first refused even to bring in a bill on the subject. This drew from the governor an angry rebuke, in his speech, at the close of the session, intimating that they were more attentive to their civil rights than the subject of religion.

"The first that I did recommend to you, at our last meeting," says the governor "was to provide for a ministry, and nothing is done in it. There are none of you, but what are big with the privileges of Englishmen and magna charta, which is your right; and the same law doth provide for the religion of the church of England, against Sabbath breaking, and all other profanity. But as you have made it last, and postponed it this session, I hope you will begin with it the next meeting, and do something toward it effectually."

The same subject being again pressed, by the governor, the next session; the house passed a bill, for the settling a ministry in several parishes, in four counties; but the right of presentation was given to the people. The council proposed an amendment, that they should be "presented to the governor, to be approved and collated." To this amendment, the house refused their assent, and returned the bill, praying that it might pass, without the amendment, as in drawing it, they had "a due regard to that pious intent of settling a ministry, for the benefit of the people.". The governor took fire, at this "stiffness," as he called it, of the house, and in an angry and illiterate speech, dismissed the assembly. A part of this speech we here present, because it not only evinces the character of the governor, but shows how little the British administration attended to the qualifications of those whom they sent to govern the colonists. "There is also a bill, gentlemen," says the governor, "for settling a ministry in this city and some other counties of the government. In that very thing, you have shown a great deal of stiffness."

"You take upon you as if you were dictators. I sent down to you an amendment of three or four words, in that bill, which, though very immaterial, yet was positively denied. I must tell you it seems very unmannerly. There never was an amendment yet desired by the council board, but what was rejected. It is the sign of a stubborn ill temper, and this have also passed."

"But, gentlemen, I must take leave to tell you, if you seem to understand by these words, that none can serve without your collation or establishment, you are mistaken. For I have the power of collating or suspending any minister in my government, by their majesties' letters patent; and whilst I stay in the government, I will take care that neither heresy, sedition, schism, or rebellion, be preached among you, nor vice and profanity encouraged.”*

The Earl of Bellamont, not long after, succeeded Fletcher, and was governor not only of New York, but of Massachusetts and New Hampshire. From this period to the time of the American revolution, the political annals of the province of New York, present little more than a constant struggle for prerogative on the part of the crown, and for rights on the part of the people.

These disputes related principally to the formation and duration of assemblies, the imposition of taxes, the establishment of permanent revenues, and the regulation of courts, and will be noticed in the succeeding chapter.

* Smith, p. 141

CHAPTER III.

Colonists consider themselves entitled to the rights of Englishmen-Claim the right of representation-Disputes with the crown on this subject-Opinions of eminent lawyers on this question-Declaration of rights by the assembly of New York in 1691-Declarations of the colonies at various times on the right of taxation-Various acts of parliament restricting the trade and manufactures of the colonies-The origin and causes of these acts-Their effects in the colonies and opinions concerning them-Mode of enforcing them-Board of trade and plantations establishedObjects and powers of this board-Rice included among the enumerated commodities in a clandestine manner-Acts of parliament concerning hats and hatters— Manufacture of iron aud steel prohibited-Slitting mills, plating forges and furnaces, in the colonies declared common nuisances—Governors ordered to destroy themPrinciples and opinions of English writers concerning the trade and manufactures of the colonies.

THE colonists, from their first settlement considered themselves entitled to the rights of Englishmen, as secured by magna charta, and confirmed by the bill of rights.

The most important of these rights, were those of representa tion and taxation. To have a share in making the laws by which they were to be governed, as well as in the imposition of taxes they were to pay, they always claimed as their birthright.

Under the charter and proprietary governments, the colonists were secured in the right of representation, by solemn compacts with the crown; but in the royal governments, this right was not conceded, but depended, as claimed by the crown, on royal authority alone.

This important question was agitated at an early period, as we have before stated, in the province of New York. About the time of the revolution in England, it was a subject of debate in that province, whether the people had a right to be represented in the assembly, or whether it was a privilege to be enjoyed through the favor of the crown.* This question was settled in favor of the right, on the part of the people, by the act to which we have

before alluded, passed in 1691, declaring the rights and privileges of the people of that province. By this act it was declared, that the supreme legislative power and authority, under their majesties, should forever be and reside in a governor in chief, and council, appointed by their majesties, their heirs and successors; and in the people, by their representatives, met and convened in general assembly. That the governor, with the advice of his council, was to administer the government, according to the laws of the province, and for any defect therein, according to the laws of England and not otherwise; and in case of the death or absence of the governor, the oldest councillor was to officiate as governor, that a general assembly should be held, once every year, and that every person having a freehold of forty shillings per annum, should have a vote in the choice of representatives. The act also designated the number of representatives, to be chosen in the cities, manors, and counties, prescribed the mode in which the house should be organized, and authorized the representatives to adjourn from time to time, as they should think fit. This act, however, was disallowed by the king, in 1697. The governor claimed the right of calling the assembly, when he pleased, and after the representatives were chosen, of continuing them at his pleasure, without a new election. The manner in which this power was exercised, created violent disputes between the governors and the people.

During the administration of Cosby, one assembly was continued six years. The people solicited the governor for a new election, but in vain; and he was equally regardless of the repeated requests of the house to be dissolved. During the continuance of this assembly, laws were passed, declaring and enacting, that no assembly should continue longer than three years, and that an assembly should be held, at least once a year; but to these the gov ernor refused his assent. The continuance of the same assembly for a long time, and the distribution of offices among the members, the governors, no doubt, considered the best mode of obtaining a majority favorable to their views, and particularly in securing a large salary to themselves, a principal object with most of

them. To prevent the influence of the governor by the distribution of offices among the members, bills were introduced prohibiting any member from accepting an office of profit, after his election, but did not pass. During the administration of the successor of Cosby, a law was finally obtained, limiting the duration of assemblies to three years. This law, however, was negatived by the king, because it was "a high infringement upon the prerogative of the crown."*

To compel the governor to convene the legislature once a year, the assembly of New York utterly refused to grant a revenue but. for that short period.

In pursuance of royal instructions, the governors repeatedly urged the establishment of a permanent revenue, and particularly required that the same be placed at the control of the governor and council. This was resisted by the house, and in the year 1737, an address was presented to lieutenant governor Clark, on this and other subjects, couched in the spirited language of injured freemen. After stating the importance of frequent elections, to prevent the improper use of power, declaring that checks and balances were necessary for the preservation of the liberty and happiness of any country; on the subject of revenue, they say,

we, therefore, beg leave to be plain with your honor, and hope you will not take it amiss, when we tell you, that you are not to expect, that we either will raise sums unfit to be raised, or put what we shall raise, into the power of a governor to misapply, if we can prevent it; nor shall we make up any other deficiencies, than what we conceive are fit and just to be paid, or continue what support or revenue we shall raise, for any longer time than one year; nor do we think it convenient to do even that, until such laws are passed, as we conceive necessary for the safety of the inhabitants of this colony, who have reposed a trust in us, for that only purpose, and which, we are sure, you will think it reasonable we should act agreeably to; and by the grace of God, we shall endeavor not to deceive them." The question respecting the duration of the assembly, was settled, under the administra

Chalmers' opinions of eminent lawyers, on points concerning the colonies, vol. 1, † Continuation of Smith's History of New York, p. 421.

p. 189.