Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 18

Author: Rhode Island. cn; Bartlett, John Russell, 1805-1886. cn
Publication date: 1856
Publisher: Providence, A. C. Greene and Brothers, state printers [etc.]
Number of Pages: 614


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 18


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God save the King.


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1746.]


Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Providence, the last Wednesday in October, 1746.


The Hon. William Greene, Governor.


The Hon. Joseph Whipple, Deputy Governor.


With the assistants and deputies from the several towns.


[There was no business of a public nature, transacted at this session of the Assembly.]


Gov. Shirley and Admiral Warren to Gov. Greene.


Boston, October 23d, 1746.


Sir :- We have received your letter by Lieut. Col. Kinnicut, and are glad that your government has shown so good a spirit, by cheerfully promoting a service of such importance, as the relief of Annapolis Royal, and the saving of it from falling into the enemy's hands.


Last night we received from the master of a vessel, that sailed with the French fleet, from Chebucto, (which place they have wholly abandoned,) such an account of the strength and good condition both of their land and sea forces, and of their in- tention to sail with their whole body to Annapolis Royal, as stopped our proceed- ings for a few hours.


But this afternoon, upon examining the captain of the English flag of truce, and two other gentlemen, of good reputation, who were taken prisoners by the French, sixteen days before their arrival at Chebucto, and two intelligent masters of vessels that were likewise prisoners, all of whom sailed with the fleet from Chebucto, and left them the 16th instant, by which the state of the flect appears to us in a very differ- ent light from what it was at first represented to us ; so that we have reason to judge that they are in a very weak condition, and are gone (at least the bulk of them,) to France, or the West Indies; and thereupon Governor Shirley is sending the re- mainder of his recruits, with all despatch, and does not think it proper to stay for convoy, as all the rest of his troops sailed without, and are safe arrived at Annapolis.


However, the first mentioned account has put us upon that caution, that we shall send away to-morrow, a small well sailing vessel, with a whaleboat and crew, to look into Annapolis basin ; and if they find none of the enemy's ships there, to go up to the fort, and get what intelligence they can from the Governor ; but if the enemy's ships are in Annapolis harbor, to come back immediately, so far as Passamaquoddy, to inform the officers of the troops and masters of the transports, whom Governor Shirley will order to stop at that place for advice, and to proceed to Annapolis, or


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[1746.


return back to Boston, according as the advice shall be ; and we judge it will be best for Your Honor to take the same method, by ordering your vessels to stop at Passamaquoddy ; and we shall desire Lieut. Governor Mascarene to send one of the ordinance tenders to that place, to meet your vessels, and wait at Passama- quoddy, till their arrival ; and you may depend upon it, that your vessels will meet with advice from Mr. Mascarene, at Passamaquoddy, if the navigation to Annapolis be safe.


As to what you mention, referring to Governor Shirley's giving a commission to Mr. Kinnient ; he cannot see the propriety of it in this case ; it being left to every particular governor to dispose of the commissions over their own troops ; however, he will take effectual care that Col. Kinnicut shall not be subjected to any command below his own rank and character.


We are, with great regard, sir,


Your most obedient humble servants,


To the Hon. William Greene, Esq.


W. SHIRLEY, P. WARREN.


P. S. Governor Wentworth informs Mr. Shirley, he sent two hundred soldiers from his government to Annapolis, last Sunday.


Governor Shirley to Governor Greene.


Boston, October 27, 1746.


Sir :- I wrote to you by Lieut. Col. Kinnicut ; since when, I have advices ar- rived from Annapolis Royal, dated the 20th instant, informing me that they go on there very well against the enemy ; and want only more strength to drive the Can- adians out of the province, forthwith ; whereupon, Governor Mascarene presses me for such an addition of men, as will make up what is sent fifteen hundred or two thousand. Accordingly, by to-morrow, near four hundred men, will, I hope, be embarked, and sail from hence, over and above what I before sent, which was two hundred and sixty ; and I shall to-morrow give orders for three hundred men more to prepare for embarkation ; and hope to get them ready for sailing by Friday, at farthest. These, with the two hundred men from Governor Wentworth, and your three hundred, will make about sixteen hundred ; and I have pressed Governor Wentworth to send a further reinforcement, which I am in hopes he will do ; and I must entreat Your Honor to hasten your three companies, if they shall not be sailed before this comes to your hands, with all possible speed.


