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Governor from among their own number. Down to 1691, when Plymouth was merged in Massachusetts, the Colony continued a voluntary association.

58. Massachusetts.- In 1628 a number of English Puritans who were intent on planting a Puritan colony in New England, obtained from the Council at Plymouth a grant of lands bounded north and south by parallel lines drawn three miles north of Merrimac River, and three miles south of Charles River, extending from ocean to ocean. The next year King Charles II. gave them a charter confirming the grant and conveying to the grantees, who were styled “The Governor and Company of the Massachusetts Bay in New England,” powers of government. What is called “the great emigration ” was made in 1630. It was the royal intent that the Company should remain in England; but it transferred itself, charter and all, to the shores of Massachusetts Bay, thus merging the Company in the Colony. At first, the assembly consisted of all the freemen, but a representative legislature was established in 1634. The freemen chose one of their number Governor. In 1684 the King's judges in England declared the charter of 1629 forfeited, and the King attempted to make Massachusetts a royal Colony; but the people resisted the attempt, and in 1691 the Crown granted a second charter, less liberal, however, than the former one, which continued in force down to the Revolution. This charter merged Plymouth, New Hampshire, Maine, and Nova Scotia in Massachusetts; Nova Scotia and New Hampshire were soon detached ; Maine continued a part of Massachusetts until it became a State in 1820, while Massachusetts and Plymouth were never again separated.

59. Connecticut. —Three groups of emigrants from Massachusetts, which they left because they could not carry out their civil and religious ideas in that Colony, planted the same number of towns on the Connecticut River in the year 1634, 1635, and 1636. These towns united under one name in 1639 and adopted a constitution called “The Fundamnental Orders of Connecticut.” In 1639, also, New Haven and some other settlements on Long Island Sound united in one colony, under the name of New Haven. Neither one of these two colonies had, at first, a charter of government, or even a title to the lands it occupied other than the one obtained from the Indians ; but in 1662 Charles II. granted a charter that merged the two Colonies in one, defined its boundaries, and endowed it with the most liberal political powers. Save in the period 1685–1690, when it was temporarily set aside, this charter remained in force to the year 1818

60. Rhode Island.-Rhode Island was also an off-shoot from Massachusetts. Roger Williams with some refugees from that Col. ony founded Providence in 1636, and another band of refuges, Rhode

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Island the year following. These plantations were the purely volun. tary undertakings of private individuals. They had at first no grants either of land or political powers, but a series of charters, the last granted by Charles II. in 1663, united them under the name of Rhode Island and Providence Plantations, confirmed the Colony in its narrow territory, and conferred upon it the most ample powers of government. Although temporarily suspended when James II. made his attack on the New England charters in 1685, the Rhode Island charter continued in force until 1842.

61. New Hampshire.-In 1622 the Council at Plymouth granted to Captain John Mason and Sir Ferdinando Gorges the territory between the Merrimac and the Kennebec Rivers. On the division of this grant, that part lying west of the Piscataqua River fell to Mason, and this was afterwards confirmed to him by a charter given by the Council. Some feeble settlements were made about 1635, under the patronage of the proprietor. Massachusetts, however, claimed the territory under her charter of 1629; and for the most part the New Hampshire settlements were subject to her government until 1692, when New Hampshire became a royal Colony.


62. New York.-Captain Henry Hudson discovered the Hudson River in 1609, and soon after the Dutch, in whose service he sailed, planted a settlement at its mouth. Extending their explorations east and south, the Dutch laid claim to the whole coast lying between the Connecticut and the Delaware Rivers ; and they ultimately took possession of New Jersey and Delaware, which had been occupied by the Swedes, as well as the valley of the Hudson. But England always claimed these territories, and in 1664 Charles II. gave them to his brother James, Duke of York. The Royal Duke at once dispatched an armed force to the mouth of the Hudson that compelled the Dutch governor to surrender all New Netherlands, as the Dutch called their province. He now re-named it New York. It continued a proprietary Colony until 1685, when on the accession of the Duke to the throne of England, it became a royal Colony. From that time the law-inaking power, subject to the Crown, was vested in a Governor and Council appointed by the Crown, and an Assembly elected by the people.

63. New Jersey.—The Duke of York, on coming into possession of New Netherlands, immediately granted that part of it lying between the Delaware River and the Ocean to Lord Berkeley and Sir George Carteret as lords proprietors. At first there were two colonies, East and West Jersey; but in 1702, when the proprietors surrendered their

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rights of government to the Crown, the Jerseys were reunited and became a royal Colony. For a time, New Jersey had the same governor as New York, but it always had its own separate assembly.

