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 27
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
291
AND PROVIDENCE PLANTATIONS.
1750.]
who had any reasons to offer, why they did not give bond, as aforesaid, might justify themselves to the said committee, and their mortgages in the meantime should be laid aside, and not put in suit.
And whereas, those gentlemen have not perfected the busi- ness to which they were appointed ;-
It is therefore voted and resolved by this Assembly, that the said committee be, and they are hereby further continued for the ends and purposes aforesaid ; that they take notice of all the banks emitted by the colony, and insert in the advertise- ments, that in case the persons who have not given tenth bonds in any of the banks, do not pay what money is due, and give bonds for the remainder, within six months after the 3d day of March, 1749, their mortgages shall forthwith be put in suit ; and that the said committee send a copy of the whole list of the mortgages (on which no bonds are given,) to each of the town clerks in the colony ; and insert in the advertisements, only the names of the persons deficient, in each respective town, and send the same to the respective town clerks, to be by them set up in manner as aforesaid.
Whereas, sundry inhabitants of this colony, represented unto this Assembly, that the great bridge at Pawtuxet Falls, in the county of Providence, is very much decayed, the long string pieces and caps being so rotten, that it will not be safe to pass over it, in a little time ; and as the said bridge stands on the main country road, much used by the inhabitants, as well as other travellers, and the post, it is absolutely necessary that something should be done, concerning the same ; whereupon, they prayed a public lottery might be set up, in order to raise a sum of money sufficient to build a new bridge, with stone abutments at each end, and a stone cage in the middle of the river, which will be durable, and last a long while, with but little charge to maintain it afterwards ;--
And this Assembly, considering the absolute necessity of keeping up a good bridge at Pawtuxet Falls, do vote and re- solve, and it is voted and resolved, that the said petition be,
292
RECORDS OF THE COLONY OF RHODE ISLAND [1750.
and it is hereby granted ; and to that end, a public lottery shall be set up, according to the following scheme :
[Here follows the schedule of the lottery.]
An Act for the regulation of the money raised by lottery to build Weybosset bridge.
Whereas, there is now in the hands of the directors of said lottery, £1,389 12s. Sd., over and above what hath been ex- pended in building said bridge, which at present yields no ad- vantage to the colony, or to said bridge ; and as said sum is part of the £3,000 originally appropriated for the use of said bridge ;-
Be it enacted by the General Assembly, and it is hereby en- acted, that the said directors pay into the hands of Mr. Joseph Sheldon, who is hereby appointed to receive the said sum, and give the said directors receipts for it; and that he put it out to interest, at six per cent. per annum, and keep the same, and the interest thereof, so at interest, for the future.
And it is further enacted, that the said Joseph Sheldon de- liver out of said money to Mr. Daniel Smith, who is hereby appointed to have the care and oversight of said Weybosset bridge, and repair and amend the same, as occasion shall re- quire, such sums of money as may be necessary for that pur- pose, and take the said Smith's receipts for the same.
Whereas, this General Assembly, at their session in War- wiek, on the third Monday of August, in the year of our Lord 1735, did. upon the petition of the inhabitants of the town of Westerly, pass an act for turning the course of Paweatuck river into a large pond, in said Westerly, thereby to keep open the breach, and form a harbor, &c., three quarters of the charg- es thereof to be paid out of the general treasury, on condition the said town of Westerly, or any person in their behalf, would first procure and give sufficient bond to pay and discharge the other fourth part of the charge; and also to make and main- tain such and so many bridges as there should ever be occa-
293
AND PROVIDENCE PLANTATIONS.
1750.]
sion to make across said river, between the place where it should be taken from its usual channel, and the place where it would fall into said pond; for the performing whereof, Messrs. Joseph Stanton, Oliver Babcock, Samuel Perry and Samuel Clarke, were appointed a committee, &c .; and as the town of Westerly, or any other person in their behalf, have not from that time till this present session, given bond for the said town's performing the conditions aforesaid,-
This Assembly do vote and resolve, and it is hereby voted and resolved, that the committee aforesaid, do nothing in the affair before the next session of this Assembly ; and the gen- eral treasurer is hereby directed and ordered to pay no money out of the general treasury for the purposes aforesaid, before that time.
