USA > Rhode Island > Providence County > Providence > History of the state of Rhode Island and Providence plantations, Vol. I > Part 29
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337
WESTERLY INCORPORATED.
The General Assembly met on Tuesday, a recent law requiring them to meet the day before election, that a full attendance might prevent delay in the choice of officers. Benedict Arnold was again made governor, and John Clarke was chosen deputy governor. There was but little change among the other general officers. The Harris party again prevailed in the choice of the three Assistants from Providence ; William Harris himself be- ing, as before, one of the number. On Saturday they ad- journed for the Court of Trials, and met again the fol- lowing Friday, when the letter from Connecticut of the previous October, was read, and a reply was sent, apologiz- ing for the delay, and accepting the proposal to send com- missioners to New London. The letter was forwarded by a special messenger, whose expenses, as also were those of the committee named in the letter, were paid by volun- tary contribution on the spot. The sums thus raised were to be deducted from the amount of the next tax. Misquamicut, as it had heretofore been called, was now incorporated as the fifth town in the colony, and named Westerly. Two deputies were allowed to it, and the
town, but do order that the clarke put it on a file where impertinent papers shall be kept for the future; to the end that those persons who have not learned in the school of good manners how to speak to men in the language of sobriety (if they be sought for) may be there found." Warwick records, March 25th, 1669, (New Year's day, O. S.) We doubt if the idea of an "im- pertinent file" ever entered the minds of any other people, or if anywhere else in the arrangement of State Papers, so expressive, yet so convenient, a classification was ever employed. We have already referred to one document, "the pernitions letter " of Roger Williams, which probably served as the foun- dation stone for this remarkable structure. The notion of keeping a sepa- rate file for disagreeable communications was not started till this second let- ter, "indicted in hell," was received. This was not the last of the kind, as we shall presently see, and the character of the documents consigned to this significant receptacle, seems to have grown worse and worse as the collection increased. It is much to be regretted that the "impertinent file," or as it was afterwards termed more energetically, the " damned file," has disappeared, with many other of the records of this ancient town, for it would no doubt furnish materials that would amply justify the votes of the townsmen.
VOL. 1-22
CHAP. IX. 1669. May 5.
8.
14.
338
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. usual courts for the trial of small causes, were there or- IX. ganized. John Clarke was desired to write to Providence 1669. May 14. to persuade the people to settle the quarrels there ex- isting. At the same time a measure was adopted that produced a contrary effect in Warwick. Execution was granted to William Harris against Edmund Calverly, and John Harrod of Warwick, unless the litigants should at once come to a mutual agreement, in the case of a land dispute of long standing between them, upon which Har- ris had recovered judgment in the courts. Against this act, John Greene, Assistant, and the deputies from War- wick, of whom Calverley himself was one, protested, and desired to have their protest entered, but were refused, al- though the fee was tendered for that purpose to the re- corder. The town took up the matter in public meeting, refused to assist in serving the execution, and entered the protest upon their records in full, with the grounds of their action.1
21.
The council appointed six additional justices of the peace in Kings Province, one of whom was Richard Smith, the earliest settler in Narraganset, and who had formerly given so much trouble in connection with the Atherton Company. In the commissions issued to these justices, the bounds of Kings Province are accurately de- fined. They embraced all of the present State west of the bay, south of the latitude of Warwick, being the south half of Kent and the whole of Washington counties. Monthly meetings of the council were established, but the posture of affairs caused them to be held much oftener at this time. Governor Lovelace, who had succeeded Col. Nichols at New York, wrote to Rhode Island con- cerning a plot against the English, supposed to be form- ing between the Long Island Indians and Ninecraft, sa- chem of the Narragansets. The governor and council of Connecticut also wrote on the same subject. The coun-
July 5.
8.
! See Warwick records, June 7th, 1669.
