintaining the contest for seven hours, the British commander re- tired with the loss of 120 men. The loss of the Americans was inconsiderable, being only six killed and twelve wounded. While engaged in the conflict of the 28th, Ge- neral Jackson was informed that plans were forming in the legislature of Louisiana, then in session, for entering into negotiations with the British. In the moment of irritation, he sent an order to Governor Claiborne, to watch their conduct, and if such a project was disclosed, to place a military guard at the door, and confine them to their chamber. Go- vernor Claiborn, misconstrued the order, and placed a guard which prevented their assembling. Eaton in his life of General Jackson, says, " My object in this, remarked the general, was that then they would be able to proceed with their business, without producing the slightest injury; whatever schemes they might entertain would remain with themselves, without the power of circulating them to the prejudice of any other interest than their own. I had intended to have had them well treated, and kindly dealt by ; and thus obstructed from every thing passing without doors, a better opportunity would have been afforded them to enact good and whole- some laws. But Governor Claiborne mistook my order, and instead of shutting them in-doors, con- trary to my wishes and expectations, turned them out." (1815.) On the morning of the 1st of January, the British having constructed batteries near the American lines, immediately opened a heavy fire upon them, and at the same time made an attempt to turn their left flank. They were repulsed, and in the evening abandoned their position. The loss of the Americans on this occasion, was six killed and 24 wounded. The British were supposed to have had 120 men killed. On the 4th of January, General Jackson received a reinforcement of 2500 Kentucky militia, under General Adair. On the 6th, the British army was augmented by 4000 troops under General Lambert. Their army amounted at this time to 14,000, while that of General Jackson did not exceed 6000. 1132 THE HISTORY OF AMERICA. On the 7th, the British commanders were making the most vigorous preparations for a meditated at- tack. At immense labour they had widened and deepened the canal from lake Borgne to the Missis- sippi, so that, on the night of the seventh, they suc- ceeded in getting their boats from the lake to the river. Early on the morning of the 8th, the Ame- rican army was assailed by a shower of bullets and Congreve rockets. The British army marched in two divisions under General Gibbs and General Kean, the whole commanded by Sir Edward Pack- kenham, to storm the American intrenchments. The American batteries opened a brisk fire upon them, but the soldiers advanced slowly, though firmly, carrying fascines and scaling-ladders. The keen and practised eyes of the western marksmen were, as they advanced, selecting their men. When the British were within reach of their rifles, the advanced line fired, and each brought down his man. Those behind handed a second loaded rifle as soon as the first was discharged. The plain was strewed with the dead, and the British faltered and retreated in confusion. Sir Edward appeared among them, encouraging them to renew the assault. Two balls struck him, and he fell, mortally wounded. A second time the British columns advanced, and a second time retreated before the deadly fire of the Americans. Again their thinned ranks were closed, and they moved forward with desperate resolution. Generals Kean and Gibbs were now both wounded, and carried from the field. Their troops fell back. At this time General Lambert, who commanded the reserve, attempted to bring them up, but the day was irretrievably lost. The retreating columns had fallen back in disorder upon the reserve, and all his attempts to rally were vain. In the mean time, the battle was raging upon the opposite side of the river. Gen. Jackson had there placed the Kentucky militia, to guard his battery and annoy the British. Previous to the commence- ment of the action, Sir Edward Packenham had sent Colonel Thornton, with a strong detachment to make an attack upon these batteries, simultaneous with his own. Thornton was completely successful. The Kentucky militia, after having spiked the can- non, ingloriously fled, and left to the enemy the strong position which they occupied. General Lambert, now in command, and defeated on the left bank of the river, learning the success of Thorn- ton, sent an artillery-officer to examine the position, who, giving it as his opinion that the post could not be securely held without 2000 men, 'he concluded to abandon it, and accordingly ordered Colonel Thornton to rejoin the main army. The disparity of loss on this occasion is utterly astonishing.; that of the British was 2600, while that of the Americans was but seven killed and six wounded ! On the 9th, both armies returned to their former position. From this period until the 18th, a bombardment was kept up by the British fleet at. They apply to England for succour . 224 His death terminates the rebellion . ib. Balboa, Vasco Nunez de. Settles a colony at Santa Maria, in the gulf of Darien . 49 Receives intelligence of the rich country of Peru . . . . 50 His character . . ,51 Marches across the isthmus . . ib. Discovers the Southern Ocean . ib. His return . . . .52 Superseded in his command by the appoint- ment of Pedrarias Davila . ib. Tried by Pedrarias for former transactions jb. Appointed lieutenant-governor of the coun- tries on the South sea, and marries Pedra- rias's daughter . . .53 Arrested and put to death by Pedrarias ib. Bark. A production peculiar to Peru . 194 Barrere. His description of the construction of Indian houses . . . 255 Behaim, Martin. The honour of having disco- rered America is falsely ascribed to him by some German authors . . 240 Account of him and his family . . ib. Behring and Tschirikow. Russian navigators, thought to have discovered the north-west extremity of America from the eastward 68 Uncertainty of their accounts . 247 Benalcazar. A governor of St. Michael, who reduced the kingdom of Quito . .146 Is deprived of his command by Pizarro 151 Benjamin (the Jew of Tudela). His extraor- dinary travels . . .11 Bernald'o. Instance of the bravery of the Caribbees mentioned by him . 257 Bethencourt, John de. A Norman baron, who conquered and retained possession of the Canary Islands . . .12 Birds. An account of those natural to America 64 Their flights often stretch to an immense dis- tance from land . . 239 Bogota (In America). Some account of its inhabitants . . 84 Causes of their tame submission to the Spaniards . . .85 Their religious doctrines and rites . 94 Bojador, Cape. Its first discovery . .13 INDEX. Page Doubled by the Portuguese discoverers 14 Possu. His account of the American war-song 254 Bovadilla, Francis de. Sent to Hispaniola to inquire into the conduct of Columbus . 40 Sends Columbus home in irons . . ib. Is degraded . . .41 Bougainville. His defence of the Periplus of Hanno .... 236 Bouguer, M. His character of the native Pe- ruvians . . . . 250 Brazil. The coast discovered by Alvarez Ca- bral . . . .39 Remarks on the climate . 245 Bridges. Those of Peru described . .176 Buenos Ayres. A short account of that pro- vince .... 180 Bulls (papal). Of no force in Spanish Ame- rica, until examined and approved of by the royal council of the Indies . . 190 Burial. Mode of performing that ceremony in America . . . .94 C. Cabot, Giovanni. Appointed to command the first expedition to explore unknown countries 205 Embarks with his son at Bristol . . ib. Discovers Newfoundland . . ib. Returns to England . . . ib. No advantage is derived from his discoveries ib. The scheme is abandoned . . ib. He is appointed governor of a company of merchant adventurers, for whom he ob- tains a charter . . . 206 Cabot Sebastian. Sails on an expedition to South America . . . 206 Visits Brazil, and touches at Hispaniola and Puerto Rico. His voyage extends the sphere of English navigation, and proves the means of opening an intercourse with the Archipelago, and some towns on the coast of Syria . . . ib. Cabral, Alvarez. A Portuguese commander, who discovers the coast of Brazil . 39 Cacao. The best in quality, produced in the Spanish American colonies . . 194 The preparation of chocolate from it de- rived from the Mexicans . . 198 Cadiz. The galleons and flota removed thither from Seville . . . .196 California. Discovered by Fernando Cortes 136 The true state of this country long unknown 179 Why depreciated by the Jesuits . ib. Favourable account given of it by Don Jo- seph Galvez . . . ib. California. Their character by P. Venegas 251 Compeachy. Discovered by Cordova, who is repulsed by the natives . . 60 Campomanes, Don Pedro Rodriguez. Character of his political and commercial writings 278 His account of the produce of the Spanish American mines . . . 280 Canary Islands. Erected into a kingdom by Pope Clement VI. Conquered by John de Bethencourt . . .12 Cannibals. No people ever found to eat human flesh for subsistence, though often for re- venge . . 88,254 Canoes. Their construction described . 91 Caraccas. Establishment of the company tra- ding to that coast ' . 199 Growth of the trade . . 2/7 Caribbee Islands. Discovered by Columbus in his second voyage . . .30 Caribbees. Their spirit peculiarly tierce 100 Their character by M. de Chanvalon . 251 Probable conjecture as to the distinction in character between them and the natives of the larger islands . . 257 Carpini. His extraordinary mission to the prince of the Tartars . . .11 Carthagena. The harbour, the safest and best fortified of any in all the Spanish American dominions . . . 