The officer who brought me the despatches from Annapolis, saw nothing of the French fleet in the Bay of Fundy, in his passage ; and I have just now heard that they have been seen sixty leagues to the south-west of Cape Sable ; at all events, every one here is persuaded, with myself, that they are in a miserable, sickly, weak condition, and are making the best of their way to the West Indies ; and we have now an opportunity of giving the finishing stroke to the Canadians, in Nova Sco- tia, which I hope we shall not let slip ; as it might prove of bad consequence to us, in every respect, the next spring.


I am, with all due regard, sir, Your Honor's obedient humble servant, W. SHIRLEY.


To Governor Greene.


The post stays for this ; excuse haste.


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1746.]


Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Providence, on 11th day of November, 1746.


The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor.


With the assistants and deputies from the several towns.


An Act appointing commissioners to mark out the bounds of the colony of Rhode Island, &c., eastward, towards the Province of the Massachusetts Bay, agreeably to His Majesty's royal determination in council, the 28th day of May, 1746.


Whereas, this colony has received His Majesty's said royal determination, ascertaining the boundaries between the said colony and said Province, and hath commanded the Governor and Company of said colony, and all others whom it may con- cern, to govern themselves accordingly, which renders it ab- solutely necessary to mark out the several boundaries ordered in His Majesty's said determination, that this colony and the inhabitants who dwell near said lines, may be the better ena- bled to pay due obedience to His Majesty's commands ;-


Be it therefore enacted by the General Assembly of this colony, and by the authority of the same it is enacted, that James Honeyman, Jr., Gideon Cornell and George Brown, Esq., Mr. George Wanton and Capt. Walter Chaloner, be appointed commissioners, on the part of this colony; and they, or the major part of them, to join such other commissioners as are, or shall be appointed by the Province of the Massachusetts Bay, with full power and authority to represent this colony in mark- ing out the several boundaries, and running the several lines, agreeably to His Majesty's said determination ; and the com-


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missioners so appointed and authorized, as aforesaid, shall meet at Pawtucket Falls, on the 2d day of December next, and then begin said service.


Be it further enacted by the authority aforesaid, that in case the Province of the Massachusetts Bay shall not appoint any commissioners on their part, in order to join those appointed by this colony, that then the commissioners on the part of this colony, proceed on, and complete said lines and boundaries.


Be it further enacted by the authority aforesaid, that the du- plicate of His Majesty's said proclamation, and a copy of this act be forthwith transmitted by express to His Excellency, William Shirley, Esq., Governor of the Province of the Massa- chusetts Bay.


Voted and resolved, that the commissioners appointed by this Assembly, for marking out the bounds of this colony, east- ward, towards the Province of the Massachusetts Bay, be, and they are hereby empowered and directed to employ one or more skillful surveyor or surveyors, (if need require,) to attend them, in performing the above mentioned service.


Voted and resolved, that His Honor, the Governor, be re- quested to write to His Excellency, William Shirley, Esq., Governor of the Province of the Massachusetts Bay, desiring him to forbid any of the officers of said Province, exercising any authority or jurisdiction for the future within the limits of this colony, as settled by His Majesty's determination, on the 28th day of May last past ; and also, that His Honor, the Gov- ernor, send with his letter, by express to Governor Shirley, the duplicate of His Majesty's said determination, and the act of this Assembly for appointing commissioners on the part of this colony, for running and marking out the boundary lines be- tween said colony and Province, and request of him to appoint commissioners on the part of said Province, to join with the commissioners appointed by this colony.


Whereas, the General Assembly has received information, that Pawcatuck bridge is out of repair ;-


It is thereupon voted and resolved, that Capt. William Pen-


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dleton, be, and he is hereby appointed to repair this govern- ment's part of said bridge, at the charge of the colony.


God save the King.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, the 6th day of January, 1746-7.


The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.


Report of the Commissioners on the Eastern Boundary Line.


