choice or discretion. And indeed the laws of England, if in the long period of their duration they have had many improvements, so they have grown more tedious, perplexed, and intricate, by the heaping up many abuses in one age, and the attempts to remove them in another. These infant settlements surely demanded a more simple, clear, and determinate legislation, though it were of somewhat an homelier kind; laws suited to the time, to their country, and the nature of their new way of life. Many things still subsist in the law of England, which are built upon causes and reasons that have long ago ceased; many things are in those laws suitable to England only. But the whole weight of this illagreeing mass, which neither we nor our fathers were well able to bear, is laid upon the shoulders of these colonies, by which a spirit of contention is raised, and arms offensive and defensive are supplied to keep up and exercise this spirit, by the intricacy and unsuitableness of the laws to their object. And thus in many of our settlements the lawyers have gathered to themselves the greatest part of the wealth of the country; men of less use in such establishments than in more settled countries, where the number of people naturally sets many apart from the occupations of husbandry, arts, or commerce. Certainly our American brethren might well have carried with them the privileges which make the glory and happiness of Englishmen, without taking them encumbered with all that load of matter, perhaps so useless at home, without doubt so extremely prejudicial in the colonies.

[Edmund Burke], An Account of the European Settlements in America (London, 1760), II, 302–304.

53. The Effect of Royal Instructions (1764)

BY LATE GOVERNOR THOMAS POWNALL

Pownall was the most considerate and liberal of the Massachusetts royal governors (1757-1760), and was later governor of South Carolina. He thought and wrote much on colonial administration. - Bibliography: Palfrey, New England, V, 153-176; Channing and Hart, Guide, § 134. - For earlier principles of English control, see Contemporaries, I, ch. vii.

[PON such review it will appear, under this first general head, in various instances, that the two great points which the Colonists labour to establish, is the exercise of their several rights and privileges,

as founded in the rights of an Englishman; and secondly, as what they suppose to be a necessary measure in a subordinate government, the keeping in their own hands the command of the revenue, and the pay of the officers of government, as a security of their conduct towards them.

Under the first head come all the disputes about the King's instructions, and the governor's power, as founded on them.

The King's commission to his governor, which grants the power of government, and directs the calling of a legislature, and the establishing courts, at the same time that it fixes the governor's power, according to the several powers and directions granted and appointed by the commission and instructions, adds, " and by such further powers, instructions, and authorities, as shall, at any time hereafter, be granted or appointed you, under our signet or sign manual, or by our order in our privy council." It should here seem, that the same power which framed the commission, with this clause in it, could also issue its future orders and instructions in consequence thereof: but the people of the colonies say, that the inhabitants of the colonies are entitled to all the privileges of Englishmen; that they have a right to participate in the legislative power; and that no commands of the crown, by orders in council, instructions, or letters from Secretaries of State, are binding upon them, further than they please to acquiesce under such, and conform their own actions thereto; that they hold this right of legislature, not derived. from the grace and will of the crown, and depending on the commission which continues at the will of the crown; that this right is inherent and essential to the community, as a community of Englishmen and that therefore they must have all the rights, privileges, and full and free exercise of their own will and liberty in making laws, which are necessary to that act of legislation, — uncontrouled by any power of the crown, or of the governor, preventing or suspending that act; and, that the clause in the commission, directing the governor to call together a legislature by his writs, is declarative and not creative; and therefore he is directed to act conformably to a right actually already existing in the people, &c.

When I speak of full uncontrouled independent powers of debate and result, so far as relates to the framing bills and passing them into laws, uncontrouled by any power of the crown or of the governor, as an essential property of a free legislature; I find some persons in the colonies imagine, that I represent the colonies as claiming a power of

legislature independent of the King's or governor's negative. These gentlemen knowing that it is not my intention to do injustice to the colonies, wish me so to explain this matter, that it may not bear even the interpretation of such a charge-I do therefore here desire, that the reader will give his attention to distinguish a full, free, uncontrouled, independent power, in the act of legislation, from a full, free, uncontrouled, independent power, of carrying the results of that legislation into effect, independent either of the Governor's or King's negative. The first right is that which I represent the Colonists claiming, as a right essential to the very existence of the legislature: The second is what is also essential to the nature of a subordinate legislature, and what the Colonists never call in question. That therefore the point here meant to be stated as in debate, is, Whether a subordinate legislature can be instructed, restricted, and controuled, in the very act of legislation? whether the King's instructions or letters from secretaries of state, and such like significations of his Majesty's will and pleasure, is a due and constitutional application of the governors, or of the royal negative? — The Colonists constantly deny it, and ministry, otherwise such instructions would not be given, constantly maintain it. After experience of the confusion and obstruction which this dubitable point hath occasioned to business, it is time surely that it were some way or other determined. I do not here enter into the discussion of this point; I only endeavour fairly to state it, as I think it is a matter which ought to be settled some way or other, and ought no longer to remain in contention, that the several matters which stand in instruction, and in dispute in consequence of it, may be finally placed upon their right grounds; in the doing of which it must come under consideration, how far the crown has or has not a right to direct or restrict the legislature of the colonies, — or if the crown has not this power, what department of government has, and how it ought to be exercised; or whether in fact or deed, the people of the colonies, having every right to the full powers of government, and to a whole legislative power, are under this claim entitled in the powers of legislature and the administration of government, to use and exercise in conformity to the laws of Great Britain, the same, full, free, independent, unrestrained power and legislative will in their several corporations, and under the King's commission and their respective charters, as the government and legislature of Great Britain holds by its constitution, and under the great charter.

