USA > Rhode Island > Rhode Island : three centuries of democracy, Vol. I > Part 43
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101
SCUTTLING OF THE "LIBERTY"-In July the first overt act of the Revolution occurred in Rhode Island; the "Liberty," armed British sloop, was seized, dismasted and scuttled, and her boats were burned at Newport. The "Liberty" had been fitted out by the commissioners of the King's customs in Boston and sent to Rhode Island waters to detain and examine all vessels suspected of violating the revenue laws. The "Newport Mercury" of May 22, 1769, reported : "Last Tuesday a sloop from the West Indies belonging to Providence, in this colony, was seized by the officers of the 'Liberty,' sloop of war." The "Providence Gazette" of May 27: "On Monday, arrived here, his majesty's armed sloop "Liberty," Captain Reed, from New- port." Both the "Gazette" of July 22 and "Mercury" of the same date reported the destruc- tion of the "Liberty." The following narrative is in part from each of the papers, which agreed on the essential details :
Captain Reed, commander of the sloop "Liberty," having seized a brig, Captain Pack- wood, and the "Sally," sloop, Edward Finker, master, both belonging to Connecticut, on Mon- day, July 17, brought both into Newport on the same day. The brig was seized on suspicion of "having done an illicit act," and the "Sally" was alleged to be loaded with a cargo of prohib- ited goods. Up to Wednesday no prosecution of either brig or sloop had been undertaken. The reports in "Gazette" and "Mercury," and the statements in proclamations issued subsequently indicate that probably the seizure of the brig was unwarranted, and that Captain Packwood had obtained clearance papers at the custom house at Newport. On Wednesday Captain Pack- wood went on board the brig for some necessaries. The "Gazette" reported that his clothing and other personal efforts had been removed to the "Liberty," and that he found sailors from the "Liberty" unbending the sails on the brig, probably to prevent sailing. The "Mercury" reported that officers of the prize crew on board the brig refused to allow Captain Packwood access to his clothing. Both papers agree that there was a quarrel on board the brig, in the course of which Captain Packwood drew his sword and with it cleared his way to his boat. While the latter was proceeding to the wharf at Newport it was fired upon by the "Liberty," two musket balls passing close to Captain Packwood. Attempts to fire a swivel and pistol failed. In the evening of Wednesday, July 19, Captain Reed of the "Liberty," who was ashore, was seized by a crowd on Long Wharf, and compelled to order the crew of the "Lib- erty" ashore to answer for the attack on Captain Packwood. The "Liberty" was then boarded, her cables cut, and she was allowed to drift to shore. There her masts and rigging were cut away, her guns were heaved overboard, and she was scuttled. Her two boats were dragged to the common and burned. The brig, Captain Packwood, and the "Sally," sloop, were released and sailed away.
249
THE IMPENDING REVOLUTION
The "Mercury" of July 31 reported : "Last Saturday afternoon the sloop 'Liberty' was floated by a high tide, drifted over to Goat Island, and is gounded at the north end, very near where the pirates were buried. What this prognosticates we leave to the determination of astrologers !" On August 7, the "Mercury" reported further: "Last Monday evening, just after the storm of rain, hail and lightning, the 'Liberty,' sloop, which we mentioned in our last to have drifted to Goat Island, near where the pirates were buried, was discovered on fire; and she continued burning for several days, till almost entirely consumed." Governor Wanton issued a proclamation on July 21, "directing and requiring all the officers of justice in this colony to use their utmost endeavors to inquire after and discover the persons guilty of the aforesaid crimes." His majesty's commissioners of customs offered a reward of fioo "for the apprehending and bringing to condign punishment the persons concerned in this daring and atrocious outrage." Neither proclamation nor reward availed; no doubt some of the Connecticut sailors from the brig and sloop were among the "unidentified strangers" who scuttled the "Liberty." The astrologers disclosed neither by prognostication nor by revelation what hand set the fire that burned the "Liberty."
