Chapter 7

MASSACHUSETTS DEFIANT

Massachusetts was yet to be taken in hand. The English authorities had become convinced that a satisfactory settlement of all the difficulties in New England could be undertaken not in England, where the facts were hard to get at, but in America. Lord Clarendon, the Chancellor, had been in correspondence with Samuel Maverick, an early settler in New England and for many years a resident of Boston and New Amsterdam. As an Anglican, Maverick had sympathized with the opposition in Massachusetts led by Dr. Robert Child, and had been debarred from all civil and religious rights in the colony; but he was a man of sobriety and good judgment, whose chief cause of offense was a difference of opinion as to how a colony should conduct its government. The fact that he had been able to get on with the Massachusetts men shows that his attitude had never been seriously aggressive, for though he certainly had no liking for the policy of the colony, he does not appear to have been influenced by any hostility towards Massachusetts.

Happening to be in England at this juncture, Maverick was called upon by the Chancellor to state the case against the colony, and this he did in several letters, giving many instances of the colony's disloyalty and injustice, and recommending that its privileges be taken away, just as it had taken away the privileges of others. To this suggestion Clarendon paid no heed, for it was no part of the royal purpose to drive the colonies to desperation at a time when the King was but newly come to his throne and needed all his resources in the struggle with the Dutch. But to Maverick's further suggestions that New Netherland be reduced, that Massachusetts be regulated, and that commissioners be sent over to accomplish these ends, he expressed himself as favorable, and all were finally accepted by the Government. Maverick's opinion that British control should be exercised over a British possession and that the government of such a possession should not be conducted after the fashion of an ecclesiastical society happened to coincide with that of the King's advisers and, as Maverick had lived in America for thirty years, his advice was listened to with respect and approval. All thought that, while Massachusetts might not be driven with safety, she could probably be persuaded to admit some alteration in her methods of government by tactful representatives.

Had the Duke of York, to whom was entrusted the task of selecting the new commissioners, chosen his men as wisely as Clarendon had shaped his policy, the results, as far as Massachusetts was concerned, might have been more successful. The trouble lay with the character of the work to be done. On the one hand the Dutch colony was to be seized by force of arms, a military undertaking involving boldness and executive ability; on the other, the Puritan colonies were to be regulated, a mission which called for the utmost tact. The men chosen for the work were far from the best that might have been selected to bring back to the path of true obedience and impartial justice a colony that was deemed wilful and perverse. They were Richard Nicolls, a favorite of the Duke of York and the only commissioner possessed of discrimination and wisdom, but who, as governor of the yet unconquered Dutch colony, was likely to be taken up with his duties to such an extent as to preclude his sharing prominently in the diplomatic part of his mission; Colonel George Cartwright, a soldier, well-meaning but devoid of sympathy and ignorant of the conditions that confronted him; Sir Robert Carr, the worst of the four, unprincipled and profligate and without control either of his temper or his passions; and, lastly, Maverick himself, opposed to the existing order in Massachusetts and convinced of the necessity of radical changes in the constitution of the colony. Nicolls was liked and respected; Cartwright and Carr were distrusted as soldiers and strangers, and their presence was resented; whereas Maverick was objected to as a malcontent who had gone to England to complain and had returned with power to make trouble. When the colony heard of his appointment, it sent a vigorous address of protest to the King. If Clarendon expected from the last three of these men the wisdom and discretion that he said were essential to the task, he strangely misjudged their characters. He thought, to be sure, of adding other commissioners from New England, but he did not know whom to select and was fearful of arousing local jealousies. Yet considering the work to be done, it is doubtful if any commissioners, no matter how wisely selected, could have performed the task, for Massachusetts did not want to be regulated.

The general object of the commission was "to unite and reconcile persons of very different judgments and practice in all things," particularly concerning "the peace and prosperity of the people and their joint submission and obedience to us and our government." More specifically, the commissioners were to effect the overthrow of the Dutch, investigate conditions among the Indians, capture the regicides, secure obedience to the navigation acts, look into the question of boundaries, and determine the title to the Narragansett country, henceforth to be called the King's Province. The commissioners were to make it clear that they were not come to interfere with the prevailing religious systems, but to demand liberty of conscience for all, though Clarendon could not repress the hope that ultimately the New Englanders might return to the Anglican fold. The secret instructions were even more remarkable as evidence of a complete misunderstanding of conditions in New England. Clarendon wished to secure for the Crown the power to nominate or at least to approve the governor of Massachusetts, to control the militia, and to examine and correct the laws--powers, it may be noted, which were exercised in every royal colony as a matter of course. He suggested that the commissioners interest themselves in the elections so far as "to gett men of the best reputation and most peaceably inclined" chosen to the assembly, but he cautioned them to "proceed very warily" in some of these things. He had a hope that Massachusetts might be so wrought upon as to choose Nicolls for her governor and Carr for her major-general, but in this, as in the pious hope of a return of the Puritans to the Church of England, he reckoned without a knowledge of the grimness of the Massachusetts temper.

