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Read Ebook: The Land We Live In The Story of Our Country by Mann Henry

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One New England community stood apart from all the rest. Roger Williams, a learned and able minister, supposed to have been born in Wales, came to Boston in 1630, accompanied by his wife, Mary, an Englishwoman. Williams denied the right of the magistrates to interfere with the consciences of men, and also held that the Indians should not be deprived of their lands without fair and equitable purchase. His stand in favor of soul-liberty was a novelty in that age when State and Church were regarded as inseparable, the only difference on this question between Massachusetts and England being as to the character of the public worship which the State should enforce upon consciences willing and unwilling. The doctrine of Roger Williams, therefore, seemed to the Boston authorities to strike at the very foundation of all government, and in particular of their government. In the autumn of 1635, when Roger Williams was pastor of the church at Salem, the General Court of Massachusetts ordered him to quit the colony within six months. Afterward suspecting that Williams was preparing to found a new colony, the Boston magistrates resolved to deport him to England, and a vessel was sent to Salem to take him away. Williams received timely warning, and fled from his home in mid-winter, and made his way through the wilderness to the shores of Narragansett Bay. He was joined by five companions, and at a fine spring near the head of Narragansett Bay they planted a colony, and Williams called the place "Providence," in grateful acknowledgment of God's providence to him in his distress. Williams and his companions founded a pure democracy, with no interference with the rights of conscience. Indeed, they carried this principle to an extreme at which even in these days most people would hesitate, for one member of the colony was disciplined because he objected to his wife's frequent attendance on the preaching of Mr. Williams to the neglect of her household duties. Rhode Island became a refuge for the victims of Puritan intolerance, without regard to their belief or unbelief, and was therefore held in hatred and contempt by the Boston people. This very hatred was the salvation of Rhode Island, the government of England being favorably inclined to the colony on account of the stubborn and independent attitude of Massachusetts toward the home authorities.

A peculiar feature of early Rhode Island government was the jealousy with which the people retained in their own control the law-making power. Matters of general concern were proposed in some town meeting, and notice of the proposition had to be given to other towns. Towns which approved of the proposition were ordered to declare their opinion at the next general court through their committees. If the court decided in favor of the proposition a law was passed which had authority only until ratified by the next general assembly of all the people. The general court was also allowed to debate matters on its own motion, but its decisions must be reported to each town by the committee representing that town. A meeting of the town was held to debate on the questions so reported and then the votes of the inhabitants were collected by the town clerk and forwarded with all speed to the recorder of the colony. The latter was to open, in the presence of the governor, all votes so received, and if a majority voted affirmatively the resolution of the court was to stand as law until the next general assembly. This complex method was repealed in 1650, and instead, it was ordered that all laws enacted by the assembly should be communicated to the towns within six days after adjournment. Within three days after the laws were received the chief officer of each town was to call a meeting and read them to the freemen. If any freeman disliked a particular law he could, within ten days, send his vote in writing, with his name affixed, to the general recorder. If within ten days the recorder received a majority of votes against any law, he was to notify the president of that fact and the latter in turn was to give notice to each town that such law was null and void. Silence as to the remaining enactments was assumed to mean assent.

Puritans and Education--Provision for Public Schools--Puritan Sincerity --Effect of Intolerance on the Community--Quakers Harshly Persecuted--The Salem Witchcraft Tragedy--History of the Delusion--Rebecca Nourse and Other Victims--The People Come to Their Senses--Cotton Mather Obdurate to the Last--Puritan Morals--Comer's Diary--Rhode Island in Colonial Times.

It is to the credit of the Puritans that promptly upon their settlement in Massachusetts they made provision for education. Many of the Puritans were learned men, and some of them graduates of Cambridge in England, and when a school was established at Newtown for the education of the ministry, the name of the place was changed to Cambridge. When John Harvard endowed the school in 1638 with his library and the gift of one half his estate--about 00, but equal to much more than that amount at the present day--the school was erected into a college and named Harvard College after the founder. The central aim and purpose of Puritan education was religious. The schools were maintained so that the children could learn to read the Bible, and also incidentally the printed fulminations of the ministers and magistrates. The Massachusetts school law of 1649 set forth in the preamble that, "it being one chief project of that old deluder, Satan, to keep men from the knowledge of the Scriptures, as in former times keeping them in an unknown tongue, so in these later times persuading men from the use of tongues, so that at the least a true sense and meaning of the original might be clouded with false glossing of saint-seeming deceivers, and that learning may not be buried in the grave of our fathers," therefore, etc. Every township was required to maintain a school for reading and writing, and every town of a hundred householders a grammar-school, with a teacher qualified to fit youths for the university. This school law was enacted likewise in the other Puritan colonies. While its object was to strengthen the hold of religion, as expounded by the Puritan ministry, upon the people, its general effect was to spread intelligence along with learning, and to break down the barriers of intolerance. It is a significant fact, however, and in accordance with the lessons of more recent history, that the seat of the highest education was not always the seat of the highest intelligence. The witchcraft delusion found a haven in Harvard when the common sense of a common-school educated people rejected it by a decisive majority.

