the plantations in the word territories, we must suppose it always to mean every other part of the dominions not particularly mentioned in the instrument that uses it, which is a construction that can never be admitted: for, hence it will follow, that those commissions which give the government of a colony, and the territories thereon depending, in America, (and this is the case of every one of them) extend to all the American colonies, and their governors must of consequence have reciprocal superintendencies; and should any commission include the word territories generally, unrestricted to America, by the same construction, the governor therein mentioned, might exercise an authority under it not only in America, but in Africa and the Indies, and even in the kingdom of Ireland, and perhaps, in the absence of the king, in Great Britain itself. Mr. Hobart goes on, and argues against the establishment from the light in which the act of union has, ever since it was passed, been considered.

Dr. Bisse, bishop of Hereford, (says he) a member of the society, preached the annual sermon, February 21st, 1717, ten years after the act of union took place; and he says, it would have well become the wisdom wherewith that great work (the reformation or establishment of the church of England,) was conducted in this kingdom, that this foreign enterprise, (the settlement of plantations in America,) also should have been carried on by the government in the like regular way. But he owns the government at home did not interpose in the case, or establish any form of religion for us. In truth (says his lordship) the whole was left to the wisdom of the first proprietors, and to the conduct of every private man. He observes, that of late years the civil interest hath been regarded, and the dependance of the colonies, on the imperial crown of the realm, secured: but then, with regard to the religion of the plantations, his lordship acknowledges that the government itself here, at home, sovereign as it is, and invested doubtless with sufficient authority there, hath not thought fit to interpose in this matter, otherwise than in this charitable way: it hath enabled us to ask the benevolence of all good christians towards the support of missionaries to be sent among them. Thus bishop Bisse thought as I do, and that the act of. union nor any other law prior thereto, did extend the establishment to the plantations; and if the society had not been of the same opinion, they would hardly have printed and dispersed his sermon. Neither did the civil rulers of the nation, who may justly be supposed acquainted with its

laws, think the act of union, or any other law, established the church of England in America. This is plain from the letter of the lords justices to governor Dummer, in the year 1725, almost twenty years after the union, wherein they say, there is no regular establishment of any national or provincial church in these plantations.

"If it be urged, that the king's commission to the late bishop of London, proves an ecclesiastical establishment here, it is sufficient to answer, that his lordship was remarkable for skill in the laws, so far as they relate to ecclesiastical affairs, as appears from his Codex; and he was of the contrary opinion, for in his letter to Dr. Colman, of May 24, 1735, he writes thus: "My opinion has always been, that the religious state of New England is founded in an equal liberty to all protestants-none of which can claim the name of a national establishment, or any kind of superiority over the rest." This opinion the bishop gave not only since the act of union, but even seven years after he had received his commission, and surely it must be admitted, that as he had time enough to consider it, so he, of all others, best understood it." Thus far Mr. Hobart. With respect to the act of union, I beg leave only to subjoin, that it is highly probable the Scotch parliament believed the English intended to establish their church only in England. For in the close of the act, by which they had established the presbyterian. church in Scotland, it is declared in these express words, that the parliament of England may provide for the security of the church of England, as they think expedient, to take place within the bounds of the said kingdom of England. And whatever latitude the word kingdom has in common speech, it, in a legal sense, is limited to England, properly so called, and excludes the plantations.

Nor can we suppose, that the church of England is established in these colonies, by any acts prior to the act of union above considered. For besides the several opinions against such supposition already adduced, it is unreasonable to imagine, that if there was any such establishment, king Charles II. in direct repugnancy thereto, should have made the grant of Pennsylvania, and given equal privileges to all religions in that province, without even excepting the Roman catholics; and that the colonies of Rhode-Island, Connecticut, and the Massachusett's Bay, should be permitted to make their provincial establishments, in opposition to an antecedent establishment of the church of England, especially, as the laws of the Massachusett's Bay province are constantly sent home, and the king has the absolute power

of repealing every act he should think improper to be continued as a law. Whoever, therefore, considers this, and that the king is sworn to preserve the church of England establishment, must necessarily conclude, that whatever sentiments may obtain among the episcopalians in America, our kings and their councils have always conceived that such establishment could by no means be extended to us. As to Connecticut, all the episcopalians of that colony, and even their ministers, were legally compellable to contribute to an annual tax for the support of the congregational clergy, till of late they were favoured with a law which grants them a privilege of exemption from that iniquitous and unreasonable burden. But whether they are subject to the like unchristian imposition in the other colonies above mentioned, I am not sufficiently acquainted with their laws to determine.*

The 13th number of the Watch Tower published at NewYork, in 1755, espouses the same side with the author of the Reflector, adds several new arguments and the opinions of eminent counsel at law, and considers the force of what is advanced by the late Dr. Douglass in favour of his position, that the religious state of the American plantations is an universal toleration of protestants of every denomination.

