TERRITORY OF RHODE ISLAND IS INCREASED BY THE ADDITION OF BLOCK
ISLAND.--DISPUTES BETWEEN BLOCK ISLAND AND THE OTHER COLONIES
SETTLED BY ROYAL COMMAND.--STATE OF AFFAIRS IN THE COLONY IN
1667.
The charter came at a fortunate moment, for petition and remonstrance
had reached their utmost, and it is difficult to see how the little
Colony could have preserved the integrity of its territory much longer
against two such powerful neighbors but for the intervention of an
authority that was recognized by all. The services of John Clarke
must be estimated by the imminence of the danger, and his skill by
the difficulty of the negotiation. Meanwhile the territories of Rhode
Island were enlarged in another direction.
Block Island has already been mentioned in connection with the Pequot
war. In 1658 it was granted by Massachusetts, in whose hands the war
had left it, to Governor John Endicott and three others, as a reward
for their public services. Endicott and his associates sold it to
Simon Ray and eight associates, who, in 1661, entered upon their work
of colonization by liquidating the Indian title with a reservation in
favor of the natives, and setting apart one-sixteenth of the lands
for the support of a minister forever. The new settlement had not
yet reached its third year when it passed under the jurisdiction of
Rhode Island, and, in the May session of the General Assembly for
1663, was summoned to appear at the bar of the house and be regularly
received into the Colony. At the appointed time three messengers
presented themselves, bringing the submission of the inhabitants to
"his Majesty's will," and a petition of householders for the freedom
of the island. Three select men were chosen to govern it with power
to "call town meetings," hear causes under forty shillings, and where
a greater amount was involved, grant appeals to the General Court of
Trials, and "issue warrants in criminal cases." Their representation in
the Assembly was fixed at two, and their attention was called to the
clause in the charter declaring freedom of conscience. The question
of a harbor for the encouragement of the fisheries soon attracted
the attention of the Assembly, and, as early as 1665, we find John
Clarke with the Governor and Deputy-Governor examining this important
subject on the spot. But it was no work for a feeble Colony, and it
was not till two hundred years later and under a rich and powerful
national government that it was begun. Meanwhile the population grew
and throve under colonial protection. Nine years after its first civil
organization Block Island was incorporated under the name of New
Shoreham, "as sign," say the petitioners, "of our unity and likeness
to many parts of our native country."
The conflict of patents did not end with the promulgation of the
second charter. Massachusetts and Connecticut still persisted in
their claims, and Rhode Island in her resistance. Fortunately for
her the final decision lay with the Crown, and, although both of
the intruding colonies made repeated attempts to set up governments
of their own within the limits of the disputed territory, they were
restrained from persistent violence by the knowledge that Rhode
Island claimed and was prepared to exercise the right of appeal. An
opportunity soon offered of making an important step towards decision.
Four Commissioners--Colonel Richard Nichols, Sir Robert Carr, George
Cartwright and Samuel Maverick--were ordered to proceed to America,
reduce the Dutch provinces, and decide all questions of appeal,
jurisdiction and boundary between the colonies. On their arrival in
New York harbor, where they made the British fleet their headquarters,
Rhode Island sent a deputation of three, with John Clarke at their
head, to welcome the Royal Commissioners in the name of the Colony.
They set themselves promptly to their work. The first question that
came up for decision was the boundary line between Rhode Island
and Plymouth. This they were unable to settle, and reserved it for
reference to the King. Next came the vexed question of Narragansett.
The submission of the sachems was confirmed, an annual tribute of two
wolf-skins imposed, and the right to make war and sell land reserved
to the authorities set over them by the Crown. A new division of the
territory followed, all of the land west of the Bay, the southern half
of the present Kent County, being set apart as King's Province, under
the administration of the Governor and Council of Rhode Island, as
magistrates of King's Province. Last came the bitter Warwick question,
which had almost led to bloodshed. This was decided in favor of
Rhode Island, upon the ground that no colony had a right to exercise
jurisdiction beyond its chartered limits. It would have been well
for the three colonies if the dispute had ended here. But neither
Massachusetts nor Connecticut was satisfied. It was hard to give up the
beautiful Narragansett Bay, "the largest," say the Commissioners, "and
safest port in New England, nearest the sea and fittest for trade."
