9002 07126 0724 Mew England society in the ci+ Annual report. [42d] 1847. I give tneft Booh fer- tie founding if_ a. College: i/ithlj. Colony" This book was digitized by Microsoft Corporation in cooperation with Yale University Library, 2008. You may not reproduce this digitized copy ofthe book for any purpose other than for scholarship, research, educational, or, in limited quantity, personal use. You may not distribute or provide access to this digitized copy (or modified or partial versions of it) for commercial purposes. ME. HALL'S DISCOURSE BE FORK THK NEW ENGLAND SOCIETY, CITY OF NEW YORK, DBC. ZS, iwr. GEOKGE F. NESBITT, PRINTER, DISCOURSE DKLIVEBEB BEFOKE THE NEW ENGLAND SOCIETY, IN THE CITY OF NEW-YORK, DECEMBER !l% 1847. J. PRESCOTT HALL, NEW-YORK : GEORGE F. NESBITT, PRINTER. 1848. CORRESPONDENCE. New-York, December 30, 1847. Sir, In behalf of the New England Society, in the City of New- York, and in pursuance of a resolution of its Board of Officers, we thank you for the appropriate, well-considered, and very learned and eloquent Address delivered by you, before the Society, at the Tabernacle, in this City, on occasion of the recent Anniversary of the Landing of the Pil grims at Plymouth ; and earnestly request a copy for publication. We are, very truly, Your friends and servants, THOMAS FESSENDEN, , B. W. BONNEY, } Committee. S. DRAPER, Jun., To J. Prksoott Hall, Esq. New York, December 31, 1847. Gentlemen, In compliance with the request contained in your very kind note of the 30th inst., I herewith furnish a copy of the Address therein referred to, for publication ; but with no hope or belief that it merits the commendation you have been pleased to beBtow upon it. Deeply impressed with a sense of what I owe to the New England So ciety for its nattering consideration, and to yourselves, as their Com mittee, I am, Gentlemen, with very great respect, Your obedient servant, JONA. PRESCOTT HALL. To Messrs. Thomas Fessenden, ) B. W. Bonnet, > Committee. S. Draper, Jdn., Esqrs., ) 1* DISCOURSE. To trace the rise and progress of communities ; to follow the fortunes and elucidate the character of those who have laid the foundation of new associations ; to preserve from decay the memory of illustrious men, who have transferred from one hemisphere to another, the arts of peace, the bless ings of liberty, and the consolations of religion ; belong perhaps, to the province of history, rather than to a brief address, upon a special occasion. And yet, we who are now assembled, may with strict propriety, and not without a sense of just pride, cast our eyes back upon the events of the last two centuries, while we contemplate the ancestry from which we are sprung, and the causes which have led to our being here, this day, to present our grateful offerings upon the altar of our national existence.' " Difficilis est (says the learned Grotius,) rerum gesta- rum narratio : quse absentem, fugiunt ; presentem, trahunt." It is difficult to give a correct narrative of events ; they escape the observation of those who were not witnesses ; while those who were present, are drawn away by their force, or become parties in the scene. But the story of our origin, as a people, is not obscure. We are not compelled, like other nations, to trace back our race through rude ages of barbarism, to the dim uncer tainty of tradition and fable. The foundations of society in New England and the origin of its Institutions, both civil and religious, may be correctly ascertained ; for their his tory has been written and published to the whole world. In the mythology of the ancient Greeks, the Goddess of Wisdom is fabled to have sprung into existence from the head of Jupiter, completely armed and all perfect. In like manner, the first settlements of New England came into being, as communities, with all the attributes of organized society, and all the restraints of good government and sub ordination. The day which we now celebrate, is a memorable one, in the annals of our country ; a day never to be forgotten or disregarded. If the fourth of July, 1776, was, in the esti mation of the patriotic John Adams, a memorable epoch, to be commemorated as the day of deliverance, to be solem nized with pomp, shows, bonfires and illuminations, from one end of the continent to the other, how much more is the 22d of December, 1620, which marks the period when the national existence of New England began, to be held in re membrance by us and our successors, " from that time for ward forever !" We are here assembled, Gentlemen of the New England Society, to celebrate this great occasion. To say to those who have gone before us, if in the mysterious ties which bind the present and the past together, $uch communica. tions can be held, that we have not forgotten the days of their labor and sorrow ; that the history of their perilous fortunes has not been blotted out, nor that of their self-de votion gone into oblivion ; that their children, grateful for the sacrifices which they endured, full of admiration at their example, proud of a descent from such illustrious progeni tors, year by year assemble themselves together to com memorate the great events of past centuries, that their fa- hers' names may not be forgotten or lost from among men. This Society, of which we are members, was not found ed upon narrow, or sectional predilections. Having its be ginning in wise and generous purposes, its chief object is, and ever has been, to connect the natives of New England and their descendants with the early history of their coun try ; that, by the considerations of a common ancestry, the emotions of a natural sympathy might be excited, and the bonds of union strengthened ; and thus, that the descend ants of those, who braved the same dangers, to attain the same ends, might be led to kindly thoughts of one another ; and finally to kindly acts and benevolent associations. We do not arrogate to ourselves, or assert for ourselves, any superiority over the inhabitants of any other part of the country, either in the manner of our origin, or in our pro gress towards maturity. Conceding to all sections of the Union a beginning equally as respectable, a progress equally honorable, and a present condition quite as pros perous as our own, we, nevertheless, have aright, without offence to others, to consider our family relations, and as the children of common parents, to assemble ourselves to gether, on an occasion like the present, and look back with grateful remembrance upon those who, through peril, hard ship and privation, subdued the wilderness for our benefit and laid here the foundations of law, order and religion so broad and deep, that we may erect superstructures upon them, massive and high, without endangering the solid basis beneath. Look back upon the origin ofthe first settlements of New England, and tell me in what annals, other than our own, can you find the history of a people, who, surrounded at home by the comforts of social life ; suffering no intoler able evils from the tyranny of government ; weighed down by no excessive burthens ; untempted by prospects of gain ; unswayed by the lust of conquest ; abandoned, neverthe- less, all that home, kindred and country could offer, for the sole purpose of enjoying an unrestrained liberty of thinking and acting upon the great rights of conscience, free from the domination of ecclesiastical control. Look at them assembled upon the shores of their native, their beau tiful Island, prepared to undergo all the hardship and perils of voluntary exile ! Whose cheek blanches ; whose eye grows dim as they look upon the waste of waters which shuts them out from the distant and unknown shores 1 Why should they leave this pleasant land % Why should they desert their tranquil homes 1 What dire neces sity drives them forth 1 It is not poverty goading the Irish man to fairer scenes and more fruitful climes ; it is not the Pole, scourged forth by the iron whip of a military tyranny ; nor the blue-eyed German, escaping from the grinding exactions of a toilsome and hopeless, because un rewarded labor. No, none of these motives impels or drives them forward: but they are drawn by an impulse more powerful than the love of home, or parents, or country. It is the still small voice of conscience, which tells them of a duty higher and purer and holier than all these ; and in obedience to its dictates, they must go forth to worship the God of their fathers in the wilderness. " It is not the least debt" (says Sir Walter Raleigh,) "we owe unto history, that it hath made us acquainted with our dead ancestors, and delivered us their memory and fame. Besides, we gather out of it a policy no less wise than eter nal, by the comparison and application of other men's fore- passed mercies with our own like errors and ill-deservings." The history of our ancestors is indeed of inestimable worth to their descendants ; though by it, our " ill-deserv ings," may, perhaps, stand out in more prominent relief against their fore-past mercies. But their example remains for all time to come. Simple, unpretending, high-minded and pure of purpose, the Pilgrims of New England went forth for great objects, to be attempted at first by inconside rable means. And who composed this devoted band, these Pilgrims in the desert 1 Were they an ignorant and fanatical sect, en ticed from > 23 Language of Shakspeare and of Milton ! Language of the Pilgrims ! Having sounded its loud alarums in the great cause of freedom on its native shores, from the tongues of Burke, of Fox, and of Chatham, it has been echoed across the Atlantic and poured out in thunders from the lips of Webster, of Clay, and Calhoun ! Language of free-born men ! It has fixed its abode upon this western continent, here to remain, and advance, and spread out, un til its voice shall have been heard in every valley and on every hill-top, between the rising and the setting sun. Nor shall its sounds cease to echo and vibrate in its new abode, while man shall retain the power of self-government, and the love of liberty be cherished in his bosom. Observe, also, the great forecast of our ancestors in their anxiety to give their children that education which should fit them to be Englishmen, speaking the English language, protected by English laws, and enjoying English liberty. All these were precious in their eyes ; and if they could have but one privilege more, the liberty of enjoying the forms of their own religion in their own way ; then, though seas were put between them and their native land, they were no longer exiles, no longer wanderers without a home, without a country. In pursuance of this design, they procured the principal Secretary of State, " to move his Majesty, King James, by a private motion, to give way to such a people, who could not so comfortably live under the government of another State, to enjoy their liberty of conscience under his gracious protection in America, where they would endeavor the ad vancement of his Majesty's dominions, in the enlargement ofthe Gospel by all due means." This, his Majesty said was a good and honest motive ; and asking what profits might arise in the part they intended ? 'twas answered, "fishing." To which he replied with his ordinary assever- 24 ation, " So God have my soul, 'tis an honest trade, 'twas the Apostles' own calling." Upon this hint, for the pedantic trifler would not in plain terms grant the favor thus sought, they obtained from the Virginia Company that patent, which furnished the title under which our ancestors undertook the greatest enter prise in the annals of their race. This Company, it appears, was ready to grant them a patent with ample privileges, and were desirous that they should undertake the expedition; "but the King would only connive at them," says Bradford ; "he would not molest them if they carried themselves peaceably, but he would not tolerate them, by public authority, under his seal." Although not satisfied with this Royal manifestation of kindness, they concluded, nevertheless, to act upon it, consid ering, that " if there was no security in the promise thus in timated, there would be no greater certainty in a further confirmation of it. For if afterwards there should be a purpose or desire to wrong them, though they had a seal as broad as the house-floor, it would not serve the turn, for there would be means enough found to recall or reverse it." With these resolutions, and under this title, they em barked. But would it give them a fair right to take pos session of lands in other regions, by a deed from a Company which had itself obtained its title, under a grant from the crown'? Upon this subject you must permit me to make a few remarks, in defence of the first settlers of New England; as their occupation of a territory, partially in possession of another race, has been a theme for much reproach upon them, and their sense of justice. In the first place, it may be observed, that at the time of the early settlements, it was the universal opinion among Europeans, that the discovery of a new country inhabited by races of uncivilized men, gave to the first discoverers an 25 inchoate right of control over it ; and upon this foundation lay all the English, French, Spanish, and Portuguese grants. Indeed, this is the doctrine of modern times, and has on a late and momentous occasion, been the subject of critical examination by two powerful nations, almost in the attitude of war. The whole controversy concerning Oregon turned upon the question of discovery and of formal possession, for neither England, 'nor Spain, nor the United States, had ever occupied the territory to any considerable extent. Indeed, the Supreme Court of the United States, with that great jurist, Judge Marshall, at its head, decided not many years ago, that all our land titles in this country, are founded upon grants made by the nations who claimed to have been the first discoverers, and not upon those issued by the Pope, with a liberal hand, to his Catholic children. The Northern Continent of America was discovered, as you all well know, in the year 1497, by John Cabot, a Portuguese mariner, then in the service of Henry the VII. of England : and this discovery being carried out by Gosnold, Hudson and Smith, enabled the English crown to claim cer tain portions "of it, as subject to colonization and