F 8S .P9 R47 1896 Se-t 1 ^tate of ^hadc ^slait^ a«d ^tautdeitcc f lautatiottisi. ANNUAL REPORT OF State Ho MADE TO THE GrENER^L A.SSEMBLY J AN U All Y Sr]8810N, 1897. PROVIDENCE. R. I. E. L. FREEMAN & SONS, PRINTERS TO THE STATE, 1897. m W' * '«<*» ^r- 1 m Ui: ^~ .... 1 E IIHl to the date of this report the sum of $861,808.15, of which $400,607.01 is for land. All of which is respectfully submitted. Board of State House Commissioners. Al^PENDlX A. Laying the Corner-stone of the State House. The corner-stone of the 8tate House was laid on October lo, 1896. The procession to the site of the bnikling- was in charg-e of James E. TilHng-hast, as chief marshal, and the following- assist- ants : W.-. William N. Otis, W.-. Edmund C. Danforth, W.-. J. W. Horton, W.-. Heury A. Kirby, W.'. William McGregor, Theodure A. Barton, J. Milton Payne, Charles T. Glines, Joseph W. Martin, William >[. P. Bowen, Francis O. Allen. The order of the procession was as follows: National Band. First Light Infantry Regiment, Col. James F. Phetteplace, ( -onim.inding. Third Division Naval Battalion, R. I., Lieut. George H. Eiswald, Commanding. Grand I\Iarshal and Aids. St. John's Conmiandery, No. 1, K. T., of Providence, American Band. Holy Sepulchre Commandery, No. 8, K. T., of Pawlucket, Pawtucket City liand. Calvary Conunandery, No. 13, K. T., of Providence, Ilcdlcy-Iiivsey Band. Tylers of Subordinate Lodges, Entered Apprentices, Fellow Craft, ^Lister Masons. Olllcers of Subordinate Lodges. 10 BOARD OF STATE HOUSE COMMISSIONERS. The Most Worshipful the Grand Lodge of the Most Ancient and Honorable Society of Free and Accepted Masons of the State of Rhode Island and Providence Plantations formed as follows : Grand Tyler with drawn sword. Grand Stewards with white rods. Three Brethren with a golden vessel of corn, and silver vessels of wine and oil. Junior Wardens of Lodges, Brethren with working tools, Senior Wardens of Lodges. Five Brethren with the Tuscan, Composite, Doric, Ionic and Corinthian Orders. Masters of Lodges, Past Masters, two Brethren with globes celestial and terres- trial. Three Past Masters with burning tapers. A Past Master with the Great Lights. Stewards with white rods. Committee of Arrangements : R.-. W.-. Cyrus M. Van Slyck, W.-. Walter A. Presbrey, W.-. Marcus M. Bur- dick, W.-. Horace K. Blanchai-d, W.'. J. Edward Studley, W.-. Chas. C. Mumford, R.-. W.-. Fred G. Stiles. Grand Musical Director, Grand Lecturer, Grand Pursuivant, Grand Master of Ceremonies, W. •. Charles C. Mumford, Grand Master Architect, Grand Orator, Rev. Willard C. Sclleck, Grand Cliaplain, Rev. and W.'. Henry W. Rugg, District Deputy Grand Masters, Grand Secretary R.'. W. '. Edwin Baker, Grand Treasurer, R.-. W.-. William R. Greene, Past Grand Wardens, Past Deputy Grand Masters. His Excellency Charles Warren Lippitt, Governor; Gen. Frederick M. Sackett, Adjutant-General; Herbert W. Ladd. Pnisident of the Board of State House Commissioners; the Board of State House Commissioners, Gen. William Anuis, Gen. Olney Arnold, Hon. Albert L. Sayles, Col. Francis L. O'Reilley, Hon. John W. Davis, Hon. George Peabody Wet- more, Hon. Nathaniel B. Ciiurcli, Hon. Joshua Wilbour, Rowland G. Hazard, Hon. D. Russell Brown, Hon. EUery H. Wilson, Col. Webster Knight, E. K. Glezen, Secretary ; with the Orator of the Day, the Chaplains of the Day, the Ar- chitects of the State House, and invited guests. Stair of His E.xcellency the Governor. BOARD OF STATE HOUSE COMMISSIONERS. 11 The Sheriff of Providence, tlie J.icuteiiaiit Governor, tlie Secretary of State, the Attorney General, the General Treasurer, the Judges of the Supreme and Federal Courts, present and past, Ex-Governors and Ex- Lieuteuant Governors, past Secretaries of State, At- torneys General, and General Treasurers. The General Assembly with past Speakers, the State Auditor and Commissioners of Schools, present and past. Assistant Secretary of State and Assis- tant Attorneys General, Sheriffs of Counties, Mayors of Cities, Presidents of Boards of Aldermen and Common Councils, Presidents of Town Councils. Brigadier-General of State Militia, Regular Army Otlicers, Colonels and Adjutants of Regiments, etc. Past Grand Masters. Invited Guests of the M.*. W. '. Grand Lodge. Junior Grand Warden, R. '. VV.". Frederic G. Stiles, Senior Grand Warden, R.-. W.'. Milton Livsey, Deputy Grand Master, R.- W.". Cyrus M. Van Slyck. Master of oldest Lodge, carrying the book of constitutions. The M. •. W.'. William R. Crawley, Grand Master of Masons, supported by the Grand Deacons. Grand Sword Bearer. The route of march was Westminster street to Weybosset street, AVeybosset street to Market square, North Main street to Smith street, Smith street to Francis street, where the procession halted and was drawn up in line to salute the Grand Lodge. His Excel- lency the Governor, the Board of State House Commissioners, the General Officers of the State and the General Assembly came upon the platform surrounding the State Housi; in the order named, where seats were prepared around the corner-stone. Within the walls of the building- was a raised platform where sat the Grand Lodge with the implements of the Craft, the Governor, the Board of State House Commissioners, the architects, McKim, Mead & White, and the contractors, Norcross Brothers. On the north of the platform around tin; State House was a grand stand, which was entirely filled. The seating of the audience was in charge of Henry V. A. Joslin, chief usher, with A. ]). Chapin, Jr., assistant chief usher, and the following assistants : 12 BOARD OF STATE HOUSE COMMISSIONERS. Edward B. Aldrieb, John O. Ames, R. Roscoe Anderson, A. Thomas Andrew, Frank S. Arnold, Henry A. Barker, Edwin A. Barrows, H. Martin Brown, Milton B. Brown, Robert P. Brown, William C. Buell, L. F. Burrough, Louis E. Cady, Arthur S.. Chace, Merton A. Cheesraau, Harold Congdon. Samuel M. Conant, Maurice H. Cook, Fred S. Deraing, J. Howard Dews, H. Anthony Dyer, C. J. Farnsworth, Louis T. Foster, Daniel F. George, Lyman T. Goff, Theodore F. Green, James W. Hallett, M. J. Harson, L. H. Hazard, Charles L. A. Heiser, John Henshaw, Francis A. C. Hill, S. W. C. Jones, Harry A. Joslin, John B. Lewis, Arthur B. Lisle, Eugene Mason, Fletcher S. Mason, Henry F. Manchester, John T. Mauran, John S. Merchant, A. J. Miller, Jr., Pardon Miller, C. H. McKinney, Thos. F. I. McDonnell, Walter E. Munroe, William G. Nightingale, Lewis Patstone, Fred S. Phillips, Albert E. Potter, E. H. Rathbun, Gordon Reed, George Rooks, Frederick Rueckert, Lawrence J. Ryan, H. W. Sackett, Walter B. Smith, Arthur B. Spink, Arthur C. Stone, Thomas M. Sweetland, Orray Taft, Royal C. Taft, Jr., H. S. Thompson, C. F. Tillinghast, Clifford S. Tower, Joseph M. Vose, Maurice K. Washburn, A. Tingley Wall, Byron S. Watson, Frank R. Wheelwright, Augustus J. Winship, Fred S. Whipple. The ceremonies began by a national salute fired by Battery A, Avliicli was stationed on the grounds east of the State House, as the head of the procession reached the platform, after which Eeeves' American Band rendered the American Overture. As the venera- ble Rt. Eev. Thomas M. Clark, D. D. began his prayer the entire audience arose and stood uncovered until its completion. His prayer was as follows : Almighty and Everlasting God, without wiiom notliing is strong, nothing is holy, grant Thy presence and Thy blessing, as we now proceed with all solemnity to lay the corner-stone of an edifice to be devoted to Thy honor and the benefit and welfare of Thy creatures. Inspire our hearts with a sense of our depend- ence upon Thee at all times and in all our undertakings. Preserve the work- I^.OAIID OF STATE HOUSE COMMISSIONERS. IH men luid ;ill engaycd in tlu; coiislruction of this l)uiliiii)ii' from vvvvy duiiger and accident, and may all their worls. be done truly and ln)nestly, and in the fear of God. Dispose the minds of the people to choose for their legislators men of good repart, -who can never l)e \va[ astray by a regard for liieir own iirivate interests, or be subject to the unholy inllueuce of bribery and eorruptioii. Wilt 'I'liou be be pleased to direct and prosper all their consultations, to the advancement of Thy glory, the good of Tliy (!liurch, the safety, honor and welfare of Thy people ; that all things may be so ordered and settled by their endeavors, upon the best and surest foundations, that peace and hai)piness, truth and justice, religion and piety, may be established among us for all generations. We adore and magnify Thy glorious name for all the great things Thou hast done for us. We render Thee thanks for the goodly heritage which Thou hast given us ; for the civil and religious privileges which wi; enjoy; and for the multiplied manifestations of Thy favor toward us. Grant that we may show forth our thankfulness for these Thy mercies, by living in reverence of Thy Almighty power and dominion, in humble reliance on Thy g(X)dness and mercy, and in lioly obedience to Thy righteons laws. May nothing be allowed to dis- turb the unity and peace of this great nation, or to impair the confidence of the world in tlie integrity and honor of our republic. IJless, we beseech Thee, the President of the United States, the Governor of this Commonwealth, and all others in authority. We implore Thy blessing on all in legislative, judicial and executive administration. Contiiuie, O Lord, to prosper our institutions for the Ijromotion of sound learning, the dilTusion of virtuous education, the advance- ment of Christian truth, and the purity and prosjierity of Thy Church. Shed the (juickening inllueuce of Tiiy Holy Spirit on all the people of this land. Save us from the guilt of abusing the blessings of prosptu-ity to luxur}' and licentiousness, to irreligion and vice ; lest we provoke Thee, in just, judgment, to visit our oU'ences with a rod and our sins with scourges. And while Thy unmerited goodness to us, O God of our salvation lead us to repentance, may we offer ourselves, our souls and bodies, a living sacrilice to Thee, who hath preserved and redeenu'd us, through Jesus Christ our Ijord, on whose merit and mediation alone we Inunbly rely for the forgiveness of our sins, and the accept- ance of our services, and who hath taught us, when we pray, to .say : Our Father, w'ho art in heaven, halhnved be Thy name. Thy kingdom come. Thy will be done, on earth, as it is in heaven. Give us this day our daily bread, and forgive us our trespasses, as we forgive those who trespass against us And lead us not into temptation, but deliver us from evil. For Thine is the kingdom, and the power, and the glory, forever and ever. Amen. 14 BOARD OF STATE HOUSE COMMISSIONERS. Hon. Herbert W. Ladd, President of the Board of State House Commissioners, then delivered the following- address : Fellow Citizens: — We are assembled here to-day to lay the corner-stone of a structure that we trust shall represent the ideals of our generation to genera- tions to come. When I assumed the office of Governor and became responsible to the people for so much of the interests of the State, I first began to be impressed with the needs of the government for the efficient and economical administration of its affairs and to appreciate the significance of the situation and the inconvenience resulting from the fact that everything was being done at arm's length, and I was moved to declare at that time, " The situation would stagger any man if it confronted him in his own business. Not only are the departments awkwardly situated and inadequate to the business done in them, but the State is obliged to keep therein property of great value over which it can exercise only the slight- est guardianship, while its loss would be irreparable." I urged with all the power at my command that the situation be carefully investigated and :i remedy provided as early as practicable. Indeed, the matter of a new State House has almost annually for a great num- ber of years been called to the attention of government and people, but since 1873 no active steps had been taken to carry recommendations into effect. My predecessors in office had been impressed with the inadequacy of the State capi- tol, which had been built in the last century to adorn a village (Providence then having a population of only 2,500) and provide for a colony of only some 40,000 population. Fifty years ago a plan was obtained Un a building to cost half a million dol- lars, and thirty -six years ago the then Governor warmly urged the demands of the State in this respect upon the Assembly, and nearly every Governor since has referred to it. That the people of the State were not unconscious or heedless of the situation was made abundantly evident l)y the popular support accorded to the first Commission, appointed in May, 1890, to obtain ])lans for a new State House and to receive proposals for sites for the same. The metliod adopted l)y that Commission for olitaiuing an appropriate plan for our new Capitol was notable. It won the approval of the people generally, and it lias been (juoted and endorsed by high authority as a model for the prosecu- tion of similar undertakings. The {commission did not hesitate to ask for, and was most fortunate in securing, the counsel and services of men most eminent in the profession of architecture, notably Alpheus E. Morse, A. D. F. Hamlin (professor in C.oluml)ia College) and the late lamenicd Kichard M. Hunt, Avho BOARD OF STATE HOUSE COMMISSIONERS. 