Whereas, Messrs. James Honeyman, Jr., Gideon Cornell, George Brown, George Wanton and Walter Chaloner, were by the General Assembly, appointed commissioners, to mark out the bounds of the colony towards the Province of the Massa- chusetts Bay, agreeably to the late determination of the King, in council, who have perfected the same, and made report to this Assembly, of their proceedings as followeth :


We, the subscribers, appointed commissioners by the General Assembly of the colony, aforesaid, to mark out the bounds of the said colony eastwards, towards the Province of the Massachusetts Bay, agrecably to His Majesty's royal determination in council, the 28th day of May, 1746, did, in pursuance thereof, on the 2d day of December last past, meet at Pawtucket Falls, in expectation of meeting with com- missioners that might be appointed by the Province of the Massachusetts Bay, for the purpose, aforesaid ; and after having there tarried till the after part of said day, and no commissioners in behalf of the said Province appearing, we proceeded to run a due north line from Pawtucket Falls to the south boundary of the aforesaid Prov- ince of the Massachusetts Bay, in manner following, viz. :


From a certain point on the southern side of Pawtucket Falls, where we erected a monument of stones, with a stake thereon, we run a meridian line, which directly passed through said falls, to a walnut tree on the northerly side of said falls ; then to a pitch pine tree ; then to a small white oak ; then to a grey oak ; then to a small bush ; then to another small bush, with stones about it; then to a heap of stones, with a stake thereon ; then to a black oak tree ; then to another black oak ; then to a small pitch pine ; then to a black oak ; then to a large white oak, near the


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river, called Abbott's Run ; then to a poplar tree ; then to a heap of stones, with a stake thercon ; then to a large rock, with stones thereon; then to a small black oak tree; then to a walnut tree ; then to a black oak ; then to divers other marked trees, in the said course, to the extremity of the said line ; and when we came near the termination of the said line, made a monument of stones, there being no noted south boundary of the said Province, near the said line ; and therefore, for the discovery of the south boundary of the said Province, upon the best information we could ol- tain, proceeded to Wrentham Plain, at or near the place where was formerly erect- ed a stake, called Woodward's and Saffery's Stake, as one remarkable south boun- dary of the said Province ; and from thence, run a west line, making an allowance of eight degrees and an half, as the west variation of the magnetic needle from the true meridian ; it being the course of the south line of the said Province, according to their charter, (as we apprehended ;) and we then extended the said north line from the aforesaid monument, till it intersected the said west line ; and upon the point of its intersection, erected a monument of stones, with a stake thereon, as the north-east boundary of that tract of land, commonly called the Gore; after which, we proceed- ed to Bullock's Neck, and on the south-west corner thereof, erected a red cedar post, marked with the letters I H C R, with the figure of an anchor thereon; and from thenee, running a line north-east, making the same allowance for the varia- tion, aforesaid, to a black oak tree, marked with the letters G C CR ; then to a large white oak, marked with the letters G B C R ; then to a white oak post, set in the ground. with a heap of stones around it, marked with the letters G W C R, with the figure of an anchor thereon ; being three miles distant from Bullock's Neck, aforesaid ; after which, we proceeded to the north-casternmost part of the bay, on the west side of Rumstick Neck ; and from a point where a locust post was erected, ran a line three miles north-cast, with the same allowance for the variation ; and at the extremity of the said line, erected a monument of stones ; from which we run a line to the north-east extremity of that line, drawn from the south-west corner of Bullock's Neek, aforesaid ; the course whereof, being west thirty-eight degrees north, according to the magnetic needle, the distance nine hundred and fifty- five rods, (marking trees and making other boundaries in the course of said line ;) after which we proceeded to the north-east corner of Bristol harbor, and from high water mark, which was some rods distant north-east from the bridge, leading to Swan- sey Ferry, we run a line three miles north-east, still making the same allowance for the variation ; and at the extremity of which line, we erected a monument of stones ; then we run a line from the north-east extremity of the line drawn from Rumstick, aforesaid, the course whereof being south twenty-five degrees cast, till it met with the termination of the line drawn from Bristol harbor, aforesaid ; the dis- tance whereof, being nine hundred and twenty-seven rods; and from thence, a straight line to the bay, at Sowoset Neck, (making proper boundaries in the course of said line ;) after which, we proceeded to the castern side of the Narragansett Bay ; and on the easternmost part of a cove in the said bay, which is southward of Nanequastkett, run a line three miles east, (still making the same allowance for the variation) ; at the extremity whereof, we marked a gray oak tree, with the letters C R, with the figure of an anchor thereon ; after which, we proceeded to the mouth of Fall River, and from thence, measured four hundred and forty rods sontherly, on the shore, as the said shore extended itself from the mouth of said Fall River ; and from the point where the said four hundred and forty rods reached, (being east thirty-five degrees south of the southernmost point of Shawomet Neck, we run a


