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Illustrated Episode · Volume I, chapter 62 · 27 June 1705

Hooted down the street

A stout man in a long wig and brown coat walks stiffly down a dusty street with a clerk, while a crowd of workmen behind him hoots and waves their hats, with a harbor and ship masts at the end of the street.
Newport, Rhode Island, June 1705. Judge Nathaniel Byfield has just declared the colony's privateering commission void. About eighteen Newport men who tried to force a paper on his court follow him out and hoot him down the street. Rothbard cites the scene as Rhode Island's contempt for Governor Dudley's admiralty power, and the colony kept its charter. Chapter 62 of Conceived in Liberty.

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Adapted from Murray N. Rothbard, Conceived in Liberty (Mises Institute, 2011), CC BY 3.0.

What happened

In June 1705 a Rhode Island privateer, Captain John Halsey's brigantine Charles, brought a prize into Newport under a commission from Governor Samuel Cranston. Rhode Island's elected governors had been issuing such commissions on their own authority, and Joseph Dudley, the royal governor at Boston, meant to stop it: the Queen had told the colony it had no admiralty power, and Dudley's judge of admiralty, Nathaniel Byfield, crossed to Newport on 27 June to try the case himself. Byfield held his court, declared Cranston's commission illegal and void, and then, on Dudley's advice, condemned the prize to the captors anyway, saving the Lord High Admiral's share. Byfield wrote that it appeared to be a Spanish ship; Rothbard has it French. Then about eighteen "lusty fellows" drew up to the table where he sat and handed his Register a paper defending the governor's commission. Byfield took it out of the man's hand, let nobody read it, and dismissed the court. By his own report to the Queen's secretary of state, when he came out he "was hooted down the street by those fellows that offered the paper," and the government of Rhode Island took no notice at all (Rhode Island Colonial Records III, p. 539). Rothbard cites the scene for Rhode Island's disdain for war and the state and its refusal of Dudley's admiralty (CiL, p. 470). Dudley's campaign against the charter failed, and Rhode Island went on commissioning its own privateers.

Sources

  1. Murray N. Rothbard, Conceived in Liberty (Auburn, Ala.: Mises Institute, 2011 single-volume ed.), vol. I, ch. 62, pp. 468-473. CC BY 3.0. Rothbard
  2. Col. Nathaniel Byfield to Sir Charles Hedges, Bristol, 19 July 1705, and the Assembly's act and Governor Cranston's letter to Byfield of 16 June 1705, in John Russell Bartlett, ed., Records of the Colony of Rhode Island and Providence Plantations in New England, vol. III, 1678-1706 (Providence: A. C. Greene, 1856), pp. 536-540. Primary source
  3. Fashion Institute of Technology, 'Fashion History Timeline: 1680-1689' (fashionhistory.fitnyc.edu, accessed 2026-09-29): European men's fashion of the 1680s, the shaped knee-length justaucorps with a lace cravat and full-bottomed wig; colonial merchants and officials followed it at a distance. Secondary source
  4. 'Wanton-Lyman-Hazard House', Wikipedia (accessed 2026-09-29), a 1697 house in Newport. Secondary source
  5. David Hackett Fischer, Albion's Seed: Four British Folkways in America (New York: Oxford University Press, 1989), 'Massachusetts Dress Ways'. Secondary source