USA > Rhode Island > Rhode Island : three centuries of democracy, Vol. I > Part 42
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2. That by a Charter granted by King Charles II in the fifteenth year of his reign the colony afore- said is declared and entitled to all the privileges and immunities of natural born subjects, to all intents and purposes, as if they had been abiding and born within the realm of England.
3. That his majesty's liege people of this colony have enjoyed the right of being governed by their own Assembly, in the article of taxes and internal police; and that the same hath never been forfeited, or any other way yielded up; but hath been constantly recognized by the King and people of Britain.
4. That, therefore, the General Assembly of this colony have, in their representative capacity, the only exclusive right to lay taxes and imposts upon the inhabitants of this colony; and that every attempt to vest such power in any person or persons whatever, other than the General Assembly aforesaid, is unconstitutional and hath a manifest tendency to destroy the liberties of the people of this colony.
5. That his majesty's liege people, the inhabitants of this colony, are not bound to yield obedience to any law or ordinance designed to impose any internal taxation whatsoever upon them, other than the laws or ordinances of the General Assembly aforesaid.
6. That all the officers in this colony, appointed by the authority thereof, be and they are hereby directed to proceed in the execution of their respective offices in the same manner as usual; and that this Assembly will indemnify and save harmless all the said officers, on account of their conduct, agreeably to this resolution.
Though the record of the General Assembly session of September, 1765, concluded with the formal "God save the King," the General Assembly, by striking out from the first draft of
BETSEY WILLIAMS COTTAGE, ROGER WILLIAMS PARK. PROVIDENCE
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the fourth paragraph of its resolutions the words "his majesty or his substitute." had denied even to the King a right to participate in imposing taxes upon the colony, and had declared that the tax right lay exclusively with the General Assembly. The fifth paragraph in the Rhode Island resolutions, declaring that the colony was "not bound to yield obedience to any law or ordinance designed to impose any internal taxation whatsoever upon them other than the laws or ordinances of the General Assembly," had been too daring and revolutionary for Virginia, which rejected it. The sixth paragraph ordered government as usual under guaranty of sup- port and indemnity. The Assembly ordered the apprehension of the Newport rioters and pre- cautions against future riots.
RHODE ISLAND AT THE STAMP ACT CONGRESS-Meeting at South Kingstown on the last Wednesday in October, 1765, the General Assembly received the report of the delegates to the Stamp Act Congress that the latter had adopted "several declarations of their opinion respecting the rights and liberties of the colonists, and agreed upon a loyal and dutiful address to his majesty, and humble application to both houses of Parliament to procure the repeal of the stamp act and of all clauses of any other acts of Parliament whereby the jurisdiction of the admiralty is extended beyond its ancient limits in the colonies, and of the other acts for the restriction of American commerce." Resolutions of cordial thanks to Colonel Isaac Barré "for his generous and patriotic endeavors in a late session of Parliament, for the interest of the colonies" were adopted. It was voted and resolved "that the last Thursday in this instant November be observed throughout this colony as a day of public thanksgiving to Almighty God, for the many favors and mercies received the year past; and that prayers be put for a blessing on the endeavors of the colony for preservation of their invaluable privileges; and that his honor the Governor be, and he is hereby requested to issue a proclamation accord- ingly." This was the earliest precedent for the last Thursday in November as Thanksgiving Day .*
Near as Rhode Island seemed to be to revolution in 1765. resistance to injustice rather than independence was the dominating purpose. Governor Ward's statement in a letter to the colony agent under date of November 7, was clear upon this point: "The complaints of this colony on their present grievances do not arise from any unwillingness to contribute to the interest of Great Britain, or the least desire of throwing off or lessening, in any manner, our dependence upon her. We unanimously esteem our relation to our mother country as our greatest happiness, and are ever ready, and at the hazard of our lives and fortunes, to do anything in our power for her interest, and all we desire in return is the quiet enjoyment of the common rights and privileges of Englishmen, which we imagine we have a natural right and just title to." Samuel Ward was true as steel, however; he alone of American Governors in 1765 refused to take the oath to enforce the stamp act prescribed for Governors. As the Revolution drew nearer he was identified with the patriot cause; in 1774 he accompanied his colleague at the Albany Congress and his opponent in Rhode Island internal politics, Stephen Hopkins, as delegate to the Continental Congress.
