Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/458

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444 ///. THE COLONIAL PERIOD swer is a masterpiece of firmness and politeness and, although in the name of the Governor and Company, was undoubtedly written by Saltonstall. ^ He commends the justice and honor of the ministry in thus referring the question to the corpora- tion, a method wise and just, possessing not the least appear- ance of force and terror. He contrasts it with previous methods unreconcilable with common rights, law and custom, of which the colonies had had full experience. This spirit of fairness he attributes to the existing King and Ministry, who, though unlimited and subject to none, yet observed the limits of wisdom and justice, and were tender of what others should enjoy as well as of their own prerogative; who did not make use of their power to terrify the colony out of its rights and property, but gave it leave to speak for itself. After these quieting words, the Governor and Company regret that they cannot choose that resignation of their rights which the King and Ministry think might be best for them, and conclude this portion of the letter with the follow- ing instructions to the agent : " You are therefore hereby directed in plainest terms to acquaint their Lordship that we can't think it our interest to resign our charter. But on the contrary, as we are assured, that we have never by any act of disobedience to the Crown made any forfeiture of the privileges we hold by it, So we shall endeavor to make it manifest and defend our right whenever it shall be called in question." The limits of this paper will not allow a further discussion of the attitude of the home government toward the Colony. It is, however, fundamentally important that we should ap- preciate the relations which had previously existed, and the one-sided character of the Information which the Board of Trade, the Privy Council and even Parliament Itself received. The mere titles of the papers containing charges against the proprietary and charter governments cover twenty-one pages of an entry book. Regarding Connecticut there Is al- most nothing to relieve the unfavorable Impression received

  • " Letter from the Governor and Company of Connecticut relating

to the surrender of their charter to the Crown by G. Saltonstall to Mr. Jer: Dummer, their agent, dated Oct. 28th, 1723, from N. Haven." B. T, Papers, Proprieties, R. 49.