Yale University Library 39002003576494 ^V-W ^*.': C^^.^^3 ^g3Mm ,%?yfi-i^n ^) cj^U7'(,€t^ y/fn JOHN ADAMS THE STATESMAN OF THE AMERICAN REVOLUTION WITH OTHER ESS A YS AND ADDRESSES HISTORICAL AND LITERARY MELLEN CHAMBERLAIN, LL.D. Formerly Librarian of tfie Boston Public Library BOSTON AND NEW YOEK HOUGHTON, MIFFLIN AND COMPANY (Srfje mioecgiiit fze^0, Cambtibge 1898 COPyniGHT, 1898, BY MELLEN CHAMBERLAIN ALL BIGHTS EESEEVED ce-^.z33 PREFACE Having come to that time of life when one does not readily assume new cares, the author of these papers has asked me to arrange them, to make such slight modifications as seemed needful, and to answer for their safe conduct through the press. Aside from the pleasure of serving Judge Cham berlain, if I may, it gives me great satisfaction to be instrumental in bringing this volume to the light. The least among many persistent friends, I have long thought that these scattered fragments should be sheaved in some permanent and accessible form. In this case the " solicitations of others " is no empty expression, behind which timorous authorship is often glad to protect itself. It would be easy, if it were desirable, to produce from letters, written by men of eminence, urgent requests that a larger public might be given the opportunity to become acquainted with material heretofore only available to the few through limited editions. Of one review, here reprinted, an historian of note, writing to an editor, says that it is the best piece of criticism made in this country " in our time ; " and a well-known statesman, in express ing his regret that Judge Chamberlain had not earlier devoted himself to historical effort, announces his iv PREFACE belief that an adequate interpretation of the history of New England would have been the sure result. Without an exception the contents of this volume were written by one who, up to his sixtieth year, had been mainly engrossed in professional cares at the bar and on the bench. He had, however, studied and thought wholly for himself, wbere most men talk and print the thoughts of other people. As a result, when he came to express himself for the first time in print in his full maturity, he had learned to dis card all irrelevaneies, and to view men and events without prejudice and violence. I do not readily recall another instance of so long a reticence on the part of one naturally inclined to forcible expression. I especially desire to call attention to the unusual substance of these essays — since essays they really are ; for although most of them are nominally ad dresses, they are not the addresses of an orator who merely graces an occasion. To have forced the recog nition within a decade of a fresh hypothesis in Amer ican history, beset as our estimates of that history are with reserves and mannerisms, is no slight achieve ment. To-day, however, historians, when they cast up their balances, have to, reckon in Judge Cham berlain's opinions on ecclesiasticism as a factor in pre-revolutionary affairs. I cite this as one only of several important contributions to historical thought. Another side of Judge Chamberlain's life and charactei" is seen in the papers standing toward the end of the volume, in which he has expressed his PREFACE V views on literature and on the aesthetic and poetic considerations of life. His defense of imaginative literature is in gracious contrast to the severity of his attitude toward emotional and merely popular views of history. It is quite possible that the literary reviewer will find in these pages repetitions of cherished theories ; but that is almost inevitably incidental to papers of such a character, and it has not seemed necessary to bring everything to the gauge of consistency and per fect form. My task has hardly been more than that of select ing these papers, presumably of greatest general in terest, from among numerous others, and of grouping these efforts in what I have supposed to be the most effective way ; but in doing this there has revived within me a sense of obligation to a man who insensi bly steered me away from unsubstantial methods and showed me the value of moderation, candor, and entire independence of judgment. No attempt is made to give citations to many recent articles and replies to some of the more controversial papers, as, for instance, the "Authentication of the Declaration of Independence." Four of the articles have been printed, one each in the "Andover Review," the "Dartmouth Literary Monthly," the "Century Magazine" and the "Na tion," and appear in this volume by the courtesy of the editors. " The Revolution Impending," a paper of the first VI PREFACE importance, is here reluctantly omitted ; but it may be found in vol. vi. of the " Narrative and Critical History of America." It has even been thought the strongest of Judge Chamberlain's writings. Charles Borgeaud, in his " Etablissement et Revision des Constitutions en Amerique et en Europe," says of a passage which he quotes at length, " It would be difficult to indicate more clearly the real character of the American Revolution." Lindsay Swift. CONTENTS PASS John Adams, the Statesman op the American Eevolu- TION 1 Authentication op the Declaration of Independence , 97 Constitutional Relations or the American Colonies to THE English Government 135 Eemarks on the new Historical School 167 Genesis op the ]\1assachusetts Town 187 Political Maxims 229 Remarks before the Sons op the American Revolu tion, Concord, April 19, 1894 243 Palfrey's People of New England 258 McMasteb's History op the People op the United States 269 Josiah Quincy, the Great Mayor 297 Daniel Webster as an Orator 329 Remarks at the Dedication op a Statue of Daniel Webster, Concord, N, H,, June 17, 1886 343 A Glance at Daniel Webster 357 Landscape in Life and in Poetry 369 The Scope op a College Library, Address at the Dedi cation OP Wilson Hall, Dartmouth College Library. 389 The Old and the New Order in New England Life AND Letters, Address at the Dedication op the Brooks Library Building, Brattleborough .... 427 Imaginative Literature in Public Libraries, Address at the Dedication op the Woods Memorial Library Building, Babre 467 JOHN ADAMS THE STATESMAN OF THE AMERICAN REVOLUTION As Address before the Webster Historical Society January 18, 1884 JOHN ADAMS THE STATESMAN OF THE AMERICAN REVOLUTION John Adams entered public life with the first ses sion of the Continental Congress, which met at Philadelphia, September 5, 1774, and re- ^^on"""^ mained in the service of the country almost P^iblio uninterruptedly until the close of his admin istration, March 4, 1801. Of this period, nine years were covered by the American Revolution, in which he took a leading part and held it with undiminished zeal and constancy until the Treaty of Peace in 1783, It is this part of his life of which I am to give some account. His influence during this period of national history was mainly due to his ability ; but he was fortunate in the time at which he intervened in public affairs, as also in the character of the colony from which he was a delegate to the Congress. Of his great contemporaries, Franklin was not a member until the next spring, and after a little more than a year's service he went abroad on his French mission ; neither was Jefferson, who in later years, as a political rival, drew the great body of the people to his way of thinking on national subjects ; nor until eight years had passed away was Hamilton, of marvel ous genius for statesmanship. Washington entered 4 JOHN ADAMS AND THE REVOLUTION the Congress with John Adams, and on his suggestion a year later was transferred from civil life to the head of the army. Of the Congress of 1774, Edward Rutledge and John Jay were younger than John Adams ; but the greater part of the delegates were of an age which brings disqualifications for parliamentary leadership. John Adams was thirty-nine years old, and in the prime of his great powers. Peculiarities of temper, which in later years impaired his influence, at this time were a help rather than a hindrance. It must also be counted as his good fortune that he came from Massachusetts Bay; for though that colony was re garded with distrust and dislike by the middle and southern colonies, there were facts in her history, as well as something in the character of her people, which gave potency to her voice in the national councils and weight to John Adams as her leading representative. Under such circumstances John Adams entered Congress, which he attended through the sessions of four years. During this period of revolution, which was also the period of necessary constitutional recon struction, he rendered services such as no other states man rendered, and more widely, more profoundly, and, unless present indications prove fallacious, more per manently impressed the political institutions of the country than any other man who has ever lived in it ; and by reason of these services he became entitled to rank as the preeminent statesman of the Revolution. My object is to show by what endowments, by what acquisitions, and by what use of his powers, can be justly claimed for John Adams the first place among such statesmen as Samuel Adams, John Jay, Thomas Jefferson, and even Benjamin Franklin. JOHN ADAMS AND THE REVOLUTION 5 There were no congressional reporters in those days. The members were pledged to secrecy. The journals are neither full nor accurate, and even John Adams's own diary fails us at some of the most critical and interesting points ; yet his services in their results are historically clear and not difficult of estimation. It is more difficult, however, to estimate the character of the statesman who rendered these services ; for though his purposes were single and his methods simple and direct, his character was complex. In cer tain aspects it seems to belong to no known type of the English race, nor can it be described in a phrase. Here was a man born and bred in a narrow, pro vincial sphere, remote from the centres of liberal thought, untraveled, and separated oharao- by the ocean from those movements which so *®"^*i°^- powerfully affected European society in the middle of the eighteenth century ; and yet, in rare combination and large measure, he included in his character, and exhibited by his life and action, the best influences of the Reformation, in which those movements had their remote origin. Acknowledging the supremacy of con science, and yielding implicit obedience to the claims of natural and revealed religion, he recognized its es sential unity under all its varied forms of manifesta^ tion, and was free from the slightest trace of bigotry or sectarian narrowness. He believed in civil and religious liberty as inherent rights of the people, but under subjection, as are the forces of nature, to an intelligent and ever-active principle of law, which is Milton's idea of liberty. He was a provincial, with all the traditions of provincialism ; and yet, undenia bly, he was the foremost advocate and most efficient promoter of nationality. Before the colonies had de- 6 JOHN ADAMS AND THE REVOLUTION clared themselves independent, and for the purpose of promoting that measure, he advocated the formation of state constitutions, and the severing of one tie which bound them to the mother country ; and later, when the great Declaration had gone forth, he strove for a closer union and the semblance, at least, of a national government under the Articles of Confedera tion. Finally, when the war had closed and the terms of peace were under discussion, he, more than any other, secured to the nation the old colonial rights in the fisheries of Newfoundland, opened to navigation the mouth of the Mississippi when under doubtful jurisdiction, pushed the national boundaries from the AUeghanies to the great river, from the Ohio to the central line of the northern lakes, from the Kennebec to the St. Croix, and yielded the Canadas only to the necessities of peace. It is an original, not an acquired, character we have to consider. His breadth of understanding and liberal views were not exhibited for the first time after he had left his native province for the wider theatre of national activity, nor when he had been in con tact with speculative thought in Europe, but while yet a boy musing upon life and his possible relations to it. John Adams possessed two faculties in a degree which distinguished him among his countrymen, and made him preeminently serviceable In a period of revolution, — the historic imagination which devel ops nationality from Its germ, and clear intuitions of organic constitutional law. In these faculties he has never been surpassed by any American statesman, nor equaled save by him whose name needs no mention in this presence. There Is evidence that from his youth JOHN ADAMS AND THE REVOLUTION 7 he was accustomed to trace the growth and develop ment of nationality In the great epochs of Saxon and English history and to project It under new conditions in America ; and that from the earliest days of the Revolution he saw In the determining force of race tendencies, united with free, independent government, the Inevitable greatness of his country. This gave unity and consistency to his whole public career, In which respect he stands nearly alone among public men of equal rank. It also gave him faith when oth ers doubted, courage when they quailed in the face of danger, and constancy when they lost heart from disasters. In the gloomy days which succeeded the defeats at Brandywine and Germantown, when Wash ington and his army escaped destruction only by the unaccountable remissness of Howe, John Adams said, " These disasters will hurt us, but not ruin us." He had unshaken confidence in the course of free em pire.^ If we now look at some of those moral characteris tics which marked him as a statesman, we shall find certain race traits which he seems to have inherited immediately from his British ancestry, rather than by transmission through his colonial progenitors. He possessed the pluck, courage, and bull-dog tenacity which we ascribe to the English, and which all through their history has stood them In such stead In desperate civil and military encounters, often chang ing lost fields to fields of victory ; and, on the other 1 At a meeting of the American Academy in 1807, at the request of Dr, Abiel Holmes, John Adams wrote on a slip of paper, now in my possession, the foUowing Hnes which he had seen inscribed iu some forgotten place : — " The eastern nations sink ; their glory ends. And Empire rises where the sun descends," 8 JOHN ADAMS AND THE REVOLUTION hand, there was no trace in his composition of the craft, cunning, or selfishness which narrow circum stances and a hundred years of contest with a treacherous and skulking foe are supposed, justly or unjustly, to have engrafted on the New England character of his day. There was no strategy In his nature. His path led straight to his object, and his movements in it were simple and direct, though not always free from osten tation and self-assertion, not easily understood in so great a man. In his victories we perceive no special skill In plan or science of battle ; but his eye was quick to detect the stress of the engagement, and there his honest blows fell fast and heavy. How clearly he saw the inevltableness of the Issue, and how plucklly for more than a twelvemonth, in Con gress, he fought the fight of the Declaration ; and against what odds — for nothing Is now more clear than this, that neither the Congress nor the people as a whole were quite ripe for It. He carried the measure by sheer force and persistence ; and he was right. Yet it was one of those almost hopeless strug gles in which victory forms an epoch In the history of human progress. This directness of aim and impetuosity of move ment were not the conventional methods, either in the legislation or the diplomacy of his day, and they subjected him to some animadversion from those who respected his honesty and ability. While on his Dutch mission, in 1781, to procure a recognition of our independence and to effect a loan, he shocked the old diplomatists by his memorial to their High Mighti nesses and the Prince of Orange. This was issued against the advice, and even remonstrance, of our JOHN ADAMS AND THE REVOLUTION 9 French allies.^ But it led to ultimate success. I think It will be found that John Adams was always right in his well-considered judgments, and usually so in his measures ; if any part of his conduct was open to criticism, it was his manner.^ When the cause of independence and nationality demanded an orator, — not brilliant declalmers like Henry, Lee, and Rutledge, but one who, with capacity for affairs, could bring powerful and Intrepid advo cacy into council and passionate appeals to patriotic sentiment, — such an orator was found in John Ad ams, the Colossus of debate.^ These special gifts were made effective by a vigor ous and comprehensive intellect and high courage. All his powers were trained, and every opportunity for improvement embraced, with an assiduity not common in America at that day. John Adams at his best was always a statesman ; as a politician he made a very indifferent figure. In his country's ends he always succeeded — always ; and In his own quite likely would always have failed, 1 When copies of it reached America, Madison, writing to Pendle ton, said, " I enclose a copy of Mr, Adams's memorial to the States General, I wish I could have informed you of its being lodged in the archives of their High Mightinesses, instead of presenting it to you in print," — Madison's Letters, i, 54, 2 The memorial above referred to was not promulgated without mature consideration of the whole case. Writing a year later to Francis Dana, our then unaccredited minister to St, Petersburg, Adams said, " I see no objection against your attempt, as you propose, to find out the real disposition of the Empress, or her ministers. You cannot take any noisy measures like those I have taken here. The form of the government forbids it," — 'Works, vii, 544, * The present estimate of Adams does not differ widely from Ban croft's ; but it was formed by a study of Adams's history and writings without reference to Bancroft, who has, it seems to me, overlooked Adams's most marked characteristic, — his historic imagination. 10 JOHN ADAMS AND THE REVOLUTION had he sought any that were merely personal. HIs^ much-derided administration, though conducted under great embarrassments, was useful to the country, and not without its period of national glory ; and the measure which threw his cabinet into confusion was a bold stroke of statesmanship, conceived and per sisted In without regard to party or personal interests. Ambitious, vain, egotistical, self-confident, and jealous, — for he was aU these, as no one knew better or has oftener told us than himself, — these qualities, on a superficial view, detract from the perfection of his character, and have cruelly interfered with his just fame. But they were mere exaggerations of harmless qualities. Beneath them all we can perceive a com plete and well-rounded character, — large, powerful, active, and f uU of humanities, — with more of individ uality than that of any other public man of his day. His_/br^e was action. " I never shall shine," he said, " till some animating occasion calls forth all my powers." When side-tracked In the vice-presidency, or finally ditched at Braintree, the engine puffed and snorted and let off steam in a very unedlfying man ner ; but on a clear course, no matter what the load or what the grades, it moved with the swiftness and verve of the lightning-train — and. It maybe added, with something of its racket. In respect to a man endowed with such rich and varied gifts, we have a rational curiosity to know something of the processes of education and special training by which they were so supplemented that In due time this native of an obscure provincial town came to be regarded as the ablest constitutional law yer of his day and the consummate orator and states man of the Revolution. Nor are we without the means. JOHN ADAMS AND THE REVOLUTION 11 John Adams evidently was not unconscious of his powers, nor without ambition to make them servient to the interests of his country and uou^foT' his own honorable fame. In his youth he public divined the coming empire of America, and formed himself, I think not without prescience, for a distinguished part In Its affairs. His self-examina tion was critical and unsparing. He carefully con sidered his life-work, as well as his own powers. To what had been given him he added much by reading, reflection, and conversation with those more mature than himself. Of his college life we know little ; but on his graduation he entered upon a wide course of study with commendable diligence. His diary tells us that he made himself acquainted with the great poets of antiquity : with Homer, Virgil, Horace, and Ovid. He knew Shakespeare, Milton, Baxter, and Pope, and apparently understood and enjoyed them. Before the adoption of the law as his profession, and for the purpose of determining his choice, he read with attention the works of the great divines, the political and philosophical writers then in vogue, and the authoritative treatises in medical science. When fairly engaged In the study of the law, he pursued It with such success that before the age of thirty he became one of the best-equipped lawyers in America. " The study and practice of law, I am sure, does not dissolve the obligations of morality or of reli gion," so he wrote at the age of twenty, as he was en tering on his course of study ; nor did he ever forget this conviction of his unhurt youth. His work was honest throughout, and he prepared himself honestly for it. He did not gauge his legal studies to the requirements of his native Braintree, where he began 12 JOHN ADAMS AND THE REVOLUTION to practice, nor by those of the metropolis In which he was at one time settled. He aimed, he said, to dis tinguish himself among his fellow-students " by the study of the civil law in its native tongues." With Bracton, Britton, Fleta, GlanvIUe, Coke, and Lord Hale he became familiar, as also with Justinian and the great commentators on the civil law. To these must be added Montesquieu, Blackstone (then re cently published), Voltaire's " Louis XIV.," and, in fine, whatever was within his reach that could en large, enrich, or ' strengthen his understanding for grasping the principles of law and constitutional gov ernment. Following the advice of Gridley, the Nes tor of the bar, " to pursue the study of the law rather than the gain of It," he " labored to get distinct Ideas of law, right, wrong, justice, equity ; to search for them in his own mind, in Roman, Grecian, French, English treatises of natural, civil, common, statute law ; to aim at an exact knowledge of the nature, end, and means of government ; to compare the different forms of It with each other, and each of them with their effects on public and private happiness for the advancement of right ; to assert and maintain liberty and virtue ; to discourage and abolish tyranny and vice." With these added extracts from his diary we have the whole scheme of his life : " Let little ob jects be neglected and forgot, and great ones engross, arouse, and exalt my soul." " I was born for busi ness, for both activity and study. I have little appe tite or relish for anything else. I must double and redouble my diligence." The recorded lives of great statesmen have sometimes made us familiar with the aspirations and purposes of their youth ; but I recall few instances where these were fixed so high, so unde- JOHN ADAMS AND THE REVOLUTION 13 viatingly pursued, and so fully attained by achieve ments which have indelibly Impressed themselves on the happy fortunes of a continent. These principles, made efficient by an intellect of extraordinary power, placed him foremost among the lawyers of his day ; and as we read the history of the country, we learn without surprise that John Adams was also foremost among those who established the freedom and nation ality of America and laid the foundation of its gov ernment.^ When he entered public life, In 1774, he was probably well qualified to conduct causes and ar gue questions of public law before any tribunal sitting at Westminster, and to represent with distinction any English constituency in the House of Commons. Such was the man to whom came his hour ; and he made It an epoch In history. John Adams was too conspicuous to be overlooked among the great men of the country, and the value of his services was acknowledged by his contemporaries ; but I think they were not estimated at their true value. We are in a far better position than they were to do him complete justice. We understand the Revolution Itself In its causes and its progress much more fully than those who were actors In It. The century of the national existence just closed was to them the dark, uncertain future ; to us it has joined the historic past. In it we see events in their rela tions and proportions which to thera appeared Incom plete and sometimes unrelated. 1 John Adams's legal erudition does not, as is so often the case among great lawyers, rest merely upon tradition. His dissertation on the canon and feudal law, written at the age of twenty-nine, is still extant, and may be read with profit even in the light of later studies. It was erroneously attributed to Gridley, and pronounced by Hollis, in England, where it was more than once reprinted, to be " one of the very finest productions from North America," 14 JOHN ADAMS AND THE REVOLUTION But I venture to think that we shall not reach these desirable results unless we unlearn ofThe"'^"^ some things we have been taught, and clear Eevoiu- away some prejudices which have proved so fatal to successful historical research. We seem now far enough removed from the Revolution to study it historically, and not as partisans ; to be per mitted to learn that then, as now, when people divide into parties, not facts, nor right, nor conscience, are wholly on one side.-' Nor does it seem longer neces sary to conceal those facts which do not stand for national honor, or to be compelled to guess them from ambiguous and often disingenuous apologies. It Is hardly exaggeration, however, to say that we can more dispassionately discuss the causes of the late Civil War, and lay bare the motives and conduct of the men and parties engaged In It on either side, than the motives and conduct of men and parties at the begin ning of the Revolution, the intrigues In the Congress, or the convention at Saratoga In 1777. The result of this state of things, growing out of undue solicitude for the reputation of individuals and a patriotic disposition to exalt the successful party, is that we have much history that is neither truthful nor profitable for reproof. Instruction, or guidance. John Adams's fame as a statesman grew out of his services during the American Revolution. In the endeavor to form a just estimate of those services, I have been led to consider that event In Its Inception, progress, and results, and to discover, If possible, the exact relations of John Adams to It. In the prosecu tion of this purpose I have observed some facts which do not appear to me to be sufficiently emphasized, to 1 See Dawson's 'Handbook for the Dominion of Canada. 103, 104, JOHN ADAMS AND THE REVOLUTION 15 say the least, in the histories of that period ; and I have reached some conclusions which require a fuller statement of the grounds on which they rest than Is ordinarily found in an address of this description. It seems to me that we shall fail to appreciate the true character of the Revolution If we restrict Its entirety to the events which transpired between the Stamp Act of 1765 and the Peace of 1783 ; for, thus limited, I am unable to find adequate causes In those events when regarded In their necessary political se quence, or when referred In historical parallelism to other movements of society which have resulted In the disruption of governments. The causes of revo lution are usually remote from the event. No matter on what soil they are planted, the seeds of a new order of government germinate slowly, and only children's children are permitted to repose beneath its branches.! For the history of the Revolution we must go back to the planting of the seeds. John Adams is authority for this view of the subject. " The principles and feelings which contributed to produce the Revolution ought to be traced back for two hundred years, and sought In the history of the country from the first plantations In America." Sel dom, If ever, are revolutions the spontaneous action of an entire community. Their interests may be the same, they may suffer from a common grievance, but people will not think alike. Divergences of opinions are sure to arise, and out of these parties are formed. A contest ensues with vicissitudes of fortune, but ulti mately terminating in accordance with the movement of society out of which It springs. The American Revolution was no exception to this general rule, ^ H. B. Adams's Life and Writings of Jared Sparks, i, 494. 16 JOHN ADAMS AND THE REVOLUTION though one might infer otherwise from much which passes for history. To understand the services which John Adams ren dered to the country in the Revolution, it is essential to understand the attitude of the parties wbicb brought it on, and, with great exactness, the questions which divided them in their inception, progress, and urgency, at the time when he engaged in public affairs ; and especially so in his case, since, to a profound know ledge of these questions, and the formative influence of this knowledge on his mind and character, was due in no small degree his success in giving direction and happy issue to the movement. The commonly received notion Is that the passage of the Stamp Act so clearly contravened the rights of the colonists as British subjects, that they with one accord rose in resistance, and after eight years of strife finally achieved their independence. I venture to think that this is the apparent, rather than the real, state of the case. I think that those who accept It fail to perceive the true nature of this demonstration, and wholly overlook the vital elements of genuine revo lution which existed in the antecedent history of the two colonies whose hearts were earliest engaged In the cause — Virginia and Massachusetts — and made revolution possible ; and that of these causes, perhaps the prime cause, without which the Revolution would never have begun when it did and where it did was ecclesiastical rather than political, beginnino- with the settlement of the colony of Massachusetts Bay, and operating with unbroken succession and efiiciency down to the commencement of hostilities. It also overlooks the origin and continuity of that civil contest which began in Massachusetts with the JOHN ADAMS AND THE REVOLUTION 17 revocation of the first charter In 1684, between the friends of the royal government and the champions of popular rights, in which parties arrayed themselves under the respective and successive lead of Randolph and Danforth, Dudley and Cooke, Burnett and Wells, on Issues as sharply defined. Involving the same gen eral principles, and as hotly contested, as those which divided Bernard and Hutchinson from James Otis and Samuel Adams. Another misconception which belittles the contest and detracts from the merit of the patriotic party Is that which regards the Tories as a mere handful of mallgnants, composed mainly of commercial adven turers and government officials having no stake in the community, together with a few old families which, for personal aggrandizement, set themselves In opposition to the principles and measures of the patriots, and sought to compass the subjugation and ruin of the country In which they were born, and in which their dearest Interests centred. The only remaining matter to which I shall allude relates to the grounds on which the patriotic party opposed the parliamentary claim of right to tax the colonists. In reading the histories of those times, one is likely to receive the Impression that the outburst of popular indignation which pervaded the colonies on the news of the passage of the Stamp Act would not have occurred had the colonists been represented In Parliament ; but there Is no foundation for this im pression. Their main objection was commercial, and not political. It was to the tax, not to non-represen tation ; still less to any merely theoretical claim of parliamentary supremacy, as is evident from the quiet which followed the repeal of the act, though accom- 18 JOHN ADAMS AND THE REVOLUTION panied by the express declaration of the right to tax the colonists. And we are to regard the resolutions of the Congress of 1765, as well as those of the pro vincial assemblies in the early stages of the contro versy, and perhaps as late as 1775, In the nature of protests, like the Virginia and Kentucky resolutions of a later day, designed, of course, to Influence par liamentary legislation, but not as preliminaries of forcible resistance. But there came a time — earlier In Massachusetts than elsewhere, for reasons to be given hereafter — when all this was changed ; when the colonists came to understand that there were colonial constitutions as well as a British constitution, and that both were sub ject to like laws of growth and development ; that by the operation of these laws in the direction of natural rights their own constitutions had come to be the basis and measure of their rights and immunities ; that in all cases, especially In Internal affairs, where the im perial and colonial constitutional maxims conflicted, the latter were the fundamental rule of right and ac tion ; and finaUy, that If the validity of this construc tion involved a reference to the ultima ratio. It would only be one more Instance, of which English history is full, of that mode of settling constitutional ques tions. When the colonists came to this ground, they had a good fighting position, not before. Here John Adams stood — stood nearly alone ; altogether alone in the clearness with which he saw the strength of this position, and iu the courage and pertinacity with which he maintained It.^ To this clear constitutional ground he first led his own colony, and finally the representa- ^ But see George W, Greene's Historical View of the American Rev olution, 381. JOHN ADAMS AND THE REVOLUTION 19 tives of the thirteen colonies in Congress assembled, in a declaration of their rights in 1774, and of their independence in 1776. This was his greatest public service ; and it was the greatest feat of statesmanship during the revolutionary period. He had able coad jutors, but to him, more than to any other, the honor is due. This ground of rights under colonial consti tution once taken, the strife was no longer rebellion, but maintenance of constitutional rights. " We are not exciting a rebellion," exclaimed John Adams. " Opposition, nay, open, avowed resistance by arms, against usurpation and lawless violence, is not rebel lion by the law of God or the land." The colonists were no longer traitors, but patriots ; and those who undertook to force their position were justly deemed public enemies. Final success was no longer doubt ful. The cause had aligned Itself to the great move ment of society, which began with the Reformation, in the direction of nationality, and in its support had secured the resources of a continent. These positions must now be referred to their his toric basis. It was by no accident that the Masaa- Revolutlon broke out in Massachusetts Bay. phusetts It could have happened, at that time, no- Kevoiu- where else upon the continent. Nowhere *^°°- else had a succession of causes, civil and religious, op erative through a hundred years, prepared the way for it. Hither the royal troops had been sent, because here they were needed to maintain the royal govern ment ; and to these troops the first armed resistance in which blood was shed was on the field of Lexing ton, April 19, 1775.1 I On this point it is scarcely necessary to quote authorities. One 20 JOHN ADAMS AND THE REVOLUTION Starting, then, from that place and hour, and run ning back on the line of colonial history in search of adequate causes not connected with antecedent causes, I find my progress arrested and my historic sense of cause and effect satisfied only by the events and mo tives which led to the settlement of the Bay in 1630. These motives were two : religious and civil liberty. And the greater of these was religious liberty. It was also the more efficient. And I find that these motives, regarded as causes, continued to exist and operate in clear religious and political sequence, with only Insignificant Interruptions and with scarcely im paired vitality, to the treaty of peace In that year of God of which the last was the happy centennial ; and that the events which occurred between 1765 and 1783, though dramatically complete In themselves, yet historically are only the closing act of a drama which opened In 1630 with the coming of Winthrop and his Puritans. Thus the American Revolution began in the colony of Massachusetts Bay, and in Its vital a-id most po tent force was religious rather than political. This character of the Revolution was Impressed upon It by the circumstances which led to the Puritan hegira will suffice, " In all the late American disturbances, and in every attempt against the authority of the British Parliament, the people of Massachusetts Bay have taken the lead. Every new move towards independence has been theirs ; and in every fresh mode of resistance against the law, they have first set the example, and then issued out admonitory letters to the other colonies to follow it," Mauduit's Short View of the History of the New England Colonies, 5, An ad dress to the House, February 7, 1775, and before the events at Lex ington, proposed by the minister, and carried after great debate, declared that a, rebellion already existed in Massachusetts, counte nanced and fomented by unlawful combinations in the other Colonies. Hildreth, Hist. U. S. iu, 61. JOHN AdA'mS and the REVOLUTION 21 from England In 1630 ; and those circumstances, only changed In form but remaining the same in their essential character, continued to exist ^ooiesi- .^ . . . asticism until the events at Lexington In 1775 noti- a cause of fied the Bishop of London, as well as the 01^^^°^' King of England, that the descendants of the Puritans had referred both the polemics of the hierarchy and the casuistry of parliamentary suprem acy to the decision of war. The motive which led to the Puritan emigration was religious rather than civil. It was from, the crozier rather than the sceptre — from Laud and the High Commission rather than Charles the First — that the Puritans fled.^ 1 Notwithstanding what I say about " Ecclesiasticism as a cause of the Revolution," some of my critics have hastUy substituted tJie for a. I wrote only after careful examination of original authorities and much reflection. Many historical scholars have written me to the effect that, while they were pleased to say that much in the pamphlet was not only "new but also true," that part which treated of ecclesiasticism was not only true, but had never before been treated, so far as they had observed, with direct explicitness. Since I wrote, I have found a large mass of authorities ; hut only lately have I re id the most remarkable letter of Koger Sherman in his Life hy L, H, ISoutell, p, 64, I think it confirms all that I have said, and places the Subject where only one of his abUity could place it, 2 " Independence of English Church and State was the fundamen tal principle of the first colonization, has been its general principle for two hundred years, and now, I hope, is past dispute. Who, then, was the author, inventor, discoverer, of independence ? The only true answer must be, the first emigrants. When we say that Otis, Adams, Mayhew, Henry, Lee, Jefferson, etc, were authors of inde pendence, we ought to say they were only awakeners and revivers of the original fundamental principle of colonization." — John Adams's Works, X, 359, " It is certain that civil dominion was but the sec ondary motive, religious the primary, with our ancestors in coming hither and settling this land," — President SitWea, American Pulpit, xxx. This view seems to be adopted by Harry A, Cushing in his Transition from Provincial to Commonwealth Government in Massa chusetts, p, 14, as follows : — "The time of reorganization in Massachusetts is marked hy a 22 JOHN ADAMS AND THE REVOLUTION They came hither to escape the hierarchy of the Church of England and to set up one of their own. And it was in defense of this domestic hierarchy — though civil and religious liberty were indissolubly connected in their minds — that the clergy of New England, alone of aU the professional or propertied classes, arrayed themselves on the popular side. In the middle and southern colonies, as well as in New England, there had been political contests with the representatives of the Crown. All the colonies were dissatisfied with the Navigation Laws and Acts of Trade and the exercise of the royal prerogatives ; but out of New England the colonists, who were mainly of the Church of England, — certainly not Puritans, — became quiet as the enforcement of these laws was relaxed or evaded. But In New England, and especiaUy In Massachusetts, disquietude prevailed unceasingly, and tbe Revolutionary cause, when no other disturbing element was apparent, fluctuated with the efforts of the Bishop of London to establish Epis copacy In New England. For the accomplishment of this end there was the ever present, always active variety of clear characteristics; it is, as well, divided into distinct periods. The underlying causes of the change appear in the strong difference in religious types between the home country and its colony, in the wholly different social surroundings and influences, in the in creasing, if not even hostile, divergence of economic interests and activity, and in the almost antipodal political traditions nourished and acted upon by the more advanced colonists on the one hand, and, on the other, by the more conservative Englishmen," Elias Boudinot, President of Congress, to Rev, James Caldwell, June 19, 1770 : " Our Clergy have gone distracted, and have done us more injury than they will do tis good in a great while , , , we have been quarreling with the Church of England these forty years past, about uniting Civil and Ecclesiastical Power ; and now the moment we have the Power in our hands, we are running into the same extreme." — LeffingweU's Catalogue, No, 1170. JOHN ADAMS AND THE REVOLUTION 23 motive of sectarian zeal for the propagation of religious faith, and still more of ecclesiastical government. To this was added a special reason in the dissatisfaction of the Church of England people in Massachusetts, to whom Puritanic ways were displeasing. This class, consisting in the early days chiefly of crown officials and commercial sojourners, was not large, but increas ing sufficiently, so as to excite the commiseration of the Bishop of London as sheep without a shepherd and wandering In unconsecrated pastures. His efforts for their relief kept the Puritans in hot water for more than seventy years, and gave rise to a mutual dislike which became hereditary. In their resistance to Episcopacy the Massachusetts people were regarded in England as bigoted religionists and refractory sub jects. And so were they by the people of the colonies out of New England; a fact never to be lost sight of In tracing the progress of the Revolution. For the middle and southern colonies had been settled or become possessed by people In sympathy with the Church of England, or at least having no special cause of hostility to it, — as was the case with the Puritans, — under whose ministrations they were con tented, with loyalty to the king, to worship God after the manner of their fathers. To this grateful privilege of ecclesiastical relation ship was added a pecuniary advantage, so long as the Society for the Propagation of the Gospel in Foreign Parts liberally expended the contributions of the piously disposed churchmen of the mother country In establishing parishes, erecting church edifices, and paying the salaries of missionaries In colonial terri tory. To this the other colonists saw no more objec tions than occur to the minds of our frontier settlers 24 JOHN ADAMS AND THE REVOLUTION to the benevolent operations of the Home Missionary Society. But to the Puritans of Massachusetts, scat tering the seeds of Episcopacy was sowing tares by the Evil One. To escape from soul-destroying con formity, their fathers had fled their pleasant homes in Lincolnshire and set up their altars In a bleak and sterile wilderness. They had come hither, not so much to erect a state as a church ; and if after a time the two became one, that one was the church- state, not the state-church, between which there is an Immense difference. They set It up for themselves, not for others. To the liberality of toleration they made no pretension, as is so often forgotten. To their new home came unwelcome Intruders, and with them came trouble. I am now to trace this history .^ Laud, ^ Some years since, I noticed facts in ecclesiastical history appar ently of more importance in the Revolutionary struggle than had been accorded to them by historians ; and later, special study has confirmed this impression. This reticence on the part of those who wrote early on the war of the Revolution had been observed by Bou cher, the Tory clergyman of Virginia, and by him attributed to some discreditable motive, such as a disposition to conceal the Puritan narrowness which would exclude Episcopalians from the privileges of church worship after their form. — View of the Causes of the Revo lution, 148, Bancroft and Hildreth have treated the subject as fully, perhaps, as the necessary regard to proportions in a general history would permit ; but neither, so as to apprise the reader how early and how continuously, nor, I think, how eificiently, ecclesiasticism oper ated as a cause of the Revolution, HUdreth, who treats the subject more fully and more directly than Bancroft, says, " The Congrega tional ministers of New England, an intelligent and very influential body, headed at this period by Chauncy and Cooper, of Boston, cher ished a traditionary sentiment of opposition to British control, — a sentiment strengthened, of late years, by the attempts of the English Society for the Propagation of the Gospel to build up Episcopacy in New England by supporting there some thirty Episcopal missionaries. An unseasonable revival of the scheme for a bishop in the colonies had recently excited a bitter controversy, in which, since Mayhew's death, Chauncy had come forward as the Congregational champion ; JOHN ADAMS AND THE REVOLUTION 25 at the head of the High Commission, began the assault on the expatriated Puritans in 1634, but the a controversy which could only tend to confirm the Congregational body in hostility to the extension of English influence," — History of the United States, iii, 55, There is a very interesting letter written by John Adams to Dr. Morse in 1815, the whole of which should be read by those who would know the views of one most competent to speak on this sub ject. The following extract will serve to show some foundation at least for the view I have taken in the text ; and I may add, had I met with it earlier in my reading, it would have saved me much research, and the reader some pages of my own : — " Where is the man to be found at this day, when we see Metho- distical bishops, bishops of the Church of England, and bishops, arch bishops, and Jesuits of the Church of Rome, with indifference, who will believe that the apprehension of Episcopacy contributed fifty years ago, as much as any other cause, to arouse the attention, not only of the inquiring mind, but of the common people, and urge them to close thinking on the constitutional authority of Parliament over the colonies ? This, nevertheless, was a fact as certain as any in the history of North America, The objection was not merely to the office of a bishop, though even that was dreaded, but to the authority of Parliament, on which it must be founded, , , , If Parliament can erect dioceses and appoint bishops, they may introduce the whole hierarchy, establish tithes, forbid marriages and funerals, establish religions, forbid dissenters." — Works, x. 185, At an earlier date he had said, " It is true that the people of this country in general, and of this province in special, have an heredi tary apprehension of and aversion to lordships, temporal and spirit ual. Their ancestors fled to this wilderness to avoid them, — they suffered sufficiently under them in England, And there are few of the present generation who have not been warned of the danger of them by their fathers and grandfathers, and enjoined to oppose them," — Novanglus, February 13, 1775, The bibliography of this subject is yet to be made. Here follow some references to works which are incidentally or directly illus trative of ecclesiasticism in the Colonies, and which may be of service to future students, though set down at random, Hutchinson's History, iii, 15 ; W. Gordon's Thanksgiving Discourse, December 15, 1774, 24 n, ; Gordon's History, i, ; Eddis's Letters from America, 50 ; Joseph Emer son's Thanksgiving Sermon, July 24, 1766, 12 ; W, Livingston's " Let ter to John, Bishop of Laudaff ; " Historical Magazine, ser, 2, v, 268 ; Makemie's Narrative of Imprisonment (Force's Tracts, vol, iv.) ; North 26 JOHN ADAMS AND THE REVOLUTION civil wars prevented further efforts to set up Episco pacy until the Restoration. The contention, however, did not cease when Presbyterianism became the state religion under the Commonwealth, since the adherents of that ecclesiastical polity sought to Introduce it Into Massachusetts. This the Puritans resisted as strenu ously as they had resisted prelacy. They had estab lished Independent churches, and determined they should remain such. They agreed with John Mil ton, — " New Presbyter is but Old Priest writ large,'' But the Restoration of Charles II. renewed the strife under Its old form — resistance to Anglicanism. For as soon as the domestic affairs of the realm would permit, royal commissioners were sent over to inquire into the reports from Massachusetts Bay, " that his subjects in those parts did not submit to his govern ment, but looked upon themselves as Independent upon American Review, April, 1884, cxxxviii, 359 ; Waddington's Congre gational History, 1700-1800, 459 ; Short Appeal to the People of Great Britain (1776) ; F, Maseres's Paraphrase on a Passage in a Sermon by Dr. Markham (1777) ; C, Chauncy's Letter to a Friend (1767) ; Sir J, Johnson's Orderly Book, xii. ; Bishop White's Memoirs of the Protest ant Episcopal Church, De Costa's ed. ; J, L, Diman's Orations and Essays, 223 ; T, B, Chandler's Appeal to the Public in Behalf of the Church of England in America (1767) ; " Letter of Dr, Gibson, Bishop of London," in Chalmers's Opinions of Eminent Lawyers ; Franklin's Works (Sparks's ed,), iv, 89 ; C, A, Briggs, " Puritanism in New York," Magazine of American History, xiii, 39 ; Otis's Vindication of the Con duct ofthe House of Representatives, 20 n, ; Qninoy's Address, September 17, 1830, 22 et seq. ; Brooks Adams's Emancipation of Massachusetts, ch, xi. ; Massachusetts Historical Collections, iv. 4, 410 et seq. ; Life of Peter Van Schaack; Votes and Proceedings ofthe Freeholders ofthe Town of Boston, November 20, 1772, 27 ; Perry's Historical Collections relating to the American Colonial Church, iii., Massachusetts ; Beardsley's Life and Correspondence of Samuel Johnson, D. D,, Missionary of the Church of England in Connecticut ; Tudor's Life of Otis ; Ramsay's History Amer. Rev. i, 199 (PhUa,, 1789). JOHN ADAMS AND THE REVOLUTION 27 him and his laws ; " and with instructions " to take care that such orders were established there that the Act of Navigation should be punctually observed ; " and to send home a detailed report of the frame and constitution of the local government in church and state.^ The significance of these directions was clear to the colonists when they found their old enemy, the Church of England Samuel Maverick, among the commission ers. This unfriendly scrutiny into their ecclesiasti cal and civil affairs was met by the colonists with infinite skill and patience. If not with entire candor ; for nobody knew better than themselves that they had claimed and exercised substantial sovereignty in church and state, and that they were determined to yield it only In the direst extremity. In that extrem ity they soon found themselves ; but neither they nor their descendants ceased to resist the introduction of prelacy, until armed resistance at the Revolution involved the thirteen colonies In a strife which had its origin in a question of parliamentary government. In 1684 the enemies of the Puritan church over threw the old charter under which the colonists had been allowed to manage civil and ecclesiastical affairs In a very free and Independent way. What of dis aster to civil and religious liberty, as the Puritans understood these terms, this change Imported, soon became evident. It overthrew their constitution of government, it confiscated the title to their lands and all improvements on them, and it Imperiled their cher ished form of church government. The significance of the loss of their charter, in its Influence upon the hundred years of controversy which ensued, wiU not 1 Palfrey, History, ii, 584. 28 JOHN ADAMS AND THE REVOLUTION be fully appreciated unless we keep In mind that ecclesiastical as well as civil causes led to that result. It was not merely because the colonists had disobeyed the Navigation Laws, coined money, and performed other acts of civil sovereignty, that Charles's commis' sioners were sent on their errand of inquiry. In fact, the formation of the commission was instigated in the colony itself by those whose chief grievance was that they had suffered under the strictness of the Puritan hierarchy In not being permitted those consolations to be found by them only in the bosom of the Anglican church. " They discountenance the Church of Eng land " was the constant complaint to the Privy Coun cil by Randolph, the memory of whose malign influence as the evil genius of New England still survives In tradition as well as in recorded history. The new order of things under the presidency of Dudley began May 25, 1686, and the day following the Rev. Mr. Ratcliffe, who had been sent over by the Bishop of London to Institute Episcopal worship, waited upon the Council. Mason and Randolph, members of that body, proposed that he should be allowed one of the three Puritan meeting-houses to preach in ; and in June the first Anglican church In New England was organized at Boston. The next year the Old South meeting-house was virtually seized by Andros, who had succeeded Dudley, and used for the Church of England service. " If," says Palfrey, " the demand had been for the use of the building for a mass, or for a carriage-house for Juggernaut, it could scarcely have been to the generality of people more offensive." ^ But the Revolution of 1689, of 1 " The Quakers and other Dissenters were encouraged by Andros to refuse payment of the taxes levied by the towns for the support of JOHN ADAMS AND THE REVOLUTION 29 which the detestation of Episcopacy was one of the chief causes, swept away Andros and his government, and the Puritan Zion had comparative peace until 1699, when the Earl of Bellomont, the first Church of England governor under the new charter, arrived. He was attached to the communion of his church, which he attempted to revive In Boston. In this he was encouraged by the Bishop of London, the dio cesan for America, and the Lords of Trade, who In terested themselves to obtain for the colonists the advantages of ecclesiastical supervision.^ And from this time down to the breaking out of the war, Bishops Tenlson, Sherlock, and Seeker were successively active In promoting the establishment of an Anglican hier archy, with resident bishops, in America ; ^ and in 1761 there were in New England thirty missionaries who had been sent over by the Propagation Society.^ For nearly a hundred years preceding the Revolu- the ministers, . , , The celebrating of marriages, no longer exercised by the magistrates, as had been the case under the old charter, was confined to Episcopal clergymen, of whom there was but one in the province. It was necessary to come to Boston in order to be mar ried," Hildreth, History of the 'United States, ii, 84, 85. ^ " The zeal of WUliam's colonial governors on behalf of the Church of England originated quite as much in political as in religious motives. Community of religion, it was thought, would be a security for political obedience," — Ibid, ii, 214, ^ Massachusetts Historical Collections, vii. 215 ; Palfrey, iv, 298, ^ The Society for the Propagation of the Gospel in Foreign Parts was established in 1701 ; but whether on the suggestion of the Rev, Dr. Bray of the Church of England, who, as a commissary to supervise the religious establishment of Maryland, embarked thither December 16, 1699, does not appear. He was an intelligent gentleman, and established libraries in the colonies ; but they were mainly theological, and of the Church of Eng land, As such they met with slight favor in New England, where only a few were established. See B. C. Steiner in American Historical Review, ii. 59. 30 JOHN ADAMS AND THE REVOLUTION tion, these efforts to establish Episcopacy In Massa chusetts were causes of anxiety and alarm. On the anniversary of the death of Charles the First, January 30, 1750, and twenty-five years before war broke out, Dr. Jonathan Mayhew of Boston preached a discourse which became famous on both sides of the Atlantic, in which he attacked the doctrines of the divine right of kings, passive obedience, and the exclusive claims of the Episcopal hierarchy. A sentence from the preface to the published sermon will indicate its character and temper : " People have no security against being un mercifully priest-ridden but by keeping all Imperious bishops, and other clergymen who love to lord It over God's heritage, from getting their feet into the stirrup at all." It breathed an intense spirit of religious and civil liberty, and did much to intensify the colonial hatred of the threatened Episcopal hierarchy.^ In this It expressed — perhaps inspired — the sentiments of Samuel Adams, and was one of the most powerful influences which kept alive the spirit of revolution and finally prepared the minds of the Massachusetts colonists for open resistance. The following extracts will show how continuous was the hostility manifested to Episcopacy, — a feeling not confined to the igno rant, illiberal crowd, but shared by the most enlight ened of the colonists. Samuel Adams, as the voice of the House of Repre sentatives, presumably expressing the sentiments of the people. In a letter to their agent in London In 1768 said : " The establishment of a Protestant Epis- ^ " Say, at what period did they grudge To send you Govemor or Judge, With all their Missionary crew, To teach you law and gospel too ? " Tbumeitll's McFingal. JOHN ADAMS AND THE REVOLUTION 31 copate In America Is also very zealously contended for ; and It Is very alarming to a people whose fa thers, from the hardships they suffered under such an establishment, were obliged to fly their native coun try Into a wilderness. . . . We hope In God such an establishment will never take place in America, and we desire you would strenuou.sly oppose It. The reve nue raised In America, for aught we can tell, may be as constitutionally applied towards the support of prelacy as of soldiers and pensioners." ^ Dr. Andrew Eliot, the enlightened clergyman who declined the presidency of Harvard College, In one of a series of letters chiefly on this subject, written be tween 1768 and 1771, addressed to Thomas Hollis, In England, said : " The people of New England are greatly alarmed ; the arrival of a bishop would raise them as much as any one thing." ^ As late as 1772, the Boston Committee of Corre spondence appointed to state the rights of the colo nists, In their report made In Faneull Hall, among other things declared that various attempts " have been made, and are now made, to establish an Ameri can Episcopate ; " though " no power on earth can justly give temporal or spiritual jurisdiction within this province except the great and general court." ^ It may be difficult for us who live under the mUd and beneficent influence of Episcopacy to understand the alarm which Its proposed introduction occasioned to the most liberal minds among our New England ancestors during the century which Immediately pre- 1 Wells's Life of Samuel Adams, i. 157, 2 Massachusetts Historical Collections, xxiv, 422; Tudor's Life of Otis, 136. ^ Thornton's Pulpit of the American Revolution, 192 ; and Adams's Wm-ks, ix, 287, 288. 32 JOHN ADAMS AND THE REVOLUTION ceded the Revolution. Making all due allowances for the exaggerated apprehensions of the common people (I mean those who were ready to mob a bishop), as well as for the personal pecuniary Interest which the clergy of the ruling order had In resisting encroach ments upon their establishment, there was at that time a real danger to civil liberty as it existed under democratic forms, In the attitude and claims of the Anglican hierarchy. Nor was New England alone In this state of alarm. There were many In Old Eng land, some high In the church itself,^ who depre cated the reactionary tendency towards an exercise of the temporal powers. In both countries the question was the same at the period of our Revolution, and had been for a hundred and fifty years. During this period the Puritans In Old England who abided the result of the contest on their native soil, and their descendants, finally threw off the excess of prelatlcal domination with its included doctrines of the divine right and passive obedience, and relegated Episco pacy In all but the name to the exercise of Its spirit ual functions, restrained the power of the nobles, ex tinguished that of the sovereign, and raised the people, ^ English Dissenters, with some churchmen, were in full accord with their American brethren on this subject. Archdeacon Black- burne says, " They knew the hardships of those legal disabilities under which they themselves lay at home. They had good reason to believe that the influence of the established hierarchy contributed to continue this grievance. Their brethren in America were as yet free from it, and if bishops were let in among them, and particularly under the notion of presiding in established churches, there was the highest probability they would take their precedents of govern ment and discipline from the establishment in the mother country and would probably never be at rest till they had established it on the basis of an exclusive test. They knew their American brethren thought on this subject just as they tliemselves did," — Works, ii, 73. JOHN ADAMS AND THE REVOLUTION 33 through the commons, to their true place in the body politic. To accomplish this cost one king his head, another his crown, and the people themselves untold treasures of blood and money. Some of the Puritans sought quiet by flight into the New England wilderness ; but in vain. They found no exemption in that way. The spirit of eccle siastical domination followed them, and for a century and a half they strenuously resisted the re-imposltlon of that system which their brethren at home were en deavoring to throw off. The contest was essentially the same on both sides of the Atlantic, and continued down to the Revolution, of which It was one of the principal causes. During this long contest names often changed, and the evils experienced on one side of the water and feared on the other were mitigated by the lapse of time and the general progress of the age. But the principle contended for, — civil and religious liberty, — remained to the end. The claim of the high churchmen was " that every country acts naturally and prudently in making the ecclesiastical polity conformable to Its civil govern ment." This was a proposition which neither the early nor the later Puritans would care to dispute, since they acted upon It themselves. Their contention was that, their civil government being essentially dem ocratic, their ecclesiastical system should be the same. They opposed the engrafting of the prelatical system, which was monarchical, upon their system, which was republican, well knowing the tendency of ecclesiasti cism to draw to itself the civil government. They saw Monarchy and Episcopacy as correlated facts, and in resisting the latter they resisted the former. Such was their view of the case ; nor were the facts against them. 34 JOHN ADAMS AND THE REVOLUTION The Church of England, so far as It had a civil establishment, was the creature of Parliament. It looked up to the king as Its head, and to the Parlia ment as Its lawgiver. Its creed and book of prayer were established by statute. It could not reform Its own abuses. Through Parliament the laity amended and regulated the church. The election of the bishops by the clergy was only nominal. The purity of spirit ual influence was tarnished by this strict subordina tion to the temporal power.