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line, three miles east, with the same allowance for the variation ; in the course) whereof we marked divers trees, and came to a large pond; on the west of which, was a small oak, between two large rocks ; and from thence, measured over the said pond, to a bunch of maples, two, whereof, we marked with letters Iand F, standing on a place called Ralph's Neck, being the extremity of the said three miles ; from thence, we run a line south twenty degrees west, two thousand one hundred and twenty-three rods, (making proper boundaries in said line, till we met the termina- tion of the three mile line ran from the cove, southward of Nancquaskett, aforesaid; after which, we proceeded to a place called Church's Cove, in said bay, and ran a line three miles east, making the same allowance for the variation, aforesaid; and at the extremity whereof, and near to the sea, we erected a monument of stones . and from thence ran a line north, two degrees and a quarter east, one thousand and nine hundred and forty-one rods, till it almost met the termination of the said line drawn from the first mentioned cove, as aforesaid, making proper boundaries in the course of said line.


The aforegoing is a just account of our proceedings, and report the same, accordingly.


J. HONEYMAN, JR., GIDEON CORNELL,


GEORGE WANTON, GEORGE BROWN.


And it is voted and resolved, that the said report be, and it is hereby accepted by this Assembly.


Whereas, the committee of war, in pursuance of an order of the General Assembly, made a report to this Assembly, of their transactions and proceedings, in respect to sending to An- napolis Royal, the troops raised in this colony, for the intended enterprise upon Canada ; and also an acount of their transac- tions and proceedings with regard to the colony's sloop, &c., which said report being duly considered ;-


It is voted and resolved by this Assembly, that the same be, and it is hereby accepted.


Voted, that His Honor, the Governor, be, and he is hereby requested to procure of Sir William Pepperell, a certificate of what number of soldiers was received from this colony, into the garrison of Louisbourg ; of the time of their arrival there, and discharge from thence ; as also, how long the colony's sloop Tar- tar was employed in the expedition against Cape Breton.


And His Honor, the Governor, is hereby also requested to procure all such other vouchers and certificates, as can be ob- tained in this colony, and are necessary for proving the account of the charges the colony has been at in assisting and forward- ing the reduction of Cape Breton, &c., and to transmit the VOL. V. 26


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whole to the colony's agent, in Great Britain, as soon as possible.


And it is also voted, that Stephen Hopkins, Esq., be, and he is hereby appointed to wait on Sir William Pepperell, in or- der to get the certificates by the government desired of him.


Voted, that the captains of the several companies raised in this colony, for the intended expedition against Canada, be, and they are hereby empowered to give furloughs to such of their soldiers as desire the same, and can be trusted for any space of time, not exceeding a fortnight, at one time ; at the end or ex- piration of such furlough, the said soldier or soldiers, so fa- vored, shall be obliged to appear before his captain, or some other officer of his company, at such place as his said captain shall appoint.


And it is also voted, that such soldiers as the captains, afore- said, cannot confide in, nor think them fit to be trusted with furloughs, or so many of them as the committee of war shall think proper, shall be kept at Fort George, with one of the of- ficers of said companies, who is to take the entire care of them there ; where they shall be maintained out of the colony's stores ; and when any of the said soldiers shall return, upon the expiration of their furloughs, he or they, shall have and re- ceive what the government allows for his or their subsistence ; and the lieutenant colonel is hereby empowered to appoint an officer to take care of such soldiers as shall be kept at Fort George, from time to time ; and that the captains of each re- spective company do render to the lieutenant colonel an ac- count of the circumstances his company is in ; and the lieu- tenant colonel to the committee of war, once a fortnight.


