Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 23

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 23


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It is voted and resolved, that the rate of £5,000, new tenor, to be levied on this colony, for the year year 1747, be propor- tioned to each town as followeth, and that the same be levied as soon as may be, viz. :


S.


£ s.


Newport 825 00


Providence .550 00


Charlestown 75 00


West Greenwich 79 05


Coventry .59 10


Westerly . 270 00


Exeter


125 00


New Shoreham. 83 00


North Kingstown. 325 00


South Kingstown .. 450 00


Tiverton


140 00


Little Compton


167 10


Warren


115 00


Cumberland


83 10


Richmond


64 10


Scituate


132 00


Middletown


149 00


Bristol


174 10


East Greenwich 125 00


Jamestown 100 05


Smithfield 274 00


Glocester


117 15


Portsmouth . 275 15


Warwick


239 10


It is voted and resolved, that George Wanton, Esq., Mr. Jas. Sheffield, Stephen Hopkins, Esq. and Capt. Robert Haszard, or the major part of them, be, and they are hereby appointed a committee to pay off the officers and soldiers, raised in this colony, for the intended expedition against Canada, upon the credit of His Majesty, what yet remains unpaid of their wages ; and for that purpose, that the sum of £7,500, in bills of credit, of the new tenor, be forthwith struck off, and signed by the grand committee, and delivered to the said committee; or a


244


RECORDS OF THE COLONY OF RHODE ISLAND [1748.


less sum, if the whole shall not be wanted; and that the same be sunk when it is repaid by His Majesty.


It is voted and resolved, that the secretary be cited to ap- pear at the next session of this Assembly, to answer for his conduct, in respect to the act passed at the last session of this Assembly, on consideration of the extracts of the Duke of Newcastle's letter to Governor Shirley, respecting the dismis- sion of the troops raised in America, for the expedition against Canada, &c.


God save the King.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 3d day of May, 1748.


The Hon. Gideon Wanton, Governor.


The HIon. William Robinson, Deputy Governor.


ASSISTANTS.


Mr. Benjamin Haszard,


Mr. Joseph Edmonds,


Capt. George Wanton,


Mr. Jeremiah Niles.


Mr. Benjamin Tucker, Mr. William Richmond.


Mr. Gideon Durfey,


The HIon. Daniel Jenekes, speaker, and Mr. Josias Lyndon, clerk.


God save the King.


245


AND PROVIDENCE PLANTATIONS.


1748.]


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the first Wednes- day of May, 1748.


The Hon. Gideon Wanton, Governor. The Hon. William Robinson, Deputy Governor. With the assistants and deputies from the several towns.


DEPUTIES.


Newport.


Capt. Thomas Wickham, Capt. Walter Chaloner, Mr. Thomas Cranston, Mr. John Channing, Capt. Jonathan Nichols, Mr. James Sheffield. Providence.


The Hon. Daniel Jenckes, Mr .. John Angel,


Mr. Henry Harris,


Mr. John Potter, Jr. Portsmouth.


Mr. Daniel Howland, Mr. Oliver Earl, Mr. David Anthony, Mr. Jonathan Freeborn. Warwick. Col. Benoni Waterman, Mr. Samuel Greene, Mr. Joseph Lippitt, Mr. Samuel Barton.


Westerly. Mr. Joshua Babcock, Major William Pendleton. New Shoreham. Mr. Nathaniel Littlefield, Mr. John Littlefield. North Kingstown. Col. Immanuel Northup, Mr. Edward Dyre. South Kingstown. Col. Thomas Haszard, Mr. Benjamin Haszard. East Greenunch. Mr. Giles Pearce, Capt. Thomas Spencer. Jamestown. Mr. John Eldred, Mr. George Franklin. Smithfield. Mr. Jonathan Arnold, Mr. Israel Wilkinson. Scituate. Capt. Job Randall, Capt. Charles Harris.


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RECORDS OF THE COLONY OF RHODE ISLAND [1748.


