USA > Massachusetts > Records of Massachusetts under its first charter : a lecture of a course by members of the Massachusetts Historical Society delivered before the Lowell Institute, Jan. 26, 1869 > Part 3
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
24
RECORDS OF MASSACHUSETTS
-
-
turmoil of wrangling bigots and fanatical enthusiasts, rather than suffer the hand of the civil power to be lifted against them, the name of Roger Williams will be illustrious, and the peculiar honor of Rhode Island secure for ever.
At the very first meeting of the Massachusetts General Court, after the transfer of the charter, at which a governor and assist- ants were chosen, on the 18th of May, 1631, it was voted, that " no man shall be admitted to the freedom of this body-politic, but such as are members of some of the churches within the limits of the same;" and they suffered no churches to be gathered, but such as were sound in doctrine, according to the estimation of the General Court. Admitting that the policy announced in this vote was erroneous, and rejoicing, as we all do, that it has long ago been repudiated, it is but fair to give heed to what may be offered in its palliation. It was, in part, suggested by their peculiar situation. It was necessary, by all means, to keep their government from falling into the hands of persons who might appear among them with a disposition to win favor from the parties hostile to them around the royal court; and this seemed the most sure way to keep them out. Further, in spite of all precautions to prevent it, here, as in all first settlements, there were individuals of loose and profligate lives, wholly unfit to share in the government. It was an effect- ual bar against them. And, after all, it must be conceded, that there was one good feature in it. It ignored the distinction between high and low, rich and poor, bond and free; and was, as far as it went, in this view, a liberal measure. It is due to the Church, Catholic and Protestant, to give it the credit, in every age and every communion, whatever other barriers it has raised, of having welcomed to its bosom persons of all ranks and races, without reference to their position in the scale of society. It has been in advance of the State in this particular.
While we condemin the policy of the Fathers in reference to religious opinions, we must not charge them with having con- templated an established religion as a part of the frame of their government. To that they were utterly opposed. They often, it is true, sought the advice of the ministers concerning public affairs, appreciating their learning and wisdom, but never allowed them to participate in the government. They went further in
25
1774609
UNDER ITS FIRST CHARTER.
this respect than we do. No minister, or church officer of any kind, not even a lay-elder, was permitted to hold any legislative, political, or civil appointment.
Increase Nowell, an original patentee and assistant, belong- ing to a high family at home, who came over with the charter, was a man of eminent gifts and graces, and all his life in dis- tinguished public employment. When the church at Charles- town was planted, he was chosen a ruling or lay elder, and acted as such. The question was raised, whether he, being a magistrate, could hold office in a church. It was decided that he could not, and Nowell laid down his eldership.
Samuel Sharp was probably one of the best educated men of the first age of the colony. Bred to learning during his youth, and transferred at opening manhood to business as a merchant, he continued through life to cultivate his mind and gratify his literary tastes. He seems to have been a proficient also in military knowl- edge, as he was intrusted, from the first, with all that related to engineering, fortification, and ordnance, in the plantation. Col- onial enterprise seems to have particularly attracted his interest. He was one of the company in London which managed the first settlement at Plymouth. The Records of the Massachusetts Company show the active part he took in its affairs, and the extent to which it availed itself of his business efficiency. When Endicott was elected temporary local governor, April 30, 1629, he divided the vote with him, was appointed one of his council, and authorized, in conjunction with Samuel Skelton, the first pastor of the Salem church, in the event of Endicott's death, to assume the government of the plantation. Although Matthew Cradock never came to America in person, he took lands, and shipped over successive cargoes of provisions, live stock, and other needful articles, selecting suitable persons to look out for their disbursement and distribution. Sharp was his chief agent, and enjoyed his full confidence. Henry Haughton was also concerned in the management of Cradock's affairs. The latter, at the formation of the Salem church, was elected its lay- elder; but, dying a few months afterwards, Sharp was chosen to his place, which he filled to his death in 1656. In consequence of holding this office, the great talents and capacity of Elder Sharp were lost to the civil service of the colony. His name,
٠
26
RECORDS OF MASSACHUSETTS
although consecrated by the memory of his various usefulness, Christian learning, and eminent piety, is seen no more on its records, except as having, with Endicott and others, been bound over to answer before the General Court, as representatives of the Salem church, for, having denounced the proceedings of the Court against its minister, Roger Williams.
