The Emancipation of Massachusetts Part 9

It is not, however, any part of my contention that nature should push her love of compet.i.tion so far as necessarily to involve us in war with Great Britain, at least at present, for nature has various and most unlooked-for ways of arriving at her ends, since men never can determine, certainly in advance, what avenue will, to them, prove the least resistant. They very often make an error, as did the Germans, which they can only correct by enduring disaster, defeat, and infinite suffering. Nature might very well, for example, prefer that consolidation should advance yet another step before a reaction toward chaos should begin.

This last war has, apparently, been won by a fusion of two economic systems which together hold and administer a preponderating ma.s.s of fluid capital, and which have partially pooled their resources to prevail. They appear almost as would a gigantic lizard which, having been severed in an ancient conflict, was now making a violent but only half-conscious effort to cause the head and body to unite with the tail, so that the two might function once more as a single organism, governed by a single will. Under our present form of capitalistic life there would seem to be no reason why this fluid capital should not fuse and by its energy furnish the motor which should govern the world. Rome, for centuries, was governed by an emperor, who represented the landed cla.s.s of Italy, under the forms of a republic. It is not by any means necessary that a plutocratic ma.s.s should have a recognized political head. And America and England, like two enormous banking houses, might in effect fuse and yet go on as separate inst.i.tutions with nominally separate boards of directors.

But it is inconceivable that even such an expedient as this, however successful at the outset, should permanently solve the problem, which resolves itself once more into individual compet.i.tion. It is not imaginable that such an enormous plutocratic society as I have supposed could conduct its complex affairs upon the basis of the average intelligence. As in Rome, a civil service would inevitably be organized which would contain a carefully selected body of ability. We have seen such a process, in its initial stages, in the recent war. And such a civil service, however selected and however trained, would, to succeed, have to be composed of men who were the ablest in their calling, the best educated, and the fittest: in a word, the representatives of what we call "the big business" of the country. Such as they might handle the railroads, the telegraph lines, the food supply, the question of compet.i.tive s.h.i.+pping, and finally prices, as we have seen it done, but only on condition that they belonged to the fortunate cla.s.s by merit.

But supposing, in the face of such a government, the unfortunate cla.s.s should protest, as they already do protest in Russia, in Germany, and even in England and here at home, that a legal system which sanctions such a civilization is iniquitous. Here, the discontented say, you insist on a certain form of compet.i.tion being carried to its limit.

That is, you demand intellectual and peaceful compet.i.tion for which I am unfit both by education, training, and mental ability. I am therefore excluded from those walks in life which make a man a freeman. I become a slave to capital. I must work, or fight, or starve according to another man's convenience, caprice, or, in fine, according to his will. I could be no worse off under any despot. To such a system I will not submit.

But I can at least fight. Put me on a compet.i.tive equality or I will blow your civilization to atoms. To such an argument there is no logical answer possible except the answer which all extreme socialists have always advanced. The fortunate man should be taxed for all he earns above the average wage, and the State should confiscate his acc.u.mulations at death. Then, with a system of government education, obligatory on all, children would start equal from birth.

Here we come against the hereditary instinct, the creator and the preserver of the family: the instinct which has made law and order possible, so far as our ancestors or we have known order, as far back as the Ice Age. If the coming world must strive with this question, or abandon the "democratic ideal," the future promises to be stormy.

But even a.s.suming that this problem of individual compet.i.tion be overcome, we are as far as ever from creating a system of moral law which shall avail us, for we at once come in conflict with the principle of abstract justice which demands that free men shall be permitted to colonize or move where they will. But supposing England and America to amalgamate; they now hold or a.s.sume to control all or nearly all the vacant regions of the earth which are suited to the white man's habitation. And the white man cannot live and farm his land in compet.i.tion with the Asiatic; that was conclusively proved in the days of Rome.

But it is not imaginable that Asiatics will submit to this discrimination in silence. Nothing can probably constrain them to resignation but force, and to apply force is to revert to the old argument of the savage or the despot, who admits that he knows no law save that of the stronger, which is the system, however much we have disguised it and, in short, lied about it, under which we have lived and under which our ancestors have lived ever since the family was organized, and under which it is probable that we shall continue to live as long as any remnant of civilization shall survive.

