USA > Rhode Island > The Dorr war; or, The constitutional struggle in Rhode Island > Part 12
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Governor King sent John Whipple, John Brown Francis, and Elisha R. Potter to carry these letters and also copies of the acts of the General Assembly, and other documents relating to the con- ditions in the State, including the affidavits just cited. The com- mission fully laid the matter before the President, and remained in Washington several days, doing whatever they could to influence both the executive and legislative branches in favor of the law and order party. (8)
April 11, 1842, President Tyler sent a reply to Governor King, in which he regretted "the unhappy condition of things in Rhode Island." He, however, looked upon the controversies as " questions of . municipal regulation with which this Government can have nothing to do." The President then carefully defined what he believed to be his powers under the Constitution and laws of
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the United States. (a) The reason urged for refusing aid was that he nowhere found authority to anticipate a revolutionary movement.
He did, however, clearly commit himself to two propositions which put him on the side of the law and order party in their adherence to the old charter. The first was to give the important assurance that if an insurrection should "actually exist against the government of Rhode Island, and a requisition [be then] made upon the Executive of the United States," the President would " not be found to shrink from the performance of a duty, which, while it would be the most painful, is, at the same time, the most imperative." In the second place, he denied that he had any right to look into the "real or supposed defects of the government," or to be the "armed arbitrator between the people of the different States and their constituted authorities." He added : "It will be my duty, on the contrary, to respect the requisitions of that gov- ernment which has been recognized as the existing government of the State through all time past, until I am advised, in regular manner, that it has been altered and abolished, and another sub- stituted in its place, by legal and peaceable proceedings, adopted and pursued by the authorities and people of the State."
The effect of the letter of the President, which was published immediately upon its arrival, can be readily judged. The govern-
(a) First, he quoted the provision of the constitution providing that "the United States shall guaranty to every State in this Union a 'republican form of government . . . and, on application of the legislature, or of the executive (when the legislative cannot be convened) against domestic violence." Next was cited the act of Congress, February 28, 1795, "that in case of an insurrection in any State against the government thereof, it shall be lawful for the President of the United States, upon application of the legislature of such State, or of the executive (when the legislature cannot be convened) to call forth such numbers of the militia of any other State or _States as may be applied for, as he may judge sufficient to suppress such insurrection." Additional authority existed, under the act of March 3, 1807. granting the President the right. in such cases as those enumerated above, to use the land and naval forces of the United States as well as the militia. Burke's Report, 658-659 : Letter of President Tyler.
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ment of the State was strengthened by the assurance that the Pres- ident would recognize the charter government until its successor had been legally chosen by the authorities as well as the people of the State. The law and order party was stimulated to resist the establishment of an usurping government, trusting that, in case an insurrection should arise, they could depend upon the aid of the United States. The letter from the President, together with the " Algerine Act" of the legislature, caused many of the rank and file of the suffragists to weaken, and even played havoc, as has been seen, with the ticket which the party had prepared for the first election under the People's Constitution. Those who were unde- cided quickly joined the law and order party ; but the leaders of the suffragists continued their preparations for the election and inauguration.
One reason for this confidence is found in the letters written by Dr. J. A. Brown, the president of the Rhode Island Suffrage Association,(9) who had gone on a mission to Washington in the hope to counteract the efforts of Whipple, Francis, and Potter, and to obtain promises of assistance to the people's party, or at least to prevent the giving of aid to the charter government. In these letters, Dr. Brown assured his friends that he had met Sen- ator Allen of Ohio, who was heart and soul with the suffragists; that he had conversed with Wright, Benton, Buchanan, and a host of others. He had even had an interview with the President, and he wrote : " The President will never send an armed force to Rhode Island, or in any other way attempt to prevent the people from obtaining and enjoying their just rights."
