233
CHAPTER XI.
THE IMPENDING REVOLUTION.
The ink with which the Treaty of Paris had been signed had
scarcely
been sanded ere that discord appeared between England and her American
colonies that had been foreseen by French and other, statesmen of the
period.
Joseph Sherwood, Rhode Island's agent in England, under date of August
4, 1763, suggested England's purpose to impose the maintenance of a
standing
army upon the colonies, writing: "It is rumored here, and I believe
upon
good foundation, that the government will expect a number of troops
(some
say 10,000) to be kept on foot and at the sole expense of the American
provinces, for their own preservation and safeguard, in order to
prevent
encroachments and hostilities." The Lords Commissioners of Trade and
Plantations,
in October, complained that the revenue failed to defray a fourth part
of the expense of collecting it, and commanded "suppression of the
clandestine
and prohibited trade with foreign nations." The customs service was
strengthened
by the appointment of new and also additional officers. For these
the General Assembly established a table of fees in October.
Admiral
Colvill, commanding his majesty's fleet, stationed the "Squirrel,"
ship,
in Newport harbor "for the encouragement of fair trade by the
prevention
of smuggling." The General Assembly on January 24, 1764, directed
Governor
Hopkins to send to England, addressed to Sherwood, copies of a
remonstrance
(See Chapter X) against renewal of the sugar act, which had expired by
limitation at the end of thirty years. The remonstrance, drafted
by Governor Hopkins, reviewed the economic situation of the colony, and
undertook to prove that a free trade in sugar would be advantageous to
Rhode Island by maintaining a profitable trade, and to England as a
prosperous
Rhode Island would become a better market for English goods, and if
harmful
to anybody, harmful only to the French, by reason of losing the brandy
trade in Africa. Parliament revived the sugar act, but reduced
the
duty from sixpence to threepence. Imposts on other articles,
including
coffee, wines, and spice, were ordered. Export of iron and lumber
except to England was forbidden.
The legislation of 1764 included also an announcement of the
stamp
act,
which required the placing of a revenue stamp upon every piece of
vellum,
parchment and paper used for commercial and legal purposes, including
court
processes; upon playing cards, dice, newspapers, pamphlets,
advertisements,
almanacs, calendars, apprenticeship agreements, and documents in any
language
other than English. The preamble declared the purpose of the
stamp
act to be "the raising of a revenue for defraying the expenses of
defending,
protecting and securing his majesty's dominions in America." The stamp
act was not to be put into effect immediately; an opportunity was to be
given for Americans to choose another form of taxation. The form
of taxation was of much less importance to them than the fact of
taxation.
Stamp taxes have become familiar in America as devices for raising
revenue.
America in 1764 was opposed to any taxation by England, and the stamp
act
immediately aroused a storm of protest in America. America
interpreted
the tax policy as a device for transferring to America part of the
burden
of an English national debt that had been accumulated principally
through
European wars. The spoils of conquest, the territory acquired
from
France and Spain under the Treaty of Paris, alone should compensate
England
for war expenditures in America. The Earl of Halifax, in August 1764,
requested
the Governor to transmit without delay "a list of all instruments made
use of in public transactions, law proceedings, grants, conveyances,
securities
of land or money within your government."
234
The General Assembly, in July, appointed Governor Hopkins, Daniel
Jencks
and Nicholas Brown a "committee of correspondence" to "confer and
consult
with any committee or committees that are or shall be appointed by any
of the British colonies upon the continent of North America, and to
agree
with them upon such measures as shall appear to them necessary and
proper
to procure a repeal of the . . . sugar act . . . and also the act
. . . for levying several duties in the colony, or in procuring the
duties
in the last mentioned act to be lessened; also to prevent the levying a
stamp duty upon the North American colonies and, generally, for the
prevention
of all such taxes, duties or impositions that may be proposed to be
assessed
upon the colonists which may be inconsistent with their rights and
privileges
as British subjects." In October, Governor Hopkins, Nicholas
Tillinghast,
Joseph Lippitt, Joshua Babcock, Daniel Jencks, John Cole and Nicholas
Brown
were appointed a committee "to prepare an address to his majesty for a
redress of our grievances in respect to the duties, impositions, etc.,
already laid and proposed to be laid on this colony." Rumor that a
petition
had been sent to England praying "his majesty to vacate the Charter of
this colony," resulted in a resolution that the colony agent in London
be instructed "to use his utmost effort to prevent the evil intended by
the said petitioners; and also, as soon as possible, to transmit a copy
of the said petition, with the names of the subscribers, to the
Governor
and Company of this colony." The agent reported later that the
petition,
if sent to England, had not been presented.
"RIGHTS OF COLONIES EXAMINED"--Governor Hopkins in a
message
to the Assembly at the opening of the November session, said: "The
burdens
put on the trade of the northern colonies by a late act of Parliament
are
already severely felt; the stamp duties intended to be laid upon them
will
he a still heavier burden; and the plan formed by the British ministry
to raise as much money in America as hath been expended for its
defense,
must complete our ruin. To all this let me add the information I
have received that a petition is already sent to England by a
considerable
number of the inhabitants of this colony, full of complaints against
it,
praying that our Charter may be taken away and a new form of government
introduced. These are certainly matters of the utmost importance
to your constituents; and as such will, I hope, be seriously considered
by you; every remedy that is possible properly applied and, should
slavery
become the portion of the unhappy people, let no part of their
misfortune
be chargeable on any neglect, or inattention of their representatives."
Governor Hopkins in his final plea, beginning "should slavery become
the
portion of the unhappy people," had struck once more the note sounded
by
Governor Cranston in the address in which he was accused by Bellemont
of
insinuating that his majesty's government was "little better than
bondage
and slavery." The General Assembly adopted the address to his majesty
prepared
by its committee, and also requested Governor Hopkins "to correct the
piece
lying before this Assembly entitled 'The Rights of Colonies Examined,"'
and directed a committee "to view the said performance after it shall
be
completed" and "if they shall approve the same," to send two fair
copies
to the colony agent "to be by him but in print, and to make use of the
same in conjunction with the other agents, as they shall think will be
most for the advantage of the colonies." The address to the King,
written
by Governor Hopkins and his associates, was dignified and respectful,
but
lacked altogether the fawning attitude assumed in communications to his
majesty earlier than 1750. It asserted a contract as the basis for the
relations between the colonists and the King, thus: "Before their
departure,
the terms they removed upon, and the relation they should stand in to
the
mother country, in their emigrant state, were settled. They were
to remain subject to the King, and dependent on the kingdom of England;
in return, they were to receive protection, and enjoy all the
privileges
of freeborn Englishmen." The address complained to the King that "the
restraints
and burdens laid on the trade of these colonies by a late act of
Parliament
are such, as if continued, must ruin it," and instanced the sugar act
as
a measure that would destroy utterly the most important commerce of
Rhode
Island.
235
Furthermore, "the extensive powers given by the same act to the courts
of vice-admiralty in America have a tendency in a great measure to
deprive
the colonies of that darling privilege, trials by juries, the
unalienable
birthright of every Englishman." The stamp act was characterized as
tending
"to deprive us of our just and long enjoyed rights. We have
hitherto
possessed, as we thought, according to right, equal freedom with your
majesty's
subjects in Britain, whose essential privilege it is to be governed
only
by laws to which themselves have some way consented and not to be
compelled
to part with their property but as it is called for by authority of
such
laws." The address predicted that the withdrawal of money by taxation
would
"totally deprive" the people "of the means of paying their debts to,
and
continuing their trade with Great Britain, and leave the people here
poor
and miserable." "Our ancestors," the address continued, "being loyal
and
dutiful subjects, removed and planted here under a royal promise, that,
observing and fulfilling the conditions enjoined them, they and their
children
after them forever, should hold and enjoy equal rights, privileges and
immunities with their fellow subjects in Britain. These
conditions
have been faithfully kept by this colony. We do, therefore, most
humbly beseech your majesty that our freedom and all our just rights
may
be continued to us inviolate." The final prediction, "whatever may be
determined
concerning them, the Governor and Company of Rhode Island will ever
unalterably
remain your majesty's most loyal, most dutiful and most obedient
subjects"
was destined not to be fulfilled literally. Twelve years later,
Stephen
Hopkins and his associates were as staunch and daring rebels, as they
had
been "dutiful and most obedient subjects" in 1764. The address
was
significant, however, because it stated concisely exactly the issues
involved
in the Revolution, restated in the Rhode Island Declaration of
Independence
of May 4, 1776, and the American Declaration of Independence of July 4,
1776, that is to say, a relation between colony and King resting upon
contract,
and a violation of the contract by the King and his ministers.
"The Rights of Colonies Examined" was a finely reasoned
exposition
of
the situation confronting the colonies and the government of England,
the
appeal of a free and liberty-loving people against the curtailment of
their
liberties and the inauguration of a tyranny. The theme was epic
and
the treatment was masterful; the logic was reinforced by citation of
historic
episodes. "Liberty is the greatest blessing that men enjoy, and
slavery
the heaviest curse that human nature is capable of'"--this opening
sentence
struck the key note.
The British constitution, "the best that ever existed among
men,
will
be confessed by all to be founded on compact, and established by
consent
of the people. By this most beneficial compact British subjects
are
to be governed only agreeably to laws to which themselves have some way
consented; and are not to be compelled to part with their property but
as it is called for by the authority of such laws. The former is
truly liberty; the latter is truly to be possessed of property, and to
have something that may be called one's own. On the contrary,
those
who are governed at the will of another, or of others, and whose
property
may be taken from them by taxes, or otherwise, without their consent.
and
against their will, are in the miserable condition of slaves." Passing
immediately to a consideration of the question, "whether the British
American
colonies on the continent are justly entitled to like privileges and
freedom
as their fellow subjects in Great Britain," Hopkins cited, first, the
emigration
from England under charters granted by King Charles I as establishing
these
privileges and freedom by contract; secondly, abundantly from the
history
of colonies, Greek, Roman, French and Spanish, to prove that colonials
universally had "equal liberty and freedom with their fellow subjects"
in the mother country; thirdly, the British practice theretofore of
treating
the "colonies as possessed of these rights" and "as their dependent,
though
free, condition required." After 150 Years "the scene seems to be
unhappily
changing. The British ministry, whether induced by a jealousy of
the colonies, by false information, or by some alteration in the system
of political government, we have no information; whatever hath been the
motive, this we are sure of, the Parliament in their last session,
passed
an act limiting, restricting and burdening the trade of these colonies
much more than had ever been done before; as also for greatly enlarging
the power and jurisdiction of the courts of admiralty in the colonies;
and also a resolution that it might be necessary to establish stamp
duties,
and other internal taxes, to be collected with them."
236
Hopkins conceded that "there are many things of a more general nature,
quite out of reach of" the colonial "legislatures, which it is
necessary
should be regulated, ordered and governed. One of this kind is
the
commerce of the whole British empire, taken collectively'and that of
each
kingdom and colony in it, as it makes a part of the whole, and that
"the
Parliament of Great Britain, that grand and august legislative body,
must,
from the nature of their authority, and the necessity of the thing, be
justly vested with this power." He waived the question of colonial
representation
in Parliament, as possibly not "consistent with their distant and
dependent
state" or not "to their advantage," and asserted that the colonies
"ought
in justice, and for the very evident good of the whole commonwealth, to
have notice of every new measure about to be pursued, and new act that
is about to be passed, by which their rights, liberties or interests
will
be affected; they ought to have such notice, that they may appear and
be
heard by their agents, by counsel, or written representation, or by
some
other equitable and efficient way. . . . Had the colonies been fully
heard
before the late act had been passed, no reasonable man can suppose it
ever
would have passed at all; for what good reason can possibly be given
for
making a law to cramp the trade and ruin the interests of many of the
colonies,
and at the same time, lessen in a prodigious manner the consumption of
the British manufactures in them?" Hopkins then undertook to prove that
the enforcement of the sugar act would destroy Rhode Island's most
profitable
commerce and industry; that the restriction of export of lumber to
England
only would destroy the profit of exporting flaxseed to Ireland; that
the
new jurisdiction conferred upon admiralty courts could be applied in
such
manner as to destroy shipping practically by confiscation, which might
follow proof of "only probable cause"; and that the stamp act
inaugurated
a system of "internal taxation" that violated first principles.
Rebutting
the assumption that members of Parliament as "men of the highest
character
for their wisdom, justice and integrity" could not "be supposed to deal
hardly, unjustly or unequally by any," Hopkins replied that "one who is
bound to obey the will of another is as really a slave though he may
have
a good master as if he had a bad one, and that the pressure upon
members
of Parliament, who "must obtain the votes of the people," would induce
them to make a virtue of transferring so much of the burden of taxation
as possible from England to America. He then asserted that "the
richest
and surest treasure of the prince was the love of his subjects." "We
are
not insensible," he wrote, "that when liberty is in danger, the liberty
of complaining is dangerous. . . .. Is the defence of liberty become so
contemptible and pleading for just rights so dangerous?" Hopkins
reached
up to the essential issue in the question, "And can it possibly be
shown
that the people in Britain have a sovereign authority over their fellow
subjects in America?" The answer to this question was then and is now
that
the British Parliament had no more right to enact as law a statute that
would operate in Rhode Island than the Rhode Island General Assembly
had
to enact as law a statute that would operate in England. On this
principle of independence within the empire rests the organization of
the
British dominions in the present century, including as it does colonial
republics bound to the mother country by ties of amity and comity
resting
upon mutual recognition right. Canada is rightly called
"daughter"
in the imperial household but "mistress" at home. Hopkins reached
the correct answer: "In an imperial state, which consists of many
separate
governments, each of which hath peculiar privileges," wrote Hopkins,
"and
of which kind it is evident the empire of Great Britain is; no single
part,
though greater than any other part, is by that superiority entitled to
make laws for, or to tax such lesser part, but all laws, and all
taxations,
which bind the whole, must be made by the whole . . . . indeed, it must
be absurd to suppose that the common people of Great Britain have a
sovereign
and absolute authority over their fellow subjects in America, or even
any
sort of power whatsoever over them; but it will be still more absurd to
suppose they can give a power to their representatives which they have
not themselves.
237
If the House of Commons do not receive this authority from their
constituents,
it will be difficult to tell by what means they obtained it, except it
be vested in them by mere superiority and power." Hopkins then rebutted
the assumption that England had engaged in any war solely to defend her
American colonies, citing failure to defend them, the return of
Louisburg
to the French after its reduction by the colonials, and the pressure on
the colonies to make war in America to sustain England's wars in
Europe.
He asserted that the colonies "at all times when called upon by the
crown
raised money for the public service " and did it "cheerfully as the
Parliament
have done on like occasions"; and that the colonies would be drained of
money by the new system of taxation and thus ruined. The American
colonists "have as little inclination as they have ability to throw off
dependency; have carefully avoided every offensive measure and every
interdicted
manufacture; have risked their lives as they have been ordered, and
furnished
their money as it has been called for; have never been troublesome or
expensive
to the mother country; have kept due order and supported a regular
government;
have maintained peace and practiced Christianity; and in all
conditions,
and in every relation, have demeaned themselves as loyal, as dutiful,
and
as faithful subjects ought; and that no kingdom or state hath, or ever
had, colonies more quiet, more obedient, or more profitable, than these
have been." Only "a long train of abuses and usurpations," of which the
legislation of 1763-1764 was the beginning, could drive such a people
to
rebellion. "The Rights of Colonies Examined" was exactly the
logical
exposition of a thesis that would appeal to thoughtful men.
AFFAIR OF THE "ST. JOHN" AND THE "SQUIRREL"--Meanwhile
stirring
events had been taking place in Narragansett Bay. Early in June,
1764, Admiral Colvill sent four armed vessels "to spread themselves in
the principal harbors between Casco Bay and Cape Henlopen, in order to
raise men." Lieutenant Hill, commanding the "St. John," schooner,
reported
"very little success, the merchants having, to all appearances, entered
into a combination to distress us, as far as they are able, and by
threats
and promises, to prevent seamen from entering for those vessels."
Lieutenant
Hill reported also "the behavior of the people of Rhode Island . . . .
extremely insolent and unprecedented." From the Lieutenant's narrative
it appeared that while the "St. John" was lying at anchor at
Newport
on June 30, news was received that a brig was unloading in a creek near
Howland's Ferry. The vessel had unloaded her cargo and sailed
before
Lieutenant Hill reached Howland's Ferry. The cargo consisted of
ninety-three
hogsheads of sugar. Lieutenant Hill sent an armed boat in pursuit
of the brig, which was captured and proved to be the "Basto" of New
York,
Wingate, master, from Monti Christo. The Lieutenant loaded the
sugar,
which he had seized, on board the brig; thereupon the owner of the
vessel,
fearing that the latter might be taken to Halifax for trial in the
admiralty
court, had Lieutenant Hill arrested and compelled him to give bail to
take
the "Basto" into Newport for trial there. On July 4 the Newport
collector
of customs seized the brig and cargo again, alleging that the first
seizure
had been irregular because Lieutenant Hill had not qualified by taking
the oath of office. Lieutenant Hill was in Boston on July 9, when
further events occurred, of which a relation by British officers is the
only report that has been preserved.
As to the causes for the commotion in Newport in July there
was
disagreement.
The "St. John" was on a mission to raise seamen, and probably was
resorting
to impressment, which was a practice approved by the British navy at
the
time, and one of the issues involved later in the War of 1812.
238
That, besides the episode of interfering with the brig "Basto," would
make the vessel unpopular in Newport. One British officer
reported
that trouble started when a British boat crew attempted to arrest
Thomas
Moss, alleged to have been a deserter (Desertion was the charge usually
made the pretext for impressment.); another officer reported that the
Newporters
had demanded surrender of three of the crew of the "St. John," who were
accused of stealing. With that exception the narratives were
essentially
similar and corroborative.
"On Monday, the 9th of July, 1764, at two o'clock in the
afternoon,
sent the boat, manned and armed, on shore to bring off Thomas Moss, a
deserter,
who had left the vessel some days before, and was then on the wharf; a
large mob assembled and rescued him; and seeing our people in great
danger,
we fired a swivel, unshotted, as signal for the boat to come on board.