DEPUTIES.


Glocester.


Mr. Richard Steere,


Capt. Richard Smith. Charlestown. Col. Joseph Stanton,


Mr. James Congdon. West Greenwich.


Mr. Jeremiah Ellis, Mr. George Gardner. Coventry. Mr. Aaron Bowen,


Mr. Elisha Johnson. Exeter.


Capt. Job Tripp,


Mr. Simon Smith. Middletown.


Mr. John Rogers,


Mr. John Taylor.


Bristol. Mr. Jonathan Peck, Major Thomas Greene. Tiverton. Capt. John Manchester, Mr. John Howland. Little Compton. Mr. William Hall, Mr. Joseph Wood. Warren. Mr. Matthew Allen, Capt. Benjamin Barton. Cumberland. Mr. Israel Whipple, Mr. Job Bartlett. Richmond.


Capt. Richard Bayley, Mr. John Webster.


The Hon. Daniel Jenckes, speaker, and Mr. Josias Lyndon, clerk.


The following officers, declared clected, were duly engaged :


The IIon. William Greene, Governor. The Ilon. William Ellery, Deputy Governor.


ASSISTANTS.


Mr. Peter Bours,


Mr. John Gardner,


Mr. Robert Gibbs,


Mr. William Burton,


Mr. Stephen Brownell,


Mr. Robert Lawton,


Mr. James Arnold,


Mr. William Richmond,


Mr. Daniel Coggeshall,


Mr. Jeoffrey Watson.


247


AND PROVIDENCE PLANTATIONS.


1748.]


SECRETARY. GENERAL TREASURER. Mr. Thomas Richardson.


Mr. Thomas Ward.


ATTORNEY GENERAL. Mr. Daniel Updike.


It is voted and resolved, that the troops raised in this colo- ny, for the expedition intended against Canada, and lately dis- banded, shall be paid their arrears in bills of public credit, at nine hundred per cent. advance upon the sterling wages.


It is voted and resolved, that the colony's sloop Tartar, shall be forthwith put in commission, and manned with ninety effec- tive men, including officers, who shall be allowed and have the same wages as were paid the last year; and that the commissa- ry purchase six months' provisions for the sloop, and put on board her not less thereof than will be sufficient for six weeks at one time ; and that the sloop cruise according to the orders and directions of His Honor, the Governor, until the 1st day of Oc- tober next, or longer, if His Honor shall think proper.


And the general treasurer is hereby directed and ordered, to supply the commissary with such sums of money as shall be necessary to equip said sloop, and purchase the provisions, aforesaid ; as also necessaries for Fort George.


God save the King.


The Duke of Bedford to the Governor of Rhode of Island.


Whitehall, 7th May, 1748.


Sir :- The King's plenipotentiary, and those of His Most Christian Majesty and the States General of the United Provinces, having signed, at Aix la Chappelle, on the 19th of April last, O. S., preliminary articles for restoring a general peace, and in consequence whereof, His Majesty has been pleased to order a proclamation to be published, declaring a cessation of arms, as well by sea as land, which I send you herewith enclosed.


I am commanded by His Majesty to signify to you his pleasure, that you cause the same to be published in all the proper places of your government, to the end that all His Majesty's subjects there, may pay due obedience to, and a strict observ- ance of the same. I am, sir, your most obedient humble servant,


BEDFORD.


To the Governor of Rhode Island.


248


RECORDS OF THE COLONY OF RHODE ISLAND [1748.


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the second Mon- day in June, 1748.


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


It is voted and resolved, that William Barton, William Rich- mond, Joshua Babcock and Immanuel Northup, Esqs., be, and they are hereby appointed a committee, to take into considera- tion the subject matter of His Excellency, Governor Shirley's letter to the government, and make report thereof, to this Assembly.