grant, agreeably to the then received notions of title. Capt. John Smith, of famous memory, having in the year 1614, ranged along the coast of New England, from Penobscot to Cape Cod, formed a map of the country, which he presented to King James. The impression at that time, and for a con siderable period afterwards, was, that this part of the coun try, so full of unexplored bays and jutting headlands, was an island : and it was thought to resemble the mother country, both in soil and climate, so much, that Smith be stowed upon it the name of New England ; which name Prince Charles afterwards graciously confirmed. The coun try itself was described by one of the early writers, as being 26 like England in many particulars : somewhat the same " for heat and cold in summer and winter, champagne ground, but not high mountainous ; full of vales and meadow ground, of rivers and sweet springs, as England is. But principally, as far as we can yet find, it is an island, and near about the same quantity of England, being cut out from the mainland in America, as England is from the main of Europe, by a great arm of the sea, which entereth in forty degrees, and runneth up northwest and by west, and goeth out either into the South Sea or else into the Bay of Canada." The Indians also had the same impression, confidently affirming that either the Dutch or French passed through from sea to sea between Plymouth and Virginia. " North America," says the historian, Hubbard, " is, as to its nativity, of the same standing with her two elder sis ters, Peru and Mexico, yet was suffered to lie in its swad dling-clothes one whole century of years ; nature having promised no such dowry of rich mines of silver and gold to them who would espouse her for their own, as she did unto the other two ; which possibly was the reason why she was not so hastily courted by her first discoverers." For more than a century, then, after the first discovery of the Northern continent, and for a like period after its whole coast had been traced, from Newfoundland to the southern point of Florida, the territory of what is now called New England remained almost untouched by the foot of Euro pean adventure. The cupidity of mankind was not tempted to invade her neglected shores, by mines of gold, or treasures of silver. The silent forests threaded only by their wild and aboriginal inhabitants, were untrodden by the armed heel of the Spanish warrior, who had long before scaled the Andes, red with the blood of conquest ; unassailed by the ad venturous Portuguese," who had doubled the Cape of Hope ; and disregarded by that monarch who had furnished Cabot 27 with the means of pointing out this wide country to Europe. It is not perhaps expedient, or profitable, to go back to abstract theories as to the rights of possession ; free, absolute and exclusive possession, which belonged to those who occupied, and from time immemorial had occupied the soil upon which we now stand. But it has always seemed to me a question in morals, not altogether clear, that bands of roaming savages have a right, to shut from the sun all the joyful fruits of the earth, that beasts of chase may lie forever secluded in the depth of their boundless forests. — If this were an original question, I confess that the axe of the woodman would ring on my ears as pleasantly as the war-whoop of the savage. The quiet villages of New Eng land seem to me now as beautiful, and as becoming to the fair face of nature, as the wigwams of the Indians. The spires of churches pointing upwards to heaven, as if to in vite our contemplations thither, also appear in my eyes, objects quite as worthy of regard, as the victim bound to the stake, and surrounded by tortures intended to tempt the en durance of his steadfast soul. The deep solitude of the forest fills the human mind with gloomy thoughts and dark imaginings. Was it intended by the God of nature that this silence should remain forever unbroken 1 That these recesses should never be penetrat ed'? That the beams of a glorious luminary, should never dispel the pestilential vapor from the swamp, or warm the generous soil into prolific and life-supporting returns for its cultivation and improvement 1 Was it destined by Provi dence, that ignorance should always prevail in the bound less regions of America ? and that she alone, of all the world, should be shut out from the blessings of civilization, and all the aspirations of hope in the ennobling forms pre sented by the Christian faith 1 Had the native Indian such 28 an exclusive right, in a moral point of view, to the posses sion and occupancy of millions of acres, not required by his necessities, merely because he happened to be upon the soil when it was first seen by the adventurous, yet civilized European 1 Could the suffering thousands of Ireland and Germany be, at this time, with justice excluded by the na tives from a participation in the blessings and enjoyments which may be afforded by the unoccupied wastes of this vast continent 1 Was a country capable of sustaining mil lions of human beings in comfort and competency, to be restricted to the use of a few thousands of savages, dressed in skins, and roaming over their broad lands, in pursuit of the deer, the beaver, and the buffalo 1 It seems to me, there is no law of morals, no rule of right, no command of religion, according to any form or manner of belief, — which does or can assert, or maintain, any such title to an absolute, exclusive, adverse possession, on the part of the aborigines. They had claims, beyond doubt, which were to be respected and upheld. They could not, with any show of justice, be driven altogether from the graves of their fathers ; but our ancestors could fairly claim a right to participate in that occupancy which the Creator intended for all his creatures. The hunter state was not that which was originally established for man; and it was only when he had fallen and become degenerate, that, assimilating himself to the tiger and wolf, man be came himself a prowling beast of prey. No ! These fair regions were not destined for eternal solitudes. Savages with their victims were not to occupy, exclusively and for ever, the thousand hills of the cattle, and all the pleasant valleys of the husbandman. A better and a nobler use was reserved for them. Ignorance was to be banished before the face of civilization ; the ferocity of the untamed hunter, was to be softened down by the combined influence of 29 knowledge and religion ; the trees of the forest were to give place to the olive and the vine; the rose was to blush and the violet, to bloom where the briar and the thorn claimed occupation; and the fair face of natrlre was to shine out in all that beauty for which it was originally created. " God," said our ancestors, " had brought a vine into this wilderness ; had cast out the heathen and planted it ; and had also made room for it ; and he caused it to take root, and it filled the land ; so that it had sent forth its boughs to the sea, and its branches to the river." But irrespective of such considerations, the first settlers of New England were always regardful of the rights of the natives and endeavored upon all occasions to protect them in their just privileges, while at the same time they re strained their ferocity, and checked their aggressions. It is well known to you all, as a matter of familiar history, that antecedently to the arrival of the Mayflower at Plymouth, the whole country, bordering upon that coast, and extending far inland, had been so desolated by a pestilence that it was nearly, if not quite depopulated ; and it was several months after their first landing at Cape Cod, before the Pilgrims had an opportunity of speaking with Samoset, the first na tive with whom they held parley. He informed them that about four years before their arrival, all the inhabitants of that vicinity had died of an extraordinary disease, and that there was "neither man, nor woman, nor child remaining." "Indeed," says an early writer, "we found none ; so, there was none to hinder our possession, or lay claim unto it." The great patent, issued by King James, in 1620, recites that he had been given certainly to know, that the country about to be occupied had been depopulated, so that there was not left, for many leagues together, any that did claim or challenge any interest therein ; and therefore, says the 30 Charter, it was supposed that the appointed time was come, " that those large and goodly territories, deserted as it were, by their natural inhabitants, should be possessed and enjoyed by such as should, by the powerful arm of God, be directed and conducted thither." And the grant was made in terms, for " the enlargement ofthe Christian reli gion, to stretch out the bounds of the king's dominions, and to replenish those deserts with people, governed by laws, and for the more peaceable commerce of all, who should have occasion to traffic in those territories." It seems that the country lying between Plymouth and the great Narragansett Bay, was under the jurisdiction and sway of Mas-sas-so-it, Sachem of the Wampanoags, a tribe residing in the vicinity of Mount Hope, and chief ruler also of all the nations who dwelt between that Bay and the sea. This chief went to Plymouth, (which was then called Patuxet by the Indians,) on the 22d of March, 1621, with a band of sixty armed men to meet the newly arrived strang ers. They saluted him with words of love from King James, desiring to traffic, and make a firm peace with the chief, as their next neighbor. This communication was well received by the savage monarch ; and thereupon a treaty of six articles was entered into between the Pil grims and Massassoit ; which was kept with good faith, on both sides, during his whole life. Indeed, so far as I have been able to discover, the first settlers of Ply mouth, of Massachusetts, of Connecticut, New Haven and Rhode Island, never did usurp any claim of title to the Indian lands, without their free consent, manifested either by gift or purchase. It is true that the considerations paid, may seem incon siderable, estimating land by its present value ; but when one Englishman sold to another, one fourth part of a com mon sized township, for a wheelbarrow, you may readily 31 imagine that land was in no special estimation with the in dolent native, who deemed all employment in its cultiva tion to be below the dignity of a warrior, and fit only for women. The grantees under the New Plymouth patent were ex pressly instructed by the Company, if the savages claimed any right of inheritance, to obtain their title by purchase ; that " the least scruple of intrusion might be avoided." And in 1676, after the war with King Philip began, Gov ernor Winslow of Plymouth, openly asserted, that before those troubles broke out, the English did not possess one foot of land in that Colony, but what was fairly obtained by honest purchase, from the Indian proprietors. "We found," says Cushman, "the place where we lived empty; the people being all dead and gone away, and none living near by eight or ten miles ; and though, in time of hardship, we found some eight bushels of corn hid up in a cave, and knew no owners of it, yet, afterwards learning ofthe own ers, we gave them, in their estimation, double the value of it. Our care also, hath been to maintain peace amongst them, and we have always set ourselves against such of them as used any rebellion or treachery against their own governors ; and^ when any of them are in want, as often they are, in the winter, when their corn is done, we supply them to our power, and have them in our houses, eat ing and drinking, and warming themselves ; which thing, though it be something a trouble to us, yet because they should see and take knowledge of our labors, order and diligence, both for this life and a better, we are con tent to bear it." The people of Plymouth procured titles to the land occu pied by them from Massassoit, who claimed it all as his own, and that he alone had a right to dispose of it ; and it was from him and his sons that the first grants were ob- 32 tained. "It is mine," said he, "and mine is the sole claim in existence." But his chiefs gave their assent also, and signed deeds, on several occasions. Neither was this ac complished, says Winslow, "by threats and blows, or shak ing of sword, or sound of trumpet ; for as our faculty that way is small, and our strength less, so our warring with them is after another manner, namely, by friendly usage, love, peace, honest carriage, and good counsel." Indeed, this objection to the occupancy of the country by the first settlers, is as old as their pilgrimage, and was met and answered by them, at the time. Mr. Cushman, in his reasons for removing from England to America, given in 1621, states expressly, that he does not put the right of colonization upon that of discovery, which was then assumed by all nations as the foundation of title ; on the contrary, after mentioning that claim, he passes it by, "lest he should be thought to meddle with that which did not concern him, or was beyond his discerning ;" and he places " the right to live in the heathen's country," upon the hope of their conversion, and the unoccupied con dition ofthe country, where " its few inhabitants only ran over the grass like the foxes and wild beasts, without in dustry, art, science, skill, or faculty to use the land." Then again, he asserts an express grant from Massassoit, with divers ofhis chiefs, " which was obtained," says he, " by friendly composition." Indeed, the people of Ply mouth never did. until after Philip's war, claim or obtain any lands belonging to the Indians, by violence or conquest. After the defeat and dispersion of the Wampanoags, fifty- six years after the first settlement, then, and not till then, were the lands occupied by them, sequestrated by the con querors, for the benefit of wounded soldiers, and those who had been ruined by the desolations of that fierce contest. And so, too, of Connecticut and Massachusetts, and 33 Rhode Island ; their titles were all derived by deeds and grants from the Indians. In the year 1631, before the country between Boston and Hartford had been explored, a chief living near the banks of the Connecticut, made a journey to Plymouth and Boston, for the express purpose of inviting a settlement on that river. He described the fertility ofthe soil, and promised, if the English would make a plantation there, he would annually supply them with beaver skins and corn. His object was, amongst other things, to obtain their protection against the Pequots, the most fierce and warlike ofthe Indian tribes ; and when the settlements were afterwards begun upon 'the Connecti cut, the Indian title was extinguished in every case by their own free and voluntary consent, without' violence or fraud. on the part of the whites. Indeed this could not well be otherwise,. for until the subjugation of the Pequots, in>' the year 1637, the Settlers had no powerto coerce the Indians; being themselves but a feeble band, constantly, occupied in the cultivation. of the' land, for the means of ' subsistence.