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the three more constant towns. Leete was again chowas " Governor. Two of the elect Magistrates, Treat of Milford and Nash of New Haven, declined to serve. When the General Court of New Haven announced their final determination respecting the matters in dispute with Connecticut, they “desired Mr. Davenport and Mr. Street to draw up in writing all their grievances,” to be laid before the General Assembly of Connecticut in the second following month. The elaborate and forcible paper, prepared and transmitted under this order, bears the title of “New Haven's Case Stated.” It recounts in full the history of New-Haven Colony; its past relations to Connecticut; its exertions and sacrifices for the common cause ; the acknowledgments of its independence and integrity on the part of the other confederate Colonies; the engagement made by Winthrop, at the time of his suit for a charter, that no invasion of the rights of New Haven should be allowed; and the later unfriendly proceedings of Connecticut. It contends that only by uncertain construction, contradicted by other considerations of weight, could it be argued that it was the royal pleasure that the separate existence of New Haven should cease. “The premises duly weighed,” say the Court through these writers, “it will be your wisdom and way to desist wholly and for ever from endeavoring to draw us into a union under your patent by any treaty for the future, and to apply yourselves to your duty towards God, the King, and us.” And it concludes by showing how duty in each of these relations would oblige their neighbors to desist from their present course. The Record of the Connecticut Court contains no notice of this plea." Good judgment was shown in abstaining from an attempt to answer it.

Jan. 7.

March 9,

* In the Archives of Connecticut in the handwriting of Allyn. Whether there is a draft of an answer, mostly it was sent, or made public, is uncertain. Mr. Hoadly has printed it (N.H. Rec., II. 530-537). Allyn was an able man, but he was not John Davenport, to say nothing of the causes of which they were respectively the champions. It is far from clear, however, that Allyn was the author of this paper, which is supercilious and offensive. The Latin quotations, the illustrations from the Old Testament, and the lofty tone, so foreign from the usual tone of the soft-spoken Secretary, indicate rather a clergyman's hand. Stone did not write it, for he did not justify his Colony. (N. H. Rec., II. 522.) * See above, p. 354. * At the time when the ninth chapter of this volume passed from my hands, I had given up the hope of ever seeing the instrument by which the “commission” of Coddington was revoked, having diligently sought it in vain in the places, both in England and in America, which appeared likely to reward the quest. (See above, pp. 357, 359.) Since then, through the kindness of Dr. King, of Newport, I have been furnished with a copy of it, made from a transcript in the handwriting of William Lytherland, which came into Dr. King's possession in a parcel of ancient writings. Lytherland was Town Clerk of Newport in 1653. The paper is as follows:– “Gentlemen, – The Council have been informed that Mr. Coddington, sent from hence Governor of Rhode

In the progress of his negotiation for a charter for his Colony, Winthrop had unexpectedly found himself obstructed by the interference of John Clarke, ... of Rhode Island, who had remained in England in England. since the time when he went thither on his errand * to the Parliament." After Clarke's main business had been concluded by the annulling of Coddington’s “commis

sion,” his fellow-citizens from time to time employed him about some miscellaneous affairs, and especially in keeping

Island, hath so behaved himself as hath produced great matters of complaint against him, now depending before us. The consequence thereof hath been the bringing of things there into great disorders and extremities amongst yourselves, by means whereof the whole Colony is exposed as a prey to the Dutch, the enemies of this Commonwealth, who (as we are informed) have designs upon that place in the absence of the Governor that hath withdrawn himself. Upon consideration of all which, we have thought it necessary, for the present, and until further direction and order be given by the Parliament, or this Council, for settling that Colony, to authorize you, and do hereby authorize you, to take care for the peace and quiet thereof, according to such orders and instructions as hath been given you by virtue of any ordinances or acts of Parliament. And, the better to defend the Colony against the Dutch, power is hereby given you to raise such forts and otherwise arm and strengthen your Colony, for defending yourselves against the Dutch, or other enemies of this Commonwealth, or for offending them, as you shall think necessary; and also to take and seize all such Dutch ships and vessels at sea, or as shall come into any of your harbors, or within your power, taking care that such account be given to the State as is usual in the like cases. And, to that end, you are to appoint one or

up their communication with the Republican government

Relations of Rhode Island to the Eng

and with Cromwell,
protection in those quarters.' Through him they

and securing good-will and

lish common presented “letters of humble thanksgiving to his

wealth.

ja Highness the Lord Protector, Sir Henry Vane, letter of humble thanksgiving to the Lord President of the Council, in which was their prayer to his ico. Lordship to present their humble submission and ** acknowledgment to his Highness the Lord Protector.” They entrusted to him a memorial “to his Highness and Council,” accompanied by a letter to himself, in which they congratulated themselves on his “interest in the hearts of their superiors, those worthy and noble Senators with whom he had to do in their behalf,” and protested that their “continued and unwearied wishes after the comfortable, honorable, and prosperous proceedings of his Highness and Honorable Council, in all their so weighty affairs, departed not out of their hearts night or day,” and “that they flew as to their refuge, in all civil respects, to his Highness and Honorable Council, as not being subject to any others.” And through him they con- 16:9. veyed their Address to the Protector Richard, in * * which they set forth their “unexpressible sorrow” for “the late departure of his and the nation's most renowned lord and father,” and their “great joy that it had pleased God to provide for the three nations and themselves such a cordial” as was applied in the accession of the new sovereign.” At the first meeting of the government of proclaiming Rhode Island after the arrival of tidings of the “..."