However much Dr. Brown may have been deceived or may have deceived himself, in his interview with President Tyler, it is certain that he succeeded in obtaining the sympathies, political or
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otherwise, of some of the Democratic leaders at Washington. On the day of the people's election, April 18, 1842, Allen submitted a resolution to the Senate, requesting the President to give Con- gress all the information that he had " relative to proceedings which have taken place, or are in contemplation in that State [Rhode Island], with a view to the establishment of a constitutional repub- lican form of government for the people thereof, in the place of the land company Charter granted by King Charles II of Eng- land;" and, with this information, to communicate to Congress "all correspondence, proclamations, orders and proceedings," which had been taken by the President "touching the matter."(10) The resolution was read, ordered to be printed, taken up again two days later and passed over informally. (11) April 22, 1842, the reso- lution was laid on the table by a vote of 24 to 13, the negative vote being cast by : Allen, of Ohio; Benton, of Missouri; Buchanan, of Pennsylvania; Fulton, of Arkansas; Henderson, of Mississippi ; Linn, of Missouri; McRoberts, of Illinois; Smith, of Connecticut ; Sturgeon, of Pennsylvania; Tappan, of Ohio; Wilcox, of New Hampshire; Wright, of New York; and Young, of Illinois. (12) Five days later a motion to consider the resolution failed of passage, by 18 to 20: Archer, of Virginia; Bagly, of Alabama; and Calhoun, of South Carolina, had changed sides and voted for the consider- ation, as did also Sevier, of Arkansas; Williams, of Maine; and Woodbury, of New Hampshire; who did not vote on the former occasion. (13) April 28, consideration was again refused by 9 to 28;(11) and April 30, a motion to take up the resolution was also negatived. (15) Two more attempts were made to consider the reso- lutions, but both were defeated: one May 2, by a vote of 15 to 28;(16) the other May 17, by 15 to 23.(17)
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Meanwhile the President took no further important steps with regard to the difficulties in Rhode Island. May 2, the garrison at Fort Adams was raised from 10 officers and 109 men to 21 officers and 2SI men, (18) a change which, it is reasonable to suppose, would 1 not have been considered necessary had there been no trouble in the State. The orders issued from the Headquarters of the Army at Washington contain no statement of reasons for the large in- crease in the garrison at Fort Adams; (19) and it must be noticed, also, that the entire garrison consisted of artillery, and was quite remote from the probable scene of any conflict that might occur. The only other step taken was the direction to Major Payne, the commander at the fort, to use his best efforts to "obtain accurate information as to the probability of a conflict between the, two poli- tical parties now understood to be ready to resort to arms for the possession of the government of Rhode Island." The major was also directed to report daily to the Secretary of War and to Major- General Scott. (20) Whether or no the executive or the military authorities of the United States had any intention to take the part of either of the contesting parties, this attempt to obtain in- formation shows a distinct interest. .
As neither Congress nor the President was likely to take any immediate steps for or against either party in Rhode Island, all eyes were turned within the little commonwealth during the last week in April and the first week in May. No overt act was prob- able, on the part of the suffragists, before their inauguration day, May 3; but the charter officers-elect did not come into possession of the government until May 4: hence, the old government must deal with the beginning of the insurrection, and then turn the difficulty over to their successors. To be sure, the personnel of the two sets of officials was but slightly different, but the charter
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government was in great doubt of its status; the leaders were per- fectly certain of the wisdom of their position, but by no means sure what had been the effect upon their followers of the cries of " sovereignty," of "the people," of the "right to frame a constitu- tion." There was a general feeling of dread and expectancy. The government knew that even peaceful revolutions frequently carried with them persons who desired to obtain a personal benefit from a disturbed state of affairs. About this time the rumor became current that the suffragists had promised, if force was needed, that their followers might do what they would with "Beauty and the banks." (21) This baseless slander upon the suffrage leaders had sufficient circulation to increase the feeling of hesitation and fear. To the other troubles of the law and order party were also added threats of outside interference. (b)
Without waiting to meet the shock of a contest between rival governments, Governor King, toward the end of April, set in motion the legislature by calling a special session of the General Assembly ; and then took the unusual step of recommending a Board of Coun- cillors to advise and counsel with the Governor; he also suggested applying to the President for aid; and advised an organization of additional military force. (22) The message was referred to a com- mittee of ten-two from cach county. (23) In accordance with the report of this committee, the Board of Councillors was appointed by the General Assembly "to advise with the Governor as to the
(b) The Providence Journal, April 7, 1842, editorially spoke as follows : "THE GENERAL GOVERN- MENT DEFIED. Hitherto, although we have been accustomed to hear the State government defied, and the General Assembly threatened, even the Town House orators have professed to respect the General Government. But as the certainty grows more apparent that the General Government will interfere if called upon, as it is constitutionally bound to do, it becomes necessary for even that to be defied. The Express of yesterday therefore openly defies the General Government, and solicits 'aid from abroad' to assist in putting down the legal government, and to force upon the people of Rhode Island a constitution which they do not want."
