USA > Rhode Island > Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V > Part 10
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GENERAL TREASURER.
Mr. Jolın Gardner.
ATTORNEY GENERAL. Mr. Daniel Updike.
COMMISSARY. Mr. John Gardner.
Voted and resolved, that Messrs. Samuel Rodman, Tedde- man Hull and Abel Franklin, be, and they are hereby appoint- ed a committee to view the pier, at Block Island, and see if the same be completely finished, and make report to the next ses- sion of this Assembly.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the fourth Tuesday in May, 1745.
The Hon. Gideon Wanton, Governor. The Hon. William Robinson, Deputy Governor. With the assistants and deputies from the several towns.
An Act for raising three companies of soldiers to join the forces of the neighboring governments sent against the island of Cape Breton. VOL. V. 15
Capt. William Rice,
Mr. Benjamin Weight, Mr. Jeremiahı Niles,
SECRETARY.
Mr. James Martin.
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RECORDS OF THE COLONY OF RHODE ISLAND [1745.
Whereas, the town of Louisbourg, on the island of Cape Breton, is now actually besieged by the forces sent against it, by the Province of the Massachusetts Bay, and the other neigh- boring governments, and it having been represented to this As- sembly, by the copy of a letter from the general of the said forces that a reinforcement of men is wanting; and lest any enter- prise of such importance to all His Majesty's dominions, should be frustrated for want of some timely assistance ;-
Be it therefore enacted by the General Assembly, and by the authority of the same, that three companies of soldiers be im- mediately enlisted in this colony, consisting of fifty men each exclusive of commissioned officers, in order to join the said forces ; and that there be appointed to each company, one cap- tain, one lieutenant, and one second lieutenant or ensign ; which officers shall be sworn and commissioned by His Honor, the Governor, accordingly ; and all subaltern officers shall be appointed by the said commissioned officers of each respec- tive company, out of the men which they shall enlist.
[Here follows the mode of organization of the companies, the rate of pay allowed to the several officers and men, form of oath to be taken, etc.]
And be it further enacted by the authority aforesaid, that in case a sufficient number of volunteers cannot be enlisted, as aforesaid, that then it shall, and may be in the power of the Governor of this colony, to grant forth his warrant to impress so many as will make up the aforesaid number.
Provided, that no person be impressed into said service, ex- cepting transient sea-faring men, and persons who have no cer- tain place of abode, or such as have no visible honest means of getting their living; and if any person shall be impressed con- trary hereunto, that then the person so impressed, or any other person on his behalf, procuring a certificate from one or more assistant, justice of the peace, or warden, that he is not such a person as above described, and allowed to be impressed, that then the officer who hath impressed or detained such person, shall immediately discharge him,
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And it is further enacted, that each soldier who shall be en- listed, or impressed as aforesaid, shall, as soon as can be con- veniently sent to the town of Newport, and there be placed in such convenient place for their subsistence by the commissary as His Honor, the Governor, shall direct, at the charge of the' government.
And it is further enacted, that Capt. Jonathan Nichols and Capt. George Wanton, be a committee to hire a convenient vessel or vessels to transport the said officers and soldiers, as well to the said island of Cape Breton, as back again to this colony ; and that the commissary procure a sufficient quantity of provisions, stores, arms, ammunition, and all other necessa- ries for the aforesaid number of soldiers, during the said expe- dition, allowing to each soldier the same allowance of provi- sions and rum as is allowed by the law of this colony to the men serving on board of the colony sloop ; and that the com- missary make use of the colony's arms for the use of the said expedition, if there be a sufficient number over and above what is necessary for the use of the men ordered to be at the fort; and that each soldier shall be armed with a small arm, cutlass and cartouch box.
And it is further enacted, that the aforesaid number of men to complete the said three companies, shall be raised and ready to embark within twenty days after the publication of this act.
And be it further enacted by the authority aforesaid, that for a present supply of the treasury, for the defraying the charges and expense of enlisting and paying the said soldiers, and all other expenses relating thereto, the grand committee shall cause to be struck off from the great plate, the sum of £3,750, in bills of the new tenor; and shall sign the same, and deliver it to the general treasurer ; which sum shall be appropriated for the uses aforesaid ; and shall be called in and sunk by a tax on the polls and ratable estates of the inhabitants of this colony, in the following manner, viz. :
One-third part thereof, in the year 1750; one-third part, in the year 1751; and the remaining third part, in the year 1752; which taxes shall be proportioned to the several towns
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[1745.
in this colony, according to the number of polls and the value of ratable estates in each respective town.
