USA > Massachusetts > Middlesex County > Groton > Address delivered at Groton, Massachusetts, July 12, 1905, by request of the citizens, on the celebration of the two hundred and fiftieth anniversary of its settlement > Part 7
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corporation. The town is old enough now to enable him to judge whether his predecessors acted wisely in allowing it to be settled.
I have the honor to introduce the Hon. Chester W. Clark of the Sixth Middlesex Senatorial District.
HON. CHESTER W. CLARK.
Mr. President, Citizens of Groton, Ladies and Gentlemen :
I am glad to have this opportunity of being present and enjoying with you the celebration of this most important epoch in the history of your beautiful town. Time passes swiftly; the lives of men soon vanish away; and even the quarter-millennium of a municipality, when it is passed, is but as a tale that is told. It is interesting and profitable to pause at the end of such periods of time and look back upon the dim and half forgotten years of its earliest history, and to discern the pathway by which it has arrived to its present state of prosperity and happiness.
I understand that I am expected to say something about the General Court, and especially about the Senate. This is a subject befitting the occasion; for the very cause of our be- ing assembled here today was an act of incorporation passed by the General Court two hundred and fifty years ago. That incorporation was one result of the tremendous activity that characterized this part of the new world during the few years next succeeding the first settlements.
What exhibitions of heroic toil and unyielding energy are disclosed as we bring those old days before the imagination and consider what was accomplished by only a few, unaided by the implements and machinery and motive power of later invention.
Upon the arrival of Governor Winthrop and his company in 1630 there were only about two thousand persons in the territory now included in Massachusetts. Five years later their numbers had augmented to about four thousand. That was only twenty years prior to the settlement of Groton: and yet, before this town was incorporated, more than fifty others
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had been established in Plymouth and Massachusetts Bay, comprising about forty thousand inhabitants.
The harmony, order, and economy of means that made possible such wonderful achievements in two decades could not have been secured and preserved, even among a people as small in number as were they, without the control and direction of some form of government. And so that essential element of civilization was inaugurated at the very first, bear- ing the outward semblance and designation of the General Court, - an institution and a name that have come down from that remote origin to the present time.
The charter of Charles the First provided that there should be a governor, a deputy governor, and eighteen assistants of the company, to be elected yearly by the freemen; that the governor or deputy and the assistants should hold a court periodically for directing their affairs; and that four times a year there should be held by the governor or deputy and as- sistants and all the freemen who might be present, a general assembly to be called the four Great and General Courts. There was then no rivalry, as there sometimes is at the pres- ent day, nor any caucuses, to determine who should be sent to the General Court; for every freeman had a right to go. In that respect it resembled a town meeting of the present day. The number of freemen in the colony grew gradually more numerous, so that it became impracticable for all of them to meet in General Court. Thereupon it was provided that each town might be represented by two or three dele- gates, or, if it chose, by all of its freemen in a body; and later it was decided that each town should send two delegates only. The similarity between the original and the present General Court now begins to appear. The first meeting of the General Court was held in October, 1630.
The court held by the governor or deputy and the as- sistants was called the Court of Assistants. Its province was to sit in the interim between the sessions of the General Court ; and the latter might repeal any action previously taken by the former. To this Court of Assistants and to the General Court alike belonged all legislative, judicial, and executive
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functions. From time to time thereafter certain of those powers were eliminated, so that at length the General Court possessed only the power of legislation, as it does today. The foundation of our present General Court may therefore be said to date from 1630, for all its powers were then exer- cised, although in conjunction with others. It then exisited under the government of England; it now exists under the constitution of Massachusetts; but in point of historical suc- cession its life has been continuous. By including therein two classes, the governor and assistants forming one, and the freemen, the other, it was analogous to the form of our present legislature of representatives and senators but they sat together as one body.
