Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. V, Part 26

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 26


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That we not being able to find any stake, or other monument, which we could imagine to be set up by Woodward and Saffery, but knowing that the place thereof was described in the agreement mentioned in our commission, by certain invariable marks, we did proceed as followeth, viz. :


We found a place where Charles river formed a large ereseent southerly ; which place is known to many, by the name of Poppotatick Pond, which we took to be the southernmost part of said river ; from the southernmost part whereof, we mea- snred three English miles south, which three English miles did terminate upon a plain, in a township called Wrentham, about a quarter of a mile north-easterly from the dwelling house of Thomas Man's ; as also about a quarter of a mile south- easterly from the house of Robert Blake, where we marked a pine tree, and ereet- ed a monument of stones, and found the same to be in latitude forty-two degrees eight minutes north ; which we made for the north-east bound of this colony.


And we do further report, that from said tree, we did proceed to run the north- ern boundary line of this colony on a west course, with a variation of eight degrees and a half, as the west variation from the magnetic needle ; in the course of which running, we did mark many trees ; said line passing over the southernmost part of a certain pond, called Manchaug Pond, and did terminate about thirty rods east- ward of a small pond, called Grassy Pond, at a black oak tree, which we marked; and did erect a monument of stones about it; which tree, we marked for the north- western bounds of this colony, it being about twenty-two miles from said pine tree to said black oak. Reported and humbly submitted by JONATIIAN RANDALL, RICHARD STEERE, THOMAS LAPHAM.


Providence, January 220, 1749-50."


281


AND PROVIDENCE PLANTATIONS.


1750.]


And now, this Assembly, having taken the said report into consideration ;-


Do vote and resolve, and it is hereby voted and resolved, that the said report be accepted.


Whereas, this Assembly, at their session in Newport, on the third Monday of August last, appointed commissioners to run the northern boundary line of this colony, with directions, that if the commissioners should not be appointed on the part of the Province of the Massachusetts Bay, to join with them therein, they should proceed to run said line ex parte. As no commissioners were appointed by the Province in season, the gentlemen appointed by the colony, run the said line ex parte, and made report thereof to this Assembly, which hath been accepted. But nevertheless, upon advice from the Province, that they have appointed commissioners since our committee run the line, as aforesaid ;-


This Assembly do vote and resolve, and it is hereby voted and resolved, that Jonathan Randall, Richard Steere and Thos. Lapham, Esqs., and Capt. Joseph Harrison, or the major part of them, be, and they are hereby appointed commissioners, and fully empowered to join with the commissioners of the Prov- ince of the Massachusetts Bay, at Pelatiah Man's in Wren- tham, the second Tuesday of April next, to run or perambulate the northern boundary line of this colony, according to charter, from the stake set up by Nathaniel Woodward and Solomon Saffery, in the year 1642, pursuant to agreement made be- tween the commissioner of this colony, and one of, and for the Province of the Massachusetts Bay, January the 19th, in the year 1710-11, with full power to appoint a surveyor or sur- veyors, and chainmen. -


And it is also voted and resolved, that the gentlemen on the part of the colony, be commissioned for the end and purpose aforesaid, by His Honor, the Governor.


Whereas, the town council of Middletown, in this colony, have represented unto this Assembly, that on consideration of the necessity of a way for His Majesty's subjects to pass and re-pass from that part of Middletown, called Sachneast Beach, VOL. V. 36


282


RECORDS OF THE COLONY OF RHODE ISLAND [1750.


across to Easton's Beach, the General Assembly, at their ses- sion in Newport, the third Monday of August last, did order and direct that there should be a drift-way of a convenient width laid out by the said town of Middletown, from the dou- ble gate on the west side, to another gate on the east side of Easton's Neck, being the old accustomed way, &c .; since which, it hath been discovered that the land from the said dou- ble gate, westerly, down to the creek, on Easton's Beach, be- longeth to private persons, as likewise does the land to the eastward of the other gate, aforementioned, for some small distance, so that it will be to no purpose to lay out a drift-way from one of the said gates to the other, unless the same be ex- tended farther each way :


Whereupon, they prayed this Assembly to empower them to lay out a drift-way from the creek, on Easton's Beach, to the double gate, aforesaid ; and from thence casterly down to, and along Sachneast Beach, until it comes to that part of said Beach, which was reserved by the town of Middletown, for all persons whomsoever to pass and re-pass over, as often as occasion should require, forever ; and this Assembly taking the premises into consideration, do grant the said petition ;-


And it is voted and resolved, that the said town council of Middletown, be, and they are hereby empowered to lay out a drift-way from the creek on Easton's Beach, to the double gate, aforesaid ; and from thence, to the other gate, aforesaid; and from thence, easterly, down to, and along said Sachneast Beach, until it comes to that part of said Sachneast Beach, reserved by the town of Middletown for all persons, whomsoever, to pass and re-pass over as often as occasion shall require, forever.


