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CHAPTER V.

Designs-and Death of Charles the Second.-Government of Massachusetts under a temporary Commission from James the Second.-Andros appointed Governor of New England.-Submission of Rhode Island.-Resolute Effort to preserve the Charter of Connecticut.-Oppressive Government of Andros.-Colonial Policy of the King-Sir William Phipps.-Indian Hostilities renewed by the Intrigues of the French.-Insurrection at Boston.-Andros deposed-and the ancient Government restored.-Connecticut and Rhode Island resume their Charters.-William and Mary proclaimed.-War with the French and Indians.-Sir William Phipps conquers Acadie.-Ineffectual Expedition against Quebec.- Impeachment of Andros by the Colony, discouraged by the English Ministers-and dismissed.-The King refuses to restore the ancient Constitution of Massachusetts-Tenor of the new Charter.-Sir William Phipps Governor. The New England Witchcraft.- Death of Phipps.-War with the French and Indians.-Loss of Acadie.-Peace of Ryswick.-Moral and political State of New England.

V.

1685.

So eager was Charles to complete the execution of CHAP. his long cherished designs on Massachusetts, that in November 1684, immediately after the judgment was pronounced, he began to make arrangements for the new government of the colony. Though not even a complaint had been urged against New Plymouth, he scrupled not to involve that settlement in the same fate; and as if he intended to consummate his tyranny by a measure that should teach the inhabitants of New England how dreadful the vengeance of a king could be, he selected for the execution of his designs an individual, than whom it would not be easy in the whole records of human cruelty and wickedness to point out a man who has excited to a greater degree the abhorrence and indignation of his fellow-creatures. The notorious

II.

1685.

BOOK have secured him an immortality of infamy in the history of England, was appointed governor of Massachusetts, New Hampshire, Maine, and New PlyDesigns- mouth and it was determined that no assembly should be permitted to exist, but that the legislative and executive powers should be combined in a governor and council appointed during the royal pleasure. This arbitrary policy was approved by all the ministers of Charles, except the Marquis of Halifax, who espoused the cause of the colonists with a generous zeal, and warmly but vainly urged that they were entitled to enjoy the same laws and institutions that were established in England 1. Though Kirke had not yet committed the enormities by which he was destined to illustrate his name in the west of England, he had already given such indications of his disposition in the government of Tangier, that the tidings of his appointment filled the inhabitants of the colony with horror and dismay. But before Kirke's commission and instructions could be finally and death of settled, the career of Charles himself was interrupted by death; and Kirke was reserved to contribute by his atrocities in England to bring hatred and exile on Charles's successor. This successor, James the Second, from whose stern inflexible temper and high toned opinions respecting government, the most gloomy presages of tyranny had been drawn, was proclaimed in Boston with melancholy pomp 2.

Charles the

Second.

These presages were verified by the administration of the new monarch. Soon after his accession to the throne, a commission was issued for the temporary government of Massachusetts, New Hampshire,

The French court and the Duke of York remonstrated with Charles on the impolicy of retaining in office a man who had professed such sentiments. Barillon's Correspondence, in the Appendix to Fox's History of James the Second. "Even at this early period," says Mr. Fox, "a question relative to North American liberty, and even to North American taxation, was considered as the test of principles friendly or adverse to arbitrary power at home."

2 Hutchinson, i. 340-342. Chalmers, 416, 417.

V.

1685. Government

der a tem

mission

Maine, and New Plymouth by a president and CHAP. council selected from among the inhabitants of Massachusetts, whose powers were entirely executive and judicial, and were to endure till the arrival of a per- of Massamanent governor. They were directed to allow chusetts unliberty of conscience to all, but to bestow peculiar porary comencouragement on the church of England; to deter- from James mine all suits originating within the colony, but to the Second. admit appeals from their sentences to the king in council; and to defray the expenses of their government by levying the taxes formerly imposed. This commission was laid before the general court at Boston, not as being any longer considered a body invested with political authority, but as being composed of individuals of the highest respectability and influence in the province. In answer to the communication they had thus received, this assembly May, 1686. agreed unanimously to an address, in which they declared that the inhabitants of Massachusetts were deprived of the rights of freemen by the new system, and that it deeply concerned both those who introduced and those who were subjected to a system of this nature, to consider how far it was safe to pursue it. They added that if the newly appointed officers meant to assume the government of the people, though they would never give assent to such proceedings, they would nevertheless demean themselves as loyal subjects, and humbly make their addresses. to God, and in due time to their prince for relief. The president named in the commission was Mr. Dudley, who had lately been one of the deputies of the province to England, and whose conduct had justified in some degree the jealousy with which the colonists ever regarded the men whom they were compelled to intrust with the performance of that arduous duty. His patriotic virtue, without being

II.

1686.

BOOK influence. Despairing of being able to serve his country, he applied himself with more success to cultivate his own interest at the English court: and in pursuing this crooked policy, he would seem to have been animated by the hope that the interest of his fellow-citizens might be more effectually promoted by his own advancement to office among them, than by the exclusion which he would incur, in common with them, by a stricter adherence to the line of integrity. Though he accepted the commission, and persuaded those who were associated with him to imitate his example, he continued to show himself friendly to the rights of the people, and to those institutions which they so highly regarded. Not only was any immediate alteration in the internal arrangements of the colony avoided, but the commissioners, in deference to the public feeling, transmitted a memorial to the English ministers stating that a well regulated assembly of the representatives of the people was extremely necessary, and ought in their opinion to be established without delay. This moderate conduct, however, gave little satisfaction to any of the parties whom they desired to please. The people were indignant to behold a system which was erected on the ruins of their liberty promoted by their own fellow-citizens, and above all by the man whom they had lately appointed to resist its introduction among them; and nothing but the apprehensions of seeing him replaced by Kirke, whose massacres in England excited the direst presage of the fate of America, prevented the strongest expressions of their displeasure. The conduct of the commissioners was no less unsatisfactory both to the abettors of arbitrary government in England, and to the creatures of Randolph within the province, who were anxious to pay court to the king by prostrating beneath his power every obstacle to the execution of his will. Com

V.

1686.

plaints were soon transmitted by these persons to CHAP. the English ministers, charging the commissioners with conniving at former practices in opposition to the laws of trade, and countenancing ancient principles in religion and government 3.

In addition to these causes of dissatisfaction with the conduct of the commissioners, the king was now compelled to resume the prosecution of his plans by the imperfection of the temporary arrangement he had made. It was found that the acts of taxation were about to expire, and the commissioners being totally devoid of legislative authority, had no power to renew them. They had employed this consideration to enforce their suggestion of a representative assembly but it determined the king to enlarge the arbitrary authority of his colonial officers, and at the same time to establish a permanent administration for New England. He had consulted the crown lawyers respecting the extent of his powers; and they had given as their official opinion" that notwithstanding the forfeiture of the charter of Massachusetts, its inhabitants continued English subjects, invested with English liberties;" a truth which, though it required little legal acuteness to discover, seems to imply more honesty than we might be prepared to expect from the persons selected by this monarch from a bar which, in that age, could supply such instruments as Jeffries and Scroggs. We must recollect, however, that lawyers, though professionally partial to the authority that actuates the system they administer, cherish also in their strong predilection for those forms and precedents that constitute their own influence and the peculiar glory of their science, a principle that frequently protects liberty and befriends substantial justice 4. But James was too

'Neal, ii. 420. Hutchinson, i. 341, 342. 350—352. Chalmers, 419.

4 Many remarkable instances illustrative of this remark will occur to all who

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