And be it further enacted by the authority aforesaid, that the forces to be raised as aforesaid, be joined to the regiment of the colony of Connecticut; and that His Honor, the Gov- ernor, write to Lieutenant General Wolcot, and advise him thereof; and that His Honor, the Governor, put out proclama- tions in print forthwith, agreeably to this act for encouraging soldiers to enlist.
Voted and resolved, that His Honor, the Governor, be request- ed to give the necessary order for all prisoners of war within the county of Newport, to be apprehended and kept in safe custody.
Voted and resolved, that His Honor, the Governor, be re- quested to write to Capt. Daniel Fones, commander of the colony sloop Tartar, and give him instruction to continue in the expedition against Cape Breton, as long as the nature and circumstances of said expedition shall require ; unless he shall have instructions from the General Assembly to the contrary.
Voted and resolved, that His Honor, the Governor, be re- quested to write to the agent, and direct him, that for the future, when he writes to the Governor of this colony, upon the public affairs thereof, that he superscribe his letters to the Gov- ernor and Company of the colony of Rhode Island, &c.
Whereas, Messrs. Samuel Rodman, Teddeman Hull and Abel Franklin, were, by the General Assembly, at their session, held in May last past, appointed a committee to view the pier, at Block Island, and see if the same was completely fin- ished, did now make report, that pursuant io the aforesaid vote of the General Assembly, they had viewed the said pier, and found it to be completely finished.
Whereupon, it is voted and resolved, that said report be ac- cepted.
Voted and resolved, that Benjamin Hassard, Peter Bours and Daniel Updike, Esq., be, and they are hereby appointed a committee, to take into consideration the last petition of the Massachusetts agent, to the Right Honorable the Lords of the
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Committee of His Majesty's Most Honorable Privy Council, re- specting the controversy about the boundaries between the said Province of the Massachusetts and this colony; and make such remarks and form such instructions thereon, as they shall think necessary, and present the same to Ilis Honor, the Gov- ernor, in order to be sent to the agent by the first opportunity, and lay a copy thereof, before this Assembly, at their next session.
Voted and resolved, that the committee appointed to revise the laws of this colony, and get them printed, be, and they are hereby empowered and directed to get all the books bound with marble paper, in the same manner as that which is pre- sented to this Assembly, at the charge of the colony.
Voted and resolved, that Messrs. George Wanton and Josias Lyndon, be, and they are hereby appointed a committee, to procure a draught or plan, of Fort George, and the harbor of Newport, in order to be sent home, for the information of the board of ordnance, in respect to the petition of this colony, to His Majesty, for a number of cannon.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 18th day of June, 1745.
The IIon. Gideon Wanton, Governor.
The IIon. William Robinson, Deputy Governor. With the assistants and deputies from the several towns.
An Act for raising marines to serve on board the ship Vigilant, a man-of-war, now in His Majesty's service, before the har- bor of Louisbourg, on the island of Cape Breton.
Whereas, Peter Warren, Esq., commodore of His Majesty's fleet at Cape Breton, has taken a large French man-of-war, called the Vigilant, the manning of which ship with able sea-
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[1745.
men, will be greatly for the service of His Majesty, and con- tribute much to the blocking up of Louisbourg, and reducing the same, which this government being informed of, and being ready to promote His Majesty's service in general, and to pre- vent the good design of the said commodore from being de- feated, are willing to give all due encouragement of able bodied sailors to enter immediately into His Majesty's service, on board said ship Vigilant ;-
Be it therefore enacted by the General Assembly of the colony, aforesaid, and by the authority thereof it is enacted, that a number of able bodied seamen, not exceeding two hun- dred, be immediately enlisted into His Majesty's service, for manning the said ship; and that each man who shall so enlist, shall be entitled to a bounty of €17, old tenor, to be paid by this colony ; and that all the sailors that shall be enlisted as aforesaid, be sent to Boston, by the 22d day of this instant June; and they shall be upon their enlistment, exempted from all arrests and restraints in the same manner as those who en- list in the land service, to go to Cape Breton, are by act of As- sembly of this colony exempted.