181 Carthaginians. State of commerce and naviga- tion among them . . f: The famous voyages of Hanno and Himlico ib. Carvajal, Francisco de. Contributes to Vaca de Castro's victory over young Almagro . 154 Encourages Gonzalo Pizarro to assume the sovereignty of the country . . 158 Seized by Gasca, and executed . . 162 Castillo, Bernal Diaz del. Character of his His- toria Verdadera de la Couquista de la Neuva Espagna . 257-8 Centeno, Diego. Revolt from Gonzalo Pizarro to the viceroy of Peru . . .158 Defeated by Carvajal, and secretes himself in a -cave " . . ib. Sallies out and seizes Cuzco . .161 Reduced by Pizarro . . ib. Employed by Gasca to make discoveries in the regions about the river Plata . 163 Chancelour, Richard. Sails in search of a north- west passage. The fleet is scattered in a storm. He enters the White Sea, and-winters at Archangel. Visits Moscow, a distance of 1200 miles, and delivers a letter to the czar 206 The means of opening a trade with Russia . 207 Empowered by Queen Elizabeth to negotiate with the czar in her name . ib. Chanvalon, M. de. His character of the native Caribbees , . . .251 Chapetones. Who thus distinguished in the Spanish American colonies . 187 Charles HI. (king of Spain). Establishes packet- boats between Spain and the colonies =, 199 Allows free trade to the windward islands ib Grants the colonies a free trade with each other . . . .200 Charles V. (Emperor). Sends Roderigo de Fi- gueroa to Hispaniola as chief judge, to regu- late the treatment of the Indians . 56 Causes this subject to be debated before him 58 Equips a squadron at the solicitation o* i* cr- dinand Magellan . . J32 Resigns his claim on the Moluccas to tie Portuguese . . . 133 Appoints Cortes governor of New Spain 134 Rewards him on coming home . . 135 Establishes a board called the Audience of New Spain . . ib. His consultations on American affairs . 154 Establishes new regulations . , 155 'hesapeake. See Virginia. Chili. Invaded by Almagro . . 147 How subjected by the Spaniards . 180 Excellence of its climate and soil . ib. Cause of its being neglected. . ib. Prospect of its improvement . ib Chiquitos. Political state of the people, from Fernandez . . 2o3 INDEX. Page Chocolate. Its use derived from the Mexicans 198 Clwtula (Mexico). Arrival of Cortes there, with some account of the town . .112 \. conspiracy against Cortes discovered, and the inhabitants destroyed . . ib. Church. Sentiments respecting church-govern- ment at the reformation . . 225 Religious persecution in the reigns of Queen Mary and Queen Elizabeth 226 Intolerant spirit of the church . . ib. Separation of the Puritans from the church 227 They are reduced into an ecclesiastical sys- tem by Robert Brown, a popular de- clainier, and adopt the name of Brownists ib. Take refuge in Holland . . ib. Remove thence to America . . ib. Church-government is established in Massa- chusetts' bay . . .229 Its intolerance . . . ib. The intolerance of Laud increases the emi- grations from England . . 230 Cicero. Instance of his ignorance in geography 237 Cinaloa. Political state of the people there 253 Their mode of living . . . 255 Their utter want of religion . . 256 Extraordinary large grain of gold found there 270 Cineguilla (in the province of Sonora). Late discoveries of rich mines made there by the Spaniards . . .179 Probable effects of these discoveries . ib, Clavlgero, M. Several of his objections an- swered . . 275 Clement VI. (Pope). Erects the Canary islands into a kingdom . .12 Climates. Influenced by a variety of causes 62 Their operation on mankind . 100 Inquiry into the cause of their different de- grees of heat . 244 Cochineal. An important production, almost peculiar to New Spain . . 194 Cold. Extraordinary predominance of cold in the climate of America . . 62 Causes of this peculiarity . . 63 Colonies. Project of settling the English American colonies . . 208 Two expeditions sail . . 209 The first colony established in Virginia ib. In danger of perishing by famine ; it returns to England . . . il. A second attempt made to settle there, but the colony perishes by famine . 210 The scheme of settling there is abandoned. Circumstances in the reign of Elizabeth unfavourable to colonization . . ib. The reign of James favourable to the esta- blishment of colonies . 211 James divides the coast of America into two parts; the one called the first, or south colony of Virginia; the other, the second or north colony . . '212 He grants charters to two companies for the government of them. Tenour and defects of those charters . ib. Under these charters the settlement of the English in Virginia and New England were established . ' ib. Captain Newport sails from England for Vir- ginia, and discovers the Chesapeake 213 Sails up James' river, and founds a settle- ment in James' town. Its bad administration ib. It is annoyed by the Indians, and suffers Page from scarcity and the unhealthiness of the climate . . 213 Seasonable succours are sent from England ib. A survey of the country is undertaken 214 The colony depends for subsistence chiefly on supplies from the natives . . ib. A change is made in the constitution of the company, and a new charter is granted with more ample privileges . ib. Lord Delaware is appointed governor of tbe colony . . . . ib. Anarchy prevails there . . ib. It is almost reduced by famine . . ib. Lord Delaware arrives, and by his wise ad- ministration restores order and discipline 215 His health obliges him to return to England, and he is superseded by Sir Thomas Dale, who establishes martial law . . ib. A new charter is issued to the colony, and new privileges are granted . 216 Cultivation of the land is promoted, and a treaty entered into with the natives . ib. The land in Virginia becomes property . ib. The culture of tobacco is introduced, and its pernicious consequences . . ib. The company in England send out a number of young women to induce the colonists to form more extensive plans of industry. Ne- groes are first introduced . . 217 A new constitution is given to the colony . ib. A general massacre of the English is planned by the Indians, and executed in most of the settlements . . .218 A bloody war is commenced with the Indians, and neither old nor young are spared . ib. The settlements extend, and industry revives ib. Defects in the first constitution of the co- lonies . . . . 219 King Charles's arbitrary government of them 220 He grants them new privileges . . 2*2 1 They flourish under the new government ib. The colonists remain attached to the royal cause, and parliament makes war on Vir- ginia, which is obliged to acknowledge the commonwealth . . . ib. Restraints are laid on the trade of the co- lonies . . 222 The colonists are dissatisfied with these re- straints . . . . ib. Are the first to acknowledge Charles II., but their loyalty is ill rewarded . ib. Restraint on their commerce further ex- tended by the navigation act . . ib. Effects of the act . . . 223 Colonists remonstrate against it . . ib. The colony of Virginia is attacked by the Indians . . ib. Discontents are produced by the grants of land by the crown . . . ib. A colony is established at New Plymouth, in New England, Plan of its government 228 A grand council is appointed . . ib A new colony is projected . . ib. Settles at Massachusetts bay . . 229 The chapter of the company in England being transferred to the colonies, they ex- tend in consequence of it . ib. The colonists increase . . .231 New settlers arrive ... ib. Sectaries settle iu Providence and Rhode Island . 232 INDEX. Page Theological contests give rise to a colony at Connecticut . . 232 Emigrants from Massachusets' bay settle there . . . 233 Settlements are formed in the provinces of New Hampshire and Maine . ib. State of the colonies at the revolution . 235 Are exempted from certain duties . ib. Enter into a league of confederacy . ib. Assume the right of coining . ib. Are patronized by Cromwell, who proposes to transport them to Jamaica * . 236 They decline his offer . . ib. (See New England,, Virginia, &c.) Colonies (Spanish American). View of their policy and trade . . .182 Depopulation the first effect of them . ib. Causes of this depopulation . . ib. The small-pox very fatal to them General idea of the Spanish policy . 184 Early interposition of the royal authority ib. An exclusive trade their first object . 186 Compared with those of ancient Greece and Rome . . ib. The great restrictions to which they are sub- jected . . . ib. Slow progress of their population from Eu- rope . . .187 Are discouraged by the state of property ib. Also by the nature of their ecclesiastical po- licy . . . . ib. Various classes of people . . ib. Their ecclesiastical constitution . , 190 Form and endowments of the church there ib. Pernicious effects of monastic institutions there . . . ib. Character of their ecclesiastics . , ib. Productions . . .192 Mines . . . . ib. Those of Potosi and Sacotecas . 193 The spirit with which they are worked . ib. Fatal effects of this ardour . ib. Other commodities composing their commerce 194 Amazing increase of horned cattle . ib. Advantages which Spain formerly derived from them . . . ib. Why the same advantages are not still re- ceived . ib. Guarda costas employed to check the contra- band trade . . 198 The use of register ships introduced . ib. Galleons laid aside . . ib. Company of the Caraccas instituted . 199 Establishment of regular packet-boats . ib. Free trade permitted between them . 2(X] New regulations in their government . ib Reformation of the courts of justice . ib New distribution of governments . 201 A fourth viceroyalty established . . ib Attempts to reform domestic policy . ib Trade with the Philippine islands . 