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Updated: May 18, 2025
I will move a quo warranto against this species of introduction; and the good gentleman is to be here, he informs me, for two days. He is a dark, foreign-looking man, of small stature, and rather blunt manners, which may be easily accounted for by his having been in the East for thirty years. He has a considerable share of information, and made good play after dinner. September 6.
After the various colonies were well established in New England, and more than twenty thousand had emigrated from the mother country, they were no longer regarded with benevolent interest by the king or his ministers. The Grand Council of Plymouth surrendered its charter to the king, and a writ of quo warranto was issued against the Massachusetts colony.
Again, he evaded the perilous responsibility of passing upon the validity of the recent Repeal Act in quo warranto proceedings, such as were then being broached. * For if the Supreme Court could not issue the writ of mandamus in suits begun in it by individuals, neither could it issue the writ of quo warranto in such suits.
"A private corporation," say the court, "created by the legislature, may lose its franchises by a misuser or a nonuser of them; and they may be resumed by the government under a judicial judgment upon a quo warranto to ascertain and enforce the forfeiture. This is the common law of the land, and is a tacit condition annexed to the creation of every such corporation.
Gorges, left alone to execute the writ against the colony, joined with Mason in building a ship for the purpose of carrying the quo warranto to New England, but the vessel broke in the launching, and their resources were at an end. Mason died in 1635, and Gorges, an old man of seventy, bankrupt and discouraged, could do no more.
Kent's rejoinder was a mute signal to the effect that he was attending. "Some little time ago you came to me as the legal representative of the stock-holders of the Trans-Western Railway Company, and I did not find it possible at that time to meet your wishes in the matter of a quo warranto information questioning Judge MacFarlane's election and status.
Such was the case of the quo warranto against the city of London, and the proceedings by which the charter of Massachusetts was vacated. The legislature of New Hampshire has no more power over the rights of the plaintiffs than existed somewhere, in some department of government, before the Revolution.
We ought not to act contrary to that way in which God hath owned our worthy predecessors, who in 1638, when there was a quo warranto against the charter, durst not submit. In 1664, they did not submit to the commissioners. We, their successors, should walk in their steps, and so trust in the God of our fathers that we shall see His salvation.
On these slender pleas a writ of quo warranto was taken out against the City, and the judges, under the undoubted influence of the Court, pronounced sentence of forfeiture, although a charter of the 7th Richard II. expressly provides against any forfeiture of the City's liberties notwithstanding any abuse of them whatsoever.
The commissioners for the regulation and government of the plantations having reported that Massachusetts had violated its charter, a writ of quo warranto was issued, on which judgment was given in favour of the crown. The process was never served on any member of the corporation; and it is therefore probable that the judgment was not final.
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