-, And this led them, as a- matter of necessity rather. than choice, to seek the banks of rivers which were compara tively free from trees^ and better prepared5, to. receive.the.' plough than the hill-sides aud:the plains. Ai the close of; the year 1636;. there were not more than two hundred and fifty men in the towns planted upon the river ; and hence^ it would have been, madness' to practise either; fraud or. violence upon the natives, who were infmitely;superior to the settlers, both in numbers and power. And as theplantationsi extended; so iffevery case.did the: colonists begin' their labors byrpxirchases of the land: from» the native occupants, giving' fair and satisfactory equiva;-: leuts in return. Ifthe title of tbe savage to his native-soil was ever disregarded, it was not by. the first settlers} or their1 descendants. On the contrary, _ when in 1687,' .the 3 34 charters granted to the colonists had been vacated by the British Crown, and the title ofthe planters derided, they put themselves expressly upon the grants furnished by the natives themselves. But Andros, with the haughty insolence of delegated power, declared that Indian deeds were no better than " the scratch of a bear's paw ;" and the occu pants were actually compelled, in many instances, to take out new patents for their own lands at a heavy charge. I think, therefore, that we may challenge the world to show one instance where our ancestors usurped a title to the land of the Indians, or unjustly expelled them from it. On the contrary, their claims were always conceded and respected ; and while the right to colonize was asserted, the title ofthe occupant of the soil was never overlooked or disregarded. In this connection we may observe also, that it has not unfrequently been made a subject of charge against the first settlers of New England, that they were oppressive and unjust towards the aboriginal inhabitants, not only in res pect of their lands, but also in their personal and political relations ; that if they did not openly assail the natives with violence, they tempted them, nevertheless, to deeds of outrage, that a pretext mightbe afforded for their de struction. Poetry has given her aid to this subject ; and the most beautiful writer New York has yet produced, has pur sued the theme with all the powers of genius and eloquence, in his essays on this vanished race. Carried away by the fervor of this author's imagination, one might suppose that our ancestors were little better than a band of lawless plun derers, who trampled down the rights of the natives, spoil ing them of their homes, and devastating their country. Philip of Pokanoket, has furnished a subject, not only for the resistless power of Mr. Irving's description, but for the poetic imaginings of Sands and of Eastburn ; and the last of this kingly race is clothed with all the savage virtues of a Homeric hero. 35 Such sketches are the work of fancy, not of historical truth and accuracy ; for it may be asserted with entire con fidence, that for more than half a century after the arrival of the Mayflower, the Pilgrims and their descendants lived in peace and friendship with the natives, undisturbed by outbreaks or lawless aggressions. When Massassoit was ill, and thought to be dying, about three years after the first landing of the emigrants, Mr. Winslow was sent by the colony to pay him a visit at his royal residence, near Mount Hope. In the kindest manner this friendly messenger administered to his wants, and finally by his skill and attention restored him to health. In grateful recollection of this, Massassoit disclosed to the Plymouth Colony an intention on the part of the Massachusetts Indians to cut them off by a secret attack. At one time when Massassoit was invaded in his own country, and hard beset by the Narragansetts, he was relieved by the Eng+ lish ; the enemy upon their approach, retiring to their own country without resistance. After the death of this chief, his two sons, Wamsutta and Mettacomb, named by the English at their own request, Alexander and Philip, went' voluntarily to Plymouth to renew the ancient league of friendship between the two nations and pledge again their faith, fidelity and obedience to the English; and for twenty years after the death of Massassoit, peace was preserved between the parties. The same remarks which have been made with regard to the Pokanokets, are equally true when applied to the Narragansetts, — who for the same length of time remained at peace with the plantations of Connecticut, Rhode Island, Plymouth, and Massachusetts.. During all this period it was doubtless the policy of the first settlers as well as their wish, to preserve pacific rela tions with their uncivilized neighbors. But this was not done by any poor of fawning submission in their weakness, 3* 36 to superior power. Their conduct was always open, bold and manly. Canonicus the great chief of the Narragansetts, manifested some jealousy ofthe new comers shortly after their arrival, but chiefly because of the friendly relations which existed between them and his old enemies of Mount Hope. But our fathers knew full well how to deal with the savage, whether he came with the salutations of peace, or the war-whoop of his race. Early in the year 1622, a mes senger from Canonicus ai rived at Plymouth, charged with a gift, at once significant and dangerous, " a bundle of new arrows, lapped in a rattlesnake's skin." This messenger was at first detained, but being considered as a mere herald from-his master, Governor Bradford ordered him to be dismissed with bold threats, " daring them to do their worst;" and when informed by his interpreter that the rattlesnake's skin and arrows portended war and deso lation, the intrepid governor stuffed the skin with powder and shot, and sent it back to Canonicus with the like defiance. " This message," says Winslow, " was sent by an Indian, and delivered in such sort, as was no small terror to this savage king, inasmuch as he would not once touch the powder and shot, or suffer it to stay in his house or country; whereupon the messenger refusing it, another took it up, and having been posted back from place to ¦place a long time, at length came whole back again." Upon the death of Alexander, in 1662, he was succeed ed by his brother, Philip, the renowned Metacomet, the hero of song and of story. This chief early began to scheme for. the entire destruction of his white neighbors, although he could not brJDg a well-founded complaint to justify such cold-blooded atrocity ; for if he or his nation had suffered any wrongs from the aggressions of the settlers, they were neither deep or wanton, nor were they such as could in any 37 degree justify such fell and savage revenge. But the fact was not so. The English of Plymouth early perceiving an improvident temper on the part of the Indians, and a desire to alienate their lands, passed laws to prohibit such traffic with them, and secured to the Wampanoags and their descendants, all the fine country in tbe vicinity of Mount Hope ; those lands and waters being peculiarly well suited to their condition ; the lands as corn land, and the waters abounding in fish and fowl. Nay, further, to pre vent encroachments, tbe inhabitants on their northern frontier drew a strong fence from the Taunton river entirely across the border, to prevent their cattle from straying into the Indian possessions. Fiction has given to Metacomb an interest which he, in my judgment, in no wise deserves, either from his acts or personal character. It is true, by dissimulation and art, he drew all the neighboring tribes, including the Narra gansetts, his old enemies, into a general and deep laid-plot for the total annihilation of the white race. Being suspect ed and charged with it, he nevertheless solemnly denied all hostile intent, until the moment came when he could let loose Irs fierce warriors upon the midnight slumbers of the settlers, rousing them to a hasty defence by the glare of their burning dwellings. The War being begun, and by the Indians themselves, was pursued by our brave an cestors with all that constancy for which they were so remarkable, until Philip, by his death, expiated a portion of the bloody wrongs he had inflicted upon his neighbors. He plunged his nation into all the perils of war, but did not himself, so far as I can discover, encounter its dangers, for he was never seen in battle by any white man, from the commencement of his murders down to the time when he was slain. Indeed he was always the first, says Captain Church, to fly in every engagement ; and that brave officer, 38 in laying the plan for Philip's final surprise in the swamps of Mount Hope, acted uponthis well-known habit, and bade his men shoot the first savage who silently fled, expecting thereby to secure the death of this relentless sachem ; and his anticipations were all fulfilled ; for when the attack was commenced, Philip, starting at the first gun, rushed headlong from his concealment, and was slain by one of his own nation in his cowardly flight. How different was the conduct of his followers. One had openly called him,' before the war began, " a white livered cur;" and in the last battle ever witnessed by the mortal eyes of Philip, his men stood their ground, so cheered on by the war-cries of one of their chiefs, that Captain Church, attracted by his bold conduct, asked an interpreter who that sachem was, and what he said. "It is old Annawan," replied the In dian, "Philip's great captain, calling on his soldiers to stand to it and fight stoutly." Remember, then, that the settlers of New England had lived with their aboriginal neighbors in peace and friend ship for more than fifty years before the great war began ; and those relations might have been maintained for ever, if the nations could have restrained the ferocity of their passions, or subdued their thirst for blood ; for I undertake to say that the complaints made by the Indians themselves, were not causes of war, even according to their own wild and savage notions. It may be that they would have melted away before the plough and the sickle ; but they would have gone peacefully, and in the order of nature. The desolation of savage life cannot stand before the improvements of civilization ; and blessed be God that it cannot ! It is hardly necessary to vindicate the conduct of the first colonists of the Connecticut Valley, in relation to their contest with the Pequots, in the year 1637, as it is 39 universally admitted that the fault of that war lay entirely on the side of that fierce nation. The early emigrants to Windsor, Hartford, and Weathersfield, had never encroach ed in any respect upon the territory of the Pequots, whose country lay on both sides of the Thames, far from the scenes of those early settlements ; and this proud tribe seems to have commenced hostile attacks upon their distant neighbors, from the mere thirst of blood, natural to barbarians in all parts of the globe. They had murdered about thirty persons before the towns on the Connecticut attempted any resistance ; but finding themselves at last in a most critical position, and driven to the necessity of venturing upon a contest for the preservation of their lives, they entered into it with all the fortitude and courage of their heroic race. Raising a little force of ninety men, they sent them in three small vessels, under the brave ' Captain Mason, by the way of the river and sound to the Narragansett Bay. Disembarking there, and trusting to savages for their guides, the stars of heaven for their canopy, the brooks and woods for their supplies, they traversed the whole territory of the Narragansetts, and approached the barbarians with such caution and celerity, as to take them entirely by surprise in their fort, upon the west side of the Mystic river. Then ensued a struggle, not merely for victory, but life itself, for if the attack had failed, there was no retreat for this band of devoted men ; no escape from their merciless foes. But putting their trust in the God of battles, they charged directly upon seven times their numbers, with such determined impetuosity as to give the Pequots an overthrow from which they never recovered ; and from that time forth the colony of Con necticut remained in peace with all the native tribes, until the great conspiracy of Philip called them forth again with spear and shield, in their own just defence. 