y; while the
Northern colony was now called New England.[36:A]
In the charter granted to Sir Thomas Gates and his associates, it was
provided that the colony should have a council of its own, subject to a
superior council in England. The subordinate council was authorized to
search for and dig mines, coin money, carry over adventurers, and repel
intruders. The president and council were authorized to levy duties on
foreign commodities; the colonists were invested with all the rights and
privileges of English subjects, and the lands granted to settlers in
free and common soccage.[36:B]
On the 20th of November, 1606, instructions were given by the crown for
the government of the two colonies, directing that the council in
England should be appointed by the crown; the local council by the
superior one in England; the local one to choose a president annually
from its own body; the Christian religion to be preached; lands to
descend as in England; trial by jury secured in criminal causes; and the
council empowered to determine all civil actions; all produce and goods
imported to be stored in magazines; a clerk and treasurer, or
cape-merchant, to be appointed for the colony. The stockholders, styled
adventurers, were authorized to organize a company for the management of
the business of the colony, and to superintend the proceedings of the
local council. The colonists were enjoined to treat the natives kindly,
and to endeavor by all means to convert them to Christianity.[37:A] Sir
Thomas Smith was appointed treasurer of the company, and the chief
management of their affairs intrusted to him. He was an eminent London
merchant; had been chief of Sir Walter Raleigh's assignees; was about
this time governor of the East India Company, and had been ambassador to
Russia.[37:B]
The frame of government thus provided for the new colony was cumbrous
and complicated, the legislative and administrative powers being so
distributed between the local council, the crown, and the company, as to
involve the danger of delays, uncertainty, conflict, and
irresponsibility. By the words of the charter the colonists were
invested with the rights of Englishmen; yet, as far as political rights
were concerned, there being no security provided by which they could be
vindicated, they might often prove to be of no more real value than the
parchment on which they were written. However, the government of such an
infant colony must, of necessity, have b
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