Gorton and his companions were summoned to Boston to make an

SAMUELL GORTON

The Rhode Island Series.

-------

1. MARY DYER OF RHODE ISLAND, THE QUAKER MARTYR THAT WAS HANGED ON

BOSTON COMMON JUNE 1, 1660. BY JUDGE HORATIO ROGERS.

2. A SUMMER VISIT OF THREE RHODE ISLANDERS TO THE MASSACHUSETTS BAY IN

1651: ITS INNOCENT PURPOSE AND ITS PAINFUL CONSEQUENCES. BY HENRY

MELVILLE KING.

3. SAMUELL GORTON: A FORGOTTEN FOUNDER OF OUR LIBERTIES; FIRST SETTLER

OF WARWICK. BY LEWIS G. JANES.

-------

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4. THOMAS OLNEY, JUNIOR, TOWN CLERK. BY EDWARD FIELD.

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_Uniform, 12mo., cloth, $1.00 net each._

------------------------------------------------------------------------

SAMUELL GORTON:

A FORGOTTEN FOUNDER OF OUR LIBERTIES

FIRST SETTLER OF WARWICK, R. I.

BY

LEWIS G. JANES

AUTHOR OF “A STUDY OF PRIMITIVE CHRISTIANITY,”

ETC.

“More ideas which have become National, have emanated from the little

Colony of Rhode Island, than from all the other American States.”—GEORGE

BANCROFT, in Address before the New York Historical Society.

PROVIDENCE

PRESTON AND ROUNDS

1896

COPYRIGHT, 1896

BY

PRESTON AND ROUNDS

ALL RIGHTS RESERVED.

PRESS OF

E. L. FREEMAN & SONS, PROVIDENCE, R. I.

------------------------------------

PREFACE

It has been the misfortune of Rhode Island to have had its earlier

history written and read under the bias of prejudices engendered by the

controversies which led to its settlement. Justice has not yet been done

to the prescience and statesmanship of the remarkable men who were the

builders of the first Commonwealth in the world’s history dedicated to

Soul Liberty.

Among these men, none were possessed of a personality more striking and

picturesque than the subject of this paper, Samuell Gorton. The cordial

reception of this brief historical sketch by the distinguished audience

which gave it a hearing before the Rhode Island Historical Society has

induced me to consent to its publication. It has since been carefully

revised, and a few doubtful points have been cleared up as well as the

character of all available data will permit.

I am indebted to Mr. William D. Ely and Mr. Charles Gorton, of

Providence, and Mr. Adelos Gorton, of Philadelphia, for valuable aid and

suggestion in perfecting this revision. It is hoped that the publication

may stimulate further research in the interesting field of our Colonial

history. A native of Rhode Island, the writer traces his ancestry by two

distinct lines to the Mayflower, while the first of his family name in

America was one of the earliest settlers of the New Haven Colony. He is

therefore able to approach the subject without undue bias of ancestral

prejudice, and with the sole desire of vindicating the truth of

impartial history.

L. G. J.

BROOKLYN, N. Y., May 25, 1896.

SAMUELL GORTON:

A FORGOTTEN FOUNDER OF OUR LIBERTIES

FIRST SETTLER OF WARWICK, R. I.

I

WARWICK, NEW AND OLD

The town of Warwick, R. I., is not to-day of remarkable interest to the

antiquary or seeker after the venerable relics of bygone days. It has

“come out into the newness” of our nineteenth century life. Its streams

respond to the music of the flying shuttle and the turning wheel with a

dash and hurry almost human in their restlessness. Half a score of

flourishing manufacturing villages lend their potent aid to make it the

sixth town, in population, in the State having a larger number of

inhabitants to the square mile than any other in the American Union.

The old Colonial and Revolutionary dwellings were largely, doubtless, of

a humble sort, and have given place to the more prosperous farm-houses

and pretentious mansions of a generation that knows not the ways of the

fathers. The busy Pawtuxet and its tributary streams, partly excused

from the drudgery of mill-turning by the more potent substitutes of the

later day, are pumped away to quench the thirst of the distant city

whose contentions a quarter of a millenium ago drove Samuell Gorton[1]

and his colleagues to seek their homes in the Shawomet wilderness, there

to become the founders of a State.

Yet the Warwick of to-day, in its summer dress, well repays the visitor

who may chance upon its hospitable soil. All along its beautiful shores

arise pleasant homes and hostelries for the accommodation of the summer

visitor; while inland, the rolling hills, prosperous with growing grass

and coming harvests, are not without a quiet and restful beauty which

pleases the eye, and solaces the mind and heart. In the little hamlet of

Apponaug, close by Coweset Bay, the brave new Town Hall, one of the

finest in New England, testifies to the enterprise as well as to the

prosperity of the people. Its newness is in harmonious touch with the

prevalent appearance of the country around it. There is nothing old,

apparently, in old Warwick but the sub-soil and rocks, and here and

there a venerable tree antedating European occupation, beneath the

branches of which Pomham and Soccononocco, with their dusky braves, may

have sat and smoked the pipe of peace with the men of Massachusetts, or

taken counsel as to the best means of circumventing the united wiles of

the head-sachem of the Narragansetts, Miantonomi, and his persistent

allies, the pale-faced “Gortonoges.”

