The correspondence of the colonial governors of Rhode Island, 1723-1775, Vol. I, Part 5

Author: Rhode Island (Colony). Governors; National Society of the Colonial Dames of America. Rhode Island; Kimball, Gertrude Selwyn, 1863-1910, ed
Publication date: 1902
Publisher: Boston : Houghton, Mifflin
Number of Pages: 522


USA > Rhode Island > The correspondence of the colonial governors of Rhode Island, 1723-1775, Vol. I > Part 5


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1 This charter is printed in Col. Rec. of R. I., I. 143.


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ceeding immediately addrest the King for Releif who out of his princely goodness (hauing a perticular regard for this Colony as he expres't himself, orders Connecticut Charter to be called in and stopt till the Matter in Difference should be determined, to com- premise which the Agents mutually made choice of several Gentlemen to settle that matter but before they had finished, M! Winthrop by false suggestions and insinuations to the Lord Chancellor (unknown to M: Clark) getts out Connecticut Charter a second time and privately sends it away, for which fraudilent and contemtious Action he was severely reprimanded by the King and the Charter threatned to be called back againe, but the Arbitrators agreeing, and the Agents signing the said agreement of wch agree- ment you have an attested copy, had M: Winthrop been faithfull to his word and the promise of a Gentleman, and not have proved himself false and Treachirous, the Charters would have been taken out togeather att one and the same time and bore equall date and would have prevented that Govern: from disputeing the Kings prerogative, who upon the aforesaid agreement ordered our present Charter to be drawn in a most Gracious manner with many great Libertyes and privilidges as is fully sett forth in said Charter under the great Seal of England,1 and his said Majesty to prevent future disputes that might arise between the two Colonyes as to the uncertainty of the Easterly Bound of Connecticut


1 The original documents relating to this episode may be found in the Calendar of State Papers, Colonial, 1661-1668, pp. 20, 110, 145, 148; and see Col. Rec. of R. I., Vol. I.


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Charter about the Narraganset River commonly called the Narraganset Bay explaines and determines (Pur- suant to the Agents Agreement) which was the Nar- raganset River mentioned to be the Easterly Bounds of Connecticot Charter there being no other River cal'd or known by that name till his Majesties aforesd Determination, nor is there to this day nor was Nar- raganset Bay ever called a River, but by Connecticot and some others who alwayes sought the ruin and distruction of this Colony, the Bay being of a consid- erable wedth, and such a Bay as tis presumed was never called a river, in any the Mapps of the World, with humble submission wee conceive it to bee a verry great presumption in the Government of Con- necticot to dispute and arraigne the Kings prerog- ative, determined and confirmed under the great seal of England by and with the concurrance and approbation of their Agents, and altho Connecticot Charter was dated1 some time before that of this Colony which was clandistinely obtained by surprise as aforesd the Grant to this Colony by his Majestye's Royal word as our Agent certainly informed was before that to Connecticot the matter in difference being which is the Narraganset river the bounds between the two Colonyes whether it be the Narra- ganset Bay insinuated by the Government of Con- necticut to be that River, or that which the King determined in our Royall Charter was the Narragan- set River and should ever after be called the Nar-


1 The charter for Connecticut was obtained in 1662. That for Rhode Island was dated July 8, 1663. See the " Agents Agreement " in Col. Rec. of R. I., I. 518.


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raganset River,1 mentioned as the Easterly bounds of Connecticot Colony, so that our appeal to His present most Gracious Majestye King George was only to pray his Royal determination, wheather the sacred words of his Royall Predecessor under the great Seal of England, was not more binding and of greater force then the words of his Vassals and Sub- jects, who speak for their own interest and gaine, and that we might be protected against the unjust molestation and Intrusions of the Government of Connecticot upon our rights and propertyes which we have possessed upwards of fourscore years, and the matter being now before his Majestye.


We answer to their Lordships first proposition, about quieting the difference between this Govern- ment and the Government of Connecticut with hum- ble submission, and due regard to their Lordships great Wisdom, we say wee have no differance with the Government of Connecticot, but what His Maj- estyes Royall word will determine as aforesd for the obtaining of which as dutifull and Loyall subjects shall patiently wait and doubt not but his princely wisdom will influence him to confirm us in our just rights and Properties in the possession of the Grant of His Royall Predecessor, according to Our Charter.


