USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVIII, 1600s > Part 2
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was stricken with hemorrhage of the brain, and at 3.30 o'clock on the morning of November 12, 1904, without regaining con- sciousness, he died. His widow, two sons and a daughter sur- vive him.
Horatio Rogers was a noble type of the true Christian gen- tleman. In every position which he occupied, he did his full duty. As a soldier he looked to the welfare of the men under his command and won their love. He could lead them amid the storm of shot and shell on the field of battle, but it rasped his sensitive nature to be obliged to punish them for breaches of discipline in camp ; but when that duty became necessary, that gentleness was brushed aside and he became the stern, firm commander.
There was a fearlessness in his character which in every position he filled had its own peculiar example. His surviv- ing brother officers of the Third regiment will vividly recall many acts of bravery which will remain stamped indelibly on their memory as long as life lasts. He was sick and confined to his bed when the order came for the expedition to James Island. The regimental surgeon had forbidden him to leave his tent as he was in no condition to endure the hardships of active campaigning, yet when he found his company was among those detailed to take part in this expedition, he got up from his sick bed, assumed his position at the head of his com- pany and shared all the dangers and fatigue of that occasion. It was by sheer will force and nervous energy that he kept up, but he was too good a soldier to let any personal discomfort interfere with his duty, for he believed that whatever those
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under him were obliged to undergo, in that, he also should share. Upon the return of this expedition, he was completely prostrated and was again confined to his bed; yet, when he was informed that the bodies of those who had fallen in that conflict were about to be buried, as so often was necessary without the formalities of Christian burial, he again left his sick bed, took his prayer-book and over the bodies of his fallen comrades read the Episcopal service for the burial of the dead. Again, when the epidemic of yellow fever invaded the camp at Hilton Head and the exigencies of that condition demanded that the most heroic measures be adopted to prevent its spread, notwithstanding the horrors of the situation and direct orders that the infected quarters should not be approached by any of the officers or men in camp, with that grim determination so characteristic of him, he sat by the bedside of Col. Nathaniel W. Brown during his last few hours, wrote letters for him to his family at home and nursed and cared for others as tenderly as a woman, braving the danger of this contagion, because he believed it a duty he owed to his brother officers.
When he took command of the Second Rhode Island regiment, he did not receive a hearty welcome; he was re- garded as an intruder and he came very near declining to accept the appointment. He was a young man and was new to the regiment. A few of his old friends who had known him at home, then in the regiment, sought to disquiet this opposition which was manifested towards him, and after some time their counsel prevailed and he was induced to reconsider the matter and accept the command; but when that sanguinary battle at Salem Heights and succeeding engagements developed
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those acts of bravery, which brought to the Second regiment the thanks of the state it represented1 and special mention in the orders of the commanding general, officers and men re- alized then, if they never knew before, that they had a com- mander to be proud of, and there was not a soldier of the " Second " from that day on but who would have laid down his life for his colonel and whose love and affection for him were the deepest.
" Every eye was upon our colonel," says one who was with the regiment, that May day in 1863, "for he had never been under fire with us, and we knew him only by reputation. ' Forward, Second Rhode Island !' was the word and away we went in line of battle to the brow of the hill. Gaining the crest, we gave the enemy a volley and received his fire in re- turn. Forward again, and we charged down the hill with loud cheers. We were soon in the woods and hotly engaged. Three times Colonel Rogers carried the colors to the front, and, aided by the officers, rallied the Regiment to renew the battle. He is a brave man and the Second Rhode Island is more than satisfied with him."
Although admirably equipped for his profession, he cannot
1 RESOLUTION OF THANKS TO COL. HORATIO ROGERS, JR., AND THE 21) REGIMENT RHODE ISLAND VOLUNTEERS.
RESOLVED, That the thanks of the General Assembly be, and they are hereby, pre- sented to Col. Horatio Rogers, Jr., and the officers and men of the 2d Regiment Rhode Island Volunteers, for the gallantry and bravery which they displayed at the battle of Salem Heights, in Virginia, May 3d, 1863, and for their soldierly conduct while retiring from the field of battle and recrossing the Rappahannock river; and that his Excellency the Gov- ernor be and is requested to transmit a copy of this resolution to Col. II. Rogers, Jr., com- mandant of said regiment, and another copy to the Secretary of War.
