CHAPTER II. 1776 TO MAY, 1777. FORM of government in Rhode Island not affected by the war- -Act requiring oath of allegiance to the King repealed-Earliest action of the kind on the part of any of the Colonies-Letter respecting from Gov. Cooke to Stephen Hopkins-Hopkins's reply-Provision of Congress for the internal government of the Colonies-Stephen Hopkins and William Ellery elected Delegates to Congress, at the May session of the General Assembly-Commission-Remarks concerning-Soul liberty-Execu tive Committee of the General Assembly as a Council of War during recess Memorial from to Congress, respecting the retaining in the Colony of twenty pieces of cannon-Letter from the Delegates to Gov. CookeDeclaration of Independence-Resolution of the General Assembly respecting-Correspondence between the Executive and Delegates— Return of Stephen Hopkins from Philadelphia-Commodore Esek Hopkins-Correspondence between the Executive and William ElleryCensus of Rhode Island-Correspondence continued-Loan offices established by Congress-William Bradford elected a Delegate-Name not mentioned in Journals of Congress-Henry Marchant elected a Delegate-First law passed by the General Assembly in March, 1777, for the election of Delegates-Correspondence-Sessions of CongressReview of the labors and honors of the Delegates from Rhode Island. THE form of government of this Colony, was not in the least affected by the war raging between Great Britain and the colonies. The freemen continued to elect their Governor, and all their officers, as they had been accustomed to do under their charter for more than one hundred years. Thus, when the Governor elected by the people in May, 1775, refused to do his duty, the people removed him, and appointed another in his place. At the May session, 1776, the Assembly had become impressed with the impropriety of requiring officers of the Colony to take an oath of allegiance to a King, against whose troops they were carrying on a war. On the 4th day of that month they therefore passed the following law : AN ACT FOR REPEALING AN ACT, ENTITLED, "AN ACT FOR THE MORE effectually securing to His Majesty the allegiance of his subjects in this his Colony, and dominion of Rhode Island and Providence Plantations," and altering the forms of commissions, of all writs and processes in the courts, and of the oaths prescribed by law. WHEREAS, In all states existing by compact, protection and allegiance are reciprocal, the latter being due only in consequence of the former; and whereas, George the Third, King of Great Britain, forgetting his dignity, regardless of the compact most solemnly entered into, ratified and confirmed to the inhabitants of this Colony by his illustrious ancestors, and till of late recognized by him, and entirely departing from the duties and character of a good king, instead of protecting, is endeavoring to destroy the good people of this Colony, and of all the United Colonies, by sending fleets and armies to America, to confiscate our property and spread fire, sword and desolation throughout our country, in order to compel us to submit to the most debasing and detestable tyranny, whereby we are obliged by necessity, and it becomes our highest duty, to use every means with which God and nature have furnished us in support of our invaluable rights and privileges, to oppose that power which is exerted only for our destruction, BE IT THEREFORE ENACTED by this General Assembly, and by the authority thereof it is enacted, that an act entitled "An act for the more effectual securing to His Majesty the allegiance of his subjects in the Colony and dominion of Rhode Island and Providence Plantations," be, and the same is, hereby repealed. AND BE IT FURTHER ENACTED by this General Assembly, and by the authority thereof it is enacted, that in all commissions for officers, civil and military, and in all writs and processes in law, whether original, judicial or executory, civil or criminal, wherever the name and authority of the King is made use of, the same shall be omitted, and in room thereof the name and authority of the Governor and Company of this Colony shall be substituted in the following words:- "The Governor and Company of the English Colony of Rhode Island and Providence Plantations." That all such commissions, writs and processes shall be otherwise of the same form and tenor as they heretofore were. That the courts of law be no longer entitled nor considered as the King's courts. That no instrument in writing of any nature or kind, whether public or private, shall in the date thereof mention the year of the said King's reign: Provided, nevertheless, that nothing in this act contained shall render void or vitiate any commission, writ, process or instrument heretofore made or executed on account of the name and authority of the said King being therein inserted. Then follow the forms of oaths prescribed for "general officers," "deputies," "judges," "jurors," etc., etc., by which said officers engage "to be true and faithful unto this Colony." The original draft of this act, in the office of the Secretary of State, is in the hand-writing of Dr. Jonathan Arnold, then one of the "deputies," or representatives from the town of Providence, and subsequently a delegate from this State to Congress. The act passed the House of Representatives, after debate, almost unanimously, there being only six votes against it. It is believed to be the earliest vote of the kind passed by any of the colonies. It severed the connection between Rhode Island and the British crown, and the English