Salem Witchcraft and Cotton Mather: A Reply. Charles Wentworth Upham

have been committed I would shelter from any proceedings against them wherein there may be the least suspicion of any wrong to be done unto the innocent. I would also wait for any particular directions or commands, if their Majesties please to give me any, for the fuller ordering this perplexed affair.

      "I have also put a stop to the printing of any discourses one way or other, that may increase the needless disputes of people upon this occasion, because I saw a likelihood of kindling an inextinguishable flame if I should admit any public and open contests; and I have grieved to see that some, who should have done their Majesties, and this Province, better service, have so far taken council of passion as to desire the precipitancy of these matters; these things have been improved by some to give me many interruptions in their Majesties service [which] has been hereby unhappily clogged, and the persons, who have made so ill improvement of these matters here, are seeking to turn it upon me, but I hereby declare, that as soon as I came from fighting against their Majesties enemies, and understood what danger some of their innocent subjects might be exposed to, if the evidence of the afflicted persons only did prevail, either to the committing, or trying any of them, I did, before any application was made unto me about it, put a stop to the proceedings of the Court and they are now stopped till their Majesties pleasure be known. Sir, I beg pardon for giving you all this trouble; the reason is because I know my enemies are seeking to turn it all upon me. Sir,

"I amYour most humble Serv^tWilliam Phips.

      "Dated at Boston in New England, the 14th of Oct^r 1692.

      "Mem^dm

      "That my Lord President be pleased to acquaint his Majesty in Council with the account received from New England, from Sir W^m Phips, the Governor there, touching proceedings against several persons for Witchcraft, as appears by the Governor's letter concerning those matters."

      The foregoing document, I repeat, indicates the kind of talk with which Phips was accosted, when stepping ashore. Exaggerated representations of the astonishing occurrences at Salem Village burst upon him from all, whom he would have been likely to meet. The manner in which the Mathers, through him, had got exclusive possession of the Government of the Province, probably kept him from mingling freely among, or having much opportunity to meet, any leading men, outside of his Council and the party represented therein. Writing in the ensuing October, at the moment when he had made up his mind to break loose from those who had led him to the hasty appointment of the Special Court, there is significance in his language. "I have grieved to see that some, who should have done their Majesties, and the Province, better service, have so far taken counsel of passion, as to desire the precipitancy of these matters." This refers to, and amounts to a condemnation of, the advisers who had influenced him to the rash measures adopted on his arrival. How rash and precipitate those measures were I now proceed to show.

      V

THE SPECIAL COURT OF OYER AND TERMINER. HOW IT WAS ESTABLISHED. WHO RESPONSIBLE FOR IT. THE GOVERNMENT OF THE PROVINCE CONCENTRATED IN ITS CHIEF-JUSTICE

      So great was the pressure made upon Sir William Phips, by the wild panic to which the community had been wrought, that he ordered the persons who had been committed to prison by the Salem Magistrates, to be put in irons; but his natural kindness of heart and common sense led him to relax the unjustifiable severity. Professor Bowen, in his Life of Phips, embraced in Sparks's American Biography, [vii., 81.] says: "Sir William seems not to have been in earnest in the proceeding; for the officers were permitted to evade the order, by putting on the irons indeed, but taking them off again, immediately."

      On Tuesday, the twenty-fourth of May, the Council met to consider the matter specially assigned to that day, namely, the nomination and appointment of Judicial officers.

      The Governor gave notice that he had issued Writs for the election of Representatives to convene in a General Court, to be held on the eighth of June.

      He also laid before the Council, the assigned business, which was "accordingly attended, and divers persons, in the respective Counties were named, and left for further consideration."

      On the twenty-fifth of May, the Council being again in session, the record says: "a further discourse was had about persons, in the several Counties, for Justices and other officers, and it was judged advisable to defer the consideration of fit persons for Judges, until there be an establishment of Courts of Justice."

      At the next meeting, on the twenty-seventh of May, it was ordered that the members of the Council, severally, and their Secretary, should be Justices of the Peace and Quorum, in the respective Counties where they reside: a long list, besides, was adopted, appointing the persons named in it Justices, as also Sheriffs and Coroners; and a Special Court of Oyer and Terminer was established for the Counties of Suffolk, Essex, and Middlesex, consisting of William Stoughton, Chief-justice, John Richards, Nathaniel Saltonstall, Wait Winthrop, Bartholomew Gedney, Samuel Sewall, John Hathorne, Jonathan Corwin, and Peter Sargent, any five of them to be a quorum (Stoughton, Richards, or Gedney to be one of the five).

      When we consider that the subject had been specially assigned on the seventeenth, and discussed for two days, on the twenty-fourth and twenty-fifth, to the conclusion that the appointment of Judges ought to be deferred, "until there be an establishment of Courts of Justice,"—which by the Charter, could only be done by the General Court which was to meet, as the Governor had notified them, in less than a fortnight—the establishment of the Court of Oyer and Terminer, on the twenty-seventh, must be regarded as very extraordinary. It was acknowledged to be an unauthorized procedure; the deliberate judgment of the Council had been expressed against it; and there was no occasion for such hurry, as the Legislature was so soon to assemble. There must have been a strong outside pressure, from some quarter, to produce such a change of front. From Wednesday to Friday, some persons of great influence must have been hard at work. The reasons assigned, in the record, for this sudden reversal, by the Council, of its deliberate decision, are the great number of criminals waiting trial, the thronged condition of the jails, and "this hot season of the year," on the twenty-seventh of May! It is further stated, "there being no judicatures or Courts of Justice yet established," that, therefore, such an extraordinary step was necessary. It is, indeed, remarkable, that, in the face of their own recorded convictions of expediency and propriety, and in disregard of the provisions of the Charter which, a few days before, they had been sworn to obey, the Council could have been led to so far "take counsel of passion," as to rush over every barrier to this precipitate measure.

      No specific reference is anywhere made, in the Journals, to Witchcraft; but the Court was to act upon all cases of felony and other crimes. The "Council Records" were not obtained from England, until 1846. Writers have generally spoken of the Court as consisting of seven Judges. Saltonstall's resignation does not appear to have led to a new appointment; and, perhaps, Hathorne, who generally acted as an Examining Magistrate, and signed most of the Commitments of the prisoners, did not often, if ever, sit as a Judge. In this way, the Court may have been reduced to seven. Stephen Sewall was appointed Clerk, and George Corwin, High Sheriff.

      Thus established and organized, on the twenty-seventh of May, the Court sat, on the second of June, for the trial of Bridget Bishop. Her Death-warrant was signed, on the eighth of June, the very day the Legislature convened; and she was executed on the tenth. This was, indeed, "precipitancy." Before the General Court had time, possibly, to make "an establishment of Courts of Justice" in the exercise of the powers bestowed upon it by the Charter, this Special Court—suddenly sprung upon the country, against the deliberate first judgment of the Council itself, and not called for by any emergency of the moment which the General Court, just coming on the stage, could not legally, constitutionally, and adequately, have met—dipped its hands in blood; and an infatuated and appalled people and their representatives allowed the wheels of the Juggernaut to roll on.

      The question, who are responsible for the creation, in such hot haste, of this Court, and for its instant entrance upon its ruthless work, may not be fully and specifically answered, with absolute demonstration, but we may approach a satisfactory solution of it. We know that a word from either of the Mathers would have stopped it. Their relations to the Government were, then, controlling. Further, if, at that time, either of the other leading Ministers—Willard, or Allen—had demanded delay,