15 from the beginning gave to the eomnussion his active co-operation and the full benefit of his talents and splendid attainments. Our home architects were sincere supporters of the Commission in their efforts to secure the best work by the best possible methods. The result is found in the design of our new State House. I need not at this time tell the detailed story of the accomplishment of that result. It has been followed with interest, step by step by our people throughout the six years intervening between the appointment of the first Board of State House Commissioners and the impres- sive ceremony of this (hiy. We are confident that as the work progresses to completion that all our antici- pations will be justified and more, and that the people of llhode Island will never cease to be proud of their State Capitol or be kiSS cordial in their appre- ciation of the work than they were when by their vS4'^, provides that sessions of the Gen- eral A.ssembly shall be held at Newport, at South Kingstown, at lirislol, at East Greenwich and at Providence. It was not until 1854 that, by the adoption of the third article of amendment to the constitution, the meeting places of the General Assembly were restricted to Newport and Providence. The sessions of the assembly were usually limited in these early times to three or four days. The adjournments from day to day were commonly until 6 o'clock the next morning, or until half an hour or an hour after sunrise. At the meeting held in Portsmouth in June, 1655, the adjournment on the 29th of the month was "till morninge surui an houre high and he that stays longer shall pay twelve pence." On June 29tli the sun rises at 4:25 a. m., which brought the meeting of the assembly at about 5:30 in the morning. No suitable buildings being in existence, the assemblj^ met in pu])lic inns or at the houses of prominent persons. In May, 1676, the assembly met in New- port at the house of Capt. Morris. This was undoubtedly Capt. llichard jNIor- ris, who was often the bearer of important letters between the assembly of Con- necticut and of Rhode Island. In 1676 it was voted that the assembly " sett in time of election in the kitchen of Henry Palmer's house at Newport." In May, 168(5, the colony purchased a bell " to be used, and for giving notice. or signifying the several times or sittings of the assembly and courts of trial or general councils." Tliis bell was purchased for £3 10 shillings of Freelove Arnold, daughter of Governor Benedict Arnold. Earlier than this the assenil)ly had been called together by the beat of drum. In 1679-1682 the usual place of meeting in Newport w^as at the house of Robert Lewis. In August, 1683, a meeting of the asseml)ly was held in Narragansett at the house of Capi. John Jones. At diff<'rent times during the latter part of the seventeenth century, the assem- bly met at the house of William Mayes, innkeeper of Newport : of John Davis, Newport; of Col. John Low, Warwick; of John Whipple, Providence. In 1734-5 the meeting place was at the house of the AVidow Drake in East Green- wich ; in 1738-41 at the house of Thomas Potter in Newport, In the last year ■4 18 BOARD OF STATE HOUSE COMMISSIONERS. Thomas Potter was allowed £100 for the use of his house for holding the gen- eral elections and for the meetings of the assembly and the court. The first Colony House was erected at Newport about 1690. It was built of wood, and occupied the site of the present State House in Newport. It was used by the General Assembly and also by the town council of Newport. In 1694-5 the Rev. Nathaniel Clapp of Dorchester occupied the Colony House for religious meetings. It caused considerable dissatisfaction and resulted in the passage of a resolution by the General Assembly on July 2. 1695, " whereas sev- eral and most (jf the inhabitants, freemen of this colony, are dissatisfied that the Colony House is imiu'oved to other uses than what it was built for ; therefore upon consideration thereof, by this assembly and to settle the House for the use it was built, do hereby order and declare, that the said Colony House in Newport, shall not be imj^roved for any other use than judicial and military affairs ; and not for any ecclesiastical use or uses of that nature." A portion of the first Colony House about 1738 or 1739 was moved to Prison Street in Newport, where it still stands occui)i('d as a tenement liouse. Another portion was removed to Broad Street, now Broadway, in Newport,- and has since been entirely de- molished. At a meeting of the General Assembly held in Warwick, 1738-9, it was enacted "that a Colony House be built and made of brick, at Newport, where the old one now stands, consisting of 80 feet in length, and 40 in breadth, and 30 feet stud ; the length whereof to stand near or quite north and south." Peter Bours, Esbon San ford, George Gouldiug and George Wanton were appointed a build- ing committee. They were directed to "dispose of the old Colony House at public vendue to the highest bidder, for the use of said colony." Richard Munday was employed to furnish the design as well as all details, and the work was i)luced in his hands Under his direction the body of the building was built of brick, but the (juoins, sills, and other jirominent details were of stone. The exact position of this building as to the points of the compass excited considerable attention. The first provision placed its greatest length north and south. At the meeting of the assembly held in Newport the first Wednesday of May, 1739, it was " voted and resolved that that part of the act for building a new Colony House, which directs the length fliereof to be north and south, be repealed, and that tlie length of said house be put east and west." This change in the original arrangements was not permitted to stand. It appears that at the meeting of the assembly held in Portsmouth on tlie 10th of July, 1739, "upon the petition of sundrj' of tlie inhabitants of the town of Newport, setting forth that the new Colony Hoiise to be b\iilt would look more commodious, etc., if the length thereof should bo set north and south, and praying that the present BOARD OF STATE HOUSE COMMISSIONERS. 19 situation might be iiltcred ; it is thereupon voteil and urdered tliat tlie hite act passed for setting the length of the Colony House east and west, be repealed, and that the length thereof be built north and south ; and that a cellar be made under the same." Following a custoni that prevails in many old buildings in England, upon the keystones of the arches over the lower windows in the front of the Colony House are different initials, as follows : W. E., J. B., I. H., I). C, I. W., I. L. At different times efforts have been made to determine the significauce of these letters, but as j^et entirely without success. From the records of the general assembly in March, 1781, it appears that "the State House at Newjiort was used as a. barrack by the enemy during the time that they were in possession of the Island of Khode Island, whereby the same was so much injured that this assembly cannot be accomnuKhded therein, etc., etc. It is therefore resolved that the sheriff place benches in the synagogue as will accommodate the mend)ers of this assembly, and that he purchase two tables and twelve chairs for the use aforesaid." In JNIay of this year the gen- eral election was held at Newport in the synagogue. During the French occu- pation in 1780 the State House was used as a liosi>ital. The landing of the sick occupied four days, and 400 were placed in the (lilTerenl hosi)ilals in Newport. At the end of the war the State House was in a deplorable condition. It was shortly after, however, thoroughly restored in harmony with its original design. Within comparatively modern times the chamber used by the house of repre- sentatives was so changed as to destroy some of its interesting fetitures. The .senate chamber, however, remains (;sseiitially as it was originally designed. On the west side of the building from the second story, opening (nit of the house of representatives chamber, a stone balcony i)rojects from the l)uilding overlooking the parade. From this historic place proclamation has been made of important events connected with the (-oloiiy and the State. In 1701, the death of George II. of Englanil was announced from this spot. It was fol- lowed by the proclamation of Ceorge III., as Iving of Great P>ritain. A public dinner was then served in tint council chamber. In more modern times the an- nual election of the governor and State officers has l)een proclaimed from this balcony. The State House itself has been the scene of nniny historic events. In 1766 the anniversary of tb(! Itirtliday of King George 1 1 1., was observed as an occasion for celebrating the repeal of the stamj) act. The people assembled at the State House to testify their gratitication. In 1769 tlie merchants of New- port met therein and formed an agreement of non intercourse, so long as the act imposing a dutjMjn paper, etc. , remained in force. In 177o the Gaspee Com- mission there assembled and for a period of nearly six luonths engaged in a fruitless effort to discover the actors in the destruction of the Gaspee. 20 BOAED OF STATE HOUSE COMMISSIONEES. Therein on the 4th of May, 1776, the Colony of Rliode Island formally passed the act renouncing its allegiance to the crown of Great Britain and asserted its independence two months before the general Declaration of Independence, at Philadelphia on July 4th. On the 20th of July, 1776, from the steps of the old State House, Major John Handy read the Declaration of Independence. Fifty years later, on July 4th, 1826, he again read it from the same steps. In 1790, the convention which linally adopted the constitution and made Rhode Island one of the United States, convened therein. The great concourse of people that had come together to hear the debate proved too great to find accom- modation within its walls. The meeting was adjourned to the Second Baptist Church, where, after a session of three days, the question was carried in the affirmative by a majority of two votes. At different times Presidents Wash- ington, Adams, Jackson, Fillmore, Grant, Hayes and Harrison have been enter- tained within its historic walls. In 1813, the people there met to welcome Com- modore Perry on his return from Lake Erie. In 1844 it was the place of trial of Thomas W. Dorr. For generations the old State House in Newport has been the rallying point of the people of the south part of the State. Pi'oceedings that finally resulted in the erection of a Colony House at Provi- dence began in 1729. The freemen of the town of Providence voted to assist in the erection of the house if they could have the use of it for town meetings and the direction as to its site, prescribing also that the building should be forty feet by thirty on the ground, and eighteen feet posts, with a chimney from the chamber floor. This building was probably completed in 1731, but not until after the April town meeting, which the records indicate was held in the Friends' meeting house. On the evening of the 24th of December, 1758, the Colony House in Provi- dence was destroyed by fire. In the following February a time was appointed to inquire in what part of the town it would be expedient to erect a new Court House and what kind of a building should be built. At the May session of the General Assembly, 1758, Allen Brown, William Smith, and David Harris were appointed a building committee. To raise money at the June ses- sion of the assembly a lottery was granted, and in February of the following year another gi'ant of a lottery was made toward purchasing the court house lot. It is a tradition that the building committee decided to erect a much smaller building than the present State House in Providence, but that the archi- tect designed tlu; i)resent structure which was much larger tlian contemplated. The difference in the size of the building was not discovered until work had so far advanced that it was thought it would cost less to continue its construction than to take it down and start anew. It is not unnatural that, in connection with the present ceremony, I should re- BOARD OF SIWTE HOUSE COMMISSIONERS. 