202 Revenue derived from them by Spain . 202 Expense of administration there . . ib, State of the population . . 271 The number of monasteries there . . 274 (See Mexico, Peru, &c.) Columbus, Bartholomew. Sent by his brother Christopher to negotiate with Henry VfL, king of England . . .20 The misfortunes of his voyage . ib Follows his brother to Hispaniola . 32 Is vested with the administration of affairs theie by his brother on his return to Spain Founds the town of St. Domingo . 'olumbus, Christopher. H is birth and education His early voyages . Marries and settles at Lisbon His geographical reflections Conceives the idea of making discoveries to the westward Offers his services to the Genoese senate Cause of his overtures being rejected in Por- tugal Applies to the courts of Castile and England His proposal, how treated by the Spanish geographers Is patronized by Juan Perez His proposals again rejected Is invited by Isabella, and engaged in the Spanish service Preparations for his voyage . The amount of his equipment Sails from Spain His vigilant attention to all circumstances during his voyage Apprehensions of his crew . His address in quieting their cabals Indications of their approaching land . An island discovered . He lands His interview with the natives Names the island San Salvadore Prosecutes his discoveries southward Discovers, and lands on, the island of Cuba Discovers Hispaniola . Suffers shipwreck, but is saved by the Indians Builds a fort Returns to Europe His expedient to preserve the memory of his discoveries during a storm Touches at the Azores . Arrives at Lisbon . His reception in Spain His audience with Ferdinand and Isabella His equipment for a second voyage Discovers the Caribbee islands Finds his colony on Hispaniola destroyed . Builds a city which he calls Isabella . Visits the interior parts of the country His men discontented and factious Discovers the island of Jamaica . Meets his brother Bartholomew at Isabella The natives ill used by his men, and begin to be alarmed He defeats the Indians Exacts tribute from them Returns to Spain to justify his conduct Is furnished with a more regular plan for colonisation His third voyage . Discovers the island of Trinidad Discovers the continent of America State of Hispaniola on his arrival Composes the mutiny of Roldan and his adherents .... Is distressed by the factious behaviour of his men . . . Complaints carried to Spain against him Is sent home in irons Clears his conduct, but is not restored to his authority . His solicitations neglected Page INDEX. vii Page Forms new schemes of discovery . . 42 Engages in a fourth voyage . . ib. His treatment at Hispaniola . . ib. Searches after a passage to the Indian ocean 43 Is shipwrecked on the coast of Jamaica . ib. His artifice to secure the friendship of the Indians . . .44 Is delivered, and arrives at Hispaniola . ib. Returns to Spain . . ib. His death . . . .45 His right to the original discovery of America defended . . . .240 The spirit of adventure raised in England by his discoveries . . . 204 Is checked by the want of skill in naviga- tion .... 205 His system of opening a passage to India, by steering a westein course, is adopted by Cabot . . . . ib. Columbut, Don Dieyo. Sues out his claim to his father's privileges . . 48 Marries and goes over to Hispaniola . ib. Establishes a pearl-fishery at Cubagua ib. Projects the conquest of Cuba . . 49 His measures thwarted by Ferdinand . 54 Returns to Spain . . . ib. Commerce. The era from which its commence- ment is to be dated . . 4 Motives to an intercourse among distant nations . . ib. Flourishing state of commerce in the Eastern empire after the subversion of the Western 9 Revival of commerce in Europe . 10 Compass, Mariner's. Navigation extendedmore by the invention of this instrument, than by all the efforts of preceding ages . . 12 By whom invented . . ib. Condamine, M. His account of the country at the foot of the Andes in South America . 246 His remarks on the character of the native Americans . . . 251 Congo. Discovered by the Portuguese . 16 Constantinople. The consequence of removing the seat cf the Roman empire to this city 9 Continued a commercial city after the extinc- tion of the Western empire . . ib. Become the chief mart of Italy . 10 Cordova, Francisco Hernandez. Discovers Yu- catan . . . .59 Is repulsed at Campeachy, and returns to Cuba . . . .60 Corita, Alonzo. His observations on the contra- band trade of the Spanish colonies . 202 Character of his American memoirs . 266 Cortes, Fernando. His birth, education, and character . . . .101 Appointed by Velasquez commander of the armament fitted out by him against New Spain . . 102 Velasquez becomes jealous of him . ib. Velasquez sends orders to deprive him of his commission, and lay him under an arrest ib. Is protected by his troops . 103 The amount of his forces . . Reduces the Indians at Tabasco . . Arrives at St. Juan de Ulna . His interview with two Mexican commanders 104 Sends presents to Montezuma Receives others in return His schemes . . Establishes a farm of civil government . 107 Page Resigns his commission under Velasquez, and assumes the command in the king's name 107 His friendship courted by the Zempoallans . ib. Builds a fort . . .108 Concludes a formal alliance with several caziques . . . . ib. Discovers a conspiracy among his men, and destroys his ships . 109 Advances into the country . . ib. Is opposed by the Tlascalans 110 Concludes a peace with them . .111 His rash zeal . . . ib. Proceeds to Cholula . . .112 Discovers a conspiracy against him here, and destroys the inhabitants . ib. Approaches in sight of the capital city of Mexico . . . 113 His first interview with Montezuma . ib. His anxiety at his situation iu the city of Mexico . . . 114 Seizes Montezuma . . .115 Orders him to be fettered . . 116 Reasons of his conduct . . ib. Prevails on Montezuma to own himself a vassal to the Spanish crown . 117 Amount and division of his treasure . ib. Enrages the Mexicans by his imprudent zeal 118 An armament sent by Velasquez to supersede him . . ib. His deliberations on this event . .119 Advances to meet Narvaez . . 120 Defeats Narvaez and takes him prisoner 121 Gains over the Spanish soldiers to his in- terest . . . . ib. Returns to Mexico . . 122 His improper conduct on his arrival . ib. Is resolutely attacked by the Mexicans ib. Attacks them in return without success . ib. Death of Montezuma . 123 His extraordinary escape from death . ib. Abandons the city of Mexico . ib. Is attacked by the Mexicans . . ib. His great hopes in the encounter . 124 Difficulties of his retreat . . ib. Battle of Otumba Defeats the Mexicans . . 125 Mutinous spirit of his troops . ib. Reduces the Tepeacans . . 126 Is strengthened by several reinforcements ib. Returns to Mexico . . ib. Establishes his head-quarters at Tezeuco 127 Reduces or conciliates the surrounding coun- try . . b. Cabals among his troops His prudence in suppressing them . 128 Builds and launches a fleet of brigantines on the lake . . . ib. Besieges Mexico . . . ib. Makes a grand assault to take the city by storm, but is repulsed Evades the Mexican prophecy . . 130 Takes Guatimozin prisoner . Gains possession of the city . . ib. And of the whole empire Defeats another attempt to supersede him in his command . 133 Is appointed governor of New Spain . 134 His schemes and arrangements . . ib. Cruel treatment of the natives . ib. His conduct subjected to inquiry . . 135 Returns to Spain to justify himself . ib, INDEX. Page Is rewarded by the Emperor Charles V. . 135 Goes back to Mexico with limited powers ib Discovers California . . . 136 Returns to Spain and dies . . ib, Inquiry into the nature of his letters to the Emperor Charles V. . .257 Authors who wrote of his conquest of New Spain . . ib, Council of the Indies. Its power . .185 Creoles. Character of those in the Spanish American colonies . . 187 Croglan, Colonel George. His account of the discovery of the bones of a large extinct species of animals in North America . 246 Crusades. The great political advantages de- rived from them by the European nations 10 Cruzado (Bulls of}. Published regularly every two years in the Spanish colonies . 203 Their prices and amount of the sale at the last publication . . . 278 Cuba. Discovered by Christopher Columbus 26 Is sailed round by Ocampo . . 47 The conquest undertaken by Diego Velas- quez . . . .49 Cruel treatment of the cazique Hatuey, and his repartee to a friar . . 50 Columbus's enthusiastic description of a har- bour in this island . . 239 The tobacco produced there the finest in all America . . .194 Cubayua. A pearl-fishery established there . .48 Cumano. The natives revenge their ill treat- ment by the Spaniards . . 58 The country desolated by Diego Ocampo . 59 Cusco. The capital of the Peruvian empire, founded by Manco Capac . . 140 Seized by Pizarro . . . 145 Besieged by the Peruvians . . 148 Surprised by Almagro . . . ib. Recovered and pillaged by the Pizarros 150 The only place entitled to the uamu of city in all'Peru . .177 D. Dancing. A favourite amusement among the Americans . . .95 Darien. This isthmus described . .51 The increase of settlement there, obstructed by the noxiousness of the climate . 181 Delaware, Lord. Appointed governor of Vir- ginia .... 214 His wise administration there . 215 Obliged to return to England on account of his health . . . . ib. De Solis. His unfortunate expedition up the river Plata . . . 53 De Solis, Antonio. Character of his Historia de la Conquista de Mexico . . 258 D'Esguilache, Prince. His rigorous measures for restraining the excesses of the regular clergy there . . . 