The Puritan was stern and cruel because he was thoroughly in earnest. He believed his religion to be true, and that the only path to salvation lay through rigid compliance with Puritan doctrine. Believing as he did he was logical; he was humane. The non-Puritan was, in his view, a pestilence to be got rid of by the most heroic measures if necessary. In acting on this principle he was kind, in his judgment, to the many whom he saved from pollution and damnation by the sacrifice of the few. The devil, to the Puritan, was terribly personal, and Cotton Mather's horror of witchcraft was grounded in a sincere belief in that personality. The forces of evil were always active, and the Puritan believed in combating them in the most vigorous and trenchant fashion. The Scripture enjoined upon him to pluck out his own eye if it offended, and it was natural that he should not hesitate to sacrifice others when they offended. With all his severity he took good care to let transgressors know what they had to expect, and he felt the less compunction, therefore, in inflicting penalties deliberately incurred. Life for the Puritan was a very serious affair, and levity a crime only milder than non-orthodoxy. Gaming even for amusement was rigidly prohibited. It was a criminal act to kiss a woman in the street, even in the way of chaste and honest salute. The heads of households were called to account if the daughters neglected the spinning-wheel. The stocks and the whipping-post were seldom unoccupied by minor offenders, while the hangman was kept busy with criminals of deeper dye. It should be needless to say that there was a good deal of hypocrisy, and that public repentance was often simply a means for escaping from social ostracism and obtaining admission to the pastures of the elect. Hubbard intimates as much in what he says about Captain John Underhill.

The laws enacted were based on the Mosaic code, and of Mosaic severity in dealing with offences against morality and religion. It is to be remembered, however, that down to the second quarter of the present century the code of England itself was Draconic, although immoralities punished by death in Massachusetts were not regarded as crimes in the older country.

The most painful event connected with the harsh religious system of the Puritans was the execution in 1659 of two Quakers, Marmaduke Stephenson and William Robinson, of England, who had come to Massachusetts to preach their doctrines. The first two Quakers to arrive in Boston were Ann Austin and Mary Fisher, who landed here in 1656. They were forthwith arrested, and examined for witch-marks, but none being found and there being no excuse therefore for putting them to death as agents of Satan, they were kept in close imprisonment, and the jailer and citizens were forbidden to give them any food, the object apparently being to starve them to death. The windows of the jail were boarded up to prevent food from being handed into them and also to prevent the prisoners from exhorting passers-by. A citizen named Upshall, who gave money to the jailer to buy nourishment for the captives, was fined 0, and ordered to leave the colony within thirty days, and was sentenced to pay beside for every day he should be absent from public worship before his departure--evidently that he might be compelled to listen to pulpit denunciations of his wickedness in saving from starvation two fellow-human beings who worshipped God in a different fashion from their persecutors. The exile was denied an asylum in Plymouth, and followed the example of Roger Williams by seeking a refuge among the Indians, who treated him kindly. The two Quaker women were transported to Barbadoes, and the captain of the vessel which had brought them to Boston was required to bear the charges of their imprisonment. The religious books which they had in their possession when arrested were burned by the common hangman.

Next to the persecution of the Quakers no feature of Puritan history is so prominent as the Salem Witchcraft Tragedy, which, although it occurred near the close of the seventeenth century, so strikingly illustrates the intellectual and religious conditions of the Massachusetts colony that it may properly be described here. Belief in witchcraft was not by any means confined to Massachusetts. The statutes of England, as well as of the American colonies, dealt with the imaginary crime. Among the intelligent and educated classes, however, both in Europe and America, the subject was generally considered of too doubtful a nature to be dealt with by the infliction of the penalties which the law prescribed. In Massachusetts, where everybody had some education, the majority of the people, although deeply and almost fanatically religious, had their doubts about the reality of the diabolical art, and the belief, strangely enough, seems to have been most intense and aggressive in the highest intellectual quarters, among ministers and men of superior education and commensurate influence. It was this that gave the witchcraft delusion its awful power for evil, and enabled a few vicious children afflicted with hysteria or epilepsy to bring a score of mostly reputable persons to an ignominious death, to ruin more than that number of homes and to spread consternation throughout the commonwealth.

