Page:History of the United States of America, Spencer, v1.djvu/119

 met, to choose a president, and the determination of any six was to be binding on all. "These commissioners had power to hear, examine, weigh, and determine, all affairs of war or peace, leagues, aids, charges, and number of men for war, divisions of spoils, and whatsoever is gotten by conquest, receiving of more confederates for plantations into combination with any of the confederates, and all things of a like nature, which are the proper concomitants and consequences of such a confederation for amity, offence and defence, not intermeddling with the government of any of the jurisdictions, which, by the third article, is preserved entirely to themselves. The expenses of all just wars to be borne by each colony, in proportion to its number of male inhabitants, of whatever quality or condition, between the ages of sixteen and sixty. In case any colony should be suddenly invaded, on motion and request of three magistrates of such colony, the other confederates ware immediately to send aid to the colony invaded, in men, Massachusetts one hundred, and the other colonies forty-five each, or for a less number, in the same proportion. The commissioners, however, were very properly directed, afterwards, to take into consideration the cause of such war or invasion, and if it should appear that the fault was in the colony invaded, such colony was not only to make satisfaction to the invaders, but to bear all the expenses of the war. The commissioners were also authorized to frame and establish agreements and orders in general cases of a civil nature, wherein all the plantations were interested, for preserving peace among themselves, and preventing, as much as may be, all occasions of war, or difference with others, as about the free and speedy passage of justice, in every jurisdiction, to all the confederates equally as to their own, receiving those that remove from one plantation to another, without due certificates. It was also very wisely provided in the articles, that runaway servants, and fugitives from justice, should be returned lo the colonies where they belonged, or from which they had fled. If any of the confederates should violate any of the articles, or in any way injure any one of the other colonies, such breach of agreement, or injury, was to be considered and ordered by the commissioners of the other colonies."—Pitkin's "Political History," vol. i. p 51. This confederacy, which was declared to be perpetual, continued essentially the same until the time when James II. deprived the New England colonies of their charters.

In this connection, the language of Chalmers deserves to be quoted: "The principles upon which this famous association was formed were altogether those of independency, and it cannot easily be supported upon any other. The colonies of Connecticut and New Haven had at that time enjoyed no charter, and derived their title to their soil from mere occupancy, and their powers of government from voluntary agreement. New Plymouth had acquired a right to their lands from a grant of a company in England, which conferred, however, no jurisdiction. And no other authority, with regard to the making of peace, or war, or leagues, did the charter of Massachusetts convey, than that of defending itself, by force of arms, against all invaders. But, if no patent legalized the confederacy, neither was it confirmed by the approbation of the governing powers in England. Their consent was never applied for, and was never given. The various colonies, of which that celebrated league was composed, being perfectly independent of one another, and having no other connection than as subjects of the same crown, and as territories of the same state, might, with equal propriety and consistency, have entered into a similar compact with alien colonies or a foreign nation. They did make treaties with the neighboring plantations of the French and Dutch; and in this light was their conduct seen in England, and at a subsequent period did not fail to attract the attention of Charles II."