USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 1
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Horalio Rogers
THE EARLY RECORDS
OF THE
TOWN OF PROVIDENCE
VOL. XVIII
BEING OFFICIAL RECORDS AND DOCUMENTS OF TITLE AND PROCEEDINGS RELATIVE TO THE NORTH BURIAL GROUND
PRINTED UNDER AUTHORITY OF THE CITY COUNCIL OF PROVIDENCE BY
EDWARD FIELD Record Commissioner
PROVIDENCE SNOW & FARNHAM, CITY PRINTERS 1904
TOP PROVIDE
"WHAT CHEER ?"
1333
FOUNDED CORPORATEP
APR 4 1905 D. of D.
PREFACE
TilIs Volume continues the printing of the " Early Records of the Town of Providence," authorized by the following reso- lutions of the City Council of the City of Providence, approved March 6, 1891:
" RESOLVED, That Horatio Rogers, George M. Carpenter and Edward Field are hereby appointed record commis- sioners, who shall serve without compensation, for the purpose of collecting and printing the early records of the town of Providence, and said commissioners are hereby authorized to expend the sum of one thousand dollars for collecting and printing said records, said sum to be charged to the appropria- tion for printing."
From time to time the City Council has made other appro- priations for the continuance of the work. A majority of the commission having deceased, Judge Carpenter having died July 31, 1896, and Judge Rogers on November 12, 1904, the surviving commissioner was elected Record Commissioner on November 22, 1904, under whose direction this volume is issued. This, the eighteenth volume in the series of printed records differs in character from those heretofore published, inasmuch as it is a compilation of records and proceedings relat- ing to a special subject and is made a part of these records by
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PREFACE.
resolution of the City Council, No. 187, approved May 18, 1900, and the amendment thereto approved October 16, 1903, both of which are as follows:
" No. 187. Resolution to Print 500 Copies of the Records Relative to the North Burial Ground.
[Approved May 18, 1900.]
RESOLVED, That the Record Commissioners are hereby directed to cause to be printed for the use of the City Council, five hundred copies of the records and documents of title and proceedings relative to the North Burial Ground, the expense thereof to be charged to the appropriation for the Record Commissioners."
"No. 360. Resolution to Print 1,000 Copies of the Records Relative to the North Burial Ground.
[Approved October 16, 1903.]
RESOLVED, That the Record Commissioners be, and they are hereby directed to cause to be printed five hundred copies of the records and documents of title and proceedings relative to the North Burial Ground, in addition to the number author- ized by Resolution No. 187, approved May 18, 1900, the ex- pense of the printing of said five hundred additional copies of said Records to be charged to the appropriation for the Record Commissioners."
On January 25, 1894, the Joint Standing Committee of the City Council on the North Burial Ground requested the City Engineer to compile and prepare for the use of said committee
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PREFACE.
all the material on record from the earliest period in the his- tory of the town of Providence up to that date, relating to the North Burial Ground. The growth of that institution with its changes of boundaries and the acquisition of territory made it absolutely necessary that there should be readily at hand the various records and data relating to this burying ground under the management and control of the municipality. The work of compilation was placed in the hands of William G. Brennan, Assistant Engineer in charge of city property in the office of the City Engineer, and the result of his painstaking and careful research was embodied in four volumes of type-written material, covering all the records both state and municipal, relative to this institution. By reason of the great amount of time and research expended in its preparation and the importance and value of the result obtained to the city, the committee felt that it should be preserved against loss by being printed and made available for convenient reference, and they therefore consulted with the commissioners as to the advisability of including the work among the volumes which the Record Commissioners had heretofore and were then placing in permanent form for preservation. This suggestion was heartily approved of by the commissioners, and while it was of a different character from the work already done by them, they were of the opinion that such an undertaking came well within the scope of work under their control. In considering this compilation for printing, it was found necessary to make a different arrangement from that originally prepared, and by direction of the City Engineer at the suggestion of the present commissioner, Mr. Brennan was as- signed to re-arrange the material for printing. When the
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great mass of manuscript was finally received, it was seen at once that it was too great to be included in one printed book without making such book too unwieldy and inconvenient, and it was decided to print it in two volumes as near uniform as possible. The records of the burying ground, therefore, in this book, conclude with the year 1889, the remaining portion being left to form the nineteenth volume of this series of printed records.