At the session of the General Assembly in June, 1769, a committee was appointed to con- sider a letter received from Payton Randolph, Speaker of the Virginia House of Burgesses, enclosing resolutions adopted by Virginia on May 16. At the October session the Assembly adopted as its own the second, third and fourth Virginia resolutions, excepting the first, because Rhode Island had already adopted and sent to the King a resolution, stronger than that from Virginia, declaring the Assembly's exclusive right to levy taxes in Rhode Island. Otherwise the resolutions declared the rights ( I) to petition the King for redress of grievances; and (2) to trial by a jury of the vicinage. The latter was a protest against the threat to carry persons arrested on the charge of treason to England for trial there, because American juries invari- ably acquitted their fellow-citizens charged with the violation of laws which, from the American point of view, were unconstitutional. Meanwhile Sherwood, with resident agents of other American colonies, had been in conference with Hillsborough; the latter, Sherwood wrote, "repeatedly assured us that the legislature and ministry here had laid aside every idea of rais- ing a revenue in America for the service of the government ; and that it was resolved upon by them to repeal the act laying duties upon paper, glass and colors; and that every reasonable and proper measure would be taken to remove the jealousies, fears and apprehensions of the Americans." A more effective weapon than resolutions and disorder-the boycott of English goods which had been so convincing as a protest against the stamp act-had been revived, and associations of merchants bound by agreements not to import English goods and of consumers bound by agreements not to buy English goods, had risen throughout the colonies. The Sons of Liberty, and in Rhode Island the Daughters of Liberty, organizations suggested by Colonel Barré's appeal for America in the debate on the stamp tax, were revived. Liberty trees, dedi- cated as meeting places for patriots, were found in most towns. The Providence Liberty Tree had been dedicated July 25, 1768, by Silas Downer, thus :
We do, in the name and behalf of all the true sons of liberty in America, Great Britain, Ireland, Corsica, or wheresoever they may be dispersed throughout the world, dedicate and solemnly devote this tree to be a tree of liberty. May all our councils and deliberations under its venerable branches be guided by wisdom, and directed for the support and maintenance of that liberty which our renowned forefathers sought out and found under trees and in the wilderness. May it long flourish, and may the sons of liberty often repair hither to confirm and strengthen each other ; when they look toward this sacred elm may they be penetrated with a sense of their duty to themselves and their posterity ; and may they, like the house of David, grow stronger and stronger, while their enemies, like the house of Saul, shall grow weaker and weaker. Amen.
250
RHODE ISLAND-THREE CENTURIES OF DEMOCRACY
As orator of the occasion, Silas Downer pronounced a discourse upon the problems of the time, including paragraphs so incisive as these :
But of late a new system of politics has been adopted in Great Britain, and the common people there claim a sovereignty over us although they be only fellow subjects. . . . It is now an established principle in Great Britain that we are subject to the people of that country, in the same manner as they are subject to the Crown. The language of every paltry scribbler, even of those who pretend friendship for us in some things is after this lordly style-our colonies, our western dominions, our plantations, our islands, our subjects in America, our authority, our government, with many more like imperious expressions. Strange doctrine that we should be thus subjects of subjects, and liable to be controlled at their will! It is enough to break every measure of patience that fellow subjects should thus assume such power over us. . . . If the King was an absolute monarch and ruled us according to his absolute will and pleasure, as some Kings in Europe do their subjects, it would not be in any degree so humiliating and debasing, as to be governed by one part of the King's subjects who are but equals. .
A standing army in time of profound peace is cantoned and quartered about the country to awe and intimidate the people. Men-of-war and cutters are in every port, to the great distress of trade. . . . Unless we exert ourselves . sentry boxes will be set up in all streets and passages, and none of us will be able to pass without being brought to by a soldier with his fixed bayonet, and giving him a satisfactory account of ourselves and business. Perhaps it will be ordered that we shall put out fire and candle at eight of the clock at night, for fear of conspiracy. For such fearful calamities may the God of our fathers defend us. . . . Wherefore, dearly beloved, let us with unconquerable resolutions maintain and defend that liberty wherewith God hath made us free. . . . Let nothing discourage us from this duty to ourselves and our posterity. Our fathers fought and found freedom in the wilderness; they clothed themselves with the skins of wild beasts, and lodged under trees and among bushes; but in that state they were happy because they were free. Should these, our noble ancestors, arise from the dead, and find their posterity truckling away that liberty which they purchased for so dear a rate, for the mean trifles and frivolous merchandise of Great Britain, they would return to the grave with a holy indignation against us. . . Let us, therefore, in justice to ourselves and our children break off a trade so pernicious to our interest, and which is likely to swallow up both our estates and our liberties. . . . We cannot, we will not, betray the trust reposed in us by our ancestors ; we will be free men or we will die.
