Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
History
Narrative and Critical History of America, Vol. 5 (of 8): The English and French in North America 1689-1763
America -- Discovery and exploration; America -- History; United States -- History
Locke and Shaftesbury’s elaborate and cumbrous system, solemnly adopted
by the Proprietors, suited only (if it could be made to suit) a large
population. A copy was sent out for the first governor, but not to be
immediately put in force. He was to govern by “instructions” annexed
to his commission, and prefaced with the words “In regard the number
of the people which will at first be set down at Port Royal will be so
small, together with want of Landgraves and Cassiques, that it will
not be possible to put our Grand Model of government in practice at
first;” the instructions, coming as nigh as practicable to the Grand
Model, must be used instead. The same “paucity of nobility” and people
is given as the reason for two sets of Temporary Laws (1671, 1672)
and the Agrarian Laws (1672). The governor and council are told to
follow always the latest instructions; a prudent order, for they came
in so quick succession, and with so many alterations, that they may
have confused the wisest of governors. In these official papers two
principles are prominent: one that nothing should be debated or voted
in the parliament (the majority representing the people) “but what
is proposed to them by the council” (the majority representing their
lordships); the other “that the whole foundation of the government
is settled upon a right and equal distribution of land,”—for the
Proprietors and provincial aristocracy, first; then the common people
could have their subordinate little share.[749]
Contrast with these official regulations framed in London the actions
of Governor West and his council as recorded in the “Council Journals”
for 1671-72, still preserved in the office of the secretary of state.
They were exercising, on account of the “paucity of nobility,” all
executive, judicial, and legislative powers with promptness and energy,
and were fully supported by the people. They proclaimed war against the
Kussoe Indians, had all fire-arms repaired, began to construct a fort,
raised military companies, commissioned their officers, and reduced
the enemy to submission. They heard and decided complaints and legal
issues, and punished criminals, distributed lands, and provided for the
health and security of the community. They denied to Sir John Yeamans,
Landgrave though he was, any claim to gubernatorial authority, under
the Fundamental Constitutions, and had him before their tribunal for
cutting timber not his own. It is said he retired again to Barbadoes.
But he was commissioned governor and reappeared in the colony, and was
“disgusted that the people did not incline to salute him as governor.”
In obedience to instructions, he immediately summoned, by proclamation,
the freemen to assemble and elect a parliament of twenty members, and
to select five of their number to be members of the grand council. This
legislative body (April, 1672), the first we have knowledge of in the
colony, had at this time very little power, compared with the council;
Public-domain text, read in full here on John Shaqi.
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