History of Providence County, Rhode Island, Volume I, Part 5

Author: Bayles, Richard M. (Richard Mather), ed
Publication date: 1891
Publisher: New York, W. W. Preston
Number of Pages: 1036

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HISTORY OF PROVIDENCE COUNTY.

1660, agreed that their western bounds should be set 20 miles west of Fox's hill. The deeds which had then been obtained doubtless cov- ered the principal part of the territory now embraced within the county of Providence, except lands east of the Seekonk river which have since been annexed from Massachusetts. The line between the Providence purchase and the Pawtuxet purchase was for many years in dispute, and from 1660 onward for several years, committees were frequently appointed by the town to run it out to the 20 mile limits westward. The line remained in dispute for many years, litigation following, and an appeal to the king of England being twice made on behalf of the Pawtuxet proprietors, who claimed that they were being deprived by the town proprietors of the use of their lands. A jury of commissioners from Plymouth, Massachusetts, Connecticut and Rhode Island, appointed by direction of the king, heard the case and gave a verdict, which failed to make a satisfactory ending of the complication, as did a second appeal to the king, and his order to the magistrates to cause the judgment to be carried into effect. The execution of the judgment was obstructed by the different interpre- tations insisted upon by the opposing parties in regard to the lan- guage of the judgment itself. William Harris, the attorney of the Pawtuxet purchasers, started in January, 1680, on a third voyage to England to again petition the king. He was taken a prisioner on the way, by a Barbary corsair, and carried to Algiers, where he remained more than a year. Being finally ransomed he reached London, but died a few days after his arrival there. It does not appear that any steps were taken after the death of Mr. Harris in relation to the set- tlement of this controversy until 1682. Commissioners were in that year appointed to "end the difference" with Pawtuxet. Obstacles, however, continued to impede the progress of the business, so that it was not actually done until 1712, when an agreement was arrived at. and in May the line was run out as agreed upon, and bounds were set up, and the controversy was ended. In this settlement, however, the limits of the purchase were greatly reduced from those which had been conceded in former attempts at settlement of the line. In- stead of the tract running 20 miles westward it now ran only to the seven-mile line, to a point on that line half way between the south bounds of the purchase and the crossing of the Wanasquatucket by the line referred to.

The dividing line between Providence and Warwick, as far as ju- risdiction was concerned, was settled by the general assembly, in Oc- tober, 1696. As fixed by that body this line followed the north side of Pawtuxet river, from the junction of its northern and southern branches, to its mouth.

In 1707, a question arose between the Providence proprietors and the Westquanoid Company, in regard to title to lands, the latter com- pany claiming what the Providence men considered as within the

HISTORY OF PROVIDENCE COUNTY.

liberal and vague limits of their purchase. The Westquanoid Company claimed as far north as the north branch of the Pawtuxet, under a deed from the natives. An agreement was reached in October, 1708, that a line should be run due south from the center of Punhangan- sett pond to the Warwick line, and that a line crossing this at right angles and half way from one end to the other should be the dividing line between the two companies. This controversy, like that with Pawtuxet, had reference only to ownership. The jurisdiction of Providence was never questioned in either case. The right of juris- diction over all the land lying between Warwick on the south, Con- necticut on the west, Massachusetts on the north, and Pawtucket or Seekonk river on the east, was always admitted to be in Providence, and was called the township of Providence. Jurisdiction was also claimed over the land which constitutes the present town of Cumber- land, but this was denied, at first by Plymouth and afterward by Massachusetts, and was a matter of contention between the colonies until 1746, when it was settled by the king in council, and the juris- diction given to the colony of Rhode Island. Thus it will be seen that the present county of Providence is, with a few changes on the eastern border, the same as the original township of Providence.