^ This was the system. Its administration was still more objectionable to the Puritans. Its establishment In New England meant a return to that state of ecclesiastical and civil affairs from which they had suffered so much, and from which they fled to the privations and sufferings of an inhospitable wilderness.^ So at least they regarded It, and the efforts of the Anglican hierarchy down to the Revolution never permitted this feeling to subside. Under the old charter, the churches, with the consent of the General Court, called their synods, which laid down or modified their platform of religious faith and ecclesiastical government according to the convictions of a body of professed Christians. But when the Con gregational ministers of Massachusetts, as late as 1725, memorialized the General Court for permission to hold a synod, the Bishop of London, Instigated by the Anglican clergy of Boston, brought the matter to 1 Bancroft, History, ed, 1883, iii, 4 ^ The Episcopate would legitimately bring in the whole system of canon ecclesiastical courts, in contravention of the constitutional judi cial powers of the provincial courts ; the colonists would not, how ever, listen to the suggestion that the bishop's power would be merely spiritual, for they feared that, as Mayhew expressed it, if the bishop's foot was once in the stirrup the people would be effectually priest- ridden. JOHN ADAMS AND THE REVOLUTION 35 the attention of the home government; and Yorke, afterwards Lord Hardwicke, then attorney-general, and the solicitor-general, gave as their official opin ion : 1. That synods cannot lawfully be held without the royal license. 2. That an application to the pro vincial legislature was a contempt of the sovereign ; and, 3. That if notice of this should find them (the synod) in session, the lieutenant-governor should " signify to them . . . that they do forbear to meet any more ; " and, if they persevere, " that the princi pal actors therein be prosecuted by Information for misdemeanors." ^ This Incident of colonial history shows that the objection to Anglicanism was not merely theoretical, for It invaded the constitution of the civil government. Its adherents were generally on the side of prerogative ; and John Adams has recorded in his diary. In 1765, that " the Church peo ple are, many of them, favorers of the Stamp Act at present." ^ However we of the present generation may choose to regard the apprehensions of the Massachusetts Pu ritans and their descendants late Into the last century, in respect to the designs of the Anglican hierarchy, this fact — and It Is the only fact of present Interest — remains clear : that the series of events — and It is their continuity which should be particularly noticed — which stand to the Revolution In the relation of operative sequence, if not primarily of cause and effect, began in Massachusetts Bay with the coming of the Puritans ; and that these events were religious as well as civil, unless the true expression would be, religious rather than civil. 1 Palfrey, iv, 454, and the admirable Memoir of John Checkley, by Rev, E. F, Slafter, i, 86 (Prince Society), 2 Works, ii, 168, 348, 36 JOHN ADAMS AND THE REVOLUTION Nor was the ecclesiastical element as a cause of the , . Revolution restricted to Massachusetts. It Ecelesias- . tieism lu entered Into the controversy — was one ot Virginia,! j.j^g causcs of the Revolution — in Virginia as well as in Massachusetts, but with a difference. The Puritans fled to Massachusetts because they hated Anglicanism ; the ^avaliers^ fled to Virginiajbecause 1 When this address was delivered in 1884, it was, so far as I had no ticed, the earliest historical presentation of ecclesiasticism (associated with political liberty) as one of those causes which brought ou the Revolution, I restricted the influence to Massachusetts and Virginia ; not that I did not suspect that it was far more general, but that I then lacked authorities for a positive statement, I now add one of the most remarkable, showing how effective ecclesiasticism was in New York as leading to revolt. It is in a letter of Ambrose Serle from New York, November 8, 1776, to Earl Dartmouth of the British Min istry, and is in Stevens's Facsimiles of Manuscripts, vol, xxiv. No, 2045, By some inadvertence at the time when this paper was preparing, I failed to consult Foote's Annals of King's Chapel. Had I then read this work I should have seen that 1 had been anticipated in my views, and have acknowledged the industrious research, candor, good judg ment, and literary abUity which, as I think, have been combined in an equal degree in no historical work by an American since Belknap's History of New Hampshire. Grounding myself as I did on original authorities rather than on later views, it was thus that I failed to read Foote, Had I done so, it would have saved me vast labor and much thought, which I do not however now regret, for I was enabled to form an independent judgment which happens to accord with that of Mr, Foote, One reason for the opposition in New York (where one would least expect it) to Seeker's plan of setting up Episcopacy in the colonies is found in a paper by Charles H, Levermore, in The American Histori cal Review, vol, i, p. 238, It is to the effect that the Livingstons and several of their Whig associates, warm asserters of civil and ecclesias tical liberty, were graduates at Yale, where, at that time, Calvinism and hatred of prelatical authority were no less violent than at Harvard, The whole paper should be read, and especially pp, 240, 241, and 248, See regarding New York, Grahame's History, ii. 305 ; H, A, Cush- ing's King's College in the American Revolution (Columbia University Bulletm, March, 1898), JOHN ADAMS AND THE REVOLUTION 37 they hated Puritanism. The Puritan hostility to Anglicanism was based upon the profoundest religious conviction. It was transmitted to their children, and ever associated with the trials and sufferings of the first generation. It was kept alive by the unintermlt- ting efforts of the English hierarchy to establish its ecclesiastical system in the Puritan colonies. What ever may have been the feelings of the Virginia church men in the days of the Revolution towards the Congre- gatlonallsts of New England, owing to circumstances which will be presently narrated, they came together on the ground of hostility to Anglicanism, which, as has already been said, was a cause of the Revolution. It was one cause ; ^ no one claims that it was the sole cause. And it has been dwelt upon at some length, not only because it seems to have failed of due recog nition In the historical accounts of that event, but also since a clear understanding of the matter is essential to a correct view of the position of Samuel Adams the Puritan, one of the prime movers of the Revolu tion, as well as somewhat by way of contrast of John Adams, its great statesman .^ 1 Jonathan Boucher, writing from the extreme High Church view, puts this matter in an interesting light, " That the American opposi tion to Episcopacy was at all connected with that still more serious one so soon afterwards set up against civil government was not indeed generally apparent at the time [in Virginia] ; but it is now [1797] in disputable, as it also is that the former contributed not a little to ren der the latter successful. As therefore this controversy was clearly one great cause that led to the Revolution, the view of it here given, it is hoped, will not be deemed wholly uninteresting." — View, 150. ^ The difference was this : Samuel Adams was a Puritan and Cal vinist of the strictest sect, John Adams strenuously dissented from Calvinism, but firmly adhered to the doctrines of the Puritans con cerning civil and religious liberty, and regarded with equal aversion the designs of the Anglican hierarchy. His dissertation on the Canon and Feudal Law, already aUuded to, was a " Tract for the Times." 38 JOHN ADAMS AND THE REVOLUTION The union between Massachusetts and Virginia in the Revolution has been alluded to ; a union which, considering the respective origin and history of the two colonies, was Incongruous and almost grotesque ; a union of the descendants of the fanatical Puritans and of the High Church loyalists, of the roundhead and of the cavalier. And yet these two colonies en tered the contest earlier than any other, — Virginia the earlier. If It is regarded as merely civil, — and were mutually helpfid and steadfast to the end. This phenomenal embrace requires explanation to the by standers from both parties. The religion of Virginia was Anglican ; and It was the established religion, with the canons, the liturgy, and the catechism. The anniversary of the execution of Charles I. was a legal fast, and the restoration of Charles II. was a holiday. Besides their glebes and parsonages, a maintenance was secured to the parish ministers In valuable and current commodities of the country ; and the New England laws against Quakers, It was printed in the year of the Stamp Act, 1765, when he was twenty-nine years old, and shows how inseparably ecclesiastical and political tyranny were associated in his mind as things of present dread, and also how thoroughly he had studied the questions on which in later years he exercised a commanding influence. He was fully in accord with Mayhew, Chauncy, Eliot, and Samuel Adams in their hos tility to the Anglican pretensions and endeavors to establish an Epis copate in the colonies. At the age of twenty he asked, " Where do we find a precept in the Gospel requiring ecclesiastical synods, convo cations, councils, decrees, creeds, confessions, oaths, subscriptions, and wliole cart-loads of other trumpery that we find reKgion encumbered with in these days ? " — Works, ii, 5,6, " Honesty, sincerity, and open ness I esteem essential marks of a good mind, I am, therefore, of opinion that men ought (after they have examined with unbiased judg ments every system of religion, and chosen one system on their own authority for themselves) to avow their opinions aud defend them with boldness," — Works, ii, 8, JOHN ADAMS AND THE REVOLUTION 39 says Hildreth, to whom I am Indebted for this para graph, were In fuU force.^ Devotion to the church was a test of devotion to the king as its head and defender, and non-conformity was identified with republicanism and disloyalty.^ The following extract will serve not only to show the views of a Virginia Anglican, but It also throws much light upon the attitude of the New England Con- gregatlonallsts In relation to the Introduction of Epis copacy : " The constitution of the Church of England Is approved, confirmed, and adopted by our laws, and interwoven with them. No other form of church gov ernment than that of the Church of England would be compatible with the form of our civil government. No other colony has retained so large a portion of the monarchical part of the British Constitution as Vir ginia ; and between that attachment to monarchy and the government of the Church of England there Is a strong connection." ^ The aspect in which the New Englanders appeared to the people of Virginia, and the obstacles to be sur mounted In securing their cordial cooperation in the Revolution, may be seen In the same author : " That a people [Virginians] In full possession and enjoy ment of all the peace and all the security which the best government in the world can give, should, at the instigation of another people [New Englanders], for whom they entertained an hereditary national dis- esteem, confirmed by their own personal dislike, sud denly and unprovoked, and in contradiction to all the opinions they had heretofore professed to hold on the 1 History, i, 512. 2 Thompson's Church and State, 34, 35. ^ Boucher's View, 103, 40 JOHN ADAMS AND THE REVOLUTION subject of government, rush Into a civil war against a nation they loved .... is one of those Instances of In consistency In human conduct which are often met with in real life, but which, set down in a book, seem mar velous, romantic, and incredible. This, however, is an unexaggerated description of the general temper of mind which prevailed In the people of Virginia and Maryland towards those of New England." ^ One more extract from the same writer will show the approach of Virginia and Massachusetts to the same ground : " When it is recollected that tlU now [1771] the opposition to an American Episcopate has been confined chiefly to the demagogues and Independ ents of the New England provinces, but that It Is now espoused with much warmth by the people of Vir ginia, It requires no great depth of political sagacity to see what the motives and views of the former have been, or what wIU be the consequences of the defection of the latter." 2 It is now desirable to understand by what circum stances two provinces so dissimilar in their form of government, religion, social life, and general habits of thought were brought together on the common ground of hostility to Episcopacy, which was so considerable a cause of the Revolution. There were Puritans In Virginia, though but a hand ful, who in the early days of the colony had estab lished relations with their New England brethren. Commercial relations also existed between these col- ! Boucher, xxxiv. This writer suggests in a note that the New Eng landers endeavored to overcome these prejudices by pitching on Mr, Randolph, a Virginian, to be the first president of Congress, and on Mr, Washington, who was also a Virginian, to command the American army, 2 md. 103. JOHN ADAMS AND THE REVOLUTION 41 onies, and sorae points in their civil history were not dissimilar. Both had suffered from the repeal of their charters, and both had lived in chronic dissatisfaction with the mother country ; and if at any time and for any cause the Revolution had failed In Massachusetts, it would not have been hopeless until it had also failed in Virginia. But on these two colonies it rested. The constitution of Virginia, when compared with that of Massachusetts, was monarchical, and, as has been said, her religion was Anglican, and it was the established religion. In 1740 there was not, so far as Is known, a single Dissenting congregation In Virginia ; but Bcciesias- in 1770 there were eleven Dissenting min- ticismm isters regularly settled, who had each from pouti^.^ two to four congregations under his care.-' At the Revolution, and for thirty years before, Vir ginia had been making strenuous efforts to throw off the Anglican system, so far at least as related to Its temporal powers ; and during the same period, as always, Massachusetts was as strenuously resisting its Imposition. In this respect they were alike. But the resemblance ends here. In the latter colony It was essentially a question of civil and religious liberty ; In the former It was essentially a question of taxation. Every one is familiar with the case between the clergy of the Established Church In Virginia and the planters, known as the " Parsons' Case," which gave first occasion to Patrick Henry for the display of his unrivaled eloquence. It arose out of a question of tithes, In substance, and has a twofold significance In Revolutionary history. In the first place, it served to undermine the Influence of the Anglican hierarchy ; 1 Boucher, 100. 42 JOHN ADAMS AND THE REVOLUTION and secondly, it drew Into question the right of the king to set aside a Virginia law respecting a matter essentially domestic, this very matter of tithes. Sin gularly enough. It united ecclesiastical and civil ques tions as causes of the Revolution In Virginia as they had been united, yet with a difference, in Massa chusetts from the beginning of her settlement. If we desire to know the attitude of some of the Vir ginians, — how many Is only matter of conjecture, — near the time when the war broke out, we have the most authentic Intelligence. Madison, writing to Brad ford In Pennsylvania, in April, 1774, says, " Our As sembly Is to meet the 1st of May, when It is expected something will be done In behalf of the Dissenters, Petitions, I hear, are already forming among the per secuted Baptists, and I fancy it Is In the thoughts of the Presbyterians also, to intercede for greater liberty in matters of religion. . . . The sentiments of our people of fortune and fashion In this respect are vastly different from what you have been used to. That liberal, catholic, and equitable way of thinking, as to the rights of conscience, which is one of the char acteristics of a free people, and so strongly marks the people of your province. Is but little known among the zealous adherents of our hierarchy. . . . Besides, the clergy are a numerous and powerful body, have great Influence at home by reason of their connection with and dependence on the bishops and crown, and will naturally employ all their arts and Interest to depress their rising adversaries, for such they must consider Dissenters who rob them of the good-will of the people, and may in time endanger their livings and security." In the previous January he wrote to the same, " I want again to breathe your free air. . . . Poverty and JOHN ADAMS AND THE REVOLUTION 43 luxury prevail among all sorts ; pride, ignorance, and knavery among the priesthood. . . . This is bad enough, but It Is not the worst I have to tell you. . . . There are at this time In the adjacent county not less than five or six well-meaning men in close jail for publish ing their religious sentiments, which In the main are very orthodox." In another letter to the same he says what is much to the point, " If the Church of England had been the established and general religion in all the northern colonies, as It has been among us here, and uninterrupted tranquillity had prevailed through out the continent. It Is clear to me that slavery and subjection might and would have been gradually in sinuated among us." ^ It is obvious from the preceding extracts how Madi son regarded the efforts of the New England Puritans in their resistance to the imposition of Episcopacy ; but that he was not pleased with all their conduct appears from the following : " I congratulate you on your heroic proceedings in Philadelphia with regard to the tea. I vpish Boston may conduct matters with as much discretion as they seem to do with boldness." This Is also relevant to the Revolution : " I verily believe the frequent assaults that have been made on America (Boston especially) will in the end prove of real advantage." ^ 1 Letters of Madison, i, 10 et seq. ^ Ibid. 10, In stating the motives which drew the people into the Revolution, it ought not to be concealed that there were some not altogether creditable, Madison gives this : " As to the sentiments of the people of this Colony with respect to the Bostonians [in regard to the Port BUl] , I can assure you I find them very warm in their favor, . , , It must not be denied, though, that the Europeans, especially the Scotch, and some interested merchants among the natives, discoun tenance such proceedings as far as they dare, aUeging the injustice and 44 JOHN ADAMS AND THE REVOLUTION From the foregoing outline of a phase of ecclesias tical history In the Massachusetts Colony may be seen how early, as well as continuously, the religious ele ment operated as a cause of the Revolution ; aud how — and yet with what difference — Virginia came to stand on the same ground with the former colony. Although ecclesiasticism stands first among the causes which prepared the Massachusetts the pouti- colonists for the Revolution, and was Influ- cai revo- gntlal In precipitating that event, yet the Massa- event itself was a disruption of the civil and chusetts, pQi;i;i(,a,l relations between the contending parties, and as such should be traced to its origin. Soon after the restoration of Charles II., the colo nies came to have a common grievance In the opera tion of the Navigation Laws and Acts of Trade,^ which were designed to pour the wealth of commerce into the lap of England, and by the prohibition of certain manufactures In the colonies to create a mar ket for English productions ; but previous to the Stamp Act there was no British regulation which perfidy of refusing to pay our debts to our generous creditors at home," Ibid. 16, Boucher is more explicit on this subject. He says, " Among other circumstances favorable to a revolt of America, that of the im mense debt owing by the colonists to the merchants of Great Britain deserves to be reckoned as not the least. It was estimated at three millions sterling ; and such is the spirit of adventure of British mer chants, and of such extent are their capitals and their credit, that not many years ago I remember to have heard the amount of their debts to this country calculated at double that sum : it is probably now trebled," — View, xl, ¦^ " If any man wishes to investigate thoroughly the causes, feel ings, and principles of the Revolution, he must study this Act of Navi gation and the Acts of Trade," And of those who wrote in favor of their enforcement, " AU I can say is, that I read them all iu my youth, and that I never read them without being set on fire," ^ Adams's Works, x, 320, 336, JOHN ADAMS AND THE REVOLUTION 45 produced the same practical results In all the colonies. Most of the manufactures were in New England, while her lumber and the tobacco of Virginia — for cotton was not yet, and rice and indigo were grown only on a limited territory of the Carolinas — consti tuted the bulk of American commerce. These cir cumstances served to bring Massachusetts and Vir ginia to the same platform in the Revolution. They also explain in some degree the backwardness of some other colonies whose interests were less severely af fected by the British commercial policy. But these resemblances In certain facts of Massachusetts and Virginia affairs in their relation to the common cause should not lead us to overlook the essential differences In their civil and ecclesiastical history. Massachusetts history more Immediately concerns us. Whatever rights the king may have Intended to confer upon the members of the Massachusetts Com pany by their charter of March 4, 1629, two things are clear. First, it Is clear that the charter Is sus ceptible of a legal Interpretation which makes it the basis of a government proper with very large powers, having little more than a formal dependence upon the crown ; ^ and it Is equally clear that the colonists themselves were disposed to give, and did give, the most liberal construction to their charter powers. Hutchinson says of them, " Upon their removal they supposed their relations both to civil and ecclesiasti cal government of England, except so far as a special reserve was made by their charter, was at an end, and that they had right to form such new model of both 1 See the discussion of this subject by the late Prof, Joel Parker in Lectures before the Lowell Institute on Early History of Massa chusetts, 357, 46 JOHN ADAMS AND THE REVOLUTION as pleased them." ^ On this construction of their powers they acted. But the home government took an entirely differ ent view of their powers, as well as of the conduct of the colonists In the exercise of them. As early as April 28, 1634, a commission for regulating planta tions was issued to the Archbishop of Canterbury, the Lord Keeper, and others, to Inquire, besides other mat ters, whether any privileges or liberties granted to the colonists by their charter were hurtful to the king, his crown, or prerogative royal, and if so, to cause the same to be revoked.^ Here began the long contest which raged with changing fortunes until the treaty of peace In 1783. It was an endeavor, on one side, to set up and main tain a free and essentially independent government ; and, on the other side, to overthrow such a govern ment, reduce the colonists to monarchical subjection, and regulate their affairs agreeably to the Imperial policy. To such a contest there could be only one result : the colonists were sure to win. Growth, de velopment, a boundless continent, remoteness, the Inherited fierce spirit of liberty which neither fire nor steel had been able to subdue, and invincible courage, in time would settle the question. It was a question of time, and this they seem to have felt all through their history until the final consummation of their expectations. In any other view of the subject their conduct was neither consistent nor entirely to their credit. Chalmers, an accurate though unfriendly historian, has sketched the progress of the colony towards Inde pendency for the first fifty years In the following ' History of Massachusetts Bay, i, 368, ^ Parker, ut sup. 375, JOHN ADAMS AND THE REVOLUTION 47 words : " Massachusetts, In conformity with its ac customed principles, acted, during the civil wars, almost altogether as an Independent state. It formed leagues, not only with the neighboring colonies, but with foreign nations, without the consent or know ledge of the government of England. It permitted no appeals from Its courts to the judicatories of the sov ereign State, without which a dependence cannot be preserved or enforced. And It refused to exercise its jurisdiction In the name of the Commonwealth of England. It assumed the government of that part of New England which is now called New Hampshire, and even extended Its powers farther eastward, over the province of Maine. And by force of arms it compelled those who had fled from Its persecution beyond Its boundaries into the wilderness to submit to Its authority. It erected a mint at Boston, im pressing the year 1652 on the coin as the era of Inde pendence . . . thus evincing to all, what had been foreseen by the wise, that a people of such principles, religious and political, settling so great a distance from control, would necessarily form an independent State." 1 Chalmers's statement is not exaggerated. It mat ters little with what Intent respecting their future political relations the colonists embarked for Massa^ chusetts Bay. Their ecclesiastical independence was an avowed purpose from the beginning ; and circum stances of which they promptly availed themselves favored the formation of an Independent civil state. Nor should their actual condition at the time of the Restoration be overlooked In reading their subsequent history down to the Revolution. 1 Political Annals, 181. 48 JOHN ADAMS AND THE REVOLUTION This state of affairs in the Puritan colony, the refuge of the Regicides, could hardly have been other than displeasing to Charles II. and his advisers. They determined to change It, but their success was partial and temporary. Undoubtedly the loss of their charter was a serious blow to the colonists. It was their first fall, but they soon regained their feet. The substituted government under the presidencies of Dudley and Andros was resisted by aU prudent means, and by violence even, before a knowledge of the progress of the Revolution of 1689 had opened a fair prospect of success. The charter of 1692 was forced upon the colonists In derogation of their ac quired constitutional rights ; and had they then, or at any time down to the Revolution of 1775, quietly sub mitted, the result would have been serious to their liberties. But they did not submit, though then, as at the later period, there were those who counseled sub mission ; and during the succeeding century there were infractions of their constitutional rights, in which from prudential considerations they silently acquiesced. The king, by his Court of Chancery, abrogated the first charter, and Imposed upon the colony one less favorable to popular rights. Here Is the answer of the colonists in their Declaration of Rights of the same year, entitled an act setting forth general privi leges : " No aid, tax, tallage, assessment, custom, loan, benevolence, or imposition whatsoever shall be laid, assessed, imposed, or levied on any of their Majes ties' subjects or their estates, on any color or pretence whatsoever, but by the act and consent of the gov ernor, council, and representatives of the people, assem bled In general court." ^ 1 Acts and Resolves Province Massachusetts Bay, i. 40. This is an JOHN ADAMS AND THE REVOLUTION 49 It is not easy to overestimate the Importance of this Declaration of Colonial Rights. In the very first year of the new charter the General Court opened the contest on the grounds on which, eighty years later, after some preliminary skirmishing on less tenable positions, the battle was fought and Independence won. It is also interesting to know that In 1765, at which time John Adams intervened In public affairs, in his first public address before the governor and council, on the question of opening the courts which had been closed for lack of stamps, he took the iden tical position of the General Court In 1692 ; and again, in the general Congress of 1774, in the Decla ration of Rights of the colonies. Resistance was not confined to mere declarations. The obstruction by the colonies of the Navigation Laws and Acts of Trade,^ their assumption of powers not early expression of the later political maxim, "No representation, no taxation ; " but the meaning of " representation," in England at least, seems to have been different from that in the colonies. In England, " the idea was that representation in Parliament was constituted, not by the fact of a man's having a vote for a member of Parliament, but by the fact of his belonging to one of the three great divisions of the nation which were represented by the three orders of Parliament, — that is, royalty, nobility, commonalty." — Moses Coit Tyler in Ameri can Historical Review, i, 34, 36, Palfrey says, " If this had been con firmed, the cause of dispute which brought about the independence of the United States would have been taken away. But such proved not to be the wUl of the Privy CouncU of King WiUiam," — History, iv, 139. This statement is misleading. It is quite true that the Council disaUowed the whole act, but fortunately they specified the grounds of their objections. These objections relate to section 8, respecting the allowance of bail, and section 9, which relates to escheat and for feitures. To the sections which declare general rights — the colonial Magna Charta — no objections were made, and they consequently retained the political significance which inheres in aU unehaUenged claims of right, ^ In 1698, when the General Court was asked to pass laws enfor cing the Acts of Trade, even the conservative councilors insisted 50 JOHN ADAMS AND THE REVOLUTION granted by charter, their refusal to transmit their laws for examination or to allow appeals from their judicial decisions, at length produced legitimate results in Eng land ; and In 1701, as oftentimes later, called forth Impatient notes of warning from the Board of Trade : " The denial of appeals Is a humor which prevails so much In proprietary and charter plantations, and the Independency they thirst after is now so notorious, that It has been thought fit those considerations and other objections should be laid before the Parlia ment." ^ But these warnings and threats were disre garded until the patience of the home government was exhausted and a bill for the repeal of the charter was Introduced,''^ which failed In the exigencies of more pressing concerns. Under the first charter all ofScers were elected " that they were too much cramped in their liberties already, and they would be great fools to abridge, by law of their own, the little that was left them," — Hildreth, ii, 202, This spirit became hered itary, John Adams has said, " These acts never had been executed, and there never had been a time when they would have been or could have been obeyed," — Letter to Tudor, March 29, 1818, Novanglus, 245, In 1728, when Govemor Burnett, under royal instructions insisted that the General Court should fix by law the governor's salary instead of leaving it to depend upon the temper of that body from year to year, they persistently refused, " because it is an untrodden path, which neither we nor our predecessors have gone in ; , , , because it seems necessary to form, maintain, and uphold our constitution ; , , . because it is our undoubted right to raise and dispose of moneys for the public service of our free accord, without any compulsion ; and because, if we should now give up this right, we shall open a door to many other inconveniences," — See Journal ofthe General Court. To these maxims of policy and government they and their succes sors adhered to the end, notwithstanding royal menaces. This was revolution as clearly as any declaration which more immediately pre ceded the war, 1 Palfrey, iv, 200. ^ Massachusetts.Historical Collections, vii. 220, JOHN ADAMS AND THE REVOLUTION 51 directly or indirectly by the people ; under the second charter the governor was appointed by the crown, with a negative upon the election of the speaker and councilors chosen by the House. To this Invasion of their old constitution the people lacked the power of forcible resistance ; but the popular party, under the consummate leadership of Cooke, neutralized the gov ernor's power and held him in thrall by exercising their constitutional right of determining his salary. And this they continued to do with exasperating per sistency and disregard of the royal instructions quite down to the Revolution.^ 1 Palfrey has graphicaUy described the chronic contests between the royal governors and the representatives, as also between the latter and the more conservative council, all of which is more fuUy seen in the journal of the House, which, from 1715 to 1730, he does not ap pear to have consulted, " The House of Representatives began to print its journal just before the beginning of Belcher's administra tion, the first publication being of the proceedings of May 27, 17.30." — History, iv, 532 n. This is erroneous. The printed journals of the House — and I am informed that they exist in no other form — begin with 25th May, 1715, and were continued without interruption tUl the Revolution, In his concluding chapter he has deemed it necessary to excuse the conduct of the popular branch towards the crown and its representatives. But this depends. If the people of Massachusetts, between 1692 and 1774, their original charter having been taken away and another forced upon them, regarded themselves as within the realm, entitled to aU the rights and immunities of British subjects, and bound to bear their share of the burdens imposed by the imperial policy, it is not difficult to understand why, in the eyes of the govern ment and people of Great Britain, and even those of the neighboring colonies, their conduct was regarded as captious and rebeUious, Compared with the burdens home by their feUow-subjects within the three kingdoms, their own were light, and their condition pros perous. People understand the operations of governmental policy. They know how unequally tariffs and navigation laws affect different sections, classes, and interests ; and yet they submit to them for rea sons satisfactory to the majority. Our ancestors neither liked nor submitted to this policy ; they obstructed, disobeyed, and evaded its operation so far as was consistent with their safety. Nor could they 52 JOHN ADAMS AND THE REVOLUTION This view of the beginning and progress of the contest which ended In the Revolution might be sup ported by much additional evidence ; but I trust that, even in the foregoing imperfect sketch. It fairly appears that the Massachusetts Puritans came to the Bay that they might be free and Independent In their civil and ecclesiastical affairs ; that with the first monition of danger in the days of Charles the First they determined to maintain their independence at all hazards ; that the contest thus begun continued with varying fortunes until the final decision of the ques tions involved was referred to arms ; and, finally, that during these hundred and fifty years of contention endure with patience or treat with decent respect the govemors sent to rule over them, and stUl less the natives raised to that high but most uncomfortable position. From one point of view it is difficult to see why ; for these representatives of the crown, in abiUty, learn ing, character, and good dispositions, would compare favorably with those chosen by themselves under the Constitution, and were angels of Ught compared with those we have inflicted on our territories. Except that they were royal govemors, it is not easy to find any in superable objection to BeUomont, Shute, Burnett, Shirley, or even Bernard, But, on the other hand, if we find, as I think the colonists found, in the repeal of the first charter and the imposition of a royal gov ernment upon a people essentiaUy free and independent, the justify ing cause of irreconcUable hostility, and an invincible determination to throw it off on favorable occasion, then their ninety years of strife, obstruction, and hostUity towards the crown and its representatives, and final appeal to arms, become clear, reasonable, patriotic, and worthy of perpetual remembrance and benediction — and, least of all, demand apology. The people out of New England, except the Virginians, had no simUar experience, and but little knowledge of the real situation of the Massachusetts Puritans, Hence it is not strange that they, in com mon with those of the British Islands, had come to regard tlie Yan kees with prejudice and disUke ; or that with reluctance they finaUy placed themselves on the Massachusetts grounds, as they did under the lead of John Adams. JOHN ADAMS AND THE REVOLUTION 53 the colonial constitution was growing and developing itself into a free republican constitution as the basis, measure, and protection of all their rights. Against this background of civil and ecclesiastical history John Adams appeared on the Revo- jojm lutlonary stage. He had studied this historv Adams's ^1, 1. ¦ .„ , ,. attitude caretully, and its significance in relation to, to the Ke- coming events he fully appreciated. It was voi^^tioi- revolution, and had been revolution from the overthrow of the first charter. That he so regarded it he has expressly told us. From the outset, with his first public utterance, he placed himself squarely on this basis of the provincial constitution ; and there he stood, constant, consistent, to the end. This is his great dis tinction. From it he overthrew Hutchinson and Leon ard, otherwise unassailable. Any other position was full of logical pitfalls ; this was sound, clear, tenable, and on it the contest was decided in Massachusetts. Had the history of the other colonies been the same as that of Massachusetts, with Its formative influence upon the people and their leaders, the decision of the question would have been the same as hers, and the consummation of the Revolution would have been com paratively easy. Had Massachusetts with New Eng land finally stood alone, the day of her deliverance must have been postponed. But with Virginia and Massachusetts in alliance — and notwithstanding a general dissimilarity there were facts common to their history which brought them shoulder to shoulder — the Revolution, though difficult, was not impossible. It was this difficulty which John Adams encoun tered and overcame at the head of the national party which he, more than any other man, gathered, inspired, and led. 64 JOHN ADAMS AND THE REVOLUTION For the American Revolution, like all epochal move ments in the direction of nationality and freedom, depended upon the movement of parties. These now demand our notice. When the Revolutionary struggle in Massachusetts, „, „ which had been suspended during the events The Kev- . t • , n . oiution m- which Culminated in the destruction of the evitabie, j^pgucjj power In America, broke out anew with the Stamp Act of 1765, there seems to have been a feeling common to all the colonies that growth, situation, and conflicting interests would in time sever the political relations which existed between the mother country and her colonies ; and this opinion. If such that may be called which so vaguely existed In their minds, was the opinion of Hutchinson and Oliver no less than of James Otis and Samuel Adams. It Is true they disclaimed this, sometimes with vehemence. John Adams did so.^ He said that at no time before the Declaration of Independence was he averse to reconciliation, and that he had no desire to see the relations with England severed. ' There is abundant similar testimony. The talk of the warmest of the patriots was full of loyalty to the king and of affection for the mother country. Nor were they Insincere. They gloried In the name of Britons. Ties of blood and attachment to the old home were strong, and their pulse quickened with memories of PeppereU before the bastions of Louis burg and of Wolfe on the Plains of Abraham. But beliefs are not necessarily desires, and we re- 1 And yet he has told us that long before the war broke out he and Jonathan Sewall, the loyalist, agreed in their sentiments respecting public affairs, and both were of the opinion that the British ministry and Parliament would force the colonists to appeal to arms, — Works, iL78. JOHN ADAMS AND THE REVOLUTION 55 cognize as inevitable many things which we deprecate. Could the colonists have been blind to facts and ten dencies which all the world saw ? The testimony on this point is clear and decisive. The following are only a few of the observations which have been col lected by writers on this period of our history. In his notes upon England, which were probably written about 1750, Montesquieu had dilated upon the restric tive character of the English commercial code, and had expressed his belief that England would be the first nation abandoned by her colonies, A few years later, Argenson, who has left some of the most strik ing political predictions upon record, foretold In his memoirs that the English colonies in America would one day rise against their mother country, that they would form themselves Into a republic, and that they would astonish the world by their prosperity. In a discourse delivered before the Sorbonne in 1750, Tur- got compared the colonies to fruits which only remain on the stem till they have reached the period of ma turity, and he prophesied that America would some day detach herself from the parent tree. Still earlier than Turgot's prophecy, Kalm, the Swedish traveler, contended that the presence of the French In Can ada, by making the English colonists depend for their security on the support of the mother country, was the main cause of the submission.^ But more decisive as to the prevalence of this belief among the colonists are some of their own words. Dr. Andrew Eliot, writing to Hollis In England, Decem ber, 1767, says, " We are not ripe for a disunion ; but ^ See Leckyls History of the Eighteenth Century, iii, 290, Bancroft has also treated this question in his History of the United States ; and see Frot'h.mgba.Ta.'s Rise of the Republic, 246. 56 JOHN ADAMS AND THE REVOLUTION our growth Is so great that In a few years Great Bri tain will not be able to compel our submission ; " ^ and in 1772 Dr. Charles Chauncy said " that in twenty- five years there would be more people here than In the three kingdoms, the greatest empire on earth." ^ But no one save John Adams expressed this under current of thought so clearly as William Livingston in 1768 : " Americans, the finger of God points out a mighty empire to your sons. . . . The day dawns in which this mighty empire Is to be laid by the estab lishment of a regular American Constitution. . . . Peace or war, famine or plenty, poverty or affluence, — In a word, no circumstance, whether prosperous or adverse, can happen to our parent ; nay, no conduct of hers, whether wise or imprudent — no possible tem per of hers, whether kind or cross-grained — wiU put a stop to this building. There Is no contending with omnipotence ; and the predispositions are so numerous and well adapted to the rise of America that our suc cess Is Indubitable," ^ No one can read the history of the colony in Its original sources without meeting evidence of the exist ence of the belief that the time would come when the colonies would grow into a great and Independent em pire. Not that they wished to set up for themselves at once. On the contrary, quite apart from any senti ment of loyalty. It is not Improbable that they were too fully sensible of the advantages of, their position as appendages of the crown, with the privilege of drawing upon the imperial resources in warding off 1 Massachusetts Historical Collections, xxxiv. 420. 2 Adams's Works, U, 304. ^ The American Whig, quoted with variations hy Boucher, View, xxvi., and by Frothingham, Rise of the Republic, 244. JOHN ADAMS AND THE REVOLUTION 57 the attacks of the French, which as independent colo nies they would be obliged to meet with their own men and money. Nor did they look forward to any definite time when it would be for their advantage to terminate these relations, nor to any specific course of action which would hasten that event. Nevertheless, their political action tended to render that result In evitable, nor was the feeling which Inspired this ac tion allowed to subside ; for, from the earliest days down to the war, whenever they showed restlveness under the British rule they were charged with aiming at independence.-' The Massachusetts colonists may not, as they said, have aimed at an Independence, yet they steadily, and seemingly not unconsciously, pursued a course which would inevitably lead to it. From the first it seems to have been inevitable that the political relations between Great Britain and her colonies in America should be finally severed ; but when and how — whether by the silent influence of growth or as the result of violence — were questions in abeyance, and subject to chance. The lots were cast, and it was war. But war was not resorted to merely as the solution of difficulties which arose from the growth and development of the colonies. They had oiution not reached that stage — in time sure to come tatTd^by — when union made subjugation Impossible, party ac- Undertaken solely on that ground, the war, as we now see, was premature. The colonies were not ripe for it. Nor were they strong enough for it. Un aided, they would have failed, as fail they did until 1 See Evelyn's Diary, May 26, 1671, et seq. Also a letter from Dummer to the House, quoted in Palfrey, iv. 407 n. 68 JOHN ADAMS AND THE REVOLUTION aided. The war was precipitated by party action In Massachusetts. The opposite view, which has led to infinite misconception of the Revolutionary struggle, finds countenance only In the general and apparently spontaneous uprising of the continent In resistance to the Stamp Act. But that demonstration was utterly deceptive, as afterwards appeared, so far as It seemed to Indicate any settled conviction and determination. It was a commercial protest, backed by no ulterior purpose of forcible resistance. The repeal of the act, notwithstanding the reaffirmance of the principle In the Declaratory Act, apparently satisfied the public mind everywhere out of New England — perhaps out of Massachusetts. It seems to have been so even in Virginia. Jefferson's statement on this point is clear, and it Is decisive. In Virginia, between 1769 and 1778, he says, " Nothing of particular excitement oc curring for a considerable time, our countrymen seemed to fall Into a state of Insensibility to our situation ; the duty on tea not yet repealed, and the Declaratory Act of a right In the British Parliament to bind us by their laws In all cases whatsoever still suspended over us." And John Adams, as late as 1772 writes, " Still quiet at the southward ; and at New York they laugh at us." This doubtless correctly represents the apathy every where prevailing out of Massachusetts. The real state of the case seems to have been, if the colonies are regarded as a whole, that the opposition to the British acts was based on pecuniary Interests rather than on deeply seated political convictions ; and when the Im mediate danger of taxation passed away, the popular hostility subsided, as Jefferson says. But the situa tion in Massachusetts was peculiar. In the first place, JOHN ADAMS AND THE REVOLUTION 69 the ecclesiastical question, Instead of being one of tithes and of yesterday, as In Virginia, was as old as the colony, and laid hold on the deepest and most sacred convictions of the people ; and, as we have seen, it was a burning question, entirely Independent of any question of parliamentary taxation, and wholly un affected by the repeal of the Stamp Act or the modi fications of the other revenue measures. And in the next place, as we have also seen, there had always existed In Massachusetts as In no other colony two distinctly arrayed parties divided on questions directly leading up to colonial Independence. And in these circumstances rather than In any exclusive virtue or intelligence of this colony — I speak this with bated breath — is to be found the reason why Massachusetts was earliest and most persistent in the war to which she furnished nearly one third of the troops brought into the field, although her territory before the close of the first year was freed from the foot of the in vader. The war began in Massachusetts. It was brought on by the action of parties. These parties, the radi cals and the conservatives,^ were as old as the race, and will survive with It. They came over with Win throp. At first these graduates of old Cambridge were sufficiently though somewhat Incongruously oc cupied in framing ordinances respecting yoking and ' Adams to Jefferson : " You say our divisions began with Federal ism and anti-Federalism. Alas ! they began with human nature ; they have existed in America from its first plantation, , , , A Court and Country party have always contended. Whig and Tory disputed very sharply before the Revolution and in every step during the Revolu tion, Every measure of Congress from 1774 to 1787 inclusively was disputed with acrimony, and decided by as small majorities as any question is decided in these days" [1812], — Works, x, 23. 60 JOHN ADAMS AND THE REVOLUTION ringing of swine, party fences, and the laying out of townways and highways ; but these affairs with some others of more importance attended to, and interstate affairs after the subsidence of Laud's demonstrations being in abeyance, they divided on theological pole mics, and thus preserved the civilization which was imperiled in a frozen, savage wilderness. But the arrival of Charles's commissioners in 1664 made hot work for both parties ; and the historian of New Eng land has recorded " that before the close of the first century political parties had arrayed themselves not only upon local questions, but also upon questions of the relation of the Colonies to the Empire." With the Inauguration of the new government In 1692 party strife was renewed, and continued with intervals of repose through the entire provincial period. Party questions were somewhat In abeyance through the French wars to the treaty of peace In 1763, but became grave during the period of commer cial torpidity which ensued, and rancorous upon the passage of the Stamp Act In 1765. Nor are we per mitted to believe that the magnitude of the Interests involved or the serious consequences likely to flow from erroneous action preserved the discussion from intemperance, or that conclusions were reached with sole reference to the public weal. Contemporaneous newspapers and pamphlets and the published proceed ings of the people In town meeting assembled, and of their representatives In the General Court, contain ample evidence that the party heats, personal interests, and mob violence, to which many of those now living were witnesses In the late civil war, had their proto types in the Revolutionary era. At both epochs and In both parties were found rad- JOHN ADAMS AND THE REVOLUTION 61 icals and conservatives, statesmen and politicians, pa triots and self-seekers, intelligent adherents and blind party devotees. At both epochs and In both parties, in the name of liberty and under the guise of patriot ism, against persons whose only offense was a silent adherence to their own convictions, were committed acts of violence instigated In the frenzy of party by those whose names and character should constitute denial, and recorded without disapprobation by his torical partisans. In the Revolution parties were outlined by the gen eral principles of their respective adherents, but were by no means homogeneous. There were those in the governmental or Tory party, as it then began to be called, who doubted neither the omnipotence of Par liament over the colonies nor the wisdom of its exer cise in levying a tax, while others were satisfied with the affirmation of the right. And In the patriotic party many deprecated a resort to forcible resistance who strenuously denied the British pretensions. Of these Franklin and Dickinson were the most emi nent ; and as late as 1776 their opinions were the opinions of the majority out of New England.^ Adams writes to Plumer : " You Inquire whether every member of Congress did, on the 4th of July, 1776, In fact cordially approve of the Declaration of Independence. 1 then believed, and have not since altered my opinion, that there were several who signed with regret and several others with many doubts and much lukewarmness." ^ 1 See Franklin's letters in Tudor's Otis, 392 n., and Magazine of American History, September, 1883, article " Dickinson ; " also HU dreth, in, 45, 57, 77, 2 'Works, X, 35, See Frothingham, Rise of the R^ublic, 514 et seq. 62 JOHN ADAMS AND THE REVOLUTION With the exception of the clergy, the party affilia tions of no class could be accurately predicted. Par ents and children, brothers and sisters, and lifelong friends found themselves arrayed In hostile ranks as religious and political convictions, marriage, social relations, interest,^ or even accident, dictated. The number of the ' people In each of these parties Is not susceptible of precise determination, and varied somewhat with the changing fortunes of the contest. Many of those who finally adhered to the crown were among the most earnest denunciators of the Stamp Act. John Adams has recorded It as his opinion that " in 1765 the colonies were more unanimous than they have been since, either as colonies or states." From 1760 to 1766 was the purest period of patriot ism, from 1766 to 1776 was the period of corruption. This agrees with the opinion of Jefferson, so far as he refers to the same period. Nor Is there anything unusual In this phase of parties. So long as dissat isfaction was expressed by declarations of rights, or even mob violence, patriotism was cheap ; but when it became apparent that affairs were drifting to armed resistance, uncertain In Its issue, many who had been conspicuous as patriots drew back, and finally en trusted their fortunes to the government as the stronger party. Of the barristers In Boston and its Immediate vicin ity, Thacher died In 1765, Otis became Incapacited in 1771. Five were loyalists, and John Adams alone ' " The managers of our public affairs, like those on your side of the Atlantic," writes Dr. Eliot to Thomas Hollis, December 10, 1767, " are governed by private views and the spirit of a party. Few have any regard to the good of the public. Men are patriots tiU they get in place, and then they are ! ! ! anything," — Massachusetts Historical Collections, xxxiv. 414, JOHN ADAMS AND THE REVOLUTION 63 lived through the Revolution as the advocate of Amer ican Independence. Twenty-four of the prin- . . The Par- clpal barristers and attorneys In the colony ty of the and one hundred and twenty-three mer- Loy^i- chants and traders, including a few others In Boston, signed the address to Governor Hutchin son, May 30, 1774; and similar addresses to Gov ernor Gage, as late as October 14, 1775, were signed by the same class of people, and In still larger pro portion to the population, in Salem and Marblehead. Plymouth County was the stronghold of the loyalists. On the evacuation of Boston, March 17, 1776, Sir William Howe was accompanied by fifteen hundred of these people ; and in September, 1778, the General Court specified. In an act forbidding their return, the names of more than three hundred citizens In the sev eral counties. These numbers Include only those who were conspicuous as landed proprietors or In the mer cantile and professional classes. The Tories were In possession of the principal offices in the gift either of the crown or the ' people. As the conservative party and having something to lose,^ they were sat- ^ John Adams gives the impressions which the wealthy delegates from the other colonies to the Congress of 1774 had received in re spect to those of Massachusetts, It had been represented to them that Hancock was fortunately sick, and Mr, Bowdoin's relations thought that his large estate ought not to be put to hazard. So they sent Mr, Cushing, who was a harmless kind of man, but poor and wholly dependent on his popularity for his subsistence ; Mr, Samuel Adams, who was a very artful, designing man, but desperately poor, and wholly dependent on his popularity with the lowest vulgar for his Uving ; and John Adams and Robert Treat Paine, who were two young lawyers of no great talents, reputation, or weight, who had no other means of raising themselves into consequence than by courting popularity. And they were aU suspected of having independence in view, — Works, ii, 512, This, of course, is John Adams's statement, and it contains so much of truth and significance as to enhance our estimate of his candor. 64 JOHN ADAMS AND THE REVOLUTION isfied with the existing order of things, and In that state of mind found It easy to indulge the sentiment of loyalty which inheres In the British subject in all lands so long as he is aUowed to do as he pleases. Not that the Tories were fonder of paying taxes than were the patriots, but they were content when the ob noxious tax was repealed, and were disinclined to make an issue on the Declaratory Act which proclaimed the parliamentary right to tax. To these political senti ments was united the profoundest conviction that the colonists, unaided, could never withstand the power of the empire when put forth In Its might, and that the hope of friendly intervention by the continental powers of Europe was a dream sure to be interrupted by a rude awakening. As the event showed, this was their fatal mistake. Such was the party of the goverment, or the Loyal ists. Such was the formidable party, intrenched in wealth, office, and social Influence, which confronted John Adams and his associates; and It is his and their glory to have overthrown It. The patriotic party is less easily described, since it contained many heterogeneous elements. As Patriotic a whole It was the party of the opposition. Party. guch as Is always found under all forms of government. In Massachusetts its formation on well- defined issues antedates by more than a hundred years the resistance to the Stamp Act, and was coeval with the inauguration by Charles II. of those measures de signed to reduce the colonies to subjection. The real purpose of this party, though seldom avowed, was from the first substantial independence of the crown of England. At no time was It troubled with scru ples. It hoped immunity from the chastisement JOHN ADAMS AND THE REVOLUTION 65 threatened by the king in his embroilment in foreign wars.^ It resisted the abrogation of the old charter ; It Imprisoned Andros and Dudley ; and when resist ance proved unavailing, it sought to save the liberties of the people by neutralizing the anti-democratic ele ments In the new charter of 1692. The struggle thus begun never changed Its character, and, as we have already seen, never ceased until the peace of 1783. Two things must never be lost sight of. First, that this resistance was the resistance of a party. From the first stage of the contest to the last there was a Tory party which counseled submission ; and this party was proportionally more numerous In Its early than in Its later stage. Secondly, that from first to last the action of the patriotic party was resistance and obstruction. It was not the attitude of slaves seeking their freedom, but of freemen resisting subju gation. The difference is immense, and on Its per ception depends a knowledge of the real character of the American Revolution, which was the final victory In a hundred years of party strife, with unbroken con tinuity of unvaried purpose, — the maintenance of Independence rather than Its acquirement, — originat ing in a province, but at length, and mainly through the influence of John Adams, enkindling the heart of a continent. Besides reasons of state which embittered the colo nists were some of a personal nature, affecting those especially who suffered under the usurpation of An dros or were displaced by Dudley. This personal ^ " They say, " writes a commissioner in 1665, " they can easily spin out seven years by writing, and before that time a change may come ; nay, some have dared to say, who knows what the event of this Dutch war may be ? " Calendar of State Papers, quoted by Pro fessor Seeley, Expansion of England, 68 n. 66 JOHN ADAMS AND THE REVOLUTION element was never absent from the contest in any of its stages, and finally became one of the most potent forces in arraying the Massachusetts colonists in armed hostility to British authority. The lull of political excitement during the French war was only temporary. With the restoration of peace the people, no longer distressed by the anxieties occasioned by war and irritated by the operations of the Anglican hierarchy, were ready to give ear to the whisperings concerning the ministerial purpose to raise a revenue In America. The passage of the Stamp Act in 1765 left no doubt on that subject. This was the occasion for the reopening of old party questions, and party strife ensued, which continued with scarcely any mitigation until the war. But this was true chiefly of Massachusetts. In the colonies to the southward the repeal of the act was followed by the general apathy which so much alarmed and disgusted Jefferson. The facts verified the con jecture of Franklin. In his examination before the Commons in 1766, he was asked if the Americans would be satisfied with the repeal of the Stamp Act, notwithstanding the resolutions of Parliament as to the right ; and his answer was, " I think the resolu tions of Right will give them very little concern If they are never attempted to be carried Into practice." Additional reasons for the apparent change In pub lic sentiment may be conjectured. At first It seems not to have been generally understood that all sums raised in America by taxation were to be expended there In the defense and government of the country. To this there doubtless were good practical and con stitutional objections ; but these would not be likely to strike the common mind with the same force as a JOHN ADAMS AND THE REVOLUTION 67 project to replenish the British exchequer from the pockets of the colonists. Nor was It unlikely that the acts of violence which everywhere accompanied the popular expression of disapprobation of the measure should on second thought cause some apprehension in the minds of those friendly to law and order. Property also became alarmed. But whatever may have been the reasons for the popular falling off, there can be no question as to the fact ; and if it had been true in the same degree In Massachusetts as In the other colonies, it Is doubtful whether the conflict would have occurred when it did. In Massachusetts, however, there was to be no peace. The Stamp Act was repealed, but the Declar atory Act remained, and the Bishop of London did not stay his hand. The Puritan pulpit rang with unceasing alarm until Its voice was drowned in the clangor of arms. Not one of the causes which had kept the royal governors in contention for sixty years was settled or In abeyance. New causes were con stantly arising, — often made ; and It was the evident determination of the patriotic party that they should be settled only in one way — with substantial Independ ence of British authority in all matters of domestic policy. To these causes must be added the personal hostility, which had become deadly, between Bernard and Hutchinson on one side and James Otis, Jr., and Samuel Adams on the other. The last-mentioned causes kept the contest alive In Massachusetts, which seemed to be In a state of col lapse In other colonies, until the arrival of the East India Company's teas revived colonial interest in pub lic affairs. 