The Salem delusion began in the house of Mr. Parris, the minister at Danvers. Parris had two slaves, an Indian and his wife, Tituba, the latter half negro and half Indian. Tituba taught the children various tricks. While practicing these tricks, some of them became hysterical and acted in a peculiar manner. It was suggested that they were bewitched, and they were asked who had bewitched them. They indicated a woman named Sarah Goode, who was generally disliked. She was arrested and imprisoned. This seems to have gratified the children, who soon after had convulsions in the presence of another victim, one Giles Corey. Corey stood mute under the accusation, and was tortured to death by pressing. The cases attracted attention, and at the instance of Cotton Mather and others, Governor Phipps designated a special court to try persons accused of witchcraft. Malice, greed and craft promptly supplied more victims for the court and the hangman. Doctors discovered what they called witch-marks, such as moles or callosities of any kind, and after the children or others alleged to have been bewitched had performed the usual contortions, the accused were swiftly convicted. Francis Nourse and his wife, Rebecca, had a controversy about the occupation of a farm with a family named Endicott. The Endicott children went into hysterics and charged that Rebecca Nourse had bewitched them. Although as good and pure a woman as there was in the colour, Rebecca was convicted, hanged on Witches' Hill, and her body cast into a pit designed for those who should meet her fate. Mr. Parris, the minister, thought it necessary to preach a sermon fortifying the belief in witchcraft, and when Sarah Cloyse, a sister of Rebecca, got up and went out of the meeting-house, regarding the sermon as an insult to the memory of her murdered sister, she was also denounced and arrested. The Rev. Dr. Cotton Mather, one of the lights of Puritanism, and son of Dr. Increase Mather, president of Harvard University, was most active and violent in the prosecutions. Among the victims was the Rev. Stephen Burroughs, a learned minister of exemplary life, who was accused of possessing a witch's trumpet. Mather witnessed the hanging of Burroughs, and when the latter on the scaffold offered up a touching prayer, Mather cried out to the people that Satan often transformed himself into an angel of light to deceive men's souls. The Rev. Mr. Noyes, standing by at the execution of eight accused persons, exclaimed: "What a sad thing it is to see eight fire-brands of hell hanging there!" A committee was appointed to ferret out witches, and children were readily found to court the notoriety and interest which a share in the work attracted. When the accusers began to utter charges against the wife of Governor Phipps and relatives of the Mathers, the authorities took a different view of the monster which they had evolved out of their superstitious imaginings. Public opinion, which had been fettered by fear and amazement at the hideous proceedings, began to find expression in protest against any further sacrifice. Many of the accusers recanted their testimony, and said that they had given it in order to save their own lives, dreading to be accused of witchcraft themselves. The General Court of Massachusetts appointed a general fast and supplication "that God would pardon all the errors of His servants and people in a late tragedy raised among them by Satan and his instruments." Judge Sewall, who had presided at a number of the trials, stood up in his place in the church and begged the people to pray that the errors which he had committed "might not be visited by the judgment of an avenging God on his country, his family and himself." The Rev. Mr. Parris was compelled to leave the country. Cotton Mather, however, adhered steadfastly to his belief in witches. He said, among other things equally astounding to the common sense even of that day, that the devil allowed the victims of witchcraft to "read Quaker books, the Common Prayer and popish books," but not the Bible. At the instance of Cotton Mather, and that of his father, Increase Mather, the president of Harvard, a circular was sent out signed by Increase Mather and a number of other ministers in the name of Harvard College, inviting reports of "apparitions, possessions, enchantments and all extraordinary things wherein the existence and agency of the invisible world is more sensibly demonstrated," to be used "as some fit assembly of ministers might direct." But few replies to the circular were received. The people of Massachusetts had muzzled the monster, and did not care to turn it loose again. A monument was recently erected to Rebecca Nourse on the hill where she perished, and her descendants have an organization which holds annual meetings in commemoration of their hapless ancestor.

Notwithstanding harsh laws and their bitter enforcement, the habits of the people were probably not much better than to-day in well-ordered communities, and considerable depravity existed, especially in the remoter settlements. Comer's Diary, which has never been published, but which the writer of this work has examined in manuscript, shows a condition of society far from exemplary, and it also shows that persons whose position ought to have been respectable, sometimes took Indians either as wives or in a less honorable relation. There is, perhaps, more Indian blood in New England than is generally supposed, and the earlier inhabitants of that section were probably less exclusive toward the aborigines than is assumed in conventional history. Comer's Diary deals, it is true, with the early part of the eighteenth century, but the conditions it minutely and no doubt faithfully describes, must have existed substantially in the seventeenth.

I was present at a meeting of the Rhode Island Historical Society when President Andrews, of Brown University, reported in behalf of a committee, that it had been judged inexpedient to publish Comer's Diary. I have since had the privilege of examining the diary in the original, and can understand the grounds of objection.--H. M.

The laws of Rhode Island were founded on the Mosaic system, like those of Massachusetts, but entirely ignored the question of religion. The penalties for immoral conduct were not so merciless as in the Puritan colonies, and the Rhode Island colonial records indicate that the laws, such as they were, were not rigidly enforced. The remnants of the Indian tribes, having first been demoralized by unprincipled whites, became themselves a demoralizing element, and Indian dances were, the records show, a continual source of scandal and of vice, which the authorities sought vainly to suppress. In connection with the principle of entire separation of Church and State, on which Rhode Island was founded, it may be of interest to mention here that I learned, in my examination of Comer's Diary, that an attempt was made to establish a branch of the Anglican Church in Providence, in the colonial period, and that a minister was sent over under authority of the bishop of London. The minister had to depart, and the church was closed on account of some scandal. I wrote to the present bishop of London inquiring if there was any record of the incident in the Episcopal archives, and he answered me to the effect that nothing could be found relating to it.

