Colonial Origins of the American Constitution

37. Organization of the Government of Rhode Island, March 16-19, 1642

Origins_151-200.indd 172 2/17/12 6:32 PM 37 [Organization of the Government of Rhode Island] March I6-I9, I642 Dnding themselves sharingan island in Narragansett Bay, the r :~wnsofPortsmouth andNewport united using a document that mixed a ftw generalprinciples and briefinstitutional descriptions with, among other miscellany, ordinances on the killing of foxes and deer. The most important result was the election ofa common representative body. Another importantftature, however, was religious toleration (it prohibited anyone.from being held delinquent .from doctrine). As a founding document this one is defectivefor two reasons-the colony-wide institutions are underspecifiedand the relationship between the colony governments and town governments is unclear. Although defective in these respects, as well as confusing in its organization and content, the document served as a kind ofconstitutionforjiveyears but was later replaced by the Acts and Orders of1647 !39}. The General! Court ofElection began and heldat Portsmouth, from the I6th ofMarch, to the I9th ofthe same mo., I64I. 1. It was ordered and agreed, before the Election, that an Ingagement by oath should be taken of all the officers of this Body now to be elected, as likewise for the time to come; the ingagement which the severall officers of the State shall give is this; To the Execution of this office, I Judge myself bound before God to walk faithfully and this I profess in ye presence ofGod. BY ELECTION. 2. Mr. Will'm Coddington is chosen Governour for one whole yeare, or till a new be chosen. 172 Origins_151-200.indd 173 2/17/12 6:32 PM Organization ofthe Government Mr. Wm. Brenton is chosen Dep'ty Governour, for one whole yeare, or, &c. Mr. John Coggshall is chosen Assistant for one whole yeare, or, &c. Mr. Rob't Harding is chosen Assistant for one whole yeare, or, &c. Mr. Wm. Balston is chosen Assistant and Treasurer for one whole yeare, etc. Mr. John Porter is chosen Assistant for one whole yeare, or until, &c. Wm. Dyre is chosen Secretary for one whole yeare, or until, &c. Mr. Rob't Jeoffreys is chosen Treasurer for one whole yeare, or, &c. Thomas Gorton and Henry Bull are chosen Sergeant Attendants of Portsmouth for one yeare, or till a new be chosen. Thomas Cornell and Henry Bishop are chosen Constables of Nuport, for one yeare, or till a new be chosen. 3· It is ordered and unanimously agreed upon, that the Government which this Bodie Politick doth attend vnto in this Island, and the Jurisdiction thereof, in favour of our Prince is a DEMOCRACIE, or Popular Government; that is to say, It is in the Powre of the Body of Freemen orderly assembled, or the major part of them, to make or constitue Just Lawes, by which they will be regulated, and to depute from among themselves such Ministers as shall see them faithfully executed between Man and Man. 4· It was further ordered, by the authority ofthis present Courte, that none bee accounted a Delinquent for Doctrine: Provided, it be not directly repugnant to ye Government or Lawes established. 5· It was further ordered, that all such who shall kill a Fox shall have six shillings and eight pence, for his paines, duly paid vnto him by the Treasurer of ye Towne in which lands it was killed: Provided, that he bring the Head thereof to said Treasurer; and this order shall be of sufficient authority to the Treasurer to pay and discharge the said summ. 6. It is further ordered, that all Men who shall kill any Deare (except it be upon his own proper Land), shall bring and deliver half the said Deare into the Treasurie, or pay Forty shillings; and further it is ordered, that the Governour and Deputy Governour shall have authority to give forth a Warrant to some one deputed ofeachTowne to kill some against the Court times for the Countries use, who shall by his Warrant have Libertie to kill wherever he find; Provided, it be not within any man's enclosure, and to be paid by the Treasurer: Provided, also, that no Indian shall be suffered to kill or destroy at any time or any where. 173 Origins_151-200.indd 174 2/17/12 6:32 PM RHODE ISLAND 7· It is ordered from henceforth, that the Quarter Session Courts shall alway be kept the first, the first Tuesday in March; the second, the first Tuesday in June; the third, the first Tuesday in September; the last...