Chapter 45

The Puritan Immigration--Wealth and Learning Seek These Shores--Charter Restrictions Dead Letters--A Stubborn Struggle for Self-government-- Methods of Election--The Early Government an Oligarchy--The Charter of 1691--New Hampshire and Maine--The New Haven Theocracy--Hartford's Constitution--The United Colonies--The Clergy and Politics--Every Election Sermon a Declaration of Independence.

John Endicott's settlement at Salem, and the large immigration which followed the granting of a royal patent to the Massachusetts Bay Company, together with the transfer of the charter and corporate powers of the company from England to Massachusetts, led to the growth of a powerful Puritan commonwealth which overshadowed and ultimately absorbed the feeble settlement at Plymouth. The natal day of New England was that on which John Winthrop landed at Salem, with nine hundred immigrants in the summer of 1630, bringing not merely virtue, muscle and brawn, such as carried the Pilgrims through their appalling experience, but wealth and substance, learning and art, men to command as well as men to obey. From that time, except during the season of depression which followed King Philip's war, New England went steadily forward in population, prosperity and political power. Her rulers were well able to meet and defeat their would-be oppressors in the field of diplomacy, and now defying, now ignoring and again pretending to yield to royal dictation, Massachusetts never gave up the principles which animated her founders, or the purpose which prompted them to abandon homes of comfort and even of luxury, and establish new institutions in a new world. The Massachusetts settlers were forbidden by the terms of their charter to enact any laws repugnant to the laws of England. This restriction was a dead letter from the very beginning. Indeed, literally construed, it would have defeated the very object of Puritan emigration--to escape from the rule of a hierarchy established under English laws. As Massachusetts was for many years the leading colony of the north of English origin, and probably made more of an impress than any other colony and State upon our national character, it may be of interest to quote here a sketch of its political institutions and their changes in the colonial period.

The charter of the Massachusetts Bay Company authorized the election of a governor, deputy governor and eighteen assistants on the last Wednesday of Easter. Endicott, the first governor, was chosen by the company in London in April, 1629, but in October of the following year it was resolved that the governor and deputy governor should be chosen by the assistants out of their own number. After 1632, however, the governor was chosen by the whole body of the freemen from among the assistants at a general court or assembly held in May of each year. The deputy governor was elected at the same time. The charter, as already mentioned, provided also for the annual election of assistants or magistrates, whose number was fixed at eighteen. Besides the officers mentioned in the charter, an order of 1647 declared that a treasurer, major-general, admiral at sea, commissioners for the United Colonies, secretary of the General Court and "such others as are, or hereafter may be, of like general nature," should be chosen annually "by the freemen of this jurisdiction." The voting took place in Boston in May at a court of election held annually, and freemen could vote at first only in person, but eventually by proxy also, if they desired to do so. In both Massachusetts and New Plymouth all freemen had originally a personal voice in the transaction of public business at the general courts or assemblies which were held at stated intervals. One of these was known as the Court of Election, and at this were chosen the officers of the colony for the ensuing year. As the number of settlements increased, it became inconvenient for freemen to attend the general courts in person and they were allowed to be represented by deputies. As it was impossible for all freemen when the colony became more populated, to attend the courts of election, the deputies were at length permitted to carry the votes of their townsmen to Boston.

The governor, as well as the other officers in Massachusetts, were first chosen by show of hands, but about 1634 it was provided that the names should be written on papers, the papers to be open or only once folded, so that they might be the sooner perused. Afterward the voting was by corn and beans, a grain of Indian corn signifying election, and a black bean the contrary. The offence of ballot-box stuffing seems to have existed, or at least was provided against even among the early Puritans, for it was enacted that any freeman putting more than one grain should be fined ten pounds--a large sum of money in those days.

The Massachusetts colonial government has been called a theocracy. As a matter of fact it was an oligarchy, the political power residing in but a small proportion of even the church-going freemen. This is shown in the remonstrance addressed to the colony by the royal commission appointed under King Charles II. to investigate the governments of the New England colonies. Said the Commissioners to Massachusetts:

"You haue so tentered the king's qualliffications as in making him only who paieth ten shillings to a single rate to be of competent estate, that when the king shall be enformed, as the trueth is, that not one church member in an hundred payes so much & yt in a toune of an hundred inhabitants, scarse three such men are to be found, wee feare that the king will rather finde himself deluded than satisfied by your late act."

During the rule of Dudley and Andros the whole legislative power of Massachusetts was lodged in a council, appointed by the crown through its governor, and popular election in the New England colonies was limited to the choice of selectmen at a single meeting held annually in each town, on the third Monday in May.