Yet old Warwick has a history surpassed in interest by none other of the

New England settlements. Its founder was a man of intellectual and moral

force, worthy to rank with Roger Williams, William Bradford, and the

other noble founders of our liberties. He was a man much misrepresented

in his day and generation, and but little remembered and understood even

in our own time, when history is being studied anew in the light of

evolution and a true historical method, and reconstructed on the

principles of enlightened scholarship and impartial justice. The later

history of Warwick also has much of interest for the patriotic American.

On its shores the first blow of our Revolutionary struggle was struck,

in the capture and destruction of the British schooner Gaspee; while the

heights of Warwick Neck were then crowned with a fort, long since

dismantled, for the protection of the settlements around Coweset Bay

from the attacks of the English.

It is the Warwick of the seventeenth century, not that of the eighteenth

or nineteenth, that I would fain call to the minds of my readers,—the

Warwick whose inland acres were covered with the primitive wilderness,

where wolves and Indians were at home,[2] and the white man was a

stranger; the Warwick which Samuell Gorton sought after being frozen out

of Boston, banished from Plymouth and Pocasset, and driven by

contentions from Providence and Pawtuxet.

Yonder, on Conimicut Point, he built his block-house,[3] and therein

defied for a day and a night the force of Puritans and savages in equal

numbers, aggregating more than four times his own, which Massachusetts

sent against him; finally surrendering to superior battalions to prevent

blood-shed. Farther south, at the head of Warwick Cove, a quiet arm of

the Narragansett, stood his humble homestead, where he passed his

declining years in the honorable service of the Town and Commonwealth

which he helped to found; the land surrounding which has remained in

unbroken succession in the hands of his descendants to the present day.

Near by, John Greene, John Wickes, Randall Holden and the other men,

good and true, who were his colleagues and supporters, cleared and

tilled their allotted acres, making the wilderness to blossom as the

rose.

Yes, there are after all some reminders of these primitive times besides

the sub-soil and the ancient cedar by the Potowomut River; for yonder,

at Rocky Point, the perennial clambake celebrates in aboriginal fashion

and in their native haunts, the shore-feasts of the Indians. And down on

Potowomut Neck which Warwick won for her own after long and litigious

struggles, once the favorite camping ground of the aborigines, you may

still pick up the flint arrow-heads which they fashioned and left behind

them three centuries ago. You may paddle up the Pawtuxet, under the

over-arching branches of noble trees, into quiet reaches of the river,

where the hum of cities and the bustle of civilization seem remote

indeed. And in the new Town Hall at Apponaug you may shut out the noises

of the day, and curiously con the ancient records of the Town;—you may

see the very pages on which these pioneers of a new civilization bore

testimony to their humble beginnings, and told, in part, the story of

the building of a State. I have searched these records faithfully—here,

and in the library of the Historical Society at Providence, where other

precious manuscripts are preserved. Some of these men I have come to

know. I have thought their thoughts after them in deciphering their

writings. I have felt their throbbing human hearts, laboring to lay the

foundations of a Commonwealth wherein liberty should be secure under the

protection of law; wherein the civil power should have no control over

the consciences of men. Something of this would I lay before the

impartial reader; in justice to these men who so labored that we might

enter into their labors and reap the ripe fruits thereof; in justice

also to ourselves, that we as American citizens may not remain ignorant

of this forgotten chapter in the noble story of the beginnings of our

National life.

II

SOURCES OF INFORMATION

The story of Samuell Gorton is in a large part the narrative of the

beginnings of the Commonwealth of Rhode Island. If I mistake not, it

also constitutes an important and hitherto unrecognized chapter in the

history of the beginnings of our National life. It is a story but little

known to the average American citizen. It has been briefly told by John

M. Mackie, in Sparks’ American Biography, and by Gov. Arnold in his

noble volumes of Rhode Island History. Certain phases of it have been

discussed and amplified in the interesting monographs of Judge Staples

and Judge Brayton.[4] William D. Ely has thrown important light upon

some salient points in Gorton’s history, in reports published in the

Proceedings of the R. I. Historical Society.[5] Palfrey has touched it

lightly and with scant justice in his History of New England, and Fiske,

in his Beginnings of New England, has given it inadequate treatment.[6]

Other historians have alluded to Samuell Gorton but to distort and

misrepresent his actions and opinions.

A mere rehash of the narratives of Mackie, Arnold, and Brayton would be

unworthy of the attention of this learned Society. To ignore their

conscientious efforts to do justice to the founder of Warwick and

co-worker with Roger Williams in the building of a Commonwealth

dedicated to the principle of Soul Liberty, would, on the other hand, be

unjust and impossible to one who would rightly sketch the history and

estimate the work of Samuell Gorton. In the light of all that these

just-minded sons of Rhode Island have written upon this subject, I have

studied it anew and independently, making use of all available printed

material, and also of valuable unpublished manuscripts and town records.

