Rhode Island and the formation of the Union

Front matter

fhss C 7?

Book a.

RHODE ISLAND

Preface

THIS dissertation embodies the results of investigations begun in the American History Seminary of Cornell University, under the guidance of Professor Moses Coit Tyler, and completed in the School of Political Science of ColumbiaUniversity, under Professor Herbert L. Osgood. The work was undertaken in order to ascertain the facts of Rhode Island's action from 1765 to 1790, and, if possible, to explain the fact that Rhode Island so long delayed her ratification of the Federal Constitution. The subject was suggested by reading an address by Mr. Justice Horatio Rogers of the Supreme Bench of Rhode Island, on " Rhode Island and the Federal Constitution."

The materials for such a study are in some directions scanty. The printed sources used were largely found in the libraries of Cornell and Columbia Universities. The manuscript sources were found in the archives of the State of Rhode Island, preserved in the State House at Providence, and in the collection of the Rhode Island Historical Society. Volumes of early laws were consulted at the Lenox Library, New York City. Newspaper files which were of constant assistance were found at the cabinet of the Rhode Island Historical Society, and at the rooms of the American Antiquarian Society, Worcester, Mass. Citations have been made of all authorities employed. Those to manuscripts are frequently unsatisfactory, as many, especially in the state archives, are imperfectly paged.

Many thanks are due to Professor Moses Coit Tyler for 123]

VI PREFACE | I24

the careful training in historical method to which is due anyscientific worth which this study may possess, and to Professor Herbert L. Osgood for advice and suggestions, and ior assistance in reading manuscript and proof.

Acknowledgment should be made to Mr. Wilberforce Eames, Librarian of Lenox Library, New York ; the Hon, Amos Perry, Secretary of the Rhode Island Historical Society; the Hon. Charles P. Bennett, Secretary of State o* Rhode Island ; Mr. E. M. Barton, Secretary of the American Antiquarian Society, and the officials of the libraries of Cornell and Columbia universities for their courtesy in giving access to the collections in their charge; also to Mr. Justice Horatio Rogers for suggestions given personally and in his printed address.

Frank Greene Bates.

Summit, R. I., July i2> i8g8.

Chapter I

The Colony of Rhode Island and Providence Plantations. Nature of the study — Causes, remote and immediate — Settlers of Rhode Island — Early Relations with Massachusetts — Original Towns — Patent of 1643 — Internal Strife — Charter of 1663 — Territorial Claims of Massachusetts — Samuel Gorton — Pequot Country — Claims to Narragansett — Eastern and Northern Boundaries — Religious Liberty Proclaimed — The same Maintained — Rise of Commerce — Rise of Manufactures — Paper Money — Disastrous Results — Development of a Political Sense — Political Questions — Rivalry of Providence and Newport — Ward-Hopkins Controversy — Albany Convention.

Chapter II

The Stamp Act — Action of Rhode Island — Revenue Act — Non-Importation — Committee of Correspondence — Gaspee Commission — Taxed Tea — Boston Port Bill — Response of Rhode Island — Continental Congress Suggested — Second Continental Congress — Articles of Association — Measures of Defense — Loyalists — Governor Wanton Deposed — Loyalists at Newport — Rhode Island for Independence — Allegiance Renounced — Independence Declared — Steps toward a Central Government — Articles of Confederation Framed — Articles in Rhode Island — Amendments Proposed — Articles adopted by Rhode Island — Public Domain — Attitude of the States — Maryland adopts the Articles of Confederation. 125] vii viii CONTENTS

Chapter III

Condition of Affairs, 1780 — Congress asks power to lay Imposts — Responses by States — Rhode Island fails to respond — Controversy between Varnum and Howell — Rhode Island's Objections — Rhode Island refuses the Grant — Deputation to Rhode Island — Action on Howell's Publications — Howell's Conduct approved by the Assembly — Character of Howell — Motives of Rhode Island — Impost Proposition, 1 783 — Delegates oppose — Newspaper Comments — The Public Domain — Rhode Island rejects the Plan — Lays Duties — Grants request of Congress — State of Commerce — Congress asks power to regulate Commerce — Conditions in Rhode Island — Power over Commerce Granted — Triumph of Commercial Party.