The ultimate result of the revolution of 1688 in England was to unite Massachusetts and New Plymouth under the Charter of 1691. By virtue of this instrument, "the Great and General Court of Assembly" was to consist of "the Governor and Council or Assistants for the time being, and such Freeholders of our said Province or Territory as shall be from time to time elected or deputed by the Major parte of the Freeholders and other Inhabitants of the respective Townes and Places." The governor, deputy governor and secretary and the first assistants were appointed. After the first year, the assistants were to be annually elected by the General Assembly. Under this charter, with the exception of the deputies, the only elective officers whose functions were at all general in their nature were the county treasurers, and they were chosen upon the basis of the town rather than upon the basis of the provincial suffrage.

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New Hampshire owed its original settlement to John Mason, a London merchant, who was associated with Sir Ferdinand Gorges in obtaining a grant of land in 1622, from the Merrimac to the Kennebec and inland to the St. Lawrence. Gorges and Mason agreed to divide their domain at the Piscataqua. Mason, obtaining a patent for his portion of the territory, called it New Hampshire, in commemoration of the fact that he had been governor of Portsmouth in Hampshire, England. The Rev. Mr. Wheelwright, brother of Anne Hutchinson, founded Exeter. The New Hampshire settlements were annexed by Massachusetts in 1641, and remained dependent on that colony until 1680, when New Hampshire became a royal province, ruled by a governor and council and house of representatives elected by the people. The settlers of New Hampshire were mostly Puritans, and thoroughly in sympathy with the political-religious system of Massachusetts. Massachusetts obtained jurisdiction over Maine through purchase from Gorges, and that territory remained attached to Massachusetts until 1820. Vermont had no separate existence until the Revolution.

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The colonies of Connecticut and New Haven were in full sympathy with the religious and political system of Massachusetts. The first meeting of all the "free planters" of New Haven was held on the fourth day of June, 1639, for the purpose "of settling civil government according to God, and about the nomination of persons that might be found by consent of all, fittest in all respects for the foundation work of a church." The meeting was opened with prayer. There was some debate as to whether the planters should give to free burgesses the power of making ordinances, but it was ultimately decided to do so. The minutes of the meeting show that this decision was arrived at on the authority of several passages from the Bible--such as "Take you wise men and understanding, and know among your tribes and I will make them rulers over you," and "Thou shalt in any wise set him king over thee whom the Lord thy God shall choose; one from among thy brethren shalt thou set king over thee; thou mayest not set a stranger over thee, which is not thy brother." The model followed in the governmental organization was the liveries of the city of London which chose the magistrates and were themselves elected by the companies. Accordingly, the planters of New Haven elected a committee of eleven men, and gave them power to choose the seven founders of the theocracy they had decided to establish. The seven founders met as a court of election in October of the same year and admitted upon oath several members of "approved churches." After reading a number of passages from the Bible bearing on the subject of an ideal ruler, they proceeded to the election of a chief magistrate and four deputy magistrates. The franchise in all cases was confined to church members. In the Hartford colony, which was Connecticut proper, the earliest mention of elections is found in the Fundamental Orders of 1638, which have become famous as the first written constitution framed on the American continent. It was enacted that a governor and six magistrates should be chosen annually by the freemen of the jurisdiction. A deputy governor was also chosen. The Charter of Charles II., which placed the New Haven and the Hartford colonies under one government, provided for the same general officers, together with twelve assistants, a secretary and a treasurer being added in 1689.

In 1643, the four colonies of Massachusetts, Plymouth, Connecticut and New Haven formed a confederation for defence against the Indians and also the Dutch, who had claimed that a portion of what is now the State of Connecticut was included within their jurisdiction. The confederation was called the United Colonies of New England, and its affairs were managed by a board of eight commissioners, two from each colony. The commissioners could summon troops in case of necessity and settle disputes between the colonies. This union proved most effective in the subsequent war with King Philip. It was the germ of American confederation.

The election sermon was a prominent feature of election day in the Puritan colonies. The clergyman to deliver the sermon was selected by the freemen, and it was considered a great honor to be chosen for the office. The preacher often dealt with public questions, and especially during the troublous times which preceded the Revolution. Instead of pastors being blamed for interference in politics the General Court sometimes sent a general request to all ministers of the gospel resident in the colony asking them to preach on election day before the freemen of each plantation a sermon "proper for direction in the choice of civil rulers." The pulpit in that age held the place now occupied by the newspaper editorial page, so far as vital questions affecting the body politic were concerned. The clergy were, as a class, learned and eloquent, and the freemen looked to them for guidance in political as well as religious problems, and it cannot be denied that the ministers never shrank from the responsibility put upon them. They stood up for the colonies against king and parliament, against royal menace and muskets, and for years before the Continental Congress pronounced for freedom every election sermon was a declaration of independence.