MASSACHUSETTS.

In 1606, an association for promoting settlements in America, was incorporated by James I, with two separate Councils of Control, the first known as the London, and the second as the Plymouth Council. Three years after, the former received a new Charter and became known as the South Virginia Company. An illegal and arbitrary exercise of the Royal power excited in time, a spirit of mutual hostility between the King and this company, and in 1619 they proceeded to elect a Treasurer, in direct opposition to the expressed wishes of the monarch. This, and other causes of irritation, led him to encourage the northern company as a check upon its more independent rival.

A patent was accordingly issued by the King in Council, November 3, 1620, for the lands between 40° and 48° north latitude from sea to sea, and incorporating Sir Ferdinand Gorges and his associates, under the title of "The Council established at Plymouth, in the county of Devon, for the planting, ruling, ordering and governing of New England in America." It passed under the great Seal, on the 3d of July following, and constitutes the only civil basis of all the subsequent patents in New England. Owing to the bitter hostility which the first company excited against it, and the rigid enforcement of odious exclusive privileges, the New England company became involved in perplexing difficulties, and it finally surrendered its corporate powers in 1635, having granted parts and subdivided the remainder, by lot, among the associates. This parceling out of their territory was done by the company, upon a commission of survey and dis tribution, and had reference "as well to the proposition of the adventurers, as to the special service, hazard, exploit, or merit of any person so to be recompensed and advanced or rewarded." Each patentee thus became a Lord Proprietor of his portion, with absolute title, and all the powers of government, which had been vested in the company by the King.

Settlement was begun, 1620, at Plymouth, by a company of people of the sect known as Brownists or Separatists, commonly called, in our histories, "Pilgrims," who had applied to the London or South Virginia company for a grant of land, which, owing to dissensions within that company, and difficulties with the King, they had great difficulty in obtaining, but at length secured. They had been invited by the Dutch to settle upon the Hudson, and at an early period a project of removal to Guiana was proposed, but after full deliberation, it was finally thought best to form a colony by themselves in New England. They at length sailed on the 6th of September (O. S.), 1620, and after a stormy passage of sixty-five days, they discovered land, and recognized it as Cape Cod. After some deliberation among themselves, and with the inaster of the ship, they resolved to steer southward, to find some place about the Hudson river for their habitation, but within half a day they fell in with dangerous shoals and breakers, which induced them to return again to the Cape, and after exploring the coast for some days, they finally, on the 11th of December (O. S.), landed and began settlement at Plymouth. Before leaving the ship, the Colonists drew up and signed an original Compact, in which, after acknowledging themselves subjects of the Crown of England, they proceeded to declare, that: “Having undertaken, for the glory of God, and the advancement of the Christian faith, and the honor of our King and country, a voyage, to plant the first colony in the northern parts of Virginia, we do, by these presents, solemnly and mutually, in the presence of God,

and of one another, covenart and combine ourselves together into a civil body politic, for our better ordering and preservation, and furtherance of the ends aforesaid, and by virtue hereof do enact, constitute and frame such just and equal laws, ordinances, acts, constitutions, and officers, from time to time, as shall be thought most meet and convenient for the general good of the Colony; unto which we promise all due submission and obedience."

The settlers, finding that they were within the limits of the Plymouth Company's grant, a patent was procured June 1, 1621, from that corporation, in the name of John Pierce and his associates. On the 20th of April, 1620, Pierce clandestinely procured a second patent with more ample powers, under which he intended to establish a monarchical court, and compel the settlers to hold of him as Lord of the Manor. But, after being twice driven back by storms, in great peril of shipwreck, he abandoned his project, and sold his patent to the company for £500.

