USA > Rhode Island > Providence County > Providence > State of Rhode Island and Providence Plantations at the end of the century : a history, Volume 1 > Part 38
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The Governor and the general assembly, constituting the lawful authorities, utterly ignored the movement. Their aetion, however, in January, 1841, and at subsequent sessions showed that they recognized
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the serious nature of affairs. At the May session, on motion of Mr. Mowry of Smithfield, the apportionment of the delegates had been changed so as to base it upon population. And at the session in June a memorial from the Suffrage Association, asking that legal eitizens who paid taxes upon real estate or personal property be permitted to vote upon the adoption of the proposed constitution, was warmly discussed by Messrs. Atwell of Gloeester and Ames of Providenee, respectively in favor of and against the proposition, and was lost, the vote being ten to fifty-two.
At the opening of the January session, in 1842, Mr. Atwell intro- dueed resolutions in the house providing for the acceptance of the Peo- ple's constitution. A copy of the constitution, together with a certifi- cation of the vote upon it, had been transmitted to the general assem- bly by direction of the convention, and many of the more sanguine suffragists entertained the hope that the assembly would aeeept the constitution as in aeeordanee with the undoubted will of the people. Mr. Atwell's resolutions were supported by Messrs. Gavitt, J. H. Clarke and W. S. Burges, and opposed by Messrs. Randolph, Cranston, Dixon, King, Bosworth, Spencer, Whipple and others, and were lost by a vote of eleven to fifty-seven. Mr. Barber of Hopkinton then presented resolutions condemning the actions of the People's eonven- tion, and they were accepted by a vote of sixty to seven. An act was passed providing that persons qualified to vote by the provisions of the new constitution should be qualified to vote on its aeeeptanee.
The laws against masonry had been a dead letter for some time, and at this session, Mr. Atwell presented an aet repealing the forfeiture aet of February 1, 1834, and the hostile legislation of January 27, 1835. The repeal act passed the house by a vote of 37 to 17, and was accepted by the senate. This ended the public war against free masonry in Rhode Island.
In February, 1842, the Landholders' convention reeonvened. The preceding events, and especially the faet that a large pereentage, if not a majority of the freemen, had aeeepted the suffrage constitution, had convineed the conservative members that some eoneession was neces- sary. The draft of their own constitution was therefore reconsidered, and its suffrage provisions were extended. But as the convention had previously refused to give the eldest sons of freeholders the ballot, many believed that the actual number of votes would be lessened instead of inereased. Mr. Dorr attended this convention, and took an early opportunity to offer a motion that the body adjourn without day, in view of the aceeptanee of the People's constitution by popular vote. His motion was rejected-11 to 51. The convention voted to submit its constitution to popular vote on March 21, 22 and 23, and a warm contest took place over it between the charter and the suffrage parties. Great efforts were made by the former to secure its acceptance. The
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opinion of the Supreme Court to the effect that the action of the People's convention was unlawful and revolutionary ; and the opinions of the senators and representatives in Congress and of all the ex- Governors of the state, and of various other prominent public and private personages were obtained to the same effect. To offset in some measure the judicial and congressional thunderbolts against their document, the Suffragists published the opinions of Judge Pitman of the United States District Court, and of nine Democratic lawyers, to the effect that they considered the People's constitution to have been legally adopted. Many of the Suffragists, however, were disposed to drop the People's constitution, and, by accepting the practical benefits of the Landliolders' constitution, avoid any trouble. That was un- doubtedly the most prudent course for them to have adopted, as they would have thus secured more than was again likely to be conceded to them by the freeholders. But Mr. Dorr was a radical, and would make no compromise. "The People's constitution," he said, "has been adopted, and is the law; this device of our enemies to perplex the decision should be voted down." His advice was followed. In a total vote of 16,702-nearly three thousand more than had voted for the People's constitution-8,013 voted for and 8,689 against the Land- holders' constitution.
A special session of the general assembly had been called to meet in March, and after the rejection of the Landholders' constitution, Mr. Atwell moved that the People's constitution be submitted to a vote of the freeholders. The motion was lost-three to fifty-three. A resolu- tion warning the people against unlawful acts, was passed by a vote of sixty to six, and a bill introduced by W. S. Burges, for an extension of suffrage, failed, four to sixty.
