USA > Rhode Island > Providence County > Providence > History of the state of Rhode Island and Providence plantations, Vol. I > Part 27
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The old law requiring each town to furnish itself with
1
313
HEAVY TAXATION AND POVERTY OF THE PEOPLE.
a cage, or a pair of stocks, wherein to secure offenders, was CHAP. reënacted. IX.
An audit of the accounts of John Clarke showed a sum 1664. of three hundred and forty-three pounds to be due to him by the colony for his expenses while obtaining the charter, one hundred and one of which were to be paid in England, and one hundred pounds had been voted as a gratuity the previous year. To meet this debt, and the expenses of the several boundary commissions recently appointed, a tax of six hundred pounds, current money, was laid. Of this Providence and Portsmouth were taxed one hundred pounds each, Warwick eighty pounds, Petacomscot twenty pounds, Conanicut thirty-six pounds, Block Island fifteen pounds, and Newport the balance, being two hundred and forty-nine pounds. In the collection of this tax wheat was valued, in colony currency, at four and sixpence per bushel, peas at three and sixpence, and pork at three pounds ten shillings per barrel. It was a heavy burden for the im- poverished towns, and years elapsed before it was paid. Warwick sent a formal protest against the large proportion Dec. 12. assessed to her.1 More than a year elapsed before Ports- mouth levied her proportion, and then she sent a deputa- tion to treat with Dr. Clarke on the subject.2 Providence was equally backward in meeting the demand. The northern towns complained that they had been at heavy charges for the two missions of Roger Williams, and there- 1664-5 fore should not bear so large a proportion of those for that of Dr. Clarke. The rate remained uncollected until en- forced by a subsequent Assembly. That it should be so, and that Mr. Williams also was never fully paid even his expenses, attests the poverty of the colonists at this time.
The arrival of Sir Robert Carr at Newport, where he was detained some days by a storm, gave great satisfaction to the people of Rhode Island. Whatever fears were felt
Jan. 23.
1 Printed in R. I. Col. Rec. ii. 78.
2 Sce Portsmouth Records, March 1665-
314
HISTORY OF THE STATE OF RHODE ISLAND.
1664-5. Jan. 27
CHAP. IX. by the rest of New England at the coming of these men, their presence was no source of regret in this jurisdiction. The protection that a royal commission invariably afforded to the oppressed and hated colony, while it embittered the animosity of her neighbors, increased the feeling of loyalty that a sense of gratitude had inspired, and which was dis- played in something more than fulsome or hollow profes- sions. Leaving Newport Sir Robert spent some days with Mr. Willet, at his residence on Narraganset bay, and per- suaded him to go to New York, where, it will be remem- Feb. 2. bered, he became the first Mayor of that city. The letter that Carr wrote at this time to Col. Nichols is full of in- terest.1 He had brought to Rhode Island the royal letter, and one from Lord Clarendon to the colony, which had been given them on their departure from England to be delivered in person to this Government. A grateful ac- 3. knowledgment was made by the Governor to Col. Nichols, wherein the conduct of the Narraganset company was ad- verted to and protection sought against their proceedings."
Complaints were made to Connecticut by the Pawca- tuck Indians of the conduct of James Babcock and other inhabitants of Westerly in demanding rent, and threaten- ing to drive them from their lands. The Council at Hart- ford warned the. Rhode Island men to forbear from urging their claims while the question of jurisdiction remained open. A special council was called to appoint a committee to attend Gov. Winthrop to Narraganset, there to meet the royal commissioners and urge the claim of Connecticut to that country under her charter.
10. 20.
15.
Upon the return of the three commissioners from New York, leaving Col. Nichols there in command, they pre- pared at once to visit the several colonies, and to investi- gate the conflicting claims for the soil of Rhode Island. Plymouth received their first attention. The General As-
1 Original in S. P. O. New England, Vol. i. p. 218.
2 R. I. Col. Rec. ii. 86-9.
315
ORGANIZATION OF KINGS PROVINCE.
