USA > Rhode Island > The Dorr war; or, The constitutional struggle in Rhode Island > Part 25
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A PPENDIX A.
Smith, Jolın Greene, Jolin Coggeshall, James Barker, William Field, and Joseph Clarke who are hierein before nominated and appointed the pres- ent Assistants of the said Company, shall give the said engagement to their offices and places respectively belonging, before the said Benedict Arnold and William Brenton, or one of them; to whom respectively we do hereby give full power and authority to require, administer or receive the same : and further, our will and pleasure is, that all and every other future Gov- ernor or Deputy- Governor, to be elected and chosen by virtue of these pres- ents, shall give the said engagement before two or more of the said Assistants of the said Company for the time being; unto whom we do by these presents give full power and authority to require, administer or receive the same; and the said Assistants, and every of them, and all and every other officer or officers to be hereafter elected and chosen by virtue of these presents from time to time, shall give the like engagements, to their offices and places respect- ively belonging, before the Governor or Deputy - Governor, for the time being ; unto which said Governor, or Deputy - Governor, we do by these presents give full power and authority to require, administer or receive the same accordingly. And we do likewise, for us, our heirs and successors, give and grant unto the said Governor and Company, and their successors, by these presents, that for the more peaceable and orderly government of the said Plantations, it shall and may be lawful for the Governor, Deputy- Governor, Assistants and all other officers and ministers of the said Company, in the administration of justice, and exercise of government, in the said Plantations, to use, exercise, and put in execution, such methods, rules, orders and directions, not being contrary or repugnant to the laws and statutes of this our realm, as have been heretofore given, used and accustomed, in such cases respectively, to be put in practice, until at the next or some other General Assembly, special provision shall be made and ordained in the cases aforesaid. And we do further, for us, our heirs, and successors, give and grant unto the said Governor and Company, and their successors, by these presents, that it shall and may be lawful to and for the said Governor, or, in his absence, the Deputy-Governor, and major part of the said Assistants, for the time being, at any time when the said General Assembly is not sitting, to nominate, appoint and constitute, such and so many commanders, gov-
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ernors, and military officers, as to them shall seem requisite, for the leading conducting and training up the inhabitants of the said Plantations in mar- tial affairs, and for the defence and safeguard of the said Plantations; and that it sliall and may be lawful to and for all and every such commander, governor, and military officer, that sliall be so as aforesaid, or by the Gov- ernor, or in his absence, the Deputy-Governor, and six of tlie said Assist- ants, and major part of the freemen of the said Company present at any General Assemblies, nominated, appointed and constituted, according to the tenor of his and their respective commissions and directions to assemble, exercise in arms, martial array, and put in warlike posture, the inhabitants of the said colony, for their special defence and safety; and to lead and conduct the said inhabitants, and to encounter, expulse, expel and resist, by force of arms, as well by sea as by land, and also to kill; slay and de- stroy, by all fitting ways, enterprizes and means, whatsoever, all and cvery such person or persons as shall, at any time hereafter, attempt or enterprize the destruction, invasion, detriment, or annoyance of the said inhabitants or Plantations ; and to use and exercise the law martial in such cases only as occasion shall necessarily require; and to take or surprise, by all ways and means whatsoever, all and every such person and persons, with their ship or ships, armor, ammunition or other goods of such persons as shall, in hostile manner, invade or attempt the defeating of the said Plantation, or the hurt of the said Company and inhabitants; and upon just causes, to invade and destroy the native Indians, or other encmies of the said Colony. Nevertheless, our will and pleasure is, and we do hereby declare to the rest of our Colonies in New England, that it shall not be lawful for this our said Colony of Rhode Island and Providence Plantations, in America, in New England, to invade the natives inhabiting within the bounds and limits of their said Colonies, without the knowledge and consent of the said other Colonies. And it is licreby declared, that it shall not be lawful to or for the rest of the Colonies to invade or molest the native Indians or any other inhabitants inhabiting within the bounds and limits hereafter mentioned, (they having subjected themselves unto us, and being by us taken into our special protection,) without the knowledge and consent of the Governor and Company of our Colony of Riode-Island and Providence Plantations. Also our will and
