USA > Rhode Island > Providence County > Providence > Governors for three hundred years, 1638-1959; Rhode Island and Providence Plantations > Part 3
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ever, as if they, and every of them, were born within the realm of England. And further, know ye, that we, of our more abundant grace, certain knowledge, and mere motion, have given, grant- ed and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm, unto the said Governor and Company and their successors, all that part of our do- minions in New England, in America, contain- ing the Nahantick and Nanhyganset, alias Nar- ragansett Bay, and countries and parts adjacent, bounded on the west or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Paw- cawtuck river; and so along the said river, as the greater or middle stream thereof reacheth or lies up into the north country, northward, unto the head thereof, and from thence, by a straight line drawn due north, until it meets with the south line of the Massachusetts Colony: and on the north, or northerly, by the aforesaid south or southerly line of the Massachusetts Colony or Plantation, and extending towards the east, or eastwardly, three English miles, to the east and northeast of the most eastern and north- eastern parts of the aforesaid Narragansett Bay, as the said Bay lyeth or extendeth itself from the ocean on the south, or southwardly unto the mouth of the river which runneth towards the town of Providence, and from thence along the easterly side or bank of the said river (higher called by the name of Seacunck river) up to the falls called Patuckett falls, being the most west- wardly line of Plymouth Colony, and so from the said falls, in a straight line, due north, until it meet with the aforesaid line of the Massachu- setts Colony; and bounded on the south by the ocean; and, in particular, the lands belonging to the towns of Providence, Pawtuxet, Warwick, Misquammacok, alias Pawcatuck, and the rest upon the main land in the tract aforesaid, to- gether with Rhode Island, Block Island, and all the rest of the islands and banks in the Narra- gansett Bay, and bordering upon the coast of the tract aforesaid (Fisher's Island only except- ed) , together with all firm lands, soils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood grounds, rocks, slates, and all and singular other commodities, jurisdic- tions, royalties, privileges, franchises, prehem-
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inances, and hereditaments, whatsoever, within the said tract, bounds, lands and islands afore- said, or to them or any of them belonging, or in any wise appertaining; to have and to hold the same, unto the said Governor and Company, and their successors, forever, upon trust, for the use and benefit of themselves and their associates freemen of the said Colony, their heirs and as- signs, to be holden of us, our heirs and succes- sors, as of the Manor of East Greenwich, in our county of Kent, in free and common soccage, and not in capite, nor by knight service; yield- ing and paying therefor, to us, our heirs and suc- cessors, only the fifth part of all the ore or gold and silver which, from time to time, and at all times hereafter, shall be there gotten, had or ob- tained, in lieu and satisfaction of all services, duties, fines, forfeitures, made or to be made, claims and demands whatsoever, to be to us, our heirs or successors, therefor or thereout rendered, made or paid; any grant, or clause, in a late grant, to the Governor and Company of Con- necticut Colony, in America, to the contrary thereof in any wise notwithstanding; the afore- said Pawcatuck river having been yielded, after much debate, for the fixed and certain bound be- tween these our said Colonies by the agents thereof; who have also agreed, that the said Paw- catuck river shall be also called alias Norrogan- sett or Narrogansett river; and, to prevent future disputes, that otherwise might arise thereby forever hereafter shall be construed, deemed and taken to be the Narragansett river in our late grant to Connecticut Colony mentioned as the easterly bounds of that Col- ony. And further, our will and pleasure is, that in all matters of public controversy which may fall out between our Colony of Providence Plantations, and the rest of our Colonies, in New England, it shall and may be lawful to and for the Governor and Company of the said Colony of Providence Plantations to make their appeals therein to us, our heirs and successors, for redress in such cases, within this our realm of England:
and that it shall be lawful to and for the inhabi- tants of the said Colony of Providence Planta- tions, without let or molestation, to pass and repass, with freedom, into and through the rest of the English Colonies, upon their lawful and civil occasions, and to converse, and hold com- merce and trade, with such of the inhabitants of our other English Colonies as shall be willing to admit them thereunto, they behaving them- selves peaceably among them; any act, clause or sentence, in any of the said Colonies provided, or that shall be provided, to the contrary in any wise notwithstanding. And lastly, we do, for us, our heirs and successors, ordain and grant unto the said Governor and Company, and their suc- cessors, by these presents, that these our letters patent shall be firm, good, effectual and avail- able in all things in the law, to all intents, con- structions and purposes whatsoever, according to our true intent and meaning hereinbefore de- clared; and shall be construed, reputed and ad- judged in all cases most favorably on the behalf, and for the best benefit and behoof, of the said Governor and Company, and their successors; al- though express mention of the true yearly value or certainty of the premises, or any of them, or of any other gifts or grants, by us, or by any of our progenitors or predecessors, heretofore made to the said Governor and Company of the Eng- lish Colony of Rhode Island and Providence Plantations, in the Narragansett Bay, New Eng- land, in America, in these presents is not made or any statute, act, ordinance, provision, proc- lamation or restriction, heretofore had, made, enacted, ordained or provided, or any other mat- ter, cause or thing whatsoever, to the contrary thereof in any wise notwithstanding. In witness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, the eighth day of July, in the fifteenth year of our reign.
By the King HOWARD.
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An Interpretation of the Charter
Rhode Island received, in 1663, the charter that remained in force for one hundred and eighty years. This instrument of authority, granted by the then ruling sovereign of England, Charles II, was delivered into the hands of this Colony's representative, Dr. John Clarke, who had accompanied Roger Williams to England on Colony business, espe- cially for the purpose of securing a repeal of the communication that gave William Cod- dington authority to govern the islands of Rhode Island and Conanicut as a separate and independent colony. The Coddington commission was repealed; the four original towns of Providence, Warwick, Portsmouth and Newport were reunited; Roger Williams re- turned home, while his associate remained at the seat of power to complete, more fully, the purposes of their mission. This famous charter, granting a broad freedom to both the civil and religious government of Rhode Island, is carefully preserved in the State Capitol, and following is a brief abstract of its contents, presented in the form of a gen- eral interpretation of the document's original intents and purposes.
First of all, and without reference to the ponderous greetings usually included in the preamble of an official communication of those days, one observes that the king named Benjamin Arnold, William Brenton. William Coddington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuel Gorton, John Weeks, Roger Williams, Thomas Olney, Gregory Dexter, John Coggeshall, Joseph Clarke, Randall Holden, John Greene, John Roome, Samuel Wilbore, William Field, James Barker, Richard Tew, Thomas Harris and William Dyer in this royal grant of governmental power to all the purchasers and free inhabitants of the island called Rhode Island and of Providence Plantations in Narragansett Bay, in New England, in America. John Clarke was also mentioned in the charter's introduction as a "trusty and well-beloved subject" who had been entrusted with the important task of presenting his compatriots' petition to the king.
Study of the charter then reveals that its royal author then indulged in a bit of cu- rious flattery. The English subjects who had finally settled in the Narragansett lands be- cause they had found conditions unbearable, first in England and later in Massachusetts, were informed in sweet sounding complimentary terms, that they (the Rhode Island pe- titioners) had "transported themselves out of ... England into America by the consent and good encouragement of our (the King's) royal progenitors." First the Pilgrims, and later the Puritans, actually left England to escape religious persecution and to seek lib- erty of conscience, and the members of these "freedom-seeking" groups, especially those who finally rested in their wanderings on the shores of Narragansett Bay, would have had difficulty in recalling any great degree of "encouragement" given by any king previous to the historic journeys across the sea to the stern and rock-bound coast of New England. However, King Charles deserves no criticism for his natural attempt to qualify the acts and attitudes of his royal predecessors; whereas others holding supreme royal authority before Charles may have "encouraged" Puritan dissenters to depart from England for lands where they might be less troublesome, the ruling monarch, in 1663, proved his sincerity when he signed the charter that is being discussed. This document proved to be a source of lasting encouragement for its Rhode Island beneficiaries who stand as pio- neers in the cause of free, democratic government.
