During the peace, the republican spirit of the colo nies in New England showed itself in disputes and quar rels with their governors : and these disputes were in creased by the arbitrary manner in which the governors enforced the orders of the crown. In most instances, however, the colonies had the advantage : knowing what was due to them as the subjects of England, they de termined not to sacrifice any of their rights to the en joyment of a temporary repose. They had the money of the country in their possession, and, as had been done in Europe, they might withhold the supplies of all kinds, till their object was gained.
In the year 1703, lord Cornbury was appointed gov ernor of New York. Needy, profligate, and tyrannical, he scrupled not to convert to his private use the money which had been raised for the protection of the settle ment ; and refused to give an account of his disburse ments. The legislature took the alarm. They nomi nated a treasurer of their own ; and put the money, des tined for the service of the public, into his hands. This was far from being acceptable to the governor ; but he found himself obliged to comply, and at last declared, that the general assembly were permitted to name the officer who should manage the supplies raised for ex traordinary uses, and forming no part of the standing revenue. Curnbury proceeded in his career of tyranny and extortion, till the queen, informed of his unpopular measures, consented to meal him. Amidst the quar rels which took place during his administration, it was resolved by the assembly of New York, that " the im posing and levying of any monies upon her majesty's subjects of that colony, under any pretence or colour whatsoever, without their consent, in general assembly, is a grievance and a violation of the people's property." But it is likely, that this resolution was meant to apply only to the governor ; and that the legislature did not, at that time, question the right of the sovereign to impose taxes on the colonies without their approbation. It ap pears, however, to have been understood in the other settlements, that the crown had no such right : and this fundamental principle of liberty becoming gradually universal in its operation, at length dismembered the empire, and separated the colonies from the parent state.
Disputes of a similar kind with those of New York prevailed at Massachusetts. The representatives of the people denied, that the governor could refuse to ac knowledge a speaker who was chosen by them ; and persisting in their election of Mr Cooke, they were dis solved, and new writs were issued. The same persons, however, were returned ; and, at the opening of the next session, they remonstrated with Shute, the governor, on the dissolution of the former assembly, and resolved, " that those who advised his excellency in that matter, did not consult his majesty's (George I.) interest, nor the public weal and quiet of the government." They refused to make a present to the Indians of the Penob scot tribe, according to the wishes of the executive ; and when they were desired to reconsider their vote, they would give no more than ten pounds. Though ad
journed to a certain day, they met before the interval had elapsed ; and passed a resolution against the east ern Indians, which was equal to a declaration of war, and which the governor justly considered as an invasion of his privileges. It was therefore negatived by the coun cil. They hesitated about augmenting the salary of the governor, and refused to say what they would allow him in time to conic. They set themselves in opposition to all his schemes. At the beginning of the next session, A. D. 1721, he expressed a wish, that they should take measures in order to prevent the depreciation of the currency ; to punish the authors of factious and sedi tious papers ; to provide a present for the Indians of the Five Nations ; to suppress a trade carried on with the French at Cape Breton, and to enlarge his salary : but they neglected to comply with his inclinations in all these respects. They even appointed a committee of their number, " to vindicate the proceedings of the house from the insinuations made by the governor, of their want of duty and loyalty to his majesty." Nor did their encroachments stop here. They attempted to direct the conduct of the militia in the Indian war: rand thus to deprive the king's representative of a privilege which is always considered as belonging exclusively to royalty. In the mean time, the governor left the settlement, and returned privately to England. Ile reported, that the proceedings of the planters were violent, presumptuous, and inimical to the best interests of the country ; and the points in dispute being examined, with a reference to the charter by which their privileges were conferred, every question was decided against the house. It was determined, that the governor had a right to negative the election of a speaker ; and that the assembly had no power to meet in any interval of adjournment. A char ter, explanatory of the original one, was prepared. and passed the seals ; and it was left to the option of the general court, either to accept or to refuse it ; but thcv were told, that if they refused it, the whole subject of difference between the governor and the house of repre sentatives would instantly be laid before the parliament. The result of a parliamentary investigation was dreaded by the colonists ; as, from the temper of the ministry, no issue, favourable to their interests, could be expected. They even feared, that their ancient charter, the foun dation of all their immunities, and the bulwark of their prosperity, would be withdrawn. The spirit of the as sembly, too, was considerably changed. No longer irri tated by the presence and opposition of the governor, the violence of their passions had subsided; and reason being restored to its place, they perceived that they had acted irregularly and unwisely. In this disposition, the majority agreed to accept the explanatory charter.