The suffrage party held numerous meetings, at which the people were called upon to be ready to enforce the popular will by arms, if necessary. Armed bands were organized and drilled and almost night- ly paraded the streets, and two or three chartered military companies decided to support the suffrage cause. In consequence of these threats to resist the constituted authorities, the charter party, who were called " Algerines" by the suffragists, because of the alleged tyranny of their measures, assumed for themselves the name of the "Law and Order" party. Governor King convened the general assembly in extra session on April 25, to take precautionary measures to preserve the public peace. An act was passed to "prevent riots and tumultuous assem- blages", by the terms of which it was made " a misdemeanor, punishable by fine and imprisonment" for any person to act as moderator or clerk at any election meeting under the People's constitution, and treason for any one to accept office under it.1 At the same time the assembly
1 This act made a person who allowed his name to be used as a candidate in elections other than those held in accordance with state laws, subject to a year's
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gave Governor King authority to take sueh measures as he should dcem best to protect the publie property, to fill vacancies, should any exist among the officers of militia, and to grant eommissions, at his disere- tion, to officers of independent companies. A board of couneillors, consisting of Lieutenant-Governor Diman, ex-Governors Fenner and Arnold and four others was chosen to advise with the Governor, and the inhabitants of Providenee were authorized to organize special poliee companies to assist in "the prevention or suppression of any tumult, riot or mob in said city". Governor King warned the militia to be in readiness for service at thirty minutes' notice. The passage of this act caused many of the more conservative of the Suffragists, who had never intended to resort to force, to withdraw from the organ- ization and submit to the constituted authorities.
But meanwhile, Mr. Dorr and the leaders who stood by him were struggling to set up the People's government. After counting the votes, the People's convention had, on January 13, 1842, passed resolu- tions, declaring the constitution to have been duly ratified and adopted by a majority of the people of the state, and directing the officers of the convention to make proclamation in due form that the said constitution was to be henceforth the supreme and paramount law and constitution of the state. The proclamation was made, and an election was held under the new (People's) constitution on April 18, 1842, resulting in the election of Thomas W. Dorr as Governor, a general assembly, and the usual elective state officials. The People's assembly met in Provi- dence on May 3, received Governor Dorr's inaugural message, and after remaining in session two days, during which a few unimportant acts were passed, adjourned to meet in Providenee again on the first Monday in January. It never reconvened, as the movement was suppressed.
On April 20, came the regular charter eleetion. To the law and order candidates, Samuel W. King and Nathaniel Bullock, was op- posed a Democratic, or Suffragist ticket, with Thomas F. Carpenter for Governor and Wager Wecden for Lieutenant-Governor. Many of the Suffragists, however, declined to recognize the validity of an election hield under the eharter and took no part. King was elected by 2,648 majority, Carpenter's vote being only 2,211. Only ten Suffragists were elected to the assembly.
Governor King in April sent a committee, consisting of John Whip- ple, John Brown Franeis and Elisha R. Potter, to Washington to ac- quaint President Tyler of the situation in Rhode Island, and to solicit aid from the general government in maintaining the constituted officers
imprisonment and $2,000 fine, and any one who assumed a state office because of such election would be deemed guilty of treason and subject to life imprison- ment. This act was called by the Suffragists the" Algerine Law", in comment upon its arbitrary nature.
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in authority. He also wrote directly to the President to the same effect. President Tyler declined to interfere previous to an actual outbreak, but promised, if an insurrection should take place, to aid the established government if such a course should become necessary.
The "inauguration" of Governor Dorr had been accompanied by a show of force. Two military companies, with muskets loaded, as was claimed, with ball cartridges, had accompanied the procession of two thousand persons who escorted the "People's" Governor and general assembly to the place of meeting. The Law and Order party had closed and barricaded the State House, and the new government was forced to meet in an unfinished building intended for a foundry. Had the Suffragists at once broken into the State House and taken posses- sion of it and of the arsenal they would probably have succeeded, as public sentiment, in Providence at least, was considerably in their favor.1 But, although Mr. Dorr was in favor of such a course, most of the other leaders feared to take so radical a step. The legal general assembly met at Newport the same day (May 3) and all the leading state officials were away. It was the most favorable time for the accomplishment of the Suffragists' purpose, to take possession of the state government, that could have been chosen, but the leaders hesi- tated, and their followers immediately began to fall away.