Whereas, it hath been represented unto this Assembly, that James Holmes, captain of the colony's sloop Tartar, notwith- standing the vessel was not to go on a cruise till manned with ninety effective men, including officers, on or about the 21st day of May last, wentto sea with the sloop, having but about sixty- five hands on board; and that of his own accord, having no orders nor instructions from Ilis Honor, the Governor; that in this cruise on, or about the 22d of May, he gave chase to a schooner, not far from Block Island, and came up with her near Point Judith. After a couple of shot were fired, the schooner struck; Capt. Holmes took possession of her, and put his lieutenant on board, with orders to bring her in; that thereupon, the schooner, which was pretended to be a flag of truce, almost loaded from Leoganon Hispaniola, to some of the northern colonies, sailed on the west side of Conanicut, came round and anchored at a place called Coddington's Cove, where she was unladen of a cargo of sugar, &c. ; and afterwards brought publicly into this port ; which conduet of the captain and lientenant of the colo- ny's sloop demand the notice of this Assembly ;-


249


AND PROVIDENCE PLANTATIONS.


1748.]


Who thereupon vote and resolve, and it is hereby voted and resolved, that Peter Bours, Stephen Brownell, Daniel Cogges- hall and William Hall, Esqs., together with Messrs. Walter Chaloner, James Sheffield, Benoni Waterman and John El- dred, or the major part of them, be, and they are hereby ap- pointed a committee, to examine into the conduct of the said Capt. Holmes, respecting the premises ; and if it shall appear to them, that he merits to be suspended the colony's service, that they suspend him until the next session of this Assembly, and appoint another in his room, to command the said sloop in the mean time; and to examine and deal with Daniel Vaughan, the lieutenant of the Tartar, in the same manner ; and that the said committee have full power to summon persons before them, to give evidence concerning the premises ; and if the said officers shall be found to have been guilty of mal-conduct, that the committee have, and power is hereby given them, to commit the offender or offenders to jail, or admit him or them to bail, for his or their appearance before this Assembly, at its next session ; and that His Honor, the Governor, commission- ate such captain and lieutenant as shall be appointed by the committee, if they shall appoint any.


It is voted and resolved, that Robert Gibbs, Stephen Hop- kins and George Brown, Esqs., be sued by Benjamin Nichols, of Newport, one of the grand committee, or colony's trustees, in behalf of the colony, in an action of £100,000 damage, for breach of trust, in receiving of the General Assembly sundry papers of great consequence, and neglecting to return the same ; and that he employ one or more attornies in said case ; and that the action be brought to the next inferior court of common pleas, to be held in the county of King's county ; and that the said Benjamin Nichols draw money out of the general treasury, to defray the charge of said suit.


God save the King.


VOL. V. 32


250


RECORDS OF THE COLONY OF RHODE ISLAND


[1748.


The Duke of Bedford to the Governor and Company of R. Island.


Whitehall, June 28, 1748.


Gentlemen :- The act of accession of the King of Spain, as likewise that of the republic of Genoa, to the preliminaries signed at Aix La Chappelle, the 19th of April, O. S. 1748, having been signed there by their respective plenipotentiaries, on the 28th instant, N. S., in consequence of which, hostilities are to cease, as well by sca as land, according to the terms and periods agreed upon for a suspension of arms, in the treaty signed at Paris, the 19th day of August, N. S., 1712, I herewith enclose to you a literal translation of the clauses of the said treaty of the 19th of August, N. S., 1712, which relate to this matter ; and which, together with my let- ter to you of 7th of May last, and the copy of His Majesty's proclamation, which was therein enclosed, will serve for your information, and for the rule of your conduct on this occasion ; and you are to give proper directions to the end that all Ilis Majesty's subjects in your government, may pay dne obedience thereto, and strict- ly observe the same. I am, gentlemen,


Your most obedient humble servant, BEDFORD.


To the Governor and Company of Rhode Island.


-


Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, al Newport, the 4th Mon- day of August, 1748.


