USA > Rhode Island > Providence County > Providence > History of the state of Rhode Island and Providence plantations, Vol. I > Part 28
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1 The entire report is in S. P. O. New England, vol. i. p. 248-58. The Report on Rhode Island is in R. I. Col. Rec., ii. 127-9.
325
REMOVAL OF PUMHAM.
well intended, interference on the part of the missionary, CHAP. for whose satisfaction he graciously forwarded copies of the IX. transactions in regard to Pumham. Roger Williams also 1 666. wrote to Carr upon the same subject, giving the history March 1. of the dispute, and wisely advising him that force could effect nothing permanent against Pumham, until the commissioners had first reduced Massachusetts to obedi- ence to his majesty, because these Indians were sustained by Massachusetts in their resistance. He concludes by suggesting that they be allowed to remain until harvest, that thus, through his mediation, a peaceable adjustment may be reached. Sir Robert sent for Mr. Williams, and, satisfying him of the proceedings, obtained his active as- 5. sistance in the immediate removal of Pumham. Thus this " old ulcerous business " was finally concluded, to the great relief of the people of the colony, who, for more than twenty years, had been harassed by the intrigues of their neighbors with these turbulent natives.'
The delay of the towns, in paying Dr. Clarke, called forth a severe letter from Roger Williams, addressed to Warwick, as the greatest delinquent, which gave deep of- fence. It was received on a training day, and was read at the head of the company ; not an unusual mode of publi- cation in those times, for even the banns of marriage were by law proclaimed in the same manner. The action of the town is worthy of note. It was at once emphatic, and under the circumstances, feeling as they did insulted by the tenor of the missive, it was perhaps the most digni- fied course they could adopt. They "voted that the said letter is a pernicious letter, tending to stir up strife in the town, and that the town clerk record this vote and send a copy of it to Mr. Williams, as the town's answer to the
1 The orders and letters here referred to, relating to Pumham, are printed in R. I. Col. Rec., ii. 132-8. The diligence of Secretary Bartlett in collect- ing the documents that go to make up a continuous history of the State, and inserting them between the bare records of the Assembly's proceedings, is worthy of all commendation.
26.
326
HISTORY OF THE STATE OF RHODE ISLAND.
IX. 1666. March
CHAP. said letter, no man dissenting." It should be remembered that Warwick had, at the time, protested against her proportion of the tax, giving some cogent reasons for her dissent ; and it is probable that Williams's letter was not so mild in its language as so delicate a subject required. But that the colony agreed with his view of the case ap- pears from the action of the Assembly that met the next 27. day. The Warwick protest was considered, and it was ordered "that a letter shall be sent to them from the Court to provocke and stirr them up to pay the rate 29. spedilye," and a similar letter was prepared to be sent to Providence.
The form of the engagements to be taken by freemen and officers was a frequent matter of legislation. So great was the variety of opinion, and the latitude given to ten- der consciences in the colony, that it was a work of time to devise some form of words that should not be objection- able to any. Verbal alterations and slight modifications were made at different sessions, some of which, in our less scrupulous times, appear puerile. At this session a com- mittee consisting of the Governor and Nicolas Easton, the latter being a Quaker, reported upon the subject of the freemen's engagement, recommending either the form al- ready prescribed by the Assembly, or the oath of allegiance as required in England, or if objections to either of these forms existed, the party might adopt any equivalent words satisfactory to the Court.1
An important subject brought to the notice of previous
1 The officers' engagement was adopted May 1664, altered May 1665, amended May 1667. See R. I. Col. Rec., ii. 57, 97, 187. That for the free- men was adopted May 1665, modified March 1666, pp. 112, 141-2, and gave rise to the slander circulated by Brinley in 1 M. H. C., v. 219, and transmit- ted by Holmes, Annals, 1, 341, that the Quakers were outlawed by Rhode Island in 1665. This has been sufficiently refuted by Judge Eddy in 2 M. H. C., vii. 97; by Knowles' Memoir of Roger Williams, 324, and cursorily by Bancroft U. S., ii. 67. In fact at that time there were two Quakers, if not more, members of the Assembly, and one of them was the next year, 1666, chosen Deputy Governor.
327
MODE OF ADMITTING FREEMEN.
