If, on any extraordinary meeting of the commissioners, their whole number should not assemble, any four who should meet were empowered to determine on a war, and to call for the respective quotas of the several colonies; but not less than six could determine on the justice of the war, or settle the expenses, or levy the money for its support.
If any colony should be charged with breaking an article of the agreement, or with doing an injury to another colony, the complaint was to be submitted to the consideration and determination of the commissioners of such colonies as should be disinterested.[73]
This union, the result of good sense, and of a judicious consideration of the real interests of the colonies, remained in force until their charters were dissolved. Rhode Island excluded from it.Rhode Island, at the instance of Massachusetts, was excluded; and her commissioners were not admitted into the congress of deputies which formed the confederation.
On her petitioning at a subsequent period to be received as a member, her request was refused, unless she would consent to be incorporated with Plymouth. This condition being deemed inadmissible, she never was taken into the confederacy. From the formation of this league, its members were considered by their neighbours as one body with regard to external affairs, and such as were of general concern; though the internal and particular objects of each continued to be managed by its own magistrates and legislature.
The vigorous and prudent measures pursued by the united colonies, disconcerted the plans of the Indians, and preserved peace.
Rhode Island and Providence plantations, excluded from the general confederacy, were under the necessity of courting the friendship of the neighbouring Indians. So successful were their endeavours that, in the year 1644, they obtained from the chiefs of the Narraghansetts a formal surrender of their country.[74]
The first general assembly, consisting of the collective freemen of the plantations, was convened in May, 1647. In this body the supreme authority of the nation resided. The executive duties were performed by a governor and four assistants, chosen from among the freemen by their several towns; and the same persons constituted also the supreme court for the administration of justice. Every township, forming within itself a corporation, elected a council of six, for the management of its peculiar affairs, and for the settlement of its disputes.[75]
1644
Hitherto the governor, assistants, and representatives, of Massachusetts had assembled in the same chamber, and deliberated together. At first their relative powers do not seem to have been accurately understood; nor the mode of deciding controverted questions to have been well defined. The representatives being the most numerous body, contended that every question should be decided by a majority of the whole, while the assistants asserted their right to a negative. More than once, this contest suspended the proceedings of the general court. But the assistants having, with the aid of the clergy, succeeded on each occasion, the representatives yielded the point, and moved that separate chambers should be provided for the two branches of the legislature. This motion being carried in the affirmative, their deliberations were afterwards conducted apart from each other.
This regulation was subsequently modified with respect to judicial proceedings; for the legislature was the court of the last resort. If, in these, the two houses differed, the vote was to be taken conjointly.