USA > Rhode Island > Rhode Island : three centuries of democracy, Vol. I > Part 33
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turing anchors. Bissell at Newport had made nails. James Greene and others, in 1741, were granted a right to build a dam on the south branch of the Pawtuxet River as an adjunct of an iron mill. Cannon used in early colonial wars had been cast at the Hope furnace in Scituate. Stephen and Rufus Hopkins, the four Brown brothers, Nicholas, Joseph, John and Moses, and Jabez Bowen, Jr., who had purchased a bank of ore and erected a furnace at Scituate for mak- ing pig iron, were granted permission to erect a dam closed to fish, in 1769. The English act of 1750 meant a definite curtailment of this important industrial activity, and the limitation of development through use of the ore brought from Pennsylvania to supplement the available deposits of bog iron; under the English statute the pig-iron and cast-iron industry in Rhode Island never could become a steel industry. A committee of the General Assembly in 1758 reported, following an inquiry from England, "what quantity of iron and out of what materials had been made" from Christmas, 1749, to January 5, 1756: "That there has been made of pig metal imported from New York, Philadelphia, and the Jerseys, 589 tons, 901 quarters, and 16 pounds ; and out of bog ore, 113 tons, 102 quarters and 22 pounds."
The King had good reason to distrust the loyalty of some of his subjects in England, partly because his family was alien and unpopular and partly also because of renewed activity by the Pretender, styling himself James III of England; fear that the disaffection had spread to America was indicated in the form of a statute adopted in Rhode Island in 1756, and dic- tated probably by the expediency of maintaining amicable relations with the crown. Alleging "secret acts and practices, daily endeavoring and attempting to alienate the minds and affections of others," the statute authorized the Governor and other officers "to tender the oaths of allegi- ance and abjuration unto and cause the same to be taken and subscribed, according to the form of the statute in that case made and provided, by any person or persons" suspected to be dangerous, on penalty, for refusal to take the oaths or for neglect of a summons, of being adjudged "as popish recusant convict or convicts," with forfeiture of "goods and chattels and lands and tenements to and for the use of the colony."
At the beginning of the French and Indian War drastic embargoes on provisions were ordered to prevent shipment to the French. Governor Phipps of Massachusetts wrote to Gov- ernor Hopkins that charges had been made that provisions had been shipped from Martha's Vineyard and nearby places in Rhode Island, and the General Assembly ordered an investi- gation. The committee exonerated Rhode Island. In 1756 all trade and commerce with France or the French colonies was forbidden on penalty of forfeiture of any vessel returning from a French port to Rhode Island. In the same year the King, alleging that the French were being supplied from the colonies through cargoes shipped to Dutch and other neutral ports, forbade clearance of vessels carrying provisions to any but English or English colonial ports, required the giving of bonds for and the production of certificates of the proper delivery of the cargoes, and cautioned particularly that care be taken to inflict the severest penalties upon masters and owners of vessels "detected in causing collusive captures to be made of their cargoes." The General Assembly thereupon enacted legislation confirming the King's wish. In the next year a statute alleging "that several have trafficked and carried on commerce with the subjects of France under the pretence of going to a Spanish port called Monti Christo upon the Island of Hispaniola, which is but a few leagues distant from the French settlements upon that island," forbade voyages to Hispaniola, with penalty of £10,000 fine and forfeiture of vessel and cargo on return. The act was repealed in 1758 because "all the British subjects in North America except those of this colony are allowed to carry on trade and commerce with the subjects of his Catholic majesty* at a place . . called Monti Christo , and no bad consequences can attend such a traffic." Nine members of the General Assembly protested "by reason we apprehend that Monti Christo is but a small port, and the produce thereof but
*King of Spain.