sembly held a special session to prepare for their reception at Newport, and appointed a committee' to meet with the commissioners at Seaconck to adjust the boundary with Plymouth. All the expenses of the royal commissioners were to be borne by the colony. The commissioners could not make a definite settlement of the line between Ply- mouth and Rhode Island. In their report to Lord Arling- ton they say that the two colonies could not agree, for that Rhode Island claimed a strip three miles in breadth east of the bay, which Plymouth could not concede without great prejudice to her interests, and therefore they had, for the present, established the bay as the boundary until his Majesty's will could be known. Thence the commission- March ers came to Rhode Island. In their instructions they were 3. furnished with a series of propositions to present to each 4. of the colonies, a copy of which was forthwith given to the Governor.2 Soon afterwards the commissioners went over to Pettaquamscot to settle the affairs of Narraganset. There the submission of the Narraganset sachems was con- firmed. The Indians agreed to pay an annual tribute of 20. two wolf skins, and not to make war or to sell land with- out consent of the authorities appointed over them by the crown.3 The whole country from the bay to Pawcatuck river was named Kings Province, and all persons were for- bidden to exercise jurisdiction therein without authority from the commissioners. The governor and council of Rhode Island, fourteen in number, were appointed Magis- trates of Kings Province, to hold office until the annual election in May. The mortgaged lands held by the Ath- erton company, were ordered to be released upon payment of seven hundred and thirty-five fathoms of peage by Pes-
CHAP. IX. 1654-5. Feb. 27.
1 John Clarke, John Sandford, Jolin Cranston, Roger Williams and Ran- call Holden.
? These are printed in R. I. Col. Rec., ii. 110, with the action of the As- sembly thereon.
s S. P. O. New England papers, Vol. i. p. 231.
316
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. sicus or Ninecraft to any of the claimants. The purchase of the two tracts, actually bought by this company, was 1665. declared void for lack of consideration in the deed, and be- cause the country had previously been surrendered to the crown, and the purchasers were ordered to vacate the premises within six months, provided the Indians should refund the sum of three hundred fathoms of peage, which was all they had ever received for the land.' At the ex- piration of the time the order to vacate was revoked, and the settlers were permitted to remain till his Majesty's will was further known. From Pettaquamscot the commis- April 4. sioners proceeded to Warwick. There the controversy about the lands of Westerly was decided in unequivocal terms, by a decree that no lands conquered from the na- tives should be disposed of by any colony unless both the cause of the conquest was just and the soil was included in the charter of the colony ; and further that no colony should attempt to exercise jurisdiction beyond its chartered limits. The grants made by Massachusetts "or by that usurped authority called the United Colonies," were de- clared void, the settlers upon such grants were ordered to vacate before the twenty-ninth of September, and not to prevent the Pequots from planting during the summer nor to interfere with the improvements of the lawful pur- chasers.2 Pumham, the subject of Massachusetts, who still refused to leave Warwick Neck, although the land had been fairly purchased from his superior sachem many years before, was ordered by the commissioners to remove 7. within a year to some place to be provided for him either by Massachusetts or by Pessicus. For this he was to re- ceive twenty pounds from Warwick, and if he subjected himself to Pessicus, the latter was to receive ten pounds, upon furnishing him and his men with a place. The money was paid by Warwick, but Pumham refused to ful-
1 This important decree is in Potter's Narraganset R. I. H. C., iii. 179.
2 R. I. Col. Rec., ii. 93.
317
PROCEEDINGS OF THE ROYAL COMMISSIONERS.
fil his former contract or to obey the order of the commis- sioners, relying, as it appears, upon the continued protec- tion of Massachusetts.' A further decree was issued making the governor, deputy, and twelve assistants, who might hold these offices, from time to time, by election in Rhode Island, to be likewise magistrates of Kings Province, hav- ing the entire control of that territory, and any seven of them might constitute a court therein.
At the May election a great change was made in the list of Assistants, but three of the old set being returned. Two additional deputies, elected from Block Island, took their seats. A new form of engagement to be taken by the officers, and of reciprocal engagement to be given to them, by the administering officer, in the name of the State, was adopted. The royal commissioners had not only to adjust the disputes of a public nature in the colonies, but a great number of private matters were submitted to their decision upon petition of the parties. Such were, for the most part, referred by them to the local authorities to de- termine, and much of the time of the Assembly at this session was occupied in those affairs. Some of them had a bearing upon the public interests, involving charges against the Assembly itself, as did the cases of Calverley and of William Harris, which, for this reason, were referred back to the commissioners. William Dyre, the newly chosen Solicitor for the colony, having been guilty of a similar im- propriety, in a petition to the commissioners, admitted his fault, in writing, to the Assembly, and received pardon.