On May 4 a member of the People's legislature was arrested under the law recently enacted, and the arrest was followed by several others. This action frightened timid members and numerous resignations took place, so that, had the "assembly" again convened, it would doubtless have been without a quorum in either house. Mr. Dorr went to Wash- ington to request military aid of the general government, but was of course unsuccessful. On his return he issued a proclamation, assuring his followers that if the United States interfered against the people's cause, aid had been promised from other states, especially from New York, and that force would be met with force.
The Law and Order assembly met at Newport on May 4 and passed resolutions declaring that a state of insurrection existed, and asking for the interposition of the authority and power of the national gov- ernment. Governor King despatched Representatives Randolph and Potter to Washington as messengers to President Tyler, and awaiting the latter's answer, the assembly adjourned from the 6th till the 11th of May, when the Governor informed the two houses of the result. The President declined to intervene before the commencement of hos- tilities, and would not at all unless satisfied that the state authorities would "be unable to overcome" the insurrectionists. He tendered the Governor, however, the assurance of his "distinguished considera-
1 The records show that 1,060 freemen and 2,496 non-freemen, or 3,556 in all, voted in Providence for the People's constitution. The vote of Providence in well-contested elections, had seldom exceeded one thousand.
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tion." But such as it was the assembly ordered copies of the President's letter to be printed and circulated, together with Governor King's proclamation, as a warning to the Suffragists to desist from their unlawful practices.
During Mr. Dorr's absence, both parties were pushing on military preparations. The charter authorities had caused the militia compan- ies to be filled up and drilled, had placed a guard in the state arsenal, a strong stone building containing several pieces of artillery and a quantity of small arms and ammunition, had called upon the citizens to arm for the defense of the city, and had furnished all who applied with arms for this purpose. The Suffrage people were also doing all they could in the same direction, but, although they succeeded in collecting a considerable quantity of arms, a portion of which came from without the state, they experienced some difficulty in finding men to use them.
Finally, on the 18th of May, Mr. Dorr determined to attack the arsenal and take possession of the property there. He had, all told, according to his own statement, but two hundred and fifty men and two pieces of artillery. They started for the arsenal at two o'clock in the morning, and many of Dorr's forces, knowing that they were greatly outnumbered, slipped away in the darkness. A summons to surrender was contemptuously refused, whereupon more men deserted, including Dorr's second in command. To render the situation worse, some one had treacherously disabled the guns, so that when the match was applied they flashed without result. Finally Dorr retreated with thirty-five or forty men, all that remained at the end of this bloodless battle. Dorr fled to Connecticut, and was in hiding for some time, but returned in the latter part of June to the village of Chepachet in the town of Glocester, which had become the headquarters of the People's party. A force of nearly three hundred men, with five cannon, was collected, and preparations were made to resist the Law and Order forces. The state militia to the number of about three thousand, assembled at Providence and marched against Chepachet on the morn- ing of June 28. Aware that resistance was useless, Dorr dismissed his small forces and again fled to Connecticut. The only blood shed during this entire trouble, which is known in history as the "Dorr War", was in Pawtucket village, where some of the militia on June 27th fired into a riotous crowd, and killed an innocent spectator named Alexander Kelby. A good many arrests of persons suspected of taking part in the Dorr movements were made, and doubtless in some cases the triumphant militiamen who were sent to search houses were rough and brutal in their treatment of the suspects and their families. Most of the persons arrested were discharged after examination, but several were imprisoned and subsequently tried and sentenced for treason.
A reward of five thousand dollars was offered for Dorr's arrest, and
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he was pursued by a party which included some of his own relatives, but he escaped and found a refuge in New Hampshire, where Governor Hubbard received him with honor, and refused to surrender him.