New England Prospering--Outbreak of King Philip's War--Causes of the War--White or Indian Had to Go--Philip on the War-path--Settlements Laid in Ashes--The Attack on Hadley--The Great Swamp Fight--Philip Renews the War More Fiercely Than Before--His Allies Desert Him--Betrayed and Killed--The Indians Crushed in New England.

Although Canonchet's sympathies were with Philip, it is not certain that the Narragansett chief had hostile designs against the English. The colonists had determined, however, to make a sweep of possible as well as actual enemies, and they marched upon the Narragansetts. Then occurred the Great Swamp fight, one of the most sanguinary of encounters in the history of Indian warfare. The Narragansetts had their winter camp, or fort, in the heart of a swamp, in what is now Charlestown, Rhode Island. Successive rows of palisades protected a position of considerable extent, accessible during the greater part of the year by a single narrow path. This one access was guarded by a blockhouse, but the cold weather gave a footing to the invaders on the usually impassable morasses. An attempt was made to take the Narragansetts by surprise. The warriors, however, detected the stealthy approach, and seizing their weapons, fired from the security of their palisades upon the advancing enemy. A number of the best men on the colonial side were shot down while urging on the attack. The battle on both sides was fierce and stubborn. Assault followed assault, only to be repulsed, and when the English had fought their way into the fortress, they were at first driven out by an irresistible onset of the Indians. At length the colonists made good their entrance, and the battle continued at closer quarters, the Indians nerved to desperation by the presence of their wives and children, whose fate would be their own, and the colonists inspired to prodigies of valor by the thought that their defeat would certainly involve their own destruction, and perhaps that of New England. The invaders at length set fire to the wigwams. As the flames spread the women and children ran out, hampering their defenders with cries of terror and appeals for protection, and at length the Indians were overpowered. Then followed a pitiless massacre of the defeated Indians and their families, hundreds of whom perished in the flames, while many were taken prisoners to be carried off into slavery. Canonchet was slain, and the power of the Narragansetts was broken forever.

The following lines which were suggested by the occasion, may perhaps be of interest to the reader:

THE GRAVE OF NINIGRET.

A stricken pine--a weed-grown mound On the upland's rugged crest, Point where the hunted Indian found At length a place of rest.

Thou withered tree, by lightning riven, Of bark and leaf bereft, With lifeless arms erect to heaven, Of thee a remnant's left;

The bolt that broke thy giant pride Yet spared the sapling green; And tall and stately by thy side 'Twill show what thou hast been.

But of the Narragansett race Nor kith, nor blood remains; Save that perchance a tainted trace May lurk in servile veins.

The mother's shriek, the warrior's yell That rent the midnight air When Christians made yon swamp a hell, No longer echo there.

The cedar brake is yet alive-- But not with human tread-- Within its shade the plover thrive, The otter makes its bed.

The red fox hath his hiding-place Where ancient foxes ran. How keener than the sportsman's chase The hunt of man by man!

H. M.

King Philip escaped from the slaughter, found other Indian allies, and renewed the war more fiercely than before. Many towns were laid in ashes, including Providence and Warwick, in Rhode Island; Weymouth, Groton, Medfield, Lancaster and Marlborough, in Massachusetts. About six hundred of the colonists were killed in battle or waylaid and murdered, and the burden of the struggle bore heavily on the survivors. Fortunately dissensions among the savages diminished their power for harm, and Philip's allies deserted him, or surrendered to avoid starvation. Captain Church of Rhode Island went in pursuit of Philip who had taken refuge in the fastnesses of Mount Hope. The wife and little son of the Indian chief were made prisoners, and this was a final blow to him. "My heart breaks," he said; "I am ready to die." An Indian, who claimed to have a grievance against Philip on account of a brother whom the sachem had killed, betrayed the hiding-place of Philip to the English, and shot the fallen chief. Philip's head was cut off and carried on a pole to Plymouth, and his body was quartered. His wife and son were sold into slavery in Bermuda. The Indians of New England were crushed, and they never again attempted to stand against the whites.

Growth of New Netherland--Governor Stuyvesant's Despotic Rule--His Comments on Popular Election--New Amsterdam Becomes New York--The Planting of Maryland--Partial Freedom of Conscience--Civil War in Maryland--The Carolinas--Settlement of North and South Carolina--The Bacon Rebellion in Virginia--Governor Berkeley's Vengeance.

New Amsterdam prospered under methods of government which were mild as compared with those of the Puritans, although the annals of the Dutch colony are unhappily not free from the stain of persecution for conscience' sake. Englishmen as well as Hollanders thronged to New Netherland, and the people, as they grew beyond anxiety for enough to eat and drink, became ambitious for a share in the government. In 1653, after much agitation and resistance on the part of Governor Stuyvesant, New Amsterdam was organized as a municipality, the power of the burghers being, however, very limited.