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very small, and so near Fort Dolphin, a port in the French King's dominions, where we appre- hend all trade carried on to Monti Christo is only under a pretence to trade at said Fort Dol- phin." The exchange of French prisoners under "flags of truce," a practice that had occa- sioned acrimonious criticism at the end of King George's War, was revived in 1757. A com- mittee of the General Assembly in 1758 reported that the law regulating exchanges of prison- ers had been complied with strictly. The statute was amended in such manner as to require vessels under flags of truce to "carry off all prisoners of war that are in the government at the time of issuing the commission," up to capacity, calculated at "one man to every ton the vessel measureth." This provision was intended to reduce the number of sailings under flags of truce, which could be multiplied by carrying each only one prisoner or a very small number of prisoners. Three merchants were given permission in 1759 to sail under separate flags of truce, two to collect outstanding accounts from French merchants in Hispaniola, and one to obtain the release of Indians and negroes held as prisoners. In May, 1760, another sailing under flag of truce was permitted, to return eleven Frenchmen brought into Newport by a privateer. Sir William Pitt, under date of August 23, 1769, wrote to Rhode Island, complain- ing of an "illegal and pernicious trade" with the French, and ordering a "strict and diligent inquiry into the state of this trade." The General Assembly, in October, ordered the Governor to issue a proclamation "prohibiting the inhabitants of this colony and all others resident within the same from trading or having any commerce with the subjects of the French King." In December, Governor Hopkins replied at length to Pitt's letter: "The colony of Rhode Island, though very small, hath always carried on a considerable trade by sea ; and at the breaking out of the present war, many of the merchants changed the course of their common trade into that of privateering; so that there hath been already about fifty privateers fitted out from hence. This, in course, hath brought a large number of French prisoners into the colony, which must have been too great a burden on it, had they been continued in it during the whole time of the war; and as no other method is known in any of these plantations in America of disburdening themselves of French prisoners brought in by privateers, and of procuring the liberty of their own people, in much greater numbers in captivity among the French, but by commissioning of vessels as flags of truce, to go to the French islands to carry the prisoners, and on return bring our own home." The Governor then explained the Rhode Island statute permitting use of flags of truce, and the care taken to examine the vessels, "particularly that no kind of warlike stores are on board, or more provisions of every kind, than are barely sufficient to victual the vessel's crew and prisoners during the voyage. . .. Agreeable to this law commissions have been granted to about thirty vessels, mostly small sloops, who have gone among the French islands, chiefly Hispaniola, and only two to any other part of the con- tinent. . . . And I think it may safely be affirmed that no provisions for sale or any warlike stores have gone from this colony among the French during this war, by any permission or connivance of any authority or officer in it. Such vessels as have been allowed to go on those voyages, in the manner before related, have indeed carried lumber, and dry goods of British manufacture, to sell to the French, and in return have brought back some sugars, but mostly molasses. Yet it must be confessed, that 'tis highly probable that some vessels from this col- ony, as well as from others, have taken in cargoes under pretence of being bound to Jamaica, and have regularly cleared out at the custom house, and all other offices, as though really intending for that island; but after their departure have deviated from the voyage pretended, and have put into some of the French ports in Hispaniola, where the French admitted them to trade. This method of illicit trade cannot be known until after the mischief is effected, as 'tis impossible to know beforehand who intend to pursue the voyage agreeably to law, and who design to deviate from it." The letter pointed out the difficulty of completing an illegal voyage by landing the homeward-bound cargo; and to the summary procedure of the British warships
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cruising in the West Indies in seizing both vessels found to be engaged in illegal voyages, and others commissioned as flags of truce, as well as all vessels trading at Monti Christo. General Amherst, writing from New York, April 15, 1762, complained that the French were "being supplied with provisions from almost every port on the continent of North America." In May, Amherst wrote further : "It likewise appears from these papers that Rhode Island is one of the principal colonies on which they depend ; and that several of the merchants of Newport are deeply concerned in this iniquitous trade, which is not only infamous in itself, by support- ing the avowed enemies of the King, but occasions great difficulty in procuring the necessary supplies for carrying on his majesty's service." Amherst asked for an embargo, and Governor Ward on May 10 advised Amherst that the embargo had been proclaimed. In June, Amherst authorized lifting the embargo, adding : "I trust that no more attempts will be made to supply the enemy or carry on the illicit trade that has been so lately detected." The war over, the Lords of Trade, in 1763, complained that the revenue arising from customs "is very small and inconsiderable, having in no degree increased with the commerce of those countries, and is not yet sufficient to defray a fourth part of the expense necessary for collecting it ; and that through neglect, connivance and fraud, not only the revenue is impaired but the commerce of the col- onies is diverted from its natural course," and urged "suppression of the clandestine and pro- hibited trade with foreign nations, . ... vigorous discharge of the duty required of you by several acts of Parliament and a due exercise of your legal authority to give the officers of the revenue all possible protection and support." Admiral Colvill, in October, 1763, stationed the "Squirrel," ship, Captain Richard Smith, at Newport.