I have arrived at certain conclusions, quite unexpected when I commenced

my investigations, concerning Gorton’s political and religious

philosophy, which, if correct, will modify previously received opinions

of the man and his work, and which seem to me sufficiently vital and

important to merit the attention of all students of American history. It

is the main object of this paper to set forth the substance of these

conclusions, with some reference to the documentary evidence on which

they are based. For the instruction of those who have not made this

somewhat obscure episode in Rhode Island history a special subject of

investigation, some account of the leading facts of Samuell Gorton’s

career becomes a preliminary necessity.

III

THE MAN AND HIS WORK

Who was Samuell Gorton? What part did he play in our Colonial history?

These questions let us briefly answer before we attempt a somewhat

careful study of his religious and political opinions, about which there

has been so much misunderstanding. Samuell Gorton was born in the parish

of Gorton, England, a few miles from the present bustling city of

Manchester, about the year 1592.[7] He came of a good family, “not

entirely unknown,” says Judge Brayton, “to the heraldry of England.”[8]

Here, as Gorton himself declares, “the fathers of his body had dwelt for

generations.”

We know but little about his early life. Though he did not attend any of

the celebrated schools or universities of England, his education seems

to have been carefully conducted by private tutors.[9] As with many

other students of his day, the Bible was his principal text-book. He

could read it in the original: he was a master of both Greek and Hebrew.

And he brought to the reading a vigorous intellect and a more original

and independent judgment than is commonly applied to theological

studies.

Samuell Gorton probably dwelt in the vicinity of his birthplace until he

was about twenty-five years of age.[10] Here he made the acquaintance of

a Separatist Elder, afterwards connected with the church in Holland,

whence came the Mayflower Pilgrims. His mind readily assimilated the

spirit of the Puritan revolt against the degenerate formalism of the

times; yet his Puritanism was without taint of dogmatic narrowness. He

always retained an affection for the church of his fathers. “I drew my

tenets,” he says, “from the breasts of my mother, the Church of

England.”[11]

In his early manhood he left Gorton and went to seek his fortune in the

great English metropolis. In London he engaged in business, and built

for himself a home. In a certain conveyance signed during his residence

there, he is described as “Samuell Gorton, clothier,” and also as

“Professor of the misteries of Christ.” Religion and daily occupation

were never divorced in his consciousness. He would not make a trade of

the former, nor could he conduct the latter on a plane inconsistent with

those moral and religious principles which dominated his life. His

business as a “clothier,” in the phraseology of the day, was that of a

branch of manufacturing—the finishing of cloths after weaving. It is

doubtful whether he met with great pecuniary rewards in his chosen

industry. His enemies afterwards said that he left London in debt, to

avoid imprisonment threatened by his creditors. Of this there is no

valid evidence; we may dismiss it on the authority of his explicit

denial.[12] “I left my native country,” he said, “to enjoy libertie of

conscience in respect to faith towards God, and for no other end.”

Samuell Gorton arrived in Boston in March, 1636-7.[13] A few months

before, Roger Williams had been banished from Massachusetts Bay. The

Colonial authorities were now agitated by the heresies of Anne

Hutchinson and John Wheelwright.[14] They, in turn, were shortly

compelled to seek other dwelling places to secure opportunity for free

expression of opinion. Evidently, the liberty of conscience which Gorton

sought was not to be safely exercised in Boston. He turned his steps

toward Plymouth, the home of the Separatist Pilgrims, hoping there to

find the goal of his desires. In Plymouth he hired for four years a part

of the house of Ralph Smith, formerly the minister of the Plymouth

church, of whom Roger Williams for a brief time had been the colleague.

Here Gorton first met the founder of Rhode Island, while on a visit to

his former home. Gorton dwelt quietly in Plymouth[15] for a time, with

his family; his wife, Mary,[16] whom he married in London, of whom he

says: “She had been as tenderly brought up as any man’s wife then in

town,” his eldest son Samuell, a boy of six years when he left England,

his daughter Mary, and one or two other children; and one Mrs. Aldredge,

a worthy woman, a widow, and a servant of Mrs. Gorton’s.

It was the latter member of his household who got him into trouble with

the Plymouth authorities. She committed the unpardonable sin of smiling

in meeting, on what provocation we know not.[17] Samuell Gorton defended

her before the magistrates, and advised her not to appear in person to

answer to their charges, which were based upon no express allegations of

the violation of law. He vigorously denounced their action as in

opposition to those English precedents which the customs of many

generations had established for the legal protection of persons unjustly

accused of violations of the public peace. For his alleged contumacy and

mutinous behavior he was fined, held under bonds to keep the peace, and

sentenced to banishment from the Colony within fourteen days.[18]