64. Pennsylvania.-In 1681 Charles II. made William Penn a grant of the territory between parallels 39° and 42° north latitude, extending westward from the Delaware River five degrees of longitude. Pennsylvania was founded the next year. Penn, who was empowered by the charter to enact laws conformable to reason and the laws of England, with the consent of the freemen of the Colony, pursued a liberal policy. He issued “frames of government,” offering civil, political, and religious rights to such persons as should be. come settlers within his province. The charter of 1681 continued in force until the Revolution ; then the State of Pennsylvania assumed all the political powers that belonged to Penn's descendants, and paid them a large sum of money for surrendering their property interests in the soil.

65. Delaware.— The territories composing the present State of Delaware lay within the grant made to Lord Baltimore in 1632, but it never became a part of Maryland. Some settlements that the Swedes had made, passed to the Dutch in 1655 ; these settlements, with some additional ones made by the Dutch, passed to the Duke of York in 1664; and then the country was sold by the Duke to William Penn in 1682. After much disputing, Lord Baltimore surrendered his claim. For a time it was a mere appendage of Pennsylvania ; but after 1703, although having the same governor as that Colony, it had its own independent assembly. And this state of things continued until Delaware became a State at the opening of the Revolution. CHAPTER II.



I. GENERAL BIBLIOGRAPHY.-Poore, The Federal and State Constitutions, Colonial Charters, etc.; Lalor, Cyclopædia of Political Science, etc., articles on the several colonies ; Chalmers's Political Annals.

II. HISTORIES OF THE UNITED STATES.—Bancroft, Vols. I., II. (History of the U. S. as Colonies, in Three Parts); Hildreth, Vols. I., II.; Winsor, Vols. III.-V.; Pitkin, Political and Civil History of the U. S., Chaps. I.-V.; Thwaites, The Colonies, 24, 25; Johnston, The U. S., History and Constitution, I., II.; Hart, Formation of the Union, Chap. V.

III. SPECIAL WORKS.-Story, Commentaries on the Constitution of the U. S., Book I.; Stevens, Sources of the Constitution, Chap. I.; Frothingham, The Rise of the Republic, Chaps. I.-IV.; Curtis, History of the Constitution, Book I., Chap. I.; Bryce, The American Commonwealth, Part I., Chaps. II., III.; Doyle, Lodge, and Americun Commonwealths, same as previous chapter; Smith, Goldwin. The United States, Chaps. I., II.; Wilson, The State, XI.

IV. LOCAL GOVERNMENT.-Howard, Local Constitutional History of the U.S., particularly, Part I.; Johns Hopkins Studies in Historical and Political Science, First Series (Many similar articles are also found in other series, as the Second and Third); Fiske, Same Reference as before, and Civil Government in the U. S.

V. GROWTH OF THE ENGLISH CONSTITUTION.–Stubbs, The Constitutional History of England; Freeman, Growth of the English Constitution; Taylor, Origin and Growth of the English Constitution, particularly Introduction (English Origin of the Federal Republic of the U.S.); Green, The Making of England, Chap. IV., and History of the English People, Books 1.-IV.

66. The Three Classes of Colonies.-As we have seen in the last chapter, Colonies frequently passed from one class to another. Still, the three original types were preserved throughout the Colonial period. This is the grouping at the time of the Revolution :


Charter Colonies: Massachusetts, Connecticut, and Rhode Island. The charters were written documents guaranteeing to the people certain rights, and they may be compared to the State constitutions of the present day. They sprang, however, from the Crown, and not from the people.

2. Proprietary Colonies : Pennsylvania and Delaware aná Maryland. The proprietors, William Penn and Lord Baltimore and their descendants, held their provinces by patents emanating from the King, and these patents, together with the concessions of rights and privileges made to the people by the proprietors, had much the same effect as the New England charters.

3. Royal or Provincial Colonies : New Hampshire, New York, New Jersey, Virginia, North Carolina, South Carolina, and Georgia. The governors of these Colonies, in conjunction with asseniblies and councils, administered them in conformity with written instructions given them from time to time by the Crown. No charter or patent stood between the Colony and the King ; at the same time, the various concessions that the Crown made to the people, together with the customary mode of government, formed a traditionary constitution or charter.

67. Common Political Features.—While the thirteen Colonies differed in constitutional features, they practically agreed in respect to governmental form, machinery, and administration. First, the sum total of powers and functions was distributed to local and to central institutions; Secondly, the powers and functions distributed to eaclı class of institutions were, in the main, the same ; Thirdly, the local institutions had certain general correspondencies, while fourthly, the central governments conformed to one general type. These local and central institutions will now be briefly described. Of the first class, there were three types: the Town type, found in New England; the County type, found in the South; the Mixed type, found in the Middle States.

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