The Hon. William Greene. Governor. The Hon. William Ellery. Deputy Governor. With the assistants and deputies from the several towns.


It is voted and resolved, that all the officers and men, be- longing to the colony's sloop Tartar, be discharged; and that the commissary take the vessel into his care, unbend her sails, and put all her small stores on shore, taking an inventory of them ; that the sloop shall lie at anchor in the road, and a num- ber of proper persons, not exceeding four, be kept on board, for her better security ; and in case it shall be found necessary to send her ont upon a cruise, then His Honor, the Governor, or in his absence, the Deputy Governor. with the advice of such


251


AND PROVIDENCE PLANTATIONS.


1748.]


of his council as shall then be within the county of Newport, appoint proper officers to command said sloop ; furnish a cap- tain and lieutenant with proper commissions, issue a warrant for impressing a sufficient number of seamen, and send them forth against the enemy with all necessary despatch.


It is voted and resolved, that Capt. Chaloner discharge all the soldiers belonging to Fort George, eight excepted ; that nevertheless, if there be any appearance of danger, whereby it may seem that the defence of the fort will require a larger number of soldiers, the captain is hereby empowered to issue a warrant to the sheriff of the county of Newport, for the im- pressing as many as he shall think necessary for that purpose.


It is voted and resolved, that Josiah Arnold, Esq., and Mr. John Hull, both of Jamestown, and Mr. John Gardner, of South Kingstown, be a committee, they, or the major part of them, to purchase, for the colony's use, the two ferry places on the west side of Jamestown, with the two ferry boats, and all other ap- purtenances, if the same may be had at a reasonable rate, and cheaper than to build new ; and take a good deed of the same, and draw money out of the general treasury to pay therefor. But if said ferry places, boats, &c., cannot be purchased upon better terms than to build, then the said committee, or the ma- jor part of them, are hereby empowered and directed to build a good and suitable pier or wharf, for a ferry place, at the west end of the highway, which runs across said Jamestown, from ferry to ferry, and erect a suitable house on said highway, and purchase two suitable ferry boats as soon as conveniently may be, for the use of the colony ; and draw money out of the gen- eral treasury to defray the same; and immediately to hire one or two suitable boats for transporting over the ferry ; and ap- point proper persons to tend the same, until good boats may be purchased ; and that no other persons be licensed to keep a ferry on the west side of Jamestown.


Whereas, Edward Scott, Esq. and the secretary were ap- pointed a committee, to procure the printing of all the public laws, now in force in this colony, that have been made since


252


RECORDS OF THE COLONY OF RHODE ISLAND


[1748.


the last revisal and printing the laws, but have hitherto omit- ted doing the same, and the secretary altogether declines en- gaging in that business, being in a bad state of health ;-


Wherefore this Assembly do constitute and apppoint Mr. James Gould, of Newport, to join Mr. Scott, in the secretary's l'OOII1.


Whereas, Col. Benoni Waterman and Mr. Joseph Lippitt, represented unto this Assembly, that the bridge over Pawtuxet river, commonly called Capt. Benjamin Greene's Bridge, is very much out of repair ; and as the same is in the country road, and of great service to the public, they prayed a grant of about £70, out of the general treasury, for repairing said bridge ; on consideration whereof,-


It is voted and resolved by the Assembly, that the said Be- noni Waterman and Mr. Samuel Greene, be, and they are appointed a committee, to repair the bridge aforesaid ; and when it is completed, that they draw out of the general treasu- ry the sum of $70, towards paying the charge thereof.


Whereas, the commissioners, that were appointed to run the line between the Province of the Massachusetts Bay, and this colony, did not go through that work in every part there- of ;-


Whereupon. it is voted and enacted by the Assembly, that Daniel Jenekes, Henry Harris and Stephen Hopkins, Esqs., be, and they, or the major part of them, are hereby appointed commissioners to finish the running said line in manner follow- ing. viz. :


Beginning at the monument, in the north-east corner of the colony, set up by the former commissioners, where they left off, and from thence to run westerly to Connecticut line, agree- ably to the charter of this colony; and that they meet the third Tuesday of October next, at 12 o'clock, at Maxe's, in At- tleborough, in order to begin said work.