On year later "the merchants, traders, farmers and mechanics, and in general, all the sons of liberty, in this and the neighboring towns," were invited to meet at the Liberty Tree to consult and agree upon effectual measures to discourage the importation and consumption of European goods. Another meeting at the Liberty Tree was held October 17, and at the town meeting on October 24, 1769, it was resolved by the freemen "that they would not, directly or indirectly, from that time until the act imposing duties upon glass, paper, etc., shall be repealed, give any orders for importing, by land or water, into this colony, either for sale, or for their own families' use, or purchase of any other person importing any of the articles enumerated in an agreement entered into and signed by a number of the inhabitants of this town on the second day of December, 1767 . . . and that they would strictly adhere to the measures thereby adopted, by endeavoring most effectually to discountenance luxury and extravagance in the use of British and foreign manufactures and superfluities ; and by exerting their utmost endeavors to promote and encourage, by all laudable methods our own manufactures, more especially the articles of wool and flax, the natural produce and staple of this colony." At the same meeting the merchants of the town agreed to place in bond "divers parcels of goods" ordered for import and daily expected to arrive from England. Stubborn as were the Eng- lish ministers of the period in maintaining what they considered the principle involved in taxa- tion of the colonies, even when the impracticability of taxation had been demonstrated by failure of both the stamp act and the Townshend measures, they were too far removed from America to understand that they had awakened there a devotion to liberty, amounting to a consecrated idealism, that would not yield. The boycott was continued vigorously until the repeal of the Townshend tariff on all articles save tea; thereafter there was disagreement in
251
THE IMPENDING REVOLUTION
America as to the necessity of continuing the boycott on all articles of British manufacture, and eventually the non-importation, non-consumption, policy was abandoned except as to tea. The colony of Rhode Island itself participated in the boycott; thus, in June, 1770, the Gen- eral Assembly requested Moses Brown "to import from England for the use of this colony seven boxes of Bristol or Newcastle crown sash glass, to wit: Three boxes of twelve by six- teen, three of eleven by fifteen, and one of twelve by seventeen; to contain seven hundred feet in the whole; that the same be shipped as soon as conveniently may be, after the duty on glass ceases, and the other governments generally import that article." Agreements to boycott Eng- lish goods were regarded as binding in honor, but not in law. A Massachusetts merchant who violated an agreement not to sell, and whose goods were taken from him and burned, sued in the courts of Rhode Island members of the committee appointed to enforce the agreement ; the jury's verdict for the plaintiff was sustained by the court. Parliament repealed the Town- shend tariff, except on tea, in 1770. A motion to include the tax on tea in the repeal was rejected, lest it be construed as a surrender of the alleged right to tax the colonies.
Only the tariff had been repealed, and that in part. The English ministry was persistent in pursuing its policy of maintaining an army in America and in enforcing the trade and navi- gation acts. Hillsborough, in December, 1770, announced "an augmentation to the King's forces, consisting of an additional light company to every battalion, and of twenty men to every company . . .. and it being of great importance in the present situation that the several battalions now serving in America should be completed as soon as possible," urged the Gov- ernor to assist in raising "such a number of recruits as shall be sufficient for that purpose." Early in 1771, General Gage, commanding the British forces in America, requested the Gov- ernor to provide quarters for his majesty's Sixty-fourth Regiment. The General Assembly deferred action, authorizing the Governor to call a special session should occasion arise. At the May session, 1772, the Assembly approved and ordered paid a bill for the expense of bil- leting a detachment of British soldiers passing through the colony. A suggestion of revival of the old controversy concerning control of the colony militia appeared in a letter from Governor Hutchinson* under date of September 2, 1771, announcing his commission as "captain-general and commander-in-chief of the militia, and of all our forces by sea and land within the colony of Rhode Island and Providence Plantations, and the Narragansett Country, or King's Prov- ince in New England, and of the forts and places of strength within the same."