Nevertheless, it seems to be far from improbable that the system of industrial, capitalistic civilization, which came in, in substance, with the "free thought" of the Reformation, is nearing an end. Very probably it may have attained to its ultimate stages and may dissolve presently in the chaos which, since the Reformation, has been visibly impending.

Democracy in America has conspicuously and decisively failed, in the collective administration of the common public property. Granting thus much, it becomes simply a question of relative inefficiency, or degradation of type, culminating in the exhaustion of resources by waste; unless the democratic man can supernaturally raise himself to some level more nearly approaching perfection than that on which he stands. For it has become self-evident that the democrat cannot change himself from a compet.i.tive to a non-compet.i.tive animal by talking about it, or by pretending to be already or to be about to become other than he is,--the victim of infinite conflicting forces.

BROOKS ADAMS,

QUINCY, _July_ 20, 1919.

THE EMANc.i.p.aTION OF Ma.s.sACHUSETTS.

CHAPTER I.

THE COMMONWEALTH.

The mysteries of the Holy Catholic Church had been venerated for ages when Europe burst from her mediaeval torpor into the splendor of the Renaissance. Political schemes and papal abuses may have precipitated the inevitable outbreak, but in the dawn of modern thought the darkness faded amidst which mankind had so long cowered in the abject terrors of superst.i.tion. Already in the beginning of the fifteenth century many of the ancient dogmas had begun to awaken incredulity, and sceptics learned to mock at that claim to infallibility upon which the priesthood based their right to command the blind obedience of the Christian world.

Between such adversaries compromise was impossible; and those who afterward revolted against the authority of the traditions of Rome sought refuge under the shelter of the Bible, which they grew to reverence with a pa.s.sionate devotion, believing it to have been not only directly and verbally inspired by G.o.d, but the only channel through which he had made known his will to men.

Thus the movement was not toward new doctrines; on the contrary, it was the rejection of what could no longer be believed. Calvin was no less orthodox than St. Augustine in what he accepted; his heresy lay in the denial of enigmas from which his understanding recoiled. The mighty convulsion of the Reformation, therefore, was but the supreme effort of the race to tear itself from the toils of a hierarchy whose life hung upon its success in forcing the children to wors.h.i.+p the myths of their ancestral religion.

Three hundred years after Luther nailed his theses to the church door the logical deduction had been drawn from his great act, and Christendom had been driven to admit that any concession of the right to reason upon matters of faith involved the recognition of the freedom of individual thought. But though this n.o.ble principle has been at length established, long years of bloodshed pa.s.sed before the victory was won; and from the outset the att.i.tude of the clergy formed the chief obstacle to the triumph of a more liberal civilization; for howsoever bitterly Catholic and Protestant divines have hated and persecuted each other, they have united like true brethren in their hatred and their persecution of heretics; for such was their inexorable destiny.

Men who firmly believe that salvation lies within their creed alone, and that doubters suffer endless torments, never can be tolerant. They feel that duty commands them to defend their homes against a deadly peril, and even pity for the sinner urges them to wring from him a recantation before it is too late; and then, moreover, dissent must lessen the power and influence of a hierarchy and may endanger its very existence; therefore the priests of every church have been stimulated to crush out schism by the two strongest pa.s.sions that can inflame the mind--by bigotry and by ambition.

