USA > Massachusetts > Essex County > Salem > Reminiscences of Salem, Massachusetts : embracing notices of its eminent men known to the author forty years ago > Part 3
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" White's Planters' Plea, c. 9, p. 43, in 2 Force's Hist. Tracts. 3 Arch. Amer., XX. xxvi, 2. Memoir of John Endicott, by C. M. Endicott. Esq. Memorial of Gov. Endicott, by Hon. Stephen Salisbury, in Proceedings of Amer. Antiq. Soc., 1873, p. 113. See also 2 Palfrey's Hist. N. E., p. 598.
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with his company, and landed here two hundred and fifty years ago this day. We have no information of what transpired on the voyage, except that they had a prosper- ous journey, and safe arrival, and that Endicott sent back a good report of the country, which inspired his friends at home with a new zeal.
The learned and venerated historian of New England, Dr. Palfrey, who, to the qualities of an accurate and pro- found student of history, adds the graces of a vigorous oratory, in a speech delivered at the Danvers Centennial Celebration in 1852, said : "When the vessel which bore the first Governor of Massachusetts was entering the harbor of Salem, she was anxiously watched from the beach by four individuals, styled, in the quaint chronicles of the time, as 'Roger Conant and three sober men.' The vessel swung to her moorings, and flung the red cross of St. George to the breeze, a boat put off for the shore, and, that the Governor might land dry shod, Roger Conant and 'his three sober men' rolled up their panta- loons,-or rather their nether garments which we in these degenerate days call pantaloons,-waded into the water, and bore him on their shoulders to the dry land."8 In behalf of the patentees, he thus took possession of the territory described in the Patent.
Here, upon this spot, and at that hour, Massachusetts began her career. The Royal Charter on the foundation. of the Patent was yet to be obtained, the officials to ad- minister its authority, its governor and assistants were yet to be chosen and sworn into office. Its church, its courts, its laws, its policy, were yet to be established, erected, and declared. But the corner stone of the tem- ple was laid. A firm and settled authority has since then
8 Danvers Centennial Celebration, p. 130.
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existed here, and amid changes and revolutions, and under the several names of the Colony, the Province, the State, the Commonwealth of Massachusetts, the problem of self-government and of liberty regulated by law has been solved; that liberty so beautifully described by Governor Winthrop, when at the close of his impeach- ment and acquittal, in 1645, he resumed his seat upon the bench. After alluding to the natural liberty which is incompatible and inconsistent with authority, he said : "The other kind of liberty I call civil or federal : it may also be termed moral, in reference to the covenant be- tween God and man in the moral law, and the politic covenants and constitutions amongst men themselves. This liberty is the proper end and object of authority, and cannot subsist without it; and it is a liberty to that only which is good, just and honest. This liberty you are to stand for with the hazard (not only of your goods, 'but) of your lives, if need be. Whatsoever crosseth this is not authority, but a distemper thereof. This liberty is maintained and exercised in a way of subjection to author- ity ; it is of the same kind of liberty wherewith Christ hath made us free."" These are noble and stirring words, . and when the children of the Puritans forget them, their heritage will pass away like a scroll.
The instructions to Endicott, signed by his associates, John Venn and others, which were dated a short time before he sailed, are lost. Hutchinson, who apparently had them before him when he wrote his history, says, . that "all the affairs of the Colony were committed to his care."10 What was then the organization of the patentees in England does not appear, and it may be doubted whether they contemplated any permanent organization,
92 Life and Letters of John Winthrop. 341.
10 1 Hutchinson's History of Massachusetts, 16.
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until their plans were so far matured that they were ready to ask for, and able to maintain, a royal charter. The ex- pedition they sent out was thus entrusted . to Endicott, probably with full powers, as he is spoken of in the Planters' Plea by John White, who was one of his asso- ciates, and signed his letter of instructions, as having been "sent over Governor."11 They evidently intended to provide and send to him ministers, a copy of the Patent under seal, and a seal as a sign of his author- ity ;12 though the vessel that bore the ministers did not sail till after the Charter was granted.
