In the law by which this tax was levied we find a practical illustration of the principle which less than a century later became the fundamental principle of colonial resistance to the mother country. None but a complete representation of all the towns could levy a tax, or as it was formulated by James Otis—taxation without representation is tyranny.
It is also worthy of observation that there was a tendency to extend the usage of election to direct choice by vote of the freemen. The office of major which at its first institution during Philip’s war was filled by vote of the militia, passed, in 1678, to the whole body of freemen. The necessity of a distinction between martial and civil law seems, also, to have made itself more sensibly felt at the same period, and a permanent court-martial was formed for the trial of delinquent soldiers. As the commercial spirit of the Colony increased the necessity of a bankrupt law was felt, but on trial it was found to be premature and repealed. An attempt was also made to avoid the conflict of land titles in Narragansett, where the interest of townships as well as of private individuals was involved. To correct this evil which struck at the root of social organization the Assembly ordered that the disputed tracts should be surveyed and plats made of them. For the more efficacious protection of this fundamental interest it was ordered that all who held by Indian titles “should present their deeds to be passed on by the Assembly.” Descending to minuter particulars, we find a law against fast riding—first, in “the compact parts of Newport,” and not long after, of Providence, also. We find it also ordered that a bell be provided and set up in some convenient place for calling the Assembly and courts and council together. Of deeper interest was the act appointing a committee to make a digest of the laws, “that they may be putt in print.” Only part, however, of this resolution was carried out, and it was not till 1719 that the laws were put into a permanent form.
Not the laws only but the language in which they were expressed attracted attention. We now meet for the first time in the enacting clause of a law, “and by the authority thereof be it ordained, enacted and declared.” Instead of executor administrator was written, “it being in that case the more proper and usual term in the law.” In one act we find an instance of grim humor. The accounts of a general sergeant were found to be in inextricable confusion. The auditing committee resolved to call them square “and voted that by this act there is a full and fynal issue of all differences relative to said accounts from the beginninge of the world unto this present Assembly.”
In some instances the public mind was not made up concerning a law, and one Assembly would undo the work of its predecessor. One of the most important acts of this class was an act denying the revisory power of the Assembly over decisions of courts of trials. In the August session of 1680, after two years of experiment, the act was repealed.
The existence of a law proves, also, the existence of an evil. In the May session of 1679, we find an act for the protection of servants, whom “sundry persons being evil-minded” were in the habit of overtasking at home, and then hiring others to let out for work on Sunday—thus infringing the law which practically made Sunday a holiday. This is not a pleasant picture, but the action of the Assembly forbidding the abuse shows that public opinion was sound. We find, also, that then as now sailors were more or less at the mercy of sailor landlords. The Assembly took up their defence. Those who trusted a sailor for more than five shillings without an order from his captain forfeited their claim. Another law bearing directly upon navigation was passed in the May session of 1679. “The master of every vessel of over twenty tons burthen was required to report himself to the head officer of the town upon arrival and departure, and if over ten days in port, then to set up notice in two public places in the town three days before sailing.” In this last act we see the influence of the navigation act which was so long held to be the guardian genius of England’s commercial prosperity, and which was communicated to all the colonies by royal edict in 1680.
And here, as illustrative of border life when Rhode Island was a border colony, comes the story of John Clawson’s curse. This John Clawson was a hired servant of Roger Williams, who, at the instigation of a desperate fellow by the name of Herendeen, was attacked in the night from behind a thicket of barberry bushes, near the old north burial ground by an Indian named Waumaion. The Indian, who was armed with a broad axe, split open Clawson’s chin at the first blow. The wound was mortal, but the wounded man lived long enough to utter his curse—that “Herendeen and his posterity might be marked with split chins and haunted with barberry bushes” forever. The malediction, legend says, was fulfilled, and the descendants of the murderer were still distinguished in the last century by a furrowed chin, and fired up with indignation at the mention of a barberry bush.
CHAPTER XIII.
COURTS AND ARMY STRENGTHENED.—COMMISSIONERS SENT FROM ENGLAND.—CHARTER REVOKED.