Chapter IV

British occupation of Rhode Island — Efforts of Congress to obtain Money — Continental Paper — Refugees from Rhode Island — Requisitions of Congress — Effect of Embargo — Forty - for-one Act — Finances under Morris — Conditions after British Evacuation — Disaffection in Massachusetts, Connecticut and New Hampshire — Shays' Rebellion — Malcontents in Rhode Island — Demand for Paper — Party Revolution — Emission of Paper — Depreciation of Paper — Forcing Acts — Economic Effects — Special Courts — Trevett vs. Weeden — Trial of Judges — Test Oath — Repudiation — Decline of Paper Money Power — Acts for Relief of Debtors — Repeal of Paper Money Laws.

Chapter V

Weakness of the Confederation — Political Parties in Rhode Island — Annapolis Convention — Preparations for Federal

CONTEXTS i x

Convention — Rhode Island refuses to appoint Delegates — Newspaper Comments — Rhode Island in Disgrace — Work of Convention reported to States — Eleven States Ratify — Constitution referred to Freemen — Refusal to call a Convention — Position of Parties — Anti-Federal Victory — Federalist Rejoicing — Independence Day at Providence — Failure to call Convention — Rhode Island alone — Tariff Debates affect Rhode Island — Rhode Island lays a Tariff — Congress debates Rhode Island Question — Anti-Federalists weaken — Revenue Laws Suspended — Lack of Federalist Leaders — North Carolina Ratifies — Situation grows Critical — Convention called — Struggle in Towns — First Session of Convention — State election Anti-Federal — Hints of Coercion — Debates in Congress — New Issues in Congress — Non-Intercourse Threatened — Instructions of Towns — Second Session of Convention — Adoption — Bill of Rights, and Amendments Proposed — Rhode Island enters the Union.

CHAPTER VI Conclusion 201

Bill of Rights Proposed — Amendments Proposed — Comparison of Amendments of Different States — Amendments Proposed by Virginia, North Carolina, and Rhode Island — Amendments Proposed by New York and Rhode Island — Amendments Proposed by Rhode Island Alone — Conclusions from Amendments — Review of Colony's Growth — Formation of Traits of Character — Colony's action in War — Causes of Defection in 1781 — Economic Conditions lead to Paper Money — Causes of Opposition to Constitution — Coercion Threatened — General Conclusions.

Appendix 213

Chapter I The Colony Of Rhode Island And Providence Plantations

The course pursued by the State of Rhode Island at the time of the formation of the Federal Union forms a distinct episode in the history of America. The fact that the people of a state should adhere tenaciously to their own opinions to the point of denying to themselves all participation in the framing of the constitution, and of refusing for a considerable period of time to accept the work of their neighbors, indicates that behind it all must have been most powerful and far-reaching causes. An historic view of the circumstances attending Rhode Island's adoption of the constitution, together with an examination of the causes of this event, is the purpose of this study. In a study of causes it is sometimes possible to distinguish between those immediate and those more remote. The line of demarkation, often difficult to determine, has been drawn in this instance at the point where Rhode Island first united with the other colonies in opposition to the British ministry. The immediate causes are found in the circumstances attending the Revolution, and in a train of events leading down to the Federal Convention. Among the remoter causes may be included a wide range of facts and tendencies which have gone to shape the political system, and the character of the people of Rhode Island.

The settlers of the four towns afterwards united as the colony of Rhode Island were refugees. Like the settlers of 129] 11 j 2 RHODE ISLAND AND THE UNION [ 1 30

Massachusetts and Connecticut, they had left the mother country to seek a home where they might be free from the restraints of the Acts of Uniformity. But the settlements on the shore of Massachusetts Bay did not prove to be a sanctuary for freedom of conscience, but rather a nursery for the particular form of belief held by the Puritan magistrates. The right of becoming a freeman was made dependent on membership in one of the churches. It was to this colony that Roger Williams came in February, 1631. Soon after his arrival the elders and magistrates of Boston, seeking to dictate to the church at Salem over which Williams had been settled as assistant pastor, met with stout resistance. In the controversy that followed, Williams asserted the doctrine of liberty of conscience. The result was a decree of banishment, on the charge that he had " broached * * divers new and dangerous opinions against the authority of magistrates; as also writ letters of defamation both of the magistrates and churches here, and that before any conviction, and yet maintaineth the same without any retraction.'" After many weeks of wandering in the wilderness, and a brief stay at Seekonk, Williams with a few companions located at Moshassuck, which they named Providence.

