USA > Rhode Island > Newport County > History of Newport County, Rhode Island. From the year 1638 to the year 1887, including the settlement of its towns, and their subsequent progress > Part 4
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HISTORY OF NEWPORT COUNTY.
of their offices was one year. A more full establishment of the government was effected at a general court of the two towns held on the 6th of May following. Among the acts passed at that time the following are some of the most interesting :
" 13. Whereas, it was desired that all the orders and Laws formerlie recorded in this Book of State should be openlie read, perused and examined by this present Courte assembled ; Be it known, therefore, that it hath been so done; and such as were disallowed are repealed, and so noted in the Margent, and the rest are ratified, and stand in full force, though the title of the Magistrates be altered.
"14. In regard to the many Incursions our Island is subject unto, and that an Alarum be necessary for the safe securing thereof ; Be it therefore enacted, that in each plantation there bee this forme dnlie observed. That as soon as a notice is given of any probable Incursion, that then forthwith Three Musketts be distinctly discharged, and the Drum or Drummers inces- santly to beat an Alarum ; and that forthwith each Man bearing armes shall repair to the coulers, which shall be lodged at ye Chief Magistrates House in each Plantation, as he will answer it at his perill.
"15. It is ordered, that the Governonr with the Assistants shall write to Plymouth about their Title of the Maine Land Grass.
"16. It is ordered, that all such who shall have a House lott granted unto them within any of our Townes, shall build a House thereon within a year after the Grant thereof, or else it shall be forfeited to the Townes use. Repealed.
"17. It is ordered, that Commission be directed to the Treas- urers to make demands of all such monies as are due to the Treasury for the Lands assigned forth to particular men, and to make return of all such who shall be therein remiss, at the next partienlar Conrte who are to be ordered thereby according to Law.
" 18. It is ordered, that the particular Courts, consisting of Magistrates and Jurors shall be holden on the first Tuesday of each month ; and one Courte to be held at Nieuport, the other at Portsmouth ; and that the sayd Court shall have full powre to Judge and determine all such cases and actions as shall be presented."
August 6th, 1640, the general court passed further enact-
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HISTORY OF NEWPORT COUNTY.
ments requiring that all men liable to bear arms should appear completely armed with musket and pike and all their " furni- ture," at the places respectively designated, "by Eight of the clock in the morning, at the second beat of the Drum, on such dayes as they are appointed to Traine ; " that "eight severall times in the yeare the Bands of each Plantation shall openlie in the field be exercised and disciplined by their Commanders and Officers : " that there should be two general musters an- nnally, one in Newport and one in Portsmonth : that a fine of five shillings should be paid by any delinquent : that a fine of twelve pence should be paid for every failure to come properly equipped : that when a general muster should be held in one town a sufficient guard should be set in the other town : that all men remaining twenty days or longer upon the island should be liable to do duty in the training bands : that herdsmen and lightermen detained by their employments should be excused for absence on training days on payment of half the fine : that the two chief officers of each town-one of the commonwealth and the other of the band-should judge the validity of all ex- cuses of this kind : that each town should have the transaction of its own local affairs, the magistrates of each having liberty to call a court on the first Tuesday of each month, wherein actions might be entered, juries impaneled and causes tried (but they were to have no jurisdiction over cases involving "life and limb,") and whence appeals might be taken to the quarter sessions : and that the two general courts of the year should be held on the first Wednesday after the 12th of March and 12th of October respectively. The time of holding the quarter sessions was subsequently fixed on the Tuesdays pre- ceding the general court days, and on the first Tuesdays in Jan- mary and July.
The Indian question is a perplexing one even to this great nation, with all its advancement, its great wealth, its sixty million people and its territory expanding from ocean to ocean. Of how much more pressing importance and grave perplexity must it have been to the handful of inhabitants of this little island who composed the government whose history we are re- viewing. Governor Coddington and his assistants, on the 7th of July, 1640, entered into a treaty with Miantonomi and his associates, sachems of the Narragansett Indians, as follows :
" That no Indian whatever, under his jurisdiction shall eyther
27
ILSTORY OF NEWPORT COUNTY.