Colony of Rhode Island became henceforth a sovereign State. The printed schedules of the proceedings of the General Assembly up to this session, bore on their title page the arms of Great Britain, and closed with the formal prayer, "God save the King." In the printed schedule of this session, the arms of Great Britain are superseded by the arms of the State, supported by the Goddess of Liberty on the one side, and by the figure of an Indian on the other. The motto, “In God we hope," waved over the anchor, and under the whole, "No inquisition court." The formal prayer for the King was omitted. Governor Cooke dispatched a copy of this act of the General Assembly to Gov. Hopkins, then in Congress with a letter, from which the following is an extract: PROVIDENCE, May 7, 1776. SIR :—I am to acknowledge the receipt of your letter of the 8th inst., which I laid before the General Assembly, who appointed a committee to take it into consideration and prepare instructions to the delegates. Dependency is a word of so equivocal a meaning, and hath been used for such ill purposes, and independency, with many honest and ignorant people carrying the idea of eternal warfare, the committee thought it best to avoid making use of either of them. The instructions you will receive herewith, passed both houses nemine contradicente. I enclose an act discharging the inhabitants of the Colony from allegiance to the British King, and another dismissing Colonel Babcock. The first mentioned act, after being debated, was carried in the lower house almost unanimously, there being upwards of sixty members present, and but six votes against it. Towards the close of the session, a vote passed the lower house for taking the sense of the inhabitants at large upon the question of independency. The upper house were of the opinion that although a very great majority of the Colony were perfectly ripe for such a question, yet, upon its being canvassed, several towns would vote against it, and that the appearance of disunion would be injurious to the common cause, and represented to the lower house that it was very probable the subject would be discussed in Congress, before it would be possible to take the sense of the Colony in the proposed way and transmit it to the delegates, in which case, they would be laid under the necessity of waiting for the sentiments of their constituents, and of course the Colony would lose its voice, and that the delegates when they should receive a copy of the act renouncing allegiance, and of the instructions, could not possibly entertain a doubt of the sense of the General Assembly ; upon which the subject was dropped. The following was the answer returned to the foregoing letter: PHILADELPHIA, 15th May, 1776. SIR: Your favor of the 7th of May I have received and the papers enclosed in it. I observe that you have avoided giving me a direct answer to my queries concerning dependence or independence, however, the copy of the act of Assembly which you have sent me, together with your instructions, leave me little room to doubt what is the opinion of the Colony I came from. I suppose it will not be long before this Congress will throw off all connexion, as well in name as in substance, with Great Britain, as one thing after another seems gradually to lead them to such a step; they having within a few days passed a resolve earnestly to recommend to all the colonies who, at present, are not under a perfect form of government, to take up and form such, each colony for itself, which I make no doubt most of them will very soon do. I have now the pleasure to inform you that Congress, on Saturday last, passed a resolve for taking into Continental pay, the two Rhode Island battalions, which resolve I herewith enclose. A letter from General Washington to Congress, warmly recommending it to them to take this step respecting the Colony of Rhode Island, had great influence in procuring it to be done. I could, therefore, wish the Colony in a handsome manner to acknowledge this favor, and to return thanks to the General for his good offices in their behalf. The affair which you mention respecting Block Island, I shall take the first opportunity to lay before Congress, and obtain their directions concerning it. I am very glad you have given me a colleague, and am well pleased with the gentleman whom you have appointed. I am very glad to hear that the Colony appeared so very unanimous in the late election, congratulate you in your choice to the office of government, and wish that every part of the Colony would forget and totally banish every kind of jealousy and discord from among them. This is a time when the very great dangers that all America is exposed to, should make every body sensible that the most firm union in all its parts should be carefully studied and effected. I herewith send you commissions for all the officers in your two regiments, which I hope you will cause to be filled up so as to give the greatest satisfaction. As the field officers will be appointed or at least approved by Congress, I could wish that you will transmit to me the names of such gentlemen as you may think most capable to fill those offices. I am, with great respect, Yours and the Colony's very humble servant, TO NICHOLAS COOKE, Esq. The letter from Governor Hopkins referred to, as dated the 8th of May (should be April), is not on file. Its loss is the more to be deplored, as it probably contained his views on Independency. Congress, on the 10th of May, resolved, "That it be recommended to the respective assemblies and conventions of the |