Salem Witchcraft, Volumes I and II: With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred Subjects — John Shaqi
Salem Witchcraft, Volumes I and II: With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred SubjectsUpham, Charles Wentworth
History
Salem Witchcraft, Volumes I and II: With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred Subjects
Upham, Charles Wentworth
Salem (Mass.) -- History -- Colonial period, ca. 1600-1775; Witchcraft -- Massachusetts -- Salem -- History -- 17th century
There was some irregularity in these proceedings. The charter fixed a
certain time, "yearly, once in the year, for ever hereafter," for the
election of governor, deputy-governor, and assistants. Matthew Cradock
had been elected accordingly, on the 13th of May, 1629, governor of the
company "for the year following." He presided at the General Court of
the company when Winthrop was elected governor. There does not appear
to have been any formal resignation of his office by Cradock. In point
of fact, the charter made no provision for a resignation of office, but
only for cases where a vacancy might be occasioned[i.18] by death, or
removal by an act of the company. It would have been more regular for
the company to have removed Cradock by a formal vote; but the great and
weighty matter in which they were engaged prevented their thinking of a
mere formality. Cradock had himself conceived the project they had met
to carry into effect, and labored to bring it about. He vacated the
chair to his successor, on the spot. Still forgetting the provisions of
the charter, they declared Winthrop elected "for the ensuing year, to
begin on this present day," the 20th of October, 1629. By the language
of the charter, he could only be elected to fill the vacancy "in the
room or place" of Cradock; that is, for the residue of the official
year established by the express provision of that instrument, namely,
until the "last Wednesday in Easter term" ensuing. All usage is in
favor of this construction. The terms of the charter are explicit; and,
if persons chosen to fill vacancies during the course of a year could
thus be commissioned to hold an entire year from the date of their
election, the provision fixing a certain day "yearly" for the choice of
officers would be utterly nullified. Whether this subsequently occurred
to Winthrop and his associates is not known; but, if it did, it was
impossible for them to act in conformity to the view now given; for, in
the ensuing "last Wednesday of Easter term," he was at sea, in mid
ocean, and the several members of the company dispersed throughout his
fleet. When he arrived in Salem, he found Endicott—who, in the records
of the[i.19] company before its transfer to New England, is styled "the
Governor beyond the seas"—with his year of office not yet expired. The
company had not chosen another in his place, and his commission still
held good. It was so evident that the vote extending the term of
Winthrop's tenure to a year from the day on which he was chosen, Oct.
20, 1629, was illegal, that when that year expired, in October, 1630,
no motion was made to proceed to a new election. In the mean time,
however, Endicott's year had expired; and, for aught that appears,
there was not, for several months, any legal governor or government at
all in the colony. When the next "last Wednesday of Easter term" came
round, on the 18th of May, 1631, Winthrop was chosen governor, as the
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account