Whereas, the Honorable Spencer Phips, Esq., Lieutenant Governor of the Massachusetts, wrote a letter to our Gov- ernor, requesting payment for transporting prisoners belonging to this colony, from Canada ; -
: From Lieut. Gov. Phips, of Massachusetts, to Gov. Greene, of Rhode Island.
Boston, November 9th, 1749.
Sir :- I am informed that His Exeelleney, Governor Shirley, had settled an agreement with the Governor of Canada, (so far as related to this government,) that the charge of transporting English prisoners should be defrayed by the Eng- lish governments, and the charge of transporting the French prisoners by their government ; and that upon His Excellency's informing the governors of the neigh- boring colonies, the most of them had signified their approbation of this method.
I am likewise informed, that in the year 1746, there were brought into this Prov- ince, in a flag of truce, sent by the Governor of Canada, called the La Vierge de Grace, a great number of English captives, some of them being Europeans, but the most of them belonging to the English provinces and colonies in America ; and that about the same time, Ilis Excellency had sent a flag of truce to Canada, with French prisoners, at the expense of this government ; and that His Excelleny sent circular letters to the governors of the English colonies, aforementioned, with lists of the several prisoners belonging to their respective governments, wherein he in- formed them, that as soon as the aecounts of the charges of the flags of truce and the proportions of the several English governments thereto were adjusted, he would send them to the said governors, that so they might reimburse the Governor of
294
RECORDS OF THE COLONY OF RHODE ISLAND [1750.
On consideration whereof, this Assembly do vote and re- solve, and it is hereby voted and resolved, that Mr. Thos. Cran- ston inquire into the proper offices, whether any thing hath been already paid on the above account ; and if it shall appear that
Canada, what charges he had been at for transporting the English prisoners be- longing to their government.
Soon after this, the court house, in Boston, was burnt, and therein all the papers relating to the fitting out the French flag of truce, which made it necessary that those accounts should be had from Canada in order to state the particular part each of the English governments ought to bear to the charge of transporting their prison- ers; and I find the said accounts were sent here a little before Governor Shirley's departure, and an account has been stated between the said Governor Shirley and the Governor of Canada, and sent to Quebec by a person gone there for the re- demption of captives ; and the Governor of Canada has been assured that all possi- ble care should be taken for recovering from each government their proportion of the charge.
I shall now send Your Honor a copy of the account, by which you will perceive the number of persons belonging to your government, is six, and the proportion of the charge £174 8s. 5d., which I must pray Your Honor would cause to be paid into my hands as soon as may be, and the same shall be remitted to the Gov- ernor of Canada ; and I doubt not your more ready compliance, when you consid- er, as appears by the account, that this Province will be obliged to pay in propor- tion beyond any other government ; as the greatest part of the Europeans and other uncertain persous, both in this vessel and another sent to Louisbourg, will fall upon them.
I am, sir, Your IIonor's most obedient and most humble servant,
To the Hon. William Greene, Esq.
S. PHIPS.
Governor Greene to Governor Phips.
Warwick, December 1st, 1749.
Sir :- Yours, of the 9th of November last, I lately received, by which you inform me that His Excellency; Governor Shirley, had settled an agreement with the Gov- ernor of Canada, (so far as related to the Province of the Massachusetts, ) that the charge of transporting English prisoners, should be defrayed by the English gov- ernments ; and the charge of transporting French prisoners, by their government ; and that upon His Excellency's writing circular letters to the governors of the neighboring colonies, the most of them had signified their approbation of that method.