The enforcement of the trade and navigation acts involved more substantial difficulty and was made particularly vexatious by reason of the officiousness of customs officers and naval officers. The former were frequently in conflict with the colony officers; the latter ignored the laws of the colony on an assumption of higher authority. Both kept a steady stream of complaints moving toward England, some of which were disregarded by the English govern- ment as trivial, although occasionally an outburst of indignation was indicated by exchanges of curt correspondence with colonial officers. The situation was difficult and fraught with danger. The dissatisfaction with an unjust law that appears to warrant disregarding or break- ing it tends to breed contempt for other law and sometimes for all law. For England it had been unfortunate that so much of legislation as affected America had been interpreted as vio- lating dearly cherished rights of Americans. The ultimate effect was the disposition in Amer- ica to regard all English officers as agents for tyranny. Coincidentally the almost utter disre- gard by English officers of colonial laws and of colonial officers left the latter in an embarrass- ing situation. Occasionally, however, it served the purpose of absolving the colonial govern- ment from responsibility. Thus, in July, 1771, Hillsborough complained of certain outrages committed on customs officers and "the neglect of the governors and civil magistrates in giving their assistance and protection," and particularly "that some of the most violent of these out-
*Of Massachusetts.
252
RHODE ISLAND-THREE CENTURIES OF DEMOCRACY
rages have been committed at Newport, in Rhode Island, particularly in April last, when the collector of his majesty's customs at that port, was, in the execution of his duty, assaulted and grossly ill-treated, even to the danger of his life, by a number of the inhabitants, without any protection being given him; that, in general, the officers of the customs have received no sup- port or countenance from that government, and have in vain applied to the superior court for writs of assistance in cases where such writs were adjudged necessary." Hillsborough sug- gested that it would be well "to consider what must be the consequences, if, after such repeated admonition, the laws of this kingdom are suffered to be trampled upon, and violences and out- rages of so reprehensible a nature are committed with impunity." Governor Wanton answered "that Mr. Dudley, collector of the customs at Newport, in April last, in the dead time of the night, singly and alone, went on board a vessel lying at one of the wharves in Newport, where he met with a number of persons, supposed to be drunken sailors, and was cruelly and scan- dalously abused by them; that Mr. Dudley never applied to any civil authority for protection or assistance until after the abuse had happened ; . . .. and that Mr. Dudley, or any other persons, never afterward made any application to any of the authority in this colony for appre- hending those persons who had thus abused him." Governor Wanton asserted that the civil courts were open for justice, and that he believed the assault had been "wholly perpetrated by a company of lawless seamen." He also declared that no application for a writ of assistance had been made to any court in Rhode Island, and that the justices declared "that when any application should be made to them by the custom house officers, for writs of assistance or other protection, that they would readily and cheerfully give them every assistance in the execution of their duty which the law puts in the power of the superior court to give." The Governor complained of the customs officers "for their abusing and misrepresenting the col- ony of Rhode Island and its officers," and hoped that his lordship would transfer his "repre- hensions from the innocent colony of Rhode Island to those guilty officers who have so shame- fully misinformed you." Governor Wanton refused in 1775 to take the definite step that involved separation from England; but he was throughout the critical period in which the revolution impended wanting in no effort to sustain the Charter and the rights of Rhode Island. In this respect he upheld the tradition of his family, which had given three other Gov- ernors to colonial Rhode Island.
BURNING OF THE "GASPEE"-The "Gaspee," armed sloop, appeared in Narragansett Bay in March, 1772, and almost immediately began to harass shipping. Deputy-Governor Sessions, on March 21 wrote to Governor Wanton from Providence :
The inhabitants of this town have of late been very much disquieted in their minds by repeated advices being brought of a schooner, which for some time past hath cruised in Narragansett Bay, and much disturbed our navigation. She suffers no vessel to pass, not even packet boats, or others of an inferior kind, without a strict examination ; and where any sort of unwillingness is discovered, they are compelled to submit by an armed force. Who he is, and by what authority he assumes such a conduct, it is thought needs some inquiry ; and I am requested by a number of gentlemen of this town, on their behalf, to acquaint your honor there- with, and that you would take the matter under consideration; and if the commander of that schooner has not yet made proper application, and been duly authorized, to bring him to account. It is suspected he has no legal authority to justify his conduct; and his commission, if he has any, is some antiquated paper, more of a fiction than anything else, and this seems to be confirmed by Mr. Thomas Greene, who says he saw it, and believes it to be no other than the commission the famous Reed had, who lost his sloop at Newport, or something else of no validity. In consequence of the above-mentioned application, I have consulted with Chief Justice Hopkins thereon, who is of opinion that no commander of any vessel has any right to use any authority in the body of the colony without previously applying to the Governor, and showing his warrant for so doing, and also being sworn to a due exercise of his office; and this, he informs me, has been the common custom in this colony.
