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 14
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your government, be accordingly sent here as early in the spring as the season will possibly admit of, (which may be the beginning of March,) sufficient not only to sustain the place against any attack of an enemy, but also to relieve the troops now here, who have (most of them) undergone the fatigues of the siege, as well as the duty of protecting the place since, and who justly expect to be relieved, and allowed to return home in the spring, agreeably to the terms upon which they first enlisted.
If no British troops arrive, (which may be the case,) four, or at least three thou- sand men, will be necessary to be raised for the defence of this place next year ; and as the garrison is already much weakened by the sickness and mortality among us, and may possibly be much more so, we must press your most speedy and vigor- ous endeavors to assist in reinforcing it, before the arrival of an enemy's force shall render it hazardous or impracticable ; as a neglect herein, may prove of the most fatal consequence, and justly render those, at whose door the fault shall lie, highly obnoxious to His Majesty's displeasure.
You may, sir, assure such levies as shall be raised for this purpose, that they shall not be detained here contrary to their will, after the arrival of a British force suffi- cient for the security of the place ; and that they may depend upon the strictest jus- tice, and all the good offices in our power ; and we make no doubt but great encour- agement will be given to them and others to settle this island.
We have lately had the disagreeable news of one of the store ships bound to this place, being cast away, and entirely lost on this island, on the 27th of December last. By three seamen, who were the only persons saved of twenty-four on board, we learn that she sailed from England about the last of October, in company with several other ships, bound here with stores, under convoy of the Kinsale man-of- war, and lost company with them near the Banks of Newfoundland, about three weeks before their disaster ; since which we have heard of nothing of the others, nor any further account of the troops we had reason to expect from Gibraltar. We are, with great regard, sir,
Your most obedient, humble servants.
P. WARREN, WM. PEPPERELL.
[Sir William Pepperell, was an American merchant, living in the state of Maine. About the year 1727, he was chosen a member of His Majesty's council, of the Province of Massachusetts, to which place he was annually elected until his death, a period of thirty-two years. Possessing a vigorous frame, firm mind, and great coolness when in danger, he was admirably adapted for a residence in a country ex- posed to a ferocious enemy, and soon attained the rank of colonel. He commanded the expedition against Louisburg, at the time it capitulated. After this brilliant achievement, he went to England, where he received a first colonency, in the army ; in 1755, the rank of Major General ; and two years after that, of Lieut. General. He was also rewarded with the dignity of baronet, the thanks of the ministry, and a peculiar token of respect from the royal family. Portraits of Sir William and his wife, are preserved at Portsmouth, New Hampshire, and at Sa- lem, Massachusetts. He died at his residence, near Portsmouth, June 6, 1759, at the age of sixty-three years. Sir William was succeeded by his grandson, William HI. Sparhawk, who assumed his name, and was created a baronet. He was a loy- alist during the Revolution, and died in London, December 17, 1816, when the title became extinct .- J. R. B.]
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RECORDS OF THE COLONY OF RHODE ISLAND [1745.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Wednesday of October, 1745.
The Hon. Gideon Wanton, Governor. The Hon. William Robinson, Deputy Governor.
With the assistants and deputies from the several towns.
An Act for the regulation of the soldiers that remain alive at Louisbourg, on the island of Cape Breton, and appointing a commissary for the care of the provisions, and other necessa- ries, for their subsistence.
Be it enacted by the General Assembly of this colony, and by the authority thereof it is enacted, that the soldiers remain- ing alive, belonging to the company lately commanded by Capt. Joshua Champlin, at the island of Cape Breton, be added to the other two companies in the service of this colony ; and that the officers of said company be allowed half pay till further orders from the General Assembly ; provided, that they stay there.
And that a commissary be appointed for the forces there, in the service of this colony, who shall keep an exact account of what provisions he shall receive and deliver out ; and for said service shall be allowed £18 per month; and for the due per- formance of his office, shall give bond, with sureties, to the general treasurer, in the full value of the provisions he shall receive.
And be it further enacted by the authority aforesaid, that the paragraph of an act passed by the General Assembly, at their session held on the fourth Tuesday in September last past, directing the provisions to be delivered to the captains or commanding officers, for the time being, of each of the afore- said companies, to be by them distributed and given out to the
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men belonging thereto, be repealed, and it is hereby repealed ; the same being the proper business of the commissary.