Winter or Summer, kindle or cause to be kindled any fires upon our Lands, but such as they shall put forth immediately again upon their departure ; Provided, that no hurt or damage be done thereby upon or after the kindling of the said fire ; or if it so fall ont. that hurt or damage be done by their kindling of fire, then ye damage to be adjudged and they to be tryed by our Law.
" That in lieu of a Boore yt belonged to the Island, killed by an Indian, the said Indian shall pay ten fadome of beads at harvest next.
" That no trapp or Engine be sett by them upon the Island, to take or stroye the deare or other cattle thereon.
" That if any Indian shall be unruly, or will not depart our houses when they are bidden, they are to carry them to the Governour or other Magistrate, and they shall be punished ac- cording to their demerit. And further, that for any common or small crime he shall receive his punishment according to Law; and for any matters of greater weight exceeding the value of ten fadome of beads, then Miantonomy is to be sent for, who is to come and see the Tryal. But if it be a Sachem that hath offended, though in smaller matters, then he is also to be sent for, and to see his tryall and Judgment, who hath promised to come.
" That no Indian shall take any Cannew from the English, neyther from their Boatside or shoreside, and the like not to be done by them.
" That upon their trading and bargaining, having agreed. they shall not revoke the said bargaine or take their goods away by force, and that they shall not be Idling about nor resort to our honses, but for trade, Message, or in their Journeys."
As improvements were made and the need of more definite- ness in boundaries of estates appeared, the dividing line be- tween the two towns was established. The act of the general court by which this was done bears date September 14th, 1640, and its language is as follows :
"It is agreed and ordered, by the unanimous consent of this Courte, that a line of division be drawn between the Townes of Newport and Portsmouth, as the bounds of the Lands of each Towne, Vidg't.
" The s'd Line to begin half a mile beyond the River com- monlie called Sachnis River, being the River that lies next be-
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HISTORY OF NEWPORT COUNTY.
yond Mr. Brenton's Land on the Sonth East side of the Island towards Portsmouth, and so on in a straight line to run to the nearest part of the Brook to the hunting Wigwamm, now standing in the highway between the two Towns, and so by that line to the sea on the North side of the Island, which line shall be and is the Bounds between the Two Townes, and to be sett out by marked Trees ; And that Mr. Easton and Mr. Porter, and Mr. Jeffreys and Mr. Sanford shall lay out this Line by the first of November ensuing.'
The two towns now carried on a sort of government in con- federation. The assembly of the people was called the general conrt. Notwithstanding the generally peaceable relations with the Indians, which had been established. the people were not entirely at ease about their safety. Military regulations were not neglected. On the 14th of September the general court passed the following order in respect to their defenses :
" It was further ordered, that Two Barrels of Gunn Powder be alwaye readie in the Treasury of each Towne, with Bulletts and match : and that provision be forthwith hereof made by the Treasurers; and that also the 'Treasurers shall provide Thirty two pikes to lye by alway in readiness in the Magazines of each Towne."
The character of the government, which then consisted of the two towns, Portsmouth and Newport, was defined more speci- fically than it had previously been, at a meeting of the people in general court in March, 1641. The expression of that senti- ment was made in the following form of language :
"It is ordered and unanimously agreed upon, that the Gov- ernment which this Bodie Politick doth attend unto in this Is- land, and the jurisdiction thereof, in favor of our Prince, is a DEMOCRACIE, of Popular Government ; that is to say, It is the Powre of the Body of Freemen orderly assembled, or the major part of them, to make or constitute Just Lawes, by which they will be regulated, and to depnte from among themselves such Ministers as shall see them faithfully executed between Man and Man."
"It was further ordered, by the authority of this present Courte, that none be accounted a delinquent for Doctrine : Provided, it be not directly repugnant to ye Government or Lawes established."
The last order was subsequently ratified by the same court at
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HISTORY OF NEWPORT COUNTY.
another meeting. Other regulations of importance were passed at the date last mentioned, some of which are of interest suf- ficient to warrant their reproduction here.