The mob took Mr. Doyle, the officer of the boat, prisoner, and wounded
most of the boat's crew with stones, which fell as thick as hail round
and in the boat; and they threatened to sacrifice Mr. Doyle if the
pilot
was not immediately sent on shore and delivered up to their mercy; they
even threatened to haul the schooner on shore and burn her. At
five
we sent the boat on board the 'Squirrel' to acquaint the commanding
officer
of our situation. In the meantime the mob filled a sloop full of
men, and bore right down on board us; but, seeing us determined to
defend
the vessel, they thought proper to sheer off and. go on shore
again.
At six the boat returned from the 'Squirrel' with orders to get under
way
and anchor close under her stern. The mob growing more and more
tumultuous
we fired a swivel and made a signal to the 'Squirrel' for assistance,
and
got under sail. As soon as the mob saw our design they sent a
sloop
and two or three boats full of men to the battery on Goat Island, and
began
to fire on us, notwithstanding the Lieutenant of the 'Squirrel' went on
shore and forbade the gunner to do any such thing. They even
knocked
him down, and it was with much difficulty that he got from them; they
fired
eight shot at us, one of which went through our mainsail whilst we were
turning out. At eight we anchored in ten fathom of water within
half
a cable's length of the 'Squirrel,' and received one shot more from the
battery, which went close under the 'Squirrel's' stern. They
threatened
to sink us if we did not immediately weigh and run into the harbor
again;
but on the 'Squirrel's' getting a spring upon its cable and bringing
her
broadside to bear upon the battery, they left off. At eleven next
morning they set Mr. Doyle at liberty."
An officer on the "Squirrel" reported that soon after the
scuffle at
the landing place "several gentlemen came on board and said they came
to
represent the occasion of the disturbance, lest the officer of the
schooner
should have made a misrepresentation of the affair. They said
there
was a theft committed by three of the schooner's people; that a peace
officer
went off, and they had refused him admittance; and they now imagined he
would return with an armed force, to gain admittance. I told the
gentlemen the offenders should be sent on shore. The signal was
then
made by the schooner pursuant to my former directions. I
immediately
sent a boat and a petty officer to order her out of the harbor; on
which
the gentlemen told me they would fire on her from the fort. I
then
told the officer if they fired from the fort, to go on shore to the
fort,
and let them know it was my orders for her to move and anchor near us;
and that the men should be delivered to justice; and if he fired again,
I should be obliged to return it. They still continued their
fire.
I then ordered a spring in our cable, and went ashore to the fort to
let
them know the consequences of their behavior. I found no other
officer
than the gunner, governed by a tumultuous mob, who said they had orders
to fire, and they would fire. They used me with great insolence,
and knocked me down, and would have detained me. I then returned
to the boat, ordered the ship to prepare for action, and proceeded on
board
the schooner, and brought her to anchor near the ship; they then ceased
firing. I then went on shore to demand justice of the Deputy
Governor
for the treatment I had received at the fort.
239
He replied I must pursue the law. I told him I would redress
myself, if they were to be found, as he seemed not active to do me
justice.
I then returned to take the people off who had insulted me, but could
not
find them."
Captain Smith of the "Squirrel" reported that the gunner at
the fort
"produced an order for stopping the vessel signed by two of the
council,
the Deputy Governor being absent at that time. I, in company with my
Lieutenant,
waited on the Governor and council to demand a proper acknowledgment
for
the insult they had committed. . . . I found them a set of very
ignorant
council. They agreed that the gunner had acted by authority, and
that they would answer for it when they thought it necessary. It
appears to me that they were guided by the mob, whose intentions were
to
murder the pilot and destroy the vessel. I am very sorry they
ceased
firing before we had convinced them of their error. But I hope it
will . . . be the means of a change of government in this
licentious
republic."
However exaggerated, possibly, the narratives were, there was
no
doubt
that the King's colors had been fired upon, and that British naval
officers
were not popular in Newport. Admiral Colvill reported the matter to
England,
and the English government issued an order to the Governor and Company
of Rhode Island to return "with all possible dispatch an exact and
punctual
account of the whole proceeding, authenticated in the best manner the
case
will admit of; together with the names and descriptions of the
offenders,
and what means were used at the time of the tumult by the government
and
magistracy of that colony for the suppression thereof, and the
protection
of his majesty's vessels and their crews; particularly whether anything
and what was done by the government of said colony when the populace
possessed
themselves of the battery upon Goat Island; and what measures had been
since taken to discover and bring to justice the offenders." Governor
Ward
had succeeded Governor Hopkins by the time, June, 1765, the inquiry
reached
America. He replied that "as I was out of the administration last
year and was out of town when the affair happened, it will require more
time for me to acquaint myself with and prepare a statement of the case
properly authenticated than if I had been present at the time of the
transaction."
He promised to lay the letter from England before the General Assembly
at the September session, 1765, and did. There were changes of
officers
in England also, and the affair of the "St. John" and the "Squirrel"
was
lost sight of in a series of events of greater immediate significance
in
England and America, also. The General Assembly's resolution in
September,
1765, that the Governor "issue a proclamation for apprehending the
rioters,
and commanding all persons to apprehend and bring them to justice, and
to prevent any such riots for the future," referred to other
disturbances
as well as the firing on H. M. S. "St. John."
THE "MAIDSTONE" AFFAIR--H.M.S. "Maidstone" replaced the
"Squirrel"
in Rhode Island waters in 1765, combining enforcement of the revenue
laws
with impressment of seamen. For both purposes all vessels, even
fishing
smacks and small sloops carrying firewood to the town of Newport, were
visited and searched. Impressment excepted for a time only
Newporters,
lest too great offence be given to the latter, on whom the "Maidstone"
was dependent somewhat for supplies of food and water.
Interference
with vessels and impressment of seamen soon had the effect of banishing
all shipping, save incoming vessels from foreign voyages, from
Newport.
Fishing and wood carrying stopped, and Newport was effectually cut off
from supplies. Vessels were tied up at the wharves without
cargoes,
and hundreds of sailors loitered in the streets for want of
employment.
On June 4, 1765, the King's birthday, the "Maidstone" sent a boarding
party
to a vessel arriving from Africa, and impressed the entire crew,
including
several inhabitants of Newport. This aroused the people. At
nine in the evening of June 4, a boat from the "Maidstone," landing at
one of the Newport wharves, was seized by a crowd, estimated as
including
500 sailors and boys, dragged up Queen Street at a speed so great that
the iron keel left a trail of sparks, carried to the Common and
publicly
burned.
240
Governor Ward sent the sheriff of Newport County on board the
"Maidstone"
to demand release "of several inhabitants of this colony, largely
impressed
and detained on board said ship contrary to law." On June 11, Governor
Ward repeated his demand "that all the inhabitants of this colony who
have
been forcibly taken and detained . . . . be forthwith dismissed." His
letter
to Captain Antrobus under date of July 12 summarized the situation
thus:
The men whose discharge I requested were detained several
weeks;
many
others, in the meantime impressed; the very fishing boats which daily
supplied
the town were fired at, and interrupted so much in their fishing that
some
of them dared not go out of the harbor; and the town, if these measures
had been continued, would soon have greatly suffered; nay, to such an
extravagant
height of imprudence and insolence had your people arrived as to enter
on board a wood boat (upon the King's birthday, the very day upon which
you affect to lay so great stress), having only two men in her, and to
take one of them out, and even to follow the vessel to the wharf. This
encouraged the populace, and was the immediate occasion of the riot,
which
ended in burning the Maidstone boat. These things gave a general
uneasiness to the inhabitants, who not only saw the great disadvantage
they must suffer in their trade and commerce, but were also
apprehensive
that the supplies which came to the town by water (without which they
cannot
subsist) would be so much obstructed as greatly to enhance the
price
of the necessaries of life.
And here, sir, I must observe, that the impressing of
Englishmen is,
in my opinion, an arbitrary action, contrary to law, inconsistent with
liberty, and to be justified only by urgent necessity. You assert
that while your ship is afloat the civil authority of this colony does
not extend to and cannot operate within her. But I must be of
opinion,
sir, that while she lies in the body of a county, as she then did
and still does, within the body of the county of Newport, all her
officers
and men are within the jurisdiction of this colony, and ought to
conform
themselves to the laws thereof; and while I have the honor to be in the
administration, I shall endeavor to assert and maintain the liberties
and
privileges of his majesty's subjects; and the honor, dignity and
jurisdiction
of the colony. As the men whose discharge I was anxious for have
been dismissed, and no further complaints have been made me on that
head,
I am content to drop the dispute, and hope for the future there may be
no occasion for renewing it.
The Governor mentioned in his letter a formal complaint of the
destruction
of the boat to the Chief Justice of the county, and added: "But in
justice
to this town I must observe, that by the best information I can get, no
person of the least note was concerned in the riot; the persons who
committed
the crime consisting altogether of the dregs of the people, and a
number
of boys and negroes." The famous Boston tea party, several years later,
was conducted by a strange band of Indians who appeared
suddenly
in the quaint and quiet Puritan town. Who shall say that disguise
was not known by the strange tatterdemalion band, including negroes,
who burned the boat of the "Maidstone"? The courts of Rhode
Island
were open to the British officers for prosecution of offenders,
"supposed
to be known,". but there were no convictions.
THE STAMP ACT--The exasperation aroused in Newport by
the
activities
of the "Maidstone" including what was described by a contemporary
writer
as "the hottest press ever knon in this town," had not subsided when
news
reached America that Parliament had passed the stamp act, to become
effective
November 1. and that it had been signed for King George III, who was
mentally
deficient and under guardianship. Venturesome sea captains,
sailing
to and from ports farther up Narragansett Bay, no doubt had found ways
of avoiding the "Maidstone" by use of the West Passage or by night
sailing,
which were not available to Newport vessels, which must lie at wharves
commanded by the 'Maidstone's" batteries. But the stamp act could
not be avoided by seamanship. Providence expressed its discontent
with the stamp act in resolutions. At a special town meeting on
August
7, 1765, Stephen Hopkins, Nicholas Cooke, Samuel Nightingale, Jr., John
Brown, Silas Downer and James Angell were appointed a committee to
draft
instructions to the town's representatives in the General
Assembly.
Resolutions drafted by the committee were adopted August 13; in large
part
they were similar to the resolutions adopted by the Virginia House of
Burgesses
on motion of Patrick Henry, and, with variations emphasizing Rhode
Island's
unusual independence in legislative matters, were subsequently adopted
by the General Assembly at its session in September, 1765.
241
The "Providence Gazette," revived after a long suspension, printed
a special edition on August 24, which included copies of the Providence
resolutions, extracts from reports in other colonial papers of action
taken
elsewhere, part of the speech made by Colonel Barre in Parliament
against
the stamp act, and an editorial praising resistance by patriots.
The edition of August 24 carried the motto: "Where the Spirit of the
Lord
is, there is Liberty," and across the top of the front page, in glaring
letters after the streamer fashion of modern newspapers, the words "Vox
Populi, Vox Dei." The revolution against the stamp act had been
complete,
though quiet and orderly, in Providence. In Newport, where the
people
had been stirred to violence by persistent interference with the
commerce
on which the prosperity of the town depended, popular demonstration of
wrath preceded action in town meeting by resolution, on September 3,
1765.
On August 27, Augustus Johnston, who had been appointed distributor of
stamps in the colony; Thomas Moffat, Scotch physician, temporarily
resident
in Newport and outspoken advocate of the English policy; and Martin
Howard,
whose "Letter from a Gentleman of Halifax to His Friend in Rhode
Island,"
answering "The Rights of Colonies Examined," by Stephen Hopkins, had
been
second in a series of pamphlets recalling exchanges a century earlier
by
Roger Williams and John Cotton, were hanged in effigy on a gallows
erected
in front of the Colony House. In the evening the effigies were
cut
down and burned in the presence of a throng of people that filled every
available space from which the fire might be seen. The demonstration
was
continued on the following day, when the houses of Johnston, Moffat and
Howard were wrecked, and much of their furnishings destroyed.
Johnston,
Moffat and Howard, with the three officers at the custom house in
Newport,
fled from the town in terror, seeking protection on board the "Cygnet,"
English sloop-of-war, then in the harbor. Johnston, whose
resignation
as distributor of stamps, because he could not "execute the office
against
the will of our Sovereign Lord the People," had been announced by the
"Providence
Gazette" of August 24, in a letter dated November 22, declared: "In the
evening of the twenty-eighth of August last a large mob was raised in
the
town of Newport, on account of the stamp act, as was said; and I was
reduced
to the necessity of seeking for an asylum on board H. M. S. 'Cygnet,'
for
the preservation of my life. On coming on shore the next day I
was
obliged, for the security of my life and property, to sign a paper
purporting
that I would not execute said office without the consent of the
inhabitants
of the colony, which was the first time that I was desired to resign
said
office." Samuel Crandall, described as "a principal fellow amongst the
mob," was accused by the customs officers of proposing "infamous terms
presumptuously" for their return to shore, as follows: "That we must
receive
our fees as settled by an act of the Assembly of the colony, in
defiance
of an act passed at the last session of Parliament; and deliver up the
prize sloop, molasses and scows, now under protection of the 'Cygnet,'
waiting the determination of the prosecution against them, at Halifax."
From the latter it appeared that, while the stamp act was the immediate
irritant, the uprising at Newport followed a series of provocative
measures
taken by the King's collectors and English naval officers. Gideon
Wanton, Jr., an Assistant, acting in the absence of Governor Ward,
assured
the collector and his associates, on August 31, that "the fury of the
populace
hath entirely subsided, and the minds of the people quieted; so that
there
is not the least danger or apprehension of any further riotous
proceedings";
and expressed his wish that the customs, officers would resume the
execution
of their offices under an assurance of "all the protection in my power
for the safety of your persons and interest." He pointed out that the
"putting
an entire stop to the trade and commerce of the colony," by closing the
custom house, "will be attended with most pernicious consequences."
242
Governor Ward, who returned to Newport on August 31, in the afternoon
renewed Gideon Wanton's request, with "the most absolute assurance that
everything is perfectly tranquil," and on September 1, writing again,
said
that Samuel Crandall had called on him and given further assurance
"that
he has not the, least intention of raising any disturbance or riot, or
of doing any kind of injury." Governor Ward placed an armed guard about
the custom house. On the same day the captain of the "Cygnet"
complained
that rumors had reached him of a plot to retake the prize sloop, and
warned
Governor Ward that if any demonstration of force was made, the "Cygnet"
would open fire on the fort and on the town of Newport. The war
might
have begun at that moment, so tense was the attitude of all parties.
Johnston,
Moffat and Howard, subsequently presented claims to the government for
damages amounting approximately to £2500, because of destruction
of property, and removal from the colony of two of them. The
colony
disputed the claims as excessive, and also because they had not, been
presented
either to the General Assembly or to the colony courts. In later
negotiations these claims were urged as set-off against the colony's
petition
for reimbursement for war expenditures incurred on behalf of the
English
government in 1756. In 1772-1773, itemized inventories of
property
alleged to have been destroyed or carried away were presented, the
totals
of £613 were reduced to £296 by committees of the General
Assembly
which investigated the claims, and ordered paid on settlement by
England
of the colony's account as of 1756.
The General Assembly met at East Greenwich on the second
Monday in
September,
1765, for a most momentous session. The Speaker of the House of
Deputies
announced receipt by him of an invitation to send representatives to a
conference to be held at New York on the first Tuesday in October and
Metcalfe
Bowler and Henry Ward were thereupon chosen to attend the Stamp Act
Congress.
Careful instructions for the delegates were drafted, and the Assembly
itself
adopted solutions more emphatic and dating than any others of the
period,
as follows:
This Assembly, taking into the most
serious
consideration
an act passed by the Parliament of Great Britain at their last session
for levying stamp duties, and other internal duties in, North America,
do resolve:
1. That the first adventurers, settlers of
this, his
majesty's colony and dominion of Rhode Island and Providence
Plantations,
brought with them and transmitted to their posterity and all other his
majesty's subjects since inhabiting in this, his majesty's colony, all
the privileges and immunities that have at any time been held, enjoyed
and possessed by the people of Great Britain.
2. That by a Charter granted by King Charles
II, in
the
fifteenth year of his reign the colony aforesaid is declared and
entitled
to all the privileges and, immunities of natural born subjects, to all
intents and purposes, as if they had been abiding and born within the
realm
of England.
3. That his majesty's liege people this colony
have
enjoyed
the right of being governed by their own Assembly, in the article of
taxes
and internal police; and that the same hath never been forfeited, or
any
other way yielded up; but hath been constantly recognized by the
King
and people of Britain.
4. That, therefore, the General Assembly of
this
colony
have, in their representative capacity, the only exclusive right to lay
taxes and imposts upon the inhabitants of this colony; and that every
attempt
to vest such power in any person or persons whatever, other than the
General
Assembly aforesaid, is unconstitutional and hath a manifest tendency to
destroy the liberties of the people of this colony.
5. That his majesty's liege people, the
inhabitants
of
this colony, are not bound to yield obedience to any law or ordinance
designed
to impose internal taxation whatsoever upon them other than the laws or
ordinances of the General Assembly aforesaid,
6. That all the officers in this colony,
appointed by
the authority thereof, be and they are hereby directed to proceed in
the
execution their respective offices in the same manner as usual; and
that
this Assembly will, indemnify and save harmless all the said officers,
on account of their conduct, agreeably to this resolution.
Though the record of the General Assembly session of September, 1765,
concluded
with the formal "God save the King," the General Assembly, by striking
out from the first draft of the fourth paragraph of its resolutions the
words "his majesty or his substitute" had denied even to the King a
right
to participate in imposing taxes upon the colony, and had declared that
the tax right lay exclusively with the General Assembly.
243
The fifth paragraph in the Rhode Island resolutions, declaring that
the colony was "not bound to yield obedience to any law or ordinance
designed
to impose any internal taxation whatsoever upon them other than the
laws
or ordinances of General Assembly," had been too daring and
revolutionary
for Virginia, which rejected it. The sixth paragraph ordered
government
as usual under guaranty of support and indemnity. The Assembly ordered
the apprehension of the Newport rioters and precautions future riots.