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executive measures proper to be taken in the present emergency of the State." This Governor's Council consisted of : Richard K. Randolph, James Fenner, Edward Carrington, Lemuel H. Arnold, Nathan F. Dixon, Peleg Wilbur, and Byron Diman, "2" seven of the most noted political leaders in the State. (c) The appointment of this council seems entirely in accord with the charter; for such a body had once existed in the Board of Assistants, but its successor was the Senate, which had since become merely a legislative body. To create a new part of the government, with powers of its own, would have been a piece of constitution-making ; but there was nothing in the charter forbidding an advisory council, and its ap- pointment seems an act of wisdom. Another preparation for the crisis was the enactment of a statute which indicated fear of the disorders that accompany revolution : the riot act was amended by repealing the clause which required the delay of an hour before using military force after making or attempting to make proclama- tion of the riot act. (25)
Having thus shown its determination to stand by the charter, the law and order party was willing to yield to the feeling, preva- lent in this session, that the troubles could not be quieted until a new constitution had been adopted. Accordingly a proposition was made, April 27, to call a third convention to frame a constitution. This proposition caused a short, but vigorous, discussion, but gave , place to a motion to postpone the question until the next session
(c) James Fenner was one of the most popular Democrats in the State ; he had been Governor many times, and was again elected to the chair in 1843. The six other councillors were Whigs, and were prominent lights in their party councils. R. K. Randolph was the leader in the House, and was, the next month, chosen Speaker. Byron Diman was the Lieutenant-Governor of the State. Nathan F. Dixon was later a Representative to Congress, and was the son of a United States Senator, as well as the father of another United States Senator -- all three bearing the same name. Peleg Wilbur was a presidential elector in IS32, casting his vote for Henry Clay. Edward Carrington, though less prominently chosen to office, was well known in Rhode Island politics. -
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and to refer it to the government-elect (which would mean a delay of only . a week): this was carried by a vote of 45 to 12. (21) The session was nearly at an end; nothing was sacrificed by the delay.
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We have now come to the first of May, 1842; the two parties were drawn up, ready for the struggle ; the two governments-elect were ready to meet and organize ; the two governors-elect were waiting for the day when they could deliver their inaugural ad- dresses ; the people of Rhode Island were all on the qui vive, and there was a hush that precedes the storm. The people's legislature awaited the third day of May for its first session at Providence ; () the charter General Assembly would not meet until the next day, at Newport. (e)
(d) By the terms of the People's Constitution two sessions yearly of the General Assembly were provided. The session for the election of officers was appointed for the first Monday of June, at Newport, except the introductory session of the new government, which was to be at Providence on the first Tuesday of May. The Assembly was required to hold its winter session alternately at Provi. dence and at some place in the counties of Washington, Kent, or Bristol, as determined by the As- sembly in June.
(e) By the terms of the charter, the General Assembly was required to meet at least twice a year. The session for the election and inauguration of officers was appointed for Newport, on the first Wednesday of May. The other session might be held anywhere in the State, but was set for the last Wednesday in October. The principal meeting-places for the legislature, in the history of the charter government, had been-besides Newport-Providence, South Kingstown, East Greenwich, and Bristol, the shire towns of each county. The headquarters of the government had, by 1842, come to be Providence-the principal offices being in the Court House or State House in that city. The Freemen's Constitution would have introduced a still more complicated political geography : one session must be held at Newport, on the last Tuesday of May ; another annual session, on the last Monday of October, was appointed for South Kingstown once in two years ; at Bristol and East Greenwich, alter- nately in the intermediate years; the adjournment from the October session must be at Providence.
