Outlines of the constitutional history of the United States

Preface

This work is designed to be a beginning book for students, or general readers, who desire to learn something of the character and history of the Constitution of the United States. It is an elementary account of government in the United States. It gives a brief statement of the main facts of our constitutional history ; but it does not profess to be a " constitutional history " in the full meaning of the term.

For the general reader or for high-school use it probably covers sufficient ground. For the college student it attempts simply to point the way to extended study by a brief but connected review of the main facts, showing what is of chief importance for further study, and embracing those political documents which every student of our history must thoroughly understand.

The plan of the work is : —

I- — A simple account of the forms of government which existed before the Revolution. The discussion of each subject is followed by a chart which embraces the substance of the text in a tabulated form. This is intended to enable the reader to classify and correct his impressions, and to give the student a basis for further study.

II.— An explanation of the reason for the nature of the different clauses of the Constitution.

VIU PRE FA CE.

III. — A brief review of the principal events of our political history. In this part, the historical grouping is in harmony with the principles which controlled the government. Federal Supremacy covers the period of 1789-1801. Republican Supremacy deals with 1801-1825, Federal- Republicanism is 1825-1829. Modern-Democracy is 1829-1861. The War and its Consequences is 1861-1881.

A number of political documents are incorporated in the body of the work. They are arranged in this manner in order that they may have their chronological place and meet the eye in their historical position.

I make no claim to present new facts. My aim is to present the fundamental facts of our constitutional history in a manner that will make them clear to those who look upon them for the first time.

L. H. P.

East Orange, N. J. March,. 1883.

Chapter I

Colonial Government. — Charters of Virginia, Maryland and Connecticut.

CHAPTER n.

Tendency to Union. — New England Confederation. Convention of 1754. — Convention of 1765. — Declaration of Rights. — Declaration of Independence. — Articles of Confederation. — Annapolis Convention. — Ordinance of 1787 36

CHAPTER HI.

Formation of the Constitution. — Constitutional Convention. — Adoption of Constitution. — Text of Constitution. 70

PART II. The Constitution in Detail, with an Explanation OF EACH Clause 95

X CONTENTS.

Part III. Chapter I

The New Government. — Review of the period between the Revolution and the Inauguration of the Constitution 177

CHAPTER n.

Federal Supremacy. — The Administrations of Washington and Adams. — Washington's Farewell Address. — Kentucky Resolutions. — Virginia Resolutions. . .184

CHAPTER HI.

Republican Supremacy. — The Administrations of Jefferson, Madison and Monroe. — Resolutions of Hartford Convention. 222 ^ 'V

CHAPTER IV.

Federal-Republicanism. — The Administration of John

Quincy Adams 245

CHAPTER V.

Modern Democracy. — The Administrations of Jackson, Van Buren, Harrison, Tyler, Polk, Taylor, Fillmore, Pierce, and Buchanan. .... 249

CHAPTER VI.

The War and its Consequences.— The Administrations of Lincoln, Johnson, Grant, Hayes, Garfield and Arthur.— General Review 274

CONTENTS. XI

Appendix

I. Presidents of the Continental Congress and of the

Congress of the Confederation. . . .281

II. Presidents and Vice-Presidents of the United States 281

III. Chief-Justices of the Supreme Court. , . 282

IV. Speakers of the House of Representatives, . . 283 V. Cabinets of the Presidents 284

VI. Dates of Admission of the States. . . . .291

VII. Votes in Presidential Elections. .... 292

I

ORIGIN OF THE CONSTITUTION.

OUTLINES OF

CONSTITUTIONAL HISTORY.

CHAPTER I.

COLONIAL GOVERNMENT.

