USA > Rhode Island > Rhode Island : three centuries of democracy, Vol. I > Part 27
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Rhode Island played a valiant part as ally of England in the colonial wars. Her sons had shown on land and on sea rare fighting qualities. In comparisons of the contributions of man power made by the colonies, Rhode Island stands well, although in these, credit rarely is given for the service of privateers. It has been estimated that during the whole of the Old French War Rhode Island's sea fighters numbered no less than 1500 in any year, or 150
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per cent. the normal land force of 1000 men. Not all the privateering was profitable; and besides losses from this source, the colony's commerce suffered seriously from interference by embargo and the hazards of war and weather. No less than sixty-five vessels from Provi- dence, sixteen wrecked and forty-nine captured, were lost between 1756 and 1765. Newport also lost seriously.
CHAPTER IX. JEALOUS PRESERVATION OF INDEPENDENCE IN COLONIAL PERIOD.
HODE ISLAND had been fortunate-and all the world has profited from Rhode Island's good fortune-because the men who had been most prominent and most courageous in asserting and maintaining those fundamental principles of mod- dern democracy which were Rhode Island's gift, first to the nation and thereafter to suffering humanity, lived through the period of forty years from the hegira from Massachusetts beginning in 1636. The wonder working Providence of God was mani- fested in Rhode Island. John Clarke died in 1676; Samuel Gorton, in 1677; Benedict Arn- old, in 1678; William Coddington, in 1678; John Cranston in 1680-1681; William Harris, in 1681-1682; Roger Williams, in 1683. Of these, Benedict Arnold, William Coddington and John Cranston died in office while serving as Governor. In the forty years a democratical form of government had been projected, tested and perfected, the latter not nearly so much by unanimous agreement, as through valorous conflict and refinement of ideals. Rhode Island had been exactly and truly the "lively experiment" so aptly described in the Charter of 1663, and democracy had been fashioned in the white heat of passion amid turmoil so vigorous that less sturdy souls than Williams, Clarke, Coddington, Gorton, Harris, Arnold, Cranston and all those numerous other heroes of an heroic age who fought with them and against them in glorious combat might have despaired of the outcome. The motto of Rhode Island was Hope; the anchor of Hope was steadfast and secure, and the virtue gave assur- ance. The experience was educative as well as epic, because through it a host of successors worthy of the venerable patriarchs who had departed had been bred and nurtured. Rhode Island's future for a century of years from 1676 was destined to be quite as turbulent as the forty years preceding had been ; through the 100 years Rhode Island was to contend, with varying fortune, for its existence as a democratic commonwealth, until that time should come in which she would declare independence, while Congress hesitated. The Revolution cast its shadow before it for a century. Rhode Island's sons failed neither in the prologue nor in the tragedy through which Independence must be attained.
A REVOLUTION-The peaceable and amicable relations with the mother country that seemed almost to be assured by the very favorable report upon Rhode Island made by the King's commissioner in December, 1665, and by the kindly disposition manifested by the com- missioners after they had observed the "great demonstrations of their loyalty and obedience" made by Rhode Islanders, were not to continue, in spite even of the King's promise of his "constant protection and royal favor in all things that may concern your safety, peace and welfare" (1666). In 1670 the General Assembly ordered that all "passages, names and titles, in laws, acts or orders of the colony, derogatory to his majesty, his honor, crown and dignity, be utterly repealed, made null and void," saving the laws themselves, which were not to be made void. The purpose and effect of the order was to remove from the colonial record all reference to persons holding office or agencies exercising governmental functions in England from the beginning of the English revolution to the Restoration. Rhode Island was loyal to the sovereign, and the colony pursued a general policy of manifesting loyalty as occasion suggested. Up to 1672 laws were enacted generally in a form substantially as fol- lows : "By this present Assembly and by the authority thereof" or "by the Governor, Coun- cil and Representatives this present session assembled, and by the authority of the same." In August, 1673, the form of enactment for the first time mentioned his majesty, thus: "Be
