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 25
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It is voted and resolved, that the committee, appointed by the General Assembly, to pay off the forces raised for the Canada expedition, do procure two regular attested copies of the muster-rolls of each company, and make oath to the truth of their having received the money for paying the soldiers ; and that His Honor, the Governor, be, and he is hereby desired and empowered to send the same home to England, and forth- with to draw bills of exchange, payable to our agent, Mr. Partridge, for said money, on the lords of the treasury, or any other, on whom the payment of the same may be incumbent.
Whereas, Peter Bours, Esq., Messrs. Thomas Cranston and Joseph Whipple, Jr., were constituted a committee, to draught a letter to be perused by this Assembly, signed by His Honor, the Governor, and sent to the agent; and having performed the same, and exhibited their draught ;-
It is voted and resolved, that a letter of the same purport be drawn, signed by His Honor, the Governor, and sent to the agent, together with a copy of the record of the money burnt at the last session of this Assembly, held at Providence ; and likewise a copy of the act empowering His Honor, the Gov- ernor, to draw bills for what has, by the colony, been paid the soldiers raised for the Canada expedition.
God save the King.
270
RECORDS OF THE COLONY OF RHODE ISLAND
[1749.
[At the close of the October session, 1748, (p. 256,) a committee was appointed to answer the queries of the board of trade, relative to the population of the colony, etc. There is not among the records of the secretary's office, any copy of this report. The statement hereto annexed, is taken from " Douglass' Summary, etc., of the first planting, progressive improvements and present state of the British set- tlements in North America." London, 1754. Vol. 2, p. 89. From its precise- ness, it was doubtless copied from the original, in H. B. M. State Paper Office, in London.]
1748-1749.
Townships.
Proxies.
Representatives.
Justices.
Whites.
Negroes.
Indians.
Militia compani's.
Newport
96
6
9
5335
110
68
4
Providence
32
4
13
3177
225
50
5
Portsmouth
25
4
5
807
134
51
1
Warwick
21
4
8
1513
176
93
3
Westerly.
23
2
6
1701
59
49
4
New Shoreham.
23
2
0
260
20
20
1
North Kingstown,
30
2
7
1665
184
86 3
South Kingstown, .
21
2
5
1405
380
193
3
Greenwich.
17
2
6
956
61
27
2.
Smithfield
45
2
F
400
30
20
3
Scituate
58
2
4
1210
16
6
3
Glocester
11
4
1194
8
3
Charlestown
9
2
641
58
303
1
West Greenwich,.
25
2
4
757
8
1
2
Coventry ..
12
2
6
769
16
7
2
Exeter
24
2
4
1103
63
8
2
Middletown
20
2
4
586
76
18
1
Bristol
13
2
5
928
128
13
1
Tiverton
102
2
4
842
99
99
2
Little Compton
107
2
5
1004
62
86
1
Warren
82
2
4
600
50
30
1
Cumberland
73
2
3
802
4
1
Richmond
11
2
5
500
5
3
1
888 58 119 28439 3077 1257 51
Governor Greene to Richard Partridge, Agent for Rhode Island, in London.
Newport, June 18, 1749.
Sir :- The letters I have lately received from you, with that directed to the com- mittee who disposed of the sterling money in your hands, have been communicated to the General Assembly, who have ordered me to inform you, that on examining
(
284
110
26
1
Jamestown
4
2
271
AND PROVIDENCE PLANTATIONS.
1749.]
the accounts of your agency, they find £400 charged November 21st, 1744, as a reserve in your hands, for future services ; for which, they judge you ought to have given credit, inasmuch as all the expenses from that time to this, which you have been at on the colony's behalf, are charged in your several accounts.
The article of £82, charged as a loss on the bills of exchange you drew, payable to Messrs. Oliver & Phillips, the Assembly expects a further explanation of the equity and reasonableness of, before they can readily allow of it.
And as to the article of commissions, for negotiating the affair of the money ad- vanced by this government for the Canada expedition, they have voted you two per cent. for receiving the same ; as they have also, £100, as a gratuity for your extraordinary trouble respecting the boundary line between the Province of the Massachusetts Bay and this colony ; the remainder of your account seems to meet with approbation.
You have herewith sufficient power to qualify you in behalf of the government to receive the money we have advanced for paying the officers and soldiers raised for the Canada expedition, together with attested copies of the muster-rolls and the oaths of the committee, who received the money from the government to pay the same ; and doubt not, as it was expended at the request of the Duke of New- castle, in behalf of the crown, that we shall, on your application, be immediately reimbursed.
