USA > Rhode Island > Providence County > Providence > History of the state of Rhode Island and Providence plantations, Vol. I > Part 26
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April
29.
We can now show which was the true document, and which was obtained by fraud. An obscure manuscript heretofore unnoticed, perhaps from the insignificance of its author, fastens upon himself the charge of underhand deal- ing, describes the manner in which his object was effected, and names the bribe that he gave to obtain it. Jolin Scot, the special agent of the Atherton company, wrote the let- ter, now for the first time printed," which after the lapse
1 Ante, chap. 8, p. 283. The letter is dated June 21, 1663.
2 See Appendix E for this remarkable letter, with more covious comments thereupon than are given in the text.
301
FIRST GENERAL ASSEMBLY UNDER THE CHARTER.
of two hundred years, exposes the baseness of the enemies of Clarke, shows for itself why they so freely charged him with dishonesty, and subjects its author and his abet- tors to the double shame of corruption to obtain their ends, and of meanness in seeking to hide their conduct by de- faming the character of an honest man. To the honor of Winthrop it should be mentioned here that seven years later, while Governor of Connecticut, he refused to exercise jurisdiction east of Pawcatuck river, alleging as a reason his agreement with Clarke, which although ignored by Connecticut, he at least deemed to be both legally and morally binding upon that colony. The questions of boundary and of jurisdiction were virtually one, and are so treated in Governor Winthrop's message to the General Assembly at Hartford.
A great amount of business, as varied in kind as it was March complicated in its nature, devolved upon the new Legisla- 1. ture. The Assistants were now, for the first time, invested with legislative power by the charter, and acted conjointly with the deputies. The Courts required to be remodelled in accordance with the charter. Many laws were to be re- pealed as being "inconsistent with the present govern- ment," and others enacted in conformity thereto. Diffi- culties of a most serious nature within and without the colony demanded attention. The new territory of Block Island was embraced in the charter, and must be provided for. Magistrates were to be apportioned among the towns, and the usual amount of private business was to be trans- acted.
Notice being given to all the people to draw near, the charter was read, together with Mr. Clarke's letter accom- panying it, and Mr. Roger Williams was requested to transcribe it. A committee was appointed to draw up a prologue to the proceedings of the Court, which prefaces the records, and contains a formal acknowledgment of grat- itude to the king for his favor. The Assembly then en-
CHIAP. IX. 1663-4.
302
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. 1663-4. March 1.
tered upon the business of legislation by prescribing the mode of calling courts, and the times and manner of hold- ing them. Two General Courts of trials in each year were established, to be held at Newport in May and October, and were to consist of the Governor, deputy Governor, or either of them, with at least six Assistants. Two other Courts of trials were appointed to be held annually, one at Providence in September, and one at Warwick in March, at which at least three Assistants, and a jury of twelve men selected equally from each town, should be present. . An appeal could be taken from these to the General Courts. Special Courts might also be called, at the re- quest 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, Providence and Warwick two each ; but in that of State magistrates, the two Executives and ten Assistants, five were to be inhabitants of Newport, three of Providence, and two each, of Portsmouth and Warwick ; and the precedency of the towns was settled in this latter order, it being that in which they were named in the charter. The Assistant " nearest the place occa- tion shall present " was to act as Coroner.
A question arose whether by the charter it was pro- vided that the State magistrates, or Council, should be elected by the freemen in town meeting, or by the Gen- eral Assembly. It was decided that, unless otherwise ex- plained by advices from England, the right of electing these officers should vest in the freemen.
An act was passed taking cognizance of the intru- sions and attempted usurpations of the Atherton com- pany, and a summons was issued requiring them to ap- pear at the next session of Assembly, to answer for their conduct ; and similar attempts to settle in the colony, without leave first obtained from the Assembly, were for- bidden under pain of fine and imprisonment. A com-
303
BLOCK ISLAND ANNEXED TO THE COLONY.
mittee was named to treat with Massachusetts upon the CHAP. pending difficulties between the two colonies. Pumham, IX. 1663-4 March 1. who, at the instigation of Massachusetts, had subjected himself and his lands to her jurisdiction, and retained possession of part of the tract purchased by the War- wick men, was notified, upon their complaint, that he was within the government of Rhode Island, and must adjust his differences with the complainants or submit to legal process. A remonstrance to Connecticut colony upon the riotous conduct of the men of Southertown, and a notice of intention shortly to run the westerly line of Rhode Island, were ordered to be sent.