191 Rendered ineffectual . . . ib. DiaZj Bartholomew Discovers the Cape of Good Hope . .16 Discoveries. The difference of tnose made by land and those made by sea . . 237 Dodvtell. His objections to the Peri plus of Hanno exploded . . 236 Domingo, St., on the island of Hispanic!*, founded by Bartholomew Columbus 36 Dominicans. Those in Hispaniola publicly re- monstrate against the cruel treatment of the Indians . . . .54 (See Las Casas.) Drake, Sir Francis. Sails round the world . 208 Drunkenness. Strong propensity of the Ame- ricans to indulge in this vice 90 E. Earth. How divided into zones by the ancients 9 Egyptians. The ancient commerce and naviga- tion among them . . .4 El Dorado. Wonderful reports of Orellana concerning a country so called . 15:> Elephant. An animal peculiar to the torrid zones . . . . 210 Elizabeth. Her reign auspicious to discovery 207 She encourages commerce, and secures the trade of Russia . . . ib. Circumstances in her reign unfavourable to colonization . . . 210 Her high idea of her superior skill in theo- logy . . . 226 Escurial. Mr. Waddilove discovers a curious calendar in the library there . . 268 Description of that valuable monument of Mexican art . . ib. Esquimaux Indians. Their resemblance to the Grcenlauders . . .69 Some account of them . . . 2!V Eugene IV. (Pope). Grants to the Portuguese an exclusive right to all the countries they should discover, from Cape Non to the con- tinent of India . . .15 Europe. How affected by the dismemberment of the Roman empire by the barbarous nations 9 Revival of commerce and navigation . 10 Political advantages derived from the crusades ib F. Ferdinand (king of Castile). Turns his affection towards the regulation of American affairs 40 Don Diego de Columbus sues out his father's claims against him . . .47 Erects two governments on the continent of America . . ,48 Sends a fleet to Darien and supersedes Balboa 52 Appoints Balboa lieutenant-governor of the countries on the South Sea . . 53 Sends Diaz de Solis to discover a western passage to the Moluccas . . ib. Thwarts the measures of Diego de Columbus 54 His decree concerning the treatment of the Indians . . . . ib. Fernandez, Don Diego. Character of his His- toria del Peru . . . 263 Fernandez, P. His description of the political state of the Chiquitos . . . 254 Figueroa, Roderigo de. Appointed chief judge of Hispaniola, with a commission to examine into the treatment of the Indian natives 56 Makes an experiment to determine the capa- city of the Indians . . 59 Florida. Discovered by Juan Ponce de Leon 50 The chiefs there hereditary . . ib. Account from Alvar Nuignez Cabeca de Vaca . 252 Flota, Spanish. Its course . . 196 tseca, bishoo of Badajos, and minister for INDEX. Page Indian affairs, obstructs the plans for coloni- zation and discovery formed by Columbus 34, 36 Patronizes the expedition formed by Alonzo deOjeda . . '38 Frvbisher, Martin. Makes three unsuccessful attempts to discover a north-east passage to India . 208 G. Galleons, Spanish. The nature and purpose of these vessels . . .196 Arrangement of their voyage . . ib. Galoez, Don Joseph. Sent to discover the true state of California . . 179 Mama, Vasco de. His voyage for discovery . 38 Doubles the Cape of Good Hope . ib. Anchors before the city of Melinda . ib. Arrives at Calicut, in Malabar . ib. Gaming. Strange propensity of the Americans to this vice . . . .96 Ganyes. Erroneous ideas of the ancients as to the position of that river . . 237 Gasca, Pedro de la. Sent to Peru as president of the Court of Audience, in Lima . 159 His character and moderation . ib. The powers he was vested with . . 160 Arrives at Panama . . 162 Acquires possession of Panama with the fleet and forces there . . ib. Advances towards Cuzco . . 161 Pizarro's troops desert to him . 162 His moderate use of the victory . ib. Devises employment for his soldiers . 163 His division of the country among his followers ib. The discontents it occasions . . ib. Restores order and government . ib. His reception on his return to Spain . ib. Geminus. Instance of his ignorance in geo- graphy . . .237 Geography. The knowledge extremely con- fined among the ancients . . 8 Becomes a favourite study among the Ara- bians ... 10 Giants. Recent discoveries do not confirm the accounts given of them by early travellers 11, 250 Gilbert, Sir Humphrey. The first colony con- ducted by him to North America . 208 A charter granted to him and his heirs . ib. Conducts another expedition, which ends disastrously, and in which he perishes 209 Gii>''a, Flavio. The inventor of the mariner's compass . . .12 Globe. Its division into zones by the ancients 8 Cold. Why the first metal with which man was acquainted . . 82 Extraordinary large grain found in the mines of Cinaloa . . . 270 Gornaro. Character of his Chronica de la Nuova Efepagna . . . 257 Good Hope, Cape of, discovered by Bartholo- mew Diaz . . .16 Gosnold, Bartholomew. The first who attempts to steer a direct course from England to North America . . .211 Descries Massachusett's-bay, and returns to England . . . . ib. The consequences of his voyage . ib. Government. No visible form of government established among the native Americans . S3 Exceptions . . . ib. Page Gran Chaco. Lorano's account of the method of making war among the natives . 254 Granada. By whom this new kingdom in America was reduced to the Spanish dominion 182 Its climate and produce . '. ib. A viceroy lately established there . ib. Greeks. Progress of navigation and discovery among the ancient Greeks . . 6 Their commercial intercourse with other na- tions very limited . . ib. Greenland. Its vicinity to North America . 68 . Greenville, Sir Richard. Establishes a colony in Virginia, which being in danger of perish- ing by famine, is obliged to return to Eng- land . . . .209 Appears off the coast soon after the depar- ture of the colony, and lands fifteen of his crew to keep possession of the island, who are destroyed by the savages . . 210 Grijalua, Juan de. Sets out from Cuba on a voyage of discovery . . 60 Discovers and gives name to New Spain . ib. His reasons for not planting a colony in his newly discovered lands . . 61 Guarda, Costas. Employed by Spain to check illicit trade in the American colonies . 198 Guatimala. The indigo there 'superior to any in America . . . 194 Guatimozin. This nephew and son-in-law of Montezuma succeeds Quetlavaca in the king- dom of Mexico . . . 127 Repulses the attacks of the Spaniards in storming the city of Mexico . 130 Taken prisoner by Cortes . . 131 Tortured to discover his treasure . ib. Is hanged .... 134 Guiana, Dutch. Cause of the excessive ferti- lity of the soil . . . 247 H. Hakluyt. Improves the naval and commercial skill of the age in which he lived . . 211 Empowered to settle any part of the South colony of Virginia . . 212 Hanno. His Periplus defended, with an account of his voyage . . . 236 Hatuey (a cazique of Cuba} . His cruel treat- ment and memorable repartee to a Franciscan friar . . . .50 Hawkesu-orth's Voyages. Account of New Hol- land and the inhabitants Heat. The different degrees of, in the Old and New continents, accounted for . . 244 Estimated . . 247 Henry (prince of Portugal). His character and studies . . . .13 Expeditions formed by his order . . 14 Applies for a papal grant for his new dis- coveries . . .15 His death . . . . ib. Herrada, Juan de. Assassinates Francis Pi- zarro .... 153 Dies . . . .154 Herrera. The best historian of New Spain . 258 His account of Orellana's voyage . 265 Hispaniola. The island discovered by Christo- pher Columbus . . .26 The transactions of Columbus with the natives ib. Columbus leaves a colony there . .27 The colony destroyed . . 28 INDEX. Page A city built by Columbus, called Isabella . 31 The natives from ill usage begin to be alarmed . . .33 They are defeated by the Spaniards . ib. A tribute exacted from them . 34 They scheme to starve the Spaniards . ib. Bartholomew Columbus founds St. Domingo 36 Columbus sent home in irons by Bovadilla . 40 Nicholas de Ovando appointed governor 41 View of the conduct of the Spaniards towards the natives . . .45 Unhappy fate of Anacoana . . 46 Great produce from the mines . . ib. Diminution of the inhabitants . 47 The Spaniards recruit them by trepanning the natives of Lucayas . . ib. Arrival of Don Diego de Columbus . 48 The natives almost extirpated by slavery 49, 54 Controversy concerning the treatment of them 54 Columbus's account of the humane treatment he received from the natives . 239 Curious instance of superstition in the Spa- nish planters . . . 246 Holyuin, Pedro Alvarez. Erects the royal standard in Peru, in opposition to the younger Almagro . . .154 Vaca de Castro arrives and assumes the com- mand . . . . ib. Homer. His account of the navigation of the ancient Greeks ... 6 Honduras. The value of that country owing to its production of the logwood-tree . 179 Horned cattle. The amazing increase of them in Spanish America . . 194 Horses. Astonishment and mistakes of the Mexicans at the first sight of them . 259 Expedient of the Peruvians to render them incapable of action . . 265 Huana, Capac (inca of Peru). His character and family . . . .140 Huascar, Capac {inca of Peru). Disputes his brother Atahualpa' s succession to Quito . ib. Defeated and taken prisoner by Atahualpa . 141 Solicits the assistance of Pizarro against his brother . . ib. Put to death by order of Atahualpa . 143 Hutchinson, Mrs. Heads a sect of religious women in New England, who are denomi- nated Antinomians . . 232 Her doctrines are condemned by a general synod . . . ib. Jamaica. Discovered by Christopher Columbus 32 Jerome, St. Cardinal Ximenes sends three monks of that order to regulate the treatment of the Indians . . .55 Their conduct under this commission . ib. They are recalled . . 