To the Second proposition insisted upon by their Lordships viz: for the better defence of the Country, wee answer that His Majesty its true may strengthen us with standing Troops, but for any other strength, as we are a Frontier to the Ocian, the Inlets into our Bay is so open and wide that it is impracticable to


1 This was the Pawcatuck River. See Col. Rec. of R. I., I. 518.


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fortifie them so as to prevent an enemy from enter- ing into the same tho' at this time wee are Building our Fort more regular and defencable, with stone and Lime morter for the security of Trade and Navi- gation, the Colony having already given five thou- sand pounds towards the carrying on that work, the strength of this Colony (under the Protection of God) consists in our Militia who are Trained up and exer- cised in Military discipline and are obliged continu- ally as well in peace as in warr, to be supplyed each man with a good fire arme, powder and Ball and they are generally verry expert in the use of them, so that through the blessing of God, wee have not only defended ourselves against his Majestyes and the Colonyes Enemies, but have very frequently of- fended them both by Land and by Sea, and upon any expedition against the Kings Enemies, have exceeded our quota's with the rest of the Colonyes and Pro- vinces.


To the third proposition that Trade may be better secured &cª wee answer as aforesaid, that wee are fortifying our Harbour more strongly for the security of Trade &cª and to enable our Governour to comply with the Acts of Trade and Navigation, the which he is annually sworne to observe and the which he hath to the utmost of his power duly performed in his circumstance (considering the Constitution of the Government obligeth him to be more carefull and circumspect upon that foot, then any that is distin- guished by the name of a Kings Govern!, for which many reasons could be given, but for brevity's sake shall forbear.


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Fourthly to be annexed to New Hampshire besides its being impracticable, wee answer that our Predi- cessors through great perills, labour and hardship as is before recited, left us their purchases labour and improvements as our Birth right to which by the favour and clemency of a most gracious King they Tacked our present Charter full of valuable privi- ledges &cª and as they with great cost and difficulty obtained and defended the same against their envious and ungrateful Neighbours and others for the good of their offspring and Posterity, so we hold ourselves in duty and concience bound to endeavour the preser- vation of so valuable a blessing, and question not, but so long as we continue dutifull Loyall and obedient Subjects to his present Majesty King George and his Royall Issue but to be protected in our liberty and property the which through his Princly goodness he hath so often declared to maintaine and in a most pathetick manner upon his accession to the Throne.


Fifthly, as to our being annexed to the province of New Hampshire under a Kings Governour, wee an- swer as before, that it is impracticable to be annexed to that Province should it be our misfortune to have our Charter vacated and taken from us, the great Province of the Massachusets interveaning and lying between this Colony and that Province, and with humble submission wee presume that the Governor of this his Majesty's Colony is as much a Kings Gov! as any Governor in America by vertue of our Royall Charter under the great Seal of England, and wee esteem him as such during his Administration, and he makes the Laws of England his rule and governm!


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without it be some perticular Laws of the Colony which the Laws of England could not releave us in, tho' not repugnant, and he is under the same restric- tions and penalty for any misdemeaniour or trans- gression by him committed as any other of the Kings Governors under his immediate commission, and by an Act of Parliment made in the Reigne of King William the 3d1 as liable to be called home to great Brittaine to answer the same.


Wee humbly conceive that the vacating and take- ing away Charters of Incorporation granted by the Crowne (without just cause of forfeiture) was never known but in an arbitrary Reigne as in that of King James the 2".ª when all Corporations and Charters were crush't and trampled under foot, the effects of which wee severely felt in that short intervail of S' Edmund Andros's Government2 whose arbitrary will with a few of his creatures was a Law and the Kings subjects made Vassals and Slaves in defiance of Magnacharta and the liberty of a British Subject, wee would not be thought by what is before re- cited to make any reflection upon his present Majes- tyes Governor under his immediate Commission they being under the regulation and correction of a most Just and Gracious Prince who will not suffer or coun- tenance the violating and infringing the liberty and property of his faithfull and loyall Subjects (but as the Proverb is what hath been may be againe) and our Royall Charter and most gracious privilidges once given up there is no prospect of obtaining the same again.