I also find enclosed, an account of six English prisoners, belonging to the colony of Rhode Island, who arrived at Boston, from Quebee, in the ship La Vierge de Grace ; and that this government's proportionable part of the expense for keeping att transporting prisoners from Canada to Boston, in said ship, was £ 174 88. 5d ..
295
AND PROVIDENCE PLANTATIONS.
1750.]
the colony have not made satisfaction in the affair, then Mr. Cranston is hereby empowered to draw so much money out of the general treasury, as will be sufficient to pay for the trans- portation of five prisoners only ; Jacob Judah, the other, not belonging to this colony; and when Mr. Cranston shall have received said money, he is to deliver it to His Honor, the Governor, who is hereby requested to transmit the same to the aforesaid Spencer Phips, Esq.
Whereas, the town of North Kingstown, at a meeting had on the 26th day of August, 1746, appointed Messrs. Francis Willett, Rouse Helme, Jr., and James Wightman, a committee, to consider some proposals made by Benjamin Congdon, of said North Kingstown, for exchanging a highway on the great plain, &c., and the gentlemen having assumed that province, made report to the town meeting, held in North Kingstown, the 29th day of August, 1749, to wit:
" That having viewed the highway that leads from Mr. Jere- miah Gardner's, and so across the hills to the highway, leading to Robert Eldred's, they found the highway across the hills (as it was shown them by Mr. Congdon), to be in some places so very steep, that it was not passable, especially with carts ; and were of opinion, that the best method of exchanging said way, would be, from the highway that leads to Mr. Job Tripp's, and to go by Mr. Congdon's house, on the plain, to the highway that leads to Mr. Robert Eldred's, according to a draught made by Mr. Benoni Hall, surveyor, which Mr. Congdon would sub-
which Your Excellency requests I will cause to be paid into your hands as soon as may be : and say that the same shall be remitted to the Governor of Canada.
Sir, as to this government's signifying their approbation to any such agreement, made by Governor Shirley and the Governor of Canada, I am at present, unac- quainted with it ; and therefore can by no means give any encouragement for the payment thereof; nor is it in my power to raise the money (was it never so justly due), without the assistance of the General Assembly, which is adjourned to the last Tuesday in February next; at which time, I will communicate the whole affair to the General Assembly ; and as soon as may be, afterward, shall inform Your Ex- cellency of their resolve thereon.
I am, sir, your most obedient and very humble servant,
To His Excellency, S. Phips, Esq.
W. GREENE.
296
RECORDS OF THE COLONY OF RHODE ISLAND [1750.
mit to, provided he might have the liberty of hanging gates, and making bars at his corner house, and at the plain where the highway turns to the southward."
Which report was accepted by the said town, at their last mentioned meeting ; and afterwards, at another meeting of the said town, on the 5th day of December last, it was voted, that the report of the aforesaid Francis Willett, Rouse Helme and James Wightman, should be laid before the General Assembly, for a further sanction, and a more sure establishment ; which was accordingly done this session, by the deputies of the said town of North Kingstown.
And now this Assembly, having taken the premises into con- sideration, do vote and resolve, and it is voted and resolved, that the exchange of the highway, as laid down in the report of the aforesaid committee, be, and the same is hereby confirmed.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 1st day of May, 1750.
The Hon. William Greene, Governor. The IIon. William Ellery, Deputy Governor.
ASSISTANTS.
Mr. Peter Bours, Mr. Stephen Brownell,
Mr. Simon Pease,
Mr. William Richmond,
Mr. William Burton, Mr. Daniel Coggeshall,
The IIon. Thomas Cranston, speaker, and Mr. Josias Lyndon, clerk.
1750.]
AND PROVIDENCE PLANTATIONS.
297
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the first Wednes- day of May, 1750.
The Hon. William Greene, Governor. The Hon. William Ellery, Deputy Governor. With the assistants and deputies from the several towns.
DEPUTIES.