RESISTANCE TO THE STAMP ACT-November 1, 1765, arrived, and with it the time for putting the stamp act into effect in America. Practically no public business could be trans- acted in a legal way without the use of stamped paper; and none was to be had, whether "dis- tributors" feared to sell or good Americans refused to buy. In Rhode Island public business proceeded as usual, because the General Assembly had ordered it so, and had guaranteed to sustain colony officers. Only the officers at the custom house in Newport were interested in stamps. Their application for stamps to Augustus Johnston as distributor elicited an answer to the effect that stamps had been consigned to him and received; that he had been persuaded
*In each of 1759 and 1760 the Thursday preceding the last Thursday was Thanksgiving Day.
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by duress to resign his office; and that he had carried the stamps on board the "Cygnet." He declined to furnish stamps, because, as he said "I am apprehensive that if any attempt should be made by me to land the papers or execute said office, without the consent of the inhabitants of the colony, that my life and property would be endangered." The customs officers then presented to Governor Ward their letter to Johnston and his answer to it, because "we think it incumbent on us (particularly for our own justification) to apply to your honor, in order to know whether any stamped papers are to be had within your government." On December 23 Johnston was called before the Governor and council to answer explicitly the question, "Whether you will accept the office of distributor of stamps for this colony, or not?" Three days later Governor Ward, writing to the Lords Commissioners of the Treasury, said: "Augustus Johnston, Esq., who (as he informs me) was appointed chief distributor in this colony, hath resigned that office," adding that "people of every rank and condition are so unanimous in their opinion that the operation of the act for levying stamp duties in America would be inconsistent with their natural and just rights and privileges, injurious to his maj- esty's service and the interest of Great Britain, and incompatible with the very being of this colony, that no person, I imagine, will undertake to execute that office."
REPEAL OF STAMP ACT-Parliament, on receiving news from America, early in 1766, of the sturdy opposition to the stamp act, faced the alternative of enforcement or repeal, and eventually chose the latter. The petitions of "the merchants of London, Leeds, Bristol, Glasgow and other places, trading to America," and complaining already of loss of trade through the American policy of boycotting English goods, mentioned by Sherwood in his letter of February 25, 1766, undoubtedly, had an effect in producing in the House of Commons the majority of 108 for repeal. William Pitt and Edmund Burke were powerful in the debate. Sherwood, the colony agent, and Secretary Conway, each announcing the repeal, mentioned Parliament's wish that compensation should be paid for losses in recent riots and other dis- orderly procedure, and urged a display of generous gratitude in America. The General Assembly voted resolutions of thanks to his majesty, and ordered the salutes in honor of the repeal and of the King's birthday, fired at the fort, paid for from the colony treasury. The Governor was directed to thank the merchants of London for promoting the repeal of the stamp act. The "Providence Gazette" recorded a celebration in Providence of the King's birthday, June 4, as a day of public rejoicing. "The auspicious morn was ushered in by the ringing of bells, and a discharge of several cannon from a battery planted on the parade. The courthouse, a most elegant structure, was beautifully ornamented with colors, and the shipping in the harbor hove out theirs at a signal given. Joy and gladness shone in every countenance ; and nothing was to be heard but mutual congratulations until eleven o'clock, when, according to the order of the day, there was a general gathering of the people on the parade. From thence they marched in order, with drums beating, trumpets sounding, and colors displayed, to the Presbyterian meetinghouse, where thanks were given to the Supreme Ruler of the Uni- verse, for His kindness to His people, in releasing them from the heavy burdens which were imposed on them, and for continuing their liberties. There was an animated and well-adapted discourse delivered by the Rev. Mr. Rowland from Psalm cxxvi, 3, and the religious exercises were concluded with a beautiful anthem performed by a company of musicians. The assembly returned in like good order as they came, to the courthouse, where his majesty's health was drunk by many hundreds under a royal salute of twenty-one cannon, when the company adjourned to four o'clock. Upon their reassembling they drank thirty-two of the most loyal, patriotic and constitutional toasts, under a discharge of seven, five and three cannon, accompan- ied with the sound of drums, trumpets and loud huzzas of the loyal multitude, who were liber- ally treated by the gentlemen of the town. In the evening 108 sky rockets with a beehive con-
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taining 106 serpents, were played off before the courthouse (which was most beautifully illumined), with divers other kinds of fireworks. At nine o'clock there was an elegant boiled collation served up to the company ; and at eleven, when every heart was full fraught with joy and loyalty, the company retired. And that the daughters of liberty might not be wholly excluded from rejoicing in a way agreeable to them, the evening after there was a grand ball given by the gentlemen of the town, at which there was the most brilliant appearance of ladies the town ever saw. The whole was carried on to general satisfaction, and without hurtful accident."