That Endicott did exercise full authority after his arri- val is evident from his acts. He alloted lands to settlers, and Higginson the next year found a large number of per- sons settled at Salem, with houses and lands inclosed. He says : "We found about half a score of houses, with a fair house newly built for the Governor."13 And it may fairly be presumed that Endicott maintained order and exercised command. Before the winter an exploring party made or prepared to make a settlement at Charles- town ; and Endicott himself conducted an expedition to Merry Mount, which he called Mount Dagon, within the jurisdiction of the Patent, cut down the May pole of Morton's companions, rebuked them for their profaneness, and admonished them "to look there should be better walking."14
That he exercised a ruler's authority within his juris- diction, and was most judicious in his dealings with the Indians, is apparent from the fact the General Court in 1660 confirmed, contrary to their custom, a grant of land
11 White's Planters' Plea, c. 9, p. 43 in 2 Force's Hist. Tracts. 3 Arch. Amer., XX. XxVi. 2.
12 1 Mass. Col. Rec., 24, 383.
13 Young's Chron. of Mass., 258.
1+ 1 Palfrey, Hist. N. E., 289. Morton's N. E. Memorial, 137.
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by the Indians to John Endicott, Jr. ; "considering the many kindnesses that were shown to the Indians by our honored Governor in the infancy of these plantations for the pacifying the Indians, tending to the common good of the first planters, in consideration whereof the Indians were moved to such a gratuity unto his son."15 The old planters were not altogether satisfied with the advent of a new company in which they had no part; but all diffi- culties with them were adjusted, and as if to commemo- rate the happy settlement, and as typical of the peace that followed, the Indian name of Naumkeag was changed . to Salem; and at a General Court afterwards convened by Endicott, in June, 1629, they were "all combined together into one body politic, under the same Gover- nor." 16
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The story of the first winter is a tale of exposure, pri- vation, sickness, and death. Though less severe than the terrible sufferings of the pilgrims at Plymouth, it was greater than that which visited the larger company which came over two years later with Winthrop. The dire dis- tress of the settlers led to the visit of Fuller from Ply- mouth, and that friendship began which ever after existed between the Colonies to the time of their union under the Province Charter. Endicott's wife died, and doubtless under the influence of that great affliction, he wrote a touching letter to Bradford in which he says: "It is a thing not usual that servants of one master and of the same household should be strangers. I assure you I desire it not. Nay, to speak more plainly, I cannot be so to you. God's people are all marked with one and the same mark, and have for the main one and the same heart, guided by one and the same spirit of truth; and
15 4 Mass. Col. Rec., Pt. 1, 427.
16 Young's Chron. of Mass., 259. Thornton's Landing at Cape Ann, 68.
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where this is, there can be 10 discord, nay, here must needs be a sweet harmony."17
: But during all his trials and dangers, his courage did not fail. We have none of the letters he wrote home, but we can gather from the replies he received, and from the annalists of the time, that his words were hopeful and confident, giving encouragement to his associates, and enabling them to enlarge both their means and their num- bers. Cradock, whose name first appears at this time as a patentee, wrote to him in behalf of the whole, thanking him for the "large advise" contained in his letters, and giving assurance that they "intend not to be wanting by all good means to further the plantation."18 This letter contains many suggestions, but no positive commands in regard to Endicott's administration of affairs, showing that they relied mainly on his discretion and judgment. And in pursuance of this promise, six vessels sailed from England in April, 1629, and arrived in Salem the following June, bearing a large number of colonists with cattle, food, arms, and tools. Among the passengers came Higginson and Skelton, destined to be the first ministers of the church founded at Salem. Previously to this embarkation, the Charter was granted, but of this Endicott probably had no notice until their arrival. A new government was to be established; and with the arrival of this fleet, the first stage in the history of the Colony may be said to have closed.
While these events transpired here, the Charter had been obtained in England. It was dated March 4, 1629, and granted and confirmed to Sir Henry Roswell and the other patentees named in the Patent, and twenty asso-
17 Memoir of John Endicott by C. M. Endicott, Esq., p. 27. Morton's N. E. Me. morial, p. 143.
18 1 Mass. Col. Rec., 383.