The thirteen American colonies, which revolted from Great Britain in 1776, were settled, chiefly by the English, in the seventeenth and eighteenth centuries. All the colonies received, at their organization, forms of constitutional government, similar to those which had been enjoyed in England. Their rights were specified in charters which declared that the colonists possessed the same privileges as if resident in England. From the start the settlers felt that they were English subjects. Their charters granted them equal rights with their countrymen at home. They were heartily loyal to England, and did not waver in their attachment until the provisions of their charters were violated by the crown. The colonial governments were composed of a governor, a council, and a general assembly. In all the colonies they were of the same nature though somewhat different in form. Their naticre was constitutional. Their forms differed according to the circumstances of their settlement, and were Provincial, Proprietary and Charter.

At the Revolution the provincial form of colonial government existed in seven colonies. By it, the King appointed the governor, deputy-governor and council for the province. The governor possessed broad powers.

2 COLONIAL GOVERNMENT. [The First

He had charge of the courts and military, and convened the assembly or lower house of the legislature. His council constituted the upper house.

Proprietary government existed in three colonies. It corresponded to the provincial, with this difference : — The person, or proprietor, to whom the colony had been granted, exercised the powers which the King himself exercised in provincial governments.

Charter governments existed in three colonies. To these colonies the King had granted charters which gave them, substantially, the right of local self-government. The governor, council and assembly were, generally, chosen by the people themselves.

The first charter given to an American colony was received by Virginia in 1606. It located the first colony between the thirty-fourth and forty-first degrees of latitude, and the second colony between the thirty-eighth and forty-fifth degrees. It gave them exclusive control of the adjacent land and islands ; it provided for a council of thirteen for their government and another council of thirteen in England, the latter to have the " superior managing " of the government. It further provided for their defense and for a due proportion of all precious metals to be paid to the King. It also declared that " all and every the persons being our subjects which shall dwell and inhabit within every or any of the said several colonies and plantations and every of their children which shall happen to be born within any of the limits and precincts of the said several colonies and plantations shall have and enjoy all liberties, franchises and immunities within any of our other dominions, to all intents and purposes as if they had been abiding and born within this our realm of England." This provision kept the colonists on the same footing they had enjoyed in England. All their rights were preserved to them.

" Instructions for the government of Virginia " were

Charter.] VIRGINIA CHARTER. 3

issued the same year, appointing a council authorized to nominate local councils. These local councils were to see that the service of the church of England was established and used. Certain offenses were made capital ; others were to be punished at the discretion of the councils. " For five years the trade and industry of the colonists were to remain a common stock."

Virginia was a royal or provincial colony. Its charter, therefore, serves as an example of the charters of the royal colonies. The text of the first charter is as follows :

King James I's Letters Patent to Sir Thomas Gates, Sir George Somers, and others, for two several colonies and plantations, to be made in Virginia, and other parts and territories of America. Dated, April 10, 1606. James, by the Grace of God, King of England, Scotland France and Ireland, Defender of the Faith, etc. Whereas, our loving and well-disposed Subjects, Sir Thomas Gates, and Sir George Somers, Knights, Richard Hackluit, Clerk, Prebendary of Westminster and Edward-Maria Wingfield, Thomas Hanham, and Ralegh Gilbert, Esqrs., William Parker, and George Popham, Gentlemen, and divers others of our loving Subjects, have been humble suitors unto us, that We would vouchsafe unto them our Licence, to make Habitation, Plantation, and to deduce a colony of sundry of our People into that part of America commonly called Virginia, and other parts and Territories in America, either appertaining unto us, or which are not actually possessed by any Christian Prince or People, situate, lying, and being all along the Sea Coasts, between four and thirty Degrees of Northerly Latitude from the Equinoctial Line, and five and forty Degrees of the same Latitude, and in the main Land, between the same four and thirty and five and forty Degrees, and the Islands thereunto adjacent, or within one hundred miles of the Coast thereof ;

