The Winning Man—Abraham Lincoln.

In presenting ABRAHAM LINCOLN to the National Republican Convention, as a candidate for the Presidency, were are actuated not by our great love and esteem for the man, by any open or secret hostility to any other of the eminent gentlemen named for that high office, nor by a feeling of State pride or Western sectionalism, but by a profound and well matured conviction that his unexceptionable record, his position between the extremes of opinion in the party, his spotless character as a citizen and his acknowledge ability as a statesman, will, in the approaching canvass, give him an advantage before the people which no other candidate can claim. We are not disposed to deny that Mr. SEWARD, is the question of availability being set aside, the first choice of perhaps a majority of the rank and file of the party; that Gen. CAMERON has claims upon Pennsylvania which his friends will not willingly have overlooked; that the statesman like qualities, inflexible honesty and marked executive ability of SALMON P. CHASE entitle him to a high place in Republican esteem; that Mr. BATES’ pure life and noble aims justly command the confidence of troops of friends; that the chivalric WADE has extorted the admiration of the North and West; that FESSENDEN, for his gallant service but be gratefully remembers; and that JOHN McLEAN, whose life is without a stain and whose love of country has never been challenged, must be remembered as a strong and unexceptional man. But Illinois claims that Mr. LINCOLN, though without the ripe experience of SEWARD, the age and maturity of BATES and McLEAN, or the fire of FESSENDEN and WADE, has the rare and happy combination of qualities which, as a candidate, enables him to outrank either.

I. By his own motion, he is not a candidate. He has never sought, directly or indirectly, for the first or second place on the ticket. The movement in his favor is spontaneous. It has sprung up suddenly and with great strength, its roots being in the conviction that he is the man to reconcile all difference in our ranks, to conciliate all the now jarring elements, and to lead forward to certain victory. Having never entered into the field, he has put forth no personal effort for success, and he has never made, even by implication, a pledge of any sort by which his action, if he is President, will be influenced for any man, any measure, any policy. He will enter upon the contest with no clogs, no embarrassment; and this fact is a guaranty of a glorious triumph.

II. In all the fundamentals of Republicanism, he is radical up to the limit to which the party, with due respect for the rights of the South, proposes to go. But nature has given him that wise conservatism which has made his action and his expressed opinions so conform to the most mature sentiment of the country on the question of slavery, that no living man can put his finger on one of his speeches or any one of his public acts as a State legislator or as a member of Congress, to which valid objection can be raised. His avoidance of extremes has not been the result of ambition which measures words or regulates acts but the natural consequence of an equable nature and in mental constitution that is never off its balance. While no one doubts the strength of his attachments to the Republican cause, or doubts that he is a representative man, all who know him see that he occupies the happy mean between that alleged radicalism which binds the older Anti-Slavery men to Mr. Seward, and that conservatism which dictates the support of Judge Bates. Seward men, Bates men, Cameron men and Chase men can all accept him as their second choice, and be sure that in him they have the nearest approach to what they most admire in their respective favorites, which any possible compromise will enable them to obtain.

III. Mr. LINCOLN has no new record to make. Originally a Whig, though early a recruit of the great Republican party, he has nothing to explain for the satisfaction of New Jersey, Pennsylvania or the West. His opinions and votes on the Tariff will be acceptable to all sections except the extreme South, where Republicanism expects no support. Committed within proper limitations set up by economy and constitutional obligation to the improvement of rivers and harbors, to that most beneficent measure, the Homestead bill, and to the speedy construction of the Pacific Railroad, he need write no letters to soften down old asperities, growing out of these questions which must inevitably play their part in the canvas before us. He is all that Pennsylvania and the West have a right to demand.

IV. He is a Southern man by birth and education, who has never departed from the principles which he learned from the statesmen of the period in which he first saw the light. A Kentuckian, animated by the hopes that bring the Kentucky delegation here, a Western man, to whom sectionalism is unknown, he is that candidate around whom all opponents of the extension of Human Slavery, North and South, can rally.

