As some compensation to the colonists for these commercial restraints, it was also enacted that no tobacco should be planted or made in England or Ireland, Guernsey, or Jersey. These regulations confined the trade of the colonies to England; and confined on them, exclusively, the production of tobacco.
Charles, on ascending the throne, transmitted to Sir William Berkeley a commission as governor of Virginia, with instructions to summon an assembly, and to assure it of his intention to grant a general pardon to all persons, other than those who were attainted by act of Parliament; provided all acts passed during the rebellion, derogating from the obedience due to the King and his government, should be repealed.
1661
The assembly, which had been summoned in March 1660, in the name of the King, though he was not then acknowledged in England, and which had been prorogued by the governor to the following March, then convened, and engaged in the arduous task of revising the laws of the colony. One of the motives assigned for this revision strongly marks the temper of the day. It is that they may "repeal and expunge all unnecessary acts, and chiefly such as might keep in memory their forced deviation from his majesty's obedience."[86]
This laborious work was accomplished; and, in its execution, the first object of attention was religion. The church of England was established by law, and provision was made for its ministers. To preserve the purity and unity of its doctrines and discipline, those only who had been ordained by some bishop in England, and who should subscribe an engagement to conform to the constitution of the church of England and the laws there established, could be inducted by the governor: and no others were permitted to preach. The day of the execution of Charles I. was ordered to be kept as a fast; and the anniversaries of the birth, and of the restoration of Charles II. to be celebrated as holy days. The duties on exports and tonnage were rendered perpetual; the privilege of the burgesses from arrest was established, and their number fixed; the courts of justice were organised; and many useful laws were passed, regulating the interior affairs of the colony.[87]
An effort was made to encourage manufactures, especially that of silk. For each pound of that article which should be raised, a premium of fifty pounds of tobacco was given; and every person was enjoined to plant a number of mulberry trees proportioned to his quantity of land, in order to furnish food for the silk worm. But the labour of the colony had been long directed to the culture of tobacco, and Indian corn; and new systems of culture can seldom be introduced until their necessity becomes apparent. This attempt to multiply the objects of labour did not succeed, and the acts on the subject were soon repealed.
In Maryland, the legislature was also convened, and, as in Virginia, their first employment was to manifest their satisfaction with the restoration; after which they entered upon subjects of general utility.
Rhode Island, excluded from the confederacy of the other New England colonies, and dreading danger to her independence from Massachusetts, was well pleased at the establishment of an authority which could overawe the strong, and protect the weak. Charles II. was immediately proclaimed; 1662Rhode Island incorporated.and an agent was deputed to the court of that monarch, for the purpose of soliciting a patent, confirming the right of the inhabitants to the soil, and jurisdiction of the country. The object of the mission was obtained, and the patentees were incorporated by the name of "The governor and company of the English colony of Rhode Island and Providence." The legislative power was vested in an assembly to consist of the governor, deputy governor, the assistants, and such of the freemen as should be chosen by the towns. The presence of the governor or his deputy, and of six assistants, was required to constitute an assembly. They were empowered to pass laws adapted to the situation of the colony, and not repugnant to those of England. "That part of the dominions of the crown in New England containing the islands in Narraghansetts bay, and the countries and parts adjacent," was granted to the governor and company and their successors, with the privilege to pass through, and trade with, any other English colonies.[88]
In Connecticut, the intelligence of the restoration was not attended by any manifestation of joy or sorrow. Winthrop was deputed to attend to the interests of the colony; Patent to Connecticut.and, in April, 1662, he obtained a charter incorporating them by the name of "The governor and company of the English colony of Connecticut in New England." The executive, as in the other colonies of New England, consisted of a governor, deputy governor, and assistants. The legislature was composed of the members of the executive, and of two deputies from every town. It was authorised to appoint annually the governor, assistants, and other officers; to erect courts of justice, and to make such laws as might be necessary for the colony, with the usual proviso, that they should not be contrary to those of England. To this corporation, the King granted that part of his dominions in New England, bounded, on the east, by Narraghansetts bay, on the north, by the southern line of Massachusetts, on the south, by the sea, and extending in longitude from east to west, with the line of Massachusetts, to the south sea.
1663
Contest between Connecticut and New Haven.
By this charter, New Haven was, without being consulted, included in Connecticut. The freemen of that province, dissatisfied with this measure, determined in general meeting, "that it was not lawful to join;" and unanimously resolved to adhere to their former association. A committee was appointed to address the assembly of Connecticut on this interesting subject. They insisted, not that the charter was void, but that it did not include them.
A negotiation between the two provinces was commenced, in which the people of New Haven maintained their right to a separate government with inflexible perseverance, and with a considerable degree of exasperation. They appealed to the crown from the explanation given by Connecticut to the charter; and governor Winthrop, the agent who had obtained that instrument, and who flattered himself with being able, on his return, to conciliate the contending parties, deemed it advisable to arrest all proceeding on their petition, by pledging himself that no injury should be done to New Haven by Connecticut; and that the incorporation of the two colonies should be effected only by the voluntary consent of both.
The government of Connecticut, however, still persisting to assert its jurisdiction, attempted to exercise it by claiming obedience from the people, appointing constables in their towns, disavowing the authority of the general court of New Haven, and protecting those who denied it. Complaints of these proceedings were laid before the commissioners of the united colonies, who declared that New Haven was still an integral member of the union, and that its jurisdiction could not be infringed without a breach of the articles of confederation.
Disregarding this decision, Connecticut pursued unremittingly, the object of incorporation. The inhabitants of New Haven were encouraged to refuse the payment of taxes imposed by their legislature; and, when distress was made on the disobedient, assistance was obtained from Hartford. These proceedings seemed only to increase the irritation on the part of New Haven, where a deep sense of injury was entertained, and a solemn resolution taken to break off all farther treaty on the subject.
This state of things was entirely changed by a piece of intelligence which gave the most serious alarm to all New England. Information was received that the King had granted to his brother, the duke of York, all the lands claimed by the Dutch, to which he had annexed a considerable part of the territory over which the northern colonies had exercised jurisdiction; and that an armament for the purpose of taking possession of the grant might soon be expected. To this it was added, that commissioners were to come at the same time, empowered to settle the disputes, and to new model the governments, of the colonies.
The commissioners of the united colonies, perceiving the necessity of accommodating internal differences, now took a decided part in favour of the proposed incorporation. The most intelligent inhabitants of New Haven became converts to the same opinion; but the prejudices imbibed by the mass of the people being still insurmountable, a vote in favour of the union could not be obtained.
At length, after the arrival of the commissioners appointed by