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pleasure is, and we do hereby declare unto all Christian Kings, Princes and States, that if any person, which shall hereafter be of the said Company or Plan- tations, or any other, by appointment of the said Governor and Company for the time being, shall at any time or times thereafter, rob or spoil, by sea or land, or do any hurt, or unlawful hostility to any of the subjects of us, our heirs or successors, or any of the subjects of any Prince or State, being then in league with us, our heirs or successors, upon complaint of such injury done to any such Prince or State, or their subjects, we, our heirs and suc- cessors, will make open proclamation within any parts of our realm of Eng- land, fit for that purpose, that the person or persons committing any such robbery or spoil, shall, within the time limited by such proclamation, make full restitution, or satisfaction of all such injuries, done or committed, so as the said Prince, or others so complaining, may be fully satisfied, and con- tented; and if the said person or persons who shall commit any such robbery or spoil shall not make satisfaction, accordingly, within such time, so to be limited, that then we, our heirs and successors, will put such person or persons out of our allegiance and protection; and that then it shall and may be lawful and free for all Princes or others to prosecute with hostility, such offenders, and every of them, their and every of their procurers, aiders, abet- tors, and counsellors, in that behalf : Provided also, and our express will and pleasure is, and we do, by those presents, for us, our heirs and successors, ordain and appoint that these presents, shall not, in any manner, hinder any of our loving subjects, whatsoever, from using and exercising the trade of fishing upon the coast of New England, in America ; but that they, and every or any of them, shall have full and free power and liberty to continue and use the trade of fishing upon the said coast, in any of the seas tliere- unto adjoining, or any arnis of the scas, or salt water, rivers and creeks, where they have been accustomed to fish ; and to build and set upon the waste land belonging to the said Colony and Plantations, such wharves, stages and work houses as shall be necessary for the salting, drying and keeping of their fish, to be taken or gotten upon that coast. And further, for the cucourage- ment of the inhabitants of our said Colony of Providence Plantations to set upon the business of taking whales, it shall be lawful for them, or any of them, having struck whale, dubertus, or other great fisli, it or them to pursue
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unto any part of that coast, and into any bay, river, cove, creek, or shore, belonging thereto, and it or them, upon thic said coast, or in thie said bay, river, cove, creek, or shore, belonging thereto, to kill and order for the best advantage, without molestation, they making no wilful waste or spoil ; any- thing in these presents contained, or any other matter or thing, to the con- trary, notwithstanding. And further also, we are graciously pleased, and do hereby declare, that if any of the inhabitants of our said Colony do set upon the planting of vineyards (the soil and climate both seeming naturally to concur to the production of wines) or be industrious in the discovery of fish- ing banks, in or about the said Colony, we will, from time to time, give and allow all due and fitting encouragement therein, as to others in cases of like nature. And further, of our more ample grace, certain knowledge and mere motion, we have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said Governor and Company of the English Colony of Rhode Island and Providence Plantations, in the Narragansett Bay, in New England, in America, and to every inhabitant there, and to every person and persons, trading thithier, and to every such person or persons as are or shall be free of the said Colony, full power and authority, from time to time, and at all times hereafter, to take, ship, transport and carry away, out of any of our realms and dominions, for and towards the plantation and defence of the said Colony, such and so many of our loving subjects and strangers as shall or will willingly accompany them in and to their said Colony and Plantation ; except such person or persons as arc or shall be therein restrained by us, our heirs and successors, or any law or statute of this realin; and also to ship and transport all and all manner of goods, chattels, merchandizes and other things whatsoever, that arc or shall be useful or necessary for the said Plantations, and defence thereof, and usually transported, and not prohib- ited by any law or statute of this our realmn; yielding and paying unto us, our heirs and successors, such the duties, customs and subsidies, as are or ouglit to be paid or payable for the same. And further, our will and pleas- ure is, and we do, for us, our heirs and successors, ordain, declarc, and grant into the said Governor and Company, and their successors, that all and every the subjects of us, our heirs and successors, which are already planted
