This controversy continued in that province for about thirty years. The same instructions were constantly renewed, and almost every year, became a subject of altercation, between the governors and the general court.

Governor Burnet, in 1728, was commanded, to require of the council and assembly, an immediate compliance, by passing acts "to establish a fixed and honorable salary for the support of the governor, to be, at least, one thousand pounds sterling per annum." And in case the council and assembly, the king said, "shall not pay a due and immediate regard to our royal will and pleasure hereby signified, we shall look upon it, as a manifest mark of their undutiful behaviour to us, and such as may require the consideration of the legislature, in what manner the honor and dignity of our government ought to be supported, in our said province, for the future."

Massachusetts still persisted in her refusal to comply with the reiterated and earnest requests of his Majesty, fearless of the consequences. On this account, the governor adjourned the general court, to meet at Salem, intimating that they were too much under the influence of the inhabitants of Boston. The governor seemed determined to continue the assembly in session, until the members complied with the royal mandate.

In this situation, the house of representatives presented a memorial to the king setting forth the reasons of their conduct, in relation to the salary. They inform his majesty that, "it is, and has been very well known in this, as well as other nations and ages, that governors at a distance from the prince, or seat of government, have great opportunities and sometimes too, prevailing inclinations, to oppress the people; and it is almost impossible for the prince, who is the most careful father of his subjects, to have such matters set in a true light."

"We humbly crave leave, therefore, to suggest that it is very much for your majesty's interest, and very necessary to the tranquility and flourishing of this your province, that the governor should be induced by his own interest, as well as duty to your majesty, to consult the interest and welfare of the people; but

should we fix a salary, the governor's particular interest will be very little affected, (while thus settled) by serving or disserving the people's interest; and we should do more than has ever been done by the wisdom of Great Britain."

Notwithstanding the nation and your subjects in the most distant parts of your dominions, have so entire a confidence in your majesty; and your interest and glory, and that of your royal posterity, are inseparable from the prosperity and welfare of your people, (for we are all your inheritance,) yet, the civil list is settled for your majesty's life only; whereas neither the happiness nor adversity of this province affect a governor's interest, when he has once left us; and the raising and disposing of money, from time to time, of our free will and consent, for the defense and support of the government, and protection and preservation of the inhabitants, is the privilege, which, as Englishmen, by magna charta, and by the charter granted by King William and Queen Mary, of glorious memory, the general assembly, (as we humbly conceive) have a right unto."*

This address was referred to the board of trade, before whom there was a hearing in behalf of the crown, as well as on the part of the house. The board condemned the conduct of the latter, in refusing to comply with the royal instructions; and in the conclusion of their report to the king and council, discovered an extreme jealousy of the growing power and wealth of that province, and of the supposed determination of its inhabitants to become independent of the crown.

“The inhabitants," say the board, " far from making suitable returns to his majesty, for the extraordinary privileges they enjoy, are daily endeavoring to wrest the small remains of power out of the hands of the crown, and to become independent of the mother kingdom. The nature of the soil and products are much the same with those of Great Britain, the inhabitants upwards of ninety-four thousand, and their militia, consisting of sixteen regiments of foot and fifteen troops of horse, in the year 1718, fifteen thousand men; and by a medium, taken from the naval of

Records of Massachusetts.

ficer's accounts for three years, from the 24th of June, 1714, to the 24th of June, 1717, for the ports of Boston and Salem only, it appears that the trade of this country employs continually no less than three thousand four hundred and ninety-three sailors, and four hundred ninety two ships, making twenty-five thousand four hundred and six tons. Hence your excellencies will be apprized of what importance it is to his majesty's service, that so powerful a colony should be restrained within due bounds of obedience to the crown; which, we conceive, cannot effectually be done, without the interposition of the British legislature, wherein, in our humble opinion, no time should be lost."* This report was accepted by the king and council. On the death of governor Burnet, Mr. Belcher, who was one of the agents of the house, in supporting the address, and a popular man, was appointed his successor.

The same instructions were still continued and in stronger language. The assembly are told, that, in case of further refusal, "his majesty would find himself under a necessity of laying the undutiful behavior of the province before the legislature of Great Britain, not only in this single instance, but in many others of the same nature and tendency; whereby it manifestly appears," his majesty observes," that this assembly, for some years last past, have attempted, by unwarrantable practices to weaken, if not cast off the obedience they owe to the crown, and the dependence, which all colonies ought to have, on their mother country." Should the assembly fail to comply, the governor was directed immediately to repair to Great Britain, to give an account of what should have passed on the subject, that the same might be laid before parliament.†

But neither the popularity of the new governor, nor the threats of the king, could induce a change of conduct on the part of the people of Massachusetts.

Attempts were made to effect a compromise, but in vain. The assembly made a temporary grant of one thousand pounds, but the governor was instructed to assent to no other than a Hutchinson, vol. 2, p. 320 Hutchinson, vol. 2. p. 334.

fixed and permanent salary. Satisfied that the house would never yield on this subject, the governor solicited a relaxation of his instructions, and the crown finally permitted him to assent to temporary grants.

Thus, after a constant struggle for more than thirty years, the crown was, at last, compelled to yield to the bold and persevering opposition of the people of that province. This controversy was not renewed in Massachusetts, until 1773, when an attempt on the part of the crown, to provide salaries for the governors and judges of that province independent of the assembly, was resisted with the same firmness; and as, will hereafter appear, was one of the causes, which induced the people of that province to declare themselves independent of the parent country.

CHAPTER V.

Convicts transported to the Plantations from England-The Colonies of Virginia and Maryland pass Laws respecting them-These Laws disapproved by the CrownThis conduct of the Parent Country injurious to the Colonies, and excites their indignation-Privilege of the writ of Habeas Corpus, supposed by the Board of Trade not to extend to the Colonies-Act of Massachusetts concerning the writ of Habeas Corpus disallowed by the Crown-Colonists still retain an affection for their Parent Country-Bounties allowed by Parliament for certain articles produced in the Colonies-Mode of Colonial Contributions-Extent of the English and French Claims in North America-Plan of Union among the Colonies adopted in 1754-Disapproved by the Crown and the Colonial Legislatures-Ministerial plan for defending the Colonies-Reasons of Dr. Franklin against it-War of 1756, in consequence of disputed Claims in America-Quebec taken-Family compact between France and Spain-Havana taken-Peace of 1763-French power in America destroyed-Colonial Schools for General Education-First established in Massachusetts by law, in 1647-Objects of their establishment The Clergy of New England assist in establishing these Schools— Colleges founded in the Colonies-Character of the People of America different from that of those of Europe-Some of the causes of this difference.

In this brief summary of the political state of the colonies previous to 1763, we cannot forbear noticing, as necessarily connected with it, the conduct of the parent country, in transporting to America, those persons, who for their crimes, had forfeited their liberty and lives in Great Britain. In this, the social as well as political happiness of the colonists were totally disregarded. Transportation to the plantations, was authorized, in lieu of punishments inflicted for some of the greatest crimes committed in society; and America was made an asylum for the worst of felons.

This practice first commenced under the reign of James I, who, by his royal prerogative, adopted the measure of" ordering dissolute persons to be sent to Virginia."* This was afterwards continued; and convicts were transported to the other colonies, as well as Virginia; and was finally authorized and regulated by Chalmers, p. 364.