In printing this book the Commissioner has relied upon the manuscript submitted to him and has not consulted original records except in certain cases where it was found necessary for various reasons to verify dates or names and it is therefore printed practically as compiled under the direction of the City Engineer.
The Commissioner desires to express his thanks to Otis F. Clapp, Esq., City Engineer, and to William G. Brennan, Assistant Engineer, for their hearty co-operation and assistance in preparing this material for the press. He also expresses his appreciation of the assistance rendered by the Joint Stand- ing Committee of the City Council on the North Burial Ground and to the Commissioners and Superintendent of the North Burial Ground.
An index to names and an index to subjects are also added hereto. In the index to subjects the date of the reference is indicated by figures in italics. The work is arranged chrono- logically as far as is consistent with the material included, the date of the proceeding being placed before the record in each case.
In the preface to Volume XI of the Early Records of the
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Town of Providence, written eight years ago, Judge Rogers and myself had occasion to say that since the publication of the last volume, death had removed one of our associates. To- day it becomes my sad duty to record a similar fact, for Horatio Rogers, Chairman of the Record Commission died November 12, 1904, and, in appreciation of the long years of friendship and companionship I offer this sketch of his life and tribute to his memory.
HORATIO ROGERS, son of Horatio and Susan (Curtis) Rogers, was born in the city of Providence, May 18, 1836. His an- cestors, both on his father's and mother's side, were distin- guished in their generation for high character and strong individuality. On his father's side the earliest ancestor in America was James Rogers, who was made a freeman at New- port, R. I., in September, 1640, and subsequently held the office of general sergeant of the colony for many years. His father was a merchant of Providence, and took no active part in public affairs, but devoted his life to his business, his home and his family. His grandfather, John Rogers, served in the Revolutionary War, being commissioned ensign in the Second Rhode Island regiment of the Continental Line on May I, 1779. He was wounded at Connecticut Farms on June 23, 1780, and transferred to the First Rhode Island regiment on January 1, 1781. He was commissioned lieutenant in August, 1781, and served in that office to the close of the war. He continued in the military service of his country and was ap- pointed military storekeeper of the United States Army, March 9, 1819, and was honorably discharged June 1, 1821.
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Two great-uncles were also officers in the Continental Army; one, Robert Rogers, having served in the Rhode Island Line, and the other, Rev. William Rogers, D. D., having been a Brigade-Chaplain in the Pennsylvania Line.
His mother was a daughter of David Curtis, of Worcester, a family of prominence in Massachusetts, and George William Curtis, the distinguished author and orator, was a near kins- man.
He obtained the benefit of the course of studies furnished in the common schools of the city and entered Brown Univer- sity, graduating from that institution in the class of 1855 with the degree of A. B.
Choosing the law for a profession he entered the office of Hon. Thomas A. Jenckes, and, after diligently applying him- self there and at the Harvard Law School, was admitted to the Rhode Island bar in 1858. Soon after he opened an office in Providence and entered upon the practice of his profession
His inherent qualities naturally directed him to assume the duties and obligations of good citizenship and he early became interested in public affairs. In 1860 occurred the exciting presidential campaign in which Abraham Lincoln was the can- didate of the Republican party. In Rhode Island the enthu- siasm for Lincoln was intense and the months of the campaign were filled with public meetings, parades and other demonstra- tions in the interest of the Illinois candidate. In this cam- paign Horatio Rogers entered with all the energy and interest which characterized his nature and he stumped the state in support of his party. On January 29, 1861, he married Lucia Waterman, the daughter of Resolved Waterman. In the fol-
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lowing June he was elected by the City Council of Providence a justice of the police court. From this time until his death he was almost continuously active in public affairs. On Sep- tember 7, 1861, he resigned the office to which he had just been elected, "having accepted a commission in the Third Regiment, R. I. V.," as he states in his letter of resignation to Hon. Jabez C. Knight, then mayor of the city of Providence.