The commissioners reached Boston, _en route_ for New Amsterdam, late in July, 1664, asked for troops, and demanded the repeal of the franchise law. The magistrates took the precaution to conceal the charter; they were also heartily glad when the commissioners departed on their errand of conquest and hoped they would not return. The general court, having modified the franchise law sufficiently to meet the letter of the King's command, wrote His Majesty that they wished he would recall his emissaries; and when the magistrates discovered that this impertinent demand not only failed of its object but drew down upon the colony a royal rebuke, with characteristic shrewdness they shifted their ground and prepared to meet the commissioners in fair contest, wearing out their patience and thwarting their plans by every available device. In the meantime, the four men were completing the conquest and pacification of New Netherland, and rearranging the boundary difficulties with Connecticut. Then Maverick and Cartwright passed on to Boston, where they were joined in February by Carr, Nicolls remaining in New York. The three men, making Boston their headquarters, visited Plymouth, Newport, and Hartford, where they were received, according to their account, "with great expressions of loyalty"--a statement which, if true, shows how successfully the colonists suppressed their deeper feelings. Having taken the King's Province under the royal protection, and postponed for later consideration the question of the boundary line between Rhode Island and Connecticut, with new complaints against Massachusetts ringing in their ears, they returned to Boston to meet the defiant magistrates. There Nicolls joined them in May.

The Massachusetts mission was hopeless from the beginning. The magistrates and general court would not admit the right of the commissioners to interfere in any way with governmental procedure or with the course of justice; and standing with absolute firmness on the powers granted by the charter and pointing to the recent renewal by the King as a full confirmation of all their privileges, they denied the validity of the royal mission and refused to discuss the question of jurisdiction. The commissioners said very plainly that Massachusetts had not administered the oath of allegiance or permitted the use of the Book of Common Prayer, as she had promised to do, and, as for the new franchise law, they did not understand it themselves and did not believe it would meet the royal requirements. To none of these points did the magistrates make any sufficient reply, but, feeling convinced that safety lay in avoiding decisions, they preferred rather to leave the matter ambiguous than to attempt any clearing up of the points at issue.

But when the commissioners took up the question of appeals and announced their determination to sit as a court of justice, the issue was more fairly joined. The magistrates quoted the text of the charter to show that the colony had full power over all judicial affairs, while the commissioners cited their instructions as a sufficient warrant for their right to hear complaints against the colony. A deadlock ensued, but in the end the colony triumphed. After spending a month in fruitless negotiations, the commissioners gave up the struggle, preferring to leave the conduct of Massachusetts to be passed upon by the Crown rather than to prolong the controversy. For the time being, the Massachusetts men had their own way; but they had raised a serious and dangerous question, that of their allegiance and its obligations, for, as the commissioners said, "The King did not grant away his soveraigntie over you when he made you a corporation. When His Majestie gave you power to make wholesome lawes and to administer justice, he parted not with his right of judging whether those laws are wholsom, or whether justice was administered accordingly or no. When His Majestie gave you authoritie over such of his subjects as lived within the limits of your jurisdiction, he made them not your subjects nor you their supream authority." Had the magistrates been wiser men, less homebred and provincial, and possessed of wider vision, they would have foreseen the dangers that confronted them. But Bellingham and Leverett, the leading representatives of the policy of no surrender, were not men gifted with foresight, and they remained unmoved by the last threat of the commissioners that it would be hazardous to deny the King's supremacy, for "'tis possible that the charter which you so much idolize may be forfeited."

The magistrates were undoubtedly influenced by the character of the commissioners and their rough and ready methods of procedure. Had all been as honorable and upright as Nicolls, who unfortunately took but little part in the negotiations, the outcome might have been different. But there is reason to think otherwise. The Massachusetts leaders took the ground that if they yielded any part they must eventually yield all, and they wanted no interference from outside in their government. Having ruled themselves for thirty years as they thought best, they were not disposed to admit that the King had any rights in the colony; and they believed that by steady resistance or by dilatory practices they could stave off intervention and that, with the danger once removed, the colony would be allowed to continue in its own course. In a measure they were justified in their belief. The King recalled the commissioners, and, though he wrote a letter declaring that Massachusetts had shown a great want of duty and respect for the royal authority, he went no further than to command the colony to send agents to England to answer there the questions that had not been settled during the stay of the commissioners at Boston. But the colony did not take this command seriously and sent no agents. Nicolls, always temperate in speech, wrote in 1666: "The grandees of Boston are too proud to be dealt with, saying that His Majesty is well satisfied with their loyalty."

The "grandees" were playing a shrewd but none too wise a game. Affairs in England were not favorable to the pursuit of a rigorous policy at this time. The Dutch war, the fire and epidemic in London, and the consequent suspension of all outside activities, had thrown governmental business into disorder and confusion. Clarendon, whose influence was waning, was soon to lose his post as Chancellor. The negotiations which ended in the treaty of Breda, and the threatening policy of Louis XIV, now beginning to take a form ominous to the Protestant states of Europe, distracted men's minds at home, and the Massachusetts problem was for the moment lost sight of in the presence of the larger issues. The colony returned to its former position of independence and soon reasserted its former authority over New Hampshire and Maine. To all appearances the failure of the royal commissioners was complete, but appearances were deceptive. The issue lay not merely between a Stuart King and a colony seeking to preserve its liberties; it was part of the larger and more fundamental issue of the place of a colony in England's newly developed policy of colonial subordination and control. Neither was Massachusetts a persecuted democracy. No modern democratic state would ever vest such powers in the hands of its magistrates and clergy, nor would any modern people accept such oppressive and unjust legislation as characterized these early New England communities. In any case, the contemptuous attitude of Massachusetts and her disregard of the royal commands were not forgotten; and when, a few years later, the authorities in England took up in earnest the enforcement of the new colonial policy as defined by acts of Parliament and royal orders and proclamations, the colony of Massachusetts Bay was the first to feel the weight of the royal displeasure.