Previous to the year 1718 the records of the town and of the pro- prietors of Providence were kept together and the distinction be- tween the two bodies was not sharply drawn. But the progress of the settlement then demanded more definite lines, and in the begin- ning of 1718 the proprietors chose a clerk of their own, and kept dis- tinct records of their own transactions separate from the town. This course was pursued from that time forward. The records of the pro- prietors are divided into two sets, one relating to land on the east, and the other to land on the west of a line called the "seven-mile line." This line was first established in 1660, when part of the proprietors held that their rights extended only thus far, while another part claimed, under various Indian titles and confirmations to the 20 mile limits. The "seven-mile line" ran due north and south seven miles westward of Fox's hill, now called Fox's point. It still remains, and is the dividing line between the towns of Smithfield, North Smith- field, Cranston and Johnston, on the east of it, and Burrillville, Glo- cester and Scituate on the west of it. It formed the western bound- ary of the early divisions of lands among the individual settlers.

The first division of the town of Providence into smaller juris- dictions was made in 1731. the people having petitioned the assem- bly, and that body having appointed committees to investigate and report. Three aditional towns were created, the act of incorporation describing them in language as follows.

"Be it therefore enacted by this General Assembly, and by the authority thereof it is enacted, that from Warwick township, eight miles and a half be measured on the seven-mile line (so called). in

HISTORY OF PROVIDENCE COUNTY.

said Providence, and a boundary there fixed; and from the said boundary, a line be drawn to Pawtucket river, to the place called the Ware, about half a mile northerly of Pawtucket Falls; and that for the time to come, the town of Providence extend no farther west and north than the aforesaid lines."

The description of Smithfield was as follows :- "all the rest of the aforesaid outlands, to the eastward of the aforesaid seven-mile line, and to the northward of the bounds of the town of Providence." The bounds of Scituate were "to begin at the northwest bounds of the town of Providence, at the bounds and monument there made and erected on the aforesaid seven-mile line; and from thence, to extend west six degrees and thirty minutes north, to Connecticut colony, and all the lands to the westward of the said town of Providence, and to the southward of the said dividing line, and to the northward of the town of Warwick, up to the colony line."

"And it is further enacted by the authority aforesaid, that the rest and residue of the aforesaid out-lands that lie to the westward of the aforesaid seven-mile line, and to the northward of the west line. drawn from the northwest corner of the town of Providence, and bounded north on the Province of the Massachusetts Bay, and west on the colony of Connecticut, be, and they are hereby erected and in- corporated a town, and called by the name of Glocester."

The act authorized the justices of the peace to call the inhabitants of each of the three new towns together to elect officers, and to ap- point the times and places of their town meetings. Each of the towns was also entitled to representation by two deputies in the gen- eral assembly.

The town of Cranston was formed from a part of Providence, in 1754. The petition for such a division of the territory recites that the town then had about 600 freeholders, and that the business was mostly done at the compact part of the town, which caused great in- convenience to those living in the remote parts. Hence the need of division. The new town comprised all that part of the former town of Providence "lying to the south ward of a line beginning at the head of the cove, called and known by the name of Hawkins's Cove; from thence a straight line to the bent of Pochasset River, a little to the northward of Charles Dyer's; and so to continue up said river, until it comes to the road that leads from the town of Providence to Plain- field; and thence westerly, up said road, until it comes to the Seven Mile line, that is the dividing line between the town of Providence and Scituate." On other sides Cranston was bounded, west by Scitu- ate, south by Warwick, and east by the Providence river. The town took its name from Samuel Cranston, who for many years was gover- nor of the colony.

A few years later a petition was presented to the general asseni- bly, setting forth that there were within the limits of Providence

HISTORY OF PROVIDENCE COUNTY.

"upwards of four hundred freemen, great part of whom live near ten miles from the place where the town meetings are usually holden and the prudential affairs of said town transacted." The petition set forth that business was hindered by crowding in the meetings, and asked that they be set off in a new town. The assembly thereupon established the town of Johnston, the line dividing it from Provi- dence being described as beginning on the southern bank of Wan- asquatucket river, whence it was to run "due north from the eastern- most part of a certain hill, called Solitary Hill; and extend due south from the said easternmost part of this said hill, unto the northern line of the town of Cranston." It was thus bounded on the south by Cranston, on the west by Scituate, on the north by Smithfield and on the east by Providence. On the north it followed the Smithfield line to the intersection of the Wanasquatucket river, "and thence east- wardly with the said river until it comes to the first mentioned bound." The town was named in honor of Augustus Johnston, who was at that time attorney general of the colony.