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and settled within our said Colony of Providence Plantations, or which shall hereafter go to inhabit within the said Colony, and all and every of their children, which have been born there, or which shall happen hereafter to be born there, or on the sea, going thither, or returning from thence, shall have and enjoy all liberties and immunities of free and natural subjects within any the dominions of us, our heirs and successors, to all intents, constructions and purposes, whatsoever, as if they, and every of them, were born within the realm of England. And further, know ye, that we, of our more abundant gracc, certain knowledge, and mere motion, have given, granted and confirmicd, and by thesc presents, for us, our heirs and suc- cessors, do give, grant and confirm, unto the said Governor and Company and their successors, all that part of our dominions in New England, in Ancrica, containing the Nahantick and Nanhygansct, alias Narragansett Bay, and countries and parts adjacent, bounded on the west or westerly, to the middle or channel of a river there, commonly called and known by the name of Pawcatuck, alias Pawcawtuck river; and so along the said river, as the greater or middle stream thereof reacheth or lies up into the north country, northiward, unto the head thereof, and from thence, by a straight line drawn due north, until it meets with the south line of the Massachusetts Colony : and on the north, or northerly, by the aforesaid south or southerly line of thic Massachusetts Colony or Plantation, and extending towards the east, or eastwardly, threc English miles, to the east and northeast of the mnost east- ern and northeastern parts of the aforesaid Narragansett Bay, as the said Bay lyeth or extendeth itself from the ocean on the south, or southwardly unto the mouth of the river which runneth towards the town of Providence, and from thence along the easterly side or bank of the said river (higher called by the name of Scacunck river) up to the falls called Patuckett falls, being the mnost westwardly line of Plymouth Colony, and so from the said falls, in a straight line, due north, until it meet with the aforesaid linc of the Massachusetts Colony ; and bounded on the south by the ocean; and, in particular, the lands belonging to the towns of Providence, Pawtuxet, War- wick, Misquammacok, alias Pawcatuck, and the rest upon the main land in the tract aforcsaid, together with Rhode Island, Block Island, and all the rest of the islands and banks in the Narragansett Bay, and bordering upon
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the coast of the tract aforesaid, (Fislier's Island only excepted,) togetlier with all firm lands, soils, grounds, havens, ports, rivers, waters, fishings, mines royal, and all other mines, minerals, precious stones, quarries, woods, wood grounds, rocks, slates, and all and singular other commodities, juris- dictions, royalties, privileges, franchises, prehcminances, and hereditaments, whatsoever, within the said tract, bounds, lands and islands aforesaid, or to them or any of them belonging, or in any wise appertaining ; to have and to hold the same, unto the said Governor and Company, and their successors, forever, upon trust, for the use and benefit of themselves and their associates · freemen of the said Colony, their heirs and assigns, to be holden of us, our heirs and successors, as of the Manor of East-Greenwich, in our county of Kent, in free and common soccage, and not in capite, nor by knight service; yielding and paying therefor, to us, our heirs and successors, only the fifth part of all the ore of gold and silver which, from time to time, and at all times hereafter, shall be there gotten liad or obtained, in lieu and satisfaction of all services, duties, fines, forfeitures, made or to be made claims and de- mands whatsoever, to be to us, our heirs or successors, therefor or thereout rendered, made or paid; any grant, or clause in a late grant, to the Gover- nor and Company of Connecticut Colony, in America, to the contrary thereof in any wise notwithstanding; the aforesaid Pawcatnick river having been yielded, after much debate, for the fixed and certain bounds between these our said Colonies, by the agents thereof; who have also agreed, that the said Pawcatuck river shall be also called alias Norrogansett or Narrogansett river ; and, to prevent future disputes, that otherwise miglit arise thereby, forever hereafter shall be construed, deemed and taken to be tlie Narragan- sett river in our late grant to Connecticut Colony mentioned as the easterly bounds of that Colony. And further, our will and pleasure is, that in all matters of public controversy which may fall out between our Colony of Providence Plantations, and the rest of our Colonies in New England, it sliall and may be lawful to and for the Governor and Company of the said Colony of Providence Plantations to make their appeals therein to us, our heirs and successors, for redress in such cases, within this our realm of England : and that it shall be lawful to and for the inhabitants of the said Colony of Providence Plantations, without let or molestation, to pass and
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APPENDIX A.
