in the records of the 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 record
says, “according to the meaning of the patent;”
and all went on smoothly afterwards. If the difficulty
into which they had got was apprehended by Winthrop,
Endicott, or any of their associates, they were wise
enough to see that nothing but mischief could arise
from taking notice of it; that no human ingenuity
could disentangle the snarl; and that all they could
do was to wait for the lapse of time to drift them
through. The conduct of these two men on the occasion
was truly admirable. Endicott welcomed Winthrop
with all the honors due to his position as governor;
opened his doors to receive him and his family; and
manifested the affectionate respect and veneration
with which, from his earliest manhood to his dying
day, Winthrop ever inspired all men in all circumstances.
Winthrop performed the ceremony at Endicott’s
marriage. They each went about his own business,
and said nothing of the embarrassments attached to
their official titles or powers. After a few
months, Winthrop held his courts, as though all was
in good shape; and Endicott took his seat as an assistant.
They proved themselves sensible, high-minded men, of
true public spirit, and friends to each other and to
the country, which will for ever honor them both as
founders and fathers. They entered into no disputes—and
their descendants never should—about which
was governor, or which first governor.
The disposal of lands, at the expiration of Endicott’s delegated administration, passed back into the hands of the company, and was conducted by the General Court upon the policy established at its meetings in London. On the 3d of March, 1635, the General Court relinquished the control and disposal of lands, within the limits of towns, to the towns themselves. After this, all grants of lands in Salem were made by the people of the town or their own local courts. The original land policy was faithfully adhered to here, as it probably was in the other towns.
The following is a copy of the Act:—