40 In this contest with the Pequots, the early settlers ex hibited all their peculiar characteristics. Before their de parture, Mr, Hooker addressed the little army with that confidence in an overruling Providence, which never on any occasion had deserted them. " Fellow soldiers ! (said he,) countrymen, and companions, in this wilderness work, who are gathered together this day by the inevitable providence of the Great Jehovah, not in a tumultuous manner, hurried on by the floating fancy of every hot-headed brain, but purposely picked out by the godly great fathers of this government, that your prowess may carry out the work where justice in her righteous course is obstructed. Every common soldier among you is now installed a magistrate. Then show yourselves men of courage ; yet remember that all true bred soldiers receive this as a common maxim : cruelty and cowardice are inseparable companions. And now to you I put the question, who would not fight in such a cause with an agile spirit and undaunted boldness 1 — Riches and honor are, next to a good cause, eyed by every soldier ; but although gold and silver be wanting, yet have you that to maintain which is far more precious, tbe lives, liberties, and new purchased freedoms of the endeared ser vants of our Lord Christ Jesus, and of your second selves even, your affectionate bosom mates, together with the chief pledges of your loves, the comforting contents of harmless prattling and smiling babes ; in a word, all the riches of that goodness and mercy that attends the people of God even in this life." Actuated by such motives, im pelled forward by such considerations, sustained by such purposes, how could the early colonists of New England fail in their enterprises 1 After the first struggles for mere existence on the part of the settlers were over, view them marching steadily for ward in the paths of order, religion and morality ; enact- 41 ing laws, constructing roads, establishing schools, and edu cating their children for the new business of self-govern ment. The colonies, it is true, were under the general jurisdiction of the king and parliament, yet having by their charters the power of making laws, they entered at once upon these important concerns ; and perceiving that their institutions were to be unlike all others in the world, they immediately began to frame statutes suited to their pecu liar wants. Having been subject to the common law, and being well skilled in its maxims, tbey adopted such por tions of it as were suited to their circumstances, but discard ed, in effect, such English statutes as were not applicable to their new condition ; publishing ot thejsame time, in one of the colonies, this preface to their own enactments : " Now in these our laws, although we may seem to vary or differ, yet it is not our purpose to repugn the statute laws of England, so far as we understand them;" thereby ex hibiting, perhaps the first great example of construing a constitution, as each man may comprehend it. They were not bound down to a servile imitation of Brit ish precedents, but considered the law in the abstract as con taining rules of civil government, for free and thinking men, who were imposing just restraints upon themselves, and not dictating to others. The common law was evi dently their admiration ; yet keeping the commandments in view, if they bowed down, they did not worship it. On the contrary, their reflections upon this great subject of law making, were in a high degree original ; its importance immediately arresting their attention and commanding both solicitude and care. Mr. Cotton, or Mr. Davenport, com posed and published in Boston, as far back as 1663, "A Dis course on Civil Government in a New Plantation ;" and in 1650 Mr. Ludlow, a distinguished jurist of Connecticut, com piled a body of laws for that commonwealth, at the request of 42 its government; thus showing from the very outset, that civil rule, as it should be in a new plantation, was kept con stantly in view ; and nothing is more striking or admirable than the early legislation of our ancestors upon natural, human rights, and the best mode of protecting them. With a bold defiance of customs immemorial, and of forms rendered sacred by antiquity, they commenced the progress of legal reform, from the moment their feet first pressed the sod of their new-found country. With no affected disre gard for the wisdom and learning of their ancestors, with no pretensions to a more perfect knowledge of man's true social condition than that which prevailed at home, they did, nevertheless, from the beginning institute the inquiry, as to how much of an antiquated system was suited to their wants and condition ; and with a steady eye upon ancient precedents, begin a system of legal change, at once radical yet conservative. And I may here safely assert, that many if not all the important alterations made in the jurispru dence of this State, within the last fifty years, have been borrowed, directly or indirectly, from the laws of New Eng land, and especially from those of Connecticut. The subject of non-imprisonment for debt, for instance, concerning which so much has been said and done within the last twenty years, was considered and acted upon in New England two hundred years ago ; and the act passed by the State of New York in the year 1833, entitled, " an act to abolish imprisonment for debt, and to punish fraud ulent debtors," is scarcely anything more than a transcript from an act of 1650, passed by the colony of Connecticut. The latter act provides "that no person should be arrested or imprisoned for any debt or fine, if the law could find any competent means of satisfaction from his estate ; and if not, his person might be arrested and imprisoned till satisfaction; provided nevertheless, that no man's person should be kept 43 in prison for debt but when there appeared to be some estate which he would not produce ;" and the chief differ ence between the two lies in this, that the primitive act is clear and explicit, while the modern one is so blind and confused, that various constructions have been put upon it by different tribunals, and sometimes by the same tribunal. Nor was this exemption from imprisonment a vain illusion, " keeping the word of promise to the ear, but breaking it to the hope." It Avas substantial and complete; for no honest man in Connecticut could ever be kept in the cells of a prison. There was, it is true, a theory of non-imprison ment for debt in other lands, but it was a theory only, well illustrated in the " Antiquary," as you may remember, by Mr. Oldbuck, in a dialogue with his nephew. " Nephew," said that amusing creation of Scott's fancy, " it is a re markable thing that in this happy country no man can be legally imprisoned for debt." " The truth is, the king, in teresting himself as a monarch should, in his subjects' private affairs, is so good as to interfere at the request of the creditor and to send the debtor his roytl command to do him justice within a certain time, fifteen days, or six, as the case may be. Well, the man resists and disobeys. What follows 1 Why that he be lawfully and rightfully declared a rebel to our gracious sovereign, whose command he has disobeyed, and that by three blasts of a horn at the market-place of Edinburg, the metropolis of Scotland. And he is then legally imprisoned, not on account of any civil debt, bu^ because of his ungrateful contempt of the royal mandate." In Connecticut there was no royal mandate which could send a man to jail with three blasts of a horn. Some years ago, letters upon this important subject of im prisonment for debt, were addressed t o John Adams and Daniel Webster ; and each of those illustrious men stated in reply, that if it were an original and open question, neither of 44 them had any doubt of its oppressive character, nor the propriety of abolishing it. And since that period a number ofthe States, as well as Congress itself, have interfered for the just preservation of human liberty, except in cases of crime. But here we find that in 1650 the persons of men were held free from the slavery of imprisonment when caused by misfortune or poverty ; while the dishonest debtor, who bad the means of payment, but refused to appro priate them to* the discharge ofhis engagements, was to be treated as a felon, and to meet with a felon's reward. And so tender were they then of personal liberty, that the first process against a debtor was a summons command ing him to appear and answer the complaint made against him ; and it was only upon his refusal that an attachment could be issued against him for his "wilful contempt." By another section of tbe same statute, which is also embodied in tbe far-famed modern code of New York, it was provided, that if any citizen of Connecticut was about to abscond, or convey away his estate with intent to defraud his creditors, then that an attachment might issue against him for the benefit of all his creditors. But to guard against abuses, it was also provided, that if any attachment were laid upon any man's estate upon a pre tence of a great sum, and it was not proved to be due in some near portion to the sum mentioned in the attachment, then that the suvet'es always required upon the issuing of such process, should be lia^e for the damages sustained thereby. Could anything be more wise, just or prudent, than laws like these *? And have we, in relation to the same subject, improved upon them down to this day 1 But who, in modern times, has given credit to our ancestors for their labors of wisdom and charily in this behalf or acknowledged the source from whence these^ improvements have been derived ? 45 So again, they had a proceeding in relation to real property, very analogous to what is termed a creditor's bill in this State, (land being at that time a principal object of care and value in the colonies,) whereby creditors might have the benefit of its sale, by a very simp'e and inex pensive process, in the order of the presenting of their claims. But there was a difference, nevertheless, between the modern and the ancient law, in this, that in cases of insolvency on the part of the debtor, the ancient law directs that the attachments should enure to tbe benefit of all creditors in proportion to their respective claims ; while the modern one gives a preference and priority to the most vigilant; and in this particular the justice of the original act is obvious and pre-eminent. So, in relation to trials by jury,- (an institution which was the subject of the first law passed by the Plymouth settlement,) one colony had a most excellent provision, which might be adopted with decided benefit here in this city. It was, that juries might be caUed of six or twelve persons, according to the import ance of tbe subject;, and that a verdict of four out of six, and eight out of twelve, should be conclusive upon the parties, unless a new trial were granted. Now, the requirements of our practice, derived from the laws of England, which demand an absolute unanimity in the minds of twelve men, even in civ;l causes, are oftentimes the source of much delay, expense, and injury, to all the parties concerned. Would not the pages written by our forefathers upon these important concerns disclose some thing more than the ancients found in the leaves of a Sybiline oracle, blown about by the winds of heaven as the heralds of fortuitous prophecy and justice 1 Our ancestors, with a far-reaching sagacity, also provided for a complete registration of all grants of land, in order that, by a public and open inspection of conveyances, clear evidences of title 46 might be found and preserved. To this day, England herself has not attained to these improvements, except in a limited number of counties ; and there each proprietor must trust to private care alone for the preservation of his estate. The complicated forms in civil proceedings, the volumin ous pages of the conveyancer's deeds, and the tautology of English statutes were at once exploded, and in their place came simple and clear statements of claim and counter claim, direct and straight-forward pleadings, and brief, but comprehensive, evidences of title. An English deed for an hundred acres is engrossed on parchment, with the letters of the alphabet tortured into a thousand useless shapes, that ancient forms may be preserved. A New England deed, in one brief page, contains all the elements of a perfect con tract between the parties, with a direct assurance of title. The known defects in the laws and practice of England pointed out and so strikingly stated by Lord Brougham, in his great speech upon Law Reforms, delivered in the House of Commons, in 1828, were discovered .Und banished from the New England States, while they were yet colonies under the British crown. Nor can I find any essential changes or improvements specified or called for by that remarkable statesman, which were not adopted by our ancestors years ago. You are aware that in England some ofthe most import ant offices in the civil law courts, are held by prelates of the church, and that the whole law of marriagejand divorce,- of personal estates, both testate and intestate, is adminis tered under the control of bishops and archbishops. This being an inheritance from Rome, and one of the worst of the long-continued papal abuses, was abolished at once and forever by our ancestors, who committed these important trusts to responsible men, appointed by responsible tribu- 47 nais ; while dower and inheritance, which vary in Eng land, with the varying customs of counties and manors, were made uniform and consistent. The complicated proceedings of English courts in actions of ejectment were also discarded in the Eastern States, and it is only within the last twenty years that New York has adopted this obvious improvement from one of her near est sisters. Then again, wise and equal laws were provided for a just distribution of estates among children and heirs, while tenures were made simple, and primogenitures abol ished. In England all the lands of the ancestor, on one side of a river, might descend to the oldest son, on the other to the youngest ; while in a third place, the children might inherit equally. But in New England, the dictates of common sense and common justice were at once obeyed, and tenures placed upon their true foundations. And then, as to that law which prefers the first-born son to all others, in itself so iniquitous ; what had our ancestors to say to that 1 They blotted it out from their statute-book, aud banished it forever. How otherwise could equal rights be maintained, or republican forms of government preserved ? In the proud monarchies of Europe, it became the policy of the aristocracy to preserve great estates in the same families in a direct line, that their influence might remain continuous and unbroken, thus transmitting from father to son not only the wealth of the ancestor, but his political influence also. But in a free country, how should we stand if the parent might entail upon his son whole towns and counties and states, even without any accompanying political authority 1 Would free men contentedly ride, for thirty miles, by the side of a great estate, (as you may now in some parts of Great Britain) with the reflection in their minds, that in all time to come, the influence of that proprietor and his de scendants must remain unchecked and undisturbed 1 What 4S caused the