The five propositions presented by the commissioners on their first coming to Rhode Island were placed before the Assembly. They are as follows : "It is his Majesty's will and pleasure ;
" 1. That all householders inhabiting this colony take the oath of allegiance, and that the administration of justice be in his Majesty's name.
1 R. I. Col. Rec., ii. 132.
CHAP. IX. 1665. April 8.
May 3.
318
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. 1665. May.
" 2. That all men of competent estates and of civil con- versation, who acknowledge and are obedient to the civil magistrate, though of different judgments, may be admit- ted to be freemen, and have liberty to choose, and to be chosen, officers both military and civil.
"3. That all men and women of orthodox opinion, com- petent knowledge, and civil lives, who acknowledge and are obedient to the civil magistrate, and are not scandalous, may be admitted to the Sacrament of the Lord's Supper, and their children to Baptisme, if they desire it, either by admitting them into the congregations already gathered, or permitting them to gather themselves into such congre- gations where they may enjoy the benefit of the Sacra- ments, and that difference in opinion may not break the bond of peace and charity.
" 4. That all laws and expressions in laws derogatory to his Majesty, if any such have been made in these late and troublesome times, may be repealed, altered and taken off the files.
" 5. That the colony be put into such a posture of de- fence that if there should be any invasion upon this island, or elsewhere in this colony (which God forbid) you might in some measure be in readiness to defend yourselves, or if need be, to relieve your neighbors according to the power given you by the King in your charter, and to us in the King's commission and instructions."
Upon these proposals the Assembly took immediate action. For the oath required in the first, they plead the scruples of many in the colony against that particular form, but prepared "an engagement " of similar purport, and which, so far as concerned its binding force, was to the same effect. This was to be administered to all the free- men at their next town meetings, whoever refused to take it was to be disfranchised, and no one could be admitted a freeman without first taking it. The second proposal was accepted, and the mode of application for those who
319
ACTION OF THE ASSEMBLY UPON THE FIVE PROPOSITIONS.
desired to be made freemen was prescribed. The third met with the cordial concurrence of the Assembly. It was in unison with the spirit of the colony, and with the terms of the charter. In embodying it in the instructions of the commissioners, for the good of all the American colonies, Charles II. exhausted the force of his famous promise con- tained in the Declaration of Breda. The toleration thus extended to the remote dependencies was denied to those to whom it had first been pledged. The hearty accept- ance by the Assembly of this recommendation contrasts with the qualified assent given to it by Plymouth, the most liberal of the other colonies, where payment for the support of the settled ministers was insisted upon, in their reply, to be made by all " until they have one of their own." The essence of an established church, the compulsory sup- port of its clergy, was thus maintained even in the liberal colony of the Pilgrims. Connecticut assented to the same proposition on condition that the maintenance of the public minister was not hindered.1 Upon the fourth pro- posal the Assembly declared that all acts of the nature re- ferred to were repealed when the King was proclaimed, and a further revision of the laws was ordered for that spe- cific purpose. It was probably owing to this step that the leaf of the Warwick records was afterwards torn out by order of the town.2
In obedience to the last command, to place the colony in a posture of defence, the Assembly passed a militia law requiring six trainings a year, under a heavy penalty, and allowing nine shillings a year for the pay of each enlisted
1 S. P. O. New England, v. i. p. 248-58.
2 The inscription records the contents and is as follows : " This leafe was torn out by order of ye towne the 29th of June, 1667, it being y' submition to ye Stat of England without ye King Majesty, it being yo 13th page." Yet a former entry to the same effect as the one here destroyed seems to have es- caped the observation of the clerk, and remains to this day on the ancient records of the town as passed March 8th, 1652-3. The Providence records were not mutilated, and the entry remains in the same words as that of War- wick.
CHAP. IX. 1665. May.
320
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. soldier. Every man was required to keep on hand two pounds of powder, and four of lead. Each town was obliged 1665. to maintain a public magazine for its own defence, for May. which Newport was taxed fifty pounds and the other three towns each twenty pounds.