The General Assembly, in January, 1764, prepared a remonstrance to the Lords of Trade against continuance of the sugar act, which expired in the same year, unless renewed. The remonstrance was sent to Joseph Sherwood, agent of the colony since the death of Richard Partridge in March, 1759, to be presented if three other colonies would join Rhode Island in support of the protest. The remonstrance argued that the trade with the sugar islands was of the utmost importance to the colony, as it gave the latter the means whereby to pay its indebt- edness, incurred in colonial wars, and whereby to continue purchases of English goods. It related the substitution of New England rum for French brandy in the slave trade on the coast of Africa, and the threat to colonial prosperity involved in closing the distilleries in New England .* The protest was vain; Parliament planned to continue the sugar tax, and to levy other taxes in accord with the plan to shift to America from England so much as possible of the burden of repaying the immense debt incurred in the wars with France and Spain.
So far as concerned relations with England the republic in the Narragansett Bay country held high the torch of liberty and maintained during the colonial period consistently the great faith in democracy that had been cherished by the founders. Narragansett Bay was the cradle of American liberty. The democratical form of government, testing the most liberal and radical devices for ascertaining and accomplishing the will of the people, had been succeeded under the Charter by a republic in which all power rested in the hands of the people. The latter, from time to time, by revolution carried through quietly but effectually at the ballot box, reasserted their liberties when these were imperiled by overzealous legislators or other officers. In the century from 1663 to 1763 the republic faced almost continually and maintained vali- antly a struggle to retain the unusual liberties granted to and enjoyed by the people in an era in which popular rights elsewhere were almost unknown and little respected. The purpose of arbitrary monarch to recall the Charter, of royal governor to annul its provisions, of jealous officers in other colonies to suppress Rhode Island and absorb it into their own jurisdictions, of disloyal inhabitants to destroy that in Rhode Island which was an obstacle to attainment of
*For an abstract of the economic information in the remonstrance, see Chapter X; for the further ad- ventures of the "Squirrel," see Chapter XI.
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their own sordid ambitions, and of Parliament to undermine the independence of the republic -all these had been resisted and combatted. The colony had merited the words in the Char- ter, "to hold forth a lively experiment." Firmness in the right when danger threatened, tact when diplomacy was demanded, astute suppression of treason within, defiance on occasion- each in turn had served the great purpose of saving Rhode Island. Born with an inheritance of liberty, Rhode Island's sons and daughters were nourished in the love of liberty.
The constitutional questions involved ultimately in the issues that produced the Revolu- tion were clearly understood in Rhode Island during the colonial period. Nowhere was there finer distinction and discrimination in determining where colony jurisdiction terminated and imperial jurisdiction began. Nowhere was there more zealous definition of the limits of authority. Nowhere were the rights of the individual citizen more carefully safeguarded, with finer concession to the conscience and the opinion of the man. Rhode Island exalted the indi- vidual citizen in a manner unprecedented. For this reason it was that Rhode Island in the days succeeding the successful Revolution became the staunchest supporter of human liberty, and the dictator of constitutional safeguards for the life, liberty and property of the citizen.
CHAPTER X. GROWTH OF A COLONIAL COMMONWEALTH.