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ciates, the same territory, to hold by the same tenure, and made them "a body corporate and politic, in fact and in name, by the name of the Governor and Company of the Massachusetts Bay in New England."19
There has been some difference of opinion among his- torians respecting the character of the corporation thus created .. But a careful examination of the provisions of the Charter leads irresistibly to the conclusion that it does not establish a corporation merely for the purpose of trade and traffic, but was intended to be the constitution and foundation of a political government.
It appoints from among the grantees a governor, Mat- thew Cradock, a deputy governor, and eighteen assistants by name, with power to nominate and appoint as "many others as they shall think fit and that shall be willing to accept the same, to be free of the said company and body, and them into the same to admit." The persons thus appointed became members of the corporation, having the power annually to choose the governor, deputy gover- nor, and assistants, and they are styled in the Charter and were known in the subsequent history of the Company as the freemen. To the governor, deputy governor, . assistants and freemen assembled in general court, the Charter gives the power "from time to time to make, ordain and establish all manner of wholesome and reasona- ble orders, laws, statutes, and ordinances, directions and instructions" not contrary to the laws of England; in- cluding the "settling of the forms and ceremonies of government and magistracy, fit and necessary for the said plantation and the inhabitants there, and for naming and . styling of all sorts of officers, both superior and inferior, which they shall find needful for that government and
101 Mass. Col. Rec., 3.
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plantation, and the distinguishing and setting forth of the ·several duties, powers, and limits of every such office and place."
It also provides for the forms of their oaths, and "the disposing and ordering of the elections of such of the said officers as shall be annual, and of such others as shall be to succeed in case of death or removal;" and that "these our letters patents or the duplicate or exemplifica- tion thereof shall be to all and every such officers, superior and inferior, a sufficient warrant and discharge ;" and it declares "that all and every such chief commanders, cap- tains, governors, and other officers and ministers," as should be appointed by the governor and company, "either in the government of the said inhabitants and plantation, or in the way by sea thither, or from thence, according to the natures and limits of their offices and, places respectively," should "have full and absolute power and authority to correct, punish, pardon, govern and rule" all English subjects inhabiting said plantation or voyaging thither or from thence, according to the orders, laws, and instructions of the company. And the chief commanders, governor, and officers for the time being resident in New England are empowered for their defence and safety "to encounter, expulse, repel and resist by force of arms, as well by sea as by land, and by all fitting ways and means whatsoever, all such person and persons as shall at any time hereafter attempt or enterprise the destruction, inva- sion, detriment or annoyance to the plantation or inhabi- tants ;" and to capture their persons, ships, munitions, and other goods.
These provisions of the Charter are fully recited, that the character of the government authorized to be estab- lished here by the Company in England, may be disclosed, and the extent of the powers afterwards delegated to Endicott and his Council, may be understood.
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The Company was duly organized in England, and the Governor, the Deputy Governor, and Assistants, took the oaths of office ; a committee was appointed to write to Endicott and to make orders and powers for the govern- ment of the Colony. Such a letter was prepared, directed to Endicott and his Council, and forwarded to him by the ships which carried Higginson and his companions, ac- companied by duplicates of the Charter and the seal of the. Company.20 The letter informed him that a Charter had been obtained, that he had been "confirmed " Gover- nor, and that they had provided him with a Council. Many suggestions are made and wishes expressed in regard to particular matters, but no positive orders are given. The whole government of the Colony was by this letter intrusted to Endicott and his Council ; and the letter states, "to the end that you may not do anything contrary to law nor the power granted us by his Majesty's Patents, we have, as aforesaid, sent you a duplicate of the letters patent, under the great seal of England, ordering and requiring you and the rest of the council there not to do anything, either in inflicting punishment on malefactors, or otherwise, contrary to or in derogation of said letters . patent ; but if occasion require, we authorize you and them to proceed according to the power you have." In case of Endicott's death, Mr. Skelton or Mr. Sharpe is named to take charge of affairs, "and to govern the people according to order, until further order." And in commit- ting to the discretion of Endicott and his Council, the maintenance of their privileges against the claims and interference of John Oldham and his adherents, the caution is given, that "the preservation of our privileges will chiefly depend (under God) upon the first foundation of our government."