In England the Reformation was controlled by statesmen, whose object was to invest the crown with ecclesiastical power, and who made no changes except such as they thought necessary for their purpose. They repudiated the papal supremacy, and adopted articles of religion sufficiently evangelical in form, but they retained episcopacy, the liturgy, and the surplice; the cross was still used in baptism, the people bowed at the name of Jesus, and knelt at the communion. Such a compromise with what they deemed idolatry was offensive to the stricter Protestants, and so early as 1550 John Hooper refused the see of Gloucester because he would not wear the robes of office; thus almost from its foundation the church was divided into factions, and those who demanded a more radical reform were nicknamed Puritans. As time elapsed large numbers who could no longer bring themselves to conform withdrew from the orthodox communion, and began to wors.h.i.+p by themselves; persecution followed, and many fled to Holland, where they formed congregations in the larger towns, the most celebrated of them being that of John Robinson at Leyden, which afterward founded Plymouth. But the intellectual ferment was universal, and the same upheaval that was rending the church was shaking the foundations of the state: power was pa.s.sing into the hands of the people, but a century was to elapse before the relations of the sovereign to the House of Commons were fully adjusted. During this interval the Stuarts reigned and three of the four kings suffered exile or death in the fierce contest for mastery.

The fixed determination of Charles I. was to establish a despotism and enforce conformity with ritualism; and the result was the Great Rebellion.

Among the statesmen who advised him, none has met with such scant mercy from posterity as Laud, who has been gibbeted as the impersonification of narrowness, of bigotry, and of cruelty. The judgment is unscientific, for whatever may be thought of the humanity or wisdom of his policy, he only did what all have done who have attempted to impose a creed on men.

The real grievance has never been that an observance has been required, or an indulgence refused, but that the right to think has been denied.

Provided a boundary be fixed within which the reason must be chained, the line drawn by Laud is as reasonable as that of Calvin; Geneva is no more infallible than Canterbury or Rome. Comprehension is the dream of visionaries, for some will always differ from any confession of faith, however broad; and where there are dogmas there will be heretics till all have perished. But in their fear and hatred of individual free thought regarding the mysteries of religion, Laud, Calvin, and the Pope agreed.

With the progress of the war, the Puritans, who had at first been united in their opposition to the crown, themselves divided; one party, to which most of the peers and of the non-conforming clergy belonged, being anxious to reestablish the monarchy, and set up a rigid Presbyterianism; the other, of whose spirit Cromwell was the incarnation, resolving each day more firmly to crush the king and proclaim freedom of conscience; and it was this doctrine of toleration which was the snare and the abomination in the eyes of evangelical divines.

Robert Baillie, the Scotch commissioner, while in London, anxiously watching the rise of the power of the Independents in Parliament, with each victory of their armies in the field wrote, "Liberty of conscience, and toleration of all and any religion, is so prodigious an impiety that this religious parliament cannot but abhor the very meaning of it."

Nor did his reverend brethren of the Westminster a.s.sembly fall any whit behind him when they rose to expound the word. In a letter of 17th May, 1644, he thus described their doctrine: "This day was the best that I have seen since I came to England.... After D. Twisse had begun with a brief prayer, Mr. Marshall prayed large two hours, most divinely, confessing the sins of the members of the a.s.sembly, in a wonderful, pathetick, and prudent way. After, Mr. Arrowsmith preached an hour, then a psalm; thereafter, Mr. Vines prayed near two hours, and Mr. Palmer preached an hour, and Mr. Seaman prayed near two hours, then a psalm; after, Mr. Henderson brought them to a sweet conference of the heat confessed in the a.s.sembly, and other seen faults to be remedied, and the conveniency to preach against all sects, especially Anabaptists and Antinomians. Dr. Twisse closed with a short prayer and blessing."

[Footnote: Baillie's _Letters and Journals_, ii. 18.]

But Cromwell, gifted with n.o.ble instincts and transcendent political genius, a layman, a statesman, and a soldier, was a liberal from birth till death.

"Those that were sound in the faith, how proper was it for them to labor for liberty, ... that men might not be trampled upon for their consciences! Had not they labored but lately under the weight of persecution? And was it fit for them to sit heavy upon others? Is it ingenuous to ask liberty and not to give it? What greater hypocrisy than for those who were oppressed by the bishops to become the greatest oppressors themselves, so soon as their yoke was removed? I could wish that they who call for liberty now also had not too much of that spirit, if the power were in their hands." [Footnote: Speech at dissolution of first Parliment, Jan. 22, 1655. Carlyle's _Cromwell_, iv. 107.]