HE King's commissioners in 1665 described the colony of Rhode Island as con- sisting of "two scattered towns upon Rhode Island, two upon the mainland and four small villages." That the settlers possessed little surplus wealth-not much, indeed, besides their land-was indicated by the difficulty attending the raising of money. Roger Williams was not repaid his expenses on his first trip to England until the need arose for sending him a second time. John Clarke waited years for, and died before a final adjustment of his claim for reimbursement for expenses as agent of the colony. In one year in which John Clarke served as treasurer he reported no receipts, no payments, and no balance. To meet the need of money occasionally for immediate purposes members of the General Assembly advanced cash from their own purses. Taxes were levied in money ; payment was permitted usually in kind, that is, in corn, beef, pork, butter, wool, peas, or other products of husbandry. Of metal money there was little. In the earliest years Indian wam- pum had served the general purposes of money for trade purposes, as it might well, so long as the Indians had products to sell with which the wampum might be redeemed. As the Indians gradually ceased being producers and purveyors of merchantable commodities, wampum decreased in value, and in 1662 it ceased to be legal tender.
Governor Peleg Sanford's answers in 1680 to questions sent to Rhode Island by the English Board of Trade indicated growth in the colony, but little increase in quick assets, thus : "The greatest part" of the land within our patent is "uncultivated. . . . The principal town for trade in our colony is the town of Newport. The generality of our building is of timber and generally small. We have nine towns or divisions within our colony. We have several good harbors in the colony of very good depth and sounding, navigable for any shipping. The principal matters that are exported amongst us are horses and provisions, and the goods chiefly imported are a small quantity of Barbados goods for supply of our families. Of saltpeter we know of none in this colony. We have several men that deal in buying and selling, although they cannot properly be called merchants, and for planters we conceive there are about 500 and about 500 men besides. Of bondservants we have had few or none either of English, Scots, Irish or foreigners, only a few blacks imported. There may be of whites and blacks about 200 born in a year. For marriages we have about fifty in a year. Burials this seven years last past according to computation amount to 455. Merchants we have none, but the most of our colony live comfortably by improving the wilderness. We have no shipping belonging to our colony, but only a few sloops. The great obstruction concerning trade is want of merchants and men of considerable estates amongst us. A fishing trade might prove very beneficial provided there were men of considerable estate amongst us and willing to prop- agate it. For goods exported and imported, which is very little, there are no customs imposed." The nine towns referred to were the four original towns, Providence, Portsmouth, Newport, and Warwick, and Westerly (1669), New Shoreham (1672), Kingstown (1674), Greenwich (1677), and Jamestown (1678). The economic condition indicated the need of capital or surplus wealth, money or credits for investment. The planters were comfortable, but the future held little promise for marked improvement in the colony's economic life unless and until Rhode Island should supplement agriculture by profitable commerce.
R. I .- 13
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The General Assembly of 1680 consisted of the Governor, Deputy Governor, ten Assist- ants, and twenty-eight Deputies, if and when the towns were represented by complete quotas, thus: Newport, six; Portsmouth, Providence and Warwick, four each; Westerly, New Shoreham, Kingstown, East Greenwich and Jamestown, two each. A quorum consisted of the Governor or Deputy Governor, six Assistants and a majority of the Deputies. The General Assembly met as one body until 1696, when the Deputies sat apart as a separate house choosing a Speaker and Clerk. Thereafter for general legislative purposes the Assembly was bicam- eral; the houses met in grand committee to elect general officers and occasionally for the con- sideration of momentous business. Other general officers in 1680 were Recorder, General Sergeant, General Treasurer, General Attorney, Solicitor and Major. From these came later the Secretary of State, replacing the Recorder; the General Treasurer; and the Attorney General, replacing the General Attorney and Solicitor. The Recorder was made a Public Notary in 1705. The Solicitor was not elected after 1684; his function, that of drafting com- plaints and indictments, was taken over by the General Attorney, who was the colony prose- cutor and legal adviser of the General Assembly. The General Sergeant was the colony sher- iff, and was called Sheriff from and after 1696. The General Assembly established a literacy qualification for this office in 1671, ordering that no person ought to be general sergeant or sheriff unless he can read and write. James Rogers, the incumbent in 1671, was reelected in 1672, and engaged notwithstanding any order previously made. Probably the order of 1671 was directed at him; when attempt was made to audit his accounts