Assemblies by petition from Warwick and Portsmouth, 1 was now acted upon. This was that the deputies miglit sit apart from the magistrates as a separate House, thus 16 66 creating two Houses of Assembly, with equal powers, acting as a check upon each other. The rule was adopted, to take effect in May, when the details of the change were to be settled. This act was soon afterwards repealed, and the measure was not adopted till thirty years later. The April 10. King having received from the commissioners an account of their proceedings in New England, wrote to the colony, expressing his approbation of its conduct, and promising his continued favor and protection.2
CHAP. IX.
May 2.
At the general election Governor Arnold retired from office. He had served for three years, since the adoption of the new charter, and had been for four years president of the colony under the first patent. William Brenton, who had been deputy governor for the past three years, was chosen governor, and Nicolas Easton was elected to fill that place. The same general officers were re-elected except Torrey, general recorder, who gave place to John Sandford, but there was a great change in the list of As- sistants, only three of the former ones being retained. It was the practice to admit as freemen those whose names were sent in for that purpose by the clerks of the respec- tive towns, as well as those who personally appeared before the Assembly, being duly qualified. A large number were thus admitted from all the towns at the opening of this session. It was also allowed to the former Assistants, by law, to sit as deputies in the General Assembly, in the ab- sence of a full delegation, a contingency which now actually occurred, so that several of the old Assistants were sent for to aid the Court. William Blackstone petitioned for re- lief from molestation by Plymouth in regard to his lands.
1 See Warwick Records, Oct. 8, 1664, and Portsmouth Records Feb. 21, 1664-5.
2 The letter is in R. I. Col. Rec., ii. 149.
328
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. The petition was recorded, and answer returned that, if his land proved to be within this jurisdiction, justice should 1666. be secured to him. The Assembly, or Court as it was May commonly termed, could not proceed to legislation owing to the absence of deputies, and after waiting two days for 4. their appearance, adjourned till June, but for some cause no session was held till September. At that time, the Sept. 4. capture of Col. Cartwright by the Dutch, with the loss of all his papers, having been known, a new address to the King, and letters to Lord Clarendon were ordered. Maps of Plymouth, Connecticut and Rhode Island were prepared to accompany this address, in order to show their respec- tive boundaries, which it was prayed might be confirmed ac- cording to the charter. The letter to Lord Clarendon ex- presses regret that no adequate return can be made by the colony for the many favors he has conferred upon it, but states that the colony had designed to set apart a tract of one thousand acres, suitable for a farm, and to beg his acceptance thereof. The present wants of the colony, for which they petition, are, that Narraganset bay should be fortified, that such commercial privileges be extended as may develope the resources of the place, and that a portion of the fund for propagating the gospel among the Indians may be applied to establish a school for the Nar- ragansets. Enclosed in this letter was a paper setting forth seven reasons why the Kings Province should remain a part of Rhode Island, and another paper presenting also seven arguments why the eastern line of the colony should be made to conform to the terms of the charter.
The difficulty experienced of late, owing to the non- attendance of deputies, who hitherto had served without pay, caused the passage of an act to pay all the members of Assembly, and of the Courts, three shillings a day, while employed on these duties. The per diem of the Assembly- men was not paid in cash, but their accounts, certified by the Moderator, were to be allowed in offset of taxes levied
329
A SPECIAL TAX TO PAY DR. CLARKE.
in their respective towns. The Court fees were paid in CHAP. cash, upon orders, signed by the governor, to the public IX. treasurer. In case of absence a fine of six shillings a day was imposed. If the general sergeant, or any town, failed to give due attention to the summons of the governor calling an Assembly or a Court of Trials, a fine of five pounds was imposed upon the delinquent party. To hold a colony court of trial, the presence of the governor, or his deputy, and of four Assistants was required, and should that number not be present, every absentee was subjected to a similar fine of five pounds. Whoever should attempt to vote at any election, not being a freeman of the colony, was to pay a fine of five pounds, or to be otherwise punish- ed as the General Assembly might see fit ; and no one was to be admitted a freeman upon election day.