To a curious circumstance that happened very early, we may trace the separation of the two classes of legislators mentioned, which furnishes the historical basis for the forma- tion of our legislature into two branches. During that period all sorts of petty cases came before the General Court. At one of its sessions a case was brought by a Mrs. Sherman against Captain Keayne, to recover damages caused by a stray hog which had rooted up all the cabbages in the widow Sher- man's garden. After a protracted hearing, commensurate with the magnitude and importance of such a case, two as- sistants and fifteen freemen voted in favor of the widow, and seven assistants and eight freemen voted in favor of the hog. A majority of the whole, but not of each class, had thus vot- ed in favor of the widow. A point arose as to whether it was necessary that a majority of the assistants and of the freemen should concur, to enable the plaintiff to prevail.
The question created great agitation and was warmly debated on either side. At length it was determined that a majority of each class was essential to any action, and such was thereafter required. The two classes continued to sit together, but each in a portion of the room by itself. In the course of time they came to occupy separate quarters. The custom of one body having a negative upon the other afterwards became embalmed in the constitution of our Commonwealth.
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'The sessions were opened at eight o'clock in the morning, and the assistants who were not then present were fined. not- withstanding there were no publie conveyances, but each must travel on foot or on horseback to the square, homely, frame building which was the capitol. Now the sessions never begin before half-past ten in the morning, and even then many of the members are dilatory.
As before stated, the General Court both made laws and enforced them. It may not be uninteresting to notice some of the peculiar enactments and judgments of those days.
Sir Richard Saltonstall was one of the assistants and ap- parently a man of importance. He furnished considerable business for the General Court, as appears by these records :
"Sir Richard Saltonstall is fined four bushels of malt for his absence from the court."
"It is ordered that Richard Duffy, servant to Sir Richard Saltonstall, shall be whipped for his misdemeanors towards his master."
"Sir Richard Saltonstall is fined 5 & for whipping two persons without the presence of another assistant, contrary to an act of court formerly made."
"Chickataubott is fined the skin of a bear for shooting a swine of Sir Richard Saltonstall's."
It seems that the inhabitants coveted good society, for we find the following :
"Mr. William Foster, appearing, was informed that we conceive him not fit to live with us; wherefore he was wished to depart before the General Court in March next."
It would seem that treason was allowed no breathing place in the colony.
"It is ordered that Philip Ratcliffe shall be whipped, have his ears cut off, fined 5 & and banished out of the limits of this jurisdiction for uttering malicious and scandalous speeches against the government and the church of Salem."
The proximity of the Indians jeopardized the public safety and occasioned the following provisions :
"It is ordered that there shall be a watch of four kept every night at Dorchester, and another at Watertown; watches
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to begin at sun-set; and that if any person shall shoot off any piece after the watch is set he shall forfeit 4os or be. whipped."
We made paper money legal tender in war time, but even that expedient was surpassed by the genius of the earliest. settlers, of which this evidence appears :
" It is ordered that corn shall pass for payment of all debts at the usual rate it is sold for."
In those days there were no political " fences " to be looked after, but concerning the other kind they enacted that,
"The town of Hingham for not making sufficient fences is fined 5s and hath time to mend their fences until the fourth. month."
The inhabitants also looked well to their ways :
"The town of Boston for defect of their ways between Powder Horn Hill and the written tree is fined sos and en- joined to mend them."
There are many humbug nostrums at the present day with which unscrupulous persons prey upon the public: but here is what happened in the olden time :
"Nicholas Knapp is fined 5 6, for taking upon him to cure the scurvy by water of no worth or value, which he sold at a very dear rate, to be imprisoned till he pay his fine, or else to be whipped."
Another instance illustrates how trivial was some of the business :
"Bartholomew Hill is adjudged to be whipped for stealing a loaf of bread from John Hoskins."
Much of the time of the present General Court is consumed in the consideration of the so-called "labor bills," all which aim to limit the hours and to secure for the workmen a greater rate of compensation. In contrast to these, the labor bills that then came before the General Court tended to decrease rather than to enlarge the compensation, which fact is notice- able as indicating the change of conditions or sentiment that has taken place. These are samples of the former kind : "It is ordered that laborers shall not take above 12d a day
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for their work and not above 6d and meat and drink, un- der pain of ros."