From Plymouth, he made his way to Pocasset, the new settlement which the

followers of Anne Hutchinson had begun on the island of Aquidneck, in

Narragansett Bay, where he arrived, probably, some time in December,

1638. The weather was cold and the journey perilous. His wife, in

delicate health, had an infant at the breast, sick with measles, which

“struck in” under the exposure, nearly causing its death. At Pocasset

Gorton’s name appears as one of four out of fifty-nine freeholders to

which the title of “Mr.” is prefixed, then an indication of social

position and gentle birth.[19] The government of Pocasset was at first

theocratic, a judge and five elders constituting its magistrates, who

were bound to execute justice “according to the laws of God.” A majority

of the community desired a more democratic form of government; and

Coddington, the judge (afterwards Governor of the united Colony), with

the elders, and a few other free-holders, emigrated to the southern end

of the island, where they founded the town of Newport.[20] The remaining

free-holders, including Samuell Gorton, thus forsaken by their

magistrates, instituted a new town government, and changed the name of

the settlement to Portsmouth. This occurred in the spring of 1639. A

year later,[21] the two settlements were united under one government for

the transaction of affairs of common interest, and the influence of

Coddington and the Newport magistrates became potent throughout the

island. Gorton and his friends regarded this coalition as irregular and

illegally constituted. It seems never to have been sanctioned by a

majority of the free-holders. He appears to have declined to admit

allegiance to it, and to have permitted his citizenship to lapse, though

still retaining his residence.

It was not long before he became involved with the Portsmouth

authorities in a controversy concerning an alleged assault of his

servant on a woman who had trespassed on his land in pursuit of a cow

which was also a trespasser. Gorton again defended his servant, and

denied the legal constitution and jurisdiction of the court. “They did

not have the choice of the people,” he says, “but set up for themselves.

I know not any more that was present in their creation but the

clergieman who blessed them in their inauguration.” His language was

doubtless vigorous and not wholly parliamentary.[22] His keen sense of

justice was outraged by the proceeding, and his sympathetic nature led

him to severe retorts upon a witness who, in his opinion, swore falsely,

and the magistrates who were biased in favor of the prosecution. For his

alleged mutinous behavior he was imprisoned and again sentenced to

banishment. His enemies say that he was also whipped,[23] but the

Portsmouth records, which are explicit in reciting the charges and the

other penalties, make no mention of this infliction. There is evidence,

also, that he had many friends and sympathizers in the settlement. One

of these, John Wickes, for refusing to testify and denying the legality

and jurisdiction of the court, was placed in the stocks, and with four

others was banished and disfranchised.[24]

The little circle of congenial and independent souls was growing under

persecution. From Portsmouth they pressed on to Providence, and though

apparently seeking to avoid rather than to encourage controversy, they

soon became involved in disputes which had already divided that

settlement into two parties.[25] I shall not enter into the merits of

this controversy, which involved civil and not religious questions. As

in Portsmouth, Gorton denied the legality of the self-constituted town

government, and held that justice could not be maintained until the law

was administered under authority delegated by the Mother Country. He was

as anxious as any for liberty, but he would have liberty protected by

law. As an Englishman, dwelling in a community of Englishmen, he claimed

the protection of those principles of law and equity, which, since Magna

Charta, had been thrown around all British citizens. For a time his

vigorous maintenance of this doctrine brought him in conflict even with

Roger Williams, who, Winthrop says, accused Gorton of “bewitching and

bemadding poor Providence” with his new and radical opinions.[26]

Gorton and his friends purchased land and commenced a settlement at

Popaquinepaug, or Pawtuxet, within the jurisdiction of Providence; but

certain of his enemies who owned adjoining property determined to

prevent his peaceful occupancy. William Arnold and a few others, to

insure his expulsion, gave in their allegiance to Massachusetts, and

called on the government of that Colony to remove the intruders. This,

however, is by no means to be regarded as an official action of the town

of Providence, or as in accordance with the desires of a majority of her

citizens. It is probable, in fact, that a majority were sympathizers

with Gorton.[27] Nevertheless, not from mere pusillanimity, but out of a

desire for peace, and a disinclination to embroil Providence with her

more powerful neighbor, the Gortonists moved on, beyond the jurisdiction

either of Providence Plantations or of Massachusetts. Gorton purchased

of Miantonomi, head sachem of the Narragansetts, and of Pomham and

Soccononocco, under-sachems claiming local jurisdiction, a tract of land

south of Pawtuxet and west of Narragansett Bay, then known by the Indian

name of Shawomet.[28]

IV

TROUBLOUS TIMES AT SHAWOMET

Not yet, however, were the harassed Gortonists to be secure in their

possessions. Pomham and Soccononocco were induced by the enemies of

Gorton to repudiate their signatures to the deed of Miantonomi. They

made their submission to the government of Massachusetts and begged its

aid to expel the Gortonists from Shawomet.[29] There are some reasons to

believe that this action was not altogether disconnected from a possibly

more remunerative offer made them by the Atherton Company, an

organization which had been formed by the astute Commissioners of the

New England Confederation, for the purchase and sale of Indian

lands.[30]

Gorton and his companions were summoned to Boston to make answer to

Pomham’s claim.[31] Denying the jurisdiction of Massachusetts, in a

spicy correspondence, Gorton refused to obey the summons. Increase

Nowell, Secretary of the Colony, and the Boston Elders, discovered no

less than twenty-six instances of blasphemy, “or thereabouts,” in the

terms of Gorton’s epistle. The Gortonists were warned that if they

continued contumacious they would be regarded as “fitted for the

slaughter,”[32] and would be peremptorily dealt with by force of arms. A

company of twenty white men and an equal number of Indians, under the

command of Captain Cook, was dispatched to seize them and bring them to

Boston for trial. On their approach, the Gortonists sent their women and

children across the bay, retired to their block-house on Conimicut

Point, and awaited the invading force of the enemy. A company of

peace-makers from Providence[33] demanded a parley, and proposed the

arbitration of the matters in dispute, to prevent the shedding of blood.