The delay in paying the debt due to Dr. Clarke was likely to involve him in serious trouble. His house was mortgaged to Richard Dean for one hundred and forty pounds, advanced some years before in London, on account of the colony. The time for payment had long passed, and a foreclosure was threatened. The Assembly now assumed the debt. A special committee of eleven men was ap- pointed, with extraordinary powers, to collect the arrears of the six hundred pound tax levied for this object two years before. The town sergeant and constables of every town and village were placed at the disposal of the com- mittee, at whose order they were to assemble the people, and to levy by distraint, if required to do so. William Harris was placed at the head of this committee, who, with any other four of the number, were to act at their discre- tion and to report, the ensuing month, to the Assembly. They were unable fully to accomplish the object in so short a time, and were continued at the next session ; and, be- cause of the difficulty of obtaining exchange on England, they were empowered to send an adventure to Barbadoes, or elsewhere, at the risk of the delinquent parties. Power
1666. Sept.
Oct. 31.
330
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. was also given them to collect arrears due upon other rates IX. laid by the colony, prior to the one for Dr. Clarke. 1666. John Clarke was appointed to make a digest of the laws, " leaving out what may be superfluous, and adding what may appear unto him necessary," and a committee of three was named, to examine the work when done, and to report at a future Assembly.
1667. May 1
The next year there were very few changes made at the general election. Charges were brought against Wil- liam Harris, one of the Assistants from Providence, for ex- ceeding his powers as an officer. The specific allegations are not given. The engagement was administered to hin notwithstanding a motion for delay. This caused a pro- test to be entered upon the records by those who thought that the charges should be examined before he was quali- fied as a magistrate.
England was now at war with France and Holland. Symptoms of disaffection on the part of the Indians were manifested. Invasion on one hand and treachery on the other threatened the feeble colony. Prompt measures were taken for defence. In each town a council of war was organized, consisting of the town council with the cap- tain and lieutenant of the train band. These were re- quired to provide ammunition to the value of fifty pounds for Newport and of twenty pounds for every other town. Commissions were issued by the Assembly to the military officers, who were required to be freemen of the colony. Cannon were mounted at Newport, and cavalry corps were formed in all the towns. The governor and council held frequent meetings between the sessions of. Assembly. Their acts were equally binding with those of the latter body. The council empowered any magistrate to require assistance in case of need, and to impress men or appro- priate property to the public service, being responsible only to the General Council. The Indians upon the island were disarmed, and the mainland towns were advised to adopt
331
PREPARATIONS AGAINST THE INDIANS.
the same measure. A few days later all male Indians, CHAP. over sixteen years of age, were sent off the island, and no IX. Englishman, above that age, was permitted to leave with- 1667. out a passport, or to go on board of any vessel that might May 10. approach the island, until her captain had reported him- self to the chief magistrate of the town. All ammunition 14. in private hands was required to be given up for the pub- lic use. A committee was appointed to examine and re- pair all arms belonging to the citizens. A special tax of one hundred and fifty pounds was levied in Newport for 18. defence. Letters having been received from Plymouth concerning a suspected conspiracy by King Philip, a com- mittee was appointed to treat with the Narraganset Sa- 21 chems on the subject, and a letter was sent to them re- quiring their presence on a certain day at Warwick. The Assembly confirmed the acts of the council, and established a series of beacons, where signal fires should be lighted in case of attack, to spread the alarm without delay over all the colony. The principal beacon was on Wonemyton- omi hill, whence the alarm could be spread along the whole coast by bale-fires on the rocks at Sachuest, at Pettaquam- scot, and on Watch hill, and northward on Windmill hill, the highest point of the island, and thence to Mooshausuck, now Prospect hill, in Providence ; and a general system of defence was adopted for all the islands and exposed set- tlements in the colony and in Kings Province. These were the preliminary steps taken in view of a crisis which proved to be still quite remote.
Internal dissensions supplied the excitement that lios- tile demonstrations failed to bring. At the annual town meeting in Providence two sets of town officers were elected, and two sets of delegates chosen to the Assembly, at two separate meetings called by the Assistants resident in the town, at the same time and place ; one by Arthur Fenner, the other by William Harris in concert with William Car- penter, another Assistant. It was the duty of one of the
June 3.
