USA > Rhode Island > Providence County > Providence > History of the state of Rhode Island and Providence plantations, Vol. I > Part 22
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At length a reunion was effected. A full Court of Commissioners, six from each town, assembled at War- wick. Articles of agreement, settling the terms of reun- ion, were signed by the whole Court. It was agreed that all acts of the separate Assemblies from the time of the division should remain to the account of the towns, and of the persons taking part in those acts ; that the colony should procced under authority of the charter ; and that the General Assembly for all public affairs, except elec- tions, should be composed of six members from each town. Thus ended this most dangerous period of disunion, that had lasted for three years, of which the first half was owing to the ambition of Coddington, and the last to the local jealousies of the towns, and to the refractory spirit of individuals. After this happy consummation the Court continued in session two days. They re-established the code of 1647, forbade the sale of liquor to the Indians, and prohibited the French and Dutch from trading with
1 This extremely interesting letter is given in Knowles, 261-4.
1654. July 12.
Aug. 27.
31.
Sept. 1.
252
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. VIII. 1654. Sept. 1.
them. The care of the colony to avoid all legislation that could in any way affect the rights of conscience, is con- spicuous in the action taken upon " several complaints exhibited to this Assembly against ye incivilitie of persons exercised upon ye first day of ye weeke, which is offensive to divers amongst us." They passed no Sunday laws, such as existed all around them, but, judging rightly that such disturbances arose from the want of any regular sea- son for recreation, they referred it to the towns to appoint days for their " servants and children to recreate them- selves," and thus to prevent similar annoyances in future.
12.
13.
The General Court of election met at Warwick. Roger Williams was chosen President ; Thomas Harris Assistant for Providence, John Roome for Portsmouth, Benedict Arnold for Newport, and Randall Holden for Warwick ; Wm. Lytherland Recorder, Richard Knight Sergeant, Richard Burden Treasurer, and John Cranston Attorney General. These were to hold office until the spring election. The next day the Court of Commission- ers fixed the first Tuesday in May for the election of members by the towns, and the Tuesday after the fifteenth of May for that of general officers. Legal process was to issue " in ye name of His Higness ye Lord Protector of ye Commonwealth of England, Scotland, and Ireland, and ye dominions thereto belonging." The President and Gregory Dexter, then town clerk of Providence, were desired to " send letters of humble thanksgiving to His Highness the Lord Protector, and Sir Henry Vane, Mr. Holland, and to Mr. John Clarke, in ye name of ye colo- nie." The two island towns were authorized to hold their court of trials together, if they pleased, or apart as they had previously done, and the same liberty was given to the two mainland towns. This act seems intended to remove what was apparently the first source of alienation in the colony, soon after the organization of the charter government.1
2 Ante chap. vii. p. 214, 221.
253
INDIAN WAR.
War had again broken out between the Narragansets and the Long Island Indians. The United Colonies were much alarmed, and sent messengers to inquire of Ninigret the cause, and to demand his presence at Hartford. Nin- igret replied that the enemy had slain a sachem's son and sixty of his people. The haughty spirit of the chieftain appears in his answer : "If your governor's son were slain, and several other men, would you ask counsel of another nation how and when to right yourselves ?" He refused to go to Hartford, and desired only that the Eng- lish would let him alone. President Williams wrote to the government of Massachusetts a long letter in defence of the Indians,' maintaining that the Narragansets had always been true to the English, and that the present war on Long Island was an act of self-defence. A force was sent against Ninigret under Major Willard. The In- dians took refuge in a swamp. The troops returned un- successful, to the great chagrin of the Commissioners at Hartford. But Massachusetts, from humane motives, op- posed the war, and the other colonies were obliged to submit.2
Military affairs always received great attention in Rhode Island, but were not always a matter of record. This year the first mention is made of an election of offi- cers in Providence. All were required to do military duty ; only one man could be left at home on each farm, one mile from town, on parade days.
An entry in the Portsmouth records shows that mem- bers were elected from that town to attend a meeting of the General Assembly to be held the next day at New- port. No record of any such session exists, nor is any other reference made to it elsewhere.
13.
14.
When Aquidneck was purchased, only the grass upon
1 The letter in full is given in R. I. Col. Records, i. 291, and Knowles, 272-8.
2 Hazard's State Papers, ii. 308, 318, 324-5, 340, etc.
CHAP. VIII. 1654. Sept. 13. 18.