When that gun was fired from the shores of Charleston harbor, against the flag of his country, he was eager to enlist in the cause of the Union, but it was not until August 27, 1861, that he entered the service, being then commissioned first lieutenant of Company D, Third Rhode Island Regiment Heavy Artillery. A few weeks later, while with this command at Fort Hamilton, N. Y; he was promoted to a captaincy and assigned to Company H. The Third Regiment formed a part of Gen. T. W. Sherman's expedition to Port Royal, South Carolina, in the fall of 1861, and participated in the bombard- ment and capture of Forts Walker and Beauregard at Hilton Head and Bay Point by the fleet under command of Com- modore Dupont. The Third Regiment held these forts. In March, 1862, Captain Rogers with other companies of the Third, were sent to Tybee Island, Georgia, to take part in the reduction of Fort Pulaski.
In the siege during the battle of April 10 and 11, 1862, he had command at Battery McClellan located nearest the fort and which played a most conspicuous part in its reduction, the only casualties among the Union forces being in Rogers' com- mand. During this bombardment Captain Rogers was at one time nearly buried in sand by the bursting of a shell. He par-
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ticipated in the campaign of James Island, South Carolina, in June, 1862, and for the gallant part he took in the action of June 16th, was promoted to the rank of Major. He was in the expedition under Generals Brannan and A. H. Terry to burn the bridge at Pocotaligo, South Carolina, and shared in the des- perate, but unsuccessful action of October 24, 1862. While serving in the Department of the South his legal knowledge caused him to be frequently assigned on courts-martial, acting as judge advocate. On January 7, 1863, he received his com- mission as Colonel of the Eleventh Rhode Island regiment to date from December 27, 1862, and, on January 23, 1863, took command of this regiment. He had hardly joined his new command when he was commissioned colonel of the Second Rhode Island regiment which formed a part of the Second Brigade, then commanded by Gen. Charles Devens and form- ing a part of the Third Division of the Sixth Corps and sta- tioned at Falmouth, Virginia, and his connection with the Eleventh terminated with a service of two weeks.
Colonel Rogers took part in the various actions in which the second regiment was engaged with the Army of the Potomac, particularly the second battle of Fredericksburg, Salem Heights, Gettysburg, Rappahannock Station and Mine Run. The gallant part taken by him and his command won the praise of his superior officers and the thanks of the Gen- eral Assembly of 'Rhode Island. The hardships connected with active campaigning had seriously affected his physical condition, never rugged or robust at its best, and when the army went into winter quarters after a service of two and one- half years, he resigned his commission January 14, 1864, and
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returned to his home. For gallant and meritorious service he was brevetted Brigadier-General of United States Volunteers to date from March 13, 1865. Soon after his retirement from the army he was elected Attorney-General of Rhode Island and held this office from 1864 to 1867; he was urged to again become a candidate, but declined another nomination for the office. During the period from 1866 to 1868 he represented the Third Ward in the Common Council of Providence and again in 1873-4, during a portion of which time he served as president of that body. Following his service in the City Council of Providence he was elected to the General Assembly and served in the House of Representatives in 1868-9, and from 1874 to 1876.
On June 11, 1867, his wife died, and, on October 6, 1869, he married Emily P. Smith, daughter of Governor James Y. Smith. On January 1, 1873, he gave up the practice of the law, in which profession he had attained much distinction and entered upon a mercantile career, becoming a partner with his father-in-law, James Y. Smith, and his brother-in-law, Charles A. Nichols, in the manufacture of cotton goods.
He was thus engaged for twelve years, when on account of the death of Governor Smith and the closing up of the busi- ness, in which the company had been engaged, he again en- tered upon the practice of his profession.
He did not, however, remain inactive ; the party with which he had so long been identified remembering the worth of the service which he had rendered to the state, nominated him in 1888, and he was again elected Attorney-General.
This term of service was during the period when a pro-
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hibitory law was in effect. His administration of the office was fearless and vigorous; he enforced the laws of the state with all that zeal and energy which he displayed in all his acts, and, though nominated the following year, was defeated in consequence thereof.