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201 Mass, Col. Rec., 37º, 371, 386.
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There can be no question that the appointments thus made and the powers conferred were but preliminary to a more formal election, and a more specific delegation of authority. They were probably sent forward at the time, because of the opportunity afforded by the sailing of Hig- ginson and others, who were to be of the Council.
On April 30, 1629, a general court was held, the letter sent a few days before was confirmed, orders were drawn up and an election had.21 The record recites that the Company "thought fit to settle and establish an absolute government at our plantation in the said Massachusetts Bay in New England," to consist of thirteen persons, resi- dent on the plantation, who should "from time to time and. at all time hereafter have the sole managing and ordering of the government and our affairs there," and "be entitled by the name of the Governor and Council of London's Plantation in the Massachusetts Bay in New England. And having taken into due consideration the merit, worth, and good desert of Captain John Endicott, and others lately gone over from hence with purpose to reside and continue there, we have with full consent and authority of this court, and by erection of hands, chosen and elected the said Captain John Endicott to the place of present Governor in our said Plantation," for one year after he should take the oath of office (which was sent out to be administered to him in New England), or until the Com- pany should choose a successor. At the same time they elected seven members of the Council (Francis Higginson and others who had recently sailed), and gave to the Governor and the seven authority to elect three more ; and, to complete the thirteen who were to compose the government, the former or old planters residing within the limits were empowered to name the remaining two
211 Mass. Col. Rec. 37, 361.
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members. To the government thus erected power was given to elect one of their number deputy governor, to make: choice of a secretary and other necessary officers, and to fill vacancies caused by death or removal from office for misdemeanors or unfitness. Under the power derived from the Charter and in nearly the same words, the Governor and Council in New England were authorized "to make, ordain, and establish all manner of wholesome and reasonable laws, orders, ordinances, and constitutions (so as the same be no way repugnant or contrary to the laws of the realm of England), for the administering of justice upon malefactors, and inflicting condign punish- ment upon all other offenders, and for the furtherance and propagating of the said plantation, and the more decent and orderly government of the inhabitants resi- dent there." 22
A more complete delegation of the law-making power to a political government could not well be framed; and substantially the same words are used in conferring it on the Legislature in the Province Charter, and in the Con- stitution of the Commonwealth.23 The forms and . cere- monies of government and magistracy necessary for the plantation, the chief commanders, captains, governors, officers, and other ministers, named in the Charter, to whom were intrusted full power to correct, punish, par- don, govern and rule all English subjects resident in New England, or on the way thither or from thence by sea, according to the nature and limits of their powers and offices, and to whom the authority is given to wage defen- sive war, were by this act declared and appointed, and the Governor and Council of London's Plantation in
22 See also Letter to Endicott, May 28, 1629. 1 Mass. Col. Rec., 398.
23 Anc. Chart., 32, 33. Const. of Mass., Ch. 1, Sec. I, Art. IV.
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Massachusetts Bay in New England invested with the powers of the Company, under the Charter, to make such . laws as the Company might make.
It is also to be observed that, while the form of the oath to be administered to the Governor of the Company in England binds him to execute the statutes and ordi- nances made by the authority of the assistants and freemen of the Company, the oath to be taken by " the Governor beyond the sea " omits this clause, and, after stating that he shall support and maintain the government and Com- pany, declares,, that " Statutes and ordinances shall you none make without the advice and consent of the Council for the government of the Massachusetts Bay in New England."24 This clearly refers to the Council on the spot, which had been appointed as a branch of the gov- ernment here ; and evidently contemplates that the laws, by which the Colony was to be governed, were to be . enacted by Endicott and his Council. That it was the intention of the Company to clothe the government in New England with power to admit freemen is manifested by another clause in the Governor's oath, which states " you shall admit none into the freedom of this Company but such as claim the same by virtue of the privileges thereof." The oath to be administered to the Governor of the Company in London contains a similar clause. None of the powers conferred by the Charter, and essen- tial to the proper and efficient government of the Colony, seem to have been withheld.