" It is ordered that sawyers shall not take above 12d a score for sawing oak boards, and iod a score for pine boards, if they have their wood felled and squared for them."
"It is ordered that no master carpenter, mason, joiner, or bricklayer shall take above 16d a day for their work if they have meat and drink; and the second sort not above 12d a day under pain of ros both to giver and toreceiver."
The punishment of death was inflicted for a variety of of- fences, some of which would not be considered of very great magnitude in our time. The town of Groton was incorpor- ated at the session of the General Court held in March, 1655. At the same session the following act was passed :
"In answer to the petition of Edward Sanders, craving the favor of this court of the leaving off from his neck his sen- tenced halter, the court, having received some testimony of some good effect his punishment hath produced, do grant his request."
I must not dwell longer on the quaint and curious doings of bygone days.
That the division of the legislature into two branches is a wise safeguard against hasty action is being constantly dem- onstrated. The senate has been facetiously styled " the grave- yard of legislation." During the last winter more than twenty bills which passed the House were buried in the Sen- ate beyond hope of resurrection. In most of those cases the measures would have passed by a majority if the House and Senate had voted unitedly as one body. The Senate obvi- ously believed them to be unwise measures. If there was any doubt, it was better to err on the side of conservatism than on the side of new and untried statutes. There is more danger of too much legislation than of too little. The effect of the operation of a particular law cannot'always be foreseen ; and moderation in respect to changes is to be commended. It is often "better to bear the ills we have than ily to those we know not of."
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The men who compose the General Court in colonial times were possessed of strong characters; but their knowledge and experience were very limited. They would have been incompetent to have dealt with questions of the magnitude and complexity of those which now engage the attention of the General Court. With the development of time there has come a broadening of the minds of men, but the virtues of those old characters may well be imitated and perpetuated.
It has been said by critics from abroad that the legislature of this Commonwealth is superior-in the character and in- telligence of its members, the order and decorum of its ses. sions; and the seriousness with which it undertakes the transaction of business. Let us hope that this high standard may be maintained.
Groton has furnished a legislator of especial worth in the eminent statesman whose life-work has recently ended. It is a signal honor to this town to have been the dwelling place of one who was a tower of strength to the Nation and the Commonwealth. The exemplary career of Governor Bout- . well will always summon to noble action those who under take the service of the public. We may justly point to him as the embodiment of our highest ideals.
" What constitutes a state? Not high raised battlement or labored mound, Thick walls of moated gate : Not cities proud with spires and turrets crowned ; Not bays and broad-armed ports Where, laughing at the storms, rich navies ride ; Not starred and spangled courts Where low-browed baseness wafts perfume to pride. No! Men, high-minded men.
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Men who their duties know,
But know their rights, and, knowing, dare maintain ; Prevent the long-aimed blow, And crush the tyrant while they rend the chain. These constitute a state."
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ION. CHARLES S. HAMLIN.
We are favored with the presence of a distinguished guest who, though not himself a native or a resident of the town, has reason to feel a strong attachment to it from the circun :- stance that his family once lived in that part of it which is now the sightly town of Westford. He very willingly responded to the Committee's invitation to join in this observance, and has given gratification by so doing. An eminent publicist, a profound student of our Country's concerns, who has served with credit in high official station, I present to you the
HONORABLE CHARLES S. HAMLIN.