On the 13th of January, 1629, a third Charter was granted to the Plymouth Colony, in the name of William Bradford, his heirs, associates and assigns, in which the boundaries of the Colony were defined, including the present counties of Plymouth, Bristol and Barnstable,1 and a tract of land upon the Kennebec River. By this Charter, the Colonists were allowed to make orders, ordinances and constitutions, for the ordering, disposing and governing their persons, and distributing the lands within the limits of the patent. It was never confirmed by the King; but after waiting some years for this, they proceeded, in 1635 or 1636, to define the powers of their officers, and settle on a permanent basis of government. In 1638, they transferred the powers of the whole body of freemen to Deputies, who first assembled in June, 1639. On the 2d of March, 1640, Governor Bradford surrendered to the freemen the patent which had been granted in his name, and the Plymouth Colony remained with a separate and distinct government down to 1691, when it was incorporated with that of Massachusetts.

A patent for Cape Ann, dated January 1, 1623, was granted to the Plymouth people by Lord Sheffield, member of the Council for New England, and this place was used about two years for their fishing stages; but in 1626, the settlement was transferred to Naumkeag, now Salem.

In 1627, an association was formed at Dorchester, in England, for the purpose of planting a colony in New England. On the 19th of March, 1628, a patent was granted to Sir Henry Roswell, Sir John Young, and four others, for all that part of New England, lying between three miles northward of the Merrimack, and three miles southward of Charles River, and from the Atlantic to the South Sea. A Royal Charter was obtained March 4, 1628-29, and under this grant the Colony of Massachusetts Bay was founded. This Charter ordained that the officers of the company should be a Governor, a Deputy Governor, and eighteen Assistants, to be named in the first instance by the Crown, and afterward elected by the corporation. Four stated meetings of all the members were to be held annually, as a General Court, at which freemen might be admitted, and laws and ordinances passed, not repugnant to the laws of England, and the Colonists were declared entitled to all the rights of natural born English subjects.

The first regulations were established, and first officers appointed, by the Company in England, but under a resolution adopted August 29, 1629, the charter, with all its powers of government, was transferred to Massachusetts. The founders of the Massachusetts Colony were of the sect known as Puritans, differing somewhat from those who first settled at Plymouth, but, like them, subjects of religious persecution in the mother country, and in quest of an asylum where they might enjoy their religious faith without molestation.

1 Hingham belonged to Mass.; a strip from the southern border is now in R. I.

A large emigration soon occurred, and many settlements were formed. The Colonists, being themselves subjects of religious persecution in England, brought with them the idea that uniformity in religion was essential to public tranquillity, and they accordingly ordained, that none but Congregational Church members should enjoy the privileges of freemen, and a spirit of intolerance was observed toward those of other religious faith. The Charter did not provide for the free exercise of religion, or the rights of conscience, nor was there any thing in it to indicate any privilege of worship peculiar to the sect which founded the Colony. But in this, as in other affairs, they appeared to consider themselves as an association possessing the natural rights of men to adopt that form of government which was most agreeable to themselves, and best suited to their wants. While claiming protection under their Charter, against the Royal demands, they did not, however, regard it as furnishing any limit to the fullest exercise of the powers of local government. Ministers of religion were maintained, and public worship provided for by taxes, an attendance upon public worship was required under penalties, and errors of opinion and heresies, were corrected or punished with censure, fines, or banishinent, and even with death, in obstinate cases. Not even a single church of the Episcopal order was established, until after the first Charter was vacated. A system of education, by public schools, was established at an early day, and maintained through the Colonial period.

In 1634 a Representative form of government took the place of a General Assembly of all the freemen at the General Court. These Representatives, not exceeding two in number from each town, when assembled in General Court, were fully authorized to establish laws, levy taxes, sell lands, and provide for the general welfare. The choice of officers and election of magistrates was reserved by the freemen.

In 1644 two distinct and independent legislative bodies were created, each having a negative upon the acts of the other, and the concurrence of both being necessary in the enactment of laws. The number of sessions of the General Court, annually, was, in this year, reduced from four to two. New Hampshire was admitted under the government of Massachusetts in 1642, and remained until 1679. In 1652 Maine was also incorporated with Massachusetts, and remained until 1820.

In 1634 a consultation was held respecting a body of laws, adapted to the wants of the Colony, and committees were appointed at sundry times to prepare a Code. The whole were collected, ratified and published in 1648.