The two settlements made on the island of Aquidneck in like manner owed their origin to the religious purgings of Massachusetts. These settlers were among the minority in the Antinomian controversy which raged in 1636 and 1637 Ten of the nineteen settlers, among them their leader Coddington, suffered banishment for their opinions. Seeking a place to found a colony where they might worship as they pleased, they decided to settle within Narragansett Bay. The prestige of Anne Hutchinson, and the asylum afforded in the new settlement, drew together there many of heterodox opinions.

1 Massachusetts Colonial Records, i, 160.

13 i ] THE COLONY OF RHODE ISLAND ^

A third asylum was that founded at Shawomet by Samuel Gorton. The spirit that had thrust out Williams and Mrs. Hutchinson could not tolerate the mystical views of Gorton, a bold and impolitic asserter of his opinions. At Aquidneck, where he stopped after his banishment from Plymouth, he found a home for but a brief season, but his restless soul could find no permanent abode there, and after a brief sojourn at Providence and at Pawtuxet, where his conduct provoked discord, he settled at Shawomet, afterwards called Warwick.

The people of these settlements, exiled from their fellowcountrymen, naturally would cultivate relations with their persecutors only in the direst necessity. Had they made the attempt they would have met with no response. They stood for soul liberty. That fact alone was enough to separate them from their neighbors. An early proof of the completeness of this separation is found in the instruction to the governor of Rhode Island to "treat with the governor of the Dutch to supply us with necessaries, and to take of our commodities at such rates as may be suitable." '

When rumors of Indian war led the people of Aquidneck to apply to Plymouth for a supply of powder, it was refused. This was deplored by Winthrop, for it would be, said he, "a great inconvenience to the English should they be forced to seek protection from the Dutch." ' Danger from the Indians led to the contemplation of a union among the New England colonies. A petition from Plymouth, Connecticut, and the settlements on Narragansett Bay, to Massachusetts to unite in dealing with the Indians, while received favorably in regard to the two former, was spurned so far as the latter was concerned. 1

1 Rhode Island Colonial Records, i, 1 26. 'Winthrop, Hist, of New England, ii, 211. 5 Massachusetts Colonial Records, i, 305.

I4 RHODE ISLAND AND THE UNION [j^

In 1643 a union of the four colonies, Massachusetts, Connecticut, Plymouth, and New Haven, was formed with the express stipulation that no other colony should be admitted. 1 Neither Providence nor Rhode Island was invited to enter the union, nor was a direct request from them destined to receive a favorable reply. On the eve of what might have proved a serious Indian war, the only concession to be gained was permission for Newport to buy one barrel of powder. Even this was denied to Providence. Indications that the United Colonies would soon substitute aggression for simple non-intercourse, was a potent factor in bringing about a union under a patent from the home government.

The band of settlers at Moshassuck had no intention of founding a state. Their early organization was that of a town, composed of joint proprietors dwelling apart from any regularly constituted authority. Their government was a pure democracy. The householders met once a week to consult on the " common peace, watch and planting." "Mutual consent," says Williams, "have finished all matters with speed and peace. "' The first written compact entered into declared for government by the majority / When a modification was found necessary, the sparing hand with which power was delegated is remarkable. Five "Disposers" were elected to have charge of the proprietary and governmental interests of the town. These officers were elected for the term of three months, at the end of which time they were to give an account of their doings to the town. Any one aggrieved by the action of the disposers might appeal to the town in town meeting. Private disputes were settled by arbitration. 4

1 Acts of the Commissioners of the United Colonies, i, 3.

2 Narragansett Club Publications, vi, 4.

3 Rhode Island Colonial Records, i, 14.

j 33] THE COLOXY OF RHODE ISLAND r 5

The settlers of Aquidncck, while yet at Providence, affixed their signatures to an agreement whereby they united themselves into a body politic to be governed by the laws of Holy Writ. 1 A "Judge" was chosen to preside in town meeting, where all political affairs were settled. Soon three "Elders" were chosen to assist the judge in his judicial duties, in framing laws, and in transacting public business ; but all their acts were subject to revision by the quarterly meetings of the town.

On the removal of the government to Newport, those who remained at Pocasset organized similar forms there. 2 Becoming accustomed to representative government, the settlers soon expressly declared that the term of office among them should be one year.' In March, 1640, Newport and Portsmouth, or Pocasset, were united under a governor, deputy governor and four assistants.' Their government was declared, in March, 1641, to be a " Democracie or popular government."''