1 II William III. c. 12. 2 1686-1689.


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Wee would have presumed so farr upon their Lord- ships favour to have some remarks upon the differ- ence wee conceive, there is between a Governor under his Majesty's immediate Commission and a Charter Governor, but that being already so truly explained by M: Dummer in his Book 1 put forth in vindication of Charter Governments, that wee shall not make any further reflections thereon to which Book wee referr upon that head and sundry others therein sett forth.


Upon the whole wee humbly pray that their Lord- ships will believe wee have a Tincture of the ancient British Blood in our veines and that wee esteem our liberty and property granted by Our Royall Charter equall to any Corporation in great Brittain, though not of like value and wee hope our loyalty and con- duct for the service and interest of the Crowne of great Brittaine hath no wayes merrited the forfeiture of so valuable a blessing and have faith to believe, that so long as wee continue faithfull, loyall and obeadient Subjects to His Royall Majestye King George and his Illustrious Issue that we shall be con- firmed and protected in our rights and properties, tho' at the same time wee are not ignorant, that the Enemies to our present Constitution take all oppor- tunityes to misrepresent our conduct, wee therefore


1 " The able, accomplished, and courtly Jeremy Dummer" was a theologian and pulpit orator of no mean ability. He graduated from Harvard in 1699, and obtained a doctor's degree at Utrecht. He went to England and attached himself to Boling- broke, but the death of Queen Anne and fall of his patron destroyed his hopes of a political career. He was agent for Massachusetts from 1710 to 1721, and for Con- necticut from 1712 until 1730. In 1721 he published, in London, his Defence of the New England Charters, which was printed in Boston in that same year. A second edition was brought out in 1728, at the time when the king in council had, on appeal, reversed the decision of the Connecticut courts in the case of Winthrop vs. Lechmere.


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pray that their Lordships will be pleased to extend their Charity so far as not to give credit to such reports as may be insinuated against us till wee have had liberty to answer for ourselves, and are lawfully convicted. And wee hope their lordships in their Wisdom, upon a further consideration of the afore- said Premises will be of opinion that it will not be for the Interest of Great Brittain nor for the quieting our differance, the Defence of the Country, nor the better security and increase of Trade, to vacate and destroy our Charter, tho' it may be of service and Interest of some perticular Men.


Wee also pray that their Lordships will be pleased to put the most favourable construction on our plain and sincear manner of expressing ourselves, by en- deavouring to maintain and support our just rights and propertyes, and that they will believe that wee have not done any thing in contempt or any wayes to slight their Lordships propositions and advice to which wee do and will allwayes pay our due regards, but wee fear their Lordships have not been rightly and truly informed of the scituation of this Country and the disadvantage and prejudice it would be to his Majesty and the Interest of this Colony to be annexed, either to the Province of New Hampshir or to the Colony of Connecticot, the latter (upon such a change) wee have just cause to believe would invade our Property and purchase rights, by their superiority of voices and ruin some hundreds of Fam- ilyes and the former will impoverish our strength by lightning our purses.


To conclude wee pray that their Lordships in their


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great Wisdom will be pleased to make a more fa- vourable report in behalfe of this His Majestyes Col- ony, and that they will believe that the vacating and takeing away our Royall Charter will not be for the service and interest of his Majesty, and that the con- tinuance thereof with his Majtye's Royall protection will with the blessing of God make us a happy and flourishing people, and enable us to be more and more capable to be serviceable to his Majty's Crown and dignity with our Lives and fortunes, with this view wee shall as dutifull and Loyall Subjects sub- mitt ourselves and our just cause now before him to his Princely determination, and doubt not but tho' [thro'?] his great wisdom, justice and goodness to receive his Royall word in our favour, the which will putt a period to the differance now depending with- out being put under a Kings Governor as their Lordships have been pleased to recommend and will oblige us the more fervently to pray for their Lord- ships health and prosperity and to subscribe their Lordships most obeadient and obliged humble ser- vants; the Governor and Company of His Majestyes English Colony of Rhode Island and Providence Plantations in New England.1


SAMLL CRANSTON Govern!


NEWPORT ON RODE ISLAND November 26 1723.


To RICHARD PARTRIDGE Esq! Agent for the Colony of Rhode Island and Providence Plantations. In London.


1 For a statement of the adjustment of the Connecticut and Rhode Island boundary, see p. xxiii of the Introduction.


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RICHARD PARTRIDGE TO THE LORDS OF TRADE.1


May it please the Lords Commiss".