His appointment as one of the Record Commissioners of the City of Providence on March 6, 1891, came while he was traveling in Florida for the benefit of his health, and his first knowledge of his selection was obtained in a letter from the writer while he was at St. Augustine. In his reply he states, " I will do all in my power to aid the good cause." Upon his return he entered upon the work which had been laid out by his associates with much interest and enthusiasm. He was thus engaged at a meeting of the commissioners at the City Hall on the evening of May 26, 1891, when word was received by telephone from Newport, where the General Assembly was then holding its session, that he had just been nominated by the Republican caucus as associate justice of the supreme court of Rhode Island and his election the following day was as- sured.
For a time he was visibly affected by this mark of confi- dence and distinction which his fellow citizens had shown him. An ambition which he had cherished was about to be realized, and with this came a full realization of the responsibilities, the duties and capabilities that would be demanded of him and which he must furnish. No man ever entered upon the duties of a public office more seriously, more impressed with the great honor and dignity which it carried, more appreciative of the love and confidence which his fellow men had for him, than
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did Horatio Rogers enter upon the duties of his new position. On February 19, 1903, after a service of nearly twelve years, he resigned his seat on the supreme bench, having reached the age at which the law provided a judge of the supreme court might retire. Had his health permitted it is doubtful if he would have given up these duties which were as pleasant and agreeable to himself as they were satisfactory to his asso- ciates and members of the Rhode Island bar. Upon his retire- ment, in appreciation of the honors which the state had con- ferred upon him from time to time and in recognition of the pleasant associations which had marked his career upon the bench, he presented to the state for the use of the court, his magnificent and extensive law library.1
1 RESOLUTION ACCEPTING THE RESIGNATION OF HONORABLE HORATIO ROGERS, ASSOCIATE JUSTICE OF THE SUPREME COURT OF THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.
RESOLVED, That the resignation of the office of associate justice of the supreme court of the state of Rhode Island and Providence plantations, tendered to this general assembly by the honorable Horatio Rogers, be and the same is hereby accepted to take effect as therein stated ; and be it further
RESOLVED, That in accepting the resignation aforesaid the general assembly places on record its expression of deep regret that he is obliged by the condition of his health to lay aside the duties of associate justice of the supreme court of this state, which for a period of nearly twelve years he has discharged with such marked ability, impartiality, and integrity as to bring honor to the judiciary of the State and to win the confidence and com- mendation of his fellow citizens; and be it further
RESOLVED, That this general assembly in behalf of the state gratefully accepts his gift of his law library and authorizes the chief justice of the supreme court to cause the same to be placed in the judges' consultation room at the Providence court house for the use of the court ; and be it further
RESOLVED, That the sheriff of Providence county be and he hereby is authorized and empowered to present to the retiring justice the chair and desk in the Providence county court house used by him during his term of office, and that the secretary of state be and he hereby is instructed to present to the retiring justice a copy of this resolution suitably en- grossed and certified under the seal of the state.
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In December, 1902, he was appointed a member of the commission provided under Chapter 1077 of the Public Laws relative to the relocation of the Soldiers and Sailors Monu- ment and the Burnside Equestrian Statue located on Exchange Place in Providence, and upon the organization of this com- mission he was elected its chairman. He took great interest in the work delegated to this commission, attending its meet- ings regularly up to the middle of December, a year later. In the following March his continued illness forced him to give up all the duties of this character and he communicated ver- bally his resignation, both as a member of the commission and as its chairman. His associates on this commission, how- ever, while regretting that he was forced to this conclusion, declined to accept his resignation and requested him to con- tinue one of its members.
Such in brief, is the official life of Horatio Rogers, but it was not his nature to be inactive outside the hours devoted to official duties. His religious life was deep and earnest and he was a consistent communicant of the Protestant Episcopal Church during his whole life. The institution of Freemasonry early attracted him and he was admitted to membership in St. John's Lodge, No. 1, of Providence, on November 17, 1858, soon after attaining his majority.