21 fer to a similar circuiiLSlaiicc Uv.ii occurred in Prov idcncc twenty years wi^o. In 1876 the State of Rhode Ishuid was erectiuy one of its most important public buildings. In that year the corner-stone was laid of the Providence County Court House. Tiien, as now, the ceremonies incident to the o(-casion were con- ducted by the jMasonic Fraternity. The State of Rlioile Island was represented by its governor, Henry Lippitt. It lends achh'd interest to my present duties in connection witli the structure to be occupied l)y the executive and by the legis- lative power of the State to recall that the corn(!r-stone of the building devoted to the supreme judicial power in thesi; plantations was laid in such circum- stancs. These ceremonies undoi'ibtedly mark that final change in the circumstances of the State which will centeV its government in one place. The facilities recjuired by the executive, by the General Assend>ly and by the several depai'tnients ren- der it no longer j)ossibl(! to properly conduct the important matters submitted to them by periodical meetings in different parts of the Stjite. The historic associations connected with the old Colony House in Newport and with the im- portant sessions of the legislature iield therein are matters of the past. The near future will necessarily see the State govcirnment permanently located at this spot. It is to be hoped lliat. the great size of this building and the large outlay required for its construction will i)rovide facilities of such moment to the State and to its citizens as, in the future, to justify both. Its erection marks the progress of Ilhode Island. From the kitchen of Henry Palmer's house at Newjjort, in 1076, to the spa- cious assembly halls of this capitol before the end of the nineteenth century, is a transformation as vivid as fron^ Roger Williams and his live conijianions founding their settlement in 1686 to the prescnit population, wealth and power of Rhode Island. At the couchision (^f His Excellency's address President Ladd formally requested the Grand Lodge to lay the corner-stone. The ritual was as follows : The Grand Master being seated, the Grand Marshal proclaimed silence, saying: \_Flounsh of Triiiii]iils.\ By authority of the jMost Worshipful the Grand Master of Masons in the State of Rhode Island and ProvidcMice Plantations, and in obedience to his order, I do now command and re((uire all i)ersons herc' assembled to iircserve silence and to observe due order and decorum during these ceremonies. This proclamation .1 make once, {Trunhpe^ twice, {'fi'iniipct^ thrice [Trumpet] in the South, \_Trumpet] in the West, ['J'rtnupel] and in the East, [Flourish of Ti-ainpds]. ^2 BOARi) OF STATE HOUSE COMMISSIONERS. The Grand Master then said : Eight Worshipful Senior Grand Warden : From time immemorial it has been the custom among the craft of Free and Accepted Masons to lay the corner-stone of churches, public buildings and monuments when requested so to do by those in authority. We have, therefore, here convened the brethren for that purpose ; and it is now our will and pleasure that they give us their atten- tion, and assist us in this work. This, our will and pleasure you will communi- cate to the Right Worshipful Junior Grand Warden, and he to the brethren, that they, having due notice, this corner-stone may be laid in ample form. The Senior Grand Warden tlien said : , Right Worshipful Junior Grand Warden : It is the will and pleasure of the Most Worshipful the Grand Master of Masons that the brethren here assem- bled do now assist him in laying this corner-stone. This you will communicate to the brethren, that tlie}^, having due notice, may govern themselves accord- ingly. The Junior Grand Warden then said : Brethren : You have heard the order of the Most Worshipful the Grand Master of Masons as communicated to me by the Right Worshipful the Senior Grand Warden. Of this you will take due notice, and let it be accordingly so done. The Grand Chaplain, being at tlie altar, began the office, saying : Except Jehovah build the house, their labor is but vain that build it. Except Jehovah keep the city, the watchman watcheth but in vain. Our Help is in the Name of the Lord. Response. Who hath made Heaven and Earth. Grand dJuqiluiii. The Lord's name be praised. llespoim',. Henceforth, world witliout end. Grand Chaplain. The Lord be with you. liesjwnse. And with thy Spirit. Grand Cliaplain. Let us pray. Tlieii was said by tlio Grand Cliaplain and all the people Our FATHEii, which art, in heaven, Hallowed l)e Thy Name. Thy kingdom come ; Tljy will be done in earth. As it is in heaven ; BOARD OF STATE HOUSE COMMISSIONERS, 23 Give us this day our daih' Itrcad ; And forgive us our trespasses As we forgive Miem that trespass against us ; And lead us not into temptation ; But deliver us from evil. Amen. Tlien was said by tin; (Jrand chaplain : Most Gracious God. we liuml)ly beseech Thee to defend and bless Thy servant, the Grand Master of Masons, and all the Lotlges committed to his care. Ri'HVonsc. Amen ; so mote it be.- Almighty God, the Father of all mercies, we hund)ly pray that Thou wilt grant unto all men peace, concord and the knowledge of Thy truth ; and in the world to come life everlasting. licxpoiise. x\men ; so mote it be. Eui.OdV ON FhKEM.\S»)NKV — RkV. WlI-I-AKl) V. SkI.MX'K. The establishment of Rhode Island, incarnating tiic spirit of civil and re- ligious liberty, is .justly regarded as one of the most siginllcant aclucvements in human history, it was indeed a " lively experiment " for the age; in which it was conceived ; but, being sorely needed, it soon proved itself both opportune and auspicious ; and it remains, in its past and in its present, a typical instance; of that wise and ecjuilable arrangement of social forces, that true and elTectual balance of rights and duties, toward which the civilized world is steadily gravitating. Among the best fruits of this benelicent accom|)lishni('nt has been the up- springing of many forms of voluntary association for good and useful ends. As the grasses and llowers of the field shoot up under the genial raj's of the sun, and flourish in the free winds of tiie earth, so out of tiie soil of the human .soul, when all repressive influences are withdrawn, there grow spontancou.sly, in answer to divine solicitations, those varied works of intelligence, virtiie and love which promote the welfare and happiness of maidcind. Without prompting or direction from the State her.self, and simply protected by the mantle of justice which she throws over all her children equally, education, religion, charity, bu.siness, art, science, (piickly manifest them.sclves by putting forth their appro- priate endeavors, which reflect upon the State her highest glory and alTord her the surest guarantee of support in her hour of need. One of the noldcr products of ('ivili/^ition thus developed under the a'gis of Rhode Island's laws is that honorable Fraternity whose representatives here gathered are engaged in performing these impressive ceremonies. Required by the Most Worshipful Grand Mastei- to say a few customary words in behalf of 24 BOARD OF STATE HOUSE COMMISSIONERS. this Institution, I feel that my first duty is to express as best I cau tlie sense of profound gratitude which must fill the breast of everj-^ thoughtful man for all that Khode Island has meant, not only to Freemasonry, but to the whole world. Reverently would I bow before Almighty God, whose gracious dealings with His faithful servant, Roger Williams, well called "the pioneer of religious lib- erty," — and who shall say that he was not as truly inspired as Moses?— enabled him to found this Commonwealth on the broad basis of social equity, which is a phase of eternal righteousness; and with the utmost homage of my soul would I pay the tribute of sincere respect and devotion to the State thus established, as represented in the persons of her officials here present, and in this building now in process of erection, in appreciation of what they and their predecessors have done to preserve and perpetuate the priceless blessings vouchsafed in her name. In this, I am sure, every Freemason and every other citizen will heartily join me ; for no greater boon was ever conferred upon our race by human gov- ernment than that equipoise of liberty and justice which has made an imitation of the example of Rhode Island the hope of progressive nations. Under the shelter of such a framework of law and order. Freemasonry has found a good home and naturally has enjoyed much prosperity. This great Fraternity is merely a social, moral and religious organization, starting in pre- vious centuries, but not developing into fulness of life and vigor until in our own. It is an ancient tree, whose roots run away back into the past, so that we cannot trace all their ramifications underground ; but its leaves, blossoms and fruits appear abundantly in our modern world ; and by its fruits, rather than by its roots, ye shall know it. This Order was born of the gregarious instinct which is one of the great nat- ural forces in human life. Man was not made to live alone ; he craves society ; he is a builder of social institutions. The hoTiie, the school, the church, the State, the club, the lodge, — all are only so many forms in which this gregarious instinct embodies itself. Man is so constituted by nature that he does some of his best work, learns some of his best lessons, reaps some of his best pleasures and enters into some of his deepest and richest experiences only as he walks hand in hand with his fellowmen. Freemasonry renders its first service by grat- ifying and cultivating this social instinct. This Fraternity draws men together for noble objects. It seeks to inculcate such tenets as brotherly love, relief and truth ; and it promotes such cardinal virtues as temperance, fortitude, prudence and justice. It begets acquaintance, friendship, sympathy and charity. In a world that is full of loneliness and coldness it lights on its hearthstone the fires of fellowship and love. In a woi-ld where strife and hate abound, it instils into the hearts of men the si>irit of peace and good -will. It teaches its meinbers that the really great interests of BOARD OF STATE HOUSE COMMISSIONERS. 25 human life are the precious tilings of knowledge, goodness, affection and devo- tion. It reminds them that the great experiences of life are common to all, that one God and Father is over all, and that at last all must pass through one lowly- gateway into the regions of immortal ligiit. By varied symbols, through elabo- rate and often beautiful ritualistic ceremonies, these lessons are taught, so that the susceptible soul hears with new and impressive force the (;all to a higher, larger, kindlier, holier life. Tims an iniluence is e.verted which becomes the handmaid of education, morality and religitm, and Freemasonry is seen to be tiie friend of every good vvf)rd and work. Such merits as these should be sufficient to commend any institution to the favorable regard of mankind. In spite of them, however, Freemasonry has been sometimes supposed, bj' those ignorant of its real nature, to be an enemy of the State. As tiie present occasion naturally suggests some consich'ration of the relationship of the two, I beg to say, in the most positive manner, that no supposition could be farther from the truth. In the instructions given to every Master Mason occurs some such distinct injunction as this : " As a citizen you are enjoined to be exemplary in the discharge of your civil duties, by never pro- posing or countenancing any act which may have a tendency to subvert the peace and good order of society ; by paying due obedience to tiie laws under whose protection you live, and by never losing sight of the allegiance due to your country." Words could not be more explicit in inculcating civic virtue. Moreover, in every regular and well governed Lodge, all its memb(;rs are taught from first to last to submit themselves to duly constituted authority, acciuiescing in its decisions and complying with its requisitions. Its oflicials rise from the level on which all alike stand, to the several positions to which they are elevated; there they discharge the various duties incumbent upon them, receiving from their brethren the respect and obedience to which their stations entitle them ; and when their terms expire and their ollicial services are accomplished, they re- turn to the common plane to yield a similar allegiance to their successors, cher- i.shing no feelings of superiority, and striving only to show who best can work and best agree. Thus are the principles of eiiuality and authority thoroughly instiled, so that every Mason is schooled in the most fundamental and vital ideas of civil order under a republican form of government. Once more, it is likely to happen frequently that- men who are eminent in the councils of the Commonwealth are at the same time eminent in the councils of Freemasonry ; and they must needs be dishonest men, hypocrites and scoundrels, if their obli- gations in the one relationship re(iuire them to be recreant to those in the other. How often in Rhode Island her foremost citizens have occupied simultaneously both public and fraternal offices, those can better tell who are more familiar than I with local history. T f]oubt not tliat many of the State's governors, justicesi 4 26 BOARD OF STATE HOUSE COMMISSIONERS. and legislators have bowed at the Masonic altar ; if so, the first and last vows which they have there assumed have expressly exempted them from promising aught that could in any way conflict with their duty to their country, while all the teachings of the lodge room have been found to be ever in harmony with the loftiest ideals of civic purity and loyalty. But aside from these direct ministrations, it is worthy of remark that the in- cidental effects of fraternal fellowship are favorable rather than inimical to the public welfare. When men are bound together by social ties originating in inti- mate and saciod associations, they learn to respect and trust one another, warm friendships naturally result, partition walls are broken down between sect and sect, between party and party, and nothing but a most serious shock to the com- munity can disrupt