339
EXAMINATION OF NINECRAFT.
eil met at once, and sent some discreet persons to Narra- CHAP. ganset to inquire into these complaints. They found IX. n some emissaries from Philip of Mount Hope at the camp 1669. July 20. of the sachem, which confirmed their suspicions. On their return the Council issued a warrant to apprehend Ninecraft and bring him before them. A violent storm, that lasted two days, preventing the immediate service of the writ, it was renewed, and a letter was at the same 22. time written to Plymouth, advising that colony to ques- tion King Philip on the subject. Ninecraft appeared be- fore the Council and sustained a long examination. He declared his innocence of the charge of conspiracy, and 28. explained many suspicious circumstances that were brought against him, but his, answers not being in all re- spects satisfactory, he was dismissed upon his promise to appear again if sent for. Letters were sent to Connecti- 29. cut and to New York, giving details of the examination, and desiring that any evidence in their possession against Ninecraft might be forwarded in season for his next ap- pearance before the Council. A broil between some English and Indians soon occasioned another meeting of 18. the Council. Summons were sent to Ninecraft and Maw- sup, another sachem, to appear before them. The Coun- 19. cil recommended the five towns to take speedy measures for defence, and also required the justices to assemble all the people of the villages for consultation on the same 26. subject. The two sachems appeared, with the ringleader in the recent broil, who was bound over for trial. Four 27. Long Island Indians accompanied Ninecraft. They were examined at lengthi, and so clearly explained what had 28. caused the rumors of a plot, that the whole were dis- charged, and the excitement soon passed away.
The Commissioners of the United Colonies took up the complaints of the people of Stonington, denounced Rhode Island, and advised that the General Court of Con- necticut should demand satisfaction, and if refused, that
Sept. 13.
340
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. notice should be given to the several colonies, and their IX. advice asked upon the mode of seeking redress. The 1669. New England league exercised less influence than for- merly. It had become essentially weak, and a proposal Oct. to revise the terms of union was submitted at this time, but although it was approved and acted upon, nothing de- cisive resulted.1 In a few years the confederacy expired by default, and Rhode Island was thus relieved from what had often been to her a source of oppression, and had al- ways given her great annoyance.
4.
ยท So far from an amicable settlement with Harrod, as desired by the Assembly, Harris, the repeated verdicts in whose favor entitled him to the final process of the law, wrote to him a letter, wherein he so abused the people of Warwick that it was made the occasion for a town meet- ing. An address was prepared to be presented to the Assembly, condemning the conduct of Harris as danger- ous to the existence of the colony. The address was read at the next town meeting ; and the feeling of the town was expressed in a vote too plainly to be mistaken.2 The letter was read in the General Assembly, and the parties to the lawsuit were earnestly entreated to settle their dif- ferences by arbitration, but in vain.
18.
27.
The quarrel at Providence was renewed with fresh vir- ulence. Certificates from two town clerks, claiming to be legally chosen, were presented, one of which declared that there had been no election of deputies, and the other cer-
' Hazard's State papers, ii.
2 " Voted, That the letter prepared by the town council touching William Harris shall be read, which was done accordingly, and ordered to be signed by the town clark in the name of the town, and by the deputies to be deliv- ered to the next General Assembly, by a unanimous consent; and that the town clark do put the paper of William Harris, that occasioned the letter, upon the dam- file amongst those papers of that nature." Warwick records, 18th Oct., 1669. It will be seen by this that the remarkable file, referred to in the note a few pages back, was rapidly increasing in size, and becoming more intense in its character.
341
INTERNAL TROUBLES.
tifying to the election of the four deputies who claimed CHAP. their seats under it. They were rejected, so that Provi- IX. dence was unrepresented at this session. This deplorable 16 69. feud caused the Assembly to appoint a special committee Oct. of five to go to Providence, and call a meeting of the townsmen, to endeavor to persuade them to refer the sub- jeets of dispute to the decision of disinterested parties. If this was agreed to, they were then to call a town meet- ing to elect officers and deputies ; meanwhile all actions at law growing out of this quarrel were to be suspended till another meeting of the Assembly. The six hundred pound tax, the real cause of much of the disaffection now existing in the impoverished colony, was not yet all col- lected. The powers of the committee were renewed, and the sergeant was ordered to distrain at their bidding. Warwick prepared to resist this act, and warned Harris Nov. 16 not to enter the town without leave.
The Council of Connecticut wrote to the men of Wes- terly to require them to give satisfaction for injuries in- flicted, not only upon those of Stonington, but also upon the heirs of the Atherton company, saying that time would be allowed them till the next March to arrange these matters. No notice was taken of this missive till the time had expired, when an answer was returned, re- ferring to the injuries formerly received by them from the Stonington men, and stating that if Connecticut had any complaints to make, the Courts of Rhode Island would do justice to the litigants.