And to that End, and for the more speedy accomplishment of their said intended Plantation and Habitation there, are desirous to divide themselves into two several Colonies and Companies ; the one consisting of certain Knights, Gentlemen, Merchants, and other Adventurers, of our City of London and elsewhere, which are, and from time to tim.e shall be, joined unto them, which do desire to begin their Plantation and Habitation in some fit and convenient Place, between four and thirty and one and forty Degrees of the said Latitude, alongst the Coasts of Virgin-

i;i, .mil iIk! Co.'iHts of Aiiicric.i, .iforcs.iid : And llic olhcr ( onsislinj; <»( siiiulry Kni^^lUs, ( icnllcincii, IVlcicli.iiils, .uul oilier Advciiliini:,, (if our ('ilics of Hiislol .md Ivxclcr, aiid of our Town of riiniiiiilli, ;ind of ollnr Thiccs, wliicli do join ihcnisclvcs unlo lli.il lOlon). wliii li <!<) desire to bejdn llieir i'l.inl.ilion ;uid ll.d)il;ilion in some hi ,ind ronvenienl I'Lnc, helvveen eil^rjii ;iiid lliirly l)ej,;ree.s and live and forty Deiirees of llu: said Lalilude, all alon).;sf llu! said Coasis of Virj;ini;i and Ainericn, as that Coast lyetli : We, ^really coininendinj^s and ],T.'icioiisIy ;iecei)linj^ of, their di-sires for the J''urlhera,n(t: of so noble a Woi'K, vvliieh may, l>y llie I'lovidcncc of Almij^dUy Ciod, hereafter tend to the (iloiy of his I )ivin(! Majesty, in propaj^'alin^^ of Christian Keli).;ion to su< h rcople, as yet live in Daikness and iiiJMiaMe Ignorance of the true knovvled)^^' ;uid Woi'ship of (i.)d. and may in time hrinj^' the Inlidels and Sa.va.j,a-s, livin;,^ in tho;.<' parts, to hnm.in C'ivility, and to a, sellh'd .'ind ({uict (lovernment; Uo, by these our l-etlers Patents, graciously accept of, and .'i^rec* to, their humbli" and well-intended Desires;

And do therefoie. foi' Us, our Heirs and Successors, (jKANT and a^ree, that the said Sir Thomas (laU-s, Sir (ieorj^c Sonu;rs, Richard llackluit, and I'.dw.ndMariii Winj^dield, Adventurers of and for (Mir Cily of I .ondiiii, .md all such others, as are, or sh.dl be, joined unlo them <>l ih.il Colony, shall be calli-d the I' II', I Colony; And llu-y shall and ni.iy bej^dn their said first rianlation and ll.ibitalion, at any PI. ice upon the said Coast of Virj^ini.i or /\meiii-.i, wlu-ic lh(\ sh.dl ihiiik lit and convenient, between the s.iid fom .md lhiil\ .md one .md fortv Decrees of (he said Latitude; ,\ml ih.il lh(\ sh.dl li.i\<- .ill the L.inds, Woods, Soil, Cii'ounds, llavens, Ports, Kivers, Mines. Miner.ds, Marshes, Waters, l-'ishinj^s, Conunodities, .md I Icreilil.iments, whatsoever, from the said I'lrsl Seat of their I i.mi.iiioii .md ll.ibitation by the space of fifty miles of ICninlish .Statule Measure, all alon^;' ihV said Co.ist of Virj^inia and America, towards tlu* West .and Southwest, as llie ( O.ist lyeth, with all the Isl.mds wilhin one hundred miles diicilly over .against th(> same Se;i Coast ; And .ilso .ill ihe I ..inds. Soil, (Irounds, llavens, I'orts, Kivers, Mini's, Miner. lis. Woods, Waters, Marshes, I''ishin^''s, Commodities, and lleredilaiuents, whatsoever, from the said Place of their lirst Pl.mtation and Habitation for the space; of fifty like l'ai'.;lish miles, all aloni'st ihc said coasts of Virj^ini.i and America, towards the f'.ist and Northeast, or towards the North, as the ('oast lyeth. lo);ether with .ill the Isl.mds within one hundred miles, directly over a^'.iinsl the s.iid ,Sea. Coast ; Ami also all the L.inds. Woods, Soil, (irounds. llavens. Ports, Kivers, Mines. Miner.ds, Marshes, Waters, l'"ishinj;s. Commodities, and llci-edilaments, whatsoever, from (he same fifty miles every way on the Sea Coast, directly into tlu- m.iin l.imj ovi (></>] JJ)(!ATI()/V OP cor.oMY. 5