As to Mr. Lockman's petition, relating to the naval office, we doubt not but that the two acts of Parliament, made in King Charles 2d, and King William's reigns, relating to said office, will sufficiently vindicate the colony's conduct in rejecting his patent ; and as to his aspersions so liberally cast on us, was his character as well known in London, as it is in Rhode Island, he would not have access to any publie board, to spread his false reports, which it is obvious are only the result of his disappointment.
As to the bill in Parliament, relating to the paper currency, the Assembly ex- pects you will strennonsly oppose it ; since, should it pass into a law, it would anni- hilate all the legislative power granted to this colony, in their charter ; and, as we judge that we have not acted anything to forfeit those privileges, we hope on an im- partial consideration, we shall not be stripped of them. The multiplicity of the paper bills emitted by New England, ought to be considered as owing, in a great degree, to the expeditions the inhabitants have engaged in, for His Majesty's ser- vice. Witness the undertaking in 1710, to reduce Port Royal and Canada, which first gave occasion for striking off hills of credit ; and witness the remarkable Cape Breton exploit, which procured such an inundation of them from the Province of the Massachusetts Bay, which has overwhelmed that Province and the other gov- ernments of New England; also, and we would observe, that all the money allowed us on account of the Canada expedition, has been appropriated to the sending the whole amount thereof, in bills emitted by this colony, as will also that which is granted us by Parliament, for the Cape Breton undertaking, as soon as yoa shall have received it.
We are surprised at Governor Shirley's writing as you inform us he has, to the lords of the treasury ; you have been informed that the chiefest part of the charge of the transports and provisions in our accounts, was owing to the attempts we made of succoring Nova Scotia, at the pressing instance of Mr. Shirley, in con- junction with Admiral Warren, and in obedience to His Majesty's instructions to
272
RECORDS OF THE COLONY OF RHODE ISLAND
[1749.
this colony, Anno 1745, copies of which you have herewith, to support those articles.
We are persuaded, on striet inquiry, you will find'that all the expense the Prov- ince of the Massachusetts was at on the same occasion, and at that very time, has been by their Governor charged to the crown, and very likely paid to them be- fore now ; and as Admiral Warren was in Newport when our forces sailed for An- napolis, and assured us he would serve the government whenever in his power, the General Assembly have ordered me to address him for his friendly assistance in this case, and to desire him to declare before the board, who will inquire into these charges in our accounts, what he knows of the conduct of the colony relating to that undertaking. Enclosed, is a letter to him for that purpose, which you are to wait on him and to deliver yourself, if he be in London, and to inform him of the dif- ficulties we are under, and to solicit his kind interposition to serve us as far as may be consistent with justice, which no doubt he will readily do.
Your assured friend,
WILLIAM GREENE.
To Richard Partridge.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Newport, on the third Monday in August, 1749.
The Hon. William Greene, Governor. The Hon. William Ellery, Deputy Governor. With the assistants and deputies from the several towns.
Whereas, Peter Bours, Simon Pease and George Wanton, Esqs., Messrs. Thomas Cranston and James Sheffield, were by this Assembly, at their last session, constituted a committee to audit the grand committee's accounts, and to receive of them what money was in their office, paid in for tenths ; and also to receive of Jonathan Nichols, Esq., the £3,000 delivered to him by a former committee, to be exchanged, and burn the whole of said monies when by them so received ; and to make report of their doings to this Assembly. And those gentlemen hav- ing performed that work, exhibited an account of the same by them stated, with their report thereon, as follows, to wit :
273
AND PROVIDENCE PLANTATIONS.
1749.]
Mr. Benjamin Nichols, one of the grand committe, To the colony of Rhode Island, Dr.
£ s. d.
1745-6. February. To cash paid by Jahleel Brenton, Esq., ... 1747. June.
.1,600 00 0
Messrs. Benjamin Haszard, Thos. To Cranston and John Channing, a committee appointed by the Assembly . 6,239 02 6
" Mortgages and bonds, agreeing of the third bank, delivered by Jahleel Brenton, Esq.,. .. 22,394 17 3 Mortgages and bonds, agreeing of the fourth bank, delivered by said Brenton. .36,648 08 0
" A number of bonds without mortgages, of the third and fourth banks .. 2,383 19 7
Mortgages and bonds of the fifth bank. .101,397 10 0
Mortgages and bonds of the sixth bank . . .101,966 00 0
Mortgages and bonds of the seventh bank in [new tenor, £20,078 1s. " reckoned in old tenor .. 80,313 04 0
66
6
mortgages and bonds of the eighth bank, in [new tenor, £40,001 reckoned in old tenor, 160,004 00 0
66
66
66
a number of bonds, delivered by Daniel Up- dike, Esq., in May, 1746 12,029 12 0
£524,975 13 4
Mr. Benjamin Nichols, of the grand committee,
To the colony of Rhode Island, Cr.
