Fortunately for those who were still to be tried, the legislature, convened under the new charter, created a regular tribunal for the trial of criminal as well as civil cases, and the court of commissioners rose to sit no more. The first session of the regular court for the trial of criminal cases was to be held in January, and this delay was favourable to reflection and to the recovery of the public reason. Other causes contributed to this event. There remained yet in the various prisons of the colony, a vast number of women, many of whom were of the most reputable families in the towns in which they had resided. Allusion had been made to many others of the first rank, and some had been expressly named by the bewitched and confessing witches. A Mr. Bradstreet, who had been appointed one of the council, and was son to the old governor of that name; but who as a justice of the peace was suspected of not prosecuting with sufficient rigour, was named by the witnesses as a confederate, and found it necessary to abscond. The governor's lady it is said, and the wife of one of the ministers who had favoured this persecution, were among the accused; and a charge was also brought against the secretary of the colony of Connecticut.
Although the violence of the torrent of prejudice was beginning to abate, yet the grand jury in January, found a true bill against fifty persons, but of those brought to trial, only three were condemned, and they were not executed. All those who were not tried in January, were discharged by order of the governor, "and never," says Mr. Hutchinson, "has such a jail delivery been known in New England. And never was there given a more melancholy proof of the degree of depravity of which man is capable when the public passions countenance crime."
NOTE—No. II.—See Page 291.
The PLAN of the Union was as follows, viz.
"It is proposed that humble application be made for an act of parliament of Great Britain, by virtue of which one general government may be formed in America, including all the said colonies: [Massachusetts Bay, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, and South Carolina] within and under which government, each colony may retain its present constitution, except in the particulars wherein a change may be directed by the said act, as hereafter follows:
PRESIDENT GENERAL AND GRAND COUNCIL.
That the said general government be administered by a president general, to be appointed and supported by the crown, and a grand council, to be chosen by the representatives of the people of the several colonies, met in their assemblies.
ELECTION OF MEMBERS.
That within—months after passing such act, the houses of representatives that happen to be sitting within that time, or that shall be especially for that purpose convened, may and shall choose members for the grand council in the following proportion, that is to say:
| Massachusetts Bay | 7 |
| New Hampshire | 2 |
| Connecticut | 5 |
| Rhode Island | 2 |
| New York | 4 |
| New Jersey | 3 |
| Pennsylvania | 6 |
| Maryland | 4 |
| Virginia | 7 |
| North Carolina | 4 |
| South Carolina | 4 |
| --- | |
| 48 |
PLACE OF FIRST MEETING.
Who shall meet for the first time at the city of Philadelphia, in Pennsylvania, being called by the president general as soon as conveniently may be after his appointment.
NEW ELECTION.
That there shall be a new election of the members of the grand council every three years; and on the death or resignation of any member, his place shall be supplied by a new choice, at the next sitting of the assembly of the colony he represented.
PROPORTION OF THE MEMBERS AFTER THE FIRST THREE YEARS.
That after the first three years, when the proportion of money arising out of each colony to the general treasury can be known, the number of members to be chosen for each colony shall, from time to time, in all ensuing elections, be regulated by that proportion (yet so as that the number to be chosen by any one province be not more than seven, nor less than two).
MEETINGS OF THE GRAND COUNCIL AND CALL.
That the grand council shall meet once in every year, and oftener, if occasion require, at such time and place as they shall adjourn to at the last preceding meeting, or as they shall be called to meet at by the president general, on any emergency; he having first obtained in writing the consent of seven of the members to such call, and sent due and timely notice to the whole.
CONTINUANCE.
That the grand council have power to choose their speaker: and shall neither be dissolved, prorogued, nor continued sitting longer than six weeks at one time; without their own consent, or the special command of the crown.
MEMBERS ATTENDANCE.
That the members of the grand council shall be allowed for their services, ten shillings sterling per diem, during their session and journey to and from the place of meeting; twenty miles to be reckoned a day's journey.
ASSENT OF PRESIDENT GENERAL AND HIS DUTY.
That the assent of the president general be requisite to all acts of the grand council; and that it be his office and duty to cause them to be carried into execution.
POWER OF PRESIDENT GENERAL AND GRAND COUNCIL, TREATIES OF PEACE AND WAR.
That the president general, with the advice of the grand council, hold or direct all Indian treaties in which the general interest of the colonies may be concerned; and make peace or declare war with Indian nations.
INDIAN TRADE.
That they make such laws as they judge necessary for regulating all Indian trade.
INDIAN PURCHASES.
That they make all purchases from the Indians for the crown, of lands not now within the bounds of particular colonies, or that shall not be within their bounds, when some of them are reduced to more convenient dimensions.
NEW SETTLEMENTS.
That they make new settlements on such purchases by granting lands in the king's name, reserving a quit rent to the crown, for the use of the general treasury.
LAWS TO GOVERN THEM.
That they make laws for regulating and governing such new settlements, until the crown shall think fit to form them into particular governments.
RAISE SOLDIERS AND EQUIP VESSELS, &C.
That they raise and pay soldiers, build forts for the defence of any of the colonies, and equip vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but