No Union With Slaveholders!

KISSING THE CHAIN!

Shall Massachusetts stand erect no longer,

But stoop in chains upon her downward way,

Thicker to gather on her limbs, and stronger,

Day after day?’

In our last number, we gave a brief account of the ridiculous, spasmodic and inconsistent action of the House of Representatives of this State on the presentation of petitions, asking for a Convention of the People to devise measures for a peaceable secession of Massachusetts from the Union, for the intolerable grievances there in set forth; first, how those petitions were precipitately laid on the table by an overwhelming majority, and thus denied the courtesy of a reference; and how, the Whigs taking the alarm on seeing Mr. BOUTWELL (the ostensible leader of the Democratic party in the House) rise on his seat to object to such a course of action as a virtual denial of the right of petition, that vote was almost instantaneously reconsidered, and the petitions were referred to the Committee on the Judiciary. What has since transpired, up to the time our paper goes to press, we proceed to inform our readers.

On Friday last, the Committee with hot haste (forty-eight hours after receiving the petitions) reported that the petitioners have leave to withdraw. Thus no time was afforded for the presentation of a large number of similar petitions still circulating for signatures, and no opportunity was given the petitioners to be heard in behalf of the object prayed for. Hitherto, for several years past, petitions of this nature have been regularly sent to the Legislature, and in every instance received without hesitancy, duly referred, deliberately considered, and repeatedly supported by counsel before the Committee, even the hall of the House of Representatives being granted on several occasions for a hearing. By the rules of the House, the report of the present Committee was laid over for that day; but, as if anxious to make a special display of ‘patriotism,’ and to exonerate the Free Soil movement from every suspicion of ‘fanaticism,’ Mr. Wilson, of Natick, the proprietor of the Boston Republican, moved that the rules be suspended, and that the vote on the report of the Committee be taken by yeas and nays, that no time be lost to signify to the country and the world where Massachusetts stands in regard to this ‘glorious Union’!! The motion prevailed, and the report was accepted—Yeas, ALL except 1—Mr. TOLMAN, (Free Soiler,) of Worcester. In common with a multitude of others, we are astonished and indignant at the conduct of Mr. WILSON in this matter—of one who has displayed, on so many occasions in the House, both as a Whig and as a Free Soiler, a manly front on the subject of slavery, and at all times received at the hands of the abolitionists his full share of the credit. What his motive was for thus precipitating action, we leave him to explain. If it was with any hope of personal or party advantage, he will assuredly find that he has ‘reckoned without his host.’ If, in his conscience, he really believes that an active and willing support of the Union involves nothing of criminality—if he believes that the Union is promotive of liberty and equality, instead of chains and slavery—why then we could not reasonably expect that he would sanction a movement for its dissolution. Nevertheless, it is none the less extraordinary—especially in view of all he has said and done respecting the aggressions of the Slave Power—that he should be eager to outstrip both Whig and Democrat in his zeal to do an act which he knew would give special pleasure to the Southern brokers in the trade of blood, and gain nothing for Massachusetts but there fresh contempt for her disgusting servility.

One man—only one man of the two hundred and fifty who voted—was found willing or able to stand erect in the HOUSE on a question of justice, to say nothing of liberty; and while a single member retains his manhood, we will not despair of the old Bay State! Mr. TOLMAN, by his solitary vote, had displayed an independence as rare as it is commendable, and a fearlessness of consequences which indicates the man of integrity immeasurably above the party politician. Let the time-serving sneer at him, and the vile and malignant abuse him; it shall only place in stronger contrast his worth and their baseness. Of course, we are not commending him as a disunionist—for he is not, otherwise he would not be found in the Legislature; but only for his sense of justice, and of what constitutes fair treatment. As a member of the Judiciary Committee, he objected to its hasty report as equally unwise and unnecessary,—the subject presented for their consideration being one of the gravest character and greatest solemnity, justifying a patient hearing in its elucidation. He dissented not from the conclusion of the report, that the petitioners have to withdraw their petitions, but only from the haste with which intentionally made, so to give no opportunity to their signers to vindicate their course. This is all he meant to imply in giving his negative in the House; and for this he deserves the approbation of all decent, fair-minded, honorable men. He is no trading politician, but a working-man, a mechanic, of great integrity of character and lively conscientiousness, and must respected by those who know him. As a proof of his moral firmness, it deserves to be stated to his credit, in this connection, that he refused some profitable offers to furnish government wagons to be used in the Mexican war, regarding that war as he did as most wicked and inexcusable. It is so rare a thing for conscience to be stronger than the love of gain, that every instance like this is an oasis in the desert. It is evident that Mr. Tolman is not a man to be sneered or frowned down. In the House, he stood actually in the majority, for he was in the right and the right is with God, who is more than multitudinous.

Mr. BOUTWELL, in contending for a reference of the petitions, as due to a just regard for the right of petition, pursued a course for which we intended to accord him our thanks and all due credit; but his subsequent behavior has vitiated an otherwise meritorious act. On Tuesday, as one of the committee, we requested him to present to the House sundry petitions from Boston and other places, numerously and respectably signed, on the subject of disunion, similar to those already presented; and also a remonstrance signed by FRANCIS JACKSON and others against the precipitate action of the Committee and the House on the petitions, and asking for a hearing as a matter of Justice. Much to our surprise, but more to his own discredit, Mr. BOUTWELL positively declined complying with the request! On the question of the Union he was eminently patriotic—very conscientious; he could never think, for one moment, of presenting such petitions. ‘But is it a matter of conscience, or a rule of action with you,’ we asked, ‘never to present a petition, except you can give it your sanction?’ He could not say it was. ‘Why, then, the present refusal? Do you believe there is any one, either in this Commonwealth or out of it, who would suppose that you were in favor of a dissolution of the Union merely from the fact of your presenting these petitions?’ He did not suppose there was. ‘you can make as many disclaimers as you may think proper; to these we do not object; these we are prepared to expect; but we still desire these petitions and this remonstrance to be laid before the House.’ He should prefer that some other person would present them. ‘But the same excuse that you make might be made by every other member; and where then would be the right of petition? If a memorial relating to the liberty of the people of Massachusetts, and to the millions in this country who are groaning in bondage, couched in respectful and solemn phraseology, is to be denied a presentation, so may all others of an inferior nature if the petitions are in error as to the form or substance of their request, is it not obviously the true way to allay popular agitation for the Legislature to show wherein they err?’ He had no doubt that the dissolution of the Union would be the abolition of slavery; but he went for the Union as the lesser of two evils! Humane man—upright moralist—profound logician! To cease ‘striking hands with thieves and consenting with adulterers’—to refuse any longer to join in the enslavement of three millions of the people of this country—would certainly give liberty to the oppressed, and put an end to all the woes and horrors of the slave system, but it would be injurious to ourselves!! How disinterested the action, how exact the calculation! See what folly it is to obey God by remembering them that are in bonds as bound with them, and loving our neighbors as ourselves! See how safe, profitable and. expedient it is to commit sin, perpetrate robbery, and exercise tyranny, on a gigantic sale! ‘The end sanctifies the means—I am for doing evil that good may come’—is the moral philosophy of this leader of the Democratic party.

Mr. BOUTWELL may reconcile—if he can—the consistency of his acts in refusing to present a disunion petition to the House; and then, after its presentation by other hands, protesting against its being summarily laid upon the table as a virtual denial of the right of petition, and advocating its reference to the Judiciary Committee. We are unable to reconcile discrepancies so glaring.

We admonished him—as we would admonish all politicians—that this great and solemn question is not to be dodged, crowded down, or shuffled out of sight, with impunity—that those who are pressing it are not lacking in intelligence or spirit, neither are they to be discouraged by defeat or intimidated by censure—that it is the religious element, it its purest and most disinterested manifestation, by which they are impelled—a dread of sin, a hatred of tyranny, a sacred love of liberty, and a sentiment of obedience to God, overriding all party ties and all constitutional requirements—and therefore not to be trifled with.