The Gortonists appealed to the King and were willing to arbitrate, but

the proposition was sternly rejected by Gov. Winthrop. “You may do well

to take notice,” he said, “that besides the title to land between the

English and the Indians there, there are twelve of the English that have

subscribed their names to horrible and detestable blasphemies, who are

rather to be judged as blasphemous than they should delude us by winning

time under pretence of arbitration.”

The Gortonists stood siege for a day and a night,[34] and repelled the

attempt of the men of Massachusetts and their savage allies to set fire

to the block-house; then, to save bloodshed, under promise that they

would be treated as neighbors, and that their claims would be submitted

to fair judgment in Massachusetts, they surrendered to superior force,

and were taken to Boston for trial.[35] They speedily found, however,

that they were regarded as prisoners and not as “friends and neighbors”

seeking a just and amicable settlement of civil disagreements. The

soldiers, Gorton says, were ordered to knock down any one who should

utter a word of insolence, and to run any one through who might step

aside from the line of advance. When they arrived in Boston, “the

chaplain (of their captors) went to prayers in the open streets, that

the people might take notice that what they had done was done in a holy

manner, and in the name of the Lord.”[36]

There was no pretence of a judicial consideration of their rights as

settlers at Shawomet. They were regarded as criminal offenders, and were

examined and convicted on the charge of blasphemy. Gorton was placed on

trial for his life before the General Court and Convocation of Elders.

Four queries, referring to statements in his vigorous rejoinder to the

summons of the Massachusetts authorities, were propounded, and upon his

replies the decision of the Court was to be rendered:[37]

“1. Whether the Fathers, who died before Christ was born of the Virgin

Mary, were justified and saved only by the blood which hee shed, and the

death which hee suffered after his incarnation?

“2. Whether the only price of our redemption were not the death of

Christ on the cross, with the rest of his sufferings and obediences, in

the time of his life here, after hee was born of the Virgin Mary?

“3. Who was the God whom hee thinks wee serve?

“4. What hee means when hee saith, wee worship the starre of our God

Remphan, Chion, Moloch?”

The latter question may well have piqued the curiosity of the elders.

The others were evidently framed to secure conviction. His replies were

as wise and conciliatory as perfect sincerity would admit, but it was

foreordained that they should be unsatisfactory to his judges. All but

three of the elders voted for the penalty of death. The representatives

of the people, however, to the honor of Massachusetts, refused to assent

to this verdict[38]. Gorton suffered imprisonment in Charlestown, with a

ball and chain attached to his ankle; the other accused persons were

incarcerated in irons in other towns of the Colony. The next General

Court, some months later, set them at liberty,[39] but banished them

from all places within the jurisdiction of Massachusetts—the intention

being to include the disputed territory at Shawomet, which Massachusetts

claimed under the deed of Pomham.

As they went forth from their prison houses, the Gortonists recited

their wrongs in the public streets in Boston and elsewhere to crowds of

willing listeners and ready sympathizers. Palfrey admits that a majority

of the people in Massachusetts were to be counted in this category.[40]

The sufferings of these martyrs were the seeds of a new Commonwealth,

from which the persecuting spirit was at last eliminated. The Indians,

also, even in the vicinity of Boston, received them gladly. Cutshamekin,

the chief sachem of the neighborhood, to whose wigwam the liberated men

accidentally strayed, when asked by Gorton whether Capt. Cook, the

commander of their captors, was a good captain, replied, “I can not

tell; but the Indians regard those as good captains when a few stand out

against many.”

Their chief grievance during imprisonment seems to have been that they

were compelled to attend the Sunday services in the churches, and be

“preached at” by the Puritan ministers. “They brought us forth unto

their congregations to hear their ministers,” says Gorton, with a grim

humor, illuminated by some knowledge of natural history, “which was meat

to be digested, but only by the hearte or stomacke of an ostrich.”[41]

Pastor Ward, of Ipswich, who visited one of them—Richard Carder, an old

neighbor of his in England—while in prison, and urged him to recant his

heresies, said by way of encouragement, “it shall be no disparagement to

you, for here is our revered elder, Mr. Cotton, who ordinarily preacheth

that publickely one yeare, that the next yeare hee publickely repents

of, and shows him selfe to bee very sorrowful to the congregation.”[42]

As his sly dig at Mr. Cotton would indicate, Pastor Ward was entirely

sound in his own theology. This appears also in his “Simple Cobbler of

Agawam,” where, with a spicy use of capitals, and vigorous if not

elegant English, he denounces the brains of those who advocate “Libertie

of Conscience in matters of Religion,” as “parboiled in impious

ignorance.”

V

SHAWOMET BECOMES WARWICK

After his release, in the spring of 1643-44, Gorton returned through

Shawomet, where he was forbidden to linger, to Portsmouth, where he and

his friends were received with open arms, and where he was shortly

elected to a magistracy on the very scene of his former persecutions.