Lest repeal of the stamp act establish a constitutional precedent, in accord with the Eng- lish usage of applying to resolutions of Parliament defining policies a doctrine resembling judicial stare decisis, Parliament enacted with the repealing statute the so-called "declaratory act," asserting explicitly a right vested in Parliament to make laws for "the colonies and people of America, subject of the crown of Great Britain, in all cases whatsoever." At the same time the acts of trade were revised, and adjusted practically upon a revenue, rather than a regula- tory or prohibitory, standard. The reduction of the duty on molasses to one penny per gallon, and modifications of the tariff on sugar, coffee and spice were considered favorable to Amer- ican colonial trade, and promised revival of colonial prosperity. The Duke of Richmond, writing June 12, 1766, announced the "opening and establishing certain ports on the Islands of Jamaica and Dominica for the more free importation and exportation of certain goods and merchandises," and continued : "Thus, you see, gentlemen, that not only the greatest attention has been shown to his majesty's American subjects, by the repeal of an act which they had complained of, but those grievances on trade which seemed to be the first and chief object of their uneasiness have been taken into most minute consideration, and such regulations have been established as will, it is hoped, restore the trade of America, not only to its former flour- ishing state, but be the means of greatly increasing and improving it." The Lords Commis- sioners of Trade and Plantations, under date of August I, requested information concerning new manufactures set up in Rhode Island since 1734; Governor Lyndon reported "ten forges for making iron out of ore; two furnaces, one for making ore into pigs, and the other for making hollow-ware out of ore; six spermacetti works; twelve potash works, three rope- walks, and one paper mill, at which is manufactured wrapping, package and other coarse paper . .. . neither for these nor any other manufactures is any bounty or other encouragement given by the colony."
NEWPORT MASSACRE-The benevolent disposition manifested in England was not des- tined to be long continued. On Townshend's return to the Ministry in 1766, he resumed almost immediately his American colonial policy, involving (1) billeting 10,000 English troops in America; (2) strict enforcement of trade and navigation and revenue acts; and (3) effec- tive taxation of the colonies. Duties were laid on tea, glass, red and white lead, and paper in 1767; a board of commissioners to supervise enforcement of the navigation acts was created ; and the New York Assembly was suspended because of refusal to furnish supplies for a detachment of British troops. Thus England furnished America with pretexts for renewing the quarrel that appeared to have ended with the joyously good feeling that attended repeal of the stamp act. America was as prompt as might be expected in taking up once more the defence of liberty. Colonial committees of correspondence established first during the stamp act controversy resumed activity. Colonial assemblies passed resolutions and exchanged copies. Stout resistance to customs officers appeared in places, with open quarrels between Americans and English officers which indicated deep-seated hostility. One of these resulted in the New- port massacre, May 3, 1768. As in the instance of the Boston massacre, which occurred nearly two years later,* reports of the Newport massacre vary, one alleging murderous assault upon
*March 5, 1770.
