The Colonization Of North America Part 29

The privy council.--The privy council continued to be the executive center of the system. Recommendations which were read before it were usually referred to a committee of the whole, and upon the decision of this committee the council acted. As d.i.c.kerson says, "The whole machinery ... for colonial administration included a Board of Trade to investigate, gather facts, and make recommendations; a committee of the Privy Council to act as a board of review and a court of appeals, both administrative and legal; and the privy council, meeting with the king, before which all final actions of importance were registered."

The Board of Trade and other departments of government.--The commissioners of the customs worked in close touch with the Board of Trade. The bodies were mutually helpful in collecting information. The admiralty and the treasury were also necessarily in close touch with the Board of Trade as was the Bishop of London. Many members of the Board of Trade occupied seats in parliament and prepared bills which affected the colonies. The board members also furnished information to parliament concerning trade and colonial matters.

Evasion of the trade laws.--The earlier navigation laws had not been thoroughly enforced. Most of the customs officials and some of the governors exerted themselves to enforce the laws, and several ships were fitted out to stop illicit traffic, but many of the officials were negligent, and several of them no doubt profited by non-enforcement of the laws. When arrests were made convictions proved difficult, for the juries were in sympathy with the law-breakers. In 1693 a Scotch commercial company was organized with the object of trading to India and Africa. This alarmed the English East India and the Royal African companies. The complaints of the customs officials and individual merchants, when reinforced by these powerful corporations, resulted in the pa.s.sage of "An Act for preventing Frauds and regulating abuses in the Plantation Trade," a law familiarly known as the Navigation Act of 1696.

Navigation Act of 1696.--The act provided that after March 25, 1698, no goods should be imported into or exported from any English colony in Asia, Africa, or America, or be carried from or to any colony, or England, Wales, or Berwick-upon-Tweed, except in ships built by English subjects and navigated by English masters, with three-fourths of the crews English subjects. Exception was made of prizes condemned in the admiralty courts, and, for three years, of ships which were under contract to deliver supplies to the English navy. All ships engaged in colonial trade were made subject to the same rules of search and the same penalties for violations as prevailed in England. No vessel was allowed to engage in colonial trade until one or more of the owners had registered the vessel and taken a prescribed oath. The Lord Treasurer, Commissioners of the Navy, and Commissioners of the Customs were allowed to appoint customs officers for any place which they saw fit. Forfeiture of vessel and cargo was the penalty for breach of the law, one-third of the proceeds to go to the crown, one-third to the governor of the colony, and one-third to the informant who brought the suit. Governors or commanders-in-chief of the colonies were required to take oath to enforce the acts of trade, under penalty of a fine of a thousand pounds and removal from office. Naval officers in the customs service were required to give ample security to the Commissioners of the Customs in England. In order to secure convictions, the act provided that in cases arising under the navigation laws, only natives of England, Ireland, or persons born in the English colonies could serve on juries. Those having land grants were forbidden to dispose of any lands to foreigners without an order in council, and the crown reserved the right to approve the nomination of governors in the proprietary colonies. Any colonial act at variance with the navigation laws was declared null and void.

Woolen Act of 1698.--The frequent interruptions of trade during the War of the English Succession caused the New Englanders to manufacture many woolen goods. In order to retain a monopoly for English manufacturers, in 1698 an act was pa.s.sed forbidding the colonists to ship wool or woolen products from one colony to another.

Admiralty courts.--The Navigation Act of 1696 presupposed the establishment of admiralty courts in the colonies. The continental colonies were soon organized into two admiralty districts, New England, New York, and after 1702 New Jersey comprising the northern, and the rest the southern district. At a later period the districts were subdivided. In these courts there were no juries, a fact which made the admiralty courts exceedingly unpopular.

The Piracy Act.--Piracy had long existed, especially in the West Indies, and though stringent measures were taken to suppress it, the black flag still floated over many a pirate craft. Madagascar became a favorite haven, and from its harbors went forth the sea rovers to prey upon the East and West Indiamen. In many ports of the American colonies they were able to dispose of their booty, while officials closed their eyes or shared in the profits. Of the pirates of the period, the best known is Captain Kidd, about whose name has cl.u.s.tered much of fable and romance.