And that Messrs. Ezekiel Hubbard and Seth Harvey, of said Newport, mariners, be, and they hereby are appointed to enlist seamen in manner as aforesaid ; and that said two gentlemen be recommended by His Honor, the Governor of this colony, to the Honorable Commodore Warren, as persons very suitable to serve His Majesty on board said ship.
And that Capt. Benj. Wickham, be, and he hereby is appoint- ed to receive of the commissary for this colony, the bounty mon- cy, and to pay the same to such seamen as shall enlist themselves aforesaid ; and that he take the care and charge of such en- listed men, in behalf this colony, and conduct them to Boston in the best and most expeditious manner he can, in order to be forthwith sent to the said Commodore Warren, in the aforesaid service ; applying to Ilis Excellency, Governor Shirley, for a certificate, that he has discharged his duty herein.
Voted and resolved, that Ilis Honor, the Governor, write to His Excellency, William Shirley, Esq., Governor - of the Prov-
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ince of the Massachusetts Bay, and inform him what this gov- ernment has done, in order to raise a number of seamen for manning the ship Vigilant, and that he request of His Excel- leney a certificate that all such seamen as shall be raised in this colony, be entitled to the same privileges as those raised in the province, aforesaid; and that he also write to the Hon. Commodore Warren, and inform him in the same manner, and request of him the same privileges.
Voted and resolved, that no ferryman, boatman, or any other person, transport any seaman off from Rhode Island, for the space of three days from the 19th day of June instant, upon the penalty of £20 fine for every seaman that shall be trans- ported as aforesaid, (except by certificate from His Honor, the Governor,) to be recovered by the general treasurer ; and that the sheriff of the county of Newport notify every ferryman on the island of Rhode Island thereof, immediately.
Voted and resolved, that no ferryman, boatmen, or any other person, carry or transport any seaman off from the island of Conanicut (unless to land them at Newport) for the space of three days, upon the penalty of £20, for every person that shall be carried or transported, as aforesaid, from said Conani- cut, (unless by a certificate from His Honor, the Governor,) to be recovered by the general treasurer ; and that the sheriff of the county of Newport, send a copy of this vote to each of the ferrymen at Conanicut.
Voted and resolved, that the captain of Fort George, be, and he is hereby directed and empowered to stop all sloops, boats, canoes and all other vessels whatsoever, from going out of the harbor of Newport, until the 23d day of June instant, (without the special license of the General Assembly,) and that he take the most effectual method for the same, ferry boats excepted.
Voted and resolved, that His Honor, the Governor, give out warrant immediately to impress forty seamen to man His Maj- esty's ship Vigilant ; and if any of those who shall be impress- ed, shall afterwards enlist, they shall be entitled to the bounty as though they were not impressed ; and that the whole be executed between this and 3 o'clock, to-morrow in the after-
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RECORDS OF THE COLONY OF RHODE ISLAND
[1745.
noon ; and the officer who shall impress seamen, as aforesaid, is hereby empowered to confine them at the fort, er in prison, as he shall think proper.
Voted and resolved, that Capt. Benjamin Wickham, be, and he is hereby empowered to receive of the commissary what money may be sufficient to pay the expenses of carrying the seamen to Boston, who are, and shall be enlisted, to man the ship of war Vigilant.
Voted and resolved, that the time for completing the three companies, (as well by impressing as enlisting,) to go in the expedition against Cape Breton, and getting them ready to embark, be lengthened out, not to exceed the 30th day of this instant June ; but that the same be done as much sooner as possible.
Whereas, it has been represented to this General Assembly that Ann Franklin has printed a number of colony law books for herself, over and above what she was employed to print for the colony, without the consent of the committee, appointed to get the same printed ;-
It is therefore resolved, that the said Ann Franklin, or any person in her behalf, do not sell any of said books within one year from the rising of this Assembly, upon the penalty of £5 for every book that shall be sold, as aforesaid ; to be recovered by the general treasurer; and that a copy of this vote be de- livered to her by the secretary.