RHODE ISLAND AT THE STAMP ACT CONGRESS--Meeting at
South
Kingstown
on the last Wednesday in October, 1765, the General Assembly received
the
report of the delegates to Stamp Act Congress that the latter had
adopted
"several declarations of their opinion respecting the rights and
liberties
of the colonists, and agreed upon a loyal and dutiful address to his
majesty,
and humble application to both houses of Parliament to procure the
repeal
of the stamp act and of all clauses of any other acts of Parliament
whereby
the jurisdiction of admiralty is extended beyond its ancient limits in
the colonies, and of the other acts for the of American commerce."
Resolutions
of cordial thanks to Colonel Isaac Barre "for his generous and
patriotic
endeavors in a late session of Parliament, for the interest of the
colonies"
were adopted. It was voted and resolved "that the last Thursday
in
this instant November be observed throughout this colony as a day of
public
thanksgiving to Almighty God, for the many favors and mercies received
the year past; and that prayers be put for a blessing on the endeavors
of the colony for preservation of their invaluable privileges; and that
his honor the Governor be, and he is hereby requested to issue a
proclamation
accordingly." This was the earliest precedent for the last Thursday in
November as Thanksgiving Day (In each of 1759 and 1760 the Thursday
preceding
the last Thursday was Thanksgiving Day).
Near as Rhode Island seemed to be to revolution in 1765,
resistance
to injustice rather than independence was the dominating purpose.
Governor
Ward's statement in a letter to the colony agent under date of November
7, was clear upon this point: "The complaints of this colony on their
present
grievances do not arise from any unwillingness to contribute to the
interest
of Great Britain, or the least desire of throwing off or lessening, in
any manner, our dependence upon her. We unanimously esteem our
relation
to our mother country as our greatest happiness, and are ever ready,
and
at the hazard of our lives and fortunes, to do anything in our power
for
her interest, and all we desire in return is the quiet enjoyment of the
common rights and privileges of Englishmen, which we imagine we have a
natural right and just title to." Samuel Ward was true as steel,
however;
he alone of American Governors in 1765 refused to take the oath to
enforce
the stamp act prescribed for Governors. As the Revolution drew
nearer
he was identified with the patriot cause; in 1774 he accompanied his
colleague
at the Albany Congress and his opponent in Rhode Island internal
politics,
Stephen Hopkins, as delegate to the Continental Congress.
RESISTANCE TO THE STAMP ACT--November 1, 1765, arrived,
and
with
it the time for putting the stamp act into effect in America.
Practically
no public business could be transacted in a legal way without the use
of
stamped paper; and none was to be had, whether "distributors" feared to
sell or good Americans refused to buy. In Rhode Island public
business
proceeded as usual, because the General Assembly had ordered it so, and
had guaranteed to sustain colony officers. Only the officers at
the
custom house in Newport were interested in stamps. Their
application
for stamps to Augustus Johnston as distributor elicited an answer to
the
effect that stamps had been consigned to him and received; that he had
been persuaded by duress to resign his office; and that he had carried
the stamps on board the "Cygnet."
244
He declined to furnish stamps, because, as he said "I am apprehensive
that if any attempt should be made by me to land the papers or execute
said office, without the consent of the inhabitants of the colony, that
my life and property would be endangered." The customs officers then
presented
to Governor Ward their letter to Johnston and his answer to it, because
"we think it incumbent on us (particularly for our own justification)
to
apply to your honor, in order to know whether any stamped papers are to
be had within your government." On December 23 Johnston was called
before
the Governor and council to answer explicitly the question, "Whether
you
will accept the office of distributor of stamps for this colony, or
not?"
Three days later Governor Ward, writing to the Lords Commissioners of
the
Treasury, said: "Augustus Johnston, Esq., who (as he informs, me) was
appointed
chief distributor in this colony, hath resigned that office," adding
that
"people of every rank and condition are so unanimous in their opinion
that
the operation of the act for levying stamp duties in America would be
inconsistent
with their natural and just rights and privileges, injurious to his
majesty's
service and the interest of Great Britain, and incompatible with the
very
being of this colony, that no person, I imagine, will undertake to
execute
that office."
REPEAL OF STAMP ACT--Parliament, on receiving news from
America,
early in 1766, of the sturdy opposition to the stamp act, faced the
alternative
of enforcement or repeal, and eventually chose the latter. The
petitions
of "the merchants of London, Leeds, Bristol, Glasgow and other places,
trading to America," and complaining already of loss of trade through
the
American policy of boycotting English goods, mentioned by Sherwood in
his
letter of February 25, 1766, undoubtedly had an effect in producing in
the House of Commons the majority of 108 for repeal. William Pitt
and Edmund Burke were powerful in the debate. Sherwood, the
colony
agent, and Secretary Conway, each announcing the repeal, mentioned
Parliament's
wish that compensation should be paid for losses in recent riots and
other
disorderly procedure, and urged a display of generous gratitude in
America.
, The General Assembly voted resolutions of thanks to his majesty, and
ordered the salutes in honor of the repeal and of the King's birthday,
fired at the fort, paid for from the colony treasury. The
Governor
was directed to thank the merchants of London for promoting the repeal
of the stamp act. The "Providence Gazette " recorded a
celebration
in Providence of the King's birthday, June 4, as a day of public
rejoicing.
"The auspicious morn was ushered in by the ringing of bells, and a
discharge
of several cannon from a battery planted on the parade. The
courthouse,
a most elegant structure, was beautifully ornamented with colors, and
the
shipping in the harbor hove out theirs at a signal given. Joy and
gladness
shone in every countenance; and nothing was to be heard but mutual
congratulations
until eleven o'clock, when, according to the order of the day, there
was
a general gathering of the people on the parade. From thence they
marched in order, with drums beating, trumpets sounding, and colors
displayed,
to the Presbyterian meetinghouse, where thanks were given to the
Supreme
Ruler of the Universe, for His kindness to His people, in releasing
them
from the heavy burdens which, were imposed on them, and for continuing
their liberties. There was an animated and well-adapted.
discourse
delivered by the Rev. Mr. Rowland from Psalm cxxvi, 3, and the
religious
exercises were concluded with a beautiful anthem performed by a company
of musicians. The assembly returned in like good order as they
came,
to the courthouse, where his majesty's health was drunk by many
hundreds
under a royal salute of twenty-one cannon, when the company adjourned
to
four o'clock. Upon their reassembling they drank thirty-two of
the
most loyal, patriotic and constitutional toasts, under a discharge of
seven,
five and three cannon, accompanied with the sound of drums, trumpets
and
loud huzzas of the loyal multitude, who were liberally treated by the
gentlemen
of the town. In the evening 108 sky rockets with a beehive
containing
108 serpents, were played off before the courthouse (which was most
beautifully
illumined), with divers other kinds of fireworks.
245
At nine o'clock there was an elegant boiled collation served up to
the company; and at eleven, when every heart was full fraught with joy
and loyalty, the company retired. And that the daughters of
liberty
might not be wholly excluded from rejoicing in a way agreeable to them,
the evening after there was a grand ball given by the gentlemen of the
town, at which there was the most brilliant appearance of ladies the
town
ever saw. The whole was carried on to general satisfaction, and
without
hurtful accident."
Lest repeat of the stamp act establish a constitutional
precedent,
in
accord with the English usage of applying to resolutions of Parliament
defining policies a doctrine resembling judicial stare decisis,
Parliament enacted with the repealing statute the so-called
"declaratory
act," asserting explicitly a right vested in Parliament to make laws
for
"the colonies and people of America, subject of the crown of Great
Britain,
in all cases whatsoever." At the same time the acts of trade were
revised,
and adjusted practically upon a revenue, rather than a regulatory or
prohibitory,
standard. The reduction of the duty on molasses to one penny per
gallon, and modifications of the tariff on sugar, coffee and spice were
considered favorable to American colonial trade, and promised revival
of
colonial prosperity. The Duke of Richmond, writing June 12, 1766,
announced the "opening and establishing certain ports on the Islands of
Jamaica and Dominica for the more free importation and exportation of
certain
goods and merchandises," and continued: "Thus, you see, gentlemen, that
not only the greatest attention has been shown to his majesty's
American
subjects, by the repeal of an act which they had complained of, but
those
grievances on trade which seemed to be the first and chief object of
their
uneasiness have been taken into most minute consideration, and such
regulations
have been established as will, it is hoped, restore the trade of
America,
not only to its former flourishing state, but be the means of greatly
increasing
and improving it." The Lords Commissioners of Trade and Plantations,
under
date of August 1, requested information concerning new manufactures set
up in Rhode Island since 1734; Governor Lyndon reported "ten forges for
making iron out of ore; two furnaces, one for making ore into pigs, and
the other for making hollow-ware out of ore; six spermacetti works;
twelve
potash works, three rope-walks, and one paper mill, at which is
manufactured
wrapping, package and other coarse paper . . . . neither for these nor
any other manufactures is any bounty or other encouragement given by
the
colony."
NEWPORT MASSACRE --The benevolent disposition
manifested in
England
was not destined to be long continued. On Townshend's return to
the
Ministry in 1766, he resumed almost immediately his American colonial
policy,
involving (1) billeting 10,000 English troops in America; (2) Strict
enforcement
of trade and navigation and revenue acts; and (3) effective taxation of
the colonies. Duties were laid on tea, glass, red and white.lead,
and paper in 1767; a board of commissioners to supervise enforcement of
the navigation acts was created; and the New York Assembly was
suspended
because of refusal to furnish supplies for a detachment of British
troops.
Thus England furnished America with pretexts for renewing the quarrel
that
appeared to have ended with the joyously good feeling that attended
repeal
of the stamp act. America was as prompt as might be expected in
taking
up once more the defense of liberty. Colonial committees of
correspondence
established first during the stamp act controversy resumed
activity.
Colonial assemblies passed resolutions and exchanged copies.
Stout
resistance to customs officers appeared in places, with open quarrels
between
Americans and English officers, which indicated deep-seated hostility.
One of these resulted in the Newport massacre, May 3, 1768. As in
the instance of the Boston massacre, which occurred nearly two years
later,
(March 5, 1770) reports of the Newport massacre vary, one
alleging-murderous
assault upon an unarmed youth by a British naval officer provoked by
derisive
laughter as he and two companions passed by on a Newport sidewalk; the
other alleging an affray in which the British Officers drew in
self-defense,
and slew the youth and wounded one of his companions.
246
Henry Sparker, run through the body by a British sword, died.
The coroner returned a verdict of willful murder, and three British
officers
from the "Senegal," man-of-war, were arrested: Thomas Careless, charged
with murder; Charles John Marshall and Thomas Young, as
accessories.
The General Assembly, in May, ordered a special session of the Superior
Court of judicature to meet in June, three months earlier than the
regular
sitting. The officers were acquitted on their plea of
self-defense.
Recourse to the concerted action by resolutions in colonial
assemblies,
by resolutions in Congress, and by resistance that had procured the
repeal
of the stamp act was indicated early in 1768 as about to be taken
against
the Townshend policy. On February 11 the Massachusetts House of
Representatives
addressed a letter to the Speaker of the "House of Representatives in
Rhode
Island," in which it was suggested that "it seems to be necessary that
all possible care should be taken that the representations of the
several
assemblies, upon so delicate a point, should harmonize with each
other."
The letter then summarized a protest sent by Massachusetts to the
Ministry.
Hillsborough, writing from Whitehall in April; cautioned Rhode Island,
with reference to the Massachusetts protest, thus: "As his majesty
considers
this measure to be of a most dangerous and factious tendency,
calculated
to inflame the minds of his good subjects in the colonies, to promote
an
unwarrantable combination, and to excite and encourage an open
opposition
to and denial of the authority of Parliament, and to subvert the true
principles
of the constitution; it is his majesty's pleasure that you should,
immediately
upon the receipt hereof, exert your utmost influence to defeat this
flagitious
attempt to disturb the public peace by prevailing upon the Assembly of
your province to take no notice of it, which will be treating it with
the
contempt it deserves. The repeated proofs which have been given
by
the Assembly of Rhode Island of their reverence and respect for the
laws,
and of their faithful attachment to the constitution, leaves little
room
in his majesty's breast to doubt of their showing a proper resentment
of
this unjustifiable attempt to revive those distractions which have
operated
so fatally to the prejudice of his kingdom and the colonies; and,
accordingly,
his majesty has the fullest confidence in their affections and expects
that they will give him the strongest proofs of them in this and every
other occasion." Governor Lyndon, answering, promised to lay the matter
before the General Assembly. Hillsborough, on September 2, wrote:
"The King having observed that the governors of his colonies have, upon
several occasions, taken upon themselves to communicate to their
councils
and assemblies either the whole or parts of letters which they have
received
from his majesty's principal secretaries of state, I have it in command
from his majesty to signify to you that it is his majesty's pleasure
that
you do not, upon any pretence whatever, communicate to the Assembly any
copies or extracts of such letters as you shall receive from his
majesty's
principal secretaries of state, unless you have his majesty's
particular
directions for so doing." Governor Joseph Wanton answered the
foregoing.thus:
"Your lordship's letter of, September 2 last, having been laid before
the
General Assembly, I am, at their request, to observe to your lordship
that,
by the Charter of this colony, the supreme authority is vested in the
General
Assembly; the constitution all letters, intelligence and correspondence
relating to public matters the welfare of the colony must necessarily
be
laid before them, and there receive a final decision. The instruction
contained
in your lordships letter, I imagine, must have without a sufficient
attention
to the nature of this government, which clearly appears from the letter
itself, it being addressed to the Governor and Company, which is the
General
Assembly. The letter being circular, I think easily accounts for the
mistake."
If the Colony House did not rock with laughter at
Hillsborough's
commendation,
in his letter of April 21, of the "reverence and respect for the laws"
displayed by the members of the General Assembly, it was because their
sense of humor was suppressed for the time being by the seriousness of
the situation.
247
Governor Lyndon wrote to Hillsborough that the General Assembly had
considered the Massachusetts letter and "upon mature deliberation they
are of opinion that it hath not any tendency to faction; that it is not
calculated to inflame the minds of his majesty's good subjects in the
colonies,
or to promote an unwarrantable combination, or to excite and encourage
an open opposition to and denial of the authority of Parliament, or to
subvert the true principles of the constitution. On the contrary,
that letter appears to this Assembly to contain not only a just
representation
of our grievances, and an invitation to unite, in humble, decent and
loyal
addresses to the throne for redress; but also sentiments of the
greatest
loyalty to his majesty, of veneration for his high court of Parliament,
of attachment to the British constitution, and of affection to the
mother
country. . . . This Assembly cannot but express great surprise and
concern
that an attempt to unite fellow subjects, laboring under the same
hardships,
in petitioning the throne in a constitutional, humble and loyal manner,
for redress should be termed a factious and unwarrantable
combination.
Nor, my lord, can this Assembly conceive that this idea arises from any
part of the letter itself, but rather from false and malicious
insinuations
of the temper and disposition of the colonies, made by their
enemies.
Therefore, this Assembly, instead of treating that letter with any
degree
of contempt, thinks themselves obliged, in duty to themselves and to
their
country, to approve the sentiment contained in it." The Assembly did
even
more; it adopted its own letter of protest to be addressed to the
King.
The letter recited the loyalty of Rhode Island, and the great happiness
that the colony had enjoyed under the Charter, and continued: "It is,
therefore,
with the greatest I concern and grief that your majesty's loyal
subjects
in this colony find their property given and granted by your majesty's
Parliament without their consent. Although we have the highest
veneration
for that most august body, to whom we cheerfully and readily submit, as
to the supreme legislature of the whole empire, in all things
consistent
with the first and most fundamental rights of nature; yet we humbly
conceive
that the late acts of Parliament imposing duties and taxes upon your
majesty's
subjects in America, not for the regulation of commerce, merely, but
for
the express purpose of raising a revenue, thereby giving and granting
the
property of the Americans, without their consent, to be an infringement
of those rights and privileges derived to us from nature, and from the
British constitution, and confirmed by our Charter, and uninterrupted
enjoyment
of them for more than a century past." Governor Lyndon, in a letter
transmitting
the Assembly's letter, wrote: "At the same time, my lord, that this
Assembly
pleads for a right, which, in their opinion, constitutes the sole
difference
between free subjects and slaves, they are far, very far, from aiming
at
an independence of the mother country." Writing also to Sherwood, the
colony
agent, Governor Lyndon said: "By these (letters) you will know the
sentiments
of the General Assembly about the late acts of Parliament for raising a
revenue upon the free inhabitants of the colonies without their
consent.
They took upon them as incompatible with their rights, and with their
existence
as a free people." Hillsborough, acknowledging receipt of the General
Assembly's
address to the King, wrote: "The King having commanded me to read this
address to him, and having well weighed the contents and purports
thereof,
has ordered me to signify to you, for the information of the General
Assembly,
that his majesty does not approve thereof, and . . . . holds himself
bound
by every tie of regard for the welfare and interest of the whole
community
to reject any petition or address founded upon claims and pretensions
inconsistent
with the authority of the supreme, legislature over all the British
empire,
which authority his majesty is resolved to preserve and support entire
and inviolate."
Hillsborough, in May, 1768, complained that customs officers
"meet
with
great obstructions and are deterred from exerting themselves in the
execution
of their duty." The General Assembly answered by resolution directing
the
Governor to "inform his lordship that this Assembly knew of no
obstructions
his majesty's officers have met within this colony."
248
Hillsborough, in December, wrote "that his majesty learns with great
satisfaction that his commissioners and officers of the customs have
met
with no obstruction in the performance of their duty in his colony of
Rhode
Island." Disorder and obstruction had occurred elsewhere; Sherwood
wrote
that, while he would use his utmost zeal for the repeal of the
obnoxious
legislation, he feared "the behavior of some people in your neighboring
province will be so far resented as to prevent any good effects being
immediately
produced by the endeavors of your friends. I mean that this
government
will not, at present, think it consistent with their dignity to repeal
those acts, lest such a measure should be construed into a silent
acknowledgment
that they are not able to carry their acts into execution. . . . The
legislature
are determined not to repeal those, acts for the present, but to
enforce
the execution of them. Eventually the resentment aroused in Rhode
Island produced disorder. In May, 1769, Jesse Saville, a tide
waiter
in the custom house at Providence, was seized while on duty, and tarred
and feathered. An offer of a reward of £50 failed to
produce
information of the assailants.
