USA > Rhode Island > The Dorr war; or, The constitutional struggle in Rhode Island > Part 13
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pletely establish themselves in full possession of the entire gov- ernment, or suffer the punishment of defeated rebels.
Having thus assumed all the executive and legislative functions of the State, the people's government showed a fatal hesitation ; the State House in Providence and the State archives were in its power, but the Assembly was too timid to stretch forth its hand and take them. A proposition was made, in the House of Repre- sentatives, to instruct the Sheriff to take possession of the State House for the use of the Assembly, "but there was a difference of opinion ; three-fourths of the members being opposed to such a step, and in favor of a simple request only for the opening of the building." (5) The Assembly thus placed itself in opposition to the Governor, whose intention it was to take possession of the State House,") yet refrained from pushing its opposition to an effectual point.
Governor Dorr always declared that "this ill-judged omission was of fatal consequences. The day was thus lost, and ultimately the cause itself, through the vacillating and retreating disposition of its friends. They held, on that day, every thing in their own hands. All might then have been accomplished without loss or injury to any one."(7) In the light of subsequent events we can see that this was the turning point. To obtain possession of the State House would have been a peaceful, as well as an easy, task : the old charter government had lost its force, and could accomplish little; the new charter government had yet to organize; and the charter officials were at Newport. The timidity of the charter government during the last two weeks of April was more than counterbalanced by the timidity of the People's Assembly on May 3 and 4.
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THE DORR WAR.
Another singular step taken by the People's Legislature was the retention of the charter courts of law and their officials. Gov- ernor Dorr called this "a remarkable oversight,"(3) while an oppo- nent sarcastically suggested that it was "an extraordinary act of legislative courtesy." (9) This continuation of the charter courts in the full exercise of their powers, especially the Supreme Judicial Court, consisting of men so opposed to the People's Constitution as were Chief Justice Durfee and Justices Haile and Staples, seems almost incredible.
A still stronger proof of the timidity of the People's General As- sembly is shown by the hasty adjournment. A legislature chosen in accordance with the provisions of a new constitution would be supposed to have an extra amount of business to undertake. A reform Assembly, chosen to rearrange many of the important con- cerns of the State, might well have kept busy for weeks. A legislative body, elected under the unusual circumstances which surrounded the Foundry General Assembly, adjourning for two months, on the second day of its first session, presents a perplex- ing problem. Whatever the reasons for the adjournment, the con- sequences are evident. Every one must have expected some sort of conflict with the charter government, and perhaps with the mili- tary power of the nation: by its adjournment the Assembly threw the whole brunt of the battle upon Governor Dorr. When, later, he left the State, he was openly charged with cowardice; but the legislature gave the first example of lack of courage. The only assignable reason for the hasty adjournment was the request of the Assembly that the Governor send a commission to the Presi- dent of the United States.
The charter government-elect met as usual, at Newport, May 4, and went through a short session in the usual routine of legis-
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lative work. The House organized by the choice of Richard K. Randolph, of Newport, as Speaker. (10) The only important measure was the following resolutions : (11)
" Whereas a portion of the people of this State, for the pur- pose of subverting the laws and the existing government thereof, have framed a pretended constitution, and for the same unlawful purpose have met in lawless assemblages, and elected officers for the future government of this State; and whereas the people so elected, in violation of law, but in conformity to the said pretended constitution, have on the third day of May instant, organized them. selves into executive and legislative departments of government, and, under oath, assumed the duties and exercise of said powers ; and whereas, in order to prevent the due execution of the laws, a strong military force has been called out, and did array themselves to protect the said unlawful organization of government, and to set at defiance the due enforcement of law; Therefore,
" Resolved by the General Assembly, That there now exists in this State an insurrection against the laws and constituted authori- ties thereof; and that, in pursuance of the constitution and laws of the United States, a requisition be, and hereby is, made by the legislature upon the President of the United States, forthwith to interpose the authority and power of the United States to suppress such insurrectionary and lawless assemblages, to support the exist- ing government and laws, and protect the State from domestic violence.
" Resolved, That his excellency the Governor be requested im- · mediately to transmit a copy of these resolutions to the President of the United States.".
