CHAPTER VIII.

RHODE ISLAND.

§ 94. RHODE ISLAND was originally settled by emigrants from Massachusetts, fleeing thither to escape from religious persecution; and it still boasts of Roger Williams as its founder, and as the early defender of religious freedom and the rights of conscience. One body of them purchased the island, which has given the name to the State, and another the territory of the Providence Plantations from the Indians, and began their settlements in both places nearly at the same period, viz. in 1636 and 1638.1 They entered into separate voluntary associations of government. But finding their associations not sufficient to protect them against the encroachments of Massachusetts, and having no title under any of the royal patents, they sent Roger Williams to England in 1643 to procure a surer foundation both of title and government. He succeeded in obtaining from the Earl of Warwick (in 1643) a charter of incorporation of Providence Plantations; and also, in 1644, a charter from the two houses of parliament (Charles the First being then driven from his capital) for the incorporation of the towns of Providence, New

2

1 1 Hutch. Hist. 72; 1 Holmes's Annals, 225, 233, 246; 1 Chalm. Annnls, 269, 270; 3 Hutch. Coll. 413, 414, 415; Marsh. Colon, ch. 3, p. 99, 100; Robertson's America, B. 10; 2 Doug. Summ. 76, to 90; 1 Pitkin's Hist. 46; 2 Doug. Summ. 76, 77.— Mr. Chalmers says, that Providence was settled in the beginning of 1635; and Dr. Holmes, in 1636. (1 Chalm. Annals, 270; 1 Holmes's Annals, 233.)

21 Hutch. Hist. 39, note; Walsh's Appeal, 429; 1 Pitk. Hist. 46, 47, 48; 2 Doug. Summ. 80.

port, and Portsmouth, for the absolute government of themselves, but according to the laws of England.1

§ 95 Under this charter an assembly was convened in 1647, consisting of the collective freemen of the various plantations. The legislative power was vested in a court of commissioners of six persons, chosen by each of the four towns then in existence. The whole executive power seems to have been vested in a president and four assistants, who were chosen from the freemen, and formed the supreme court for the administration of justice. Every township, forming within itself a corporation, elected a council of six for the management of its peculiar affairs, and for the settlement of the smallest disputes. The council of state of the Commonwealth soon afterwards interfered to suspend their government; but the distractions at home prevented any serious interference by parliament in the administration of their affairs; and they continued to act under their former government until the restoration of Charles the Second. That event seems to have given great satisfaction to these plantations. They immediately proclaimed the king, and sent an agent to England; and in July, 1663, after some opposition, they succeeded in obtaining a charter from the crown.5

§ 96. That charter incorporated the inhabitants by the name of the Governor and Company of the English Colony of Rhode Island and Providence Plantations in New-England in America, conferring on them the

1 1 Chalm. 271, 272; 3 Hutch. Coll. 415, 416.

21 Chalm. Annals, 273; 1 Holmes's Annals, 283; Walsh's Appeal, 429; 2 Doug. Summ. 80.

3 1 Chalm. Annals, 273; 1 Holmes's Annals, 283.

4 1 Chalm. Annals, 274; 1 Holmes's Annals, 297; Marsh. Colon. ch. 133.

5, p.

5 1 Chalm. Annals, 274; 1 Holmes's Annals, 329.

usual powers of corporations. The executive power was lodged in a governor, deputy governor, and ten assistants, chosen by the freemen.1 The supreme legislative authority was vested in a general assembly, consisting of a governor, deputy governor, ten assistants, and deputies from the respective towns, chosen by the freemen, (six for Newport, four for Providence, Portsmouth, and Warwick, and two for other towns,) the governor or deputy and six assistants being always present. The general assembly were authorized to admit freemen, choose officers, make laws and ordinances, so as that they were "not contrary and repugnant unto, but as near as may be agreeable to, the laws of this our realm of England, considering the nature and constitution of the place and people; to create and organize courts; to punish offences according to the course of other corporations in England;" to array the martial force of the colony for the common defence, and enforce martial law; and to exercise other important powers and prerogatives. It further provided for a free fishery on the coasts; and that all the inhabitants and children born there should enjoy all the liberties and immunities of free and natural subjects born within the realm of England. It then granted and confirmed unto them all that part of the king's dominions in New-England containing the Narraganset bay and the countries and parts adjacent, bounded westerly to the middle of Pawcatuck river, and so along the river northward to the head thereof, thence by a strait line due north, until it meet the south line of Massachusetts, extending easterly three English miles to the most eastern and northeastern parts of Narraganset bay, as the

1 2 Haz. Coll. 612 to 623; 2 Doug. Summ. 81

bay extendeth southerly unto the mouth of the river running towards Providence and thence along the easterly side or bank of the said river up to the falls, called Patucket Falls, and thence in a strait line due north till it meets the Massachusetts line.1 The territory was to be holden as of the manor of East Greenwich in free and common soccage. It further secured a free trade with all the other colonies.

§ 97. But the most remarkable circumstance in the charter, and that, which exhibits the strong feeling and spirit of the colony, is the provision respecting religious freedom. The charter, after reciting the petition of the inhabitants, "that it is much in their hearts, (if they be permitted,) to hold forth a lively experiment, that a most flourishing civil state may stand, and be best maintained, and that among our English subjects, with a full liberty in religious concernments, and that true piety, rightly grounded upon gospel principles, will give the best and greatest security to sovereignty," proceeds to to declare: "We being willing to encourage the hopeful undertaking of our said loyal and loving subjects, and to secure them in the free exercise and enjoyment of all their civil and religious rights appertaining to them as our loving subjects, and to preserve to them that liberty in the true Christian faith and worship of God, which they have sought with so much travel, and with peaceful minds and loyal subjection to our royal progenitors and ourselves to enjoy; and because some of the people and inhabitants of the same colony cannot, in their private opinion, conform to the public exercise of

2

1 This is the substance but not the exact words of the boundaries in the charter, which is given at large in 2 Haz. Coll. 612 to 623, and in Rhode Island Laws, editions of 1789 and 1822.

22 Haz. Coll. 613.

religion according to the liturgy, form, and ceremonies of the Church of England, or take or subscribe the oaths and articles made and established in that behalf; and for that the same, by reason of the remote distances of these places, will, as we hope, be no breach of the unity and uniformity established in this nation, have therefore thought fit and do hereby publish, grant, ordain, and declare, that our royal will and pleasure is, that no person within the said colony, at any time hereafter, shall be any wise molested, punished, disquieted, or called in question for any differences in opinion in matters of religion; but, that all and every person and persons may, from time to time and at all time hereafter, freely and fully have and enjoy his and their own judgment and consciences in matters of religious concernment throughout the tract of land hereafter mentioned, they behaving themselves peaceably and quietly, and not using this liberty to licentiousness and profaneness, nor to the civil injury or outward disturbance of others." This is a noble declaration and worthy of any prince, who rules over a free people. It is lamentable to reflect, how little it comports with the domestic persecutions authorized by the same monarch during his profligate reign. It is still more lamentable to reflect, how little a similar spirit of toleration was encouraged either by the precepts or example of any other of the New-England colonies.

1

§ 98. Rhode Island enjoys the honour of having been if not the first, at least one of the earliest of the colonies, and indeed of modern states, in which the liberty of conscience and freedom of worship were boldly proclaimed among its fundamental laws. If at any time.

1 2 Haz. Coll. 613.

2 Walsh's Appeal, 429.