Oct. 5.
9.
24.
Nov. 6.
254
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. VIII. the other islands was conveyed in the deed. The fee still vested in the native owners. A movement was now made 1654-5. in town meeting at Portsmouth to join with Newport in Jan. 23. the purchase of Conanicut and Dutch islands, and a com- mittee was appointed to treat with Newport on the sub- ject. These islands were afterwards bought, the former by Coddington and Benedict Arnold, Jr.,1 the latter, together with Goat and Coasters Harbor islands, by Arnold and others.2
Although harmony was for the most part restored to the colony, there still remained many who were restive under restraint, some advocating an unlawful liberty, and others, royalists in feeling, refusing to obey the government. This winter was one of unusual turbulence in Providence. Under pretence of a voluntary training a tumult occurred in which some of the principal people were implicated.3 A paper was sent to the town asserting the dangerous doc- trine " that it was blood-guiltiness, and against the rule of the gospel, to execute judgment upon transgressors against the private or public weal." This dogma was subversive of all civil society. If allowed it would pervert one of the two distinctive principles of Rhode Island liberty to the destruction of the other and the consequent annihilation of them both. It was then that Roger Williams wrote to the town that masterly letter which will endure so long as the principles it so admirably defines shall be cherished among men.
" There goes many a ship to sea, with many hundred souls in one ship, whose weal and woe is common, and is a true picture of a commonwealth, or a human combination, or society. It hath fallen out sometimes that both Papists and Protestants, Jews and Turks, may be embarked in one ship ; upon which supposal I affirm, that all the lib-
1 April 17, 1657. 2 May 22, 1658.
3 Thomas Olney, Robert Williams, John Field, William Harris and others. Staples' Annals, 113.
255
WILLIAMS' LETTER ON LIBERTY OF CONSCIENCE.
erty of conscience, that ever I pleaded for, turns upon these two hinges : that none of the Papists, Protestants, Jews, or Turks, be forced to come to the ship's prayers or worship, nor compelled from their own particular prayers or worship, if they practise any. I further add, that I never denied, that notwithstanding this liberty, the com- mander of this ship ought to command the ship's course, yea, and also command that justice, peace, and sobriety, be kept and practised, both among the seamen and all the passengers. If any of the seamen refuse to perform their service, or passengers to pay their freight ; if any refuse to help, in person or purse, towards the common charges or defence ; if any refuse to obey the common laws and orders of the ship, concerning their common peace or pre- servation ; if any shall mutiny and rise up against their commanders and officers ; if any should preach or write that there ought to be no commanders or officers, because all are equal in Christ, therefore no masters nor officers, no laws nor orders, no corrections nor punishments ; I say, I never denied, but in such cases, whatever is pretended, the commander or commanders may judge, resist, compel, and punish such transgressors, according to their deserts and merits." 1
Nowhere have the limits of civil and religious freedom been more aptly illustrated than in this letter of the christian statesman who first reduced them to harmonious union.
Complaints made to Cromwell of the divisions in the colony, drew from him a brief letter confirming the charter and promising to adjust the difficulties.
At the regular annual election held in Providence the same general officers were chosen as in September, except Harris, who gave place to Thomas Olney as Assistant for Providence, Knight who was defeated by George Parker for Sergeant, and Burden who was displaced by John Sand-
1 Knowles, 279-80.
CHAP. VIII. 1655. Jan.
March 29.
May 92.
256
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. VIII. ford, as Treasurer. John Greene, Jr., was chosen Solicitor General, an office not filled at the former election. The 1655. court roll of freemen at this time numbered two hundred May and forty-seven persons, of whom Providence had forty-two, 22. Warwick thirty-eight, Portsmouth seventy-one, and New- port ninety-six. More than two thirds of the strength of the colony was on the island. Newport had already by far the largest portion and was rapidly increasing. The dif- ference between an inhabitant and a freeman should be borne in mind. Not every resident was a legal inhabitant. Some time elapsed after one's arrival in the colony before he could be received as an inhabitant, participating thereby in certain rights to the common lands, doing jury duty, and being eligible to some of the lesser town offices. If his conduct while thus situated gave satisfaction he might be propounded at town meeting to become a freeman, and if no valid objection was brought against him, at the next meeting he was admitted to all the rights of the freemen, or close corporators of the colony.