l;i)if| hy the space of orx; liiindrcfl like Kn^^lish miles; Atirl sfiall ;in(l iii.'iy iiih;i.hil .'ind rcin.iin there; and shall and may also build .'ind fortify within .'iny u\ the same, for Ihe-ir better Safe- ^u.'irfl .'ind l)ef(;iK;e, ,'i.c(;orflin;( to tlu;ir best Discretion, and the J^iscreti(;n of the Council of that Ccjiony ; And that no (;ther of our Subjects shall Ik- j)eririitt(rd, or suffered, to plant or inhabit behind, or on the Jiackside of them, towards the main Land, withont ilic I'^xpress License or Consent of th(; Council of that Cf^lony, thereunto in Writing first had and obtaiiu-d.

And we do likewise, for (is, our Heirs and Successors, by these lYesents, CkaN'J' and ,'i^ree, that the sairl 'J'homas I Ianham, and Kalcjr}) r.ilbert, William I'arker, and (^eorge I'opham, and all oiIkts of the Town of I'limouth in the County of Hevon, or elsewhere, which are, or shall be, joined hdIo them (;f that Colony, shall be called the second Colony ; And that th('y shall and may bcj^in their said J^antation and Seat of their first Abode and Habitation, at any JMace ujjon the said Coast of Virginia anfl Ainerica, where they shall think fit and convenient, between ei^^ht and thirty D(;j^rees of the sairl Latitude, and five and forty De^r(;es of the same Latitude; And that they shall have all the Lanrls, Soils, (irounds, Havens, l'(;rts, Rivers, Mines, Minerals, Woods, Marshes, Waters, Fishing's, Commodities, and Hereditaments, whatsoever, from the first seat of their Llantation and Habitation by the Space of fifty like Ln^lish im'l(;s, as is aforesaid, all alongst the said Coasts fjf Virginia, and America., towards the West anrl Southwest, or towards tlu; Sf)uth,as the Coast Iyeth,anfl all the Islands within (jne hiiiidiefl miles, directly over against the said Sea Coast ; And also all the Lands, Soils, Crounds, Havens, Ports, Rivers, Mines, Mirif-rals, Woods, Marshes, Waters, Fishin;^s, ComirKKlities, anrl H(;reditaments, vvhatsoev(;r, frrnn the said Llace of their first Plantation and Habitation for the Space of fifty like mil<;s, all alongst the said Coast (jf Virj^inia and America, towards the East and Northeast, or towarrls the North, as the Coast lyeth, and all the Islands also within one hundred miles directly over against th(; same Sea Coast ; And also all the Lands, Soils, (irounds, IIav(;ns, Ports, Rivers, Woods, Mines, Min(;rals, Marshes, Waters, Fishings, Commodities, anfl W-.xeditaments, whatsoever, from the same fifty miles ev(;ry way on the Sea Coast, directly into the main Land, by the Si)ace of one hundred like lOnglish miles ; And shall and may inhabit and ntmain there; and shall and may also build and fortify within a,ny th(; same for their better Safeguard, according to their best Discretion, and the Discretion of the Council of that Colony ; And that none of our Subjects shall be permitted, or suffered, to plant or inhabit behind, or on the back of ti;

them, towards the main Land, without express Licence of

[Charter the Council of that Colony, in Writing thereunto first hnrl and obtained.

Provided always, and our Will and Pleasure herein is, that the Plantation and Habitation of such of the said Colonies, as shall last plant themselves, as aforesaid, shall net l)e made within one hundred like English Miles of the other of them, that first began to make their Plantation, as aforesaid.