56 Jesuits. Acquire an absolute dominion over California . . . .179 Their motives for depreciating the country ib. Jews. Their ancient state of commerce and navigation Incas of Peru. Received origin of their empire 140 Their empire founded both in religion and policy .... 173 (See Pern.) India. The motives of Alexander the Great in his expedition ... 6 Page How the commerce was carried on in ancient times with that country . . 8 When the arts began to revive in Europe 10 The first voyage was made round the Cape of Good Hope . . .38 Attempts to discover a north-west passage unsuccessful . . . 206 An attempt made by the north-east . ib. A company of merchants in England is in- corporated to prosecute discoveries . ib. A communication attempted by land . 207 Queen Elizabeth encourages the design ib. Indians (in Spanish America). See Americans. Indies (West). Why Columbus's discoveries were so named . . .30 Innocent IV. (Pope). His extraordinary mis- sion to the prince of the Tartars . 1 1 Inquisition (Court of the). When and by whom first introduced into Portugal . . 238 Insects and Reptiles. Why so numerous and noxious in America . . 64 John I. (king of Portugal). The first who sent ships to explore the western coasts of Africa . . . .13 His son, Prince Henry, engages in these attempts . . . . ib. John II. (king of Portugal). Patronizes all at- tempts towards discoveries . . 16 Sends an embassy to Abyssinia . . ib. His ungenerous treatment of Columbus ib. Iron. The reason why savage nations were un- acquainted with this metal . . 82 Isabella (queen of Castile). Applied to by Juan Perez in behalf of Columbus . 21 Again applied to by Quintanilla and San- tangel . . . . ib. Prevailed on to equip him . . 22 Dies . . . .45 Her real motive for encouraging discoveries in America . . . 183 Isabella (the City of). Built by Columbus in Hispaniola . . . .31 Italy. The first country in Europe where civi- lization and arts revived after the overthrow of the Roman empire . . 10 The commercial spirit, active and enter- prising . . . . ib. Ladrone Islands. Discovered by Ferdinand Magellan . .133 Lakes. Their amazing size in North America 62 Las Casas t Bartholomew. Returns from Hispa- niola to solicit the cause of the enslaved In- dians at the court of Spain . . 55 Sent back with powers by Cardinal Ximenes ib. Returns dissatisfied . . 56 Procures a new commission to be sent over on this subject . . . ib. Recommends the scheme of supplying the colonies with Negroes . . 57 Undertakes a new colony . . ib. His conference with the bishop of Darien before the Emperor Charles V. . 58 Goes to America to carry his schemes into execution . . . ib. Circumstances unfavourable to him . ib. His final miscarriage . . .59 Revives his representations in favour of the Indians, at the desire of the emperor 155 INDEX. Page Composes a treatise on the destruction of America .... 155 Leon, Pedro Cuza de. Character of his Chro- nica del Peru . . . 263 Lery. His description of the courage and fero- city of the Toupinambos . . 254 Lima. The city in Peru founded by Pizarro 147 Logwood. The commodity which gives im- portance to the provinces of Honduras and Yucatan . . .179 Policy of the Spaniards to defeat the English trade in those provinces . . ib. Louis, St. (king of France). His embassy to the khan of the Tartars . .11 Lozano. His account of the method of making war among the natives of Gran Chaco . 254 Luque, Hernando de. This priest associates with Pizarro in his Peruvian expedition . 136 M. Madeira. The island first discovered . 14 Madoc (prince of North Wales). Story of his voyage and discovery of North America exa- mined .... 241 Magellan, Ferdinand. His account of the gigantic size of the Patagonians . . 75 The existence of this gigantic race yet to be decided . . .75, 250 His introduction to the court of Castile . 132 Equipped with a squadron for a voyage of discovery . . . ib. Sails through the famous strait that bears his name . . . . ib. Discovers the Ladrone and Philippine islands 133 Is killed . . ib. Maynet. Its properties of attracting iron known to the ancients, but not its polar inclination 4 Extraordinary advantages resulting from this discovery . . . .12 Malo, Si. Account of its commerce with Spa- nish America . . . 197 Manco, Capac. Founder of the Peruvian em- pire .... 140, 173 Mandeville, Sir John. His eastern travels, and character of his writings . .11 Manila. The colony established by Philip II. of Spain . . . 202 Trade between the colony and South America ib. Mankind. Their disposition and manners formed by their situation . . .66 Resemblances therefore to be traced in very distant places without communication ib. Have uniformly attained the greatest perfec- tion of their nature in temperate regions . 100 Marco Polo (the Venetian). His extraordinary travels in the East . . 11 Marest, Gabriel. His account of the country between the Illinois and Machilimakinac . 253 Marina, Donna. A Mexican slave Marinus, Tyrius. His erroneous position of China 238 Martyr, Peter. His sentiments on the first dis- covery of America . 241 Maryland. See Virginia. Massachusetts' Bay. See America, New Eng- land, &c. Merchants (English). The right of property in the North American colonies vested in a company of merchants resident in London . 212 Charters granted to two companies to make settlements in America . ib. Page Tenour and defects of these charters . 212 A new charter granted to them with more ample privileges . . 214 They are divided by factions . . 218 An inquiry instituted into their conduct 219 They are required to surrender their charter, which they refuse . . . ib. A writ of quo warranto is issued against them ib. They are tried in the court of King's Bench, and the company is dissolved . ib. Their charter transferred to the colonists . 230 Mestizos. Distinction between them and mu- lattoes . . . .188 Metals. The original natives of America totally unacquainted with useful metals . . 81 Mexicans. Their account of their own origin compared with later discoveries . 69 Their paintings few in number, and of am- biguous meaning . . .165 Description of their historical pictures . 267 Various exaggerated accounts of the number of human victims sacrificed bv them . 269 Their language furnished with respectful ter- minations for all its words . . 266 How they contributed to the support of go- vernment . . . . ib. Mexico. Arrival of Fernando' Cortes on the coast . . . .103 His interview with two Mexican officers . 104 Information sent to Montezuma, with some Spanish presents . . ib. Montezuma sends presents to Cortes, with orders not to approach his capital . 105 State of the empire at that time . ib. The Zempoallans court the friendship of Cortes . . . .107 Several caziques enter into alliance with Cortes . . . .108 Character of the natives of Tlascala . 109 The Tlascalans reduced to sue for peace . Ill Arrival of Cortes at the capital city . 113 The city described . . 114 Montezuma acknowledges himself a vassal to the Spanish crown . . .117 Amount of the treasure collected by Cortes ib. Reasons of gold being found in such small quantities . . . . ib. The Mexicans enraged by the imprudent zeal of Cortes . .118 Attack Alvarado during the absence of Cortes . . . .121 Their resolute attack on Cortes when he re- turned . . .122 Death of Montezuma . . . 123 The city abandoned by Cortes . 124 Battle of Otumba . . . 125 The Tepcacans reduced . . 126, Preparations of the Mexicans against the re- turn of Cortes . . . ib. Cortes besieges the city with a fleet on the lake 129 The Spaniards repulsed in storming the city 130 Guatimozin taken prisoner . . 131 Cortes appointed governor . . 134 His schemes and arrangements . . ib. Inhuman treatment of the natives . ib. Reception of the new regulations there . 156 A retrospect into the form of government, policy, and arts . .164 Our information of the Mexican monarchy very imperfect . , .165 Origin of the monarchy . . ib. xii INDEX. Page Number and greatness of the cities . 166 Mechanical professions there distinguished from each other . . ib. Distinction of ranks . . . ib. Political institutions . . 167 Power and splendour of their monarchs . 168 Order of government . . ib. Provision for the support of it . ib. The police of the Mexican government ib. The progress of the Mexicans in various arts ib. Their paintings . . . ib. Their method of computing time . .169 Their wars continual and ferocious . ib. Their funeral rites . . .170 Imperfection of their agriculture . ib. Doubts concerning the extent of the empire ib. Little intercourse among its several provinces ib. Ignorance of money . . .171 State of their cities . . ib. Temples and other public buildings . ib. Religion, priests, &c. . ib. Causes of the depopulation of this country . 182 The small-pox very fatal there . 183 Number of Indian natives remaining there . 184 List and character of those authors who wrote accounts of the conquest of Mexico . 257 Description of the aqueduct for the supply of the capital city . . . 266 (See Colonies.) Michael, St. Balboa discovers and names this gulf, in the South Sea . . .51 The colony established by Pizarro . 140 Migrations of mankind. Why first made by land . . . .4 Mind (human). Its effects proportioned to the wants of the body . . .76 Mines of South America. The great induce- ment to population . . 178 Their produce . . 193 The spirit with which they are worked ib. Fatal effects of this ardour . . ib. Evidence of the pernicious effects of labour- ing in them . . . 273 Total produce of the Mexican mines to the Spanish revenue . . . 279 Molucca Islands. The Spanish claims sold by the Emperor Charles V. to the Portuguese 133 Monastic institutions. Their pernicious effects in the Spanish American colonies . 