SCUTTLING OF THE "LIBERTY"--In July the first overt
act of
the Revolution occurred in Rhode Island; the "Liberty," armed
British
sloop, was seized, dismasted and scuttled, and her boats were burned at
Newport. The "Liberty" had been fitted out by the commissioners of the
King's customs in Boston and sent to Rhode Island waters to detain and
examine all vessels suspected of violating the revenue laws. The
"Newport Mercury" of May 22, 1769, reported: "Last Tuesday a sloop from
the West Indies belonging to Providence, in this colony, was seized by
the officers of the 'Liberty,' sloop of war." The "Providence Gazette"
of May 27: "On Monday, arrived here, his majesty's armed sloop
"Liberty,"
Captain Reed, from Newport." Both the "Gazette" of July 22 and
"Mercury"
of the same date reported the destruction of the "Liberty. The
following
narrative is in part from each of the papers, which agreed on the
essential
details:
Captain Reed, commander of the sloop "Liberty," having seized
a
brig,
Captain Packwood, and the "Sally," sloop, Edward Finker, master, both
belonging
to Connecticut, on Monday, July 17, brought both into Newport on the
same
day. The brig was seized on suspicion of "having done an illicit
act," and the "Sally" was alleged to be loaded with a cargo of
prohibited
goods. Up to Wednesday no prosecution of either brig or sloop had
been undertaken. The reports in "Gazette" and "Mercury," and the
statements in proclamations issued subsequently indicate that probably
the seizure of the brig was unwarranted, and that Captain Packwood had
obtained clearance papers at the custom house at Newport. On
Wednesday
Captain Packwood went on board the brig for some necessaries. The
"Gazette" reported that his clothing and other personal efforts had
been
removed to the "Liberty," and that he found sailors from the "Liberty"
unbending the sails on the brig, probably to prevent sailing. The
"Mercury" reported that officers of the prize crew on board the brig
refused
to allow Captain Packwood access to his clothing. Both papers
agree
that there was a quarrel on board the brig, in the course of which
Captain
Packwood drew his sword and with it cleared his way to his boat.
While the latter was proceeding to the wharf at Newport it was fired
upon
by the "Liberty," two musket balls passing close to Captain
Packwood.
Attempts to fire a swivel and pistol failed. In the evening of
Wednesday,
July 19, Captain Reed of the "Liberty," who was ashore, was seized by a
crowd on Long Wharf, and compelled to order the crew of the "Liberty"
ashore
to answer for the attack on Captain Packwood. The "Liberty" was
then
boarded, her cables cut, and she was allowed to drift to shore.
There
her masts and rigging were cut away, her guns were heaved overboard,
and
she was scuttled. Her two boats were dragged to the common and
burned.
The brig, Captain Packwood, and the "Sally," sloop, were released and
sailed
away.
249
'The "Mercury" of July 31 reported: "Last Saturday afternoon the sloop
'Liberty' was floated by a high tide, drifted over to Goat Island, and
is grounded at the north end, very near where the pirates were
buried.
What this prognosticates we leave to the determination of astrologers!"
On August 7, the "Mercury" reported further: "Last Monday evening, just
after the storm of rain, hail and lightning, the 'Liberty,' sloop,
which
we mentioned in our last to have drifted to Goat Island, near where the
pirates were buried, was discovered on fire; and she continued burning
for several days, till almost entirely consumed." Governor Wanton
issued
a proclamation on July 21, "directing and requiring all the officers of
justice in this colony to use their utmost endeavors to inquire after
and
discover the persons guilty of the aforesaid crimes." His majesty's
commissioners
of customs offered a reward of £100 "for the apprehending and
bringing
to condign punishment the persons concerned in this daring and
atrocious
outrage." Neither proclamation nor reward availed; no doubt some of the
Connecticut sailors from the brig and sloop were among the
"unidentified
strangers" who by revelation what hand set the fire that burned the
"Liberty."
At the session of, the General Assembly in June, 1769, a
committee
was
appointed to consider a letter received from Payton Randolph, Speaker
of
the Virginia House of Burgesses, enclosing resolutions adopted by
Virginia
on May 16. At the October session the Assembly adopted as its own
the second, third and fourth Virginia resolutions, excepting the first,
because Rhode Island had already adopted and sent to the King a
resolution,
stronger than that from Virginia, declaring the Assembly's exclusive
right
to levy taxes in Rhode Island. Otherwise the resolutions declared the
rights
(1) to petition the King for redress of grievances; and (2) to trial by
a jury of the vicinage. The latter was a protest against the
threat
to carry persons arrested on the charge of treason to England for trial
there, because American juries invariably acquitted their
fellow-citizens
charged with the violation of laws which, from the American point of
view,
were unconstitutional. Meanwhile Sherwood, with resident agents
of
other American colonies, had been in conference with Hillsborough; the
latter, Sherwood wrote, "repeatedly assured us that the legislature and
ministry here had laid aside every idea of raising a revenue in America
for the service of the government; and that it was resolved upon by
them
to repeal the act laying duties upon paper, glass and colors; and that
every reasonable and proper measure would be taken to remove the
jealousies,
fears and apprehensions of the Americans." A more effective weapon than
resolutions and disorder--the boycott of English goods which had been
so
convincing as a protest against the stamp act--had been revived, and
associations
of merchants bound by agreements not to import English goods and of
consumers
bound by agreements not to buy English goods, had risen throughout the
colonies. The Sons of Liberty, and in Rhode Island the Daughters
of Liberty, organizations suggested by Colonel Barre's appeal for
America
in the debate on the stamp tax, were revived. Liberty trees,
dedicated
as meeting places for patriots, were found in most towns. The
Providence
Liberty Tree had been dedicated July 25, 1768, by Silas Downer, thus:
We do, in the name and behalf of all
the
true
sons of liberty in America, Great Britain, Ireland, Corsica, or
wheresoever
they may be dispersed throughout the world, dedicate and solemnly
devote
this tree to be a tree of liberty. May all our councils and
deliberations
under its venerable branches be guided by wisdom, and directed for the
support and maintenance of that liberty which our renowned forefathers
sought out and found under trees and in the wilderness. May it
long
flourish, and may the sons of liberty often repair hither to confirm
and
strengthen each other; when they look toward this sacred elm may they
be
penetrated with- a sense of their duty to themselves and their
posterity;
and may they, like the house of David, grow stronger and stronger,
while
their enemies, like the house of Saul, shall grow weaker and
weaker.
Amen.
250
As orator of the occasion, Silas Downer pronounced a discourse upon
the problems of the time, including paragraphs so incisive as these:
But of late a new system of politics
has
been
adopted in Great Britain, and the common people there claim a
sovereignty
over us although they be only fellow subjects. It is now an established
principle in Great Britain that we are subject to the people of that
country,
in the same manner as they are subject to the Crown. The language
of every paltry scribbler, even of those who pretend friendship for us
in some things is after this lordly style--our colonies, our
western
dominions, our plantations, our islands, our
subjects
in America, our authority, our government, with many
more
like imperious expressions. Strange doctrine that we should be
thus
subjects of subjects, and liable to be controlled at their will. It is
enough to break every measure of patience that fellow subjects should
thus
assume such power over us. If the King was an absolute monarch and
ruled
us according to his absolute will and pleasure, as some Kings in Europe
do their subjects, it would not be in any degree so humiliating and
debasing,
as to he governed by one part of the King's subjects who are but equals.
A standing army in time of profound peace is
cantoned
and quartered about the country to awe and intimidate the people.
Men-of-war and cutters are in every port, to the great distress of
trade.
Unless we exert ourselves . . . . sentry boxes will be set up in all
streets
and passages, and none of us will be able to pass without being brought
to by a soldier with his fixed bayonet, and giving him a satisfactory
account
of ourselves and business. Perhaps it will be ordered that we
shall
put out fire and candle at eight of the clock at night, for fear of
conspiracy.
For such fearful calamities may the God of our fathers defend us.
Wherefore, dearly beloved, let us with unconquerable resolutions
maintain
and defend that liberty wherewith God hath made us free. Let
nothing
discourage us from this duty to ourselves and our posterity. Our
fathers fought and found freedom in the wilderness; they crop
themselves
with the skins of wild beasts, and lodged under trees and among bushes;
but in that state they were happy because they were free. Should
these, our noble ancestors, arise from the dead, and find their
posterity
truckling away that liberty which they purchased for so dear a rate,
for
the mean trifles and frivolous merchandise of Great Britain, they would
return to the grave with a holy indignation against us. Let us,
therefore,
in justice to ourselves and our children break off a trade so
pernicious
to our interest, and which is likely to swallow up both our estates and
our liberties. We cannot, we will not, betray the trust reposed
in
us by our ancestors; we will be free men or we will die.
One year later "the merchants, traders, farmers and mechanics, and in
general,
all the sons of liberty, in this and the neighboring towns," were
invited
to meet at the Liberty Tree to consult and agree upon effectual
measures
to discourage the importation and consumption of European goods.
Another
meeting at the Liberty Tree was held October 17, and at the town
meeting
on October 24, 1769, it was resolved by the freemen "that they would
not,
directly or indirectly, from that time until the act imposing duties
upon
glass, paper, etc., shall be repealed give any orders for importing, by
land or water, into this colony, either for sale or for their own
families'-use,
or. purchase of any other person importing any of the articles
enumerated
in an agreement entered into and signed by a number of the inhabitants
of this town on the second day of December, 1767 . . . . and that they
would strictly adhere to the measures thereby adopted, by endeavoring
most
effectually to discountenance luxury and extravagance in the use of
British
and foreign manufactures and superfluities; and by exerting their
utmost
endeavors to promote and encourage, by all laudable methods our own
manufactures,
more especially the articles of wool and flax, the natural produce and
staple of this colony." At the same meeting the merchants of the town
agreed
to place in bond "divers parcels of goods" ordered for import and daily
expected to arrive from England. Stubborn as were the English
ministers
of the period in maintaining what they considered the principle
involved
in taxation of the colonies, even when the impracticability of taxation
had been demonstrated by failure of both the stamp act and the
Townshend
measures, they were too far removed from America to understand that
they
had awakened there a devotion to liberty, amounting to a consecrated
idealism,
that would not yield. The boycott was continued vigorously until
the repeal of the Townshend tariff on all articles save tea; thereafter
there was disagreement in America as to the necessity of continuing the
boycott on all articles of British manufacture, and eventually the
non-importation,
non-consumption, policy was abandoned except as to tea.
251
The colony of Rhode Island itself participated in the boycott; thus,
in June, 1770, the General Assembly requested Moses Brown "to import
from
England for the use of this colony seven boxes of Bristol or Newcastle
crown sash glass, to wit: Three boxes of twelve by sixteen, three of
eleven
by fifteen, and one of twelve by seventeen; to contain seven hundred
feet
in the whole; that the same be shipped as soon as conveniently may be, after
the duty on glass ceases, and the other governments generally
import
that article." Agreements to boycott English goods were regarded as
binding
in honor, but not in law. A Massachusetts merchant who violated
an
agreement not to sell, and whose goods were taken from him and burned,
sued in the courts of Rhode Island members of the committee appointed
to
enforce the agreement; the jury's verdict for the plaintiff was
sustained
by the court. Parliament repealed the Townshend tariff, except on
tea, in 1770. A motion to include the tax on tea in the repeal
was
rejected, lest it be construed as a surrender of the alleged right to
tax
the colonies.
Only the tariff had been repealed, and that in part. The
English
ministry was persistent in pursuing its policy of maintaining an army
in
America and in enforcing the trade and navigation acts.
Hillsborough,
in December, 1770, announced an augmentation to the King's forces,
consisting
of an additional light company to every battalion, and of twenty men to
every company . . . . and it being of great importance in the present
situation
that the several battalions now serving in America should be completed
as soon as possible," urged the Governor to assist in raising "such a
number
of recruits as shall be sufficient for that purpose. Early in
1771,
General Gage, commanding the British forces in America, requested the
Governor
to provide quarters for his majesty's Sixty-fourth Regiment. The
General Assembly deferred action, authorizing the Governor to call a
special
session should occasion arise. At the May session, 1772, the
Assembly
approved and ordered paid a bill for the expense of billeting a
detachment
of British soldiers passing through the colony. A suggestion of
revival
of the old controversy concerning control of the colony militia
appeared
in a letter from Governor Hutchinson of Massachusetts under date of
September
2, 1771, announcing his commission as "captain-general and
commander-in-chief
of the militia, and of all our forces by sea and land within the colony
of Rhode Island and Providence Plantations, and the Narragansett
Country,
or King's Province in New England, and of the forts and places of
strength
within the same."
The enforcement of the trade and navigation acts involved more
substantial
difficulty and was made particularly vexatious by reason of the
officiousness
of customs officers and naval officers. The former were
frequently
in conflict with the colony officers; the latter ignored the laws of
the
colony on an assumption of higher authority. Both kept a
steady
stream of complaints moving toward England, some of which were
disregarded
by the English government as trivial, although occasionally an outburst
of indignation was indicated by exchanges of curt correspondence with
colonial
officers. The situation was difficult and fraught with
danger.
The dissatisfaction with an unjust law that appears to warrant
disregarding
or breaking it tends to breed contempt for other law and sometimes for
all law. For England it had been unfortunate that so much of
legislation
as affected America had been interpreted as violating dearly cherished
rights of Americans. The ultimate effect was the disposition in
America
to regard all English officers as agents for tyranny.
Coincidentally
the almost utter disregard by English officers of colonial laws and of
colonial officers left the latter in an embarrassing situation.
Occasionally,
however, it served the purpose of absolving the colonial government
from
responsibility. Thus, in July, 1771, Hillsborough complained of
certain
outrages committed on customs officers and "the neglect of the
governors
and civil magistrates in giving their assistance and protection," and
particularly
"that some of the most violent of these outrages have been committed at
Newport, in Rhode Island, particularly in April last, when the
collector
of his majesty's customs at that port, was, in the execution of his
duty,
assaulted and grossly ill-treated, even to the danger of his life, by a
number of the inhabitants, without any protection being given him;
that,
in general, the officers of the customs have received no support or
countenance
from that government, and have in vain applied to the superior court
for
writs of assistance in cases where such writs were adjudged necessary."
252
Hillsborough suggested that it would be well "to consider what must
be the consequences, if, after such repeated admonition, the laws of
this
kingdom are suffered to be trampled upon, and violences and outrages of
so reprehensible a nature are committed with impunity." Governor Wanton
answered "that Mr. Dudley, collector of the customs at Newport, in
April
last, in the dead time of the night, singly and alone, went on board a
vessel lying at one of the wharves in Newport, where he met with a
number
of persons, supposed to be drunken sailors, and was cruelly and
scandalously
abused by them; that Mr. Dudley never applied to any civil authority
for
protection or assistance until after the abuse had happened; . . . .
and
that Mr. Dudley, or any other persons, never afterward made any
application
to any of the authority in this colony for apprehending those persons
who
had thus abused him." Governor Wanton asserted that the civil courts
were
open for justice, and that he believed the assault had been "wholly
perpetrated
by a company of lawless seamen." He also declared that no application
for
a writ of assistance had been made to any court in Rhode Island, and
that
the justices declared "that when any application should be made to them
by the custom house officers, for writs of assistance or other
protection,
that they would readily and cheerfully give them every assistance in
the
execution of their duty which the law puts in the power of the superior
court to give. The Governor complained of the customs officers
"for
their abusing and misrepresenting the colony of Rhode Island and its
officers,"
and hoped that his lordship would transfer his "reprehensions from the
innocent colony of Rhode Island to those guilty officers who have so
shamefully
misinformed you." Governor Wanton refused in 1775 to take the definite
step that involved separation from England; but he was throughout the
critical
period in which the revolution impended wanting in no effort to sustain
the Charter and the rights of Rhode Island. In this respect he
upheld
the tradition of his family, which had given three other Governors to
colonial
Rhode Island.
BURNING OF THE "GASPEE"--The "Gaspee," armed sloop,
appeared
in Narragansett Bay in March, 1772, and almost immediately began to
harass
shipping. Deputy-Governor Sessions, on March 21 wrote to Governor
Wanton from Providence:
The inhabitants of this town have of
late
been
very much disquieted in their minds by repeated advices being brought
of
a schooner, which for some time past hath cruised in Narragansett Bay,
and much disturbed our navigation. She suffers no vessel to pass,
not even packet boats, or others of an inferior kind, without a strict
examination; and where any sort of unwillingness is discovered, they
are
compelled to submit by an armed force. Who he is, and by what
authority
he assumes such a conduct, it is thought needs some inquiry; and I am
requested
by a number of gentlemen of this town, on their behalf, to acquaint
your
honor therewith, and that you would take the matter under
consideration;
and if the commander of that schooner has not yet made proper
application,
and been duly authorized, to bring him to account. It is suspected he
has
no legal authority to justify his conduct; and his commission, if he
has
any, is some antiquated paper, more of a fiction than anything else,
and
this seems to be confirmed by Mr. Thomas Greene, who says he saw it,
and
believes it to be no other than the commission the famous Reed had, who
lost his sloop at Newport, or something else of no validity. In
consequence
of the above-mentioned application, I have consulted with Chief Justice
Hopkins thereon, who is of opinion that no commander of any vessel has
any right to use any authority in the body of the colony without
previously
applying to the Governor, and showing his warrant for so doing, and
also
being sworn to a due exercise of his office; and this, he informs me,
has
been the common custom in this colony.
253
Governor Wanton thereupon sent the high sheriff on board the "Gaspee"
with a statement that a complaint had been made because the schooner
had
"in a most illegal and unwarrantable manner, interrupted trade by
searching
and detaining every little packet boat plying between the several
towns."
The Governor directed the commander of the "Gaspee" "to produce me your
commission and instructions, if you have any, which was your duty to
have
done when you first came within the jurisdiction of the colony."
Lieutenant
Dudingston, commanding the "Gaspee," replied: "When I waited on you on
my arrival I acquainted you of my being sent to this government to
assist
the revenue. I had my commission to show you, if required as it
was
ever understood by all his majesty's governors I have had the honor to
wait on, that every officer commanding one of his majesty's vessels was
properly authorized, and did produce it, unasked for." Governor Wanton
thereupon repeated his request, thus: "I expect that you do, without
delay,
comply with my request of yesterday; and you may be assured that my
utmost
exertions shall not be wanting to protect your person from any insult
outrage
on coming ashore." The correspondence, up to this point, reflected the
tensity of the situation, and the animosity against the "Gaspee"
aroused
within a short time after her appearance in Rhode Island waters.