Thus far the Atherton Company appeared to have made substantial progress

in its efforts to obtain possession of the Shawomet lands, and

Massachusetts seemed likely to succeed in throwing a girdle of

unfriendly possessions around the Providence Plantations, thereby

separating them from the Aquidneck settlements, and securing a permanent

control over Narragansett Bay. By the submission of Arnold and the

malcontents of Providence, they had obtained a show of authority over

the Pawtuxet or Popaquinepaug territory. Winthrop had secured possession

of Prudence Island in Narragansett Bay by purchasing the half originally

owned by Roger Williams,[43] and now with a marvellous inconsistency,

held the whole by a title derived solely from Miantonomi, the chief

sachem of the Narragansetts. If he could maintain his denial of the

rights of Gorton to the Shawomet lands claimed by even a stronger title,

he would succeed in his efforts to divide the Narragansett settlements

and establish the claims of Massachusetts. With this end in view, the

Massachusetts authorities built a block-house for Pomham on Warwick

Neck, and temporarily succeeded in excluding the Gortonists from their

Shawomet possessions.

Gorton, however, was not idle. He had no thought of permanently

relinquishing the claim for which he had contended so bravely, and to

which he was justly entitled. Within forty days of his release from

prison, by a masterly piece of strategy and statesmanship, he

inaugurated measures which completely check-mated his opponents, and

gave him a permanent advantage in the contest for supremacy. On the 19th

of April, 1644, by the earnest advice and solicitation of Gorton, the

Narragansett Indians, in solemn conclave, constituted their “trusty and

well-beloved friends,” Samuell Gorton, John Wickes, Randall Holden and

John Warner, commissioners to convey their submission to the British

Government. The deed of submission, signed by the sachems Pessicus,

Conanicus, Mixan, Awoshosse and Tomanick, is preserved in the Historical

Cabinet at Providence. The tragical death of the head sachem,

Miantonomi, in the previous September, at the hands of his bitter

enemies, the Mohegans, with the consent of the Boston elders—a story so

well told by Dr. Fiske in his “Beginnings of New England” that I need

not repeat it here,—as well as the revolt of Pomham and Soccononocco,

were powerful arguments with the Narragansetts in favor of seeking the

protection of the British Government; while the return of Gorton and his

companions, unscathed, from the prisons of Massachusetts, convinced the

Narragansetts that the power of the Mother Country was on their side,

and had stood between them and their oppressors.

In August, 1645, the Commissioners of the United Colonies, in session in

Boston, declared war against the Narragansetts, and dispatched a

military force to Rhode Island; at the same time warning the General

Assembly of Providence Plantations, then in session at Newport, that if

they adhered to their declared determination of maintaining a position

of neutrality they would be regarded as enemies. They also forbade them

to exercise the powers of government under the charter obtained by Roger

Williams.

In response to this threatening action of “the Massachusetts,” Gorton,

Greene and Holden set sail, after vexatious delays, under authority of

Providence Plantations, from the Dutch settlement at Manhattan for

Holland, whence, after more delay, they obtained transportation to

England. The exact time of their arrival at London is unknown, but they

had been preceded by the agents of Massachusetts, and were compelled to

meet the charges already formulated by their enemies. Their answer,

prepared by Gorton in “Simplicities Defence,” was published in London on

the 3d of August, 1646. Soon after,[44] a patent was issued to Gorton

and his colleagues which granted the Shawomet lands to them and their

successors forever, and guaranteed them protection against all other

claimants. In the troublous times between the King and Parliament the

formal submission of the Narragansetts which Gorton had conveyed to

England, could not be delivered to King Charles in person, and Gorton

accordingly caused it to be published in London. By this admirable piece

of strategy and statesmanship he forever blocked the movements of

Massachusetts Bay for the control of the Narragansett country. Gorton

received safe-conduct from the Earl of Warwick, on his return, through

the domains of the enemy.[45]

Roger Williams, who had finally accepted Gorton’s theory of the true

foundations of the new government, had preceded him to England, and on

the 14th of March, 1643-44, had obtained a charter for the Colony which

united the northern and southern towns in one Commonwealth. Owing to the

opposition of the Coddington faction, government was not completely

organized under this charter until May, 1647.[46] In the same year, town

government was organized at Shawomet, the Town, in honor of its patron,

receiving the name of Warwick. Some further futile attempts were made by

Massachusetts to enforce her claims, but the Gortonists thereafter

retained possession, which gave them “nine points of the law,” and

finally complete victory. Pomham, for whom Massachusetts had erected a

block-house on Warwick Neck, lingered in the neighborhood a few years,

but at last saw that the “Gortonoges” had triumphed in their long

contest with the “Wattaconoges,”[47] and in 1665 sold out his dishonored

claim for £30 in peage,[48] paid him by Gorton and his associates. The

new Commonwealth was fairly launched upon the sea of History; the town

of Warwick and its founder were to play an honorable part in the story

of its beginnings.