In 1765, 115 of the inhabitants living in the northern part of Prov- idence, petitioned to be set off into a town by the name of Wenscutt. Some opposition appeared to this project, and the matter was de- layed from the February session of the general assembly until June. The petition set forth that there were "upwards of four hundred free- men" in the town of Providence; that those living in the compact part were mostly merchants and tradesmen, and that those living in the remote part of the town were mostly farmers, and had interests not in common with those of the compact part. The new town was then established by act of the general assembly, but its name was North Providence instead of Wenscutt. This was the northern part of the town, and its bounds were to "begin at the new bridge, near to the hill called Solitary Hill; thence bounding on Wanasquatucket River, until it comes to the northwest corner of the town's land, at the east end of a place called Forestack Meadow; thence easterly on a straight line to the middle of the mill bridge; thence on a due east line until it comes to Seaconck River, so called; thence northerly. bounding on said Seaconck River until it comes to Smithfield line; thence bounding by Smithfield line until it comes to Johnston line; and thence, bounding westerly by Johnston line until it comes to the aforesaid Solitary llill." The bounds of the town were not satisfac- tory to some of the people living near the compact part of the former town, and in June, 1767, in compliance with their petition the assem- bly passed an act by which a part of the new town was annexed again to Providence. This part was bounded "by a straight line, beginning at the southerly end of the meadow called Four Stack Meadow, to the northwest corner of the burying land; and then easterly and south- erly by said burying ground, as by the plat thereof, until it comes to the lane called Herrington's Lane; then easterly by the north side of

IIISTORY OF PROVIDENCE COUNTY.

said lane till it meets with the southwest corner of the land of Joseph Olney; then crossing said lane, due south, until it comes to the south side of said lane, then extending easterly, as said lane runs, bounding northerly by said lane until it comes to the dividing line between the lands of William Brown and Phineas Brown; and then by said line easterly to Seaconck River."

The next town in order of time was Foster. This town was formed of the western part of Scituate, in August, 1781. The act of incorporation directed that the dividing line between the proposed town of Foster and Scituate should begin at the middle of the line between Scituate and Coventry, and run thence northerly in a course parallel with the Seven Mile line to the north line of the old town of Scituate, thus dividing it in two nearly equal parts. The assembly appointed a committee to fix definitely the boundary of Foster. The committee completed their work on the 18th of September, describ- ing the southeast corner of Foster, "a rock split in two parts, with a heap of stones on it, which is about sixteen poles east upon the abovesaid line from the northwest corner of Ephraim Westcot's home- stead farm in Coventry, and bears north fourteen degrees west from the middle of the chimney of the said Ephraim Westcot's small dwel- ling house about twenty-five poles." The north end of the line was a point "four rods and twenty links east on Glocester line, from a small, sharpish rock at the point of the upland." The name of the new town is supposed to have been given in honor of Theodore Foster, who was one of the senators of Rhode Island in congress. The name of the old town was given in memory of the town in Massachusetts, whence some of the settlers here had come.

In 1806 the town of Glocester, which had been named from the Duke of Glocester, was divided by a line from east to west through the middle of the town. The northern half was incorporated as the town of Burrillville, October 29th, 1806. The name was given out of re- spect to Hon. James Burrill, who had been attorney general, and was afterward chief justice of the state, and senator in congress. The first authorized meeting of the town was November 17th, 1806.

The town of Cumberland was annexed to Rhode Island by the de- cision of the king in council, January 27th, 1747, new style. At that time four other towns were annexed to the colony, from Massachu- setts, viz: Little Compton, Tiverton, Warren and Bristol. Previous to this time Cumberland had been known as Attleboro' Gore. It was named in honor of William, Duke of Cumberland. A part of its territory was incorporated as the town of Woonsocket, January 31st, 1867.