Mr. President, Ladies and Gentlemen: It is a very great pleasure to me to be able to be here today, and to take part in these memorable festivities. In this connection, let me say that my brother told me yesterday that he was sitting in his office, when suddenly the telephone rang with such a rat- tle that he jumped hastily from his seat, and, rushing to the instrument heard the voice of General Bancroft, in imperious tones, as if, as Major General, he were giving a command to some corporal in the ranks. The General said he desired to know "what your brother's interest in Groton was, anyway." He was so frightened, he said, all he could think of was that some of our ancestors lived and died in Westford, I am very glad that my brother's courage gave out, because if it hadn't. the General would have made my speech, and there would have been nothing left for me to say. I really feel, however, that I have a right to be here today. In the first place, I come as a trustee of the time honored Academy of Westford, and bring the very best greetings of the Board of Trustees. Secondly, my wife is a collateral descendant of that James Sullivan who was once an honored citizen of this town. And, thirdly, my grandmother, Harriet Fletcher Hamlin. was born in and married from this town. She was a daugh- ter of Pelatiah Fletcher, and her grandfather commanded a regiment in the Revolutionary War; they lived on what is now called the Timmins farm. I came here once to look at
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that farm and see where she was born, but I remembered a story of four beautiful chairs which once belonged in the family, and when I arrived in the town I was sorely perplexed. I felt that I ought to go and see the ancestral home, but I wanted those chairs; and so, after thinking it over, I post- poned my visit to the ancestral home, and tried to secure the chairs, but I was unfortunate, as the owners would not part with them. I shall not give the name of the people who own those chairs, because I do not accept that defeat, but in- tend to come here sometime again and get theni.
My great-great-grandfather, Eleazer Hamlin, built a house in Harvard, only a few miles from here, which is.still stand- ing. He had nineteen children, and for his second wife he married a lady who had a bountiful supply of her own, so you can imagine he must have been a man of some property, or must have been a heavy charge on the town. He moved to Pembroke, and I went down there a few years ago to see his old house there. I saw in the house an old fashioned fire back which I thought must have belonged to my great-great- grandfather, and I wanted to buy it. I made up my mind to pay ten, twenty, or even twenty-five dollars. For the sake of old associations I would gladly have paid that amount. I said, "I know that must have belonged to my great-great- grandfather." My wife looked it over, and then with that calm air of superiority which wives often visit upon their foolish husbands, she pointed to one corner of the fire back where I saw the words " Worcester, patented 1876." So I was saved making the purchase. Eleazer named four of his children for the continents, Europe, Asia, Africa, and America. I am a descendant of Asia. I wish I could say that I owe all my allegiance to this town. I do owe a good part of it. I love it. I used to spend the summer in West- ford, and belonged there to a celebrated baseball team, but skilful as we thought we were, we couldn't beat the Groton nine. We were mercilessly defeated once, and when we made up our minds to try again, Providence thoughtfully sent a storm which prevented the match, and that was my last ap- pearance on the base ball field. To the neighboring town of
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Westford also I owe allegiance, and as well to other towns on the Cape; they are all memorable, and they all mean practically the same thing in our public life. It reminds me of a story of an old lady who once made famous pies, mince and apple; one day some one asked her how she could tell them apart. "Why, by that mark," she said. The mince pies were marked " T. M." He found the same mark on the apple pies. "But how can you tell," he said, "they are both marked alike." She said, " Why, one stands for 'tis mince,' and one for 'tisn't mince'." So we have all the same mark, the same heritage of American citizenship of which we are all proud whether we come from Groton or Ayer or Westford. This town of Groton has reason to be proud, if for no other reason, because it has given to the country that great statesman and patriot, George S. Boutwell; it would take its place in history for that reason alone.
The secret of the success of Massachusetts is that the towns have practiced the principle of home rule which our ancestors gave us, and which we will always cherish. There is a spirit about the people of Massachusetts, whether in the North, the South, the East or the West; there is a fine old Massachusetts spirit that takes its rise from the home rule doctrines. You cannot define what that Massachusett spirit is. You can feel it, you can watch its effects, and you know it is there. If I were to try to define it I should have to define it as a minister once tried to define religion :- "You get religion when you don't want it; when you get it you don't know it ; if you know it, you haven't got it; when you get it you can't lose it; if you lose it, you never had it." And that is the spirit of Massachusetts. There has been. a marvellous development of this, our country, in the last twenty, thirty, or forty years. We are getting welded together more and more with a true national spirit. The best proof of this, to my mind, is that in the early days, after 1776, or rather after 1789 when the Constitution of the United States was framed, when the words "United States" were used they were invariably followed by the plural verb, -the United States are not is. Whereas, in modern days, the
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Most recent illustration being the treaty of peace with Spain, the phrase was used, - " The United States is." The United. States is now a common unit, a great national government. It was welded together by the genius of interpretation of John Marshall, by the great Secretary of State Daniel Webster, and by many succeeding statesmen. Today we stand both a great united people. If there is one idea more than another that I can bring here, it is that when the United States faces a foreign power it shall be as one undivided nation. Let no political dissension come into play to defeat or defend a treaty when the United States speaks to another nation. If there are differences in the Senate, let us forget our partisanship when we face another power, in the common love of our grand united country.