68 JOHN ADAMS AND THE REVOLUTION In the early stages of the controversy. International Samuel as well as local, James Otis, Jr., was the Adams leader ; but after a while his light began to party^^^^* flicker, and In 1771 went out and was seen leader, jjq more. Thacher, less to be pitied than Otis, had found an early grave. Joseph Hawley and Samuel Adams remained ; but Hawley's residence was remote from the scene of immediate conflict, and occasional fits of despondency rendered untrustworthy for sudden exigencies one of the most able and Inter esting but little known patriots of the Revolution. Samuel Adams remained, and in all local, religious, political, and personal relations the Revolution In Massachusetts found In him Its greatest leader.-' If his colony was not quite ripe for armed resist ance, nor all of them strong enough, unaided, to carry through the contest If entered upon ; or if, as was the judgment of Hawley,^ and as later events seemed to indicate, there was danger, on one hand, that the conflict would be precipitated without ade quate preparation, and on the other, that the people would grow weary of the strife, — it was Samuel Adams who kept alive the spirit of resistance, and with infallible sagacity piloted the bark of liberty 1 " Adams, I believe, has the most thorough understanding of lib erty and her resources in the temper and character of the people though not in the law and constitution, as well as the most habitual, radical love of it of any of them, as weU as the most correct, genteel, and artful pen. He is a man of refined policy, steadfast integrity, exquisite humanity, genteel erudition, obliging, engaging manners, real as well as professed piety, and a universal good character, unless it should be admitted that he is too attentive to the public, and not enough so to himself and his family," — John Adams in 1765 : Works, ii. 163, ^ See a remarkable letter on this point, written from Northamp ton, February 22, 1775, to Thomas Cushing, in Massachusetts Histori cal Collections, xxxiv, 393, JOHN ADAMS AND THE REVOLUTION 69 through these dangerous seas. Apathy might prevail elsewhere, but In Massachusetts It was not allowed to prevail. At one time there seemed to be danger ; but never was an exigency in human affairs more clearly discerned nor more resolutely met. Never was opposition more thoroughly organized nor led with more consummate skill. To this work Samuel Adams gave his time without stint, his whole heart, and his admirable ability. His convictions of the justice of the cause were founded on the rock. His faith In Its ultimate triumph was as the faith of the martyrs. He was the last of the Puritans, with the zeal of the first of the Puritans.^ He hated kings, but most of all popes and bishops. The crown and the crozier were alike detested symbols of tyranny. The king was an offense far away ; Hutchinson was an offense near at hand. He gathered, united, and led the patriotic party of his day. Into It he Infused his own courage, zeal, and constancy. He was the unrivaled politician of the Revolution. Without him it would never have occurred when it did nor as It did. In this work Samuel Adams was the foremost and greatest man. But the Revolution needed a statesman. Begin ning in a colony, it was provincial. It required to be nationalized. It began on a ization of party basis of local politics ; it needed a con- ^'^^, Kevo- stitutional basis. It had enlisted the sym pathies and resources of a colony. It needed the sen timent of nationality and the resources of a continent. To supply these needs was the work of John Adams. ^ Adams to Morse : " If James Otis was Martin Luther, Samuel Adams was John Calvin , , , cool, abstemious, polished, and refined, though more inflexible, uniform, and consistent." 70 JOHN ADAMS AND THE REVOLUTION The country needed — and, as the Ill-starred cam paigns of 1776 showed. It was one of its sorest needs — one who could enlist the sympathies of continental Europe In behalf of the hard-pressed colonists, shield them from hostile intervention, and secure for them material assistance. For this work, no less by the hajjpy constitution of his mind than by the varied experiences of his life, of all men Franklin was best fitted. Finally, the Revolution needed a leader for its armies : it needed Washington. Of these men, all required for the initiation and successful Issue of the Revolution, each could do his own work supremely well, but neither that of the others. In completeness and grandeur of character Washington stands alone. In mass of Intellect Frank lin Is accounted first and John Adams second ; but If amount and variety as well as importance of service as statesmen be taken Into the account, Franklin and Adams might change places. Under such circumstances of colonial history John Adams appeared on the theatre of public affairs. Before we can rightly estimate his career we must know In what character he appeared. Of course he was not a Tory, nor was he a Son of Liberty, though elected as such. He neither represented nor did he ally himself to any merely political party. He put himself at the head of that great movement of the race In America towards nationality, visible to the dis cerning, as we have seen, everywhere except to those who were in it. John Adams himself was only vaguely conscious of It, or of his relations to It. In this he was like the monk of Erfurth and the son of the brewer of Huntingdon. But, no less than Luther or JOHN ADAMS AND THE REVOLUTION 71 Cromwell, he was elected to lead and direct the move ment of an age. At the age of twenty he said, " Soon after the Reformation a few people came Into this new world for conscience's sake. Perhaps this apparently trivial incident may transfer the great empire of Europe Into America. It looks likely to me ; for if we can remove the turbulent Gallics, our people, according to exact est computation, will in another century become more numerous than England Itself. The way to keep us from setting up for ourselves is to divide us." This was in 1755, four years before Wolfe's victory on the Plains of Abraham and five years before James Otis argued against the Writs of Assistance. This divination of nationality In the future empire of America was not, as It has been regarded, the work of a meditative mind turned politician, but an Intul- itlon of that historic imagination already spoken of which led him In later years to head the movement that realized the prophetic vision of his youth. No two characters in our revolutionary period are more strongly contrasted than Benjamin Franklin and John Adams. Natives of the same colony and In some respects representative of the spirit of Its people, In others they differed as widely from It as they did from each other. Franklin's intellect was of the first order, under the supreme control of common sense, of which he was the incarnation. This determined his attitude to the Revolution. He was opposed to It so far as its promoters contemplated armed resistance to Great Britain. Always averse to war, he would have patiently waited until time and growth should sever the colonies from the mother country. He did not believe the colonies were strong enough to fight the 72 JOHN ADAMS AND THE REVOLUTION king; but when Samuel Adams forced the hand of the minister and war became inevitable, Franklin threw his great Influence with the patriotic party. As matter of judgment, he was right. The colonists were not strong enough to withstand even the feeble generals of the king. At the time of French inter vention the game of war had gone against them, and the last two years were fought largely with French troops and French money. Franklin's judgment was controlled by his great reason. He had no Imagina tion. This is where he differed from John Adams. As Adams said of himself, " It had always been his destiny to mount breaches and lead the forlorn hope." He had faith In It. He had seen It through all the ages In the victorious van, and his Imagination was kindled by the historic review. It was just this sub lime Intuition of nationality which distinguished him among his contemporaries ; and this united with great abilities and high courage made him the first statesman of the Revolution. The value of this gift to the cause which John Adams came to represent, or to himself personally, can hardly be overestimated. He had said that " by looking Into history we can settle In our minds a clear and comprehensive view of the earth at its creation ; of Its various changes and revolutions ; of the growth of several kingdoms and empires ; and that nature and truth, or rather truth and right, are Invariably the same In all times and in all places." This intui tion enabled him to discern in race tendencies, situa tion, and growth the Inevitable result of the approach ing contest 3 and when the hour for choice came he cast his fortunes not with the governmental party as might have been expected from his constitutional and JOHN ADAMS AND THE REVOLUTION 73 professional conservatism, but with those ready to battle for freedom and nationality. And this faith In the prophetic movements of events left no room for doubt as to the justice of the cause or of Its ultimate success. And so he never quailed In the face of dan ger, never was disheartened by disaster, and his every step was a step forward. Besides the faculty by which John Adams divined the end and every intermediate step from the begin ning, in the logical order of events, he possessed another of scarcely less value to the cause. By con stitution of mind as well as by special education he was constructive ; and in this order : before he tore down, he planned reconstruction. Governments were not the results of accident, but growths from germs maturing as the oak from the acorn by laws of race, situation, and the facts of national life. His recon struction, therefore, as we shall see, was In accordance with these laws. Familiar as he was with the theo ries of government from the republic of Plato to those of his own times, and not unwilling to adopt what ever would Incorporate Itself into that system which his race had found most serviceable, he had no faith in systems which lacked the sanction of proved util ity. His work was new. To disrupt an empire was not new. It was not new to overthrow governments. But to overturn thirteen royal provinces, and without Intervening anarchy to set up In their stead thirteen Independent governments ; to loose the bands of an empire and reform the contiguous parts Into an united whole with such coherence as enabled It to maintain Itself against formidable odds, — this was something new in history, and to many seemed Impos sible. 74 JOHN ADAMS AND THE REVOLUTION Samuel Adams represented the Puritan element in the contest In Massachusetts. To him the Revolution was the last In a series of events reaching back through a hundred years to resist the imposition of the Angli can hierarchy on the descendants of the Puritans. Civil and religious liberty were Indissolubly united In his affections, but his Inspiration was religion. This fervor, which gave him power among his own people, detracted from his Influence In those colonies in which the people regarded the Massachusetts Puritans as bigoted fanatics. John Adams was also a believer In religion, but he had read Shaftesbury, BolIngbroke,i and Hume. To him religion had Its place, — the first place In natural order in every well-regulated mind. But he was no bigot and had no invincible repugnance to any form of religious belief. And so in civU government he believed in orderly, constitutional subordination. But In his scheme It was a subordination to laws, not men. He believed In laws. As a lawyer he admitted the supremacy of law ; but as a statesman he recognized the distinction be tween those rules which in judicial tribunals determine the rights of persons and those general maxims appli cable only to legislation. In construing the British Constitution or that of his own colony. It was not with him a question of original theory, but of present fact. " When Massachusettensis says that the king's domin ions must have an uncontrollable power, I ask whether they have such a power or not," is his way of reason ing. What by growth, development, and actual oper- 1 Adams to Jefferson : " I have read him [Bolinghroke] through more than fifty years ago, and more than five times in my Ufe, and once within five years past.' ' — Works, x, 82, JOHN ADAMS AND THE REVOLUTION 75 atlve force have these several constitutions come to be as matter of fact to-day ? Parliamentary suprem acy is doubtless a constitutional maxim In England, and the supremacy of the Great and General Court in all internal affairs, civil as well as ecclesiastical. Is and always has been a constitutional maxim in the province of Massachusetts Bay. And in both cases the validity of these maxims Is to be determined, not by the declarations or admissions of past ages, but by the potentiality of a present declaration. To the as sumed right of Parliament to tax the colonies, as a corollary of parliamentary omnipotence, he offered no theory of constitutional construction, but answered, " Our provincial legislatures are the only supreme authorities In our colonies." Colonial constitutions, like the British Constitution, he assumed were flexi ble, readily adapting themselves to changed circum stances, subject to growth and development, and the sole measure of the rights of the people, whenever as matter of fact they had come to rely upon them as such. Nor did he fail to perceive nor shrink from the conclusion that, when time and circumstances brought on the Inevitable conflict, force would be the final arbiter. To the acceptance of this doctrine he led the national mind, as represented In the Declaration of Rights by the Congress of 1774, and inspired It at a later date with the audacity to defy a power greater than its own. Such seems to have been John Adams's theory of the provincial constitutions, though nowhere expressly formulated In words and perhaps not even In his own mind ; but everywhere evinced by his conduct, not otherwise consistent or intelligible. He frequently met his antagonists, such as Hutchinson and Leonard, 76 JOHN ADAMS AND THE REVOLUTION on their own ground, and sometimes overthrew them by skillful fence ; but his strength and his power were In his practical recognition of the American constitu tions. And if, as has been suggested, he has nowhere given us a complete statement of his constitutional views during the controversial period, but left them to be Inferred, as in the Declaration of Rights, he is not peculiar in this respect. Great leaders, especially if like John Adams they are men of action, are seldom the formulators of their own principles of conduct, and are not always conscious of them. They are men of intuitions ; and their chief distinction is that they are the first to feel the movement of the age, recog nize Its significance, and give it beneficent direction. Excepting the year 1770, when John Adams was a member of the General Court, he had no official rela tion to public affairs. In the vulgar strife between those who had place and those who wanted place he felt no Interest. Poor, ambitious, conscious of great powers, he doubtless desired opportunities for their exercise. He saw positions of power and emolument in his profession engrossed by the old historic families which adhered to the crown. Into this charmed cir cle he gazed, he tells us, not without envy. But he was a man of principle, with a just sense of honor, and no demagogue. Poorly adapted for the game of poli tics, and lacking the faculty which moulds the senti ments of numbers Into some definite form of action, he made a poor figure as a politician. By the constitu tion of his mind, by taste and education, he was fitted for statesmanship ; and when that career was open to him, he entered upon It with such success that he soon became recognized as the most commanding statesman of the country. JOHN ADAMS AND THE REVOLUTION 11 The Revolution encountered difficulties apart from the evident determination of the ministry to sustain the parliamentary authority. As a domestic question, it was to be rescued from party squabbles and placed on such constitutional grounds as would satisfy the sound judgment of those on whom it depended for support, as well as the fervid patriotism of those whose obstreperous demonstrations were silenced by the first call to less noisy duty. It also required to be nation alized ; for unless Massachusetts was to stand alone, and standing alone to fail. It was essential that all the colonies, of diverse nationalities, histories, and reli gions, and without special good-will to Massachusetts, should nevertheless unite with her on common ground, make her cause their cause, and count the work done only when a free, independent empire should rise out of the ruins of thirteen royal governments. The cause in Massachusetts did not stand exactly on the right basis. It was too local and personal. It was too largely a question between the ins and the outs to excite interest In the other colonies, and in the eccle siastical contention they had no sympathy with the Massachusetts Puritans. To one of less abundant resources or less confidence in them, to one with less faith In the future empire of America, grounded on the historical development of nationality and constitutional government by the Anglo-Saxon race, the magnitude and difficulties would have been appalling. But John Adams brought abil ity, courage, and devotion to the cause, and he gained it. When he entered Congress In 1774 he found the representatives of the thirteen colonies brought to gether chiefly by commercial considerations, having no principle of cohesion and no purpose of united action. 78 JOHN ADAMS AND THE REVOLUTION except peaceful resistance to parliamentary taxa- tlon.i But before he left Congress In 1777, and more through his Instrumentality than any other, these col onies had become independent states, some with con stitutions for which he constructed the plan, and united states, with the germ of a constitution which took shape under the Constitution of the United States, in which were embraced the essential features of the Constitution of Massachusetts, the work of his own hands. Such an opportunity has seldom presented itself to a statesman in any age or country; seldom has such opportunity been so successfully improved. The period between 1765 and 1775 was prolific of _ . , party pamphlets. In which the parliamentary tional pretensions and colonial rights were dls- questions, g^gggj with zeal and often with great abil ity. Massachusetts contributed her full share of this literature to the common cause, and added a series of state papers comprising messages from the royal gov ernors and answers from the two houses, together with resolutions from conventions and popular assem blies, probably unsurpassed In volume by similar pro ductions emanating from any other colony. Owing to her peculiar situation and the frequent occasion she gave for interference In her affairs by the king or his representatives, few constitutional questions of colonial Import failed of exhaustive discussion. John Adams's contribution to this revolutionary literature was considerable In amount, and the direction he gave ^ In the Congress of 1774, *' after the first flush of confidence was over, suspicions and jealousies began to revive. There were in all the colonies many wealthy and influential men who had joined, indeed, in protesting against the usurpations of the mother country, but who were greatly disinclined to anything Uke a decided rupture." — HU dreth, iii, 45, JOHN ADAMS AND THE REVOLUTION 79 to it was followed by consequences of importance to the patriotic party In Massachusetts, and later to the' national party in Congress. The Stamp Act and other colonial measures which proceeded from the British ministry became party questions on both sides of the water, and were dis cussed in Parliament with the heat which character izes party declamation at all times. In those days as well as In later days, and in grave histories, these declamatory utterances were regarded and cited as statesmanlike determinations of constitutional ques tions. Nothing can be more misleading. They were mainly party cries of the opposition, similar to those with which we became familiar In the congressional debates which preceded the late Civil War. Chat ham's splendid eloquence gave currency to declara tions which had no foundation In constitutional law, and Camden, from whose judicial mind more caution might have been expected, conceded and not long after denied the American position ; nor was either utterance without suspicion of political or personal motive. Their object was not to support the rights of the colonists, but to overthrow their opponents. There were those among the colonists at the time who held these partisan declarations at their just estimate. John Adams said, " I know very well that the oppo sition to ministry was the only valid ground on which the friendship for America that was professed in England rested." Camden, who had asserted with the colonists that taxation and representation were inseparable, later, in 1767, declared that his doubts were removed by the declaration of Parliament itself, and that its authority must be maintained. But this attitude of the opposition in England, though not 80 JOHN ADAMS AND THE REVOLUTION generally understood in America, was of great advan tage to her cause. It encouraged the colonists in their resistance and led to a feeble and vaciUating policy in the ministry, which showed itself In the in efficient conduct of the war.^ The questions of constitutional law raised by the parliamentary revenue measures affecting the colonies neither at the time nor since have received a satis factory solution. Regarded as questions of law de terminable in courts of justice, or of the legislative power under the British Constitution, in which aspect a lawyer would at first be likely to regard them, John Adams might well have hesitated in forming an opin ion. Otis at the outset took the ground that Acts of Parliament were not binding on the colonies ; but on fuller consideration of the subject. In his work on the " Rights of the Colonies," he conceded the claim of parliamentary supremacy. This was Chatham's doc trine coupled with a distinction between external and internal taxes ; and Franklin had incautiously ad mitted " that an adequate representation In Parlia ment would probably be acceptable to the colonists." John Quincy Adams quotes Jefferson's statement, " that In the ground which he took, that the British Parliament never had any authority over the colonies any more than the Danes and Saxons of his own age had over the people of England, he never could get anybody to agree with him but Mr. Wythe. It was too absurd." He then adds, " In truth, the question of right as between Parliament and the colonies was one of those upon which It Is much easier to say who was wrong than who was right. The pretension that they had the right to bind the colonies In all cases 1 See Quarterly Review, January, 1884, p, 7, JOHN ADAMS AND THE REVOLUTION 81 whatever, and that which denied them the right to bind In any case whatever, were the two extremes equally unfounded ; and yet It Is extremely difficult to draw the line where the authority of Parliament commenced and where It closed." ^ John Adams drew the line against the authority of Parliament in any case whatever except by the colo nial consent; and this position, taken In the earliest stages of the controversy, he consistently maintained to the end. And this was the only tenable ground. Once admit the supremacy of the British Constitution in regulating the Internal affairs of the colonies, and there was no ground for constitutional resistance to any acts affecting them as distinguished from the people within the three kingdoms. On that ground neither Hutchinson nor Leonard was answered.^ It was a question of fact, and chiefly as to time. When the colonial charters were the evidence of corporate existence within the realm for extra-territorial pur poses, they Uke aU domestic charters were subject to alteration or repeal; but when by lapse of time, growth, and usage they had become governments proper, regulating their own internal affairs, they then became colonial constitutions which excluded aU other authority. This I understand the position of John Adams to have been. Burke recognized the 1 Life and Works, vUi, 282. ^ General poUtical maxims never have had, and probably never wUl have, practical force either in courts or legislative bodies. To quote the maxim that taxation and representation were inseparable as a guide to legislation or as a ground for legal resistance to a law already passed, while five sixths of the people of England, whole counties, large towns, and many of the Channel Islands were, or had been, wholly unrepresented though fully taxed, was practicaUy as absurd as for a fugitive slave to quote the Declaration of Independ ence or the preamble to the Constitution in a court of law. 82 JOHN ADAMS AND THE REVOLUTION effect of usage in determining constitutional rights. " Do not burden them with taxes ; you were not used to do so from the beginning. Let this be your reason for not taxing." Of course the British Parliament were quite at liberty to take an entirely different view of the question, as they did, and its practical solution depended on the relative strength of the parties. John Adams was brought face to face with this question, and took his position In regard to It before the Governor and Council In 1765, on the petition of the town of Boston for reopening the courts, which had been closed for the want of stamps required by the act. A few days before he had written In his diary, " It Is my opinion that by this inactivity we dis cover cowardice and too much respect for the act. This rest appears to be, by implication at least, an acknowledgment of the authority of Parliament to tax us. And If this authority Is once acknowledged and established, the ruin of America will be inevitable." This was on the 18th of December. On the 20th Is the following : " I grounded my argument on the Invalid ity of the Stamp Act, It not being In any sense our act, having never consented to it." On the validity of this position John Adams staked his legal reputation, his hopes, his fortunes, and the welfare of his people. It is one of the highest claims of Washington to the gratitude of mankind that he carried the country through a long war in strict subordination to the civil authority ; and it raises our respect for John Adams that, his position once taken on the fundamental law of his colony, he maintained it with courage and fidel ity, without swerving from principle and without re course to the arts of a demagogue. He began his JOHN ADAMS AND THE REVOLUTION 83 career as a statesman, and such he remained to the end. After the death of Thacher and the retirement of James Otis, Jr., John Adams became the trusted ad viser of the patriot leaders on all legal and constitu tional questions. They had need of him, for the party which adhered to the crown was led by very able men, who carried with them the Influence of wealth, social position, and official station. A cause supported by such men as Hutchinson, Sewall, and Leonard could be overthrown only by powerful assailants. Better than any man of affairs save Hutchinson, John Adams understood the history, legislation, and constitutional law of his colony ; and probably no man of his day, on either side of the Atlantic, had more carefully con sidered the foundations of government, or the forma tive process by which constitutions adapt themselves to the changing circumstances of national life. He recognized their present validity only so far as they conformed to the laws of national growth ; and he saw that they retained their Identity only as the oak is identical with the acorn from which it sprung. In the legal and constitutional controversies which preceded hostilities, the dialectical force was by no means wholly on the side of the patriotic party. Hutch inson was a formidable antagonist, and more than once caused anxiety In the camp of the Whigs. And he was surpassed by Daniel Leonard, whose weekly papers, published in the winter of 1774-75 under the signature of " Massachusettensis," raised this anxiety to positive alarm. These celebrated letters, — If such can be called celebrated which no one reads ; a classic lost to literature amid the ruins of the cause which brought it forth, — written with evident sincerity of 84 JOHN ADAMS AND THE REVOLUTION purpose and almost pathetic tenderness of feeling, were likely to affect the popular mind very powerfully ^ at a time when the colony seemed to be drifting into war. His constitutional argument was strong, perhaps un answerable on the ground on which he put it ; and his appeals to the judgment, good sense, and right feeling of the community required an answer. The eyes of the Whigs were turned to John Adams. He had just returned from the Congress at Philadelphia, in which, with infinite difficulty, he had brought the delegates to the true fighting ground of the Revolution. With the constitutional argument he was perfectly familiar. The answers of the House of Representatives, in Jan uary and March, 1773, to Hutchinson's messages, were Indebted to him for their legal astuteness, which was adopted by Samuel Adams and used with the sklU which characterizes his acknowledged compositions. I refer to these controversial papers only for the pur pose of showing the attitude of John Adams to the main question. The Tory writers, assuming that the colonists were British subjects within the realm, and with rights and duties determinable by the construc tion ordinarily given to the British Constitution in practical legislation, had little difficulty In making plain that no line could be drawn between absolute parliamentary supremacy in all cases whatever and total Independence. This was forcing the controversy to an issue for which the colonists as a whole were not ripe, as John Adams had sorrowfully learned In the recent Congress at Philadelphia. As a Massachusetts issue he could accept it with prompt decision; but ^ " Did not our Massachusettensis For your conviction strain his senses ? " Tkumeull's McFingal. JOHN ADAMS AND THE REVOLUTION 85 there were other parties to be conciliated, and he necessarily wrote with a view to the state of feeling in the other colonies and in England as well, where the contest was regarded with Intense Interest. In discuss ing the question as one arising on the construction of the British Constitution, he showed both power and learning In attack as well as In defense ; but he was in close quarters with an antagonist worthy of his steel, and as Is usual in such cases he experienced the varying fortunes of war. But on his own ground — the position taken before the Governor and Council In 1765, on the petition for opening the courts ; and later, in the fourth article of the Declaration of Rights by the Congress at Phila delphia — he was on firm, constitutional ground, and historically correct. If the general course of colonial history rather than Isolated facts Is regarded. Some of these positions have been already referred to ; but as he is about to pass from the provincial to the na tional stage, and as the replies to " Massachusettensis " were the latest and most authentic expression of his views on the colonial constitution, I refer to them again. On the parliamentary modification of the charter contemporaneous with the Boston Port Bill he says, " America will never aUow that Parliament has any authority to alter their constitution. She Is whoUy penetrated with a sense of the necessity of resisting It at all hazards. And she would resist It If the con stitution of Massachusetts had been altered as much for the better as It is for the worse." The Inviolability of the colonial constitution, and that constitution as the basis and measure of colonial rights, was his doc trine. 86 JOHN ADAMS AND THE REVOLUTION This bold position was the true position. No sounder doctrine ever emanated from any American constitu tionalist ; and when John Adams assumed it, defended it, and brought his colony to stand upon It and fight the war upon it, he rendered her a service of states manship such as has never been surpassed. It changed the nature of the contest. Acts which would have been rebeUion to the British Constitution, and made all participators in them traitors, were no longer such, but justifiable and patriotic defense of their own con stitutional liberty. The Whigs were no longer fighting against Great Britain, but for the protection of their own rights. The difference was Immense, and so were the conse quences. This new feeling nerved the arm and fired the hearts of many whom the idea of treason Inspired with something of Its old terror. Every act of min isterial power designed to coerce the colonists was usurpation, and the ministerial troops became an or ganized mob which might be lawfully resisted. Important as were the consequences of John Adams's doctrine of the inviolability of colonial con stitutions In affording a good fighting position, other and even more Important consequences flowed from it. If the people of the several colonies were living under constitutional governments of their own, and not merely royal charters revocable at the pleasure of the Imperial government. It followed that they had a right to change their constitutions at will and mould them to their changed circumstances. This was what John Adams Incessantly urged in the Congress of 1775, and what was as strenuously resisted by a large party not yet ripe for Independence, which, they claimed, and with truth, such a measure would promote more than JOHN ADAMS AND THE REVOLUTION 87 any other conceivable. Finally Adams prevailed ; and while the war was going on, several of the colonies adopted State governments on models furnished by him, and notably his own State, the constitution of which he drafted, and from which was adopted the frame of government in the Constitution of the United States. Fifty millions of people to-day live under a constitution the essential features of which are after his model. Thirty-eight States now have constitutions in no essential respect differing from that which he drafted. Thus widely Is his Influence felt. How per manently, God only knows. But until constitutional government is overthrown on this continent, the work of the Geeat Constitutionalist will endure. As an example of his insight and grasp of constitu tional principles may be cited his action in respect to the impeachment of the judges who accepted salaries from the crown Instead of the province, in contraven tion of the provincial constitution. Peter Oliver was chief justice. His brother, the stamp distributor, had been compelled to renounce his office under the Liberty Tree. But the chief justice was understood to be of sterner stuff, and probably would have yielded his life sooner than his office at the dictation of the mob. The Whigs — and most of all the Whig lawyers — were in doubt. But John Adams had no doubt. The provincial constitution, he claimed, contained the germ of every power which had been developed in the Brit ish Constitution in the centuries of Its growth ; and now that the exigency had arisen which called forth the latent resources of the provincial constitution, with that promptness, decision, and sound judgment which always characterized his action when there was anything to call forth his powers, he proposed the 88 JOHN ADAMS AND THE REVOLUTION impeachment of the chief justice by the House before the Council. After his professional brethren had re covered from their astonishment at the audacity of this proposal, and come more fully to understand the constitutional basis on which It rested, they feU In with the idea, and proceedings were inaugurated, which were brought to a summary end by the war and the flight of Oliver to England on the evacuation of Bos ton by the king's troops. When John Adams was transferred from a provin cial to a national stage as one of the delegates from Massachusetts to the Continental Congress, which met at Philadelphia In September, 1774, he became asso ciated with a body of very able men, among whom he at once assumed a leading position, as he had done In his own colony. He was by considerable the ablest man in the body, and In his line of constitutional statesmanship by far the best equipped. But his position was one of great difficulty. It is only after a careful study of the proceedings of this Congress and the subsequent history of some of its niembers that we come at Its real character. It was a Peace Congress.^ Some of the colonies had been compromised by their attitude In respect to the East India Company's teas ; and the extreme measures of the British government In closing the port of Boston and altering the charter of the contumacious people of Massachusetts excited the apprehension of other ^ That such was its character is evident from the final resolutions adopted : — "We have for the present only resolved to pursue the foUowing peaceable measures : 1, to enter into a non-importation, non-consump tion, and non-exportation agreement or association, 2 and 3, to address the people of Great Britain, the inhabitants of British America, and to prepare a loyal address to his Majesty," JOHN ADAMS AND THE REVOLUTION 89 colonies as to the ulterior purposes of the ministry. While it was the patriotic desire of the Congress to express their sympathies and to stand by the people of Boston In the hour of their sufferings. It was hoped and expected that some conciliatory course would be followed which would allow the ministry and the Mas sachusetts people to extricate themselves from their difficulties without recourse to war. John Adams had no faith In the efficacy of the peti tion to the king, nor In the addresses to the people of Great Britain and the Canadas. Matters had gone so far in New England that they would be satisfied with no terms short of the withdrawal of the royal troops, the reopening the port of Boston, and the total repeal of all measures designed to reduce them to obe dience. At the same time, not only the British min istry, but the British people also, were demanding the complete submission of the Bostonians or the inflic tion of condign punishment. So far as Massachusetts was concerned, the war was Inevitable. John Adams saw It to be so, and prepared himself for It. He endeavored to prepare the Congress for It, and not without valuable results. The great work effected by this Congress was the bringing the colonies on to common ground by a declaration of their rights. Opinions were divided. A compromise ensued, and the famous fourth article was the result. It was drawn by John Adams, and carried mainly by his influence, and reads as follows : — " That the foundation of English liberty and of all free government is a right In the people to participate in their legislative council ; and as the English colo nists are not represented, and from their local and other circumstances cannot be properly represented in 90 JOHN ADAMS AND THE REVOLUTION the British Parliament, they are entitled to a free and exclusive power of legislation In their several provin cial legislatures, where their rights of representation can alone be preserved in all cases of taxation and internal polity, subject only to the negative of their sovereign in such manner as has been heretofore used and accustomed. But from the necessity of the case and a regard to the mutual interest of both countries we cheerfully consent to the operation of such acts of the British Parliament as are hona fide restrained to the regulation of our external commerce, for the purpose of securing the commercial advantages of the whole empire to the mother country and the com mercial benefits of its respective members, excluding every idea of taxation. Internal or external, for raising a revenue on the subjects in America without their consent." This was not precisely what John Adams wanted, but it was much. When this declaration went forth, the cause of Massachusetts, In whatever It might eventuate, was the cause of the colonies. It was na tionalized. This was John Adams's greatest feat of statesmanship. On It the success of the impending war and the Declaration of Independence rested.^ Congress, having completed Its work, adjourned ^ It is interesting to learn that John Adams regarded the declara tion of the Congress on the subject of parliamentary power over the colonies merely as the reaffirmance of the old colonial doctrine, " Thus it appears," he says in Novanglus, " that the ancient Massa- chusettensians and Virginians had precisely the same sense of the au thority of Parliament, viz., that it had none at aU ; and the same sense of the necessity, tliat by the voluntary act of the colonies, their free, cheerful consent, it should be allowed the power of regulating trade ; and this is precisely the idea of the late Congress at Philadelphia, expressed in the fourth proposition of their BiU of Rights." — Works, iv, 112, JOHN ADAMS AND THE REVOLUTION 91 October 26, 1774. This body has been much com mended for Its moderation and ability. Chatham eulogized the remarkable series of addresses it sent forth ; but neither Samuel Adams nor John Adams nor some of the Virginians were satisfied with the results of the Congress. As Bancroft says, " Con gress did not as yet desire Independence. Had that been their object, they would have strained every nerve to Increase their exports and fill the country with the manufactures and munitions which they required." On the contrary, they agreed upon certain commercial restrictions upon the trade of the mother country and those colonies which should side with her, hoping thereby to coerce the king's government, by the Influence of the manufacturing and trading classes at home, to desist from that commercial policy which was the chief ground of their displeasure. As matter of fact the Revolution had not cast off Its commercial phase. It had, however, made one capital declara tion of colonial rights. The value of this stroke of statesmanship became apparent In the next session of Congress In May, 1775. The events at Lexington and Concord had precipitated the contest which the majority of the people of the colonies wished to avoid. But the die was cast, and one of the delegates at least had mea sured the magnitude of the struggle that had begun, the necessity of nationalizing it, and of bringing to its support the full powers and resources of a conti nental government. This sagacity and statesmanship were evinced by the completeness of his plans ; and his practical force, by his final success In carrying them into operation In spite of innumerable obstacles thrown in his way. " We ought," wrote John 92 JOHN ADAMS AND THE REVOLUTION Adams to General Warren, July 24, " to have had In our hands a month ago the whole legislative, execu tive, and judicial of the whole continent, and have completely modeled a constitution ; to have raised a naval power, and opened aU our ports wide." When the intercepted letter which contained the above extract was published at Philadelphia, it " displayed him as drawing the outlines of an independent state, the great bugbear in the eyes of members who still cling to the hope that the last resort might be avoided." These views subjected him to animadversion, and even cold treatment, to the extent that he "was avoided in the streets by many as If It were a con tamination to speak with such a traitor." We see the magnificence of his plan to create the empire which he foresaw In his youth. We see the sagacity of the measures by which It was to be accom plished. We also see, what those who opposed him were soon to see, the vast resources, the untiring labors, and Indomitable courage which he brought to the execution of these plans.-^ His plan was to sever at once every political tie which bound the separate colonies to Great Britain in ^ " Her (Massachusetts) government passed out of royal hands before the Continental Congress had been in session a month. After a partiaUy successful appeal for the advice of the Continental Congress, hers was the first government to be placed on a new although con fessedly temporary foundation ; and from one of her leaders went forth to the other colonies one of the strongest single lines of influ ence toward the speedy erection of commonwealth governments, Massachusetts endorsed heartUy, even if for the time incompletely, the principal feature of John Adams's plan of political campaign ; and it was toward the fuU realization of his poUcy in the complete establishment of commonwealth governments that the leaders aimed consistently during the few years of the distinctly transitional period," — Harry A, Cushing's Transition from Provincial to Com monwealth Government, 13, 14. JOHN ADAMS AND THE REVOLUTION 93 their royal governments, and to lay the basis of their independence by the erection of state governments In their stead ; to nationalize these state governments by confederation, and to give this new government the sub stance as well as the form of nationality by adopting the army before Boston and putting it under national commanders ; by constructing a navy ; by issuing bills of credit ; by sending embassadors to foreign nations ; and finaUy, by declaring the thirteen colo nies the free, independent United States of America. To the accomplishment of this work of building a nation, no one of all the great men with whom he was associated addressed himself with a clearer compre hension of what It Involved, or more ably or more assiduously devoted himself to it, than John Adams. This was his great work. Before its substantial completion I do not think he could have been spared. I see no one who could have filled his place between 1774 and 1777. But after that period, the Revolu tion in successful progress, independence declared, and the work of constitutional reconstruction well advanced, he might have retired to well -merited repose. The Congress thought otherwise ; and John Adams, who always heeded the call of his country, embarked for Europe charged with diplomatic duties. He was well informed In matters of public and inter national law, but was not, I think, speciaUy adapted for a diplomatic career. He rendered some excellent service, but none which might not have been as well performed by his able associates, unless we may still question whether their zeal for the preservation of the old colonial rights to the fisheries and for extending the boundaries of the country to their furthest limits was equal to his own. He certainly had always 94 JOHN ADAMS AND THE REVOLUTION before his eyes the vision of his youth — the Empire of America. Not even In a later day was Webster's view wider, more national, or more patriotic ; nor in the largeness and liberality of his commercial policy has he ever been surpassed by any of our public men. Doubtless there Is a tendency to over-estimation when our eyes are fixed somewhat exclusively upon a single actor In a cause which enlists the abilities of other eminent men. But I think we may safely add our own to the according voices of those patriots who were personally cognizant of the services of John Adams, in assigning to him the preeminent place among the statesmen of the Revolution. He did not bring to the Revolution so large an understanding as Franklin's. But Franklin lacked some things essen tial to the cause which John Adams possessed. He lacked youth. At the critical period which was form ing au epoch In history, he was an old man, with great Interests depending on the existing order of things, averse to extreme measures, especiaUy war, and with out special training for constitutional questions. Jay, Jefferson, Wythe, Henry, Lee, Gadsden — not to mention others — were able men, and rendered great services. But, save Franklin, no man In the colonies was so largely endowed as John Adams. His under standing was extraordinary. He planned well, and he executed his plans. There was no other man of so much weight in action as he. There were wise men — some, estimated by conventional standards, much wiser than John Adams ; but none whose judgments on Revolutionary affairs have proved more solid or enduring. There were younger men of genius and older men of great experience In affairs ; but John Adams was just at that period of life when genius JOHN ADAMS AND THE REVOLUTION 95 becomes chastened by experience without being over powered by adversity. But whatever may have been the value of his ser vices when compared with those of his great compa triots, it is sufficient title to lasting honor and the unceasing benedictions of his countrymen that John Adams had a conspicuous place among those who builded a great nation, made It free, and formed gov ernments for It which seem destined to endure for ages and affect the political condition of no Inconsid erable part of the human race. While living John Adams had no strong hold on the people, and at one time, as he said, an immense unpopularity, like the tower of Siloam, feU upon him ; and now that he Is dead, even the remembrance of his great services seems to be growing indistinct. He probably lacked many of those qualities which attract popular favor, and those which he possessed, such as courage and steadfastness, were exhibited on no theatre of public action, but in the secret sessions of the Con tinental Congress. Passionate eloquence on great themes touches the heart to finer Issues ; but no sylla ble of those powerful utterances which, as Jefferson tells us, took men off their feet, was heard beyond the walls of Independence Hall ; and even the glory of the transaction which made the old hall Immortal rests upon the hand which wrote, not upon that which achieved, the Great Declaration. This ought not to be altogether so. It niatters little to the stout old patriot with what measure of fame he descends to remote age, for he will never wholly die ; but to us and to those who come after us It Is of more than passing consequence that we and they withhold no tribute of just praise from those unpopular men who 96 JOHN ADAMS AND THE REVOLUTION deserve the respectful remembrance of their country men. In the public squares of the city have been erected statues of those great men, save John Adams, whose services were Indispensable to the Initiation and suc cessful issue of the Revolution — Samuel Adams, Benjamin Franklin, and George Washington ; but our eyes seek In vain for any adequate memorial of him whose life, public and private, was without blemish, whose essential character Is worthy of all admiration, and whose services ought never to be forgotten so long as free, united, constitutional government holds its just place in the estimation of the people. THE AUTHENTICATION OF THE DECLARA TION OP INDEPENDENCE JULY 4, 1776 Reprinted fkom the Proceedings op the Massachusetts Historical Society, November, 1884 THE AUTHENTICATION OF THE DECLARATION Few historical events which have occasioned con troversy are referred to definite time and place by such overwhelming weight of authority, personal and documentary, as that which assigns the authentication of the Declaration of Independence, by the signatures of the members of Congress, to Independence HaU In Philadelphia, July 4, 1776. After It had been called In question, this was distinctly affirmed by two of the most eminent of the persons then present, one of whom was the author of the Declaration, and the other the most powerful advocate of the resolution on which it was based ; and their concurring statements appear to be corroborated by memoranda claimed to have been written at the time, as well as by the printed official Journal of the Congress of which both were members ; and yet it is more than probable that both eye-witnesses were mistaken and the memoranda untrustworthy, while the printed Journal Is demon strably misleading. This is aU the more extraordi nary since the error relates to an event In respect to which error is hardly predicable. It is not a question as to what took place on some widely extended battle field crowded with struggling combatants, but as to what passed directly under the eyes of fifty Intelligent gentlemen in the quiet and secret session of the Con tinental Congress. 100 DECLARATION OF INDEPENDENCE The question Is this: Was the draft of the De claration of Independence, which after various amend ments was finally agreed to on the afternoon of July 4, forthwith engrossed on paper and thereupon sub scribed by all the members then present except Dick inson ? This Is affirmed by Adams and Jefferson, and In this the printed Journal seems to sustain them. But this, Thomas McKean, himself a signer, present on the 4th, and voting for the Declaration, has ex plicitly denied; and so have Force,^ Bancroft,^ and Winthrop.^ With some variation in phrase, these writers agree with Mr. Webster,* who says that on the 4th " it was ordered that copies be sent to the several States, and that It be proclaimed at the head of the army. The Declaration thus published did not bear the names of the members, for as yet It had not been signed by them. It was authenticated, like other papers of the Congress, by the signatures of the president and secretary." Of the more recent writers, Frothingham ^ and Ran dall,^ unable to see their way in this conflict of author ity, have left the matter In doubt ; while Dr. Lossing, who had said that " the Declaration of Independence was signed by John Hancock, the President of Con gress, only, on the day of its adoption, and thus it went forth to the world," " having reexamined the ^ The Declaration of Independence, 63. ^ History ofthe United States, viii, 475. » Fourth of July Oration, 1876, 28, * Works, i, 129 ; see T, F, Bayard's oration in Proceedings on Un veiling Monument to Caisar Rodney, 47, and Roberdeau Buchanan's Life of McKean, 37. ^ Rise ofthe Republic, 545 n, * Life of Jefferson, i, 171 n, ' Field Book of the Revolution, ii. 79. DECLARATION OF INDEPENDENCE 101 question, or convinced by the statements of Mrs. Nellie Hess Morris, ^ has changed his opinion, and now affirms that It was engrossed on paper and signed on the 4th by all the members who voted for It, and subsequently on parchment, and again signed on Au gust 2 In the form weU known In facsImUe.^ The first to chaUenge the commonly received opin ion that the Declaration of Independence was en grossed and then signed by the members of Congress on July 4 was Thomas McKean. Shortly after Gov ernor McKean's death in 1817, John Adams sent to Hezekiah Niles eight letters written to him by Mc Kean between June 8, 1812, and June 17, 1817. These letters were published In Niles's " Weekly Register " for July 12, 1817 (xU. 305 et seq.). In one of them, dated January 7, 1814, which Is too long to be given In full, but which may be found ut supra, and also In the " Collections of the Massa chusetts Historical Society " (xliv. 505), Governor McKean says : — " On the 1st of July, 1776, the question [on the Declara tion] was taken in coinniittee of the whole of Congress, when Pennsylvania, represented by seven members then present, voted against it, four to three. Among the ma jority were Robert Morris and John Dickinson. Delaware (having only two present, namely, myself and Mr. Read) was divided. All the other States voted in favor of it. The report was delayed until the 4th ; and in the mean time I sent an express for Csesar Rodney to Dover, in the county of Kent in Delaware, at my private expense, whom I met at the State House door on the 4th of July in his boots. He resided eighty miles from the city, and just 1 Potter's American Monthly, iv.-v. 498. 2 Ibid. 754. 102 DECLARATION OF INDEPENDENCE arrived as Congress met. The question was taken. Del aware voted in favor of Independence. Pennsylvania (there being only five members present, Messrs. Dickinson and Morris absent) voted also for it. Messrs. Willing and Humphries were against it. Thus the thirteen States were unanimous in favor of Independence, Notwithstanding this, in the printed Public Journal of Congress for 1776 (vol, ii,) it appears that the Declaration of Independence was declared on the 4th of July, 1776, by the gentlemen whose names are there inserted, whereas no person signed it on that day ; and among the names there inserted one gentle man, namely, George Read, Esq,, was not in favor of it ; and seven were not in Congress on that day, namely, Messrs. Morris, Rush, Clymer, Smith, Taylor, and Ross, all of Pennsylvania, and Mr. Thornton, of New Hamp shire ; nor were the six gentlemen last named members of Congress on the 4th of July. The five for Pennsylvania were appointed delegates by the convention of that State on the 20th July, and Thornton took his seat in Congress for the first time on the 4th November following ; when the names of Henry Wisner, of New York, and Thomas Mc Kean, of Delaware, are not printed as subscribers, though both were present in Congress on the 4th of July and voted for Independence. . . . After the 4th of July I was not in Congress for several months, having marched with a regi ment of Associators, as Colonel, to support General Wash ington, until the flying camp of ten thousand men was com pleted. When the Associators were discharged I returned to Philadelphia, took my seat in Congress, and signed my name to the Declaration on parchment.'' In transmitting this letter to Mercy Warren for her reading, John Adams said : — " I send you a curiosity. Mr. McKean is mistaken in a day or two. The final vote of independence, after the last debate, was passed on the 2d or 3d of July, and the De claration prepared and signed on the 4th. DECLARATION OF INDEPENDENCE 103 " What are we to think of history, when in less than forty years such diversities appear in the memories of liv ing persons who were witnesses ? " After noting what you please, I pray you to return the letter. I should like to communicate it to Gerry, Paine, and Jefferson, to stir up their pure minds." * Governor McKean's recollection was certainly at fault in one or two particulars. His patriotic and successful endeavor to bring Rodney up from Dela ware was that he might vote on the main question, — the Resolution of Independence, which passed the 2d of July. It is doubtful, also, whether he was correct in saying that Wisner of New York voted either for the Resolution or for the Declaration ; for, though he may have been In favor of independence, the delegates from that State were not authorized so to vote until July 9, nor was their authority communicated to Con gress before July 15.^ McKean was in error on some collateral points ; but was John Adams right and Mc Kean wrong on the main question, — the signing of the Declaration on the 4th ? It is premature to decide until all the evidence Is produced ; but there is a noticeable letter written by John Adams to Samuel Chase from Philadelphia, July 9, in which he says : " As soon as an American seal is prepared, I conjec ture the Declaration will be subscribed by aU the members, which wiU give you the opportunity you wish for of transmiting your name among the vo taries of Independence." ^ From this It Is clear that Chase, whose name appears on the printed Journal 1 Massachusetts Historical Collections, ser. 5, iv, 505, 2 Journal of Congress, U, 265. 8 Works, h:. 421. 104 DECLARATION OF INDEPENDENCE of the 4th as a signer, was not In Philadelphia on that day, nor until after the 9th; and a question arises, why Chase, on his return to Philadelphia, should not have signed that Declaration which John Adams says he and others signed on the 4th, in stead of waiting for the general subscription, which he conjectured would take place after the prepa ration of an American seal. The following entry In the Journal shows that Carroll was not in Congress until after that date, though his name is entered on the same Journal, when printed, under July 4, as then present and signing the Declaration : — July 18. " The delegates from Maryland laid before Congress the credentials of a new appointment made by their convention, which were read as follows : — " In Convention, Annapolis, July 4, 1776. " Resolved, That the honorable Matthew Tilghman, Esq.; and Thomas Johnson,, Jun,, William Paca, Samuel Chase, Thomas Stone, Charles Carroll of CarroUton, and Robert Alexander, Esqrs.; or a majority of them, or any three or more of them, be deputies to represent this colony in Con gress, etc. etc. . . . Extract from the minutes : G, Duvall, Clerk." 1 ^ Journal of Congress, ii, 273, The addition to the name of Charles Carroll, in the above resolve, of the words "of CarroUton," shows that such was his common designation before he signed the Declaration of Independence, Carroll, though he had a large pro perty at stake, was one of the most ardent of the patriots, and as im patient as any of his associates at the delay of his colony to take the ground of independence ; and on the very day on which the printed Journal represents him as at Philadelphia and signing the Declara tion he was at Annapolis, where he bad been for some time engaged in the finally successful effort to bring the recalcitrant Assembly to the point of voting the resolve quoted in the text. Due consid eration of the significance of the foregoing facts begets doubt respect ing the story which has been widely circulated and has gained some DECLARATION OF INDEPENDENCE 105 But the most particular and apparently the most irrefragable statement in favor of the popular belief that the Declaration was signed on the 4th by the members then present, except Dickinson, is found In Jefferson's memoranda, and also In his letter of May 12, 1819, to Samuel Adams WeUs.i And first the memoranda. At the end of the Declaration, on page 21, Jefferson has appended the following : — " The Declaration, thus signed on the 4th on paper, was engrossed on parchment and signed again on the 2d of August."And In brackets : — " Some erroneous statements of the proceedings on the Declaration of Independence having got before the public in latter times, Mr. Samuel A. Wells asked explanations of me, which are given in my letter to him of May 12, '19, before and now again referred to, I took notes in my place while these things were going on, and at their close wrote them out in form and with correctness ; and from one to seven of the two preceding sheets are the originals then written."credence. It is to the effect that when the members were signing the engrossed copy of the Declaration on August 2, Hancock, with some implied allusion to his own large fortune supposed to be imperiled by his signing, asked Carroll, who also was rich, " if he intended to sign," Perhaps there was nothing Lu the character of Hancock which would have prevented his asking such a question ; but certain facts stand in the way, Carroll took his seat July 18, The next day Congress voted that the Declaration, when engrossed, should be signed by every member of that body. So that if Carroll's patriotic efforts at Annapolis, which secured to himself and his delegation the right to vote, left any doubt as to his intention in that regard, the above vote of Congress renders the insolent question attributed to Hancock altogether improbable. The same may be said as to the alleged addition to Carroll's signature of the words "of CarroUton " in consequence of the taunt of a by stander that their omission might save him his estate. 1 Jefferson's Writings, Boston ed,, 1830, i, 20, 94. 106 DECLARATION OF INDEPENDENCE In the margin the editor Informs us that the above note is on a slip of paper pasted in at the end of the Declaration. There Is also, he tells us, sewed into the manuscript a slip of newspaper containing McKean's letter, from which it appears that Jefferson intended to make an Issue of fact with Governor McKean. Jefferson, in his letter to WeUs, says : — " It was not till the 2d of July that the Declaration itself was taken up, nor till the 4th that it was decided ; and it was signed by every member present except Mr. Dickinson.