The searching of packet boats plying wholly within the waters of the
bay
could scarcely be justified without reasonable evidence that they
carried
cargoes that could be identified as smuggled.
Lieutenant Dudingston reported his correspondence with
Governor
Wanton
to Admiral Montagu at Boston; the latter wrote to Governor Wanton early
in April, asserting that the "Gaspee" had been sent to Rhode Island "to
protect your province from pirates, and to give the trade all the
assistance
he can, and to endeavor, as much as lays in his power, to protect the
revenue,
and to prevent (if possible) the illicit trade that is carrying on at
Rhode
Island." The Admiral continued: "He, sir, has done his duty, and
behaved
like an officer; and it is your duty as a governor to give him your
assistance,
and not to distress the King's officers from strictly complying with my
order. I shall give them directions that, in case they receive
any
molestation in the execution of their duty, they shall send every man
so
taken in molesting them, to me. I am also informed the people of
Newport talk of fitting out an armed vessel to rescue any vessel the
King's
schooners may take carrying on an illicit trade. Let them be
cautious
what they do, for, as soon as they attempt it, and any of them are
taken,
I will hang them as pirates. I shall report your two insolent letters
to
my officer, to his majesty's secretaries of state, and leave them to
determine
what right you have to demand a sight of all orders I shall give to all
officers of my squadron; and I would advise you not to send your
sheriff
on board the King's ship again, on such ridiculous errands. The
captain
and lieutenant have all my orders, to give you assistance whenever you
demand it, but further, you have no business with them; and, be
assured,
it is not their duty to show you any part of my orders or instructions
to them."
The Governor's answer was worthy of a Wanton: "Lieutenant
Dudingston
has done well in transmitting my letters to you, which I sent him; but
I am sorry to be informed there is anything contained in them that
should
be construed as a design of giving offence, when no such thing was
intended
' But Mr. Dudingston has not behaved so well, in asserting to you 'he
waited
on me, and showed me the admiralty and your orders for his proceedings,
which agreeably_to his instructions, he is so to do; but in that he has
altogether misinformed you; for he at no time ever showed me any orders
from the admiralty or from you; and positively denied that he derived
any
authority either from you or the commissioner; therefore, it was
altogether
out of my power to know, whether he came hither to protect us from
pirates,
or was a pirate himself. You say 'he has done his duty, and
behaved
like an officer.' In this I apprehend you must be mistaken; for I can
never
believe it is the duty of an officer to give false information to his
superiors.
As to your attempt to point out what was my duty as Governor, please be
informed that I do not receive instructions for the administration of
my
government from the King's admiral stationed in America....
254
The information you have received 'that the people of Newport talked
of fitting out an armed vessel to rescue any vessel the King's schooner
might take carrying on an illicit trade,' you may be assured is without
any foundation, and a scandalous imposition; for, upon inquiring into
this
matter I cannot find that any such design was ever conceived, or so
much
as talked of; and, therefore, I hope you will not hang any of his
majesty's
subjects belonging to his colony upon such false information. I
am
greatly obliged for the promise of transmitting my letter to the
secretaries
of state. I am, however, a little shocked at your impolite expression,
made use of upon that occasion. In return for this good office I
shall also transmit your letter to the secretary of state, and leave to
the King and his ministers to determine on which side the charge of
insolence
lies. As to your advice not to send the sheriff on board any of
your
squadron, please to know that I will send the sheriff of this colony at
any time, and to an place within the body of it, as I shall think
fit.
In the last paragraph of your letter, you are pleased flatly to
contradict
what you wrote in the beginning; for there you assert that Dudingston,
by his instructions, was directed to show me the admiralty and your
orders
to him; and here you assert that I have no business with them; and
assure
me that it is not his duty to show me them, or any part thereof."
Governor Wanton, in conformity with a vote of the General
Assembly,
transmitted the correspondence to London in May, with a letter relating
the circumstances, and an additional cause for complaint: "It is now my
turn to complain of Mr. Dudingston's illegal proceedings in carrying a
quantity of rum he had seized on board a small boat, lying within the
county
of Kent, in this colony, to Boston, for trial; notwithstanding, by the
Eighth of his majesty, it is expressly declared that all forfeitures of
this kind shall be tried in that colony where the offence is
committed."
Dudingston in a letter to Montagu referred to this seizure of twelve
hogsheads
of rum as "a bait the inhabitants of this government would willingly
put
in my way if that could fix the schooner," adding, "I could expect no
quarter
from people of that stamp. On the 20th the sloop was
condemned.
I have taken the liberty to enclose my letter to the commissioners for
your perusal, open; as it was the intention of the people here, to have
the sloop sold in the manner they have been used to, and which always
falls
into the old owner's hands, without opposition."
The Governor's letter to Hillsborough continued: "To recite
every
particular
of his unwarrantable procedure would, my lord, be too tedious.
Let
it then suffice, that since the 'Gaspee' and 'Beaver' have been
stationed
in this colony the inhabitants have been insulted without any just
cause,
with the most abusive and contumelious language; and I am sorry that I
have reason to say that the principal officers belonging to said
vessels
have exercised that power with which they are vested, in a wanton and
arbitrary
manner, to the great injury and disturbance of this colony. I
have,
my lord, constantly afforded the King's officers all the assistance in
my power in the legal discharge of their trust; but if any of them,
through
prejudice, ignorance of their duty, or youthful indiscretion, insult
this
colony, it is my duty as his majesty's Governor to remonstrate against
it."
The "Gaspee" continued to harass Rhode Island commerce; so far
as it
was possible to do so, it overhauled, boarded and searched for
contraband
every vessel entering or leaving any Rhode Island harbor, particularly
Providence vessels and small boats plying between Newport and places up
the bay and rivers. Relatively the results were meager in
captures
and confiscations. While there was smuggling in Rhode Island
waters
unquestionably, most of the traffic was lawful and regular. Besides
that,
Rhode Island captains were resourceful sailors, and soon learned
methods
of avoiding or escaping the "Gaspee." Decoys were used to draw the
"Gaspee"
off on merry chases, while other vessels took advantage of the
distraction
to sail without molestation. The English officers and their crew
were overbearing and insulting in their demeanor; the delays incident
to
searches were vexatious, and interfered seriously with the regular
sailing
of packets, planned to take full advantage of favoring winds and tides.
255
Newport seethed with the wrath at the prospect of a summer of
discontent;
in Providence the townspeople were welded into a solidarity of hatred,
easily stirred to determined action should occasion arise--as it
did.
Dudingston and the "Gaspee" were exactly the irritants needed to keep
alive
in Rhode Island the opposition to the English policy of taxing the
colonies.
Dudingston himself very wisely ventured not ashore; had he escaped the
summary reprisals visited upon other upstart and unpopular English
naval
officers, he would have been arrested in civil actions for damages
arising
from his illegal and wholly unwarranted interference with perfectly
legitimate
shipping. The exchange of correspondence between him and Governor
Wanton, and between the latter and Admiral Montagu indicated that
little
alleviation of the nuisance could be expected through the ordinary
channels
of official action.
The day of reckoning for Dudingston and the "Gaspee" came
early in
June.
On the eighth the "Hannah," Providence sloop, Captain Benjamin Lindsey,
from New York, sailed into Newport harbor, was entered at the custom
house,
and cleared to sail for Providence. On the following day, the
ninth,
about noon, Captain Lindsey beat out of Newport harbor, and was
followed
shortly after by the "Gaspee." Within a short time it became certain
that
Dudingston purposed overhauling the "Hannah." The latter was a good
sailor,
built on the lines that had given Rhode Island vessels a reputation for
speed, and Captain Lindsey had, no intention of submitting to search
while
it was possible to outwit Dudingston and outsail the "Gaspee." Perhaps
he planned exactly what happened later. After assuring himself that the
"Hannah" was more than a match for the "Gaspee," he permitted the
latter
to draw nearer, always avoiding the risk of a shot from the "Gaspee's"
cannon. Besides the advantage of speed, the "Hannah," being of
lighter
draft than the "Gaspee," could reach longer and farther into shoal
water
as she tacked up the bay against a fresh wind blowing from the
north.
Captain Lindsey soon observed that the "Gaspee" was following the
"Hannah"
almost recklessly, her pilot depending apparently upon Captain
Lindsey's
knowledge of the water rather than soundings or other
observation.
At Namquit Point, since known as Gaspee Point, Captain Lindsey hove the
"Hannah," which had been pointing east, sharply to the west, seemingly
to elude the "Gaspee," which was then in close pursuit. Captain
Lindsey
warily avoided shoal water and cleared the spit adroitly, but
succeeding
in enticing the "Gaspee," following heedlessly, so that the latter ran
hard aground on the sand bar. The tide was then about two hours
ebb
and falling fast; the "Gaspee" was caught securely, with no prospect of
escape short of returning high water some eight hours later, perhaps
ten
hours later because of the strong suction of the sand as the vessel
settled.
Taking care not to expose the "Hannah" to the broadside of the
"Gaspee,"
Captain Lindsey continued on to Providence, where he hastened to report
to John Brown, owner of the "Hannah," the mishap of the "Gaspee." It
was
then near dusk of the late June afternoon, and John Brown calculated
that
the "Gaspee" could not be moved earlier than midnight, perhaps three
o'clock
in the morning. John Brown, merchant, immediately became leader
in
an enterprise planning the destruction of the "Gaspee." Associated with
him were Captain Abraham Whipple, Captain John B. Hopkins, son of Esek
Hopkins, and nephew of Stephen Hopkins, and others of the merchants and
mariners and professional men of the town, including among the latter
John
Mawney, a surgeon, who, although enlisted in his professional capacity,
appears to have taken his part manfully in the hard, decisive combat on
the "Gaspee." Drummers were sent through the principal streets of the
town,
announcing the grounding of the "Gaspee," and calling for volunteers in
an expedition against her, to meet at the tavern kept by James Sabin,
at
what is now the northeast corner of South Main and Planet
Streets.
Meanwhile John Brown had sent messengers to borrow or commandeer eight
five-oared longboats, and gather them at Fenner's Wharf, near the
tavern.
256
The early evening hours were spent in the tavern, planning carefully
the details of the enterprise, while some of the party gathered in the
kitchen, melting lead and casting bullets. At ten the party, including
men who were described by Dudingston later as well-dressed gentlemen,
with
ruffled shirts and hair tied back and powdered in the prevailing
fashion,
embarked with sturdy sailors at the oars, and a sea captain at the
steering
oar of each of the longboats. No disguises were worn, but the
members
of the expedition were sworn to secrecy. John Brown had planned
the
enterprise and was a member of the party; Captain Abraham Whipple was
immediately
in command. With oars and thole pins muffled, the long, hard pull
down the river against the rising tide was undertaken without lights,
and
with silence enjoined on all.
Nearing the "Gaspee," care was taken to assemble the longboats
in
order
for the attack, which was bows on against the bow of the "Gaspee," thus
to avoid a broadside from the batteries of four guns on each side.
Sixty
yards away, the bow watch on the "Gaspee" challenged the Providence
party
but was not answered, as the flotilla moved closer. A second challenge,
also unanswered, brought Lieutenant Dudingston on deck without his
coat.
Again the call, "Who comes there?" and Captain Whipple answered: "I
want
to come on board." "Stand off, you can't come on board," shouted
Dudingston,
and Whipple thundered back, "I am the sheriff of the county of
Kent.
I, am come for the commander of this vessel, and have him I will, dead
or alive; men, spring to your oars!" Shots were fired from the "Gaspee,
" and answered from the boats. Dudingston, marked by his white
shirt
as he fought to repel boarders, fell to the deck with wounds in the
groin
and arm, from a musket fired by Joseph Bucklin. Thus was the
first
British blood shed in the Revolution, on the morning of June 10,
1772,
in the waters of Rhode Island. The attack had been well planned,
and the Providence men were courageous. The onset was vigorous,
the
boarders were quickly away and soon clambering over the bows and
gunwales.
With fists, clubs, stones and handstaves, principally, they quickly
swept
the deck and drove the crew of the "Gaspee" below deck. There was
little recourse to firearms after the first exchange of shots, because
of the danger to friends battling foes in hand-to-hand combat.
Lieutenant
Dudingston was carried to his cabin, and the members of his crew were
securely
tied.
There was no formal surrender; the "Gaspee" had been taken by
force.
Dr. Mawney, tearing his own shirt into strips to make the first
bandage,
dressed Dudingston's wounds and staunched the flow of blood.
Dudingston
was landed at Pawtuxet and taken to the home of Joseph Rhodes.
His
crew, after gathering clothing and other belongings, were landed on the
Warwick shore. The "Gaspee" was then set on fire, and burned to
the
water's edge after her shotted guns had fired their last salvo, as the
flames licked their sides, heated the barrels and exploded the
charges.
Lieutenant Dudingston heard the cannon from the shore. The
Providence
men rowed home and dispersed silently. A tradition persists in
Bristol
that a boat from that town, commanded by Simeon Potter, redoubtable
captain
of the "Prince Charles of Lorraine," privateer, joined the "Gaspee"
party.
While the distance between Providence and Bristol, and the lateness of
the hour at which the "Hannah" reached Providence, preclude the
probability
that John Brown dispatched a message to Simeon Potter requesting
assistance
by Bristol men, Simeon Potter was a resourceful mariner and might have
been present, nevertheless.
Immediately upon receiving news of the burning of the
"Gaspee,"
Deputy-Governor
Sessions visited Lieutenant Dudingston at Pawtuxet, to offer assistance
and to get "a declaration from his own mouth" respecting the
affair.
Dudingston seemed to have lost the haughtiness and overbearing
disposition
that had added insult to injury in his treatment of Rhode Island
captains
and crews previously. He refused to talk, both because of his
serious
illness and because of his duty to report first to his commanding
officer.
He anticipated court-martial because of losing his vessel; on his
return
to England a court-martial acquitted him.
257
The Deputy-Governor obtained affidavits from two of the crew of the
"Gaspee"; they were unable to identify any of the attacking
party.
On June 12, Governor Wanton offered a reward of £100 sterling to
any person or persons "who shall discover the perpetrators of the
villainy."
Admiral Montagu examined Midshipman Dickinson of the "Gaspee," and sent
to Governor Wanton a long affidavit signed by Dickinson. Captain
Linzee of the "Beaver," sloop, obtained the. statement of a mulatto
slave,
Aaron Briggs, in which the latter named John Brown and Joseph Brown, of
Providence, Simeon Potter of Bristol, Doctor Weeks of Warwick, and
(probably
Barzillai) Richmond of Providence. When a copy of this affidavit
was sent to Governor Wanton he took steps to investigate, and obtained
affidavits discrediting the slave's statement and to prove that the
latter,
far from being near the "Gaspee," was actually in bed on Prudence
Island,
when the attack occurred. Governor Wanton also requested Captain Linzee
to send the slave ashore for examination by the civil authority as a
basis
for indictments, but Linzee refused to deliver the slave to the deputy
sheriff who served a warrant, and treated the deputy sheriff in an
insulting
and abusive way. The testimony of the slave was thoroughly
discredited
by the evidence collected by Governor Wanton. Subsequently the
slave
confessed that he had taken advantage of an opportunity to board the
"Beaver"
while the latter lay near Island on the day following the burning of
the
"Gaspee", that he hoped thus to escape from slavery; that he had been
threatened
by Captain Linzee with hanging from the yard arm of the "Beaver" unless
he told all he knew about the "Gaspee"; and that he had made the
deposition
under duress. Lieutenant Dudingston himself was sued in a civil
action
for damages for sending one of his captures to Boston for trial, in
defiance
of an act of Parliament requiring condemnation proceedings in the
nearest
admiralty court; the judgment was entered against him.
The destruction of the "Gaspee" has been referred to as the
Lexington
of the sea, in the sense that it was a demonstration in arms by
irregularly
organized colonial forces against the organized naval force of his
majesty.
As such it was the turning point in the critical period. From
June
10, 1772, the trend in America was distinctly toward what appeared to
be
an inevitable recourse to war. The liberty party in America found
in the "Gaspee" affair a vindication of the freeman's right to resist
tyranny,
and drew from it a renewed devotion; loyalists made the destruction of
the "Gaspee" a pretext for fresh effort to induce England to resort to
force of arms to quell the American movement, and particularly for an
attack
upon Charter government. Governor Hutchinson of Massachusetts
urged
revocation of the Charter of Rhode Island. "The persons who were
immediate actors," he wrote of the "Gaspee" affair, "are men of estate
and property in the colony. A prosecution is impossible. If ever
the government of that colony is to be reformed, this seems to be the
time;
and it would have a happy effect in the colonies which adjoin it." In
another
letter he wrote: "So daring an insult as burning the King's schooner by
people who are as well known as any who were concerned in this last
rebellion,
and yet cannot be prosecuted, will certainly rouse the British lion,
which
has been asleep these four or five years." The British lion had been
aroused,
and extraordinary measures were prepared as the means whereby to
discover
those who had burned the "Gaspee" and to punish them. The King,
on
August 26, 1772, offered a reward of £500 for the discovery of
the
persons concerned in the "Gaspee" affair; an additional reward of
£500
for the discover of the persons "who acted as or called themselves, or
were called by their accomplices, the head sheriff or the captain"; and
an additional £500 for any member of the expedition except the
two
leaders, who should discover their companions. Neither this offer
nor the reward offered earlier by Governor Wanton elicited any
response,
although, because there had been no concealment or disguise, the
members
of the "Gaspee" party were well known in Providence, but not to all its
citizens.
258
Moses Brown did not know for years afterward that his brother, John
Brown, had been the leader or even a member of the "Gaspee" party.
A special commission, consisting of Governor Wanton, the Chief
justices
of New York, New Jersey and Massachusetts, and the judge of the vice
admiralty
court at Boston, was appointed to inquire into and report "all the
circumstances
relative to the attacking, plundering and burning of the 'Gaspee,'
schooner."
It was ordered that the persons concerned should be taken to England
for
trial, after first being delivered into the custody of Admiral
Montagu.