VI

SAMUELL GORTON’S LATER CAREER

During the succeeding quarter of a century Samuell Gorton was active and

influential in shaping the destinies of the growing State. He occupied

the highest places of honor and responsibility at the gift of his

fellow-citizens, and was habitually called into service when sound

judgment, prompt and courageous action, and literary ability were

requisite. He represented Portsmouth in the Assembly at Newport in 1645.

He was chosen one of the Commissioners of the town of Warwick to the

General Assembly on his return from England, and served therein a

greater part of the time for the next two or three decades. He was

placed on the most important committees, and his pen was frequently

called into requisition to prepare State papers, and letters to the

magistrates of other Colonies, and to the representatives of the new

Commonwealth in England. Though absent in the Mother Country during the

first year of Colonial Government under the charter of 1643-44, his

political views were embodied in the remarkable Code of 1647, passed by

the first General Assembly of the United Colony, one of the earliest

compilations of law in American history. In the construction of this

Code, care was taken to avoid the errors of which Gorton had complained,

in the judicial procedure of the other Colonies, by making each section

conform to existing English law,[49] reference to the corresponding

English statute being placed at the end thereof.[50]

The provision respecting witchcraft is especially noteworthy as

indicating a prevailing scepticism in Rhode Island at a time when

Massachusetts was under the spell of the delusion, soon to break forth

in an appalling epidemic of persecution. The object of its introduction

is evidently the set purpose of conforming to English precedents rather

than a conviction of the legislators that the statute was demanded by

any real public necessity. The section reads:

“Witchcraft is forbidden by this present Assembly to be used in this

Colonie; and the Penaltie _imposed by the authoritie that wee are

subjected to, is felonie of death_.—I Jac. 12.”[51] The Code of 1647

also forbade imprisonment for debt, and is otherwise in advance of most

contemporary legislation. The temper of the Colony on the subject of

witchcraft is still further evidenced in the testimony of their

opponents,[52] who complained in an anonymous letter addressed to the

agent of Massachusetts in England a few years later, that the new

government was ignoring the English law. This epistle especially

stigmatized “some of them at Shawomet that cryeth out much against them

that putteth people to death for witches, for they say there be no other

witches upon earth, nor devils, but your own pasters and ministers, such

as they are.”[53] There was apparently never a prosecution in Rhode

Island under the statute against witchcraft.

Samuell Gorton’s literary style is clearly evident in the remarkable

statute against negro slavery, passed by the General Assembly in

1652—the first legislative edict of emancipation ever adopted in

America. This statute was passed during the Coddington secession of

1651-54, and consequently voices officially only the sentiment of

Providence and Warwick. Roger Williams was in England at the time of its

passage, and there can be little doubt that Samuell Gorton was its

author and principal advocate. Though it subsequently became a dead

letter, it was apparently never repealed, and merits perpetuation in the

annals of the anti-slavery conflict. It reads as follows:

“Whereas there is a common course practised amongst English men to buy

negers, to the end that they may have them for service or slaves

forever; for the preventinge of such practices among us, let it bee

ordered, that no blacke mankinde or white, being forced by covenant bond

or otherwise, to serve any man or his assigns longer than ten yeares, or

untill they come to bee twentie four yeares of age if they bee taken in

under fourteen, from the time of their cominge within the liberties of

this Collonie. And at the end or terme of ten yeares to sett them free

as the manner is with the English servants. And that man that will not

let them goe free, or shall sell them away elsewhere to that end that

they may bee enslaved to others for a long time, hee or they shall

forfeit to the Colonie forty pounds.”[54]

Samuell Gorton was elected General Assistant, a position corresponding

with that of Lieutenant Governor, in 1649, and in 1651, during the

Coddington secession, he was chosen to the highest position at the gift

of the Commonwealth—he became its President. During the following year,

he was Moderator or Speaker of the General Assembly, and he several

times subsequently served as General Assistant. He was also active in

the affairs of the Town of Warwick, being for many years a member of the

Town Council, and holding other positions of honor and responsibility.

“After the venerable founder of Providence,” says his biographer,[55]

“no man was more instrumental in establishing the foundations of equal

civil rights and ‘soul liberty’ in Rhode Island than Samuell Gorton.” He

was especially active in assuring the protection of the Colony for the

persecuted Quakers.[56] He sent them messages of sympathy when they were

in prison in Massachusetts, and was authorized by the General Assembly

to reply to the epistles of the Massachusetts authorities protesting

against their finding an asylum in Rhode Island. When Massachusetts

appealed to England, Samuell Gorton was designated to prepare a letter

on behalf of the Rhode Island Government to John Clarke, the

representative of the Colony in the Mother Country, to be presented to

the Lord Protector, Oliver Cromwell. He requests Clarke “to plead our

case in such sorte as wee may not bee compelled to exercise any civill

power over men’s consciences, so long as humane orders in poynt of

civility are not corrupted and voyalated, which our neighbors aboute us

doe frequently practise, whereof many of us have large experience, and

doe judge it to bee no less than a poynt of absolute crueltie.”[57]