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be said to have ever entered actively upon the practice of the law. To be sure he was much before the courts in the perform- ance of his duties as Attorney-General for three terms, and in his private practice appeared occasionally ; but during the years from 1873 until 1885 he was engaged in mercantile pursuits, and three years later was elevated to the supreme bench. He had that love of learning and patient industry of investigation, which with a natural temperament, peculiarly fitted him for a judicial career. He approached his seat on the bench with a full realization of its responsibilities and he met them fearlessly and completely. No lawyer ever appeared before him who had occasion to feel that his case was not thoroughly considered. This was donc in no perfunctory manner, for no matter how trivial their cause or how little foundation there might be for their action, they were certain that their case would have com- plete examination and hearing before him. If there was any- thing in his course upon the bench that would be the subject of criticism, it would be that he was over cautious and consid- erate and entered into the subject more at length than appeared at times to be necessary ; but those who knew Horatio Rogers knew that that habit of investigation was one so completely a part of his makeup, that he could no more avoid it than can water escape finding its level. He was no man to jump at conclusions, his findings were based on the results obtained only after the most careful and painstaking examination of the subject under consideration from beginning to end. If he ap- peared to give unnecessary work to himself it was because he lacked that faculty of approaching a conclusion by the most direct route. His written opinions were well studied, always
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most carefully phrased and exhaustive of the subject under consideration. While that delivered by the Supreme Court of Rhode Island and written by him, "The Narragansett In- dians," Rhode Island Reports, No. 20, page 715, shows the scholarly attainments of the historian.
He had that love for books that comes only from the cult- ured mind, and his library was the object of his deep affection and regard. It was while seeking literary treasures that he found the manuscript books of Hadden's Journal which he afterwards published and so copiously annotated. He was not a mere collector of books, but a profound reader, and gave to others through his published works, orations, and historical essays, the benefit of his broad reading, thorough investigation, and exhaustive research. His historical studies are of the highest character and authoritative of the subject discussed. In recognition of his scholarly attainments, Trinity College at Hartford, Connecticut, conferred upon him in 1896 the degree of LL. D.
My personal acquaintance with Horatio Rogers began with the appointment of this commission, and the associations thus formed ripened into a friendship which terminated only with his death.
I doubt if any public duty which he ever was called upon to perform was so much to his taste, so much of real interest, and for which he had a stronger attachment than was this work relating to the preservation of the ancient records of his native city. As I have stated previously, his appointment to the commission was unsought and unexpected, but his well known interest in such matters, his position at the head of the state
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historical society, and the fact that he had long advocated the printing of these records naturally caused him to be selected for the work when it was begun.
It was only a short time after his appointment that he was elevated to the supreme bench, and the duties of this office engaged much of his time, yet, for a long period thereafter he devoted evening after evening to the work of formulating plans and discussing methods of procedure so that the work contemplated should be begun under such circumstances as would insure its being carried out in a manner consistent with its importance.
During all these years we were associated together, there never entered into our debates or considerations the slightest discordant note or disturbing word or thought. He took up the work as did his associates without promise or thought of reward of any kind, save that which comes from a duty well performed, and he gave to it all the benefit of his broad culture and peculiar talent.
It was, perhaps, in the order of nature that the youngest member of the commission should have been left to complete the work which had been planned, and, though the duties have been made heavier and the work robbed of its pleasures by the death of my associates, I feel that I am completing what they had planned to do in finishing these volumes, which have so long been the subject of our earnest solicitude. Though the work has been arduous and has taken time that might have been otherwise employed, yet the associations connected with it has made it a pleasant pastime. I shall always remember
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with pleasantest memories the years thus spent, but beyond all I feel proud of the honor it brought in having had so long the friendship and companionship of such a man as Horatio Rogers.
EDWARD FIELD, Record Commissioner.
PROVIDENCE, December 29, 1904.
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[December 7, 1681.] Att a Towne Meeting December : ye : 7th : 1681 : Voated that John Dexter hath libberty to fence in about two Acres of ye Townes Comon which is a bout by him to be fenced in, that soe his fence may runn strait being about to fence in his meadow : the which Comon lieth against ye sayd meadow, and ye said Dexter will sattistieye Towne for it, when ye Towne shall settle ye highway yt goeth through ye sayd Dexters land, The meetting is Ajorned. [Town Meeting Records No. 3, page 56.]
[February 19, 1682.] At a towne Meeteing ffebruary ye 19th : 1682. Vpon a bill put in by John Wilkenson & John Prey, Edward Smith & Eliazer Whiple are by ye towne deputed to state a highway at or about Loquasquassuck to goe up into ye Countrey. And make theire returne to ye next meeting. [Town Meeting Records No. 3, page 73.]