" It is ordered, that no Fiers shall be kindled by any what- soever to runn at randome, eyther in Medows or Woods ; but what by him that so kindled it shall forthwith be put out, that it damnifie none. And that if damage shall accrew, satisfaction to the utmost shall be awarded."
"It is ordered, that a Manual Seale shall be provided for the State, and that the Signett or Engraving thereof, shall be a sheafe of Arrows bound up, and in the Lies or Bond, this motto indented : Amor vincet omnia."
" It was then ordered, that a Line be drawen and a way be cleared between the Townes of Nuport and Portsmouth by re- moving of the wood and mowing it ; that drift Cattle may suf- ficiently pass."
General courts of election were held annually in March ; they usually occupied two or three days. At this time officers for the coming year were elected, necessary regulations made and the trial of such individual cases as were brought before them attended to. Other general courts were held in September. At the latter court for 1641 setting of traps for deer was forbidden under a penalty of five pounds, except within private enclosed grounds. Indians were at the same time forbidden to peel the bark off from trees or to fall them. The following curious and interesting acts were passed at the same session.
"It is ordered, that Mr. Robert Jeoffreys shall be anthorized to exercise the function of Chirurgerie."
" It is ordered, that the Indian Corne shall goe at four shil- lings a bnshell between man and man in all Payments for debts made from this day forward : Provided it be Merchantable."
" The Court doth order and Proclayme a General Pardon of all offences that have been presented to and given in this Present Sessions."
Notwithstanding the liberality of this government, the char- acter and conduct of its citizens were closely investigated, and when they were found to deviate from the popular standard they were promptly dealt with. This will be best shown by quoting from the records of the general court. In March, 1642. we find the following :
" It is ordered, that Richard Carder, Randall Holden, Samp-
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HISTORY OF NEWPORT COUNTY.
son Shatton and Robert Potter, are disfranchised of the Priv- iledges and Prerogatives belonging to the Body of this State, and that their names be cancelled out of the record.
"It is further ordered, that George Parker and John Briggs are suspended their votes till they have given satisfaction for their offences.
" It is further ordered, that Mr. Lenthall being gone for Eng- land, is suspended his vote in Election."
What the offenses charged against these men were does not fully appear in the record, but other evidences show that in the case of those mentioned in the first paragraph at least they were of a political character, viz .: that of denying the right of the people here to exercise the functions of a state as they were doing. There were men among the early settlers who held that English subjects had no right to organize a government of their own, as the settlers of several towns had done, and as those of Portsmouth and Newport were doing. These men claimed that no government conld lawfully be erected here without the con- sent and anthority of the crown. They opposed the idea of the democracy which the people of Aquidneck had declared their government to be. Such appear to have been the views held by the company of men who made the settlement of War- wick, and such were the views of the live men-Holden, Weeks, Carder, Shatton and Potter-who were disfranchised here, as shown in the above paragraph. The degree of bitterness to which this controversy arose is suggested by a subsequent act of the general court to the effect that should those men "come upon the Island armed they shall be by the Constable (calling him sufficiently aside) disarm'd and carried before the Magis- trate, and there find sureties for their good behaviour ; and fur- ther be it established, that if that course shall not regulate them or any of them, then a further dew and lawfull course by the Magistrates shall be taken in their Sessions : Provided, that this order hinder not the course of Law already begun with J. Weeks."
These men joined with others holding similar views, and in January, 1642-3, founded the settlement of Warwick, upon the site called by the Indians Shawomet. The Indian deed from Miantonomi to that company, in which those names among others appear, bore date January 12th, 1642. The leading spirit in the founding of that plantation was one Samuel Gorton, one
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HISTORY OF NEWPORT COUNTY.