^ The subsequent signatures of members who were not then pre sent, and some of them not yet in office, is easily explained if we observe who they were ; to wit, that they were of New York and Pennsylvania. . . . Why the signature of Thorn ton of New Hampsliire was permitted so late as the 4th of November, I cannot now say." It Is Important to notice that when Jefferson speaks of a " Declaration thus signed," he must have had be fore him one that bore the signatures of the New York and Pennsylvania delegates, as well as that of Thorn ton of New Hampshire, as he mentions them. The letter to WeUs bore date May 12, 1819. On August 6, 1822, more than three years later, he added the foUowing postscript to a copy which he had pre served : — " Since the date of this letter, to wit, this day, August 6, '22, I have received the new publication of the Secret Journals of Congress, wherein is stated a resolution of July 19, 1776, that the Declaration passed on the 4th be fairly engrossed on parchment, and when engrossed be signed by every ^ If the Declaration was signed on July 4, it is fair to ask why R, R, Livingston's name was not in it ; for he was on the committee to draft it and he is represented in TrumbuU's picture as present on its presentation. DECLARATION OF INDEPENDENCE 107 member ; and another of August 2d that, being engrossed and compared at the table, it was signed by the members." As neither the resolution of July 19 nor the sign ing on parchment of August 2 appear except as here after given in his memoranda of matters he "took notes of in his place while these things were going on," and as he was certainly In his place August 2, when he signed the parchment Declaration, It Is not surpris ing that he was disturbed when they came to his no tice nearly fifty years later, since he had apparently forgotten them. It Is true he says, " The Declaration thus signed on the 4th, on paper, was engrossed on parchment and signed again on the 2d August." The latter date shows that the entry was made a month after the first alleged signing. " The Declaration thus signed," to which he refers and which he had before him, con tained the signature of Thornton, which carries the date forward as late as November 4. There is no evi dence of the existence of a printed copy of the Decla ration, with the signatures of the members attached, before that Issued under a resolution of Congress, Jan uary 18, 1777; and the Imprint of the official journal which contains the names of the signers is of the same year. From these facts It seems to foUow that Mr. Jefferson's memoranda were made later than that date. We now proceed to a more careful examination of these memoranda. If they were made by Jefferson at the close of each day, or within a few days after the transactions they record, they would settle the ques tion against any amount of opposing testimony of less authoritative character. But It Is evident, on critical consideration, that such of these memoranda as relate 108 DECLARATION OF INDEPENDENCE to the signing of the Declaration on the 4th of July were made up with the printed Public Journal before him ; and as that did not appear until the next year his notes lose the authority of contemporaneous entries. Indeed, he teUs us himself that the statement of facts as we have it was made up " at their close." It is not a little remarkable that, with the printed Journal of July 4, which bore Thornton's signature of November 4, before him, Jefferson should not have asked himself how that name should be found, not upon the Declaration, but upon the Journal of that day. When Thornton came down from New Hamp shire In November, he doubtless signed the parchment Declaration In compliance with the order of July 19, " that the same, when engrossed, be signed by every member of Congress." Though coming late, Thorn ton was a member of that Congress. In order to make Jefferson's assumption effective, the clerk must then have produced the paper Declaration and requested Thornton to sign that. But neither of those signings would put Thornton's name on the Journal of the 4th. It could have come there only by the clerk's false entry that Thornton was present and signed on the 4th ; for the entries of July 4, July 19, and August 2 are In the handwriting of Charles Thomson. To state this supposition Is to contradict It. Nor Is Jef ferson's way out of the difficulty more clear If we ac cept Mr. Randall's ^ solution, which seems to be adopted by Dr. Lossing,^ that the non-appearance of the paper Declaration to-day is to be accounted for by the pre sumption that it was destroyed as useless when the parchment was signed on August 2 ; for had that been 1 Randall's Jefferson, i. 173, ^ Potter's American Monthly, iv,-v, 755. DECLARATION OF INDEPENDENCE 109 the case Thornton's name would not have appeared on an Instrument destroyed three months before he en tered Congress. The real state of the case begins to appear: the printed Public Journal for July 4, 1776, varies from the original. There are three publications which pur port to give the proceedings of the Old Congress, In whole or In part. The first is entitled " Journals of Congress. Containing the Proceedings In the year 1776." The proceedings for July, 1776, were not officially published until more than six months after their occurrence. The last entry in the Journal for that year is December 31 ; and the preparation of the copy, with a full Index, would probably delay Its pub lication until the spring of 1777. For more than forty years this was the only Journal known to the public. It was that which Adams and Jefferson had before them when they so explicitly stated that the Declaration of Independence was signed by the mem bers present on July 4. This printed Journal appears to sustain them in that statement. The second of these Journals Is entitled the " Secret Journals of the Acts and Proceedings of Congress," and was first published In 1821, In four volumes, agreeably to Congressional Resolves. These volumes contain those records of domestic and foreign affairs which Congress thought it wise to keep from the public eye, and are found In manuscript volumes distinct from those which contain the Public Jour nals. The wisdom, secrecy, or timidity of Congress is clear from the fact that the three resolutions, one of them relating to Independence, which Richard Henry Lee moved on June 7, 1776, are referred to in the Journal 110 DECLARATION OF INDEPENDENCE of that day only as "certain resolutions respecting independency; " nor were they ever extended on the records, and only became known In the manner pre sently to be explained. On the 10th one of these resolutions was set out by way of recital. The third of these Journals Is to be found In Force's " American Archives," and is not the Journal kept by Charles Thomson, the secretary of the Old Con gress, but an account of the proceedings of Congress made up from the Journals above described, and the minutes, documents, and letters preserved in files by the secretary. It lacks the authority which appertains to a journal extended by a sworn secretary of the body whose proceedings it records ; but, nevertheless. It Is doubtless the most authentic account of the transac tions of Congress which we possess. From the files Force printed the original paper which contained Lee's famous resolutions.^ With this account of these several Journals I now propose to bring them together, so far as relates to the Declaration of Independence. It wiU be under stood that In speaking of the Public Journals of Con gress I refer In all cases, unless otherwise specified, to the printed Journals. Proceedings according to tlie Public Journal. July 4, 1776. Agreeable to the order of the day, the Congress resolved itself into a committee of the whole, to take into their farther consideration the declaration ; and after some time the president resumed the chair, and Mr. Harrison reported that the committee have agreed to a declaration, which they desired him to report. The declaration being read was agreed to, as follows : — ^ See facsimUe in American Archives, 4th ser, vi. 1700. DECLARATION OF INDEPENDENCE 111 A Declaeation by the Representatives of the United States of America in Congress assembled. l^Sere foUows the Declaration in the form we have it.^ The foregoing declaration was, by order of Congress, en grossed, and signed by the following members : — John Hancock. New Hampshire. Josiah Bartlett. WilHam Whipple. Matthew Thornton. Massachusetts-Bay. Samuel Adams. John Adams. Robert Treat Paine. Elbridge Gerry. Rhode Island. Stephen Hopkins. WiUiam Ellery. Connecticut. Roger Sherman. Samuel Huntington. WiUiam WiUiams. Oliver Wolcott. New York. WiUiam Floyd. Philip Livingston. Francis Lewis. Lewis Morris. New Jersey. Richard Stockton. John Witherspoon. Francis Hopkinson. John Hart. Abraham Clark. Pennsylvania. Robert Morris. Benjamin Rush. Benjamin Franklin. John Morton. George Clymer. James Smith. George Taylor. James Wilson. George Ross. Delaware. Csesar Rodney. George Read. Maryland. Samuel Chase. WiUiam Paca. Thomas Stone. Charles Carroll, of CarroUton. Virgitiia. George Wythe. Richard Henry Lee. Thomas Jefferson. Benjamin Harrison. Thomas Nelson, Jun. Francis Lightfoot Lee. Carter Braxton. North Carolina. WiUiam Hooper. Joseph Hewes. John Penn. 112 DECLARATION OF INDEPENDENCE South Carolina. Georgia. Edward Rutledge. Button Gwinnett. Thomas Heyward, Jun. Lyman HaU. Thomas Lynch, Jun. George Walton. Arthur Middleton. Resolved, That copies of the declaration be sent to the several assemblies, conventions and committees, or councils of safety, and to the several commanding officers of the continental troops ; that it be proclaimed in each of the United States, and at the head of the army. In the Secret Journal there Is no entry under the 4th of July, 1776. Proceedings in Congress Ath July, 1716, as given in Force's "Archives." ^ Agreeable to the Order of the Day, the Congress re solved itself into a Committee of the Whole, to take into their further consideration the Declaration ; and after some time the President resumed the chair, and Mr. Harrison reported that the Committee have agreed to a Declaration, which they desired him to report. The Declaration being read, was agreed to, as follows : — [Here follows the Declaration, as in the Public Journal, but without any signatures. ^ Ordered, That the Declaration be authenticated and printed. That the committee appointed to prepare the Declaration superintend and correct the press. Resolved, That copies of the Declaration be sent to the several assem blies [etc., as in the Public Journal]. The Secret Journal. July 19, 1776. Resolved, That the Declaration passed on the 4th be fairly engrossed on parchment, with the title and style of " The Unanimous Declakation of the thik- 1 4th ser, vi. 1729, DECLARATION OF INDEPENDENCE 113 TEEN United States of Ameeioa;" and that the same, when engrossed, be signed by every member of Congress.^ The Public Journal has no entry on this day re specting the Declaration ; but the Proceedings In Force's " Archives " contain the resolve as above.^ The Secret Journal. August 2, 1776. The Declaration of Independence being engrossed, and compared at the table, was signed by the members.* The same Is found in Force's " Archives," * but not in the Public Journal. Tlie Public Journal. January 18, 1777. Ordered, That an authenticated copy of the declaration of independency, with the names of the members of Congress subscribing the same, be sent to each of the United States, and they be desired to have the same put upon record.^ Assuming that the entry In the Public Journal of July 4 is genuine, the above order is superfluous, since as such It merely repeats the former order, and couples with it the expression of a desire that the sev eral States would record It. The operative clause Is to print the Declaration with the names of the mem bers signing It. This was accordingly done, and for the^rsi5 time. From the copy thus printed was made up the Journal of the 4th July, as printed more than six months antecedent.^ 1 Secret Journal, Domestic Affairs, ii, 48. 2 Force's Archives, 5th ser, i, 1584, ' Secret Journal, Domestic Affairs, ii, 49. * Force's Archives, 5th ser, i, 1597. ^ Journals of Congress, iii, 28, ^ See New Hampshire Historical Society Collections, ii, 189, for 114 DECLARATION OF INDEPENDENCE With these extracts from the Journals and Pro ceedings before us, and assisted by certain well-known and Indisputable facts, it ought not to be difficult to discover the truth respecting the apparent signing of the Declaration of Independence on the 4th of July, 1776. It wiU be observed that the statements of these Journals are inconsistent, if not contradictory. The Public Journal says, under date of July 4 : — " The foregoing declaration was, by order of Congress, engrossed, and signed by the following members." In the Proceedings the corresponding entry is as follows : — " Ordered, That the Declaration be authenticated and printed. That the committee appointed to prepare the Declaration superintend and correct the press," " Resolved, That copies of the Declaration be sent to the several assemblies," etc. Now, It Is hardly conceivable that these Inconsistent orders could have passed at the same time and In rela tion to the same subject-matter. One or the other of them must be Incorrect. It is noticeable that what seems to be an order In the Public Journal Is only a narrative of an alleged fact, namely, that " the fore going declaration was, by order of Congress, engrossed and signed by the following members." It is perti nent to ask, By what order, and where is it recorded ? The Journal contains no such order, nor do the files. Nothing exists independently of the above recital to show that any such order was ever passed ; nor Is the narrative a correct recital of facts. That is, It Hancock's letter, January 31, 1777, sending a copy to New Hamp shire, DECLARATION OF INDEPENDENCE 115 states what Is known to be untrue, — In part, from subsequent entries In the Journal itself. The New York members, whose names are recorded as present and signing the Declaration on July 4, were not authorized to sign until the 9th, nor was that author ity laid before Congress until the 15th.^ Of course they did not sign before that date. As we have al ready seen. Chase was not present on the 4th, nor was Carrol], who did not take his seat until the 18th. ^ Rush, Clymer, Taylor, and Ross, of Pennsylvania, whose names are recorded as signing on the 4th, were not chosen delegates until July 20 ; ^ nor did Thorn ton appear In Congress until November 4.* So far as these delegates are concerned, the Public Journal, which represents them as present in Congress on the 4th of July and signing the Declaration, Is clearly spurious. In the next place, the record of the Public Journal as printed is at variance with known facts. If, as It asserts, the Declaration was signed on the 4th, It should be found In the files of that day ; but search has repeatedly been made for It without success, nor has it ever been seen or heard of. It may have been lost ; but there are facts making It by far more pro bable that It never existed. If the signatures of the delegates were affixed. In whole or In part, to the Declaration on the 4th, they formed an important part of the instrument, since they constituted Its sole authorized and required authentication, when It was ^ See Sparks's it/eo/GoMyerneurilfor™,!, 109, 110; Life of Sparks, i, 524, 525 ; as to the Connecticut members, see Massachusetts Histori cal Society Proceedings, ser. 2, iii, 373 et seq. ^ Journals of Congress, ii, 273. 3 Ibid. 277, * Ibid. 441. 116 DECLARATION OF INDEPENDENCE printed and sent to the several assemblies and read at the head of the army. We have the copies which were so sent and read. But these copies contain only the signatures of John Hancock, as president, and Charles Thomson, as secretary, of the Congress, who claim to have signed it in behalf and by order of that body.i So that, if the order of Congress, as is asserted by the Public Journal, was that the Declara tion should be signed by the members, and so sent forth, then Hancock and Thomson must have caused It to be printed without these signatures, and falsely claimed that their own were added by authority. For not only cannot this original Declaration, which Jef ferson says was signed by the delegates on the 4th, be found, but not even one of the printed copies which were ordered by Congress. This fact points to an inevitable conclusion. Such a paper never existed save on the false Journal as printed by Congress. On the other hand, the proceedings and orders, as set forth In the " American Archives," strictly con form to congressional precedents. AU its proclama tions and similar public documents went forth under the authentication of the president and secretary, unless otherwise ordered, as was the case with the Address to the King and other like addresses of the Congress of 1774. Any other method, save by express vote, would have been illegal. Since the Declaration, though of the nature of a legislative act, was in some respects out of the ordinary course, the president and secretary might well seek instruction. Congress forthwith gave them directions to authenticate It and print it under direction of the committee that drafted 1 The same authentication is given in the Annual Register, 1776, 161. DECLARATION OF INDEPENDENCE 117 it, and then send It to the assemblies and to the army. This was done immediately. Lossing has stated that the Declaration was agreed to about two o'clock In the afternoon. It was printed during that afternoon and evening, and the next day was sent forth to the world.-' Copies of the Declaration are not rare. There is one in the library of the Historical Society ; and a copy was printed at Salem, doubtless within a few days after the receipt of that distributed by order of Congress. Its authentication is as follows : — Signed by order and in behalf of the Congress, John Hancock, President. Attest, Chaeles Thomson, Secretary. The ordinary authentication was by the signatures of the president and secretary, followed by their official title ; and the peculiarity of the authentication of the Declaration in the use of the uncommon words, " Signed by order and In behalf of the Congress," shows that It was so authenticated by the express vote of that body. In a word, the proceedings of Congress with respect to the Declaration, as contained in the " American Archives," and given above, conform to and account for aU knovm facts; while the record of the same transaction, as found in the Public Journal, is contra dicted by other entries In the same Journal, and Is at variance with all the external circumstances attending and foUowing the transaction. But the case does not rest wholly upon the reasons given above. Thus far in this analysis I have con fined myself to the printed Journals of Congress and ^ See note in Frothingham's Rise of the Republic, 544, from which one might infer that the Declaration was published ou the 4th. 118 DECLARA TION OF INDEPENDENCE to such facts as are of public notoriety ; and if the case were allowed to rest here, I trust It has been made to appear that the Public Journal of July 4, reciting that the Declaration of Independence was signed by the members of Congress on that day, Is erroneous. But the error requires explanation as well as demonstration. The error Is in the printed Journal which does not conform to the original manu scripts. Of these there are three which are more fuUy described In the subjoined note.-' Two of them 1 For the interesting facts given above I am indebted to the cour tesy of S, M, Hamilton, Esq., of the State Department, Washington, who, in the absence of Theodore F, Dwight, Esq., to whom I had addressed some inquiries, had written the following letter and its enclosures, Depabtmbnt of State, Washtngton, November 5, 1884, Deab Sik, — , , . I faU to discover any printed half -sheet of paper, with the names of the members afterwards in the printed Journals stitched in. I have found, however, a printed copy of the Declaration inserted in one of the manuscript Journals covering the period in question, and have, by the enclosures, endeavored to give an accurate idea of the same. Three of the manuscript Journals of the Continental Congress cover July, 1776, One begins, or rather the first entry in it is under date of. May 25, 1776, and ends July 24, In this appears the printed copy of the Declaration, The next begins with entry under date of May 14 (continuing the record of that day, begun in the preceding volume), and the last August 6, 1776, In that the Declaration ap pears as a regular and continuous entry, and is in the same handwrit ing as the rest of the Journal, The third Joumal is the Secret Domestic Journal, which contains uo entry between Jime 24 and July 8, 1776. Taking your queries as they eome in your letter, I may say, — 1st, The enclosure gives an idea of the only printed copy of the Declaration inserted in any manuscript Journal, 2d. As wUl be seen, the printed names of Hancock and of Thom son are the only names appearing attached to it in any form, 3d. It -wiU be seen, also, that the names of the States do not appear. 4th. The words, " The foregoing declaration,'' etc. {vide printed DECLARATION OF INDEPENDENCE 119 relate to the events of July 4, and all include the Declaration of Independence in some one or more of Journal, ii, 245), have not been found in the Joumals, neither in the manuscript copy of the Declaration nor in the printed half- sheet. They (the words above quoted) appear iu the printed Jour nals ouly. 5th, Neither of the Public Journals nor the Secret Journal con tains any written names to the Declaration, Enclosure marked No, 1 is to represent the printed half-sheet. That marked No, 2 is in a manner a comparison of the entries in the two Public Joumals of so much of the minutes under the 4th of July as relates to the Declaration, -with the exception of that part relating to copies being sent to the several States, etc. The copying ink denotes the entries as in the Journal containing the printed half- sheet ; the red ink shows them as appearing in the Journal containing the Declaration in manuscript : that is, the words in red ink appear in the Jonrnal containing the Declaration in manuscript in addition to those in the former, while words in red brackets do not appear therein, I am, sir, very obediently yours, S, M, Hamilton. Mellen Chambeklain, Esq,, etc. The printed page not conveniently aUowing the exhibition by type or photography of Mr, Hamilton's enclosures, they may be described as foUows : No, 1 is a folded sheet of paper designed to represent the size and form of the manuscript Journal which contains a printed copy of the Declaration attached by wafers. The size of the sheet, -when folded, is 8 by 12| inches. On the verso of the first leaf the -writing covers the upper half of the page, the lower half being left blank, apparently to receive hy attachment the printed broadside of the Declaration now found there. This copy is twice folded so as to adapt it to the page of the Joumal, The printed matter measures 11| by 17J inches. Its authentication is in print and as follows : — Signed hy Order and in Behalf of the Congkess John Hancock, President Attest Charles Thomson, Secretary The imprint is : "Philadelphia: Printed by John Dunlap." Above this printed copy of the Declaration, and forming part of the manuscript Journal which begins with May 25 and ends July 24^ 1776, are the foUowing entries, under date of July 4, 1776 : — 120 DECLARATION OF INDEPENDENCE its stages. They are all at variance with the printed Public Journal, though agreeing with each other in aU " Agreeable to the order of the day the Congress resolved itself into a committee of the whole to take into their further consideration the declaration " The president resumed the chair " Mr, Harrison reported that the committee of the whole Congress have agreed to a Declaration which he delivered in " The Declaration being again read was agreed to as foUows " [Here the printed Declaration is attached by wafers.] On the next page is the foUowing : — " Ordered That the declaration be authenticated & printed " That the committee appointed to prepare the declaration superin- tend & correct the press," This is the true Journal of Congress for July 4, omitting the order respecting its transmission, etc. Now compare this with the spurious printed Joumal, and the fals ity of the latter clearly appears. The printed Joumal reads : — *' The foregoing declaration was by order of Congress, engrossed, and signed by the foUowing members," Then foUow fifty-five names of gentlemen, many of whom were not members of Congress at that time. The other copy of the manuscript Joumal is as follows, so far as it differs from the first copy ; and, as wUl be seen, the differences are merely verbal. This is found in enclosure No, 2, \Journal entirely in manuscript, with the Declaration in the same hand writing, from May 14 to August 6, 1776. So much of the minutes under 4th July as relates to the Declaration,] Agreeable to the order of the day the Congress resolved itself into a committee of the whole to take into their further consideration the declaration and after some time The president resumed the chair Sf Mr, Harrison reported that the committee have agreed to a declara tion, which they desired him to report The declaration being read was agreed to as foUows, A Declaration by the Representatives of the United States of America in Congress assembled [The italicized words do not appear in the Journal to which is at tached the printed copy of the Peclaration,] DECLARATION OF INDEPENDENCE 121 essential particulars. In neither of them is found an order for the subscription of the Declaration July 4, Mr, Dwight has placed me under additional obligations hy the fol lowing letter, which throws much light upon the Journals of the Old Congress ; and it is matter of regret that I am unable to present in connection with this subject several valuable enclosures which he caused to be prepared. Department of State, Washington, December 23, 1884. As to the several Journals : Charles Thomson, as you know, was the " perpetual Secretary " of the Continental Congress ; and, from all I can gather, he was a man of the strictest probity, and was most con scientious in the discharge of his important trusts. It would be in teresting to discover how much influence he exerted in the first councils, I am confident it was considerable. To him we owe the preservation of all the records of the Continental Congress, — not only the Joumals, but all those fragments now so precious, e. g., the origi nal motions, the reports of committees, the smaU odds and ends, which are the smaU bones of history. They are all iu this room, and at my elbow as I -write. One of them, for instance, is the original of Lee's motion reproduced, but without proper explanation, by Force, in the American Archives. You aUude to it. The Joumals of Congress are, with some very few exceptions, en tirely in the handwriting of Thomson, He seems to have been present at every session. The series of the archives of the Congress very pro perly begins with what he termed the " Rough Joumal," beginning with the proceedings of September 5, 1774, and ended with the entry of March 2, 1789, and was probably written while Congress was sit ting, the entries being made directly after each vote was taken. It is contained in thirty-nine smaU foolscap folio volumes. The second of the series is a fair copy of the " Rough Journal," from September 5, 1775, to January 20, 1779, — in ten volumes folio. From this copy, it is stated in a record in the Bureau, " the Journals were printed ; and such portions as were deemed secret were marked or crossed by a com mittee of Congress, — not to be transcribed," In this he has ampli fied some entries, and given more care to the style and composition of his sentences. This explanation wiU account for the " two Public Journals,'' The "Rough Joumal " should be regarded as the standard. No, 3 of the series of archives is the " Secret Domestic Joumal," comprising entries from May 10, 1775, to October 26, 1787 ; the fourth number is a Secret Joumal, foreign and domestic, comprising entries from October 18, 1780, to March 29, 1786 (the foregoing two numbers form two vol- 122 DECLARATION OF INDEPENDENCE nor any copy or account of a declaration so signed, nor any reference to such a paper. On the other umes). No, 5 is in three volumes, and is caUed "Secret Journal of Foreign Affairs," November 29, 1775, to September 16, 1788. No, 6 is iu three volumes, and is designated " An imperfect Secret Joumal ; " it contains entries made from the Journal of Congress, September 17, 1776, to September 16, 1788, No, 7 is a small quarto volume, contain ing but few entries, called the "More Secret Journal," No, 8 is a folio. Secret Journal A, 1776-1783 : the contents of this volume appear to be merely minutes of proceedings, which were afterwards entered on the Public Joumals, (This volume does not contain any record of July 4, 1776, or any reference to the signing of the Declaration,) The foregoing wUl afford you, I trust, a sufficiently just idea of these in valuable records. The copy for the first edition of the Journals was probably prepared by Charles Thomson; but he was not responsible for the matter printed therein, as he distinctly states on the fly-leaf of the first vol ume of the fair copy (No. 2 of the series) that the selection was made by a committee of Congress. The responsibUity for the introduction of the names of the signers at the close of the Declaration cannot now be determined. It is entirely reasonable to suppose, however, that there was no intention to mislead ; but that, as the names appeared in no other printed form, they were inserted for the information of the public. The Secret Journals were naturaUy not then suited to publi cation. To be sure, we must acknowledge that the entry of the record of engrossing and signing on the Secret rather than on the PubUc Journal indicates that there existed some reason for considering these acts as of a confidential character. The Journals, it must be remembered, were not the accounts of an individual, but were the accepted records of Congress ; that then, as now, each day's proceedings were read to that body before they ob tained the authority necessary for their preservation, I dwell upon this in order that you may not attribute the discrepancies between the originals and the printed journals to the carelessness of a clerk or of the secretary. In my opinion, the responsibUity rests with Congress alone. That part of the Journal of 1776 as printed by Peter Force in the American Archives appears to me, from a hasty comparison, to be a mongrel, made up primarily from the first printed edition of 1777, corrected in some few particulars by the copy from which that edition was printed (No, 2 of the series described above), and punctuated and capitalized to suit his own fancy. He has in the punctuation and cap italization altered both the manuscript and printed versions. The matter he appended as notes, and which seems as much a part of tha DECLARATION OF INDEPENDENCE 123 band, in one of them, which is the same as is given In the Proceedings in Force's "Archives," Is pasted a original record as the caption and names of the signers in the printed Journal of 1777, was taken from a variety of sources in the archives, to which he, of course, had access, Mr, Sparks offended also, and was summarUy criticised, for similar changes of the originals he printed. With the original of Madison's Journal of the Debates in the Consti tutional Convention we have the autograph notes written out by Jeffer son for Madison, concerning the debates on the Declaration, which Mr, GUpin has carefuUy printed iu the Papers of James Madison (i. 9-39), It might be profitable to compare that version with the por tions of the same printed in vol, i, of the Writings of Jefferson, aud in vol, i, of EUiot's Debates. In view of the fact that the Secret Joumal containing the record of July 19 and August 2 was published in 1821, it seeins to me very strange that the recollections of Jefferson and others should have been preferred to that veritable official account of the signing, I am very incredulous as to the existence of a signed copy of the Declaration prior to the engrossed copy. We have the veritable first draft in the writing of Jefferson, and the remains of the copy en grossed and signed on parchment alluded to in the Secret Journal entry of July 19, Had there been another bearing the signatures of the delegates, it is fair to suppose that the same care for its preservation would have been exercised as that to which we owe the other records and documents. It would not have invaUdated the second copy. The actual signing of such a preliminary copy would have added no more strength to the action of Congress in adopting the Declaration than the entry on the Joumal of that action, which was and is now a con clusive and binding record. It was not signed on the Journal ; such a signing would have been a very irregular proceeding. It seems to me that a special direction to the president of Congress and to the secretary to authenticate the copies sent out by order of Congress was not deemed necessary ; such an authentication was incident to the duties of their respective offices. The copies so sent out bear, not written, but printed signatures. Of that first printed broadside we have the copy wafered in the Journal, and another among the papers of Washington, which he read, or caused to be read, to the army, as mentioned in General Orders of July 9, 1776, As you have clearly demonstrated, but for the insertion of the names in the first printed Journal so as to appear a part of the record of the 4th July, all this mystification could not have occurred. But I repeat that the insertion is not to be regarded as an intention to mislead, but 124 DECLARATION OF INDEPENDENCE printed copy of the Declaration, authenticated by the signatures of Hancock and Thomson, agreeably to the order of Congress, and is doubtless one of the copies printed on the night of the 4th or morning of the Sth of July. Had the printed Public Journal foUowed this manuscript, which conforms to and explains aU extrinsic facts appertaining to the Declaration, aU sub sequent misapprehension would have been avoided. Governor McKean had special reasons for investigat ing the matter at an early date. He was present on the 4th and voted for the Declaration ; but Inasmuch as It was not signed on that day, as he asserted, his name did not appear on the Journal, nor on the copy engrossed on parchment and signed August 2, since at that time he was away from Philadelphia with the army. Sometime later — Bancroft says, in 1781 — he was allowed to afSx his signature to the engrossed copy, where It now appears. His signing In 1781 did not affect the Journal of July 4, 1776, as Jefferson seems to have supposed would be the case with Thorn ton and the New York and several Pennsylvania members, who were likewise absent on July 4 or not then authorized to sign. McKean's name does not appear among the signers of the Declaration of Inde pendence in the Journal printed In 1777, nor In the edition of 1800. It Is given in that of 1823, and pos sibly In some of an earlier date, which I have not seen. Now, at any time after 1781, if the Declaration to enlighten, the pubUc ; and that it is so printed is due to inadver tence. Believe me to be, my dear sir. Very sincerely yours, Theodore F. Dwight, Chief of Bureau of Rolls and Library. DECLARATION OF INDEPENDENCE 125 were printed from the engrossed copy, It would in clude McKean's signature ; but if from the printed Journal of July 4, his signature would not be found. It was just this discrepancy between copies that led to an investigation. In the letter already quoted from. Governor McKean says : " In the manuscript Journal Mr. Pickering, then Secretary of State, and myself saw a printed half-sheet of paper, with the names of the members afterwards in the printed Journals stitched In ; " and In another letter,^ June 17, 1817, he says that neither the manuscript of the Public Journal nor that of the Secret Journal has any written names annexed to the Declaration. In this statement he is undoubtedly correct ; but apparently he has con founded, in the lapse of years and by the loss of mem ory, the printed copy authenticated by Hancock and Thomson, which is wafered to the manuscript Journal, with a copy bearing signatures, which does not now appear. Trusting to this statement of Governor McKean respecting the copy of the Declaration with the signatures of the signers stitched into the manu script Journal, I had supposed, until I received Mr. Hamilton's letter, that the falsification was In the record ; but It now appears that It Is in the printed Journal. As has been said, had the Public Journal as we have it been printed from the manuscript Journal as it stands to-day, with the printed Declaration omitting the authenticating signatures of Hancock and Thom son, we should have a narrative of the proceedings on the 4th precisely as they occurred. But, unfortunately. It was not so printed. Published as It was, and as we have it, the Journal Is doubtless erroneous and 1 PortfoUo, September, 1817, 246. 126 DECLARATION OF INDEPENDENCE misleading ; and though, at this late day, we may be unable to divine all the reasons which prompted the course that was pursued, there is no evidence of a de sign to falsify the record. When " the committee appointed to superintend the publication of the Jour nals " were empowered and Instructed, by a resolve of September 26, 1776, to employ Robert Aitkin " to reprint the said Journals from the beginning, with all possible expedition, and continue to print the same,^' ^ Charles Thomson probably furnished him with a copy of the proceedings of July 4, and their authority did not extend to the Secret Journal, In which alone was entered the resolution of July 19 for the engrossment of the Declaration on parchment and the subsequent signing thereof, August 2. But when they furnished copy for July 4, they appended to the Declaration the following statement : " The foregoing declaration was, by order of Congress, engrossed, and slg-ned by the following members." We Infer, and have a right to Infer, that the engrossment and signing were on July 4; but the printed Journal so affirms only by Implication. All the facts stated were true at the time of their statement, some time subsequent to September 26. The error consists in throwing back to July 4 the order for engrossment of July 19, and the signing of August 2. Any more specific state ment of these later matters would have been a breach of the resolution of secrecy which was repealed, and then only virtually, by a resolve fifty years afterwards to print these Secret Journals. The veil of secrecy which rested on the transactions of July 19 and Au gust 2 undoubtedly had a tendency to refer the events of those days to July 4. Evidently Mr. Jefferson, ^ Journal, ii, 391, DECLARATION OF INDEPENDENCE 127 one of the most intelligent and active participators In those events of July 19 and August 2, was surprised when they were recalled to his notice In 1822 by the Secret Journal, which had then been published for the first time.i Apparently, and not without reason, under these circumstances of secrecy, every transaction relat ing to the Declaration of Independence had been re ferred, both by Jefferson and John Adams, to July 4. For more than six months Congress had withheld the names of those signing the Declaration. This may have been from prudential considerations. Un less the Declaration was made good by arms, every party signing It might have been held personally re sponsible for an overt act of treason. Whether this would have been the case In respect to Hancock and Thomson, who were not acting In any personal capa city, and possibly even In opposition to their own con victions. In accordance with an express direction of Congress, may be a matter of question. But whatever may have been their reasons, there is no doubt as to the fact that Congress not only sat with closed doors, and pledged the members to secrecy,^ but withheld even from its Secret Journals some of its most Impor tant proceedings. The fact has already been stated in regard to this very matter of independence that Congress had deemed it Imprudent to extend on Its Journals Lee's resolutions on which the battle was fought ; and had they not been preserved on the files, we should never have known their authentic form from any public record.^ ^ American Historical Review, i, 168. 2 A facsimile of the Resolution of Secrecy of November 9, 1775, may be found in American Archives, 4th ser. iii. 1916, >* See facsimUe of these resolutions. Ibid. 4th ser. vi. 1700, 128 DECLARATION OF INDEPENDENCE Such are the facts respecting the signing of the Declaration of Independence and the errors in the printed Journals recording the same.^ It Is to be regretted that doubt should rest upon transactions, and the records of transactions, which are connected with an event so important In the his tory of a nation as the declaration of its independ ence. The printed Journal, so far as relates to what 1 In the foregoing paper it has been my purpose to discuss a single question ; Was the Declaration of Independence signed JiUy 4 by the members of Congress ? Had my aim been more popular, I should have drawn, for more interesting particulars, on the authorities cited in Winsor's Handbook of the American Revolution, 103 et seq., and Poole's Index, 339, title " Declaration of Independence," The reader who has followed me in the foregoing paper may ask why Force, Webster, Bancroft, and Winthrop have not explained the matter, instead of each resting on his own authority in opposi tion to the express statements of Jefferson and Adams who have the support of the Journal, The answer, except so far as Force is con cerned, is obvious : that neither the observance of proportion in a general history nor the limits of a, Fourth of July oration wUl aUow of minute and tedious explanations. But with respect to Force the case is different. The limits of his monograph on the Declaration were not restricted. He was brought face to face with the question. He understood it better than any other man, and better than any other he could have explained the difficulty had he chosen to do so. He did not so choose. The trouble with him was that his pamphlet was controversial. It was an attack on that part of Lord Mahon's History of England, in which he gives an account of the Declaration of Independence, Following Jefferson and the printed Journals of Congress, Lord Mahon had said : " The Declaration of Independence, appearing the act of the people, was finally adopted .ind signed by every member present at the time, except only Dickinson. This was on the 4th of July." ¦ — History of England, vi, 98. Force's curt answer to this is as follows : " The Declaration was not ' signed by every member present on the 4th of July, ' except Mr, Dicldnson, " — Force's Declaration of Independence, 63. Thus he made a point against Lord Mahon on the score of accuracy. True, Force knew how, and by what authority, his lordship was misled. He could have given the explanation which would have reheved the historian ; but that was not his purpose. DECLARATION OF INDEPENDENCE 129 took place on the 4th of July, 1776, is clearly untrust worthy ; and one of the original manuscript Journals is not altogether accurate. When the record was extended on that Journal, by wafering to a page, apparently left blank for the purpose, the printed copy of the Declaration of Independence Authenti cated by the signatures of Hancock and Thomson, it was made to assert facts as of the 4th of July which actuaUy occurred on the 5th. The authentication and the printing of the Declaration were ordered on the 4th as something to be done later ; and should not have been entered as something done on that day, as the Journal affirms. Nor is this unfortunate error confined to the records. The engrossed copy of the Declaration which was signed on August 2 is made to say, in substance, that all the names attached to It were there subscribed on July 4 ; and there Is nothing on the instrument to indicate that any signatures were added on August 2, and even of a date so late as 1781, when McKean signed It. These errors are the more to be regretted, since they are irremediable. They must stand on record for all time. The Journals in no new edition wIU be changed so as to conform to the truth ; and should they be so changed they would lose their authority as the Journals of Congress. But though the record must stand, and the engrossed copy and all its fac similes continue to assert that it was signed July 4, there can be no objection to the reconstruction of these documents, as matters of history, so that they shall conform to the truth. The several entries on the Journal which relate to the Declaration of Independence should read as fol lows : — 130 DECLARATION OF INDEPENDENCE " July 4, 1776. The Declaration being read was agreed to, as follows : [Here should appear the Declaration with out any signatures or authentication, as is the case with one of the manuscript Journals.] " Ordered, That the Declaration be authenticated and printed. That the committee appointed to prepare the Declaration superintend and correct the press, etc. " July 19. Resolved, That the Declaration passed on the 4th be fairly engrossed on parchment, with the title, etc. ; and that the same, when engrossed, be signed by every member of Congress. " August 2. The Declaration agreed to on July 4, being engrossed and compared at the table, was signed by the members, agreeably to the resolution of July 19. " November 4. The Hon. Matthew Thornton, Esq., a delegate from New Hampshire, attended, and produced his credentials. " Ordered, That Mr. Thornton be directed, agreeably to the resolve passed July 19, to affix his signature to the engrossed copy of the Declaration, with the date of his sub scription. "January 18, 1777. Ordered, That an authentic copy of the Declaration of Independence, with the names of the members of Congress subscribing the same, be sent to each of the United States, and they be desired to have the same put upon record. '' , 1781. Whereas it has been made to appear to this present Congress that the Hon. Thomas McKean was a member of Congress from Delaware in the year 1776, and that, on July 4 of that year he was present and voted for the Declaration of Independence, but being absent with the army at the time of the general subscription of that instrument on August 2 : therefore, " Resolved, That the said Hon. Thomas McKean be allowed to affix his signature to the aforesaid Declaration, he adding thereto the date of such subscription." DECLARATION OF INDEPENDENCE 131 Such was the course pursued by McKean and other post-signers of the Articles of Confederation, which were agreed to by Congress, July 9, 1778. McKean's name is signed as foUows : " Tho. M'Kean, Feb. 12, 1779." With the foregoing changes and additions the Jour nal of Congress would conform to the real transac tions respecting the Declaration of Independence. The engrossed copy reads as foUows : " In Con gress, July 4, 1776. The Unanimous Declabation of the thirteen united States op Ameeica." After the Declaration follow the signatures. They should have beeu preceded by some such recital as the fol lowing : " The foregoing Declaration having been agreed to on July 4, by the delegates of the thirteen united colonies. In Congress assembled, and the same having been engrossed. Is now subscribed, agreeably to a resolution passed July 19, by the members of Congress present this 2d day of August, 1776." Independence was announced to the world July 4, 1776. That is glory enough for the most insatiate of days. It needs not the honors of July 2, nor those of August 2. On the former of these days when Lee's resolution, " that these United Colonies are, and of right ought to be, free and independent States ; and that aU political connection between them and the State of Great Britain is, and ought to be, dissolved," — when this resolution was agreed to by the Congress on July 2, the battle had been fought and the victory won. Two days later came the 4th, which, like all its successors, was less the occasion of a battle than of a triumph. What was done on July 2 realized the ardent wishes of the patriotic party in thirteen colo nies. Its consummated act was a notable achievement 132 DECLARATION OF INDEPENDENCE of advocacy ; and the great patriot fondly hoped that it would be celebrated to the remotest tlmes.^ But it Is 1 John Adams, writing to Mrs, Adams from Philadelphia, July 3, 1776, said : " Yesterday the greatest question was decided which ever was debated in America, and a greater, perhaps, never was nor wiU be decided among men, A resolution was passed without one dissenting colony, ' that these United Colonies are, and of right ought to be, free and independent States, ' etc. You wiU see in a few days a Declaration setting forth the causes which have impeUed us to this mighty revolution, , , , The second day of July, 1776, wiU be the most memorable epocha in the history of America, . , , It ought to be commemorated as the day of deliverance, by solemn acts of devo tion to God Almighty," etc, — Works, ix, 417, But it was to be otherwise. The second day of July has altogether passed from the memory of men. In fifty years from that time the editor of Niles's Weekly Register, shortly after the death of Adams and Jeffer son in 1826, quoting the above letter, changed its date from the 3d to the 5th of July, and printed the passage, " the second day of July, 1776," as follows : " The Fourth of July, 1776, wUl be a memorable epoch in this history of America ! " Even so careful a writer as Mr, Webster feU, in his later life, into the same error. From the accuracy of' his account of the authentica tion of the Declaration of Independence, it is evident that he had examined aU that had been published on that subject before 1826, Nothing of value has since been added to his statement, whUe some of the later glosses could well be spared. — Works, i. 129, But he did not undertake to explain how the confusion arose : perhaps he did not even know, because, when he wrote the eulogy on Adams and Jefferson, he was far away from the original Joumals, an inspection of which alone discloses the source of the error. In this eulogy he has given two supposititious speeches on the resolution of July 2, That these speeches were on the resolution, and not on the Declaration, is evident from the opening sentence, " Let us pause ! This step, once taken, cannot be retraced. This resolution, once passed, wUl cut off aU hope of reconcUiation," — Works, i, 132, Notwithstanding this, Mr. Webster, writing in 1846, to one who had inquired respecting the authenticity of the speech attributed to John Adams, said : " The day after the Declaration was made, Mr, Adams, in writing to a friend declared the event to be one which ' ought to be commemorated as the day of deliverance, by solemn acts of devotion to God Almighty,' " — Works, i, 150, It is needless to add that Adams's letter was writ ten the day before the Declaration instead of the day after and referred to the Resolution of Independence of July 2, aud not to the DECLARATION OF INDEPENDENCE 133 otherwise. The glory of the act is overshadowed by the glory of its annunciation. Declaration of July 4, For some account of the origin of the change of the date of John Adams's letter, see Letters Addressed to his Wife, 1, 128, n. THE CONSTITUTIONAL RELATIONS or THE AMERICAN COLONIES TO THE ENGLISH GOVERN MENT AT THE COMMENCEMENT OF THE AMERICAN REVOLUTION A Papek head bbfoee the American HisTomcAii Association, IN Boston, May 23, 1887 THE CONSTITUTIONAL RELATIONS AMERICAN COLONIES TO THE ENGLISH GOVERN MENT AT THE COMMENCEMENT OF THE AMERICAN REVOLUTION No thoughtful reader closes a volume of American history, or perhaps of any history, without the con viction that the author's conclusions drawn from the included facts depend very much upon his point of view, as well as upon the forum to which he refers them for adjudication ; and that In estimating the value of his work we must likewise take into account his nationality, political and ecclesiastical associations, constitution of mind, and temperament, as influences which, unconsciously it may be, have affected his judgment. There is high authority for something like this. In the preface to Chalmers's " Introduction to the History of the Revolt of the Colonies," Jared Sparks, to whom that preface Is attributed, says " the author was a lawyer, and he has discussed the subject before him In the spirit of his profession, adhering to legal interpretations and distinctions. It is possible that any American lawyer, taking the same premises, would come to the same conclusions ; and It may be admitted that the premises are correct, since they are 138 THE AMERICAN COLONIES drawn from state papers and legal records of the highest authority. The error lies in the mode of viewing the subject." I quote this passage for the immunity it affords one who wishes to present some old subjects from a new point of view ; and because nowhere else in Sparks's writings have I noticed a better illustration of two of his eminent qualities as an historian, — per fect candor and critical sagacity.^ ^ Sparks "was a careful investigator, as any one finds who enters fields -which he has reaped with expectation of profitable gleaning ; but if to learn his methods and to catch his spirit, no time so spent ought to be regarded as time lost. An American in every fibre of his eonstitntion, Sparks believed in the justice of the Revolutionary cause, and was loyal to the memory of those whose lives he wrote ; but he never exalted his heroes by belittling their associates or by maligning their opponents. He placed the American cause in the most favorable light, and did not indulge in that urbane condescension towards opponents which sometimes marks the meritorious work of Lord Mahon, and he never imperiled his case as Lecky, an abler writer than Lord Mahon, some times has done by inattention to facts essential to its support. Nor, on the other hand, did Sparks conceal ugly facts,* or change their import by artful and disingenuous arrangement of them. He arrayed all the forces, friendly or hostile, although, as it sometimes * Lord Mahon charged him with doing so, but I think Sparks's vindication of his integrity is complete. The strongest case against him is that o£ suppressing Washington's reiteration of an opinion unfavorable to Kew England. There is no doubt that Washington entertained such an opinion. That constitutes an histori cal fact : but if he has recorded that opinion in a letter to Brown, does it make it any more a fact in that he has also recorded it in letters to Jones and Robinson ? Sparks gives the first record, but to save apace omits the paragraphs in which similar opinions are given in letters to two other correspondents. That, I think, states the case fairly. It may be said that Sparks should have given aJl such passages or indicated their omission by stars or otherwise. Why those opinions more than others ? To have given a r^sum6 of all omitted passages would have swelled his volumes unduly. If proper editing would require such notice of repe titious passages, why not, on the same grounds, the omission of all repetitious or unimportant letters? It may be admitted, however, that Sparks's editorial rules are not those now in vogue ; but in fairness it ought not to be forgotten that in dealing with such a mass as the Washington papers, Sparks was confronted with a new and very difQcult problem. See also H. B. Adams iu Magazine of American History, July, 1888. THE AMERICAN COLONIES 139 Between the peace of 1763 and the Declaration of Independence the political relations of the American colonies to the crown, and to Parliament, and the degree of their subordination to imperial authority, were questions of practical import which gave rise to discussions sometimes profound and always earnest ; but after April 19, 1775, the clamor which they had occasioned was, for a time, silenced by the greater din of arms. During the period of constitu tion-making which ensued, they were often referred to in the debates of the Convention of 1787 and iu the pages of the " Federalist ; " but not long after they, with other causes of the Eevolution, were relegated to the closet of the historian. My purpose in this paper Is to suggest that the questions rife at that stage of the Revolu- ^j^^ g_ tion were not new questions — only newly tions of important ; — that they were coeval with luyon not the first political organizations In the Brit- 'isw, ish-American colonies, and had vexed them at every happened, his flank was turned, or his front disordered by mutinous auxiliaries which he had brought into the field,* History was regarded by Sparks, as it ought to be hy every one, as the record of impartial judgment concerning the motives and conduct of men, of parties, and of nations, set forth in their best light ; and he was incapable of attempting to pervert that judgment by doubt ful testimony or by unscrupulous advocacy, which represents one party as altogether wise and patriotic and the other as altogether unwise and malignant, — an attempt which must ultimately f aU, since it finds no support in the nature of man, in intelligent observation, or * An instance is found in Sparks's Franklin (iv, 450), where he seems to justify the use made of Hutchinson's private letters, on the ground that Hutcliin- son had secretly used Franlilin's in the same way ; but from Hutchinson's letter to the Earl of Dartmouth, which Sparks prints, it is evident that Franklin's let ter, instead of being private, was his official letter, as agent, to the Speaker of the House, and therefore public property ; and, as may be conjectured, Hutchinson Bent it to the Earl of Dartmouth unofficially lest, upon a " call for papers," it should find its way to the House of Commons, and thence, as had Bernard's and Gage's letters, back to Boston, See R, rrothingham's 'Warren, 225 n. 140 THE AMERICAN COLONIES stage of their development down to the Revolution ; and, Instead of being settled by that event, that they are still vital — and are not unlikely once more to become absorbing questions, as more than once In the mean time they have been. Their settlement on a just basis depends, as Dr. Sparks seemed to think, upon the selection of the right point of view. And since discordant opinions have arisen in respect to the same facts and circumstances when submitted to sim ilar apprehensive Intelligences, history should serve as a lens which gathers up all the rays colored by pas sion, prejudice, interest, or unwarranted judgments, and recomposes them into the white light of truth.^ If the controversy at the time of the Revolution respected the political relations of the colo- compe- nies to Great Britain, and the degree of sub- tent tri- ordination due from remote dependencies to bunal, . ^ . some central authority, what tribunal had jurisdiction of such questions, and by what principles were they to be determined ? Were they determina ble solely, as the Tories in both countries claimed, by the British constitution ? or, as the Whigs finally claimed, had the colonial constitutions acquired that degree of consistency, and the people living under them such numbers and weight In the empire, as war ranted them in determining their inter-state relations in common sense. He had a healthy contempt for demagogues, — historical demagogues in particular — as corrupters of youth,* 1 The following paper was prepared with no view to its publica tion, but merely to be read before the Historical Association, Nor is it the result of any exhaustive study of the precise questions of which it treats ; and the writer, although he believes in the essential valid ity of the historical propositions which it undertakes to set forth, desires, nevertheless, that they should be regarded as theses for dis cussion rather than aa his final judgments, * Life of Sparks, i. 571, ii. 180 n. THE AMERICAN COLONIES 141 in accordance with these constitutions ? Or If we say, as there Is some reason for saying, that the real difficulty was practical rather than political, and re lated principally to the degree in which the Interests of agricultural states ought to be subsidiary to the mercantile policy of British merchants, then perhaps an appeal would lie to the economic system which Adam Smith was just bringing Into prominence, with promise of free trade to the colonies agreeably to the policy since adopted by the British government. Or, finally, was the question one concerning the rights of man, as Jefferson claimed ; and In that case, what rights : those which are natural, positive, and inalien able, or such as are qualified by public law, constitu tions, and municipal organizations ? On the question in this form the opinions of authoritative writers on government would be entitled to great weight. Clearly much depends upon the forum, as well as upon the point of view. Sparks suggested the error of Chalmers, which was also that of the king and his ministers, and of Parliament, and of the Tories on both sides of the water. Their facts might be well authenticated and their logic valid, but they looked at the subjects In controversy " from the wrong point of view," unless we agree with Goldwin Smith, who, it Is reported, regards the Revolution as a calamity to both parties, by which America was deprived of her history, and a great schism was caused in the Anglo-Saxon race. The Whigs conducted the controversy with Infinite tact, changing ground as the exigencies of their situation required. At first, as a party, q^q party! they argued the question as one arising un der the British constitution ; and finally, as Jefferson declared, by their inalienable rights as men. 142 THE AMERICAN COLONIES At no time before or since the period between 1763 and 1776 has the Anglo-American shown greater in tellectual activity or a firmer grasp of political philo sophy or more aptness in adapting It to practical pol itics. Sprung from the parent stock at the time of Its greatest vigor and of Its most splendid achieve ment, as If by natural selection for his work in the New World, he was less endued with the spirit which sought expression In the imaginative literature of the great dramatists than with those principles meditated by Sir John Eliot in his lonely cell, and for which Hampden died on the field, — principles which moulded the constitution, so that It restrained the power of the crown, enlarged that of the people, and gave free play to that genius which made Great Brit ain, after Rome, the greatest power for civilization the world has ever known. Of such origin and with such associations the men of the Revolution, adopting the conclusions of Sidney, Harrington, and Locke, — the principles of nature and eternal reason, as John Adams called them, — applied them to public affairs In a body of political literature unsurpassed In amount or quality by anything which preceded or which has followed. Had their writings been of the closet merely, such encomium would be extravagant ; but what justi fies It is that profound speculations on the nature and purpose of government were united with a practical sagacity which adapted means to ends and secured the result desired. This period of discussion was followed by seven "What years of war, in which, by a series of vic- the war torles Some of which were military and others only moral, they made good the de claration that " these united colonies are, and of right THE AMERICAN COLONIES 143 ought to be, free and Independent states." The war settled that, if It settled nothing more. Then followed the Confederation. The states were jealous of their rights, and some of them insisted on monopolizing for their own use advantages which the Confederacy should have shared. The government fell into de crepitude, and the people narrowly escaped anarchy. In due time the colonies, by their representatives, met in Philadelphia and formed a general constitu tion. Presumably the result of their labors would embody the principles which they had adopted In their controversy with Great Britain, at least as modified by the vicissitudes of war and by their ap plication to practical affairs. But how far this was the case will appear if we examine the questions one by one. Things do not change by changing their nam^, If the quarrel between Great Britain and her colo nies was respecting the king's prerogatives, gome and the colonial contention was that such t^ngs 1 . 1 IT • 1 which it large and varied powers could not wisely, did not nor consistently with the spirit of the con- ^^'*is- stitution since 1688, be Intrusted to a single person, however exalted, or wise or weU-disposed, they did not long continue of that opinion ; for in forming the Constitution of the United States they clothed their President with prerogatives such as no British sover eign since the English Revolution had exercised.