repass, with freedom, into and through the rest of the English Colonies, upon their lawful and eivil oceasions, and to eonverse, and hold commerce and trade, with such of the inhabitants of our other English Colonies as shall be willing to admit then thereunto, they behaving themselves peaceably among them; any act, clause or sentenee, in any of the said Colonies provided, or that shall be provided, to the contrary in any wise notwithstanding. And lastly, we do, for us, our heirs and successors, ordain and grant unto the said Governor and Company, and their successors, by these presents, thiat tliese our letters patent shall be firm, good, effectual and available in all things in the law, to all intents, constructions and purposes whatsoever, ac- cording to our true intent and ineaning hereinbefore declared; and shall be construed, reputed and adjudged in all eases most favorably on the behalf, and for the best benefit and behoof, of the said Governor and Company, and their successors; although express mention of the true yearly value or cer- tainty of the premises, or any of them, or of any other gifts or grants, by us, or by any of our progenitors or predecessors, heretofore made to the said Governor and Company of the Englishi Colony of Rhode Island and Providence Plantations, in the Narragansett Bay, New England, in America, in these presents is not made or any statute, act, ordinanee, provision, pro- clamation or restriction, heretofore had, made, enacted, ordained or provided, or any other matter, eause or thing whatsoever, to the contrary tliereof in anywise notwithstanding. In witness whereof, we have caused these our letters to be made patent. Witness ourself at Westminster, the eighth day of July, in the fifteenth year of our reign.
By the King : 4
HOWARD.
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APPENDIX B.
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"THE PEOPLE'S CONSTITUTION." -
WE, the people of the State of Rhode Island and Providence Plantations, grateful to Almighty God for his blessing vouchsafed to the "lively experi- ment " of religious and political freedom here "held forth" by our venerated ancestors, and earnestly imploring the favor of his gracious providence towards this our attempt to secure upon a permanent foundation the advantages of well ordered and rational liberty, and to enlarge and transmit to our succes- sors the inheritance that we have received, do ordain and establish the fol- lowing constitution of government for this State.
ARTICLE I.
Declaration of Principles and Rights.
I. In the spirit and in the words of Roger Williams, the illustrious founder of this State, and of liis venerated associates, we declare "that this government shall be a democracy," or government of the people, "by the major consent" of the same "only in civil things." The will of the people shall be expressed by representatives freely chosen, and returning at fixed periods to their constituents. This State shall be, and forever remain, as in the design of its founder, sacred to "soul liberty," to the riglits of con- science, to freedom of thought, of expression, and of action, as hcreinafter set forth and secured.
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2. All men are created free and equal, and are endowed by their Creator with certain natural, inherent, and inalienable rights; among which are life, liberty, the acquisition of property, and the pursuit of happiness. Govern- ment cannot create or bestow these rights, which are the gift of God; but it is instituted for the stronger and surer defence of the same, that men may safely enjoy the rights of life and liberty, securely possess and transmit property, and, so far as laws avail, may be successful in the pursuit of happiness.