Whereas, this Assembly, at their session, in South Kings- town, on the last Wednesday of October last, appointed a com- mittee 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 outstand-


+


283


AND PROVIDENCE PLANTATIONS.


1750.]


ing, &c., and the major part of the committee having assumed that province, and perpetrated the business, made report to this Assembly, as followeth :


" The colony of Rhode Island, in the year 1728, emitted £40,000, in bills of pub- lic credit, equal then to £12,800 sterling, to be let on loans on land security of double the value, and at five per cent. per annum interest, for thirteen years ; the interest was appropriated to the repairing and furnishing Fort George ; the princi- pal to be sunk by ten equal annual payments; two of which are yet outstanding, equal to £727 5s. 6d. sterling ; and the sinking thereof, will be completed in the year 1751.


And in the year 1731, the colony emitted £60,000, in bills of public credit, equal then to £16,841 17s. 4d. sterling, to be let out on loan on land security, of double the value, at five per cent. per annum interest, for ten years ; the interest was ap- propriated to encourage raising hemp, flax and the catching of fish and making oil, by proper bounties given by the emitting act ; the principal to be sunk by ten equal payments ; two of which are yet outstanding, equal to £1,090 18s. 3d. ster- ling; and the sinking of it will be finished in the year 1751.


And in the year 1733, the colony emitted £100,000, in bills of public credit, equal to £25,396 16s. sterling, to be let out on loan, on land security, of double the value, and at five per cent. per annum interest, for ten years; the interest was to be appropriated to purchasing of cannon for Fort George, and erecting a pier at Block Island ; the principal to be sunk by ten equal annual payments ; four of which are yet outstanding, equal to £3,627 5s. 6d. sterling ; and the sinking of this sum will be completed in the year 1753.


Again, in the year 1733, the colony emitted £100,000, in bills of public credit, equal then to £19,753 1s. 4d. sterling, to be let on loan, on land security, of double the value, at five per cent. per annum interest, for ten years ; the interest was ap- propriated to the building of a state house, for the colony, and a light house, for the benefit of navigation ; the principal to be sunk by ten equal annual payments ; nine of which are yet outstanding, equal now to £8,181 168. 4d. sterling ; and the sink- ing of this sum will be completed in the year 1758.


Again, in the year 1740, the colony emitted £20,000, in bills of a new tenor, equal to £80,000 of their former bills, and to 15,802 8s. sterling, to be let out on loan, on land security, of double the value, on interest, for ten years, at four per cent per annum ; the interest appropriated to building a guard sloop for the colo- ny, and paying the colony's expenses in the expedition to the West Indies ; the principal to be sunk by ten equal annual payments, the whole of which is now outstanding ; and is equal to £7,272 14s. 6d. sterling ; the sinking of this sum will be completed in the year 1760.


And lastly, in the year 1743, the colony emitted £40,000, of the new tenor bills, equal to £160,000, in bills of the old tenor ; and to £28,444 5s. 4d. sterling, to be let out on loan, on land security, of double the value, to pay interest ten years, at four per cent. per annum ; which was appropriated to put the colony in a posture of defence, during the war ; the principal to be paid in ten equal annual payments ; and the whole of this sum is now outstanding, and is now equal to £14,545 9s. 1d. sterling ; and the sinking of it will be completed in the year 1763.


At divers times, from the year 1710, to the year 1747, the colony has emitted bills


284


RECORDS OF THE COLONY OF RHODE ISLAND


[1750.


of credit to the amount of £312,300, old tenor; and there hath been called in and burnt, at several times from the year 1728 to 1748, £ 176,964 6s. 10d. ; and by the last settlement ot the general treasurer's account, it appears that there was then in the public treasury, $24,891 10s. 10d., from all which, it appears that there is now outstanding of the bills issued to supply the treasury, £110,444 2s. Sd. ; the whole of which outstanding sum, was issued in the years 1746 and 1747, and is equal to £10,040 7.s. 5d. sterling.