On Wednesday forenoon, Mr. TOLMAN presented the remonstrance of Francis Jackson and others, against the action of the House on Friday last, as follows:

To the House of Representatives of the Commonwealth of Massachusetts:

The undersigned, petitioners ‘for a Convention of the People of this Commonwealth to devise measures for a peaceful Secession of Massachusetts from the Union,’ respectfully ask for a reconsideration of the vote of the House, on Friday last, by which those petitioners had leave to withdraw their petition—basing their request and their remonstrance against the action of the house on the following grounds:—

1. That the petitioners had no opportunity to be heard before your Committee in support of the object prayed for; the action both of the Committee and the House manifesting, in the judgment of the undersigned, precipitancy, and being without any good precedent.

2. That if a patient hearing is cheerfully conceded to petitions touching matters of the smallest pecuniary interest, much more does the same, of right, belong to questions involving the welfare, honor and liberty of millions.

3. That while your petitioners are subjected, by the Constitution and laws of the United States, and therefore of this Commonwealth, to heavy fines for obeying the law of God, and refusing to deliver up the fugitive slave, or giving him aid and protection, they feel that they have a right to be heard in asking to be relieved from such immoral obligations.

4. That while citizens of this Commonwealth, on visiting Southern States, are seized, thrust into privation, condemned to work with felons in the chain-gain, and frequently sold on the auction block as slaves;—and while the governments both of the United States and of the Southern States have refused, or made it penal, to attempt a remedy—and while this Commonwealth has given up all effort to vindicate the rights of its citizens as hopeless and impracticable, under the present Union—it is manifestly the duty of the Commonwealth, as a Sovereign State, to devise some other measure for the redress and prevention of so grievous a wrong, which your petitioners are profoundly convinced can be reached only by a secession from the present union.

5. That while the matter touched on in said petitions has attracted so much attention, and awakened so deep an interest in all parts of the country, it is clearly the duty of the legislature, in the opinion of the undersigned, either to hear the reasons on which the petitioners found their request, or, at least, to make a plain statement of the petitioners’ mistake as to the form or substance of the remedy prayed for.

6. That on a subject so momentous, the precipitate rejection of a petition, without reason given therefore, or opportunity offered to the petitioners to support their request, is a virtual denial of the right of petition.

FRANCIS JACKSON,

WM. LLOYD GARRISON,

EDMUND QUINCY,

WENDELL PHILLIPS,

WM. I. BOWDITCH,

JOHN ROGERS,

EDMUND JACKSON,

CHARLES F. HOVEY,

CHARLES K. WHIPPLE,

SAMUEL MAY, JR.,

JOHN M. SPEAR,

ROBERT F. WOLLCUT,

BOURNE SPOONER.

Mr. Tolman made a few sensible remarks, defining his own position, and expressing his conviction that the petitioners had not been fairly treated. He therefore moved that the remonstrance he referred to the Committee of the Judiciary.

Mr. Codman, of Boston, moved that the remonstrants have leave to withdraw their remonstrance; and on this the yeas and nays were ordered—41 to 125.

Mr. Earle, of Worcester, moved to refer the remonstrance to the Special committee on Slavery, and supported his motion in some earnest and forcible remarks. A long debate ensued—Messrs. Earle and Tolman, Griswold of Greenfield, Branning of Tyringham, and Wilson of Natick, supporting the commitment, and Messrs. Codman, Schouler and Kimball of Boston, Hoar of Concord, and Smith of Enfield, (the last named an orthodox deacon, in appearance ‘a sleek oily man of God,’) opposing it.

Mr. Williams, of Taunton, demanded the previous question, which was ordered, thus cutting off the motion to commit.

The yeas and nays were then taken on Mr. Codman’s motion to give the remonstrants leave to withdraw, and the motion was carried—yeas 192, nays 63—Mr. Boutwell, of Groton, voting in the affirmative.

It is due to Mr. Wilson of Natick, to say that his course on this occasion was manly, explicit and commendable. In explanation of his vote on Friday, he said he was not aware that the petitioners desired a hearing: if he had been, he would not have voted that they should have leave to withdraw their petitions until they had been fully and fairly heard. We accept the explanation, and so would mitigate the severity of our censure; at the same time wondering that he should have supposed that he should have been the first to hasten the action of the House on this subject. Well, this is our defence—

‘Though we break our fathers’ promise, we have nobler duties first:

The traitor to Humanity is the traitor most accurst!

Man is more than Constitutions—better rot beneath the sod,

Than be true to Church and state while we are doubly false to God!’

SOURCE: “No Union With Slaveholders!” The Liberator, Boston, Massachusetts, Friday, February 22, 1850, p. 2, cols. 5-6

No Union With Slaveholders!

In the House of Representatives of this State, on Monday last, petitions numerously signed by legal as well as non-voters, were presented from Abington and Leominster, for the peaceable secession of Massachusetts from the Union.

It is time for the return and presentation of other petitions that are in circulation in various parts of the Commonwealth, to the same intent—Those to whom this matter has been specially entrusted are earnestly enjoined to be prompt and active. It is desirable to procure the names of as many of the women of Massachusetts as possible, as well as of the legal voters. This struggle for the freedom and independence, like that of ’76, must enlist all classes and both sexes in its support. We have had enough of Southern domination and misrule, and too long been in religious and political partnership with the deadliest foes of human liberty. Let us rend the chains that bind our limbs, and it will be impossible to keep the Southern slaves long in captivity. The present Union is an imposture, a shame, a lie, an insupportable despotism. Away with it, and on its ruins let us erect a glorious temple of freedom.

Send in the petitions!

SOURCE: “No Union With Slaveholders!” The Liberator, Boston, Massachusetts, Friday, February 12, 1847, p. 2, col. 5.

Proceedings of Congress.

Congress sat yesterday with open doors, devoting their entire session to suitable tributes to the virtues and services of their late fellow-member, the venerable and lamented ex-President Tyler. All day long his honored remains lay in state, in the draped Hall of Congress, covered with the flag of his country, with a wreath of evergreens and white roses on his breast; and multitudes of both sexes visited the chamber to take a last look at his well-known features, and testify by their presence their sense of the public loss. As the hour for the meeting of Congress drew near, the space allotted to spectators rapidly filled with ladies and gentlemen. At twelve o'clock President Cobb took the chair, and an earnest and touching prayer was offered by Rev. Dr. Hoge.

Mr. MACFARLAND, of Virginia, rose and said:

Mr. President: My colleagues have been pleased to assign to me the sad duty of preparing resolutions, to express the sense of Congress of the great bereavement it is summoned unexpectedly to mourn and lament. I wish it were in my power to perform the mournful duty in a manner satisfactory to the sensibilities of Congress and the country. Any announcement of the decease of the Hon. John Tyler is imperfect and inadequate, fails of giving utterance to the nation's lamentation, if it do not present him as a statesman and patriot in whom his countrymen delighted to repose their confidence, and who failed not to derive fresh incentives to honor and revere him from the faithfulness and ability with which he administered every trust.

John Tyler is an historical name. He was himself permitted to hear the judgment of his generation, and I might say, of posterity, upon the labors and motives of his life, pronouncing that they were alike elevated and successful. He was the venerable representative of the memories of a past age, with its renounced alliances and associations, and zealous and efficient in the reforms and progress which have made the period of his latter days forever memorable. His fame is indissolubly blended with the history of his times, and shall survive the most enduring memorials of personal affection, or of public esteem. Live, he still does, and will, in his example, his deeds, the purity of his public and private life, in his matured counsels and inflexible devotion to Constitutional and Republican Government. However profoundly the blow smote upon our own feelings, "where else could he have been relieved of the yoke of his labors so well as in the field where he bore them?"

The time in which he lived was characterized by fierce political and party divisions; and Mr. Tyler was ever intrepid in avowing his opinions, and resolute in defending them. His career as chief-magistrate of the United States exposed him to painful collisions, and demanded of him the exercise of the highest fortitude and intrepidity. He met his trials then, as he did all others, as a good and brave man may, with patience and confidence, in the ultimate vindication of his motives. It was reserved for him, here in his own State, and in her august convention, to receive the unanimous vote of the entire body, on being proposed as a delegate to this Provisional Congress—an emphatic and deserved tribute to the fidelity of his eventful life, and to the weight of his character.

