In caces proper to the Comissioners wheareas by the sixth article, if
sixe Agree not, the proposicions with the Reasons are to be Refered
to the Fower Generall Courts: the Comissioners aproveing the Mocion
made by the Comity of the Masachusets doe recomend it to the Fower
Generall Courts that, if any ... three of the saide Courts agree ...
of any such proposicion, it shall passe and bee accoumpted as the
Conclusion of the united Colonyes, as it should have passed as ane
act of the Comissioners if sixe of them had consented: For the 5th,
sixth and seventh proposicions presented from the Comissioners of the
Masachusetts, Importeing a reall Chang in the tearmes and Covenants of
Confideration,--as noe alteracion Can bee made without the Consent of
all and each of the Generall Courts, soe the Comissioners Feare that
any of the Alteracions mencioned would prove dangerous and Inconvenient
to all or som of the Colonyes. The tacken [taking] of the Number of
malles they hope need not bee frequent; Nor, as it hath been Caryed by
the Comissioners, inconvenient. In point of the seventh proposicion
they Conscaive there is a mistack: the Lardge trade of the Masachusets,
besides theire Numbers, afford many advantages in Reference to estates
which the other Colonyes wante; but (it is from the Free grace of
god that all and each have what they have) they diser [them] to bee
thainkefull.
96. Nullification by Massachusetts
_Plymouth Colony Records_, X, 74-76. Cf. _American History and
Government_, # 93. The following extracts from a declaration of
the Massachusetts General Court put an end to the attempt of the
other three colonies in the New England Confederation to force
Massachusetts to join in a war against New Netherlands.
_The question propounded by the General Court of the Massachusetts_
[_June 2/12, 1653_].
... Whether the Comissioners of the united Collonies have power by
articles of agreement to determine the Justice of an offencive or
vindictive warr and to engage the Collonies therin;
The Answare of the Committies to the question,--first more particularly
from the Articles:
The whole power of Government and Jurisdiction is in the 3d and sixt
Articles refered to every Collonie whoe sawe not meet to divest
themselves of theire authoritie to Invest the Comissioners with any
part therof being altogether unsafe and unnessesary to attaine the end
of the Confeaderation;
The 9. and 10th Articles constituteth the Comissioners Judges of the
Justice of a defencive warr
The 4th and 5th settle Rules for Leagues, Aides, and number in a
defencive warr, and devisions of spoiles; but noe where provide for
the determination of the Justice of an offencive warr, which therfore
is refered wholy to the Determination of the Supreame Power of the
severall Confeaderate Jurisdictions, whoe would have otherwise provided
in the case.
Public-domain text, read in full here on John Shaqi.
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