An extra session of the Assembly was called in conse- quence of internal, as well as of external troubles. Four men 1 were appointed to go to Providence, two of whom were empowered to make a list of the freemen, and to call a meeting of all such to elect officers and deputies, and to forbid any others from voting under peril of arrest as
1 John Easton and Joshua Coggeshall, with Lott Strange and Joseph Tor- rey added for counsel.
18.
1669-70. March 11.
22.
342
HISTORY OF THE STATE OF RHODE ISLAND.
March
CHAP. IX. rioters. All names, titles and passages in the laws de- rogatory to the King, which under the various govern- 1670. ments prior to the restoration had been used, were for- mally repealed ; but the laws in which they occurred were to be retained in full force. This was simply carrying out, more fully than had yet been done, the recommenda- tion of the royal Commissioners on that point. A spe- 25. cial commission was issued to the justices of Kings Prov- ince to arrest any person pretending authority from Con- necticut, or elsewhere, who should presume to exercise jurisdiction in that province.
April 2. 11. 28.
The Providence committee performed their duties by calling a town meeting, at which officers, selected from both the contending parties, were legally chosen. Affairs at Warwick proceeded less quietly. Writs were served upon the town clerk and upon Samuel Gorton, sen., and John Wickes, sen., two of the town Council, at the suit of the Attorney General, for debts due to the colony by the town on account of the old tax of 1664, and they were imprisoned. The town protested against this act as repugnant to the laws of England, and agreed to stand by their officers and each other in resisting it, in a paper entered upon their records and signed by nearly all the freemen. This difficulty was soon after settled.
May 4. 10.
At the general election the same officers were chosen, but John Clarke declining to serve again as Deputy Gov- ernor, Nicolas Easton was chosen in his place. In the choice of second Assistant from Providence, there being some doubt which of the rival candidates, William Har- ris or Arthur Fenner was elected, and neither being will- ing to serve under these circumstances, Roger Williams was chosen to that office. A committee was appointed, upon petition from Block Island, to obtain contributions for making a harbor there.
12.
The Connecticut Assembly appointed a committee to meet such as Rhode Island might authorize, to treat on
343
THE KINGS PROVINCE DISPUTE.
the question of boundary at New London, with full pow- ers to settle all disputes, and also in case Rhode Island refused to treat, to reduce the people of Westerly and Narraganset to submission. A letter to that effect was sent to Gov. Arnold. The people of Stonington renewed their former petition for redress. Gov. Winthrop now took that manly stand, against the popular clamor, which his own high sense of personal honor and of public right dictated. In a formal message to his Legislature he dis- sented from the extreme course they had decided to adopt, and refused, upon the ground of his agreement with Dr. Clarke, to exercise jurisdiction east of the Pawcatuck river until his Majesty's pleasure was further known, or till the question should be settled by treaty. The Gov- ernor and Council of Rhode Island replied to the Con- necticut letter, deprecating the threats it contained, ex- pressing a desire for peace, and agreeing to the proposal to send Commissioners to New London. A special ses- sion of the Assembly was called to appoint them. John Greene, Assistant, Joseph Torrey, Recorder, and Richard Bailey, Clerk of the Council, were empowered to treat on the part of Rhode Island. Their instructions gave them full powers, within the terms of the charter, and of the decree of the royal Commissioners. The two committees met at New London. The negotiations were conducted entirely in writing, at the suggestion of the Rhode Island men. They occupied three days, and embrace seventeen letters. Connecticut claimed jurisdiction over Kings Province by her charter. Rhode Island replied that that only could mean Narraganset river, in the charter, which was therein expressly described to be such. This was the substance of the whole correspondence, which closed by an assurance on the part of Rhode Island, that if Con- necticut should attempt to usurp the government of Kings Province she would appeal to the King. Thus ended this fruitless effort at conciliation. The Connecti-
CHAP. IX. 1670. May
13.
17.
23.
June 7.
14 to 16.