The Navigation Act of 1696 made smuggling more difficult, and out and out piracy increased greatly after the pa.s.sage of the act. To protect the merchant ships and make the navigation laws more effective, in 1700 an act was pa.s.sed which provided that piracy and other felonies committed on the high seas might be tried in special colonial courts created by the crown.

The "Charter of Privileges" and the formation of Delaware.--Near the close of the reign of William III the government of Pennsylvania was changed. In 1701 in the hope of quieting dissension in Pennsylvania, Penn consented to the "Charter of Privileges," which was pa.s.sed by the council and a.s.sembly. The proprietor continued to appoint the governor and councillors, but the a.s.sembly was henceforth composed of four representatives from each county who were elected by the freemen. The a.s.sembly was allowed to elect its own officers and to initiate legislation. Delaware was allowed to have its own a.s.sembly but remained under the jurisdiction of the proprietor.

New Jersey.--The policy of bringing all the colonies to a common type was evidenced by various attempts to send governors to the chartered and proprietary colonies, but in the end the attempts were abandoned.

Various bills were introduced in parliament to make all the colonies royal, but they failed except in the case of New Jersey. The position of the proprietors in East and West New Jersey had always been precarious, and in 1702 they surrendered their rights to the crown. The two colonies were consolidated into the single colony of New Jersey, the royal type of government being established, Governor Cornbury of New York being commissioned as the first royal executive.

THE COLONIAL SYSTEM DURING THE REIGN OF ANNE

Cabinet development.--During the reign of Anne the cabinet system was gradually evolving. The privy council continued as the legal advisory body of the crown, but a small group of ministers, the forerunner of the modern cabinet, was in control Colonial affairs were placed definitely in the hands of the secretary of state for the southern department. The Board of Trade continued, but as the cabinet system developed, it became less important, the secretary of state for the southern department and parliament gradually encroaching upon the activities of the board. The union with Scotland in 1707 profoundly affected the commercial system, for after the union the Scots were no longer excluded from colonial commerce.

Commercial legislation.--In 1705 another important act of trade was pa.s.sed which added rice, mola.s.ses, and various naval stores to the fist of enumerated articles which must be shipped to England. To offset these new restrictions, bounties were to be given on naval stores produced in the colonies and shipped to England and in 1707 colonial seamen were exempted from impressment in the royal navy. During the reign of William III the Bank of England was established and the financial system was completely renovated. No definite money system had been established in the colonies; Spanish coins were in common use, but they had no fixed value, a condition which greatly hampered commerce. In 1707 parliament pa.s.sed an act which imposed penalties for taking foreign coins at a rate above the legal ratio. The colonial post-office was also reorganized.

Before 1689 each colony had regulated its postal offices. In 1692 a patent for twenty-one years was issued to Thomas Neale to establish colonial post-offices; Neale's deputy, Andrew Hamilton of New Jersey, obtained the support of several of the colonial governments in establishing postal rates, but the arrangements were lacking in uniformity. In 1710 parliament pa.s.sed an act reorganizing the post-office of the entire realm. In the colonies a post-office was to be established in New York and at other convenient points in each of the colonies on the continent and in each of the Leeward Isles.

Disallowance and appeals.--During the reigns of William III and Anne the crown was constantly seeking to harmonize the colonial and home governments, both in legislation and administration. The chief crown instrument for achieving harmony was the right of royal disallowance of colonial legislation. By 1692 it had been established in the royal provinces and in Pennsylvania. In 1702 it was extended to New Jersey, and at various times during the reign of Anne laws of chartered colonies were disallowed, although such action was of doubtful legality.

The unity of the English court system was maintained by insistence that cases involving individuals in the colonies might be appealed to the privy council When the colonies attempted to restrict the right, colonial legislation was disallowed.

Causes of friction.--The const.i.tutional development in England which followed the Revolution of 1688 was reflected in the colonies, where each lower house was a miniature house of commons representing the will of the enfranchised people, while the governors and proprietors were considered as representatives of the royal will. Struggles between the governor and a.s.sembly occurred in almost every colony, the most common causes of quarrel being the control of elections and of the purse, and appointments.

Control of elections and the purse.--In several of the colonies the popular control of elections was maintained either by specific statements in the charters or by legislative enactment. In Virginia the burgesses in 1692 declared themselves the sole judges of the qualifications of their members. The Ma.s.sachusetts charter provided for annual elections, and the same right was given to Pennsylvania in 1701.