At the June session of the general assembly, in 1842, a resolution by Mr. Clarke, calling a constitutional convention, passed the house by a vote of fifty-four to one, after an amendment by Mr. Daniels, extend- ing the privilege of voting on the the adoption of the constitution to all male citizens, had been rejected by a vote of six to fifty-eight. The Governor was authorized at this session to proclaim martial law when- ever, in his judgment, such action should be necessary and the assem- bly afterward declared martial law to be in force until suspended by the Governor.
The constitutional convention met at East Greenwich in September, elected ex-Governor Fenner as presiding officer, and proceeded to form a constitution. It completed its labors on November 5, the document was submitted to the people on the 21st, 22d and 23d of the same month and was accepted by them by a vote of 7,032 to 59. The suffrage people generally, on the advice of their leaders, abstained from voting. In submitting the constitution the question of confining the suffrage to white male citizens had been left to the decision of the voters, and 1,798 had voted for such restrictions, and 4,031 against it. Thus it happened that the Algerine constitution gave the colored citizens of the state citizenship privileges which the People's constitution had refused them. In consequence of this feature of the constitution the assembly repealed the act of June, 1841, whereby blacks and other people of color, not freemen of the state, were exempted from taxation. The assembly also passed an act to regulate the election of civil officers and provide the minor changes necessary to conform to the provisions of the new constitution. A resolution by this last assembly under the charter-a body which was overwhelmingly Whig in its political prin- ciples, shows the regard in which ex-President Jackson was really held by his political opponents. It passed a resolution instructing the Rhode Island senators and representatives in Congress to use their exertions to secure the passage of a law for the repayment of the fine imposed upon him a generation before by the United States District Court in Louisiana, that he might "be solaced by the reflection that every imputation upon his character had been removed".
Although the Democrats and Suffragists had abstained from voting for or against the constitution, they were satisfied that resistance to its provisions would be useless, and they resolved to contest the April election in 1843. By the advice of Dorr and other leaders, the newly enfranchised citizens of liberal sentiments had registered in consider- able numbers, and the suffrage leaders were hopeful of carrying the election. Thomas F. Carpenter and Benjamin B. Thurston were placed at the head of their ticket, while the Law and Order party
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nominated ex-Governor James Fenner for Governor, and Byron Dimon for Lieutenant-Governor. The total vote was 16,520, of which Fenner received 9,107 and Carpenter 7,392. Providence, in which 2,529 non- property voters had registered, and whose whole voting list contained 4,235 names, gave Fenner 2,118 and Carpenter 1,733 votes. The senate contained 24 Whigs and 7 Democrats, and the house 53 Whigs and 19 Democrats.
The passing of a government which had been in existence for one hundred and eighty years and the installation of a new and untried one was an occasion of considerable solemnity. In a monarchy consid- erable form and pomp would have been displayed, but the Rhode Island change was carried out on election day at Newport in a very simple fashion. The affair took place in the little State House. Most of the members of the old assembly were re-elected for the new one. The charter assembly met in grand committee and appointed a joint committee of nine members1 to be present at the organization of the government under the constitution and make report, in order that the charter general assembly might know when its functions had been ended. This done, the two houses of the new assembly were called to order, and met in grand committee with Governor King in the chair. The votes for state officers were canvassed and the result announced. Then a committee of ten, three of whom were members of the charter committee, entered to inform the dying assembly that the government under the constitution was duly organized. The two grand commit- tees were both in the house chamber, and Governor King, without leav- ing his seat, called the charter one to order again. It received the report and then ordered itself dissolved.
Under the new constitution the senate, which had been composed of ten members, elected on the state ticket, was increased to thirty-one members, one from each town and city, elected by the individual municipalities. The membership of the house was the same as under the charter, but members were distributed according to population with certain limitations. Every town was to have at least one member, and no municipality could have more than one-sixth of the whole. Under the new arrangement Providence's apportionment was raised from four to twelve-one-sixth of the whole number; Newport's was re- duced from six to five; Warwick's remained four and Portsmouth's was reduced from four to one. Of the other towns-each of which had two members under the charter, Smithfield's number was increased to six, and North Providence, Cumberland and Scituate each to three ; Cranston, Johnston, Glocester, Tiverton, South Kingstown, North Kingstown, Coventry, Bristol and Warren had two apiece ; and each of the remaining fifteen towns had one member.