Henry Bowen, Secretary of State, certified the seal of the State to a copy of these resolutions on that day, May 4;(12) and Gov- ernor King sent Speaker Randolph and State Senator Elisha R. Potter, afterwards Representative to Congress, to carry the resolu-
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THE DORR WAR.
tions to the President, and give a personal letter to the President, expressing the hope that speedy assistance would be furnished. (13) On the same day Governor Dorr transmitted to President Tyler the resolutions of the People's Assembly, with the accompanying note :- (14) "Sir: as requested by the General Assembly, I have the honor of transmitting to you, under the seal of the State, the accompanying resolutions; and I am, very respectfully, your obedi- ent servant, Thomas W. Dorr, Governor of the State of Rhode Island and Providence Plantations. To John Tyler, President of the United States." (b)
Each of the two governments thus sought to obtain the sup- port of the national government, which was likely to be decisive. President Tyler, on the other hand, was anxious to see the matter settled without his interference. Governor King, representing the long-established government, and fortified by the previous promises of the President, was put off with good advice for the present. May 7, Tyler replied to his letter of the fourth, stating that his opinion as to the President's duty had not changed, but that later information caused him to believe that "the danger of domestic violence is hourly diminishing, if it has not wholly disappeared."(e) He concluded with another promise to uphold the charter gov- ernment, if the necessity presented itself. (15) Two days later the President wrote a confidential letter to King, and entrusted it to Speaker Randolph, advising a proclamation of amnesty and a call for a new convention. (16) May 12, King answered that the General
(b) The Providence Journal, May 6, 1842, calls attention to the duplicating of the State seal. " It will be seen by the proclamation of Thomas W. Dorr, calling himself Governor of Rhode Island, that the seal of the State has probably been forged, as he speaks of affixing it to his proclamation. Whoever has done this has committed a very serious offence."
(c) What this "later information " was is not apparent, unless it may have been the news of the adjournment of the People's Legislature.
By his Excellency Thomas W. For ~ - Governor, Captain- General and Commander in Chief, of the State of Rhode Island and Providence Plantations.
To Charter IS Landers of Smith field - GREETING.
YOU, the said Charles J. Sanders ~~ being chosen and appointed
Captain of the Müller,
Company in the County of Providence in the State
aforesaid, named the "Just Woonsocket Artillery Company"~
and duly approved of, are hereby, in the name of the said State, authorized, empowered and commissioned to have, tako and exercise the office of Ceptans - asof the Company afyregist with the rank of Captain and the privileges to which you are entitled by the cus of the said Com nay: and to command, guide, and conduct the same, or any part thereof. And in case of an invasion or assault of a common enemy, to molest or disturb this State, you are to alarm and gather together the Company under your command, or any part thereof you shall deem suf- ficient, and with them, to the utmost of your skill and ability, you are to resist, expel, kill and destroy the same, in or- der to preserve the interest of the good people in these parts. You are also to follow such other instructions, directions and orders, as shall from time to time be given forth, cither by the General Assembly, or the Governor asbarril of this Slate, or other your superior officers. And for your so doing, this Commission shall be your sufficient warrant and discharge.
-
GIVEN under my hand, and the seat of the said State, this 1 day of May in the year of our Lord one thousand eight hundred and forty - two
and of Independence the sixty-Jest
BY HIS EXCELLENCY'S COMMAND:
William H Smiths Sec'ry.
Thomas Fr. Dorn.
COMMISSION SIGNED BY GOVERNOR DORR.
(COLLECTION_AD P
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THE DORR WAR.
Assembly, at its June session, would doubtless organize a conven- tion, and that it had " already been announced as the opinion(d) of the executive that " pardons for past "designs against the State" would be granted to those who would "withdraw themselves from such enterprise, and signify their return to their allegiance to the government." (17)
On the day of Tyler's letter to King, Dorr was on his way to Washington to plead the cause of the People's Government in person. In accordance with the directions of his General Assem- bly, he had appointed Dutee J. Pearce and Burrington Anthony, the people's sheriff of Providence county, to bear the legislative resolutions, "1") but almost before the commission had started e) the People's Governor set out for the same purpose. This hurried de- parture of the Governor naturally gave rise to the report that he had fled from the State for safety. Roger W. Potter, the charter sheriff of Providence county, had been provided with a warrant for the arrest of the Governor, on Thursday (May 5). He after- wards testified that he could not find the man, although he ac- knowledged that he did not make any very systematic search for him.(f) Later movements leave no room for doubt that the Gov- ernor intended to return to Rhode Island, and that the resolutions passed by an assemblage of suffrage sympathizers, urging him to
(d) Under the charter government in Rhode Island, the power of pardons was held by the Assembly and not by the Governor.