190 Number of convents in those colonies . 274 Monsoon*. When their periodical course was discovered by navigators Montesena (a Dominican preacher at St. Do- mingo). Publicly remonstrates against the cruel treatment of the Indians . 54 Montezuma. The first intelligence received by the Spaniards of this prince . . 61 Receives intelligence of the arrival of Fer- nando Cortes in iiis dominions . 104 His presents to Cortes . . . 105 Forbids him to approach his capital . ib, State of his empire at this time . . ib His character . . ib His perplexity at the arrival of the Spaniards ib His timid negotiations with Cortes . ib His scheme for destroying Cortes at Cholula discovered . . . .112 His irresolute conduct . . 11 His first interview with Cortes . . ib Seized by Cortes and confined to the Spanish quarters - . . . 11 Is fettered . . . .116 Acknowledges himself a vassal to the Spanish crown . . 117 Remains inflexible with regard to religion . 118 Circumstances of his death . . 123 Account of a gold cup of his in England . 267 Mulattoes. Explanation of this distinction in the Spanish American colonies . 188 N. Narvaez, Pamphilo. Sent by Velasques with an armament to Mexico to supersede Cortes . 119 Takes possession of Zempoalla . 120 Defeated and taken prisoner by Cortes . 1 21 How he carried on his correspondence with Montezuma . . . 260 Natchez (an American nation). Their political institutions . . . .84 Causes of their tame submission to the Spa- niards . . . 85 Their religious doctrines . . ib. Navigation. The art very slowly improved by mankind ... 3 The knowledge of the art prior to commercial intercourse . . ... 4 The imperfections of it among the ancients ib. More improved by the invention of the mari- ner's compass than by all the efforts of preceding ages . . .12 The first naval discoveries undertaken by Portugal . . . . ib. Negroes. Their peculiar station under the Spa- nish dominion in America . . 188 First introduced into Virginia . 217 New England. The first attempts to settle herein unsuccessful . . . 225 Religious disputes give rise to the colony there . . . ib. A settlement is formed at New Plymouth in Massachusetts' Bay . . . 228 Plan of its government . . ib. All property is thrown into a common stock ib. A grand council is appointed . . ib. A new colony is projected at Massachusetts' Bay, and a charter granted for its establish- ment .... 228 Its settlement there . . . 229 A new church instituted there . ib. Its intolerance . . ib, Charter of the English company of merchants in London transferred to the colonies 230 The colony of Massachusetts' Bay extends . ib. None but members of the church are admitted as freemen there . . 230 Bad consequences of this regulation . 231 The settlement increases, and the assembly is restricted to the representatives of free- men . , . ib. Extent of political liberty assumed by the assembly . . . . ib. Spirit of fanaticism spreads in the colony ib. New settlers arrive, and the doctrine of the Antinomians are condemned by a general synod . . . . ib. Sectaries settle in Providence and Rhode Island . . 232 Theological contests give rise to the colony of Connecticut . . . ib, Emigrants from Massachusetts' Bay settle in Connecticut . . . 233 INDEX. Page The Dutch, who had established a few trading towns on the river there, peaceably with- draw . . . .233 Settlements are formed in the provinces of Nw Hampshire and Maine . ib, Further encroachments of the English re- sisted by the natives . . . ib, War with the Pequod tribes commenced ib, Purification of the army . . ib, The Indians defeated . . . 234 Cruelties exercised against them . 234 Emigration from England to the colonies pro- hibited by proclamation . . ib Colony of Massachusetts' Bay is sued at law, and found to have forfeited its rights . ib. Confederacy of the States . . 235 Newfoundland. Its situation described . 244 Discovered by Cabot . . 205 New Holland. Account of the country and its inhabitants . . . 253 New Plymouth. Settlement . . 228 (See Colonies, New England.") New Spain. Discovered and named by Juan de Grijalva . . .CO (See Mexico.) Nigno, Alonzo. His voyages to America 39 Norwegians. In ancient times this people might have migrated to, and colonized Ame- rica. . . . .69 Nugnez Vela, Blasco. Appointed viceroy of Peru, to enforce the new regulations 15G His character . . . 157 Commits Vaca de Castro to prison . ib. Dissensions between him and the court of audience . . . . ib. Is confined . . ib. Recovers his liberty . . . 158 Resumes his command . . ib. Pursued by Gonzalo Pizarro . . ib. Defeated and killed by Pizarro . ib. O. Ocampo, Diego. Sent with a squadron from Hispaniola to desolate the country of Cu- * mana . . 58 Ocampo, Sebastian de. Sails round Cuba and discovers it to be an island . . 47 Ocean. Continues long a formidable barrier to the intercourse between distant countries although adapted to facilitate it . .3 (See Compass, Navigation.) Ojeda, Alonzo de. His private expedition to the ' West Indies ... 38 His second voyage . . .41 Obtains a government on the continent 48 Olmedo, Father Bartholomew de. Checks the rash zeal of Cortes at Tlascala in Mexico 112 Sent by Cortes to negotiate with Narvaez 120 Orellana, Francis. Appointed to the command of a bark built by Gonzalo Pizarro, and deserts him . . . 152 Sails down the Maragnon . . ib. Returns to Spain with a report of wonderful discoveries . . ib. Herrea's account of his voyage . . 265 Orgognez. Commands Almagro's party against the Pizarros, and is defeated by them . 150 inoco. This great river discovered by Chris- topher Columbus . . .36 The great plenty of fish in this river 252 Page Strange method of choosing a captain among the Indian tribes on the banks of this river 68 Otaheite. The inhabitants ignorant of the art of boiling water Sent governor to His- 25* 12 4 1 ib 4'. Otumba. Battle beween Cortes and the Mexi- cans .... Ovando, Nicholas de. paniola . His prudent regulations Refuses admission to Columbus on his fourth voyage His ungenerous behaviour to Columbus on his shipwreck . . .43 Receives him at length, and sends him home 44 Engages in a war with the Indians . 45 His cruel treatment of them . . ib. Encourages cultivation and manufactures 4C His method of trepanning the natives of the Lucayos . . . .45 Is recalled . .45 P. Pacific Ocean. Why, and by whom, so named 133 Packet-boats. Their first estsblishment between Spain and her American colonies . 199 Panama.'. Settled by Pedrarias Davila . 53 Parmenides. The first person who divided the earth by zones . . . 238 Patagonians. Account of them . . 75 The reality of their gigantic size to be de- cided . . .75, 253 Pedrarias Davila. Sent with a fleet to super- sede Balboa in his government of Santa Maria, on the isthmus of Darieii . . 52 Treats Balboa ill . . ib. Rapacious conduct of his men . . ib. Is reconciled to Balboa, and gives him his daughter . . . .53 Puts Balboa to death . . ib. Removes his settlement from Santa Maria to Panama . . . . ib. Penguin. The name of that bird not derived from the Welsh language . . 241 Perez, Juan. Columbus patronized by him at the court of Castile . . .21 His solemn invocation for the success of Co- lumbus's voyage . . 23 Periplus of Hanno. The authenticity of that work justified . . . 236 Peru. The first intelligence concerning this country received by Vasco Nugnez de Balboa 50 The coast discovered by Pizarro . 138 Pizarro's second arrival . . 139 His hostile proceedings against the natives ib. The colony of St. Michael established . 140 State of the empire at the time of this invasion ib. The kingdom divided between Huascar and Atahualpa . . . ib. Atahualpa usurps the goverment . -141 Huascar solicits assistance from Pizarro ib. Atahualpa visits Pizarro . . 142 Is seized by Pizarro . . . 143 Agreement for his ransom . . ib. Is refused his liberty . . .144 Cruelly put to death . .145 Confusion of the empire on this event . ib. Quito reduced by Beualcazar . . 146 The city of Lima founded by Pizarro . 147 Chili invaded by Almagro . . ib. Insurrection of the Peruvians . ib. Almagro put to death by Pizarro . 150 XIV INDEX. Page Pizarro divides the country among his fol- lowers . . .151 Progress of the Spanish arms there . ib. Francis Pizarro assassinated . .153 Reception of the new regulations there 156 The viceroy confined by the court of au- dience . . . .157 The viceroy defeated and killed by Gonzalo Pizarro . . .158 Arrival of Pedro de la Gasca . . 160 Reduction and death of Gonzalo Pizarro 162 The civil wars there not carried on with mer- cenary soldiers . . ib. Gratified with immense rewards . . ib. Their profusion and luxury . . ib. Ferocity of their contests . . ib. Their want of faith . . 163 Instances . . . . ib Division of the country by Gasca among his followers . . ib A retrospect into the original government, arts, and manners of the natives . The high antiquity they pretend to . 17< Their records . . . ib Origin of their civil policy . . ib This founded on religion . . ib The authority of the Incas absolute and un- limited . . .17 All crimes were punished capitally . ib Mild genius of their religion . ib Its influence on their civil policy . ib And on their military system . 175 Peculiar state of property there . . ib Distinction of ranks . . ib. State of the arts . . . ib. Improved state of agriculture . ib. Their buildings . . . 176 Their public roads . . ib. Their bridges ... ib. Their mode of refining silver ore . 177 Works of elegance , . . ib. Their civilization but imperfect . ib. Cuzco the only place that had the appear ance of a city No perfect separation of professions tie commercial intercourse ib. ib. ib. 178 ib. Litt Their unwarlike spirit Eat their flesh and fish raw Brief account of other provinces under the viceroy of New Spain . . ib. Causes of the depopulation of this country . 