Legislative acts in the Carolinas secured biennial elections. The most potent factor in limiting the power of governors was the control of taxation by the lower house. That money raised by direct taxation should be disbursed by the representatives of the people was a growing idea.

The a.s.semblies frequently fixed salaries, refused to provide for fixed civil lists, specified how much should be drawn and spent, and limited grants for governors to annual appropriations. Ma.s.sachusetts was the most insistent on her rights, but each of the colonies in one way or another sought to curb the executive.

Appointments.--The appointment of administrative officers by the a.s.semblies became more and more frequent. The theory that the representatives of the people should control taxation and disburs.e.m.e.nts naturally led to the a.s.sertion of the right to appoint financial officers, and by 1715 in most of the colonies the treasurer was appointed by the a.s.sembly. The colonies also maintained agents in England who guarded their interests.

THE COLONIAL SYSTEM UNDER THE WHIGS

Whig ascendency.--The peaceful establishment of George I on the English throne marked the downfall of the Tory party. To keep England at peace and at the same time to maintain the balance of power in Europe was the difficult task which the Whig statesmen performed, in the main successfully. To build up English industry and commerce on mercantilist principles was the basis of the Whig economic system.

Establishment of the Cabinet system.--The statesmen who had placed a Hanoverian on the throne did not propose to surrender the powers of government. The king, ignorant of English speech and English politics, soon learned that a Whig-made king was also a Whig-ruled king. During the two previous reigns a small group of men within the privy council had invariably directed affairs of state. This group had gradually come to represent the majority in parliament, an arrangement which became a definitely established principle, the ministerial group forming the cabinet. From 1714 to 1721 no one man dominated, but the financial crisis, brought about by the bursting of the South Sea Bubble, gave the great financier, Robert Walpole, his opportunity. As First Lord of the Treasury and Chancellor of the Exchequer, for twenty years he maintained his leadership, the first of the prime ministers.

The Secretary of State for the Southern Department.--In the evolution of the cabinet system the machinery of colonial government also changed.

Under the Whig regime the Board of Trade, which, since 1696 had been the chief instrument of colonial control, soon became of secondary importance, the Secretary of State for the Southern Department being recognized as the responsible head of the colonial system. Until 1724 no one held the office long enough to develop a colonial policy, but in that year the Duke of Newcastle was appointed to the position, which he held for twenty-four years. Newcastle is generally regarded as an inefficient administrator, a politician who found the colonial system a convenient place to reward supporters. In his hands was the power of appointment of colonial governors and other important officials; many of them proved to be excellent officials, but others were corrupt or incapable. Jealous of his authority and fearful of entrusting power to others, Newcastle attempted to attend to the ma.s.s of colonial business, with the result that it was frequently neglected.

The Board of Trade.--The Board of Trade necessarily lost in power. When the Whigs came in office, they made a clean sweep of the board. The new members were usually friends of the ministers or indigent members of the house of commons, most of whom were ignorant of colonial affairs. The board became mainly an information bureau. At a later period, when Newcastle became prime minister, it regained some of its former prestige under the able leadership of Halifax.

The privy council.--During the reign of Anne the deliberative work of the privy council had been transacted largely by a committee, the council formally approving business settled in committee. This became the uniform rule under George I. Pet.i.tions, complaints, and memorials were, usually referred to the Board of Trade for investigation and report, and then considered by a committee, of which the Secretary of State for the Southern Department was invariably a member. Colonial laws were also referred to the board for examination, while appeals were usually handled by a committee of the council. The crown continued to disallow colonial legislation, but exercised the right less frequently under the first two Georges than under William and Anne.

Att.i.tude toward colonial governments.--As compared with earlier periods, little was done to reorganize colonial governments. Though plans for doing away with the charters of Rhode Island and Connecticut were frequently discussed, no action was taken, but in the proprietary colonies changes occurred. In Maryland the Baltimore family was restored to power, and in Pennsylvania the Penn family was confirmed in its rights. In the Carolinas the colonists had grown weary of proprietary neglect in defending the colonies against the Indians, Spanish, and French. Revolutionary movements occurred which resulted in the overthrow of proprietary power and in the complete separation of North and South Carolina, a government of the royal type being established in each colony.

Trade laws.--During the Walpole period the mercantilist economic theories were still the basis of trade regulation. The colonies continued to be looked upon as a base of supply for raw material. Their industrial and commercial activities were not to interfere with those of English manufacturers and shippers. To prevent smuggling, to provide for the treasury, and at the same time foster the resources of the colonies, were the difficult tasks of Walpole and his colleagues.