Coddington, who with Easton and others had become Quakers, had sent a paper to the commissioners in March, of what nature we are unable to say, to which an answer was made immediately and communicated to the gov- ernor, to be presented to the Quakers in presence of the Assembly. This was done, and at the same time a copy of the five propositions was served upon them to consider and obey.
15.
The action of the General Assembly, in private cases, was not limited in these early times, to legislative meas- ures. Indeed the Court of trials was made up from its members, and the whole body often exercised strictly ju- dicial powers upon petition of individuals. Not only were divorces granted and a separate maintenance award- ed to the wife, but the whole property of the husband was attached and held by the Assembly, until the pro- visions of the decree had been satisfied. In the case of John Porter, at this session, they went even further, and annulled all transfers of property, that had been made by him since the separation from his wife, which had not al- ready been recorded. Upon his settling a satisfactory estate upon the wife these disabilities were removed.
Criminal causes were likewise tried, upon petition, by the Assembly. Peter Tollman applied for a divorce from his wife on the ground of adultery. The woman, being brought before the Assembly, admitted the charge. The petition was granted at once, and then the criminal, upon her own confession, was arraigned for sentence. The pen- alty was a fine and whipping, and she was accordingly sentenced, by the terms of the law, to pay the fine of ten pounds, and to receive fifteen stripes at Portsmouth on
321
PROPOSED HARBOR AT BLOCK ISLAND.
the ensuing Monday, and on the following week another fifteen stripes at Newport, and to be imprisoned until the sentence was fulfilled. Upon her petition for mercy the Court again examined her as to whether she intended to return to her husband. This she refused to do upon any terms. Her petition was denied, and she was re- manded for punishment. 1
CHAP. IX. 1665. May.
The wide distinction recognized in our day between the three branches of government was not so early under- stood. Under the first patent the President and Assistants were executive officers, and had no share in legislation in virtue of their position. By the royal charter the governor and council became ex-officio legislators in common with the deputies, and all alike exercised judicial powers. At this time they sat together as one House of Assembly, and although a movement was made the next year to alter this system, it was still thirty years before the two bodies were fully recognized as separate and co-ordinate branches of the legislature, and more than eighty years before judi- cial powers ceased to be exercised by them, upon the establishment of a supreme court of judicature.
The necessity of a harbor at Block Island was so ap- parent to the first settlers, that they took the earliest oc- casion afforded by the presence of their deputies in the General Assembly, to petition for a committee of inquiry upon the subject ; and so important was it, in the opinion of the Assembly, that the governor, deputy governor, and John Clarke, were appointed to visit the island to see if a harbor could be made there, and what encouragement could thus be given to the fisheries. This was the first movement in a matter that has ever since occupied, at
1 She escaped from prison and was gone two years. Upon her return to the colony in May 1667, she was arrested and petitioned the Court for miti- gation of sentence. The fine and one-half of the corporal punishment was remitted, and the remainder, fifteen stripes to be inflicted at Newport, was ex- ecuted.
VOL. I .- 21
322
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. various times, the public attention, and which has re- IX. cently assumed its proper form as a national measure, 1665. more important to American commerce than to the hardy May. islanders themselves.
The Warwick men had presented to the commissioners, upon their first coming to Rhode Island, a petition set- ting forth the grievances they had suffered from Massachu- setts, and asking redress. They had in vain sought jus- tice from their oppressors, by letters and remonstrance, before appealing to the king,' and had once voluntarily informed the United Colonies of their intention to appeal, so that they might prepare their answer to the crown .? Attention to their case was within the scope of the royal commission. It was presented in proper season, and laid before the authorities of Massachusetts for them to answer. This they did at the session of the General Court, in a very lengthy, abusive, and rambling document, made up of theological discussion, personal invective, and positive misstatements, wherein they profess "to compare the petition, first, with its authors, second, with their princi- ples, and third, with the whole transaction," and which they style "an apologetical reply." 3
The commission itself was very distasteful to Massa- chusetts. They regarded it, justly, as an interference by the crown with their self-assumed prerogative to con- trol New England, and they dreaded that any such power should come among them. The proceedings of the com- missioners were bitterly denounced by the General Court. Among the alleged wrongs committed by them, "the great countenance given to the Rhode Islanders," and their " calling, in their public declarations, the United Colonies ' that usurped authority,' " occupy a conspicuous
1 One of these letters dated August 22d, 1661, is printed in R. I. H. C., ii. 224-31.
2 Sept. 1, 1651. R. I. H. C., ii. 217-19.
3 The petition and answer are given in full in M. C. R., vol. iv. Part ii. p. 253-65, and in R. I. H. C., ii. 231-45.
30.