of those restless, pushing men, who thought for themselves, and had determination sufficient to prompt them to carry out their ideas, even in the face of violent opposition. Gorton denied the right of all government here that had not for its foundation the anthority of the crown of England. As a con- sequence he denied the right of the colonies of either Aquid- neck or Providence to exercise any of the functions of govern- ment. This brought him into collision with the magistrates here, and he was banished from the island. He then disturbed the peace of Providence by his teachings, and finally withdrew with his followers and founded the plantation of Warwick. Greene, in his history of Rhode Island continues this subject in regard to him in the following words :
" This brought him into open hostility with Massachusetts, which having already east longing eyes upon the commercial advantages of Narragansett Bay, was secretly endeavouring to establish a claim to all the land on its shores. Hostile words were soon followed by hostile acts. Gorton and his companions were besieged in their house by an armed band, compelled to surrender, carried by force to Massachusetts, tried for heresy, and barely escaping the gibbet, condemned to imprisonment and irons. A reaction soon followed. Publie sentiment came to their relief. They were banished indeed from Massachusetts, but they were set at liberty and allowed to return to Rhode Island. At Aquidneck they were received with the sympathy which generous natures ever feel for the victims of persecution, and Gorton was raised to an honorable magistraey in the very colony wherein he had been openly whipped as a disturber of the public peace."
The ideas of the Warwick men seemed to gain some root in the minds of others. Whilst the people of Aquidneck may not have questioned the lawfulness of their government, however, they shortly began to see the expediency of being founded on a charter from the crown. Accordingly the general court in September, 1642. appointed a committee, consisting of the gov- ernor, deputy, four assistants, secretary, and three others, viz., Capt. Jeoffreys, Capt. Harding and Mr. John Clarke, to con- sult about procuring a patent for this island and the neighbor- ing islands and lands adjacent. The committee were directed to address Sir Henry Vane on the subject, and to send a man on the proposed errand with petitions for its accomplishment,
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HISTORY OF NEWPORT COUNTY.
at the expense of " the Body." How far this project was pushed we do not know, but it was undoubtedly merged in the more comprehensive plan of securing a patent for the other set- tlements of Providence and Warwick in connection with those of this island, which was accomplished during the following year.
Before leaving the history of that interesting period when Aquidneck was an independent state, let us notice briefly a few more of the customs and regulations of the time. Training was kept up with enforced regularity, and rules were annually made concerning the practice of military exercise. Training days were appointed on the first Monday of every month ex- cept January, February, May and Angust. Wolves had be- come troublesome, and in order to exterminate them various means were used. Men were employed by the day to range the woods and hunt them down. A premium of thirty shillings each was offered for destroying them, in addition to the pay for time employed in hunting them. It appears to have been a custom with the state to furnish at public expense dinners for those who were in attendance at the general court sessions. This was soon regarded as a needless burden upon the public treasury, and in the year 1642 the custom was abolished. At this time great precautions were taken to prevent damage being done by the Indians by way of personal attacks as well as upon property, by withholding as much as possible the means of destruction from the hands of the Indians. To furnish any In- dian who was offensive to the state with warlike weapons or ammunition was prohibited under penalty of two pounds for the first offense and five pounds for the second offense. The pay of jurors was fixed in 1642 at twelve pence each for every cause upon which they sat. September 19th Roger Williams was commissioned to agree with Miantonomi for the destruction of wolves on the island, but it was specified that they should " in no way damnifie the English." At the same time the gov- ernor and his deputy were authorized to make a treaty of commercial exchange with the Dutch.
March 13th, 1644, the name of the island was changed by the following act of the general court :
" It is ordered by this Court, that the ysland commonly called Aquethneck, shall be from henceforth called the Isle of Rhodes, or RHODE ISLAND."
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HISTORY OF NEWPORT COUNTY.
The patent for the Providence Plantations bears date March 14th. 1643-4. It gave to the inhabitants of the towns of Provi- dence, Portsmonth and Newport, a "free and absolute Charter of Incorporation, to be known by the name of the Incorpora- tion of Providence Plantations in the Narragansett-Bay, in New England .- Together with full Power and Authority to rule themselves, and sneh others as shall hereafter inhabit within any Part of the said Tract of land, by such a Form of Civil Government, as by voluntary consent of all, or the greater Part of them, they shall find most suitable to their Estete and Condition."