Voted and resolved, that no ferryman, boatman, or any other person, carry or transport any scamen off from Rhode Island or Connanicut, till the 26th day of this instant June, at 3 o'clock, in the afternoon, upon the penalty of £20 fine, for every sea- man that shall be transported, as aforesaid ; to be recovered by the general treasurer, (except by a certificate from His Honor, the Governor.)
And that the captain of Fort George, be, and he is hereby directed and empowered, to stop all sloops, boats, canoes and all other vessels whatsoever, going out of the harbor of New_ port, until the 26th day of this instant June, at 3 o'clock, in the afternoon, without the special license of the Governor ; and
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that the said captain of the fort take the most effectual care for the same, excepting ferry boats ; and that the sheriff of the county of Newport inform the several ferrymen of what relates to them in this act.
Voted and resolved, that all the colony law books, when fin- ished, be lodged in the hands of the general treasurer, and by him to be sold for thirty shillings apiece.
Voted and resolved, that all the soldiers who are enlisted for the expedition against Cape Breton, be forthwith sent to the fort, with their blankets, there to remain till they embark; and if they can't conveniently lodge there, that they lodge on board the transport.
Whereas, Benjamin Hassard, Peter Bours and Daniel Up- dike, Esqs., were at the last session of this Assembly, appointed a committee, to take into consideration the last petition of the Massachusetts agent, to the Right Honorable, the Lords of the Committee of His Majesty's Most Honorable Privy Council, re- specting the controversy about the boundaries between the said Province of the Massachusetts Bay and this colony, and make such remarks and form such instructions thereon, as they should think necessary, in order to be sent to the agent by the first opportunity, did now make report, and presented some re- marks on the petition of Christopher Kilby, Esq., the said Massachusetts agent, which they judged proper for His Honor, the Governor, to transmit to our agent, for this colony ;-
Whereupon, it is voted and resolved, that the same be ac- cepted and approved of; and that a fair draught be signed by His Honor, the Governor, and sent to our said agent.
Whereas, Messrs. George Wanton and Jonathan Nichols, were appointed by the General Assembly of this colony, at their last session, as a committee, to hire a suitable vessel for transporting of the forces to be raised to go in the expedition against Cape Breton, did report, that they had hired of Messrs. William Ellery and Philip Tillinghast, both of Newport, in the county of Newport, merchants, a brigantine, called the Success, for transporting the said forces to Cape Breton, aforesaid, as by
VOL. V. 16
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RECORDS OF THE COLONY OF RHODE ISLAND [1745.
a charter party from said Ellery and Tillinghast, will more fully appear, being herewith presented ;-
Whereupon, it is voted and resolved, that the said report be accepted.
Voted and resolved, that Messrs. Ezekiel Hubbard and Seth Harvey, be allowed and paid, each of them, the sum of £40 by the commissary, for their extraordinary trouble in enlisting seamen, &c., for manning the ship of war Vigilant, to be em- ployed in the expedition against Cape Breton, to procure them sea stores, &c.
Voted and resolved, that the account of Ann Franklin, amounting to £6 10s., for printing proclamations and extracts of letters for encouragement of soldiers and seamen to enlist, be allowed and paid out of the general treasury.
Whereas, James Davis, keeper of His Majesty's jail, in New- port, presented an account to this General Assembly, of £40 1s. 3d., for keeping seven French prisoners of war, of which said account was allowed to be paid, £30 1s. 10d., to the said James Davis, in full satisfaction thereof; but he afterwards, at the same session, setting forth, that the said prisoners were very sick, and not one of them able to help himself, nor walk alone, without assistance, required particular diet, care and attend- ance, which was performed faithfully, and therefore prayed to be allowed his whole account ;---
It is thereupon voted and resolved, that the said sum of £3 01s. 10d., and considering the extraordinary trouble and charge the said James Davis had with said prisoners, they being in such a low and weak condition, the further sum of £9 12s. and Sd., be both paid to the said James Davis, out of the general treasury, in full satisfaction for his account.