V. Mr. LINCOLN is a man of the people. For his position, he is not indebted to family influence, the partiality of friends or the arts of the politician. All his early life a laborer in the field, in the saw-mill, as a boatman on the Wabash, Ohio, and Mississippi, as a farmer in Illinois, he has that sympathy with the men who toil and vote that will make him strong. Later a valiant soldier in the Black Hawk war, a student in a law office, bonding his great powers to overcome the defects of early training; then a legislator, and at last a brilliant advocate, in the highest courts, and a popular leader in the great movement of the age, there is enough of romance and poetry in life to fill all the land with shouting and song. Honest Old Abe! Himself an outgrowth of free institutions, he would die in the effort to preserve to others, unimpaired, the inestimable blessings by which he has been made a man.

VI. Without a stain of Know-Nothingism on his skirts, he is acceptable to the mass of the American party who, this year, will be compelled to choose between the candidate of Chicago and the nominee of Baltimore. The experience of two years has proved their error and his wisdom. They want the chance to retrieve the blunders of the past. Endeared by his manly defence of the principles of the Declaration of Independence to the citizen of foreign birth, he could command the warm support of every one of them from whom, in any contingency, a Republican vote can be expected.

VII. Mr. LINCOLN is an honest man. We know that the adage “Praise overmuch is censure in disguise” is true; and we know, too, that it is the disgrace of the age that in the popular mind, politics and chicane, office and faithlessness go hand in hand. We run great risk then in saying of Mr. Lincoln what truth inexorably demands,—that in his life of 51 years, there is no act of a public or private character, of which his most malignant enemy can say “this is dishonest,” “this is mean.” With his record, partizanship [sic] has done its worst and the result we have stated. His escutcheon is without a blemish.

VIII. After saying so much, we need not add that Mr. LINCOLN can be elected, if placed before the people with the approbation of the Convention to meet tomorrow. In New England, where Republicanism pure and simple is demanded, and where he has lately electrified the people by his eloquence, his name would be a tower of strength. New York who clings with an ardent embrace to that great statesman, her first choice, would not refuse to adopt Mr. LINCOLN as a standard bearer worthy of the holy cause. Pennsylvania, satisfied with his views in regard to the present necessity of fostering domestic interests, and the constitutional moderation of his opinions upon slavery, would come heartily into his support.

The West is the child of the East, and aside from her local pride in one of the noblest of her sons, she would not fail by her plaudits to exalt and intensify the enthusiasm which the nomination of Honest Old Abe would be sure to excite. The West has no rivalry with the East except in the patriotic endeavor to do the most for the Republican cause. Ohio, Indiana, Illinois, Iowa, Minnesota and Wisconsin desire no triumph in which the East does not share—no victory over which the East may not honestly exult. In a contest for Lincoln, they will fight with zeal and hope that has never before animated the Republican hosts.

We present our candidate, then, not as the rival of this man or that, not because the West has claims which she must urge; not because of a distinctive policy which she would see enforced; not because he is the first choice of a majority; but because he is that honest man, that representative Republican, that people’s candidate, whose life, position, record, are so many guarantys [sic] of success—because he is that patriot in whose hands the interests of the government may be safely confided. Nominated, he would, we believe, be triumphantly elected; but if another, in the wisdom of the Convention, is preferred we can pledge him to labor, as an honest and effective as any that he ever done for himself, for the man of the Convention’s choice.

SOURCE: “President Making,” The Press and Tribune, Chicago, Illinois, Tuesday, May 15, 1860, p. 2, col. 1-2

President Making.

To the Editors Press and Tribune:

These are President making days. I presume there are very few men in these United States, who have not for the last few months, been trying their hands at it. I am among the number, and I beg to give you my conclusions on the subject. I am afraid of extremes. My father was a Revolutionist, a red-hot Whig,—ardent and, I guess, oftentimes a little fast. He used to often caution me to look out; to be careful and avoid extremes. Now I think pretty well of Senator Seward, but I am afraid he is a little on the extremes. He is quite a young man yet. He is doing very good service where he is, and we may want to send him as our Minister to England. I guess we had better take someone else this time.

I think firstrate of our own Lincoln. Why he is a real Harry Clay of a fellow. I love him. He too, however, is quite young yet. He will if he lives, be much better known four our eight years hence. I hope to live and see him President; but I think it will be best to have him serve us four years as Attorney General, and then, or four years after that, try him for President.