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it enacted by his majesty's authority given to this Assembly, and hereby it is enacted." In the same year provision was made for having a copy of the English statutes at all sessions of the General Assembly and of trial courts, in order that the Assembly might make laws agree- able to, and that the courts might be guided in procedure and judgments in conformity with the "laws of his majesty in the realm of England." In 1674 the form of enactment was thus : "By the King's authority in this Assembly it is enacted." Thereafter return was made to the form of enactment previously in use, omitting reference to the King. The explanation of these changes is to be found in the temporary ascendancy of a group of Royalists, among them Richard Smith and Francis Brinley, who were opposed to the incorporation of the King's Province as part of Rhode Island; and to the activity of William Harris, by this time an advocate of Connecticut's claim to practically all western Rhode Island. William Harris, who had been removed from office and imprisoned, had a strong following among the Quak- ers. It so happened that the time was ripe for a mild revolution in Rhode Island, and the opportunity came with the election of May, 1672. The General Assembly elected in May, 1671, had been strongly Rhode Island and had made provision for vigorous resistance to the claim of Connecticut, including the sending of John Clarke to England as a special represen- tative of Rhode Island. To provide ways and means a tax had been ordered, and the Gen- eral Assembly enacted drastic legislation forbidding opposition to the tax, thus: "If any person or persons in any town or place within this jurisdiction shall at any time, more espe- cially in any town meeting or other public assembly of people, appear by word or act in opposition to such rates and impositions, made from time to time by the General Assembly of this colony, or that shall appear in opposition against any of the acts and orders of such Assembly made according to the Charter, by speaking against such acts or orders openly, in any concourse of people together, or that shall move to the rejecting such acts and orders when published in any such meeting in any town or place, or that shall endeavor by word or deed to send back or otherwise to slight such acts and orders; all and every such persons shall be questioned and proceeded against as for high contempt and sedition, and be made responsible at the general court of trials .... and all and every person that shall be con-
victed by their peers of any of the abuses aforesaid shall suffer
corporal punishment
by whipping, not exceeding thirty stripes, or imprisonment not exceeding twelve
months, or else a fine . . . not exceeding £20." This enactment was too arbitrary to be accepted quietly in a colony "ubi quae sentias dicere licet." Passed on April 2, 1672, it pro- duced a revolution within a month. On May 1, 1672, in general election, only four Assistants were reelected. The new officers included Governor, Deputy Governor, six Assistants, and twenty Deputies, not one of the Deputies in the previous General Assembly being reelected .* The Assembly of 1672 repealed the obnoxious legislation, abated the appointment of John Clarke as foreign agent and the tax order, and adopted a conciliatory posture in relations with Connecticut. “Forasmuch as several acts and orders were made in the General Assem- bly last April," read the repealing act, "some whereof seeming to the infringing of the liber- ties of the people of the colony, and setting up an arbitrary power, which is contrary to the laws of England, and the fundamental laws of this colony from the very first settling thereof, others seeming to the prejudice of the colony and impoverishing the people thereof, to the great distraction of the good and well-minded people thereof, who have many of them been sufferers in a great measure already, and like more to undergo if not timely prevented." The General Assembly also reduced the salaries of officers to what "the ancient fundamental laws of this colony formerly have made due provision for," and declared advances made by the previous General Assembly null and void. The action of the previous General Assembly, seating a delegation of Deputies from Providence, whose election was questionable, was con- demned as "being innovations in the government and contrary to law and equity." The revo-
*Chapter V.
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PRESERVATION OF INDEPENDENCE IN COLONIAL PERIOD
lution was necessary and complete, but, when the purpose had been accomplished, gradually the revolutionary party lost power. It attained maximum strength early in 1672; as a royal- ist party it was doomed to displacement in democratic Rhode Island. The emphasis upon royalism appeared in the form of enactments, and in the reliance upon the book of English statute law. Rhode Island knew how to curb a party that through zeal had exceeded the bounds that must be respected if liberty was to endure; Rhode Island was loyal to the crown but Rhode Island was not royalist, however; and this it demonstrated by a speedy return to normalcy. Rhode Island could and did curb a dominant democratic party when the latter tended to tyranny in its effort to suppress dissension. When the lesson had been taught suf- ficiently to accomplish its purpose, the royalist party was retired, and the battle with Connec- ticut was resumed vigorously.