(e) " Mr. Dorr arrived in New York on Saturday (May 7), on his way, it is said. to this city." National Intelligencer. May 10, 1842. . "I left the State on the Saturday after the Legislature ad- journed." Testimony of Dutee J. l'earce. in Pitman, Trial of Dorr, 26.
(1) " Witness was first directed to go to Burrington Anthony's house for Dorr ; but, after dinner, was directed not to go there, but to arrest Dorr if he should find him down street in the city. Did not know what might be considered his place of residence, as he had removed from his former home to the Franklin House, and afterwards left the house. Did not know that his residence was at B. Anthony's. Did not inquire for him there. Was told that he might be found at the printing office
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RIVAL GOVERNMENTS.
personally represent his government at Washington, had consider- able influence in leading him to make the journey. It is certain, however, that the secrecy pursued did not help the cause of the people's government, at least within the State itself." Not until Monday did the suffrage organ deign to allude to the question of the Governor's movements, and then it merely stated that he was not in Rhode Island, but was away for a few days on important public business, and that it was presumed that he was at Wash- ington. (19)
The two commissioners and the Governor joined forces in Phil- adelphia on Monday (May 9), (20) and proceeded at once to Wash- ington. Their stay at the Capital was brief, inasmuch as Dorr and Pearce started for home on Wednesday (May 11),(21) and Anthony arrived in Providence on the morning of Thursday (May 12). (22) The steps which Governor Dorr and his associates took while in Washington have been most carefully kept secret. No account of
of the Herald or Express." Testimony of Potter, in Turner, Trial of Dorr, 12 ; see Pitman, Trial of Dorr, 25. "Our opponents are at their wits end to know what has become of Gov. Dorr. They say that they wish to arrest him, but can't find him. Why did they not do it when he was daily in the street ? As soon as they knew that he was absent on business, they pretended to be on the Icokout, and sent a troop of officers down to the Steam boat, for a sham to take him in transitu, when it was well known that he was beyond their jurisdiction." Providence Express, May 10, 1842.
(g) "The warrant against Mr. Dorr has not been served, owing to the impossibility of finding him. He is either concealed or has left the city. We are inclined to the opinion that he has gone off, that he went across the country and mct the railroad train at one of the country depots. In order to cover his retreat and give an air of dignity to his flight, the meeting at the Court House parade passed a resolution requesting him to go to Washington and represent the interests of his party at the seat of government. People who go abroad, on honorable missions, generally go in- the broad light of day and by the most convenient and customary routes." Providence Journal, May 9, 1842. "Shortly after the session of the People's Assembly, having attended to the necessary executive business, I set out for the city of New York, with the intention of proceeding to Washington. I was strongly urged to visit the capital by many of the best friends of our cause, and a vote to the same effect was adopted at a large meeting of the citizens of Providence. They were desirous that I should ascertain, on the spot, what were the springs of the movement against us at Washington, and whether there was a final determination to suppress our constitution by force." Dorr, in "Ad- dress to the People of Rhode Island," August. 1843, in Burke's Report, 750.
21
By his Excellency Thomas W. Dorr- -- 11-
Governor, Captain-General and Commander in Chief, of the State of Rhode Island and Providence Plantations.
To Chartes IS Landers of Smithfield - GREETING.
being chosen and appointed YOU, the said Charles Sanders - -
Company in the County of Providence in the State Captain of the Artillera.
aforesaid. named the "Just Woonsocket Artillery Company"~
-
and duly approved of, are hereby, in the name of the said State, authorized, empowered and commissioned to have, tako and exercise the office of of the Company afrees spy with the rank of Captain and the privileges to which you are entitled by the chets nut of the said Gostes play: and to command, guide, and conduct the same, or any part thereof. And in case of an invasion or assault of a common enemy, to molest or disturb this State, you are to alarm and gather together the Company under your command, or any part thereof you shall deem suf- ficient, and with them, to the utmost of your skill and ability, you are to resist, expel, kill and destroy the same, in or- der to preserve the interest of the good people in these parts. You are also to follow such other instructions, directions and orders, as shall from time to time be given forth, cither by the General Assembly, or the Governor andend of this State, or other your superior officers. And for your so doing, this Commission shall be your sufficient warrant and discharge.
GIVEN under my hand, and the seal of the said State, this
day of
1
May in the year of our Lord one thousand eight hundred and forty - two
and of Independence the sixty- Jeatt
BY HIS EXCELLENCY'S COMMAND:
Willian Ho Smith Sec'ry.
Thomas . Fr. Dorn.