A curious act is recorded at this session in favor of Capt. John Cranston, who, for skill in his profession, was licensed " to administer phisicke and practice chirurge- ry." We have before mentioned instances of physicians being licensed by the Legislature, but in this case the act went further, and we have now to record, for the first time, the formal conferring of the degree of M. D. upon Capt. Cranston in these words : "and is by this Court styled and recorded Doctor of phissick and chirrurgery, by the authority of this the General Assembly of this Col- lony."
Notice was sent to Block Island that the people should appear at the May Court to be received into the colony, and James Sands, already a freeman, was appointed Con- stable. This island, the earliest authentic history of which dates from the Pequot war, and has already been noticed in that connection, remained subject to Massa- chusetts until it was annexed to Rhode Island by the royal charter. It was granted, as a reward for public services, to Gov. Endicott and three others,' who sold it two years later for five hundred pounds to Simon Ray and eight associates. The following year they commenced a settlement, liquidated the Indian title, subject to a res-
1 19th Oct., 1658. See M. C. R., iv. Part I., p. 356.
304
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. ervation in favor of the natives, and set apart one-six- teenth of the lands for the support of a minister forever. 1663-4. March Soon afterwards James Sands, who had followed Ann Hutchinson in her exile to the banks of the Hudson, re- turned and settled on the island. About two years had elapsed since the settlement was commenced, when the jurisdiction was transferred to Rhode Island. The re- moteness of the island rendered it almost independent of the colony, and produced a different system of internal regulation from that which prevailed in the other towns. Its exposed situation rendered it peculiarly liable to suf .. fer, not only from the native Indians, but also from the attacks of piratical vessels, by which it was constantly threatened. The local history of Block Island, truthfully written, would present an interesting study. The tradi- tionary history of the aborigines is full of the romance of war ; their authentic history in connection with the whites, abounds in stirring incidents ; the peculiarities of the English settlers and their posterity, their customs, laws and domestic institutions, are among the most singu- lar and interesting developments of civilized life ; while the martial deeds of a people, within and around whose island there has been more hard fighting than on any ter- ritory of equal extent, perhaps, in America; and where the horrors of savage and of civilized warfare have alter- nately prevailed, almost without cessation, from the ear- liest traditionary period down to a recent date, would, altogether, furnish materials for a thrilling history that might rival the pages of romance.
10.
A friendly letter was sent to Connecticut, in con- formity to the vote of the Assembly, reciting a recent outrage at Westerly, asking that such acts be prevented in future, and requesting the concurrence of Connecticut in running the line between the two colonies at an early date.
1664. March 25.
The conflict of jurisdictions placed the Narraganset men. in a difficult position. They wrote to Connecticut for
305
CONFLICTING CLAIMS TO NARRAGANSET.
advice, saying that Richard Smith, jr., was under bonds to answer to Rhode Island, and that a constable appointed by Rhode Island might soon be expected at Wickford.1 The Council at Hartford erected a court at Wickford, and conferred on the inhabitants power to choose their officers, recommended them to obtain " an able orthodox minister," and appointed Capt. Hutchinson to exercise all males between the ages of sixteen and sixty in the use of arms, six times a year. Wickford was now a fully organized settlement, with control over "the places ad- joining within the colony of Connecticut." Fortunately, at this crisis, a measure was adopted in the King's Coun- cil, that prevented a fatal collision between the deter- mined and excited disputants. A commission was issued to Col. Richard Nichols, Sir Robert Carr, George Cart- wright, and Samuel Maverick, to reduce the Dutch prov- inces in America to subjection, and to determine all questions of appeal and of jurisdiction, and all boundary disputes arising in the New England colonies.2
At the same time a new and formidable claimant ap- peared for the contested territory of Narraganset. The Duke of Hamilton petitioned the King for confirmation of his rights in all that country, and much more, against all persons who had intruded upon the grant made to his father, the late Marquis, by the council of Plymouth.3 The deed held by the Marquis of Hamilton was given by the Plymouth company when on the point of surrendering their charter, and was of little intrinsic value.4 It how- ever served, in the hands of a powerful nobleman, still further to complicate this intricate question. It was a
CHAP. IX. 1664. April 2.