And it is further voted and enacted, that His Honor, the Governor, write to His Excellency, the Governor of the Mas- sachusetts, informing him of this resolution; and to request that commissioners may be appointed on the part of that Prov-


253


AND PROVIDENCE PLANTATIONS.


1748.]


ince, to join with the commissioners of the colony, in order to perform the business aforesaid.


Whereas, the General Assembly, at their last session, in Newport, appointed Peter Bours, Stephen Brownell, Daniel Coggeshall and William Hall, Esqs., together with Messrs. Walter Chaloner, James Sheffield, Benoni Waterman and John Eldred, or the major part of them, a committee, to inquire into the conduct of the captain and lieutenant of the colony's sloop, &c .; and the major part of the said committee having assumed and gone through the burthen of that province, made report as followeth, to wit :


Report of the Committee in the case of Captain and Lieutenant of the Sloop Tartar.


To the Honorable General Assembly :


" We, the subscribers, being appointed a committee to inquire into the conduct of Capt. James Holmes, commander of the colony sloop Tartar, charged with mis- demeanors in his said office; and also into the conduct of Mr. Daniel Vaughan, lieutenant of said sloop, with full powers to continue or suspend said officers, as should be found agreeably to justice ; in pursuance of which, we have met, and had before us the said Capt. Holmes and Mr. Daniel Vaughan, and on examining them and several evidences, summoned before us, came to the following resolutions which we now report :


1. That as to Capt. Holmes' going out without orders, or instructions from the Governor, it was resolved by the committee, that his going out without orders, or instructions from the Governor, or the Deputy Governor, was a great misdemeanor ; but it appeared to the committee, that it was without any bad design, and princi- pally to keep his men on board from deserting their service.


2. As to his conduct, in bringing to the schooner referred to by act of Assem- bly, and what was consequent thereupon, the committee resolved, that it did not appear by the evidences, that Capt. Holmes knew the said schooner was a flag of truce at that time ; but as she had been at Jamaica, and was furnished with a clear- ance from the custom house of that island (which was produced to the committee), there is room to allow that Capt. Holmes might suppose her to come directly from thence ; but the committee was of opinion, that he greatly erred in putting his lieu- tenant, Mr. Daniel Vaughan, on board said schooner, as a pilot, to bring her in, as said Vaughan had the second command on board the colony sloop.


3. As to the said Capt. Holmes' not waiting upon the Governor, or in his ab- sence, the Deputy Governor, on his return from his cruise, the committee resolved, that it was a breach of duty ; and that he ought, on his return, to have waited on the Governor, or in his absence, the Deputy Governor, to have informed him of what had occurred in said cruise.


Upon the whole, though it appeared to the committee that Capt. Holmes had been guilty of several misdemeanors in his conduct, as captain of said sloop, yet it


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RECORDS OF THE COLONY OF RHODE ISLAND


[1748.


was resolved by them, that they did not amount to sufficient eause for a suspension from his aforesaid post of captain of said sloop.


With respect to Mr. Daniel Vaughan, the lieutenant of the sloop, it appeared to the committee, that he was put on board said sehooner, by order of Capt. Holmes, his superior officer; and although he declared to the committee, that one Mr. Right, on board her (who had with him a copy of one Capt. Haydon's commission, to command a privateer vessel, which was produced to the committee,) ordered him to carry the schooner to Coddington's Cove; yet the committee were of opinion, that he erred in complying with said Right's orders, and in not bringing her into the harbor of Newport. But on considering the whole of his conduct, and the circumstances attending it, on board said schooner, the committee resolved, that there was not sufficient eause for to suspend him from his aforesaid office of lieutenant of said sloop.


