The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-22

omet were confirmed TO him, and the new
town, which he called Warwick In honor
OF his partner, was admitted into the
new colonial government under the chart
er of 1894, which Roger Williams, who
had at last
ACCEPTED ooRToN's VIEWS
as to the necessity OF governmental sane
tion from the mother country, had OBJ
tanned In England. Gorton afterwards
held the highest positions of honor and
trust in the town and colony. He was
habitually called into service when sound
judgment, prompt and courageous action
and literary ability were. requisite. He
was for many years a commissioner from
Warwick TO the General Assembly, was
several times general assstant-a position
corresponding to that OF lieutenant-gov-
ernor; was moderator, "A speaker OF the
Assembly In 1852, and for six months
during the previous year he held the
highest position at the gift OF the people,
being chosen president OF the colony.
This was during the secession OF the
Aquidnick towns under Gov. Coddington,
so that Gorton's Jurisdiction was conhn-
ed TO Providence and Warwick.
Gorton's wisdom and literary talents
may doubtless be seen in the remarkable
code of 16i7, passed by the first General
Assembly of the colony, one of the earl
lest compilations OF law in American
history. This code forbade imprisonment
for debt, and in other respects Is in ad-
vance of most contemporary legislations.
The provision against witchcraft indicates
a prevailing scepticism in Rhode Island at
a time when Massachusetts, was under tho
spell of the delusion, soon TO break out
in an appalling epidemic of persecution.
The men of Shawomet were particularly
accused by the Massac husetts authorities
in a letter addressed TO the agent of
the colony In England, for "crying
out against them that putteth peo-
pie To death for witches, for they
cay there be no other witches upon earth,
nor devils, but your own pastors and
ministers, such as they are" Samuel Cor
toms literary style is also clearly evident
in the remarka ble statute against negro
slavery, passed by the General Assembly
OF. 1862, during the CoddingtoD secession,
the first Legislative edict of emancipation
ever adopted in America.
Gorton was especially active in assuring
the protection OF the colony for the per-
secuted Quakers. He sent them messages
OF SYMPATHY when in prison in Massa-
chusetts, and was authorized by the GEN.
eral Assembly to reply to the Massachu-
setts authorities, and to present the case
OF the colony in a letter to John Clarke,
its representative in England, in defence
of the
RIGHT OF AsYLUMs
granted to them in Rhode Island. On
the collapse of the Puritan common,
wealth IN England, Samuel Gorton was
a member of the committee appointed to
select agents for the colony and to pre-
pare an address to his Majesty, King
Charles the Second. As a result of this
action, and of the wise intercession of
> John. Clarke, the liberal charter of 1868
was obtained, In which Gorton was
named as one OF the incorporators OF the
new commonwealth. During the storm
and stress of King Philips war, tradi-
tion says that his life was saved by friend
ly Indians who rowed him across the bsy
to place of safety. He WAS always on
amiable terms with the Indians, teaching
in their settlements and giving them
wise counsel in emergencies. Judge
Staples is probably in error in stating
that Gortons' colleague, John Wickes was
killed by the Indians during King Phil
lips war, since his will, dated the I'd of
March. 1858, and signed by himself,
though in the handwriting OF Samuel
Gorton, Jr., may be seen in the library of
the Il. /. Historical Society. Gorton pro-
badly died in the closing days of 1877,
after dividing his property among his
sons. The exact place OF his burial Is un-
known.
The opponents of Samuel Gorton
the denier OF all governmental authority.
His entire career offers sufficient refuta-
tion of this accusation. Even Governor
Arnold, who regards him as Zone of the
most remarkable men who ever lived,
falls into the error of stating that be 'sde-
MED the right OF people to self-govern-
ment."
What Samuel Gorton really denied was
the dogma of "squatter sovereignty, that
false conception of self-government which
holds that a majority of the actual settlers
in any given locality have Alright to legis-
late and govern as they please, without
regard for the claims of the minority or
the principles OF equity and justice. HAD
he lived generation ago he would have
stood with Lincoln and Sumner and Gar
rison in denounclng this mischievous
doctrine. His position was identical
with that OF the defenders Of the Union
aga inst the
ALLEGED RIGHT OF SECESSION.
In his own day he held simply that no
EDglishman expatriated himself by be-
coming a colopist in the possession of
the mother country; that he did not by
emigrati N to a British colony forfeit the
rights of an Englishman or the protec-
tion of the long line of statutes, decision
and precedents, beginning with Magma
tharta, which had becone the heritage Of
Epglishmen everywhere.
"samuel Gorton held that as subjects
OF Great Britain the colonial governments
snOulu conform III tnelr legislation ana
judicial procedure to the principles of
English common 'an statute law. II chart
cred, they were bound TO do so by the
terms OF their charters. IL not chartered,
each individual bad the right to claim
the protection of English law, and any
denial thereof was usurpation of author
ity. This was the "head and front" of his
alleged anarchism.
IL was not anarchism, but the reverse:
1t was the conviction that liberty is a
chimera save under the protection of the
sacred majesty of law. 1his Is good En-
glish and American doctrine today. No
one saw 1t more clearly two hundred and
fifty years ago than Samuel Gorton. His
political vision was more lucid and pres
cient even than that of Roger Williams,
though the latter soon saw the force of
Gorton's position. and adhered to it the
rest OF lis life. Had Gorton lived until
tho time of Andros ana James the Sec
ord, he would have beheld the colonies
Sighting for their charters as the very
foundation of their liberties. His position
was alreany justified.
In defence of soul liberty Gorton and
Williams stood side by side from the be-