In the earlier years an admission as freeman sometimes brought with it a joint ownership in the land purchased, but soon it came to convey only the elective franchise, and even this was not always confined to freemen, for afterwards by a town law in Providence' any inhabitant was liable to be elected to office and finable for not serving. Two years later all who held lands in the town were declared to be freemen .? This latter feature remained, with some modi- fications, till the adoption of the State Constitution.
22-25.
At this session the general Court of trials was appointed to sit once a year in each town. All persons were required to sign a submission to the Lord Protector and the Par- liament. Those who refused were deprived of the benefit of the colony laws till they did so. Prisons were ordered to be built at Newport and Warwick. Providence and
1 Passed at town meeting, June 1656. Annals of Prov., 118.
2 do. do. May 1658. do. do. 124.
257
SUBMISSION TO THE LORD PROTECTOR.
Portsmouth were each to build a cage and to furnish it CHAP. VIII. 1655. May.
with a pair of stocks. Very full laws were passed regulat- ing the sale of liquors. This subject received the atten- tion of nearly every Assembly and has been the most fruitful theme of legislation for more than two hundred years. Two taverns were licensed in each town, and leave was granted to the towns to add one more if they saw fit. The armed opposition to authority by Olney and others, in the winter, was discussed and a committee appointed to inform him of the Assembly's view of the matter. That the disturbance was not very serious may be inferred from the choice of Olney as an assistant and from his taking the engagement after conferring with the committee. At the next town meeting it was wisely concluded "that for the colony's sake, who have since chosen Thomas Olney an assistant, and for the public union and peace's sake, it should be passed by and no more mentioned."
The reception of the letter from Cromwell caused a special session of the Assembly at Portsmouth. Letters of thanks were voted to the colony agent and to the Lord President of the Council, requesting the latter to present their submission to His Highness the Lord Protector. A law was passed requiring that any who might be convicted by the Assembly as leaders of faction should be sent as prisoners to England at their own expense, there to be tried and punished.
That strict decorum was not always preserved, although its necessity was appreciated, appears by the last act of this session ; " that in case any man shall strike another person in ye Court, he shall either be fined ten pounds, or be whipt, accordinge as ye Court shall see meetc."
The shortness of the sessions, and the early hour at which the Assemblies met, are worthy of remark. Three or four days were then found to be sufficient for the most im- portant business, and the daily adjournments were usually until six o'clock, or till half an hour or one hour after VOL. I .- 17
June.
28. 29.
30.
258
HISTORY OF THE STATE OF RHODE ISLAND.
VIII. 1655. June,
CHAP. sunrise the next morning. A fine of one shilling was im- posed for absence from roll call.
Nov. 15.
The Warwick dispute remained unadjusted. An action for damages in the sum of two thousand pounds was brought by the Gortonists against Massachusetts, before the Coun- cil of State. The Indians subject to Massachusetts there and at Pawtuxet continued their depredations. The Eng- lish subjects at the latter place, now consisting of but four families1 only two of whom still held out against Rhode Island, were a source of obstruction to the authority of the colony. The law prohibiting the sale of powder and arms to citizens of Rhode Island was still in force in Massachu- setts. Upon these four points, of vital importance to the prosperity of the State, President Williams wrote to the Government of Massachusetts, urging them so to alter their policy as to prevent complaints against them from being sent to England, in ships then ready to sail.2 Although the General Court was then in session no immediate notice was taken of this communication.
1655-6. Jan.
The people of Providence, alarmed by hostile demon- strations of the Indians, decided to erect a fort on Stamp- er's Hill.3 At the same meeting they established a jus- tice's Court for the trial of cases not exceeding forty shil-
1 Stephen Arnold, Zachary Rhodes, William Arnold and William Carpen-
ter. Of these the first-named desired to unite with Rhode Island, as did the second also, for, being a Baptist, he was virtually banished by the law of 13th Nov. 1644. The last two alone held out, under pretence of fearing to offend Massachusetts by withdrawing their allegiance. This they did, however, three years later, Oct. 22, 1658, by consent of the General Court.
2 The letter is found in R. I. Col. Rec. i. 322-5, and Hazard's State Pa- pers, i. 610-11.
3 The tradition, preserved by Judge Staples, in Annals of Providence, p. 117, gives a curious derivation for this name, and illustrates the constant dan- gers to which the early settlers were exposed. " Soon after the settlement of Providence a body of Indians approached the town in a hostile manner. Some of the townsmen, by running and stamping on this hill, induced them to believe that there was a large number of men stationed there to oppose them, upon which they relinquished their design and retired. From this cir- cumstance the hill was always called Stamper's Hill."