Whereas, George Ninegret, sachem of the Narragansett Indians, did represent to this General Assembly, that his late deceased brother, Charles Ninegret, (who was sachem of the said Narragansett Indians,) did, in his life time give twenty acres of land, as a glebe to, and for the church of England, in Charlestown, in said colony ; but his said brother dying before
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he had made and executed a deed for the same, the said George Ninegret therefore requested leave of the General Assembly, that he might, by a proper deed for that purpose, establish said twenty acres to, and for said church ; and also, to give and convey twenty acres more of his land, in said Charlestown, for the same use, in such place as shall be agreed on by himself and trustees ;-
Upon consideration whereof, it is voted and enacted, that the said George Ninegret, be, and he is hereby allowed to pass a deed for the said twenty acres of land given by his said broth- er Charles Ninegret ; and also, for the twenty acres of land, that he gives himself, to, and for the use of the church in Charlestown, aforesaid, in such place or places as he and his trustees shall think proper; and that such deed or deeds so given by him, as aforesaid, shall be good and valid in the law, for the uses therein designed, to all intents and purposes whatever.
Voted and resolved, that His Honor, the Governor, be re- quested, and he is hereby fully empowered to continue out his impress warrant for filling up the companies raised to go in the expedition against Cape Breton, until the transport is sailed, if there be occasion.
Voted and resolved, that the master of the transport proceed with the forces to Nantasket, for the advantage of convoy to Cape Breton ; and if no convoy is there to be had soon, that he proceed directly from Nantasket to Cape Breton, and there continue till the expedition against Cape Breton is over.
Voted and resolved, that Messrs. Peter Bours, John Callen- der and Daniel Updike, be, and they are hereby appointed a committee, to extract from the records, the several acts and votes passed by the General Assembly, respecting the expedi- tion against Cape Breton, in order to be sent to the agent ; and that they write a letter, to be signed by His Honor, the Governor, and to be sent home, with said votes, setting forth the reasons of this colony's conduct in respect to their not join- ing in the expedition sooner than they did, to be made use of
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in the defence of this colony, if there be occasion, and present a copy of said letter to the next session of this Assembly.
Voted, that Peter Bours and Joseph Scott, Esqs., be, and they are hereby appointed commissioners for the taking care of French and Spanish prisoners that shall be brought during the continuance of the war, into the port of Newport, in the county of Newport.
Voted, that Messrs. Henry Paget and Archibald Young, be, and they are hereby appointed commissioners for taking care of French and Spanish prisoners, that shall be brought during the continuance of the war, into the port of Providence, in the county of Providence.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the third Tues- day in August, 1745.
The Hon. Gideon Wanton, Governor.
The Hon. William Robinson, Deputy Governor. With the assistants and deputies from the several towns.
Voted and resolved, that the captain of the colony sloop be directed by His Honor, the Governor, to purchase provisions, and other necessaries, at Louisbourg, for said sloop and compa- ny, at the best rate he can, and draw upon the commissary for paying the same ; and that he make the best dispatch he can, home, as soon as he can get a discharge from the Honorable Commodore Warren ; and that His Honor, the Governor, write to the said Commodore Warren, and inform him that our colony sloop is the only guard vessel we have for protecting the trade and navigation of this colony, and request him to discharge said sloop as soon as conveniently may be.
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And that His Honor, the Governor, also write to the captains of our land forces, in answer to their letter, that it is uncertain until the King's pleasure is known, whether they will tarry at Louisbourg all winter ; and that if they do at the charge of this colony, all due care will be taken to supply them with provisions and other necessaries, in season.
And that His Honor, the Governor, likewise give orders to the captain of the transport brigantine, that he come directly home as soon as conveniently he can, unless advice should be arrived at Louisbourg from His Majesty, and our land forces thereupon like to be discharged.
Whereas, William Rice, Samuel Wickham and John Rice, Jr., Esqs., were appointed a committee at the present session of this Assembly, to prepare the draughts of two letters, the one to be sent to the Honorable General Pepperell, and the other to the Honorable Commodore Warren, both at Louis- bourg, on the island of Cape Breton, who accordingly presented the same ;-
It is thereupon voted and resolved, that said draughts be ac- cepted, and that said letters be signed by His Honor, the Gov- ernor, and sent as before directed.
Voted and resolved, that the commissary pay to the soldiers at Cape Breton, in the service of this colony, or to their orders, their monthly wages, upon producing proper certificates from their respective captains, or commanding officers, that there is so much due ; and that the officers be paid in like manner.
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