Gov. CHASE of Ohio, has ardent admirers, not only in that state, but through all the free States. He is an able man. I guess a very good man; but his record does not all of it suit me. He clung rather too long to Locofoco Democracy. He, too, is yet a quite a young man and can well afford a little longer probation. I am by no means sure he is not a little on extremes on the slavery question. I think he is a good man, but I am not in favor of giving him the first post yet.

My deliberate first choice for President is Thomas Corwin of Ohio. You can’t better it I believe. He will avoid extremes and is highly conservative. He has had a few lies told about him, in relation to his being a little fond of money. It is all nonsense. If we get no worse “Galphim” to take care of our strong box, I shall be glad. He cannot be beat. I propose Gov. Banks as Vice President with him. As my second choice, I propose Edward Bates of Missouri, and Gov. Banks as Vice President. The country will be safe under the administration of either of those gentlemen.

REPUBLICAN WHIG DEMOCRAT.

SOURCE: “President Making,” The Press and Tribune, Chicago, Illinois, Tuesday, May 15, 1860, p. 2, col. 7

David Henshaw to Daniel Webster, April 21, 1851

Boston, April 21, 1851.

MY DEAR SIR, I have noticed with surprise and regret, in common, I doubt not, with a large portion of the citizens of this commonwealth, that some of the aldermen of Boston have refused the use of Faneuil Hall to a number of highly respectable citizens, who had intended giving you there a public welcome. The grounds of that refusal seem disreputable to their discernment, or to their patriotism.

Because the public safety required them to refuse that hall to those who proposed to devise means to disturb the peace of the country, to violate and trample under foot paramount United States law, to resist by force or fraud its execution, who designed there to fan the flames of discord and civil war, to plot the disunion of the States, and the overthrow of the constitution; that hence, to mete out even-handed justice, they must refuse this public edifice to those who desired to assemble to uphold the laws of the land, to sustain the union of the States, to pay a proper respect to one of the ablest, boldest, and most patriotic champions of the constitution and the Union, is to confound all ideas of propriety, and to leave a doubt in regard to the intelligence or patriotism of officers so voting. It is fortunate, however, for the credit of the city and State, that but four or five men have placed themselves in this equivocal position. The common council speak more correctly the voice of the country, and have given a fitting rebuke to the aldermen.

Feelings of deep regret at this pitiful outrage upon popular rights and public sentiment, and a high respect for your public services, have induced me to address you this note, and, as a citizen of Massachusetts, to assure you of the satisfaction your able and patriotic course, in aid of the compromise measures of the late congress, has given me. I have always been, as you are aware, on the opposite side of politics to yourself, but the old issues that long divided parties have mostly passed away, new ones have arisen under new combinations. Difference of political opinions never prevented my just appreciation of your long public services, of your political foresight, of your enlarged and comprehensive patriotism, so prominent in your efforts to carry through the compromise measure.

It is quite evident that Massachusetts, for a long while, impaired her just influence in the Union by a sectionalism at war with our condition and progress as a nation. In our country, now extending from ocean to ocean, embracing thirty-one independent States, independent in regard to their local legislation, but confiding to a general government the control over their affairs, in which it is supposed they have a common interest; a strict regard to the terms and conditions of our national compact, a complete non-interference of the States with each other in their local legislation, and with their State institutions, and a liberal and fraternal spirit towards all, are necessary to hold so vast a fabric together.

Those who opposed the extension of our national bounds by the purchase of Louisiana, and who predicted such dire calamities from that acquisition, lived to see the error of their judgment, and have now mostly passed away. But the spirit of opposition to our national progress seems to have remained in some minds, and in fact to have increased in force, with the party of the abolitionists, and with the ultra-slavery men of the South, until they have become open and avowed disunionists; disunionists, unless they can rule the Union.