The Indian was fast disappearing, and sometimes under circumstances
which awaken a natural regret that where adverse civilizations met so
little could be done for the individual. The old Sachem Pumham still
clung to his home in the woodlands of Warwick Neck, encouraged, it was
believed, by the hope of support from Massachusetts. John Eliot, the
translator of the Bible, interceded for him. Roger Williams asked for
a little delay till the harvest was in. But twenty years experience
had shown that his residence there was incompatible with the peace
of the Colony. Sir Robert Carr, the Royal Commissioner, met Eliot's
intercession by sending him copies of all the papers relating to the
question, and so far satisfied the scruples of Williams as to secure
his hearty coöperation in the removal of this thorn from the side
of the struggling Colony. Thirty pounds were paid into the hands of
the old chief, a large sum for those days of general poverty, and he
removed forever beyond the limits of King's Province.
The Royal Commissioners on their arrival in Rhode Island had laid
before the Assembly five propositions as "the will and pleasure of the
King:"
"1st. That all householders inhabiting the Colony take the oath
of allegiance, and that the administration of justice be in his
Majesty's name."
This brought up the delicate question of oaths, which, recurring from
time to time, was gradually shaped by successive modifications so as to
meet the demands of government without infringing upon the principle of
soul-liberty.
"2d. That all men of competent estates and of civil conversation,
who acknowledge and are obedient to the civil magistrate, though of
different judgments, may be admitted to be freemen and have liberty
to chose and to be chosen, officers, both military and civil."
This was accepted and the mode of admitting freemen prescribed.
"3d. That all men and women of orthodox opinion, competent knowledge
and civil lives, who acknowledge and are obedient to the civil
magistrate and are not scandalous, may be admitted to the Sacrament
of the Lord's Supper, and their children to Baptism, if they desire
it, either by admitting them into the congregations already gathered,
or permitting them to gather themselves into such congregations where
they may enjoy the benefit of the Sacraments, and that difference of
opinion may not break the bonds of peace and charity."
If we interpret the word orthodox according to the Rhode Island
standard of theological interpretation, this was already Rhode Island
doctrine and required no deliberation.
"4th. That all laws and expressions in laws derogatory to his
Majesty, if any such have been made in these late and troublesome
times, may be repealed, altered and taken off the files."
This, also, was accepted, and a revision of the laws ordered for that
purpose.
"5th. That the Colony be put in such a posture of defence that if
there should be any invasion upon this island, or elsewhere in this
Colony (which God forbid) you might in some measure be in readiness
to defend yourselves, or if need be to relieve your neighbors,
according to the power given you by the King in your charter and to
us in the King's commission and instructions."
This, also, struck a familiar cord. Provisions for self-defence had
already been made as circumstances called for them. A new militia law
was now passed, requiring six trainings a year under heavy penalties,
and allowing nine shillings a year for each enlisted soldier. Every man
was to keep on hand two pounds of powder and four of lead, and each
town was required to maintain a public magazine. To defray the expenses
of these magazines Newport was taxed fifty pounds, and the other three
towns twenty pounds each.
The Royal Commissioners were well satisfied with the conduct of
Rhode Island, and Rhode Island, surrounded by powerful enemies, had
every reason to be well satisfied with the Commissioners. Still
the encroachments and aggressions of Massachusetts and Connecticut
continued. As a prospective means of defence against them John Clarke
was again asked to carry the complaints of the suffering Colony to
England, and John Greene was chosen to accompany him. In 1672 a new
claimant appeared in the lists.
The Council of Plymouth had been lavish of its gifts of land, and in
its ignorance of American geography had formed a perplexing map of
conflicting claims. In one of its grants it had given the greater part
of Maine, together with Nantucket, Martha's Vineyard, Long Island and
the adjacent islands, to the Earl of Stirling. The Earl of Stirling
sold his grant to the Duke of York, already proprietor by royal gift of
the recently conquered province of New Netherlands. The term adjacent
islands would have included Acquidneck and the other islands of
Narragansett Bay. Prudence, one of the pleasantest and most valuable
of them, had been bought of the Indian proprietors by Roger Williams
and John Winthrop. In the course of time it passed by regular sale to
John Paine, a Boston merchant, who had won the favor of the Duke of
York by contributing liberally to the rebuilding of Fort James, in New
York harbor. Governor Lovelace, the Duke's attorney, felt that such
liberality was deserving of a signal reward. Paine was already the
owner of Prudence. Lovelace resolved to make it a free-manor by the
name of Toply manor, and confer the governership for life on Paine.
