The Providence news. (Providence [R.I.]) 1891-1906, 1903-02-11
Ml25. e. A40II4LEZ N1ENUCE

a Puritan state caused the settlement of
Providence Plantations: the second re-
suited in Portsmouth and Newport, or
Rhode Island. as the colony came 10 be
known. The expulsion carried out some OF
the best citizens OF Boston. as considered
from a cosmopolitan point of view. They
brought the island by the help of VIII
liams and Sir Henry Vane. and made the
settlement OF Portsmouth I'm 1888, and OF
Newport in 1889.
Though these immigrants were more
radical than williams in their theology.
they had not risen to his conception of
religious liberty. They started a theocrat-
ic state.
GOVERNMENT AT NEWPORT.
They signed an agreement and as the
government was organized In more or
derly manner than 1t was at Providence
the progress OF the community was more
rapid. They soon discarded the theocratfc
element and I'm he second year OF the
settlement at Newport, the two towns
united I'm a copmon government. vesting
authority In a government, deputy gov
ernor and four assistants.
Judicial progress was remarkable as IN
less than three years they advanced
from the rude form Of town meeting to a
well organized judiciary. The code was
completed In 1647 and the general court
of trials was established for the whole
colony. The plantation at Pawtuxet or
Warwick attempted to submit Itself to
Massachusetts Bay in 1912. 1t did not be-
come a constituent part of Rhode Island
until 1868 All OF these outlaws from
Massachusetts, Bay had boldly planted
themselves in the wilderness, but they
craved the protection Of the home govern
ment.
THE FIRST CHARTER.
John Clark went from Newport to pc
tition for a charter In England and VIII
liams succeeded To his work there. Clark
obtained a parliamentary charter In l64i.
The union of the towns under the charter
was accomplished In 1G7 The charter
gave freedom To the little colony, which
was almost absolute. Government was IN
oceord with the laws OF England. but this
Limitation was nullihed virtually by an
explanatory clause.
These conditions show that Clark and
Williams were i'm advance of the ordinary
colonial legislators or they could not have
won so completely the confidence OF the
parliamentary statesmen. Practical sep
aration between the church and the state
was achieved I'm the patent for the first
time I'm human history. For wherever
the terms government or law occur they
are limited by the word civil
EARLY LEGISLATION.
The process OF early legislation Is in
teresting. All laws were first to he dis
cussed in the towns. III the towns con-
CURED in a proposed stature. II went TO
the general court, which decided whether
or not IL should become law We must
keep I'm mind that however the pure Dem
ocracy OF Rhode Island failed I'm trying
to project a government out of Itself, Just
as the theocratic tendencies OF Massachu-
setts Bay could not regulate the civil
government out Of the metaphysical con-
ceits OF an ecclesiastical council yet the
original impulse OF the Rhode Island man
was never lost. but Il affected every insti-
tuition proceeding from his subsequent
activities. The judicial powers were moi
conferred on the legislature by charter
they grew out of the necessities OF the
colony In 1899 the Earl OF Bellomon
severely criticized the processes OF the
courts. The parliamentary patent gave
place to the royal charter In 1853 Grea
credit s given 10 John Clark for obtain
! ing the extraordinary privileges from thu
Crown and Court, which are granted
| under this instrument. IL substantial,
| confirmed the FIRST charter and gave
| greater powers TO the people. creating alb
solute sovereignty In the colony II
| these three points Il differs from all roye
| charters: IL recognizes ownership OF tn
soil: II accords with the procedure OF tn
| Frenchman DE Castine. confirming an'
not creating the absolute liberty of con
science. and issued by a monarch. th'
charter was purely Republican.
CHANGE or JUDICIARY.
Under the royal charter the Judiciar!
was changed somewhat The govern
ment was vested In n governor. a deput'
| governor. ten assistants and a body .
| deputies. In i722 the custom OF electinl
ten assistants by general ticket cedse'
| and thereafter one assistant was chosei
1 by each town. The body became tn,
modern senate or upper house, represent
| ing the town. The house " deputies be
| came representatives. based on shifting
| population. This contrasts with Con
necticut where the upper house ls th'
popular branch. Under both charter
the general assembly rested on the fire.
mon. who were admitted % generslly OF
tho opplfra ~ tho acyefsaf