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ure, harmonized. How difficult a task was before the organizers of the local government subsequent events amply showed. The early settlers at Providence were not so qualified by previous experience in municipal affairs as to make the solution of the problem of self-government easy. Of the first comers, William Harris alone seems to have had a knowledge of questions involving a considerable degree of education, so as to make him a rival and opponent of Williams on many occasions. There were some among those who came later who had held positions under the state and local governments, yet at no time in the early history of Providence did so distinguished men grace its councils as were among the early legislators of Massachusetts Bay and Plymouth Colonies. The lands about "Moshassuck" and at "Pawtuxet" Williams declares "were mine own as truly as any man's coat upon his back."1 He might, then, as proprietor have ruled this region over which he had acquired possession. He did not reserve to himself "a foot of land, or an inch of voice in any matter, more than to servants and strangers.

"2

In this settlement there arose a peculiar condition of affairs. The proprietor of the land had parted with that and the power which it gave him; the settlers were without the jurisdiction of the neighboring colonies; at so great a distance from England the allegiance was merely nominal; a theocratic form of government did not suit their ideas. Whatever form of government was to be established must come from within.

1 Narragansett Club Pub., vol. vi., p. 263.

2 Ibid.

CHAPTER 1.

BEGINNINGS OF SELF-GOVERNMENT.

While Roger Williams was in Massachusetts he had maintained "that the natives are the true owners of the land," and that a grant from the king in England did not confer a title to lands in America. Acting upon this doctrine he purchased from the Indian sachems, Canonicus and Miantonomi, a tract of land along the "Mooshausick and Wanasquatucket” rivers. He admitted others "into the fellowship of his purchase." 1 Thus, at Providence, from its first settlement, there were the two fundamental characteristics of a State, a relation of men to the soil of a fixed territory and a measure of union between these men.

6

A broad general principle as to the nature of civil government had already been asserted by Williams. This was not in harmony with the views commonly held in Massachusetts, for one of the charges upon which Williams had been brought before the General Court was that he had divulged the dangerous opinion that the magistrate ought not to punish the breach of the first table, otherwise than in such cases as did disturb the civil peace." After the land was acquired and distributed this new settlement was to solve the problem proposed in the "Model of Church and Civil Power" as to "what bounds and limits the Lord hath set between both administrations." Williams had become more and more convinced that the spiritual and civil authorities should be wholly separated. If, as has been said, the object for which emigration to New England was encouraged was in order that those who settled there might "lay out their estates, spend their time, labors and endeavors for the benefit of them that shall come after and in

1 R. I. Historical Tracts No. 14, p. 55.

desire to further the Gospel among those poor heathens," 1 then Roger Williams in the settlement of Providence approached nearest to the ideal New England colonist, and was far from being a stranger "to the true New England spirit and the true New England theory." "2

From the time of the settlement of Providence in 1636, to the adoption of "the code of 1647," this community seems to have passed through three phases of self-government: (1) government by mutual consent, (2) by majority of householders without delegated authority, (3) by majority with delegated authority.

ment.

The government by mutual consent was such as would arise among men few in number, associated together, with common interests. It naturally would not be of long duration. The interests of men breaking ground for a settlement would be sufficiently harmonious to admit of such a form of governThis seems to have been the case at Providence, for hardly had the summer of 1636 passed when Williams writing to Winthrop says, "Hitherto [consultation] and mutual consent have finished all matters with speed and peace,' "3 but now other influences began to appear in differences of opinion and "discontent.” The mere "fellowship of purchase and "mutual consent" were no longer sufficient for the government of this little community, and the inhabitants felt called upon "to be compact in a civil way." 4 This government by "mutual consent" yielded to one admitting of a more ready expansion.

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This was found in the agreement brought about, as Williams says, by the discontent of "some young men (of whom we had much need) being admitted to freedom of inhabitation," who soon sought "freedom of vote also and equality, etc."5 A fac-simile of the original compact, the foundation of an organized government in Providence, is as follows:

1 Young's Chronicles, p. 257.

2 Porter, in New Englander, 1883, p. 305. 3 Narragansett Club Pub., vol. vi., p. 4.

4 Ibid.

5 Ibid.

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Acknowledgements are due for the use of the above cut, which appeared

in the State Census, 1885.

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Supplying the words effaced the agreement reads: whose names are hereunder, desirous to inhabit in the town of Providence, do promise to subject ourselves in active and passive obedience to all such orders or agreements as shall be made for public good of the body in an orderly way, by the major consent of present inhabitants, masters of familiesincorporated together in a Towne fellowship, and others whom they shall admit unto them only in civil things." Thirteen names are subscribed. The little settlement now became a community with an established form of local government. The authority was limited to "civil things," thus marking the most important departure from existing ideas as to the powers of the civil magistrate. Whether the householders had before this and subsequent to Williams' letter to Winthrop, in which he mentions the necessity of some form of government, adopted some civil compact or not the meagre records do not show. The expressions "inhabitants incorporated,” “masters of families—incorporated together in Towne fellowship" would seem to imply some form of organization, and there can be no doubt that the limitation to "civil things" was binding before as well as after the agreement to which the thirteen subscribed.

Under this agreement there was secured to the "masters of families" and such as should be admitted to them the right of governing the little community. Questions in regard to land occupy the leading place in the town-meeting records. To these town meetings all public business was brought. Here it was discussed and decided. The town thus assembled sat as judge upon such cases as arose. Here Joshua Verin was tried, convicted and deprived of the "libertie of voting, for ⚫ restraining of the libertie of conscience," in that he would not allow his wife to attend frequent week-day meetings at the house of Roger Williams. In the town meetings titles to land were confirmed and further divisions made. The securing by the town of a re-confirmation of the deed from the Indians 1

1 R. I. Colonial Records, vol. i., p. 18.

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