Newport. Mr. Nathaniel Coggeshall, Mr. Joseph Whipple, Jr., Mr. Thomas Cranston, Mr. John Tillinghast, Mr. Nicholas Easton, Capt. Job Bennett. Providence. Mr. Elisha Brown, Capt. Christopher Harris, Mr. John Andrew. Portsmouth.
Mr. William Anthony, Jr., Mr. John Allen, Mr. Thomas Brownell, Mr. Benjamin Hickes. Warwick. Mr. Philip Greene, Mr. Joseph Lippitt, Mr. William Holden, Mr. John Watson. Westerly. Col. Joseph Pendleton, Capt. Caleb Church. VOL. V. 38
North Kingstown. Col. Immanuel Northup, Mr. Beriah Brown. South Kingstown. Mr. Henry Gardner, Mr. Rowland Robinson. East Greenwich. Mr. Joseph Nichols, Capt. Thomas Spencer. Jamestown. Mr. Edward Carr, Mr. Joseph Clarke. Smithfield. Mr. Thomas Lapham, Mr. Thomas Arnold. Scituate. Capt. Job Randall, Mr. Gideon Hammond. Glocester. Maj. Richard Smith, Mr. Benjamin Smith. Charlestown. Mr. James Congdon, Capt. Nathaniel Lewis.
298
RECORDS OF THE COLONY OF RHODE ISLAND [1750.
DEPUTIES.
West Greenwich. Mr. Samuel Hopkins, Mr. William Comstock. Coventry.
Mr. Elisha Johnson,
Mr. Samuel Cooper. Exeter. Capt. William Tripp. Middletown.
Mr. Jonathan Easton,
Capt. William Turner. Bristol.
Mr. Jonathan Peck,
Major Thomas Greene.
Tiverton. Capt. John Manchester, Mr. Abraham Barker. Little Compton. Capt. John Hunt,
Mr. Joseph Peckham. Warren. Mr. Peter Bicknel, Capt. Benjamin Barton. Cumberland. Mr. Job Bartlett, Mr. John Dexter.
Richmond. Capt. James Adams ..
The Hon. Thomas Cranston, speaker, and Mr. Josias Lyn- don, clerk.
The following officers declared elected, were duly engaged.
The Hon. Gideon Wanton, Governor. The Hon. Robert Haszard, Deputy Governor.
ASSISTANTS.
Capt. George Wanton, Mr. Jonathan Nichols,
Mr. John Potter,
Mr. Jabez Bowen,
Mr. Benjamin Tucker,
Mr. Robert Lawton,
Mr. James Arnold,
Mr. William Richmond,
Mr. Daniel Coggeshall, Mr. Jeoffrey Watson.
SECRETARY. Mr. Thomas Ward.
ATTORNEY GENERAL. Mr. Daniel Updike.
GENERAL TREASURER. Mr. Thomas Richardson.
299
AND PROVIDENCE PLANTATIONS.
1750.]
An Act for appointing commissioners, &c., to run and settle the northern boundary line of this colony, according to charter.
Whereas, the northern boundary line of this colony hath never yet been settled according to the royal charter; and whereas, divers persons have made application to this Assem- bly, and have set forth their just right to be under the juris- diction of this government, as dwelling within the bounds thereof; and that the Province of the Massachusetts Bay, have, and do unjustly exercise jurisdiction over them; in or- der, therefore, to have the said line rightly run and settled, and to prevent any further disputes thereupon, between the said Province and this colony ;--
Be it enacted by the General Assembly, and by the authori- ty thereof, it is enacted, that as soon as may be, the northern boundary line of this colony shall be run and settled according to the royal charter granted by King Charles, the Second, in the year of our Lord 1663.
Be it also enacted, that, to the end the same may be per- fected and completed, Jonathan Randall, Richard Steere and Thomas Lapham, Esqs., and Capt. Joseph Harrison and Mr. Matthew Robinson, are hereby appointed commissioners ; and they, or the major part of them, are fully authorized and em- powered to run and settle said line, according to the royal charter, aforesaid, as near as may be.
