The True Life Stories of the Declaration of Independence Signers. Charles Augustus Goodrich
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petitions of the manufacturers of iron. In the year 1750, parliament allowed the importation of pig and bar iron from the colonies, into London, duty free; but prohibited the erection or continuance of any mill, or other engine, for slitting or rolling iron, or any plating forge to work with a tilt-hammer, or any furnace for making steel, in the colonies, under the penalty of two hundred pounds. Moreover, every such mill, engine, or plating forge, was declared a common nuisance; and the governors of the colonies, on the information of two witnesses, on oath, were directed to cause the same to be abated within thirty days, or to forfeit the sum of five hundred pounds.
But if the colonists had just reason to complain on account of the above restrictions and prohibitions, — as being extremely oppressive in themselves, and a plain violation of their rights; — some of them were equally misused with respect to their charters.
The charter governments, it has already been observed, were confined to the colonies of New-England. These charters had been granted by the crown in different years; and, under them, were exercised the powers of civil government.
Great difference of opinion early existed between the crown and the colonists, as to the nature, extent, and obligations of these instruments. By the crown, they were viewed as constituting petty corporations, similar to those established in England, which might be annulled or revoked at pleasure. To the colonists, on the other hand, they appeared as sacred and solemn compacts between themselves and the king; which could not be altered, either by the king or parliament, without a forfeiture on the part of the colonists. The only limitation to the legislative power conferred by these charters, was, that the laws made under their authority should not be repugnant to those of England.
Among the colonists, there prevailed no disposition to transcend the powers, or abuse the privileges, which had been granted them. They, indeed, regarded the charters as irrevocable, so long as they suitably acknowledged their own allegiance to the crown, and confined themselves to the rights with which they were invested. But, at length, the king seems to have repented of these extensive grants of political power; and measures were adopted again to attach the government of the charter colonies to the royal prerogative.
Accordingly, writs were issued against the several New England colonies, at different times, requiring them to surrender these instruments into the royal hands. To this measure the strongest repugnance every where prevailed. It was like a surrender of life. It was a blow aimed at their dearest rights — an annihilation of that peace and liberty, which had been secured to them by the most solemn and inviolable compact.
With views and sentiments like these, the colonists supplicated the royal permission, " to remain as they were." They reminded his majesty of the sacred nature of their charters; they appealed to the laws which they had passed, — to the institutions they had founded, — to the regulations they had adopted, — in the spirit of which, there was not to be seen any departure from the powers with which they were invested. And they therefore humbly claimed the privilege of exercising these powers, with an assurance of their unalterable allegiance to the English crown.
In an address to his majesty, from the colony of Massachusetts, styled, "the humble supplication of the general court of the Massachusetts colony in New-England," the following language was adopted — language as honourable to the colonists, as the sentiments are tender and affecting. "Let our government live, our patent live, our magistrates live, our laws and liberties live, our religious enjoyments live, so shall we all yet have further cause to say from our hearts, let the king live forever; — and the blessings of those ready to perish shall come upon your majesty; having delivered the poor that cried, and such as had none to help them."
The king, however, would listen to no arguments, and would admit of no appeal. A strong jealousy had taken possession of his breast, and had as firmly seated itself in the hearts of his ministry. The tree, planted by the colonists, fostered by their care, and watered by their tears, was taking too deep root, and spreading forth its branches too broadly. Its fall was determined upon, and too successfully was the axe applied.
The charters being in effect set aside; those of Rhode Island and Connecticut being considered as surrendered, and that of Massachusetts having been violently wrested from her; the king, at that time James II., appointed Sir Edmund Andros governor-general of New-England. In December, 1686, he arrived in Boston, and published his commission.
The administration of Andros effected no inconsiderable change in the condition of New-England. For sixty years the people had lived happily, under constitutions and laws of their own adoption. Amidst the trials and sufferings which had fallen to their lot, while settling and subduing a wilderness, the privilege of self-government was one of their chief consolations. But now, deprived of this privilege, and subjected to the arbitrary laws, and cruel rapacity of Andros, a deep gloom spread over the whole territory of New-England.
"One of his first despotic acts," says a late interesting writer, "was to place the press under censorship. Magistrates alone were permitted to solemnize marriages, and no marriages were allowed, until bonds, with sureties, were given to the governor, to be forfeited, if any lawful impediment should afterwards appear. No man could remove from the country without the consent of the governor.
"Fees of office, particularly in matters of probate, were exorbitant; — towns were not permitted to hold meetings but once a year, and then for the sole purpose of electing officers ; — all former grants of lands were considered invalid, either because they were rendered void by the destruction of the charters under which they were made, or were destitute of the formality of a seal. The people were, therefore, obliged to take out new patents for their lands and houses, and to pay enormous patent fees, or suffer them to be granted to others, and they themselves ejected from their hard earned possessions.
"In addition to this, taxes were imposed at the will of the governor-general and a few of his council; nor had the poor New-Englanders even the privilege of complaining, and claiming the rights of Englishmen, without being liable to fine and imprisonment. These taxes the governor and council, by their act, assessed upon the several towns, and directed each town to appoint a commissioner, who, with the select men, was ordered to assess the same on the individual inhabitants. The citizens of the old town of Ipswich, at a meeting called for the purpose of carrying this act into effect, declared, that, "considering the said act doth infringe their liberty, as free born English subjects of his majesty, by interfering with the statute laws of the land, by which it is enacted, that no taxes should be levied upon the subjects, without the consent of an assembly chosen by the freemen for assessing the same; they do, therefore, vote, they are not willing to choose a commissioner for such an end, without such privilege; and, moreover, consent not that the select men do proceed to lay any such rate, until it be appointed by a general assembly, concurring with the governor and council."
"The minister of the town, John Wise, together with John Appleton, John Andrews, Robert Kinsman, William Goodhue, and Thomas French, were active in procuring this patriotic resolution; and for this, they were immediately brought before the governor and council at Boston; and soon after tried before the star chamber judges, Dudley, Stoughton, Usher, and Randolph, and a packed jury. In his examination before the council, Mr. Wise, claiming the privilege of an English subject, was told by one of the judges, 'he had no more privilege left him, than not to be sold for a slave.'
"Wise was imprisoned by the governor general; and the judges refused him the privilege of the writ of habeas corpus.
"On their trial, they defended themselves under magna charta, and the statutes, which solemnly secured to every British subject his property and estate. The judges, however, told them, 'they must not think the laws of England followed them to the ends of the earth, or wherever they went;' and they were in a most arbitrary manner condemned.
"Mr. Wise was suspended from his ministerial functions, fined 50l., and compelled to give a bond of 1000l. for his good behaviour; and the others were also subjected to fines, and obliged to give bonds of a similar nature."
Such is an outline of the despotic acts, during the odious administration of Andros. To these the people of New England were obliged to submit, without the prospect of any alleviation of their condition.
Relief, however, was near at hand. At this