FREE BOOKS

Author's List




PREV.   NEXT  
|<   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   >>  
ndros had never interrupted it. An address was sent to the king, asking that the charter be no further interfered with; but operations under it went on as before. No decided action was taken by the home government for some years, except that its appointment of the New York governor, Fletcher, to the command of the Connecticut militia, implied a decision that the Connecticut charter had been superseded. Late in 1693 Fitz-John Winthrop was sent to England as agent to obtain a confirmation of the charter. He secured an emphatic legal opinion from Attorney General Somers, backed by those of Treby and Ward, that the charter was entirely valid, Treby's concurrent opinion taking this shape: "I am of the same opinion, and, as this matter is stated, there is no ground of doubt." The basis of the opinion was that the charter had been granted under the great seal; that it had not been surrendered under the common seal of the colony, nor had any judgment of record been entered against it; that its operation had merely been interfered with by overpowering force; that the charter therefore remained valid; and that the peaceable submission of the colony to Andros was merely an illegal suspension of lawful authority. In other words, the passive attitude of the colonial government had disarmed Andros so far as to stop the legal proceedings necessary to forfeit the charter; and then prompt action, at the critical moment, secured all that could be secured under the circumstances. William was willing enough to retain all possible fruits of James's tyranny, as he showed by enforcing the forfeiture of the Massachusetts charter; but the law in this case was too plain, and he ratified the lawyers' opinion in April, 1694. The charter had escaped its enemies at last, and its escape is a monument of one of the advantages of a real democracy. [1] From Johnston's "History of Connecticut." By permission of, and by arrangement with, the authorized publishers, Houghton, Mifflin Co. Copyright, 1887, by Alexander Johnston. THE COLONIZATION OF LOUISIANA (1699) BY CHARLES E.T. GAYARRE[1] On February 27, 1699, Iberville and Bienville reached the Mississippi. When they approached its mouth they were struck with the gloomy magnificence of the sight. As far as the eye could reach, nothing was to be seen but reeds which rose five or six feet above the waters in which they bathed their roots. They waved mournfully under the blas
PREV.   NEXT  
|<   125   126   127   128   129   130   131   132   133   134   135   136   137   138   139   140   141   >>  



Top keywords:
charter
 

opinion

 

secured

 

Connecticut

 

Johnston

 

colony

 
Andros
 
government
 
action
 

interfered


escaped

 

enemies

 

lawyers

 
ratified
 

monument

 

democracy

 

waters

 

History

 

bathed

 

advantages


escape

 

retain

 

William

 

circumstances

 
critical
 

moment

 

mournfully

 

fruits

 
Massachusetts
 

forfeiture


enforcing

 

tyranny

 
showed
 

Iberville

 
Bienville
 

reached

 

February

 

GAYARRE

 
Mississippi
 

struck


gloomy
 
approached
 

CHARLES

 

Copyright

 

Mifflin

 

Houghton

 
magnificence
 

arrangement

 

authorized

 

publishers