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an unarmed youth by a British naval officer provoked by derisive laughter as he and two com- panions passed by on a Newport sidewalk; the other alleging an affray in which the British officers drew in self-defence, and slew the youth and wounded one of his companions. Henry Sparker, run through the body by a British sword, died. The coroner returned a verdict of wilful murder, and three British officers from the "Senegal," man-of-war, were arrested: Thomas Careless, charged with murder; Charles John Marshall and Thomas Young, as acces- sories. The General Assembly, in May, ordered a special session of the Superior Court of Judicature to meet in June, three months earlier than the regular sitting. The officers were acquitted on their plea of self-defence.
Recourse to the concerted action by resolutions in colonial assemblies, by resolutions in congress, and by resistance that had procured the repeal of the stamp act was indicated early in 1768 as about to be taken against the Townshend policy. On February II the Massachu- setts House of Representatives addressed a letter to the Speaker of the "House of Represen- tatives in Rhode Island," in which it was suggested that "it seems to be necessary that all possible care should be taken that the representations of the several assemblies, upon so deli- cate a point, should harmonize with each other." The letter then summarized a protest sent by Massachusetts to the Ministry. Hillsborough, writing from Whitehall, in April, cautioned Rhode Island, with reference to the Massachusetts protest, thus: "As his majesty considers this measure to be of a most dangerous and factious tendency, calculated to inflame the minds of his good subjects in the colonies, to promote an unwarrantable combination, and to excite and encourage an open opposition to and denial of the authority of Parliament, and to subvert the true principles of the constitution ; it is his majesty's pleasure that you should, immediately upon the receipt hereof, exert your utmost influence to defeat this flagitious attempt to disturb the public peace by prevailing upon the Assembly of your province to take no notice of it, which will be treating it with the contempt it deserves. The repeated proofs which have been given by the Assembly of Rhode Island of their reverence and respect for the laws, and of their faithful attachment to the constitution, leaves little room in his majesty's breast to doubt of their showing a proper resentment of this unjustifiable attempt to revive those distractions which have operated so fatally to the prejudice of his kingdom and the colonies; and, accord- ingly, his majesty has the fullest confidence in their affections and expects that they will give him the strongest proofs of them in this and every other occasion." Governor Lyndon, answering, promised to lay the matter before the General Assembly. Hillsborough, on Sep- tember 2, wrote: "The King having observed that the governors of his colonies have, upon several occasions, taken upon themselves to communicate to their councils and assemblies either the whole or parts of letters which they have received from his majesty's principal secretaries of state, I have it in command from his majesty to signify to you that it is his majesty's pleas- ure that you do not, upon any pretence whatever, communicate to the Assembly any copies or extracts of such letters as you shall receive from his majesty's principal secretaries of state, unless you have his majesty's particular directions for so doing." Governor Joseph Wanton answered the foregoing thus: "Your lordship's letter of September 2 last, having been laid before the General Assembly, I am, at their request, to observe to your lordship that, by the Charter of this colony, the supreme authority is vested in the General Assembly; and that by the constitution all letters, intelligence and correspondence relating to public matters and the welfare of the colony must necessarily be laid before them, and there receive a final decision. . The instruction contained in your lordship's letter, I imagine must have been given without a sufficient attention to the nature of this government, which clearly appears from the letter itself, it being addressed to the Governor and Company, which is the General Assembly. The letter being circular, I think easily accounts for the mistake."