Naval stores.--The wars of William and Anne had caused a great demand for naval stores, and their production in the colonies had been encouraged. During that period England had drawn her greatest supply from the Baltic countries. But the defeat of Sweden in her wars with Russia meant a decline of English influence in the Baltic, and England turned to the colonies for her ship supplies. In 1721 a new bounty act was accordingly pa.s.sed to encourage the colonial supply, and the best hemp from the colonies was allowed to come into England free of duty.

Eight years later the bounties on pitch, turpentine, and tar were somewhat lessened, the encouragement still being sufficient to give the producers a decided advantage over their compet.i.tors, the Carolinas being the princ.i.p.al gainers in the business. In 1731 the drawback on unwrought hemp exported from England to the colonies was removed, an act which also appears to have favored the colonial trade. The production of hemp, however, did not flourish in America as did that of other naval stores. In 1721 copper was placed upon the enumerated list, but every effort to include iron was defeated until 1750. In line with the policy of stimulating the production of naval stores was a provision that timber from the colonies could be imported into England duty free, the result being that New England became the source of supply for masts both in the navy and the mercantile marine.

Furs and hats.--The fur business in the Atlantic seaboard colonies had steadily declined, and the government wished to build it up. To accomplish this beaver and other peltry were placed on the enumerated list, but the duties payable in England were materially decreased. Much of the beaver was used in the colonies in the manufacture of hats. As this was an important English industry, in 1732 an act was pa.s.sed which stopped the exportation of hats from the colonies and restricted their manufacture.

Rice.--The rice industry had been introduced in Carolina about 1688, and found an important market in Portugal and Spain. Rice being placed on the enumerated list in the reign of Anne, the colonies soon lost the market. To rectify this, in 1730 Carolina was allowed to send rice direct to countries south of Cape Finisterre. Five years later Georgia, and somewhat later the West Indies, were allowed the same privilege.

American rice immediately regained its place in the trade of southern Europe and also found a market in Holland and Germany.

The Mola.s.ses Act.--The great staple of the West Indies was sugar. In its production the English Islands had surpa.s.sed the French colonies, a condition which was due to the restrictive measures of the French government. But in 1717 France adopted a liberal policy toward her colonies and the production of sugar increased to such an extent that the English sugar-producing islands experienced a financial depression.

The thrifty colonial traders from the mainland, especially from New England, took advantage of the low price of French and Dutch sugar, mola.s.ses, and rum. To bolster up the West Indian planters and to prevent the trade with foreign colonies, in 1733 the Mola.s.ses Act was pa.s.sed, imposing prohibitory duties on mola.s.ses, sugar, and rum imported into the continental colonies from other than English possessions. But in spite of the act the trade continued, and but little effort was made to enforce the law.

Const.i.tutional principles.--During the period from 1714 to 1740 the const.i.tutional rights of the people in the colonies were defined more clearly than before. In 1720 the principle was established that the common law applied to the colonies as well as to England, but the question of whether English statute law extended to the colonies was not satisfactorily settled. The writ of habeas corpus was usually granted under the common law. Progress was also made toward gaining the freedom of the press. After a struggle in Ma.s.sachusetts in 1721 the right of the governor to censor books was abridged. In 1735 Zenger, a New York publisher, was tried for libel. The court held that it should decide the libellous nature of the statements made, and that the jury should determine the fact of publication. Zenger's lawyer argued that the jury must decide on whether or not the publication was libellous. On this ground he won his suit, thereby greatly strengthening the power of the press.

Increasing power of a.s.semblies.--English colonial policy does not appear to have aroused serious opposition. Each colony had its political parties, but no question arose which welded together any group of colonies, or of cla.s.ses in various colonies. As in the earlier period there were frequent quarrels between the a.s.semblies and the governors, control of finance being the most usual cause of friction. The governors demanded fixed salaries, while the a.s.semblies insisted on making temporary grants. The a.s.semblies also ignored the necessity of the governor's warrant in drawing money, and insisted that the councils should not amend money bills. In these controversies the governors were usually bested, and by the close of the Walpole regime, the principle was well defined that the a.s.semblies should control the purse.