And the Parliament having granted to this colony, for their services in the Cape Breton expedition, £6,332 12s. 10d. sterling, and the colony having paid, by order of the crown, the wages of the officers and soldiers raised for the Canada expedition, £ 3,000 sterling, the said two suis being £9,332 12s. 10d. sterling, are a fund for sink- ing so much of the colony's outstanding bills ; and the remainder being £708 14s. 7d, sterling, is to be called in and sunk, by a tax on the inhabitants of this colony.


The reason of the great depreciation observable in the bills issued by this colony, is, because the inhabitants of New England constantly consume a much greater quantity of British manufactures than their exports are able to pay for ; which makes such a continual demand for gold, silver and bills of exchange, to make re- mittances with, that the merchants, to procure them, are always bidding one upon another, and thereby daily sink the value of paper bills, with which they purchase them.


And it is plain, that where the balance of trade is against any country, that such part of their medium of exchange as hath universal currency, will leave them, ; and such part of their medium as is confined to that country, will sink in its value, in proportion as the balance against them is to their trade ; for what hath been the case with Rhode Island bills, hath also been the common fate of all the paper bills issued by the other colonies of New England ; they having been all emitted at near equal value, and have always passed at par one with another, and consequently have equally sunk in their value.


And this will always be the case with infant countries, that do not raise so much as they consume ; either to have no money, or if they have, it must be worse than that of their richer neighbors, to compel it to stay with them."


Which report, being duly considered, this Assembly do vote and resolve, and it is hereby voted and resolved, that His HIonor. the Governor, transmit the substance thereof, under his hand, to Mr. Agent Partridge, to be by him delivered to His Grace, the Duke of Bedford. one of His Majesty's principal sec- retaries of state, in answer to His Grace's letter to this colony, about the bills of public credit emitted here, &c. ; and also that a duplicate thereof, be sent to the said agent, for his own use.


And at the same time, the committee aforesaid, presented with their report, what follows:


1750.]


AND PROVIDENCE PLANTATIONS.


285


The colony for all the money emitted for supply of the treasury, Dr. £5,000


1710. May. To cash emitted.


66


October. 66


1,000


66 November.


66 1,000


1711. June. 66 66


6,000


November. 66


300


1726. June. ¥ 66


46,000


1728. June. 66


2,000


1730. February. 66


1,000


1733. July.


66


4,000


1737. June.


66 66


30,000


1738. May.


66


10,000


1740. September. 66 66


10,000


1741. May.


66


8,000


66 October. 66


8,000


1744. March. 66 66


10,000


1745. May.


15,000


66 September.


20,000 1746. June. 66 66 66


45,000


February.


66


60,000


1747. February.


30,000


£312,300


For what has been burnt, Cr.


d.


1727. June. By cash burnt at several times before this date, as appears by a settlement of the general treasurer, 12,550 00 00


1728. By cash burnt this year


1729.


66


3,601 07 09


1730.


66


6,430 10 073


1731. 66 66


1,376 13 06


1732. 66 66


2,381 06 013


1733. 66


66


3,946 02 06


1734.


66


1,015 13 01


1736. 66


3,525 09 003


1737.


4,042 02 05


1738.


66


26,269 15 10


1739.


66


14,077 09 02


1748.


60


66


88,725 00 00


£176,964 06 103


Balance due from the colony 135,335 13 01}


£312,300 00 00


" We, the subscribers, being appointed a committee, to inquire int o the state of the bills of public credit, that have at any time been emitted by the colony of Rhode Island, do report :


9,019 16 10


286


RECORDS OF THE COLONY OF RHODE ISLAND


[1750.


That the colony hath issued for the supply of the general treasury, at the times noted on the debt side of the above account, £312,300 ; and that there hath been burnt at the times noted on the credit side of this account, £176,964 6s. 10d. ; and that there is now circulating of bills of credit emitted by the colony, for a supply of the treasury, £135,335 13s. 1d.


Newport, February 27, 1749.


PETER BOURS, STEPHEN HOPKINS, DANIEL JENCKES."


And this Assembly having taken the said report into con- sideration, do vote and resolve, that the same be, and it is hereby accepted.


Governor Greene to the Duke of Bedford and to Richard Partridge.


Newport, Rhode Island, March 13, 1849.


Sir :- Conformably to an act of the General Assembly, I send you enclosed a letter to His Grace, the Duke of Bedford, with an account of the bills of public credit, issued by this colony, as was demanded by His Majesty.