25. May 6.
1 MS. records of Connecticut in R. I. Ilist. Soc.
2 S. P. O. New England papers, vol. i. p. 194, and Mr. Brown's MS. Col- leetion, vol. i. 39.
3 S. P. O. New England papers, vol. i. p. 200, and Mr. Brown's MS. Col- lection, vol. i. 40.
" Ante, chap. i. p. 8. The deed was dated April 22d, 1635, less than seven weeks before the surrender.
VOL. I .- 20
306
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. May. deed of feofment, and conveyed a tract extending from Connecticut river to Narraganset bay, "about sixty miles" 1664. up the west side of the bay to the head thereof, and thence north-west sixty miles, where the line turned in a south- west course to a point sixty miles up north-west from the mouth of Connecticut river, and including all islands with- in five leagues of these limits. The name given to this magnificent grant was " the county of Cambridge."1
4.
The session in March had been held chiefly for organ- ization and for the preparation of business. The first reg- ular Assembly, as established by the charter, met at New- port in May. Benedict Arnold was chosen Governor, Wil- liam Brenton, deputy Governor, Joseph Torrey, Recorder, James Rogers, Sergeant, John Coggeshall, Treasurer, John Easton, Attorney, and Laurence Turner, Solicitor. The latter officer declined to serve and was excused. Ten As- sistants were also elected, and these seventeen, with eigh- teen deputies chosen by the towns, composed the General Assembly. As full lists of the seventeen general officers, chosen annually by the Assembly are given under each year in the printed Colonial Records, we shall hereafter, to avoid a tedious catalogue of names, mention only the two executive officers. For the same reasons we have not here- tofore recorded the lists of commissioners, or deputies un- der the first patent. They were eighteen in number at this session, and increased two with the addition of every new town. The deputies were chosen for each session of the Assembly, always twice a year, and frequently oftener.
The name of " Rhode Island and Providence Planta- tions," with the word "Hope " above the anchor, was adopted, or rather continued, as the seal of the colony.
The affairs of Block Island were definitely settled at this session. Three messengers appeared? from the island
1 S. P. O. New England, vol. i. 8, and Mr. Brown's MSS., vol. i. No. 10; also see Report of Board of Trade on this claim, 10th May, 1697, in Mr. Brown's MSS., vol. 7, No. 21.
2 James Sands, Thomas Terry and Joseph Kent.
307
CONFLICTING CLAIMS TO NARRAGANSET.
to signify their obedience to his Majesty's will. A petition CHAP. IX. in behalf of sundry householders on the island, that they be received as freemen, was granted. The government of 1664. the town was vested in the hands of three selectmen, who May 4. might call town meetings, hear causes of less amount than forty shillings, grant appeals to the General Court of trials where a larger sum was involved, and issue warrants in criminal cases. Liberty to send two deputies to the Assembly was given to the town ; a copy of the laws was to be furnished them, and their attention was specially di- rected to that clause of the charter declaring freedom of conscience.
Massachusetts having appointed two agents to treat with Rhode Island in regard to Block Island and the Pe- quot country, John Greene and Joseph Torrey were com- missioned to meet them at Rehoboth on the last day of the month. Richard Smith, jr., and Thomas Gould of Narraganset, were bound over in the sum of four hundred pounds each, and two Newport men in one-half that sum, to appear when called for, upon the charge of seeking to bring in a foreign jurisdiction within the limits of the col- ony. These bonds were afterwards released. A warrant for the same offence was issued against John Greene, sen., who appeared and confessed his fault. Upon petition he was pardoned, and received again under protection as a freeman of the colony. Richard Smith, sen., was written to, to appear before the Court on a similar charge. He made no reply to the letter, but enclosed it to Capt. Hutch- inson, desiring him to inform Connecticut of the affair, which he did.1
An active correspondence now ensued between Rhode Island and the rival claimants for her soil. The meeting at Rehoboth with the Massachusetts agents had no im- portant results. Block Island had become private prop- erty before the transfer, and its owners had since cheerfully
1 These three letters are in R. I. Col. Rec., ii. 45-9.
14.
20.
31.