£ s. d.
1746. May 26. By cash paid to Messrs. Samuel Wickham and Abrabam Redwood, a committee appointed by the General Assembly, who burnt the same, as per report made.
1,600 00 00
1747. June 11. " cash paid to Messrs. Benjamin Haszard, Thomas Cranston and John Channing, a committee ap- pointed by the General Assembly, who burnt the same, as per report.
21,241,13 00
" cash paid to Messrs. Jas. Sheffield and Thos. Cran- ston, a committee appointed by the General As- sembly, who burnt the same, as per report made, 16,700 00 00
1749. Aug. 15. " cash paid to Messrs. Peter Bours, Simon Pease, George Wanton, Thomas Cranston and James Sheffield, a committee appointed by the General Assembly, to receive and burn the same. .... 26,722 02 10 Balance in Mr. Benjamin Nichols' hands, .. .. 458,711 17 06
1
£524,975 13 04
VOL. V.
35
66
4€
274
RECORDS OF THE COLONY OF RHODE ISLAND
[1749.
" We, the subscribers, being appointed by the General Assembly, a committee, to audit the grand committee's accounts, and to receive what money was in the grand committee's office, paid in for tenths, and to burn the same; and also to receive of Capt. Jonathan Nichols the £3,000 delivered to him by a former com- mittee, to be exchanged, do report :
That we have carefully examined into the lists of the mortgages and bonds, in the office ; and also the sums which have been paid into, and delivered out of said office, since the time that Jahleel Brenton, Esq., resigned the same, and do find, that there is at present in the hands of Mr. Benjamin Niehols, as a bal- ance, £458,711 17s. 6d., as appears by the above account. We also report, that there is in said Nichols' custody, a number of mortgage deeds, without bonds to match them, amounting to £38,639 12s. 4d., agreeably to a list of them taken when said Jahlecl Brenton, Esq., delivered them to Capt. Jonathan Nichols, his successor. We do further report, that we have received of the aforesaid Benjamin Nichols, £26,722 2s. 10d., old tenor, as he is eredited for in the aforegoing ac- count, (ineluding in said sum, £88 said Benjamin Nichols paid to Joseph Tur- pin, by order of Assembly, for the same sum lost by him, of this colony's money,) which we have burnt, pursuant to the act of Assembly ; and that we cannot find that there were £3,000 delivered to Capt. Jonathan Nichols by any former com- mittee, but suppose the mistake to arise from the article of £6,239 2s. 6d., paid to Mr. Benjamin Nichols, as he stands charged with in the account above stated.
All which, we submit to the Honorable General Assembly.
PETER BOURS, SIMON PEASE, THOMAS CRANSTON,
GEORGE WANTON,
JAMES SHEFFIELD,
Newport, August 19, 1749.
And now, this Assembly, having taken the said report into consideration,-
Do vote and resolve, and it is hereby voted and resolved, that the same be, and it hereby is accepted ; and that the ac- count by said committee charged against the colony, for their time, trouble, &c., in auditing the aforementioned accounts, be allowed ; and the amount thereof, being £112 10s., paid them out of the general treasury.
Whereas, James Mussey, of Mendon, represented to this As- sembly, that at the session thereof, in August and October, 1748, Daniel Jenckes, Henry Harris and Stephen Hopkins, Esqs., were appointed commissioners, they, or the major part of them, to run the northern boundary line of this colony, from the stake set up by Nathaniel Woodward and Solomon Saffery, in the year 1642, as by said acts may appear ; but as the said
275
AND PROVIDENCE PLANTATIONS.
1749.]
commissioners have hitherto neglected to perform said work, according to the intent of said acts, the aforesaid James Mus- sey, and others, who are now under the jurisdiction and gov- ernment of the Province of the Massachusetts Bay (as they apprehend, wrongfully,) prayed that this Assembly would, at their present session, be pleased to appoint three or more such gentlemen, commissioners, to run the northern boundary line of this colony, according to charter, who will undertake said business, and go through with it, according to an agreement made between the commissioners of this colony, and one of, and for said Province, January 19, 1710-11 ; that they may be under the jurisdiction and government of this colony, as they think by charter, they ought ;-
On consideration whereof, it is voted and resolved, that the aforesaid petition be, and it is hereby granted ; and that Jona- than Randall, Thomas Lapham and Richard Steere, Esqs., be, and they, or the major part of them, are hereby constituted a committee to run the above mentioned line ; and they also are fully empowered to appoint a surveyor or surveyors, and chain- men ; and to appoint time and place to begin said work; and that the secretary acquaint the Province of the Massachusetts Bay, of this act being passed ; and to request them to appoint a a committee to join with ours, in running said line ; and that if none be appointed by said Province, that our committee pro- ceed and run said line ex parte.