these bonds of peace between brother and brother. What is it not worth to tlie State to have these silken and golden strands woven around the hearts of thousands of her best citizens ? Will political storms and com- mercial disasters endanger her security so long as an army of her noblest sons are ready to stand shoulder to shoulder for mutual protection, for law and order, for honor and right V What is it not worth to the nation to-day that, from the Atlantic to the Pacific, and from the Lakes to the Gulf, these cords of brotherly love run across the continent, like the network of our electric wires, binding soul to soul in common interests and affections ? No class distinctions, no sec- tional spirit can prosper where these influences prevail ; and because of the in- crease of various ties of this nature within the last quarter of the century we may hope more confidently than ever before that civil war will never again be known in all our dear country. The Grand Lodge which performs this ceremony to-day has a history almost exactly contemporaneous with that of the State for which it is performed. Rhode Island did not ratify the National Constitution until the 29th of May, 1790. Early in the autumn of that same year steps were taken by the Masonic Lodges of the new Commonwealth toward forming this Grand Lodge ; which work was consummated in the following spring. Thus they have come down the century side; by side, and each has been unexpectedly prosperous. Botli have seen some dark days, but for both the present day is bright with promise. Freemasonry, thankful for the protection afforded by the State, stands ready to render in return any service that may promote her true interests, offering her a strong right liand in token of loyal support and unfailing love. Therefor^ as this magnificent temple rises to be the new home of this our common Mother, I would say to her, in behalf of every member of this great Fraternity : Dear Mistress of law and order, as you look forth from the portals of tliis beautiful palace, in the long years to come, and behold the dwelling-places, churches, schools, liospitals, asylums, factories and marts of trade spread out BOARD OF STATE HOUSE OOMMlSSlONEUS. 2? around you, remember that aiiiong tliciii all you have no nion; ste;i(lfast, con- sistent or devoted friend than llie Ancient and Honorable Society of Freemasons; and here and now, with the favor of heaven resting upon us, I bid you God- speed in your beneficent mission of liberty and justice among the peoples of the earth. So mote it be ! Right Worshipful Grand Treasurer : It has ever been the custom of the Craft, upon occasions like the present, to deposit beneath the corner-stone certain memorials of the period at which it was laid. lias such a deposit now been pre- pared ? Then the Grand Treasurer said : It has, Most Worshipful, and the various articles of which it is composed are here safely enclosed. Then the Grand Master said : Rkuit Worshiufuu Grand Secretary: You will read the record of the articles to be deposited. Here the Grand Seoretaiy read the record of the articles as follows : CONTENTS OF I'.OX IN CORNIER-STONE. A silver plate with the following inscription : The box containing this plate was deposited in the stone upon which the corner-stone of a State House, erected l)y the State of Rhode Island and Provi- dence Plantations, to be occupied for the purposes of State Government, was laid in ample antl ancient form according to the usages of th(! fraternity of Free and Accepted Masons, October 15, A. D. 189G, by the Most Worshipful William H. Crawley, Grand Master of Masons in Rhode Island, assisted by the Most Wonshipful Grand Lodge : Cyrus M. Van Slyck, Deputy Grand Master ; Milton Livsey, Grand Senior Warden ; Fred G. Stiles, Grand Junior Warden;. William R. Greene, Grand Treasurer ; Edwin Uaker, Grand Secretary ; Grover Cleveland being President of the United States, Charles Warren Lippitt being Governor of Rhode Island and Providence Phuitations, and Edwin I). McGuiu- ness being Mayor of the (Mty of Providence ; the orator of the occasion being Honorable Rowland Hazard ; the chaplains, Right Reverend Thomas M. Clark, D. D., and Reverend Edward C. Moore, I). I).; the work being in charge of the Board of State House Commissioners, consisting of Ex-Governor Herbert W. Ladd, General William Ames, General Olney Arnold, Honorable Albert L. Sayles, Colonel Francis L. OTteilley, Ex-Governor John W. Davis, Ex-Governor and present United States Senator Geoi'ge Peabody Wetmore, Honorable Nathaniel B. Church, Honorable Joshua Wilbour, Honorable Rowland G. Hazard, Ex Cover- 28 BOAED OF STATE HOUSE COMMISSIONERS. nor D. Russell Brown, Honorable Ellery H. Wilson, Colonel Webster Knight, (Honorable Enos Lapham, a former Commissioner, having died) and Edward K. Glezen, Secretarj^ of the Board ; the architects of the building being Charles F. McKim, William R. Mead and Stanford White, all of the City and County of New York ; the builders being Orlando W. Norcross and James A. Norcross, of the City of Worcester and the Commonwealth of Massachusetts ; and the super- intendent being Gustav E. Wolters. A Copy of the General Laws of the State of Rhode Island. A Copy of the Rhode Island State Manual, 1895-1896. Acts and resolutions of the General Assembly connected with the State House as follows : Message of Gov. Herbert W. Ladd, 1890-1892. Message of Gov. John W. Davis, 1891. Certified Copy of a part of Gov. D. Russell Brown's Message, 1893. Reports of the Board of State House Commissioners for 1892 and 1896. Reports of Secretary of State. Certificate of appointment of Commissioners. Certified Copy, Chapter 1093, Public Laws. Certified Copy, Chapter 1322, Public Laws. Certified Copy, Chapter 913, Public Laws Certified Copy, Chapter 1201, Public Laws. Certified Copy, Resolution 45, January Session, 1890. Certified Copy, Resolution 46, January Session, 1891. Certified Copy, Resolution 4, May Session, 1891. Certified Copy, Resolution 45, May Session, 1891. Certified Copy, Resolution 41, January Session, 1893. Resolution, in January Session, 1890, appointing Herbert W. Liuld a member of the Board. • Ordinances, Resolutions and Documents of City of Providence, relative to the State House : Certified Copy of Message of Mayor of Providence, relative to location. Two Resolutions and an Ordinance of City of Providence, relative to location. Officers and members of the Senate of Rhode Island for 1896. Standing connnittees of the Senate and Senate members of joint committees, 1896. Roll of members and representatives and oflicers thereof for 1896. Standing connnittees of House and House members of joint committees for 1896. Report of Rhode Island Hospital for 1895. Report of Butler Hospital for 1896. BOARD OF STATE HOUSE COMMISSIOXEllS. 29 Report of Brown University for 1S95-18!)G. Report of Society for tlie Prevention of Cruelty to Animals. Report of Society for the Prevention of Cruelty to Children, 189o. Report of School Commissioner for 1895. Report of State Charities and Corrections for 1895. Report of State Census Bulletin. Report of Slanual Training School for 1896. Report of Rhode Island Historical Society. Coins of the United States (gold pieces, §30-10-5 ; silver, ^1.00, 50-25-10 ; nickel, 5 ; copper, 1 ; all of 1896.) Postage Stamps of United States., Providence Tax Book for 1896. Providence City Ordinances, 1897. Invitation, tickets and programmes for corner stone lajing. Oration of Hon. Rowland Hazard. Address by Hon. Herbert W. Ladd. Address of Governor Charles Warren Lippitt. Roster of First Light Infantry Regiment. Publication R. I. Historical Society. Providence News of October 14, 1896. Evening Telegram of October 14, 1896. Providence Daily Journal of October 15, 1896. Providence Telephone Directory. .lune 1, 1896. State Flag. List of Fire Alarm lio.xes in Providence, R. I. Photographs of the Governor of the Slate, the Orator and Chai)lains of the day, and the Board of State House Commissioners. Map of the city of Providence. Grand Lodge deposits. The Grand Mastortheii said : RiciHT Worshipful Gu.vnd Tufi.vsrKKU : You will now deposit these articles beneath the corner-stone, and may the Great Architect of the Universe, in His wisdom, grant that ages ui)Ou ages shall pass away ere they shall again be seen of man. Then, during sulemn music, tlie (;raiid Treasurer made the deposit. Tlien the ^Master Arcliitect presented tlic worthing tools to tlu; (Jrand JNIaster, saying : Most Worshii'fml : 1 present you the working tools of operative Masonry, which are considered by our Craft the most valued jewels of the Lodge ; symbols of important truths and teaching lessons of wisdom and morality. 30 BOARD OF STATE HOUSE COMMISSIONERS. The Grand Master then said : Worshipful (irand Master of Ceremonies you will attend, and when he came before the Grand East he delivered the working tools to him saying : Worshipful : You will deliver these implements of the craft to the proper officers. The Grand Master of Ceremonies delivered the square to the Deputy Grand Master, the level to the Senior Grand Warden, and the plumb to the Junior Grand Warden. The Grand Master, attended by the Grand Marshal and Grand Deacons, then approached the corner-stone, when it was hallowed, the Grand Master laying his hand thereon and saying : Almighty and Eternal God, by whom all things were made, grant that what- soever shall be builded on this stone may .be to Thy glory and to the honor of Thy name, to which be praise forever. Besponse. Amen ; so mote it be. The Grand Master then spread the cement under the stone, after which, during solemn music, the stone was lowered to the proper place, stopping twice in the descent. At each stop the Public Grand Honors were given, and after the salute from the Battery, the same were done when the stone touched the foundation. The ofacers then returned to their places, and the stone was tried, the Grand Master saying : Right Worshipful Deputy Grand Master: What is the jewel of your office ? Besponse. The Square, Most Worshipful. You will apply the Square to those portions of the stone which should be square. Besponse. Most Worshipful : I have obeyed your order, and find that the craftsmen have done their duty. Right Worshipfut- Senior Grand Warden: What is the jewel of your office? Besponse. The level, Most Worshipful. You will apply the level to those portions of the stone which should be level. Besponse. Most Worshipful : I have obeyed your order, and find that the craftsman have done their duty. Right Worshipful Junior Grand Warden: What is the jewel of your office ? Besponse. The plumb, Most Worshipful. BOARD OF STATE HOUSE COMMISSIONERS. 31 You will apply the plumb to those portions of the stone which should be plumb. Response. Most Worsiiipfti, : I have obeyed your order, and find that the craftsmen have done their dut}'. The Grand Master then approached the stone, and, striking it three times willi his gavel, said : To the glory of God, under the patronage of the Holy Saints John the Baptist and the Evangelist, I declare this stone to be well formed, true and trusty, and laid by us in ami)le form. The Grand Marslial being directed by the Grand Master, presented tlie eml)h!ms to tho proper officers, and tlie stone was then consecrated as follows : The Deputy Grand Master jioured (^orn upon the stone, and said : May the Grand Architect of the Universe strengthen and sustain the crafts- men wiiile engaged in tliis important work ; and may He ever bountifully vouch- safe the corn of nourishment to all employed in honest and useful toil. Bcsponsc. Amen ; so mote it be. The Senior (Jrand Warden poured wine upon the stone, and said : May the Giver of all good constantly refresh the craftsmen, and enalde them in due time to complete this work. RcHponse. Amen ; so mote it be. The Junior (irand Warden poured oil upon the stone, ;uid said : May the blessing of heaven descend upon this and all good works ; and may our craft long exist to pour the oil of joy upon the hearts of the widowed, the fatherless, and the distressed. Resj)onse. Amen ; so mote it be. Then the Grand Master said : May the Supreme Grand Architectof the Universe continue to guard and bless this place, and prosper the laudable works of all the inhabitants thereof ; may He protect the craftsmen employed in this work from every harm, and bring them into all good ; may He grant unto us all an ever bountiful supjily of the Corn of Nourishment, the Wine of Refreshment, and the Oil of Joy ; and may our country continue in peace and prosperity throughout all generations. Response. Amen ; so mote it be. Then was read : J was glad when they .said unto me, We will go into the house of the Lord. 32 BOARD OF STATE HOUSE COMMISSIONERS. Our feet shall stand in thy gates, O Jerusalem. Jerusalem is built as a city that is at unity in itself. For thither the tribes go up, even the tribes of the Lord, to testify unto Israel, to give thanks unto the Name of the Lord. For there is the seat of judgment, even the seat of tiie house of David. O pray for the peace of Jerusalem ; they shall prosper that love thee. Peace be within thy walls, and plenteousness within thy palaces. For my brethren and companions' sakes, I will wish thee prosperity. Yea, because of the house of the Lord our God, I will seek to do thee good. The Brethren responded : Allduia. Amen ; so mote it be. The Worshipful Grand Marshal then said : Brethren : You will now give the ancient salutation. Three Times Three following tlie battery as it salutes. The Grand Master then returned the working tools to tiie Master Architect, saying : My Brother ; Having, as Grand Master of Masons, laid this corner stone, I now return to you these implements of operative Masonry, to be deposited in their proper place until they shall again be required for our purposes. Tlie Grand Master then said : Worshipful Grand Marshal : You will now make proclamation that this corner stone has been laid in ample and ancient form. [Flovni^lt of frumjwts.] Tlie (irand Marshal then proclaimed : By the order of the Most Worshipful the Grand Master of Masons, I now pro- claim that this corner stone is laid in ample and ancient form, according to the customs and usages of Free and Accepted Masons. This proclamation I make once— [trumpet]— t\\\ce—[fnimpef]~thrice—[tr>nnpef] ; in the South— [trumpet] — in the West — [trumpet]— -.ind in the East. [Flourish of trumjyets.] Tiien was sung as follows : Be Thou, O God, exalted high. And as Thy Glory tills the sky, So let it be on earth displayed, 'Till Thou art here as there obeyed. Hon. Rowland Hazard, of Peace Dale, then delivered tlie oration of the oecasiori as followj^i : BOARD OF STATE HOUSE (COMMISSIONERS. 