The smaller Dutch towns possessed the privilege of electing their officers, though their choice was subject to the approval of the director-general. New Amsterdam had not been granted this privilege, although it had been demanded in 1642 and again in 1649. At last, in 1652, Governor Stuyvesant was instructed to have a schout, two burgomasters and five schepens "elected according to the custom of the metropolis of Fatherland." He, however, continued for a long time to appoint municipal officers, and when a protest was made he replied that he had done so "for momentous reason." "For if," he said, "this rule was to become a synocure, if the nomination and election of magistrates were to be left to the populace who were the most interested, then each would vote for some one of his own stamp, the thief for a thief, the rogue, the tippler, the smuggler for a brother in iniquity, that he might enjoy greater latitude in his vices and frauds." The magistrates had not been appointed contrary to the will of the people, because they were "proposed to the commonalty in front of the City Hall by their names and surnames, each in his quality, before they were admitted or sworn to office. The question is then put, 'Does any one object?'" At length, in 1658, Stuyvesant allowed the burgomasters and schepens to nominate their successors, but the city did not have a schout of its own until 1660.

Meantime Virginia was the scene of a memorable struggle between the aristocrats and the people, the royalists led by the Governor, Sir William Berkeley, and the republicans marshaled by Nathaniel Bacon, a wealthy lawyer, deeply attached to the popular cause. The character of Berkeley can best be judged by a communication which he sent to England in 1665: "I thank God there are no free schools nor printing in Virginia, and I hope we shall not have them these hundred years; for learning has brought heresy and disobedience and sects into the world, and printing hath divulged them and libels against the best government; God keep us from both!" It is not strange that a man who felt like this should have cared but little for the safety and welfare of the common people. He himself reveled in riches, accumulated at the cost of the colony, and he had in sympathy with him the large landholders, who sought to imitate in their Virginia mansions the pomp and circumstance of the English nobility, while they looked down on the mass of poor whites as vassals and inferiors. The immediate provocation for the so-called Bacon Rebellion was the failure of Governor Berkeley to protect the settlers from Indian depredations, the governor having a monopoly of the fur-trade, and being inclined by motives of self-interest to propitiate the savages. An armed force assembled and chose Bacon as their leader. They first repulsed the Indians, and then demanded from the governor a commission for Bacon as commander-in-chief of the Virginia military. Berkeley, although urged by the newly-elected House of Burgesses, which was in sympathy with the people, to grant the commission, for some time hesitated, but at length consented. Bacon marched against the Indians, and Berkeley proclaimed him a traitor. This hostile action of the governor excited Bacon and his followers, in whose numbers were included many of the best men in the colony, to an open and resolute stand for the rights of the people. Berkeley fled to the eastern shore of Chesapeake Bay, and sought to raise an army to maintain his authority. He proclaimed that the slaves of all rebels were to free; he aroused the Indians to join him, and several English ships were placed at his service. With this following the governor went back to Jamestown, and again proclaimed Bacon a traitor.

The Colony of New York--New Jersey Given Away to Favorites--Charter of Liberties and Franchises--The Dongan Charter--Beginnings of New York City Government--King James Driven from Power--Leisler Leads a Popular Movement--The Aristocratic Element Gains the Upper Hand--Jacob Leisler and Milborne Executed--Struggle For Liberty Continues.

The Rev. John Miller, in 1695, speaks of "the wickedness and irreligion of the inhabitants, which abounds in all parts of the province, and appears in so many shapes, constituting so many sorts of sin, that I can scarce tell which to begin withal." The reverend gentleman was probably prejudiced.

The Duke of York at first made poor use of his new possessions. He astonished Colonel Richard Nicolls, who had conquered the territory for him without firing a shot, by giving away to two favorites, Lord Berkeley, brother of the Governor of Virginia, and Sir George Carteret, the rich domain between the Hudson and Delaware, which received the name of New Jersey, and for many years that province was a theatre of dissensions traceable to the autocratic and reckless course of the Duke. The rights of settlers who had preceded the proprietary government were ignored, and an attempt made to reduce freeholders to the position of tenants. A large immigration of Quakers from England a few years after the Dutch surrender added a valuable element to the population, in which the Puritans, apart from the Dutch, had predominated. Puritans and Quakers seemed to get along very well in the Jerseys, and with good government on the part of the proprietors the colony would doubtless have flourished. That for a number of years the Jerseys remained law-abiding and comparatively tranquil without a regular civil government attests the excellent character of the people.

The Duke of York showed more wisdom in the management of his greater province of New York. In 1683 he instructed his governor, Thomas Dongan, to call a representative assembly, which met in the fort at New York. The assembly adopted an act called "The Charter of Liberties and Franchises," which was approved, first by the governor, and afterward by the duke. This charter declared that the power to pass laws should reside in the governor, council and people met in general assembly; that every freeholder and freeman should be allowed to vote for representatives without restraint; that no freeman should suffer but by judgment of his peers; that all trials should be by a jury of twelve men; that no tax should be levied without the consent of the Assembly; that no seaman or soldier should be quartered on the inhabitants against their will; that there should be no martial law, and that no person professing faith in God by Jesus Christ should be disquieted or questioned on account of religion. Two years later James, now become king, virtually abrogated this charter by levying direct taxes on New York without the consent of the people, by prohibiting the introduction of printing, and otherwise assuming arbitrary power. He did not, however, suppress the General Assembly, which became, as years advanced and the colony grew in importance, more and more resolute in asserting the people's rights.