And we do also ordain, establish, and agree, for Us, our Pleirs, and Successors, that each of the said Colonies shall have a Council, which shall govern and order all Matters and Causes, which shall arise, grow or happen, to or within the same several Colonies, according to such Laws, Ordinances, and Instructions, as shall be, in that behalf, given and signed with Our Pland or Sign Manual, and pass under the Privy Seal of our Realm of England ; Each of which Councils shall consist of thirteen Persons, to be ordained, made, and removed, from time to time, according as shall be directed and comprised in the same Instructions ; And shall have a several Seal, for all Matters that shall pass or concern the same several Councils ; Each of which Seals, shall have the King's Arms engraven on the one Side thereof, and his Portraiture on the other; And that the Seal for the Council of the said first Colony shall have engraven round about, on the one Side, these Words ; Sigillwii Regis Magna' Britaiiicc, FranciiV, ct Hibernicc ; and on the other Side this Inscription round about ; Pro Concilia prima Colonia Virginia. And the Seal for the Council of the said second Colony shall also have engraven, round about the one Side thereof, the aforesaid Words ; Sigilhtni Regis Magna Britannia, I'^ancia, et Hibernia ; and on the other Side ; Pro Concilio sccunda Colonia Virginia :

And that also there shall be a Council established here in England, which shall, in like Manner, consist of thirteen Persons, to be, for that Purpose, appointed by Us, our Heirs and Successors, which shall be called our Council of Virginia ; And shall, from time to time, have the superior Managing and Direction, only of and for all Matters that shall or may concern the Govenunent, as well of the said several Colonies, as of and for any other Part or place, within the aforesaid Precincts of four and thirty and five and forty Degrees above-mentioned ; Which Council shall, in like manner, have a Seal, for Matters concerning the Council or Colonies, with the like Arms and Portraiture, as aforesaid, with this Inscription, engraven round about on the one Side ; Sigilh.'/n Regis Magna Britannia, pyancia, et Hibernia ; and round about on the other Side, J^ro Concilio siio Virgi?tia.

And moreover, we do Grant and agree, for us, our Heirs and Successors, that the said several Councils of and for the said

OF 1606. J DEFENSE OF COLONY. 7

several Colonies, shall and lawfully may, by Virtue hereof, from time to time, without any Interruption of Us, our Heirs or Successors, give and take Order, to dig, mine, and search for all Manner of Mines of Gold, Silver, and Copper, as well within any Part of their said several Colonies, as of the said main Lands, on the Backside of the same Colonies ; And to Have and enjoy the Gold, Silver, and Copper, to be gotten thereof, to the Use and Behoof of the same Colonies, and the Plantations thereof ; Yeilding therefore to Us, our Pleirs and Successors, the fifth Part only of all the same Gold and Silver, and the fifteenth Part of all the same Copper, so to be gotten or had, as is aforesaid, without any other Manner of Profit or Account, to be given or yeilded to Us, our Heirs, or Successors, for or in Respect of the same :

And that they shall, or lawfully may, establish and cause to be made a Coin, to pass current there between the people of those several Colonies, for the more Ease of Traffic and Bargaining between and amongst them and the Natives there, of such Metal, and in such Manner and Form, as the said several Councils there shall limit and appoint.

And we do likewise, for Us, our Heirs, and Successors, by these Presents, give full Power and Authority to the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward- Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham and to every of them, and to the said several Companies, Plantations, and Colonies, that they, and every of them, shall and may, at all and every time and times hereafter, have, take, and lead in the said Voyage, and for and towards the said several Plantations, and Colonies, and to travel thitherward, and to abide and inhabit there, in every the said Colonies and Plantations, such and so many of our Subjects, as shall willingly accompany them or any of them, in the said Voyages and Plantations ; With sufficient Shipping, and Furniture of Armour, Weapons, Ordinance, Powder, Victual, and all other things, necessary for the said Plantations, and for their Use and Defence there : Provided always, that none of the said Persons be such, as shall hereafter be specially restrained by Us, our Heirs, or Successors.