with the colony after his decease, the auditors reported "that they find the accounts so imperfect that they could neither allow nor disallow the same." Thereupon the General Assembly voted: "Forasmuch as there doth appear such difficulties and doubts in the said accounts, and to prevent further troubles thereabout, this Assembly, with the free consent of the petitioners," the widow and a new husband, "do agree and determine that there shall be and is hereby an equal, clear balance of all the aforesaid accounts between this colony and the said James Rogers; and that by this act there is a full and final issue of all differences relating to the said accounts from the beginning of the world until this present Assembly!" The sheriff was continued as a colony officer after 1703, when the colony was divided into two counties, the island towns as Rhode Island County, and the mainland as Providence Plantations County. When, in 1729, three counties were established the office of colony sheriff was abolished, and the sheriff became a county officer. The Major was commander of the militia; in 1682, provision was made for two Majors, one for the islands and one for the mainland. The Majors were replaced by two Colonels in the reorganization of the militia in 1719. The Governor, Deputy Governor, Assistants and Dep- uties served without salary, and were not paid except as they received fees as court officers, until 1695, when salaries were established thus : Governor, fio; Deputy Governor, £6; Assist- ants, £4, all annually ; Deputies, three shillings per day of actual service. Practice with refer- ence to paying Deputies varied ; the colony sometimes paid, and sometimes required the towns to pay Deputies. In 1678 payment of board and lodging for members of the General Assem- bly attending the session was ordered. The Governor, Deputy Governor and Assistants were exempted from taxation in 1690. The Governor's salary was increased gradually until it reached £40 in 1705. Governor Cranston was paid, in addition, various sums from time to time because of important service to the colony. Meetings of the General Assembly were held in private houses or taverns until the first colony house, a wooden structure, was built in Newport, 1690. The town of Newport was permitted to build a tower for a bell and for pros- pect, and a lean-to addition on this building in 1691. It was sometimes referred to as the town house, and sometimes as the courthouse. It was ordered replaced by a brick structure in 1739-1740. Objection was made to use of the colony house for other than public purposes in 1695, and religious services therein, probably Episcopal, were ordered discontinued. Except
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a special session held at Warwick, June 24, 1670, as a gesture in answer to Connecticut's threat to establish government in the Narragansett country, meetings of the General Assembly were held at Newport until October, 1681, when the meeting was at Providence. Meetings were held at Portsmouth, June, 1682, and at Warwick, October, 1682, and August 20, 1683, the last because of Cranfield's inquest at Wickford. Two days later the Assembly met by adjourn- ment at Narragansett. The election meeting in May continued at Newport; beginning in 1684 the October session was ordered alternately at Warwick and Providence. The sessions of the Assembly were opened by reading the Charter, except in 1690, when smallpox prevented the attendance of the officer having custody of the document. In May, 1691, the annual elec- tion was conducted at Portsmouth, because of the smallpox in Newport.
The General Assembly exercised judicial, as well as legislative and administrative func- tions. While the actual trial of cases was conducted in trial courts, in which the Governor and Assistants presided as justices, the Assembly reserved the right to entertain appeals and review judgments, the exception being a single instance in 1678, in which the Assembly refused to hear an appeal from the judgment of a trial court in a civil case. Justices of the peace for towns were elected by the General Assembly from and after 1696. With the divi- sion of the colony into counties in 1703, two county courts of common pleas were ordered. A bankruptcy act was passed in 1678, but the General Assembly repealed it a month later, because of doubt of authority under English law. In 1705 the General Assembly asserted its authority to act as a court of chancery. Three years later the Assembly, sitting as a court of chancery, on an appeal in the case of Brenton vs. Remington, reversed the judgments of trial courts and juries, and entered a decree permitting Brenton as mortgagor to redeem an estate beyond the twenty years limit for redemption established by law. An appeal was taken to England, and the Assembly procedure was "utterly condemned." In 1712, accordingly, judging that the Assembly "had no power or authority to make any such law, by reason we cannot find any precedent that the legislators in Parliament of Great Britain, after they had passed an act or law, took upon themselves the executive power or authority of constituting themselves a court of chancery or any other court of judicature," the Assembly repealed the law, ordered no future appeals entertained, and resolved to set up and establish a regular court of chancery (some- time).
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