At Aquidneck, at Providence, and Pawtuxet, Samuel Gorton exhibited a contempt for the authority established there, prejudicial to good government and not to be tolerated in any well ordered community. Consistent with his denial of any authority not recognized by the home government, no organization was effected at Shawomet until the arrival of the Patent of 1643.

So loose was the political system of these settlements that dissensions were continually arising within them. It was feared that Massachusetts might at any moment begin an active policy of persecution on account of the degree of religious liberty there. In any case the lack of any legal status whatever as a part of the realm of England could but be fatal in an extremity. To procure recogniton from the

1 Rhode Island Colonial Records, i, 52. 2 Ibid., i, 70.

jg RHODE ISLAND AND THE UNION [134

king, to secure stability at home, and to raise a bulwark against the encroachments of her neighbors, Williams was sent to England to secure a charter. In 1644, Williams returned with a patent, obtained from the revolutionary government in England, for " The Incorporation of Providence Plantations in the Narragansett Bay in New England."

This patent united the towns in an incorporation and gave them jurisdiction over the territory bounded on the south by the sea, on the west by the Pequod river and country, on the east by Plymouth, and on the north by Massachusetts. The strength of the spirit of local independence on these communities, together with the fear of rousing Massachusetts to active opposition, delayed organization under the patent until 1647. The frame of government was constructed by the whole people in general assembly. Providence, on account of its remoteness, chose ten delegates to act for her; but though represented by delegates, it is probable that a large number of her freemen attended. In consenting to unite her destiny with that of the other towns, Providence retained for herself full authority in town affairs, to elect and to empower officers responsible to the town, to try all cases not reserved for a general court of trials, and to enforce all executions. Their desire was to avoid all mingling of general and town functions. 1 Neither at Portsmouth nor at Newport is there any evidence that delegates were chosen.

By no patent in English colonial history were so few restrictions imposed upon the grantees as by this. Full governmental powers were granted, with the single restriction that the " laws, constitutions and punishments " must conform to the laws of England, " so far as the nature and constitution of the place will admit." Under this carte blanche the assembly proceeded to institute a representative government consistent with the democratic precedents furnished

1 Staples, Annals of Providence, 62.

! 3 5 1 THE COLONY OF RHODE ISLAXn x j

by the towns. The general officers, a president, four assistants, a general recorder, and a treasurer were to be chosen annually at a " General Court of Election." All freemen were made electors. Such as could not attend should send their votes sealed to the assembly. Each town should present two candidates for assistant, and the one from each town having the highest number of votes was to be declared elected.

In the method prescribed for enacting laws both the popular initiative and the referendum were introduced. Any town might in town meeting propose a law, which must then be sent to the other towns for consideration. Next it was considered by a " General Court " of six members from each town. If a majority concurred, it was to stand until the next " General Assembly of all the People " for confirmation. The general court might propose measures which must be confirmed by the towns and by the assembly. Judicial power was vested in a " General Court of Trials" to be held twice annually, by the president and assistants. Town affairs were to be administered by six men called the "Town Council." Seldom has there been seen a more perfect embodiment of the principle which the founders had in mind when they declared their government to be " Democratical." '

But as is usually true in states in which the idea of popular government finds full development, internal dissensions were continually threatening the existence of the state itself. The submission of certain of the men of Pawtuxet to Massachusetts led to constant complications at Providence. At Rhode Island, Coddington and Nicholas Easton were at the head of two bitterly opposing parties. In September, 1648, Coddington presented to the United Colonies a request that the people of Rhode Island might be received into alliance,

1 Rhode Island Colonial Records, i, 156.

offensive and defensive, with them. 1 This petition, which was presented without the knowledge of Providence, and against the wishes of a large party on Rhode Island, had it been successful, would have worked the destruction of the colony. Absorption would inevitably have followed alliance. Fortunately for the future of the Rhode Island colony, the petition was rejected by the commissioners. 2

In August, 165 1, Coddington returned from a visit to England, bringing a commission creating him governor for life of Rhode Island and Conanicut. 3 The whole colony was thrown into consternation. Plymouth was advised to assert her claim to Providence and Warwick. These two towns, however, thanks to their self-governing instincts, held fast to the colonial organization, and together with the anti-Coddington faction in Rhode Island, sent Roger Williams and John Clarke to England to secure a revocation of Coddington's commission.* In October, 1652, the desired revocation was issued from the office of the Secretary of Stated