You have also a copy of the same, for your own use. As you are intimately ac- quainted with the situation of affairs among us, I have no occasion to add any in- structions. The zeal wherewith you have always applied yourself to what the colony have committed to your charge, takes away even the color of a doubt what your behaviour will be on the present occasion.


I am, sir, your very humble servant,


W. GREENE.


To Richard Partridge, Esq., agent for Rhode Island, London.


Governor Greene to the Duke of Bedford.


Colony of Rhode Island, March 13th, 1749.


May it please Your Grace :- I had the honor of your letter of the 19th of July, signifying it was Ilis Majesty's pleasure, to have "an account of the tenor and amount of all the bills of credit which have been created and issued by this colony, and are now outstanding ; distinguishing the same, and the respective times, when such bills so outstanding, were issued, with the amount of 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 for calling in, sinking and discharg- ing such bills, and the funds appropriated for that purpose."


Your Grace's letter came to hand in the recess of the General Assembly ; but, at their next meeting, in October, I laid it before them.


As this colony hath always heretofore exemplified their loyalty by a cheerful obedience to His Majesty's commands, so on this occasion, they no sooner received the royal directions, than they determined to pursue them.


For that purpose, a committee was appointed, with orders to inquire into the premises, and make report at the next session, which they accordingly did a few days ago. The Assembly having carefully examined the doings of their committee


287


AND PROVIDENCE PLANTATIONS.


1750.]


found such an account as His Majesty commanded ; wherefore, they accepted the same, and desired me to transmit Your Grace a copy of it.


I send it, accordingly ; and in behalf of this colony, subscribe myself, may it please Your Grace,


Your Grace's most obedient and humble servant,


W. GREENE. To the Duke of Bedford, one of His Majesty's principal secretaries of state.


Whereas, this General Assembly, at their session in October last, appointed Mr. Elisha Brown, Joseph Nichols, Esq. and Mr. Samuel Chace, or the major part of them, a committee, to au- dit the accounts of the managers or directors of the Providence Lottery, in respect to the building Weybosset Bridge, and paying the benefit tickets ; and also to receive such benefit tickets as have been paid, &c., in consequence of which ap- pointment, the committee made the following report unto this Assembly :


Report of the Lottery Committee.


" We, the subscribers, being chosen a committee, by the Honorable General As- sembly, in October last, to examine the directors' accounts, concerning the Provi- dence Lottery, do find them thus :


" The several gentlemen directors, Dr. To cash obtained by them in the lottery granted by the Assembly. .£12,000


Contra. Cr.


By as many benefit tickets paid to the several adventurers, as amounts to the sum of £11,650


And for,which, we have given receipts to the several directors.


The balance yet due to the other adventurers, not paid by said directors, amounts to the sum of. 350


£12,000


Errors excepted. Per ELISHA BROWN, SAMUEL CHACE, JOSEPH NICHOLS, Committee.


Providence, February 16, 1849.


The several gentlemen directors, Dr. & d. s.


To cash lodged in their hands, by means of the lottery, for building Weybosset Bridge £3,000 000


288


RECORDS OF THE COLONY OF RHODE ISLAND [1750.


Contra. Cr.


By the whole of their accounts, for work done on said bridge, as now complete, examined, amounting to the sum of. 1,610 07 4


The balance yet in their hands, due to the bridge is 1,389 12 8


£3,000 000


Errors excepted. Per


ELISHA BROWN, SAMUEL CHACE, JOSEPH NICHOLS,


Committee.


Providence, February 26, 1749.


And now this Assembly, having taken said report into con- sideration, do vote and resolve, and it is voted and resolved, that the said report be, and it is hereby accepted.


And it is also further voted and resolved, that the said com- mittee be, and they are hereby directed and empowered to burn the benefit tickets by them received of the afore- said managers or directors of the Providence Lottery, in re- spect to the building Weybosset bridge; and that thereupon, they be discharged from the receipt they gave the said manag- ers or directors, for the said tickets.


Whereas, the General Assembly, at their session in South Kingstown, on the last Monday of February, 1747, chose and appointed George Wanton, Esq., Messrs. James Sheffield and Thomas Cranston, a committee, to inspect into the double mortgages in the grand committee's office ; and also, to inspect into the bonds in said office.


In consequence of which appointment, the said George Wan- ton, James Sheffield and Thomas Cranston, having undertaken the business, made the following report of their progress therein :


[Here follows a memorandum of mortgages and bonds.]