Mr. President, it is not alone for his statesmanship, and the length and variety of his public services, that Mr. Tyler will be gratefully remembered, and that admiring memories will fondly revert to, and recall him. As in his successive elevation from one high trust to another, until he had compassed the entire round of political preferment, an increase of reputation, fame, homage, met him at every advance, so in private life it was his privilege to secure the respect, confidence and esteem of all who approached him. Of the most obliging courtesy, genial, generous and confiding; and withal, so engaging for his copious eloquence, his sympathy for his fellow man, and his profound views of the questions which engaged the public attention, all persons were instinctively attracted to him, nor did any go away without admiring him. You remember, sir, how the gentlemen of this House were accustomed to cluster around him, and how engaging and attractive he was always found. Nothing now remains for us, but the last and sad office of mourning friends, to commemorate the afflicting dispensation.

I move the adoption of the following resolutions:

Resolved, That Congress has heard, with the deepest sensibility, of the death, in this city, on the morning of Saturday, the 18th instant, of the Hon. John Tyler, a member of this Congress from the State of Virginia.

Resolved, That as a testimonial of respect for the memory of this illustrious statesman and honored patriot, the members of the Congress will wear the usual badge of mourning for thirty days, and will attend the funeral of deceased at twelve o'clock to-morrow.

Resolved, That a committee of one member from each State be appointed to superintend the funeral solemnities.

Resolved, That the proceedings of this body, in relation to the death of the Hon. John Tyler, be communicated by the President of Congress to the family of deceased.

Resolved, That as a further mark of respect to the memory of the deceased, that Congress do now adjourn.

Eulogies on the deceased were then pronounced by Messrs. Hunter and Rives, of Virginia Wigfall, of Texas; Venable, of North Carolina; and Rhett, of South Carolina.

The resolutions were then adopted, but the adjournment was stayed to enable the Speaker to present a copy of the resolutions adopted by the General Assembly of Virginia, on Saturday, in relation to the death of Mr. Tyler.

On motion of Mr. Bocock, of Virginia, a committee to make arrangements for the funeral obsequies was appointed.

The Speaker announced the committee as follows: Messrs. Bocock, of Virginia; Smith, of Alabama; Johnson, of Arkansas; Ward, of Florida; Crawford, of Georgia; Burnett, of Kentucky: Conrad, of Louisiana; Harris, of Mississippi; Bell, of Missouri; Morehead, of North Carolina; Boyce, of South Carolina; Atkins, of Tennessee; and Oldham, of Texas.

On motion, Congress Adjourned.

SOURCES: Lyon Gardiner Tyler, The Letters and Times of the Tylers, Volume 2, pp. 674-6; “Proceedings Of Congress,” Daily Richmond Whig, Richmond, Virginia, Tuesday Morning, January 21, 1862, p. 2, col. 1 & 2

An Act for the Better Preventing of a Spurious and Mixt Issue, December 5, 1705

Be it enacted by His Excellency the Governour, Council and Representatives in General Court assembled, and by the authority of the same,

[Sect. 1.] That if any negro or molatto man shall commit fornication with an English woman, or a woman of any other Christian nation within this province, both the offenders shall be severely whip'd, at the discretion of the justices of assize, or court of general sessions of the peace within the county where the offence shall be committed; and the man shall be ordered to be sold out of the province, and be accordingly sent away, within the space of six months next after such order made, and be continued in prison, at his master's charge, until he be sent away; and the woman shall be enjoyned to maintain the child (if any there be) at her own charge; and if she be unable so to do, she shall be disposed of in service to some of her majesty's subjects within the province, for such term as the justices of the said court shall order, for the maintenance of the child.

[Sect. 2.] And if any Englishman, or man of other Christian nation within this province, shall commit fornication with a negro, or molatto woman, the man so offending shall be severely whip'd, at the discretion of the justices of the court of assize, or court of general sessions of the peace, before whom the conviction shall be; and shall also pay a fine of five pounds to her majesty, for and towards the support of the government, and be enjoyn'd to maintain the child, if any there be. And the woman shall be sold, and be sent out of the province as aforesaid.

[Sect. 3.] And if any negro or molatto shall presume to smite or strike any person of the English or other Christian nation, such negro or molatto shall be severely whip'd, at the discretion of the justices before whom the offender shall be convicted.

And be it further declaimed and enacted by the authority aforesaid,

[Sect. 4.] That none of her majesty's English or Scottish subjects, nor of any other Christian nation within this province, shall contract matrimony with any negro or molatto; nor shall any person duely authorized to solemnize marriages presume to joyn any such in marriage, on pain of forfeiting the sum of fifty pounds, one moiety thereof to her majesty for and towards the support of the government within this province, and the other moiety to him or them that shall inform and sue for the same in any of her majesty's courts of record within the province, by bill, plaint or information.

[Sect. 5.] And no master shall unreasonably deny marriage to his negro with one of the same nation, any law, usage or custom to the contrary notwithstanding.

And be it further enacted by the authority aforesaid,

[Sect. 6.] That from and after the first day of May in the year one thousand seven hundred and six, every master of ship or vessel, merchant or other person, importing or bringing into this province any negro or negro's, male or female, of what age soever, shall enter their number, names and sex in the impost office; and the master shall insert the same in the manifest of his lading, and shall pay to the commissioner and receiver of the impost four pounds per head for every such negro, male or female; and as well the master, as the ship or vessel wherein they are brought, shall be security for payment of the said duty, and both or either of them shall stand charged, in the law, therefore to the commissioner, who may deny to grant a clearing for such ship or vessel until payment be made, or may recover the same of the master, (at the commissioner's election), by action of debt, bill, plaint or information, in any of her majesty's courts of record within this province.

[Sect. 7.] And if any master of ship or vessel, merchant or others, shall refuse or neglect to make entry, as aforesaid, of all negro's imported in such ship or vessel, or be convicted of not entring the full number, such master, merchant or other person shall forfeit and pay the sum of eight pounds for every one that he shall refuse or neglect to make entry of, one moiety thereof to her majesty, for and towards the support of the government of this province, and the other moiety to him or them that shall inform of the same, to be recovered by the commissioner in manner as aforesaid.

[Sect. 8.] And if any negro, imported as aforesaid, for whom the duty is paid, shall be again exported within the space of twelve months, and be bona fide sold in any other plantation, upon due certificate thereof produced, under the hand and seal of the collector, or naval officer, in such other plantation, the importer here shall be allowed to draw back the whole duty of four pounds by him paid, and order shall be given accordingly. And the like advantage of the drawback shall be allowed to the purchaser of any negro sold within this province, in case such negro happen to dye within the space of six weeks next after importation, or bringing into this province.   [Passed December 5.

SOURCE: The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay, Volume 1, pp. 578-9

Diary of Edward Bates: April 21, 1859

A bad, rainy day all day long. Yesterday afternoon, my young friend, Lieutenant J. E. B. Stuart,²⁰ came out, with his wife and child and spent the night with us. He starts today for Memphis, on his way to Va., having just come from Fort Reilly,²¹ on leave for 6 months.

Mr. Wm. Glasgow Jr. gave me some plants w[hi]ch. he brought from the Hot Springs of Washetaw.

1. Native grape, resembling the Isabella, but thought to be better.

2. Native Muscadine grape.

3. Yeopan — Evergreen shrub producing red berries (supposed the same shrub used for Tea, near Norfolk[)].

4 Rattan — a slender aspiring, green vine. The plants are very dry, and I fear will not grow[.] . . ,²² Note — I was called on today by Mr. John Churchman (and his son) with a letter of introduction from A. H. H. Stuart.²³

_______________

²⁰ James E. B. Stuart of Virginia: graduate of West Point in 1854 ; Indian fighter; lieutenant in the U. S. Army until he resigned when Virginia seceded; then major-general in the Confederate Army until he died of wounds in 1864.

²¹ This should be Fort Riley which was near Junction City, Kansas.

²² A marginal note telling where he set the plants.

²³ Alexander H. H. Stuart of Virginia: Whig congressman, 1841-1843 ; secretary of the Interior, 1850-1853; unionist until Virginia seceded ; leader in the reconciliation movement after the War; debarred member-elect of Congress in 1865.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 10

Diary of Edward Bates: Good Friday, April 22, 1859

Rainy and cold all day, and the Roads excessively muddy — Tallies

2d. Pepys' Diary, 234. note. 1. 12. May 1665. [1854 ed., H. Colburn, London] gives an account, of the use of Tallies (or notched sticks) in keeping the accounts of the English Treasury. It seems that the use of Tallies was continued until some 25 or 30 years ago. They were negotiable, and sold in the market, like our Treasury notes —

See Smith's Wealth of Nations, Book 2. Ch : 11.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 10

Diary of Edward Bates: Sunday, April 24, 1859

Attended the Pine street Church to hear Mr. McPheeters²⁴ preach[.]