On the collapse of the Puritan Commonwealth in England, Samuell Gorton

was appointed on a Committee to select agents of the Colony in England,

and prepare an address to his Majesty, King Charles the Second.[58] As a

result of this action, and of the wise intercession of John Clarke, then

representing the Colony in England, the Charter of 1663 was secured, in

which Samuell Gorton was named as one of the incorporators of the new

Commonwealth. In 1663 he was also appointed by the Town Council

“overseer” of the will of John Smith, Deputy from Warwick, under the

curious provision by which the towns in Rhode Island made wills for

persons dying intestate, dividing their property according to the

communal sense of justice. In 1666, after the purchase of Pomham’s

claim, Mr. Gorton was assigned ten shares in Warwick Neck, and was still

further recognized in another division in the following year.[59] In

1675, during the storm and stress of King Philip’s war, tradition says

that Samuell Gorton’s life was saved by friendly Indians, who rowed him

across the Bay to a place of safety. He was always on amicable terms

with the aborigines, treating them justly, teaching and exhorting in

their settlements, and wisely advising them in various emergencies.

Warwick suffered severely in the contest with King Philip, which would

doubtless have been prevented had the policy of Roger Williams and

Samuell Gorton in dealing with the Indians been generally adopted. The

town was depopulated, the houses and barns were burned, and the cattle

driven into the wilderness. A pitched battle was fought in an open cedar

swamp in Warwick between the Indians under Canonchet and a company of

men from Plymouth.[60] Many of the colonists took refuge on Aquidneck,

the waters around which were patrolled night and day by a flotilla of

four boats, filled with armed men.

Judge Staples tells us that John Wickes, the friend and colleague of

Samuell Gorton, trusting too implicitly to the friendship of the

savages, remained and was slain; his head being set upon a pole as a

warning to others. In this, he must be mistaken, however, since the will

of John Wickes, dated the second day of March, 1688, and signed by

himself, though written and witnessed by Samuell Gorton, the younger,

may be seen to-day in the library of the Historical Society in

Providence. This interesting document also contains the signatures of

two others of the founders, of Warwick,—Randall Holden, the justice

before whom it was proved, and John Greene, who signs in behalf of

himself and the other members of the Town Council.

On the fourth day of June, 1677, probably the year of his death, Samuell

Gorton, Senior, was elected “to the Towne Counsell for the ensuing

yeare,” as the ancient records tell us, and his son, Capt. Samuell

Gorton, was at the same time chosen Town Treasurer. On the 20th of July

the father signed a deed of lands owned by him in the Narragansett

Country to his sons, his six daughters and their husbands also being

remembered in the disposition of this property; and on the 27th of

November of the same year, by another deed, he divided his entire

remaining estate among his three sons, Samuell, John and Benjamin.[61]

To the former, who was evidently a man after his own heart, and who had

aided in supporting the family, he gave his homestead at Old Warwick,

his household furniture, library and most precious literary possessions.

He also committed to him the care of his mother during her widow-hood,

providing that she should be maintained with convenient housing and

necessaries, and that means should be furnished for her “recreation in

case she desires to visit her friends.”[62] His lands at Coweset, beyond

the boundaries of the Shawomet grant, he gave in equal possession,

undivided, to his three sons. The document attesting the final division

of these lands by the surviving sons, Samuell and John, bears date on

the town records, Dec. 4, 1699, being executed, as it says, “according

to the expressed wish of our Ancient and Honored ffather, Mr. Samuell

Gorton, one of the first settlers of this Plantation of Warwick in New

England.” His son Benjamin, then deceased, had been one of the founders

of the new town of East Greenwich, the organization of which dates from

the year of the original bequest.

VII

SAMUELL GORTON’S POLITICAL PHILOSOPHY

The enemies of Samuell Gorton charged that he was a practical

anarchist—a denier of all governmental authority. As the indictment of

the Massachusetts magistrates reads: “Upon much examination & serious

consideration of yo^r writings, & with yo^r answers about them, wee

doe charge yo^u to bee a blasphemous enemy of the true religion of o^r

Lord Jesus Christ and his holy ordinances, & also of all civil authority

among the people of God, perticulerly in this iurisdiction.”[63] To the

impartial student of this history, his entire career offers a sufficient

answer to this accusation. Even Gov. Arnold, his lineal descendant and

strenuous defender in many things, who regarded him as “one of the most

remarkable men who ever lived,”[64] falls into the error of stating that

“he denied the right of a people to self-government.”[65] What Samuell

Gorton really denied was the dogma of “squatter sovereignty,” that false

conception of popular government which holds that a majority of the

actual settlers in any given locality have a right to legislate and

govern as they please, without regard for the claims of the minority,

the law of civilized communities, or the principles of equity and

justice. Had he lived a generation ago he would have stood with Lincoln

and Sumner and Garrison in denouncing this mischievous dogma. His

doctrine was identical with that of the defenders of the Union against

the alleged right of secession. In his own day he held, simply, that no

Englishman expatriated himself by becoming a colonist in the possessions

of the Mother Country; that he did not by emigration to America forfeit

the rights of an Englishman, or the protection guaranteed by the long

line of statutes, decisions and precedents, beginning with Magna Charta,

which had become the heritage of Englishmen everywhere.

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