239 



the annals of the world. All other histories of the formation of 

 states present the effects of external force, internal violence, or 

 the initiation of pre-existing examples. Here the whole process 

 is spontaneous, natural and original ; one thing leads to another, 

 events give rise to institutions, and experience impresses order, 

 symmetry and perfection upon the final structure. The State 

 has risen and stands, like a majestic tree, its roots deep in 

 earth, and its branches spreading, in a beauty and glory that 

 will increase forever. 



Mr. Upham then proceeded, by citations from the volumes, 

 to show how the various functions of a state were gradually 

 eliminated and organized— ^the principle of representation; the 

 division of the legislature into two brmiches, with a negative 

 voice upon each other ; the gradual separation of judicial pow- 

 er from the legislative, and the executive from both ; the crea- 

 tion of toivns^ which, as depositaries of a considerable portion of 

 the sovereignty of a people, he held to be a new creation, an in- 

 vention then wrought out, and the great secret of our liberty 

 and power as a people ; the establishment of counties^ with the 

 powers deposited in them ; the entire art and science of elections, 

 so as to elicit the public will, in a free, intelligent, and sure 

 process ; and, indeed, all the details of that system of law, order, 

 and equal rights, under which we live, and in which we rejoice 

 to this day. 



All the essential features of our present security and happi- 

 ness, he maintained, were worked out during the first half cen- 

 tury of the Old Colony of Massachusetts Bay, and these Rec- 

 ords show how they were worked out. 



He concluded by presenting some points of particular inter- 

 ert to us in Salem, and with some general statements in com- 

 mendation of the character and spirit of the early colonial leg- 

 islation. It was, indeed, severe, rigid, and uncompromising in 

 some respects ; mistakes were frequently committed ; the errors 

 and faults of that age were not, in all respects, avoided ; but, 

 upon the whole, he maintained that there was an all pervading 

 wisdom, carefulness, fidelity and firmness in the prosecution of 

 the great object of the true welfare of their posterity, in the 

 colonial statesmen of the first age, worthy of all commendation, 

 and of imitation by legislators in all coming time. 



After Mr Upham had concluded, the thanks of the Institute 

 were unanimously voted to him for his agreeable and valuable 