Today the first tulip of the season full blown.

_______________

²⁴ Samuel B. McPheeters, though personally loyal under his chaplain's oath of allegiance, insisted that the church must not meddle in civil affairs or take sides in the Civil War. He was expelled from the State by the military authorities, then sustained by Lincoln who rescinded the order of expulsion and sent instructions that the military must not interfere with churches, and finally dismissed from his pastorate by the unionist portion of his own congregation.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 10

The Massachusetts Body of Liberties, December 1641

[The Massachusetts " Body of Liberties," the first code of laws established in New England, was compiled by Nathaniel Ward (c. 1578-1652) a leading English Puritan minister, who had been trained as a lawyer. He came to the colony in 1634, and was for a time pastor at Ipswich. The "Liberties" were established by the Massachusetts General Court in December, 1641.]

THE LIBERTIES OF THE MASSACHUSETS COLLONIE IN NEW ENGLAND, 1641

THE free fruition of such liberties, Immunities, and priveledges as humanitie, Civilitie, and Christianitie call for as due to every man in his place and proportion, without impeachment, and infringement, hath ever bene and ever will be the tranquillitie and Stabilitie of Churches and Commonwealths. And the deniall or deprivall thereof, the disturbance if not the ruine of both.

We hould it therefore our dutie and safetie whilst we are about the further establishing of this Government to collect and expresse all such freedomes as for present we foresee may concerne us, and our posteritie after us, And to ratify them with our sollemne consent.

Wee doe therefore this day religiously and unanimously decree and confirme these following Rites, liberties, and priveledges concerneing our Churches, and Civil State to be respectively, impartiallie, and inviolably enjoyed and observed throughout our Jurisdiction for ever.

I. No mans life shall be taken away, no mans honour or good name shall be stayned, no mans person shall be arested, restrayned, banished, dismembred, nor any wayes punished, no man shall be deprived of his wife or children, no mans goods or estaite shall be taken away from him, nor any way indammaged under colour of law or Countenance of Authoritie, unlesse it be by vertue or equitie of some expresse law of the Country waranting the same, established by a generall Court and sufficiently published, or in case of the defect of a law in any partecular case by the word of God. And in Capitall cases, or in cases concerning dismembring or banishment according to that word to be judged by the Generall Court.

2. Every person within this Jurisdiction, whether Inhabitant or forreiner, shall enjoy the same justice and law, that is generall for the plantation, which we constitute and execute one towards another without partialitie or delay.

3. No man shall be urged to take any oath or subscribe any articles, covenants or remonstrance, of a publique and Civill nature, but such as the Generall Court hath considered, allowed, and required.

4. No man shall be punished for not appearing at or before any Civill Assembly, Court, Councell, Magistrate, or Officer, nor for the omission of any office or service, if he shall be necessarily hindred by any apparent Act or providence of God, which he could neither foresee nor avoid. Provided that this law shall not prejudice any person of his just cost or damage, in any civil action.

5. No man shall be compelled to any publique worke or service unlesse the presse be grounded upon some act of the generall Court, and have reasonable allowance therefore.

6. No man shall be pressed in person to any office, worke, warres, or other publique service, that is necessarily and suffitiently exempted by any naturall or personall impediment, as by want of yeares, greatnes of age, defect of minde, fayling of sences, or impotencie of Lymbes.

7. No man shall be compelled to goe out of the limits of this plantation upon any offensive warres which this Comonwealth or any of our friends or confederats shall volentarily undertake. But onely upon such vindictive and defensive warres in our owne behalfe or the behalfe of our freinds and confederats as shall be enterprized by the Counsell and consent of a Court generall, or by authority derived from the same.

8. No mans Cattel or goods of what kinde soever shall be

pressed or taken for any publique use or service, unlesse it be by warrant grounded upon some act of the generall Court, nor without such reasonable prices and hire as the ordinarie rates of the Countrie do afford. And if his Cattel or goods shall perish or suffer damage in such service, the owner shall be suffitiently recompenced.

9. No monopolies shall be granted or allowed amongst us, but of such new Inventions that are profitable to the Countrie, and that for a short time.

10. All our lands and heritages shall be free from all fines and licenses upon Alienations, and from all hariotts, wardships, Liveries, Primer-seisins, yeare day and wast, Escheates, and forfeitures, upon the deaths of parents or Ancestors, be they naturall, casuall or Juditiall.

11. All persons which are of the age of 21 yeares, and of right understanding and meamories, whether excommunicate or condemned shall have full power and libertie to make there wills and testaments, and other lawful alienations of theire lands and estates.

12. Every man whether Inhabitant or fforreiner, free or not free shall have libertie to come to any publique Court, Councel, or Towne meeting, and either by speech or writeing to move any lawfull, seasonable, and materiall question, or to present any necessary motion, complaint, petition, Bill or information, whereof that meeting hath proper cognizance, so it be done in convenient time, due order, and respective manner.

13. No man shall be rated here for any estaite or revenue he hath in England, or in any forreine partes till it be transported hither.

14. Any Conveyance or Alienation of land or other estaite what so ever, made by any woman that is married, any childe under age, Ideott or distracted person, shall be good if it be passed and ratified by the consent of a generall Court.

15. All Covenous or fraudulent Alienations or Conveyances of lands, tenements, or any heriditaments, shall be of no validitie to defeate any man from due debts or legacies, or from any just title, clame or possession, of that which is so fraudulently conveyed.

16. Every Inhabitant that is an howse holder shall have free fishing and fowling in any great ponds and Bayes, Coves and Rivers, so farre as the sea ebbes and flowes within the presincts of the towne where they dwell, unlesse the free men of the same Towne or the Generall Court have otherwise appropriated them, provided that this shall not be extended to give leave to any man to come upon others proprietie without there leave.

17. Every man of or within this Jurisdiction shall have free libertie, notwithstanding any Civill power to remove both himselfe, and his familie at their pleasure out of the same, provided there be no legall impediment to the contrarie.

Rites, Rules, and Liberties concerning Juditiall proceedings

18. No mans person shall be restrained or imprisoned by any authority whatsoever, before the law hath sentenced him thereto, if he can put in sufficient securitie, bayle or mainprise, for his appearance, and good behaviour in the meane time, unlesse it be in Crimes Capitall, and Contempts in open Court, and in such cases where some expresse act of Court doth allow it.

19. If in a general Court any miscariage shall be amongst the Assistants when they are by themselves that may deserve an Admonition or fine under 20 sh. it shall be examined and sentenced amongst themselves, If amongst the Deputies when they are by themselves, it shall be examined and sentenced amongst themselves, If it be when the whole Court is togeather, it shall be judged by the whole Court, and not severallie as before.

20. If any which are to sit as Judges in any other Court shall demeane themselves offensively in the Court, The rest of the Judges present shall have power to censure him for it, if the cause be of a high nature it shall be presented to and censured at the next superior Court.

21. In all cases where the first summons are not served six dayes before the Court, and the cause breifly specified in the warrant, where appearance is to be made by the partie summoned, it shall be at his libertie whether he will appeare or no, except all cases that are to be handled in Courts suddainly called, upon extraordinary occasions, In all cases where there appeares present and urgent cause any assistant or officer apointed shal have power to make our attaichments for the first summons.

22. No man in any suit or action against an other shall falsely pretend great debts or damages to vex his adversary, if it shall appeare any doth so, The Court shall have power to set a reasonable fine on his head.

23. No man shall be adjudged to pay for detaining any debt from any Crediter above eight pounds in the hundred for one yeare, And not above that rate proportionable for all somes what so ever, neither shall this be a coulour or countenance to allow any usurie amongst us contrarie to the law of god.

24. In all Trespasses or damages done to any man or men, If it can be proved to be done by the meere default of him or them to whome the trespasse is done, It shall be judged no trespasse, nor any damage given for it.