33 "We have met to lay tlie conier stone of the most costly and tlie most impor- tant public building ever planned to be erected within this State. The Master Mason has ah-eady placed the stone. We have witnessed the ceremony, and we have listened to the beautiful and imposing ritual which has been handed down from great antiiiuily. The rule and the level iiave been applied, and the stone has been pronounced square, and plvunb and true. It is massive and firm, lit to be builded upon. The fair structure, designed with so much skill, will now rise in all its beautiful proporlions, and in due time will be the (Uting home for the life of the State. The people of the State have ordered this building. The architects have given it shape and form. Between the people and the architects stands the Commission, the mouth-piece of the peoi)lc. While we admire the generosity of the people and the genius of tlic arciiitects, let us not fail to recognize the important work whicii this Conunission lias performed. Four j'ears have been consumed in acciuiriug the site, in studying plans, arranging details of use and occupancy, selecting materials and awarding contracts. The labor has been immense, and without remuneration. The State House ConnnLssion well de- serves the thanks of the people for the patience, perseverance and ability with which this labor has been performed. On an occasion which thus marks an era in our growth, it is well to look back- ward over the way by which wc have come. This spot where we now are is well suited to such a retrospect. An observer standing here two hundred and sixty years ago would have beheld the planting of Providence. At that time a broad cove stretched over the space now tilled with a network of railway tracks. It extended from the base of this hill, to very near where Westminster street now is. Into this cove the clear waters of th(^ Mooshassuc came down from the northeast, and the AVoonasi[uatucket from the west. On tiie eastern siile of the cove rose the steep sides of Prospect Hill, then clothed with primeval forest. Everywhere there was the silence of the wilderness. lu June, I60G, the boat (■ontaining Iioger Williams and his companions could have been seen making its way u[) the river from Pox Point. The party had previously landed at Slate Kock, and received the historic salutation, "What cheer, Netop." Pe-embarking, they descended the Seekonk, rounded the point and proceeded uj) the rivcsr. (ioing back over the two hundred and sixt}' years, we can picture the scene. From this very place we can see the placid cove, the forest clad hills, the clear winding rivers, the shining bay, and over all the soft light of a June morning. We can see the boat as it slowly comes onward along the eastern shore of the cove. Its occupants are seeking a suitable i)lace to land. They proceed northward, enter the Mooshassuc, and near its mouth, just across the valley from where vve now are, a line spring of [)ure water attracts 5 34 BOARD or STATE HOUSE COMMISSIONERS, their attention. There they land, and there they thank God for His guiding providence, and Roger Williams gives the name of " Providence " to this new plantation, in token of his gratitude. Roger Williams was sentenced to banishment from Massachusetts in the fall of 1635. It was at first promised that the execution of this sentence should be de- layed until the following spring, but in January, 1636, this promise was with- drawn, and it was proposed to send him back to England. Hearing of this, and undeterred by the inclement season, Williams set forth into the wilderness. In describing this journey he saj^s : "I was sorely tossed for one fourteen weeks in a bitter winter season, not knowing what bread or bed did mean." * This is no place to give an exhaustive account of the causes which led to Roger Williams' banishment. They have been fully given by others more able than myself. Judge Thomas Durfee, in his address delivered on the two hun- dred and fiftieth anniversary of the planting of Providence, has treated the whole matter in a most thorough manner, and the lamented Professor Diman, at the unveiling of tlie statue of Roger Williams in Roger Williams Park, in 1877, has given us a picture which must live in the memories of all who have read that masterly oration. Suffice it now to say, that whatsoever other reasons there may have been, it is a fact that Roger Williams persisted in declaring that the power of the magistrate did not extend to matters of religious concernment, and that the magistrate had no power to punisli for breach of the first four com- mandments, known as the first table of the law. He was five times summoned before the general court of Massachusetts, questioned on these matters and his teaching was declared to be dangerous. His view of religious liberty was, therefore, one at least of the reasons for his banishment. Holding these views he could not remain in Massachusetts. Rather than return to England he went forth into the wilderness. We find him in the following spring on the banks of tlie Seekonk river. But he was warned that he was still within tlie jurisdiction of Plymouth. He ac- cordingly set out in his boat, and, as we have seen, made the settlement at Mooshassuc. Prom that small beginning has grown this great and prosper- ous city. Just across the valley, yonder on Meeting street, where the puljlic school- house now stands, was erected the first court house or " Colony House." This was not completed until 1731. f For nearly a century the affairs of the little com- * Letter of Roger Williams to ATa,ior Mason, dated Providenoe, June 22, 1070. Publications of Narragansett Club, Vol. VI., p. 330. tThe vote ordering the erection of ttiis Colony House is dated in 1720. The first civil com- pact was probably adopted in 1037, the next year after tlie landing on the banlvs of the Mooshassuc. ]5()AIiD OF STATE HOrSF, rOMMISSIOKERS. 35 nioinvculth had not R-quiird tlic l)uil(lini>: of a house. Koircr Williams had pur- chased of thf natives a large tract of land at the very ])egiiuiing of the settle- ment, and this purchase was confirmed by deed from the Sachems Canonicus and Miantonomi in 1639. Roger Williams admitted to joint ownership in this land twelve of his companions, and they agreed among themselves that they would yield ol)edience to the government of the major part " only in civil things." * " Only in civil things ! " with these simple words there appears for the first time in history a civil government founded upon religious liberty. The great idea of freedom of conscience then took shape and form. Bound to- gether with this great idea was the democratic idea of government by the "major part." ( The two ideas grew and expanded togetlier. They arc the fundamental ideas of our State. They arc tlie foundation \\\)n\i whicli we build to-day. The first patentorcharter was (obtained in 10-i;>, under the autliority of IJobert, Earl of Warwick, and certain conuni.ssioners appointeil by the lords and com- mons. Twenty years later, on July yth, ICG:}, Charles II. granted the charter which served as the; fundamental law of KiiocU' Island for one hundred and eighty years. IJolh tlie patent, and charter gave full power of self goverment to the irdiabitants. This was a, most unusual i)rovision. Tiie fact that it was endjodied in tlu; charter of lOtJo, is, without, doubt, due to its presenc(; iu the first patent of 1048. This first patent was obtaincnl by the direct solicitation of Roger Williams, who went to England in order to procure it. He was greatly aided by Sir Ilcnry Vane, who.se name is too little remend)ercd in connection with tlii^ founding of Rhode Island. He was one of the commissioners who signed the first patent, and his influence was i)()tent in securing it, and engraft- ing upon it its most liberal and unusual [irovisions. Sir Henry Vane was of noljle fanuly, but a Puritan in heart and life. He came to Massachusetts just at the time of Roger Williams' banishment. He came from a sense of duty, from a desire, as he said, '" to walk in good con- science towartls God and towards man, according to the best light and under- standing God gave me.":j: With such ideals Vane sympathized with Williams, and became his firm friend. Soon after Sir Henry Vane's arrival lie was chosen *C'olouial Records, Vol. I., p. 14. tFor a time the governmental power was exercised Ijy the choice of five "disposers," to whom was given not only the power to dispose of the hind belonging to tlie Colony, hut to settle disputes l)y compelling artjitration. Tlusy also had general power to supervise the af- fairs of the little State. Any person aggrieved by the "disposers" conld have a new trial at the general town meeting. We have here a very early example of resort to arljitration in the settlement of disputes. The early settlers of Providence proposed to have no other method. tJ. Lewis Diman's Historical Address on Sir Henry Vane. Orations and Essays, p. 171. 36 BOARD OF STATE HOUSE COMMISSIONERS, governor of Massachusetts, and as governor and in his private capacity, he showed his friendship for Roger Williams. That they were very near to each other is shown by what Roger Williams wrote many years after concerning the purchase of the Island of Rhode Island, He says: " It was not price nor money that could have purchased the Island. Rhode Island was obtained by love, by the love and favor which that honorable gentleman, Sir Henry Vane, and my- self had with the great Sachem, Miantonomi." * After Vane returned to Eng- land, Roger Williams was a guest at his house while seeking to obtain the first charter. The influence of Vane was at that time very powerful in the Long Par- liament, and it is undoubtedly to that influence that Williams owed his success. The charter of 1663 followed the liberal provisions of 1643, and recognized in express terms the desire of the inhabitants of this colony " to hold forth a lively experiment that a most flourishing civil State may stand and best be maintained with full liberty in religious concernments."! Vane, by his powerful aid in securing the first charter, may be said to have secured the second also. The historian Bancroft, in giving an account of this transaction, says : "to the Long Parliament, and especially to Sir Henry Vane, Rhode Island owes its existence as a political State.":]; While, then, we honor Roger Williams, let us not forget Sir Henry Vane. His name well deserves a place in the history of the origin of our State. But, as I have said, the infant State at first required no State House, and it was not until 1731 that the first building called the " Colony House " was com- pleted. Its size was forty feet by thirty feet, with eighteen feet posts, and it cost £664, 9s. currency. They were afliicted with paper money in that day, the value of which was between fifteen and sixteen shillings currency for one Span- ish dollar. This would make the total cost of the building about eight hun- dred and eighty dollars, of our present standard. This little building served the purpose of a State House, or Colony House, for twenty-seven years. It was burned in 1758, together with the public library, which at that time it contained. || A new State House was ordered in 1759, and was nearly completed in 1762. That is the structure which is now used though it has been somewhat remodeled at various times. The cost of this building in 1762 was £51,556, Os., lid., " old * Te.stimony of Roger Williams, relative to the deed of Rhode Island, dated Providence, 25 August, 1C58. Publications of Narragansett Club, Vol. VI., p. 305. t Second address from Rhode Island to King Charles II. Colonial Records, Vol. I, p. 490. Also in charter of 1C(J3. Colonial Records, Vol. II., p. 4. i Bancroft's History of the United States, Vol. I., p. 425. Edition of 1870, Little, Brown & Co. II Staples, " Annals of Providence," p. 192 ; and II. C. Dorr, " Planting and Growth of Prov- idence." Rider's Historical Tract, No. 15, p. 150. r.OAIiD OF STATE HOUSE COMMISSIONERS. 