^ Was It the question of the right of Parliament to enact commercial laws which injuriously affected the colonies whose chief Interest was agricultural ? Our tonnage act, passed in the first session of Congress, was similar in principle and design to the acts of ^ See Massachusetts Historical Society Proceedings, ser, 2, v, 156. 144 THE AMERICAN COLONIES Charles II., and with some modifications is stlH In force, and has operated, and now operates, unfavor ably to the agricultural States of the seaboard which stand in similar relations to the commercial and manufacturing States of the North as the colonies stood to Great Britain ; nor need I say that our trade laws produced similar disquiet, and at one time threat ened serious consequences. Or was It a question of taxation by a body in which they neither had, nor could have, adequate representa tion ? That has been the complaint In our Territories and sparsely populated States, as It was In the days of the Stamp Act ; and though not yet loud or serious, it may become so, and with the difference that instead of being a hardship feared it will be a hardship felt. If the apj)ointment and pay of the judiciary with out efficient control of It by the people or their as semblies caused rational discontent, the grievance remains under the new government as It was under the old, and Is aggravated by the adoption of the English system of Equity, Prize, and Admiralty juris diction to an extent unknown to the colonies. Finally, was It the theoretical question of the uni versal. Inalienable rights of man to life, liberty, and the pursuit of happiness? After how many years and at what cost of life and treasure was the Great Declaration made good ! No one who reads the debates of the Convention of The fail- 1^87 can fail to notice that the friends and ure to the opponents of the proposed Constitution these divided on questions involving the same «ons' principles as those which divided the Revo lutionary parties ; nor can one read the Con stitution itself without perceiving that its acceptance THE AMERICAN COLONIES 145 by the Convention was a ti'iumph of the legitimate successors of the Anti-Revolutionary party of 1775. " It was not even proposed," says Hildreth,^ "to cur tail the appointing power, the veto, or the extensive authority vested generally in the President, nor seri ously to limit the powers of Congress or the jurisdic tion of the Federal Courts." The Constitution failed to receive the signatures of some of the ablest members of the Convention ; and " It was exceedingly doubtful whether, upon a fair canvass, a majority of the people, even in the ratifying States, were in favor of It." ^ So dissatisfied were the people, not only with the Constitu tion, but also, and even more, with what was omitted, that Its adoption was accompanied by numerous pro posed amendments ; only two, however, of those relat ing to matters mooted at the Revolution became parts of the Constitution — those prohibiting the quarter ing of troops in private houses and the issue of gen eral warrants. And so far were the Revolutionary questions from being settled in accordance with the results of that event, it has been said that from 1789 to 1860 they caused nearly as much dissatisfaction with the general government in the States south of the Potomac as the policy of the British government caused in the colonies between 1768 and 1775 ; and that evidence of this is found In the Virginia and Kentucky resolution,^ In the assault on the judiciary 1 History ofthe United States, iv, 118, In November, 1787, Elbridge Gerry wrote to John Wendell, "I think (the Constitution) neither consistent with the principles of the Revolution or of the constitu tions of the several States," 2 Hndreth, ibid. 28, ^ These resolutions expre.ised the sentiments of the Republicans, who claimed to represent the states-rights party, or the old revolu tionary party of Jefferson, Samuel Adams, and George Clinton, as op- 146 THE AMERICAN COLONIES in Jefferson's administration, and in the dissatisfac tion of South Carolina with the tariff In 1832, to say nothing of the extent to which such problems entered into the conflict which led to civil war. The war, then, did not settle these questions; It merely disposed of them under a new order of things, and left their settlement to us or to those who may come after us ; and it may be that the late Civil War merely placed them in abeyance for the second time, and that nothing but their final settlement on just economic grounds will cause them to disappear from American politics. I therefore regard the period between 1768 and 1776 as one of the most significant In our history ; for the questions then rife reach back to and are In extricably Interwoven with the history of each colony from Its first planting ; and, reaching forward also, how fully they have entered into our later history is known to every intelligent reader. A clear understanding of the constitutional ques tions which perplexed the colonists of the character Revolution depends somewhat upon a know- ofour ledffe of their antecedent historv. Ameri- hlstory, ° i -r> i . • can history before the Revolution is neither romantic nor picturesque, nor, as a whole, Is it strik ing. It is barren of Incidents, lacks great characters, posed to the Federalists, who were charged with entertaining the mon archical principles of the old Tories and, by the forced construction of the Constitution, with having perverted the government, and with hav ing administered it on principles adverse to those of the Declaration of Independence, The tendency of the general government from the beginning undoubtedly has been towards consolidation ; and if the re sults of the late Civil War may be regarded as an expression of the final judgment of the people as to the constitutional questions involved, it is an interesting commentary on those mooted between 1703 and 1778 — though in no respect affecting the main question of independence. THE AMERICAN COLONIES 147 contributes little or nothing to statesmanship, war, or policy, and still less, If less be possible, to literature or art. The glory of Wolfe is not our glory. The foot of no colonial soldier climbed the steeps or trod the heights behind Quebec, and none but the veteran troops of England heard the triumphant cry, " They run ! " or caught the hero's parting words, " I die content." And If we have nothing to show save the results of conflicts with miserable Indian tribes, or the not very creditable military and naval expeditions against the Canadians, a foe vastly inferior in number and resources; or of civil history save the Antlno- mlan controversy, or the hanging of a few Quakers and of a more considerable number of witches — or those accounted such, — acts which had no essential relation to the soil or climate of the country, and in no respect differentiated Its people or their history from those of any other people, I think we might close the volume without loss of Instruction or delight. But, on the other hand, our history is unique In Its origin. Isolated in Its progress, and Is the best expo nent of the new order Inaugurated by the revival of learning and the Reformation, because It rests upon a broader human basis and clearer recognition of indi vidual rights. More than any other history it gives promise to the hopes of man, and records development under exemplary constitutional forms and methods which other nations appear to regard with Interest. The history of America, unlike that of most nations, is not shrouded In the mists of mythology nor In the darkness of barbaric ages. From the beginning it stands, for the most part, in the clear light of authentic facts. It traces its origin, as no other nation can, from public documents, such as land patents, incorporative 148 THE AMERICAN COLONIES charters, proprietary grants, or royal commissions, in the interpretation and construction of which, with the Included facts, may be found aU, or nearly all, that is of value. In these documents the beginning of our essential history Is to be sought, rather than in the forests of Germany or in the fens of Lincolnshire; and with them and the records of the Board of Trade, royal Instructions, assembly journals, and Chalmers's Opinions, and with little other aid, any one of his torical Insight and general culture, observant of the logic of events and well acquainted with men, their motives, and modes of bringing to pass their purposes, — not necessarily a jurist, but like Hutchinson, Ram say, Trumbull, and Belknap, with clear conceptions of organic and municipal law, — could write the his tory of the thirteen colonies In his closet. Another characteristic circumstance of our history Is its isolation. Before the war of 1755 it had, so far as I can perceive, no essential dependence upon Euro pean affairs — not even those of England ; certainly none which changed the direction or rate of progress which the people were making under Influences purely American. This Is not the view taken by the historian of the United States or by the historian of New Eng land ; and I am aware how much their histories gain in interest by being projected on a background In which we see the movements of armies and the pa geantry of kings and courts.^ Original tendencies of the race and acquired habits ^ Without doubt, the colonies were a factor in European politics ; hut how far the converse is true is not so clear. The essential history of the colonies is that of their development ; and the historian may disregard, or pass lightly over, whatever did not materially affect that development. Perhaps the French war of 1755, which resulted in the overthrow of the French power in America, presents the strongest case THE AMERICAN COLONIES 149 and Impulses were transmitted In both of its branches, and doubtless influenced the emigrants in their new of a colonial war growing out of European complications ; and yet, with regard even to this war, it is a question how far it affected the development of the colonies — that is, in consequence of that war and its result, how was their subsequent history different from what it would have been had the war never taken place or had the result been different ? But see Massachusetts Historical Collections, ser, 4, iv, 370. The answer must be uncertain, yet there are facts which lead to the conjecture that the result made, or had it been different would have made, no essential difference, Wolfe's success at Quebec is often spoken of as having changed the history of the French and English colonies. It was indeed a splendid achievement of British arms ; but Creasy wisely counted the battle of Saratoga, not that at Quebec, among the " Fifteen Decisive Battles of the World," Nor was the immediate effect upon Canada itself very great. Eleven years later, the Quebec Act of 1774 was a politic, if not a necessary, recognition of the status quo; and it is worth considering how far, even to this day, those circumstances and conditions which accelerate or retard the prosperity of a people were changed by the war, (See an instructive paper, by John George Bourinot, LL, D,, of Ottawa, in the Scottish Review for April, 1887,) It may be conceded that the reduction of Canada precipitated the American Revolution, It is not claimed, I think, that it caused that event. How, and to what degree, then, did it hasten it ? It is usually said that after the peace of 1763 the British colonies, no longer exposed to hostile inroads of the French and Indian allies, were better able to resist the unpropitious legislation of Great Britain, This aspect of the case was fully discussed by English and colonial statesmen, among whom was Franklin ; and the English negotiators of the treaty of 1768 were in doubt whether they ought to retain Can ada as one of the results of the war or give it up for Guadeloupe ; and it would seem that they made a great political mistake in their deci sion, unless we overestimate the effect of the reduction of Canada upon our subsequent history. Let us suppose that the French had retained Canada, Would that fact have wiped out the enormous debt incurred by its conquest or have prevented its increase for the defense of the colonies ; or would the colonies, thwarted in their wishes, have become enamored of stamp acts, navigation laws, or Townshend's revenue measures ? Wolfe's victory did not precipitate, or make more exigent than his defeat would have done, any of those questions which had been open 150 THE AMERICAN COLONIES home under unwonted circumstances ; but the colo nists were far from the complications of European pol itics, and when histories so dissimilar are treated in relation, and with due regard to historical perspective, American history loses its distinctive characteristics and much of its value. I prefer, therefore, to regard it, as I believe it to be, the history of Englishmen more or less Imbued with the principles of the Re formation and of the Petition of Right, who cut them selves loose from Europe, with Its old Institutions and associations, and without pattern, or assistance, or very effective interference — though that was often threatened — undertook on bare creation, to develop for more than a hundred years, and finally brought on the war. The debt, as has been said, remained to be paid ; nor could it be paid, or even remain stationary, except hy subjecting the colonies to an impe rial policy, involving the adoption of essentially the same measures as those which led to rebellion. Why, under such circumstances, would they have been less willing to seek relief in independence, or the French less willing to incite them to rebellion, on occasion ; and when the colonists were brought to the contemplation of that, as in time they must have been, could they have been blind to the consideration how mach more effective French assist ance would be (than it really was under other circumstances) when that power held the St, Lawrence and the northern approaches to Lake Champlain ? The northern campaigns of 1775-6 and 1777, to say nothing of Sullivan's expedition of 1778, would have been eliminated, and the concentration of colonial energies and resources in the middle and southern colonies have thus been permitted. In regard to this matter, see Franklin's Familiar Letters, Sparks's edition, 247, 266, The real contest between England and France in which the colonies, as a whole, were interested, was for the Ohio and the Mississippi, not the St, Lawrence ; and had the attack on the left flank of the French at Quebec failed, it would by no raeans have prevented, or more than temporarily delayed, one on the French centre, from a base of the Atlantic, protected by the naval power of England, A war for tlie great watercourses and the fertile lands on their banks would have followed, and with the result usual in the contests for empire between England and France, The French centre once broken, New Orleans and Quebec would have been untenable. THE AMERICAN COLONIES 151 thirteen autonomous states out of as many land com panies. No doubt when America was discovered she parted company with the undetermined ages in their sluggish movement and east off iuto the rapid stream of historic time ; but she was far from the centre of the current, and in a new world soon formed one for herself. Such, as it appears to me, has been the isolation and direct development of the Independent governments of America from colonial charters or their equivalents. It was self -development, — • in New England primarily on the basis of ecclesiastical independency closely in terwoven with economic Independency, which out of New England was the leading motive ; and Its history gains in Interest and value as it reaches that point when acts of incorporation and royal commissions ceased to be such, and became potentially the basis of governments proper, agreeably to the laws of growth, usage, and necessity In a land remote from the old world and having little connection with it.-*^ With this conception of the origin and historical and political significance of the questions some which were rife between 1768 and 1776, I ?°°^*'- , ' tutional pass to their relation to the Arnerlcan Revo- ques- , ,. tions lution. ^ ^ g^g^^. Jefferson, In his declaration to the world i^ied, of the causes which justified the assertion of colonial independence, has given singular prominence to the 1 A signal interference by the home govemment with the colonies was the revocation of the Massachusetts charter in 1684, followed by the Dudley-Andros interregnum, and that by the second charter ; but the affair, neither in detail nor in mass, deflected the history of that colony by a hair's breadth from the old line of development ; and we look in vain for the scar of the wound which Charles II. in his anger inflicted ou the body politic. 152 THE AMERICAN COLONIES exercise of the king's prerogatives ; and his arraign ment of him at the bar of public opinion seems like a personal assault. Jefferson knew, and no one knew better, that some of the real causes which warranted the Declaration, such as the Navigation Acts and the ecclesiastical laws in Virginia, had existed a hundred • years before George III. began to reign; and that for the later revenue measures he had only a divided responsibility, such as arose from his assent to parlia mentary acts the veto of which might have cost him dear.i jjj ]y[p_ Webster's " Eulogy on Adams and Jefferson " will be found the reasons which probably influenced Jefferson In making the king the chief offender. "The best of kings," as James Otis and Samuel Adams somewhat profusely, and perhaps not ^ As to the king's constitutional responsibility nothing need be said, for he, like the sovereign people, can do no wrong ; but with this dif ference, that if he does, he can be decapitated : with the other, it is not so ! As to his moral responsibility for acts done in his name, it should be considered that his connection with them was often merely nomi nal. An appeal from the decision of a colonial court to the king in his bench was an appeal to the judges of the highest English court. And so an appeal to the king in his council was an appeal to the min istry. We read that the king settled the boundaries between pro vinces, or vetoed their laws, or gave instructions to governors, or issued his royal commission ; but so far were these acts from being the per sonal acts of the king, that the probability is that he knew little about them, except as he was informed by the secretary for the colonies of what had been settled by the ministers ; and that both he and they, in these cases, acted on the advice of the great law officers, aud fol lowed precedents from which neither could safely depart. The impersonal nature of the prerogative is shown by the fact that though the government of New Hampshire between 1679 and 1774 with a short interregnum was based on the king's commission, appar ently the written evidence of his personal wiU ,and revocable at his pleasure, yet I doubt if any instance can be found where, on account of royal dissatisfaction — which means the dissatisfaction of the min istry — the tenor of his commission was changed. Though theoreti cally otherwise, it was as permanent as a royal charter. THE AMERICAN COLONIES 158 with entire sincerity, were in the habit of calling him, was in no respect the worst of kings ; and when free from the cruel malady which made hapless his later years, he was tyrannical neither in his political nor in his personal conduct ; ^ nor was he without solicitous regard for the welfare of his American subjects. It was his paramount purpose, as it was Jackson's and Lincoln's under circumstances not dis similar, to preserve the integrity of his empire ; and in this he exhibited two qualities — courage and deci sion — which stood for so much with the most popular president of the United States when, in 1832, their unity was threatened by a dissatisfied State. Though Jefferson regarded with disfavor those who exercised autocratic powers — especially If heredi tary — until he came to exercise them himself, he probably had no personal animosity towards the king, but spoke harshly of him as he did, and regardless of facts, from political necessity. The act which he un dertook to justify before the world was renunciation of allegiance to the king to whom, if to any one, it was due, — not to the ministry, nor to Parliament, nor to the British people."^ Therefore he sought something In his conduct which would warrant the 1 So thought John Adams, See his Letter to Timothy Pickering, 1822, ^ The operative act which severed the colonies from the crown was Lee's resolution of June 7, 1776, passed by Congress on July 2, and was in these words : " Resolved, That these United Colonies are, and of right ought to be, free and independent States, that they are absolved from all allegiance to the British Crown, and that all political connection between them and the State of Great Britain is, and ought to be, to tally dissolved," And as the Declaration was merely an announce ment to the world, on the 4th of July, of what had been enacted on the 2d, Jefferson was obliged to follow Lee's resolution, Jefferson, in his Autobiography (p. 12), gives a rdsum4 of the opinions of such 154 THE AMERICAN COLONIES rupture of the empire. None of the real grievances, such as the enforcement of the Navigation Laws,i the revenue measures, or the Boston Port Bill, would serve his purpose, because, apart from the constitutional maxim that all the king's public acts were done under the advice of his ministers, who were alone responsi ble for them, the king, as a matter of fact. Instigated none of those measures, and, as the veto power was then regarded, he eould not have wdthheld his assent to them without endangering his crown. But every exercise of the prerogative, however far from the fact, ostensibly as well as constitutionally, was the sole act of the Icing, for which he was re- men as John Adams, Lee and Wythe, who favored the passage of the Resolution of Independence, to the effect that, " as to the people or Parliament of England, ive had always been independent of them, their restraints on our trade deriving efficacy from our acquiescence only, and not from any rights they possessed of impairing them, and so far, our connection with them had been federal only, and was now dissolved by the commencement of hostilities ; " That, as to the king, we had been bound to him by allegiance, but that this bond was now dissolved " by certain acts more fully set forth by Jefferson in the Declaration of Independence, and also in the preamble to the new constitution of Virginia which Jefferson had drawn, — Randall's Jefferson, i, 195, The Declaration, as drafted by Jefferson, was no sudden, no novel product. He had been over the whole subject, and was thoroughly master of it, as appears from the draft of instructions which he pre pared for the delegates to the Congress of 1774 (Autobiography, i, 122), which, though not fully accepted, afterwards appeared in A Summary View ofthe Rights of British America. 1 "I think it [the act of navigation], if uncompensated, to he a condition of as rigorous servitude as man can be subject to," " They found, under the construction and execution then used, the act no longer tying but actually strangling them," — Burke's Speech on American Taxation. " I judge so from the system of monopoly and exclusion which governs all your political writers upon commerce, except Mr, Adam Smith and Dean Tucker — a system which is the true prime cause qf your separation from your colonies." — Turgot to Dr. Price, 1778. THE AMERICAN COLONIES 155 sponsible. Therefore Jefferson attacked him in an in dictment consisting, as originally drawn, of twenty articles, several of which contained two or more speci fications. In nineteen of these he is made sole cul prit ; and In one, the thirteenth In order, he Is associ ated with the two Houses of Parliament ; seven relate to the exercise of the veto power In one form or an other ; two, to the appointment, tenure, and pay of the judges ; one, to the increase of revenue officers, and seven, to the abuse of his powers as commander- in-chief of the army and navy. Had the king been arraigned on these charges before a court of justice, undoubtedly by advice of counsel he would have demurred to the bill, which, I hardly need say, means that admitting the facts to be as set forth, still he ought not to answer, since the acts complained of were done In the exercise of his consti tutional prerogatives. The charge, for example, that " he has refused his assent to laws the most wholesome and necessary for the public good," Is, on constitutional grounds, with out support ; for It was not only his prerogative right so to refuse, but it was a right expressly reserved, with two or three exceptions, in the very Instruments to which the colonies owed their existence, and which they had assented to by accepting them. Jefferson would not have helped his case, as matter of law, by insisting that it was the abuse, not the exercise, of the powers of which he complained ; for of that the king was sole judge. Looking at the case, therefore, from the constitu tional point of view, as Chalmers and the Tories looked at It, judgment must have been for the king. That is, by the British constitution the king stood on the 156 THE AMERICAN COLONIES same ground as that on which the President of the United States, the governors of most of the states, and the mayors of many cities stand when they veto legislative acts ; and no more than they are was the king justly liable to Impeachment therefor. By fiction of the British constitution the king sat In person In his colonial courts, as well as in those within the realm ; and when he required substitutes, as well he might, to perform this ubiquitous and ex acting service, he claimed the right accorded by the constitution, to say by whom, and on what tenure, and with what pay these vicarious services should be rendered. The pay of the judges by the king was the feature most obnoxious to the colonists. They cared less who was judge, or how long he held the office, so long as they could bring him to terms, as they often did, or even drive him from the bench, by diminish ing or withholding his salary. The result was that when the king sued In his own courts for his revenues or for trespasses on the timber land of the crown he was generally cast in his suit. This question the Re volution temporarily adjusted without settling. It was left to us, and we are in doubt ; for there are intelli gent people who take the Revolutionary ground, as opposed to the Tory ground of that period which we have generally adopted, that the judiciary, not less than other departments of the government, ought to depend upon the popular voice for their election, pay, and tenure of office. The king, like the president of the United States, by his prerogative was commander-in-chief of military and naval forces of his empire, and in peace as well as In war determined their movements, posts, and quarters. Regarded then as a constitutional question, THE AMERICAN COLONIES 157 Jefferson's complaint on this head amounts to no more than this : that George III., though he probably bad little to do with it, directed the forces in the colo nies for purposes and In a manner which was not approved of by the colonists. But that Is seldom the case with those whom the government undertakes to reduce to subjection. Certainly it was not so In the late Civil War, in which both combatants made loud and doubtless just complaints against each other of inhumanity and disregard of the laws of war ; and Congress and the press and many very wise people were more willing to take command of the army than to allow the constitutional authorities the exercise of that function. Tory writers both at home and abroad sneered at Jefferson's constitutional notions. Not that Jefferson did not know the constitution ; few knew It better. His difficulty was that In armed rebellion he was obliged to fight the battle before the world, not as a rebel, but as one contending for the rights of the colo nists under the constitution, which, as he claimed, had been Invaded by the sovereign. On that ground his task was severe — perhaps beyond his strength. If his situation had allowed, Jefferson doubtless would have said what certainlv was true. The real that the king, by advice of his ministers position and bv virtue of his prerogatives and as a °^*^® .•^ . colonies. coordinate branch of the legislature, had exercised his constitutional powers adversely to the economic Interests of his colonial subjects ; and that they, having petitioned and remonstrated without redress, were compelled to sever those relations which formed the basis of their allegiance to him and of his power over the colonies. But that was revolution ! 158 THE AMERICAN COLONIES This was the real position of the colonists, and In it was the justice and strength of their cause ; and we may speculate whether they might not have better taken It at the outset, since to that position have gradually come the wise and dispassionate thinkers of both countries in the present generation. They followed English precedents, however. In the course they adopted ; for I believe the opinion Is gaining ground, adversely to Hallam and some other English constitutionalists, that In many, perhaps most cases, and notably In the case of ship-money, Charles I. was within his strict constitutional prerogatives.-' Nevertheless, the people rebelled and slew him as a tyrant who claimed and exercised unconstitutional powers, when his real offense was the exercise of con stitutional powers without any warranting necessity.^ Jefferson was right In his main purpose ; but his indictment of George III. is perhaps the only one ever drawn In which the real offense is not even men tioned, and where an Innocent party was vicariously substituted for the real offender ! Nevertheless, Jefferson's arraignment of the prero= gatlves In the person of the king did little or nothing for their settlement, since they remain, even with aug mented force, under the new order as under the old. Prerogatives in a monarchy are the divine rights ^ Hall's Customs of England, i, 141, 145, ' Where great principles or even great interests are at stake, con stitutional guaranties or restrictions are of little avail. How little some of us know, who had no doubt in respect to the guaranties of chattel slavery, but, nevertheless, deliberately disregarded them, and gloried in doing so ; while many attested their sincerity by the sacri fice of their lives. And so, as we look at it, and as I think the world, including Great Britain, now looks at it, Jefferson was rin-ht in his main purpose ; and if, on strictly constitutional grounds he was wrong, like Csesar, " he was wrong in just cause," THE AMERICAN COLONIES 159 of the sovereign king ; under a democracy, the divine rights of the sovereign people. This Is the unaayg theory. Practically, under both forms of factory , ,1 X r i_ results government, they are grants ot power by ofthe the people to their rulers ; and If the king's contro- prerogatives were justly obnoxious to the colonists, why did they, not many years after, invest the President with power to appoint cabinet officers, foreign ambassadors, judges, and the whole civil and military service for a people since become sixty mil lions ? 1 This is one of the questions which the Revo lution did not settle, and it has been reopened again and again, with a persistency which causes solicitude in some quarters as to the result, especially in respect to the judiciary. Jefferson smote the claim of parliamentary supre macy squarely in the face. He denied that Parlia ment had any rightful authority over the colonies ; and asserted that the exercise of such jurisdiction was foreign to our constitution, unacknowledged by our laws, and that all its acts were usurpations. This opinion he had expressed before the Revolution, and Wythe agreed with him ; but as he said, he could find no one else who did. No wonder ; for the facts were against them. In several Instances and on various subjects Parliament had legislated for the colonies with their assent, and even at their request. If Jef ferson accepted the original doctrine that the colonies were the king's colonies, subject to his direction to the exclusion of all other, his position Is intelligible. Franklin had expressed similar opinions ; but both regarded monarchical power when opposed to popular 1 See Letter of John Adams to Roger Sherman in Boutell's Life of Sherman, 315. 160 THE AMERICAN COLONIES rights with aversion, and it is difficult to resist the conviction that their utterances were merely political. Jefferson's theory of the relations of the colonists to the crown was as old as the colonies themselves, and grew out of the public law of Europe in the fif teenth century ; by that theory the king made laws for them. If royal provinces, by the terms of his com missions to their governors, and he regulated all of them by the exercise of his prerogatives. Neverthe less, from an early period the prerogatives had been invaded by Parliament, so that at the time of the Revolution they were In such doubt that statesmen might well differ as to the rights of Parliament to tax the colonies. They claimed exemption by arguments to which Chatham and Camden gave assent, and sometimes for reasons which illustrated the self-com placency of the true Briton and all of his descendants, especially In Massachusetts. ¦' ^ That people, says Mauduit (Hutchinson's Letters, 59, 2d ed., 1774), pleaded the charter of 1691, in which it was provided that they should have and enjoy all liberties and immunities of free and nat ural subjects, within any of the king's dominions, his heirs, and suc cessors, to all intents, constructions, and purposes whatsoever, as if they and every of them were born within his realm of England. The English subjects within the realm, they said, " have a right to choose representatives for themselves, and are governed only by acts of Par liament ; under our charter, therefore, we have the same rights as the people of England have to choose our representatives, and to be gov erned only by the laws made by our assemblies in which alone we are represented ; and the Parliament of England has nothing to do with us," This is ingenious. It is also very English and very American, Both peoples seem to think that there are certain rights which Eng lishmen and their descendants as such, distinguished from French men, Spaniards, or Dutchmen, for example, carry with them into all parts of the world, to be pleaded there against local jurisdiction, " I am a Roman citizen," exclaimed Paul in a country remote from Rome, but subject to its laws, " I am an Englishman," exclaims one who travels in foreign parts where English law does not prevail, and THE AMERICAN COLONIES 161 The dispute was mainly one of point of view. If the colonists were without the realm, and _, '_ The merely the king's subjects, as was their re- British lation by constitutional theory at least, par- ^ llamentary legislation affecting them was point of usurpation ; but if they were within the em pire, which was questioned argumentatively by the col onists, though that was the opinion in England, and if they were entitled to the privileges of the British constitution, and subject to its burdens with all the exceptions to its general provisions and frequent departures from Its principles, then the rights and duties of the colonists, as of those within the four seas, were determined by precedents, judicial deci sions, and opinions of the high officers of the law. This, of course, was the legal and constitutional view of the matter ; and had it prevailed, the colonists were as much bound by the king's prerogatives and parliamentary proceedings as were the home subjects, five sixths of whom, notwithstanding the general maxim that representation and taxation are correla tive rights and burdens, had no effectual participation in their own government, and least of all in the power by which they were taxed. This was the opinion of Mansfield, and finally of Camden, and it was supported by arguments of such expects his claim to be allowed. The real meaning of the charter was, that any citizen of Massachusetts going to England or Jamaica, or to any other of the king's dominions, should have the same rights as though he were born in England ; but it did not mean that in Massachusetts or Jamaica he should have the rights, general or local, which he might have and enjoy in England, Such has been the interpretation given to a provision in the fourth article of the Articles of Confederation similar to that in the Massachusetts char ter. 162 THE AMERICAN COLONIES weight that some of the British liberals ^ were forced implicitly to acknowledge Its legal validity.^ 1 Burke's Conciliation with the Colonies. ( Works, Little & Brown ed,, 1839, ii, 48,) ^ In 1765 Camden said that Parliament had no right to tax the colonies ; in 1767 he affirmed that right, and accounted for his change of opinion by the Declaratory Act which accompanied the repeal of the Stamp Act. We who live under a written constitution which divides and apportions the powers of government, and defines rights and duties with exactness of phrase, have diflficulty in understanding how the British constitution can be changed in an hour without re ference to the will of the people. Bat a glance at our own history makes it quite clear. For example : Nothing is more certain than that the framers of the Constitution designed, by the machinery of an electoral college, to remove the election of the President and Vice- President as far as possible from popular influence ; and yet the exercise of the power lodged in the college, according to constitutional provision and intent, would at any time since the adoption of the Con stitution have produced a revolution ! Again : more than half of the present territory of the United States was acquired by a purchase not authorized by the Constitution, as Jefferson, who consummated it, admitted ; but the precedent once set, not even by the representatives of the people in Congress, but by an usurpation of power by the executive, it virtually became part of the Constitution, and without scruple has been followed by other ac quisitions by purchase, by conquest, by treaty, and by joint resolution, I say nothing of the extension and modification of the Constitution by judicial construction which so alarmed and disgusted Jefferson, and only allude to the high authority (Lodge's Webster, 176), which admits that the vaUdity of Mr, Webster's opinions in 1830 respecting nullification rests upon what the Constitution had become at that time rather than upon the intent of its framers in 1787, See ing then the potency of precedent under a democracy as well as under a monarchy, and in the case of a written constitution by its terms changeable only by formal amendments, I can listen with re spect, even if I do not assent, to the powerful reasoning of Mansfield that the colonies, especially after the Declaratory Act of 1766, were subject to parliamentary authority in all cases whatsoever, *' Constitutional difficulties never will stand in the way of a major ity, , , Even in so select a body as the Senate of the United States a mere variation of phrase will contrive a loop-hole to escape from the most bare-faced usurpation of power." John Qiuncy Adams's Diary, i. 417. THE AMERICAN COLONIES 163 Nevertheless, this is the British view. There was also an American view which the Whigs had a clear right to take, as they did when they -w^jg questioned whether the British construction, point of with the Declaratory Act of 1766, had been acquiesced in by the colonists so as to give to it the force of constitutional law binding on them in their relations to the mother country. There is also an entirely different view which acknowledges the force of precedent and jojm usage, and which seems to me conclusive Adams's , , view, so far as relates to the right of Parliament directly to tax the colonies. It Is that presented in the fourth article of the Declaration of Rights by the Congress of 1774, drawn by John Adams, and claims in substance the existence of colonial constitutions as well as of the British constitution, and that the former as well as the latter were the results of growth, development, usage, and precedent ; and that by these constitutions the power of Parliament did not extend to direct taxation for revenue,-' but was limited by the countervailing colonial constitutions, which In that respect had become part of the gen eral constitution, to taxes Imposed by the navigation laws and some others, to which the colonists had given their implied assent, and from which they had received equivalent commercial protection. But direct taxation was another matter. For a hundred and fifty years the power, if it ever existed, had been in abeyance, and the colonies had been allowed to grow 1 In a notable passage in Burke's " Speech on American Taxation " (Works, Little & Brown ed,, 1839, i, 492), he distinguishes the consti tution of Britain from the constitution of the British empire, con ceding to the latter the power of taxing in Parliament as an instru ment of empire and not as a means of supply. 164 THE AMERICAN COLONIES and shape their governments and their policy and manaare their affairs without direct contribution to o the Imperial exchequer even for their own govern ment and defense. I have said that the war settled none of the consti tutional questions for which it was waged ; stitu- nor did the new Constitution Itself settle tional them except bv returnlner to the British con- questions . '¦ •', . . ^ remain structiou. Ihis, it IS true, was brought unsettled, ^^^^^ ^^^y with great difficulty; for there was a large minority led by such men as George Ma son, Elbridge Gerry, and Samuel Adams, who stren uously contended that in adopting the Constitution of 1787 the people surrendered everything, except inde pendence, for which they had fought seven years. If the present Constitution Is evidence of such surrender, It Is one more example of the tenacity with which the race clings to the principles and essential forms of government, no matter by what name they are called, to which they have been attached, and with which are associated their progress and their glory and even their misfortunes. If I have any difficulty In determining the validity The true of the American position within the Consti- taken in tutlon, either imperial or colonial, I have the pre- none whatever In this : that the navigation amble of , . i. , . . , the Decia- laws and acts of trade, taxation without re- ratiouof presentation, the attempts to force an epls- ence— copate on the colonies, and the exercise of rair^ght' *-^® royal prerogatives, were so clearly at of men to variance with the natural and acquired settle . . their own rights of the coloulsts, that at the time when form of tJiey chose to assert and rely upon them they ment, were clearly justified in armed resistance ; THE AMERICAN COLONIES 165 and so were they if the British connection contravened the sentiments of three millions of people as to what constituted the pursuit of happiness. This, however, is not in the light of constitutional law, but is an ap peal to the rights of man. Here Jefferson was strong, unassailable — In the preamble, if not in the body of the Declaration. Jefferson is a great character and needs a great stage around which may gather all the races of men to hear what he has to say. He requires no interpreter. For six thousand years the world had been waiting for the words which he so spake that all men heard. REMARKS ON THE NEW HISTORICAL SCHOOL Eepbdjted fkom the Peoceedings of the Massachusetts Historical Society, Jantjary, 1890 THE NEW HISTORICAL SCHOOL Within the last decade there has grown up among us a new school of history which has its principal seats at the higher universities. It is now so well known by its leading characteristics that a minute description of it would seem like pretending to a new discovery. Its promise is high, and even thus early Its work is more than respectable as that of young men mainly of scho lastic training, unacquainted with affairs, and without opportunities for observing how the elementary facts which make history are colored and even transformed in legislative assemblies, by judicial decisions, and In the tumultuous proceedings of the crowd. Gibbon has recorded that his captainship in the Hampshire grenadiers had not been useless to the historian of the Roman Empire ; and every one knows how much the historical insight of Clarendon, Hume, and Macaulay was quickened, and how much their narratives gain In closeness and verisimilitude by their participation In government, diplomacy, and parliamentary affairs. And so will it be with the new school of American historians. Years and experience wIU add greatly to the value of their future work. Their methods are the comparative of Bopp and the critical of the later scientists ; and these are some thing more than new names for old processes. Hutch inson, Belknap, Trumbull, and Ramsay were diligent seekers and close observers. They did good work ; of 170 THE NEW HISTORICAL SCHOOL its kind none better has been since done. But their field of observation was no wider than the subject in hand, of which they gave the facts very exactly, but not their relative values ; nor were they curious about remote causes or the origin of institutions. The new methods have produced surprising results In history as weU as in science. The historian of the new school, distrusting second-hand authorities, resorts to original documents ; and If these are legal, which Is more than likely to be the case in American history, as our English colonies were based on legal instru ments, and their constitutional history Is mainly to be found in the legal Interpretation of those instruments, he acquaints himself with the rules of interpreting such documents. The neglect of this obvious duty has often led to deplorable mistakes. At the same time he considers how often, and how justly, legal argu ments and conclusions are overruled by considerations of public policy. This Is especially necessary in the history of the period just before the Revolution ary War, when the weight of purely legal argument was mostly on one side, and on the other a weightier colonial policy. Deeper than legal principles, deeper even than questions of public policy, and more potent, were the instincts and traditions of the race, though voiced as they often were by wild cries of the mob, unthinking and sometimes cruel, but generaUy right in their main purpose. It was by his recognition of these and by his appeal to them that Pitt, with vague notions of constitutional law and sometimes mistaken in his views of public policy, made his first adminis tration the most glorious In British annals ; and that Macaulay, gathering their varied expressions from re condite sources, added to his narrative much which THE NEW HISTORICAL SCHOOL 111 wiU be more valued than its brilliancy and pictur esqueness. The methods of the new school are adapted to their subjects of research ; and these, judiciously chosen as yet, are those which require neither a large canvas nor imaginative treatment, but rather, patient investiga tion and thoughtfulness, — such as the origin and growth of local institutions, municipal governments, constitutions, and social science. Nor is this history of our institutions limited to their beginnings and growth on American soil, but the Inquiry is pushed into the remote habitats and ages of our Anglo-Saxon race. Nothing could be better than this, though not with out its perils in treatment. In a large view the human race is one ; its thoughts, desires, necessities, and modes of action are similar ; and so, to that extent, is its essential history. But such generalizations are more safely used by the anthropologist than by the historian. Nevertheless, there is a certain fascination in tracing the unity of history. It pleases the reader not less than the historian. There are few more effec tive paragraphs in any history than those In which Guizot affirms that " neither the English revolution nor the French revolution ever said, wished, or did anything that had not been said, wished, done, or at tempted a hundred times before they burst forth ; . . . and that nothing will be found of which the invention originated with them, nothing which is not equally met with, or which at aU events did not come into existence in periods which are called regular." ^ I have spoken of this school as new, — new in its methods and new In Its purposes ; and so, doubtless, it is in this country, but not in Europe. Its prototype 1 English Revolution, preface. 172 THE NEW HISTORICAL SCHOOL is to be found there, and there its most distinguished master. Dr. Edward A. Freeman. His view of our history may be gathered from a paragraph In which he says that " the early Institutions of Massachusetts are part of the general institutions of the English people, as those are again part of the general institutions of the Teutonic race, and those are again part of the gen eral institutions of the whole Aryan family." And there he says he stops ; but he adds that his friends do him no wrong who make such institutions common to aU mankind.^ The new American school inclines to go no farther than Freeman goes. But there is danger even in this. It is frequently said that our emigrant ancestors brought British institutions to Massachusetts ; and with this notion we seek in English towns the proto types of our own, and so back to those communities in the German forests vaguely described by Tacitus and Csesar. I think there are reasons for caution in ac cepting the conclusions of some of our recent historical writers based on the theory of Dr. Freeman. Analogies do not constitute identities. Instincts are not institutions ; nor does similarity of design or adaptation of institutions Indicate heredity or even relationship. When Englishmen sought new homes on American soil, they doubtless came with the pur pose of organizing society and government ; but they would have done so without such antecedent purpose. With forethought they brought many things. But there is no evidence that they brought Institutions, or had even meditated the form which they would give them. They certainly brought with them the instincts, ' Introduction to American Institutional History (Johns Hopkins Uni versity Studies), 13, THE NEW HISTORICAL SCHOOL 173 traditions, and habits of their race, and these deter mined their action In unwonted situations and gave shape to their institutions. We know with some ex actness what they brought with them. We have the lading of the ships in which they came. Besides them selves, their wives, their children and servants, they brought clergymen, physicians, surveyors, mechanics, with food to serve until the soil should yield it. They brought clothing, furniture, tools, utensils, weapons offensive and defensive, and animals. They brought " Ministers, Men skllfuU In making of pitch, of salt, vine Planters, Patent Under Seal, a Seal, wheat, rye, barley, oats, a head of each in the ear, beans, peas, stones of all sorts of fruits, as peaches, plums, filberts, cherries, pears, apples, quince kernels, pomegranates, woad seed, saffron heads, liquorice seed, roots sent and madder roots, potatoes, hop roots, hemp seed, flax seed against winter, connys, currant plants, tame turkeys, and madder seed." But we nowhere find mention of Magna Charta, the British Constitution, the Petition of Right, or English Institutions. Nor is much said about them In their books, sermons, diaries, or corre spondence. But when they needed, they found them directly enough in the traditions and instincts of their race. While their general purposes were clear, there Is no evidence that they had any definite and fixed plans as to their government or institutions. The evidence is all the other way. Their charter, the expression and measure of their rights, gave them no power to set up a government save for managing a land company. If they intended to bring an English town with them, as is so often said they did, they were singularly lacking In care ; for when they had organized their common- 174 THE NEW HISTORICAL SCHOOL wealth governnient, and arranged themselves in sepa rate communities for which corporate town powers were necessary, no warrant was found In their char ter, and to meet the necessity they were obliged to usurp the power of forming corporations, for which they were afterwards called to account, and greatly to their cost. So our English ancestors did not bring English towns with them, nor English churches, nor vestries, nor British Institutions. But on occasion they builded for themselves, as Englishmen always and everywhere had done and still do, according to the exigencies of their situation and after the manner of their race, just as the seeds they brought with them produced, each after Its kind, but modified by differences of soil, climate, and situation. And so doubtless was it with their ancestors and ours, who came from the forests of Germany to England ; but It is questionable whether they brought German towns into England. We must not be misled by analogies or resemblances, nor assign to nationality what belongs to all races. Wherever people are gathered In stationary com munities, their communal wants wIU be essentially the same, and will be provided for essentially in the same manner. But it is quite probable that a fully organized New England town differed In as many particulars and as widely from an English town as that from a German town, or as that from one In the heart of Africa. It is not to be inferred from what has been said that the new historical school has generally fallen into the mistake Indicated, though perhaps there Is a tendency to do so. One of those who adopted the extreme view as to THE NEW HISTORICAL SCHOOL 175 the origin and powers of New England towns was the late Professor Alexander Johnston. His opinions took shape in a monograph entitled " The Genesis of a New England State," published In 1883, which was substantially incorporated into his history of " Con necticut : A Study of Commonwealth Democracy," published In 1887. On the appearance of this work I read It with interest ; but finding some statements and opinions, presently to be referred to, which seemed to me questionable at least, I made memoranda which form the substance of what I am now saying. Pro fessor Johnston possessed many qualifications for writ ing history. He readily apjarehended and swiftly methodized the facts appertaining to his subject, and presented them in an attractive style. His views of the origin and development of our institutions were those of the new school pushed beyond their extreme limits ; but his way of handling facts and drawing Inferences from them was his own, and In my judg ment not to be commended. His views are best set forth In his own words, as foUows : — 1. " Connecticut's town system was, hy a fortunate con currence of circumstances, even more independent of out side control than that of Massachusetts ; the principle of local government had here a more complete recognition ; and in the form in which it has done best service, its begin ning was in Connecticut. 2, " The first conscious and deliberate efBort on this con tinent to establish the democratic principle in control of government was the settlement of Connecticut; and her Constitution of 1639, the first written and democratic con stitution on record, was the starting-point for the demo cratic development which has since gained control of all 176 THE NEW HISTORICAL SCHOOL our Commonwealths, and now makes the essential feature of our commonwealth government. 3. " Democratic institutions enabled the people of Con necticut to maintain throughout their colonial history a form of government so free from crown control that it became really the exemplar of the rights at which aU the colonies finally aimed. 4. " Connecticut, being mainly a federation of towns, with neither so much of the centrifugal force as in Rhode Island nor so much of the centripetal force as in other colo nies, maintained for a century and a half that union of the democratic and federative ideas which has at last come to mark the whole United States. 6. " The Connecticut delegates, in the Convention of 1787, by another happy concurrence of circumstances, held a position of unusual influence. The frame of their com monwealth government, with its equal representation of towns in one branch and its general popular representa tion in the other, had given them a training which enabled them to bend the form of our national Constitution into a corresponding shape ; and the peculiar constitution of our Congress, in the different bases of the Senate and House of Representatives, was thus the result of Connecticut's long maintenance of a federative democracy." The foregoing propositions contain several matters in respect to which I find myself not In accord with Professor Johnston, but I shall advert to two only ; and these are, first, his Ideas of the origin of Con necticut towns, the functions assigned to them in the formation of that Commonwealth, and their subse quent relation to it ; and second, the alleged influence in the Convention of 1787 of the Connecticut system in giving shape to the Constitution of the United States. Before giving further extracts from Professor John- THE NEW HISTORICAL SCHOOL 177 ston's history, I will notice briefly the circumstances of the settiement of the valley of the Connecticut, detailed more fully by Palfrey.^ The most considerable emigration to Massachusetts Bay which followed the coming of Winthrop in the summer of 163(T was a party of East England people who landed at Boston, September 4, 1633. Of these the most conspicuous were John Cotton, Thomas Hooker, Samuel Stone, and John Haynes, of whom all except the last were clergymen, and aU except the first were prominent In bringing about three years later the exodus to Connecticut, and In setting up a new commonwealth there In 1639. Hooker and Stone were settled at Newtown, now Cambridge, as pastor and teacher of the church there ; and In the summer of 1636 they led many of their congregation as well as the church to what Is now Hartford, where Haynes joined them the next year. Warham, the Dorchester clergyman, also carried his church and part of the congregation to Windsor. These churches emigrated as organized bodies, thus creating vacancies In these several towns, which were filled by the formation of new churches at Cambridge, under the charge of Shep- ard, and at Dorchester, under the charge of Richard Mather, the famous progenitor of the more famous Increase and Cotton Mather. But the emigrants from Watertown, Boston, and Roxbury, accompanied by several eminent men, went as groups of people unorganized either as church or community. Thus, after three years' residence in the Bay, these people went away to Connecticut. Indeed, they had been settled only a few months before they conceived and made known their dissatisfaction with things as 1 History of New England, i, 444, et seq. 178 THE NEW HISTORICAL SCHOOL they found them, and began to form plans for re moval. The reasons they assigned for this desire were as foUows : — 1. " Their want of accommodation for their cattle, so as they were not able to maintain their ministers, nor could receive any more of their friends to help them ; and here it was alleged by Mr. Hooker, as a fundamental error, that towns were so near to each other. 2. " The fruitfulness and commodiousness of Connecti cut, and the danger of having it possessed by others, Dutch or English. 