COMMISSION SIGNED BY GOVERNOR DORR. (COLLECTION OF CHARLES GORTON.)
1
162
THE DORR WAR.
their movements while in the city has been preserved. However, they had no success in prevailing upon the executive authorities to take any different ground from their position already described. Doubtless individual Senators and Representatives may have spoken cheering words to the deputies from the new government, but no official action was taken by Congress either during or immediately subsequent to their visit to Washington. The communication from Governor Dorr, informing the United States that the State govern- ment under the new constitution had been duly established, was received by the Senate and immediately laid upon the table. (23)
Meanwhile the issuance by the charter government of the war- rant for the arrest of Governor Dorr was merely a forerunner of the conflict which had already begun between the rival governments. In less than a week after the adjournment of the Assembly, the people's government was in a state of collapse. The first arrest was that of Daniel Brown, a Representative from Newport, on a warrant issued and served May 4:(+) he was admitted to bail in the sum of $5,000. The next day came the arrest of Dutee J. Pearce, two days before he started for Washington :(25) he was granted the same bail. Many warrants were issued on this day, and the next day Burrington Anthony was arraigned, and admitted to bail in season to proceed to the national capital. (26) Other arrests followed as the days went by, among the most important being those of the General Treasurer, Joseph Joslin; Representative Benjamin Arnold, of Providence; Speaker Sayles, of Woonsocket; and Senator Hezekiah Willard, of Providence. (2) Mr. Arnold was reported to have refused to give the $2,000 bail, and to have been taken to prison. (25)
These wholesale arrests were naturally followed by numerous withdrawals from office. May 5, the resignation of Nathaniel C.
,
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RIVAL GOVERNMENTS.
Smith, Representative from Newport, was announced;(2) the next day that of George Niles, of Richmond; (30) and on the following day that of William L. Thornton, of Providence. (81) Before the return of Governor Dorr to the State, the resignations of many others had been publicly announced, among them being those of James Yeaw, of Scituate; T. G. Haszard, of Westerly; Sydney S. Tillinghast, of East Greenwich; William P. Arnold, of Westerly; and Jonah Titus, the Attorney- General. (32) The Providence Jour- nal exultantly summarized the state of the people's government as follows : " The revolution is in a state of suspended animation. Governor Dorr had hid or run away. Pearce is missing. Sheriff Anthony has absquatulated. The Secretary of State's office is over the line, and their headquarters nobody knows of. Their General Assembly has evaporated."(33)
To resist these arrests and to prevent further resignations, the suffragists were at their wit's end, and their organ, the Providence Express (the daily edition of the New Age), made a dangerous blunder in the minatory method which it adopted. In its issue of May 9, appeared the following :
" PARTICULAR NOTICE.
" The following is the order of Proceedings under the ‘ Algerine Act' to the present time, according to their respective dates :
"No. 1, May 4th .- MR. DANIEL BROWN of Newport arrested for Treason, on complaint of
WILLIAM PECKHAM of S. Kingstown.
" The warrant was issued by W JOB DURFEE of Tiverton, resident citizen on Quawket Neck.
" Mr. Brown was held to bail in the amount of $5000, with two sureties to the same amount.
----- ! i
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THE DORR WAR.
" 2d .- The HON. DUTEE J. PEARCE of Newport was arrested, May 5th, for Treason, on complaint of CRANDALL of Newport fy by ) WVM. H. DOUGLAS of Newport. The warrant was issued by JOB DURFEE @ aforesaid. Mr. Pearce was held to bail with two sureties, in the sum of $5000 each.
" 3d, May 6th .- BURRINGTON ANTHONY, Esq. late Marshal of the United States for this District, was arrested for Treason by DANIEL K. CHAFFEE of this city, No. 40, High Street. On complaint of HENRY G. MUMFORD of this city .. No. - , Bowen Street. The Warrant was Issued by
HENRY L. BOWEN, of this city, No. - , George Street. Mr. Anthony was held in bail in the sum of $4000."