Paper money.--Closely allied to the question of control of taxation and the governor's salary was that regarding the issuance of paper money. A shortage of coin was usual, and the issuance of paper money was the remedy by which the a.s.semblies and banks attempted to provide a medium of exchange. In general the governors opposed such issues as financially unsound, but their actions were frequently misunderstood and were considered tyrannous.

Friction between colonies.--The difficulties between the executives and the a.s.semblies might have developed into a general opposition to English control had it not been for the quarrels between colonies over boundaries and trade laws. Boundaries were based upon charters, which in many cases were conflicting and almost every colony had chronic disputes with its neighbors. The trade laws of one colony frequently discriminated against its neighbors, the natural result being retaliatory legislation. The English government was often called in as umpire, but its decisions seldom met with the approval of both parties.

READINGS

Andrews, C.M., _The Colonial Period_, 128-154; Beer, G.L., "The Commercial Policy of England toward the American Colonies," in Columbia University, _Studies in History, Economics, and Public Law_, III, No.

2; Bingham, H., "Early History of the Scots Danen Company," in _The Scottish Historical Review_, January, April, July, 1906; Briscoe, N.A., "The Economic Policy of Robert Walpole," in Columbia University, _Studies in History, Economics, and Public Law_, XXVII, No. 1; Channing, Edward, _History of the United States_, II, 217-281; d.i.c.kerson, O.M., _American Colonial Government, 1697-1765_; Egerton, H.E., _A Short History of British Colonial Policy_, 114-152; Greene, E.B., _Provincial America_, 166-207; _The Provincial Governor in the English Colonies of North America_; Root, W.T., _The Relations of Pennsylvania with the British Government, 1696-1765_; Pitman, Frank W., _The Development of the British West Indies, 1700-1763_, pp. 127-333.

CHAPTER XX

A QUARTER-CENTURY OF CONFLICT: THE EXPULSION OF THE FRENCH (1715-1763)

SPAIN AND THE POWERS, 1715-1739

Spanish dynastic ambitions.--From 1715 to 1739 the relations of England and Spain were frequently strained, due to the clashing of commercial and colonial interests, or to the ambitions of Spanish rulers. Philip V hoped to become the king of France. His second wife, Elizabeth Farnese, was ambitious to secure territories in Italy for her sons, the elder, Don Carlos, being destined to play an important part in Italian and Spanish history. The Spanish minister, Alberoni, devoted himself to building up Spanish influence in Italy.

The Triple and Quadruple Alliances.--Her Italian policy brought Spain into discord with the Emperor Charles VI, as the House of Austria hoped to remain the dominant factor in Italy. In 1717 Austrian acts in the Milanese provoked hostilities. Spanish forces immediately occupied Sardinia and the following year Sicily. The same year an alliance had been made between England, France, and Holland, and in 1718 Austria joined the alliance. Austrian troops were sent to Italy, a Spanish fleet was defeated by the English Admiral Byng, and in 1719 a French army crossed the Spanish frontier. Spain was brought to terms and Alberoni was dismissed. But before definite terms could be arranged, France opened negotiations with Spain and French influence was greatly strengthened. The war between Spain and France extended to their North American colonies, with important consequences, as has been set forth in an earlier chapter.

Spanish-Austrian alliance.--From 1721 to 1724 Elizabeth Farnese depended on the French alliance to attain her ends. But France made no effort to dislodge the English from Gibraltar, and Spanish merchants complained of English smugglers in the colonies. Furthermore, Don Carlos had not been established in Italy. To bring about the desired ends, in 1725 an alliance between Spain and Austria was formed. This was made possible by the ambitions of the Emperor Charles VI, who had been unable to obtain the adhesion of England, Holland, and France to the Pragmatic Sanction.

He also hoped to secure a part of the Oriental trade by the formation of the Ostend East India Company, an enterprise which ran counter to English, Dutch, and French interests. Spain immediately demanded from England the cession of Gibraltar. The reply was the formation of the League of Hanover between England, France, and Prussia, the last named power, however, soon deserting its allies. Hostilities began in 1726 when an English fleet blockaded Puerto Bello and in 1727 the Spanish besieged Gibraltar. Austria was unprepared for war. Powerful parties in England and France did not favor it, and a considerable faction in Spain opposed the Austrian alliance. In consequence a peace was patched up.

The operations of the Ostend Company were suspended for seven years, and the siege of Gibraltar was abandoned.