The dangers to which the New England Colonies were exposed, from Indian hostilities, led to the formation, in 1643, of a League between the Massachusetts, Plymouth, New Haven and Connecticut Colonies, under the name of "The United Colonies of New England." Rhode Island applied, in 1648, for admission, but was refused, except upon condition of submission to the jurisdiction of Plymouth, which she refused to accept. This Union made the New England Colonies formidable to the Dutch of New Netherland, and respectable in the view of the French in Acadia and Canada, and tended to promote their general welfare during the civil wars in the mother country, and the Indian wars of New England.

A disregard of the acts of trade, enacted by Parliament, led to the appointment of an Inspector of Customs, who arrived at Boston in 1679. The person selected was Edward Randolph. He was received as an enemy to the liberties of the Colony, and his conduct tended to irritation. After an unsuccessful effort, he went back to England, but returned in 1681, and made a vigorous but unsuccessful attempt to execute his office. Charges of high crimes and

misdemeanors were presented to the Committee of Plantations by Randolph, against the Corporation of Massachusetts, in June, 1683, and an order in Council was passed July 26th, for issuing a writ of quo warranto against the Charter of Massachusetts, with a declaration from the King, that if the Colony, before prosecution, would make full submission and entire resignation to his pleasure, he would regulate their Charter for his service and their good, and with no further alterations than should be necessary for the support of his government there.

The High Court of Chancery in England, on the 18th of June, 1684, in subservience to the wishes of King James, gave judginent against the Governor and Company of Massachusetts. The Charter being canceled, the King seized the government, and sent over Joseph Dudley, and in 1686, Sir Edmond Andros, as Governor. He established arbitrary and oppressive regulations, under which the inhabitants became exasperated, in proportion as their sufferings increased. At length, on the 18th of April, 1689, a rumor that a massacre was intended by the Governor's guards, kindled an insurrection, in which the people seized the Governor and such others as had been most obnoxious, to the number of about fifty, placed them in confinement, and restored the former magistrates. A Council of Safety was formed, the Charter resumed, an Assembly called, and on the 29th of May the accession of William and Mary to the throne, was proclaimed in Boston, with great ceremony and much rejoicing.

A new Charter was granted October 7, 1691, by which the former Colonies of Plymouth and Massachusetts Bay, the islands off the coast, formerly under the government of New York, the Province of Maine, Acadia, or Nova Scotia, and the territories lying between Maine and Acadia, were united under one government, styled "The Province of the Massachusetts Bay, in New England." All grants to persons, corporations and institutions were confirmed. The power of appointing the Governor, Lieutenant-Governor, Secretary of the Province, and officers of the Court of Admiralty was reserved by the Crown; but the Councilors, twenty-eight in number, were appointed annually by the people's Representatives. The Governor was Commander-in-Chief of the militia, and could call, prorogue, or dissolve the General Court. He had the veto power, and, with the advice of the Council, appointed most civil officers. All laws were to be sent to the King for his approval or rejection; but if not rejected within three years, they became valid. The General Court was vested with general legislative powers; could grant lands, erect courts, levy taxes, and make all wholesome laws and ordinances not inconsistent with the laws of England. Liberty of conscience was secured to all sects, excepting Roman Catholics, and appeals from the judgments of the courts might be made to the King in Privy Council, in England, when the matter in difference exceeded the value of £300. The entire right of Admiralty jurisdiction was reserved to the Crown, and the right of fishing on the coasts was free to all subjects of Great Britain.

At the first session after the grant of the Provincial Charter, an act was passed declaring the general rights and liberties of the people, embracing the general provisions of the Magna Charta upon this subject. The laws, from this time forward, became more liberal, as well as more exact. An explanatory Charter was granted by George I, August 20, 1725, and the Province remained without further change in its form of government, until the revolution. The last Gencral Court, under the authority of the Crown, was dissolved by Governor Gage, June 17, 1775.

A Provincial Congress was first organized in October, 1774, and a second one met in February, 1775. On the 19th of July in that year, a House of Assembly, elected in pursuance of the advice of the Continental Congress, assembled at