The accused were to be allowed to procure witnesses; these witnesses,
"together
with all such as may be proper to support the charges against them,
will
be received and sent hither with the prisoners." The commission was to
be supported, should occasion arise, by General Gage and the British
army
then in America, and by Admiral Montagu and the fleet. The
commission
met at Newport on January 5, 1773, and continued to hold daily
sessions,
Sundays excepted, until, January 22. It reassembled on May 26,
and
in June submitted a record of the testimony taken by it to the justice
of the Superior Court of Rhode Island. The justices discredited
the
testimony of the slave, Aaron Briggs as contradicted, and as obtained
in
the first instance by Captain Linzee's threat of "hanging him at the
yard
arm if he would not discover who the persons were that destroyed the
'Gaspee."
The justices found: "Upon the whole we are of opinion that the several
matters and things contained in said depositions do not induce a
probable
suspicion that the persons mentioned therein, or either or any of them,
are guilty of the crime aforesaid." The commission reported to the King
its inability to discover any tangible evidence that would justify an
indictment
or support a prosecution. Indeed, there was nothing finer
connected
with the "Gaspee' affair than the fact that no one was found who could
be induced by the liberal rewards offered to testify against the
leaders
and other members of the expedition. The episode was most
remarkable
for this magnificent demonstration of loyalty. The commissioners,
in spite of their failure to elicit testimony, found nothing of which
to
complain in the attitude or conduct of Rhode Island's Governor or other
officers, including the Deputy Governor, and the members of the
judiciary.
In its report the commission emphasized, as provocation for the
"Gaspee"
affair, the high-handed conduct, abusive insolence and a behavior of
Dudingston
in all his relations with the people of Rhode Island; and the
overbearing
and insulting attitude of English officers in dealing with Americans,
as
reasons for exasperation. 'The commissioners' report was
revealing
in this respect of the for unrest in America arising from the
disposition
of English officers to disregard utterly the legal rights of American
colonial
officers and inhabitants, and from their unveiled contempt for law and
for officers attempting to enforce law. Had wise counsels
prevailed
in England, the King's ministers could have read in the dignified
report
of the commission a lesson in diplomacy and statesmanship that the
ministry
sadly needed to learn, but appeared to be incapable of
understanding.
Perhaps it was personal loyalty to a King, whose sanity was doubtful,
and
whose obsession to rule approached madness, which blindfolded his
ministers
at a time when clear vision was the pressing need of the moment.
EFFECT ELSEWHERE--If the "Gaspee" affair awakened
patriots to
enthusiasm by the boldness of the stroke at tyranny and oppression, the
appointment of the commission, and the procedure outlined for sending
to
England suspects and witnesses as prisoners aroused them to fury.
The commission was the match needed to light a conflagration from Maine
to Georgia. A writer in the "Providence Gazette" of December 26,
1772, signing himself "Americanus," said: "A court of inquisition, more
horrid than that of Spain or Portugal, is established within this
colony
to inquire into the circumstances of destroying the 'Gaspee,' schooner;
and the persons who are the commissioners of this newfangled court, are
vested with most exorbitant and unconstitutional powers. They are
directed to summon witnesses, apprehend persons not only impeached, but
even suspected! and them, and every of them, to deliver to Admiral
Montagu,
who is ordered to have a ship in readiness to carry them to England,
where
they are to be tried.....
259
Is there an American in whose breast there glows the smallest spark
of public virtue, but who must be fired with indignation and resentment
against a measure so replete with the ruin of our free
constitutions.........
My countrymen, it behooves you, it is your indispensable duty to stand
forth in the glorious cause of freedom, the dearest of all your earthly
enjoyments; and, with a truly Roman spirit of liberty, either prevent
the
fastening of the infernal chains now forging for you, and your
posterity,
or nobly perish in the attempt. To live a life of rational beings
is to live free; to live a life of slaves is to die by inches.
Ten
thousand deaths by the halter or the axe are infinitely preferable to a
miserable life of slavery in chains, under a pack of worse than
Egyptian
tyrants, whose avarice nothing less than your whole substance and
income
will satisfy; and who, if they can't extort that, will glory in making
a sacrifice of you and your posterity, to gratify their master, the
devil,
who is a tyrant, and the father of tyrants and liars."
The "Gazette" of the period printed much of a similar strain
in the
form of extracts from alleged letters--a favored form of editorial
writing
in a period in which danger lurked in prosecution for treasonable
utterance
and criminal libel. The drastic, unconstitutional methods
resorted
to in England to silence Wilkes had not failed to teach Americans
lessons
in procedure which they used to good advantage in avoiding
responsibility
for direct assertion, which could be made with almost equal effect
through
indirect relation, The towns of Dorchester and Ipswich, Massachusetts,
adopted resolutions in town meeting condemning the royal commission as
"destructive of the main pillars of the British constitution," and "an
infringement upon the liberty of the subject, and of the most dangerous
consequence, as the constitution has already provided a method for the
trial of these and all other offenders." In the frequent reference to a
constitution embodying principles of law paramount to the legislative
authority
of Parliament may be traced the steady development of an idea that bore
fruit in America in the adoption of state and federal
constitutions.
The idea was very old in Rhode Island; it had been enunciated in the
very
first instance in which Rhode Island asserted a right existing under
the
Charter that was paramount to other authority; it had been maintained
for
a century previous to 1776 in relations with the English government.
VIRGINIA AND RHODE ISLAND RESOLUTIONS PROPOSE UNION--The
appointment
of the "Gaspee" commission was the occasion for revival of the
committees
of correspondence, and for the adoption of resolutions by colonial
assemblies
that marked a nearer advance to union and independence. On March
12, 1773, the House of Burgesses of Virginia adopted resolutions
creating
a standing committee of correspondence, including Peyton Randolph,
Richard
Henry Lee, Patrick Henry, Thomas Jefferson and seven others, "to obtain
the most early and authentic intelligence of all such acts and
resolutions
of the British Parliament, or proceedings of the administration, as may
relate to or affect the British colonies in America; and to keep up and
maintain a correspondence and communication with our sister colonies
respecting
these important considerations; and the results of such their
proceedings,
from time to time, to lay before this house." It was further "resolved
to instruct the committee, without delay, to inform themselves
particularly
of the principles and authority on which was constructed a court of
inquiry,
said to have been lately held in Rhode Island, with powers to transport
persons accused of offences committed in America to places beyond the
seas
to be tried." These resolutions were sent to Rhode Island by Peyton
Randolph,
Speaker of the Virginia House of Burgesses, and laid before the General
Assembly at the May session. The Assembly adopted resolutions (1)
creating a standing committee of correspondence, including Stephen
Hopkins,
Metcalfe Bowler, Moses Brown , John Cole, William Bradford, Henry
Marchant
and Henry Ward, and (2) requesting the Governor to deliver to the
committee
a copy of his commission as one of the members of the court of inquiry
and of other papers relating to the investigation of the "Gaspee"
affair.
260
The Virginia and Rhode Island resolutions, and a report of the
proceedings
of the "Gaspee" commission. were sent to other popular assemblies,
which
in turn ratified and adopted the joint resolutions and appointed
committees
of, correspondence. New Hampshire and Massachusetts joined
Virginia
and Rhode Island in May; Connecticut acted in June; South Carolina, in
July; Georgia, in September; Maryland and Delaware, in October; North
Carolina,
in December; New York, in January; New Jersey, in February;
Pennsylvania
was last of the thirteen, in July. The order of ratification is
related
to the time of assembly sessions rather than to willingness or
reluctance
to join in the common cause. The fact that is significant for
Rhode
Island is that it was the daring exploit of some of her citizens in the
destruction of the "Gaspee" that had started this movement, which had
produced
a complete organization for defence preliminary to a union for
aggressive
action. The letter written by Metcalfe Bowler, Speaker of the
Rhode
Island House of Deputies, to accompany the copy of the Rhode Island
resolutions
sent to Virginia and other colonies, reported the Rhode Island House of
Deputies as "persuaded that nothing less than a firm and close
union
of the colonies in the most spirited, prudent and coherent measures can
defeat the designs of those who are aiming to deprive them of their
inestimable
rights and privileges." Massachusetts echoed the proposal for union
in a resolution that "it has, for many years, been the policy of the
administration
to disunite, in order to govern the colonies; and this house is well
assured
that had the firm and lasting union now in prospect taken place early
in
the controversy, Great Britain and the colonies would at this day have
harmonized most happily together." The Speaker of the South Carolina
House
wrote: "As a close and firm union of the colonies is most certainly
necessary
for the general welfare, so ought the general endeavors of the whole to
be exerted in averting the dangers threatened to any part." Maryland
reported
its house as "sensible of the great utility of a perfect union among
the
colonies." North Carolina favored "united efforts and most strenuous
endeavors
to preserve the just rights and liberties of the American colonies." By
the time that Pennsylvania incorporated in its resolution one favoring
a congress of the colonies, other events had occurred to help make
straight
the way for union.
THE TAX ON TEA AND BOSTON PORT BILL--England's
persistent
retention
of the tax on tea as a precedent to support the theory of an imperial
parliament
was equalled by American resistance, which avoided the tax by refusal
to
import tea. In the battle for principle between a nation with a
reputation
for stubbornness and colonies that had inherited much of the same
characteristic
from the mother country, the East India Company was the actual
sufferer,
through loss of a most profitable market. Action to relieve warehouses,
bulging with tea intended for sale in America, was necessary, and
Parliament,
with the twofold purpose of overcoming American opposition and of
assisting
the East India Company, adjusted its trade policy so that tea, while
still
subject to the import duty of three pennies a pound, could be sold in
America
at price concessions that should, tinder ordinary circumstances,
stimulate
the trade. Large shipments to America were planned.
Citizens
of Philadelphia, selected as a port for entry of tea, protested and
adopted
resolutions. Of Rhode Island towns, Newport, Providence, Warren,
Westerly,
Little Compton, Middletown, South Kingstown, Jamestown, Hopkinton,
Bristol,
Richmond, New Shoreham, Cumberland and Barrington, perhaps others, each
in town meeting, adopted resolutions between, January and March,
1774.
The resolutions, while various in form, agreed generally in sustaining
one proposition, to wit, that all persons concerned with importing,
buying,
selling, distributing or using taxed tea were enemies of their
country."
Several of the towns appointed committees of correspondence, thus
participating
in a movement rapidly extending at the period and forming the nuclei
for
the community revolutionary committees of later days. Boston
expressed
its disapproval of taxed tea through the tea party of December 16,
1773,
and Parliament answered Boston by closing the port to commerce after
June
1, 1774.
261
This fresh threat to America was promptly recognized and appraised
in Rhode Island; Newport, on May 20, adopted resolutions, including the
following: "That we consider this attack upon them as utterly
subversive
of American liberty, for the same power may at pleasure destroy the
trade,
and shut up the ports of every colony in its turn, so that there will
be
a total end of all prosperity." Other towns joined with Newport in
resolutions
condemning the port bill, and as privation stared the people of Boston
in the face and many in the Massachusetts town were reduced to
starvation,
Rhode Island towns did more than pass resolutions of sympathy;
Scituate,
Glocester, Smithfield, Johnston, East Greenwich, Tiverton, South
Kingstown,
Providence, Newport, Cranston, North Kingstown, Warwick, Bristol, North
Providence and Little Compton sent assistance totalling £447 in
money,
besides 816 sheep and 13 oxen. In addition, large individual
contributions
of money were made by generous Rhode Islanders.
The Boston port bill was followed by other measures planned to
punish
Boston and overawe America; thus, General Gage was appointed Governor
of
Massachusetts; charter government was suspended in Massachusetts and
power
was centralized in the Governor; town meetings, except annual meetings
to elect municipal officers, were abolished; troops were quartered in
Boston,
and billeted in the homes of the inhabitants. Affecting America
generally,
English officers, civil and military, who might be charged with murder
in sustaining governmental authority, were ordered sent to England or
Nova
Scotia for trial, to relieve them of the ordeal of facing American
juries.
Parliament saved Canada for the empire, and thus robbed America of the
fourteenth colony, by passing the Quebec act, which restored the civil
law, returned and guaranteed church property to the Roman Catholic
Church,
and extended the boundaries of Canada west to the Mississippi and south
to the Ohio. This not only prepared the way for the failure of the
American
diplomatic mission sent to Canada soon after the Revolution was in
progress,
but also aroused rancor among American Protestants who were vigorously
intolerant and strengthened some of them in opposition to the mother
country.
The Quebec act was not one of the causes of the Revolution in Rhode
Island,
which still maintained the faith of the founders that a "civil state
may
stand and best be maintained with full liberty in religious
concernments."
The Quebec act was a toleration measure.
UNION OF AMERICA PROPOSED--A special town meeting was
held in
Providence on May 17, 1774, at which resolutions dealing with the port
bill situation were adopted, including the following: "That this town
will
heartily join with the Province of Massachusetts Bay and the other,
colonies
in such measures as shall be generally agreed on by the colonies for
the
protecting and transmitting the same to the latest posterity.
That
the Deputies of this town be requested to use their influence at the
approaching
session of the General Assembly of this colony, for promoting a
congress,
as soon as may be, of the representatives of the general assemblies of
the several colonies and provinces of North America, for establishing
the
firmest union, and adopting such measures as to them shall appear the
most
effectual to answer that important purpose, and to agree upon public
methods
for executing the same." This was the first official action taken
by
any legally organized political agency proposing a congress and a
permanent
union of the colonies. On May 28, the Virginia committee of
correspondence,
following the dissolution of the House of Burgesses for sedition, wrote
to committees in the other colonies: "The propriety of appointing
delegates
from the several colonies of British America to meet annually in
general
congress, appears to be a measure extremely important and extensively
useful,
as it tends so effectually to obtain the united wisdom of the whole, in
every case of general concern. We are desired to obtain your
sentiments
on the subject, which you will be pleased to furnish us with." The
Connecticut
committee of correspondence, under date of June 3, urged "that a
congress
is absolutely necessary, previous to almost every other measure."
Massachusetts,
on June 17, issued a call for a convention to meet in Philadelphia on
September
1.
262
Rhode Island had acted earlier in the month by appointing Stephen
Hopkins
and Samuel Ward "to represent the people of this colony in a general
congress
of representatives from the other colonies, at such time and place as
shall
be agreed upon by the major part of the committees appointed or to be
appointed
by the colonies in general." These were the first delegates elected
to the Congress of 1774.
At the same session the General Assembly adopted the following
resolutions:
"This Assembly, taking into the most serious consideration several acts
of the British Parliament for levying taxes upon his majesty's subjects
in America without their consent, and particularly an act lately passed
for blocking up the port of Boston; which act, even upon the
supposition
that the people of Boston had justly deserved punishment, is scarcely
to
be paralleled in history for the severity of the vengeance executed
upon
them; and also considering to what a deplorable estate this, and all
the
other colonies are reduced when, by an act of Parliament, in which the
subjects in America have not a single voice, and without being heard
they
may be divested of property, and deprived of liberty; do, after mature
deliberation, resolve: That it is the opinion of this Assembly that a
firm
and inviolable union of all the colonies, in councils and measures, is
absolutely necessary for the prevention of their rights and liberties;
and that, for that purpose, a convention of representatives from all
the
colonies ought to be held in some suitable place, as soon as may be, in
order to consult upon proper measures to obtain a repeal of the said
acts;
and to establish the rights and liberties of the colonies upon a just
and
solid foundation." The delegates were instructed to join with other
delegates
in preparing a petition to the King for redress of America's
grievances;
to "consult and advise upon all such reasonable and lawful measures as
may be expedient for the colonies in a united manner to pursue in order
to procure a redress of their grievances, and to ascertain and
establish
their rights and liberties; and to endeavor "to procure a regular and
annual
convention of representatives from all the colonies to consider of
proper
means for the preservation of the rights and liberties of the
colonies."
Rhode Island had been earliest to propose, through the
Providence
town
meeting, the Congress; first to elect delegates, and first to enunciate
clearly, in the resolutions adopted by the General Assembly, the plan
for
regular, annual meetings of Congress and the purposes thereof. In
December, 1774, the General Assembly received the report of its
delegates
to the Continental Congress held at Philadelphia on September 5, and
approved
it. At the same session Stephen Hopkins and Samuel Ward were
reappointed
as delegates to attend the Congress called to meet at Philadelphia on
May
10, 1775. The Assembly expressed itself in resolutions as "being
determined to cooperate with the other colonies on every proper measure
for obtaining a redress of the grievances and establishing the rights
and
liberties of the colonies upon an equitable and permanent foundation."
The delegates were directed "to enter into and adopt in behalf of this
colony all reasonable, lawful and proper measures for the support,
defence,
protection and security of the rights, liberties and privileges, both
civil
and religious, of all the said colonies, or any of them."
MILITARY PREPARATIONS--The probability of recourse to
arms in
determining the questions at issue and in defence of the colony was
foreseen
as early as May, 1773, when provision was made for repairing "all the
platforms
for the guns at Fort George agreeably to the directions of John Jepson
and Captain Esek Hopkins"; six new gun carriages were ordered for the
cannon
that belonged to the colony sloop. A year later, in June, 1774,
at
a session of the General Assembly at which a resolution was adopted,
condemning
the Boston port bill as a "direct violation of the rights and
liberties"
of the people, an independent military company, the Light Infantry for
the county of Providence, was chartered. The remainder of the
year
of 1774 bristled with military activity. Five independent
companies--the
Newport Light Infantry, the Providence Grenadiers, the Kentish Guards,
the Pawtuxet Rangers, and the Light Infantry of Glocester--were
chartered
in October; at the same session the regiment of in Providence County
was
divided into "three distinct regiments .... forming the whole into one
brigade."
263
The Scituate Hunters, the Train of Artillery of Providence County,
the Providence Fusiliers and the North Providence Rangers were
chartered
in December. The Train of Artillery and the Providence Fusiliers
were combined as the United Train of Artillery in April, 1775. A
share in the colony arms stored in Newport was apportioned to
Providence
County in August, 1774, the arms to be lodged at the Colony House in
Providence;
in December the colony arms were further apportioned to all the several
counties, and those in Providence to the several towns in the county.
Except two eighteen-pounders and one six-pounder and a small
quantity
of powder and shot to serve them, all the cannon, and all the powder,
shot
and stores at Fort George were removed to Providence early in
December.