DISCORD IN NEW ENGLAND-Rhode Island faced a struggle for physical existence. Con- necticut at one time interpreted its own colonial charter as fixing Connecticut's eastern bound- ary along the line of the Providence River and Narragansett Bay. Plymouth's claim east of Narragansett Bay, including as it did ultimately the island of Rhode Island and other islands, covered the remainder of the colony. Massachusetts claimed Pawtuxet, Warwick, and West- erly, the last as part of the spoils of the Pequot War. Connecticut claimed the Narragansett country by conquest after King Philip's War. The King's commissioners in 1665 designated the Narragansett country as the King's Province, but placed it under the administration of Rhode Island. Intercolonial quarreling over boundaries and appeals to England to adjust other differences attracted attention to New England that was unfortunate, because, as viewed in old England, the discord in New England justified measures to end the friction by placing all of New England under a single administration. Revocation of the New England char- ters was the preliminary step toward the consummation of the general plan.
NAVIGATION ACTS-Meanwhile the remarkable growth of the colonies in population, and their prospective development of resources, suggested to English statesmen a colonial policy in keeping with the principles of the mercantile theory, then generally accepted as sound economically and as an approved method of strengthening national states. With England the dominating purposes were the wresting from Holland of control of the sea, and the upbuild- ing of the English merchant marine. The latter purpose was promoted by legislation limiting trade, in both directions between England and the colonies, and between the English colonies, to English or colonial ships manned by English or colonial crews. Other legislation pro- hibited colonial importation of goods and commodities produced in Europe unless the goods and commodities had first been shipped to England, and shipped thence in English or colonial bottoms; and also required the shipping to England first of staple colonial commodities intended for foreign trade. England thus became an intermediary in foreign trade with the colonies. Strict enforcement of trade and navigation acts was proclaimed in 1680, and colonial governors were required by his majesty to take an oath to enforce the acts in their provinces. In Rhode Island the Governor's engagement was modified accordingly and in 1682 the reciprocal engagement of the General Assembly included a promise "to stand by you and assist you in your performance of the act of trade and navigation, according to the oath imposed by his majesty in said act." In passing it should be noted that the English navigation acts, so far as they restricted intercolonial trade to English bottoms, are precedents for mod- ern legislation of similar type, including American regulation of coastwise shipping. In view of the meagre development of commerce in Rhode Island so early as 1682, there was little serious objection. Later, as commerce increased in volume, the enforcement of the trade and navigation acts became more and more difficult and occasioned discord and conflict. It was principally the restriction of trade with foreign countries that distressed Rhode Island. Rhode Island could profit from the navigation acts so far as they encouraged colonial ship-
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building and ownership of vessels. But the requirement that goods destined for sale in for- eign countries must pass through an English port instead of directly to the consumer, and the requirement that goods imported from foreign countries must also pass through an English port, both weighed heavily upon American foreign commerce, and tended to decrease the profit therein if the law were observed, or to encourage smuggling as a means whereby to avoid the law. In later years law enforcement became a serious issue in the relations between Rhode Island and the mother country.
