A short history of Rhode IslandGreene, George Washington
History
A short history of Rhode Island
Greene, George Washington
Rhode Island -- History
There was much work for the new Assembly to do, and it addressed
itself promptly to the task. The statute book contained laws which,
arising from circumstances no longer existing, were "inconsistent
with the present government." To weed these out and replace them by
others better suited to the new order of things, was an early object of
attention. Hitherto the assistants had not been vested with legislative
authority. They now held it by the charter, and henceforth acted in
conjunction with the deputies, a change which at a later day led to the
division into two houses. The increase of population brought with it an
increase of litigation. The original courts were not sufficient to meet
the demand for legal protection. They were reorganized.
There were two general courts of trials, composed of the Governor, with
or without the aid of the Deputy-Governor, and of a body of assistants
whose number was never less than six. Their place of meeting was
Newport, the seat of government and largest town, and their regular
sessions were held in May and October. Providence and Warwick had each
a court of trials--Providence in September and Warwick in March. But
in these, as if in indication of their subordinate authority, neither
the Governor nor the Deputy-Governor had a seat, and the number of
assistants absolutely required to give validity to its acts was reduced
from six to three. To complete their organization twelve jurors were
added, six from each town. Their decision, however, was not final,
and the cases which they had tried could be carried by appeal to the
General Court. To quicken the tardy steps of justice any litigant
who was willing to bear the expense, might, with the sanction of the
Governor or Deputy-Governor, have a special court convened for the
immediate decision of his cause.
The grand and petty jurors were chosen from the four towns, five of
each from Newport, three from Portsmouth, and two from Providence and
Warwick respectively. The same superiority was accorded to Newport in
the apportionment of state officers, five of whom were required to live
there. In this, however, Providence outranks Portsmouth, having three
allotted to her for her portion, while Portsmouth had but two. The
duties of coroner were performed by the assistant "nearest the place
occasion shall present."
Another grave question met them on the threshold of their work of
organization. The charter left a doubt concerning the manner of
choosing the state magistrates. Should they be elected by the freemen
in town meeting, or by the General Assembly? The democratic instinct
prevailed, and the choice was left to the freemen.
Public-domain text, read in full here on John Shaqi.
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