In obedience to your directions to me some time since, to write over to the Govern! of Rhoad Island &cª to know if they were willing that their Colony shª be annexed to the Kings Governmt of New Hampshire &cª I did write to them accordingly and now I have received their answer in a letter directed to myself 2 wherein they signifie their un- willingness to comply to the proposition which letter I send you inclosed and referr to the contents of it.


I find they would by no means part with any of their Priviledges granted them by their Charter unless it be wrenched from them against their minds which is humbly hoped will not be done till they have forfeited it.


As farr as I can learn it is not only impracticable to joyne Rhode Island, Connect and New Hamp- shire together by reason of the distant Scituation of the Governments but it would be very Injurious to our Inhabitants for that many Substantiall familys would be liable to be turn'd off from their Estates and ruined, being our Oppon's in the present Con- troversy between us would (when joined us) be much the Superior in Number and votes and thereby carry what they please against us, and we are fully per- swaded would favour a Certain Company of Men of their own sort, who claim under pretence of an Old


1 Copied from the transcript in the John Carter Brown Library, S. P. O. Proprieties B. T., Vol. XI. R. 44. For an account of Partridge, see p. xvii of the Introduction. 2 See preceding document.


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Mortgage from the Indians (fraudulently obtained) great part of our Lands in Providence Plantations (which our People are the Right and true purchacers and possess's off.) so not only the Right of Gov- ernmt but private propertie also is most imediatly and nearly concern'd in the matter of Controversy as to the Bounds between Connecticut and Rhode Island as I am able at a proper Season more clearly to demonstrate; and seeing therefore this Colony of ours has been as an Asylum or place of Refuge from the beginning of the settlement thereof to this day, to such especially who once lived under the yoke of the Massachusets Governt and have formerly experi- enced it as they dissented from them, to be very Grievous and too heavy to be borne.


And now laterly the Lords of Trade themselves, cannot but be sencible from what has happend in that Government even at this time,1 how that many consciencious People are under sufferings there, who differ from their Provincial way of Worship sett up and established in that Province and shd we be blended together with Connecticut and New Hamp- shire where the people are of like principles, the evil consequences would be greater than can be easily imagined.


Wherefore upon the whole it is humbly hoped that Our Colony of Rhode Island and Providence Plan- tations may remaine as they are under the happy Government of our present Gracious King George (whom God grant long to Reign over us) in the quiet


1 This refers to the action of the Massachusetts Assembly in extending and continu- ing the Act of the session of 1715-16, "for maintaining and propagating religion." Acts and Resolves, II. 244.


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enjoyment of the Rights Priviledges and Possessions of their Forefathers granted by their Charter, as well as they have done in the preceeding Reigns and that a favourable representation shall be made in our be- half when there may be occasion.


And now our answer is come over, as is also that of Connecticut as I am informed I humbly pray you would appoint a day for reconsidering our affair of the Bounds agreeable to the last Order of the Lords of the Committee, and that we may have Council allowed to speak to some matters of moment relating thereto, which I have to lay before you and I have been furnished with since our last hearing.


RICHARD PARTRIDGE


Agent for Rhode Island, Provid : Plant.


LONDON 12.º called Feb! the 10th, 1724.


GOVERNOR JENCKS 1 TO GEORGE II.


To the King's most Excellent Majesty.2


We Your Majestys Dutifull and Loyal Subjects the Governour and Company of your Majesty's English Colony of Rhode Island and Providence Plantations in New England in America, With thankfull Hearts, Acknowledge your Majesty's Royal Favour in con-


1 Joseph Jencks of Pawtucket, who succeeded Samuel Cranston as governor of Rhode Island in 1727, and held the office until 1732.


2 This document is not dated, but probably may be assigned to the summer of 1729, as in the records for the June session of the Assembly for that year it is ordered that the governor draw a petition "that His Majesty would be pleased to bestow upon the colony a suitable number of guns for the fort." Col. Rec. of R. I. IV. 428. Bartlett prints this letter at p. 393 of this volume, immediately following the August session of 1727, but gives no reason for doing so. He copies a document in the John Carter Brown MSS. II. No. 95.


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tinuing unto us the quiet Enjoyment of our Ancient Charter Priviledges, great in their Nature, but far greater by being Suited to the Circumstances of this your Majesty's Colony; or rather in that we your Majesty's Subjects have had our Birth Growth and Improvements under the same.