God save the King.


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Gov. Shirley to Gov. Greene.


Boston, November 4th, 1746.


Sir :- I have now the pleasure of informing Your Honor of the French fleet's quitting the coast of Nova Scotia, and going off to the West Indies, and the Cana- dians breaking up their camp before the garrison at Annapolis Royal.


But notwithstanding this, as service of the greatest importance remains yet to be done in Nova Scotia, viz. : taking or destroying all the enemy's magazines of warhke stores and provisions, at Minas and Chicknecto ; taking all the grain in the country, (ex- cept what is wanted by the iuhabitants for their present use,) for His Majesty's ser- vice, and the same with respect to their cattle ; by which means, all the inhabitants and Indians might be disarmed ; and the latter, together with the Canadians, (in case they should return next spring,) be without subsistence, from the country ; driving off the Canadians, designed to winter in Minas or Chicknecto, and distressing the Indians there ; among whom, a very bad sickness prevails, which has already swept off hundreds of them ; visiting Chebucto, and seeing what footsteps the French have left there ; calling the malcontents, who are the most obnoxious among the French inhabitants, to an account for their joining or open correspondence with the enemy, and destroying the settlements of such of them as shall abscond ; and perhaps re- covering some of the prize vessels and goods taken from the English.


By all which means, the Canadians would be discouraged from renewing their attempts next spring ; the friends to Ifis Majesty's government in that Prov- ince confirmed in their fidelity, the abettors of the French interest diminished, and deterred from open or even secret acts of hostility, and the Indians very much har- rassed and disabled from giving the enemy the usual assistance ; so that if the Can- adians should repeat their visit in the spring, they would not be able to make any progress in the country, to the disadvantage of the garrison.


I say as all these services, which have so plain a tendency to settle the lasting se- curity of the Province, remain yet to be done ; and this fall is the only opportunity for doing it ; and I am informed by persons well acquainted with the seasons in Nova Scotia, that the winter is not yet too far advanced, for doing this with a prob- able prospect of the men's returning afterwards, this winter.


I have determined to send the reinforcement of five companies, which I proposed before my receiving the last advices ; some of which, are already sailed, and others go to-day, and the rest in two days, at farthest ; and I hope Your Honor, if your three companies are not already sailed, will order them to proceed forthwith.


If our endeavors are attended with success at this critical conjuncture, as I hope they will, it will be a most beneficial service for His Majesty and the colonies. I am in haste ; the post waiting.


Your Honor's most obedient humble servant, W. SHIRLEY.


To Governor Greenc.


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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, the 27th day of January, 1746-7.


The Hon. William Greene, Governor. The Hon. Joseph Whipple, Deputy Governor. With the assistants and deputies from the several towns.


An Act for incorporating the inhabitants of the lands lately taken into this colony, by the settlement of the eastern boun- daries, into five townships.


Whereas, His Majesty has been graciously pleased by his royal determination, to settle the castern boundaries of this colony, whereby several large tracts of land, and a great number of inhabitants are taken under the jurisdiction of this government ; and it being absolutely necessary for the well governing the said people, that the said tracts of land, with the inhabitants thereon, be set off and incorporated into townships, and the same being conveniently situated for the making of five townships ;-


Be it therefore enacted by the General Assembly, and by the authority of the same, it is enacted, that the aforesaid tracts of land, with the inhabitants thereon, be set off and in- corporated into five towns in the following manner, viz. :


All that part, which heretofore has been called Bristol, with the inhabitants thereon, be set off and incorporated into a town- ship, by the name of Bristol; and that that part which was heretofore [known] as part of Tiverton, with a part of Dart- mouth and Freetown, adjoining thereto, be incorporated into a township, by the name of Tiverton ; and that part which has heretofore been a part of Little Compton, and a part of Dart- mouth, thereto adjoining, be incorporated into a township, by the name of Little Compton ; and that the line which formerly




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