25. No Summons pleading Judgement, or any kinde of proceeding in Court or course of Justice shall be abated, arested or reversed upon any kinde of cercumstantiall errors or mistakes, If the person and cause be rightly understood and intended by the Court.

26. Every man that findeth himselfe unfit to plead his owne cause in any Court shall have Libertie to imploy any man against whom the Court doth not except, to helpe him, Provided he give him noe fee or reward for his paines. This shall not exempt the partie him selfe from Answering such Questions in person as the Court shall thinke meete to demand of him.

27. If any plantife shall give into any Court a declaration of his cause in writeing, The defendant shall also have libertie and time to give in his answer in writeing, And so in all further proceedings betwene partie and partie, So it doth not further hinder the dispach of Justice then the Court shall be willing unto.

28. The plantife in all Actions brought in any Court shall have libertie to withdraw his Action, or to be nonsuited before the Jurie hath given in their verdict, in which case he shall alwaies pay full cost and chardges to the defendant, and may afterwards renew his suite at an other Court if he please.

29. In all actions at law it shall be the libertie of the plantife and defendant by mutual consent to choose whether they will be tryed by the Bensh or by a Jurie, unlesse it be where the law upon just reason hath otherwise determined. The like libertie shall be granted to all persons in Criminall cases.

30. It shall be in the libertie both of plantife and defendant, and likewise every delinquent (to be judged by a Jurie) to challenge any of the Jurors. And if his challenge be found just and reasonable by the Bench, or the rest of the Jurie, as the challenger shall choose it shall be allowed him, and tales de cercumstantibus impaneled in their room.

31. In all cases where evidences is so obscure or defective that the Jurie cannot clearely and safely give a positive verdict, whether it be a grand or petit Jurie, It shall have libertie to give a non Liquit, or a spetiall verdict, in which last, that is in a spetiall verdict, the Judgement of the cause shall be left to the Court, And all Jurors shall have libertie in matters of fact if they cannot finde the maine issue, yet to finde and present in their verdict so much as they can, If the Bench and Jurors shall so suffer at any time about their verdict that either of them cannot proceede with peace of conscience the case shall be referred to the Generall Court, who shall take the question from both and determine it.

32. Every man shall have libertie to replevy his Cattell or goods impounded, distreined, seised, or extended, unlesse it be upon execution after Judgement, and in paiment of fines. Provided he puts in good securitie to prosecute his replevin, And to satisfie such demands as his Adversary shall recover against him in Law.

33. No mans person shall be arrested, or imprisoned upon execution or judgment for any debt or fine, If the law can finde competent meanes of satisfaction otherwise from his estaite, and if not his person may be arrested and imprisoned where he shall be kept at his owne charge, not the plantife's till satisfaction be made, unlesse the Court that had cognizance of the cause or some superior Court shall otherwise provide.

34. If any man shall be proved and Judged a common Barrator vexing others with unjust frequent and endlesse suites, It shall be in the power of Courts both to denie him the benefit of the law, and to punish him for his Barratry.

35. No mans corne nor hay that is in the feild or upon the Cart, nor his garden stuffe, nor any thing subject to present decay, shall be taken in any distresse, unles he that takes it doth presently bestow it where it may not be imbesled nor suffer spoile or decay, or give securitie to satisfie the worth thereof if it come to any harme.

36. It shall be in the libertie of every man cast condemned or sentenced in any cause in any Inferior Court, to make their appeale to the Court of Assistants, provided they tender their appeale and put in securitie to prosecute it, before the Court be ended wherein they were condemned, And within six dayes next ensuing put in good securitie before some Assistant to satisfie what his Adversarie shall recover against him; And if the cause be of a Criminall nature for his good behaviour, and appearance, And everie man shall have libertie to complaine to the Generall Court of any Injustice done him in any Court of Assistants or other.

37. In all cases where it appeares to the Court that the plantife hath wilingly and witingly done wronge to the defendant in commencing and prosecuting an action or complaint against him, They shall have power to impose upon him a proportionable fine to the use of the defendant or accused person, for his false complaint or clamor.

38. Everie man shall have libertie to Record in the publique Rolles of any Court any Testimony given upon oath in the same Court, or before two Assistants, or any deede or evidence legally confirmed there to remaine in perpetuam rei memoriam, that is for perpetuall memoriall or evidence upon occasion.

39. In all actions both real and personall betweene partie and partie, the Court shall have power to respite execution for a convenient time, when in their prudence they see just cause so to doe.

40. No conveyance, Deede, or promise whatsoever shall be of validitie, If it be gotten by Illegal violence, imprisonment, threatening, or any kinde of forcible compulsion called Dures.

41. Everie man that is to Answere for any criminall cause, whether he be in prison or under bayle, his cause shall be heard and determined at the next Court that hath proper Cognizance thereof, And may be done without prejudice of Justice.

42. No man shall be twise sentenced by Civill Justice for one and the same Crime, offence, or Trespasse.

43. No man shall be beaten with above 40 stripes, nor shall any true gentleman, nor any man equall to a gentleman be punished with whipping, unles his crime be very shamefull, and his course of life vitious and profligate.

44. No man condemned to dye shall be put to death within fower dayes next after his condemnation, unles the Court see spetiall cause to the contrary, or in case of martiall law, nor shall the body of any man so put to death be unburied 12 howers unlesse it be in case of Anatomie.

45. No man shall be forced by Torture to confesse any Crime against himselfe nor any other unlesse it be in some Capitall case, where he is first fullie convicted by cleare and suffitient evidence to be guilty, After which if the cause be of that nature, That it is very apparent there be other conspiratours, or confederates with him, Then he may be tortured, yet not with such Tortures as be Barbarous and inhumane.

46. For bodilie punishments we allow amongst us none that are inhumane Barbarous or cruel.

47. No man shall be put to death without the testimony of two or three witnesses or that which is equivalent thereunto.

48. Every Inhabitant of the Countrie shall have free libertie to search and veewe any Rooles, Records, or Regesters of any Court or office except the Councell, And to have a transcript or exemplification thereof written examined, and signed by the hand of the officer of the office paying the appointed fees therefore.

49. No free man shall be compelled to serve upon Juries above two Courts in a yeare, except grand Jurie men, who shall hould two Courts together at the least.

50. All Jurors shall be chosen continuallie by the freemen of the Towne where they dwell.

51. All Associates selected at any time to Assist the Assistants in Inferior Courts, shall be nominated by the Townes belonging to that Court, by orderly agreement amonge themselves.

52. Children, Idiots, Distracted persons, and all that are strangers, or new comers to our plantation, shall have such allowances and dispensations in any cause whether Criminal or other as religion and reason require.

53. The age of discretion for passing away of lands or such kinde of herediments, or for giveing, of votes, verdicts or Sentence in any Civill Courts or causes, shall be one and twentie yeares.

54. Whensoever any thing is to be put to vote, any sentence to be pronounced, or any other matter to be proposed, or read in any Court of Assembly, If the president or moderator thereof shall refuse to performe it, the Major parte of the members of that Court or Assembly shall have power to appoint any other meete man of them to do it, And if there be just cause to punish him that should and would not.

55. In all suites or Actions in any Court, the plaintife shall have libertie to make all the titles and claims to that he sues for he can. And the Defendant shall have libertie to plead all the pleas he can in answere to them, and the Court shall judge according to the intire evidence of all.

56. If any man shall behave himselfe offensively at any Towne meeting, the rest of the freemen then present, shall have power to sentence him for his offence. So be it the mulct or penaltie exceede not twentie shilings.

57. Whensoever any person shall come to any very suddaine untimely and unnaturall death, Some assistant, or the Constables of that Towne shall forthwith sumon a Jury of twelve free men to inquire of the cause and manner of their death, and shall present a true verdict thereof to some neere Assistant, or the next Court to be helde for that Towne upon their oath.

Liberties more peculiarlie concerning the free men

58. Civill Authoritie hath power and libertie to see the peace, ordinances and Rules of Christ observed in every church according to his word so it be done in a Civill and not in an Ecclesiastical way.

59. Civill Authoritie hath power and libertie to deal with any Church member in a way of Civill Justice, notwithstanding any Church relation, office or interest.

60. No church censure shall degrade or depose any man from any Civill dignitie, office, or Authoritie he shall have in the Commonwealth.