most serious outbreaks among the people of Rome ? And why did they desert their city, and take re fuge on the sacred mount 1 The monopoly of lands by the rich, and the debts ofthe poor. What was the remedy pro posed there 1 A division of those lands among persons whose claims upon them were those of hard necessity, if not of natural justice. But what distributive law did our ancestors provide to check, if not effectually destroy, this dangerous accumulation of wealth in the same hands 1 They said that lands, where there was no will to direct otherwise, should descend to all the heirs alike ; that per sonal property should be equally distributed, and the power of entailment so limited, that to preserve its existence it must be renewed inevery generation. This, says Judge Story, is the true agrarian law, which in all time to come will guard the just rights of acquirement and possession, while it corrects the great public evils of inordinate accumulation ; and you see how instantly our ancestors seized upon and adopted this indispensable restraint. Then the criminal laws of England, more bloody than the laws of Draco, were all remodeled, and their severities softened down ; even at that time, when the public mind had not begun much to consider this important subject. In- all things, I assert with confidence, in relation to the laws, both public and private, our ancestors made great and mar velous improvements upon those of the land from whence they took their origin. And these reforms became after wards matters of the highest political concernment, when they had shaken off the control of the mother country. Republican in their habits of thinking and acting; republi can in their frugality ; republican in their laws and forms of government, tbe States of New England were early pre pared for that great change wrought out for them by the war ofthe Revolution. Their civil and political rights were> 49 well understood from the very beginning; they were preserved and cherished through all their early struggles for existence, and were all prepared to be acted upon when the day of trial came. Hence it has been remarked, and with strict propri ety, that at the time of our Independence, so slight was the connection between some of the colonies and the mother country in their relations of law and government, and the change interfered so little with their internal concerns, that the transition from a dependent to a sovereign condition was almost imperceptible. In Connecticut, they merely erased the name of " his majesty," from their legal pro ceedings, and inserted, "by the name and authority of the State ;" and then, in all essential particulars, the adminis tration of the law proceeded after the Revolution, exactly as it had done before. I presume, before dismissing this part of the subject, it may be expected, that I, considering my profession, should not pass by that which has been made a matter of scoffing and reproach upon a colony of New England, by those who, never investigating its reality, have caught from others the traditional jests connected with the blue laws of New Haven. In the first place, it seems to be supposed that there actually were, in that colony, grave enactments against offending beer-barrels, and that the austerity of Puritan practice even prohibited a mother from kissing her child on a Sunday. Let those who have lightly received such im pressions, and lightly conveyed them to others, look into the early laws of New Haven, and tell me whether, upon such examination, any mirthful emotions can come over their minds 1 And let me remind them further, that most of the supposed enactments rest upon this one, of which, per haps they may haye heard : " Remember that thou keep holy the Sabbath day !" 50 Nothing more solemn, nothing more imposing, nothing more grave or dignified, can be found in all history, than the first acts of the colony of New Haven, when they pro ceeded to lay the foundations of their government. The free planters being all assembled, say their records, Mr. Davenport commenced the business by a sermon upon these words : " Wisdom hath builded her house, she hath hewn out her seven pillars." After this discouse and a solemn invocation of the name of God in prayer, they were re minded of the business for which they had met ; that it was " for the establishment of such civil order as migh be most pleasing unto God, and for the choosing of the fittest men for the foundation work of a church to be gathered." Mr. Davenport thereupon proposed divers queries, praying them to consider seriously the weight of the business about which they had met, and not to be rash in giving their votes for things which they did not understand, but to digest thorough ly, and without respect to men, what should be proposed to them, giving such answers as they would be willing should stand upon record for posterity/ And thereupon it was pro pounded in the first place, "whether the Scriptures hold forth a perfect rule for the direction and government of men in their duties." This was assented to without an opposing voice ; and let me ask whether there are any here present, who, if they had been standing by the side of Mr. Daven port, on that solemn occasion, would have ventured to deny that such a rule may be found in those sacred writings 1 The second question was, whether in the choosing of ma gistrates, the making and repealing of laws and the dividing of lands, the planters would be governed by the rules which the Scriptures hold forth? This also was assented to, " and no man gainsayed it, and they did testify the same by hold ing up their hands, both when it was first propounded, and afterwards confirmed the same, by holding up their hands 51 when it was read unto them in public." In the improve ments of time, we have been taught by our necessities, many lessons in the mode of adapting laws to our changing con dition ; but stand back in contemplation, two hundred years, and tell me where could you discover better models for the government of a free people, both in the choice of their magistrates and the division of their lands, than those found in the Jewish polity 1 Why, our own laws, in relation to the division of estates, do not differ essentially from the laws which governed the Hebrews ; their object being to secure not only an equal distribution of property, but to bring back, at given periods of time, to the same families, for equal use and enjoyment, such allotments of land as might have been alienated. Where in the annals of civilized Europe can you find the history of a government more free, or more republican, than that which existed among the Jews, during the period of their judges 1 and when was the choice of magistrates left more open and unrestrained than among the same people, at the same epoch 1 What was there nar row, or bigoted, or objectionable in the second query which I have read 1 for you will recollect that the proposition was not, to adopt Jewish laws and Jewish forms of government indiscriminately; but whether fit rules for the choosing of magistrates, the framing of laws, and the division of lands might not be found in the Bible, including both Testaments, the new as well as the old 1 And if the question were now proposed here, I venture to assert, that no man would " gainsay it, but all would testify for the same by holding up their hands, both when propounded, and when after wards it should be read to them." The third query had reference merely to the form of admission to the church ; and the fourth was : " whether they held themselves bound to establish such civil order as might best secure the peace of the ordinances to them and their posterity;" and this, 4* 52 of course, was carried without dissent ; for no man now, Jew or Gentile, Christian or Pagan, can find any objection to this proposition in the abstract, or as it was originally presented for consideration and adoption. Mr. Davenport thereupon declared from the Scriptures, that the magistrates to be entrusted with the matters of government, according to the rule thus adopted, must be " able men, such as fear God; men of truth, hating covet ousness." And if we could now, even in these days, by a like vote secure such magistrates, " fearing God and hating covetousness," I, for one, would " belong to that party." Mr. Davenport further declared, that by their vote they were free to cast themselves into any mould and form of a commonwealth, which appeared to them best, for the se curing ofthe objects contemplated in his propositions ; and he charged Mr. Eaton the first Governor, in open court, that he should not respect persons in judgment ; that he should hear the small as well as the great and that he should not fear the face of man. Such were the rules adopted by that plantation, upon its establishment ; but from the strict administration of them, went forth the report concerning the blue laws of Connecti cut. There were not in fact, any such enactments ; but there were trials for offences against the Sabbath, and against modest decency, founded upon the general law of morals, which have led to a misapprehension upon this subject, and served to cast ridicule where none whatever was deserved. Again : it has often been made a subject of reproach up on our ancestors, that having left their own country for the sake of religious freedom, and the enjoyment of the rights of conscience unshackled and uncontrolled, they did never theless, become themselves intolerant, the moment they were in possession of a country with their own supremacy 53 firmly established ; that they were narrow in their notions, selfish in their designs, exclusive in their purposes, and tyrannical in their acts ; willing to become fhe subjects and objects of universal religious emancipation themselves, but determined, at the same time, to subdue all others to their opinions. It seems to me, however, that this is an unfair mode of stating the case. The original settlers did not visit the in hospitable shores of New England for any objects of univer sal toleration ; nor for the purpose of allowing men of all religions, and no religion, an opportunity of planting their errors, or disseminating their infidelity. No ! Far differ ent from this were the purposes and objects of those religious wanderers ; who, if misguided in their notions, and over scrupulous in their faith, were nevertheless sincere, devout, and upright. With them religious faith was a principle. It was a guide to their actions, a rule for their conduct, and a law for their government ; the " be all and the end all " of their objects in this world, and of their hope in that which is to come. What if they were misguided 1 What if they were heat ed with zeal 1 What if they were exclusive in their opin ions, stern in their judgments, and unyielding in their pur poses 1 Were they not actuated by the purest and the holiest motives that ever filled or agitated the breast of men 1 Had they not left the consolations of home, of kin dred, and of country, for the express purpose of worshipping God in the wilderness in their own way 1 Seeking no as sociations with those who entertained different opinions ; asking no favor, requiring no aid, or succor, or comfort, ex cept from Him who saw their hearts, and knew that they were upright and pure ? It may be, that in their peculiar notions in relation to religious government they were mis guided ; and as a rule of civil action we now all believe 54 that each creed, and every religion, should be permitted to exist by its own inherent truth, uncontrolled by human laws, unprotected by political favor, untrammelled by worldly device. This is the modern theory of republican and religious liberty, as maintained in this free, this charitable land ; but which finds little favor in any other part of the Christian world. We consider it, and as I think rightly, one of the natural, one of the legitimate, if not inevitable results of thai great reform, which shook the papal structure to its centre, and shot through the bosoms of thinking men with an electric force which will never cease to operate, until its objects are accomplished, and man stands forth free from the dictations of his fellow men in all that binds him to a future state. But believe me, gentlemen of New England, this doctrine so free, so liberal, so republican, so just in itself, so necessary to our institutions, did not originate in minds filled with the ardor of that faith which sees but one object, and that object under but one form and pressure. Oh, no ! The most tolerant man was not, I think, originally the most devout man, although he might have been sincere. No ! His lips were not touched as with a live coal from the altar, who first proclaimed that there were no differ ences to be regarded amongst men in their various creeds. Our fathers cherished their faith as the immortal principle which causes men to feel the necessity of another existence, and to yearn after it, with that overflowing of spirit which gives evidence of the full heart and the contrite soul. But I am ready to maintain that the original settlers of New England were not even intolerant, in the correct sense of that term, when we understand their purposes and ex amine their actions. That the congregation of Mr. Robin son did not desire to associate in civil government with 55 arians and ranters, with papists and infidels, may be true enough ; and why should they not be permitted to worship God by themselves, in their own way, undisturbed by con flicting opinions, unheated by argument, unswayed by op posite practice ? They sought not to make converts of others, excepting the heathen. They interfered with no man's religious belief, unless he thrust himself upon their jurisdiction ; and within this pale they had, in my judg ment, a perfect right to be exclusive. If there were others who thought that peculiarities of doctrine were not of the essence of faith, the wilderness was open, and they might have followed the example of the Pilgrims. " The world was all before them where to choose their place of rest ;" and neither Ann Hutchinson, nor Thomas Morton, the disturbing lawyer, nor even Roger Williams himself, had a right to come uncalled for, within the limits of Plymouth or Massachusetts, and then cry out, "persecution and intolerance." I would speak of Roger Williams with great respect, as of one who had the clearest perceptions of that which is both right and expedient in religious affairs, as connected with civil government. Viewing the question in its modern aspect, when time has made the truth clear, and experience has shown that the power of law need never be brought to act upon spiritual belief, we all of us bear witness to the abstract correctness of Mr. Williams' opinions. He may be considered as among the first of those who advanced and maintained the proposition, that there should be a total separation of ecclesiastical from civil con trol ; and he is entitled to our admiration for the broad ex tent of his views in the true administration of secular laws upon religious opinion. And yet, in my judgment, there' never was a more unpropitious moment for the promulga tion of his peculiar notions upon all these subjects than that selected by him in 1630 and 1632. 