332
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. Assistants to call town meetings, but of which one, in this case, does not appear, nor is it known why two calls were 1667. issued ; but it is supposed to be owing to a sharp contro- versy then existing upon local questions relating to the town limits. The result was unfortunate in creating a bitter feeling that it required many years to assuage. A narrative of the affair, entitled " The Firebrand Discov- ered " was drawn up, by vote of the town, and sent to the other three towns. This presents the view of the Fenner faction. The other side entered a complaint to the Gov- ernor against Fenner, which led to a special session of the July 2. Assembly at which both sets of deputies appeared. The seats were awarded to the Fenner party. The complaint of Harris against Fenner, charging the latter with "acting in a route " upon town meeting day, was then examined, and Fenner with his deputies were acquitted. The town officers elected by the Fenner meeting were pronounced to be the legally chosen officers for the year. A letter was sent to Providence stating the action of the Assembly with the reasons thereof. Harris having upon insufficient grounds caused this session to be held, expressly for the trial of Fenner, was fined fifty pounds, and for other more serious reasons was expelled from the office of Assistant, two of his colleagues protesting, and another was chosen in his place. The fine was remitted the next year by advice of Col. Nichols, governor of New York, to whom Harris had complained. To prevent similar vexatious suits in future, an act was passed that no Assistant should indict any person, for matters pertaining to another's in- terest, without the sworn evidence of two witnesses under the hand of another Assistant, whose names should be en- dorsed on the bill of indictment.
The first troop of horse organized in Rhode Island re- ported for duty at Newport in August, and was commis- sioned by the governor and council. It numbered twenty-
Aug. 10.
333
WESTERLY RETALIATES UPON STONINGTON.
one men well mounted and equipped.1 The Assembly con- CHAP. IX.
tinued to the towns, till further notice, the full military powers before conferred on them. The strife about the 1667. Narraganset country still continued. The mode in which Oct. 30. Rhode Island had run her western line, beyond the Paw- catuek river, caused great dissatisfaction, and many depo- sitions on that subject were given by the people of South- ertown, or Stonington as it was now called .? Hermon Gar- ret, the English name of Wequashcooke, who had been made chief of the Pequots by the United Colonies, renewed the complaints formerly made by the Indians against the Westerly settlers, who had driven them across the river, and sought relief from Connecticut. The deputies from Stonington also complained of intrusions on the west side of the river, committed by John Crandall, who had laid out a mile square of land for his son within the limits of their town.3 These acts on the part of Rhode Island were unjustifiable. They proceeded no doubt from a spirit of retaliation in the minds of those who had formerly suffered so much from the men of Southertown. The Assembly at Hartford ordered notice of these encroachments to be given 10. to Rhode Island with a request that they be discontinued, and should this not suffice then the constable was required to arrest the intruders. A letter to this effect was sent to 17 Governor Brenton.
Massachusetts, although her claims had been super- seded by those of Connecticut, and her right to interfere, even with the Indians had been denied by the royal com- missioners, embraced an opportunity presented by the
1 Their names, from the Council records, are given in R. I. Col. Ree., ii. 218.
2 Southertown was incorporated by Massachusetts Oct. 19th, 1658. The name was changed to Mistick by the Connecticut Assembly Oct. 12th, 1665, and then to Stonington, and bounded by the Paweatuek river, May 10th, 1666. Conn. Col. Rec., ii. 26, 36.
3 Garret's petition was dated May 6th, that of the deputies was presented Oct. 10th. Conn. Col. Ree., ii. 80.
334
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. Nipmucks, who acknowledged her supremacy, to impose terms on the Narragansets. The Nipmucks petitioned 1667. for redress for spoliations committed by the Narragansets. Oct. 31. The General Court took up the matter, as of right, and settled the difficulty. It was a measure of peace and therefore commendable, but it does not admit of rigid scrutiny into the claim of jurisdiction over the Nipmuck country upon which the interference was based.' A corres- pondence was carried on between various parties in Rhode Nov. Island, and Col. Nichols, Governor of New York, as the head of the late royal commission. His replies were made in a private capacity, his power as a commissioner having, in his opinion, ceased.
1668.
May
4.
An urgent petition was presented by the town of Stonington to the Assembly at Hartford for protection against Rhode Island,2 and on the same day the people of Wickford also petitioned to be again received under the jurisdiction of Connecticut.
6.