61. No Magestrate, Juror, Officer, or other man shall be bound to informe present or reveale any private crim or offence, wherein there is no perill or danger to this plantation or any member thereof, when any necessarie tye of conscience binds him to secresie grounded upon the word of god, unlesse it be in case of testimony lawfully required.

62. Any Shire or Towne shall have libertie to choose their Deputies whom and where they please for the Generall Court. So be it they be free men, and have taken there oath of fealtie, and Inhabiting in this Jurisdiction.

63. No Governor, Deputy Governor, Assistant, Associate, or grand Jury man at any Court, nor any Deputie for the Generall Court, shall at any time beare his owne chardges at any Court, but their necessary expences shall be defrayed either by the Towne or Shire on whose service they are, or by the Country in generall.

64. Everie Action betweene partie and partie, and proceedings against delinquents in Criminall causes shall be briefly and destinctly entered on the Rolles of every Court by the Recorder thereof. That such actions be not afterwards brought againe to the vexation of any man.

65. No custome or prescription shall ever pervaile amongst us in any morall cause, our meaneing is maintaine any, thinge that can be proved to be morrallie sinfull by the word of god.

66. The Freemen of every Towneship shall have power to make such by laws and constitutions as may concerne the wellfare of their Towne, provided they be not of a Criminall, but onely of a prudential nature, And that their penalties exceede not 20 sh. for one offence. And that they be not repugnant to the publique laws and orders of the Countrie. And if any Inhabitant shall neglect or refuse to observe them, they shall have power to levy the appointed penalties by distresse.

67. It is the constant libertie of the free men of this plantation to choose yearly at the Court of Election out of the freemen all the General officers of this Jurisdiction. If they please to dischardge them at the day of Election by way of vote. They may do it without shewing cause. But if at any other generall Court, we hould it due justice, that the reasons thereof be alleadged and proved. By General officers we meane, our Governor, Deputy Governor, Assistants, Treasurer, Generall of our warres. And our Admirall at Sea, and such as are or hereafter may be of the like generall nature.

68. It is the libertie of the freemen to choose such deputies for the General Court out of themselves, either in their owne Townes or elsewhere as they judge fitest. And because we cannot foresee what varietie and weight of occasions may fall into future consideration, And what counsells we may stand in neede of, we decree. That the Deputies (to attend the Generall Court in the behalfe of the Countrie) shall not any time be stated or inacted, but from Court to Court, or at the most but for one yeare, that the Countrie may have an Annuall libertie to do in that case what is most behoofefull for the best welfaire thereof.

69. No Generall Court shall be desolved or adjourned without the consent of the Major parte thereof.

70. All Freemen called to give any advise, vote, verdict, or sentence in any Court, Counsell, or Civill Assembly, shall have full freedome to doe it according to their true judgements and Consciences, So it be done orderly and inofensively for the manner.

71. The Governor shall have a casting voice whensoever an Equi vote shall fall out in the Court of Assistants, or generall assembly, So shall the presedent or moderator have in all Civill Courts or Assemblies.

72. The Governor and Deputy Governor Joyntly consenting or any three Assistants concurring in consent shall have power out of Court to reprive a condemned malefactour; till the next quarter or generall Court. The generall Court onely shall have power to pardon a condemned malefactor.

73. The Generall Court hath libertie and Authoritie to send out any member of this Comanwealth of what qualitie, condition or office whatsoever into forreine parts about any publique message or Negotiation. Provided the partie sent be acquainted with the affaire he goeth about, and be willing to undertake the service.

74. The freemen of every Towne or Towneship, shall have full power to choose yearly or for lesse time out of themselves a convenient number of fitt men to order the planting or prudentiall occasions of that Towne, according to Instructions given them in writeing, Provided nothing be done by them contrary to the publique laws and orders of the Countrie, provided also the number of such select persons be not above nine.

75. It is and shall be the libertie of any member or members of any Court Councell or Civill Assembly in cases of makeing or executing any order or law, that properlie concerne religion, or any cause capitall, or warres, or Subscription to any publique Articles or Remonstrance, in case they cannot in Judgement and conscience consent to that way the Major vote or suffrage goes, to make their contra Remonstrance or protestation in speech or writeing, and upon request to have their dissent recorded in the Rolles of that Court. So it be done Christianlie and respectively for the manner. And their dissent onely be entered without the reasons thereof, for the avoiding of tediousnes.

76. Whensoever any Jurie of trialls or Jurours are not cleare in their Judgments or consciences conserneing any cause wherein they are to give their verdict, They shall have libertie in open Court to advise with any man they thinke fitt to resolve or direct them, before they give in their verdict.

77. In all cases wherein any freeman is to give his vote, be it in point of Election, makeing constitutions and orders or passing sentence in any case of Judicature or the like, if he cannot see reason to give it positively one way or an other, he shall have libertie to be silent, and not pressed to a determined vote.

78. The Generall or publique Treasure or any parte thereof shall never be exspended but by the appointment of a Generall Court, nor any Shire Treasure, but by the appointment of the freemen therof, nor any Towne Treasurie but by the freemen of that Township.

Liberties of Women

79. If any man at his death shall not leave his wife a competent portion of his estaite, upon just complaint made to the Generall Court she shall be relieved.

80. Everie marryed woeman shall be free from bodilie correction or stripes by her husband, unlesse it be in his owne defenc upon her assalt. If there be any just cause of correction complaint shall be made to Authoritie assembled in some Court, fror which onely she shall receive it.

Liberties of Children

81. When parents dye intestate, the Elder sonne shall have a doble portion of his whole estate reall and personall, unlesse the Generall Court upon just cause alleadged shall judge otherwise.

82. When parents dye intestate haveing noe heires males of their bodies their Daughters shall inherit as Copartners, unles the Generall Court upon just reason shall judge otherwise.

83. If any parents shall wilfullie and unreasonably deny any childe timely or convenient mariage, or shall exercise any unnaturall severitie towards them, such children shall have free libertie to complaine to Authoritie for redresse.

84. No Orphan dureing their minoritie which was not committed to tuition or service by the parents in their life time, shall afterwards be absolutely disposed of by any kindred, freind, Executor, Towneship, or Church, nor by themselves without the consent of some Court, wherein two Assistants at least shall be present.

Liberties of Servants

85. If any servants shall flee from the Tiranny and crueltie of their masters to the howse of any freeman of the same Towne, they shall be there protected and susteyned till due order be taken for their relife. Provided due notice thereof be speedily given to their maisters from whom they fled. And the next Assistant or Constable where the partie flying is harboured.

86. No servant shall be put of for above a yeare to any other neither in the life time of their maister nor after their death by their Executors or Administrators unlesse it be by consent of Authoritie assembled in some Court or two Assistants.

87. If any man smite out the eye or tooth of his manservant, or maid servant, or otherwise mayme or much disfigure him, unlesse it be by meere casualtie, he shall let them goe free from his service. And shall have such further recompense as the Court shall allow him.

88. Servants that have served deligentlie and faithfully to the benefitt of their maisters seaven yearse, shall not be sent away emptie. And if any have bene unfaithfull, negligent or unprofitable in their service, nothwithstanding the good usage of their maisters, they shall not be dismissed till they have made satisfaction according to the Judgement of Authoritie.

Liberties of Forreiners and Strangers

89. If any people of other Nations professing the true Christian Religion shall flee to us from the Tiranny or oppression of their persecutors, or from famyne, warres, or the like necessary and compulsarie cause, They shall be entertayned and succoured amongst us, according to that power and prudence, god shall give us.

90. If any ships or other vessels, be it freind or enemy, shall suffer shipwrack upon our Coast, there shall be no violence or wrong offerred to their persons or goods. But their persons shall be harboured, and relieved, and their goods preserved in safety till Authoritie may be certified thereof, and shall take further order therein.

91. There shall never be any bond slaverie, villinage or Captivitie amongst us unles it be lawfull Captives taken in just warres, and such strangers as willingly selle themselves or are sold to us. And these shall have all the liberties and Christian usages which the law of god established in Israell concerning such persons doeth morally require. This exempts none from servitude who shall be Judged thereto by Authoritie.