Captain Wallace of H.M.S. "Rose," then stationed in Narragansett Bay
and
adjacent waters, returning on December 11 from a cruise to New London
found
the cannon gone and reported thus to Vice Admiral Graves: "Since my
absence
from this place (Newport), I find the inhabitants (they say here of
Providence)
have seized upon the King's cannon that was upon Fort Island,
consisting
of six twenty-four pounders, eighteen eighteen-pounders, fourteen
six-pounders,
and six four-pounders (the latter, they say, formerly belonged to a
province
sloop they had here), and conveyed them to Providence. A
procedure
so extraordinary caused me to wait upon the Governor to inquire of him,
for your information, why such a step had been taken. He very
frankly
told me they had done it to prevent their falling into the hands of the
King or any of his servants; and that they meant to make use of them to
defend themselves against any power that shall offer to molest
them.
I then mentioned if, in the course of carrying on the King's service
here,
I should ask assistance, whether I might expect any from him or any
others
in the government. He answered, as to himself, he had no power;
and
in respect to any other part of the government I should meet with
nothing
but opposition and difficulty. So much from Governor Wanton. ....
Among some of votes you will find they intend to procure powder and
ball
and military stores of all kinds, whenever they can get them."
The Assembly had voted to empower the captain of the Train
Artillery
"to purchase at the expense and for the use of the colony, four brass
cannon,
four-pounders, with carriages, implements and utensils necessary for
exercising
them, and that they be lent to the said company to improve them in the
exercise of cannon"; and had also voted to appoint a committee "to
purchase
as soon as may be, at the expense and for the use of the colony, 300
half-barrels
of pistol powder, each to contain fifty weight, three tons of lead and
40,000 flints, to be deposited in such place or places as the Honorable
Darius Sessions, Esq., Deputy Governor of this colony, shall direct,
and
to be delivered to the several colonels of the militia, and the
colonels
of the independent companies in this colony, so that each soldier,
equipped
with arms, according to law, may be supplied with such quantities
thereof
as by law is directed." Darius Sessions was to deliver powder, lead and
flints as directed. The firing of cannon or small arms, except on
public occasions, and for target practice, was forbidden the Militia
and
independent companies as a measure for saving powder; and it was
recommended
"to all the inhabitants of this colony that they expend no gunpowder
for
mere sport or diversion, or in pursuit of game." Simeon Potter of
Bristol,
was appointed Major General of the colony forces, and the militia act
was
amended in such manner as to require every enlisted soldier to have a
gun
and bayonet, to provide for monthly training and to provide for two
general
musters annually in April and October. The amended militia act
carried
also the significant provision: "That the captain general, lieutenant
general
and major general, or any two of them, be, and they are hereby, fully
authorized
and empowered to direct and order when, and in what manner, the forces
within this colony shall march to the assistance of any of our
sister
colonies when invaded or attacked; and also in what manner the said
forces shall be. provided and supplied; and also to direct and make use
of the cannon belonging to the colony, either in or out of the
colony,
as they may deem expedient."
264
Rhode Island was thus committed to a policy of "preparedness" at the
end of 1774. The session of December in that year closed with the
granting of a lottery to assist Jeremiah Hopkins of Coventry, gunsmith,
in furnishing himself with "such works, tools and instruments as are
necessary
for carrying on the said business .... so as to make guns or small arms
with advantage to himself and to others, by whom guns are much wanted
at
this time, when they cannot be imported from Great Britain."
CONDITION OF COLONY PRECEDING THE REVOLUTION--The total
population
of Rhode Island in 1774 was 59,678, of whom 54,435 were white, 3761
black,
and 1482 Indian. County populations were as follows: Providence:
19,206; Newport, 15,929; King's, 13,866; Kent, 7888; Bristol,
2789.
Newport was the largest town, with 9209 inhabitants., Other towns with
more than 2000 inhabitants were: Providence, 4321; Scituate, 3601;
Glocester,
2945; Smithfield, 2888; South Kingstown, 2835; North Kingstown,
2472;
Warwick, 2438; Coventry, 2023. One new town had been created in
the
decade since the close of the French and Indian War, when Barrington
was
set off from Warren in 1769. Petitions for the incorporation of
parts
of Warwick and Cranston as Pawtuxet (1765), and of the part of
Providence
lying west of the river as Westminster (1770) had not found favor with
the General Assembly. Recovering from economic losses during the French
and Indian War and from financial disturbances incident to the process
of replacing an inflated paper currency with coin had been rapid.
Newport had become most prosperous, with 11,000 population in 1769,
seventeen
manufactories of sperm oil and candles, five rope walks, three sugar
refineries,
one brewery, and twenty-two rum distilleries, according to Bull.
Five to six hundred vessels traded from Newport, including nearly 200
engaged
in foreign commerce, and over 300 in coastwise commerce. Yet in
competition
between the towns for the location of Rhode Island College, Newport
lagged
behind Providence in the amount of subscriptions and lost the
prize.
Manufacturing enterprises of considerable size had been established; a
petition by members of the Greene family of Warwick, requesting the
privilege
of damming the Pawtuxet River without building fish ways (1770) recited
the building of forges, anchor works and sawmills, employing upward of
100 persons. An evaluation of the colony in 1767 disclosed 8900
men
over eighteen years of age, and property rated at £2,111,295 or
$7,037,652.
The bulk of colony taxation in the ten years since the war had been
applied
to retiring paper currency; for the most part internal improvements
were
financed through lotteries, the proceeds of which were applied to
building
bridges and roads, paving streets, erecting courthouses, markethouses
and
wharves. Of quasi-public enterprises, churches were favorite
beneficiaries
of lotteries, sometimes for complete building and sometimes for a
steeple,
as in the instances of Trinity Church, Newport, and the Episcopal
Church
in Providence. In 1767, the parsonage of the Baptist Church at
Warren
was enlarged to accommodate the students of Rhode Island College then
living
with President Manning; in 1774, the General Assembly granted a lottery
for the construction of the First Baptist Church in Providence, one of
the noblest of colonial edifices in America, for the worship of
Almighty
God and for holding the public commencements of Rhode Island
College.
Lotteries were granted also for, private purposes, to relieve poor
debtors,
to assist in providing capital for new enterprises, to reimburse for
losses
by fire, wreck and accident, including a lottery to replace the Greene
enterprises at Warwick. The educational life of the colony was
wholesome;
the General Assembly chartered school societies, and occasionally
assisted
a school enterprise by lottery.
The incorporation of church societies indicated not only the
development
of settled churches with property interest, but also attention to the
religious
life of the people. Many denominations of Christians were
represented
in the liberal religious life of Rhode Island; and besides Christian
churches,
Hebrews had erected a synagogue in Newport, which was dedicated in
1763.
God had showered blessings upon Rhode Island; in contemplation of the
loss
of liberty and happiness, both threatened by the aggressive policy of
England,
the people turned to God: "Whereas the Supreme Being, upon account of
our
manifold sins, may have permitted the present invasions of American
liberty,
and every public evil with which we are threatened, it is therefore
voted
and resolved that Thursday, the thirtieth day of this instant June
(1774)
be set apart as a day of public fasting, prayer and supplication,
throughout
this colony, to beseech Almighty God to grant us sincere repentance; to
avert threatened judgment from us, and restore us to the full enjoyment
of our rights and privileges."
265
The same General Assembly that thus ordered a day of fasting and prayer
passed an act prohibiting the importation of negroes into the colony,
opening
with the following preamble: "Whereas the inhabitants of America are
generally
engaged in the preservation of their own rights and liberties, among
which
that of personal freedom must be considered as the greatest; as those
who
are desirous of enjoying all the advantages of liberty themselves
should
be willing to extend personal liberty to others."
MARCH TOWARD- LEXINGTON--The outstanding measures for
dealing
with the situation in America arising from England's determination to
tax
the colonies and from the drastic enforcement of the Boston port bill
were
(1) a non-importation agreement operative against all goods originating
in or manufactured in England or Ireland, (2) a non-exportation
agreement
supplementary to the non-importation agreement, and (3) military
preparedness
against invasion, To all of these Rhode Island was strongly
committed.
The year of 1775 opened with militia and independent military companies
arming and drilling in all parts of the colony; and with the economic
policy
confirmed by the Continental Congress completely in effect.
Committees
of inspection paid frequent visits to merchants, and care was taken to
inhibit so far as possible increase in prices because of scarcity of
certain
goods as supplies were depleted. Strict economy, and curtailment
of extravagance and luxury, were requested of patriots. Tea, long
boycotted, became an outlaw, not to be used after March 1, 1775; on
March
2, 1775, 300 pounds of tea, collected from shops, stores, warehouses
and
homes in Providence, were burned in Market Square, Providence.
The
Providence tea party was a perfectly orderly and wholly lawful
demonstration;
the "Providence Gazette" in its next issue carried an obituary notice
for
"Madame Souchong." Rhode Island was quiet, but waiting watchfully, and
all the time preparing earnestly.
When news of the battle of Lexington reached Rhode Island on
the
night
of April 19, 1775, no time was lost; in the morning not less than 1000
armed and disciplined soldiers began to march toward Boston, among them
the Kentish Guards, Nathanael Greene in the ranks, noticed particularly
because of his limp, by John Howland who watched from the
sidewalk.
The Rhode Island troops returned after having crossed the colony line
and
marched into Massachusetts, where they were met by a message that the
British
army had been driven back. into Boston and that the. movement for the
time
being was at an end. The General Assembly met at Providence two
days
later, April 22. The session was called for urgent reasons and devoted
principally to military measures. Twenty-five hundred pounds of
powder
and one-quarter part of the lead, bullets and flints belonging to the
colony
were apportioned to the towns. May 11 was designated as a day of
"fasting, prayer and humiliation." Samuel Ward and William Bradford
were
sent to Connecticut to consult with the General Assembly there on
"measures
for the common defence of the four New England colonies." Nathanael
Greene
replaced Samuel Ward on this delegation, as the latter had already been
reappointed a delegate to attend the Continental Congress, soon to meet
at Philadelphia. Resolving "at this very dangerous crisis of
American
affairs; at a time when we are surrounded with fleets and armies, which
threaten our immediate destruction, at a time when the fears and
anxieties
of the people throw them into the utmost distress and totally prevent
them
from attending to the common occupations of life; to prevent the
mischievous
consequences that must necessarily attend such a disordered state, and
to restore peace to the minds of the good people of this colony, it
appears
absolutely necessary to this Assembly that a number of men be raised
and
embodied, properly armed and disciplined, to continue in this colony as
an army of observation, to repel any insult or violence that may be
offered to the inhabitants; and also, if it be necessary for the safety
and preservation of any of the colonies to March out of this colony and
join and cooperate with the forces of the neighboring colonies," it
was voted to enlist 1500 men "with all the expedition and dispatch that
the nature of the thing will admit."
266
Against this measure Governor Wanton, Deputy Governor Sessions, and
two Assistants, Thomas Wickes and William Potter, "professing true
allegiance
to his majesty King George III," protested "because we are of opinion
that
such a measure will be attended with the most fatal consequences to our
Charter privileges; involve the country in all the horrors of a civil
war;
and, as we conceive, is an open violation of the oath of allegiance
which
we have severally taken upon our admission into the respective offices
we now hold in the colony." As a precaution for safety because of the
exposed
situation of Newport, it was ordered that the election meeting of May,
1775, should be held in the Colony House in Providence.
GOVERNOR WANTON DEPOSED--Joseph Wanton was reelected as
Governor
in May, 1775, but did not attend the session of the General Assembly
and
was not engaged as Governor. He sent a message to the General
Assembly,
pleading "indisposition" as his reason for absence, and urging
consideration
of a compromise proposed in a resolution adopted by the House of
Commons,
February 27, 1775. This resolution promised exemption from
duties,
taxes and assessments to colonies which of and by themselves undertook
to contribute a share of the expense of the common defence and to make
provision for the support of civil government and administration of
justice
in the colonies, approved by his majesty and Parliament. This
belated
compromise offer was interpreted in America as a device intended to
divide
them and destroy the union. Not all of the colonies were as ready
to fight for liberty as were Rhode Island and Virginia. The
compromise
had the appearance of a concession to the colonial assertion of an
exclusive
right to tax themselves. It was too late, however; no colonial
assembly
accepted the bait. Far from acceding to Governor Wanton's
request,
the General Assembly pursued the warlike policy inaugurated in the
preceding
year. Governor Wanton had neglected to issue the proclamation of
May 11 as a day of fasting and prayer as ordered by the Assembly of
April
22, and he refused to sign the commission for officers of. the "army of
observation." For these three reasons, that is: (1) neglect to take the
engagement of office; (2) failure to proclaim the day of fasting, and
(3)
refusal to sign commissions, "by all which," the General Assembly
resolved,
"he hath manifested his intentions to defeat the good people of these
colonies,
in their present glorious struggle to transmit inviolate to posterity
those
sacred rights they have received from their ancestors," and expressly
forbade
the Deputy Governor and Assistants or any of them to administer the
oath
of office to Joseph Wanton unless in open and free Assembly and "with
the
consent of such Assembly," and declared that until Joseph Wanton took
the
oath "as aforesaid, it shall not be lawful for him to, act as Governor
of this colony in any case, whatsoever; and that every act done by him
in the pretended capacity as Governor shall be null and void." The
Governor-elect
was thus suspended from office during the pleasure of the General
Assembly.
The suspension was confirmed at each of the two sessions of
June,
and
the session of August; at the October session the office of Governor
was
declared vacant, because "Joseph Wanton, by the whole course of his
behavior
hath continued to demonstrate that he is inimical to the rights and
liberties
of America and is thereby rendered totally unfit to sustain said
office."
The correspondence passing between Joseph Wanton and colonial officers
was friendly in tone. His late colleagues recalled his vigorous
defence
of the Charter and of colonial liberties throughout his years of
service
as Governor; he differed with them only in his unwillingness to risk by
an appeal to arms the association with England. There was no
rancor
in his letters; nor was there any disposition in the General Assembly
to
treat Joseph Wanton otherwise than in a spirit of kindness, although
the
leaders recognized that he could not, consistently with his views, join
them heartily in the program of resistance by force of arms.
267
In February the sheriff of Newport County was directed to demand
surrender
of the Charter and other papers and colony property in the possession
of
the deposed Governor; the sheriff reported that he had visited the
Wanton
home in the absence of the owner, and carried away a chest containing
the
property wanted. Of the others who joined Governor Wanton in the
protest against the "army of observation," Darius Sessions, Deputy
Governor,
was not reelected; in October he wrote a letter to the General
Assembly,
craving forgiveness, and "was received into their favor and
friendship."
William Potter, on explanation, was "reinstated in the favor of the
General
Assembly" on June 1. The name of Thomas Wickes appeared in one of the
colonial
committees of safety, indicating that he, too, had made peace with the
Assembly.
The Secretary of the colony had removed his records and office
from
Newport to Providence before the opening of the May session,
1775.
The General Assembly ordered the General Treasurer, "with the colony's
treasure," to remove to Providence. The Assembly proceeded with
legislation
for the thorough organization of the "army of observation." Soldiers
were
enlisted "in his majesty's service, and in the pay of the colony of
Rhode
Island, for the preservation of the liberties of America." The
army
was organized as a brigade of three regiments, with Nathanael Greene in
command as Brigadier General, and Thomas Church, Daniel Hitchcock, and
James M. Varnum, respectively, as Colonels. Each regiment consisted of
eight companies, and there was besides a train of light
artillery.
Arms and ammunition equipment, tents and provisions were purchased for
the complete equipment of the brigade. An issue of £20,000,
lawful. money bills, was authorized as a means whereby to finance
extraordinary
war expenditures. An embargo on shipments of food out of the
colony
was ordered, to assure abundant supplies for the soldiers. Within
a month Brigadier General Nathanael Greene and his three regiments
Rhode
Island soldiers, a train of light artillery and a siege battery of
heavier
guns, had joined the American army encamped on the heights about
Boston,
in which a British army lay besieged.
FIRST NAVAL ENGAGEMENT--H.M.S."Rose," Captain James
Wallace,
stationed at Newport in 1775, interfered so vexatiously with Rhode
Island
shipping that the General Assembly, in June, directed the Deputy
Governor
to write to Wallace and "demand of him the reason of his conduct toward
the inhabitants of this colony in stopping and detaining their vessels;
and also demand of him the packets which he detains." Governor Cooke
wrote,
as directed, assuring Wallace, in the concluding paragraph of the
letter:
"So long as you remain in the colony, and demean yourself as becomes
your
office, you may depend upon the protection of the laws, and every
assistance
for promoting the public service in my power. And you may also be
assured that the whole power of the colony will be exerted to secure
the
persons and properties of the inhabitants against every lawless
invader."
Wallace replied: "Although I am unacquainted with you or what station
you
act in, suppose you write on behalf of some body of people; therefore,
previous to my giving an answer, I must desire to know whether or not
you,
or the people on whose behalf you write, are not in open rebellion to
your
lawful sovereign and the acts of the British legislature!"
One of the packets had been converted into a tender for the
"Rose"
and
armed. The colony had already chartered and armed two vessels,
the
"Washington," carrying eighty men, ten four-pound guns and fourteen
swivel
guns; the "Katie," carrying thirty men. Abraham Whipple commanded the
larger
vessel and the fleet as Commodore. On June 15, the day on which
Wallace
answered Governor Cooke's letter, Commodore Whipple engaged the armed
packet,
and in a short but decisive battle captured her off the shore of
Conanicut. This was the first naval engagement in the Revolution,
fought by
a vessel commissioned as a unit in the navy of Rhode Island against an
armed vessel in the service of the British King. This first of
naval
battles between the ships of America and England resulted in a glorious
victory for the navy of America.
268
Captain Wallace, somehow, had learned that Commodore Whipple had
commanded
the "Gaspee" expedition. Smarting with chagrin and wrath because
of Whipple's victory, he wrote to the Commodore: "You, Abraham Whipple,
on the 10th of June, 1772, burned his majesty's vessel, the 'Gaspee,'
and
I will hang you at the yardarm." Whipple's answer was as complete and
as
laconic as Caesar's famous message, "Veni, Vidi, Vici," and Perry's
announcement
of the victory at Lake Erie, "We have met. the enemy and they are
ours."
"Always catch a man before you hang him," wrote Abraham Whipple.
In August, the Rhode Island navy, now mistress o the waters of
Narragansett
Bay, was supplemented by two row-gallies, fifteen oars on a side,
planned
to carry sixty men each, and, armed with one eighteen-pounder in the
bow
and a battery of swivel guns.