The General Assembly in May, 1682, ratified and confirmed the Governor's proclamation of the English trade and navigation act, and an order entered by the Governor and council establishing a naval office at Newport, at which "all masters or commanders of ships and other deck vessels are required upon their arrival into any harbor or port within this jurisdic- tion to make their appearance and make entry of their respective ships and vessels and their loading, and give bond according as they are required by act of Parliament." Except the requirement of giving bonds, and the fees charged for entry and clearance, the order did not increase the obligations of shipmasters engaged in voyages permitted by the navigation act. Under a Rhode Island statute enacted in 1675 masters of vessels of twenty tons or greater burden were required on entering any Rhode Island port to repair to the Governor, if in Newport, or to the chief officer in any other town and to "give a just account of their design" and also to give notice of sailing. But the enforcement of the trade and navigation act, as required by the Governor's oath, would banish foreign ships from Rhode Island waters, would prohibit exporting of Rhode Island commodities to foreign ports, including French, Dutch and Spanish ports in either of the American continents, and would embarrass privateers and pirates. For reasons which Cranfield subsequently alleged included unwil- lingness to enforce the navigation act, Governor Sanford, although reelected in 1683, "did own his allegiance to his majesty, yet said he had sufficient reasons and would not accept to engage." William Coddington (2d) was elected, and persuaded to accept. He had been elected as Assistant, and released on request, but the Assembly did "judge it will not be safe for this Assembly upon the same terms to release him from being Governor, notwith- standing his present allegations, and therefore do earnestly desire him to take his engage- ment, we seeing an absolute necessity for the same." William Coddington thereupon took the engagement as Governor and also "took the oath for trade and navigation." Francis Brinley, who was strongly royalist, had been the King's agent for presenting the King's proclamation concerning trade and navigation to the General Assembly. Instead of return- ing the proclamation to Brinley, who, if Cranfield's statement was accurate, was commis- sioned to observe the taking of the oath annually, the General Assembly in 1682 committed it to the keeping of the Governor. Cranfield alleged that the Governor did not take the oath to enforce the trade and navigation act in Brinley's presence, but desired him to withdraw, and also accused the General Assembly of having "passed an act for the keeping it according to their minds." Rhode Island had incurred Cranfield's displeasure through refusal, without sight of his commission, to recognize his right as member of a commission appointed by the King to conduct an inquest at Richard Smith's house, near Wickford, into the conflicting claims of Rhode Island and Connecticut to the Narragansett country .* Cranfield at that time was Lieutenant Governor of New Hampshire; one of his associates on the Narragansett commission was Randolph, English collector of customs at Boston. Both were hostile to the chartered colonies. Rhode Island had not only refused to recognize Cranfield's right; the General Assembly had forbidden him and his associates to hold court in any part of Rhode Island, resting their right upon the Charter. In his report to the King, Cranfield and his associates accused Rhode Island of "great contempt offered to your majesty's commission."
*Chapter V.
VIEW IN JENKS PARK, CENTRAL FALLS
WEST WARWICK JUNIOR HIGH SCHOOL
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PRESERVATION OF INDEPENDENCE IN COLONIAL PERIOD
In a letter accompanying the commission report, Cranfield expressed his opinion of Rhode Island more at length and even more emphatically, thus :
All appeared, except the Rhode Islanders, who the same day of our convention did assemble their general court and send one Captain Greene with a letter from them to prohibit our proceedings. . Myself and the rest of the gentlemen desired him to hear his majesty's commission read . . . . which he refused either to hear or take a copy of; and no sooner returned to the court but a marshal was sent to proclaim us an illegal assembly, and showed so much undutifulness and disrespect to his royal com- mission that had we not borne it with moderation, it might have occasioned great mischief. They are a people utterly incapable of managing a government. . . . For their records and laws are so kept that none can know them, nor come to see them, without much expense of money and time; and when seen, are hard to be well understood.
When Mr. Randolph came first into these parts to be collector, etc., he brought with him a com- mission from his majesty empowering himself and several others, with the magistrates of Rhode Island, or any five of them, to administer an oath to the newly elected Governors yearly, to observe the acts of trade and navigation. Mr. Randolph was present when the Governor first took the said oath, and left the commission with one Mr. Brinley, who yearly presented it in court and required observance thereof, which was performed till the election in May, 1682, and then the Governor (one Major Peleg Sanford, who now comes over as agent with Captain Arthur Fenner) refused to do it before Mr. Brinley, but desired him to withdraw, and afterward took it; but would never deliver the commission again. And, as I am informed, their Assembly, to whom it was not directed, have passed an act for the keeping it according to their minds. Their laws are so repugnant to the laws of England, so confusedly kept, and not public, that it is very hard to see them. The laws of England are denied to the inhabitants, saying they have laws of their own making. Neither are they under any obligation or oath, for they will not admit their Deputies to take an oath before they sit in court to consult and act in the affairs of the corporation. Much more might have been said to your lordships of the corrupt* and unjust proceedings of that government; and those persons that come over are declared enemies to the interest of his majesty and royal highness, and carried themselves as disrespectful to his majesty's commissioners. And to speak impartially, the other colonies have not in their actions given any demonstrations of the contrary, and never will be otherwise till their charters are broke, and the college at Cambridge utterly extirpated. For from thence those half- witted philosophers turn either atheists or seditious preachers.