And that His Honor, the Governor, write to Capt. Daniel Fones, commander of the colony sloop Tartar, at the island of Cape Breton, and order him with said sloop and company, to re- turn home to Newport, as soon as may be.
Voted and resolved, that Benjamin Hassard, Esq., Messrs, Peter Bours, Samuel Wickham, Robert Hassard and Edward Scott, be, and they are hereby appointed a committee, they, or the major part of them, to take into consideration the agent's letters now presented to this Assembly, and to furnish him with proper instructions relating to the matters therein contained, and to be signed by His Honor, the Governor, and sent home as soon as conveniently may be; and a copy thereof to be laid before this Assembly, at their next session; and that His Honor, the Governor, send home, with said instructions, such original letters or copies thereof, as he shall think proper.
Voted and resolved, that the committee that was appointed to procure a plan of Fort George and the harbor of Newport, procure another draught or plan of said fort and harbor, ex- actly as the same now are, and present the same to His Honor. the Governor, to be signed by him and the surveyor, to be sent home, with the plan already drawn, in order to show the present circumstances of said fort and harbor, as well as what alteration is proposed to be made ; and that the said com- mittee procure a piece of plate, to the value of £75, and pre- sent the same to Mr. Peter Harrison, for his trouble in surveying and making a draught of said fort and harbor, and draw money out of the general treasury, to pay for the same.
Voted and resolved, that Peter Bours, Esq., be, and he is hereby appointed to wait upon the Hon. Roger Wolcott, Esq., deputy governor of the colony of Connecticut, and major gen- eral of the forces that reduced Cape Breton, and request of him a certificate of what he knows respecting the conduct of this colony, relating to the expedition against Cape Breton, and more especially as to the service that our colony sloop has been in said expedition.
VOL. V. 20
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RECORDS OF THE COLONY OF RHODE ISLAND
[1745.
[It appears that complaints against Rhode Island were made to the King, for the backwardness of the latter, in sending assistance to the expedition, against Cape Breton. This faet was made known to Richard Partridge, the agent of Rhode Is- land, in London, by Mr. Ramsden, secretary to the Lords Justices, who at once took measures to refute the calumny, by addressing an official note to the secretary, dated the 5th month 30th, 1745, to be communicated by him to the Duke of New- castle. In this, he says, that " although there are disputes depending between the government of Rhode Island, (which is but a small colony,) and that of the great province of the Massachusetts; and that said colony had no orders about the said expedition from Great Britain, and consequently it could be no disobedience or dis- respect in them to the crown; yet it is notorious and apparent, that there was an armed sloop of war belonging to Rhode Island, at Cape Breton, with our ships, when that place was taken," etc. He also states, that men were sent, " that the merchants of Rhode Island advanced £8,000 amongst themselves, and hired a twenty-gun ship to be employed in that service." And in alluding to the people of Rhode Island, says :
" Their loyalty and obedience to the crown heretofore, is well known ; for that whenever there has been any expedition ordered from Great Britain, to be exe- cuted in North America, the Rhode Islanders have always paid due obedience to the crown, and afforded their quotas ; particularly in the wars of the late Queen, in the expedition against Annapolis Royal, and against Canada ; and that in the sea war at that time, the New Englanders must confess that the privateers from this colony of Rhode Island, did more execution against the enemy's privateers that in- fested their coasts, than all the ships of the Massachusetts, or indeed of all the colo- nies in those parts put together."
The agent, Mr. Partridge, under date of 5mo. 23d, 1745, communicated these same faets to Governor Wanton, and apprises him that he had written to the clerk of the council about the matter, " which he seemed to take well, and reekoned ne- cessary ;" and adds, " I wish thon couldst get a few lines from Capt. Warren, and send me a justification of the colony, to take off the edge of those assertions, which I believe have been spread by Agent Shelby, here ; and perhaps, too, the Boston peo- ple may have falsely prepossessed Capt. Warren, to make him write home as he did, (if he wrote any thing at all about it. ) This I looked upon as my duty, to ad- vertise thee of it in time, that I may receive thy answer, with a full vindication."