But it is not to be supposed that the Company in Lon- don intended to surrender the whole legislative authority to the government thus established in New England, without any power to restrain it, if it should exceed or
24 1 Mass. Col. Rec., 39, 349, 351, 399.
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unwisely execute its trust. And that they might be in- formed of the conduct of the government here, and the character of the laws which it enacted, it was provided in the vote, which conferred the law-making power on Endicott and his Council, that copies of all laws should " from time to time be sent to the Company in London." 25
It does not appear that the Company passed any other orders or laws in England for the government of the Colony here (except the orders for the apportionment of land to settlers, and for the observance of the Sabbath ) ,26 or in regard to any law enacted here under Endicott ; and, as before stated, the language of the several letters of instruction is rather of suggestion than command.
To the Governor and Council thus set up in New England, complete power was delegated to administer a political government, to make laws, to appoint officers, and to admit as freemen of the Company, those who claimed the same by virtue of its privileges ; the Company of course retaining in itself the power to change the government, appoint new officers, and repeal or change any laws which might be enacted.
The right of the Company under the Charter to make · this delegation of power cannot be disputed. On this point the Charter is explicit ; the clause which gives to chief commanders, captains, governors, and other officers in New England appointed by the Company, the power to correct, punish, pardon, govern and rule all English subjects there resident, clearly indicates that it was the intention of the Charter to authorize such delegation, and to establish in the persons so appointed the highest func- tions of government, to which is added the power to wage .
25 1 Mass. Col. Rec., 38.
:41 Mass. Col. Rec., 42, 363, 399.
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defensive war by sea and land without order from or re- course to the Crown. 27
That this government was at the time intended to be permanent, there would seem to be no question. There is no evidence that a removal of the Company in London with the Charter was then considered or thought of. The first mention of such a project was made some months later by Cradock.28 Indeed Winthrop and other persons of note and fortune, upon whose accession to the Com- pany the removal afterwards took place, were not then members, and had taken no part in the enterprise.29
We cannot fail to see, in this large grant of power to a subordinate government, that purpose, so soon to be more distinctly manifested, of establishing a state independent and complete in itself; owing no duty to the Crown of England, except so far as the Charter compelled it to pay one-fifth part of all precious metals found in the soil to the King, and forbade them to make laws repugnant to those of England. This was the construction put upon the Charter by the founders of Massachusetts, and guided their policy for fifty years.
Such was the character of the government erected here. The records of Endicott's administration are not known to be in existence, and there is no direct evidence when he took the required oaths. But it appears from various sources, that he held courts, councils, and elections, granted lands, made laws, and regulated the civil and religious affairs of the Colony, under his appointment by the Company, from the time of Higginson's arrival, until
27 1 Mass. Col. Rec. I8. 1 Hutchinson's Hist. Mass. 20, 366. 1 Chalmer's Annals, 142.
28 ] Mass. Col. Rec., 49. See remarks by Charles Dean, Esq., on " The Forms of issuing Letters Patent by the Crown of England," Mass. Hist. Soc. Proceedings, Dec., 1869, pp. 166, 179, 180. .
22 Young's Chron. of Mass., 281, 282.
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he was superseded by Winthrop in the summer of 1630 ; 30 indeed there is no record of any other authority exercised in the, Colony, until the first court held by Winthrop in August of that year.
Two events took place in Salem during Endicott's ad- ministration, worthy of special notice ; the establishment of the first church in the Colony, and the return of the Brownes to England.
The arrival of Skelton and Higginson, who were non- conforming ministers of the Church of England, and the spiritual needs of the colonists settled at Salem, led to the immediate organization of the first church of the Col- ony, which still exists as the First Church of Salem. It was a most important event, and determined the constitu- tion of all the churches in New England.
It is not practicable here to point out all the distinc- tions of faith and doctrine, or to enumerate the sects which divided those engaged in resisting the assumptions · and claims of the Church of England. It is sufficient to say that the Puritans who founded the Colony, and their friends who were struggling for religious freedom at home, were not separatists, but nonconformists. It was no new struggle ; it had divided the church during
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