183 The small-pox very fatal there . ib. Writers who gave accounts of the conquests of Peru . . . .262 Their method of building . 270 The revenue derived from Peru by Spain . 278 Peter I. (czar of Russia). His extensive views in prosecuting Asiatic discoveries . 67 Phenidans (Ancient). The state of commerce and navigation among them . . 5 Their trade, how conducted . . 236 Philip II. (of Spain). His turbulent disposition aided by his American treasures . . 195 Establishes the colony of Manila . 202 Philip III. Exhausts his country by inconsi- derate bigotry 195 Philippine Islands. Discovered by Ferdinand Magellan . . .133 A colony established there by Philip II. of Spain . . . .202 Trade with America ib. Phytic. Why the art is connected with divina- tion in America . . .94 Pinta (Chevalier). Description of the charac- teristic features of the native Americans 249 Pinzon, Vincent Yanez. Commands a vessel under Columbus in his first voyage of dis- covery . .22 Sails to America on a private adventure with four ships . . 39 Discovers Yucatan . . .47 Pizarro, Ferdinand. Besieged by the Peruvians in Cuzco . . .148 Surprised there by Almagro . . ib. Escapes with Alvarado . . ]49 Defends his brother at the court of Spain .151 Is committed to prison . . ib. Pizarro, Francisco. Attends Balboa in his set- tlement on the isthmus of Darien . . 49 Marches under him across the isthmus, where they discover the South Sea . 51 His birth, education, and character . 136 Associates with Almagro and De Luque in a voyage of discovery . . 137 His ill success . . . ib. Is recalled, and deserted by most of his fol- lowers . . . ib. Remains on the island of Gorgona for supplies 138 Discovers the coast of Peru . . ib. Returns to Panama . . ib. Goes to Spain to solicit reinforcements ib. Procures the supreme command for himself . 139 Is assisted with money by Cortes . ib. Lands again in Peru . . . ib. His hostile proceedings against the natives ib. Establishes the colony of St. Michael . 140 State of the Peruvian empire at this time ib. Cause of his easy penetration into the country 141 Is applied to by Huascar for assistance against his victorious brother Atahualpa ib. State of his forces . . . ib. Arrives at Caxamalca . . ib. Visited by the Inca . . . 142 His perfidious seizure of him . 143 Agrees to Atahualpa's offer for his ransom . ib. Division of their plunder . . ib. Refuses Atahualpa his liberty . .144 His ignorance exposed to Atahualpa , ib. Bestows a form of trial on the Inca . ib. Puts him to death . . .145 Advances to Cuzco . . ib. Honours conferred on him by the Spanish court . . . .146 Beginning of dissensions between him and Almagro ' . . . ib. His civil regulations . . .147 Founds the city of Lima . . ib. Insurrection of the Peruvians . . ib. Cuzco seized by Almagro . . 148 Deludes Almagro by negotiations . 149 Defeats Almagro and takes him prisoner 150 Puts Almagro to death . . . ib. Divides the country among his followers 151 The impolitic partiality of his allotments . ib. Makes his brother Gonzalo governor of Quito ib. Assassinated by Juan de Herrada . 153 Pizarro, Gonzalo. His brother Francis makes him governor of Quito . . 151 His expedition over the Andes . . ib. Deserted by Orellana . . 152 His distress on this event . . ib. His disastrous return to Quito . ib INDEX. Page Encouraged by the people to oppose Nugnez Vela, the new viceroy . . 157 Assumes the government of Peru . 158 Marches against the viceroy . . ib. Defeats and kills him . . . ib. Advised by Carvajal to negotiate with the court of Spain . , . ib. Consultations of the court on his conduct . 159 His violent resolutions on the arrival of Pedro de la Gasca . . .160 Resolves to oppose him by violence . 161 Marches to reduce Centeno at Cuzco . ib. Defeats him . . . ib. Is deserted by his troops on the approach of Gasca . . .162 Surrenders and is executed . . ib. His adherents men of no principle . 163 Plata (Rio de}. Discovered by Dias de Solis 53 Its amazing width . . . 244 Playfair (Professor). The result of his compa- rison of the narrative and charts given in Captain Cook's voyages, published in 1780, and Mr. Coxe's account of the Russian dis- coveries printed in the same year, in which the vicinity of the two continents of Asia and America is clearly ascertained . . . 248 Pliny (the naturalist). An instance of his igno- rance in geography . . 237 Ponce de Leon, Juan. Discovers Florida . 50 Romantic motive of his voyage . ib. Population of the earth. Slow progress . 3 Porto Bella. Discovered and named by Chris- topher Columbus . . .43 Porto Rico. Settled and subjected by Juan Ponce de Leon . . .47 Porto Santo. Its first discovery . 14 Portugal. When and by whom the court of inquisition was first introduced into that country . . . 238 Portuguese. View of the circumstances that induced them to undertake the discovery of unknown countries . . 13 Their first African discoveries . . ib. Madeira discovered . . 14 They double Cape Bojador . . ib. Obtain a papal grant of all the countries they should discover . . .15 Cape Verd Islands and the Azores discovered ib. Voyage to the East Indies by Vasco de Gama 37 Potosi. The discovery of the rich silver mines 193 The mines greatly exhausted and scarcely worth working . . . 236 Prisoners of war. How treated by the native Americans . . . .87 Property. The idea unknown to the native Americans . . .82 Notions of the Brazilians concerning it . 253 Protector. The functions of the protector of the Indians in Spanish America . 189 Ptolemy. This philosopher's geographical de- scription is more ample and exact than that of his predecessors . . .9 His geography translated by the Arabians 10 His erroneous position of the Ganges ; 237 Quetlavaca (brother of Montezuma). Succeeds him as king of Mexico . . 126 Conducts in person the fierce attacks which obliged Cortes to abandon his capital . ib. Page Dies of the small-pox . 127 Quevedo (bishop of Darieri), His conference with Las Casas on the treatment of the Indians in the presence of the Emperor Charles V. . ' . .58 Quicksilver. The property of the famous mines at Guancabelica reserved by the crown of Spain .... 276 Why the price is reduced . . ib. Quinquina (or Jesuits' Bark). This production peculiar to Peru . . . 194 Quipos. Some account of the historic cords of the Peruvians . . . 173 Quito. This kingdom overcome by Huana Capac, inca of Peru . . 140 Leaves it to his son, Atahualpa . . 141 Atahualpa's general revolts after his death 145 Reduced by the Spaniards under Benalcazar 146 Benalcazar deposed, and Gonzalo Pizarro made governor . . . 151 R. Raleigh. Resumes the plan of settling colonies in North America . ' . . 209 Dispatches Amadas and Barlow to examine the intended settlements, who discover Vir- ginia and return to England . . ib. Establishes a colony in Virginia, and obliged by famine to return to England . ib. Makes a second attempt to settle a colony there, which perishes by famine . 210 Abandons the design . . ib. Ramusio. His defence of Hanno's account of the coast of Africa . . . 236 Register-ships. Why introduced in the trade between Spain and her colonies . '198 Supersede the use of the galleons . ib. Religion. An inquiry into the religion of the native Americans . . .92 Ribus. His account of the political state of the people of Cinaloa . . . 253 Their want of religion . . 256 Rio de la Plata. Account of this province and that of Tucuman . . .181 Rivers. Their amazing size in America . 62 Robison (Professor). His remarks on the tem- perature of various climates . . 244 Roldan, Francis. Columbus leaves him chief- justice in Hispariola . Becomes the ring-leader of a mutiny . Submits . . . ib. Romans. Their progress in navigation and dis- covery . Their military spirit averse to mechanical arts and commerce . . . ib. Navigation and trade favoured in the pro- vinces under their government . 8 Their extensive discoveries by land . ib. Their empire and the sciences destroyed to- gether . . 9 Rubruquis (Father) . His embassy from France to the khan of the Tartars . .11 Russia. A trade opened to this empire by the English . . . .207 Restricted to a company of British mer- chants . . ib. The connexion with the Russian empire by Queen Elizabeth . . ' . ib. Russians. Their discoveries in Asia . 67 Uncertainty of those discoveries . . 247 INDEX. S. Page Sacotecas. Rich silver mines discovered . 193 San Salvador. Discovered and named by Chris- topher Columbus . . .25 Sancho, Don Pedro. Account of his history of the conquest of Peru . . 262 Sandoval. The shocking barbarity executed by him, in Mexico . .134 Sandoval, Francisco Tello de. Sent by the Em- peror Charles V. to Mexico as visitador of America . . 156 His moderation and prudence . . ib. Savage Life. A general estimate . 97 Scalps. Motive of the native Americans for taking them from their enemies . . 254 Serralvo, Marquis de. His extraordinary gains during his viceroyalty in America . 280 Seville. -Extraordinary increase of its manu- factures by the American trade . 277 Its trade greatly reduced The American trade removed to Cadiz . 196 Silver ore. The Peruvian method of refining it 177 Small-pox. Indian territories depopulated by this distemper . 231 Son or a. Late discoveries of rich mines by the Spaniards . . .179 Soul. American ideas of its immortality 94 South-Sea. First discovered by Vasco Nugnez de Balboa .... Spain. General idea of the policy of Spain with regard to the American colonies Its dominions in America subjected to two viceroys A third viceroyalty lately established The colonies compared with those of Greece and Rome Advantages she derived from her colonies Why she does not still derive the same Rapid decline of trade This decline increased by the mode of regu- lating the intercourse with America 51 184 ib. ib. ISO 194 ib. 195 ib. Employs Guarda Costas to check illicit trade 198 The use of register-ships introduced . ib. The company of Caraccas established . 