In the Enjoyment of these our Priviledges We con- ceived it but a just Acknowledgement of our Duty and a due Tribute to our Gracious Soveraign to ex- pend some Part of our small Acquisitions of Fortune in these Remote Parts of your Majesty's Dominions in Fortifying the Frontier Parts thereof and puting the same in such a State and Condition as not to fear any Attack from the Enemies of your Majesties peace.


This we were moved to Undertake and Carry on not purely for our own safety and preservation, but rather by the principles of Gratitude raised by the Priviledges we Enjoy and above all by a fixed and steady Resolution of doing every thing that Provi- dence had put in our Power to do for the Maintain- ing and preserving that Part of the Territories and Dominions of our most good and Beneficent Sov- eraign committed to our Care.


What we your Majesty's Subjects Apprehended to be most for the Safety and preservation of your Maj- estys Colony and Dominions Adjacent was the For- tifying Newport the Chief Town in said Colony, and the most Frontier upon all the Coast of New Eng- land: Where we your Majesty's Subjects have Built a Regular and Beautifull Fortification of Stone with a Battery Subjoined wherein may be conveniently mounted Sixty Cannon.


THE GOVERNOR JOSEPH JENKS HOUSE, PAWTUCKET From a Painting.


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And we being well Assured of your Majesty's good Disposition towards all your Subjects, are, therefore, emboldened to Entreat Your Majesty graciously to Consider these Parts of your Majesty's Dominions, by us inhabited, detached from the rest, And thereby Labouring under many Difficulties, And that our aforesd Work may be rendered Usefull to your Maj- esty (and thereby have its' designed Effect) bestow upon said Fortifications for the Use of your Majesty therein, A Number of Cannon; As may be Consist- ent with your Majesty's Royal Pleasure.


May this Instance of our Duty and Loyalty find Acceptance, And may we take leave to Assure Your Majesty that the Prospect of Happiness displayed by the hand of providence in your Majesty's Glorious Reign is matter of Unutterable Joys, And that there is nothing on Earth that we pray for with more Con- stancy and Sincerity than that your Majesty, who has been the Means (by the Favour of God) of preserving and Distributing the Blessings of peace to all your Subjects (Notwithstanding the mighty Efforts of your Enemies to disturb the same) May after a long Con- tinuance in the full Fruition of all Earthly Blessings be Translated into Heaven and be a happy Sharer of the inestimable Blessings of the prince of Peace, the sure reward of Virtue: and That the Happiness of Great Brittain may be made lasting and Continue to future Generations, By the Succession of Your Majestys Royal Heirs til' time shall Cease.


Sign'd in the Name and behalf of the General


Assembly of said Colony and by


J. JENKS Gov"


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RICHARD WARD TO THE MASSACHUSETTS ASSEMBLY.


NEWPT May 27th 1731


Gentlm


The Assembly of this Colony, were much surprised at the averseness your Commissioners showed to set- ling the Boundarys between this Governmt, and that Part of your Province late Plymouth Colony ; from Pawtucket Falls North to the Massachusets South Line; and have ordered me2 to acquaint you with it. and to Press you once more to appoint commis- sioners for the doing of the same; this Government are ready, and willing to Joyn with you therein : but if you Decline it; then to give us your Positive an- swer thereto; that wee may Proceed further in this Affair and lay the same before his Majestie for his Royal Determination thereof; which wee think will be Easily obtained there; his Majestys bounding of us on that part being so clearly and Conspicuously expressed in our Charter. However I could be glad it might be ended amongst ourselves as being un- willing to trouble his Majestie therewith, or the Board of Trade who have ordered us to give them Acct if any part of our Governm' is controverted and by whom


Sign'd by order and in behalfe of the Gen1 Assem-


1 Ward was prominent in Rhode Island from 1710 to his death, in 1763. For nine- teen years he held the office of secretary or recorder, and also served as boundary commissioner and as attorney-general. In July, 1740, he was chosen governor by the Assembly on the death of Governor John Wanton, and held the position during the two following years. He was the father of Governor Samuel Ward and of Secretary Thomas Ward. Arnold, History of Rhode Island, II. 245.


2 See Col. Rec. of R. I., IV. 445, for the Act appointing the commission.




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