344
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. cut men, the same evening, read a declaration of their IX. intention to establish a government at Westerly, and 1670. Wickford, in his Majesty's name. The next day they June 17 went to Stonington and formally proclaimed the author- ity of Connecticut over the people of Westerly, and sum- moned them, as being a part of the township of Stoning- ton, to submit thereunto. They also issued a warrant to John Frincke to warn the inhabitants east of Pawcatuck river to appear the same day at Captain Gookin's house, in Stonington, to hear the proclamation, but they failing to obey the summons the paper was publicly read on Goo- kin's land. That night Frincke and two of his aids were arrested and sent to Newport jail, by James Babcock, sen., a Rhode Island officer, under a warrant issued by Tobias Saunders of Westerly. Saunders and Babcock 18. were in turn arrested and brought before the Commis- sioners, to answer for the seizure of Frincke. They ad- mitted the charge, defending it by virtue of their com- missions as Rhode Island officers, and were discharged on 19 bail. The next day news of these occurrences reaching Newport the Council was called together. A commission 20. was issued to certain officers to proceed to Narraganset, there to forbid any one usurping government under au- thority from Connecticut, and to bring any such as pris- oners to Newport, or in case of resistance, to read pub- licly the prohibition, and then to deliver it to the offend- ing parties. The Connecticut Commissioners, with a force of fifty mounted men, went to Wickford on that day, proclaimed their government and read their charter. They then sent messengers to Petaquamscut, who were 21. seized on the road, but were afterward delivered up on re- quisition. At this juncture the four men 1 sent by the Council at Newport reached Wickford, bringing the pris- oner Frincke with them, and delivered their letter to the Connecticut officers. It was immediately answered in a
Joseph Torrey, Richard Bailey, James Barker and Caleb Carr.
345
THE KINGS PROVINCE DISPUTE.
tone corresponding to the policy that Connecticut was CHAP. now engaged, with a high hand, in carrying out. Har-
IX. vard college had received a grant of five hundred acres of 1670. land in Southertown, at the time of the annexation by June. Massachusetts, and now petitioned Connecticut for relief 21. 22. against the people of Westerly. A similar proclamation to that at Stonington was set up at Wickford, nailed on the door of Captain Hudson's house, and local officers were appointed to administer the government in behalf of Connecticut. The like declaration was also made at
Petaquamscut. The next day they went to Stonington and issued another proclamation, warning the Rhode Isl- and officers not to exercise authority in Westerly, and enjoining upon the people of that town obedience to the magistrates, named in the paper, appointed by Connecti- cut. They also gave them liberty to use the County Court at New London for justice when required. Upon these bold proceedings being known, the Council of Rhode Island called a special session of the General Assembly to meet at Warwick on the following Wednesday. This was the first session under the new charter that had been held at any other place than Newport. The proximity of Warwick to the scene of disturbance doubtless occa- sioned this deviation from what had now become a settled usage. The charter named Newport as the place for the Assembly, but permitted it to be held " elsewhere, if ur- gent occasion doe require." The Assembly appointed Governor Arnold, as the agent of the colony, to proceed to England, there to defend the charter against the in- vasions of Connecticut ; or if he could not go, then Dr. John Clarke, who had obtained the charter, was appoint- ed, with Capt. John Greene, Assistant, of Warwick, as joint agents for this object. The Governor was requested to write to Connecticut and the other colonies, as also to New York, on the same subject.
A debt of eighty pounds still due to Richard Dean
23.
24.
29.
346
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. for services in obtaining the charter, was paid by a loan from private individuals to the colony, and a tax of three 1670. hundred pounds was levied to meet the expenses of the new agency. Of this tax Newport was assessed one hundred and twenty-three pounds, Providence and Ports- mouth fifty-one each, Warwick thirty-two, Petaquamscot sixteen, Block Island fifteen, and Conanicut twelve pounds. The most favorable result of this Assembly was July that it quieted the feeling of discontent, so rife in War- wick for six years past, if we may judge from the readi- ness with which the town now voted their portion of the new tax and of the arrears still due on the old one.
2. 11.
Gov. Arnold wrote a long and friendly letter to Gov. Winthrop, informing him of the preparations of the As- sembly to appeal to the King in the autumn, attributing the conduct of Connecticut to the influence of men ac- tuated by private interests, and also asking the surrender of a fugitive from Rhode Island, who had twice broken jail and was now harbored at Stonington.1 The murder of Walter House by Thomas Flounders at Wickford, an 12. act of private revenge, now served still further to compli- cate the difficulties between the two colonies. The Con- necticut coroner held an inquest on the body. When the 13.