The general election made but little change in the of- ficers, and is only remarkable for the triumph of the Har- ris party ; William Harris, notwithstanding his expulsion, being again chosen an Assistant, and the other two As- sistants from Providence being of his faction, while Fenner himself was dropped. This is the more singular as there is evidence that Harris at this time had, or was about to, become the agent of Connecticut in prosecuting her claim against Rhode Island. A very long document from his pen is preserved in the archives of Connecticut, arguing against the Assembly's apportionment of the taxes for the payment of Dr. Clarke, on the supposed ground of the rightful jurisdiction of Connecticut in the Narraganset country.3 But the governor refused to administer the engagement until Harris should clear himself from an in-
1 M. C. R., vol. iv. Part ii. p. 357-9.
2 Conn. Col. Rec., ii. 530.
3 This was filed Oct. 1666. A copy is in R. I. Hist. Soc., MSS. vol. of Conn. papers, p. 49-67.
335
CONFLICTING CLAIMS TO NARRAGANSET.
dictment brought against him for charging the Court of CHAP. Trials with injustice. The deputy Governor was less scrupulous ; by him Harris was duly qualified, and a cer- tificate sent as usual to the towns. The town of Warwick protested against this act as being irregular, and refused to acknowledge him as a legal officer.1 The town of Prov- idence sent a bitter remonstrance to the Governor and council against the election of Harris and his colleagues, but no notice was taken of it.2
Connecticut appointed agents to treat with Rhode Island upon the foregoing complaints, who were instruct- ed to require the withdrawal of intruders, to assert the jurisdiction of Connecticut according to her charter, and to demand a written reply. These propositions were sub- mitted to the council at Newport, who replied to Gov- ernor Winthrop, referring to the decision of the Royal Commissioners, and to the Pawcatuck River clause in the charter, but saying that if any violations of those terms had been committed, justice would be rendered upon due course of law.
Massachusetts again interfered in the affairs of Narra- ganset, by sending messengers to request the sachems to appear at the General Court to answer complaints made against them by the Narraganset purchasers. The Wick- ford men renewed their petition of May, to have the gov- ernment of Connecticut extended over them. The Hartford assembly desired advice from Col. Nichols on this matter. They also notified Rhode Island to send commissioners to meet a committee appointed by them to adjust differ- ences at New London.3 This notice was not received till after the Assembly had adjourned, and hence could not be acted upon before the next spring. The Wickford peti-
IX. 1668. May 13. June 1.
3.
Aug. 20.
Sept. 4.
Oct. S.
1 See Warwick records, June 1, 1668.
2 It is dated 31st August, 1668, and is found in Staples' Annals, 147-50.
3 Conn. Col. Rec., ii. 102, 103, 532-also R. I. Col. Rec., ii. 225-30, where most of the foregoing papers are printed.
336
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. tion was referred to England, and Mr. Willys, and Robert Thompson of London, were appointed to present the sub- 1668. ject for the decision of his Majesty, but nothing decisive was effected.
Oct. 29.
The General Assembly remitted the fine of fifty pounds imposed upon William Harris the previous year. Upon William Blackstone's petition, John Clarke was re- quested to write to Plymouth, warning that colony not to molest him in the quiet possession of his lands. A large number of freemen were admitted. The Assembly ad- journed until March, to give place to the Court of Trials.
1668-9. March 11.
Up to this time, it was usual for any party who was indicted to plead his own cause before the courts, but as this required more wisdom, or knowledge of the law, than every man possessed, the Assembly now enacted that any person who was indicted might employ an attorney to plead in his behalf, and further, that a pending indict- ment should not prevent any general officer, fairly elected, from holding his office ; but that he should nevertheless be subject to trial. This statute seems to be intended to meet the objections brought against William Harris by the town of Warwick. A sharp controversy existed be- tween that town and the Assistants of Newport, who sus- tained Harris in the vigorous measures he had adopted, as chief of the committee for collecting the famous tax of six hundred pounds, levied in 1664. At a town meeting, held to hear a letter from the Newport Assistants on this subject, action was taken that deserves a place among the curiosities of legislation.1
25
1 "Voted : Upon the reading of a letter directed to 'Mr. Edmund Calver- ley and Mr. John Greene and the rest of that faction,' &c., desiring to be communicated to the honest inhabitants of Warwick town, subscribed John Cranston, to the end of the chapter, dated the 20th January, 1668, and find- ing the same doth not answer the town's letter to that part of the committee, &c., who reside at Newport, touching the rate; but is full of uncivil lan- guage, as if it had been indicted in hell; Therefore the town unanimously do condemn the same, and think it not fit to be put amongst the records of the
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