Under date of Gmo. 8th, (August,) the agent again writes to Gov. Wanton, and reiterates what he had before stated. " The rejoicings in England," he says, " were great, when the news of the taking of Louisbourg was confirmed ; the town guns were fired, and the acquisition of Cape Breton was considered as of vast importance." At the same time he urged the importance of Rhode Island sending provisions to the forces there. The reception of these letters by Governor Wan- ton drew forth the resolution referred to, above, together with the following letter and certificate from Governor Wolcott, a major general in the Lonisburg ex- pedition.]
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Certificate of Governor Wolcott, relative to the expedition against Cape Breton.
Colony of Connecticut, Windsor ss.
Whereas, the General Assembly of His Majesty's colony of Rhode Island and Providence Plantations, have represented to me, the subscriber, the Deputy Gov- ernor of the colony of Connecticut, and major general of the land forces employed in the late expedition against Cape Breton, that their conduct relating to the reduc- tion of that place, hath been misrepresented to the British court, and therefore have applied to me, to declare what I know, relating to the assistance that has been given by their colony ; and that justice may be done to that government, according to truth, I certify as follows, viz. :
That the colony of Rhode Island fitted out for the expedition against Cape Breton, their guard sloop, the Tartar, under the command of Capt. Daniel Fones, mounting fourteen carriage and twelve swivel guns; furnished with needful warlike stores, with ninety men on board.
That the colony of Connecticut fitted out their guard sloop, the Defence, under the command of Capt. John Prentice, mounting twelve carriage and twelve swivel guns, furnished with warlike stores, and an hundred men on board.
That when the forces from Connecticut were near ready to embark, at New Lon- don, it was feared that Capt. Prentice would not be a sufficient guard for our trans- ports ; and thereupon, from a motion from the Governor of Connecticut, to the Governor of Rhode Island, Capt. Fones was sent to New London, to join Capt. Prentice, to convoy our forces to Cape Breton.
That our fleet, consisting of the two guard sloops, and seven transports, having received on board five hundred men, sent from Connecticut, for the land service, went on our voyage, and off the Cape Sable shore we espied a ship making towards us ; and not knowing what she might be, the Tartar went out to speak with her ; and upon exchange of some shot, she was found to be a French ship of war, of about thirty-four guns. Capt. Fones perceiving her to be a vessel of great superiority, led her off from the fleet. She proved to be a very nimble ship; but the Tartar being a prime sailor, and hauling close to the wind, kept her in chase of her all day, and got clear of her at night ; so our fleet, without any damage from said French ship, arrived safe at Canso. If this ship had engaged our fleet, it is probable that both the guard sloops would not have been able to withstand her ; and if we had had no convoy but Capt. Prentice, it is likely that we should have been ruined by her.
That during the siege, Capt. Fones, Capt. Becket and Capt. Donahue were sent to the Gut of Canso, to prevent the enemy that we expected were coming from the siege of Annapolis, to the relief of Louisburg ; accordingly, they met them, and re- pelled a great number of them ; and this, we judged, was the reason that we did not meet them on the island of Cape Breton.
In testimony of the truth of all the above written, I have hereunto
set my hand, at Windsor, in said colony of Connecticut, the 15th day of November, Anno Domini 1745. ROGER WOLCOTT
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RECORDS OF THE COLONY OF RHODE ISLAND [1745.
Voted and resolved, that the committee appointed to build a bridge over Weybosset river, at Providence, in the county of Providence, do not proceed on said business till further orders from the General Assembly.
God save the King.
[The following publie laws, passed during the year 1745, are printed at length in the volume of laws published in 1747, unless repealed previous to that time.]
AnAct for the regulation of the sitting of the General Assembly.
An Act for the more regular appointing of deputy sheriffs.
An Act for regulating the service of writs in case where the sheriff and town ser- geant of such town where the sheriff liveth, are concerned.
An Act for allowing thirty men at Fort George, etc.
An Act enabling creditors to recover their just debts of such persons who have re- moved out of this colony, and of others, not inhabitants thereof, or who conceal themselves therein.
An Aet for allowing of taking depositions, and regulating the swearing to accounts out of court.
An Act for impounding cattle, sheep, horses and hogs ; and for recovering damages done by them.