By a second grant the original quit-rent of two barrels of cider and
six pairs of capons was remitted, and this territory of seven miles in
length became an untaxed and independent government.
But Rhode Island was an uncongenial soil for feudal tenures. Paine
was arrested, indicted and convicted under the law of 1658 against
the introduction of a foreign jurisdiction, and Prudence without any
formal act of adjustment returned to its original position as a part of
Portsmouth.
Thus the Rhode Island Colony grew apace. From time to time questions of
practical government arose, to be worked out and solved by experience.
It was not easy to make citizens feel their duty to the State. More
than once the Assembly failed in attendance, to the serious detriment
of the public. Fines were imposed, and that some inducement to
greater regularity might be held out, a small pay of three shillings
a day, which was soon reduced to two, was attached to the function
of delegate. To facilitate the expression of opinion voting by proxy
was permitted, and to secure the election of the most acceptable
candidate it was enacted, "that whereas there may happen a division
in the vote soe that the greater half may not pitch decidedly on one
certaine person, yett the person which hath the most votes shall be
deemed lawfully chosen." The laws of the Colony had been the growth
of circumstances, expressing new wants and representing a progressive
society. Committees were appointed on several occasions to revise
and harmonize them. On the committee of October, 1664, we find Roger
Williams and John Clarke.
The progress of society has established a fundamental distinction
between legislative, executive and judicial powers, which was not known
to ancient publicists. The Court of Trials was composed of members of
the Assembly, and thus the whole body of law-makers was gradually led
to exercise judicial authority.
The Colony was poor, and the persecutions of Massachusetts and
Connecticut compelled it to incur expenses greatly beyond its means.
When Roger Williams went on his second mission to England he sold part
of his estates in order to raise the money for his expenses. When John
Clarke was sent to negotiate the second charter he was obliged to
burthen his estate with a mortgage. The whole sum due him by the Colony
was but three hundred and forty-three pounds, and yet so hard was it to
collect the tax by which this sum was to be paid that it was not until
twenty years after his death that the mortgage was lifted.
Internal dissensions and the alarm of foreign war troubled the Colony
in 1667. Two names long prominent in Rhode Island, Harris and Fenner,
appear at the head of two hostile factions in Providence and continue
for a while to disturb the public peace. England, whose wars now found
a reëcho in the colonies, was again at war with France and Holland.
Efficient measures were taken to put the Colony in a state of defence,
and thus new burthens were imposed. A council of war was organized
in each town. Ammunition was collected. Officers were commissioned.
Cannon were mounted at Newport. Cavalry corps were formed in the
towns. The Governor and Council met in frequent deliberations. The
Indians were disarmed and sent off the Island. A line of beacons was
established from Wonumytomoni Hill, near Newport, to Mooshausick
Hill, in Providence. Abundant proof was given of the energy and good
statesmanship of the Colony. But the day of real trial was not yet come.
The question of taxation was an early cause of difficulty. The poorer
towns felt themselves aggrieved, and often put insuperable obstacles
in the way of the collector. Even the tax for the payment of John
Clarke was disputed, and Roger Williams drew upon himself a severe
condemnation from Warwick by a letter wherein he urged its payment.
At last, in 1672, the Assembly took the matter seriously in hand and
passed a bill declaring, "that whoever opposed by word or deed, in town
meeting or elsewhere, any rate laid, or any other of the acts or orders
of the General Assembly should be bound over to the Court of Trials,
or imprisoned till it meet, at the discretion of the justice, for high
contempt and sedition; and if found guilty, should be fined, imprisoned
or whipped, as the court might adjudge."
It was not altogether without reason that this stringent act was
passed, for the aggressions of Connecticut and the alarm of an Indian
war made it necessary to strengthen as far as possible the hands of
government. But there was a danger in this legislative omnipotence
which the people quickly perceived, and the new Assembly of May undid
by a comprehensive repeal the work of its predecessor of April.