Sept. 13.

and Mr. Holland.””

more persons to attend the care of that
business; and we conceive the bearer
hereof, Mr. William Dyer, is a fit man
to be employed therein; and you are
to give account of your proceeding to
the Parliament or Council.
“Signed in the name and by order of
the Council of State appointed by
authority of Parliament,
“JAMEs HARINGTON, Presid'.
“Whitehall, 2 October, 1652.
“Jo. THURLoe, Clerk of the Council.
“Magistrates and Free Inhabitants of
Providence Plantation.

“A true copy by me.
“WILL. LYTHERLAND,
Town Clerk (Newport).”

The discovery of this paper gives significance to two memoranda which I obtained in England. One is an entry in the “Draft Order Books” of the Commonwealth's Council of State: —

“29th September, 1652. [It was ordered] that the business concerning Rhode Island be referred to the consideration of the Committee for Foreign Affairs.”

The other is from a volume containing imperfect memoranda of the proceedings of that Committee, viz.:

“1st October, 1652. That it be reported to the Council that a letter be written to the Plantation of Rhode Island in New England, to give them power to stay all Dutch ships, and to appoint some fit and able person to take care of them, and preserve the state.”

By his advice they sent “a

It was doubtless by the authority of these votes that Harington wrote the letter copied above. One naturally imagines that Clarke was at his ear when it was composed. In Newport this letter was interpreted as an authoritative restoration of the order of things, as formerly established under Williams's charter before Coddington's “obstruction ; ” and a copy was sent, with proposals founded upon it, to the “Commissioners” of the mainland towns (R. I. Rec., I. 259– 261), though a copy had at first been refused (Ibid., 269; comp. 383), perhaps from distrust of the construction which would be put upon it elsewhere. Coddington, however, — to whom were imputed the representations made in England respecting danger from the Dutch (Ibid., 328, 329), — found the tide turned too strongly against him, and gave up the struggle, leaving the towns free to fall back upon the authority to frame their own government, which had been obtained for them by Williams ten years before. In the circumstances thus elucidated, our surprise is lessened at Coddington's saying that he had not “seen anything to show that his commission was annulled.” (See above, p. 359.) * R. I. Rec., I. 328, 346, 364, 395, 416, 421, 422. * Ibid., 283. At the same time they “ordered, that all transactions that had passed formerly under the title of the Bodies of the Liberties of England, &c., should from henceforth be issued out

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restoration of King Charles, orders were passed or is

1658. Nov. 5.

in the name of his Highness, the Lord
Protector of the Commonwealth of

Council of State, and from his new
“Highness's dearest father;” and they

England, Scotland, and Ireland, and
the dominions thereto belonging.”
* R. I. Rec., I. 317, 318; comp. 321.
* Ibid., 395–399.
* Ibid., 414. The General Assem-
bly recounted in their Address the
favors which had been received from
the Long Parliament, from the Com-
missioners for the Colonies, from the

professed that, “for his Highness's per-
son, their deepest wishes and humble
desires unto God, the Father of lights,
were for a double portion of his blessed
father's spirit to be poured down into
his Highness's noble breast.” They
had caused Richard to be formally
proclaimed in each of their towns two
months before. (Ibid., 407.)

that he should be proclaimed the next day with every circumstance of ceremony, and “that all writs, warrants, with all other public transactions, should be from thenceforth issued forth and held in his royal Majesty's name.” At the same time a “commission,” sent to Clarke, constituted him “the undoubted agent and attorney” of the Colony, “to all lawful intents and purposes lawfully tending unto the preservation of all and singular its privileges, liberties, boundaries, and immunities.” Contributions, liberal according to the means of his constituents, were made from time to time, to enable him to pursue the objects of this agency.” The “commission” was issued about a year before Winthrop's arrival in England; but he had been there several months, prosecuting his business, before he heard anything of the designs of Clarke.” His charter for Connecticut had passed through the preliminary stages, and was awaiting the great seal, when it was arrested in consequence of representations made by the RhodeIsland agent. The question raised by him related to the boundary ro, line between the two Colonies. The patent from o" the Earl of Warwick to Lord Say and Sele and others, subsequently transferred from these grantees to the planters on the Connecticut, had described the

* R. I. Rec., I. 432 – 435.

* Ibid., 444, 445, 448, 480, 482, 496, 505 – 507, 509, 510.

* “After the charter was under the great seal and finished, Mr. Clarke then appeared with great opposition, as agent for Rhode Island Colony. He never before made it known to me that he was agent for them [this implies that they had met], nor could I imagine it for a good while after my arrival here. Mr. Alderman Peake told me

he had received letters from Rhode Island, with an Address enclosed, and was desired by those letters to deliver the Address, and afterwards told me he had procured Mr. Mandrick to deliver it. I could not by this conceive they had any other agent. Mr. Clarke might have done their business before my arrival, or all the time since.” (Letter of Winthrop from London, September 2, 1662, in Arnold, History of Rhode Island, I. 380.)

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