An Act for the protection of the members of the General Assembly ; and of persons chosen to serve on the jury, from being arrested or sued during service.
An Act appointing commissioners to take care of all prisoners of war that shall be brought to this colony.
An Aet for the better security of the sheriff, any of his under officers or aids, in impressing men for His Majesty's service.
An Aet for limiting the exportation of gunpowder for a certain time, therein mentioned.
An Act allowing George Ninegret, the Indian sachem, (with the advice and con- sent of his trustees,) to exchange twenty acres of land in Charlestown, for the benefit of the Church of England, in that town.
An Act empowering George Ninnegret, the Indian sachem, to sell a part of his land for the payment of his debts, and the better support of his family.
An Act for the relief of poor and distressed debtors.
An Act empowering the captains of the several companies of trained bands in this colony, to grant warrants for collecting the fines of delinquents, etc.
An Act ordering and appointing the militia, or trained bands in this colony, to muster but twice a year.
An Act directing how tenth bonds shall be given for money taken up by persons dying without giving any.
An Act in addition to, and in amendment of the several acts relating to the choos- ing of jurymen.
An Act for the regulating the mending of highways, within this colony.
An Act for the further regulating vendues, within this colony.
An Act'in addition to an act, granting writs of review in personal actions.
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An Aet in addition to an act, establishing the proceedings of actions not ex- ceeding £5.
An Aet empowering one of the grand committee to have the care of the colony's bonds and mortgages, etc.
An Act direeting the sheriff's the manner of disposing of the real estate of deceased persons, for the payment of their debts.
An Act directing how the money raised for the building a bridge at Weybosset, in Providence, shall be disposed of, and for supporting said bridge.
An Aet empowering the overseers of the poor, in Newport, to commit persons to the work house.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the 10th day of February, 1745-46.
The Hon. Gideon Wanton, Governor.
The Hon. William Robinson, Deputy Governor.
With the assistants and deputies from the several towns.
Voted and resolved, that a fair copy of the draught of a let- ter presented to this General Assembly, be made, and signed by His Honor, the Governor, and by him sent to His Excel- lency, George Clinton, Esq., Governor of the Province of New York, in answer to his letter for appointing commissioners to meet and consult about the French and Indian enemies on the frontiers.
Whereas, Benjamin Hassard, Esq., Messrs. Peter Bours, Samuel Wickham, Robert Hassard and Edward Scott, were at the last session of this Assembly, appointed a committee, they, or the major part of them, to take into consideration the agent's letters then presented to the General Assembly, and to furnish him with proper instructions relating to the matters therein contained, and to be signed by His Honor, the Gov. ernor, and sent home as soon as conveniently might be, did now report ;-
That they had extracted from the records, copies of all the acts of the General Assembly, relating to the expedition, which they judged might be necessary, to
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prove the assistance given by this government to said expedition ; and that they had likewise stated a general account of the charges this colony has been at in said expedition, and accounts of all the particulars contained in each article of the gen- eral account ; and attested by the commissary, and put under the colony seal, with the copies of the acts of this Assembly, and with an original letter from Gen. Pep- perell, and another from Admiral Warren, and a certificate from Major General Wolcott, with an original letter to the agent, delivered to His Honor, the Governor' to transmit them to the agent; which they thought sufficient to show the zeal of this government in the expedition, and for the agent to obtain a reimbursement of the money the colony has expended therein ; provided, the nation defrays the charges the neighboring governments have been at on this occasion, and now pre- sented a copy of said letter and accounts.
Whereupon, it is voted and resolved, that the said report be accepted.
Voted, that His Honor, the Governor, write to the Honorable Peter Warren, Esq., commander-in-chief of His Majesty's ships of war, at Louisbourg, in answer to his letter, of the 26th of November, A. D. 1745, respecting a quota of men for the gar- rison at Louisburg, aforesaid ; and also, that His Honor write to Messrs. William Smith and Edward Cole, the captains of the two companies in the pay of this colony, at Louisbourg, afore- said, in answer to their letter of the 29th day of said Novem- ber, respecting their soldiers.
Voted and resolved, that the committee appointed to build the colony house, proceed forthwith, and finish the middle room in the chamber, and the stair cases as soon as may be con- veniently.