259
CODDINGTON SUBMITS TO THE COLONY.
lings in amount. Roger Williams, Thomas Olney, and CHAP. Thomas Harris, were chosen judges of this Court. The VIII. 1655-6. former was then President of the colony, Olney was the General Assistant for Providence, and Harris was a member of the Assembly. That the smallest tribunal in a town should be composed of such members speaks well for the public spirit of the leading men, and for the care taken in the administration of justice.
At the general Court of trials held at Warwick, Mr. Coddington appeared as one of the newly elected commis- sioners from Newport. His election caused so much dis- satisfaction that an investigation was had by the Assembly, the jury meanwhile being dismissed. The result was a formal submission to the authority of the colony in these words :
" I William Coddington, doe hereby submit to ye authoritie of His Highness in this Colonie as it is now united, and that with all my heart."
The Assembly then adjourned, while the Court of trials proceeded, after which it again convened at the same place. The committee of investigation reported favora- bly on Coddington's right to a scat, but advised that a letter be sent to the Agent in England, giving their reasons for receiving him, and asking for a discharge of the complaints entered against him before the Council of State. He had incurred a fine for withholding the colony records from the last Assembly, and this fine it was voted not to remit. Guns, similar to some he had brought over from England, were found in possession of the Indians. He was therefore required to account for the disposal of his. Certain proceedings prejudicial to Coddington during the time of his usurpation, were cut out from the records and given to him-a mutilation much to be regretted, as it deprives us of all information concerning his administra- tion. The presentments against him and some of his partisans on the Island records were annulled.
March 11.
17.
260
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. VIII. 1655-6. March.
The custom of referring particular items of business to sub-committees, which gave rise to the modern system of standing committees, was early introduced into our Assembly. There is scarcely a session, since the reunion, at which one or more sub-committees were not appointed. Prior to that time, all business was done by deliberation of the whole body. A warrant was issued to bring Pum- ham before the Court to answer complaints from the town of Warwick, and a committee was appointed to treat with him, and to report at the next session. Marriages were ordered to be published at town meetings, or on training days at the head of the company, or by writing posted in some public place, signed by a magistrate. If the banns were forbidden, the case was to be heard by two magistrates ; should they allow it, the parties might marry ; but if not, the general Court of trials were to decide it. Tavern bars were to be closed at nine o'clock at night. The age of majority was fixed at twenty-one years. No magistrate, during the trial of a case, was permitted to leave the bench without permission from the Court, under a heavy penalty, as such an act might bias the jury, and thus imperil a just cause.
1656.
The letter to the General Court, at their November session, having received no reply, Williams, in the spring, wrote to Governor Endicott, who invited him to come to Boston. A second official letter was sent to the Court, of the same tenor as the former one ; and a few days after, Mr. Williams, then in Boston, wrote to the Court, expressing his gratification at the progress of affairs with Pumham, which, it would seem, were intrusted to his management.1
1 An amusing entry in the Warwick records of 15th May of this year shows the provision made by that town for this journey of the President. " Ordered that forty shillings be sent out of the treasury unto Mr. Roger Wil- liams, and a pair of Indian Breeches for his Indian, at seven shillings six- pence at 6 pr penny, as also a horse for his journey unto Boston and back again."
May 12. 17.
261
GENERAL ELECTION.
At the general election held in Portsmouth, Roger CHAP. VIII. 1656. May 20
Williams was again chosen President. The Assistants were Thomas Olney for Providence, William Balston for Portsmouth, John Coggeshall for Newport, and John Weeks for Warwick, he having the next highest vote to Randall Holden, who, being elected, declined to serve, and whose fine of five pounds for refusing was offset by his services previously rendered. John Sandford was made Recorder and Treasurer ; George Parker, Sergeant ; John Easton, Attorney-General ; and Richard Bulgar, Solicitor. The Assembly, as usual, met the next day, and sat three days.