199 Commercial ideas enlarged there . ib. Free trade permitted to several provinces . ib. Revenue derived from America . 203 Specification . 278 Spaniards. Their curious form of taking pos- session of newly discovered countries . 242 Strabo. A citation from his works proving the great geographical ignorance of the ancients 237 His own want of geographical knowledge 238 Superstition. Always connected with a desire of penetrating into the secrets of futurity 94 T. Tapia, Christoval de. Sent from Spain to Mexico, to supersede Cortes in the command, but fails in the attempt . 133 Tartars. The possibility of their migrating to America . . .68 Tlascala, in Mexico. Character of the natives 109 Oppose the passage of the Spaniards . 110 Reduced to sue for peace . . Ill Tobacco. That of Cuba, the best flavoured of any in all America . . .194 Introduced into England Consequences of its culture in Virginia . 216 Page Its exportation thence is annually increased !2t / Trade for it opened with Holland . ib. Grants and monopoly . . . 220 Toupinambos. Account of their ferocious courage from Lery . . . 254 Trade. No efforts made in England to extend it in the reign of Henry VII. or his imme- diate successors . . . 205 To what causes that neglect was owing 206 Trade* (Free). Opened between Spain and her colonies . . 200 Increase of the Spanish customs from this measure .... 278 Trade Winds. Their periodical course, when discovered by navigators . . 8 Travellers (Ancient'). Character of their writings 11 Trinidad. This island discovered by Christo- pher Columbus on his third voyage . 36 Tucuman. Account of this province ; also that of Rio de la Plata . . 180 Tyre. How (he commerce of this city is con- ducted . . . .236 Tithes of Spanish America. How applied by the court of Spain . . 279 V. Vaca de Castro, Christoval. Sent from Spain to regulate the government of Peru Arrives at Quito . Assumes the supreme authority . Defeats young Almagro Prevents an insurrection concerted to oppose the new regulations . Imprisoned by the new viceroy Valverde, Father Vincent. Curious harangue to Atahualpa, Inca of Peru Gives his sanction to the trial and condem- nation of Atahualpa Vega, Garcilasso de la. Character of his com- mentary on the Spanish writers concerning Peru Vegetables. Their natural tendency to fertilize the soil where they grow Velasquez, Diego de. Conquers the island of Cuba His preparations for invading New Spain His difficulty in choosing a commander for the expedition Appoints Fernando Cortes . His motives to this choice Becomes suspicious of Cortes Orders Cortes to be deprived of his commis- sion and arrested Sends an armament to Mexico after Cortes Senegas, P. His character of the native Californians . Venereal Disease. Originally brought from America Appears to be wearing out Its first rapid progress Venezuela. History of that settlement Venice. Its origin as a maritime state . Travels of Marco Polo . Verd Islands. Discovered by the Portuguese Viceroys. The Spanish dominions in America subjected to two viceroys A third lately established Their powers A fourth established 151 153 ib. 154 156 157 142 145 263 65 49 101 ib. ib. 102 ib. ib. 118 251 75 76 250 181 10 ib. 15 1S5 ib. ib. 201 INDEX. Page Villa Segnor. His account of the state of popu- lation in New Spain . . 272 His detail of the Spanish American revenue 278 Villefagna, Antonio. Foments a mutiny among Cortes' troops . . .127 Discovered by Cortes and hanged . 128 Virginia. Its first discovery . . 209 Attempts to settle there unsuccessful . ib. Second attempt to settle there, when the co- lony perishes by famine . . 210 The scheme of settling there abandoned 21 1 Divided into two colonies . . 212 Charters granted to two companies to make settlements there . . ib. Captain Newport sails from England to Vir- ginia and discovers the Chesapeake . 213 He proceeds up James river, and founds a co- lony in Jamestown . . ib. Its bad administration . . . ib. Captain Smith is excluded from his seat at the council-board . . ib. The colony is annoyed by the Indians, and suffers from scarcity and the unhealthiness of the climate . . . ib. Smith is recalled, and the prosperity of the colony restored . . ib. He is taken prisoner by the Indians, his life is spared, and his liberty obtained through the intercession of a favourite daughter of an Indian chief . . . ib. Returns to James-town, and finds the colony in distress . . ib. The colonists are deceived by the appearance of gold . . . .214 A survey of the country is undertaken by Smith . . ib. The company obtains a new charter with more ample privileges . . ib. The jurisdiction of the council in the colony abolished, and the government vested in a council resident in London ib. Lord Delaware appointed governor and cap- tain-general of the colony, and Sir Thomas Gates and Sir George Summers vested with the command till his arrival . . ib. The vessel in which they embark stranded on the coast of Bermudas . . ib Smith returns to England, and anarchy pre- vails in the colony . . . 215 The Indians withhold supplies, and the colony reduced by famine . . - ib Gates and Summers arrive from Bermudas, and find the colony in a desperate situa- tion . . . ib They are about to return to England when Lord Delaware arrives . . ib He reconciles all differences, and perfectly restores subordination . . ib Obliged to resign the government and return to England on account of bis health . ib Superseded by Sir Thomas Dale, who esta- blishes martial law . * ib Another charter granted to the colony with new privileges . . The land is cultivated, and a treaty concluded with the Indians . ib Rolfe, a man of rank in the colony, marries the daughter of an Indian chief . ib The land first becomes property . ib Culture of tobacco introduced . . ib The quantity exported increases every year ib Page Negroes are first introduced . . 217 A general assembly of the representatives is formed . . . ib. A new constitution given to the colony, and a trade for tobacco opened with Holland . ib. The necessary precautions for the defence of the colony being neglected, a general mas- sacre of the English is planned by the In- dians, and executed in most of the settle- ments . . . 218 A bloody war commenced with the Indians ib. Their plantations are attacked, and the owners murdered . . . . ib. A few escape to the woods, where they perish with hunger . . . ib. The settlements extend, and industry revives ib. The strength of the colony is considerably weakened . . . 220 A temporary council is appointed for its go- vernment . . . . ib. The arbitrary government of the colonies on the accession of Charles I. . . ib. The colonists seize Sir John Harvey, governor, and send him prisoner to England . ib, He is released by the king,' and reinstated in his government . . . 221 Succeeded by Sir John Berkeley, whose wise administration is productive of the best effects . . . . ib. New privileges granted to the colony, which flourishes under the new government ib. It is attacked by the Indians . . 223 Discontents are produced by grants of land from the crown . . . ib. An insurrection breaks out, and the governor and council forced to fly . . ib. They apply to England for succour . 224 The rebellion is terminated by the death of Nathaniel Bacon . . . ib. The governor is reinstated, and an assembly is called . . . ib. The moderation of its proceedings . ib. General state of the colony till the vear 1688 ib. (See Colonies.} Ulloa, Don Antonio de. His description ox the characteristic features of the native Ameri- cans .... 249 His reasons for the Americans not being so sensible of pain as the rest of mankind . 255 His account of the goods exported from Spain to America, with the duty on them . 280 Volcanoes. The remarkable number of them in the northern parts of the globe discovered by the Russians .... 247 W. Wafer, Lionel. His account of a peculiar race of diminutive Americans . Compared with similar productions in Africa ib. War-sony. Its terms and sentiments among the native Americans . . 254 Willoughby, Sir Hugh. Sails in search of a north-east passage to India . 206 Steers along the coast of Norway and doubles the North Cape . ib. His squadron is separated in a storm, and his ship driven into an obscure harbour in Russian Lapland, where he and all his companions are frozen to death . ib. INDEX. Page Women. Their condition among the native Americans . . .78 Are not prolific . . .79 Not permitted to join in their drunken feasts . . . .97 Not suffered to wear ornaments . . 255 X. Xeres, Francisco de. This secretary of Pizarro the earliest writer on his Peruvian expedi- tion . . . .262 Ximenes (Cardinal). His regulations for the treatment of the Indians in the Spanish colo- nies . . . .55 Patronizes the attempt of Ferdinand Ma- gellan . . .132 V. Page Yucatan. This province discovered by Pinzon and Dias de Solis . . .47 Described .... 243 From whence it derives its value . 179 Policy of the court of Spain respecting it . ib. Z. Zarate, Don. Augustine. Character of his His- tory of the Conquest of Peru . . 2G3 Zones. How the earth is divided into zones by the geography of the ancients . . 9 By whom first so divided . . 238 Zummaraga, Juan de. The first bishop of Mexico, and destroyer of all the ancient re- cords of the Mexican empire . . 165 Printed by Mayhew, Isaac, and Co., 14, Henrietta Street, Covent Garden.