Now, my friends, I wish I had time to say more to you. I have much more to say, but time is precious to me, for it is hay day, and I have got to go home to my farm at Matta- poisett and see what has been done today. My genial friend, the Lieutenant-Governor, has the advantage of me, -he has been making hay all day. We can all make hay when the sun shines. He can make it just as well when it rains; he can make hay in the night; he can make it in the winter as well as in summer. And I want to say, as one who has not exactly been in accord with him politically, that there is no one in our state who envies him his high reputation, well earned and deserved.
I take a great interest in my farm. My vocation is that of law, and I took up farming as an avocation, hoping that I might some day follow farming as a vocation and law as an avocation. I have accumulated a vast mass of experience, and not much more, but I have invented a device by which I make that farm pay expenses. I charge of the deficit as rent of the summer dwelling house in which I live, and I am proud to say my farm pays its expenses. I began by raising hens and chickens, and as the first cost was expensive, my wife and I wrote to each of our friends to send us a hen, and said we would name the hen for the donor, male or female. That brought a number of hens, but not as many as we
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wanted; so I wrote again to the delinquents, and said that if they didn't send a hen I would name a pig for them. I have carried on that farm for several years, and any man that will come to me and say he is a descendant of Groton can have its products at actual cost, -about one dollar apiece for eggs, and somewhat more a quart for milk.
The ramblings in which I have indulged remind me of an old railroad in Massachusetts called the Boston, Barre and Gardner, which didn't start from Boston, didn't go through Barre, and only barely reached Gardner.
I do not remember where or how I began, or whither my remarks have tended, but the anxious look on the presiding officer's face impresses upon me the fact that I have reached my destination, so thanking you for your courteous invitation I will take my' seat.
HON. ANDROS B. JONES.
At the time of Deane Winthrop's petition, Lancaster was Nash-a-way; Nashua was Merimake, and a part of Nashua was a part of Groton. Since then boundaries, as well as names, have been changed, and today we are welcoming the accomplished mayor of a beautiful city in another state, with the assurance that, had his territory of Nashua remained with us, he might now be Chairman of the Board of Select- men of Groton. And we greet him and his people with the cordiality of kindred, and wish him to know that we are proud of our relatives from New Hampshire. I have much satisfaction in introducing the Mayor of Nashua, the
HONORABLE ANDROS B. JONES.
Mr. President, Ladies and Gentlemen :
It is needless for me to mention the great pleasure which I take in coming to this gathering from Nashua, to pay for her a tribute of honor and a debt of gratitude to the old mother who fostered and nourished her many years ago.
Nashua together with the other sister towns of the same
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common parentage gather here today to join in commemora- tion of the birth of Groton. For, the citizens of Nashua, whom I have the privilege and the honor of representing on this occasion, date the real beginning of their town history back over two centuries and a half ago, when Jonathan Danforth braved the dangers of wilderness to survey the original Groton plantation.
At that time the line which now marks the main thorough- fare of your town was but a faintly traced path through the forest. It had known no human step, save the moccasined foot of the Indian.
The ancient and primitive wood had never heard the sound of the white man's axe. But soon all this was changed. Where once was but a scarcely perceptible tract through the forest we now see a well trodden path and a much wider clearing. Wreaths of smoke curling up from the rude log cabins on either side gave evidence of that Anglo- Saxon grit and perseverance which converted the wilds of New England into a fertile and habitable land.
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