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Then followed a reference to the fact that these Rhode Islanders had left Massachu- setts because of religious differences and difficulties although the name of the Bay Colony was not specified. An early portion of the document mentioned the Indians in these parts and special reference was made to the lands, islands, rivers, harbors and roads which were "seized and possessed, by purchase and consent of the . . . natives." Very likely, John Clarke presented an accurate picture of the Colony to the author or authors of the char- ter because therein the Rhode Island and Providence Plantations were described as "very convenient, both for plantations, and also for building of ships, supply of pipe-staves, and other merchandise and which lie very commodious, in many respects, for commerce, and accommodate" the English plantations in the south, "and may much advance the trade of" the entire realm, "and greatly enlarge the territories thereof."
The most significant feature of this remarkable document came next in order, the section of weighty phrases that gave the citizens of Rhode Island unexpected privileges in respect to the worship of God. The subject was approached somewhat as follows: Since the residents of this Colony had declared that a most flourishing civil state may stand and best be maintained with a full liberty in religious concernments, and that true piety rightly grounded upon gospel principles will lay in the hearts of men the strongest obligations to true loyalty, the English authorities plainly indicated a willingness to en- courage such a hopeful undertaking of loyal subjects. Even though these colonists re- siding in America were still full-fledged English subjects, their individual rights were recognized since the charter relieved them of further adherence to the Church of Eng- land. No longer were the forms, ceremonies and liturgy of the English church to be forced upon Rhode Islanders, nor were they thereafter to be required to subscribe to the oaths and articles made and established in that behalf. And the qualifications of this startling concession are best explained by quoting the very words of the charter: "that our royal will and pleasure is, that no person within the said Colony, at any time here- after shall be any wise molested, punished, disquieted, or called in question, for any dif- ferences of opinion in matters of religion, and do not actually disturb the civil peace of our said colony; but that all and every person and persons may, from time to time, and at all times hereafter, freely and fully have his and their own judgments and consciences, in matters of religious concernments, throughout the tract of land hereafter mentioned, they behaving themselves peaceably and quietly, and not using this liberty to licentious- ness and profaneness, not to the civil injury and outward disturbances of others, any law, statute, or clause therein contained, or to be contained, usage or custom of this realm," . . .
Upon such a broad and liberal principle of complete religious freedom, the docu- ment went on to confirm the establishment of a political organization that guaranteed to all men, so desiring, full membership in a self-perpetuating body corporate and politic, to be thereafter styled "The Governor and Company of the English Colony of Rhode Is- land and Providence Plantations, in New England, in America." General civil rights, privileges and obligations were then specified, and it was declared that the affairs of the Colony should be governed by one Governor, one Deputy Governor, and ten assistants. Benedict Arnold was appointed as the chief executive and William Brenton, the Dep- uty. The names of ten assistants followed: William Boulston, John Porter, Roger Wil- liams, Thomas Olney, John Smith, John Greene, John Coggeshall, James Barker, Wil- liam Field, and Joseph Clarke. The creation of a governing body called the General
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Assembly was ordered, and authority was given this group of legislators to make, ordain, constitute or repeal laws, statutes, orders and ordinances. This General Assembly was authorized to appoint, direct, erect and settle such places and courts of jurisdiction, for the hearing and determining of all actions, cases, matters and things, happening within the said colony and plantation. Therefore, since the major part of the freemen elected representatives who in turn made the laws and authorized the administration of justice in courts and by appointed officers, a simple form of true American democracy was first established.