AUTHORITIES .- 1 New York Courier and Enquirer, Apr. 27, 1842. 2 Burke's Report, 655- 656 : Affidavit of Samuel Currey. 3 Burke's Report, 660-662 : Affidavit of Martin Stoddard. 4 Burke's Report, 663-665 : Affidavit of Jacob Frieze. 5 Burke's Report, 662 : Affidavit of Ham- ilton Hoppin. 6 Burke's Report, 665-667 : Affidavit of Christopher Robinson. 7 Burke's Report, 656-657 : Governor King's Letters to President Tyler. S New York Evening Post, Apr. 15, 1842 : Letter from Washington. 9 New Age, Apr. 16, 1842. 10 Congressional Globe, Il Scss., 27 Cong., 1841-42, P. 430 ; Senate Journal, II Sess., 27 Cong., 1841-42. p. 299 ; Senate Documents, II Sess.,
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27 Cong., 1841-42, IV, 244. 11 Congressional Globe, II Sess., 27 Cong., 1841-42, p. 432. . 12 Con- gressional Globe, II Sess., 27 Cong., 1841-42, p. 438 ; Senate Journal, II Sess., 27 Cong., 1841-42, P. 309. 13 Congressional Globe, II Sess., 27 Cong., 1841-42, P. 446 ; Senate Journal, II Sess., 27 Cong., 1841-42, P. 315. 14 Congressional Globe, II Sess., 27 Cong., 1841-42, P. 449 ; Senate Journal, II Sess., 27 Cong., 1841-42, P. 317. 15 Congressional Globe, II Sess., 27 Cong., 1841-42, P. 459. 16 Congressional Globe, II Sess., 27 Cong., 1841-42 p 462 ; Senate Journal, II Sess., 27 Cong., 1841-42, P. 323. 17 Congressional Globe, II Sess., 27 Cong , 1841-42, p. 506; Senate Journal, II Sess., 27 Cong., 1841-42, p. 347. 18 Burke's Report, 699 : Report of Assistant Adju- tant-General Thomas, Apr. 8, 1844. 19 Burke's Report, 700 : Letter from Assistant Adjutant- General Freeman to Colonel A. C. W. Fanning, commanding Fort Monroe, Va., dated Apr. 25, 1842. 20 Burke's Report, 701 : Letters from General Freeman to Major Payne, dated Apr. 25 and 26, 1842. 21 Burke's Report, 69-70. 22 Rhode Island House Journals, Apr. 25, 1842 ; Rhode Island Acts and Resolves, Apr., 1842, pp. 3-9 ; National Intelligencer, Apr, 28, 1842. 23 Providence Journal, Apr. 26, 1842 ; Republican Herald, Apr. 27, 1842. 24 Rhode Island Acts and Resolvees, Apr., 1842, p. 10. 25 Rhode Island House Journals, Apr. 27, 1842 ; Rhode Island Acts and Resolves, Apr., 1842, pp. 9-10. 26 Rhode Island House Journals, Apr. 26 and 27, 1842 ; Provi- dence Express, Apr. 28, 1842.
CHAPTER XIII.
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RIVAL GOVERNMENTS.
T TUESDAY, May 3, 1842, was a day remarkably full of inter- est to the citizens of Providence and the vicinity. Though it was not a legal holiday, the streets of the city were crowded, not merely with the people of Providence, but with visi- tors from all parts of the State. A procession to escort the Gov- ernor-elect and the General Assembly was formed in the square in front of the Hoyle Tavern, at the junction of Westminster and Cranston streets, and numbered perhaps 2,000 men, including some companies of militia, the Independent Company of Volunteers, with the Providence Brass Band, heading the line. The march was down Westminster street, across Weybosset bridge, through Ben- efit and Main streets, and back across the bridge. (1) The State House, as was to be expected, was closed, and the suffrage leaders had secured for the occasion an unfinished building intended to be used as a foundry : hence the term "Foundry Legislature " used in taunting the people's government. To this building, on or near Eddy and Dorrance streets, the procession escorted the Govern- ment -elect.