56 At that moment, the settlement in Massachusetts was but just begun. Endicott and Winthrop, and Higginson, and their associates, emigrated with feelings and purposes, and objects, similar to those which had induced Bradford and Winslow, and the Congregational Pilgrims of Leyden to seek a refuge in a distant land ; nor did the views and opinions of the emigrants to Massachusetts differ in any essential degree from those entertained by the inhabitants of Plymouth. Between these colonies there was generally harmonious thought and united action ; but in their re ligious sentiments they were not intolerant. No, not as intolerant as we of the present day are ; although their civil condition, in some respects, differed widely from our own. In forming the structures of government, our an cestors had to provide for order, safety, and subordination ; and that these might all be secured, they had recourse to those ordinances, which they had adopted from deep seated conviction ; and upon what better, or broader, or more en during foundations, could they have rested the hopes of their new colony, than the eternal foundations of religious truth 1 But these men were not, I assert again, either in tolerant or narrow minded, or bigoted in the abstractions of religious belief. On the contrary, they respected the opinions of others ; being perfectly willing that they should be enjoyed without molestation ; and they only asked for themselves that which they freely granted to all mankind. That they had no good opinion of the superstitions of the Romish church, is true ; and that they considered the forms of worship kept up in the church of England as mere modifications of papal observance, is also true ; but at the same time, they had charity for its ordinances, and respect for its members. This charge of intolerance was an old charge, made against them, or rather against the independent churches, 57 to which the first settlers, for the most part belonged, more than two hundred years ago, and was answered by them at the time. " I have shown," (says Mr. Winslow) " that the foundation of our New England plantations was not laid upon schism, division, or separation, but upon love, peace and happiness, and also, that the primitive churches are the only pattern which the churches of Christ, in New England, have in their eyes ; not following Luther, Calvin, Knox, Ainsworth, Robinson, Ames, or any other, further than they follow Christ and his apostles." Is there any thing of bigotry or narrow minded sentiment in this 1 Any want of toleration or of respect for the opinions of others 1 Any stiff-necked assertion of superior knowledge, virtue or purity 1 They would not follow any sect, further than that sect followed Christ and his apostles ; and surely, a truer rule, one more plain, direct and certain, could not be adopted. But what were the sentiments of John Robinson himself, upon this subject 1 Hear his own words, addressed to his own church, at the time of their departure to begin the great plantation work in New England. Amongst other wholesome instructions, according to Mr. Winslow, he used expressions to this purpose : " That we were now, ere long, to part asunder, and the Lord only knew whether ever he should live to see our faces again. But whether the Lord had appointed it or not, he charged us before God to follow him no further than he followed Christ." He took occa sion also, miserably to bewail the state and condition of the reformed church, who wouldgo no further than the instru ments of their reformation. As for example ; the Luther ans could not be drawn to go beyond what Luther saw ; for whatever part of God's will he had further imparted and revealed to Calvin, they would rather die than em brace it. "And so also," said he, "you see the Calvinists, 58 they stick where he left them ; a misery much to be lamented, for though they were precious shining lights in their times, yet God had not revealed his whole will to them. And so he advised us by all means to endeavor to close with the godly party of the kingdom of England, and rather to study union than division, namely, how near we might possibly, without sin, close with them, than in the least measure to effect division or separation from them." Can you find anything in history more liberal than these beautiful and heartfelt remarks of the godly man, made upon his final separation from his church, when they were to " part asunder, and he never more to see their faces again ?" But was he sincere 1 Hear the testimony of Mr. Winslow upon this point. " For his doctrine " says he, " I living three years under his ministry, before we began the work of plantation in New England, it was always against separation from any the churches of Christ ; pro fessing and holding communion both with the French and Dutch churches, yea the tendering it the Scotch also ; even holding forth how wary persons ought to be in separating from a church." It is true he condemned the constitution of the church of England, but he condemned it as matter of opin ion rather than of censure. " No man," said he, " to whom England is known, can be ignorant that all the natives there, and subjects of the kingdom, although never such strangers from all show of true piety, and goodness, and fraught never so full with many most heinous impieties and vices, are without difference compelled and enforced by most severe laws, civil and ecclesiastical, into the body of that church ; every subject of the kingdom dwelling in this or that parish is bound, will he, nili he, fit or unfit, as with iron bonds, to participate in all holy things, and some un holy too, in that same parish church." But the emigrants with Governor Winthrop, were scarcely 59 separated at all from the church of England ; desiring only its reform in matters of practice. They had been born and brought up in the doctrines of that church, and lived in communion with it. Their ministers had been ordained by her bishops, and officiated in her parochial churches ; nor was there any secession until after their arrival in New England. Mr. Higginson, in taking a last look upon his native land exclaimed : " We will not say, as the separatists were wont to say, farewell Babylon ! farewell Rome ! but we will say farewell, dear England ! farewell the church of God in England, and all the christian friends there." Governor Winthrop, and his company, in a parting address " to the rest of their brethren in and of the church of England, speak of it as their ' dear mother,' from whom they could not part without much sadness of heart and many tears." " We leave it," said they, not " as loathing that milk wherewith we were nourished," " but blessing God for the parentage and education as members ofthe same body. We shall always rejoice in her good, and unfeignedly grieve for any sorrow that shall ever betide her ; and while we have breath, sincerely desire and endeavor the continuance and abundance of her welfare, with the enlargement of her bounds in the kingdom of Christ Jesus ; wishing our heads and hearts were fountains of tears for your everlasting welfare, when we shall be in our poor cottages in the wilderness, overshadowed with the spirit of supplication." Are these the narrow sentiments of bigotry and superstition! Do you discover anything illiberal, anything uncharitable, anything unchristian here 1 We find then, that there was as much harmony among the emigrants in matters of re ligious belief, and as much toleration, as there is now, so far as mere opinions were concerned ; although in their civil relations they brought their laws to bear in some degree, upon the conduct of men, in matters of faith and practice. 60 But consider their condition, their purposes and objects. They had gone forth from, their homes to cherish sentiments, and secure observances within their own jurisdictions, without let or molestation from others. Their govern ment, both civil and ecclesiastical, was intended for them selves alone, and not to be forced upon unwilling minds, or uncomplying tempers. The grants gave them an exclusive title to the land which they were to occupy, with an un controlled right to establish laws for its good government. They had come out for the express purpose of forming a distinct and separate organization ; a commonwealth of their own, to be governed just as the proprietaries should themselves see fit. The original grant to Plymouth only comprehended the country lying east of the present State of Rhode Island, and south of Massachusetts, which last colony was itself at first bounded by the narrow limits of Charles river and the Merrimack. Now, within these circumscribed spaces, those who owned the soil and had the power of governing it, proposed to lay the foundations of new societies, estab lished for their own objects and purposes, and designed to carry out their own peculiar views. They did not invite within their jurisdiction settlers of all nations, kindreds and tongues; but only those who thought as they thought upon the great subjects of subordination and religion ; and hence Plymouth early enacted laws prohibiting strangers, who had not obtained a license for that purpose from the magistrates, from settling within her territories. Recol lect, the first emigrants and their associates in England, owned the very soil upon which they stood ; and having ample power, for its government, they were desirous of ban ishing all the elements of discord from the new settlements, by excluding all those who were calculated to introduce them. If other persons, differing from the proprietaries in 61 their opinions and views, were desirous of emigrating to the western world, they had merely to avoid Plymouth and Massachusetts, if they considered their laws or ordinances unkind, unjust, or severe. They could go to the north, or the south, and there was " ample space and verge enough" for all. Why then should individuals, prating of free gov ernment, of religion and entire toleration, thrust themselves within these colonial limits, if they did not mean to submit to the laws which governed them 1 They were not invited thither, nor solicited, nor called for, or even wanted. Was there any injustice, then, in laws, in resolutions, or practices, which merely sought to exclude the elements of schism, anarchy and insubordination, for the purpose of pre serving peace, good order, sound morality, and a pure reli gious faith 1 They did not seek for proselytes, nor invite settlers of a different creed to come within their borders ; but such individuals came, nevertheless, without their con sent, and insisted upon remaining there, not merely to enjoy their own opinions in modest quietude and silence, but to proclaim those opinions aloud, everywhere, from the high places, and with the express intent of drawing the original settlers from their ancient impressions. And be cause those stout-hearted men, who had borne the burthen and heat of the day to accomplish their own peculiar pur poses, raised a protest, effectual and firm, against such in novations, the intruders cried out, " persecution and intol erance !" Aye, but some may say, " they drove Roger Williams in the dead of winter into the wilderness, exposed to its cold and hardship, and the tender mercies of its savage inhabitants." This banishment of Mr. Williams was entirely of his own seeking, and the time selected was chosen by himself. This gentleman, who came over in the year 1630, began life with such a furious partisan zeal, that he refused to join in fellow- 62 ship with his brethren of Boston, unless they would declare their repentance for having communed with the church of England before they left that country. He was also of opinion, that there should be no punishment for a breach of the Sabbath, or indeed for any violations of the precepts of the first table of the law, unless they disturbed the pub lic peace. That oaths ought not to be tendered to unrepent ant men ; that thanks should not be given after the sacra ment, nor after meat, and that a christian should not pray with an unregenerate person, even though wife or child ! He also insisted, that the title of the Massachusetts Colony to their lands was not good ; and he maintained these opin ions in the most open and public manner ; even refusing to commune with the members of his own church, unless they would separate themselves from the polluted churches of New England. These opinions were deemed to be not only erroneous, but dangerous ; and hence he was warned that he must not assert them in public, if he expected to remain within the colony. But as he set the constituted authorities at defiance, sentence of banishment was passed upon him, in October, 1635 ; with a permission, how ever, to remain until spring, provided he would restrain himself from the propensity to make proselytes, and pro claim his opinions to the people. It being soon ascertained, however, that disregaiding these injunctions, he was hold ing meetings at his own house, and preaching upon the very points for which he was censured, an order was given for his arrest ; not for the purpose of putting him in' prison, or thrusting him out among savages, but for the purpose of sending him back to England. Hearing of this order, he determined to evade it, and so passed over from Massachusettes to the west part ofthe Plymouth jurisdiction, where he remained for some time among the Indians. His place of