It is also interesting to note that the charter provided for the military defense of the commonwealth, and this point is covered in especially descriptive phrases. For example, properly commissioned military officers could assemble, exercise in arms, military array, and put in warlike posture, the inhabitants of the Colony, for their special defense and safety. These officers could lead and conduct the inhabitants and to encounter, expulse, expel and resist, by force of arms, as well as by sea as by land, and also to kill, slay and destroy, by all fittings, ways, enterprises and means, whatsoever, all and every such per- son or persons as shall, at any time hereafter, attempt or enterprise the destruction, in- vasion or detriment or annoyance of the inhabitants.
His Majesty seemed interested in fishing because the taking of whales in Rhode Is- land waters was encouraged as a profitable occupation; he spoke of the planting of vine- yards and observed that Rhode Island soil and climate seemed "naturally to concur to the production of wines." The boundaries of the Colony were carefully designated, and here it should be noted that Block Island was included as a part of the Colony. Rhode Island citizens were given the freedom of passing into and through the rest of the Eng- lish colonies and many other grants of rights and privileges were written into the lines of this all embracing royal document.
The instrument carried the signature "Howard," the same that appeared on the Connecticut charter, issued in 1662. Howard was probably the clerk of the reports in the Privy Seal Office at the time.
In a brief summary, we find that this charter, issued to Rhode Island by King Charles II in 1663, clearly defined the boundaries of the Colony; it confirmed the Indian deeds of lands; likewise it confirmed the estate of the freemen; it vested civil govern- ment in a truly democratic estate; a de facto government was established; law-making power was vested in an elective body styled the General Assembly; a judiciary was cre- ated for the determination of justice; a military force was ordained for defense; martial law was vested in the executive, and most important of all, freedom of worship and of conscience was made the basis of individual rights.
The foregoing is far from being a complete abstract or interpretation of the docu- ment, but since it is likely that very few persons have studied or even read it during the past century, in spite of its importance, this review may attract some to peruse its con- tents and discover other quaint features. Let it be remembered that the Colony of Rhode Island, with this broad platform of constitutional rights, stood the freest commonwealth in principle and practice on the face of the earth, and it remained in force for one hun- dred and eighty years.
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SETTLEMENT OF RHODE ISLAND
Motives of the same kind with those which are well known to have occasioned the settlement of most of the other United States, gave birth to the settlement of Rhode Is- land. The emigrants from England, who came to Massachusetts, though they did not perfectly agree in religious sentiments, had been tolerably united by their common zeal against the ceremonies of the church of England. But when they were removed from ecclesiastical courts, and possessed a charter allowing liberty of conscience, they fell into disputes and contentions among themselves. Of the principle of uniformity, the major- ity here were as fond as those from whose persecution they had fled.
The true grounds of religious liberty were not embraced at this time, nor understood by any sect. While all disclaimed persecution for the sake of conscience, a regard for the public peace, and the preservation of the church of Christ from infection, together with the obstinacy of the heretics, was urged in justification of that, which stripped of all its disguises, the light of nature, and the laws of Christ, in the most solemn manner condemn.
Mr. Roger Williams, a puritan minister, came over to New England in 1631, and settled at Salem, assistant to the Rev. Mr. Skelton. His settlement was opposed by the magistrates because he refused to join with the church, at Boston, unless they would make a public declaration, of their repentance for maintaining communion with the church of England, while in their native country. In consequence Mr. Williams removed to Plymouth, where he remained assistant to Mr. Smith three years, or as others say two, and others, not one; when he disagreed with some influential characters in that town, and by invitation returned to Salem and succeeded Mr. Skelton, who had lately deceased. His settlement was still opposed by the magistrates, who charged him with maintaining, "that it is not lawful for a godly man to have communion in family prayer, or in an oath, with such as they judge unregenerate;" therefore he refused the oath of fidelity, and taught others to follow his example; "that it is not lawful for an unregenerate man to pray; that the magistrate has nothing to do in matters of the first table; that there should be a general and unlimited toleration of all religions; that to punish a man for follow- ing the dictates of his conscience was persecution; that the patent which was granted by King Charles was invalid, and an instrument of injustice which they ought to renounce, being injurious to the nations, the king of England having no power to dispose of their lands to his own subjects." On account of these sentiments, and for refusing to join with the Massachusetts churches, he was at length banished from the colony, as a disturber of the peace of the church and commonwealth.