The clergy of this province are, in general, but indifferently supported: it is true they live easily, but few of them. leave any thing to their children. The episcopal missionaries, for enlarging the sphere of their secular business, not many years ago attempted, by a petition to the late governor Clinton, to engross the privilege of solemnizing all marriages. A great clamour ensued, and the attempt was abortive. Before that time the ceremony was even performed by justices of the peace, and the judges at law have determined such marriages to be legal. The governor's licenses now run to "All protestant ministers of the gospel." Whether the justices act still, when the banns are published in our churches, which is customary only with the poor, I have not been informed. Marriage in a new country ought to have the highest encouragements, and it is on this account, perhaps, that we have no provincial law against such as are clandestine, though they often happen, and, in some cases, are attended with consequences equally melancholy and mischievous.

* I believe there is no just cause for the complaints transmitted by the missionaries. Dr. Douglass assigns several instances of gross misrepresentations and falsehoods.-Vid. his Summary, 2d vol. p. 139. Boston edit. 1753, and the Watch Tower, No. XLI. published at New-York, in 1755.

As to the number of our clergymen, it is large enough at present, there being but few settlements unsupplied with a ministy, and some superabound. In matters of religion we are not so intelligent, in general, as the inhabitants of the New-England colonies; but both in this respect and good morals, we certainly have the advantage of the southern provinces. One of the king's instructions to our governors, recommends the investigation of means for the conversion of negroes and Indians. An attention to both, especially the latter, has been too little regarded. If the missionaries of the English Society for propagating the gospel, instead of being seated in opulent christianized towns, had been sent out to preach among the savages, unspeakable political advantages would have flowed from such a salutary measure. Dr. Douglass, a sensible, immethodical writer, often incorrect, expects too much:* besides, he treats the missionaries with rudeness and contempt, and lashes their indolence with unmerciful acrimony.

CHAPTER V.

THE POLITICAL STATE.

THIS colony, as a part of the king's dominions, is subject to the control of the British parliament, but its more immediate government is vested in a governor, council, and general assembly.

The governors in chief, who are always appointed by the king's commission under the great seal of Great Britain, enjoy a vast plenitude of power, as may be seen in their patents, which are nearly the same. The following is a copy

of that to the late sir Danvers Osborn.

GEORGE II. by the grace of God, of Great Britain, France and Ireland, king, defender of the faith, and so forth. To our trusty and well beloved sir Danvers Osborn baronet, greeting, whereas we did by our letters patent under our great seal of Great-Britain, bearing date at Westminster, the third

*Our young missionaries may procure a perpetual alliance, and commercial advantages with the Indians, which the Roman catholic clergy cannot do, because they are forbid to marry. I mean our missionaries may intermarry with the daughters of the Sachems, and other considerable Indians, and their progeny will forever be a certain cement between us and the Indians." Dougl. Sum. Vol. II. p. 138. Boston Edit. 1753.

P.

day of July, in the fifteenth year of our reign, constitute and appoint the honourable George Clinton esq. captain general and governor in chief in and over our province of New-York, and the territories depending thereon in America, for and during our will and pleasure, as by the said recited letters patent, (relation being thereunto had) may more fully and at large appear. Now know you that we have revoked and determined, and by these presents do revoke and determine, the said recited letters patent, and every clause, article, and thing therein contained. And further know you, that we reposing especial trust and confidence in the prudence, courage, and loyalty, of you, the said sir Danvers Osborn, of our especial grace, certain knowledge, and mere motion, have thought fit to constitute, and appoint you, the said sir Danvers Osborn, to be our captain general, and governor in chief in and over our province of New-York, and the territories depending thereon in America, and we do hereby require, and command you to do and execute all things in due manner, that shall belong unto your said command and the trust we have reposed in you, according to the several powers and and directions granted or appointed you by this present commission, and the instructions herewith given you, or by such further powers, instructions and authorities, as shall at any time hereafter be granted or appointed you, under our signet and sign manual, or by our order in our privy council, and according to such reasonable laws and statutes as now are in force, or hereafter shall be made and agreed upon by you, with the advice and consent of our council, and the assembly of our said province under your government, in such manner and form as is hereafter expressed, and our will and pleasure is that you, the said sir Danvers Osborn, after the publication of these our letters patent, do in the first place, take the oaths appointed to be taken by an act passed in the first year of our late royal father's reign, entitled an act for the further security of his majesty's person and government, and the succession of the crown in the heirs of the late princess Sophia, being protestants, and for extinguishing the hopes of the pretended prince of Wales, and his open and secret abettors, as also that you make and subscribe the declaration mentioned in an act of parliament, made in the twenty-fifth year of the reign of king Charles II. intituled an act for preventing dangers which may happen from popish recusants, and likewise that you take the usual oath for the due execution of the office and trust of our captain general, and governor in chief in and over our said province of New-York, and the territories depending thereon, for the