It was agreed that the controversy with the Pawtuxet 21-23. men should be closed by arbitration, after which they were to be received as freemen of the colony. Whoever should deface or destroy any instrument of justice was to make reparation for the injury, and to be confined for six hours in the stoeks. Leave was granted to William Blackstone to enter the titles of his land in the records of land evidence in the colony. This was doubtless for the sake of convenience, he living near Providence, although at that time in the Plimouth jurisdiction, as appears from letters of administration granted by that colony at his decease. At the autumn session, held like- wise at Portsmouth, provision was made for supplying Oct. 10. any vacaney caused by the death of a general officer. Whoever had the next highest number of votes was to fill the place till the ensuing May election, or in ease the choice had been unanimous, the town where the vacancy occurred was to elect a successor. This action was caused by the death of the Sergeant, George Parker, the first general officer who died in place. He was succeeded by Richard Knight, who had been his competitor at the spring election.
One of the most serious differences that ever disturbed the colony commenced about this time. The free prinei-
262
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. VIII. 1656. Oct. 10.
ples of the State were constantly liable to abuse by those whom they attracted hither. The distinction between li- cense and legal liberty was not yet so clearly drawn but that some strong intellects failed to see it as it existed in the mind of Roger Williams, or as set forth in his remark- able letter before given. The paper which produced that letter expressed a most dangerous idea, but one that found an earnest and able champion in William Harris, between whom and Williams an inveterate hostility arose. The sources of this enmity appear to have been their different views of the nature of liberty, and the proceedings result- ing from this difference. It was carried to a degree of personal invective that mars the exalted character of Wil- liams and detracts from the dignity and worth of his op- ponent. It was never forgotten by the one or forgiven by the other. Both were men of ardent feelings and of great address, whose mental activity was never at rest. Harris, unfortunately, was almost constantly employed in business that was inimical to the interests of Rhode Island, and from this time forward assumed the position that the Ar- nolds of Pawtuxet had before held, either as a leader of faction within the State or the agent and representative of adverse interests abroad. This is the more to be re- gretted because he brought to whatever he undertook the resources of a great mind and, to all appearance, the hon- est convictions of an earnest soul. On this account he was a more dangerous opponent and required stringent measures to suppress the errors of his political creed. So far only as this controversy had a public character we shall follow its development through a long series of years. Let the more repulsive features of personal rancor be con- signed to oblivion ! Harris had published " that he that can say it is his conscience ought not to yield subjection to any human order amongst men ;" and had attempted to sustain the subversive doctrine by abundant perversions of scriptural quotation. It was much such an announce-
263
WILLIAM HARRIS ARRESTED FOR TREASON.
ment as had aroused the pen of Williams two years before. CHAP He now adopted severer means to crush the reiterated fal-
VIII. lacy. As President of the colony he issued a warrant for the arrest of Harris on the charge of high treason against the Commonwealth of England.1
At the next election held in Newport, Williams was not a candidate. Benedict Arnold was chosen President ; Arthur Fenner of Providence, William Balston of Ports- mouth, Richard Tew of Newport, and Randall Holden of Warwick, Assistants, John Greene Jr., Attorney General, and James Rogers, Solicitor. The other three general offices remained as before. The trial of Harris could not proceed on account of the absence of his accuser. Both parties were warned to appear at an adjourned session in Warwick. At this special session Harris was required to
' Two copies of this warrant are still preserved among the papers of Wil- liam Harris, now in the possession of Wm. J. Harris, Esq., of Providence, whose kindness in placing these valuable MSS. in the hands of the writer he here begs leave to acknowledge. The warrant reads as follows : " Whereas, William Harris of Providence, published to all the towns in the colony dan- gerous writings containing his notorious defiance to the authority of his hight ness the Lord Protector, &c., and the high Court of Parliament of England, as also his notorious attempts to draw all the English subjects of this colony into a traitorous renouncing of their allegiance and subjection, and whereas the said William Harris now openly in the face of the Court, deelareth him- self resolved to maintain the said writings with his blood; These are there- fore in the name of Ilis Highness the Lord Protector, strictly to will and re- quire you to apprehend the said William Harris, and to keep him in safe ens- tody until his appearance before the General Assembly of the colony in May next ensuing at Newport, before which Assembly he is to be convicted and sent for England, or acquitted according to law of the colony established amongst us. And you are also hereby anthorized to take all due care that his land and estate be faithfully secured to the use of his higliness, the Lord Protector, in case of the conviction of the said William Harris in the General Assembly of the colony as aforesaid ; for the due performance of all which premises, all his Highness' officers in this colony, both civil and military, and all his Highness' subjects in this colony are hereby straightly required to be aiding and assisting, as they will answer to the contrary at their peril.
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