Governor Dongan did all in his power to defend the interests of the province against the aggressions of the crown, and to secure some degree of self-government for those who bore the burdens of government. In 1686 the Dongan charter gave to the lieutenant-governor the power of appointing the mayor and sheriff of New York city, but an alderman, an assistant and a constable were to be chosen for each ward by a majority of the inhabitants of that ward. During his short lease of power Leisler issued warrants for the election of the mayor and sheriff by "all Protestant freeholders." The resulting election was a farce, as only seventy of the inhabitants voted. The illegality of this action in defiance of the provisions of the Dongan charter was one of the chief causes of complaint against Leisler. The Montgomery charter, granted to New York in 1730, authorized the election of one alderman, an assistant, two assessors, one collector and two constables in each ward. The charter of Albany was granted by Governor Dougan in 1686, and it resembled in many respects the instrument under which the city of New York was first organized. It provided that six aldermen, six assistant aldermen, constables and other magistrates, should be chosen annually. The mayor, as well as the sheriff, was appointed by the governor. Governor Dongan's reluctance to fall in with the despotic and reactionary policy of King James led to his being dismissed from office in 1688, when Andros took his place.

William Penn's Model Colony--Sketch of the Founder of Pennsylvania-- Comparative Humanity of Quaker Laws--Modified Freedom of Religion--An Early Liquor Law--Offences Against Morality Severely Punished--White Servitude--Debtors Sold Into Bondage--Georgia Founded as an Asylum for Debtors--Oglethorpe Repulses the Spaniards--Georgia a Royal Province.

Founded on principles of equity by a man who was eminently a lover of his kind, Pennsylvania stood forth as a model colony, an ample and hospitable refuge for the oppressed of every clime. William Penn believed in the Golden Rule, and he sought to establish a state in which that rule would be the fundamental law. Instead of stern justices growing fat on the fees of litigation, he would have peace-makers in every county. He would treat the Indian as of the same flesh and blood as the white, and would live on terms of amity with red men embittered against the invaders of their lands by many years of unjust encroachment and cruel oppression. His object, Penn declared in his advertisement of Pennsylvania, was to establish a just and righteous government in the province that would be an example for others. He proposed that his government should be a government of law, with the people a party to the making of laws. None, he declared, should be molested or prejudiced in matters of faith and worship, and nobody should be compelled at any time to frequent or maintain any religious place of worship or ministry whatsoever. Trial by jury was guaranteed; the person of an Indian was to be as sacred as that of a white man, and in any issue at law in which an Indian should be concerned, one half the jury was to be composed of Indians.

Nothing is more significant of the spirit and the motives which guided the early settlers than the humanity of their laws, as compared with the code of England. The humane and enlightened sentiment as expressed in legislation, was not peculiar to Pennsylvania. In Rhode Island, also, that other colony founded on the principle of religious liberty, the first spontaneous code enacted by the exiles was more than a century in advance of European ideas and statutes, and in Rhode Island, as in Pennsylvania, the ideal was compelled to give way to the hard and practical pressure of dominating English influence, and of contact with the rougher sort of mankind, attracted to these shores by the hope of gain or the fear of punishment at home.

The Quakers began by proclaiming a modified freedom of religion. They declared, "That no person now, or at any time hereafter, dwelling or residing within this province, who shall profess faith in God the Father, and in Jesus Christ, His only Son, and in the Holy Spirit, one God blessed for Evermore, and shall acknowledge the Holy Scriptures of the Old and New Testament to be given by Divine Inspiration, and, when lawfully required, shall profess and declare that they will live peaceably under the civil government, shall in any case be molested or prejudiced for his or her conscientious persuasion, nor shall he or she be at any time compelled to frequent or maintain any religious worship, place or ministry whatsoever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in all respects, without molestation or interruption." Of course this manifestly excluded unbelievers in the Trinity, and left a door open for controversy as to what books were included in the Sacred Scriptures. Furthermore, the law against blasphemy might easily have been used as a weapon of persecution, providing, as it did, that whoever should "despitefully blaspheme or speak loosely and profanely of Almighty God, Christ Jesus, the Holy Spirit or the Scriptures of Truth, and is legally convicted thereof, shall forfeit and pay the sum of ten pounds for the use of the poor of the county where such offence shall be committed, or suffer three months imprisonment at hard labor."

Practically, however, entire freedom of worship existed in Pennsylvania. The same liberal spirit breathed through the Quaker code, while at the same time due care was taken to protect the morals of the people.