"If a man of one form will be trampling upon the heels of another form, if an Independent, for example, will despise him under Baptism, and will revile him and reproach him and provoke him,--I will not suffer it in him. If, on the other side, those of the Anabaptist shall be censuring the G.o.dly ministers of the nation who profess under that of Independency; or if those that profess under Presbytery shall be reproaching or speaking evil of them, traducing and censuring of them, as I would not be willing to see the day when England shall be in the power of the Presbytery to impose upon the consciences of others that profess faith in Christ,--so I will not endure any reproach to them."

[Footnote: Speech made September, 1656. Carlyle's _Cromwell_, iv. 234.]

The number of clergymen among the emigrants to Ma.s.sachusetts was very large, and the character of the cla.s.s who formed the colony was influenced by them to an extraordinary degree. Many able pastors had been deprived in England for non-conformity, and they had to choose between silence or exile. To men of their temperament silence would have been intolerable; and most must have depended upon their profession for support. America, therefore, offered a convenient refuge. The motives are less obvious which induced the leading laymen, some of whom were of fortune and consequence at home, to face the hards.h.i.+ps of the wilderness. Persecution cannot be the explanation, for a government under which Hampden and Cromwell could live and be returned to Parliament was not intolerable; nor does it appear that any of them had been severely dealt with. The wish of the Puritan party to have a place of retreat, should the worst befall, may have had its weight with individuals, but probably the influence which swayed the larger number was the personal ascendancy of their pastors, for that ascendancy was complete. In a community so selected, men of the type of Baillie must have vastly outnumbered those of the stamp of Cromwell, and in point of fact their minds were generally cast in the ecclesiastical mould and imbued with the ecclesiastical feeling. Governor Dudley represented them well, and at his death some lines were found in his pocket in which their spirit yet glows in all the fierceness of its bigotry.

"Let men of G.o.d in Courts and Churches watch O're such as do a Toleration hatch, Lest that Ill Egg bring forth a c.o.c.katrice, To poison all with heresie and vice."

[Footnote: _Magnalia_, bk. 2, ch. v. section 1.]

In former ages churches had been comprehensive to this extent: infants had been baptized, and, when the child had become a man, he had been admitted to the communion as a matter of course, unless his life had given scandal; but to this system the Congregationalist was utterly opposed. He believed that, human nature being totally depraved, some became regenerate through grace; that the signs of grace were as palpable as any other traits of character, and could be discerned by all the world; therefore, none should be admitted to the sacrament who had not the marks of the elect; and as in a well-ordered community the G.o.dly ought to rule, it followed that none should be enfranchised but members of the church.

To suppose such a government could be maintained in England was beyond the dreams even of an enthusiast, and there can be little doubt that the controlling incentive with many of those who sailed was the hope, with the aid of their divines, of founding a religious commonwealth in the wilderness which should harmonize with their interpretation of the Scriptures.

The execution of such a project was, however, far from easy. It would have been most unsafe for the emigrants to have divulged their true designs, since these were not only unlawful, but would have been highly offensive to the king, and yet they were too feeble to exist without the protection of Great Britain, therefore it was necessary to secure for themselves the rights of English subjects, and to throw some semblance at least of the sanction of law over the organization of their new state. Accordingly, a patent [Footnote: March 4, 1629.] was obtained from the crown, by which twenty-five persons were incorporated under the name of the Governor and Company of Ma.s.sachusetts Bay in New England; and as the extent of the powers therein granted has given rise to a controversy which is not yet closed, it is necessary to understand the nature of that instrument in order to comprehend the bearings of the bitter strife which darkens the history of the first fifty years of the colony.

The germ of the written charter is so ancient as to be lost in obscurity. During the Middle Ages, oppression was, speaking generally, the accepted condition of society, no man not n.o.ble having the right in theory, or the power in practice, to control his own actions without interference from his feudal superior. Under such circ.u.mstances the only hope for the weak was to combine, and most of the early triumphs of freedom were won by combinations of commons against some n.o.ble, or of n.o.bles against a king. Organization is difficult for a peasantry, but easy for burghers, and from the outset these seem to have united for their common defense against the neighboring barons; and thus was born the mediaeval guild.