37 tenor.'' Other iiccoimis audited in October. 17()4, swell the total amount to £61,246, " old tenor." "^^ Tiie cur.se of paper money had continued and grown more burdensome, so that at tiuit arty boarded the vessel and scuttled her near the point in the northern part of Newport harbor. They also carried oif her boats and burned tliem. Tliis is styled by the historian Arnold, " The tirst overt act of violence olTered to tin; British authority." :j; On June 10th, 1772, His Majesty's sloop "Gaspee," was seized and burned while aground on Gaspee Point, then calleil "Namquit." From this very spot the flames could be seen in the early June morning, and the site of the house is marked on South Main sUeet, where, the evening before, Joim Brown organized the expedition with Al)rahani Wliipple in conunand. The town was nolilied by beat of drum, and eiglil long boats went down the bay with mullled oars. * Acts and licsolves, lAbruary, ITC.:.', p. 17; and Iteport, of Cominittee, Oct()l)er, 1704. This sum and the reference in support of it liavc lieen furnislied liy Sidney S. Kider, to whom I am indebted for valuable aid from his uni(iue liislorical library. 1 In 17."» the population is .staled by Staples (Annals of Providence, p. S03), at 3,I(J'J. In 1771. (p. 237) it had increased to 4, .3-.il. t Arnold's History of Khode Island, Vol. II.. p 297. 38 BOARD OF STATE HOUSE COMMIRSIONEllS. The first blood of the Revolution was shed that night, when Lieut. Duddington, the otHcer commanding the " Gaspee," was severely wounded. Three years later, in June, 1775, this same Abraham Whipple who led the expedition against the " Gaspee," tired upon and captured an armed vessel be- longing to the British navy. Abraham Whipple was at that time the commo- dore of the Rhode Island navy.* Rhode Island thus began the war of the Revolution, upon the sea. The au- dacity of that attack on the great power of Great Britain, by this little colony, has never been equaled. On the fourth of May, 1776, two months before the Declaration of Inde- pendence was signed in Philadelphia, the general assembly of Rhode Island passed an act severing all connection with Great Britain, and repealing the act of allegiance to the British crown. f She was the first State to declare her in- dependence, and she has always been slow to give it up. Looking backward over this record, we may well be pardoned a feeling of pride. The idea of soul liberty, of freedom of conscience, upon which Roger Williams founded our State, has grown and expanded until it has permeated our whole nation, and is recognized as the true foundation principle by all Eng- lish speaking peoples. It is the corner-stone on which all true liberty is built up. It is no .small matter to be thus identified with the origin and growth of so important a principle. Side b3' side with the idea of soul liberty was the idea of the supremacy of the State. There was to be liberty of conscience, but not liberty to disturb the liberty of otliers. Roger Williams' first proposition was " that the magistrate ought not to punish for breach of the first table otherwise than in such cases as did disturb the peace." The power of the magistrate to preserve order was not to be impaired. The Rhode Island idea has always combined these conceptions. Liberty in all mat- ters of conscience, per.sonal independence, respect for the rights of others, and respect for law and order. These are the true priucii)les upon which our State is founded. They are the principles of eternal justice, and they are the princi- ples which are worthy to be preserved and handed down t(j those who come after us. It may be said tlmt the events I have described, the .scuttling of the " Liberty," * The navy of Rhode Island consisted at the time of two vessels. The larger was manned with eighty men and carried ten guns (four pounders) and fourteen swivel guns. The smaller was manned with thirty men. Colonial Records, Vol. VII., pp. 340. 347, See also "Rules and Orders for tlie Army of 01)servation of the Colony of J{liode Island, adopted May, 1775," Colonial Records, Vol. VII., p. 340. t Colonial Records, Vol. VII., p. 523. liOAlil) OF STATE HOUSE COMMISSIONERS. 39 the burning of the "Gaspee," and tlic attack on the British navj' were viohi- tious of hnv, they were disturhanees of tlie peace. Hut it must be remembered that the charter of Rhoch', Island gave her citizens the absolute right of self- government. In the estimation of the people at that time, the British armed vessels were interfering with this right of self-government. It lias never been a principle in Hhode Island that oppression should be tamely sulimitted to. The expedition against the " (Jaspee " was planned by tlu; best citizens. They believed they were striking a blow in defence of flieir rights. The actors were well known. Large rewards were oll'ered by the Briti.sh government for infor- mation which would lead to their conviction, but not a man was found iu the colony base enough to betray them. The breaches of the pea(H> wen; not against Rhode Island laws, but against tlie unwarranted acts of a foreign oppressor. This was the view^ at the time, and the acts were regarded as patriotic and virtuous. Cavillers may accuse Roger Wiiliams himself of being a disturber of the public peace lie was so accused in Massachusetts, and his doctrine was pro- nounced dangerous. But if we study his cliaracter, such accusation is seen to be without foundation, lie was (irst of all a respecter of th(! rights of others. He was a scholar versed in ancient and modern languages, the friend of Vane, of Milton and of CIromweli. lie was a student and a. born teacher. He learned the Indian language here, and in England he taught Milton Dutch. In this country liis aims were to do good to tin; natives, and to have a conscience void of otTence. He never wavered in Ids l)clicf in his great ju-inciple of soul lib- erty, and though he endeavored by stout arguments to (;onvince his opponents, he never forced any man's conscience. He was a seer who saw more clearly than any man of his time the true relation (if man to (iod. There is nothing finer in history than the reply made in accordanc(; with his leaching, by the col- ony of Rhode Island to the complaint of Massachusetts, tiiat Rhode Island was harboring (Quakers who ougiit, to be punisiied for their opinions : " we have no law among us wherf)by to punish any for only declaring hy words theire mindes and understandings concerning the things and ways of (Jod."- .\nd wiien it was hinted that the i)ower of the mother country would be invoked to compel Rhode Island to punish for opinion's sake, the same teaching prompted an ap- peal to the protector, asking that we "may not be comiielled to exercise any civill power over men's consciences soc longe as humane orders in poynt of civility are not corrupted and voyalated."f Yet Williams maintained fourteen jiropositions against the doctrines of the * Colonial Records, Vol. I., p. 377. t Colonial Records, Vol. I , p. 398, 40 BOARD OF STATE HOUSE COMMISSIONEES. Quakers, and was so earnest in his dissent that age did not damp his ardor. When seventy-two years old he arranged to discuss these propositions with rep- resentatives of the Quakers at Newport. To keep his appointment he rowed himself in an open boat from Providence to Newport; "and God," he says, "graciously assisted me in rowing all day with my old bones, so that I got to Newport towards midnight before the morning appointed."* No more striking example can be found of a refusal to force men's consciences, accompanied by a strong endeavor to convince their understandings by argument. Roger Wil- liams was no disturber of the peace. Ehode Island has sometimes been reproached for her hesitation in adopting the constitution. From our present point of view there certainly appears lo have been imnecessary delay. But if we go back in imagination to that time, we shall see that the delay proceeded from the invincible si)irit of in(l(;pendence to which I have endeavored to call your attention. Rhode Island was very loath to give up her power to manage her affairs in her own way. She feared en- croachments on her liberty by any government outside of her own. It had been almost solemnly declared "that the form of government established in Providence Plantations is Democratical, f that is to say a government held by the free and voluntary consent of all. or the greater part of the free inhabi- tants." She knew her own freedom ; she wished to have the powers of the government to which she was called upon to submit, most carefully defined be- fore she submitted. There was reason in this. The constitution was evidently not perfect. It was hardly ratified before ten amendments were found neces- sary. Was not Rhode Island bound to see that she took no step in the dark ? That she surrendered none of the liberties which she had secured for her people, and had enjoyed so long? That this was the feeling throughout the State is perfectly clear. On the twenty-fourth of June, 1788, the news was received at Providence that New Hampshire had ratified the constitution. The partisans of ratification proposed to celebrate the occasion. New Hampshire was the ninth State ; her ratification made the final adoption certain. Preparations were made on a large scale to make a double celebration on the approaching 4th of July. A whole ox was to be roasted, and speeches were to be made. The place selected was on the north side of the cove just below where we now stand. But a protest came up from all the country parts of the State. The night before the day fixed for tiie bar- becue, over one thousand armed men marched to this hill, determined to stop *niman's introduction to Williams, "George Fox ditrg'rt out of his Burrowes." Publica- tions of the Narragansett Club, Vol. V., p. XXVIII. t This word is written in large capitals in the original record. BOARD OF STATE HOUSE ('O:\IMISSI0NERS. 41 the merry making. A parley ensued and tlie celebration was linally allowed to proceed, with the understanding that it was to celebrate the Declaration of In- dependence only. No allusion was to be made to the ratification of the consti- tution. With this compromise the ox was roasted, general hilarity prevailed, and the country and city were harmonized. Perhaps this was the first step towards converting the country parts of the State to the belief that in ratifying the constitution they would not give up any vital part of that " democratical " independence which was now their proud possession. It required nearly two years for this belief to prevail in the minds of the people, and the constitution was linally ratified May 29, 1790. Rhode Island was the first to strike for inde- pendence before the Revolution, and the last to give up what seemed to her a portion of that independence, by submitting to the general government. Again Rhode Island showed the spirit which animated her sons when in 1842 an attempt was made to change the constitution of the State by methods not provided by law. A government was organized in opposition to the regular authorities, by virtue of an alleged popular vote taken in a wholly irregular manner. An attempt was made to seize by military force the arsenal in Provi- dence. I can well remember the thrill which went through the State. Busi- ness was suspended, and from all sides armed men were nuirched to Providence at the call of the regularly elected governor. " Old Narragansett rang with arms, And rang tlie silver bay. And that sweet shore whose girdled rharms Were Philip's ancient sway ; And our own Island's halcyon scene The bhu'k artillery sent ; And answered from the home of Greene The men of daiuitless l\ent." * The spirit of the law and order was vindicated, the rising of the people was so overwhelming that the pretended government was swept out of existence as before a whirlwind. No better reply can be made to any criticism of the action of Rhode Island at that time than that which is spread upon her records in answer to some resolu- tions passed by the legislature of Maine : " lihode Island can never forget her past history, her early struggles in the cause of religious freedom, her toils and sufferings and sacrifices in the War of the Revolution, and her jealous determi- * Written in July, 1842, by ]{ev. (Jeorge Rurgess of Providence. The whole of this spirited lyric may be found in the appendix to the address on "'The change in the civil government,'' delivered in Newport, May 3, lS-13. by I'rof. William (i. (Joddard. 6 42 BOARD OF STATE HOUSE COMMISSIONERS. nation at all times to secure to the people of Rhode Island the exclusive right to manage their own affairs in their own way."