An Act for laying a drift-way through part of Middletown.
Whereas, it is necessary that there should be a way for His Majesty's subjects to pass and re-pass from that part of Middle- town, in the county of Newport, called Sachmeast Beach, across to Easton's Beach, for the want of which, the inhabitants of Lit- tle Compton and Middletown, are greatly hindered in passing to and from Newport, no public way ever having been provided and laid out ;-
Be it therefore enacted, and it is hereby enacted by the au- thority of this General Assembly, that there shall be a drift- way of a convenient breadth, laid out by the town of Middle-
276
RECORDS OF THE COLONY OF RHODE ISLAND [1749.
town, from the double gate on the west side, to another gate on east side of Easton's Neck (being the old accustomed way) ; and that the town council of Middletown are hereby required to lay out said drift-way, within one month from the rising of this General Assembly, in the manner and under the direc- tions, that highways are laid out in this colony, agreeably to the laws now in force in this colony ; and that the same shall be done at the charge of the said town of Middletown ; and that if there be any persons' land to be run through, in laying out said way, who will not grant the same for the said public use, that the said town council do proceed to agree with said proprietor or owner thereof, and pay therefor in the same man- ner as is directed by other laws made for laying out highways in this colony.
And be it enacted, that the said drift-way so to be laid, shall, when laid out, be, and remain a public drift-way, for the use of His Majesty's subjects, for ever.
God save the King.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at South Kings- town the last Wednesday in October, 1749.
The Hon. William Greene, Governor.
The Hon. William Ellery, Deputy Governor. With the assistants and deputies from the several towns.
Whereas, Messrs. Daniel Updike, James Honeyman, Jr., Matthew Robinson and John Aplin, attornies at law, by a me- morial under their hands, have represented unto this Assembly, that the judges of the superior court of judicature, &c., in this co'ony, have, of late, judicially determined that the statues of that part of Great Britain, formerly called England, are not in force in this government, except such as are introduced by
277
AND PROVIDENCE PLANTATIONS.
1749.]
some law of the colony ; and this, notwithstanding that in all time heretofore, the courts throughout the colony, both superior and inferior, have admitted such of the said statutes as relate to the common law, to be in force here, and have adjudged up- on them as such, so that there has been no occasion of an act of Assembly for the formal introduction of those statutes; but, as the case now stands, the laws of this colony are altogether imperfect, and rarely any one law proceeding can be commenc- ed or brought to issue ;-
And now this Assembly, having taken the premises into consideration, do vote and resolve, and it is hereby voted and resolved, that the memorialists be, and they are hereby consti- tuted a committee to prepare a bill for introducing into this colony, such of the statutes of England as are agreeable to the constitution, and present the same to this Assembly at their next session.
Whereas, several bills of exchange drawn by His Honor, the Governor, in behalf of this colony, on Mr. Agent Partridge, were protested ;-
It is therefore voted and resolved, that His Honor, the Gov- ernor, draw new bills on the agent, for the sums contained in those bills, which already have been, or hereafter may be pro- tested ; together with the lawful damages and interest accruing thereon, and lodge them with the general treasurer.
It is also voted and resolved, that the proprietors of said protested bills, receive of the treasurer those new bills in lieu of the old ones, if they think proper; but if any of the proprie- tors of said protested bills, shall choose to have currency for them, they shall be paid by the treasurer at the rate of £950 per cent. advance ; and for raising said money, those new bills, if refused by the proprietors of the old ones, shall be disposed of by the treasurer, to other persons.
And it is further voted and resolved, that His Honor, the Governor, write to the agent, directing him to honor those new bills which shall be drawn on him, as aforesaid ; and if he has not cash in his hands belonging to the government, sufficient to pay the same, that he hire what shall be wanting, upon the
278
RECORDS OF THE COLONY OF RHODE ISLAND
[1749.
best terms he can, until he be in cash of the colony's, for pay- ing the same.