Voted and resolved, that the captain of Fort George, be, and he is hereby appointed to employ a proper person or per- sons and make such repairs at said fort, as are necessary at present.
Voted and resolved, that His Honor, the Governor, write to the Hon. Roger Wolcott, Esq., Deputy Governor of the colony of Connecticut, and thank him, in behalf of this colony, for the just service he has done the government in giving a certificate of what he knows relating to the assistance this colony has given in the expedition against Cape Breton.
Whereas, the General Assembly, at their session, in October last past, appointed Peter Bours, Esq., to wait on the Honora-
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ble Roger Wolcott, Esq., Deputy Governor of the colony of Connecticut, and major general of the forces that reduced Cape Breton, and request of him a certificate of what he knows respecting the conduct of this colony relating to the expedi- tion against Cape Breton, who now reported ;-
That he had waited on the said Roger Wolcott, Esq., and obtained from him three certificates of the same tenor and date, of what he knows relating to the premises, aforesaid; one of which, he presented to this Assembly, and at the same time, also presented the account of his time and expenses about said affair, amount- ing to the sum of £27 10s.
Whereupon, it is voted and resolved, that the said report he accepted ; and that the said sum of £27 10s., be allowed, and paid to the said Peter Bours, out of the general treasury.
Voted and resolved, that the two accounts of Col. Peter Mawney, amounting to £16 17s., for calling the several com- panies together, in the county of Providence, in the months of March and June last past, in order to enlist soldiers for the ex- pedition against Cape Breton, be allowed, and paid by the com- missary of this colony.
Voted and resolved, that the account of Messrs. Peter Maw- ney, Jabez Bowen and James Arnold, field officers, in the county of Providence, amounting to £32 18s., for the calling together the companies in the county of Providence, in the year 1741, in order to raise recruits for the West Indies, be allowed, and paid out of the general treasury.
Whereas, David Greene, of Jamestown, in the county of Newport, yeoman, by petition, set forth to this Assembly, that he hath on the east side of Jamestown, a good dwelling house for the accommodating travellers, and a good wharf for landing passengers at, and for laying a boat, which is also situated in a proper place for the public benefit of all persons going to, and coming from said town of Newport, from the other part of the government; and it being easily perceived, as well as known by long experience, that it is a great advantage to the public to pass and repass easily over the ferries to, and from the town of Newport, and that difficulty and delay in that case
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is a general disadvantage to town and country, and not doubt ing but this Honorable Assembly is of the opinion that the al. lowing the petitioner the liberty of setting up a ferry at said place for the transporting passengers (and what they carry with them in travelling,) to and from Newport, will be for the benefit and advantage of the said town of Newport, and the country, in general ; and therefore humbly prayed, that he might have the liberty of setting up a ferry from said Jamestown to New. port, as aforesaid, upon the same terms as are stated, to com- mence from the 1st day of March A. D. 1746 ; and that he, in the meantime, will provide himself with a good and sufficient ferry boat for the purpose, and complete his conveniency of keeping his boat so as to be equal to any place in the govern- ment, which he apprehends the place will admit of; and that lie is willing, and expects to be laid under the same restrictions as hath been usual, and is established by law ;-
Upon consideration whercof, it is voted and enacted, that the said David Greene, be, and he is hereby permitted and allowed to set up a ferry from said Jamestown, to Newport, aforesaid, for transportation of persons and such things as they have with them, upon the same terms, and under the same restrictions as the other ferry from said Jamestown to Newport is established, and to begin at the expiration of Mr. Samuel Clarke's present lease of said other ferry.
Whereas, the proprietors of the Long Wharf, in Newport, in the county of Newport, &c., by petition set forth to this Assembly, that they have, at a vast expense, built a wharf in said New- port, leading directly up to the colony house, and the market house, in said town, and near about the middle of the town, which wharf they apprehend is very commodious for a public ferry, as being most convenient both for those who come to said town, about public business; and also, for those who come to bring their ware to market ; and therefore prayed this Honor- able Assembly to grant to the said proprietors the privilege of keeping a ferry at said wharf, upon the same terms, and under the same restriction, as the other ferries of said town are granted ;-
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