If the views of the abolition party are to control the course of this good old commonwealth, I fear Massachusetts will sink in influence to a level with South Carolina; the one State would seemingly seek her welfare and glory under the palmetto banner, the other under the flag and tomahawk of the Indian; and both perhaps, in the event of this dire disruption, might display their philanthropy by cutting each other's throats. From your elevated position, long experience, and political forecast you perceived what the crisis demanded, and promptly and boldly gave your efficient aid to restore harmony to the nation You fearlessly indicated to those you so ably represented, that they should exhibit less sectionalism, and more of elevated, liberal, and fraternal nationality. I have faith that Massachusetts and the whole country will profit by your example. The whole Union pays homage to your patriotism and your public services.

The pitiful attempt of a few city officials to annoy you, but arouses the patriotism of the country to sustain you; and it is this act, as I before remarked, which has led me, as a humble citizen of this State, to bear to you in this tangible form the expressions of approbation, and of gratitude, for your invaluable public services in the alarming crisis through which the country has passed.

With the greatest respect, I am, dear Sir, your obedient servant,

DAVID HENSHAW.

SOURCE: Fletcher Webster, Editor, The Private Correspondence of Daniel Webster, Vol. 2, p. 432-4

Senator John C. Calhoun to Andrew Pickens Calhoun, February 23, 1848

Senate Chamber 23d Feb. 1848

MY DEAR ANDREW, The treaty with Mexico has just been laid before the Senate, and read. It will be warmly opposed, but I think it will be approved by the body. It will be a fortunate deliverance, if it should be. A sudden impulse in that case, would be given to commerce, accompanied by a rise of price in our great staple so soon as it is known in England.

The Slave question will soon come up, and be the subject of deep agitation. The South will be in the crisis of its fate. If it yields now, all will be lost.

I enclose a speech by Mr Yulee on his amendment to Mr Dickenson resolutions. They express substantially my views. Indeed, (in confidence), he is one of the members of our mess and has conversed with me freely on the principles, which control the question involved; but the execution is all his own. Love to all.

SOURCE: J. Franklin Jameson, Editor, Annual Report of the American Historical Association for the Year 1899, Volume II, Calhoun’s Correspondence: Fourth Annual Report of the Historical Manuscripts Commission, Correspondence of John C. Calhoun, p. 744

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

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.

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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 George Templeton Strong: February 10, 1860

Opera tonight with Ellie and Mrs. Georgey Peters and her papa; Der Freischutz in an Italian version. The Germanism of that opera is so intense that any translation of its text is an injustice to Weber’s memory, but its noble music can afford to be heard under disadvantages. Max was Stigelli, and very good. Agatha (Colson) was respectable. She knew how her music ought to be sung and tried hard, but had not the vigor it demands. Caspar (Junca) was pretty bad.

Query: if there ever existed a Caspar who could sing “Hier in diesem Jammerthal” as it ought to be sung, or an Agatha who could do justice to the glorious allegro that follows her “leise, leise, fromme Weise”? I enjoyed the evening, also Wednesday evening, when we had Charley Strong and wife in “our box’’ and heard The Barber, delightfully rendered. Little Patti made a most brilliant Rosina and sang a couple of English songs in the “Music Lesson’’ scene, one of them (“Coming through the Rye’’) simply and with much archness and expression. This little debutante is like to have a great career and to create a furor in Paris and St. Petersburg within five years. . . .

Last night I attended W. Curtis Noyes’s first lecture before the Law School of Columbia College.⁵ It was carefully prepared, and (to my great relief) honored by an amply sufficient audience. The lecture room was densely filled, and Oscanyan told me sixty or seventy were turned away. We may have to resort to the Historical Society lecture room (in Second Avenue).

There is much less talking of politics now that a Speaker is elected.

I think a cohesive feeling of nationality and Unionism gains strength silently both North and South, and that the Republican party has lost and is daily losing many of the moderate men who were forced into it four years ago by the Kansas outrages and the assault on Sumner. If the South would spare us its brag and its bad rhetoric, it would paralyze any Northern free-soil party in three weeks. But while Toombs speechifies and Governor Wise writes letters, it’s hard for any Northern man to keep himself from Abolitionism and refrain from buying a photograph of John Brown.