323
MASSACHUSETTS AND THE ROYAL COMMISSIONERS.
place. The temper of the Court may be gathered from a CHAP. letter to the author of the petition, by one of the com- IX. - May.
missioners, while the subject was under discussion in that 1665. body.1 The controversy was again transferred to Eng- land. The General Court, fearing the effect of such a report as the commissioners must necessarily make, Aug. 1. adopted an address to the King, sufficiently humble in its terms, but peevish in its spirit, complaining that the commissioners had violated the royal instructions by frus- trating the objects for which they were sent. Deprecat- ing the misrepresentations that these commissioners would probably make with regard to Massachusetts, the address vaunts the superiority of its authors by denounc- ing most of those who complain against them, "as In- dians, Quakers, libertines and malefactors." It concludes with a display of piety and loyalty as repulsive, in this connection, as it was unfounded.2
Most of the towns being still in arrears for the debt due to John Clarke, the General Assembly renewed the order to collect the tax, and notified the delinquent towns to that effect.
The commissioners, having completed their examina- tion of all the New England colonies, seven in number, sent home a long report, giving a sketch of the history and ac- tual condition of each one. That concerning Massachu- setts is the longest and expresses the most dissatisfaction. It was the last colony visited, as the commissioners vainly hoped that the condescension of the other colonies might
1 " Mr. Gorton. These gentlemen of Boston would make us believe that they verily think that the King has given them so much power in their char- ter to do unjustly, that he reserved none for himself, to call them to an ac- eount for doing so. In short they refuse to let us hear complaints against them, so that, at present, we can do nothing in your behalf. But I hope shortly to go for England, where, if God bless me thither, I shall truly rep- resent your sufferings and your loyalty. Your assured friend, George Cart- wright. Boston, 26th May, 1665." R. I. II. C., ii. 246. The government copy is in British S. P. O. New England papers, vol. iii. p. 3.
2 M. C. R., vol. iv. Part ii. p. 274-5.
Oct. 25.
Dec. 14.
324
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. 1665. Dec.
tend to diminish the refractory spirit there shown ; but they could not obtain a hearing even upon some cases specified in the royal letter, to be determined by them.1 The substance of the report on Rhode Island may be gathered from what has before been written. Of the Narraganset Bay, it says, "it is the largest and safest port in New England, nearest the sea, and fittest for trade." A very remarkable point in this report is the al- lusion to what is probably the earliest known temperance petition, that of Pessicus, Sachem of the Narragansets, desiring " the commissioners to pray King Charles that no strong liquors might be brought into that country, for he had thirty-two men that dyed by drinking of it." This and all the other original papers referred to, were un- fortunately lost, the ship in which Col. Cartwright sailed for England having been captured by the Dutch.
28.
1665-6. Jan. 3. 9.
Feb. 24. 28.
Although the labors of the commissioners were now apparently ended, some of their decrees remained un- noticed, and required further attention. Pumham still lingered in the sylvan retreat of Warwick Neck. Sir Robert Carr held a conference with Cheesechamut, son of the old Sachem, at Smith's trading house, that resulted in an agreement to remove at once beyond the bounds of Kings Province, upon receiving the ten pounds that Pes- sicus was to have, and ten pounds more from the people of Warwick. He acknowledged receipt of thirty pounds, be- ing ten pounds more than was formerly promised, and six days later the additional ten pounds was paid into the hands of Pumham. John Eliot, the Indian apostle, im- mediately wrote to Sir Robert Carr, interceding in behalf of Pumham, but without effect. Sir Robert, after waiting nearly a month, sent a peremptory order for the Indians to move within one week, and also replied to Eliot, rather sharply, for what he justly considered an ill-timed although
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