He was an active member of Prescott Post, No. I, Grand Army of the Republic, and was Department Commander of Rhode Island in 1869, succeeding his friend and fellow officer, Gen. Ambrose E. Burnside. This also gave to him life mem- bership in the National Encampment of that organization. He was also connected with various army veteran associations
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including the Military Order of the Loyal Legion of the United States, Second Rhode Island and Battery A Veteran Association, Third Rhode Island Veteran Association and Society of the Army of the Potomac. Although never hold- ing office, he was actively interested in the Soldiers and Sailors Historical Society, before which he had often delivered ad- dresses on various events connected with army life. He held membership in the Society of the Cincinnati of the State of Rhode Island and Providence Plantations by right of descent from Lieut. John Rogers of the Rhode Island Continental Line.
For a period of thirty-eight years he was a member of the Rhode Island Historical Society, holding the office of President from 1889 to 1895. He was also a member of the American Antiquarian Society, New England Historic Genealogical Society and other kindred societies.
Although he was a member of many patriotic, historical and literary organizations, he had no taste or inclination for club life; his habits were by temperament and selection thoroughly domestic, and in the companionship of his wife and family, surrounded by his books, he found his greatest pleasure.
Besides being connected with the publication of seventeen volumes of the Early Records of the Town of Providence and six reports of the commission, he was the author of " Private Libraries of Providence " with a Preliminary essay on the love of Books, (Providence, 1878) a volume in which he had oppor- tunity to discuss a subject for which he had great fondness. He annotated and published from the original manuscript the
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Journal of Lieut. James M. Hadden, Chief of the English Ar- tillery, during the Burgoyne Campaign, (Albany, 1884). In the preparation of this volume he consulted the various sources of information in the Dominion Library at Ottawa, Canada, and in other places, visited localities covered by the Burgoyne campaign, and made the work the most authoritative compila- tion from the English side relating to this episode in the American Revolution that had yet been brought out for the use of the historian or student.
The last volume which he published "Mary Dyer the Quaker Martyr," (Providence, 1896) was originally read before the Rhode Island Historical Society. Mary Dyer was an ancestress of his and this monograph was a most careful study of the character of this remarkable woman. He was also an occasional contributor to the Providence Journal and other periodicals. As an orator his services were frequently enlisted and he had taken part in several notable public occasions. He delivered the oration at the laying of the corner-stone of the City Hall, Providence, June 24, 1875, and that on the occa- sion of the dedication of the equestrian statue of Maj .- Gen. Ambrose E. Burnside in Providence, July 4, 1887, and the his- torical discourse before the Rhode Island Historical Society at the celebration of the one hundredth anniversary of Rhode Island's adoption of the Federal Constitution. His last and perhaps his most eloquent address was on what was designated Battle Flag Day, October 17, 1903, when the stained and tattered colors which were carried by the various regiments of Rhode Island during the days of the civil war were transferred from the old state house to the new.
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Ill health had forced him to retire from public life of which he had been a part so long, but surrounded by his old comrades-in-arms and these furled colors in the hands of some of those who had grasped them in the fury of battle, he seemed to be animated with the fire and spirit of earlier years, and his words were the most inspiring, patriotic and eloquent that he ever uttered; the former commander of one of the long term regiments whose record stood second to none, he would cer- tainly have been excused had he made specific mention of the regiments of which he was a part, but in all that address, no direct allusion was made to any particular organization ; there was honor and glory enough for all and no word or thought of criticism lingered in the minds of one of those old soldiers after that address had ended.
Upon retiring from the bench, he took an office in the Rhode Island Hospital Trust Company building more "to keep in touch with men and affairs," as he expressed it, than for any business purpose, he had been too long engaged in the active life of the city to withdraw entirely from these associa- tions of years. Continued ill-health finally caused him to give up his office and a serious illness kept him confined to the house and under the physician's care for many weeks. He rallied, however, from this illness, and, during the last few months of his life, spent several hours each day, when the weather was suitable, in the open air driving or walking. The day before his death he had taken this customary outing and returned to his home seemingly more refreshed and brighter than he had appeared for some time. Soon after nine o'clock he retired to his room for the night and a few minutes later
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