Off the Bruite Creature

92. No man shall exercise any Tirranny or Crueltie towards any bruite Creature which are usuallie kept for man's use.

93. If any man shall have occasion to leade or drive Cattel from place to place that is far of, so that they be weary, or hungry, or fall sick, or lambe, It shall be lawful to rest or refresh them, for competant time, in any open place that is not Corne, meadow, or inclosed for some peculiar use.

94. Capitall Laws

I.

If any man after legall conviction shall have or worship any other god, but the lord god, he shall be put to death.¹

2.

If any man or woeman be a witch, (that is hath or consulteth with a familiar spirit,) they shall be put to death.²

3.

If any person shall Blaspheme the name of god, the father, Sonne or Holie Ghost, with direct, expresse, presumptuous or high handed blasphemie, or shall curse god in the like manner, he shall be put to death.³

4.

If any person committ any wilfull murther, which is manslaughter, committed upon premeditated malice, hatred, or Crueltie, not in a mans necessarie and just defence, nor by meere casualtie against his will, he shall be put to death.⁴

5.

If any person slayeth an other suddaienly in his anger or Crueltie of passion, he shall be put to death.⁵

6.

If any person shall slay an other through guile, either by poysoning or other such divelish practice, he shall be put to death.⁶

7.

If any man or woeman shall lye with any beaste or bruite creature by Carnall Copulation, They shall surely be put to death. And the beast shall be slaine, and buried and not eaten.⁷

8.

If any man lyeth with mankinde as he lyeth with a woeman, both of them have committed abhomination, they both shall surely be put to death.⁸

9.

If any person committeth Adultery with a maried or espoused wife, the Adulterer and Adulteresse shall surely be put to death.⁹

10.

If any man stealeth a man or mankinde, he shall surely be put to death.¹⁰

11.

If any man rise up by false witnes, wittingly and of purpose to take away any mans life, he shall be put to death.¹¹

12.

If any man shall conspire and attempt any invasion, insurrection, or publique rebellion against our commonwealth, or shall indeavour to surprize any Towne or Townes, fort or forts therein, or shall treacherously and perfediouslie attempt the alteration and subversion of our frame of politie or Government fundamentallie, he shall be put to death.

95. A Declaration of the Liberties the Lord Jesus hath given to the Churches

I.

All the people of god within this Jurisdiction who are not in a church way, and be orthodox in Judgement, and not scandalous in life, shall have full libertie to gather themselves into a Church Estaite. Provided they doe it in a Christian way, with due observation of the rules of Christ revealed in his word.

2.

Every Church hath full libertie to exercise all the ordinances of god, according to the rules of scripture.

3.

Every Church hath free libertie of Election and ordination of all their officers from time to time, provided they be able, pious and orthodox.

4.

Every Church hath free libertie of Admission, Recommendation, Dismission, and Expulsion, or deposall of their officers, and members, upon due cause, with free exercise of the Discipline and Censures of Christ according to the rules of his word.

5.

No Injunctions are to be put upon any Church, Church officers or member in point of Doctrine, worship or Discipline, whether for substance or cercumstance besides the Institutions of the lord.

6.

Every Church of Christ hath freedome to celebrate dayes of fasting and prayer, and of thanksgiveing according to the word of god.

7.

The Elders of Churches have free libertie to meete monthly, Quarterly, or otherwise, in convenient numbers and places, for conferences, and consultations about Christian and Church questions and occasions.

8.

All Churches have libertie to deale with any of their members in a church way that are in the hand of Justice. So it be not to retard or hinder the course thereof.

9.

Every Church hath libertie to deale with any magestrate, Deputie of Court or other officer what soe ever that is a member in a church way in case of apparent and just offence given in their places, so it be done with due observance and respect.

10.

Wee allowe private meetings for edification in religion. amongst Christians of all sortes of people. So it be without just offence for number, time, place, and other cercumstances.

11.

For the preventing and removeing of errour and offence that may grow and spread in any of the Churches in this Jurisdiction, And for the preserveing of trueith and peace in the severall churches within themselves, and for the maintenance and exercise of brotherly communion, amongst all the churches in the Countrie, It is allowed and ratified, by the Authoritie of this Generall Court as a lawful libertie of the Churches of Christ. That once in every month of the yeare (when the season will beare it) It shall be lawfull for the minesters and Elders, of the Churches neere adjoyneing together, with any other of the breetheren with the consent of the churches to assemble by course in each severall Church one after an other. To the intent after the preaching of the word by such a minister as shall be requested thereto by the Elders of the church where the Assembly is held, The rest of the day may be spent in publique Christian' Conference about the discussing and resolveing of any such doubts and cases of conscience concerning matter of doctrine or worship or government of the church as shall be propounded by any of the Breetheren of that church, will leave also to any other Brother to propound his objections or answeres for further satisfaction according to the word of god. Provided that the whole action be guided and moderated by the Elders of the Church where the Assemblie is helde, or by such others as they shall appoint. And that no thing be concluded and imposed by way of Authoritie from one or more churches upon an other, but onely by way of Brotherly conference and consultations. That the trueth may be searched out to the satisfying of every mans conscience in the sight of god according his worde. And because such an Assembly and the worke thereof can not be duly attended to if other lectures be held in the same weeke. It is therefore agreed with the consent of the Churches. That in that weeke when such an Assembly is held, All the lectures in all the neighbouring Churches for that weeke shall be forborne. That so the publique service of Christ in this more solemne Assembly may be transacted with greater deligence and attention.

96. Howsoever these above specified rites, freedomes Immunities, Authorites and priveledges, both Civill and Ecclesiastical are expressed onely under the name and title of Liberties, and not in the exact forme of Laws or Statutes, yet we do with one consent fullie Authorise, and earnestly intreate all that are and shall be in Authoritie to consider them as laws, and not to faile to inflict condigne and proportionable punishments upon every man impartiallie, that shall infringe or violate any of them.

97. Wee likewise give full power and libertie to any person that shall at any time be denyed or deprived of any of. them, to commence and prosecute their suite, Complaint or action against any man that shall so doe in any Court that hath proper Cognizance or judicature thereof.

98. Lastly because our dutie and desire is to do nothing suddainlie which fundamentally concerne us, we decree that these rites and liberties, shall be Audably read and deliberately weighed at every Generall Court that shall be held, within three yeares next insueing, And such of them as shall not be altered or repealed they shall stand so ratified, That no man shall infringe them without due punishment.

And if any Generall Court within these next thre yeares shali faile or forget to reade and consider them as abovesaid. Tile Governor and Deputy Governor for the time being, and every Assistant present at such Courts, shall forfeite 20sh. a man, and everie Deputie 1osh. a man for each neglect, which shall be paid out of their proper estate, and not by the Country or the Townes which choose them, and whensoever there shall arise any question in any Court amonge the Assistants and Associates thereof about the explanation of these Rites and liberties, The Generall Court onely shall have power to interprett them.

_______________

1 Deut. xiii. 6, 10. Deut. xvii. 2, 6. Ex. xxii. 20.

2 Ex. xxii. 18.

Lev. xx. 27. Deut. xviii. 10.

3 Lev. xxiv. 15, 16.

4 Ex. xxi. 22.

Numb. xxxv. 13, 14, 30, 31.

⁵ Numb. xxv. 20, 21. Lev. xxiv. 17.

⁶ Ex. xxi. 14.

⁷ Lev. xx. 15, 16.

⁸ Lev. xx. 13.

⁹ Lev. xx. 19,and 18, 20. Deut. xxii. 23, 24.

¹⁰ Ex. xxi. 16.

¹¹ Deut. xix. 16, 18, 19.

SOURCE: Charles William Eliot, Editor, The Harvard Classics: American historical documents, 1000-1904, pp. p. 70-89

Diary of Lieutenant-Colonel John Beatty: August 16, 1861

The opinion seems to be growing that the rebels do not intend to attack us. They have put it off too long.

A scouting party will start out in the morning, under the guidance of "old Leather Breeches," a primitive West Virginian, who has spent his life in the mountains. His right name is Bennett. He wears an antiquated pair of buckskin pantaloons, and has a cabin-home on the mountain, twelve miles away.

A tambourine is being played near by, and Fox, with a heart much lighter than his complexion, is indulging in a double shuffle.