If the Colony House did not rock with laughter at Hillsborough's commendation, in his
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letter of April 21, of the "reverence and respect for the laws" displayed by the members of the General Assembly, it was because their sense of humor was suppressed for the time being by the seriousness of the situation. Governor Lyndon wrote to Hillsborough that the General Assembly had considered the Massachusetts letter and "upon mature deliberation they are of opinion that it hath not any tendency to faction; that it is not calculated to inflame the minds of his majesy's good subjects in the colonies, or to promote an unwarrantable combination, or to excite and encourage an open opposition to and denial of the authority of Parliament, or to subvert the true principles of the constitution. On the contrary, that letter appears to this Assembly to contain not only a just representation of our grievances, and an inviation to unite in humble, decent and loyal addresses to the throne for redress; but also sentiments of the greatest loyalty to his majesty, of veneration for his high court of Parliament, of attachment to the British constitution, and of affection to the mother country. . . . This Assembly can- not but express great surprise and concern that an attempt to unite fellow subjects, laboring under the same hardships, in petitioning the throne in a constitutional, humble and loyal man- ner, for redress should be termed a factious and unwarrantable combination. Nor, my lord, can this Assembly conceive that this idea arises from any part of the letter itself, but rather from false and malicious insinuations of the temper and disposition of the colonies, made by their enemies. Therefore, this Assembly, instead of treating that letter with any degree of contempt, thinks themselves obliged, in duty to themselves and to their country, to approve the sentiment contained in it." The Assembly did even more ; it adopted its own letter of protest to be addressed to the King. The letter recited the loyalty of Rhode Island, and the great happiness that the colony had enjoyed under the Charter, and continued: "It is, therefore, with the greatest concern and grief that your majesty's loyal subjects in this colony find their property given and granted by your majesty's Parliament without their consent. Although we have the highest veneration for that most august body, to whom we cheerfully and readily submit, as to the supreme legislature of the whole empire, in all things consistent with the first and most fundamental rights of nature; yet we humbly conceive that the late acts of Parlia- ment imposing duties and taxes upon your majesty's subjects in America, not for the regulation of commerce, merely, but for the express purpose of raising a revenue, thereby giving and granting the property of the Americans, without their consent. to be an infringement of those rights and privileges derived to us from nature, and from the British constitution, and con- firmed by our Charter, and uninterrupted enjoyment of them for more than a century past." Governor Lyndon, in a letter transmitting the Assembly's letter, wrote: "At the same time, my lord, that this Assembly pleads for a right, which, in their opinion, constitutes the sole difference between free subjects and slaves, they are far, very far, from aiming at an independ- ence of the mother country." Writing also to Sherwood, the colony agent, Governor Lyndon said : "By these (letters) you will know the sentiments of the General Assembly about the late acts of Parliament for raising a revenue upon the free inhabitants of the colonies without their consent. They look upon them as incompatible with their rights, and with their existence as a free people." Hillsborough, acknowledging receipt of the General Assembly's address to the King, wrote: "The King having commanded me to read this address to him, and having well weighed the contents and purports thereof, has ordered me to signify to you, for the information of the General Assembly, that his majesty does not approve thereof, and . . . . holds himself bound by every tie of regard for the welfare and interest of the whole commu- nity to reject any petition or address founded upon claims and pretensions inconsistent with the authority of the supreme legislature over all the British empire, which authority his majesty is resolved to preserve and support entire and inviolate."
Hillsborough, in May, 1768, complained that customs officers "meet with great obstruc- tions and are deterred from exerting themselves in the execution of their duty." The General
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Assembly answered by resolution directing the Governor to "inform his lordship that this Assembly knew of no obstructions his majesty's officers have met with in this colony." Hills- borough, in December, wrote "that his majesty learns with great satisfaction that his commis- sioners and officers of the customs have met with no obstruction in the performance of their duty in his colony of Rhode Island." Disorder and obstruction had occurred elsewhere; Sher- wood wrote that, while he would use his utmost zeal for the repeal of the obnoxious legislation, he feared "the behavior of some people in your neighboring province will be so far resented as to prevent any good effects being immediately produced by the endeavors of your friends. I mean that this government will not, at present, think it consistent with their dignity to repeal those acts, lest such a measure should be construed into a silent acknowledgment that they are not able to carry their acts into execution. . . . The legislature are determined not to repeal those acts for the present, but to enforce the execution of them." Eventually the resentment aroused in Rhode Island produced disorder. In May, 1769, Jesse Saville, a tide waiter in the custom house at Providence, was seized while on duty, and tarred and feathered. An offer of a reward of £50 failed to produce information of the assailants.
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