308
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. adopted the provisions of the charter annexing it to Rhode Island. The Pequot country, still claimed by Massachu- 1664. setts in right of conquest, was by the Connecticut charter June entirely within her jurisdiction, while the claim of Rhode Island for that portion of it east of the river, under her more recent charter, still left Massachusetts out of the question ; besides which, the royal commissioners had power to arrange all such disputes, so that further discus- sion was useless. The report of the agents was accepted by the General Court.1 Plymouth now entered the field, 8. complaining in a letter to Rhode Island of intrusions upon her limits. But the most serious dispute in progress was that with Connecticut. No direct reply having been re- ceived to the letter written in March, but only an intima- tion from Governor Winthrop, that its contents would be July 8. considered by the Assembly at Hartford, another letter was sent, by a special messenger, referring to the former one, and stating what had since been done by Rhode Island with regard to the Connecticut officers in Narra- ganset, whose commissions, it was urged, should be re- voked. These officers, Richard Smith and William Hud- son, with Edward Hutchinson then residing at Boston, also 12. wrote to Connecticut about some resistance offered to the administrator of Capt. Atherton's estate, who, in behalf of the heir, had endeavored to take possession of the property, but was resisted by the tenant who claimed allegiance to Rhode Island, although he was one of those who had sub- scribed the submission to Connecticut two years before. Indeed, several of the Narraganset settlers had already changed their views, and were inclined to Rhode Island, while the original purchasers, many of whom resided in Boston, remained firm in their preference for Connecticut. 20. Connecticut replied to both of the Rhode Island letters, proposing a joint commission to meet in October to settle all disputes, but asserting her claim to jurisdiction, defend-
1 19th Oct., M. C. R., Vol. iv. Part ii. p. 140.
309
SUBJUGATION OF THE DUTCH PROVINCES.
ing the acts of her officers, and desiring Rhode Island to CHAP. IX. -
forbear further interference with them.
On the arrival of the English commissioners at Boston, Gov. Endicot assembled the Council, to receive the royal letter and the instructions that required them to raise a force to act against the Dutch, if it should be necessary. A special session of the General Court was held, and two hundred men were voted for the service, to be ready by the twentieth of the month. But their services were not re- quired, for upon the appearance of the fleet off the port, New Amsterdam, now New York, surrendered to the Brit- ish crown. Arania, now Albany, soon followed, and after- wards Delaware castle, and other forts held by the Dutch and Swedes, likewise surrendered to Sir Robert Carr. The whole conquered territory was placed under the government of Col. Nichols.
The Commissioners of the United Colonies, sitting at Hartford, of course took ground against Rhode Island, and addressed to her a letter full of warning and advice, based upon the royal letter of the previous year, wherein the Nar- raganset purchasers were placed under their protection.1 Probably they did not know by what means that letter had been obtained. Rhode Island took no notice of this missive, but acknowledged receipt of the one from Con- necticut, and referred it to the General Assembly for a more full reply.
The royal Commissioners, having nearly completed the subjugation of the Dutch provinces, had their head-quarters on board the English fleet now being in the harbor of New York. A delegation consisting of John Clarke, who had lately returned home, Capt. John Cranston and William Dyre, was sent on with a letter from the authorities of Rhode Island, expressing the gratitude of the colony to his Majesty for the charter, and congratulating the Commis- sioners. It appears by this letter that a previous one, of
1 Hazard's State Papers, ii. 499.
1664. July 23. 26.
Aug. 3.
27. Sept. 11.
9.
20.
7.
310
HISTORY OF THE STATE OF RHODE ISLAND.
1664. Oct.
8. 13.
CHAP. IX. like purport, had been sent by the hands of Capt. Baxter, but at that time it was not known where the Commission- ers could be found. The messengers were kindly received, and a gracious answer was sent back on their return. The courtesy was acknowledged by deputy Governor Brenton, in another letter, inviting the Commissioners, upon their visiting Rhode Island, to make their home at his house.'
The Connecticut Assembly, at their next meeting, ap- pointed a committee to arrange the boundary questions pending between that colony and both Rhode Island and Massachusetts, but ordered that they should not give up any portion of their charter limits .? This, so far as con- cerned Rhode Island, was equivalent to making no ap- pointment.