3. " The strong bent of their spirits to remove thither." ^ In the two years before the emigrants led by Hooker had reached Connecticut, a considerable number of people must have gathered there ; for the General Court, September 3, 1635, ordered " That every town upon the Connecticut shall have liberty to choose their own constable, who shall be sworn by some magistrate of this Court ; " and on March 4 of the next year appointed a commission to order provisIonaUy for one year the affairs of the people there, and to call a court of the Inhabitants to execute the authority granted. When the powers of the Massachusetts commissioners expired, the people of the several 1 Palfrey, History of New England, i, 445. Dr. Palfrey finds other reasons than those assigned for their desire to remove to Connecticut ; and his views are adopted by Charles M. Andrews, Fellow in History, 1889-1890, Johns Hopkins University, in his monograph entitled The River Towns of Connecticut. It seems to me, however, that much which has not been said may with good reason be said on the other side. Under three heads, Mr. Andrews has admirably treated the Early Settlement, the Land System, and the Towns and the People of Connecticut. Mr, Andrews does not accept Professor Johnston's peculiar theory in respect to the Connecticut towns, and quotes judi cial decisions on the subject. THE NEW HISTORICAL SCHOOL 179 towns chose their successors, and held courts until the adoption of a constitution, January 14, 1639. A material fact to be noted Is that in all of the pro ceedings of the General Court of Massachusetts relat ing to the Connecticut settlers, they are spoken of as " our loving friends, neighbors, freemen, and mem bers of Newtown, Dorchester, Watertown, and other places, who are resolved to transport themselves and their estates unto the River of Connecticut, and there to reside and inhabit." No mention is made of any " migrating towns." I now return to Professor Johnston's narrative. He says : — " The independence of the town was a political fact which has colored the whole history of the Commonwealth, and, through it, of the United States. Even in Massachusetts, after the real beginning of the government, the town was subordinate to the colony ; and though the independence of the churches forced a considerable local freedom there, it was not so fundamental a fact as in Connecticut. Here the three original towns had in the beginning left common wealth control behind them when they left the parent colony. They had gone into the wilderness, each the only organized political power within its jurisdiction. Since their prototypes, the little tuns of the primeval German forest, there had been no such examples of the perfect capacity of the political cell — the ' town ' — for self-gov ernment. In Connecticut it was the towns that created the Commonwealth ; and the consequent federative idea has steadily influenced the colony and State alike. In Con necticut the governing principle, due to the original con.sti- tution of things rather than to the policy of the Common wealth, has been that the town is the residuary legatee of political power ; that it is the State which is called upon to make out a clear case for powers to which it lays claim ; 180 THE NEW HISTORICAL SCHOOL and that the towns have a, prima facie case in their favor wherever a doubt arises " (p. 61). With these extracts before us we can state more succinctly Professor Johnston's theory. He says, though somewhat vaguely, that towns came from the forests of Germany to England, and from England to Massachusetts Bay ; and, more distinctly, that three of them — Watertown, Newtown, and Dorchester, — as or ganized towns, migrated to Connecticut, and there in 1639 set up a commonwealth as the result of their joint corporate action : — that these towns, having created a commonwealth, became the pattern for towns in other commonwealths ; and so happily had their sys tem of confederated towns worked, and especially In relation to the commonwealth, that the Connecticut delegation in the Convention of 1787 were able to per suade that body to form the Constitution of the United States on the same basis, — the Senate, with Its equal and unalterable representation of sovereign States answering to the Independent Connecticut towns ; and the House of Representatives, elected by popular vote, answering to the Connecticut Council, elected in the same manner. Professor Johnston says : — " And this is so like the standard theory of the relations of the States to the federal government that it is neces sary to notice the peculiar exactness with which the relar tions of Connecticut towns to the Commonwealth are propor tioned to the relations of the Commonwealth to the United States. In other States, power runs from the State up wards and from the State downwards ; in Connecticut, the towns have always been to the Commonwealth as the Com monwealth to the Union. ... In this respect the life principle of the American Union may be traced straight back to the primitive union of the three little settlements THE NEW HISTORICAL SCHOOL 181 on the hank of the Connecticut River. ... It is hardly too much to say that the birth of the Constitution [of the United States] was merely the grafting of the Connecti cut system on the stock of the confederation, where it has grown into richer luxuriance than Hooker could ever have dreamed of" (pp. 62, 322). The fallacy of this scheme lies in his theory respect ing towns, — their existence independent of some sov ereign power. This leads, then, to an examination of the nature of towns. Three things seem necessary to constitute a town, — territory, population, and corporate existence. It must have definite territory with a certain per manency of tenure. A military company, a camp- meeting, or a tourist party — frequently more numer ous than the inhabitants of some towns — occupying territory for an Indefinite time and, it may be, observing many regulations which govern towns, nevertheless does not constitute a town. Nor does a migratory body of people such as is found In pastoral regions ; for when the Inhabitants of a town remove to another locality they do not take their town with them, though no town remains behind. Whether they go to a place within the same jurisdiction or to one outside of It, in either case on removal their corporate powers re vert to the state, and they become a voluntary organ ization unknown to the law and without rights before it. They are relegated to their natural rights. Again, the inhabitants of a town constitute a legal unit which, for certain purposes at least, absorbs the Individual ity of Its members. It is a corporation by express creation of the state, or has become such by prescrip tion ; and one of the tests of such a body-corporate Is its power to sue and its liabUity to be sued in its 182 THE NEW HISTORICAL SCHOOL corporate name. When, therefore, certain inhabitants of Watertown, Cambridge, and Dorchester migrated to Connecticut, even though they constituted the ma jor part of the inhabitants of those towns, and even though they had carried the town records and other evidences of their corporate existence along with them, which they did not, they went simply as a body of un organized people voluntarily associated for seeking a new residence. They did not take the towns along with them. After the migration the map showed no vacancies with asterisks referring to the margin, " Gone to Connecticut." They went, according to the act authorizing their going, as " divers of our loving friends, neighbors, freemen, and members of Newtown, Dorchester, Watertown, and other places ; " and they went under the government of commissioners author ized, not to create towns, but to exercise certain powers of state over them for the space of a year. So little is the foundation for Professor Johnston's as sumption " that three fuUy organized Massachusetts towns passed out of the jurisdiction of any common wealth, and proceeded to build up a commonwealth of their own " (p. 12). But were It possible and were It true that the three Massachusetts towns migrated as such, it Is neither true nor is it possible that they could have set up a commonwealth, though their people might have done so, and in fact did. Professor Johnston caUs the town the political cell from which the commonwealth was evolved. But a town can be the germ of nothing but a greater town ; never of a commonwealth. The rights and duties of towns are communal, and for such rights and duties they may provide; but even then THE NEW HISTORICAL SCHOOL 183 these powers are delegated, not inherent. The state may, and often does, attend to these matters. But the rights and duties of the state primarily concern sov ereignty, external relations, and general laws affect ing the inhabitants of aU the state. Some of these powers the state, for convenience, may delegate to the inhabitants of towns, such as the election of consta bles, who are officers of the state not of the town, and whose legal relations are to the state not to the town. On the other hand. It need not be denied that a town may be something more, and like the Hanse Towns become quallfiedly independent. But this is not in consequence of the development or extension of communal functions so as to include national func tions. It is by taking on new functions. Where these are exercised, it is not because they belong to the town or city In its corporate capacity, but because they are assumed by the people, and- their assumption is allowed by neighboring states ; and even then they owe a qualified allegiance to some sovereign, which is inconsistent with the idea of an absolutely independ ent commonwealth. If we look at the natural order of towns and com monwealths, it will appear that the latter is first. The primary question of government which concerns every community Is that of sovereignty. When this Is not denied, the question Is In abeyance ; nor does It prac ticaUy arise where communities, under a previously settled order of relations to the sovereign power, pro ceed at once to provide for their communal relations. And so we find that the first act of legislative bod ies is to provide for the safety of the body politic, and later for communal affairs. They first establish the state, and then erect towns.. Nor is this order ever 184 THE NEW HISTORICAL SCHOOL reversed. The genesis of the state is not from its parts, — confederated districts, towns, or counties, — - but from the sovereign people, who arrange them selves into towns and counties. The same is true of a confederacy of Independent states, whether monarchical or democratic; for be hind the resultant form of confederation are the people, who assent to the proposed relation. The genesis of American commonwealths Is histori cally clear. (1) They originated with mere adven turers for fishing, hunting, or trading, who without territorial ownership or by state authority established themselves on the coast. Among these, though with other views, must be Included the Pilgrims driven out of their course by adverse circumstances, as well as the first settlers of Rhode Island and Connecticut. (2) They originated with those who had purchased lands and obtained charters. (3) They were founded under proprietary governments. (4) They were founded as royal governments. In aU these cases we find that people first addressed themselves to their foreign relations and to the perfecting of their auto nomy. Neither towns nor town records appear until much later. Nor does it change the order of these re lations that the state simultaneously took upon itself the direction of communal as well as of general affairs. The town was not the primordial cell which developed into a state, but the state was the mother of her towns. Development is along the lines of original constitutions, and seldom or never passes over into a different genus. In accordance with this order, whUe the three Mas sachusetts towns of Watertown, Cambridge, and Dor chester, with their records and corporate powers and THE NEW HISTORICAL SCHOOL 185 muniments, remain where they were first settled, it Is true that a large number of their inhabitants, between 1634 and 1637, migrated to Connecticut and settled as communities In places now known as Hartford, Wind sor, and Wethersfield. They went as unorganized bod ies of people, by permission of the Bay Colony, which, for reasons stated in their commission, had assumed jurisdiction over that part of Connecticut — a fact recognized by the migrating parties. It is further true that these same people, — not in any corporate capacity, for that they lacked, — on the expiration of the Bay Colony commission, chose commissioners for themselves ; and In 1639, In the language of their own constitution, " We the Inhabitants and Residents of Windsor, Hartford, and Wethersfield ... do associ ate and conform ourselves to be as one Public State or Commonwealth." Such was the genesis of Con necticut. Towns had absolutely nothing to do with it. They did not even exist ; and It was not before 1639 that the unorganized communities which went from the Bay Colony were set up as corporations. Instead of being the creators of the commonwealth they were its offspring. From the commonwealth they derived all of their powers. Nor is their character In any essential respect changed — they are neither more nor less than towns — by the fact that the state, for the convenience of towns more widely separated from one another and removed from a common centre than were those In the Bay, chose to delegate a larger share of her authority to them than Massachusetts did to her towns. In both cases they derived aU their power from the state and conferred none upon it. Nor were they any more " little republics," or more Independent of state control than other towns In New 186 THE NEW HISTORICAL SCHOOL England, because In apportioning representation to the General Court town lines were used to express the territorial unit of representation. It would seem that Professor Johnston's theory of town sovereignty was adopted to lay the foundation for his fifth proposition, that In the Convention of 1787 the equal and unchangeable representation of the States in the Senate of the United States was based upon the Connecticut system of town representation. So far from this being probable, the fact Is that while the representation In the Senate of the United States was state or corporate representation, the representa tion In the General Assembly was not corporate repre sentation, but essentiaUy the representation of the people determined, not by corporate powers, but by town lines. We find nothing in the debates of the Convention of 1787 which warrants the view of Professor Johnston. Theories of government were discussed, constitutions of the several States were referred to, and some of their provisions, notably those of Massachusetts, were adopted; but the main features of the Constitution were determined by the necessities of the situation and the Interests of sections and of States, — as large or small, agricultural or commercial, slaveholding or non- slaveholdlng. The Connecticut delegation had great influence in the Convention, first, because Sherman, Johnson, and Ellsworth were very able men, and the only three very able men from any State who worked together ; and secondly, because Connecticut, being neither one of the largest nor one of the smallest States, held a posi tion of great influence as mediator between the two classes of States. THE GENESIS OF THE MASSACHUSETTS TOWN TAKEN FROM A DISCUSSION HELD BY CHARLES FRANCIS ADAMS, ABNER C. GOODELL, Jr., MELLEN CHAMBERLAIN, AND EDWARD CHANNING Reprinted from the Pkoceedings op the Massachusetts Historical Society, January, 1892 THE GENESIS OF THE MASSACHU SETTS TOWN Mr. Adams, in presenting his paper on the " Gene sis of the Massachusetts Town and the Development of Town-meeting Government," has told us that It was written as a chapter of his forthcoming History of Quincy ; and that he had sent copies of It to several gentlemen of the Society — to myself among others — with the request that at this meeting they would ex press their opinions respecting the conclusions which he had reached. This treatment of historical questions is a new de parture which, so far as It tends to bring about a con sensus of opinions, might be followed with advantage ; but In the present Instance, inasmuch as the matters contained in Mr. Adams's paper, as well as those in an earlier one to which he has referred, have been sub jects of correspondence between us, and as my general views have been presented to the Society in a paper entitled " The New Historical School," ^ there may be no good reason for my saying more than this, — that I regard Mr. Adams's paper as a valuable contribution to the literature of the subject, and in general that it accords with my own views. Nevertheless, before I sit down I may advert to the few points on which we appear to differ. 1 Massachusetts Historical Society Proceedings, series 2, v, 264. 190 GENESIS OF MASSACHUSETTS TOWN In the mean time I wish to say something about the parochial theory, which, though not new, is newly In teresting from the prominence given to it by the dis tinction of its recent advocates, among whom was Mr. Adams ; but as he has relieved the ship by throwing overboard the parish system as the most cumbersome and least valuable part of the cargo, advised and as sisted therein somewhat, as he frankly teUs us, by one or two of the passengers who had made the voyage, some explanation of the reasons which influenced them seems due at this time. The origin of the New England towns Is not a new question. It has been discussed at home and abroad by those whose training and predilection for historical questions qualified them for such Investigations. I propose, therefore, to mention those which have come under my eye, and have aided me In forming the con clusion that these towns were of domestic and secular origin, owing little to English models, and least of all to English parishes. In 1845 Richard Frothingham,^ as the result of his investigations, said that " England did not furnish an example of New England town government ; " and this seems to have remained his opinion twenty-five years later.^ In 1857 Mr. Justice Gray of the Supreme Court of the United States, then reporter of the decisions of the Supreme Court of Massachusetts, In notes to the case of Commonwealth vs. Roxbury ^ treated one phase of the question with great thoroughness and ability. In 1865 Joel Parker, formerly Chief Justice of New ^ History of Charlestown, 49, ^ Proceedings of the American Antiquarian Society, October, 1870, * 9 Gray's Reports, 451, GENESIS OF MASSACHUSETTS TOWN 191 Hampshire, then professor in the Law School at Cam bridge, with wider scope inquired Into "The Origin, Organization, and Influence of the Towns of New Eng land." ^ Having myself some years ago and again quite recently gone over the same ground in original authorities, and without reference to his work, I find that I am In accord with Professor Parker's views ; and were it otherwise, I should venture dissent only on the clearest grounds, and with the consensus of those on whose judgment I could safely rely. For his paper in substance, though not in form, Is the judicial opinion of one whose practice as a leading lawyer at an able bar or as judge in the highest legal tribunal of his State led him to explore the origin of New Eng land towns with the thoroughness and accuracy re quired by his great responsibility. I have also read Mr. Melville Egleston's " The Land System of the New England Colonies," which seems to me an admirable piece of work ; and not less admirable and with wider range are the papers of Mr. Charles M. Andrews, now professor In Bryn Mawr College, on "The River Towns of Connecticut,"^ "The Beginning of the Connecticut Towns," ^ and " The Theory of the ViUage Community." * Mr. Wil liam E. Foster, of Providence, an accomplished writer on historical subjects, has published a valuable paper on " Town Government in Rhode Island." ^ Either ' Massachusetts Historical Society Proceedings, ix, 14, ^ Johns Hopkins University Studies in Historical and Political Science, 1889, ^ Annals of the American Academy of Political and Social Science, October, 1890. * Papers ofthe American Historical Association, y. 47, ^ Johns Hopkins University Studies in Historical and Political Science, 1886. 192 GENESIS OF MASSACHUSETTS TOWN to mention or to commend in this presence " The Origin of Towns in Massachusetts," by our learned associate Mr. Goodell,^ would be equally superfluous. The opinion of Professor Parker, that New Eng land towns were essentially indigenous, has been questioned, sometimes directly and sometimes indi rectly, by the New Historical School, In which Pro fessor H. B. Adams, the late Professor Johnston, Professor John Fiske, and our associate Professor Edward Channing, are leaders ; and therefore after some hesitation I have concluded to review, though not exhaustively, the origin of New England towns. Mr. Adams's thoroughgoing paper makes It unneces sary for me to go over the whole ground. There are at least three theories In respect to them. First, that they were native to the soil, and planted by English emigrants with the instincts, traditions, and methods of their race, but controlled, neverthe less, by their charters, patents, or royal commissions, and the conditions of situation utterly unlike those which surrounded them in England. Second, that they were copies of English proto types, as those were of German, and these, again, of those in remote regions Inhabited by the Aryan race ; and that certain resemblances common to all are specific and conscious imitations rather than those forms and modes of action which arise spontaneously in all ages and everywhere when men gather in per manent bodies as vlUage communities or as organized municipalities. One of the most distinguished of those who have adopted this theory and pushed It to its extreme limits was Professor Johnston, who claimed that towns — not companies of men merely, ^ Massachusetts Historical Society Proceedings, series 2, v, 320, GENESIS OF MASSACHUSETTS TOWN 193 but organized towns — migrated from England to Massachusetts Bay and thence to Connecticut.^ 1 In the paper on " The New Historical School " above referred to, I said that in the cargoes shipped hy oar ancestors to Massachusetts Bay no such thing as a town was to be found ; and this I hear has been regarded as a denial of what no one ever thought of asserting, I had in mind the following paragraph in Professor Johnston's The United States : Its History and Constitution, 10 : " In New England local organization was q[uite different, A good example is the town of Dorchester, Organized (March 20, 1630) in Plymouth, England, when its people were on the point of embarkation for America, it took the shape of a distinct town and church before they went on shipboard. Its civil and ecclesiastical organizations were complete before tliey landed in Massachusetts Bay, and came under the juris diction of a chartered company. Its people governed themselves in all but a few points, in which the colony asserted its superiority. As the colony's claims increased, the town's dissatisfaction increased. In l(i35 the town migrated in a body, with its civil aud ecclesiastical or ganizations still intact, into the vacant territory of Connecticut, and there became the town of Windsor," This is what had been asserted, and this is what I denied, — that a town came over with Winthrop's fleet in 1630, The sole foundation for the assertion, so far as I am aware, is the following passage from Blake's Annals of Dorchester, 7, amplified somewhat from a similar passage in Clap's Memoirs in Young's Chronicles of Massachusetts Bay, 347 : " These good People [those who came to Dorchester with Maverick and Warham] met to gether at Plymouth, a Sea-port Town in y** S*^ County of Devon, in order to Ship themselves & Families for New-England ; and because they designed to live together after they should arrive here, they met together in the New Hospital in Plymouth and Associated into Church Fellowship, and Chose y' S^ Mr. Maverick and Mr, Warham to be their Ministers and Officers, keeping y'^ Day as a Day of Solemn Fasting & Prayer, and y' S'^ Ministers accepted of y^ Call & Ex pressed y^ same," From this it seems to have been inferred that cer tain persons who met at Plymouth, in England, with the intention of going to Massachusetts Bay, by forming a church and choosing church officers and expressing their purpose to live together on reach ing New Engliind, thereby became a body politic, civil and ecclesias tical, at Dorchester, Massachusetts, without having acquired that char acter by prescription or by incorporation under the charter. So far as this assumption applies to the town, it does not require serious refutation ; nor am I sure that it is better founded in respect to the church. The simplest idea of a church is that of a body of people 194 GENESIS OF MASSACHUSETTS TOWN Third, is the theory which, while it denies or is silent in respect to the Germanic origin of New Eng land towns, claims that they are essentially reproduc tions of the English parish, and their procedure that of the English vestry. The late Kev. Mr. Barry, if not to the fullest extent of this theory, goes very far when he says: "The idea of the formation of such associated tog-ether -with a common belief, having power to admit and reject memhers, and to discipline them on charges which if not proven might be actionable with damages, except for the immunity accorded such bodies by the law of the place. That such a body can exist proprio vigore without the permission, expressed or implied, of the civil power, is, I confess, utterly at variance with my ideas on the subject. Had it been so, what would have prevented any like num ber of Baptists, Church of England men, or Roman Catholics having right to allotments of lands under the Company, from forming them selves into churches and transporting themselves to Massachusetts Bay, with ecclesiastical rights and privileges in spite of the Puritan church ? How the far less pretentious claims of tbe Episcopal Brownes were met by Endicott and his Council is matter of history ; and how the General Court regarded such voluntary associations even by those whose theological tenets and church forms were unexception able, may be learned from the following order of the General Court, March 3, 1636 : " Forasmuch as it hath been found by sad experience, that much trouble and disturbance hath happened both to the church and civil state by the officers and members of some churches, which have been gathered within the limiis of this jurisdiction in an undue manner, and not with such public approbation as were meet, it is therefore ordered that all persons are to take notice that this Court doth not, nor will hereafter, approve of any such companies of men as shall henceforth join in any pretended way of church fellowship, without they shall first acquaint the magistrates, and the elders of the greater part of the churches in this jurisdiction, with their inten tions, and have their approbation herein " upon pain of being excluded from admission as freemen. — 1 Colonial Records, 168. I do not propose to discuss this theory further than I have already done in " The New Historical School," chiefly because, if not given up, it has at least been greatly shaken in late years ; but partly because its critical examination leads me into fields with which I am not alto gether familiar, and from which those who are, bring back widely different and inconsistent reports. GENESIS OF MASSACHUSETTS TOWN 195 communities [towns] was probably derived from the parishes of England ; for each town was a parish, and each as It was incorporated was required to contri bute to the maintenance of the ministry, as the basis of Its grants of municipal rights." ^ Professor Fiske puts it unequivocally that the town government in New England " was simply the Eng lish parish government brought Into a new country and adapted to the new situation." ^ If there be any doubt how far our learned associate Dr. Edward Channing accepts this theory in his " Town and County Government," he is here to re solve it if he so chooses. I have read these authorities with the attention due to the subject, and with the respect commanded by the learning and ability of the writers ; but if they mean more than this, that the aptitude of the English race for government Is greater than that of the Latin and Celtic races, chiefly by reason of Its experience In legislative bodies, among which may be reckoned English town-meetings and parish vestries, then I must dissent for reasons which I now proceed to give. But first let us confront these theories with the phenomena of admitted facts in regard to the origin of New England towns. The sporadic settlements In New England which ultimately became colonies, or towns within them, were not made on territory under the acknowledged jurisdiction of any sovereign authority capable of instant and effective protection in case of assault ; but 1 History of Massachusetts, i. 215, 2 Civil Government in the United States, 39, 41, 42, And see other references by Mr. Adams to the Memorial History of Boston, i. 406, 427, and Brooks Adams's Emancipation of Massachusetts, 26. 196 GENESIS OF MASSACHUSETTS TOWN on the contrary, proprietorship and jurisdiction were claimed, on the one hand, by Indian tribes, and on the other, by the French with whom the English were chronically at war. This fact lay at the foundation of origins, and had a formative influence upon de velopments from them, since it forced the settlers, whether families like those of Maverick at Winnisim- met, Blackstone at Boston, and Walford at Charles town, or groups like those at Falmouth and Saco In Maine, and Portsmouth, Exeter, and Dover In New Hampshire, and Plymouth, Salem, Boston, Groton, Haverhill, Deerfield, Springfield, and Northfield In Massachusetts, and Providence, Portsmouth, New port, and Warwick In Rhode Island, and Hartford, Wethersfield, and Windsor In Connecticut, to post pone communal affairs, such as roads, local police, care of the poor and schools, to affairs of state, such as war and peace, limits of territory, jurisdiction and defence. Each of these towns was the possible centre of an Independent colony ; and five of them (Exeter, Boston, Plymouth, Providence, and Hartford) be came such. This phenomenon in the origin of New England towns may not be unique ; but to find anything like it In the Old World, we must run back Into the remote past until we meet a case where people leav ing the protection of a settled government sought a region foreign and remote ; and there, first asserting and maintaining Independent statehood,^ finally rele- ^ To this fact of statehood common in the history of so many of the early towns, I think is largely due that spirit of independence, as little repubUcs, which sometimes asserted itself even against the paramount government, but was always finally reduced to due subordination. The mistake has been made of regarding this spirit of independence — a survival from earlier days — as an ultimate fact of political inde- GENESIS OF MASSACHUSETTS TOWN 197 gated themselves or were relegated into subordinate communities, from which they developed into corpo rate bodies having essential resemblance to those New England towns which have attracted attention on both sides of the water, as something the precise like of which does not appear In recorded history. The next phenomenon, though not peculiar to New England towns. Is this, — that between their coming together either subject to some paramount govern ment or living independent of any such government and their final incorporation as bodies politic, these village communities exercised certain rights and per formed certain duties not unlike those which after ward appertained to them as incorporated towns. By common consent. It would seem, they divided some lands among themselves and held other lands for common use, either for wood or pasturage, and in both cases assuming corporate ownership so far at least as to make good title in the allottees. They also provided in respect to those communal necessi ties which, few and simple at first, Increase with the growth of village communities. Nor is it unlikely, but on the contrary It Is most likely, that for better understanding of their common Interests they came together in assemblies, chose a chairman, appointed committees, and delegated certain powers to a select number of their body, just as they had done in their pendence in later days, Nothing can he further from the truth. Towns were sometimes obliged to assume the duties of the state, and on the other hand, the state not infrequently discharged communal offices ; but when their character as state or town was ultimately de termined, each was relegated to its own proper functions. All the powers and the very existence of towns are derived from the state. At any time it may unite or divide them, enlarge or diminish theip powers, or even take them away altogether. 198 GENESIS OF MASSACHUSETTS TOWN English parish vestries, and for that matter as reason able people in all nations and In all ages have done and must still continue to do. In the absence of records, the facts of this stage of communal life are conjectural rather than determinate. From their later records, however, we learn some things which they did, but little as to the precise mode of doing them. This experience doubtless had great Influence in shaping the form, determining the character, and regulating the conduct of towns after they became incorporated bodies ; and Indeed, I think that the later definition of their powers and duties by the state was mainly in confirmation of what had come to pass from the nature of things and their circumstances. The third phenomenon is the erection of these com munities into bodies politic by incorporation, not as units of the sovereign state,^ but as dependent bodies owing their corporate existence and exercising all their delegated functions In strict subordination to the paramount power. The last phenomenon presented by New England towns to which I shall advert is the promulgation by Massachusetts as early as 1636 of their rights, powers, and duties, with a completeness and precision to which the advanced civilization of two and a half centuries has found little to add. Of course new in- ^ I cannot regard towns as units of the state, as some do, I do not see that the mere aggregation of like things produces an unlike thing, as that several hundreds of towns of derived and limited powers con stitute a state of sovereign powers, or that a hundred copper cents can be constituent units of a gold dollar, or, in fine, that species by com bination can form a new genus, I prefer to regard the state as an aggregation in a body politic of those units capable of formino- a state, — the duly qualified inhabitants thereof, upon whom in the last analysis, monarchies and even despotisms, as well as republics rest. GENESIS OF MASSACHUSETTS TOWN 199 stances and new applications of communal powers and duties have arisen, and others doubtless will arise In the future ; but the principle — that of incorporation for communal purposes — remains the same as it was in the beginning. I now proceed to consider the attempt to affiliate New England towns upon the English parish. We all know what a New England town is to-day, — its organization, the source of its powers and privi leges, and under what sanction It performs Its duties. But what an English town or an English parish Is, — what their several jurisdictions, powers, rights, duties, and relations to each other and to the sovereign authority are, — It Is not easy to say with precision. Their origins reach back to a remote and clouded an tiquity, and they are what they are, not by written laws, but by growth, prescription, and specially granted privileges, so varied and anomalous that any definition of them has almost as many exceptions as there are cases Included in it. There is another impediment to the successful in vestigation of English institutional origins. With us, in respect to our own, such questions excite no feeling more poignant than a rational curiosity as to the truth of history ; but with our English brethren simi lar questions are burning questions. Involving in their settlement either way not only the sacrifice of deeply seated political and ecclesiastical prejudices, but also Important political and pecuniary Interests. Hence In the discussion of them, as In a lawyer's brief, authorities which make for one side are set forth with fullness, while those which make for the other side are too frequently suppressed or slurred over.^ ^ In his History of Representative Government, Guizot has no- 200 GENESIS OF MASSACHUSETTS TOWN In England, time out of mind, there has been con tention between those who, on the one hand, would retain within parish control not only the prudentials of the church, but also the maintenance of roads, the care of the poor, etc. ; and those, on the other hand, who would withdraw from an essentially ecclesiastical body like the parish the care of matters purely secu lar, and intrust the direction of them to that civil cor porate body known as the town. This contention ar rays people Into parties : one claiming that since, in the order of institution, the towns antedate the church and Include the great body of qualified Inhabitants, by fair right they should control those secular inter ests which belong to municipal bodies ; and the other, denying the premises, and asserting that the parish is not only the older institution but that It Is and always has been a secular institution, demand that its control of secular affairs be continued. And so this historical question becomes an econo mic question upon the settlement of which depends the patronage of office and the disbursement of the large sums annually expended in municipal affairs, — whether they should be open to the whole body of qualified Inhabitants of the town, or continue as they have been, in the management of the parish, which, though composed mainly of the same persons as the town. Is nevertheless by Its possession of machinery essentially ecclesiastical, and, under the Influence of ecclesiastics beyond popular control, confines to a few persons rights and duties which belong to all. ticed the influence of political predilection in shaping the argument and determining the conclusion both of Whigs and Tories the former in support of popularizing parliamentary representation, claim ing for it a remote antiquity ; and the Tories, always wiUing to re strict popular privileges, asserting that everything which sustains these privileges was a late innovation. GENESIS OF MASSACHUSETTS TOWN 201 On any question of English local history fairly treated, I defer to the English decision of It, however at variance with any opinion I have drawn of original authorities ; for I am aware that an American must mainly read those authorities along the lines, and that only a native Is privileged to read between the lines, where the truest part of history is always to be found. But I am not willing to accept any history, foreign or domestic, written to serve a party or an Interest ; and such, after careful examination, I think is Toul- mln Smith's " The Parish," greatly relied on by those who find the origin of New England towns in the English parish of the seventeenth century. Toulmin Smith claims that the parish antedates the town ; that Its origin and functions were secular, not ecclesiastical, but that this secular body had drawn to itself certain ecclesiastical functions ; to all this Is op posed authority equally high, at least, and the mani fest tendency of ecclesiastical power everywhere and In all ages to usurp secular powers. Brande ^ says that " In the earliest ages of the church, the parochia was the district placed under the superintendence of the bishop, and was equivalent to the diocese ; . . . But although parishes were ori ginally ecclesiastical divisions, they may now be more properly considered as coming under the class of civil divisions." A late writer whose work^ Is commended by our associate Dr. Channing, as " the best descrip tion of the English parish at the present day," says : " Though In Its origin the parish was probably framed upon the old township. It soon became a purely eccle- ^ Dictionary of Science, Literature, and Art, title " Parish." 2 Elliot's The State and the Church, p, 55. 202 GENESIS OF MASSACHUSETTS TOWN slastlcal division, and the permanent officers were ecclesiastics also. The church-wardens, with the par ishioners In vestry assembled, presided over by the clergyman, managed the affairs and administered the parochial funds. Gradually the tendency increased to treat the parish, for purposes of local administra tion, as a unit as well as an ecclesiastical division ; and it in particular acquired statutory authority to impose rates to provide for Its poor and to elect offi cers to collect and administer the funds belonging to It ; whilst on the parish from the earliest times the old common law had always imposed the duty of main taining and repairing the public roads." But against all this Toulmin Smith contends,^ that the parish Is an essential part of the fabric of the state ; that its original and main work and functions were secular ; that those who seek to represent these as being ecclesiastical are truly, though without al ways intending it, enemies both to the religious and civil Institutions of the country ; ^ that the parish was made for the administration of justice, keeping the peace, collection of taxes, and the other purposes incidental to civil government and local well-being ; that ecclesiastical authorities are very anxious to make it appear that parishes took their rise from ecclesias tical arrangements ; that ecclesiastics no sooner be came established in parishes than they endeavored to make their authority paramount ; that the old mean ing of the word town was simply what we now call parish, and that in country churchyards, In parishes where there has never been any town In the modern 1 The Parish, pp, 11, 12, 15, 23, 26, 33, " This and similar passages, I think, justify me in calling his work a partisan affair. GENESIS OF MASSACHUSETTS TOWN 203 sense, inscriptions will be found, both of old and re cent date, naming the parish, township, or otherwise, as the town.^ Now, whatever may be the truth in this conflict of authorities respecting the nature of towns and parishes before 1600 or after 1630, It would be much to our purpose If we could learn what the parish was between those dates ; for then the education, character, and prejudices of those who were to make New England towns were mainly formed by their participation in English parish affairs. What, then, during these formative years was there In the conduct of English parishes that would predispose our towns to accept or to reject them with their vestry system of administra tion, as models of their town organizations and the conduct of their town-meetings ? This question may be answered in part by a quota tion from Toulmin Smith's book : " One of the most daring and Insidious of ecclesiastical encroachments has been the attempt to interfere with the election of 1 It is by such argument as this that Toulmin Smith endeavors to prove the legal identity of the corporations in England known as towns and parishes ; and to the same effect I have found, under some mislaid reference, the following : " Memorandum that this year 1581, by the consent of the parish of Stowmarket there was grant made to two persons of the ground commonly called the town ground of Stow market for the term of three years paying to the church-warden , , . and the town further do condition, etc. ; " from which another writer infers that the town and parish were interchangeable names of the same body. In that case we should have the parish (that is, the town) consenting to a lease made by the town (that is, the parish) ; or, in other words, the town makes a lease, and then the town con sents to its own act, which is absurd. The real transaction seems to have been this : the town, one corporation and owner in fee, makes a lease of the " town ground ; " and the parish, another corporation, having some interest in that ground, for a valuable consideration paid to the church-wardens, the parish representatives, consents to the lease, thereby giving a clear title. 204 GENESIS OF MASSACHUSETTS TOWN church-wardens, and to take the election of one of them out of the hands of the 'temporal estate,' and make the ofiice the donative of the parson. This attempt was made by certain ecclesiastical canons adopted by Convocation In 1603." ^ This was one of the one hundred and forty-one articles of the Book of Canons which passed both houses of Convocation in May, 1603, and was ratified by the king, but was afterward declared by the courts to bind only the clergy, not having been confirmed by act of Parlia ment ; ^ but long before this it had done its Intended repressive work upon the Puritans, against whom it was chiefly aimed. Besides the article already quoted, designed to enlarge the power of the established clergy In parish affairs, were others respecting parish clerks. Among the duties of the parish were the repairs of the church edifice ; and under cover of this. Laud, some years later, caused the restoration of those paintings and relics of superstition and idolatry, as the Puritans thought them, which had been destroyed after the Eeformatlon.^ And In general, the parish vestry, sometimes legally and sometimes otherwise, and always by the power and influence of Its officers, became an effective instrument in the enforcement of those cruel measures which caused so much suffering to the Puritans, and finally drove them into exile in New England. This, surely, was not precisely the education, training, and personal experience which would cause them to become so enamored of the par ish system as to make It the model of their Massachu setts towns. 1 The Parish, 291. 2 Neal's History ofthe Puritans, ii, 57. 8 Ibid. 240, GENESIS OF MASSACHUSETTS TOWN 206 After the Reformation an English church with its parish vestry performed a function of the English government, and Its foundation was In the constitu tion. A local church was part of a system co-exten sive with England, recognizing no superior, no equal,. no other. The creed, ritual, liturgy, and discipline of one church were those of every other established church ; and all were ordained or sanctioned by Parliament, — a secular, not a spiritual body. Its ministers, each of whom was a corporation, were not chosen by the local church or parish, but on presentation of the patron in whom that right was private property subject to sale or mortgage, and who was not infrequently influenced by most unworthy motives, were instituted by the bishops of the diocese ; and their support was not by voluntary contributions of the people, but mainly by tithes exacted from them under parliamentary laws. Its secular or prudential affairs were managed by the vestry, whose powers, enlarged sometimes by law and sometimes by ecclesiastical usurpations, had come to Include matters having no relation to religion. That the high-churchmen who settled Virginia should adopt this system, as they did, would ac cord with the fitness of things; but that Puritans should do so was not likely nor in accordance with the facts. For the Puritans who came to Massachusetts Bay were in revolt against both sides of the system ; and no sooner had they reached Salem than they swept away every vestige of it. And not long after Endi cott, as has been said, shipped the Brownes back to England for openly expressing what non-conformists 206 GENESIS OF MASSACHUSETTS TOWN had professed, — loyalty and love for the Church of England. So wide and profound was the change they had undergone since leaving their native shores, that those who had been non-conforming Puritans In Eng land became Independents in Massachusetts Bay, and ever after, In creed, discipline, and church order, were in no essential respect distinguishable from the Sepa ratists at Plymouth. What, then, was the independency which Winthrop and his people set up, and whence came it? The Puritan church system established on New England soil, regarded either as a protest against the Arminian tendencies of the English Church, or as a mode of ecclesiastical government having relations to civil society, was an exotic brought from Geneva to Eng land, and thence to New England. The Church of England, at the time of the great emigration, was led by the Arminian Laud ; the Puritan Church of New England embraced the creed of Calvin as interpreted and enforced by the Synod of Dort. The Church of England was dominated by a hierarchy to which the churches in every parish In England were in subjec tion. A Genevan church chose Its own creed, estab lished Its own discipline and order of worship, called its own pastor and supported him by voluntary con tributions. It was this simple Genevan system which the refu gees from persecution in the days of Mary brought back on their return from the Continent In the days of Elizabeth and James; and it was this Genevan system, theological and ecclesiastical, which Elizabeth and James and Charles sought to crush by all the powers of government, civil and ecclesiastical ; and It was from the persecution brought on by the conflict GENESIS OF MASSACHUSETTS TOWN 207 between the two systems that they fled to New Eng land ; nor did It cease even there.^ They fled from the Arminian Laud ; what likeli hood of their bringing Arminlanism to Boston ? They fled from ecclesiastical exactions countenanced, and in some particulars enforced, by the Church of Eng land vestry and parish authorities ; what greater like lihood of their choosing an English parish as the model of a New England town? Of course, in both systems — that which they left behind and that which they built up in their new homes — there was one common factor, an English man ; an Englishman with the instincts, traditions, and habits of his race, — - a race averse indeed to new methods and Inclined to old methods, but, neverthe less, never allowing them to stand long in the way of needed reforms or to impede the course of essential justice, as Strafford with the law on his side found, and Charles I. with the constitution on his side, and as did James II. when a convention assumed the powers of Parliament and changed the succession to the crown against the claim of divine right and es tablished order. The Puritans were Englishmen In England ; they were no more and no less than English men in Boston Bay. We need not be surprised, therefore, nor draw any unwarranted conclusions ^ The influences which prompted the movement of Laud in 1 634 to overthrow the Massachusetts charter may be gathered from Thomas Morton's letter written from England, in May, 1634, to WUliam Jef freys in Massachusetts ; ' ' which shows what opinion is held amongst them [their lordships] of King Winthrop with all his inventions and his Amsterdam fantastical ordinances, his preachings, marriages, and other abusive ceremonies, which do exemplify his detestation to the Church of England and the contempt of his Majesty's authority and wholesome laws, which are and will be established in these parts, invitci MinervS.." (New English Canaan, Prince Society ed, 63,) 208 GENESIS OF MASSACHUSETTS TOWN from the fact that in their new homes they did some things after the old fashion. And because New England towns Issued warrants and posted notices for town-meetings, and chose chair men and conducted business precisely as they had done In English towns or vestries, and as civilized people everywhere do, it does not follow that they modeled their towns to the pattern of an English parish. What are the essentials of the two systems respec tively ? In the English system the Church of Eng land, with its associated parish, was a constituent part of the English government, aud Its bishops were an estate In the realm. In Massachusetts, on the con trary, neither religion nor ecclesiasticism was a con stituent in the constitution, — the charter of a land company. Both were functions assumed by the Gen eral Court, and were ultimately lopped off with no remaining scar. However Influential the clergy may have been, — and their Influence can hardly be over estimated, — they had neither place Iiftcjovernment, nor summons to the General Court, nl^' voice there unless asked, and no more political pojver iu th^ affairs of state, town, or church than other freemen. Nor was their loss of comparative inffuence in later days by reason of their elimination from the cc titutlon: they were never In It. ich.*' -i^ What has been said of the clergy r^ri oe said of the church. It had no part In tt t^government, general or local. It sent no delegates to either house, and even Its own synods were held only by express permission of the General Court. Of the forces formative of a constitution, that Is the most original and dominating which longest survives. GENESIS OF MASSACHUSETTS TOWN 209 The potent has permanence ; the non-essential falls away. And so In New England towns to-day the full current of their democratic life-blood flows without a strain from the veins of that composite ecclesiastical, hierarchical, and civil body known as the English par ish. Even Its name must have been distasteful ; for it was sedulously avoided by people and legislators for fifty years or more, and then came Into use with pre cinct and district, chiefly to describe a part of a town set off to form another religious society. ^ For the foregoing reasons I am not in accord with those who trace the origin of New England towns to English parishes or find essential resemblances be tween them, 2 1 The relation of the town to the church within it came to be, out side of Boston, the same as that of the modern religious society to the church with which it is connected ; that is, it buUt and kept in repair the church edifice, and its consent was necessary to the settlement of a minister nominated by the church, and it determined the amount of his salary to be levied on the taxable persons and estates within the town. All these matters were transacted in town-meeting duly called, and record thereof entered by the town clerk. When a town was found too large, or its inhabitants too numerous to be accommodated in a single church, or for other sufficient reason, it was divided terri torially to form a second church. This second church, like the first, in its secular affairs was based on the taxable persons and estates within its limits ; and the new religious society was called the second parish, district, or precinct, — precinct being, I think, its legal desig nation. This new precinct was a quasi corporation for religious pur poses, and, like the town, required a clerk to keep its records, and assessors and collectors. Its powers and duties were defined by sta tute ; and we then begin to hear the word " parish," • — a survival, and the only survival I find of the English parish, — in common use as the most convenient designation of the new division, 2 In this investigation I have not been unmindful of the danger which lurks in general statements of facts, or in conclusions from them in respect to the complicated and anomalous nature of English towns and parishes at different times and in different parts of England, Though I believe I have good authority for every statement I have made, yet when I see that English specialists on the subject differ so 210 GENESIS OF MASSACHUSETTS TOWN In the development of the autonomy of the New England colonies there were three distinct forces aside from soil, climate, and situation, all acting toward a common end and dominated In a sense before unusual by a common public sentiment, which formed the at mosphere out of which neither could have lived and done its appointed work. These were the state, the town, and the church ; and these three, though in some sense distinct, were not three states, but one state, since the fundamental idea of a state implies Its unity, however Its powers are distributed or by what ever agencies its functions are executed. Yet they were distinct In this sense : they were organizations, not merely several collections of individuals perform ing certain functions of government. They were cor porate bodies, each having a life of its own, but all working together for the common welfare. The powers of neither were inherent. The state derived Its powers from the crown ; and the town and church theirs severally from the state. I find, as I think, that the Puritan state and town on New England soil were essentially indigenous, and their development the outcome of life under the new conditions. The charter of Massachusetts, it is true, was of English origin and with English definition of its powers ; but from Its start on Massachusetts soil it swiftly developed from a land company Into a gov- widely among themselves, notwithstanding their opportunities for local study, and aided as they are by traditions and other sources of infor mation not accessible to non-residents, I cannot hope to have avoided errors. It may be observed, however, that if any historical question is to be settled on general facts, — by the trend of the stream rather than by its occasional windings and retrogressions, — it is the one be fore us, in respect to which strong probabilities have a, determinative force when the facts are disputed. GENESIS OF MASSACHUSETTS TOWN 211 ernment proper, exercising the powers and functions of sovereignty with only nominal subjection to the parent state ; and New England towns in like man ner developed their autonomies with slight reference to their English analogues, but mainly under the in fluence of the new government, and entirely in its spirit, — that of a new departure in a new world. The very settlement and permanence of New Eng land were due to influences not at all in accord with the economic or political motives which before had led to the formation of colonies with the permission of the parent state. It was religion, but not the church, — religion in the life of individuals, not religion as a cor porate power. To it, as such, the colonists accorded no independent place In their system, but held it In strict subordination to the civil power. Thus Massachusetts, in some respects unique in the motives which led to Its settlement and original in transforming its land-company charter Into a frame of general government, ordered the founding and char acter of its towns, churches, and other institutions on the basis of an Independent commonwealth. But It is the origin of her towns with which I am mainly concerned. It Is not always easy to fix the beginning or the end of an Institution. We may observe. Indeed, when its sun rises and when it sets ; but where begins Its dawn or when its twilight ends is quite another mat ter, and not amenable to exact definition. And so is it In respect to Massachusetts towns. If we refer their origin to the first enumeration of their powers, our search ends with the often quoted ordinance of the General Court, March 3, 1636 ;i if to their 1 Massachusetts Records, i, 172. 212 GENESIS OF MASSACHUSETTS TOWN power and liability to sue and be sued, then with the statute of 1694 ; or If to their formal Incorporation as bodies politic, then only with a search for nearly two hundred aud fifty years, ending with the statute of 1785. The period of uncertain twilight, therefore, is between the possible unrecorded action of Endicott and his Council after the arrival of the charter at Salem in 1628 and the ordinance of 1636 above referred to ; and this period I shall now attempt to explore with such lights as are afforded. Of the several attempts to form settlements along the New England coast prior to 1628 apart from Plymouth, that at Sagadahoc, in 1607, was a total fail ure ; those of Weston, Gorges, Morton, and Wollas- ton, in or about Weymouth and Quincy, between 1622 and 1625, came to naught ; and those In New Hampshire, by Thompson at Little Harbor and the Hiltons at Dover, In 1623, after a sickly existence for some years, were brought under the Massachusetts jurisdiction In 1641, and so remained until their for mation into a royal government, July 10, 1679, These enterprises did not stand the strain of labor, want, and sacrifice. A few individuals with their families, as Maverick at Winnisimmet, Blackstone at Boston, and W^al- ford at Charlestown, — probably survivals of wrecked companies, — maintained Isolated plantations ; but the largest company of Englishmen north of Plym outh were the remnants of those who, under the direction of English capitalists, between 1623 and 1626 had undertaken to form a plantation In connec tion with the fisheries at Cape Ann, from which they removed to Salem. GENESIS OF MASSACHUSETTS TOWN 218 This settlement, for some time under the care of Roger Conant, became the basis of the Massachusetts Bay Colony ; and those interested In It — chiefly West England people, — reinforced by London capitalists in 1627, obtained from the Council of New England a grant of land, March 19, 1628, which Included the greater part of Massachusetts as now bounded, and, June 20 of the same year, sent over John Endicott as governor, who reached Salem on September 6 follow ing. The next year, March 4, 1629, the king granted them a charter. This, it Is to be remembered, was a land company formed as a business enterprise, whose policy deter mined the nature of the first settlement, and finally the character of the Massachusetts towns. Their plan contemplated the building of one central town capa ble of defense against foreign foes, and so regulated that while it allowed the planting of other towns in due time, it would nevertheless present an unbroken front to Indian hostilities such as had devastated Vir- glnla,! and threatened the sporadic settlers at Winni simmet. This also ought to be remembered, — that when Winthrop and the East England Puritans, in the autumn of 1629, embarked their fortunes In the enterprise, it assumed a more distinctively religious character which did much to shape the character of New England. For while the Company from the first — greatly influenced, doubtless, by the very rev erend and truly pious John White of Dorchester, by 1 " Be not too confident of the fidelity of the salvages , . , Our countrymen have suffered by their too much confidence in Virginia." — Cradock to Endicott, February 16, 1829, Young's Chronicles of Massa chusetts Bay, 136. 214 GENESIS OF MASSACHUSETTS TOWN some regarded as the real father of New England — provided'for the conversion of the Indians,' Winthrop and his associates seem to have contemplated the grander scheme of a commonwealth in church as well as in state. As I have said, Endicott arrived at Salem early in September, 1628, and as governor Immediately took charge of the plantation. Before setting sail for his government he was doubtless Instructed as to his powers and duties ; but these instructions. If ever reduced to writing, have not been preserved. We may assume, however, that they were in accord with those sent over to him In letters under date of Febru ary 16, April 17, and May 28 of the next year, 1629, and the accompanying ordinances. A resume of these powers and duties In respect to matters now In hand will give some Idea of the influ ences which Endicott brought to bear In forming the character of towns and churches before the coming of Winthrop, and throw light upon proceedings after that event, where the records are silent. On April 30, 1629, the General Court In England declared its Intention " to settle and establish an abso lute government at our plantation " in Massachusetts Bay, and In pursuance thereof elected Endicott (who had been at Salem nearly eight months) governor ; and he received a duplicate of the charter, and the seal of the Company. With his council he had full legislative and executive powers consistent with the charter and not contrary to the laws of Ens;land ; could seize and hold the lands claimed by Oldham 1 " And we trust you will not be unmindful of the main end of your plantation, by endeavoring to bring the Indians to the knowledge of the Gospel," — Cradock to Endicott, ut supra, 133. GENESIS OF MASSACHUSETTS TOWN 216 under the Gorges patent and expel Intruders thereon ; could set up a government there and build a town and choose a minister for It ; arrange with the old planters in respect to the lands they occupied, allot lands and convey them by the Company's deed under seal, build a house for the ministers at the public charge, and build one chief town and determine location of all others. In the execution of these large and varied powers, it Is not altogether likely that a man of Endlcott's positive views and character, exemplified by his exci sion of the cross from the banner of England and the expulsion of the Church of England Brownes, would find models for his towns In an English parish, thus engrafting an anomalous and highly artificial system on bare creation. The population of Salem, Including those who came with Endicott In September, 1628, was not above sixty persons,^ to whom Higginson added two hun dred the next year ; and all, " by common consent of the old planters, were combined into one body politic under the same governor."^ By sending Endicott and Higginson with their companies to Salem, the Company determined where " the town " should be built, houses erected, and all to be fortified, as Hig ginson informs us, with " great ordnance ; " and thither came the greater part of Winthrop's fleet in June, 1630. So the location of the principal town was designated by the Company In England ; and yet It shows the nature of this determining power, that when the Company was transferred to Massachusetts Bay and had examined the situation more carefully, 1 Young's Chronicles of Massachusetts Bay, 13 and note. 2 Ibid. 259, 216 GENESIS OF MASSACHUSETTS TOWN Cambridge, not Salem, was made the capital town. Plans formed In England gave way to the exigencies of the new situation ; and this was the case all through their history. Thus Salem was the first town established under the Massachusetts patent. The next was Charles town, and in this wise. Walford had been there some years when Graves and Bright, probably with the Spragues, were sent by Endicott In 1629, agree ably to the instructions of the Company, to forestall the intrusion of Oldham under the Gorges patent. Graves was the Company's engineer, and went to Charlestown to build the town ; and Bright was the minister sent to preach to the people and presumably to gather a church. Such was the origin of the first two permanent towns set up on Massachusetts Bay soil ; and what ever else may be In doubt, such as the precise time of the separation of communal affairs from the more general charter government and their commitment to the town as an organized body politic. It seems to be clear that the choice of their sites, their laying out, the building of their houses, their municipal and reli gious organizations, whatever they may have been, were by the authority and express order of the Gen eral Court, and without the slightest reference, so far as can be detected, to English towns or parishes. And I think the sequel shows that this was also true In respect to all later towns. I have called these settlements at Salem and Charlestown towns, and such they finally became ; but at what time they assumed these communal func tions does not clearly appear. They were never in corporated even by giving them names, as was the GENESIS OF MASSACHUSETTS TOWN 217 case with some other towns ; and if such naming was equivalent to Incorporation, as Professor Parker holds, the omission perhaps Implies that they were regarded as already municipal corporations in 1630. The emigrants to both places were entitled to lands by allotment and conveyance thereof under the Com pany's seal; but no evidence of such deeds, if any were ever made, has survived, nor are there records of such allotments until some years later, though there Is ample evidence of private ownership and cultivation as early as 1629, when Higginson came. It Is not improbable that Endicott aUotted to each party the land to which he was entitled, or for lack of such allotment that each chose for himself, as had been agreed that he might. But neither the people gathered at Salem under Conant nor the governments set up there ahd at Charlestown by the Company constituted a town In the modern sense of that word, and least of all In the sense which has made New England towns famous In history. For a time they were something more than towns, and something less, — something more, since they were centres of the charter government In whose affairs they participated ; something less, because they were denied the exclusive privilege of developing their local autonomy. Circumstances determined their final character. We must therefore widen the basis for generaliza tion, and I now recall the circumstances which at tended the settlements In and about Boston Bay. The first emigration under the Company was led by Endicott In 1628, the second by Higginson in 1629, and the third by Winthrop In 1630. This last landed at Salem, June 12, and found Endlcott's plantation 218 GENESIS OF MASSACHUSETTS TOWN — or colony, as Dudley called It — "In a sad and un expected condition, above eighty of them being dead the winter before, and many of those alive weak and sick ; all the corn and bread amongst them all hardly sufficient to feed them a fortnight." ' No marvel that Salem " pleased them not as a place for sitting down ; " and five days later (June 17) Winthrop with a party came over to Boston Bay to explore the country. They sailed up the Mystic, and on their return to Salem reported In favor of Medford, as is supposed, for the site of " the town." A later party preferred Cambridge ; and accordingly their people and goods were brought around and landed at Charles town, because from sickness they were too weak to carry their baggage and ordnance up the river ; and from August 23 to September 28 Charlestown was the seat of government. While in this deplorable condition — fifteen hun dred people all weakened by the long voyage and many sick of fevers and scurvy, without houses or adequate shelter from the sultry heat of August, more trying to Englishmen than the winter cold — news came that the French were preparing to attack them. There are few sadder stories than theirs. In this complication of disasters, not less than a hundred of their number, discouraged at the prospect before them, returned to England in the same ships that had brought them over. In this exigency of their affairs, too weak to fortify Cambridge against the enemy, they changed their plans, and sought safety by " planting dispersedly," — some at Charlestown, some at Boston, some at 1 Letter to the Countess of Lincoln in Young's Chronicles of Mas sachusetts Bay, 311. GENESIS OF MASSACHUSETTS TOWN 219 Medford, some at Watertown, some at Roxbury, some at Saugus, and some at Dorchester.' This was in August, 1630, less than a month from their coming Into Boston Bay. A month later, Sep tember 7, the Court of Assistants " ordered that Tri- mountalne shalbe called Boston ; Mattapan, Dorches ter; & the towne upon Charles Ryver, Waterton," ^ and this has ever since been regarded as equivalent to their Incorporation. And thus we see that within three months after coming to shore In a wilderness the Company, contrary to their intention of building only a single town at firsfj, were compelled by circum stances to lay the foundations of five towns, and per mit the settlement of three others. And this, I think, is the origin of all later towns, — in the paramount power of the General Court, modified by the clrcum- 1 Dudley, in Young's Chronicles of Massachusetts Bay, 313, 2 Massachusetts Records, i, 75, This order suggests two inquiries. If intended as an act of incorporation, as it ever since has been regarded, why was Boston included, and Newtown, or Cambridge, omitted ? It may have been that the Court deemed the establishment of the government at Cambridge as an act of incorporation. And it is no ticeable that some years after the capital had been transferred to Boston the Court, in 1638, ordered " that Kewetowne shall hencefor ward be called Cambrige," thus following the precedent in the text, —Ibid. i. 228, If the order was intended as an act of incorporation, why was it not expressed in terms, that the inhabitants of the places named should be bodies politic, with all the powers and subject to all the duties of like corporations in England so far as applicable to their situation ? As a lawyer, Winthrop knew that a corporation — which the Com pany was — could not create corporations, that being the prerogative of the crown ; and were this prerogative assumed, that it might be an awkward fact, if explanation were demanded, as it was in respect to so many things a few years later. In 1639 Winthrop told what his policy had been, — as little positive legislation as possible ; but " to raise up laws by practice and custom," as involving no transgression of the limitations in the charter. Was this an instance of the appli cation of his good policy ? 