Development in material prosperity and in population, as well as experience in the past, gave rise to thoughts of a more elaborate frame of government. The restoration of Charles II, moreover, made it necessary that the frame of government should have royal confirmation. The reception, in 1663, of a royal charter, placed the colony on a more secure foundation. The new government was organized on a plan only so much less democratic than before as the growth of the colony demanded. Power was given to

1 Hazard, State Papers, ii, 99; Acts of the Commissioners of the United Colonies, i, no.

2 Acts of the Commissioners of the United Colonies, i, 1 10.

3 Rhode Island Historical Society s Collections, iv, 99.

4 Narragansett Club Publications, vii, 212, 228; 1 Massachusetts Historical Society's Collections, vii, 292; Hazard, State Papers, ii, 198; Backus, Hist, of the Baptists, i, 269.

5 Narragansett Club Publications, vi, 236.

T37] THE COLONY OF RHODE ISLAND 13

elect officials and to make laws, with the restriction that the laws "be not contrary and repugnant unto, but as near as may be, agreeable to the laws of this our realm of England, considering the nature and constitution of the place and people there." The "general officers," consisting of a governor, deputy-governor, and ten assistants, together with a secretary and treasurer, were to be chosen annually "by such greater part of the freemen as are there assembled." It was the duty of the governor to call general assemblies,, fill vacancies and see that the laws were executed. All general officers were liable to impeachment.

The legislative power was vested in a "General Assembly," to consist of the governor, deputy-governor, assistants, and deputies elected semi-annually by the towns. The assembly was empowered to fix the times and places of its meetings, admit persons as freemen of the colony, create offices and appoint officers of administration, make laws, establish courts, regulate the time and manner of holding elections, define the qualifications of electors, define the boundaries of towns, prescribe punishments, and grant pardons.

By act of May, 1666, judicial powers were vested in a general court of trials, to consist of the governor, deputy-governor and assistants.' This court was to sit twice a year to hear and to determine all causes. At the reorganization of the courts in 1729, this " Superior Court of Judicature, Court of Assize, and General Gaol Delivery " was given appellate powers only.'

The most remarkable feature of this charter is the preponderant influence given to the general assembly. It was the real source of all power. Not only did it exercise the usual legislative powers, but it assumed the functions of the executive in the appointment of all officers not directly

1 Acts and Laws of Rhode Island, 1 7 19, 15. * Ibid., 1730, 190.

20 RHODE ISLAND AND THE UNION Tjog

elected by the people, and held the sole pardoning power. The assembly was in turn kept strictly in subordination to the popular will by frequent elections. To the governor remained only a few ministerial powers. He was not a branch of the legislature, but simply a member. No veto was given him. When, in 1731, the question was raised in connection with paper money legislation, the crown officers decided that the charter conferred on the governor no power of veto. 1

It was quite in harmony with the ideas of the times that the supreme judiciary should consist of the chief executive officers. But in Rhode Island they were made so by the legislature, not by the charter. Both the manner of their appointment and the tenure of their office made them closely responsible to the representatives of the people. On the transfer of appellate jurisdiction to a chief judge and four associates, these officers were chosen annually by the legislature. From the close association of these departments was to evolve an assumption of authority by the assembly which was to endure longer than the charter itself.

When Roger Williams attempted to settle at Seekonk he was informed by Plymouth that, though he was then trespassing on the jurisdiction of that colony, if he would but remove across the river he would be upon free land. This advice having been followed, he supposed that no one but the king claimed jurisdiction over his lands at Moshassuck. Coddingon's company, learning that Sowams, where they first proposed to settle, was in the domain of Plymouth, selected the island of Aquidneck, which was then acknowledged to be beyond the boundaries of that colony. Only seven years later, however, a magistrate was sent to Rhode

1 Rhode Island Colonial Records, iv, 458-461.

j^] THE COLONY OF RHODE ISLAND 2 \

Island to forbid the existing government to exercise authority there. 1

The sojourns of Gorton at Providence and Pawtuxet were short and stormy. The conduct of this man, who was "bewitching and bemaddening poor Providence," i led four of the inhabitants of Pawtuxet to place themselves under the jurisdiction of Massachusetts, there to remain until 1658. This action was followed by a formal announcement by Massachusetts of her protectorate over the men of Pawtuxet, and a general denial by Gorton of that colony's assumption. 3 The protectorate of Massachusetts was based on a theory that, whenever any person submitted to her jurisdiction, her authority at once extended over the lands of that person, though they lay outside her chartered limits. Gorton soon removed to Shawomet, where his party purchased a tract from Miantinomi, chief sachem of the Narragansetts.