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The military escort, before being dismissed, passed resolutions that the People's Constitution was the supreme law of the State, and that it ought to be obeyed by all good citizens thereof ; and that, "as a component part of the militia of this State, we are bound to respect Thomas Wilson Dorr as our ‘commander- in-chief' under said constitution and that we will obey all lawful orders coming from him as commander-in-chief of this State, for the defence of said constitution, the laws of this State, and the laws of the United States, when called upon so to do." The com- panies present thus definitely arrayed themselves on the side of the new government, which might reasonably expect, therefore, to be upheld by them in case a necessity for military intervention pre- sented itself. Few companies, however, had offered to form a part of the escort, and fewer still had presented themselves; in fact, the majority of the State militia had, up to this time, given little sign of attachment either to Governor Dorr or to Governor King.(2)
The House of Representatives duly met, and organized by choosing Dutee J. Pearce, of Newport, temporary presiding officer, and Welcome B. Sayles, of Smithfield, Speaker. Sixty-six of the eighty Representatives presented their credentials; five towns were unrepresented. The Speaker took the oath of office and adminis- tered it to the Representatives-elect. John S. Harris and Levi Salisbury were elected clerks. A committee of sixteen was ap- pointed to count the votes for State officers, and, after a recess, reported the officers- elect, with their respective votes.(a) The Gov-
(a) As usual, the size of the procession can only be estimated by noting the reports in the news- papers of the day. The New Age claimed that 3,000 persons were present in line, while the Providence Journal declared that, by actual count, the procession numbered 1,630 persons. The New Age speaks . of the Independent Company of Volunteers, "several militia companies and volunteer corps, and then butchers on horseback in white frocks." The Journal counted 467 persons that carried guns, 127 with swords, and 54 men on horseback but not armed.
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ernor, the Lieutenant-Governor, the Secretary of State, the Attor- ney-General, and nine of the twelve Senators appeared and were sworn into office ; the General Treasurer took the oath on the following day. It will thus be seen that seventy-nine of the ninety- seven officers and members of the Assembly showed the courage of their convictions by their presence and their oaths of office.
The Governor then delivered his inaugural address in the pres- ence of the two Houses of the legislature.(3) This address, like all the documents coming from the pen of Thomas W. Dorr, was remarkably well prepared and appropriate for the occasion : review- ing the circumstances under which the new constitution had been prepared, and presenting a brief account of the previous attempts made in Rhode Island for a change in the form of government, Governor Dorr clearly and succinctly set forth the position of the people's party. Necessarily most of the address was given to these preliminary subjects, and the recommendations to the legislature were brief and to the point. He advised the repeal of the "force law" and recent kindred acts of the previous Assembly, and sug- gested that immediate attention be paid to the organization of the militia. He also recommended prompt action with regard to the provisions of the constitution "relating to the security of the right of suffrage against fraud, and to the registration of voters." He closed by quoting the constitutional provision that "The laws should be made, not for the good of the few, but of the many; and the burdens of the State ought to be fairly distributed among its citizens."
The General Assembly remained in session two days, and, before adjourning to meet in Providence on the first Monday in July, passed certain resolutions and general laws. (+) They requested the Governor to make known to the President of the United States,
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the Houses of Congress, and the Governors of the various States, the facts concerning the adoption of the constitution and the estab- lishment of the new government. They requested the Governor to make proclamation to the people of the State that the govern- ment was duly organized, calling upon them to obey the constitu- tion and the laws enacted under it. They repealed the " Algerine Law," passed an act providing for the registration of electors and the manner of voting, abolished the Governor's Council, repealed the amendment to the riot act, chartered a new company of militia, amended the corporation license act, revived the charter of an artil- lery company, and arranged the method of electing officers of militia companies. A committee was appointed to "demand, receive and transfer the records, books and papers appertaining to the office of Secretary of State," and another committee "to demand, receive and transfer all the moneys, lands, securities, records, books and papers, and every other article appertaining to the office of the General Treasurer." The final resolution of the session continued in office until the adjourned session all officers not re-elected or replaced, and postponed all unfinished business to the same time. With these acts of legislation the General Assembly adjourned, never to meet again.
In reviewing the proceedings of the People's Legislature, we are struck both by the boldness and the timidity which were dis- played. It required no ordinary courage for these eighty or more men to come together and organize a legislature and a government in direct antagonism to the existing State government, for by these acts they laid themselves liable to arrest for treason, and they knew that the National Executive had plainly declared against them. They must now either carry things with a high hand, and com-
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