At a meeting of the major part of the freemen of the colony at Portsmouth May 19th, 20th and 21st. 1647, unanimons agree- ment and consent was made to the charter, and it was agreed also that Warwick should have the same privileges under the charter as were enjoyed by Providence. Laws were adopted similar in general tone to those which had previously been in force under the union of the two towns of Portsmouth and New- port, but very much more full and extending to many other subjects. An order was at this time passed that the seal of the province should be an anchor, which design in general is still preserved on the seal of the state. The moderator of this meet ing was JJohn Coggeshall. Among other enactments then passed was the following :
"It is agreed by this present Assembly thus incorporate and by this present act declared, that the form of Government es- tablished in Providence Plantations is Democratical ; that is to say Government held by ye free and voluntairie consent of all or the greater part of the free Inhabitants."
The first officers then elected were: John Coggeshall, presi- dent : William Dyre, recorder ; Jeremy Clarke, treasurer ; and Roger Williams, John Sanford, William Coddington and Ran- dall Holden, assistants. The latter represented the four towns of Providence, Portsmonth, Newport and Warwick. The island was then the principal part of the colony, as may be seen from the assessment on the different parts of the colony to pay the expense incurred by Roger Williams in obtaining the patent. Of the one hundred pounds which was raised for this purpose fifty was levied on Newport, thirty on Portsmouth, twenty on Providence, and nothing was exacted of Warwick, doubtless out of regard for the weak condition of that settle-
3
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HISTORY OF NEWPORT COUNTY.
ment and the fact that it was not embraced specifically in the charter.
The government of the colony was, however, far from being settled on an established and firm basis. The jealousy of Massa- chusetts and her desire to absorb the little colony on the one hand, and the fear of Indian invasion on the other, furnished continual occasions for nurest to the people, while to still further complicate their position William Coddington in 1651 obtained from England a commission appointing him governor for life over the colony of Rhode Island, and Connecticut as well. This virtually opened a new form of government and for the time superseded the charter. The govornor was to be as- sisted by a council of six.
The towns of Aquidneck island now sent JJohn Clarke, their agent, to England, to secure if possible the annulment of Cod- dington's commission. At the same time the mainland towns sent Roger Williams to England to secure the confirmation of the charter.
The general court of Providence Plantations November 4th, 1651, passed the following resolution, which hints at the con- dition of things at the time :
" Whereas, it is evident and apparent that Mr. Nicholas Eas- ton being formerly chosen President of the Province of Provi- dence Plantations, hath of late deserted his office, and hee, to- gether with the two Townes upon Rhode Island, viz, Ports- month and Newport, have declined and fallen off from that es- tablished order of civill government and incorporation amongst us, by means of a commission presented upon the sayd island by Mr. William Coddington, Wee, the rest of the Townes of the sayd jurisdiction, are thereupon constrained to declare our- selves, that wee doe professe ourselves unanimously to stand im - bodyyed and incorporated as before, by virtue of our Charter, granted unto us by that Honorable State of Ould England, and thereby do according to our legall and settled order, choose and appoint our officers, institute lawes, accordinge to the con- stitution of the place and capassitie of our present condition, prosecutinge, actinge and executing, in all matters and causes, for the doinge of justice, preservation of our peace, and main- taininge of all civill rights between man and man, accordinge to the Honourable authoritie and true intent of our forsayed Charter granted unto us."
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HISTORY OF NEWPORT COUNTY.
The people at this time seemed rather desirons of courting the favor of the English crown, for the reason perhaps more emphatically than they might otherwise have felt, that the con- dition of affairs in their new home was not at all satisfactory, and the prospect of maintaining here a government of any kind seemed enveloped in darkness, and the only source from which they could expect help was from the crown. The following act, passed in 1650, exhibits this desire to appear jealous of the honor of the crown.
"Be it enacted by this present Assemblie, that whosoever shall speake wordes of disgrace contemptuously undervaluing of that Honored State of England, he shall suffer a severe pun- ishment according to the judgment of his peers, theare fault being proved by two lawfull witnesses."
The general court of 1650 ordered that a committee of six men from each town should meet four days before the meeting of the next general court, and be invested with the authority of the full court. They were to be paid by the town that should send them two shillings and six pence a day for each man. The plan of representation seems to have worked satisfactorily, as at the next meeting of the assembly, October 26th. 1650, the following record was made :
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