The town of Pawtucket, originally a part of Seekonk, in Massa- chusetts, was incorporated March 1st, 1828. In the settlement of the boundary question between the two states, this town, with the excep- tion of a small part lying east of Seven Mile river, was annexed to Rhode Island, March 1st, 1862. At the same date the westerly part

HISTORY OF PROVIDENCE COUNTY.

of Seekonk was annexed to Rhode Island and incorporated as the town of East Providence, and on the other hand Fall River, not in this county, was annexed to Massachusetts.

We have now noticed the acquirement of all the territory of Prov- idence county, as well as the division of the principal part into towns as they exist at the present time. Some later divisions and altera- tions in town boundaries have been made, which we will briefly no- tice. March 8th, 1871, the town of Smithfield was divided into four parts. A small part at the northeastern corner was annexed to Woonsocket; the northwestern part was incorporated as the town of Slater, which on the 24th was changed to North Smithfield; the east- ern part was incorporated as the town of Lincoln, in honor of the martyr president; while the southwest part retained the name of the old town. A small part of North Providence was re-united to Prov- idence, June 29th, 1767, and again another part March 28th, 1873. Still another part was annexed to the city of Providence, making the Tenth ward, May 1st, 1874. At the same time the eastern part of the town was annexed to Pawtucket, leaving but a small part in the old town. Parts of the town of Cranston have been added to the city of Providence June 10th, 1868, and March 28th, 1873.

For many years after the settlement of the colony, no county or- ganizations were made. At the June session of the general assembly in 1729, the colony was divided into three counties, respectively named Newport, Providence and King's. The county of Providence included the towns of Providence, Warwick and East Greenwich. Previous to this some regard to county jurisdiction had been obtained by common consent, two counties only being recognized, which grew out of the governments included in the colony. The insular portion was called the county of Rhode Island, and the mainland section was called the county of Providence. Existing records show that this division was recognized as early as 1703. In that year the assembly ordered that the courts of common pleas in the latter county should rotate between Providence, Warwick, Kingstown and Westerly. On the annexation of the five towns previously spoken of. January 27th, 1747, Cumberland was included in Providence county. By an act of the general assembly passed in June, 1750, the southern part of the county was organized into a separate county by the name of Kent, having the same towns within it as it does at the present time. In the year 1765, an act was passed dividing the state into five counties. This aet was merely a re-enactment or confirmation of the acts al- ready passed at different times, and made no changes in the organiza- tion of the different counties. From that time to the present no changes have been made in the territorial limits of Providence county, except the addition of East Providence and Pawtucket in 1862, men- tion of which has already been made. The progressive history of the county is but the history of the several towns which compose it, details of which will be given in subsequent chapters.

CHAPTER III.

THE BENCH AND BAR.

Establishment of Courts .- Successive Court Houses .- Practitioners in the early Courts. -Early Bar Compact .- Prominent Lawyers of a Half Century ago .- Their Loca- tion and Habits .- Some Woonsocket Lawyers .- Prominent Men of the last Genera- tion .- Lawyers of the Present Time.

T HE first establishment of any organized court was under the charter of 1644. This was called the general court of trials. It had jurisdiction over the whole colony, as the counties had not then been organized. This court was composed of the president and assistants. They had jurisdiction over all aggravated offenses, and in such matters as should be by the town courts referred to them as too weighty for themselves to determine, and also of all disputes between different towns, or between citizens of different towns and strangers. They had two sessions in each year. All questions of fact were determined by a jury of twelve men. The town courts had exclusive original jurisdiction over all causes between their own citi- zens. The president was the conservator of the peace throughout the colony, and the assistants were charged with the same duties in their respective towns.

Under the revised charter of 1663 the courts were appointed to be held annually, one at Providence in September, and one at Warwick in March. In these courts of trials at least three assistants and a jury of twelve men, selected equally from each town, should be pres- ent. An appeal could be taken from these to the general courts. Special courts might also be called at the request and expense of any person, with the sanction of the governor or deputy governor. In the apportionment of grand and petty jurors, Newport was to furnish five of each, Portsmouth three, and Providence and Warwick two each. In the apportionment of state magistrates, that is the gov- ernor, deputy governor and ten assistants, five were to be inhabitants of Newport, three of Providence, and two each of Portsmouth and Warwick.