The dissatisfaction of Pomham, a subordinate chieftain who held Shawomet and who denied the sale to Gorton, led to his submission of himself and his lands to Massachusetts. That colony at once took up the cause of Pomham against Gorton. A long controversy ensued. Shawomet was invaded and Gorton and his followers were taken as captives to Boston, where after imprisonment they were banished and forbidden to return on pain of death.' On his return to Shawomet, Gorton was chosen to carry to England the submission of the Narragansetts to the king, and at the same time to prosecute the case against Massachusetts. 5 In the meantime the general court of that colony granted ten

1 Wintbrop, Hist. 0/ .Yew Lingland, ii, 270. 5 Xarragansett Club Publications, vi, 141. 3 Force, Tracts, iv, 19.

* Rhode Island Historical Society's Collections, ii, 255 ; Hazard, State Papers, ii, 10.

b Rhode Island Colonial Records, i, 134.

thousand acres of the Shawomet lands to settlers, but the claims now put forth by Plymouth to the same territory prevented a settlement. 1 The result of Gorton's mission was an order from the Commissioners of Plantations restoring to the Shawomet settlers their lands, and forbidding Massachusetts to assume authority over them." Already Williams had returned with the patent of 1643, and the interests of all the towns were soon to be blended in a common cause.

On August twenty-seventh, Massachusetts announced that she had received a patent, under date of December tenth, 1643, granting to her all of Rhode Island west of Narragansett Bay, especially mentioning the Narragansett Country.' The origin of this document is obscure, and by the friends of Rhode Island has been declared to be a forgery. That Massachusetts was not certain of its legality is indicated by the fact that it was not produced until it appeared probable that the Rhode Island settlements were about to organize under their patent. Moreover, had the claim rested on a firm basis, a colony with the instincts of Massachusetts would have spared no effort to enforce it.

Thus it appears that, before any authorized government was instituted in the colony, its whole territory had been claimed by one or both of its eastern neighbors. Against these claims the towns struggled singly until 1647.

The claims of Connecticut and Massachusetts to the Pequod country were adjusted in 1658, by fixing the Mystic River as the boundary between the two colonies, completely

x Massachusetts Colonial Records, ii, 128; 1 Massachusetts Hist. Soc. Collections, i, 276.

2 Rhode Island Colonial Records, i, 367; Rhode Island Hist. Soc. Collections, iv, 195; Winthrop, Hist, of New England, ii, 282.

:< f r assachusetts Colonial Records, iii, 49.

I4I 1 THE COLONY OF RHODE ISLAND 2 $

ignoring Rhode Island. 1 In this tract, lands were granted to settlers as early as 1649. These were held by Rhode Island to be within her territory. In violation of Rhode Island law Humphrey Atherton and others, not citizens of the colony, bought large tracts at Quidnesett and Namcook in the Narragansett country. 2 This purchase, which depended for its validity on the Narragansett Patent, led to a remonstrance and preparations to contest the case before Parliament. On account of the injuries inflicted on the Mohegans, the United Colonies condemned the Narragansetts to pay a fine. Their lands were pledged as security for payment. This mortgage having been assumed by Atherton, the lands were forfeited to him in default of payment. The occupation of the same territory under the Pettiquamscut purchase by Rhode Island authority led to conflicts in that region. Certain persons from Newport about the same time began a settlement at Pawcatuck, and soon came in conflict with Massachusetts authority established there.

The granting of the charters of Rhode Island and Connecticut gave a new aspect to the whole question. Under the terms of their charter, which granted to them the territory on the western side of Narragansett Bay, Connecticut assumed jurisdiction over the whole territory. The Rhode Island charter, granted soon after, fixed the western boundary at the Pawcatuck River, with the express provision that nothing in the Connecticut charter should be construed to conflict with this later one. The results of arbitration between the colonial agents embodied in the Rhode Island charter were repudiated by Connecticut, paving the way to a boundary dispute of two centuries in length.