PART III.

GOVERNMENTAL HISTORY OF THE COLONIES IN THEIR SMALLER DIVISIONS TO THE TIME OF THE DECLARATION OF THEIR INDEPENDENCE.

CHAPTER I.

In the foregoing part of this work we have traced the history of our country in its two early and principal divisions till we have seen them assume the rank and stability of regularly organized political bodies, each under its separate and peculiar policy and forms of government. We propose in this third part to continue the subject of their governmental history, in their smaller divisions, from this time down to the time of our Revolution. This survey will include a view of the causes which led to that event, and to the declaration of their independence, which will bring us to the fourth and last part of our design, in which we will treat of their consequent union under the CONFEDERACY, give an exposition of the defects of those articles, and pursue the subject till their more perfect, permanent and happy union under the present Constitution.

In reviewing the history of the early settlements of New England we have already had occasion to remark the causes which led to the origin of the separate colo

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nies in that portion of our continent. Most of those in the southern division which existed at the time of our Revolution under separate organizations, were originally comprehended within the limits of the patent granted by James I. to the SOUTH VIRGINIA COMPANY. On the dissolution of that corporation their lands reverted to the Crown, and were subsequently granted under new charters and with prescribed limits.

NEW YORK was originally settled by emigrants from Holland, who seem to have taken occasion during the apathy of the Crown, or while both the King and Parliament were agitated and absorbed by domestic dissensions, to take possession of this section of the country, which, with the present territory of New Jersey and Long Island, was called the NEW NETHERLANDS. They pretended to found their claim on a purchase made from Henry Hudson in 1608-9. Hudson discovered the River which now bears his name, and the countries adjacent, in 1608, and afterwards, it was contended, sold the interest which he derived in it by the commission under which he sailed, to the Dutch. Both the fact and the validity of the sale were denied by the English, and the right of the Dutch to make any settlement was never recognized by Great Britain. She insisted also on a priority of title founded upon the discoveries which were made by Cabot, during the reign of the VII. Henry, in 1497. It will be remembered that under the patronage of that monarch that adventurer had explored the coast from Labrador to the southern boundary of Virginia, and we have already noticed the circumstances which induced a relinquishment of the claim at that early period. Discovery, however, came afterwards to be considered as establishing a good title to the country, and the right thereby conferred was ad

mitted in the intercourse of nations. Accordingly in the year 1664, Charles II. granted by patent to his brother, the DUKE OF YORK AND ALBANY, "all that region of country extending from the western bank of the Connecticut to the eastern shore of the Delaware River," together with Long Island. The Duke was at the same time invested with all the powers of government, both civil and military-with authority to correct, punish, pardon, govern and rule, according to such laws as he should establish, all subjects who should inhabit the territory; and also to exercise martial law in case of rebellion, insurrection, seditious meeting or invasion, provided always that the same laws were "not contrary to, but as near as might be, agreeable with the laws of England," reserving in the Crown a right to hear and determine all appeals. The Dutch were in possession when this charter was published, but no infringement of their rights as freemen was permitted, and they were required to be treated as subjects, rather than as enemies or aggressors. They, however, were not disposed to yield quietly to the domination of England, and several times struggled for the mastery of the soil. They were finally brought to terms of submission in the year 1674, when the Duke of York, in order to put at rest all questions which might arise as to the validity of the original grant, applied for and obtained a new patent from the Crown. This grant conferred the same powers which were enumerated in the former charter, with the further provision, that no trade should be carried on with the colony without his permission, while the colonists were permitted to import merchandise upon paying duties according to the laws of England. The Duke reigned under this charter, without the intervention of any General Assembly, un

til the year 1682, when the colonists were permitted to elect an Assembly of Delegates, whose enactments were subject to the revision of the Proprietary. After the Duke succeeded to the throne, the colonial government was administered by a Governor, appointed by the Crown, aided by representatives chosen by the colonists. The course of legislati n and policy thereafter pursued was more nearly assimilated to that of the parent state than in any other of the colonies.*

LONG ISLAND and the present territory of NEW JERSEY were also comprehended in this patent to the Duke of York. In the same year in which it was issued the Duke granted to Lord Berkley and Sir George Carterett "all the tract adjacent to New England, lying westward of Long Island—bounded on the east by the main sea and partly by Hudson's River, on the west by Delaware Bay or river, and extending southward to the main ocean as far as Cape May at the mouth of Delaware Bay; and to the northward as far as the northernmost branch of the Delaware Bay or river, which is 41° 40' lat. which tract is to be called New Ceserea or New Jersey-together with all political powers, privileges and royalties thereunto appertaining." Under the well directed enterprise of these gentlemen it was soon settled with a flourishing population. The constitution of government provided that the Executive authority should reside in a Governor and Council, and the Legislative in a General Assembly, composed of the Governor and Council, and representatives chosen by the colonists. The powers of legislation were full, provided that the laws and ordinances enacted "be consonant to reason, and as near as may be conveniently agreeable with the laws and customs of his Majesty's • Story.

realm of England." Freedom of opinion in matters of religion was guaranteed to the colonists.

The earliest settlements in PENNSYLVANIA were made by Swiss, German, and other emigrants, who derived their titles from various sources. They were brought under the administration of the Governors of New York, who predicated their authority on the patent given to the Duke in 1664. The source from whence it was derived, however, was regarded as defective, and they were always looked upon as usurpers. It remained under this weakened jurisdiction till 1681, when it was granted by Charles II. to Wm. Penn, as sole proprietary, and its boundaries were defined. Penn acted as Governor of the province till 1684.

The present state of DELAWARE was also appended to New York, and was purchased of the Duke by William Penn, in 1682, when it was united to the province of Pennsylvania, in which year the first General Assembly of the colony was held, at Chester. This union was dissolved in 1703, from which period down to the time of our revolution these territories were governed by separate legislatures of their own choosing.

The state of MARYLAND was the first instance of the division of a colony and the establishment of another within its territorial limits, which was made directly by the crown.* In the year 1632 Charles I. issued a patent to Lord Baltimore, granting to him "all that region bounded by a line drawn from Watkin's Point, in the Bay of Chesapeake to the Ocean on the eastthence to that part of the estuary of Delaware on the north, under the 40th degree, where New England is terminated-thence in a right line by the said degree to the meridian of the fountain of the Potomac-thence,

* Marshall.