At the meeting of the General Assembly the name of John Clarke appears at the head of the list of deputies. He had returned in June, after an absence of twelve years, spent in the faithful service of the colony, in England, and again resumed a place in the public councils, where, under the first patent, he had been so useful. The joy of the As- sembly in having him once more among them, is evinced in a singular and emphatic manner in the preamble to the first public law passed at this session, establishing proxy voting ; "and this present Assembly (now by God's gra- cious providence enjoying the helpfull presance of our much honoured and beloved Mr. John Clarke,) doth declare and ordayne, &c."
It was ordered that at every meeting of the Assembly, whether regular or adjourned, the charter should be read. The inconvenience to the freemen of the remote towns, oc- casioned by having to vote in person at Newport, had at- tracted the attention of the Assembly at its May session, and been referred to this Assembly to devise some legal
1 The original letters are both in S. P. O. New England papers, vol. i. pp. 206-9.
2 Col. Rec. of Connecticut, ii. 435.
311
PROXY VOTES .- THE INTERPOLATED PHRASES.
mode of voting by proxy. They enacted that all who did CHAP. IX. not come in person to Newport might give their votes, sealed up and subscribed with their own names on the 1664. outside, into the hands of a magistrate at any regular town Oct. 26. meeting, to be delivered to the Executive at the Court of election in Newport, there to be opened and counted. If the voter was prevented from attending town meeting, the magistrate might yet receive his vote in the same manner.
Edmund Calverly, a deputy from Warwick, had made serious charges against the Governor, in respect to his of- ficial conduct, which were discussed, and the complainant required to prefer his charges in writing. He did so, but failing to sustain them, in the opinion of the court, he was suspended from voting until he should give satisfac- tion for his offence.1
A committee was appointed to revise the laws, to see if any were left unrepealed that were inconsistent with the present charter, and to codify them for more convenient reference. At the head of this committee was John Clarke, and the second member was Roger Williams ; two names. of which the presence of either sufficiently refutes the slan- der contained in Chalmers,2 and copied by later writers, attributing the interpolated restrictions upon religious free- dom to the act of this Assembly. That these words [pro- . fessing Christianity] and [Roman Catholics excepted] were the additions of later times, is as clear as any fact in his- tory. That they were never placed there at all by the deliberate act of the Legislature of Rhode Island, but were occasioned by some contingency of English politics, we fully believe, and that the time will come when this unjust as- persion upon the freedom of the State will be explained, and its character be vindicated beyond a doubt-as recent developments have brought to light the conspiracy against
1 At the May session the next year, Calverly failing to prove his charges, the Governor was declared by a vote of the Assembly to be innocent of the matters charged.
2 Political Annals, Book i. chap. xi.
312
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. 1664. Oct. 26.
the reputation of Clarke-we are firmly convinced. This subject will be considered at length in a later volume when we come to the repeal of the interpolated phrases.
Agents were appointed to treat with Plymouth, two of whom were the deputy Governor and Roger Williams. They were commissioned to run the eastern line of the colony in connection with Plymouth agents. A letter was sent to Plymouth, suggesting the time and place for a meeting to arrange differences between the colonies. A similar course was adopted as to Connecticut. John Clarke, John Greene, and Joseph Torrey were commissioned to run the western line, and to arrange all other disputes with the Connecticut agents ; but should these refuse to run the line, the Rhode Island men were to do it alone. A letter was also sent to Connecticut, regretting that the day fixed by the Hartford Assembly for this purpose was passed, and naming the twenty-ninth of November as the time for a meeting at Southertown, alias Pawcatuck.
Nov.
Warrants were ordered for the arrest of William Hud- son, of Boston, and Richard Smith, sen., of Narraganset, for unlawfully exercising the office of constable within the limits of the colony under a Connecticut commission ; but these warrants were not to issue till after the time ap- pointed to treat with Connecticut.
A law was passed at this session which shows the wis- dom and foresight of our ancestors, in obviating the diffi- culties that might arise from the existence of third parties at a general election ; " that whereas there may happen a division in the vote soe as the greater halfe may not pitch directly on one certaine person, yett the person which hath the most votes shall be deemed lawfully chosen." It will thus be seen that a plurality choice was early adopted in this State. It was also provided, that in case of refusal to accept office, the vacancy was to be filled by the Gen- eral Assembly until the place was supplied.
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