[April 28, 1684.] , At a Towne meeteing Aprill ye 28" : 1684 : Whereas there hath benn a bill preferred to ye Towne for State-ing a Comon highway, or Roade, over Pautucket River both for Cart, drift, horse, & foote ; Jt is therefore ordred that ye way ouer Pautuckett River shall be & remaine at ye ancient & Comon Road at ye End of ye Ilill on ye westerne part of John Scot his planting land, or field ; the which leadeth to ye plaine on Rehoboth side of ye River called ye westerne plaine. [Town Meeting Records No. 3, page SI.]
[January 27, 1698-9.] At a Towne meeting Quarter day January ye 27th : 1698-9 Whereas the Traine band who are under Cap"" : Arnold are wanting of a Training place Convenient, & there being a place which may be sutable but part thereof is land belonging to
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Valentine Whittman about one acre thereof ; the which percell of land the sd Valt Whittman is unwilling to part with unless the towne will allow him 3 acres for the same; therefore in Consideration of a Traineing place that the Companey may not be destitude, the Towne doe order & Grant unto the sd valentine whittman that he shall have & take up 3 acres of land of the Townes Comon in some place on ye East side of ye 7 mile line which may be Convenient & not damnifieing any mans land nor highways, to make Recompence unto the sd Vatt : Whittman for ye aforesd perce taken out of his land.
The meeting is dissolved. / [Town Meeting Records No. I, page 33.]
[June 10, 1700.] Munday the 10th of June 1700 the meeting is again in being
Tho : Olney Continues Moderat! :
Whereas it hath this day been proposed that some Convenient percell of land may be stated to lie in Comon Continually to be for the use of millitarey affaires for training of souldiers & ctr ; & also to a place to be for the vse of Buireing of the dead & many of the purchas- sers & Proprietors of ye lands of this Towne of Providence being now met together & Haveing Considered the matter doe apprehend it to be a sutable motion & Convenient the same to propogate; And for as much as it hath hitherto been omitted when it might (happely) been with more conveniency Effected, yet now well weighing the motion & finding that there is a nesessitye of the performing of the same ; And if longer Omitted the more inconvenience Will appeare ; It is there- fore by these presents Ordered detirmined & Agreed And by these presents doe hereby order detirmine & Agree that all those Comon lands lieing betweene the land 'belonging to Archibald Walker whereon he Now dwelleth ; & Southward to brooke which Run neth out of Samuell Whipple Sen !. his land whereon he now dwelleth & Eastward with the Highway & westward & norwestward with Moshosick River shall perpetually lie in Comon for the vses aforesaid & for other publick
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uses as the Towne shall see cause not damnifieing what is afore prom- ised ;
And that a burieing place be bounded out of the said Tract of land in the place & what quantetye three men which the Town sall all make choyce of, shall appoynt, And if any appropreated landes lieing within the boundes afore spesified be at any time layd downe to Comon it shall continually in Comon Remaine & not be appropreated to any person. Any former act, order or Clause therein to the Contrarey hereof Not- withstanding. /
Major Wim : Hopkins Cap'n : Jo". Dexter & Tho : Olney sen! : are the three men Chosen to bound out & State the aforesd buring place, & to doe it with what Conveniency may be & make their Returne to the towne. [Town Meeting Records No. I, page 40.]
[July 28, 1707.] At a Town Meeteing being quarter day July ye 28 : 1707 : by Reason yt by Reason yt ye 27th day fell to be upon ye first day of ye weeke,-
Ordered that a Traineing place shall be stated out for ye Southerne Companey of souldiers to Exercise in, where it may be | convenient | on Providence land & yt ye Major shall appoynt ye Place where it shall be, & one or other of ye Towne Surveiors to bound it out, & if it should be upon any Mans land which is appropriated ; & if ye Person whose land it is will give way yt it shall be on his land, then satisfaction shall be made him in land out of the Townes Comon ; but if there be not a free- dome to give way then to state sd Traineing place on ye Comon land ; And that ye traineing place not to Exceed four acres of ground. [Town Meeting Records No. 1, page 68.]
