Plymouth Colony Records, X, 74-76. Cf. American History and Government, § 93. The following extracts from a declaration of the Massachusetts General Court put an end to the attempt of the other three colonies in the New England Confederation to force Massachusetts to join in a war against New Netherlands.
The question propounded by the General Court of the Massachusetts [June 2/12, 1653].
... Whether the Comissioners of the united Collonies have power by articles of agreement to determine the Justice of an offencive or vindictive warr and to engage the Collonies therin;
The Answare of the Committies to the question,—first more particularly from the Articles:
The whole power of Government and Jurisdiction is in the 3d and sixt Articles refered to every Collonie whoe sawe not meet to divest themselves of theire authoritie to Invest the Comissioners with any part therof being altogether unsafe and unnessesary to attaine the end of the Confeaderation;
The 9. and 10th Articles constituteth the Comissioners Judges of the Justice of a defencive warr
The 4th and 5th settle Rules for Leagues, Aides, and number in a defencive warr, and devisions of spoiles; but noe where provide for the determination of the Justice of an offencive warr, which therfore is refered wholy to the Determination of the Supreame Power of the severall Confeaderate Jurisdictions, whoe would have otherwise provided in the case.
The sixt Article, which att first view seemes to Inable the Comissioners, will evidently evince the Contrary. For, the Confederation being betwixt the Collonies, the 4th, and fift, 9, and 10th Articles provid Rules in severall Cases according to which the Confeaderates have bound themselves to Acte; And the sixt Article onely orders and appoints whoe and in what mannor the said Rules and agreements should bee executed viz. by Comissioners Improved to acte in cases specif[y]ed and regulated,—for theire number, mannor of proceeding, times and places of meeting, in the sixt and seaventh Articles; And that by nessesitie; because the supreame power of the severall Jurisdictions Could not assemble, they were enforced to Substitute deligates to order such things as were of present and urgent Nessesitie, or meerly prudenciall or polliticall or of Inferior nature, and that according to themselves [the Rules] prescribed by the Confeaderates. But such things [as] require the Choise Actes of Authoritie; or [are] in theire nature of Morrall Consideration and may admite of more time of Deliberation (as an offencive warr), The Wisdome of the Countrivers of the Confederacy did not Judg meete to Refere to Comissioners, and therfore [they] have not provided any Rules in such cases in these Consernments as they did in all cases of an Inferior nature;
More Generally:[88] The Comissioners of the united Collonies are not, soe fare as wee can deserne, Invested with power to Conclude an offencive warr to engage the Collonies to which they belonge to put the same in execution further then they are enabled by Comission or Instructions under the seale of theire Collonie; much lesse can it stand with the Jurisdiction and Right of Government reserved to ever[y] Collonie for six Comissioners of the other Collonies to put forth any Acte of power in a vindictive warr wherby they shall comaund the Collonie decenting to assist them in the same; neither can it bee the meaning of the severall Collonies whoe are soe tender of theire power in Governing theire owne that they should put theire power out of theire owne hands in the most waighty points (A bondage hardly to bee borne by the most Subjective people), And cannot bee conceived soe free a people as the united Collonies should submite unto;