3. All political power and sovereignty are originally vested in, and of right belong to, the people. All free governments are founded in their au- thority, and are establislied for the greatest good of the whole number. The people have therefore an unalienable and indefeasible right, in their original, sovereign, and unlimited capacity, to ordain and institute government, and in tlie same capacity to alter, reform, or totally change the same, whenever their safety or happiness requires.
4. No favor or disfavor ought to be shown in legislation toward any man, or party, or society, or religious denomination. 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.
5. The diffusion of useful knowledge, and the cultivation of a sound morality in the fear of God, being of the first importance in a republican State, and indispensable to the maintenance of its liberty, it shall be an imperative duty of the legislature to promote the establishment of free schools, and to assist in the support of public education.
6. Every person in this State ought to find a certain remedy. by having recourse to the laws, for all injuries or wrongs which may be done to his rights of person, property, or character. He ouglit to obtain right and jus- tice freely and withont purchase, completely and without denial, promptly and without delay, conformably to the laws.
7. The right of the people to be secure in their persons, houses, papers, and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but on complaint in writing upon prob- able cause, supported by oath or affirmation, and describing as nearly as may be the place to be searched, and the person or things to be seized.
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8. No person shall be held to answer to a capital or other infamous charge, unless on indictment by a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger. No person shall be tried, after an acquittal, for tlie same crime or offence.
9. Every man being presumed to be innocent until pronounced guilty by the law, all acts of severity, that are not necessary to secure all accused person, ouglit to be repressed.
10. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted ; and all punishments ought to be proportioned to thic offence.
II. All prisoners shall be bailable upon sufficient surety, unless for capital offences, when the proof is evident or the presumption great. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety shall require it.
12. In all criminal prosecutions, the accused sliall have the privilege of a speedy and public trial, by an impartial jury ; be informed of the nature and cause of the accusation; be confronted with the witnesses against him; have compulsory process to obtain them in his favor, and at the public expense, when necessary ; have the assistance of counsel in liis defence, and be at liberty to speak for himself. Nor shall he be deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
13. The riglit of trial by jury shall remain inviolate, and in all criminal cases the jury shall judge both of the law and of the facts.
14. Any person in this State, who may be claimed to be held to labor or service, under the laws of any other State, Territory, or District, shall be entitled to a jury trial, to ascertain the validity of suchi claim.
15. No man in a court of common law shall be required to criminate himself.
16. Retrospective laws, civil and criminal, are unjust and oppressive, and shall not be made.
17. The people have a right to assemble in a peaceable manner without molestation or restraint, to consult upon the public welfare; a right to give
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instructions to their Senators and Representatives ; and a right to apply to- those invested with the powers of government for the redress of grievances, for the repeal of injurious laws, for the correction of faults of administration, and for all other purposes.
18. The liberty of the press being essential to the security of freedom in a State, any citizen may publish his sentiments on any subject, being re- sponsible for the abuse of that liberty ; and in all trials for libel, bothi civil and criminal, the truth, spoken from good motives, and for justifiable ends, shall be a sufficient defence to the person charged.
19. Private property shall not be taken for public uses without just com- pensation, nor unless the public good require it ; nor under any circumstances, until compensation shall have been made, if required.
20. The military shall always be held in strict subordination to the civil authority.
21. No soldier shall, in time of peace, be quartered in any house, with- out the consent of the owner; nor in time of war, but in manner to be pre- scribed by law.
22. Whereas Almighty God hath created the mind free, and all attempts to influence it by temporal punishments, or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness: and whereas a principal object of our venerated ancestors in their migration to this country, and their settlement of this State, was, as they expressed it, to hold forth a lively ex- periment, that a flourishing civil State may stand, and be best maintaincd, with full liberty in religious concernments: We therefore DECLARE that 110 man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor be enforced, restrained, molested, or burdencd in his body or goods, nor disqualified from holding any office, nor otherwise suffer, on account of his religious belief ; and that all men shall be free to
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