220 GENESIS OF MASSACHUSETTS TOWN stances of each particular case. As further evidence of this, on the same day of the foregoing incorpora tion of Boston, Dorchester, and Watertown, It was ordered " that no person shall plant in any place within the limits of this patent, without leave from the Governor and Assistants, or the major part of them. Also, that a warrant shall presently be sent to Aggawam, to command those that are planted there forthwith to come away." ' What has been said accounts for the origin of Mas sachusetts towns so far as relates to their planting. If we now look forward six years to the Act of the General Court of March, 1635, we shall learn how their powers were recognized by implication, and what they were.^ But I admit that we must go deeper into the mat ter ; for it may be fairly said that the Act of 1686 ^ was essentially a recognition of the powers, rights, and privileges already ^acquired and exercised by towns at that date ; and If so, the question still remains. What were the origin and development of towns in the form In which they now exist? What we desire to learn, however, Is not by what principle of human nature, everywhere and at all times apparent. It Is, that every body of men who find themselves associated with a view to permanent residence in a particular place, after sufficient assur ances of not being molested from without, forthwith 1 Massachusetts Records, i, 76, 2 Ibid. i. 172. ^ It will be observed that this order confers upon towns no powers ¦ it is restrictive. The language is that the freemen of any town or the major part of them shall only have power, and so forth. In the Kevision of 1660 (p. 195) the law is made positive by striking out "only." GENESIS OF MASSACHUSETTS TOWN 221 prepare to meet those communal necessities which arise In all communities ; but rather what there was in the Inherited or acquired character or training of Englishmen which differentiated the modes of devel opment and results of their work from that of any other people. If they had kept records of their pro ceedings from the outset, we should be In a fair way to learn what we desire to know ; but It was other wise, for the earliest, those of Dorchester, began some time in 1631, though with only a single entry for that year, — a year after Its settlement, — and those of Boston not until September, 1684, — four years after its settlement. But the records from what may be called the historic period, though mea gre, throw some light upon the antecedent period, and indicate that the first subject which engaged their at tention was, as naturally would be the case with all incipient communities, the distribution of their lands and assurance of boundaries and title. Then would follow simple police regulations, and regulations as to roads, churches, and schools. The matters must have been few and simple, for so they remained after they found It desirable to keep records of them. Now, In respect to the first and most Important of these matters, they were not relegated, as all settlers on territory not under a general government are, to mutual agreenient, certainly not as to the quantity of land to which each was entitled, for that had been definitely fixed beforehand ; nor would the question of quality arise until all desirable lands were taken up. And so we find, after these records begin, that party fences and use of common lands are subjects of most frequent attention.' ^ It would be most interesting to learn precisely how they arranged 222 GENESIS OF MASSACHUSETTS TOWN As has been said, the sites of the town within which allotments were to be made were fixed by the Gen eral Court, and the quantity of land to which each party was entitled, by ordinances In the nature of agreements between the Company and the settlers ; and all that remained would be for each to receive his allotment by the proper authorities, or, that fail ing, to select for himself within certain prescribed limits, as he was entitled. And neither In these nor in any subsequent proceedings, whatever difficulties might come, would they find guidance in their experi ence In the affairs of an English town or parish. The Dorchester records, which seem to be typical, are instructive on this point. For the first three years there are hardly a dozen entries, and these chiefly of the character above described. At the end of their third year they seem to have developed their autonomy so far as to feel the necessity of bringing their action Into regular and prescribed methods of procedure. But it is a little remarkable that If they came over as a fully organized English town and church, as some have thought they did, or with only lively recol lections of their experience in the working machinery of an English parish vestry, they did not at once put it in operation ; or If it be said that for aught we know they may have done so, then It Is still more remarkable that after three years' trial of It, a dozen more years of tentative efforts were needed, as is indicated by their votes in 1633, 1636, 1642, and with regard to these allotments ; but the records, if any ever existed, — which is not likely, — have not been preserved. Probably they did the business in a very'informal, but apparently mutuaUy satisfactory way ; for nothing is said about allotments (and the fact is noticeable) for sorae years after the first settlements, — in Dorchester for more than two years after, and in Boston for more than four. GENESIS OF MASSACHUSETTS TOWN 228 1645, before they found that the requirements of their situation were met. No ; as their situation and the exigencies of their unwonted life were entirely new to them, so they found it necessary to invent and de velop new methods for a satisfactory adjustment. The records of other towns show a similar state of affairs, and the adoption of similar tentative efforts in the development of their autonomies. But lack of space forbids the present consideration of the many interesting questions connected with the general subject of the origin of towns ; and this espe cially, — how far the conditions of development of towns and town-meeting government In other New England colonies differed — and I think they did not essentially — from those Imposed upon them In Mas sachusetts. In the foregoing observations I have not attempted to traverse the whole ground covered by Mr. Adams, nor, Indeed, have I confined myself to It ; but have spoken chiefly of some matters which appear to me to require a more critical examination than they have yet received, so far as I am aware. It now remains to say a few words on some points in Mr. Adams's paper ; and In order to make clear the matters on which we appear to differ, I will begin with those on which we are agreed. We seem to agree : — 1. That the development of the Massachusetts gov ernment, under its charter, was on purely secular lines, and mainly without reference to English pre cedents or influence ; ' 1 I have heard it said, for example, that the Massachusetts Senate and House of Representatives, as two distinct houses, trace their 224 GENESIS OF MASSACHUSETTS TOWN 2. That the Massachusetts towns, neither in their origin nor In their development, have any essential relations to English towns, parishes, or vestries, but were planted by the authority and under the direction of the General Court ; and that they regulated their communal affairs and modes of procedure therein agreeably to the requirements of novel subjects and unwonted conditions ; 8. That the Massachusetts church, though modeled on the Genevan system in creed, discipline, and mode of worship, rested on a civil and not on an ecclesiasti cal basis, without independent powers or privileges, but holding all in due subordination to the General Court ; ' and 4. That the Massachusetts land system, or rather titles and assurances of estates, was anomalous, and is not easily to be understood at this day.^ origin back through the two colonial houses of the Magistrates and the Deputies, to the Houses of the Lords and of the Commons. The truth is, that the division of the General Court into two houses, sitting apart from each other, in 1643, was owing to a strictly local and even ludicrous circumstance, 1 Ralph Smith was not permitted to go out to Massachusetts Bay unless he would bind himself '' not to exercise the ministrey within the lymitts of our plantation, neither publique nor private, without the consent and approbation of the government there established by us," and " to submit to such orders as shall be there established." J\Ias- sachusetts Records, 37 f., 390, as quoted in 9 Gray's Reports, 505, 2 I yield to no one in admiration for Mr, Doyle's English in America, but I should not select as an example of his best treatment of colo nial subjects the following passage quoted with approval by Mr, Ad ams : " In New England the soil was granted by the government of the colony, not to an individual, but to a corporation. It was from the corporation that each occupant claimed his right, , , , The New England township was a landholder," This statement overlooks, first the quite numerous and very large grants of land to leading men in the colony, either as dividends on their stock or for eminent services rendered. Secondly, it overlooks the orders of the Company in Eng- GENESIS OF MASSACHUSETTS TOWN 225 Now for the matters in respect to which we appear to differ. The distinction between " inhabitants " and " pro prietors," about which Mr. Adams and Mr. Goodell seem to be at variance, raises a somewhat difficult question which I am not quite sure that I fully under stand ; but as far as I do, I think there are grounds for Mr. Goodell's caveat. Mr. Adams's views respect ing the origin, development, and autonomy of Massa chusetts towns differ so widely. — and in my judgment, for the better — from much that passes for history, land to Endicott at Salem for the conveyance to individuals, as they were entitlsd, of lands by the Company's deeds under seal ; and, as I think, that all titles, whether by deed or allotment by the Company, or by its agents, — which, as 1 conceive, were the towns pro hac vice, — were holdings from the Company and not from the town. In no just sense were the towns landholders ; that is, they neither bought nor sold nor leased lands ; nor, save some common lands, did the towns hold them for community use. In strictness of law, the towns not be ing legally incorporated bodies politic, — for then, as now, one corpo ration cannot create another corporation ; that being a prerogative of sovereignty, — they could not take, and therefore could not make, title. Those proceedings were, as I have said, anomalous, and hard to under stand. Nevertheless, whatever they wished to do they found a way of doing in sublime disregard of English law and usages. Doubtless the General Court said from time to time that certain towns should " have enlargement," or that lands should " belong " to them ; and it is also true that the towns held such lands, some of which they distrib uted by allotment, and others held for common use, and that these titles are now good, but on what theory, unless that of long possession, as the colonists claimed in Andres's time, it is difficult to understand. It would seem, however, that all land-titles to-day within the limits of Massachusetts Bay rest upon conveyances in some way from that Company ; but there can be no question that the control which the towns, whether owners in fee or implied agents of the great Land Com pany, exercised in their distribution, had great influence in develop ing and forming the character of their autonomy. And in this aspect of the matter, Mr, Doyle undoubtedly well says, that " of the various rights of the New England township the most important, perhaps, was the territorial," b 226 GENESIS OF MASSACHUSETTS TOWN that I am inclined to accept them not only as a valu able contribution to the studies of the subject, but as generally sound ; and yet. If I may dissent from some of his positions, — and that, I suppose, is what I am here for, — I should put some things a little differ ently, or at least use a different nomenclature. For example, I do not perceive the analogy which he per ceives between the General Court and Court of Assist ants on the one hand, and the " Inhabitants " and " selectmen " on the other, in respect to the subjects or to the modes of their action severally, — certainly it was not institutional ; nor do I think that " freemen or inhabitants " are Interchangeable terms equally descriptive of the same class of people ; nor that " the inhabitants of the towns were those owning lands, — the freeholders, — who were all members of the con gregation ; " nor that " Inhabitants " of towns " were in the nature of stockholders In a modern corpora tion." To me these and some similar expressions convey Ideas foreign to the homely simplicity of those early people and the nature of their affairs. As I have said, the difference between us may be one merely of nomenclature ; but my way of putting the matter Is this, — and of course I prefer It to Mr. Adams's way : — My idea of a seventeenth-century Massachusetts town Is that It was almost exclusively an agricultural community, having little or nothing to do with manu factures except of the simplest kind, or trade, or with anything In which " stock " could be taken. Beyond assurance of their own lands and of their Interest in common lands, the just levy and economical expendi ture of communal taxes, the education of their chil dren and the care of their souls, their interests, wants, GENESIS OF MASSACHUSETTS TOWN 227 and desires were few and of the simplest kind, and will not bear being raised by the imagination ; That the " inhabitant " Included all male adults, who, either by general laws or town regulations, were permitted permanently to reside within the town lim its, Irrespective of their ownership of lands ; That the whole body of people within the town con sisted, first, of those who had been admitted freemen of the colony ; second, of those who by original volun tary association or by subsequent vote, express or im plied, had become permanent residents ; third, of that miscellaneous class of people, who, as servants and laborers, were mainly adjuncts to families and had little stake In society ; and finally, of all other persons, as women and children, not usually reckoned as mem bers of the body politic of a town ; That In the early years of towns, as their records indicate, the first three classes above mentioned, with out strict regard to their several rights, assembled " in general meeting of the inhabitants," and there, with out much formality In their proceedings, disposed of their few and simple communal affairs ; but as these became more complicated or of greater magnitude, the legal rights of these several classes were more sharply defined and strictly enforced. The freemen, legally Inhabitants of the town, were the sole electors of all colonial officers, deputies to the General Court, and voters on questions of a public nature as distinct from those merely communal ; and though there seems to have been no uniform rule or practice in all towns, that which appears to have been most common was for all adult inhabitants, whether freemen or land holders or otherwise, to vote on all questions of com munal affairs ; and this was made law in 1641. 228 GENESIS OF MASSACHUSETTS TOWN And with this simple array of their forces, these towns, unique in their origin, lacking essential experi ence of like circumstances, and without ecclesiastical Interference or restraints save those Imposed by the General Court, after a few years learned to manage their municipal affairs with such wisdom and success, that In the course of time they so enlarged their views, but without overstepping the bounds the law had set up, that they became a power which modified the action of the government, and in the fullness of time most effective agencies in the dismemberment of the empire, and so famous throughout the civilized world. POLITICAL MAXIMS An Addkess demveked bepoeb the Bostonian Socibtt, Decemeek 12, 1893 POLITICAL MAXIMS ADDRESS BEFORE THE BOSTONIAN SOCLETY, DECEM BER 12, 1893 James Otis's words arraigning the commercial policy of Great Britain, so hostile to colonial interests, were the first of their kind ever uttered before a judi cial tribunal on this continent. They were heard far beyond the walls of this room,' and to them John Adams attributed a powerful Influence in bringing forward the controversy which resulted in the sever ance of the empire ; but to no single cause or agency was that event attributable. A hundred years before this it was said in legislative assemblies, by the far mer's fireside. In the shops of mechanics, and by those following the plough, that " The Rights of English men follow them to the end of the earth ; " and " No Representation, No Taxation." In no place on this continent were these words heard earlier or oftener than In the old State House, and this, perhaps, justifies me in making them prominent in my present address to the Bostonian Society. However that may be, these political maxims soon became the shibboleth of political action In thirteen colonies, and were powerful in bringing on and car rying through the American Revolution. They now ^ Otis's argument against writs of assistance was made in 1761, before the Superior Court then sitting in the Council Chamber of the old State House in Boston, where the present address was delivered. 282 POLITICAL MAXIMS find place in Bills of Rights. They have shaped con stitutions and colored history. I shall return to them ; but first I wish to say a word about the class of epigrammatic phrases to which they belong. In every age the wise have sought to express their highest thought and deepest feeling in apothegms. Men of science have their axioms ; jurists, their legal maxims respecting the rights of persons and of pro perty ; the great divines, their epigrammatic phrases of doctrine ; literary masterpieces are full of epi grams ; and the common people have their proverbs, their songs, and their ballads. No class is without them, and none which is not profoundly influenced by them. Better far in the van of battle than the justice of their cause are the national airs and patriotic max ims of a people. " I knew a very wise man," said Fletcher of Sal- toun, " who believed that, If a man were permitted to make all the ballads, he need not care who should make the laws of a nation." It were worth inquiry who was the " very wise man " whom Fletcher heard. Not Bacon, certainly, for he was dead long before Fletcher was born ; and for the same reason, not Sir Philip Sidney, though the thought was not far from Sidney's own, when he said, " I never heard the old song of Percy and Douglas that I found not my heart moved more than with a trumpet." But though the words which caught Fletcher's ear fell not from the living lips of Bacon, still I think that in one of the most acute of his observations he has given the reason why to song and ballad rather than to maxim or proverb should be assigned a higher place among those influences which govern mankind. For POLITICAL MAXIMS 233 poetry, he says, " being as a plant that cometh of the lust of the earth, without a formal seed, it hath sprung up and spread abroad more than any other kind. But to ascribe unto it that which is due for the expressing of affections, passions, corruptions, and customs, we are beholden to poets more than to the philosophers' works." ' The song of the people is neither polished nor pre cise. Its power is its sincerity. Academic songs and ballads seldom go deep into the hearts of the people. To reach the popular heart, they must spring from the people, or at least voice their sentiments. DIbdin's sea-songs were worth more for manning the royal navy than Campbell's matchless lyrics. While song is true and sincere, proverbs, maxims, and epigrams seldom express more than half-truths — or truths not always true. But their power is none the less on that account. Bacon noticed this also ; and over again.st the max ims he quoted he placed opposing maxims. And Archbishop Whately, In commenting on Bacon, has given examples, such as these : " Take care of the pence and the pounds will take care of themselves ; " " Be not penny-wise and pound-foolish ; " " The more haste the worse speed ; " " Wait awhile, that we may make an end the sooner ; " " Take Time by the fore lock ; " and " Time and tide for no man bide." Cole ridge noticed In his day that " the rustic whistled, with equal enthusiasm, ' God Save the King ' and ' Britons never shall be slaves.' " Perhaps no legal maxim is more dear to those of the English blood than Coke's " A man's house Is his castle." It Is the security of his family, and associ- 1 Advancement of Learning, Book 2, 234 POLITICAL MAXIMS ated with home-bred rights and joys, — a maxim which gave occasion to what Lord Brougham regards the finest passage In Pitt's oratory : " The poorest man may In his cottage bid defiance to all the forces of the crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! all his force dares not cross the threshold of that ruined tenement." ' It has been said that maxims are seldom more than half-truths ; and Dr. Johnson thought that " In all pointed sayings some degree of accuracy must be sac rificed to conciseness." Political maxims, though generally true to the spirit of law, are often contrary to its letter, and oftener still, while true to sentiment, are false to fact ; but sentiment rather than reason rules the world. I once heard a distinguished orator scorn and ridi cule the often-quoted English constitutional maxim that " the king can do no wrong," as though It were a rule of royal morals. It Is nothing of the sort. Its equivalent Is and must be In every government. It merely asserts that sovereignty reposes somewhere ; and, inasmuch as there Is nothing higher than the king in sovereignties, or the people In democracies, the king In one case and the people In the other must be presumed to be right. And therefore the English say, "The king can do no wrong," and we say that " The sober second thought of the people Is always right." The English people have one advantage, for If the king should do wrong they can decapitate him — as they once did ; and they drove another Into exile : an 1 Brougham's Statesmen. POLITICAL MAXIMS 235 awkward piece of business for us, in case our sovereign does wrong ! The maxim is a wise one for both peo ples. Another English political maxim and perhaps the most potent that ever fell from English lips Is this, that " Englishmen carry English rights and privileges with them to the ends of thS earth." This maxim really expressed the correlation of allegiance and pro- tectlon of English subjects wherever they might be ; that wherever the Englishman went, he owed inde feasible allegiance to his sovereign, and might always claim his protection. In a word, once an Englishman, always and everywhere an Englishman. Wherever he goes, England requires his allegiance and may de mand his services ; wherever he goes, he may demand the protection of his sovereign, and fleets and armies fly to his aid. That was the theory ; but our fathers found it convenient to forget half of the maxim : they claimed EnglLsh protection, but forgot English alle giance ! This doctrine Englishmen and their descend ants In this country have sometimes claimed and some times denied, as was for their Interest. It lay at the foundation of the right claimed by the British govern ment to impress Its subjects though found on Ameri can ships ; and in 1812 it had much to do with bringing on the war. Our countervailing maxim at that time was " Free Trade and Sailors' Rights." But at an earlier day, whenever British legislation affected the colonists unfavorably, they claimed that they possessed all the rights of Englishmen ; that Is, that whatever rights an Englishman living In England might possess and enjoy, an Englishman and his de scendants living In America might possess and enjoy. An absurd claim. The maxim meant simply this and 236 POLITICAL MAXIMS no more : that the King's subjects born In America, on going to England, should possess and enjoy all those rights and privileges that Englishmen born in England and living there might possess and enjoy. We have incorporated its just interpretation into our Constitution : that " The citizens of each State shall be entitled to all privilfeges and Immunities of citizens in the several States."' That is, a citizen of Massachusetts going to South Carolina, for example, shall be entitled to all the rights and privileges of a citizen of that State. It Is hardly necessary to add that it does not mean that a citizen of Massachusetts going to South Carolina car ries S, 2 Lectures on Modern History, 71. DEDICATION OF WILSON HALL 413 It has been my purpose thus far to insist that any library connected with an educational Institution should bring within reach of Its students everything which Illustrates Its history, and everything, near or remote, which throws light upon the political or con stitutional history of their own country. Further than that I do not presume to go. At that point I recognize the fact that a library has purposes of its own apart from those entertained by the Institution with which It Is connected. It is an educational In stitution ; It Is a university in Itself. By not sufficiently attending to this fact erroneous notions as to the functions of a college library have prevailed In very respectable quarters. It has been said that the question Is not whether in the great cen tres of art, science, and literature, should be formed collections, museums, and libraries capable of answer ing, so far as such collections can answer, every ques tion which arises in any department of human thought, and of affording in the most effective way every aid desired by those who repair to them ; but whether. In an institution designed to meet a local necessity of education, and neither a centre of general culture, nor likely to become such, there should be gathered and maintained at great cost and at the expense of other departments of undeniable usefulness, a great library to which no one outside 'the institution will ever resort, and no one within it can possibly use to advantage. For, so proceeds the argument, the books required by any student in his college course are few, and mainly such as relate to the class work In hand ; and it is un wise to offer inducements to miscellaneous reading, since it Is noticeable that those students who give to prescribed studies only such attention as will secure 414 DEDICATION OF WILSON HALL to them their degrees, and devote the greater part of their time to general reading, are, as graduates, less well fitted to enter upon professional studies or to engage in their life work than those who adhere more strictly to the curriculum. This implies an utter mis conception of the uses of a great library whether con nected with a college or standing apart from It. Even In the more limited conception of a college library, I am not the advocate of a policy which would have re stricted Daniel Webster's constitutional studies while an undergraduate to the traditional cotton pocket- handkerchief. Arnold's advice to the Oxford students is more sensible : " I cannot Indeed too earnestly ad vise every one who is resident in the university to seize this golden time for his own reading, whilst he has on the one hand the riches of our libraries at his com mand, and before the pressure of actual life has come upon him, when the acquisition of knowledge is mostly out of the question, and we must be content to live upon what we have already gained." ^ But were It a practical matter requiring immediate settlement, I should relegate this subject to those who determine the character of the Instruction iniparted here, and regulate the growth of the library. For my own part I look upon great libraries from a profes sional standpoint. I believe In them as workshops, and as legitimate equally for the undergraduate as for the professional man of letters or of science. Of course each must select his proper bench and use his proper tools. A coUege library will be essentially a growth representing the necessities of successive classes, enlarged by the advance of science. Nor will the increase of the new invalidate the usefidness of 1 Lectures on Modern History, 69. DEDICATION OF WILSON HALL 415 the old. Its literature at least remains. Milton lived when the old astronomy was giving place to the new, and was perfectly aware of the fact ; but in construct ing the ordonnance of his great epic he chose to see what the Chaldean shepherds saw. Instead of that which " Through optic glass the Tuscan artist viewed At ev'ning from the top of F^sole Or in Valdarno." Besides the literary Interest attaching to beliefs which for centuries have held dominion over the minds of men, it is to be remembered that the errors of a discarded system are Indissolubly associated with the truths of the new. No library, however extensive, contains much that Is without value ; for what Is re garded as worthless may possibly be of account in the history of literature. I think, too, that I can see another benefit resulting from the gathering of large collections of books at the different seats of education. The material progress of our race on this continent Is without parallel. With a great past we are assured of a great future. This all the world sees and admits. It also concedes to us many kinds of greatness ; but It does not concede a great literature. Sometimes this thought makes us unhappy, because we know that the final judgments of literature are cosmopolitan, and from them lies no appeal. Let us examine this matter with candor and good temper. It is said that we are sprung from a stock which has produced one of the richest known literatures, — that we are generally educated, of great capacity for affairs, of remarkable Inventive faculty, evincing vigorous thought in jurisprudence, statesman ship, and theology, and that we hUve done some good to 416 DEDICATION OF WILSON HALL work In various departments of science ; but that we have produced no literature of the first or even of the second class. It concedes to us several respectable poets, historians, novelists, and belles lettres scholars ; but with exasperating Insistence adds that, with few exceptions, their work lacks original power, shows for eign culture, and might as well have been written in Europe as in America ; that as a whole our literature is neither copious nor rich, but on the contrary thin and poor ; that it does not taste of the soil, and is essentially a pale reflection of English thought and feeling. This, though a foreign judgment, does not differ essentially from that which may be gathered from American sources. The usual reply is to reiterate the well-known names which for the last forty years, with few addi tions, have adorned our bead-roU of literary fame with the further observation that we have had other work to do than writing novels and poems. I do not propose to reopen the question on the old ground. Unless we can come to clearer notions as to the cause of our sterility In Imaginative literature, and can find a remedy for It, the matter is hardly worth discussion. I suppose no Intelligent American regards the out come of our literary endeavor with entire compla cency. But if the causes of our literary poverty are not permanent ; If new Influences are at work, pro mising and already producing better results, the case is not hopeless. For my own part I believe It to be full of encouragement. Let us review the circum stances which thus far have affected us unfavorably. In the preface to his " History of New England," Dr. Palfrey estimated in 1858 that one third of the people then In the United States were descended from DEDICATION OF WILSON HALL 417 the twenty thousand Englishmen who came to New England between 1620 and 1640. Owing to obvious causes the bulk of the imaginative literature of Amer ica has been produced by the descendants of those emigrants. Who and what, then, were these twenty thousand Englishmen, the first comers to this New England soil? William Stoughton, the stout old Puri tan who fiercely antagonized the witches in 1692, said : " God sifted a whole Nation that he might send choice Grain over Into this Wilderness." ^ Nothing can be more true or more germane to our subject. God sifted out all the poets and romancers, and aU those who were chiefly men of letters. Neither Jon- son, nor Massinger, nor Ford ; neither the blood of Shakespeare, nor of Marlowe, nor of Spenser, nor of Sidney ; neither the Puritan Milton, nor the Puritan Marvel ; neither Francis Bacon, nor Thomas Browne, . nor Robert Burton, nor Jeremy Taylor ; nor any one of less grim purpose than that which made Crom well's Ironsides Invincible, and brought Charles to the block, could bear the strong winnowing of God. Those thought worthy were compatriots of Pym and Hampden, of Ireton and Vane ; co-religionists of those who for non-conformity had been tried as by fire. Of such were the first emigrants ; men to sub due a wilderness ; to found an empire ; to set up altars to religion ; to war strenuously for civil liberty ; but not the people ApoUo would have chosen to build a seat for the Muses. They were the men for their work ; but God had not called them to write poetry, and the law of heredity has been manifested In their descendants. That there was no deterioration of men tal fibre in the generations of the eighteenth century 1 Election Sermon, 1668, p, 19. 418 DEDICATION OF WILSON HALL Is clear from the vigor of their religious thought, of which Edwards, Mayhew, Chauncy, and Hopkins are conspicuous examples ; and from the depth of their poUtical speculations, in which Otis, Hutchinson, and the Adamses were unsurpassed on either side of the ocean.^ Such were our literary progenitors ; and such were their limitations. Besides, no people who have pro duced an original literature ever encountered such difficulties as beset our ancestors when they reached these New England shores. From a soil which gen erously responded to the labors of husbandmen, they came to a land as barren and stubborn as any on the planet within the temperate zones. From a climate singularly favorable to animal and vegetable life, where out-door existence was practicable the year round, they found themselves In one where the ex tremity of heat was no less severe than the extremity of cold, and six months' seclusion from the weather was necessary for comfortable existence. These first comers have recorded that the productive power of the soil was substantially exhausted, even with the fer tilizers within their reach, after four years of cultiva tion ; and for subsistence they were obliged to betake themselves to the sea, or forsake the coast for the more fertile intervales of the interior, where they were exposed to Indian hostilities. Had the consequences ^ Dr, Palfrey, while he contends that there was no degeneration in the first indigenous generations of New Englanders, admits that " the presence of historical objects, and that habitual contact with trans mitted thoughts and feelings which local associations keep alive, pro vide ci stimulating education for the mind, which it cannot forego without some disadvantage. The consummate flowers and fruits of a high civilization seem to require to be nurtured by roots that for a long time have been penetrating into a native soil." — History of New England, iii, 68, DEDICATION OF WILSON HALL 419 of this state of affairs been less serious, their story would be ludicrous. The first party of Puritans came to Massachusetts under Endicott In 1628. The next year Higginson brought over a reinforcement. To encourage those In England who were meditating emigration, he wrote an account of things as he found them. He said that the land about Massachusetts Bay " is as fat black earth as can be seen anywhere." Heaven help them ; they had mistaken marsh mud for loam ! They thought that English kine would thrive on foul meadow grass ! In praise of the cli mate, Higginson wrote that " a sup of New England's air Is better than a draught of old England's ale." Good, simple soul ! He died within a year of a hectic fever and was burled under six feet of Salem gravel. When it was too late the sad truth stared them In the face. Starvation threatened them and death made constant Inroads upon their number. So pitiable was their condition, so slender were their chances even of ultimate success, that the wisest of their English friends advised them to abandon houses and lands and seek elsewhere a more hospitable clime and a more fertile soil. They remained, but at fearful cost. Nor was their situation In other respects favorable to the production of an original literature, or for the preservation of that which they brought with them. The natural gravity of these sifted Puritans was made even more sombre by their position. They were far from their old home, still the object of their yearning affections though filled with those who sought their civil and ecclesiastical subjection. Behind them were a thousand leagues of stormy ocean. Before them was the dark illimitable forest, which resounded with midnight cries of savage beasts and of no less savage 420 DEDICATION OF WILSON HALL men. Well might they hang their harps upon the wiUows. The wonder Is, not that literature lan guished, but that civilization did not die out. Literature is a growth. Into it enter the soil, cli mate, and conditions upon which imagination and fancy depend. But our English race had no youth on this soil. Its Infancy was In the forests of Ger many. Its youth was In the heart of " mer rie Eng land." In the prime of its manhood, when all Its faculties were strained to their utmost by a conflict with civil and ecclesiastical tyranny, it left its plea sant homes for a wilderness where no English spring smiled between the frown of winter and the too fervid glances of summer ; where no autumnal gloaming fed the imagination ; where neither the lark in the mea dow nor the linnet in the copse inspired kindred song. With some mitigation of material severities, this state of things continued for two hundred years with its depressing Influence upon Imaginative literature. Add this also that, from the restoration of Charles II. to the peace of 1783, the colonists were in con stant conflict with those who sought to subvert their civil and ecclesiastical privileges. This resistance en grossed their faculties of mind and soul. In such a situation It would have been criminal, as they thought, to abandon civil and religious liberty for the cultiva tion of literature. The necessary results followed. At the end of the long contest they established lib erty, made excellent laws and constitutions, but wrote indifferent poetry. During the Revolutionary war, the colonies suffered another loss which has not been sufficiently noticed in its effect upon literature. At the opening of that con- DEDICATION OF WILSON HALL 421 flict there lived In the colonies a class of cultivated men, mainly of the old families, who had been on the soil from the first emigration. They formed and led the social life of their times, and from them might reasonably have been expected a literature which, hav ing its roots in the soil. Is nourished by culture and social amenities. In several departments of letters they had done work to be judged respectable by any standard. But the exigencies of the Revolution de manded their expatriation. This measure was, no doubt, dictated by prudence ; but the loss of these people was felt in the literature which followed their departure.! Candor requires a fair consideration of the facts that have been aUuded to. The Puritans, with all their great qualities, were not a literary people, in the ordinary sense of that phrase. As well might the world have expected a " Paradise Lost " from John Locke, or a " Midsummer Night's Dream " from Rob ert Boyle, as from those who inaugurated and for two centuries maintained the Puritan hierarchy on New England soil. But now, relieved, though but recently, from the pressure of old necessities, our branch of the race may be expected slowly to advance on the line of its original genius and produce a literature worthy of the name. Already have we entered upon a new order. The material prosperity of the people Is as sured. They are no longer environed by narrowing circumstances. Civil and religious liberty are free from harassing anxiety ; and within this generation the people have come to feel that they are now a 1 In consequence of the Revolution, 20,000 Tories went to Nova Scotia. See, too, Dawson's Handbook for the Dominion of Canada, 106. 422 DEDICATION OF WILSON HALL nation. The descendants of Englishmen have become indigenous here. Into them have entered the sum mer's heat and winter's cold. The American has acquired a character of his own and is fast losing his provincialism. He has thoughts and feelings which he does not owe to his insular progenitors. To the ori ginal vigor of the stock have been added qualities due to the commingling of nationalities ; and now for the first time In our history I think we may look for a lit erature of our own. If Its sun has not risen, Its dawn appears, and there are stars above the horizon. A lit erature of our own. Let us consider what that im plies. We know that the elemental forces are the same from age to age, and that the phenomena of life, in their ceaseless round, reappear to successive gener ations of men. And we see, even In the least produc tive periods, a few gifted above their fellows who read these mysteries of nature and of Ufe, and reveal them anew by the utterance of song ; but these utterances are far from constituting a national literature. That only comes when the people themselves form the constitu ency of their bards and prophets, who under the con ditions of art give expression to the thoughts and sentiments of a nation. This period, sooner or later, comes to every great people. And when from the force of commingling thought and passion the up heaval takes place, the great masters of literature, like mountain peaks, appear and their voice is heard " Not from one lone cloud. But every mountain now hath found a tongue," If we ask what form our literature will take, and what are likely to be the most potent forces in its pro duction, we must consider that no part of our civiliza tion Is indigenous. Neither the political nor the social DEDICATION OF WILSON HALL 428 system of which we are parts ; neither the religion we profess nor the fundamental laws we obey ; neither the literature we read nor the amenities of civilization which make life tolerable, had their origin on our soil. They are exotics. The youth of the race and its cre ative period have passed. We can never return to the days in which primal instincts found expression in the songs and fairy tales of the people ; never again shaU we " Have sight of Proteus rising from the sea. Or hear old Triton blow his wreathed horn ; " nor can we expect a recurrence of those influences which produced the Elizabethan dramatists. Our coming literature therefore will, I think, be In nature of a renaissance modified by new conditions of soil, climate, and scenery, but finding Its stimulating force In literature itself. It will be not unlike the renaissance In Italy when the exhumed art of anti quity acting on national aptitudes produced results of great power and originality, although the suggestion of the elder art ; when " the glory that was Greece " became " , , , the grandeur that was Rome,'' By the law of heredity the basis of American litera ture must be the literature of England, Into which long since entered the rich fancy of the Irish Celt and the picturesqueness of his Scotch kindred. If It shall lack the luxuriance of British literature. It will not be choked by its weeds. Already soU and climate have developed In us a finer sense of form and color than our English brethren possess. The exciting force of our literary renaissance will be literature — mainly our British literature — gath- 424 DEDICATION OF WILSON HALL ered Into great libraries, and thence distilled into the hearts and brains of our people ; for literature Is the only form of art In its finest models with which our people can live In that familiar association which makes It a productive force. We are remote from the masterpieces of plastic and pictorial art. The genius of the Middle Ages enshrined In the great cathedrals of Europe will never inspire us ; nor will the art treasures of the Yatican, or of the Capitol, or of the national galleries of Europe, until great political and social convulsions have disrupted gov ernments and society in that hemisphere. But the lit erary art of the world may be ours. Let us gather it then into Wilson HaU, where, stimulating those who come hither, descendants of a master race in litera ture. It may have some Influence in the production of a literature worthy of those ancestors. For literature is a power for civilization. More completely than either of the sister arts it gathers together and ex presses In permanent form the thoughts and feelings of mankind. It has the world for its province and the race for Its audience. Other forms of art seek locality and provoke the assaults of Time. Few of the race ever beheld the glories of either Temple ; but the songs of the Hebrew poets still touch the heart, of humanity. Karnac and Memphis are in ruins ; but the wisdom of the Egyptians has gone forth Into all lands, and that which was of value in her literature survives and will write the epitaph of the Pyramids. The Parthenon slowly yields to the destroyer. Memo rials of buried Troy once more see the light of day, and once more will go down to darkness, but the song of Homer rises, and ever will rise, over the world as clear and as strong as when it flowed from lips DEDICATION OF WILSON HALL 425 touched with Immortality. In literature Is the con servation of force, — the force that Is In the thinking brain and the feeling heart of a nation. It never dies. Its form may perish, but its soul transmigrates into other forms. A great library — " the assembled soul of all that men held wise " — Is the sum of aU literature. It is more, for neither its mass nor its power is to be mea sured by counting Its volumes. It is an organism In which every part augments the vigor of every other part and of the whole. It has absorbed famous col lections around which cluster the memories of illus trious men who through their aid have enriched liter ature or extended the domain of science. My dally life is passed In a great library. I seldom cross its threshold without feeling that I am In the presence of a conscious personality. I am persuaded that It has purposes of Its own ; that It aUures the young to healthful pleasures — Itself being pleased; that it counsels wisely those who would avoid life's devious paths ; that it sympathizes with the patient seekers after wisdom ; that it knows the song the sirens sang and tales stranger than those of the Ara bian Nights. It is wiser than all the living by the wisdom of aU that are dead ; and never satisfied with the wisdom and the beauty of the past. It seeks the wisdom and beauty that now are, — for "day unto day uttereth speech and night unto night showeth knowledge ; " and though the heavens are old and the clouds are old. In the passing hour are cloud-forms and sky-tints before unseen, and with each descending sun new stars will rise upon the world. Such is a great library ; and such, as the years roU on, wUl be gathered here In Wilson Hall. THE OLD AND THE NEW ORDER IN NEW ENGLAND LIFE AND LETTERS Addkess at the Dedication of the Brooks Libkary Building, at Brattleborough, Vermont, January 25, 1887 ADDRESS AT THE DEDICATION OF THE BROOKS LIBRARY BUILDING The last of what I Intended to say to you this evening was written the night before Mr. Brooks dled.-^ Could I have foreseen the circumstances of this occasion, my address would have been different ; but, with the omission of a few words, and with a few which I have added, I must ask you to accept it as it was prepared. I met Mr. Brooks In his early manhood, and have never seen him since. He called on me a few weeks ago, while I was away ; and I looked forward to this hour when we should renew the acquaintance of our youth ; but it was otherwise ordered. And now that this hour has come. It quickens memories of days long ago, and of other friends, few of whom remain. It is more than forty years since here at Brattleborough, before the County Common School Association, I presumed to speak for popular education ; and here to-day once more I attempt to speak on the same subject, but not to the same audi ence. Gone are the old familiar faces ; and if any hear me now who heard me then, they were young when I was young. 1 George J, Brooks, the donor of the Library Building, died sud denly on Thursday, December 2.3, 1886, a few days before the tirae originally fixed for its dedication. 480 NEW ENGLAND LIFE AND LETTERS To-day one more is added to free public libraries, — no new thing now. Indeed, with us, or In Europe, or In that great empire which rises in Australasian seas. Nevertheless, the dedication of a free library Is an event of more than local interest, since it is one, though only one, of those events which Indicate the passing away of an old order of things and the com ing In of a new order ; and It Is the going out of the old, with the loss which has ensued, and the coming In of the new, with the gain we exjDcct from It, of which I am to speak to-night. And as your fathers and mothers were my friends, and some of you were my pupils, I am sure you will allow me to preface what I have to say with some grateful reminiscences of my Brattleborough life. It was in the spring of 1844, a. few months before graduating at Dartmouth CoUege, that I came to this village as teacher of the Central School, and here I remained until late in 1846. For one whose principal object in teaching was to replenish an empty purse and at the same time to review college classics and read books introductory to the study of law, no place could have been more eligible. To be sure, a salary of four hundred a year was hardly aUurIng, even in those days ; but with respectable table-board at nine shillings a week, and free lodgings over the bank as Its custodian, the days went on, though not riotously. My duties were com pact ; the school was In perfect discipline, and its spirit for study was high. I had only to go forward in paths well trodden by my predecessor, that admir able teacher, Moses Woolson. Thus passed — agree ably I am sure, and I hope not un-profitably — three years of my life, in which I had, I suppose, my share NEW ENGLAND LIFE AND LETTERS 431 of a teacher's perplexities, which are forgotten now, since memory holds only the glory of the dream. There may have been another place on this planet more desirable as a residence than Brattleborough In 1844, but I never chanced to know such. Situated in full view of the mountains, watered by fine , streams, with pure air, and scenery at points exceptionally charming, for a hundred years It had been the abode of men eminent at the bar or on the bench or in the pulpit or in affairs, and of some not unknown in lit erature ; and always of a people Intelligent, refined, and rich in all amenities. It was the centre of an active but not noisy trade. Manufactures flourished without polluting the air or the waters. Thrift, which brought competence but no overshadowing fortunes, was everywhere apparent. Its leading citizens in business or In the professions were qualified to fill, as some went forth to fill, more conspicuous places and to deal with larger affairs, — men and women whose so ciety was education, and to imitate whom was conduct and manners and exemplary life. I hardly need add that InstltTitlons of religion, of education, of public and social affairs, guided, as they had been established, by intelligence and moral sense, moved harmoniously in their beneficent courses. So ran the stream of every-day life at Brattle borough In 1844. It was its golden age ; and If, like the golden age everywhere. It had Its shadows, some times its very gold was gilded, — for In the summer came visitors, some of whom were people of distinc tion, and as such welcome, and doubly welcome, I fancy, and doubly distinguished In our eyes, by their unstinted admiration of our village. Their advent filled the hotels, it quickened trade, and gladdened 482 NEW ENGLAND LIFE AND LETTERS the hearts of Ingenuous youth who gathered wild- flowers and berries in remote pastures. Better than all, their presence added to that indefinable but not less real wealth which comes from association with those who had written for the Instruction of the peo ple and for their delight, and to the awakening of expectations concerning the literature of America. The value of such association to those in the forma tive period of life Is not likely to be overestimated ; to them a complete man or woman is the centre of a glory which, if It dazzles, also Inspires. Of the nota bles here before my day I knew only by hearsay, but some of the later comers I recoUect ; and though I had no personal relations with any of them. It was a great thing, as I still think, to witness daily the con duct and manners and to hear the speech of those whose works were the outcome of our national life. Among them were Catherine E. Beecher and Harriet Beecher Stowe ; the former, as a great teacher and writer of useful books, stood higher In public estima tion than the latter, for " Uncle Tom's Cabin " was then unwritten. And so was the " Philosophy of Shakespeare's Plays Unfolded ; " nevertheless, when Delia Bacon walked our streets, she drew attention as a remarkable woman. Heralded as a true poet by " Voices of the Night " and by " Ballads and other Poems," Henry Wadsworth Longfellow occasionally came among us. But WiUiam Henry Channing, the great preacher, was the most Impressive personality. After forty years I still see the Ught in his eyes ; his wonderful voice thrills me yet, and to this day I ponder his ethical utterances. I once saw William Morris Hunt. It must have been when he came here to take leave of his relatives just before going to NEW ENGLAND LIFE AND LETTERS 483 Diisseldorf ; but I met him with no thought that In after years I should know him as one of our most eminent artists. Thomas Wentworth Higginson, a more frequent visitor both In summer and In winter, was much in our social life, and even then gave promise since redeemed by the production of some of our most attractive literature. Of course, none of my pupils were in any way dis tinguished, though many showed character; and one now is among the foremost of our pulpit orators, and another second to none of American sculptors. But those " Whose flower of happiness was crost In its first bud, — the early, loved and lost," — alas, what hearts were broken, what hopes perished ! Such thoughts crowd upon me as I return to Brattleborough after a long absence ; but I have not uttered them to those who might once have listened with pleasure, — their ears are cold in death, — nor to provoke to filial reverence children worthy of such parents. No ; my purpose is quite different. I wish you to see a typical New England town as It was and as It lived Its life a generation ago. In contrast with similar communities to-day ; and then to consider with what loss and under what conditions and by what new iustrumentalitles we must carry forward society in the future. I think It will appear that the characteristic life of our New England towns under the old regime was less in the completeness and effi ciency of their local Institutions than In the strongly individualized personality of their representative men and women ; and that under the new regime the order and effectiveness of these Influences are changed, — that henceforth persons will be of less account, and 434 NEW ENGLAND LIFE AND LETTERS Institutions of more account ; or rather, as I hope, that the influence of men and women on society, in stead of being lost or impaired, will be felt no less powerfully than heretofore through Institutions made efficient by their intervention. And though it is this change, with the new obliga tion it implies, that Immediately Interests us, and to which we must adjust ourselves, yet we shall more clearly understand Its nature If we regard It as due not solely to local causes, but as connected with causes which, beginning hundreds of years ago, have at length transformed government, science, literature, and even theology, so that they are quite different from what they were some forty years ago, — a change which divides the old regime from the new, under both of which some of us have lived, and In it have witnessed perhaps the most momentous revolution of the ages. If life elsewhere was more splendid than In our New England towns as they were forty years ago, nowhere was it more desirable. To what elements, to what marshaling and conduct of their forces, and to what conditions did they owe their characteristic life and its rich results? Mainly, no doubt, to original qualities in the stock, — its Industry, steadfastness. Intelligence, and ingrained moral sense, — and some thing to the circumstances of its expatriation from England ; but much also to the structure of society which the first emigrants brought with them. What, then, was the structure of EngUsh society at the time of the great emigration in 1630, and how far did It reproduce Itself on American soil ? The Puri tans, better than most people, will bear the white light of truth. They do not need the glamour of romance, which they would have contemned as much as we NEW ENGLAND LIFE AND LETTERS 435 ought. Englishmen, everywhere and always strenu ous asserters of liberty, especially their own, have inconsiderately been credited with an equal passion for equality. Such, I think, has never been the case, not even with their descendants In America, until within the last fifty years. On its native soil the race ranged Itself in civil and ecclesiastical orders which no revolutions have effec tually shaken ; and as Coleridge said, in his day " the rustic whistled with equal enthusiasm ' God save the king,' and ' Britons never shall be slaves.' " This race tendency, specially marked in Virginia, with its large landed proprietors, its law of entail and of primogeniture, survived Jefferson's counterblast in the Declaration of Independence, and even the aboli tion of those laws brought about mainly through his influence. This observance of rank and this facility of ad vancement through rank and family prestige have been united in England, quite as often as In this country, with a sense of fair play which recognizes the possessor of brains, however poor In estate or low in the social scale, provided, as Burke said of him self, he shows his passport at every stage. The first comers to New England, chiefly middle- class Englishmen, brought with them the social dis tinctions of English society so far as represented in their own number. These distinctions were manifest all through their history, and have been finaUy sup pressed only in recent times. Till then one who had a grandfather was facilitated In his political aspira tions by that fact ; but now It is quite otherwise. The American Revolution made no change; that was a political, not a social revolt. The laws admitting non- 436 NEW ENGLAND LIFE AND LETTERS church-members to the franchise, and those of a later period which abolished primogeniture and divided property among all the children of an Intestate, pro bably had more Influence In equalizing the condition of people In Massachusetts than in Virginia, where landed estates, ample when divided, maintained sev eral aristocratic families sprung from one. But in Massachusetts the ruling force after the Revolution, perhaps even more than before, was personal and fam ily prestige, augmented in men distinguished In the war, or who traced their lineage to those conspicuous in colonial or provincial governments. The result, as every one knows who has lived under the old order, and as no one else can fully realize, was that the substantial governing force in society formed an aristocracy of old families. Including the parson, the squire, a few landed proprietors, and the village merchant. There were party divisions, of course ; but whichever party prevailed at the polls. Its aristocratic element controlled the government. So sudden and so recent was the transition from the old order to the new, that there are living all over New England those who can name the last old-regime governor, mayor, or selectmen, and the first of each, after the people came to the front and assumed the government ; and yet the people then hardly understood, and it is doubtful whether they fully understand now, the nature and consequences of the revolution they have Inaugurated. This change was more marked and more moment ous in New England than elsewhere, because it was simultaneous with a disturbance of economic condi tions ; and when It took place a vital force went out of society, the loss of which is felt to-day, and wiU be felt until It shall be reincorporated, as doubtless it NEW ENGLAND LIFE AND LETTERS 