Well might the Journal ask : "Do the men of the suffrage party approve of this? Do they agree that their fellow citizens, the judicial and executive officers of the State, shall be marked for the torch of the incendiary or the dagger of the assassin? If the wretched and unprincipled leaders of this foul conspiracy think that they can, in this manner, intimidate men from the discharge of their duty, they will find themselves greatly mistaken." (34)
AUTHORITIES .- 1 Providence Journal, May 4, 1842; New Age, May 7, 1842 ; reprinted in Burke's Report, 717-719. 2 The Journals of the Senate and the House of Representatives of the People's Government are given in Burke's Report, 448-461 3 This address may be found in the New Age, May 7, 1842 ; reprinted in Burke's Report, 720-731. 4 The Acts and Resolves of this General Assembly are reprinted in Burke's Report, 461-469. 5 Testimony of Dorr, in Turner, Trial of Dorr, 73. 6 Testimony of Carter and Pearce, in Turner, Trial of Dorr, 31 and 13. 7 Testi- mony of Dorr, in Turner, Trial of Dorr, 73. S Turner, Trial of Dorr, 73. 9 Prosecuting Attorney Bosworth, in l'itman, Trial of Dorr, 63. 10 Rhode Island Manual, 1806-1897, p. 95. 11 Rhode Island House Journals, May 4, 1842 ; Rhode Island Acts and Resolves, May, 1842, p. 17 ; Burke's Report, 673. 12 Burke's Report, 673-674. 13 Burke's Report, 672-673. 14 Burke's Report, 675. 15 Rhode Island House Journals, May 11, 1842 ; Burke's Report, 674. 16 Burke's
1
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RIVAL GOVERNMENTS.
Report, 676. 17 Burke's Report, 676-677. 18 New Age, May 14, 1842. 19 Providence Ex- press, May 9, 1842. 20 Testimony of Pearce, in Pitman, Trial of Dorr, 26. 21 New York American, May 13, 1842. 22 Providence Express, May 13, 1842. 23 Congressional Globe, II Sess., 27 Cong., 1841-42, P. 479. 24 Providence Journal, May 5, 1842 ; Providence Express, May 9, 1842. 25 Providence Journal, May 6, 1842 ; Providence Express, May 9, 1842. 26 Providence Journal, May 7, 1842 ; Providence Express, May 9, 1842. 27 See the Providence newspapers from May 9 to May 14, inclusive. 28 National Intelligencer, May 12, 1842, taken from the New York Commercial Advertiser. 29 Providence Journal, May 5, 1842. 30 Providence Journal, May 6, 1842. 31 Providence Journal, May 7, 1842. 32 See the Providence newspapers from May 9 to May 14, inclusive. 33 Providence Journal, May 9, 1842. 34 Providence Journal, May 10, 1842.
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CHAPTER XIV.
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TAMMANY HALL.
N INE days had now passed since the organization of the people's government : beyond Governor Dorr's proclama- tion and official communications to Washington, no exec- utive action had been taken. The legislature had been in session two days, but none of the statutes which it enacted had, as yet, gone into effect, in any sense of the term. The Governor himself was absent from the State, and a veil of secrecy surrounded all his actions ; and many of the officials and representatives had withdrawn from the government. The rank and file of the people's party felt that they were leaderless; they realized that their government was practically non-existent ; they were ready to acknowledge that their cause was lost. The former leaders of the party had placed the burden upon the chief executive, and he had apparently deserted · them. Something ought to be done, and that at once.
At this juncture Sheriff Anthony arrived in Providence, bringing report of the mission to Washington. Immediately notice was issued to the friends of suffrage to assemble in the afternoon, in front of the State House, to hear the report and to take action accordingly.(1) Benjamin Arnold, Jr., presided, and after a few remarks introduced
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TAMMANY HALL.
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the commissioner, who-realizing the importance of the moment- spoke most encouragingly. Interviews had been obtained with Pres- ident Tyler, Secretary of State Webster, and with several Senators and Representatives; and he declared that the cause was rapidly gaining friends, and would soon win the day. He urged the party to continue in its course, and spoke of the general condemnation of the " Algerine Law" which he had found wherever he had been. Dr. Brown then presented a series of bold resolutions, which showed that the inflammatory publications of the party organ had not been without effect.(?) At the same time, these resolutions were, for the most part, mere bravado. Though bravely standing up for their fundamental constitutional principle, though vehemently attacking the " Algerine Law," and though honestly promising to support the Governor, they did not endorse the people's government, they did not propose to attempt to overthrow the charter authorities, and they contained no clause which would prevent the people's party from yielding to the de facto government, if it would treat them leniently and give them a liberal constitution. That such a result was desired by the leaders at this meeting is shown by Anthony's statement, a few days later, that he had been informed by President Tyler that he proposed to write Governor King a private letter, advising that some advances should be made to the people and that no more arrests should be made under the " Algerine Law." (3) This letter, as has been shown, had been written by the President on the very day of the arrival of the commissioners in Washington.
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