253
THE IMPENDING REVOLUTION
Governor Wanton thereupon sent the high sheriff on board the "Gaspee" with a statement that a complaint had been made because the schooner had "in a most illegal and unwarrantable manner, interrupted . . . . trade by searching and detaining every little packet boat plying between the several towns." The Governor directed the commander of the "Gaspee" "to produce me your commission and instructions, if you have any, which was your duty to have done when you first came within the jurisdiction of the colony." Lieutenant Dudingston, com- manding the "Gaspee," replied: "When I waited on you on my arrival I acquainted you of my being sent to this government to assist the revenue. I had my commission to show you, if required, as it was ever understood by all his majesty's governors I have had the honor to wait on, that every officer commanding one of his majesty's vessels was properly authorized, and never did produce it, unasked for." Governor Wanton thereupon repeated his request, thus : "I expect that you do, without delay, comply with my request of yesterday; and you may be assured that my utmost exertions shall not be wanting to protect your person from any insult or outrage on coming ashore." The correspondence, up to this point, reflected the tensity of the situation, and the animosity against the "Gaspee" aroused within a short time after her appearance in Rhode Island waters. The searching of packet boats plying wholly within the waters of the bay could scarcely be justified without reasonable evidence that they carried cargoes that could be identified as smuggled.
Lieutenant Dudingston reported his correspondence with Governor Wanton to Admiral Montagu at Boston; the latter wrote to Governor Wanton early in April, asserting that the "Gaspee" had been sent to Rhode Island "to protect your province from pirates, and to give the trade all the assistance he can, and to endeavor, as much as lays in his power, to protect the revenue, and to prevent (if possible) the illicit trade that is carrying on at Rhode Island." The Admiral continued : "He, sir, has done his duty, and behaved like an officer; and it is your duty as a governor to give him your assistance, and not to distress the King's officers from strictly complying with my order. I shall give them directions that, in case they receive any molestation in the execution of their duty, they shall send every man so taken in molesting them, to me. I am also informed the people of Newport talk of fitting out an armed vessel to rescue any vessel the King's schooners may take carrying on an illicit trade. Let them be cau- tious what they do, for, as soon as they attempt it, and any of them are taken, I will hang them as pirates. I shall report your two insolent letters to my officer, to his majesty's secre- taries of state, and leave them to determine what right you have to demand a sight of all orders I shall give to all officers of my squadron; and I would advise you not to send your sheriff on board the King's ship again, on such ridiculous errands. The captain and lieutenant have all my orders, to give you assistance whenever you demand it, but further, you have no busi- ness with them; and, be assured, it is not their duty to show you any part of my orders or instructions to them."
The Governor's answer was worthy of a Wanton: "Lieutenant Dudingston has done well in transmitting my letters to you, which I sent him; but I am sorry to be informed there is anything contained in them that should be construed as a design of giving offence, when no such thing was intended. But Mr. Dudingston has not behaved so well, in asserting to you 'he waited on me, and showed me the admiralty and your orders for his proceedings, which agreeably to his instructions, he is so to do'; but in that he has altogether misinformed you; for he at no time ever showed me any orders from the admiralty or from you; and positively denied that he derived any authority either from you or the commissioner; therefore, it was altogether out of my power to know, whether he came hither to protect us from pirates, or was a pirate himself. You say 'he has done his duty, and behaved like an officer.' In this I apprehend you must be mistaken; for I can never believe it is the duty of an officer to give false information to his superiors. As to your attempt to point out what was my duty as
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.