PETER BOURS. STEPHEN BROWNELL, BENONI WATERMAN.


WALTER CHALONER,


WILLIAM HIALL, Newport, August 23, 1748."


It is voted and resolved, that the committee appointed to build a pier and ferry house on the west side of Jamestown, and procure boats, &c., or the major part of the said committee, to treat with John Martin, of Jamestown, or whoever owns the piers or wharfs and ferry houses, on the west side of James- town, and purchase, or hire of him, said piers or wharfs and ferry houses, and boats, for the use of the colony, until those they appointed to build are fit for use ; and, if he refuse to let the colony have them upon reasonable terms, that said committee take possession of the southernmost of said piers or wharfs on the west side of Jamestown, and improve them for the use of the colony, and for accommodating the in- habitants thereof; and that reasonable damages be allowed by the colony to the owners thereof, for the same, during the time they shall be improved for the use of the colony.


God save the King.


The Duke of Bedford to the Governor and Company of Rhode Island.


Whitehall, August 9, 1748.


Gentlomen :- In my letter of the 28th June last, I acquainted you with the King of Spain and the republic of Genor's accession to the preliminary articles signed at Aix la Chappelle, the 19th of April, O. S., 1718, for restoring a general peace.


255


AND PROVIDENCE PLANTATIONS.


1748.]


I am now to inform you, that their Excellencies, the Lords Justices, have since or- dered a proclamation to be published, a copy of which is enclosed, declaring a ces- sation of hostilities against His Catholic Majesty, and the republic of Genoa, and their subjects, as well by sea as land; which proclamation you are to cause to be published in all the proper places under your government, to the end that His Maj- esty's subjects there, may pay due obedience, and strictly conform themselves thereto.


I am, gentlemen, Your most obedient servant,


BEDFORD.


To the Governor and Company of Rhode Island.


Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Providence, the last Wednesday in October, 174S.


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


It is voted and resolved, that Daniel Jenckes, Henry Harris and Stephen Hopkins, Esqs., be, and they, or the major part of them, are hereby appointed commissioners to run the northern boundary line of the colony, from the stake set up by Nathan'l Woodward and Solomon Saffery, in the year 1649, upon Wrentham Plain, westerly, so as it may (at Connecticut river,) be two miles and a half to the southward of a west line; and that said line be run clear through, to said Connecticut river, according to an agreement made between the commissioners of the Province of the Massachusetts Bay and this colony, October the 22d, 1718; and that they meet the first Monday in April next, at Pelatiah Man's, at Wrentham, in order to be- gin said work; and that His Honor, the Governor, write to His Excellency, the Governor of the Massachusetts Bay, in- forming him of this resolution ; and to request that commis- sioners may be appointed on the part of that government, to join with our commissioners, to perform the business afore- said.


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RECORDS OF THE COLONY OF RHODE ISLAND [1748.


It is voted and resolved, that the colony's sloop Tartar, to- gether with all her appurtenances, stores and provisions, (cx- cepting the warlike stores,) be sold by the commissary, at a public vendue, to the highest bidder, within ten days after the rising of this Assembly ; and that the commissary give public notice of the sale, with a list of the stores, appurtenances and provisions ; the price to be paid down into the general treasury.


It is voted and resolved, that His Honor, the Governor, send home, to Mr. Partridge, the colony's agent in Great Britain, copies of the muster-rolls of the officers and soldiers, enlisted for the expedition against Canada; together with a well attest- ed copy of Governor Shirley and Governor Knowles' order for the settlement of the pay ; and direct the agent to make ap- plication for the re-payment thereof, by the crown; and that the former committee, viz. : George Wanton, Esq., Mr. James Sheffield, Stephen Hopkins, Esq. and Capt. Robert Haszard, prepare said copies, and deliver them to His Honor; and that said committee render an account of all their proceedings to the General Assembly, at their next session; and that His Honor, the Governor, draw bills for payment of the above mentioned pay to the agent.




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