These instances sufficiently show how thoroughly the policy was carried out of not allowing any officers whatever of a church to hold political or civil appointments, or in any degree or shape to have share in the government.
The Fathers of Massachusetts have been ridiculed for the re- spect in which they held the Hebrew polity, and for bringing the authority of the Scriptures, particularly of the Old Testament, to corroborate their legislation. But it may be asked, Where else could they have gone? Not surely to precedents drawn from ancient despotisms, or European monarchies. References to the statutes of the Pentateuch were more to their purpose, and justly carried greater weight, than to feudal rolls of parliaments, basely obsequious to Tudors and Stuarts. The Hebrew government, for the ends it was designed to accomplish, was the most perfect ever contrived. It left a deeper imprint on national character than any government ever has. It gave to a people a national life which no power on earth has been able to extinguish. Subjuga- tion, dispersion, and the scorn, hate, and persecution of all nations for two thousand years, have made no impression on it. The Jewish race has survived it all. In our day the proudest mon- archs are bowing before its banking-houses, and it affords lead- ing minds to parliaments and cabinets. Its perpetuity, as a distinct people, although scattered everywhere, and everywhere trodden down for ages, is the marvel of the world's history, and attests the greatness of Moses as a lawgiver.
The Massachusetts statesmen of the first age did not follow indiscriminately the details of the Jewish system; but, as the Records show, sought to discover and obey the requirements of eternal moral laws. They acted, in their secular administration, upon principles that will stand the test of all time; but found gratification and confirmation in the ancient Scriptures. It is wonderful to what an extent they were able to avail themselves of this resource. Any one who verifies, collates, and examines
27
UNDER ITS FIRST CHARTER.
their references to the events, characters, and expressions of Holy Writ, will be surprised to find how apposite they are, and what a mine was thus opened. Verily, the volume containing the most ancient literature of the world, is worthy of being called the Book of Books. Not wholly unaware of the disparagement, in which some have indulged, of the Old Testament scriptures, I am constrained to say, that the longer I live, and the more I pon- der them, the profounder is my admiration and veneration of the unapproached dignity and simplicity of style of their historical and narrative passages, and of the beauty, splendor, and sublimity of the conceptions and imagery that glorify their strains of elo- quence, poetry, and prophecy, breathing an influence that expands and lifts up the soul, and is felt to be inspiration.
In support of what I have said, in reference to the legislation of the first colonial age, allow me to fall back upon the judgment of one whose name is among the ornaments of the Massachu- setts Historical Society, and the memory of whose genius and scholarship is fresh in the hearts of the older members. Francis Calley Gray, in a notice of the compendium, made in 1641, of the laws of the Massachusetts colony, known as the " Body of Liberties," 1 says, -
"Our ancestors, instead of deducing all their laws from the Books of Moses, established, at the outset, a code of fundamental principles, which, taken as a whole, for wisdom, equity, adaptation to the wants of their community, and a liberality of sentiment superior to the age in which it was written, may fearlessly challenge comparison with any similar pro- duction, from Magna Charta itself, to the latest Bill of Rights that has been put forth in Europe or America."
The early lawgivers of Massachusetts were, indeed, in advance of their times. Before we ridicule or reproach their legislation, it becomes us to see to it that those whom we choose to make and administer law, are equally in advance of our times.
The just formation of a body-politic which these Records have now been used to illustrate, demands attention in our day. Much remains to be done, even in the most advanced and enlightened nations. Much is being done. All the light that can be ob- tained is needed. Men 'everywhere are crying out for it. Agita-
1 Massachusetts Historical Collections, vol. viii. Third Series, p. 191.
..
28
RECORDS OF MASSACHUSETTS
1
tion and change rule the hour. The future is felt to be subject to unknown and indeterminable influences, and to depend upon the wills or fortunes or lives of individuals, or the fluctuating con- flicts of parties. Who can predict what is in store for Spain, France, Italy, the German States, or the northern kingdoms of Europe ? The current of events seems to be working radical changes in Great Britain and Ireland, and the dependencies of that empire. Although, in many respects the most advanced of the old forms of political civilization, it can hardly be doubted that it is doomed to pass through momentous crises; for the whole structure of its constitutional system rests upon fictions that must give way, sooner or later, to truth and right. It assumes that there are three estates essential to the composition of a nation, - king, lords, and commons. The last only has a legitimate and permanent existence. The people are the whole of a country, so far as its government is concerned, and must finally vindicate their rightful claim to power.