The ancient townsmen were not usually strong enough to fight for their liberties, so they generally resorted to purchase; they agreed with their lord upon a price to be paid for a privilege, and were given for their money a grant, which, because it was written, was called a charter.

The following charter of the Merchants' Guild of Leicester is very early and very simple. It presupposes that there could be no doubt about the local customs, which are therefore not enumerated, and it shows that the guild of Leicester existed as a corporation at the Conquest, and must already have held property in succession and been liable to suit through two reigns:--

"Robert, Earl of Mellent, to Ralph, and all his barons, French and English, of all his land in England, greeting: Know ye, that I have granted to my merchants of Leicester their Guild Merchant, with all customs which they held in the time of King William, of King William his son, and now hold in the time of Henry the king.

"Witness: R., the son of Alcitil."

The object of these ancient writings was only to record the fact of corporate existence; the popular custom by which the guilds were regulated was taken for granted; but obviously they must have had succession, been liable to suit, able to contract, and, in a word, to do all those acts which were afterward set forth. And such has uniformly been the process by which English jurisprudence has been shaped; a usage grows up that courts recognize, and, by their decisions, establish as the common law; but judicial decisions are inflexible, and, as they become antiquated, they are themselves modified by legislation. Lawyers observed these customary companies for some centuries before they learned what functions were universal; but, with the lapse of time, the patents became more elaborate, until at length a voluminous grant of each particular power was held necessary to create a new corporation.

A merchants' guild, like the one of Leicester, was an a.s.sociation of the townsmen for their common welfare. Every trader was then called a merchant, and as almost every burgher lived by trade, and was also a landowner, to the extent at least of his dwelling, it followed that the guild practically included all free male inhabitants; the guild hall was used as the town hall, the guild ordinances were the town ordinances, and the corporation became the government of the borough, and as such chose persons to represent it in Parliament, when summoned by the king's writ to send burgesses to Westminster.

London is a corporation by prescription and not by virtue of any particular charter, and to this day its city hall is called by the ancient name, Guild Hall. But with the growth of wealth and population the original fraternity divided into craft organizations (so long ago, indeed, that no record of its existence remains), and each trade organized a guild, with a hall of its own; and thus it came to pa.s.s that the twelve livery companies--the Mercers, the Grocers, the Goldsmiths, the Drapers, the Fishmongers, and the rest--became the government of the capital of England.

All mediaeval inst.i.tutions tended to aristocracy and monopoly, and, accordingly, after the merchant guilds had split into these corporate trade unions, boroughs waxed exclusive, and members.h.i.+p, instead of being an incident of citizens.h.i.+p, grew to confer citizens.h.i.+p itself; thus the franchise, being confined to freemen, and freedom or members.h.i.+p having come to depend on birth, marriage, election, or purchase, the const.i.tuencies which returned a majority of the House of Commons grew so petty and corrupt as to threaten the existence of parliamentary government itself, and the abuse at last culminated in the agitation which produced the Reform Bill.

When legal forms had taken shape, the land upon which a town stood was not unusually granted to the mayor and commonalty by metes and bounds, [Footnote: See Charter of Plymouth, granted 1439. _History of Plymouth_, p. 50. The incorporation was by statute.] to them and their successors forever, upon payment of a rent; and the mayor and common council were empowered to make laws and ordinances for the local government, and to fine, imprison, and sometimes whip and otherwise punish offenders, so as their statutes, fines, pains, and penalties were reasonable and not repugnant to law. [Footnote: _History of Tiverton_, App. 5.] The foreign trading company was an offshoot of the guild, and was intended to protect commerce. Obviously some such organization must have been necessary, for, if property was insecure within the realm, it was far more exposed without; and, indeed, in the fourteenth century, English merchants domiciled on the Continent could hardly have been safer than Europeans are now who garrison the so-called factories upon the coast of Africa.