THE DRIFT TOWARD WAR--England discontinued the American
post
office service that had been developed with Benjamin Franklin as
Postmaster
General. This action was partly a gesture of displeasure with
Franklin,
who while in England had presented the cause of the colonists, and
partly
a measure intended to interrupt the communication between colonies that
was so indispensable for maintaining unity. Indeed, the post
office
had been an agency of inestimable value in furthering the work of the
colonial
committees of correspondence in their work, first, of producing that
unanimity
of opinion and agreement on measures that was essential for the success
of the American movement so long as it continued to be merely
resistant,
and, secondly, in preparing for the active Revolution in its positive
stages.
William Goddard, who had been the first editor and publisher of the
"Providence
Gazette," but was at the time in Baltimore and Philadelphia, undertook
to reestablish the post office as an American system exclusively.
This was at first an intercolonial enterprise; in June, 1775, the Rhode
Island General Assembly voted to "join with the other colonies in
establishing
post offices and post riders, in order to preserve an intercourse
between
the 'different colonies, which will prove so beneficial to the public
as
well as to individuals." Post offices were established at Providence,
Warren,
Bristol, Newport, Tower Hill (South Kingstown) and Westerly. -The
offices
indicated the line of communication; later, when the British vessels at
Newport displayed an inclination to interrupt the postal service and
actually
seized the mail on one occasion, the route was reorganized. with
Providence
as an exchange station. The Newport post rider carried mail for
westward
points to Providence on his way to Cambridge, and on, the return trip
from
Cambridge-received at Providence mail from the west for Warren, Bristol
and Newport. From Providence, westward mail was sent and received
over the post road to New London. This Rhode Island postal
service
antedated the system of post offices, established by Congress, of which
it became a part by incorporation.
Following the battle of Bunker Hill, the General Assembly was
called
together in special session at Providence on June 28.
Reinforcements,
consisting of six companies of sixty men each, two companies to be
added
to each of the regiments, were ordered enlisted, armed, equipped and
sent
forward to join the Rhode Island army of observation encamped near
Boston.
The army, by vote of the General Assembly, was placed under the command
and direction of the Commander-in-Chief of the combined American
army.
One-fourth of the militia was ordered enlisted as "minute men," to meet
and drill one-half day each fortnight, and to March for the defence of
the colony "when and as often as they shall be called upon by the
colonel
of the regiment to which they respectively belong." Every man in the
colony
able to bear arms was ordered to "equip himself completely with arms
and
ammunition." An inventory of powder, arms and ammunition was ordered;
and
committees were directed to collect all the "saltpetre and brimstone"
in
the colony and forward it to the Provincial Congress at New York.
Signal beacons were established, at Tower Hill in South Kingstown, and
on Prospect Hill (Terrace) in Providence. A fire on the latter
shown
as a test, was seen at New London, sixty miles southwest, and at
Cambridge,
fifty miles northeast. The guns remaining at Fort George were
removed
to Newport for the immediate defence of the town. Thus was Rhode
Island prepared for defence, while watchers stationed on Tower Hill
scanned
the ocean for sight of a hostile squadron of ships.
269
No one in Rhode Island any longer doubted the reality of war.
DECLARATION OF INDEPENDENCE--The statute permitting and
regulating
appeals from Rhode Island courts to his majesty was repealed in 1775.
There
remained only one more tie to be dissolved to complete the separation
of
Rhode Island from the mother country. That was the personal,
individual
allegiance of the freemen-citizens to his majesty. In 1756 the
General
Assembly, in the stress of the French and Indian War, and as a war
measure
to subdue murmuring opposition to the colony's vigorous war policy, had
passed "An act for the more effectually securing to his majesty the
allegiance
of his subjects in this his colony and dominion of Rhode Island and
Providence
Plantations." Under the provisions of this act any inhabitant,
suspected
of disaffection or disloyalty, might be called before a colonial court
or officer and required to subscribe to a test oath of allegiance. The
measure had not been popular, and its provisions had been enforced only
in aggravating instances in Rhode Island. On May 4, 1776, the
Rhode
Island General Assembly repealed the statute of 1756, thus discharging
the inhabitants of the colony from allegiance to the King. The
name
of the King was ordered stricken from all commissions, writs, civil
processes
and civil proceedings, and in place thereof inserted as a substitution
"The Governor and Company of the English Colony of Rhode Island and
Providence,
Plantations." Thus the Rhode Island Assembly anticipated by two months
the Declaration of Independence by Congress, by enacting its own
Declaration
of Independence on May 4, 1776. The Rhode Island Declaration of
Independence,
in its original writing, has been identified as the work of Jonathan
Arnold.
The text follows:
AN ACT OF INDEPENDENCE
BY THE COLONY OF RHODE ISLAND AND
PROVIDENCE
PLANTATIONS,
PASSED BY THE GENERAL ASSEMBLY AT THE OLD STATE HOUSE IN
PROVIDENCE,
MAY 4, 1776
AN ACT
Repealing an act, entitled "An act, for the
more
effectually
securing to His Majesty the allegiance of his subjects in this, his
Colony
and dominion of Rhode Island and Providence Plantations." And altering
the forms of Commissions, of all writs, and processes in the Courts,
and
of the oaths prescribed by law.
Whereas, in all states of visiting by
compact,
Protection
and allegiance are reciprocal, the latter being only due in consequence
of the farmer; and,
Whereas, George the Third, King of Great
Britain, forgetting
his dignity, regardless of the compact most solemnly entered into,
ratified
and confirmed to the inhabitants of the Colony by his illustrious
ancestors,
and till of late, fully recognized by him, and entirely departing from
the duties and character of good King, instead of protecting, is
endeavoring
to destroy the good people of this Colony, and of all the United
Colonies,
by sending fleets and armies to America to confiscate our property, and
spread fire, sword and desolation throughout our country, in order to
compel
us to submit to the most debasing and detestable tyranny; whereby we
are
obliged by necessity, and it becomes our highest duty, to use every
means
with which God and nature have furnished us, in support of our
inviolable
rights and privileges, to oppose that power which is exerted only for
our
destruction.
Be it therefore enacted by this General
Assembly, and
by the authority thereof it is enacted, that an act, entitled "An act
for
the more effectually securing to His Majesty the allegiance of his
subjects,
in this his Colony and dominion of Rhode Island and Providence
Plantations,"
BE, AND THE SAME IS HEREBY REPEALED.
And be it further enacted by this
General
Assembly,
and by the authority thereof, it is enacted, that in all commissions
for
offices, Civil and Military, and in all writs and processes in law,
whether
original, judicial or executory, civil or criminal, whereon the name
and
authority of the said King is made use of, the same shall be omitted,
and
in the room thereof, the name and authority of the Governor and Company
of this Colony shall be substituted in the following words to wit:
THE GOVERNOR AND COMPANY OF THE ENGLISH
COLONY OF
RHODE
ISLAND AND PROVIDENCE PLANTATIONS
That all such commissions, writs and
processes
shall be
otherwise of the same form and terms as they heretofore were; that the
Courts of law be no longer entitled nor considered as the King's
Courts;
and that no instrument in writing, of any nature or kind, whether
public
or private shall, in the date thereof, mention the year of the said
King's
reign.
270
PROVIDED, nevertheless, that nothing
in
this
act contained shall render void or vitiate any commission, writ,
process
or instrument heretofore made or executed, on account of the name and,
authority of the said King being therein inserted.
SIGNIFICANCE OF DECLARATION--The significance of the Rhode
Island Declaration of Independence was recognized immediately. Governor
Cooke, writing to General Washington on May 6, said: "I also enclose a
copy of an act discharging the inhabitants of this colony from
allegiance
to the King of Great Britain, which was carried in the House of
Deputies,
after a debate, with but six dissenting voices, there being upward of
sixty
members present." The General Assembly had been elected by the people
within
a few days of the Declaration, and there scarcely could be any doubt of
the people's sentiment. Governor Cooke's letter continued: "The lower
house
afterward passed a vote for taking the sense of the inhabitants at
large
upon the question of independence; but the upper house represented to
them
that it would probably be discussed in Congress before the sense of the
inhabitants could be taken and transmitted to the delegates; in which
case
the colony would lose their voice, as the delegates would be under the
necessity of waiting for instructions from their constituents; and
further
observed that the delegates, when they should receive a copy of the
vote
renouncing allegiance to the British King, and their instructions,
could
not possibly be at a loss to know the sentiment of the General Assembly
upon this; the matter was dropped." Immediately after its passage the
act
of May 4, 1776, was printed in the form of a proclamation duly signed
and
attested, and copies were posted conspicuously in public places
throughout
Rhode Island. Other copies were sent to the assemblies of the
twelve
remaining American colonies. Colonial newspapers gave the
Declaration
further publicity. The "Providence Gazette and Country journal"
of
May 11, 1776, carried a brief paragraph as follows: "The General
Assembly
at their late session passed an act entitled," etc. The
"Providence
Gazette and Country Journal" on May 11 and thereafter no longer carried
the royal arms of Great Britain at the head of its columns; the
"Gazette"
had declared its independence and had cast its lot with Rhode
Island.
The "Boston Gazette" of May 20 mentioned the passage of the Rhode
Island
act. The "Continental Journal" printed the Rhode Island act in
complete
text on May 30. The "New England Chronicle" of May 23 printed the
Rhode Island act in full, giving it the place of primary importance in
the news, at the top of the first column of the first page. In
England,
also, the momentous action taken by Rhode Island was keenly
appreciated.
The "London Chronicle" for August 3, 1776, printed the full text of the
Rhode Island Declaration of Independence, giving it nearly a column
under
the headline "Rhode Island. All allegiance to the Crown of
Britain
Renounced by the General Assembly." Other publications by London
newspapers
were as follows: "Morning Chronicle and London Advertiser," "Daily
Advertiser,"
"Gazeteer and New Daily Advertiser," August 5; and "Morning Post and
Daily
Advertiser," August 6. The lapse of three months before publication in
England indicated the delay in the travel of news across the Atlantic
Ocean
in 1776. The "Remembrancer," and "Impartial Repository of Public
Events,
printed in London in 1776, published the Rhode Island act of May 4,
1776,
in complete text. Stephen Hopkins, on May 15, wrote to Governor
Cooke:
"I observe that you have avoided giving me a direct answer to my
queries
concerning independence; however the copy of the act of the Assembly,
which
you have sent me, together with our instructions, leave me little room
to doubt what is the opinion of the colony I came from." The
instructions
contained his significant caution: "Taking greatest care to secure to
this
colony, in the strongest and most perfect manner, its present
established
form, and all the powers of government, so far as relate to its
internal
police and conduct of our own affairs, civil and religious." In this
statement
lay an exposition of the principle that would guide Rhode Island in its
attitude toward the Confederation of the United States, and toward the
Constitution of the United States in the critical period preceding
ratification.
The instructions also authorized Rhode Island's delegation to Congress
to join with their colleagues from other colonies in "treaties with any
prince, state or potentate," which would be altogether inconsistent
with
continued allegiance.
271
The Rhode Island General Assembly adjourned on Sunday, May 5, 1776,
the day following the declaration. On May 6 Governor Cooke issued a
proclamation
setting apart a day of prayer and fasting in the state. From this
proclamation, in complete accord with the act of May 4, all mention of
the King's name and the customary prayer for the King were
omitted.
Instead the proclamation included a prayer for America in the form,
"God
Save the United Colonies." The General Assembly met again at Newport in
June. On Sunday, June 16, the Governor, Deputy Governor and other
general
officers, and the seventy-two members of the General Assembly signed a
document which set aside for all time any doubt as to the meaning of
the
act of May 4. This document clinched the Rhode Island Declaration of
Independence
in the following language: "We, the subscribers, do solemnly and
sincerely
declare that we believe the war, resistance and opposition in which the
United Colonies are now engaged against the fleets and armies of Great
Britain, is on the part of said colonies, just and necessary: And that
we will not directly nor indirectly afford assistance of any sort or
kind
whatever to the said fleets and armies during the continuance of the
present
war, but that we will heartily assist in the defence of the United
Colonies."
At the same June session action was taken to seize and take over the
customs
houses, and to replace English revenue officers with Rhode Island
revenue
officers. Imports from England and from English colonies were
permitted,
but exports to England were forbidden. The English court of
admiralty
established at Newport was abolished; the sheriff of Newport County was
ordered to demand from the advocate general of the court his English
commission
and to deliver it to the Governor of Rhode Island. The seizure of
customs houses and the abolition of the court were of themselves acts
of
war. To deal effectively with treason, suspected of alleged
Tories,
the formal engagement of allegiance signed by the general officers and
members of the General Assembly was prescribed for signature by persons
whose loyalty was doubted. Arrest and imprisonment followed
failure
to sign. The engagement of June 16 confirmed the act of May 4.
The
several other measures of the June session served to indicate the
firmness
of purpose with which the General Assembly and the people of Rhode
Island
had entered upon the war to maintain their independence. The
effect
of these measures appeared in the unrelaxed earnestness with which
Rhode
Island continued to bear its share in the seven years of tremendous
struggle.
And the example of the people of Rhode Island was not lost upon the
people
of the United Colonies. On July 4 Congress adopted the immortal
Declaration
of Independence, two months after Rhode Island had pointed out the way.
____________________________________________
Comment by historians on the Act of May 4, 1776.
May 4 (1776), Rhode Island formally declared her independence
of
Great
Britain, by a solemn act, abjuring her allegiance to the British
Crown......
It constitutes Rhode Island as the oldest independent state in
America.--E.
Benjamin Andrews.
Thus the first colony to declare her absolute independence of
the
crown,
was Rhode Island.--Bryant and Gay.
The despondency and hesitation of the assembly of Pennsylvania
was
in
marked contrast with the fortitude of Rhode Island, whose general
assembly,
on the fourth day of May (1776), passed an act, discharging the
inhabitants
of that colony from allegiance to the king of Great Britain.....
The overturn was complete; the act was at once a declaration of
independence,
and an organization of a self-constituted republic.--Bancroft.
The last colonial assembly of Rhode Island met on the first
day of
May
(1776). On the fourth, two months before the Congressional
declaration
of independence, it solemnly renounced its allegiance to the British
crown,
no longer closing its session with "God Save the King!" but taking in
its
stead, as expressive of their new relation, "God Save the United
Colonies!"--Green.
The first state actually to declare herself independent of
Great
Britain
was Rhode Island. This act was passed May 4, 1776.--Mowry.
In this wise, in May, 1776, the Rhode Island and Providence
Plantations,
before any other colony declared their absolute independence of the
British
crown.--Smith.
272
It is believed to be the earliest vote of the kind passed by any of
the colonies. It severed the connection between Rhode Island and
the British crown, and the English colony of Rhode Island became
henceforth
a sovereign state.--Staples.
Rhode Island, from that moment, became, and is at this day,
the
oldest
sovereign and independent state in the western world.--Durfee.
THE GENERAL ASSEMBLY OF MAY 4, 1776.
Governor--Nicholas Cooke, of Providence.
Deputy-Governor--William Bradford, of Bristol.
Secretary--Henry Ward, of Newport.
Attorney-General--Henry Marchant, of Newport.
General Treasurer--Joseph Clarke, of Newport.
GENERAL ASSEMBLY
Assistants (Senators).
Ambrose Page, of Providence John Jepson, of Portsmouth
James Arnold, of Warwick Thomas Church, of Little Compton
Simeon Potter, of Bristol Peter Phillips, of North Kingstown
John Sayles, Jr., of Smithfield William Potter, of South Kingstown
John Collins, of Newport Jonathan Randall, of Westerly
Deputies (Representatives).
Speaker of the House--Metcalfe Bowler, of Portsmouth.
Clerk of the House--Josiah Lyndon, of Newport.
Newport
Mr. John Wanton,
Mr. Samuel Fowler,
Mr. George Sears,
Mr. Gideon Wanton,
Mr. Thomas Freebody,
Col. Joseph Belcher.
South Kingstown
Capt. Samuel Seagar,
Mr. Samuel Babcock.
Charlestown
Capt. Joseph Stanton, Jr.
Mr. Jonathan Hazard.
Bristol
Mr. Shearlashub Bourn,
Col. Nathaniel Pearce.
Glocester
Mr. Richard Steere,
Col. Chad Brown.
Tiverton
Mr. Gideon Almy,
Col. John Cooke.
Providence
Col. Jonathan Arnold,
Mr. John Brown,
Mr. John Smith,
Col. Amos Atwell.
West Greenwich
Mr. Thomas Tillinghast,
Mr. Judiah Aylworth.
Little Compton
Capt. Thomas Brownell,
Mr. Daniel Wilbur.
Coventry
Mr. Ephraim Westcott,
Mr. Jeremiah Fenner.
Portsmouth
Mr. Metcalfe Bowler,
Mr. John Coddington,
Mr. John Thurston.
Warren
Mr. Cromwell Child,
Col. Sylvester Child.
Exeter
Mr. George Pierce.
Cranston
Mr. Andrew Harris,
Mr. Zuriel Waterman.
Cumberland
Mr. John Dexter,
Capt. Elisha Waterman.
Middletown
Mr.Joshua Barker,
Mr.Nicholas Easton.
Richmond
Mr. Samuel Tefft,
Major Richard Bailey.
East Greenwich
Mr. Job Comstock,
Mr. Thomas Shippee.
Johnston
Mr.John Fenner,
Mr. Peleg Williams.
Warwick
Mr. William Greene,
Mr. Jacob Greene,
Mr. Charles Holden, Jr.,
Col. John Waterman.
Jamestown
Capt. Samuel Carr,
Mr. Benjamin Underwood.
North Providence
Major Thomas Olney,
Mr. Jonathan Jenckes, Jr.
Smithfield
Mr. Daniel Mowry, Jr.,
Capt. Andrew Waterman.
Barrington
Mr. Edward Bosworth,
Capt. Thomas Allin.
Westerly
Maj.-Gen. Joshua Babcock,
Col. John Noyes.
Scituate
Col. William West,
Mr. Christopher Potter.
Hopkinton
Mr. John Larkin,
Mr. Thomas Wells.
North Kingstown
Mr. John Northup,
Mr. Sylvester Gardner.
END of Chapter
XI: "The
Impending
Revolution" excerpted from Rhode Island: Three Centuries of
Democracy,
by Charles Carroll.
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