Complete Works. Hamilton Alexander
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unto which we promise all due submission and obedience.
“In witness whereof we have hereunto subscribed our names, at Cape Cod, November 11, 1620.”
This was the original constitution of New Plymouth. It deserves to be remarked here, that these first settlers possessed their lands by the most equitable and independent title, that of a fair and honest purchase from their natural owners, the Indian tribes. King James soon after erected a council at Plymouth, in the county of Devon, “for the planting, ruling, ordering, and governing of New England in America” and granted to “them, their successors and assigns, all that part of America, lying, and being in breadth, from forty degrees of north latitude from the equinoctial line, to the fortyeighth degree of the said northerly latitude, inclusively, and in length of, and within all the breadth aforesaid, throughout all the main land, from sea to sea, together with all the firm lands, soils, grounds, havens, ports, rivers, waters, fishings, minerals, precious stones, quarries, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, and pre-eminences, both within the said tract of land upon the main, and also within the islands and seas adjacent,—to be held of his Majesty, his heirs and successors, in free and common soccage; and the only consideration to be the fifth part of all gold and silver ore, for and in respect of all and all manner of duties, demands, and services.”
This council was vested with the sole power of legislation; the election and appointment of all officers, civil and military; authority to coin money, make war and peace, and a variety of other signal privileges. The colony of New Plymouth was comprehended within the grant. In consequence of which, its inhabitants, a few years after, purchased the claim of the patentees, with all their rights and immunities, and became an independent state by charter.
The same motives that induced the settlement of New Plymouth did also produce that of Massachusetts. It was first colonized by virtue of a patent from the council at Plymouth, and in a year after by a charter from King Charles the First dated the 4th of March, in the fourth year of his reign; by which the adventurers and inhabitants were formed into “one body politic and corporate, by the name of the Governor and Company of the Massachusetts Bay, in New England,” and clothed with powers and privileges resembling those of the colony of New Plymouth.
It happened some time before this, that there was a dissolution of the Virginia Company by a royal proclamation dated 15th of July, 1624, by which the colony became more immediately dependent on the king. The Virginians were greatly alarmed at this, and forthwith presented a remonstrance to the Throne; in which they signified an apprehension of “designs formed against their rights and privileges.” In order to banish their fears, the Lords of the Council (in a letter dated the 22nd of July, 1634) gave them an assurance, by his Majesty's direction, “that all their estates, trade, freedom, and privileges, should be enjoyed by them in as extensive a manner as they enjoyed them before the recall of the company's patent.” Agreeably to this, their former constitution was confirmed and continued.
The Maryland charter is the next in order, of which you, sir, have made no mention. It was granted by King Charles the First to Lord Baltimore, and contains such ample and exalted privileges, that no man in his senses can read it without being convinced it is repugnant to every idea of dependence on Parliament.
It bestows on him “all the country of Maryland, and the islands adjacent, together with all their commodities, jurisdictions, privileges, prerogatives, royal rights, etc., etc., of what kinds soever, as well by sea as land; and constitutes him, his heirs and assigns, true and absolute lords and proprietaries of the said country, and of all the premises aforesaid, saving always the faith and allegiance and the sovereign dominion, due to himself, his heirs and successors,—to be holden of the Kings of England, in free and common soccage, by fealty only, and not in capite; paying two Indian arrows every year, and also the fifth part of all gold and silver ore which shall from time to time happen to be found: Granting also full and absolute power to the said Lord Baltimore, his heirs, etc., to ordain, make, enact, and publish any laws whatsoever, by and with the advice, assent, and approbation of the freemen of the said province, or the greater part of them, or of their delegates or deputies, whom, for the enacting of the said laws, when, and as often as need shall require, we will, that the said now Lord Baltimore, and his heirs, shall assemble in such sort and form as to him and them shall seem best. Provided, nevertheless, that the said laws be consonant to reason, and be not repugnant, or contrary, but, as near as conveniently may be, agreeable to the laws, statutes, and rights of this our kingdom of England.”
In another place it is ordained that he, the “said Lord Baltimore, may, from time to time for ever, have and enjoy the customs and subsidies within the said ports, harbors, etc., within the province aforesaid, payable or due for merchandises and wares there to be laden and unladen; the said subsidies and customs to be reasonably assessed (upon any occasion) by themselves and the people there, as aforesaid, to whom we give power by these presents, for us, our heirs and successors, upon just cause and in due proportion, to assess and impose the same.”
I confine myself to these extracts to avoid prolixity, and pass over the enumeration of those many extensive prerogatives this charter confers: such as the appointment of all officers, civil and military; the power of making war and peace; the establishment of boroughs and cities; with all necessary immunities, and the like.
In the fourteenth year of Charles the Second, the two colonies, Connecticut and New Haven, petitioned the king to unite them into one colony, which was complied with. Privileges, as valuable and extensive as any that had been before granted, were comprised in their charter. There was only a reservation of allegiance to the king, without the smallest share of the legislative or executive power. The next year, Providence and Rhode Island procured a charter, with privileges exactly correspondent to those of Connecticut.
You are pleased to assert, “that the charters of Rhode Island and Connecticut are simply matters of incorporation”; and produce an extract in confirmation of this assertion.
I should be astonished at so extraordinary a deviation from truth, if there were not many instances similar to it. Not only the whole tenor of their charters, but their constant practice and form of government hitherto, declare the reverse of your assertion. But, that I may not unnecessarily prolong this letter by a quotation of the different parts of the respective charters, give me leave to present you with an account of the constitution of these colonies, which was laid before the House of Lords in January, 1734.
“Connecticut and Rhode Island,” say the Commissioners of Trade and Plantations, “are charter governments, where almost the whole power of the crown is delegated to the people, who make annual election of their Assembly, their Councils, and their Governors; likewise to the majority of which Assemblies, Councils, and Governors, respectively, being collective bodies, the power of making laws is granted; and, as their charters are worded, they can, and do, make laws, even without the Governor's assent, no negative voice being reserved to them, as Governors, in said charters. These colonies have the power of making laws for their better government and support; and are not under any obligation, by their respective constitutions, to return authentic copies of their laws to the crown, for approbation or disallowance; nor to give any account of their proceedings; nor are their laws repealable by the crown; but the validity of them depends upon their not being contrary, but, as nearly as may be, agreeable to the laws of England.”
As to the expression, as other our liege people of this our realm of England, or any other corporation or body politic within the same, if any stress be laid on the particle other, it will imply not only that the colonies were simple matters of corporation, but that the inhabitants of them were considered as being within the realm of England. But this cannot be admitted as true without contradicting other clauses of the same charters. Thus, in the preamble to that of Rhode Island, it is said that the first planters “did, by the consent of our royal progenitors, transport themselves out of this kingdom of England into America.” And in each of the charters the king stipulates that all the children born in America shall enjoy “all the liberties and immunities of free and natural subjects, within any of his