Southern chivalry is a most curious and instructive instance of the perversion of a word from its original meaning; lucus a non lucendo seems a plausible derivation when one hears that word applied to usages and habits of thought and action so precisely contrary to all it expressed some five hundred years ago. Chivalry in Virginia and Georgia means violence to one man by a mob of fifty calling itself a Vigilance Committee, ordering a Yankee school mistress out of the state because she is heterodox about slavery, shooting a wounded prisoner, assailing a non-combatant like Sumner with a big bludgeon and beating him nearly to death. Froissart would have recognized the Flemish boor or the mechanic of Ghent in such doings. Sir Galahad and Sir Lancelot in the Morte d’Arthur would have called them base, felon, dishonorable, shameful, and foul.

Burke announced sixty years ago that "the age of chivalry” was gone, and "that of calculators and economists had succeeded it.” Their period has likewise passed away now, south of the Potomac, and has been followed by a truculent mob despotism that sustains itself by a system of the meanest eavesdropping and espionage and of utter disregard of the rights of those who have not the physical power to defend themselves against overwhelming odds, that shoots or hangs its enemy or rides him on a rail when it is one hundred men against one and lets him alone when evenly matched, and is utterly without mercy for the weak or generosity for the vanquished. This course of practice must be expected of any mere mob when rampant and frightened, but the absurdity is that they call it “chivalry.” There was something truly chivalric in old John Brown’s march with his handful of followers into the enemy’s country to redeem and save those he held to be unjustly enslaved at peril of his own life. For that enterprise he was hanged, justly and lawfully, but there was in it an element of chivalry, genuine though mistaken, and criminal because mistaken, that is nat to be found in the performances of these valiant vigilance committeemen.

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⁵ William Curtis Noyes (1805—1864), one of the foremost New York lawyers, and owner of a magnificent law library, had distinguished himself in numerous cases; notably in the prosecution of the Wall Street forger Huntington, and in protecting the New Haven Railroad stockholders from the consequences of Schuyler’s embezzlement.

SOURCE: Allan Nevins and Milton Halset Thomas, Editors, Diary of George Templeton Strong, Vol. 3, p. 7-9

Diary of Gideon Welles, Sunday, July 13, 1862

On Sunday, the 13th of July, 1862, President Lincoln invited me to accompany him in his carriage to the funeral of an infant child of Mr. Stanton. Secretary Seward and Mrs. Frederick Seward were also in the carriage. Mr. Stanton occupied at that time for a summer residence the house of a naval officer, I think Hazard, some two or three miles west, or northwest, of Georgetown. It was on this occasion and on this ride that he first mentioned to Mr. Seward and myself the subject of emancipating the slaves by proclamation in case the Rebels did not cease to persist in their war on the Government and the Union, of which he saw no evidence. He dwelt earnestly on the gravity, importance, and delicacy of the movement, said he had given it much thought and had about come to the conclusion that it was a military necessity absolutely essential for the salvation of the Union, that we must free the slaves or be ourselves subdued, etc., etc.

This was, he said, the first occasion when he had mentioned the subject to any one, and wished us to frankly state how the proposition struck us. Mr. Seward said the subject involved consequences so vast and momentous that he should wish to bestow on it mature reflection before giving a decisive answer, but his present opinion inclined to the measure as justifiable, and perhaps he might say expedient and necessary. These were also my views. Two or three times on that ride the subject, which was of course an absorbing one for each and all, was adverted to, and before separating the President desired us to give the question special and deliberate attention, for he was earnest in the conviction that something must be done. It was a new departure for the President, for until this time, in all our previous interviews, whenever the question of emancipation or the mitigation of slavery had been in any way alluded to, he had been prompt and emphatic in denouncing any interference by the General Government with the subject. This was, I think, the sentiment of every member of the Cabinet, all of whom, including the President, considered it a local, domestic question appertaining to the States respectively, who had never parted with their authority over it. But the reverses before Richmond, and the formidable power and dimensions of the insurrection, which extended through all the Slave States, and had combined most of them in a confederacy to destroy the Union, impelled the Administration to adopt extraordinary measures to preserve the national existence. The slaves, if not armed and disciplined, were in the service of those who were, not only as field laborers and producers, but thousands of them were in attendance upon the armies in the field, employed as waiters and teamsters, and the fortifications and intrenchments were constructed by them.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 70-1