There was a marked disposition in those days to visit with severity offences against morality, especially when the detected culprits were females; though males were not spared when sufficient proof could be brought of their guilt. A woman concealing the birth of a child, found dead, and evidently born alive, was held to be guilty of murder, unless she could prove that the death was not her doing. This unjust presumption remained in force for many years, until, under the influence of kinder and Christian sentiment, the law was changed, the burden of proof placed upon the prosecution and the presumption of innocence extended to the defendant. The penalty for violating the marriage obligation was the lash; the letter "A" being branded on the forehead for the third offence. A singular provision of law was that a married woman having a child when her husband had been one year absent, should be punished as a criminal, but to be exempt from punishment if she should prove that her husband had been within the period stated "in some of the Queen's colonies or plantations on this continent, between the easternmost parts of New England and the southernmost parts of North Carolina."

The penalties inflicted on servants point in a remarkable manner to the wonderful advance in the condition of menial and common laborers within the past hundred years. Pennsylvania, in the treatment of the laborer, was at least as lenient as any other colony, but the laws of the time appear hideously harsh and oppressive to us of to-day. The early colonial statutes provided that, "For the just encouragement of servants in the discharge of their duty, and the prevention of their deserting their master's or owner's service, be it enacted, that no servant bound to serve his or her time in this province, shall be sold or disposed of to any person residing in any other province or government without the consent of said servant, and two justices of the peace of the county wherein such servant lives or is sold, under the penalty of ten pounds to be forfeited by the seller." What a picture this conjures up of some poor, orphaned and half-starved colonial Oliver Twist, dragged by his master into the presence of pompous justices, and frowned into a hesitating consent to exchange the evils with which he was familiar for a fate whose wretchedness he knew not of!

Ten shillings was to be paid for returning a runaway servant, if captured within ten miles of the servant's abode; if over ten miles, then the sum of twenty shillings was to be paid to the captor on delivery of the fugitive to the sheriff, the master to pay, in addition to the reward, five shillings prison fees, and all other disbursements and charges. The penalty for concealing a runaway servant was twenty shillings, and any one purchasing any goods from a servant without the consent of the master or mistress was fined treble the value of the goods, to the use of the owner, "and the servant, if a white, shall make satisfaction to his or her master or owner by servitude after the expiration of his or her time, to double the value of said goods, and if the servant be a black, he or she shall be severely whipped in the most public place in the township in which such offence was committed."

It may be seen from the above that common labor up to the time of the Revolution was virtually that of serfs, without discrimination of color or nativity. The supply of such labor came largely from Great Britain and Ireland, and to some extent from the other colonies and from Africa. Poor debtors also were sold into servitude, a law of 1705 providing that "debtors should make satisfaction by servitude not exceeding seven years, if a single person and under the age of fifty, and three years or five years if a married man, and under the age of forty-six years." What the family of the married debtor were to do for a living while he was in servitude, legislation failed to suggest. Probably, in many instances, they were glad to accompany the husband and father into serfdom. Warrants could not be served on Sunday, one day of the seven being reserved when the wretched debtor might rest in security, and the hunted criminal forget that he was outlawed.

While other colonies were founded as places of refuge for Christians oppressed on account of their religion, Georgia had its origin in the humane desire of General James Edward Oglethorpe to establish an asylum for poor debtors, with whom the prisons of England were over-crowded, the colony also to be a haven for the Protestants of Germany and other continental States. The proprietors of the Carolinas surrendered their charters to the crown in 1729, and King George II was, therefore, free to grant, June 9, 1732, a charter for a corporation for twenty-one years "in trust for the poor," to found a colony in the disputed territory south of the Savannah, to be called Georgia, in honor of the king. The trustees, appointed by the crown, possessed all the power both of making and executing laws. The people of Charleston, South Carolina, gave welcome to Oglethorpe and his immigrants, for South Carolina had been greatly harassed by the Spaniards to the south, and by the powerful tribes of Indians who occupied a large portion of the proposed colony. General Oglethorpe laid the foundation of the future State on the site of Savannah, and notwithstanding grievous restrictions on the ownership of land, the colony attracted many settlers from England, Scotland and Germany. The Spaniards invaded Georgia in 1742 with a fleet of thirty-five vessels from Cuba and a land force three thousand strong. Oglethorpe had but a small body of troops, chiefly Scotch Highlanders, but by courage and strategy he inflicted a sanguinary defeat on the Spaniards at the place called the "Bloody Marsh." Ten years later, in 1742, Georgia became a royal province, and secured the liberties enjoyed by other American provinces under the crown.

SECOND PERIOD.

The Struggle for Empire.

Struggle for Empire in North America--The Vast Region Called Louisiana --War Between England and France--New England Militia Besiege Quebec --Frontenac Strikes the Iroquois--The Capture of Louisburg--The Forks of the Ohio--George Washington's Mission to the French--Braddock's Defeat--Washington Prevents Utter Disaster--Barbarous Treatment of Prisoners.