1 All this committee were Whigs, all but one members of the constitution as- sembly, and one, the venerable James Fenner, was the Governor-elect.
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The Supreme Court was reorganized and a third assistant justice elected at the May session. The thanks of the assembly were voted to Henry A. S. Dearborn, the adjutant-general of the Massachusetts militia, for the loan of arms to Rhode Island during the troubles of the year before, whose action, however, had been disavowed by both the Governor and the legislature of his own state. A new militia law, designed to increase the efficiency of the citizen soldiery in case of internal or external trouble, was passed at the June session of the assembly, and in October money was appropriated to reimburse Col- onel William P. Blodget and Stephen Hendrick for money expended by themselves in prosecutions brought against them by the state of Massachusetts for entering a dwelling in Bellingham, during the Dorr war, and arresting several Dorrites, in the execution of a military order.
At the June session in 1843 the state was divided into two districts, to be called the eastern and western districts, and the qualified electors in each were entitled to elect a representative in Congress. At the previous January session the date for the congressional elections had been changed to August. It had been customary for many years to elect one member each from Providence and Newport counties-the two capitals usually furnishing the candidates. Both were now in the eastern district and only one of the sitting congressmen could be re- nominated. As it happened, both retired, and Henry Y. Cranston, a brother of the Newport congressman, was nominated for the position by the Whigs and Law and Order men. Elisha R. Potter received the nomination of the same party in the western district. The Democratic candidates were John H. Weeden of North Providence and Wilmarth N. Aldrich of Glocester. The Whig candidates were elected by large majorities.
The murder, on December 31, 1843, of Amasa Sprague, a represen- tative from the town of Cranston in the general assembly, the head of the cotton manufacturing house of A. & W. Sprague, and a brother of Senator Sprague, caused the latter to resign his seat in the United States senate, and the vacancy was filled on January 25, 1844, by the election by the assembly of ex-Governor Francis. The vote stood 67 for Francis and 26 for Christopher Spencer, whom the Democrats supported.
A new license law was passed in January. It made the maximum license fee for retailers and wholesalers $50 and $25, respectively, and gave one-half of the total proceeds from this source to each town or city, and the other half, less two-and-a-half per cent. for collection, to the state. An elaborate election law was also enacted. A noticeable feature of it was a provision by which, in case of bribery, both the giver and the taker were to be punished in equal degree. The militia law was again amended and the formation of independent companies
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continued to be cneouraged by the bestowal of charters. A law giving married women control over their own property was passed at this session after a lengthy discussion.
Direetly after the adjournment of the January session of the assem- bly a memorial, signed by the eight Demoeratie members of the senate and the cighteen of the house, was presented in the national house, asking that the right of the sitting members of that body from Rhode Island to their seats be investigated, to ascertain if a portion of the frecmen of the state had not been deprived of their right to vote by the suppression of the suffrage government. The memorial eaused great indignation among the Law and Order citizens. Governor Fenner called the assembly together in extra session in March to take aetion upon what he considered an unwarrantable interferenee of the national government with the internal affairs of an individual state. A joint committee, composed entirely of Whigs, was appointed to investigate the conduet of the Democratic members. The latter were charged with having violated their oaths to support the constitution, and with having committed virtual treason against the state in ealling for the interferenee of the national government in the internal affairs of the state. Three of the Democratie senators wavered, elaiming that they had signed the memorial without clearly understanding its terms, but the rest stoutly defended themselves, declaring that although bound by oath to support the de facto constitution, they believed that that of the "People" had been lawfully adopted, and that their opponents had set them the example of asking for national interference in Rhode Island affairs, when they had asked for United States troops to help suppress the government set up under the People's constitution. A series of resolutions, denying the right of the United States to inter- fere in the internal affairs of the individual states, and eensuring the Democratic memoralists was passed by a striet party vote.
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