[April 27, 1708.] Town of Providence to Henry Adams-Grant. Whereas upon the 27th, of Apr. 1708 the purchasers & Town of Provi- dence being together at their meeting : Upon the request of Henry Adams of this town of Providence they granted unto him over the way against the west end of his home lot in sd. Providence town a quantity
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of land of 50 ft. square to set a house on. The which sd. quantity of land was soon after the grant thereof laid out & bounded to the sd. Henry Adams in order to the towns grant & he the sd. Henry Adams posessed therewith & since upon ye same hath built a house.
Laid out by me Tho's Olney Jun.
Surveyor Recorded May ye 22nd 17II. Tho's Olney Clerk. [Decd Book No. 2, page 191.]
[April 28, 1712.] At a Towne Meeting quarter day 1712 Reason the 27th day fell to be on the first day of the | week in the | month of Aprill this yeare, the meeting held on ye 28th of ye month.
Wherelas| there was a bill preferred this day to ye Towne by sev- erall Persons, Namely, Samuell Wilkinson Junr, Tho. Smith Samuell Aldrch & Hasadiah Comstock Requesting of the towne that the High- way through the Northerne part of the Towneshipp might be run out northward so farr as the inhabitants do any of them dwell that so it may knowne where it is, that so it may be repared from time to time & kept in a Condition for People to pass in ; the Towne haveing Considered | sª bill | do order that the Townes two Surveiors for the laying out of land on ye East side of ye seven mile line shall some time in the month of May in this presant year 1712 : State out a highway for a Common Roade beginning at the northerne End of that part of said Roade in that Tract of land belonging to Edward Inman & his partners | which formely was runn | on the hill called Wesquadomeset hill the said Roade haveing already been runn so farr Northward as a little way northward from Nathaniell Mawryes now dwelling house ; the which said highway is to be four poles wide ; and at the northerne End of that part of said highway so farr Runn to take it & State it along that breadth north- ward through that Tract of land belonging to sd Inman & his Partners
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Here lies & body. sof Samuel Whipple 1 &who died March 012th 2719 in V. 67 year of this tag
The first interdit im rois Ceneriery.
Samuel Whipple was the son of John Whipple, formerly of Dorchester, Mass. lle married Mary Harris, daughter of Thomas Harris of Providence. He held office as town constable in 16SS and was a deputy to the General Assembly in 1691.
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so farr as the Cedar swamp lieing on the Norwesterne part of said Tract of land ; And then still to Continue the sd highway along North- ward as farr as our Townes inhabitants do dwell & so over that branch of Pawtuckett River which Runneth by the North End of Wansokett hill so farr as the sd surveiors shall judge it may be Convenient at pres- ant to do ; And it is also ordered that the said two surveiors for their stateing out of the Sd Highway shall be payd out of the Towne their Treasury And as | for | Restetution for the land which may be taken out of any persons Proprietye to make the Highway on ye south side of the aforesd branch, the Towne have determined that ye proprietors of those lands shall Beare it themselves it being a Gift from the Towne which had the satisfaction in it selfe sufficiently for Highways
And as for Ed Inman & his partners tract by agreement the Towne Reserved a highway through it. [Town Meeting Records No. 1, page S7.]
[October 27, 1712.] At a Towne Meeting quarter day October the 27th 1712.
It is ordered that the Highway to leade to Pautuckett shall goe out of the Country Roade way towards Loquasqasuck on the north side of the Valley called ye Great Meaddow Hollow ; & so to leade away East ward between sd Williams his land & ye land of James Young :
the meeting is desolved. [Town Meeting Records No. I. page SS.]
[May 6, 1713.] Act of the General Assembly. Whereas com- plaint hath been made to this Assembly that the public road leading through this colony from Pawtucket river to Pawcatuck river is in several places stopped up, crooked and not passable for travellers : an l the Assembly taking the same into consideration, have nominated and appointed a committee of five men viz : Mr. Philip Tillinghast for the town of Providence Mr. Malachi Rhodes for the town of Warwick Capt. Thomas Prye, for the town of Greenwich ; Mr. George Hassard for the town of Kingstown and Capt. John Babcock for the town of Westerly
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to be a committee for the regulating the said Common road, and if need be, to lay open any mans land or freehold, for making the same more straight fair and passable Always provided, that due satisfaction may be made to such person or persons as may be hurt or damnified thereby.
Also His Honor the Governor is hereby fully empowered and de- sired to grant and issue forth his warrant or commission with such needful instructions and directions as to him shall seem meet for the accomplishment thereof ; and to state and prefix the time when said work shall be begun and finished and the charge of the said Committee and those attending them shall be paid out of the general treasury. [Rhode Island Colonial Records Vol. 4, page 151.]