The capture of Louisburg, in 1746, was the most important military achievement of the English colonists in America, previous to the Revolution. The French built the fortress soon after the treaty of Utrecht, and spared no expense to make it formidable. The project to drive the French out of the place was entirely of colonial origin. Governor Shirley, of Massachusetts, proposed the expedition to the legislature of the colony, and the members of that body hesitated at first to enter upon an undertaking apparently so hazardous and almost hopeless. After discussion the necessary authority was granted by a majority of one. A circular-letter, asking for assistance, was then sent to all the colonies as far south as Pennsylvania. New York, New Jersey and Pennsylvania contributed considerable sums of money, and Governor Clinton, of New York, sent also provisions and cannon. Roger Wolcott led five hundred men from Connecticut and Rhode Island and New Hampshire each sent three hundred men. The remainder of the force of 3250 men was enlisted in Massachusetts, that colony also providing ten armed vessels. William Peperell, of Maine, distinguished alike on the bench and in arms, commanded the expedition, and English vessels of war assisted in the assault. The French surrendered after a siege of forty-eight days, conducted with great vigor by the colonists. The gratification of the British government over the important victory is said to have been mingled with apprehension, due to the signal display of colonial power and energy. Upon peace being made in 1748, after four years' war, Louisburg, much to the indignation of the colonists, was given up to France in exchange for Madras, in India, and had to be reconquered in 1758.

The point of land where the Allegheny and Monongahela meet in turbulent eddies and form the Beautiful River, early engaged the attention of the two nations, rivals for the dominion of the northern continent, while between two of the leading British colonies grave difference existed as to ownership of the coveted territory. Pennsylvania, held in leading-strings by a Quaker policy which endeavored to reconcile the savage realities of an age of iron with theories of a golden millennium, failed to sustain her assertion of right with the energies that her population and resources might well have commanded, and Virginia, more ambitious and militant, boldly pushed an armed expedition into the very heart of the border wilderness, and began with the attack on Jumonville and his party the war that ended on the Plains of Abraham.

In 1750 the Ohio Company, formed for the purpose of colonizing the country on the river of that name, surveyed its banks as far as the site of Louisville. The French, resolved to defend their title to the region west of the mountains, crossed Lake Erie, and established posts at Presque Isle, at Le Boeuf, and at Venango on the Allegheny River. Governor Dinwiddie, of Virginia, sent a messenger to warn the French not to advance. He selected for this task a young man named George Washington, a land surveyor, who, notwithstanding his youth, had made a good impression as a person of capacity and courage, well-fitted for the arduous and delicate undertaking. Washington well performed his task although the French, as might have been expected, paid no heed to his warning. In the spring of 1754, a party of English began to build a fort where Pittsburg now stands. The French drove them off and erected Fort Duquesne. A regiment of Virginia troops was already marching toward the place. Upon the death of its leading officer, George Washington, the lieutenant-colonel, took command. Washington, overwhelmed by the superior numbers of the French, was compelled to surrender, and the French, for the time, were masters of the Ohio.

This reverse did not diminish the esteem in which Washington was held by the Virginians, and by those of the mother country who came in contact with him. When General Edward Braddock, in 1755, started on his ill-fated expedition for the capture of Duquesne with a force of about two thousand men, including the British regulars and the colonial militia, Washington accompanied the British general as one of his staff. Braddock was a gallant soldier, but imperious, and self-willed, and he looked almost with contempt upon the American troops. He made a forced march with twelve hundred men in order to surprise the French at Duquesne before they could receive reinforcements. Colonel Dunbar followed with the remainder of the army and the wagon-train. It was a delightful July morning when the British soldiers and colonists crossed a ford of the Monongahela, and advanced in solid platoons along the southern bank of the stream in the direction of the fort. Washington advised a disposition of the troops more in accordance with forest warfare, but Braddock haughtily rejected the advice of the "provincial colonel," as he called Washington. The army moved on, recrossed the river to the north side, and continued the march to Duquesne. The news of the British advance had been carried to the fort by Indian scouts. The French at first thought of abandoning the post, but they decided to attack the British with the aid of Indian allies. De Beaujeu led the French and Indians. The British were proceeding in fancied security when the forest rang with Indian yells, and a volley of bullets and flying arrows dealt death in their ranks. The regular troops were thrown into confusion, and Braddock tried courageously to rally them. Washington showed the admirable qualities which afterward made him victor in the Revolution. Cool and fearless amid the frantic shouts of the foe and the panic of the British soldiery, he gave Braddock invaluable assistance in endeavoring to retrieve the fortunes of the day. The provincials fought frontier fashion, nearly all losing their lives, but not without picking off many of their enemies. Beaujeu, the French commander, was killed in the opening of the engagement. Of eighty-six English officers sixty-three were killed or wounded; and about one-half the private soldiers fell, while a number were made prisoners. For two hours the battle raged, until Braddock, having had five horses shot under him, went down himself, mortally wounded. Then the regulars that remained took to flight, and Washington, left in command; ordered a retreat, carrying with him his dying general. Braddock died three days after the battle, expressing regret that he had not followed the counsel of Washington. The British prisoners were taken to Duquesne, and that evening the Indians lighted fires on the banks of the Allegheny River, near the fort, and tortured the captives to death. An English boy who was a prisoner at Duquesne, having been previously captured, and who afterward related his experience in a narrative, a copy of which the writer has examined, says that the cries of the victims could be heard in the fort. The boy himself was subjected to closer confinement than usual, apparently for fear that the savages might demand that he be given up to them.

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