487 can, into the mass of those forces by which society henceforth Is to be sustained and carried forward. The loss was serious ; for never was there a better aristocracy or one more competent to govern. An aristocracy It Is true, but one which represented intel ligence, industry, and moral sense ; devoted to the pub lic weal and to the Interests of society ; and the out come of whose endeavors is manifest when the old New England towns, thus governed, are contrasted with modern factory villages, — with their crudeness, their vulgarity, their disintegration and lack of governance. I mean no Invidious distinction between .the old and the new. I note the decadence of personal and fam ily influence, and its consequences, as part of a larger fact, — its decadence everywhere, — and would direct attention thus early to the need of making good this loss by setting up in these towns other agencies, among which I include public libraries, and by re calling to an active participation In the conduct of these new Instrumentalities those who have retired from public affairs. Were this revolution confined to New England, It might be accounted for by the decline of agriculture, and the flocking to the cities of young men who for merly remained In the country towns, and were their best society, their strength, and their prosperity. But there must have been other causes ; for the same re volution is now going on in old England as in New England, and with scarcely less rapidity in the rich agricultural West. Everywhere is the same disposi tion to give up the simple, wholesome life of the coun try for the excitements, the occasional prizes, and the more frequent disappointments of the cities. Deplore this as we may, we cannot return to old 438 NEW ENGLAND LIFE AND LETTERS ways or old measures. Arrest the movement ; let agriculture become as remunerative here as in the West ; caU back to the country towns from the great cities the most enterprising of those who have gone thither; reproduce every circumstance and condition which existed forty years ago In these towns, even to the resurrection from their graves. In the prime of life and in the fullness of their strength, of the same men and women who built up the admirable structures of New England towns ; they would be as powerless to reconstruct society in them on the old basis as we are. They could not do it here ; they could not do it In the fertile West. No. The old New England towns, as they existed forty years ago, have gone forever. They may return in some new world, as a stage of its development ; but In this, never, — we shall repose In the Garden of Eden as soon ! Well, then. If the old have gone, we must build anew ; for whether New England is to con tinue New England or is to become New Ireland, so long as her mountains stand, and her rivers run, and human nature Is the same, she will still remain the abode of wise and prosperous people. Her past as sures her future. But we must understand the extent and significance of the revolution now beginning to be felt as never before, and of which the decadence of New England towns and the change of society In them are only in cidents, — a revolution which everywhere has turned the currents of society into new channels, modified the thoughts and purposes of people on a great variety of subjects, impaired the force of Influences and mo tives once powerful, and the nature of which — what it promises or what it portends — excites solicitude NEW ENGLAND LIFE AND LETTERS 439 among those who wish well to society, and hope among those who do not ! Call this change the elevation of the masses, or their emancipation from political and ecclesiastical leader ship, or the advent of democracy, — whatever it Is, whether we regard it with hope or with foreboding, we ought to know what it has effected thus far — for the end Is not yet — and what it promises or threatens in the future. It is something practical, and will lead to practical results. Three hundred years ago, the proposition by Copernicus of a theory which relegated the earth from its usurped centre of the universe to a secondary place among the planets, though the largest astronomical fact of the ages, could be accepted or let alone with out apparent consequences. Ships sailed the seas as 'before. The husbandman rose with the sun, and went to his bed with Its setting; he sowed his seed, and ploughed, and reaped, and gathered the fruits of his toil, as his fathers had done frora the beginning. Poets still used the old imagery, — " 'T was Jupiter who brought whate'er was good, And Venus who brought everything that 's fair," — and no perceptible change appeared in literature. When the Reformation came, though It was of more ecclesiastical significance, the unthinking cared little whether the vicegerency of God had been committed to Leo X. or to Henry VIII. But now everybody thinks, after a fashion, and the advent of democracy Is quite another affair. It means business, and will neither let alone nor be let alone. Yet by what slow and uncertain steps the people moved to their objective point, and how recently they have known just what they mean ! The democratic 440 NEW ENGLAND LIFE AND LETTERS si^Irlt, at first ecclesiastical rather than political or so cial, manifested itself with the Reformation, and has been growing ever since. In the mean time Bacon gave his " Great Instauratlon " to the world, and Harvey demonstrated the circulation of the blood, and one or two kings lost their heads, and more, their crovms, the meaning of which was clear enough ; but few people at the end of three hundred years seemed to understand the meaning of democracy. Jefferson stood alone. When our forefathers came to New Eng land, democracy was hardly a cardinal principle of their institutions. They rejected the divine right of kings, and more strenuously that of episcopal ordina tion, as opposed to their own rights ; but their notions of the rights of men, certainly of other men, were vague. In the leading New England colony, for the first sixty years only members of the established' church could vote ; and for the next hundred and fifty years the dominant church, supported by town taxes, was an oligarchy, equally powerful, even when op posed. In secular as In ecclesiastical affairs. It Is only within the memory of some now living that the people have Insisted on a really democratic system ; for long after It became nominally democratic, the practice was oligarchical. But It is different now. Those who once governed are In the back seats ; the people are in the front, and the government Is In their hands. What will they do with it ? Civilization is In their hands ; what will they do with that ? The answer may be uncertain ; but there is one thing about which there Is no doubt, — a new order has come, and come to stay ! Doubtless the old political and ecclesiastical leaders were wise, God-fearing men and women, and compare NEW ENGLAND LIFE AND LETTERS 441 favorably with those who have ousted them from place and power. Nevertheless, as an order, they have gone, and forever. Thus far I have spoken chiefly of the decadence of towns, the shifting of political forces from the few to the many, and the loss — I hope it is only in abey ance — of personal prestige as a force in society. But I think we should take a wider view, and one that covers a longer period, not merely from historical curi osity, but to gain clearer notions of facts and tenden cies, that we may understand their significance and adjust ourselves to them without loss of time. We may note specific changes, each distinct In itself, but all parts of a general change, more apparent when traced In particular Instances. Some of us recollect, for example, when the great East India merchants, and after them the great man ufacturers, dominated New England not so much by their wealth as by their aristocratic pretension. Now, as such, they are without prestige, though no doubt powerful In the possession of vast capital ; and the great monopolist of our day, the result of exceptional and temporary causes, must go, — go soon ! Under the old regime the man behind an Institution was more than the institution itself, or at least was its most powerful agent. Edwards, Chauncy, Hopkins, Dwight, Emmons, Woods, and Channing, when they no longer catechised the children and performed gen eral police duty as guardians of morals and manners. Impressed themselves on creeds which the people ac cepted. To-day children in the Sunday school, greatly to their loss, are less under the Immediate Influence of the clergy ; and with here and there an exception, the pulpit speaks the sentiments, not of the church 442 NEW ENGLAND LIFE AND LETTERS alone, but of the pews as well, or it Is silenced. The schoolmaster, who once dominated the school and the school committee and the school district, especially if he " boarded round," is now strait-jacketed by a sys tem and a curriculum, like a horse in a treadmill. Some of us recollect when " Father Ritchie " personi fied the " Richmond Enquirer," and when people asked. What does Greeley say ? or Bennett ? or Ray mond? — not the "Tribune," the "Herald," or the " Times." But who cares now for editorial opinion, save as it represents a constituency? The great per sonal editors made public sentiment ; the modern Im personal journal expresses it, for now people have come to entertain opinions of their own and indulge in aspirations. It Is so elsewhere. In its palmy days the " London Times " was influential in forming public opinion, and in respect to the conduct of affairs, because it repre sented the ranks which then governed England, — the aristocratic sentiment gathered at the club. In the drawing-room, at the dinner-table of a minister, or from local magnates Inthe counties. Then public sen timent was that of the few, not that of the many ; now the editorial " we," If a power, expresses the average opinion of the great middle-class of English society, and must soon take account of the proletariat classes. Journalism has become Impersonal ; and so has literature. Shakespeare, of whom we know so little, must have been well known at Stratford and at the " Globe." No doubt he discussed bucolics with farmers on the Avon ; and at the theatre, play wrights, actors, supernumeraries, hangers - on, wits about town, and link-boys hung on his lips, observed his ways, and were under the influence of his per- NEW ENGLAND LIFE AND LETTERS 443 sonal charm ; otherwise we should lack Jonson's lov ing account of him. Much — and just what we would like to know — each took and gave, in which the tap ster had his share, when Ben and his roisterers made a night of it at the " Mermaid." We learn from Drummond of Hawthornden, how Ben could talk when he would ! Bacon and Milton, as studious men, no doubt secluded themselves from the Bohe mians ; but each impressed the people of his time. And we shaU never know how much Queen Anne's literature owes to the good things said by Dryden to the Steeles, the Addlsons, the Wycherleys, and the Congreves, as they thronged about his chair at " Will's," — perhaps more than to his poems and dramas. At " The Club," Johnson, Burke, and Rey nolds came to close quarters. There was no flinch ing, no withholding tlieir best thoughts for publica tion ; and, as we see In Boswell, each was better than his books, and how much the books of each gained from the conversation of all ! To Burke, Fox was indebted for his political philosophy ; and In Burke, who owed to others less than most men, we see here and there one of Johnson's thoughts. Literature grows thin and colorless when it is dis- tiUed from books. Its true Inspiration Is in men and in nature. Leigh Hunt's regret that he had not hunted up Coleridge at Highgate when he might, and drawn from his Inexhaustible thought and Imagina tion, was rational, though too late. No doubt literary people — and for that matter all sorts of people — have their clubs nowadays, and mix in society as formerly, yet with a difference. They sally forth to get, not to give. Fancy one of them scattering costly seed to fall perchance into an- 444 NEW ENGLAND LIFE AND LETTERS other man's ground, there to spring up and bear fruit to be gathered into his garner ! " I really believe," says the Autocrat of the Breakfast Table, " some people save their best thoughts, as being too precious for conversation. What do you think an admiring friend said the other day to one that was talking good things, — good enough to print ? ' Why,' said he, ' you are wasting merchantable literature, a cash arti cle, at the rate, as nearly as I can tell, of fifty doUars an hour.' " Literary people to-day are delightful In society, and say their good things as formerly ; but each Is labeled "All rights reserved," as the un scrupulous appropriator of a seeming waif finds, for the lawful proprietor was quoting from the proof- sheets of his next volume or magazine article ! On our part we are as curious as people ever were to know our literary magnates. We get one of them Into a corner ; we fancy we are studying him ; we go away delighted: but the chances are that he was studying us, and that we shall behold our distorted lineaments in his next novel. Tiger-hunting no doubt Is an ex citing sport ; but It makes some difference, I am told, whether you hunt the tiger or the tiger hunts you ! Now, I need not say to one sixty years old, how dif ferent all this was when boys and girls formed them selves on the parson, the squire, the schoolmaster, the schoolmistress, " the fine old gentleman," or " the lady of the old school," — of which no town had more ad mirable examples than Brattleborough, — each a glass of fashion or a mould of form. Then the man of learning or travel or of special gifts held all in trust for the society in which he lived. I think we now recognize the great change which has taken place In all departments of thought and NEW ENGLAND LIFE AND LETTERS 445 action, with the loss which has followed the elimina tion of personal influence, though only partial, as a power In education, manners, and conduct, and begin to be solicitous In respect to consequences as well as to the means by which the loss can be repaired. What is the real state of the case ? Whence comes this new sense of power in the people ? Have they discarded old beliefs and old leaders, and determined to set up for themselves on new lines ; or Is it merely a general movement of society in which the people, in their haste to get on, have outrun their slower guides ? Coleridge expresses the old notion, and his aversion to the new which was beginning to appear in his time. " Statesmen should know," he says, "that a learned class is an essential element of a state, at least of a Christian state. But you work for general illumination. You begin with the attempt to popularize learning and philosophy ; but you will end with the plebification of knowledge. A true philoso phy in the learned class is essential to a true religious feeling in all classes." We owe a great deal to Coleridge. His poetry is of the best ; his critical system we accept ; and we find much to our purpose in his ethical philosophy. But he believed that the diffusion of knowledge weakened knowledge, just as he regarded the cosmopolitan spirit as incompatible with patriotism ; nor did he think that the people, unaided by a select class of learned men, could save learning or religion or the state.^ Against all this the people seem to be in revolt, and we must side with the people. In all matters, theological, political, or educational, they will think and act for themselves ; that Is what the new order of 1 The Friend, Essay ix. 446 NEW ENGLAND LIFE AND LETTERS things means. They may make sorry work of It for a time ; and looking at results thus far, they might be better off were their thinking done for them as for merly. But this Is a shallow view of the matter. We must accept the fact that knowledge, both secular and ecclesiastical, is being popularized, and have faith that society will get on, nevertheless, and find the new order not only tolerable but conformable to the divine will, and therefore to its highest interests. In the change from the old to the new there may be tem porary loss and confusion. This is to be expected. Just now we are like sheep without a shepherd. Who leads one party as Jackson did, or the other party as Clay did ? Where Is the great leader of a denomina tion like the elder Beecher, or Ware, or Woods, or Channing ? Whose literary canons are accepted as final? We find nowhere, I suspect, the wise domi nating personal Influences once found In every com munity. Bosses are obstreperous ; but they are nei ther the people nor of the people, and will subside. In this transition state, with the old house pulled down about our ears before the new is ready to re ceive us, things are uncomfortable enough. But this Is quite in the ordinary course of things. No farmer who all his life has handled hoes and scythes and rakes ever takes kindly to the machines which dis place the old-fashioned implements ; but his boys do. And I wonder If one who " parsed " and " ciphered " and picked up his knowledge In the fashion of the old district school, and with excellent results, ever saw the children In a graded school come out In platoons, dis charge their volleys, and fall back with the precision of military drill, without misgivings as to the develop ment of Individual character. NEW ENGLAND LIFE AND LETTERS 447 Our fears are often more serious than their realiza tion. We ought to take some pains, therefore, to learn the direction of the stream by which we stand shivering. We call the new order the advent of democracy. That does not help but rather frightens us, unless we come to a clearer understanding of democracy. If we mean the party which calls Itself by that name, then with all good Republicans I be wail the future of our country. If, on the contrary, we mean the party with the other name, then I join all good Democrats in deprecating Its return to power. I mean something which the leaders of both parties hate with equal cordiality. Whatever form demo cracy may ultimately take, I think It does not now mean socialism, nor communism, nor, least of all, anarchy. So far we may trust the Immutable prin ciples of human nature. No power less than that which ordained natural laws can overturn them, or essentiaUy modify principles coeval with the race. Nor, on the other hand, can the natural development of human rights be arrested. I think we may say that democracy will not be content with the mere right to acquire and hold pro perty free from the exactions of privileged classes, nor to exercise the franchise and be eligible to office, nor to be equal before any law less comprehensive and beneficial than the moral law. First of aU, it will demand liberty, and next equality, subject only to unalterable limitations. It will recognize private property rightfully acquired, but will claim public property as a trust sacredly to be administered for the benefit of all ; and will regard as public property all which has accrued to the state or to society by the procession of time, or from the labors of statesmen 448 NEW ENGLAND LIFE AND LETTERS and philanthropists, or from the genius of inventors, or from the skill of artists, or from the songs of poets, or from the prayers of saints, or from the faith of martyrs, together with all those select and benign influences which have come Into the life of man, hitherto engrossed by the well-born, the fortunate, and the righteous, but henceforth to be entered into and enjoyed equally by those who are poor or unfor tunate or sinful, and by each to the fullest extent of his necessities or his desires, limited only by the equal rights of others. It Is opposed to the law of the strongest, • — if there is such a law, — and to the law of the fittest, — if by fittest Is meant one more capable than another to monopolize and enjoy In a high degree those things which all may enjoy in some degree. If libraries, galleries, and museums are of value to the cultured by reason of their culture, then they must be multiplied and so administered as to conduce to the culture and consequent enjoyment of the un fortunate, hitherto little considered. If they are a solace to the refined, they ought also to minister to the coarse and the unlettered. While we live under the law of Christ we should strive for its fulfillment. It Is all sufficing for society as well as for Individuals ; nor can we ever safely forget that the lamp of Chris tendom, unfed by the oil that is the Light of the world, will pale and flicker and go out, and there will be darkness over all the land ! And though there are difficulties In applying this law, or In enforcing the Inalienable rights of man as formulated by Jeffer son, nevertheless we will remember that the advance of the church has' always been along the line of high est endeavor ; nor do I think it extravagant to say NEW ENGLAND LIFE AND LETTERS 449 that the better condition of mankind, so far as it has been brought about by the modification of political institutions and of the modes of administration, is due, more than to any other human cause, to the " glitter ing generalities " of Jefferson. Therefore we will set up high ideals ; therefore we will attempt the impossi ble, for only thus shall we achieve the highest at tainable. If, now, we recognize In the new order some loss of those influences by which society was sustained and carried forward, and if we have adequate notions as to the just rights and demands of democracy, then we must attend to the Instrumentalities by which we hope to supply the place of those which have passed away, and consider how, under new conditions, we may carry forward civilization which, as never before, Is to be of and for the people. New England once taught the old democracy that resistance to tyrants Is obedience to God. That was the work of her Otises, her Adamses, and their compatriots. Once more she must lead In a revolution more momentous than the first. Decaying towns, abandoned churches, and dilap idated schoolhouses reproach the civilization which cost our fathers dear. This reproach must be taken away. Cultured men and women, affronted by the rudeness of the lower classes, have retired from the contest with disgust. They must return to duty. The army of God, now broken and dispersed, must close ranks and rally around a common standard. Not against each other, but against a common foe, let the temper of sword and shield be tested. You know what people are thinking about ; and you know it is not the Trinity, nor a mode of baptism, nor the pro bation of a future life. No; it is questions more 450 NEW ENGLAND LIFE AND LETTERS fundamental than these. And next to these funda mental questions is the question how to save New England to Christianity and to civilization. FIve-and-forty years ago, when it was found that the old district schools in this village were yielding unsatisfactory results, by the advice of some of your leading men, and aided by legislative action sought for the purpose, your fathers set up for the first time In this State a graded school, which, successful here, was the pioneer of those now existing in aU your larger viUages. With equal wisdom George J. Brooks — so lately one of your esteemed citizens, now among your hon ored dead — considered the requirements of the new order of things, and with munificent liberality has given you an Institution which connects Itself with your churches and your schools, and which, wisely administered, wiU be a power for civilization scarcely less influential. Its adjustment so as to work harmoniously and efficiently with existing institutions may be slow. Some mistakes will be inevitable ; but they should be few. Everybody knows that organizations exist throughout the country for promoting common-school education and for the encouragement of teachers ; but I think It Is less generally known that In Great Britain and In the United States there are similar or ganizations designed to promote the establishment and conduct of libraries, — mainly, of free public libraries. Our own is called the American Library Association, which maintains a journal, now entering upon its twelfth year, in which are to be found the papers and discussions of experts on every conceivable question of Ubrary economy and administration, elicited during NEW ENGLAND LIFE AND LETTERS 451 the annual three days' sessions, constituting a body of literature which cannot prudently be overlooked by those concerned in the management of libraries. The new order is fairly Inaugurated. But In tak ing leave of the old order and entering upon the new under such auspicious circumstances, I am not willing to be understood as saying, since I am far from think ing, that the time ever will be when the personal influence of noble men and women will fall — " To give us manners, virtue, freedom, power," or that it will be of smaU account In the upbuilding and maintenance of that state of society in which alone life Is worth living. What I wish to say is that with the advance of general education the influ ence of exceptionally cultured persons, apart from the people and above them, will probably not be so much felt as heretofore, except in giving direction and efficiency to organized forces, like churches, schools, and libraries. Brattleborough has entered upon the new order. Her free public library receives cordial greetings from sister libraries as one more of those institutions which bring on the beneficent ages. Al ways known as one of the most beautiful of the river towns, and as the abode of Intelligent and refijied people, so she will continue to be known in the larger life upon which she enters to-day. She has lost one of her most esteemed citizens, — him whom she re spected for his public spirit, his pure character, and his dally life, — him for whom she mourns as one that Is dead. But what continuance of character and of example will be his ! What ages wIU partake of his liberality ; what succession of children will cherish his memory; what generations of ' men and women will owe to him higher, richer, happier lives ! 452 NEW ENGLAND LIFE AND LETTERS I have mentioned some indications of a revolution now in progress, thus far proceeding by constitutional methods and without shock to weU-regulated sensibili ties, which has already shifted the power of govern ment from the few to the many, shaken the partition walls which divide sects, popularized science, art, and literature, Impaired personal and social prestige, and led to popular organization of forces once wielded by individuals, — a revolution which, though pending for centuries, was dimly seen in its approach and imper fectly apprehended In its results or In Its tendency, — a revolution which, as I have said, may prove to be the most momentous In recorded history. This revolution is contemporaneous with causes in operation which have diminished the agricultural prosperity, reduced the population, and clouded the future of our New England towns. What then ? Is It expected that free public libra ries will rectify whatever Is amiss in society or arrest the operation of economic laws ? Certainly not. But may we not reasonably hope that they will take the place, in part at least, of forces fallen into decadence ; that their establishment will be In conformity with a manifest Intent of the people to organize themselves into all those forms of instrumentality which may promote Intelligence, virtue, liberty, and equality ; that the successful organization of the people for the maintenance of free public libraries wiU lead to their organization In all departments of human interest, and demonstrate that the whole people, thus organ ized, are wiser than any fraction of the people, how ever wise or cultured or virtuously disposed; and that. In making science and literature free and acces sible, one step has been taken towards equalizing the NEW ENGLAND LIFE AND LETTERS 453 conditions which enable all to enter Into and enjoy those privileges to which all are entitled, and which, when entered Into and enjoyed, become a force for the development of the industrial, intellectual, and moral resources of the community? New England holds the graves of the ancestors of no Inconsiderable part of the people of the United States ; and never can her prosperity be a matter of indifference to their posterity, even In remote genera tions. They will come hither on pious pilgrimages ; nor to them will her hills and mountains, her pure air and beautiful rivers, be less attractive by the pre sence of free schools, free churches, and free public libraries. I have, I trust, no disposition to magnify the Im portance of free public libraries ; but there are some facts, In my judgment, which have not been duly con sidered, and to which I shall presently advert, tend ing to show that the power of literature for the de velopment of exact and productive thought, and for inspiring sentiments which go to the making' of a great people, has not had a fair trial In New Eng land. At the dedication of the new library building at Dartmouth College the other day, I gave some rea sons for believing that great libraries at the centres of art, science, and literature will, under the condi tions of our American Ufe, probably be powerful Incentives and agencies of our progress in those departments of thought and achievement ; and I now ask your attention to the fact that the present activ ity, in which our best critics discern a literary revival, is coincident with the diffusion of literature within the last forty years among the j^eople, and that with 454 NEW ENGLAND LIFE AND LETTERS its wider diffusion by the means of public libraries In all our towns we may reasonably expect even more gratifying results. This calls for a brief review of the literary history of New England. And if you listen to it without surprise. It must be because you are better Informed as to the facts than I was when I began to look Into them. The New England born have from the beginning been an educated people ; and it has been generally supposed that their literary culture was up to the level of their general ability and intellectual training. I think the fact Is other wise. Neither Pilgrims nor Puritans were literary people, nor with a few exceptions were they highly educated people. They were mainly English farmers living remote from literary centres, and having neither means nor disposition to go beyond the Eng lish parochial education of those days. At their emi gration they were led by some very able and learned men, — graduates of Cambridge and Oxford, — whose studies were chiefly Biblical and polemical, and whose culture had been classical rather than English. There is no evidence that they quaffed at Chaucer's pure well, or had the slightest acquaintance with the dra matists of the Elizabethan period. Nor would this have been likely with men who regarded much of that literature as licentious, some of It even as blas phemous, — to say nothing of Shakespeare's floutings of the Puritans and Brownists, — and all of it as Idle for clergymen absorbed In the great Puritan Reforma tion, or in deadly conflict with Laud and the High Commission, — Idle for those ejected from their liv ings or fleeing from the processes of the Star Cham ber, with no place to lay their heads. That was no time for such men to lend their ears — even If they NEW ENGLAND LIFE AND LETTERS 455 had not, like Prynne, left them in the pillory — to Marlowe, Shakespeare, Jonson, or Beaumont and Fletcher. This likelihood is made certainty by the absence in their writings of quotations from these authors, or of allusion to them.^ They are not known to have had a single copy of either In their new homes, and how deeply they had quaffed at their stimulating fountains while in the old home may be guessed if we read the Bay Psalm Book version of these Oxford and Cambridge graduates by which they displaced the comparatively sublime and poetical ren derings of Sternhold and Hopkins. So was it with the first emigrants ; with their children of the first and second generations, it was worse.^ We have their poetry, and from the lists of their books which have been preserved we know what they read, — Latin poets, polemical divinity, history, public law, commentaries, and concordances. Before 1700 there was not In Massachusetts, so far as Is known, a copy of Shakespeare's or of Milton's ^ poems ; and as late as 1723, whatever may have been in pri vate hands. Harvard College Library lacked Addison, Atterbury, Bolingbroke, Dryden, Gay, Locke, Pope, Prior, Steele, Swift, and Young.* As we approach the American Revolution, we find a better state of things ; but even then, as the gravity 1 The earliest quotation from Shakespeare found in the series of Massachusetts Election Sermons is by Zabdiel Adams in 1782 ; and that is a misquotation, 2 J, W, Dean says of Michael Wigglesworth's library, " Of classical literature there is little, and of English belles-lettres nothing. But what wUl excite most surprise is the dearth of poetry," — Memoir of Wigglesworth, 2d ed,, 130, 8 Doyle's English in America, ii, 488, * Palfrey's History, iv, 384 n. ; v. 318 n. ; Memorial History of Bos ton, i. 455. 456 NEW ENGLAND LIFE AND LETTERS of their situation would lead us to expect, scholars were devoted to ecclesiasticism, politics, and constitu tional law rather than to literature.^ They had Shake speare and Milton ; but so little in popular demand were these writers that the first was not reprinted in New England until 1802-1804, nor do I find the sec ond until 1796, though It was found twenty years earlier In Philadelphia.^ The splendid outburst of English song in the first quarter of this century found no echo among our New England hills. Exceptional communities, like that of Brattleborough, doubtless there were ; but the average literary taste was not high for a people edu cated and trained to habits of close thinking on some subjects. Joel Barlow, Timothy Dwight, and Mercy Warren ^ adequately expressed the poetic feeling of New England, — and In such poetry ! The literature of England, as a whole, was a sealed book to them. They were an English speaking people in the nine teenth century without Richardson, Fielding, Smollett, Frances Burney, William Godwin, or Jane Austen, or the poets later than Cowper. Of French and German literature they knew nothing until long afterwards. But let those who can speak from observation com pare the literary furnishing of a New England village about 1830 with that of the same viUage in 1850. At the former period there were in many country villages small collections of books, without literary value ; but in the homes of prosperous yeomen, me chanics, and tradesmen there was little native fiction, ¦' Brougham's Colonial Policy, i, 64. ^ Mr, James M, Hubbard, formerly of the Boston Public Library, reminds me that several plays, among them ' ' Hamlet " and " Twelfth Night," were printed in Boston in 1794, " Tudor's Life of Otis, 23, NEW ENGLAND LIFE AND LETTERS 457 save " Eliza Wharton " and " Alonzo and Melissa ; " and few English reprints, save " Robinson Crusoe," "Charlotte Temple," the "Scottish Chiefs," and " Thaddeus of Warsaw ; " while their poetry, if any they had, was Young's " Night Thoughts," Thomson's "Seasons," Pope's "Essay on Man," Cowper's " Task," and, occasionaUy to be seen, " Paradise Lost." This was excellent reading, of course ; but they had nothing of Coleridge, Wordsworth, Shelley, Keats, or, save surreptitiously, Byron, — those whose song en riched English literature, and stimulated the thought of their English brethren to a degree and in a direc tion before unknown.^ This dearth of literature was less extraordinary than the limited range of their thought outside of theology, politics, and economical affairs, in which, It Is but just to say, they have seldom been surpassed or equaled, — certainly not by the present generation. The fact is that down to that time they had lived under ex ceptional conditions. Remote from those influences which on their native soil had developed the songs, the folk-lore, and the fairy tales of the common peo ple, remote also from the literature of the race, and engaged in conflicts which engrossed all their facul ties, they were obliged to await more favorable condi tions for taking up and carrying forward Its literature. The result of this state of things could hardly fail to appear In the culture and literary product of New England life ; and It is no marvel that the people did not keep pace with their kindred In the old home who at the same period were producing a literature , In all departments which compares favorably with that of any age. 1 Henry Adams's History of the United States, i, ch, 3. 458 NEW ENGLAND LIFE AND LETTERS A change in the people — for I am not speaking of literary centres or of exceptionally favored individu als, nor do I wish to be misunderstood on this point — was apparent as early as 1850, and has become more marked with each succeeding year. Now books are everywhere ; no cottage so poor as to lack them ; thought Is free, discursive, and beginning to be pro ductive. There is movement in the tree-tops. The sun Is up : it shines on the prairies ; it gilds the great mountains, and rises where our sun descends, on the shores of the Pacific. The heavens are flooded with light. A new world of thought Is opened, and the land is stimulated to Its investigation. This change must be accounted for. No doubt the causes are many ; but it is noticeable that it began to appear simultaneously with the extraordinary activity, forty years ago, of the great publishing houses of Bos ton, New York, and Philadelphia in their reprints of the best English authors and reviews. In which, al most as soon as our kindred In rural England, we read the brilliant essays of Macaulay, Carlyle, Jeffrey, Brougham, and Mackintosh. Now I hope you will believe that this revival of the literary spirit among a people who claim Shakespeare and Milton as theirs is due in part at least, though only In part, to the dissemination of good literature. The abundance of books stimulated the multiplication of libraries ; libra ries, the Increase of books ; and both, of reading ; but all to what good end ? It is a fair question ; indeed. It Is a wise one. In considering the value of books as a productive force In the creation of a genuine liter ature sprung from the soil, — and none other can be genuine, — I am, I suppose, committed to a favora ble opinion of them, since it is with them especially NEW ENGLAND LIFE AND LETTERS 459 that my life is occupied ; but I hope that I am not unmindful of the danger of their Indiscriminate use, or of a too slavish reliance upon them for Inspiration, for substance, or for form of literature. Victor Hugo asks : " What has the human race been since the beginning of time ? A reader. For a long time he has spelled ; he spells yet ; soon he will read. . . . Henceforth all human advancement will be accom plished by swelling the legions of those who read. . . . The human race Is at last on the point of spread ing the book wide open." In this newly acquired faculty of reading, and In legions of readers, and In books wide open, Victor Hugo discerns the hope of the world ; and at these Coleridge stands aghast. We wiU endeavor to be more rational than either. After all that can be said in favor of disseminating good Uterature among the people, why not leave it, as most other things are left, to the operation of econo mic laws ? If the people want books, they will have them ; If not, why force them to read ? In the first place, the reasonable desires of many people are in excess of their means ; and in the next place, books aggregated and easily accessible have a power denied to them when dispersed. A library well selected and wisely administered Is an organism with a life and purpose of Its own. Such an organism rises here un der the potent wand of Mr. Brooks. To it flock the mighty spirits of the past, — spirits mighty by their knowledge and by their wisdom, poets mighty by their gift of song, — and to it will flock those who In the future contribute to the instruction or deUght of man kind, and here will dwell wisdom and beauty to enrich with wisdom and beauty all who shall come hither. I have said little, nor do I Intend to say more, in 460 NEW ENGLAND LIFE AND LETTERS respect to the obvious advantages to be derived from free public access to a large body of excellent read ing, either for instruction or amusement ; nor to dwell upon the fact that free public libraries may be justly regarded as the complement and crowning glory of our free common schools. Granting all that may be said In behalf of the dissemination and free use of good literature, I confess that I am more solicitous about the likelihood of Its stimulating that original thought of the people which will find Its expression In literature ; and all the more solicitous am I, because, when compared with what we have done in theology, speculative thought, jurisprudence, constitutional pol itics, and science, the product of our Imaginative liter ature is chiefly conspicuous by its absence. W^hat, then, may be fairly expected of free public libraries in stimulating the production of an original Uterature ? The literature of New England thus far presents three phases, two of which, like " the new moon with the old moon in her arms," are contempo raneous, while the third is like that orb risen just above the horizon. The first, not copious but rich in quality, expresses the homely genuine thought and feeling of New England people, — the outcome of secluded life among her hiUs and valleys ; the second, the result of the high culture of exceptional, not re presentative, men and women, though pure in color, excellent In form, and of high literary merit, expresses little save the sentiment of its authors ; while the third, richer than either with the thought of the peo ple stimulated by literature disseminated among them, and now united with the lately inspired feeling of na tionality, gives promise of a genuine native literature. In the creation of this literature springing from the NEW ENGLAND LIFE AND LETTERS 461 people — and none other is worthy of the name — I think our public libraries are to have an important influence. If literature is to have the stimulating and produc tive energy in the future which I have claimed for It during the last forty years, augmented by its concen tration here In a living organism, let us consider with what purpose we ought to repair to it, and what and how we ought to read. This library Is primarily a literary institution, designed, as are all such Institu tions, to endue the people with learning and wisdom and the sense of beauty, that they may become a foun tain from which shall flow learning and wisdom and beauty in unending succession. No literature other than what Is the sincere expres sion of genuine thoughts and feelings which the race recognize as their own Is likely to have continuance or essential power. Form, expression, and graces of style change and fall away ; substance alone endures. Under the circumstances which produced much of our own literature serious defects could hardly have been avoided. Let us recall the worst that has been said of it ; since for our purposes the worst, in Its un compromising form. Is better than that balanced judg ment wherein truth Is found. It has been said, then, that our literature as a whole Is not the outcome of earnest literary life, that It expresses no deeply seated national sentiment, that it has been Inspired by no great occasions moving the national heart, that It came in answer to no call, but Is the result of a " Go to, let us make a literature ; " and that its garb. In the absence of a national costume. Is a copy of foreign fashion-plates, — a study of old clothes ! ^ 1 See W. J. Stillman in Atlantic Monthly, November, 1891, 689, 691. 462 NEW ENGLAND LIFE AND LETTERS The grain of truth in this sweeping judgment is no doubt this, — that our literature lacks sincerity ; and If so, then It Is you and I and such as we who must bring about a different state of things. A genuine literature expresses the genuine feelings of the jjeople from whom it springs. It Is sincere ; It has a purpose, and It Is subject to verification. We have, or are soon to have, a library ample for all reasonable uses. To the wisdom of the past It will add the wisdom of the present. What should we learn from It ? Perhaps, in this day of unrest, of un settled opinions and uncertain looking forward Into the future, we desire most of all to know how life, with Its problems which perplex us or strike us in a certain way, has struck another wiser than we are. If he has vn-Itten a sincere book, we should be in a fair way to know. It may be history, epic, drama, poetry, or song ; no matter which, provided the thought and its expression be sincere. Sincerity In a book or work of art Is no less admirable than In a living soul, and it is no less rare, — absolute sincerity, no concealment of essential thought, no posing for effect, no words for rhetoric. Therefore for my own welfare I shaU read only sincere books ; and so ought those from whom may be expected the future literature of America ; and so ought those whose lives will go to form the national life and character, out of which that litera ture — if we are to have one worthy of the name — must spring. My " Hundred Best Books, " other things being equal, would be the hundred most sin cere books. Now that the people are the governing force, and are more and more shaping public sentiment on a great variety of subjects, they should not only be sin- NEW ENGLAND LIFE AND LETTERS 463 cere, but well and accurately Informed. Our educa tion, politics, and literature within the last generation have been somewhat sentimental and sensational, and with this result, — that our best thoughts and our best books are lacking in accuracy ; and accuracy, it must not be forgotten, is required of a song as much as of the multipllcatlou table. There are books — such as Homer, for example — which teU us in the most splendid poetry, but none the less accurately because In poetry, how people lived and what they thought and how they felt three hundred or three thousand years ago ; and there are others, well enough as poetry, which place such matters in a false or inac curate light, and should therefore be avoided. A little exercise of the critical faculty and of common sense will enable us to say what books are sincere and ac curate. So I would select for my reading accurate books', as accurate and as sincere as a dictionary. I know some very wise people who use books as they use dictionaries, and why not ? Your library, in mul tifariousness and completeness of knowledge, wiU be not unlike a dictionary; and that Is one advantage which a public library has over a private collection. From sheer necessity we must select from the gi-eat mass of books those most to our purpose. Why not select such parts of each? We go to a dictionary with set and definite purpose to find accurate, sincere answers In respect to some particular word, — not ten words or twenty words, at the same time. What would be more rational than to use other books — as histories, poems, or songs — in the same way ? There is high authority for something like this. I once saw a course of study drawn up by Rufus Choate for a law student. It contained few entire books, but parts 464 NEW ENGLAND LIFE AND LETTERS of some volumes, and even a single chapter of others. I am sure that I shaU not be understood as recom mending reading without a weU-considered plan. I am far from that, and so was Mr. Choate. Formerly at the Dane Law School at Cambridge a course of legal study embraced a long list of books ; now it is a list of topics to be studied in all the sources of in formation.^ Indeed, this method of reading, so far from being desultory, is particular and close, and valuable In Its results ; and quite as much so in the previous preparation It Implies by way of self-exam ination. No one, unless he is Indolent, goes to a dic tionary until he has exhausted the resources of his own memory ; and so no one should read a book with out first asking. What do I desire to know on a given subject, and what do I already know ? There is no book to which this may not be applied ; nor is. there any way save by this directness of aim and sureness of purpose by which we can come into direct com munication with the great souls among the dead. I think this must be the true use of books, because It brings to pass the purpose of their writers, — of those sincere writers who have something to say. It also brings to pass another thing of scarcely less value. It teaches facility of access to them. One would hardly say that It costs as much to get at the thoughts of a great mind as it did to produce them ; but it would not be altogether absurd to say some thing like that. How many lives have been given to the study of Homer ; what generations of men have been sounding the depth of Shakespeare's thought, and how many ages will pass before the depth wiU be reached ! No one ever partially penetrated the ^ H, B. Adams's Life and Writings of Jared Sparks, ii. 364. NEW ENGLAND LIFE AND LETTERS 465 recesses of Shakespeare's mind without acquiring something of his penetration ; no one ever ascended the height which Milton trod without becoming suf fused with the glory which rested upon his head. If one object of reading is to bring ourselves into relations with minds broader and richer than our own, another Is to bring ourselves into harmony with man kind, or at least our countrymen, with whom we have agreed to live and to work for the perfection and defense of democratic institutions, and to refute Cole ridge by showing that democracy can think, — think broadly, deeply, and wisely ; that It can feel and as pire, delight in visions of glory, see aU that poets have seen, and imagine and express all that artists have conceived or wrought by form or color. To this end I would read those books which are not only sincere and accurate, but those which treat sub jects with breadth of view. At best our thoughts are cramped, narrow, and prejudiced, and we should court familiarity with opposite qualities and tendencies. I have selected from the many desirable qualities of books those which appertain to greatness of char acter, without which we cannot become a people great in affairs, nor learned In the sciences, nor cultured In the arts ; but with these qualities, united to the genius of the English race, and to what our Celtic brethren contribute to the common stock, a free, equal, edu cated, and cultured people, we may revive the glories of the best ages. The people have come to the front ; and who are the people? Certainly not alone the ignorant, the debased, and the spoilers. They Include all the wise, the cultured, and the righteous as well. The real democracy, thus made up, must prove its right to stay 466 NEW ENGLAND LIFE AND LETTERS at the front. Not less than kings and hierarchies and aristocracies in the past, we in the present are on trial. If we allow any great interest of humanity to fail, — If In our hands religion, science, art, or litera ture faU into decadence, — we must give way to those who can save them ; because human nature is stronger than democracy, and so Is religion, and so are tbose Indestructible, unconquerable principles by. which the race aspires and achieves. But there wiU be no failure, though not unlikely there will be some confusion until democracy — its old leaders gone — learns to lead Itself. To this end literature must be popularized. What has been writ ten for the few must be rewritten for the many ; it must be disseminated. Mr. Brooks has done his part ; we must do ours. These are my last words. They were written at the midnight hour and laid aside for the morning ; and when the morning came Mr. Brooks was dead. Imperfect and inadequate as they are, I cannot change them. They and the subject of them are now before another tribunal. That which Concerns us remains, with day of grace. When the shadow of the great mystery faUs upon us, as it has fallen upon our friend, may there rise up as great a cloud of witnesses who will say of us, as we say of him, " He has done his part"! IMAGINATIVE LITERATURE IN PUB LIC LIBRARIES Address at the Dedication of the Woods Memorial Library Building, Barre, Massachusetts, December 30, 1887 ADDRESS AT THE DEDICATION OF THE WOODS LIBRARY, BARRE His ExceUency has said that he came up here from the capital to-day at some personal Inconvenience, by which he means, as I conjecture, that he is busy just now in writing the message which he will deliver to the General Court next Wednesday, when he enters upon his second term of office as Governor of the Commonwealth. We all read His Excellency's inau gural address last year, and remember the commen dations it received from all parties ; and so we have high expectations regarding what he may say next week. But when we consider that about the only things the Congress of the United States and the leg islature of Massachusetts do not attend to, are pre cisely those matters which the President and the gov ernor, each in his jurisdiction, seriously urges upon their attention, it raises a question whether the gov ernor could not use his time more profitably to the people. If, instead of bestowing It on a message, he devoted that portion of it which a message costs to making throughout the Commonwealth just such prac tical, common-sense talks as he has given us to-day, to which everybody eagerly listened and will doubtless give heed ; and if so, Barre, already one of the most beautiful of towns, will become still more Interesting 470 IMAGINATIVE LITERATURE and better qualified to take up and carry forward the civilization she has received from wise and cultured ancestors. We have heard with instruction and pleasure the most excellent address of Judge Aldrich, In which he has treated such topics as the occasion suggests, with a fullness and precision which leave nothing to be added. I see no reason, therefore, why I should go over the same ground. Let me, rather, take up the pregnant suggestion which fell from the Ups of the president of your Association in his opening address. He said In substance that there are scattered through out the country perhaps hundreds of people, natives of Barre, who in their distant homes still hold the place of their birth In affectionate remembrance. This is as it should be ; for, next to God and our pa rents, we are most indebted to the place where we were born for that which goes to make up ourselves, and which, of however little account It may be to others, is everything to us, and on no account to be exchanged with another, however gifted In mind, in person, or In fortune. For had the eyes of those who are Barre-born first opened to the light of heaven in some other place ; had they elsewhere first beheld the phenomena of nature, either In their ceaseless round or In tliose sudden and occasional manifestations which impress us deeply in tender years, — they would have been In some respects different from what they now are ; and something less, unless you have proved more insensible than I believe you have been, to the influences of hills and valleys not often sur passed in their beauty ; or to air than which none Is purer ; or to skies than which none are fairer. Yes ; all these influences have entered into the life IMAGINATIVE LITERATURE 471 and character — into body, soul, and mind — of all born here, moulding, transforming, and building up what we call character, not only In Individuals, but In society as well, — that which marks the New Eng lander wherever he goes, and has given a name to New England towns in all generations. Now, unless I misconceive, or greatly overestimate the nature and power of this influence of locality upon us in the formative period of life, you natives of Barre are greatly indebted to the place of your birth. To other towns, to which some of you have gone in quest of fortune, you may be indebted for fortune, for honors, public or social ; but to Barre you are In debted for no inconsiderable part of those qualities which. If you lacked, you would willingly purchase at great price. One of those whose good fortune it was to have been born here in Barre ; one who acquired here those qualities of which I have spoken, and who, carrying them with him into a wider field of action, in due time became a member of a great commercial house known in two hemispheres for the prompt discharge of all Its obligations and for fair dealing with all its customers, to-day returns bearing gifts. Partaking the honorable sentiments of his house, and moved by a sense of the obligations to which I have referred, this gentleman has, In my judgment, taken a most exceUent way of recognizing his duty to the place where he was born and In which he was favored by those influences which did so much to form his character and guide his life. He has established a free public library for his native town. Let us consider what that imports. Had Mr. Woods so chosen, instead of establishing a library, he might have created a fund the Income of 472 IMAGINATIVE LITERATURE which should be devoted for all time to the purchase of books to be distributed among such families, or In dividuals, as found it Impracticable or Inconvenient to purchase books for themselves. In some respects such a plan would be quite as economical and would result In a dissemination of literature quite as wide as could be obtained through the Instrumentality of a library. But it would not be a public library, which possesses manifest advantages over such a plan ; and the advantage would be even greater, were Mr. Woods's fund ample to furnish, for all time, the books needed for the nicest research or to gratify the most cultured taste In any department In learning. What Is a public library ? It Is an organization the power and influence of which far transcend the power and Influence of all the separate volumes which com pose It, just as the power and Influence of a Christian church, for example, are more than the pious and de voted lives of its members. It has organized life. It has corporate existence. It lives and breathes ; has sentiency and purposes. It may be Immortal, and each year added to Its life adds to its power. Mr. Woods may feel well assured that, so long as govern ments endure and municipal bodies perform their functions, from yonder library, established by his beneficence, wiU proceed influences which will promote the welfare of the whole community of which Barre is made up, arouse the aspirations of Individuals, and afford them the means for attaining higher, richer, and happier lives ; and all this, not for one generation alone, but for unending generations. Such is the en viable power of wealth when used with intelligence and sanctified by right disposition. And now a few words In regard to Its admlnlstra- IMAGINATIVE LITERATURE 473 tion. I hope that everywhere in our country, and so here, will be recognized this fact — that all our insti tutions, in order to bring about these most valuable results in moulding the character and habits of the people, must substantially represent the public sense of the communities in which they are established. Better far to endure the consequence of some mistakes than have it otherwise. Like our schools, our churches, our politics, and our social life, so our libraries should find their countenance and support in the life of the people. They must be trusted, and we must speedily get rid of the notion that they cannot carry on the government. Within a few years the people have come to the front, and they have come to stay and to govern. And in the long run they will govern wisely ; but by the people, I mean the whole people ; not alone those who are ignorant, debased, or vicious ; but also the wise, the prosperous, and the well-disposed. There is another subject on which I wish to say something. The orator of the day has spoken of the reading of fiction, a habit now so much In vogue ; and I wish that I may speak with discrimination and pre cision, so as to convey my exact Ideas on that subject. I have great faith In Imaginative literature, when pro perly chosen, to refine and elevate. I do not, I trust, undervalue science, history, or philosophy ; but, owing to the circumstances of the planting of New England, and the subsequent life therein, its people are fairly " up," as we may say, in those departments of human thought. But there is a vast realm which Ues just below the range of those feeUngs by which we may commune with God, and just above the world of sense, — I mean the world of the Imagination, — into which, as a people, we have never very fully entered, either 474 IMAGINATIVE LITERATURE by our literature or by our daily life. The result has been that our notions in respect to the beautiful, either In art or In literature, are very crude, and our attempts to realize them very unsatisfactory. Now, our progress in this ought to keep pace with our un deniable progress in the practical arts, In science, in invention, and in the application of politics to affairs. Is there any good reason why It should not ? We are sprung from a race which has wrought great things, — nor is there any greater In the realm of the Imagi nation ; a race which calls Chaucer and Spenser and Shakespeare and Milton Its own. And if we are in danger of falling behind our kindred in the old home ; and, especially. If we are In danger of faUing into materialism and of thinking too exclusively, " What shall we eat, or what shall we drink, or wherewithal shall we be clothed," then it Is time to caU a halt in this headlong race for material things, and give more attention to those matters which serve to bring on the life which lives by the spirit. And we shaU do this, unless we are willing to see the glories of our ances tors and of our kindred beyond the sea fade and go out on New England soil. Were It in my power, therefore, I would institute such a system of education, both public and private, as would develop and bring into their legitimate use those powers which serve to raise us above, so far above, the material world that we may understand and enjoy the world of the Imagination. And In such a system a free public library would hold an Important place. Within its walls ought to be found, not only alcoves for history and science and philoso phy ; not only for forms of the literature in which Shakespeare and Milton reign supreme, but also for IMAGINATIVE LITERATURE 475 the great romancers and novelists, who have explored the recesses of human nature, made us familiar with life, and added to the sum of human happiness by leading us Into the fields of imagination. I would, therefore, have libraries so administered, and their funds so applied, that while they contribute to the dissemination of knowledge, they should at the same time open the fountains of imaginative literature which seem to be In some danger of drying up among us. I am the more concerned about this when I con sider that Imaginative literature Is the only province of art into which the circumstances of life on this side of the Atlantic permit us to enter and to live In that full and free Intercourse which makes it a productive power. The sea rolls between us aud those great masterpieces of plastic and pictorial art which are the delight of all who behold them and the despair of all who attempt to reproduce their essential qualities. But though none of us shall ever behold the glories of the Temple, and but few the remains of the Par thenon or the great cathedrals or galleries of Europe) which have done so much to keep alive the spirit of art among the people of the old world, yet we, as well as they, may hear, If we will, the songs of the Hebrew poet and the sublime epic of Homer and the trage dies of the great dramatists. Let us gather them, then. Into yonder hall, with the best which the world has since produced of imaginative literature, so that aU who enter It in this or In succeeding ages may come In contact with the richest thought and the most refined and elevated feeling of those great men who, in aU ages, have lived In the spirit and wrought by its power. 476 IMAGINATIVE LITERATURE Ladies and gentlemen, Mr. Woods has conferred a great benefit on your town. This he has done in discharge of the debt he Incurred by being born in a place singularly favored by nature, and reared in a community of noble men and women who have given it an enviable fame. See to It that In the discharge of a like obligation, you so preserve and administer the trust committed to you, that the generations to come shaU rise up and bless your names as weU as his. CAMBRIDGE, MASSACHUSETTS, U. S. A. ELECTROTYPED AND PRINTED BY h; O. HOUGHTON AND CO. YALE UNIVERSITY a39002 003576i»9i*b