There are many snakes in the mountains: rattlesnakes, copperheads, blacksnakes, and almost every other variety of the snake kind; in short, the boys have snake on the brain. To-day one of the choppers made a sudden grab for his trouser leg; a snake was crawling up. He held the loathsome reptile tightly by the head and body, and was fearfully agitated. A comrade slit down the leg of the pantaloon with a knife, when lo! an innocent little roll of red flannel was discovered.

The boys are very liberal in the bestowal of titles. Colonel Hogseye is indebted to them for his commission. The Colonel commands an ax just now. Ordinarily he carries a musket, sleeps and dines with his subordinates, and is not above traveling on foot.

Fox's real name, I ascertained lately, is William Washington. His brother, now in the service of the surgeon, is called Handsome, and Colonel Marrow's servant is known by the boys as the Bay Nigger.

SOURCE: John Beatty, The Citizen-soldier: Or, Memoirs of a Volunteer, p. 55-6

Diary of Lieutenant-Colonel John Beatty: August 17, 1861

Was awakened this morning at one o'clock, by a soldier in search of a surgeon. One of our pickets had been wounded. The post was on the river bank. The sentinel saw a man approaching on the opposite side of the river, challenged, and saw him level his gun. Both fired. The sentinel was wounded in the leg by a small squirrel bullet. The other man was evidently wounded, for after it became light enough he was traced half a mile by blood on the ground, weeds, and leaves. The surgeon is of the opinion that the ball struck his left arm. From information obtained this morning, it is believed this man is secreted not many miles away. A party of ten has been sent to look for him.

This is by far the pleasantest camp we have ever had. The river runs its whole length. The hospital and surgeons' tents are located on a very pretty little island, a quiet, retired spot, festooned with vines, in the shadow of great trees, and carpeted with moss soft and velvety as the best of Brussels.

SOURCE: John Beatty, The Citizen-soldier: Or, Memoirs of a Volunteer, p. 56-7

Diary of Lieutenant-Colonel John Beatty: August 18, 1861

The name of our camp is properly Elk Water, not Elk Fork. The little stream which comes down to the river, from which the camp derives its name, is called Elk Water, because tradition affirms that in early days the elk frequented the little valley through which it runs.

The fog has been going up from the mountains, and the rain coming down in the valley. The river roars a little louder than usual, and its water is a little less clear.

The party sent in pursuit of the bushwhacker has returned. Found no one.

Two men were seen this evening, armed with rifles, prowling among the bushes near the place where the affair of last night occurred. They were fired upon, but escaped.

An accident, which particularly interests my old company, occurred a few minutes ago. John Heskett, Jeff Long, and four or five other men, were detailed from Company I for picket duty. Heskett and Long are intimate friends, and were playing together, the one with a knife and the other with a pocket pistol. The pistol was discharged accidentally, and the ball struck Heskett in the neck, inflicting a serious wound, but whether fatal or not the surgeon can not yet tell. The affair has cast a shadow over the company. Young Heskett bears himself bravely. Long is inconsolable, and begs the boys to shoot him.

SOURCE: John Beatty, The Citizen-soldier: Or, Memoirs of a Volunteer, p. 57-8

Diary of Lieutenant-Colonel John Beatty: August 20, 1861

These mountain streams are unreliable. We had come to regard the one on which we are encamped as a quiet, orderly little river, that would be good enough to notify us when it proposed to swell out and overflow the adjacent country. In fact we had bragged about it, made all sorts of complimentary mention of it, put our tents on its margin, and allowed it to encircle our sick and wounded; but we have now lost all confidence in it. Yesterday, about noon, it began to rise. It had been raining, and we thought it natural enough that the waters should increase a little. At four o'clock it had swelled very considerably, but still kept within its bed of rock and gravel, and we admired it all the more for the energy displayed in hurrying along branches, logs, and sometimes whole trees. At six o'clock we found it was rising at the rate of one foot per hour, and that the water had now crept to within a few feet of the hospital tent, in which lay two wounded and a dozen or more of sick. Dr. McMeens became alarmed and called for help. Thirty or more boys stripped, swam to the island, and removed the hospital to higher ground-to the highest ground, in fact, which the island afforded. The boys returned, and we felt safe. At seven o'clock, however, we found the river still rising rapidly. It covered nearly the whole island. Logs, brush, green trees, and all manner of drift went sweeping by at tremendous speed, and the water rushed over land which had been dry half an hour before, with apparently as strong a current as that in the channel. We knew then that the sick and wounded were in danger. How to rescue them was now the question. A raft was suggested; but a raft could not be controlled in such a current, and if it went to pieces or was hurried away, the sick and wounded must drown. Fortunately a better way was suggested; getting into a wagon, I ordered the driver to go above some distance, so that we could move with the current, and then ford the stream. After many difficulties, occasioned mainly by floating logs and driftwood, and swimming the horses part of the way, we succeeded in getting over. I saw it was impossible to carry the sick back, and that there was but one way to render them secure. I had the horses unhitched, and told the driver to swim them back and bring over two or three more wagons. Two more finally reached me, and one team, in attempting to cross, was carried down stream and drowned. I had the three wagons placed on the highest point I could find, then chained together and staked securely to the ground. Over the boxes of two of these we rolled the hospital tent, and on this placed the sick and wounded, just as the water was creeping upon us. On the third wagon we put the hospital stores. It was now quite dark. Not more than four feet square of dry land remained of all our beautiful island; and the river was still rising. We watched the water with much anxiety. At ten o'clock it reached the wagon hubs, and covered every foot of the ground; but soon after we were pleased to see that it began to go down a little. Those of us who could not get into the wagons had climbed the trees. At one o'clock it commenced to rain again, when we managed to hoist a tent over the sick. At two o'clock the long-roll, the signal for battle, was beaten in camp, and we could just hear, above the roar of the water, the noise made by the men as they hurriedly turned out and fell into line.

It will not do, however, to conclude that this was altogether a night of terrors. It was, in fact, not so very disagreeable after all. There was a by-play going on much of the time, which served to illuminate the thick darkness, and divert our minds from the gloomier aspects of the scene. Smith, the teamster who brought me across, had returned to the mainland with the horses, and then swam back to the island. By midnight he had become very drunk. One of the hospital attendants was very far gone in his cups, also. These two gentlemen did not seem to get along amicably; in fact, they kept up a fusillade of words all night, and so kept us awake. The teamster insisted that the hospital attendant should address him as Mr. Smith. The Smith family, he argued, was of the highest respectability, and being an honored member of that family, he would permit no man under the rank of a Major-General to call him Jake. George McClellan sometimes addressed him by his christian name; but then George and he were Cincinnatians, old neighbors, and intimate personal friends, and, of course, took liberties with each other. This could not justify one who carried out pukes and slop-buckets from a field hospital in calling him Jake, or even Jacob.

Mr. Smith's allusions to the hospital attendant were not received by that gentleman in the most amiable spirit. He grew profane, and insisted that he was not only as good a man as Smith, but a much better one, and he dared the bloviating mule scrubber to get down off his perch and stand up before him like a man. But Jake's temper remained unruffled, and along toward morning, in a voice more remarkable for strength than melody, he favored us with a song:

Ho! gif ghlass uf goodt lauger du me;

  Du mine fadter, mine modter, mine vife:

Der day's vork vos done, undt we'll see

  Vot bleasures der vos un dis life,

 

Undt ve sit us aroundt mit der table,

  Undt ve speak uf der oldt, oldt time,

Ven we lif un dot house mit der gable,

  Un der vine-cladt banks uf der Rhine;

 

Undt mine fadter, his voice vos a quiver,

  Undt mine modter; her eyes vos un tears,

Ash da dthot uf dot home un der river,

  Undt kindt friendst uf earlier years;

 

Undt I saidt du mine fadter be cheerie,

  Du mine modter not longer lookt sadt,

Here's a blace undt a rest for der weary,

  Und ledt us eat, drink, undt be gladt.

 

So idt ever vos cheerful mitin;

  Vot dtho' idt be stormy mitoudt,

Vot care I vor der vorld undt idts din,

  Ven dose I luf best vos about;

 

So libft up your ghlass, mine modter,

  Undt libft up yours, Gretchen, my dear,

Undt libft up your lauger, mine fadter,

  Undt drink du long life und good cheer.

SOURCE: John Beatty, The Citizen-soldier: Or, Memoirs of a Volunteer, p. 58-62