Thomas Pownall, The Administration of the Colonies (London, 1765), 39–43.

CHAPTER VIII-THE COLONIAL GOVERNOR

54. A Governor's Plea for Patronage (1732)

BY GOVERNOR WILLIAM COSBY

Cosby was governor of New York and New Jersey from 1731 to 1736. His request is such as all the governors were in the habit of making. Bibliography: Winsor, Narrative and Critical History, V, ch. iii. - On Colonial government in general: Channing and Hart, Guide, §§ 133, 147; Joseph Story, Commentaries, §§ 152–178. My Lord,

I

HAVE ye honour to aquainte your Grace that Mr Smith Secretary of ye Jarsys dyed last Tuesday was seven' this is reckoned one of ye most considerable places belonging to these Provinces, & yett brings inn noe more then 450£ a year, supposeing that the possesor it was to doe ye duty himself, which yo deseasd Gentman never did notwithstanding he had it for above fifteen years, it was executed by two deputies, one for the East division and ye other for West, the Secretary himself generally living at Philadelfia, so that ye place was to him a sinecure. In this way the Deputys gave him suffitient security, that of ye East paid him 80" a year, & that of ye West payd him, 180". a year, which all in sterling money makes about, 170", I have a very good Caracter of the Deputys, therefore have continued them upon ye same footing under my son Billy whom I have named, untill farther orders from your Grace, not doubting but that out of your wanted goodness and indulgent care of us your Grace will further be so kind as to give it to him; besides it will give me a little more power in that Province then I had which I doe assure your Grace is greatly wanting to Governers in these parts, for ye Secretarys and their Deputys think themselves intirely independent of ye Governers and allmost act accordingly which is a very great hindrance to ye King's affairs, (I doe not spake as to myself for I make ye right use of Mr Clarke he is my first minister) espetially at this time, since I am sorry to inform your Grace, that ye example and spirit of the Boston people begins to spread amongst these Colonys In a most prodigious maner, I had more trouble to manige these people then I could have imagined, however for this time I have done pritty well with them; I wish I may come off as well with them of ye Jarsys.

My Lord Augustus is with me, he is of all ye young people that I have seen the most agreeable & unaffected with ye finest notions of honesty and honour backed with a most excelant usefull understanding, and if I mistake not will turn out a very clever man. Grace and the little family joyns in their humble service to your Grace and the Duches, I have sent My Lady Duc[hess] a live beaver, it will eat frute or roots of any kinde, it must be keept near ye round or square ponds

I am My Lord

Your Grace most oblidged

and faithfull servant

W. COSBY

I beg my service to Miss Betty.

E. B. O'Callaghan, editor, Documents relative to the Colonial History of the State of New-York (Albany, 1855), V, 936-937.

55. The Commission and Instructions of a Governor

(1737/8)

BY THE LORDS COMMISSIONERS FOR TRADE AND PLANTATIONS The extracts below are in the general form used in sending out all the governors. In the provincial governments the instructions to call assemblies and constitute courts gave privileges similar to those of the charter colonies. — Bibliography: E. B. Greene, List of Governors' Instructions, in American Historical Review, III, 170.

GE

EORGE the second by the Grace of God, of Great Britain France and Ireland King, Defender of the Faith &c. To Our Trusty and Wellbelov'd Lewis Morris Senior Esq! Greeting. . . . know You that we reposing especial Trust and confidence, in the Prudence Courage and Loyalty of you the said Lewis Morris, of Our especial Grace certain knowledge and meer Motion have thought fit to constitute and appoint & by these presents do constitute & appoint you the said Lewis Morris to be our Captain Gen! & Governor in chief in and over Our Province of Nova Cæsarea or New Jersey viz! the Division of East & West New Jersey in America, which we have thought fitt to re-unite into One Province and settle under one entire Government.

And we do hereby require and command you to do and execute all things in due manner that shall belong unto your said Command and the Trust We have reposed in you, according to the several powers and