SALEM WITCHCRAFT AND COTTON MATHER. A REPLY.

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, 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."
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, it would have been necessary to pause; but none appear to have made open opposition; and all must share in the responsibility for subsequent events.
Apparently, if the right people had objected, this court established to hear the cases could have been stopped.
The importance attached by Cotton Mather to the affair in Sweden, especially viewed in connection with the foregoing extract, indicates that the change, I have conjectured, had come over him, as to the way to deal with Witches; and that he had reached the conclusion that prayer would not, and nothing but the gallows could, answer the emergency. In the Swedish case, was found the precedent for a "Special Commission of Oyer and Terminer."
There had been somewhat similar things happened Sweden some thirty years or so earlier.
Calling in question the legality of the Court, Hutchinson expresses a deep sense of the irregularity of its proceedings; although, as he says, "the most important Court to the life of the subject which ever was held in the Province," it meets his unqualified censure, in many points. In reference to the instance of the Jury's bringing in a verdict of "Not guilty," in the case of Rebecca Nurse, and being induced, by the dissatisfaction of the Court, to go out again, and bring her in "Guilty," he condemns the procedure.
This, of course, is pretty low. Finding someone not guilty, then pressuring the Court to change their minds and find her guilty.
 Speaking of a wife or husband being allowed to accuse one the other, he breaks out: "I shudder while I am relating it;" and giving the results at the last trial, he says: "This Court of Oyer and Terminer, happy for the country, sat no more." Its proceedings were arbitrary, harsh, and rash. The ordinary forms of caution and fairness were disregarded. The Judges made no concealment of a foregone conclusion against the Prisoners at the Bar. No Counsel was allowed them. The proceedings were summary; and execution followed close upon conviction.
While it was destroying the lives of men and women, of respectable position in the community, of unblemished and eminent Christian standing, heads of families, aged men and venerable matrons, all the ordinary securities of society, outside of the tribunal, were swept away.
A pretty thorough condemnation of the way the Court carried out its business.

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