[March 9, 172 2-3.] Vpon the petition of Mr. Richard Brown and Jeremiah Browne It is voated and ordered that there shall be a Revisal of that highway of two poles wide by the 18-foot pole ReLayed from the brooke neere Jeremiah Brownes Dwelling house to the high- way that Leads to Pawtuckett bridg; and that Coll. Joseph Jenckes and Justice Richard Brown shall take Care to [Re |Layl or Revise' said way and make Returne of their preceedings to the next sitting of the Councill : [Town Council Records No. 2, page 58.]
[July 27, 1727.] Att a Towne quarter meeting held att Provi- dence this 27th day of July anno Dom 1727-
It is vated and ordered that Mr. William Turpin shall Repaier the Towns Pound and sett it up in sum Conveniant place upon the peice of Land that was stated for a burying palace and Traineing place and also to Repaiere the stocks and whiping post ; and have his pay out of the Towns Treasurey
Tho meeting is desolved - [ Town Meeting Records No. 4, page 10.]
[February 8, 1747.] Voted that there be added to the public burying place at the north end of the town of Providence so much of
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the Proprietors Common Land ajoyning thereto as to make up the whole ten acres with what is already granted for that purpose and that Capt. Richard Sayles John Aldrich and Gideon Comstock are appointed a committee to survey and lay out the same and make return to the next meeting with an account of what common land there remains be- longing to the proprietors. [Providence Town Paper No. 0968.]
[June 10, 1748.] Voted that whereas the committee that was appointed to inspect in and find out what common lands there yet remains at the town of Providence adjoining to the burying place belonging to the proprietors made a report that they had not found any such land at that place and the committee present their account of thirty shillings due to each of them for their service amount to four pounds and ten shillings which is allowed and ordered to be paid to Capt Richard Sayles John Aldrich and Gideon Comstock the said Committee. [Providence Town Paper No. 0968.]
[January 14, 1750.] At a Town Meeting held at Providence on ye second Munday of January being ye 14th of sd Month A. D. 1750 being caled by warrant.
Vpon the Petition of John Anthony Angel Praying that the Town wold be pleased to grant him the Libirty of an acre or half of one Acre of Towns Land neare the burying Ground next adjoining to his own Land there in order to Jnlarge his gardin on such Conditions and for such Time as The Town shall think proper : Vpon Consideration Whereof it is Voated and Ordered by this Present meeting that the Prayer of said Petition be granted ; and That Cap.t Stephen Dexter Stephen Hopkins Esq. and Mr Elisha Brown be and they are hereby appointed to Inspect into bound out and Lease vnto the said John Anthony
Angel so much land that belongs to the Town not Exceeding one acre at such terms as they thing proper and for any term not Exceed-
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ing foure years and that sd Angel is bound at the Expiration to deliver peacable possession to the Town or their order. [Town Meeting Records No. 5, page 27.]
[June 6, 1763.] Voted and resolved that George Jackson, Samuel Currie and James Angell or any 2 of them be a Committee to revise the bounds of the land granted by the Proprietors for a burying place and the lands up the river against the high bank together with a true representation of the grant of said Burying place and of all persons that are on the said lands & make report to the next Town Meeting. [Town Mecting Records No. 5, page 107.]
[August 30, 1763.] Voted that Mr. Nicholas Brown and John Jeneks be added to the former Committee appointed to revise the bounds of the land granted for a burying place &c and that any three of said Committee are hereby ordered to make report agreeable to the former vote of the town at the next town meeting. [Town Meeting Records No. 5, page 108.]
[June 4, 1764.] Report. We the Subscribers being Appointed by the Town of Providence at their Meeting held in August Last To Revise the Bounds of the Land Granted by the Proprietors for a Burying Place at their Meeting held on the Tenth of June 1700 at Which Meeting it was Granted Ordered Determined and Agreed and by these Presents Do hereby Order Determine and Agree that all those Common Lands Lying Between the Land Belongin To Archibald Walker Whereon he now Dwelleth and Southward to the Brook Which Runneth out of Samuel Whipple Senors his Land Whereon He now Dwelleth and East- ward with the Highway, and Westward and Northwestward with Mo- shausick River Shall Perpetually Lye in Common, for the Use afore- said and for other Publick uses as the Town Shall See Cause Not Damnifying
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