.

government live, our patent live, our magistrates live, our religious enjoyments live; so shall we all yet have farther cause to say from our hearts, let the King live for ever." This address was accompanied with letters to many of the nobility supposed to possess influence at court, praying their intercession in behalf of the colony; but neither the address, nor the letters were favourably received.[97]

      1665

      Conduct of Massachusetts to the royal commissioners.

      In April the commissioners arrived at Boston, and their communications with the general court commenced. The suspicions which these two bodies entertained of each other, opposed great obstacles to any cordial co-operation between them. The papers, on the part of the commissioners, display high ideas of their own authority, as the representatives of the crown, and a pre-conceived opinion that there was a disposition in the government to resist that authority. Those on the part of the general court manifest a wish to avoid a contest with the crown, and a desire to gratify his majesty, so far as professions of loyalty and submission could gratify him; but they manifest also a conviction of having done nothing improper, and a steadfast determination to make no concession incompatible with their rights. With these impressions, the correspondence soon became an altercation. The commissioners, finding their object was to be obtained neither by reasoning, nor by threats, attempted a practical assertion of their powers by summoning the parties before them, in order to hear and decide a complaint against the governor and company. The general court, with a decision which marked alike their vigour, and the high value they placed on their privileges, announced by sound of trumpet, their disapprobation of this proceeding, which they termed inconsistent with the laws and established authority; and declared that, in observance of their duty to God and to his majesty, and of the trust reposed in them by his majesty's good subjects in the colony, they could not consent to such proceedings, nor countenance those who would so act, or such as would abet them.

As a ground of compromise, the court stated their willingness to hear the case themselves in the presence of the commissioners, who would thereby be enabled to understand its merits; but this proposition was at once rejected, and every effort towards reconciliation proved unavailing.[98]

      1666

      From Massachusetts, the commissioners proceeded to New Hampshire and Maine. They decided in favour of the claims of Mason and Gorges, and erected a royal government in each province, appointed justices of the peace, and exercised other acts of sovereignty; after which they returned to Boston. The general court, declaring that their proceedings to the eastward tended to the disturbance of the public peace, asked a conference on the subject, which was refused with a bitterness of expression that put an end to all farther communication between the parties. Massachusetts, soon afterwards, re-established her authority both in New Hampshire and Maine.

      They are recalled.

      Charles, on being informed of these transactions, recalled his commissioners, and ordered the general court to send agents to England, to answer the complaints made against its proceedings. The court, having more than once experienced the benefits of procrastination, affected at first to disbelieve the authenticity of the letter; and afterwards excused themselves from sending agents by saying that the ablest among them could not support their cause better than had already been done.

      During these transactions in the north, new colonies were forming in the south.

      In the year 1663, that tract of country extending from the 36th degree of north latitude to the river St. Matheo, was made a province by the name of Carolina, and granted to lord Clarendon, the duke of Albemarle, lord Craven, lord Berkeley, lord Ashley, sir George Carteret, sir John Colleton, and sir William Berkeley, in absolute property for ever. This charter bears a strong resemblance to that of Maryland, and was probably copied from it.

      Settlement of Carolina.

      The proprietors took immediate measures for Settlement the settlement of their colony. Its constitution consisted of a governor, to be chosen by themselves from thirteen persons nominated by the colonists; and an assembly to be composed of the governor, council, and representatives of the people, who should have power to make laws not contrary to those of England, which were to remain in force until the dissent of the proprietors should be published. Perfect freedom in religion was promised; and, as an inducement to emigration, one hundred acres of land, at the price of a half penny for each acre, were allowed for every freeman, and fifty for every servant, who should, within the space of five years, be settled in the province.

      A small settlement had been made on Albemarle sound by some emigrants from Virginia, the superintendence of which had been conferred by the proprietors, on sir William Berkeley, then governor of that colony; with instructions to visit it, to appoint a governor and council of six persons for the management of its affairs, and to grant lands to the inhabitants on the same terms that those in Virginia might be obtained.

      The attention of the proprietors was next turned to the country south of cape Fear, which, as far as the river St. Matheo, was erected into a county by the name of Clarendon. Considerable numbers from Barbadoes emigrated into it, one of whom, Mr. John Yeamans, was appointed commander in chief; and, in 1665, a separate government was erected in it, similar to that in Albemarle.

      The proprietors having discovered some valuable lands not comprehended in their original patent, obtained a new charter which bestowed on them a more extensive territory. This charter grants that province within the King's dominions in America, extending north eastward to Carahtuke inlet, thence in a straight line to Wyonok, which lies under 36 degrees 30 minutes north latitude; south westward to the 29th degree of north latitude; and from the Atlantic ocean to the South sea. Powers of government and privileges analogous to those comprised in other colonial charters, were also contained in this.

      The people of Albemarle, employed like those of Virginia, in the cultivation of corn and tobacco, received their scanty supplies principally from New England; and carried on their small commerce in the vessels of those colonies. Their progress was slow, but they were contented. 1667A new constitution was given them, by which the executive power was placed in a governor, to act by the advice of a council of twelve, six of whom were to be chosen by himself, and the others by the assembly, which was composed of the governor, the council, and twelve delegates, to be elected annually by the freeholders. Perfect freedom in religion was established, and all were entitled to equal privileges, on taking the oaths of allegiance to the King, and of fidelity to the proprietors.

      The first acts of this legislature indicate the condition and opinions of the people. It was declared that none should be sued, during five years, for any cause of action arising out of the country; and that no person should accept a power of attorney to receive debts contracted abroad.

      1669

      Constitution of Mr. Locke.

      The proprietors, dissatisfied with their own systems, applied to Mr. Locke for the plan of a constitution. They supposed that this profound and acute reasoner must be deeply skilled in the science of government. In compliance with their request, he framed a body of fundamental laws which were approved and adopted. A palatine for life was to be chosen from among the proprietors, who was to act as president of the palatine court, which was to be composed of all those who were entrusted with the execution of the powers granted by the charter. A body of hereditary nobility was created, to be denominated Landgraves, and Caciques, the former to be invested with four baronies, consisting each of four thousand acres, and the latter to have two, containing each two thousand acres of land. These estates were to descend with the dignities for ever.

      The provincial legislature, denominated a Parliament was to consist of the proprietors, in the absence of any one of whom, his place was to be supplied by a deputy appointed by himself; of the nobility; and of the representatives of the freeholders, who were elected by districts. These discordant materials were to compose a single body which could initiate nothing. The bills to be laid before it were to be prepared in a grand council composed of the governor, the nobility, and the deputies of the proprietors, who were invested also with the executive power. At the end of every century,