retreat being known, "that ever honored Governor 63 Winthrop," as Williams himself styles him, privately wrote him to " steer his course to the Narragansett Bay, as being free from English claims or patents." "I took his prudent motion," says he, " as a voice from God !" Once established within his own jurisdiction, he re mained there without interference or molestation on the part of the colonies of Plymouth or Massachusetts, and in perfect friendship with both. What is there to complain of in all this 1 What was there of hardship or injustice in the case 1 He had come to the colonies without invitation, and remained there against their wishes. They did not desire to stifle his opinions, for one of their statutes express ly says, that " no creature is Lord, or has power over the faith and consciences of men, nor may restrain them to be lieve or profess against their consciences ; nor deprive them of their lawful liberty in a quiet and orderly way to propose their scruples." But they did desire to suppress the open and public proclamation of opinions, hurtful to their pro perty, and schismatical in their effects. Instead of har mony in an infant and feeble settlement, under his preach ing there would be inflamed zeal, heated controversy, doubtful faith, disturbed principles, and unsettled belief; for Williams himself afterwards became strenuous against the Quakers, holding public disputes with some of their most eminent teachers. At later periods of his life, he lived in open neglect of many of the ordinances for which he had once zealously contended. Instead of separating himself from the anti-christian churches, against which he had been so loud, he was ready to preach and pray for all sects, and became entirely doubtful as to what church he should unite himself with. Why should Mr. Williams raise up commotion, by attacking the patent of Massachu setts 1 Why should he, amongst a people who could not by possibility be brought to his way of thinking, deny that 64 the commandments of the first table of the law might be enforced by the secular power 1 Do any christian peo ple ; does any State ; does even Rhode Island herself pre tend to maintain good order upon the Sabbath day, without any law for its proper observance 1 One of the moving causes of emigration from Holland was the profanation of the Sabbath, and the impossibility of correcting the evil there ; the Dutch ministers themselves acknowledging the difficulty of withdrawing the people from their sports and ordinary occupations on that day. Should they then, at once throw off observances which were deemed fundamen tal and sacred 1 Should they admit themselves to be wrong on this vital point, which has never yet been abandoned by their descendants, and say that conscience made a law for itself, sufficient in all these matters of outward observance ? Are the consciences of all men alike 1 and guided by its dictates alone, can there be uniformity af action and a de cent preservation of order and propriety 1 The thing is im possible. Even under Mr. Williams, matters seem not to have been mended much, or very harmonious in their operation : for we find that in 1638, the free principles which he wished to establish in Massachusetts did not work particularly well in Rhode Island. " At Providence," says Governor Winthrop, " the devil was not idle, for whereas, at their first coming thither, Mr. Williams, and the rest, did make an order that no man should be molested for his con science ; now men's wives, and children, and servants, claimed liberty to go to all religious meetings, though never so often or private, upon week days ; and because one Verin refused to let his wife go to Mr. Williams so oft as she was called for, they required to have him censured ; and some were of opinion that if Verin would not suffer his wife to have her liberty, the church should dsipose of her to 65 some other man, who would use her better. In conclu sion ; when they would have censured Verin, another told them it was against their own order ; for Verin did what he did out of conscience, and their order was, that no man should be disturbed for conscience." But they whipped the Anabaptists and persecuted the Qua kers, you say 1 They moderately punished one individual of the former sect, it is true, in the year 1644 : "Not," says Mr. Winthrop, " for his opinions, but for his evil behavior, both at home and in court ; he being a scandalous person, of loose, habits, and much given to lying and idleness." And as for the Quakers, what were they in the days of our fathers 1 Were they the decent, orderly, quiet and modest people, which we see now, every where obedient to the laws, thrifty, industrious, benevolent and gentle ? Would John Winthrop, and William Bradford, and Francis Hig ginson lay their hands, think ye, upon the excellent per sons who at present occupy New Bedford, setting an ex ample of subordination, virtue and propriety, to all the world ? No, no. The Quakers of the seventeenth century were no more like the gentle Friends of the nine teenth, than the latter are like the Mormons. The former were ranters and fanatics,, disturbers of public peace and decency, entering the churches during the time of service, in the most shameless manner, and insulting the ministers there, in the administration of their sacred office. They invaded public houses, uttering their wild exhortations, and foaming forth their mad opinions, like persons possessed ; disturbing, also, the relations of private life, and meddling, everywhere, with matters beyond the pale of propriety, or even common modesty. One Eccles, a Quaker tailor, who wrote a narrative of his persecutions, as he termed them, in 1659, declares that he felt bound to go to the steeple-house in Aldermanbury 5 66 (as he called the church) on Sunday, "and take with him something to work upon, and do it in the pulpit, at their singing time ; and he carried with him a pocket to sew." Making his way with proverbial slyness into the pulpit, he sat himself, he says, " upon the cushion with his feet upon the seat where the priest, when he has told out his lies, doth sit," and pulling out his pocket, went to work. Was it not a marvellous persecution, that the peo ple thus disturbed, should have taken this insane zealot before a magistrate for punishment 1 George Fox himself, entered " a steeple-house," and cried out to the minister, in the time of divine service, " come down, thou deceiver ;" and on another occasion, approach ing Lichfield, he pulled off his shoes and walked barefoot through the place, crying out " woe to the bloody city." But even men like these were mild and decent, in compari son with others of their sect, who were carried away by the wildest impulses of phrenzy and fanaticism, putting the followers of Mathias even to the blush ; and against such public disturbers as these, the colony laws were directed. These laws were at first mild and gentle, and in 1659, Ply mouth, by statute, made a proposition to the Quakers, that if they would depart out of their jurisdiction within six months, no fines should be exacted of them ; promising that such of them as were poor should be supplied out of the public treasury. And to show the desire they had of preserving their own institutions merely, within their own jurisdiction, banishment from the Province, was in almost all cases, the first penalty prescribed for offences of this character. As measures of a mild nature were of no effect, the laws became more stringent, and it was then enacted, that if " ranters, Quakers, and other such vaga bonds," should come within any town, they might be seized and whipped with a rod, not exceeding fifteen stripes, 67 and a pass given them to depart out of the government. Associate this law with the image of the gentle Friend of our day, with his modest coat and quiet' manners, and it becomes absurd. But associate it with Mathias, wandering about the streets of New York, uttering his disgusting blasphemies to curious crowds and deceived proselytes, and I think you would certainly bestow upon him at least fifteen stripes with a rod before you gave him a pass to depart from the government. But if our ancestors were too severe in their measures for the suppression of " ranters, and such like vagabonds," they were not a whit more severe than the English themselves ; for we find that one James Naylor, a convert of George Fox, the great founder of the sect, was condemned to death for his extravagancies by the House of Commons, in 1656. Even the mild and excellent William Penn himself could hardly tolerate them ; saying that they were troublesome to the better sort, and furnished an occa sion for the looser to blaspheme. In considering the character and conduct of those who lived and conducted the affairs of government, with the ad ministration of its laws, two centuries ago, we should view them, not with eyes which have seen all the changes of thoughts, and all the improvements which that long period has produced, but they should be judged by the sentiments which prevailed in their time, and the lights by which they themselves were then guided. Itis an easy thing now to ridicule the laws of Massachusetts concerning witchcraft, and hurl anathemas against the pious men who carried them into effect. But what was the state of public opinion throughout the whole christian world upon this subject at that time 1 Was New England the only spot where laws of this nature were enacted 1 Had old England no statutes upon the subject 1 or if they remained upon the record, had they, by disuse become obsolete and forgotten 1 5* 68 "Todeny," says Blackstone, in his commentaries, written more than seventy years after all trials for this crime in New England had ceased ; "to deny the possibility, nay, actual existence, of witchcraft and sorcery, is at once flatly to contradict the revealed word of God, in various passages both ofthe Old and New Testament ; and the thing itself is a truth to which every nation in the world, hath in its turn borne testimony, either by examples seemingly well attested, or by prohibitory laws. The civil law punishes with death, not only the sorcerers themselves, but also those who consult them, imitating in the former the express law of God, ' thou shalt not suffer a witch to live.' And our laws, both before and since the conquest, have been equally penal, ranking this crime in the same class with heresy, and condemning both to the flames." Laws of the severest kind against this supposed offence, were passed in England, during the reign of Henry the eighth ; repeated and extended during that of James the first ; and continued on their statute books down to the year 1736, when, in the ninth year of George the second's reign it was enacted, that prosecutions should not, from that time forward, be carried on against any person for conjuration, witchcraft, enchantment, or sorcery ; leaving however, up on the face of the law itself, an implied belief in their existence. Who was Sir Matthew Hale, and when did he live 1 He was the Chief Justice of the King's Bench at one period of his life, and died in the year 1676, one of the most learned, just, and upright of all the magistrates that ever presided in an English court. And did he never try witches 1 Why, under his administration, and those of other learned and high minded judges of that time, more persons were put to death for this crime of witchcraft, in a single county of Eng land, in a brief space, than ever suffered in all the 69 States of New England, from the time of their settlement to the day when the delusion passed away, and, as I trust, for ever from the annals of mankind. No execution for conjuration or sorcery ever took place in New England, I believe, after the year 1693 ; but in old England, death con tinued to be inflicted for the same offences as late as 1722 ; showing conclusively that the crime had not its " local habitation and name " in Massachusetts alone. But how much have we improved, upon the score of superstition, even in these enlightened times 1 In what days of New England history can you find anything so monstrous and revolting as the Mormon superstition, crime or folly, which is now before your eyes ? When did Jemima Wilk inson flourish 1 And where, did a reverend fanatic speak to deluded crowds in unknown tongues 1 No ! credulity and superstition are not confined to particular periods or places ; but are of all times, and in every part of the world ; and happy are they who escape its influence. In paying a tribute to the merits of our dead ancestors, let not their modesty and freedom from ambition be forgot ten. To discharge their duty before God and man was their only aspiration. Power and place offered no temptations to their chastened minds. No matter in what condition man, under ordinary circumstances may be placed, whether as the Inca of Peru, surrounded by ingots of gold and pyra mids of silver, or as the poverty-stricken sachem of a north ern tribe, without wealth, or comfort, ot outward signs of magnificence ; power is nevertheless the strongest temptation to ambitious souls. In the desire for its possession, all other earthly regards are absorbed ; fraud, violence, and cor ruption, are invoked for its acquirement ; the endearments of home, the consciousness of right, the obligations of vir tue, and the sanctions of religion are all forgotten, while the human energies are concentrated into one fierce and in- 70 extinguishable motive. For it, man spurns the rights of his fellow man ; disregards the obligations of duty ; despises present retribution, and tempts that which is to come. In what s*trong contrast with all that we see exhibited, day by day, upon the busy theatre of human affairs at this time, does the conduct of the Pilgrims appear? Simple, unambitious, conscientious, and devoted ; considering pow er as a burden which all were bound to endure, they assum ed its cares without coveting its honors. There was no strife among them as to which should be greatest. Far from it. William Bradford having been repeatedly elected Governor, " got off" on one occasion, " by importunity." " If this appointment," said be, " was an honor or benefit, others beside himself should partake of it ; if it were a bur den, others beside himself should help to bear it." Nor was this feeling peculiar to him, for we find that in the year 1632, it was solemnly enacted at Plymouth, " that if then, or thereafter," any were elected to the office of Governor, and would not stand to the election, nor hold and execute the office for his year, that then, he be amerced in twenty pounds sterling, fine. And if any were elected to the office of Counsel, and refused to hold the place, that he be amerced in ten pounds, sterling." There is some reason to suspect, however much we may have adhered to the cus toms of our Pilgrim ancestors, that in this particular, weare somewhat degenerated. We have thus seen who the first planters of New Eng land were, and the causes which led to the great enterprise of establishing colonies upon our north-Atlantic shores. We have seen that they were men imbued with morals, sound and practical, though severe ; of principles high-minded and pure, though firm and unyielding ; of a religious faith and temperament, heated perhaps, by zeal to observances over-strict and formal : yet kind, tolerant and forgiving. 