Moreover, we do, by these Presents, for Us, our Heirs, and Successors, Give and Grant Licence unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edward-Maria Wingfield, Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and to every of the said Colonies, that they, and every of them, shall and may, from time to time, and at all times forever hereafter, for their several Defences, encounter, expulse, repel, and resist, as well by Sea as by Land, by all Ways and Means whatsoever, all and every such Person or Persons, as without the especial Licence of the said several Colonies and Plantations, shall attempt to inhabit within the said several Precincts and Limits of the said several Colonies and Plantations, or any of them, or that shall enterprise or attempt, at any time hereafter, the Hurt, Detriment, or Annoyance, of the said several Colonies or Plantations.

Giving and Granting, by these Presents, unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Edv/ard- Maria Wingfield, and their Associates of the said first Colony, and unto the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony, and to every of them, from time to time, and at all times hereafter, Power and Authority to take and surprise, by all Ways and Means whatsoever, all and every Person and Persons, with their Ships, Vessels, Goods, and other Furniture, which shall be found traflicing into any Harbour, Harbours, Creek or Creeks, or Place, within the Limits or Precincts of the said several Colonies and Plantations, not being of the same Colony, until such time, as they, being of any Realms or Dominions under our Obedience, shall pay, or agree to pay, to the Hands of the Treasurer of that Colony, within whose Limits and Precincts they shall so traffic, two and a half upon every Hundred, of any thing, so by them trafficed, bought or sold ; And being Strangers, and not Subjects under our Obeysance, until they shall pay five upon every Hundred, of such Wares and Merchandise, as they shall traffic, buy, or sell, within the Precincts of the said several Colonies, wherein they shall so traffic, buy, or sell as aforesaid ; Which Sums of Money, or Benefit, as aforesaid, for and during the Space of one and twenty Years, next ensuing the Date thereof, shall be wholly employed to the Use, Benefit, and Behoof of the said several Plantations, where such traffic shall be made ; And after the said one and twenty years ended, the same shall be taken to the LTse of Us, our Heirs, and Successors, by such Officers and Ministers, as by Us, our Heirs, and Successors, shall be thereunto assigned or appointed.

And we do further, by these Presents, for Us, our Heirs and Successors, Give and Grant unto the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, and Edward-Maria Wing^- field, and to their Associates of the said first Colony and Plantation, and to the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and their Associates of the said second Colony and Plantation, that they, and every of them, by their Deputies, Ministers, and Factors, may transport the Goods, Chattels, Armour, Munition, and Furniture, needful to be used by them, for their said Apparel, Food, Defence, or otherwise in Respect of the said Plantations, out of our Realms of England and Ireland, and all other our Dominions, from

OF 1606.] RIGHTS OF THE COLONISTS. 9

time to time, for and during the Time of seven Years, next ensuing the Date hereof, for the better relief of the said several Colonies and Plantations, without any Customs, Subsidy, or other Duty, unto Us, our Heirs, or Successors, to be yielded or paid for the same.

Also we do, for Us, our Heirs, and Successors, Declare, by these Presents, that all and every the Persons being our Subjects, which shall dwell and inhabit within every or any of the said several Colonies and Plantations, and every of their Children, which shall happen to be born within any of the Limits and Precincts of the said several Colonies and Plantations, shall Have and enjoy all Liberties, Franchises, and Immunities, within any of our other Dominions, to all Intents and Purposes, as if they had been abiding and born, within this our realm of England, or any other of our said Dominions.

