By them the united colonies of New England, viz. Massachusetts, Plymouth, Connecticut, and New Haven, entered into a firm and perpetual league, offensive and defensive.
Each colony retained a distinct and separate jurisdiction; no two colonies could join in one jurisdiction without the consent of the whole; and no other colony could be received into the confederacy without the like consent.
The charge of all wars was to be borne by the colonies respectively, in proportion to the male inhabitants of each, between sixteen and sixty years of age.
On notice of an invasion given by three magistrates of any colony, the confederates were immediately to furnish their respective quotas. These were fixed at one hundred from Massachusetts, and forty-five from each of the other parties to the agreement. If a larger armament should be found necessary, commissioners were to meet, and ascertain the number of men to be required.
Two commissioners from each government, being church members, were to meet annually on the first Monday in September. Six possessed the power of binding the whole. Any measure approved by a majority of less than six was to be referred to the general court of each colony, and the consent of all was necessary to its adoption.
They were to choose annually a president from their own body, and had power to frame laws or rules of a civil nature, and of general concern. Of this description were rules which respected their conduct towards the Indians, and measures to be taken with fugitives from one colony to another.
No colony was permitted, without the general consent, to engage in war, but in sudden and inevitable cases.
If, on any extraordinary meeting of the commissioners, their whole number should not assemble, any four who should meet were empowered to determine on a war, and to call for the respective quotas of the several colonies; but not less than six could determine on the justice of the war, or settle the expenses, or levy the money for its support.
If any colony should be charged with breaking an article of the agreement, or with doing an injury to another colony, the complaint was to be submitted to the consideration and determination of the commissioners of such colonies as should be disinterested.[73]
This union, the result of good sense, and of a judicious consideration of the real interests of the colonies, remained in force until their charters were dissolved. Rhode Island excluded from it.Rhode Island, at the instance of Massachusetts, was excluded; and her commissioners were not admitted into the congress of deputies which formed the confederation.
On her petitioning at a subsequent period to be received as a member, her request was refused, unless she would consent to be incorporated with Plymouth. This condition being deemed inadmissible, she never was taken into the confederacy. From the formation of this league, its members were considered by their neighbours as one body with regard to external affairs, and such as were of general concern; though the internal and particular objects of each continued to be managed by its own magistrates and legislature.
The vigorous and prudent measures pursued by the united colonies, disconcerted the plans of the Indians, and preserved peace.
Rhode Island and Providence plantations, excluded from the general confederacy, were under the necessity of courting the friendship of the neighbouring Indians. So successful were their endeavours that, in the year 1644, they obtained from the chiefs of the Narraghansetts a formal surrender of their country.[74]
The first general assembly, consisting of the collective freemen of the plantations, was convened in May, 1647. In this body the supreme authority of the nation resided. The executive duties were performed by a governor and four assistants, chosen from among the freemen by their several towns; and the same persons constituted also the supreme court for the administration of justice. Every township, forming within itself a corporation, elected a council of six, for the management of its peculiar affairs, and for the settlement of its disputes.[75]
1644
Hitherto the governor, assistants, and representatives, of Massachusetts had assembled in the same chamber, and deliberated together. At first their relative powers do not seem to have been accurately understood; nor the mode of deciding controverted questions to have been well defined. The representatives being the most numerous body, contended that every question should be decided by a majority of the whole, while the assistants asserted their right to a negative. More than once, this contest suspended the proceedings of the general court. But the assistants having, with the aid of the clergy, succeeded on each occasion, the representatives yielded the point, and moved that separate chambers should be provided for the two branches of the legislature. This motion being carried in the affirmative, their deliberations were afterwards conducted apart from each other.
This regulation was subsequently modified with respect to judicial proceedings; for the legislature was the court of the last resort. If, in these, the two houses differed, the vote was to be taken conjointly.
New England takes part with Parliament.
In England, the contests between the King and Parliament, at length ripened into open war. The colonies of New England took an early and sincere part on the side of Parliament. Their interests were committed to such agents as might best conciliate the favour of the House of Commons, who, in return, manifested the impression received from them, and from the general conduct of their northern colonies, by passing a resolutions exempting from the payment of "duties or other customs," until the house should order otherwise, all merchandises exported to or from New England.[76] And, in 1644, the general court passed an ordinance declaring "that what person soever shall by word, writing, or action, endeavour to disturb our peace directly or indirectly by drawing a party under pretence that he is for the King of England, and such as join with him against the Parliament, shall be accounted as an offender of a high nature against this commonwealth, and to be proceeded with either capitally or otherwise, according to the quality and degree of his offence; provided always that this shall not be extended against any merchants, strangers and shipmen that come hither merely for trade or merchandise, albeit they should come from any of those parts that are in the hands of the King, and such as adhere to him against the Parliament; carrying themselves here quietly, and free from railing, or nourishing any faction, mutiny, or sedition among us as aforesaid."[77]
These manifestations of mutual kindness were not interrupted by an ordinance of Parliament, passed in 1643, appointing the earl of Warwick, governor in chief and lord high admiral of the colonies, with a council of five peers, and twelve commoners, to assist him; and empowering him, in conjunction with his associates, to examine the state of their affairs; to send for papers and persons; to remove governors and officers, appointing others in their places; and to assign over to them such part of the powers then granted as he should think proper. Jealous as were the people of New England of measures endangering their liberty, they do not appear to have been alarmed at this extraordinary exercise of power. So true is it that men close their eyes on encroachments committed by that party to which they are attached, in the delusive hope that power, in such hands, will always be wielded against their adversaries, never against themselves.
This prosperous state of things was still farther improved by a transaction which is the more worthy of notice as being an additional evidence of the extent to which the colonies