He left his house, wife, and children at Salem, in the dead of winter, and sought a residence within the limits of Massachusetts. Fortunately for Mr. Williams. he had cul- tivated an acquaintance with the Indians, and learned their language, and before he left the colony, he had privately treated with Canonicus and Osamaquin, two Narragansett sachems, for a tract of land within their territories, provided he should be under the ne- cessity of settling among them. These circumstances, together with the advice of Gov- ernor Winthrop, induced him, with four of his friends, after his banishment, to direct his course towards Narragansett bay.
He with his companions established themselves first at Secunk or Seekhonck, now Rehoboth. (1804) (1959 East Providence) But that place being within the bounds of
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Plymouth colony, governor Winslow, in a friendly manner, advised them to remove to the other side of the river, where the lands were not covered by any patent. Accordingly, in 1636, they crossed Seekhonck (Seekonk) river, and landed among the Indians, by whom they were hospitably received, and thus laid the foundation of a town, which, "from a sense of God's merciful providence to him in his distress," Mr. Williams called Providence. Here the little colony were soon after joined by a number of others, and though they were secured against the Indians by the terror of the English, yet, for a considerable time, they suffered much from fatigue and want but they enjoyed liberty of conscience, and the consolation of having "provided a refuge for persons persecuted for conscience sake."
Unhappy religious dissensions still prevailed in Massachusetts; and from a zeal for the purity of the faith, governor Winthrop strove to exterminate the opinions which he disapproved. For this purpose, on the 30th of August, 1637, a synod was convened at Newtown (now Cambridge) to whom eighty erroneous opinions were presented; these were debated and unanimously condemned. At a court holden at the same place, the following October, Wheelwright, Mrs. Hutchinson, and Underhill, the leading charac- ters who had embraced these errors, were banished, and several others were censured for seditious conduct. A number who had signed a seditious petition to the general court, in which they charge them with having condemned the truth of Christ, those, who re- fused to retract, were disarmed. Of these, fifty eight belonged to Boston, six to Salem, three to Newbury, five to Roxbury, two to Ipswich, and two to Charlestown.
The subsequent election of civil officers was carried by a party spirit excited by re- ligious controversy, but the orthodox party maintained the ascendency, and Mr. Win- throp was re-elected governor. Those who were banished by the court joined by a num- ber of their friends, left the colony, and went in quest of a new place for settlement. They first proceeded to Providence, where they were kindly received by Mr. Williams, and with whom they remained for some time.
In March, 1638, two sachems, by virtue of their authority, and in consideration of fifty fathoms of white beads, sold to Mr. Coddington (one of the most respectable of these exiles) and his associates, the great island of Aquidneck, and the other isles in Narra- gansett bay, except two which had been previously sold. The natives soon after agreed, upon receiving ten coats and twenty hoes, to remove before the next winter. The largest island was soon after called Rhode Island. Having thus acquired a title and possession on considerations which give satisfaction to the original owners, they here established them- selves and copying the conduct of their neighbours, they formed a similar association for the purposes of civil government. Though the numbers associated were few, yet the soil being fruitful, and the climate agreeable, many persons soon resorted where they found protection, and the island, in a few years, became so populous as to send out colo- nists to adjacent shores. The little colony elected Mr. Coddington their judge and chief magistrate. This gentleman came to America in 1630, and settled at Boston as a mer- chant. After his removal to Rhode Island, he embraced the sentiments of the Friends. and became the father of that denomination of Christians in that colony. Their yearly meeting was held in his house till his death, in 1688. Mr. John Clarke was another principal character among the exiles; for the sake of enjoying liberty of conscience. he voluntarily abandoned the colony of Massachusetts and settled in Rhode Island, where, in 1644, he founded a Baptist church.
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