Whereas, this Assembly, at their session in October last, appointed a committee, to prepare a bill for introducing into this colony, such of the statutes of England, as are agreeable to the constitution, and make report of their doings. the great- est part of whom, presented what followeth :


289


AND PROVIDENCE PLANTATIONS.


1750.]


" We, the subscribers, being appointed to report what statutes of Great Britain are, and ought to be in force in this colony, do report as followeth : that the fol- lowing statutes, viz. :


The statute of Merton, concerning dower.


The statute of Westminster the first, as far as it concerns bail.


The statute of Glocester.


The statute of Westminster the second, de donis conditionalibus.


The statutes of the 1st Henry V., of additions.


The statues of partition, in general.


The statutes of the 32 Henry VIII., concerning leases, saving and excepting the last paragraph of the said statute.


The statutes of 21 James I., chapter 16th, for limiting real actions ; and that of 32 IIenry VIII., chapter 2d.


The statutes of James and Elizabeth, and all statutes that concern bastardy, as applicable to the constitution of this colony.


All statutes that are against criminal offenders, so far as they are descriptive ot the crime; and where the law of this colony hath not described and enjoined the punishment, then that part of the statute that relates to the punishment, also ; al- ways saving and exceping such statutes, as from the nature of the offences men- tioned in them, are confined to Great Britain, only.


The statute of Henry III., commonly called the statute of uses.


The statute of 29 Charles II., commonly called the statute of frauds and perjuries.


The statutes of 22 and 23 Charles II., chapter 10th, for distributing the cstates of intestates.


The statute of 3 and 4 William and Mary, chapter 14th.


The statute of 4 and 5 Anne, chapter 16th, relating to joint tenants, and tenants in common.


That part of the statute of -- Anne, that subjects lessees that hold over their term against the will of the lessor, to the payment of double rent, during the time they hold over.


All statutes relating to the poor, and relating to masters and their apprentices ; so far as they are applicable in this colony, and where we have no law of the colony.


All which statutes, we are humbly of opinion have heretofore been, and still ought to be in force in this colony. D. UPDIKE,


J. HONEYMAN, JR.,


J. ALPIN."


And this Assembly, having taken the said report into con- sideration, do vote and resolve, that all and every of the stat- utes, aforesaid, be, and they are hereby introduced into this colony, and shall be in full force therein, until the General As- sembly shall order otherwise.


His Honor, the Governor, is hereby requested to write to the government of the Massachusetts, and inform them that this Assembly have appointed a committee to meet and join the VOL. V. 37


290


RECORDS OF THE COLONY OF RHODE ISLAND [1750.


gentlemen appointed by the Province, for running the north- ern boundary line of the colony. Ilis Honor is also desired to request of the Province, that all taxes assessed, or that shall be assessed on persons inhabiting any lands to the southward of the line lately run by our commissioners, be not collected or levied, till the dividing line be run and mutually settled ; His Majesty having given such. directions, since the controversy arose between the two governments, respecting their boun- daries.


It is voted and resolved, that Messrs. Joseph Whipple, Jr., Thomas Cranston and. John Tillinghast, or the major part of them, be, and they are hereby constituted a committee, to re- ceive of the gentlemen (who were formerly appointed to pay off the soldiers raised for the expedition intended against Can- ada,) their accounts with the colony, and to adjust the same, and receive the balance, and make report to this Assembly at their next session, of their conduct in the affair.


It is voted and resolved, that the grand committee and gen- eral treasurer, be, and they are hereby directed not to receive any bills of credit of the Province of New Hampshire, in dis- charge of any of the colony's mortgages and bonds.


Whereas, the General Assembly, at their session in Newport, the third Monday of August last, appointed Peter Bours, Si- mon Pease and George Wanton, Esqs., Messrs. Thomas Cran- ston and James Sheffield, or the major part of them, a commit- tee to inspect (among other things) into the circumstances of all the mortgages and bonds in the grand committee's office, and notify the inhabitants of the colony, by printed advertise- ments, that all persons who have not given in tenth bonds for the money they took up of the banks emitted in the years 1715, 1728 and 1731, if they did not forthwith pay the money already due, and give in bonds for the remainder, they might depend upon their mortgages being put in suit; the committee were also to insert in the advertisements, a list of all the per- sons who had neglected to give bond, as aforesaid. The adver- tisements were ordered to be put up at the places where the town meetings are held, in the several towns, that all persons




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