The reason of this action it is easy to conjecture, but it is fully stated in the order of the inhabitants of Charlestown at the meeting in which the action for the government of the town by selectmen was taken: "In consideration of the great trouble and charge of the inhabitants of Charlestown by reason of the frequent meeting of the townsmen in general, and that, by reason of many men meeting, things were not so easily brought into a joint issue; it is therefore agreed, by the said townsmen, jointly, that these eleven men ... shall entreat of all such business as shall concern the townsmen, the choice of officers excepted; and what they or the greater part of them shall conclude of, the rest of the town willingly to submit unto as their own proper act, and these eleven to continue in this employment for one year next ensuing the date hereof."
Town government, thus instituted, was recognized the next year—1636—by the General Court, and thereafter the towns were corporations lawfully existing and endowed with certain fixed though limited powers.
The plantations of the Plymouth Colony followed the example. In 1637, Duxbury was incorporated, and at the General Court of the colony, in 1639, deputies were in attendance from seven towns.
"Thus," says Judge Parker, [4] "there grew up a system of government embracing two jurisdictions, administered by the same people; the Colonial government, having jurisdiction over the whole colony, administered by the great body of the freemen, through officers elected and appointed by them; and the town governments, having limited local jurisdiction, such as was conceded to them by the Colonial government, administered by the inhabitants, through officers and agents chosen by them."
By this change,—the invention of the colonists themselves without copy or pattern,—the colonies were transformed from pure democracies into a congeries of democratic republics; and each town-house, or whatever building was used for such, became the state-house of a little republic. And this is what it is in every New England town to-day.
Was not, then, the New England town-house a thing of inheritance at all? Yes, so far as it was a building for the common meeting of the inhabitants of the town, and so far as it was a place for free discussion and the ordering of purely local affairs. The colonists came from their English homes already familiar with the town-hall and its uses so far. If one will turn to any gazetteer or encyclopædia which gives a description of Liverpool, England, he will find the town-hall described as one of the noble edifices of that town. The present structure was opened in 1754, but it was the successor of others, the first of which must have dated back somewhere near the time when King John gave the town its charter—1207. Or he may turn to the town of Hythe in the county of Kent. In its corporation records, it is said, is the following entry, bearing date in the year 1399: "Thomas Goodeall came before the jurats in the common hall on the 10th day of October, and covenanted to give for his freedom 20d., and so he was received and sworn to bear fealty to our Lord the King and his successors, and to the commonalty and liberty of the port of Hethe, and to render faithful account of his lots and scots [5] as freeman there are wont." In another entry, in the same year, the building is mentioned again as the "Common House."
[pg 288]
We may go further back than this. History tells us that "the boroughs (towns) of England, during the period of oppression, after the Norman invasion, led the way in the silent growth and elevation of the English people; that, unnoticed and despised by prelate and noble, they had alone preserved the full tradition of Teutonic liberty; that, by their traders and shopkeepers, the rights of self-government, of free speech in free meeting, of equal justice by one's equals, were brought safely across the ages of Norman tyranny."[6] The rights of self-government and free speech in free meeting, then, were rights and practices of our Anglo-Saxon ancestry, and we are to go back with them across the English channel to their barbarian German home, and to the people described by Tacitus in his Germania, for the origin, as far as we can trace it, of this part of our inheritance. These people were famed for their spirit of independence and freedom. The mass are described as freemen, voting together in the great assemblies of the tribe, and choosing their own leaders or kings from the class of nobles, who were nobles not as constituting a distinct and privileged caste. "It was their greater estates and the greater consequence which accompanied these that marked their rank." When we first learn of these assemblies, they are out-of-doors, under the broad canopy of heaven alone, but the time came, as the rathhaus of the German town to-day attests, when they built the common hall or town-house; and we, to-day, in this remote and then unknown and unconjectured land of the West, are in this regard their heirs as well as descendants.[7]
In what, then, is the New England town-house more than, or different from, the English town-house? In this, that it is the state-house of a little democratic republic which came into existence of and by itself of a natural necessity, and not merely governs itself, making all the laws of local need and executing them—levying taxes, maintaining schools, and taking charge of its own poor, of roads, bridges, and all matters pertaining to the health, peace, and safety of all within its bounds, in a word, all things which it can do for itself,—but also in confederation with other little democratic republics has called into being, and clothed with all the power it has for those matters of common need which the town cannot do, the State. The State of Massachusetts, from the day that the people created the General Court the body it still is, by electing deputies from the towns,—representatives we now call them,—to sit instead of the whole body of freemen, with the governor [pg 289] and council, for the performance of all acts of legislation for the common good, is the outgrowth of and exists only by virtue of the towns. The towns created it, compose it, send up to it its heart-and-life blood. This it is which makes the New England town unique, attracting the attention and interest of intelligent foreigners who visit our shores. Judge Parker says: "I very well recollect the curiosity expressed by some of the gentlemen in the suite of Lafayette, on his visit to this country in 1825, respecting these town organizations and their powers and operations." In the same connection he adds that "a careful examination of the history of the New England towns will show that," instead of being modeled after the town of our Anglo-Saxon ancestors, or the free cities of the continent of the twelfth century, "they were not founded or modeled on precedent" at all. Mr. E.A. Freeman, however, puts it more truthfully in saying: "The circumstances of New England called the primitive assembly (that is, the Homeric agora, Athenian ekklesia, Roman comitia, Swiss landesgemeinde, English folk-moot) again into being, when in the older England it was well-nigh forgotten. What in Switzerland was a survival was in New England rather a revival."[8]