It is voted and resolved, that Peter Bours, Stephen Hopkin's and Daniel Jenckes, Esqs., with Capt. Robert Haszard, be, and they, or the major part of them, are constituted a committee to prepare an account (agreeably to the letter of the Duke of Bedford, one of His Majesty's principal secretaries of state, to the Governor and Company of this colony)," of the tenor and amount of all the bills of credit which have been created and issued by this government, and are now outstanding ; distin- guishing the amount of them here; and the respective times when such bills so outstanding, were issued, with the amount of the said bills in money of Great Britian, both at the times when such were issued, and at this time; and also at the time fixed for calling in, sinking, and discharging such bills, and the funds appropriated for that purpose; and that the said committee present the said account to be by them so prepared, unto this Assembly, at their next session.
God save the King.
# The Duke of Bedford to the Governor and Company of Rhode Island.
Whitehall, July 19, 1749.
Gentlemen :- Upon the 30th of May last, the House of Commons presented an humble address to the King, desiring " that His Majesty would be graciously pleas- ed to give directions that there be laid before that House, in the next session of Parliament, an account of the tenor and amount of all the bills of eredit, which have been created and issued in the several British colonies and plantations in America, as well those under proprietors and charters, as under His Majesty's im- mediate commission and government, that shall be then outstanding ; distinguishing the amount of the same, in cach colony or plantation ; and the respective times, when such bills, so outstanding, were issued, with the amount of the said bills in money of Great Britain, both at the times when such bills were issued, and at the time of preparing the said account; and also the times fixed for the calling in, sinking and discharging such bills, and the funds appropriated for that purpose."
And I am now, in consequence thereof, commanded by Ilis Majesty, to signify his pleasure to you, that you should order all such accounts, so far as they relate to
279
AND PROVIDENCE PLANTATIONS.
1750.]
[The following Publie Laws, passed during the year 1749, are printed at length in the volume of public laws, published in 1767, unless repealed previous to that time.]
An Act for the meeting and sitting of the superior court, in Providence (January.)
An Act to prevent hogs going at large in the compact parts of Newport and Provi- dence. (February.)
An Act to prevent the fish being stopped in their course up Pawcatuck river. (February.)
An Act for the relief of insolvent debtors that are or shall be imprisoned. Feb -- ruary.)
An Act appointing a committee to build a light house on Beaver Tail, in James- town. (February.)
An Act enabling the clerks of the inferior courts in the colony for the time being, to surrogate and appoint deputies under them. (June.)
An Act ascertaining how payment shall be made for erecting a light house on Bea- ver Tail. (June.)
An Act for regulating the light house. (August.)
An Act against adultery, polygamy and unlawfully marrying persons; and for the relief of such persons as are injured by the breach of marriage covenants. (Oc- tober.)
An Act to prevent unlawful gaming. (October.)
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at South Kingstown, the last Tuesday in February, 1749-50.
The Hon. William Greene, Governor. The Hon. William Ellery, Deputy Governor.
With the assistants and deputies from the several towns.
Whereas, Jonathan Randal, Thomas Lapham and Richard Steere, Esqs., were by the General Assembly of this colony, at
your government, to be prepared and transmitted forthwith to me, that I may lay the same before His Majesty, and receive his farther pleasure thereupon, with re- gard to their being laid before Parliament.
I am, gentlemen, Your most obedient servant, BEDFORD.
To the Governor and Company of Rhode Island.
280
RECORDS OF THE COLONY OF RHODE ISLAND [1750.
their session in Newport, the third Monday in August last, ap- pointed a committee to run the northern boundary line of this colony, according to the charter, &c., and the gentlemen afore- named, having gone through that work, made the following report of their conduct :
Report on the the Northern Boundary Line.
" To the Ifonorable General Assembly, at South Kingstown, in and for the colony of Rhode Island, on the last 'Tuesday of February, Anno Domini 1749.
In pursuance of a commission to us given, for running the northern boundary line of this colony, according to charter, &c., the commission bearing date Septem- ber the 25th, 1749, we did seasonably inform the secretary of this colony that we had appointed to meet at Man's, in Wrentham, on the 9th day of October, follow- ing, when we would meet with a committee of the Province, if any should be ap- pointed, and proceed on the business aforementioned ; and we did accordingly meet on the said 9th day of October, at said Man's, together with Henry Harris, Esq., surveyor, and Israel Wilkinson and Christopher Waterman, chainmen, ready to proceed on the business ; but no committee from the Province appearing, we postponed the business intended, till the 30th of said October ; when we met again, and no person appearing on the part of the Province, we did then effect the busi- ness we met on ; coneerning which, we do report as followeth :
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