* And as we look back now, with unprejudiced vision and a calm spirit, it is plain that Rhode Island's way was a good way. First the law was upheld and order was reestablished. After lawlessness had been put down with a strong hand, then the whole question of an extension of the suffrage was examined, and the cause of grievance was removed. An equitable adjustment was made of all matters in dispute, by a regularly called and chosen constitutional con- vention. All parties quietly submitted to the government by the " major part." It is unnecessary to follow Rhode Island through the war for the Union. Her record is fresh in our memories. Time would fail me to even call tlie roll of those who in that time of trial were an honor to our State. Their names are inscribed on many a battle monument erected in the busy streets of our cities, or in the more grateful quiet of rural cemeteries. Suffice it to say that the Rhode Island spirit renewed its strength in those dark days of Civil War, and her sons showed themselves worthy to carry forward the standard of freedom and of right. I have dwelt long on these matters of Rhode Island history ; on these Rhode Island ideas ; on what Rhode Island represents and stands for in our body poli- tic. I would have it known and understood of all men that the house whose cornerstone we lay here to-day will not be a mere empty shrine. It is not to be a beautiful casket filled with nothingness. The principles which Rliode Island has wrought out and exemplified, the principles inculcated by Roger Williams and woven into the mental fiber of our citizens, the principles of liberty, of in- dividual independence, of respect for the rights of others, of obedience to law, of devotion to the State, of readiness to lay down life, if necessary, in defence of our loved institutions, these are treasures fit to be placed in the costliest re- ceptacle. These are our treasures; they belong to our State; they are our priceless inheritance. We are bound to transmit this inheritance unimpaired and untarnished to our children. * See a pamphlet printed ])y Knowles & Vose, Providence, 1845, entitled " Proceedings in the Rhode Island Legislature on Sundry Resolutions of the State of Maine." (In Rider's Histori- cal Library.) The 5th resolution in full is as follows : ''Resolved. That the State of Rhode Island, while she faithfully discharges all her constitutional obligations to her sister States and to the Government of the Union, can never so far forget her past history— her early struggles in the cause of religious freedom, her toils and sufferings and .sacrifices in the War of the Revolution— and her jealous determination at all times to secure to the people of Rhode T.sland the exclusive right to manage their own affairs in their own way. as not to re- pel with indignation every attempt, come when and whence it may, to deprive her of those constitutional safeguards wliich the fathers of the Republic established in order to preserve the peace, union and liberty of these confederate States." BOAIID OF STATE HOt^SE COMMISSIONERS. 43 Let us build this Itcaulilul temple, let it l)c rich and tine as art and skill can make it. Our State can will alford u costly house. We have need for a phice to store our goods, and we have waited long. A hundred and tliirty -seven years— four generations of men — have passed away since a building for a simi- lar purpose was begun for the use of this people. We have long outgrown the structure then erected. But the spirit in which those early legislators performed their duty can never Ije outgrown. We read at tlie end of the first body of laws ever promulgated in this colony, these words : " And otherwise than thus what is herein forbidden, all men may walk as their consciences perswade them, every one in the name of his God. And let the saints of the INIost High walk in this Colonic without Molestation, in the name of Jehovah, their God, for Ever and Ever."* This spirit which filled the minds and pervaded the work of our founders, and the ideas and principles which grew up and were formu- lated in that olden time, are imperishable. Let us transfer them in all their en- tireness to their new home. Let us give to them our honest, hearty, loving ad- hesion and support. Let us show to all future time that Rhode Island reveres all that is good in her past, that she glories in her inheritance of lofty ideas, and that she remains true to the teachings which they inculcate. Let us show that while we admire the beauty of the temple, we admire more what is to be placed within it. Here will gather the memories of all the worthies who took counsel together, who created the laws under which we live, and who jealously guarded and preserved the freedom which we to-day enjoy. These precious memories, these great thoughts, will move in stately procession to occupy and fid this beautiful building. Let no corner of it be empty ; and may these memories help to make the legislators who shall here assemble, worthy successors of those who have gone before. Above all, let us remember that the true glory of the State shines forth in the; spirit which i)roceeds from the hearts of its people, which emanates from the cottage as well as from the legislative hall, and be- lieving thus, let us all stand together on the Rhode Island platform, individual freedom, united devotion to the State, and hope and faith in God's over-ruling Providence. The entire audience then joined in sing-in,"' " America," with the accompaniment of the Band, during- which a sahite was fired by the Battery. Kev. Edward C. Moore, D. D., of the Central C^ongregational Church, Providence, then conchided the ceremonies with prayer as follows : * Colonial Records, Vol. 1., p. 190. 44 BOARD OF STATE HOUSE COMMISSIONERS. Almighty and Everlasting God, Who by Thy Providence didst guide our fathers to these shores, and Who through them hast given unto us so good a heritage of law and liberty, accept our thanks for all the mercies which Thou hast bestowed. Forgive us for our sins and cleanse us from them. Aid us in every work which we have undertaken in Thy faith and fear. Especially we pray Thy benediction on that deed which we, the people of this State, through these Thy servants, in Thy name have done. Grant that this house whose stone we have here laid with joy, may be completed with Thy blessing. May it stand to Thy praise, and be a home of justice, truth and pure authority unto us all. Vouchsafe, we pray, that men may always look to it with trust and hope, as sacred to good government. From it may only mercy and integrity proceed. And may our children and our children's children find here lionor, peace, pro- tection and that true prosperity which Thou givest unto nations whom Thy Spirit leads. All this we ask through the great grace of Jesus Christ our Lord. Amen. The Grace of our Lord Jesus Christ, the Love of God and the Communion of the Holy Ghost be with you all. Amen. The entire ceremonies were carried out without a flaw in sjDite of a cold and drizzling atmosphere. The procession was imposing* and the sidewalks of the streets through which it passed were crowded with citizens. The audience was large and attentive, and it can fairly be said that the laying of the corner-stone of the new State House was an epoch in Rhode Island history. APPENDIX 1>>. QUESTIONS SUBMITTED TO THE SUPREME COURT BY HIS EXCELLENCY THE GOVERNOR. Providence, R, L, March G, 18i)7. To the IlonoraUe the Sujjrerae Court of Uhode Jdand : Gentlemen: — At the election held November 8tli, 1892, the electors of Rhode Island authorized the issue of State bonds by adopting the following proposition : "Shall the General Assembly be authorized and directed to provide for the issue of State House bonds in an amount not to exceed the sum of $1,500,000, so much of said sum as may be necessary to be applied to the purchase of a site for, and the erection and completicni of, a new State House." In the oi)inion of tlie (!ourt In lie the State Ilou.se Fund, Index RR., pages 210 to 210, inchisivo, it is stated that said "fund is analogous to a trust fund and cannot be legally applied to any other purpose than that for which it was created, except by the consent of the people by whom it was created." In said circumstances the oinnion of the Court is respectfully requested upon the following questions : I. Can said State House fund legally be utilized to acquire a site for a State House, and to erect thereon a portion, as one- half or three-fourths, of a State House ? 46 BOARD OF STATE HOUSE f!OMMISSIONERS. II. Are the Commissioners created by Chapter 1201 of the Public Laws of Rhode Island trustees of said State House fund ? III. If said Commissioners are trustees of said State House fund can they legally contract for a State House on a site which, together with said State House, will cost a sum much greater than said trust fund ? lY. If said Commissioners are not trustees of said fund can they legally contract as specified in question III ? Respectfully submitted, Charles Warren Lippitt. ANSWER OF THE COURT. To His Excellency Charles Warren Li])pitt, Governor of the State of Rliode Island and Providence Plantations : We have received from your Excellency a communication re- questing our opinion ujion the following questions : " I. Can said State House fund legally be utilized to acquire a site for a State House and to erect thereon a portion as one half or three fourths of a State House ? II. Are the commissioners created by Chap. 1201 of the Public Laws of Rliode Island trustees of said State House fund? III. If said commissioners are trustees of said State House fund, can they legally contract for a State House on a site, which together with said State House will cost a sum much greater than said trust fund ? IV. If said commissioners are not trustees of said fund can they legally contract as specified in question III?" By the term " State House Fund," we understand is meant the sum authorized to be raised by loan by a vote of the people ]3<)A1{L) OF STATE lIoUSE COMMISSIONERS. 47 adopting the proposition for the issue of State bonds, and which proposition, contained in Pul). Laws II. 1. cap. 1093, passed May 19, 1892, reads as foHows :— "Shall the General Assembly be authorized and directed to provide for the issue of State Bonds in an amount not to exceed the sum of ^1,500,000, so much of said sum as may be necessary to be applied to the purchase of a site for, and tlie erection ailtl completion of, a new state house?" The first (piestiou calls for a constiuctioii of the language used in said proposition only, and for a definition of the limitations and conditions applicable to the use of said State House fund by the General Assembly, or by any officers or agents actiug under its authorit}^, be they called State House Commissiouers or other- wise howsoever. The last three cpiestions a])ply solely to the State House Com- missioners; and their scope, brieliy stated, we apprehend to be as follows : Can the State House Commissioners under their i)resent authority legally contract for the erection of a State House, which, Avhen completed, together with the site, will have cost more than $1,500,000? The first cpiestion is much broader than the other (piestions, in- asmuch as it ai)plies l)oth to the General Assembly — the creator, so to speak — ■, and to the State House Commissioners — its crea- tures. The State House Commissioners can only exercise the authority given them V)y the General Assembly which a[)i)()inte(l thom, and the General Assembly can only confer such authority as it is con- stitutionally authorized to confer. The General Assend)ly is con- stitutionally competent, through the agency of a connnission by it appointed, to build a State House at such cost as it sees fit, provided it does not thereby assume to incur a State debt with- out the ex]n-ess consent of the people, to an amount exceeding $50,000. It could, therefore, build a State House out of the funds of the State raised by taxation, or however otherwise legally de- 48 BOARD OF STATE HOUSE COMMISSIONERS. rived ; but it could not for that purpose constitutionally incur a State debt to an amount exceeding $50,000 without the express consent of the people (R. I. Con. Art. IV, § 13) ; and it could be years about it just as it mig-ht be convenient to raise the money and make successive appropriations. The General Assembly has seen fit, in building- a State House, %o resort — in part, at least— to a State loan authorized by the express consent of the people ; and the amount of the loan so authorized, the object to which the proceeds thereof are to be applied, and such other conditions, if any, imposed upon the authority to borrow on the State's credit, are contained in the proposition hereinbefore referred to and set forth. We have already said, in reply to a former inquiry whether this fund could legally and properly be used to pay the general ex- penses of the State for a period, at the termination of which it would be replaced, that it was " analogous to a trust fund, and cannot be legally applied to ' any other purpose than that for which it was created, except by the consent of the people by whom it was created." In Tie the State Ilovse Fund, 19 R. I. (RR.) 216, 219. What, then, is the meaning of the words as used in said propo- sition, " so much of said sum as may be necessary to be apjjlied to the purchase of a site for, and the erection and completion of, a new State House ?" In our opinion they have not such a definite and precise meaning as to operate as words of limitation upon the amount to be expended by the General Assembly upon the pur- chase of a site and the erection thereon of a State House, but are merely indicative of the purpose for which said loan was author- ized, and serve as a limitation only upon the use of the fund itself ; that is to say, no part of said State House fund shall be used for any other purpose than for the purchase of a site and the erection thereon of a new State House, until, at least, said State House shall have been completed. If said State House fund is not suffi- cient to finish the new State House, then the General Assembly can ai)ply towards its erection such other sums as are legally BOARD OF STATE HOUSE COMMISSIONERS. 