The framers of the Constitution of the United States are justly regarded as among the wisest statesinen of all times; but they failed, in some points, in contriving their scheme of govern- ment, to estimate aright the action of the principles of human nature, or calculate their forces. They did not foresee the opera- tion or even the existence of what are called national parties. The arrangement they made for the election of a President was soon found utterly impracticable for the end designed. The Amendment of 1803, introducing the plan that has been subse- quently followed, was only carried by the decision of the then Speaker of the House of Representatives, Nathaniel Macon, of North Carolina, who claimed the right, since conceded, of the presiding officer of that body, to vote when the House is not equally divided. His vote made the requisite two-thirds.
Indications are appearing that some further change may be demanded. The intermediate machinery of Electors is justly criticised ; but great difficulty will be experienced, in contriving in any other way, to preserve the rights of the smaller States. So, also, on the elementary subject of suffrage, great enlargements have been recently made, but others are demanded. It is, indeed, evident that questions are impending that reach the foundations of political science. Let them be met, not with ridicule or
UNDER ITS FIRST CHARTER. 29
reproach, but with intelligence and fairness. Having been brought to a higher stand-point, with a wider field of view than the Fathers, we ought to have a more liberal spirit; but for in- tegrity of purpose, and independence of authority, for carefulness in deliberation, and firmness and courage in action, we may well study their example.
Pardon me for detaining you a moment longer, while sum- marily delineating the spectacle the early records of Massachu- setts present.
Here, on a clear field, unoccupied by any organized society, with no pre-existent institutions to cumber the ground, but all as fresh as if never trodden by man before, the experiment of plant- ing and constructing a civil government was fairly worked out. No external power was suffered to interfere, and no foreign precedents allowed to claim authority; no closet statesman or fanciful theorist formed the scheme; no lordly proprietor, or dis- tant corporation, or board of trade, directors, or officials of any kind, dictated. The whole procedure was left, without let or hindrance, suggestion or influence, from any outside quarter, to the people on the spot. They were a select people for the work ; - intelligent, thoughtful, brave, and devout. They were settled in families, and comprised all the elements of a State. Although emigrants from the Old World, they trailed none of its arbitrary, outgrown institutions or usages after them. Conversant with all the learning of ancient and feudal forms, they applied none of it here. Having a new country to dwell in, they resolved to establish nothing but what facts, as they occurred, should prove to be necessary or desirable. Oglethorpe planned a social system for Georgia, John Locke drafted a contrivance of government for the Carolinas, Lord Baltimore superintended Maryland, William Penn Pennsylvania, and other proprietors and patrons their several settlements. Not so in Massachusetts : the Fathers of this colony followed no far-off light ; they moved only as experience opened the way ; they tried every step as they advanced, indulged in no theories or speculations, and held fast only what was found, in their view, to be good, and thus accomplished the great end of a stable, prosperous, powerful, and permanent commonwealth. All the essential features of our present security and happiness were stamped into the fabric of society during the period of the First Charter.
.
30
RECORDS OF MASSACHUSETTS.
The early growth of Massachusetts was natural; and the ma- tured result as complete, as of every natural growth ; but, unlike the growths of nature in other things, there was, in this, no ele- ment of decay. The institutions planted during our first fifty years withstood a century of immediately subsequent provincial endurance ; and as another century under the flag of our Union is approaching its completion, they are striking their roots deeper every day. The foundation here laid can never be moved ; and we owe it to the men who laid it, that, in education, arts, wealth, and power, we hold a rank second to none in the Republic. The path, here opened, other Colonies and States have travelled, and all must travel, to reach the fruition of liberty, order, justice, and the rights of man.
Of the grand Epic, Time is writing, of the Regeneration of Nations, the old charter history of Massachusetts is the First Book.
1
F844,92
60 57
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.