71 We have seen them everywhere carrying out the purposes and fulfilling the designs for which they emigrated. The darkness of the forest gave way before the vigorous strokes of the woodman ; the hum of the mill was mingled with the dash of the waterfall ; the noise of the hammer was heard in the solitude of the desert, and the lowing of herds penetrated to the abodes of the wolf and the panther ; the hill-side reflected back the gleam of the ploughshare, and the plains waved with the golden plumage of the harvest ; the wild incantations of the savage gave place to psalms of thanksgiving and the song of praise ; while civilization advanced everywhere over the land, sounding its glad voice, and pouring out its blessings. The progress of those little bands, from small beginnings to considerable communities ; from these communities to separate and independent States ; and from such States, to a harmonius union of all their descendants, under one com mon government, wisely constructed, powerfully main tained, and eminently respectable ; may be easily traced, when the sources ofthe mighty current, flowing so steadily on, are once well known. The «principles inculcated by our fathers, the education they bestowed upon their children, and the habits of pa tience, long-suffering, and perseverance in which they were trained, could not fail to have an influence, deep and abiding, upon their characters. Standing by their chartered rights on all occasions, when attacked, conscious that they were entitled to the immunities and privileges for which they had toiled so long, and suffered so much, the Pilgrims and their descendants were not likely to submit with tameness to wrongs and oppressions, come from what source they might. The contests in which they were involved with the na tives, after the termination of Philip's war, the blood which 72 they poured from their veins, and the desolations which came upon their borders, had been occasioned, for the most part, by controversies between the mother-country and her European neighbors, in which the colonies were compelled to take part. But they "remembered that they were Eng lishmen," and bore their portion of the burthens of war with patience and courage, murmuring at none of these things; for wherever the British flag waived on this conti nent, the sons of New England could be found marshalled under it, and standing side by side with their kinsmen. But their sympathies were always on the part of liberty, and from the beginning, they were essentially republican. H'snce, though not engaged in the conflict between the king and his parliaments, their hearts were always with the peo ple. They rejoiced in their success, they mourned over their misfortunes ; nor was it a day of fasting and prayer in the colonies, when the news came that the independent churches had established for themselves equality of rights, in the land where they were originally formed. " Full little did I think," exclaimed that stout old Puri tan, Governor Bradford, " full little did I think that the downfall of the bishops, with their courts, their canons, and ceremonies, had been so near when I first began this writ ing, in 1630 ; or that I should have lived to have seen or heard the same. And do ye now see the fruits of your labors, ye little band amongst the rest, the least amongst the thou sands of Israel? But who hath done it ? Even He, who sitteth upon the white horse : who is called faithful and true, and judgeth and fighteth righteously. It is He that treadeth the wine press, and hath upon his garment and upon his thigh a name written, the King of Kings, and Lord of Lords !" After that great revolution, which was the prelude mere ly, to the still greater one, which finally expelled the Stu arts from the British throne, the people of New England 73 steadily adhered to their early principles, and hence they furnished a refuge to such of King Charles' judges as es caped to their country, desolate and forlorn. They did not look upon them as regicides, who had murdered their sove reign, but in the language of Bradshaw's epitaph, as a part of "that band of heroes and patriots, who had fairly and openly adjudged Charles Stuart, tyrant of England, to a public and exemplary death ; thereby presenting to the amazed world, and transmitting down, through applauding ages the most glorious example of unshaken virtue, love of freedom and impartial justice, ever exhibited on the blood stained theatre of human action !" These principles, and these sentiments, they maintained, and in Boston boldly avowed and acted upon, even before tidings of the expulsion of James from his throne had reached their glad and expecting ears. As good citizens, as obedient subjects, they remained during the reigns of his daughters, and the first two of their successors from Han over; cherishing their free institutions, and, what was more, maintaining their independent sentiments with the unconquerable resolution of intelligent minds. How unwise then in the mother country ; how dangerous to wound the feelings of attachment which bound the de scendants of the Pilgrims to the early home of their fathers. How unjust to attempt to restrain their energies, circum scribe their powers, and subdue their spirit. Were men like these ever intended to be mere " hewers of wood and drawers of water," for taskmasters on the other side of the Atlantic ? Were the sons of the Pilgrims like the children of Issachar, " a strong ass couching down between two burdens ?" Were they likely to " see that rest was good, and the land pleasant," and so " bow their shoulders to bear, and become servants unto tribute ?" No, no. Eng land should have remembered that " Judah was a lion's 74 whelp, and that his hand, would be in the neck of his ene mies." A writer, to me unknown, who composed a preface to an edition of Hubbard's wars, printed in Boston, shortly before the battle of Bunker's Hill, speaking of his ancestors, ob serves, that however they may have been misrepresented, they were men of whom the world was not worthy. " According to the usual course of things," says he, " in this depraved and mutable state, their descendants, at this day, as might be expected, have, in a measure, departed from that simplicity of manners by which their renowned ancestors were distinguished. We, of this province, have been called upon, from an early period, to defend our lives and property against more distant savages. Our trust has been in our fathers' God, and hitherto, he hath delivered us. Our frontier settlements are exposed to savage inva sion ; and, though we trust not in our own bow, we are all armed and prepared for a defensive war !" Who were the savages hinted at here, as nearer than those more distant ones, who had formerly assailed the frontier settlements ? Against whom did the descendants of the Pilgrims then stand, all armed and prepared for a defensive war ? Could not those, who controlled the des tinies of Britain, hear the mutterings of the distant thunder, in these audible breathings-out of a suppressed, but concen trated and indomitable spirit ? Could nothing but the fierce lightning of the battle, and the peltings of the pitiless storm of war arouse them to the recollection, that the fathers of these men were Englishmen, who came over the great ocean, and that their children would perish in this wilder ness, rather than bear anything here, which would not be borne at home ? The same spirit which had planted the colonies, sustain ed and supported them through the whole Revolutionary 75 struggle ; so desolating, so unequal, so fierce, and unrelent ing. The history of that event is so remarkable, when care fully examined, as to excite astonishment, if not incredu lity ; and if an overruling Providence ever did interpose directly in the affairs of men, surely, its cloud by day, and pillar of fire by night, may be seen and traced through all the long and wearisome years of that eventful contest. Severed then, and forever, were the silver cords, which bound distant, but affectionate colonies to their parent country. The golden bowl had been broken at the foun tain. With ruthless violence it had been dashed down, and its fragments in after times, were never to be gathered up by the parent hand. But all the fruits of that vine which God had planted in the wilderness, were to remain to the descendants of those who had nurtured and nourished it, even with their tears and with their blood. Its branches were destined to shoot forth and spread out, and extend and blossom in the unknown and unthought-of depths of that vast continent, where its roots had struck so firmly and so deep. Equal rights and equal privileges for all men, were then and there secured ; and as I trust, made safe and enduring for ever. Freedom of thought, freedom of action under proper restraints, the inestimable gift of self-government, were each and all of them bestowed upon us by our fathers, at the close of that great drama, in which they, and the principal nations of Europe were finally actors. They es tablished institutions, which we are bound by all the sacred obligations of filial affection, of parental reverence, and common gratitude, to preserve and maintain, and hand down to those who may come after us. And by all these great and hallowed recollections, we will maintain and preserve and hand them down, that no reproach may come upon us or our generation. That education we have received, 76 we will transmit ; that language taught to us, we will teach to others ; those principles in which we have been wrapped as with a mantle, we will bequeath to posterity, as the last, best gift, which one generation can bestow upon another. The seeds sown by the Mayflower, shall be borne and wafted on the gentle winds of heaven, to every part of this vast continent, to spring up thirty, sixty, and an hundred fold, in the blossoms of that glorious and never-dying plant. The dove which was sent out from the Ark, was to ex plore the face of the waters, to see where rest could be found for the sole of her foot. The dove which went forth from the Mayflower, carried in her beak a leaf of the olive which was to be planted, and take root, and grow and flourish, after the great waters of toil, and suffering, and trial, and Revolution, should have subsided. The land is visible to us on every side, fertile and plea sant as the garden of the Lord. It was given to us as an inheritance ; as an inheritance we will preserve it. Our tears did not water it ; our blood did not nourish it ; our toil did not smooth down its surface ; but we are bound to it by the blood, and tbe tears, and the toil of our fathers ; and by all these sacred obligations we will guard it. The great orator of our time, and of his race, in his elo quent and profoundly philosophical discourse, delivered at Plymouth in the year 1820, speaking of his own native and beloved New England, expresses himself in these words: " Instead of being confined to its former limits, her popu lation has rolled backward and filled up the spaces included within her actual local boundaries. Not this only, but it has overflowed those boundaries and the waves of emigra tion have pressed farther and farther towards the West. The Alleghany has not checked it, the banks of the Ohio have been covered with it. Two thousand miles westward 77 from the rock where their fathers landed, may now be found the sons of the Pilgrims, cultivating smiling fields, rearing towns and villages, and cherishing the patrimonial bless ings of wise institutions, of liberty and religion." " It may be safely asserted that there are now more than a million of people, descendants of New England ancestry, living free and happy in regions which, hardly sixty years ago, were tracts of unpenetrated forest. Nor do rivers, or moun tains, or seas, resist the progress of industry and enterprise ; and ere'long the sons of the Pilgrims will be upon the shores ofthe Pacific." This prophecy, made just twenty-seven years ago, has become history within that brief space of time. The mil lion of the descendants of New England parentage here re ferred to, may, in all probability, be found in Ohio alone. The boundaries of the great rivers have been overleaped. The sterile plains, and still more sterile hills, beyond the .Mississippi, have been traversed. The barrier of the Alle- ghanies has presented no resistance ; the Rocky Mountains themselves have been scaled ; the stormy Cape has been doubled ; and now the sons of the Pilgrims stand upon the shores of the Pacific. They stand there with no eye turned towards the rising sun, except for the cheering warmth of his kindred rays. They stand there with no fainting reso lution, no faltering thought of return. As their march was westward, so, with an intrepid front, they follow the sun in his flight, and look out upon the broad Pacific to see in what distant land he hides his fading beams. That piercing gaze will never cease until the mystery has been solved. The isles of the sea will be measured ; the spherical form of the globe itself be proved by American exploration ; and the Anglo Saxons of this continent, steadily pursuing the on ward progress of their career, will put a girdle around the -earth, and yet come back to the Rock of, Plymouth, from whence they originally set forth.