In 1703 the colony appears to have been divided into two coun- ties. These were Providence Plantations and Rhode Island. The first embraced all the towns on the mainland and the second the island towns. Inferior courts were established at the same time, to be holden in each county. That within the county of Providence

HISTORY OF PROVIDENCE COUNTY.

Plantations was held twice each year, at Providence, Warwick, Kings- town and Westerly by turns. In 1729 the county of Providence was divided and what is now Washington county set off; and again. in 1750. it was still further reduced in size by the formation of the pres- ent county of Kent.

In 1729 a court house was ordered to be erected in each of the counties. The court house for this county was built on land formerly belonging to William Page, on Meeting street. It was completed in 1731, at a cost of £665. It was destroyed by fire, on the evening of December 24th, 1758. A new court house was soon afterward begun, and was completed about 1762. This still stands, having been used as court house and state house, in which latter use it is still em- ployed. The present elegant court house was completed in 1877. being dedicated on the 18th of December of that year.

Of the lives of those who were prominent in the history of the early courts we know but little. Diligent enquiry and research has indeed failed to bring to light but few facts. Whatever was brilliant or splendid in the scenes in which they took part passed off with the occasion that produced it. If they were eminent in their profession, others have since existed, who to observers were probably as emi- nent, if not more so. Speeches were not then reported, and but few are now preserved. Natural geniuses doubtless existed then, as well as now, but like brilliant meteors, they dazzled, delighted their audi- ences for a time, and then faded away. Perhaps more native talent went into the profession at an early period than now, in proportion to numbers, for native strength and intellect were then more neces- sary to sustain the advocate. He was not assisted by other sciences, nor could he be supported or helped along by reports and authorities, as lawyers are at the present time. Their labor of thinking, and of mental origination, was not diminished by the rich productions ema- nating from learned brethren, emulous of fame, as is the case with members of the profession at the present time. The most eminent and successful then relied more upon intense mental application than upon books and precedents. They habituated themselves to the most rigid study, and thought intensely upon the cases before them. Those who were gifted with strong native intellects, and with nerve and constitution enough to bear up under such labor, succeeded, while those who were deficient in these sturdy attributes flagged in their course. The mode of arguing causes then partook much more of the narrative character than at the present day. The advocate before the jury gave minutely the history of the case, and the character of the parties, and freely used familiar anecdote and popular illustration. Appeals to the passions of jurors were the most powerful engines of success. When satire or anger was kindled against an adversary it was a consuming fire. If a client had been unfortunate or oppressed, the chord of sympathy was touched to tears. The principal business

HISTORY OF PROVIDENCE COUNTY.

of the court was to see fair play, and the judge, who sat to listen rather than to direct, was fortunate if by his silence he escaped un- wounded in the conflict of the legal gladiators. But at the same time the lawyers of that day, except when circumstances called out such sturdy efforts, were highly dignified and courteous in their manners at the bar. In later years the pungent severity of the ancient prac- tice has undergone a commendable relaxation.

One of the earliest evidences of the association of lawyers at the bar of this state exists in the Bar Compact of 1745, which we copy below:

"We the subscribers, considering that the law has made no dis- tinction in fees between common, uncontroverted cases and those that are difficult in managing; do for that end, and for regulating our practice in the law, and rendering the same sufficient for our support and subsistence, agree to the following rules, to be strictly kept up by us, upon honor.

" I. No cause at any inferior court, where an answer is filed, shall be undertaken under forty shillings for a fee, or more.

"II. No answer shall be filed under a forty shilling fee, besides payment of the charge of copies, &c.

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History of Providence County, Rhode Island, Volume I, Part 5

Author: Bayles, Richard M. (Richard Mather), ed Publication date: 1891 Publisher: New York, W. W. Preston Number of Pages: 1036

Author: Bayles, Richard M. (Richard Mather), ed
Publication date: 1891
Publisher: New York, W. W. Preston
Number of Pages: 1036