Moreover, our gracious Will and Pleasure is, and we do, by these Presents, for Us, our Heirs, and Successors, declare and set forth, that if any Person or Persons, which shall be of any of the said Colonies and Plantations, or any other, ^which shall traffic to the said Colonies and Plantations, or any of them, shall, at any time or times hereafter, transport any Wares, Merchandise, or Commodities, out of any of our Dominions, with a Pretence to land, sell, or otherwise dispose of the same, within any the Limits and Precincts of any of the said Colonies and Plantations, and yet nevertheless, being at Sea, or after he hath landed the same within any of the said Colonies and Plantations, shall carry the same into any other foreign Country, with a Purpose there to sell or dispose of the same, without the Licence of Us, our Heirs, and Successors, in that Behalf first had and obtained ; that then, all the Goods and Chattels of such Person or Persons, so offending and transporting, together with the said Ship or Vessel, wherein such Transportation was made, shall be forfeited to Us, our Heirs, and Successors.

Provided always, and our Will and Pleasure is, and we do hereby declare to all Christian Kings, Princes, and States, that if any Person or Persons which shall hereafter be of any of the said several Colonies and Plantations, or any other, by his, their, or any of their Licence and Appointment, shall, at any Time or Times hereafter, rob or spoil, by Sea or Land, or do any Act of unjust and unlawful Hostility to any the Subjects of Us, our Heirs, or Successors, or any the Subjects of any King, Prince, Ruler, Governor, or State, being then in League or Amity with Us, our Heirs, or Successors, and that upon such Injury, or upon just Complaint of such Prince, Ruler, Governor, or State, or their Subjects, We, our Heirs, or Successors, shall make open Proclamation, within any of the Ports of our Realm of England, commodious for that purpose. That the said Person or lo COLONIAL GOVERNMENT. [Charter

Persons, having committed any such Robbery, or Spoil, shall, within the term to be limited by such Proclamations, make full Restitution or Satisfaction of all such Injuries done, so as the said Princes, or others so complaining, may hold themselves fully satisfied and contented ; And, that if the said Person or Persons, having committed such Robbery or Spoil, shall not make, or cause to be made, Satisfaction accordingly, within such Time so to be limited, That then it shall be lawful to Us, our Heirs, and Successors, to put the said Person or Persons, having committed such Robbery or Spoil, and their Procurers, Abettors, and Comforters, out of our Allegiance and Protection ; And that it shall be lawful and free, for all Princes, and others to pursue with hostility the said offenders, and every of them, and their and every of their Procurers, Aiders, abettors, and comforters in that behalf.

And hnally, We do for Us, our Heirs, and Successors, Grant and agree, to and with the said Sir Thomas Gates, Sir George Somers, Richard Hackluit, Ed ward- Maria Wingfield, and all others of tlje said first colony, that We, our Heirs and Successors, upon Petition in that Behalf to be made, shall, by Letters Patents under the Great Seal of England, Give and Grant, unto such Persons, their Heirs and Assigns, as the Council of that Colony, or the most part of them, shall, for that Purpose, nominate and assign all the Lands, Tenements, and Hereditaments, which shall l)e within the Precincts limited for that Colony, as is aforesaid, To be Holden of Us, our Heirs, and Successors, as of our Manor of East Greenwich, in the County of Kent, in free and common Soccage only, and not in Capite :

And do in like manner, Grant and Agree, for Us, our Heirs, and Successors, to and with the said Thomas Hanham, Ralegh Gilbert, William Parker, and George Popham, and all others of the said second Colony, That We, our Heirs, and Successors, upon Petition in that Behalf to be made, shall, by Letters Patent, under the Great Seal of England, Give and Grant, unto such Persons, their Heirs and Assigns, as the Council of that Colony, or the most Part of them, shall for that Purpose nominate and assign, all the Lands, Tenements, or Hereditaments, which shall be within the Precincts limited for that Colony, as is aforesaid. To be holden of Us, our Heirs, and Successors, as of our Manor of East Greenwich, in the County of Kent, in free and common Soccage only, and not in Capite.

All which Lands, Tenements, and Hereditaments, so to be passed by the said several Letters Patent, shall be sufficient Assurance from the said Patentees, so distributed and divided amongst the Undertakers for the Plantation of the said several Colonies, and such as shall make their plantations in eithc-r of th?

OF 1606.] SECOND AND THIRD CHARTERS. ii