QUARREL OVER NARRAGANSETT COUNTRY-Rhode Island appointed Captain Arthur Fen- ner and Major Peleg Sanford as agents to represent the colony in England in any proceedings that might be taken on the report of the Narragansett commissioners. William Coddington was reelected as Governor in 1684, and took the engagement and oath to enforce the trade and navigation act-in his own home, at which the General Assembly met for the purpose, because the Governor was ill. Governor Coddington after reelection in 1685 refused to accept office, and Henry Bull was elected as Governor in his stead. In 1684, at the urgent request of his majesty, Rhode Island enacted a law "for the restraining and punishing pri- vateers and pirates," which forbade Rhode Islanders to enter the service of foreign princes as privateers. Upon receiving news of the death of King Charles II, February 6, 1685, and the accession of King James II, the General Assembly sent a letter to King James assuring him "that in your enjoyment of the crown of your ancestors and the government of this colony we are your faithful and obedient subjects." His majesty's reply was so cordial as to suggest that there was little need to fear action adverse to Rhode Island on the report of the Narragansett commissioners. The General Assembly met in October, 1685, at Provi- dence. The record for the second day's session opens with the title "Dies Jovis," and that for the third day with the title "Dies Veneris." Plans were made for establishing a new planta- tion of fifty families in the Narragansett country. The Recorder evidently did not know that "Dies Irae" was at hand.
Fortunately for Rhode Island (eventually) the recommendation of the Narragansett commissioners that the Narragansett country be awarded to Connecticut was not carried into
*Cranfield by his contemporaries was accused of gross corruption in public office.
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effect. King Charles II was maturing other plans, which contemplated the union of all New England in a royal province. In November, 1684, the Narragansett country was included in a royal province consisting of New England except Rhode Island and Connecticut. The plans were modified somewhat after the accession of James II, in 1685. The Narragansett country, Maine, New Hampshire and Massachusetts (without Plymouth) were united under a president and council. Joseph Dudley was appointed as President and Edward Randolph as Secretary. The Narragansett country was organized as the King's Province; a court was established, and the province was divided into three towns. Rochester, Haversham and Ded- ford, respectively, replaced Kingstown, Westerly and Greenwich.
Before King Charles's plan for uniting all New England could be carried into effect in compliance with the niceties of the English law of the period, the Charters of Rhode Island and Connecticut must be revoked, as had been that of Massachusetts. Randolph prepared charges against Rhode Island to support a writ of quo warranto, in which he accused the Governor and Company of Rhode Island of misdemeanors as follows :
I. They raise great sums of money upon the inhabitants of that colony, and others by fines, taxes and arbitrary imprisonment, contrary to law, and deny appeals to his majesty.
2. They make and execute laws contrary to the laws of England.
3. They deny his majesty's subjects the benefits of the laws of England, and will not suffer them to be pleaded in their courts.
4. They keep no authentic records of their laws, neither will they suffer the inhabitants to have copies of them.
5. They raise and cancel their laws as they please, without the consent of the General Assembly.
6. Their Governor, Deputy Governor, Assistants, Deputies, and other officers for the administration of justice, as well as juries and witnesses, are under no legal oaths.
7. They violate the acts of trade, and have taken from Francis Brinley, Esq., his late majesty's com- mission, appointing the said Brinley and others to administer an oath to the Governor of that colony for his duly putting in execution the act of trade and navigation, made in the twelfth year of his late majesty's reign ; the Governor of that colony not having taken the said oath these three or four years last past, as is required in the said act.
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