49 ayailable for sucli purpose, derived either through taxation, other authorized loans, or otherwise howsoever, as it may see tit. If the people had intended to impose as a condition upon the use of the proceeds of the State bonds by the General Assembly, its officers or ag-ents, that no portion thereof should be applied towards the erection of a State House unless said $1,500,000 Avould suffice to entirely finish and complete the same, it is only reasonable to presume they would have used more definite, pre- cise and unandn.euous terms than those emi)loyed, to express an intent so easy to l)e exprcsstul in apt and meet phraseology. Our answer to the first (piestion, therefore, is that, in our opinion, said State House fund can legally be utilized in ac(puring" a site and erecting thereon such portion of a new State House as the same may be sufficient to pay for, whether it be one-half, or three-fourths, or any other iiroi)ortion. The question whether the State House Commissioners are " trus- tees," in the legal sense of the word, must be answered in the negative. They are entrusted with the disposition of a fund which is devoted by law to certain purposes which we have said is " analo- gous" to a trust fund; but so are other officials who could not be called trustees. The Governor, for instance, has at his dis])osal a certain fund which he may expend in his discretion for the appre- hension of criminals. This does not makt; him a trust(H3 and sub- ject his adnn'nistration of the fund to the supervision of a court of equity. In the case of a real trust, if the ti'ustec^ is guilty of misconduct he may be summoned to account, at suit of the benehciary, and he may l)e renioved and a successor may be appointed or the court may direct him how to administer tlu; fund, or assume the disiio- sition of it through a receiver or a master in chancery. These Conniiissioners are officials of the State, agents of tlu^ (icncral Assembly, and accountable to the legislature for their official acts. If public office is a public trust it is so in a, moral scmse, not in a legal intendment. 7 50 BOARD OF HTATE HOUSE COMMISSIONERS. As the third question submitted to us is predicated upon an affirmative answer to the second, no further consideration of it is called for. We now come to the last question. The authority of the State House Commissioners, so far as erecting a State House is con- cerned, is defined in Pub. Laws, R. I., cap. 1201, of May 24, 1893, which provides, hiie?'' alia, that certain persons, naming them, shall constitute a Board of State House Commissioners, who shall per- form the duties specified in said chapter ; shall hold office for a sufficient time to accomplish the piirposes of said act, and serve without compensation ; shall at once proceed to select and acquire a site for a new State House in the name of the State of Rhode Island ; and shall, in the exact language of Section 2 of said act, " erect thereon a new State House substantially in accordance with the plan accompanying the report of the State House Com- mission made to the General Assembly at its January Session, 1892, and recommended by said Commission." Section 3 is as follows: "Said Board is hereby authorized to make, on behalf of the State, all contracts for the construction of said State House and the furnishing thereof, and for the grading and putting into suitable condition the grounds surrounding the same, provided that all portions of said work exceeding in cost the sum of five hundred dollars shall be done by contract, and that proposals for all work or material exceeding one thousand dollars in value shall be advertised for." Said Chapter 1201 also authorized and di- rected said Board to employ a competent architect or architects, and authorized it, if it deemed it advisable, to employ a superin- tendent, a secretary, and other assistants, and to fix the compen- sation of all persons so employed ; also to hire offices necessary for the proper carrying on of its labors. To meet the expenses incurred under said act registered bonds to an amount not exceed- ing $1,500,000, to be designated " The State House Construction Loan," were authorized to be issued from time to time, at such times and in such installments as the said Board shall determine, to the highest bidder, but at not less than the par value thereof BOARD OF STATE TlOtSE COMMlSSIONEltS. 51 and the amount received from the sal(^ of saitl l)()nds less any premium received over the [)ar vahie, or so much therecjf as might be necessary was thereby, in the exact hmgiiage of the act con- tained in Section 9, "appropriated for the payment of bills audited by said Board, or by a committee thereof duly constituted for that purpose." The State House Commissioners were likewise recpiired to submit a report annually to the General Assembly as to the progress of the work and what contracts had l)ccn entered into by them since the last preceding report. The State House Commissioners must act strictly within their authority. If they were authorized to erect a building, the cost of which together with the site Avas n(jt to exceed >rl, 500,000, then their power was limited to the expenditure of tlu; restricted sum ; Tvrney v. Tovjn of Brhhjcport, 55 Conn. 412 ; and they nuist keep within their authority in all other respects. Itnyion Klevtr'tv, Co. V. (Jlty of Caiuhrhhje, 1G3 Mass. (il, (58, and cases cited. In brief they were authorized, Hrst, to select and actpiire a site in the name of the State of Ilhode Island. It will be noted that no limitation was put upon the location, nor the size of the site, nor the price to be paid. Nothing is said in Chap. 1201 whether it was to be merely large enough to accommodate the luiildiug, as is practically the case in Massachusetts, or whether it was to be a park, as in the case of Connecticut and some other states ; nor whether it was to be located in the City of Providence, the City of Newport, or elsewhere within the State. The site having been acquired, they were authorized, secondly, to quote the words of the act, "to erect thereon a new State House substantially in accordance with the plan accompanying the report of the State House Commission made to the General Assembly at its January session, 1892, and recommended by said Commission." It will be observed that the State House Commission last al)ove referred to, is not the present Board of State House Commissioners appointed in Chap. 1201, though a large majority of the present Board were members of the former Commission. The duty of the [)resent Board, then, was to erect a State House substantially in accord- 52 BOARD or STATE HOUSE COMMISSIONERS. ance with said plan ; but the report accompanying- the plan no- where fixed a limit of cost of the building, althoug-h one of the conditions prescribed for competing architects, contained in said report, stated that the designs submitted should be of a fire proof building, and one that could be completed at a cost not exceeding- $1,000,000, on a good average foundation ; and three bids by one contractor for erecting a State House according to the plan re- commended by the Commission and referred to in Chap. 1201, were given, varying in amount, the highest from the lowest, nearly $200,000 according to the material used, and two of said bids ex- ceeded $1,000,000, one by $83,000, and the other by $175,000. The sum cqyjjroj^nated under said Chap. 1201 for the payment of bills audited by said Board amounted to $1,500,000. In our opinion said references to sums of money do not operate as a limitation upon the cost of the building and its site ; for w^e think the amounts named by the former commission, in its report, were but expressions of opinion, {Shea v. Inhahltants of M'dford, 145 Mass. 528, 529, 531), and the General Assembly apparently so regarded them, as in Chap. 1201 it appropriated a much larger sum than either of the bids given in said report, although, of course, the cost of a site Avas problematical, as was also the cost of furnishing the State House after it was constructed, and of grading and putting the State House grounds into suitable con- dition as provided for in Sect. 3. If a limit to an exact sum was intended it was a simple matter for the legislature to have added to the description of, or reference to the building to be constructed, the words, not exceeding in cost the sum of $1,600,000, or any other figure it saw fit, or to have used other apt words to express its intention. Limitations upon the cost of public buildings w^ere not unknown in this State, as the original act for building the Providence County Court House provided for a commission, in the language of the act, " for the purpose of building a court house on said lot at a cost not exceeding $150,000;" and by later legislation in regard to the same subject the Court House Com- missioners were, to (piotc again, " empowered to build a new court ]U)A]{r) OF STATE HOUSE COMMISSlOXiniS. 53 liouse upon tlie lot in said act desio'iiatcd, sii1)staiitially ac-conling- to the plans submitted to the Clcneral Asscnd)]y ; and said com- missioners are hereby em})()'svered to advertise for proposals, and to make contracts for the construction of said new conrt house and to superintend the same until comi)leted ; ])rovided, however, that said commissioners shall not make contracts for the expendi- ture of a greater sum than ^20(),()0(), A\itliout fuithcr authority from the General Assembly." Though the (!ourt House Commis- sioners were authorized to contract to the amount of $200,000, yet but 1100,000 was then api)ropriated for carrying out the i)urpose of their employment, other appropriations being made later ; the total of the appropriations finally authorized and made being $225,000, the cost of the completed structure being slightly less than said last mentioned sum. 11. I. Acts A- lies. Jan. 1875, 169, 312; Jan. Ses. 1870, 2:J0 ; Jan. Ses. 1877, 212. The only limita- tion as to cost, placed upon the present State House Commis- sioners, is that the building shall be substantially in accordance with the plan hereinl)efore referred to; and that is far from defi- nite. It is evident that very broad authority was given, l)ut that was the concern of the Genei-al Assembly as it could constitution- ally confer such authority as it saw fit, provided it did not assume to incur a State debt of more than $50,000 without the express consent of the people. In Shea v. Iiihah'dant^ of Milford, tsujrra, where a contractor sued the town for work done and material furnished in erecting the Memorial Hall in Milford, the defence being that the com- mittee entrusted with doing the work had exceeded its authority, Mr. Justice Wm. Allen, in dehvering the opinion of the Supreme Court of Massachusetts, used this language : " It is further argued that the committee could not make any contract Avhich involved an expenditure in excess of the whole amount appropriated by the town, $22,000. The vote does not expressly prohibit the com- mittee from incurring lial)ilities beyond the amcmnt of the appro- priation, and we do not think that such prohibition can be implied. While it was probably intended to make an approi)riation largo 54 BOARD OF STATE HOUSE COMMISSIONERS. euougii to cover the contract price and such extra work as would be likely to be required, there seems to be no prohibition against contracting for ' extra work ' beyond the amount of the appropria- tion, if circumstances should justify and require it." Should the State House Commissioners make contracts for more than $1,500,000 their action would be void in so far as it involved a violation of the constitutional restriction in regard to incurring debt; and then too, there is an evident purpose manifested in Sect. 9 of Chap. 1201 that whatever the cost of the State House and site may be, the State shall only be compelled to pay as fast as the General Assembly shall see fit to provide funds and appro- priate the money. In reply to the last question we are of the opinion that the State House Commissioners can legally contract for a State House, which together with the site will cost a sum as much greater than said State House fund as is necessary to enable them to erect a State House substantially in accordance with the plan referred to in said Section 2 of Chapter 1201 : Pruvided, however, that all contracts made by them in excess of said State House fund shall stipulate that no money shall be required to be paid thereon whenever and so long as there shall be no unexpended appropria- tion applicable to the payment of bills audited by said Board of State House Commissioners. Owing to the absence of Mr. Chief Justice Matteson from the State we have been unable to confer with him. John H. Stiness, P. E. Tillinghast, Geo. a. Wilbur, Horatio Kogers, Wm. W. Douglas. ^ A LIBRARY OF CONGRESS 014 110 274 6 i