Rhode Island coroner came for that purpose he was de- nied access to the corpse. He forbade the burial, which however was performed. The Council at Newport or- dered the body to be disinterred, that a legal inquest might be held, and sent a constable, with sufficient force, to arrest the murderer, and also those who had obstructed the coroner, as well as any who might attempt to prevent the execution of this order. Thomas Stanton, one of the newly appointed magistrates at Stonington, wrote to Con- necticut what had been done in the premises. The mur-
14.
1 This letter of July 11th, with all the papers relating to the acts of Con- necticut, and of the joint commission from May 12th, are printed in R. I. Col. Rec., ii. 309-328, presenting a complete documentary history of this im- portant period.
347
THE KINGS PROVINCE DISPUTE.
derer was arrested on the Rhode Island warrant and taken CHAP. to Newport. Samuel Eldredge and John Cole, two of
IX. the Connecticut officers at Wickford, who had obstructed 1670. those of Rhode Island, were also taken prisoners. Floun- July 15. ders was indicted for murder, and afterwards, in October, was tried and executed. The two officers were commit- ted to the custody of the Sergeant till they should give bail to appear at the October Court. The Council of Connecticut appointed another constable at Wickford in 21 place of Eldredge, and issued warrants to arrest Samuel Wilson and Thomas Mumford, the Rhode Island officers who had torn down the declaration of authority that had been set up by the Commissioners at Hudson's house. They also wrote a letter to Rhode Island, complaining of the zeal with which she strove to maintain her rights over the Kings Province.
That the people of Connecticut were not unanimous in their approval of the conduct of their authorities in such high-handed proceedings, but that these were insti- gated, as Gov. Arnold intimates in his letter to Gov. Winthrop, by parties having private interests to subserve, appears, not only by the refusal of Winthrop to exercise jurisdiction, as Governor, cast of Pawcatuck river, but also in a letter from Major John Mason of Norwich, to the Connecticut Commissioners, enclosing that celebrated letter, recently received by him from Roger Williams, which contains so lucid a sketch of the early history of Rhode Island.1 Mason, in this communication, depre- cates the action of the Commissioners in Narraganset as unwise, and describes the territory to be gained as of doubtful value compared with the cost of contesting it, and significantly suggests that " the toll may prove to be more than the grist."
The General Assemblies of Connecticut and of Rhode
1 This important letter is printed at length in 1 M. II. C. i. 275-283, and in part in R. I. H. C., iii. 159-163.
Ang. 31.
Oct. 13.
348
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. IX. Island met on the same day, one at Hartford, the other at Newport. The Connecticut Commissioners reported 1670. their proceedings at Narraganset, which were approved, Oct. 13. and the officers named by them in Kings Province were confirmed. The former bounds of Southertown, as incor- porated by Massachusetts, were granted to Stonington, which included the whole of Westerly. A new set of Commissioners, including one of the former body, were appointed to treat once more with Rhode Island on the questions at issue, and were invested with the same pow- ers that their predecessors had received. Governor Win- throp sent in his resignation to this Court, but it was not accepted. The posture of affairs in Rhode Island is sup- posed to have influenced him in this step, as he had pre- viously refused to violate his agreement with Clarke, and to trample on the rights of Rhode Island.
15.
The Assembly at Newport issued new summons to the witnesses at Wickford to attend at the trial of Flounders, the former ones having been seized by a Connecticut offi- cer before they could be served. A conciliatory letter was sent by two messengers to Connecticut, desiring that an easier mode of settling the differences than by appeal to England might be devised, and relying upon the tem- perate spirit of Gov. Winthrop's letter, it suggests a new commission, and that Connecticut meanwhile should forbear to exercise jurisdiction in the King's Province. To this overture Connecticut replied, approving the acts of her Commissioners in June, dissenting from the points of Gov. Arnold's letter of July, and accepting the proposal of a new treaty, but declining the proviso upon which the offer was made, that Connecticut should in the interval suspend the exercise of authority in Narraganset. This of course put an end to further negotiation, and Rhode Island resumed her preparations for a final appeal to the King. A special session of the Assembly was held, at which it was ordered that such persons as were qualified
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