And that they, the said commissioners, be commissionated by His Honor, the Governor; and that the said commissioners, or the major part of them, are fully authorized and empowered to appoint times and places, when and where to meet any com- missioners that are, or shall be appointed on the part of said Province.
And the said Jonathan Randall, Richard Steere, Thomas Lapham, Joseph Harrison and Matthew Robinson, or the ma- jor part of them, are hereby fully authorized and empowered to appoint a surveyor or surveyors, and chainmen ; and in gener- al, to act and do all and every other matter and thing what- ever, for or concerning the aforesaid settlement of said line.
300
RECORDS OF THE COLONY OF RHODE ISLAND [1750.
And that in case no commissioners on the part of said Prov- ince, shall and do on the first Tuesday in October next, or at any other time as shall be agreed on, meet the said commis- sioners for this colony, and agree to run and settle said line, as aforesaid ; then and in that case, the said commissioners on the part of this colony, or the major part of them, shall, and are hereby required to proceed to the running and settling said line ex parte.
Be it also enacted, that the secretary of this colony send a copy of this act to the secretary of the Province of the Massa- chusetts Bay, withal desiring that the said Province would sus- pend all assessments upon the people and inhabitants included within this colony, by the line already run by Jonathan Ran- dall, Thomas Lapham, and Richard Steere, Esqs., as by their return made in January, 1749, as was directed from home to the said Province, relating to the eastern boundary of this colony.
Be it also enacted, that a plat of the land contained within said line, so to be run, as aforesaid, be drawn up; and that the said commissioners on the part of this colony, or the major part of them, do make report to the General Assembly, of their do- ings in the premises, and present said plat at the same time ; any laws, orders, customs, agreement or agreements, to the con- trary hercof in any wise, notwithstanding.
It is voted and resolved, that His Honor, the Governor, be, and he is hereby desired to write as soon as may be, unto the government of Connecticut, and request their assistance in set- tling the northern boundary line of this colony ; and send with his letter a copy of the act passed by this Assembly, at this present session, for appointing commissioners to run and settle said boundary line.
Whereas, William Richmond and Nathaniel Searl, Esqs., and Mr. Samuel Tompkins, were, pursuant to a petition pre- ferred by John Wilbore, and granted at a session of the Gen- eral Assembly, held at Newport, by adjournment, on the third Monday of August, A. D. 1749, appointed a committee to view a highway laid out in Tiverton, and report thereon, having
301
AND PROVIDENCE PLANTATIONS.
1750.]
said trust, on a copy of said petition reported as follows, to wit :
" We, the subscribers, pursuant to the above and before- written, have viewed the premises contained therein, and re- port that the said highway mentioned in the prayer of this petition, be re-laid.
NATHANIEL SEARL, SAMUEL TOMPKINS, WILLIAM RICHMOND."
On consideration whereof, this Assembly do vote and resolve, and it is hereby voted and resolved, that the above report be, and the same is hereby accepted ; and that the said John Wil- bore have the liberty of applying to the town council of Tiv- erton ; and that he enjoy all the privileges and advantages re- specting the abovementioned highway, as by law he would have been entitled to, if he had made application to the next town council after said highway was laid out.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the second Mon- day in June, 1750.
The Hon. William Greene, Governor. The Hon. Robert Haszard, Deputy Governor. With the assistants and deputies from the several towns.
An Act incorporating the towns of East Greenwich, Warwick, West Greenwich and Coventry, in this colony, now in the county of Providence, into a county, by the name of the county of Kent.
Whereas, the number of inhabitants in the said county of Providence, is much increased, and the bounds thereof, are so
302
RECORDS OF THE COLONY OF RHODE ISLAND [1750.
extensive, that the inhabitants in the distant parts thereof, arc put to great charge and trouble in prosecuting their affairs at the town of Providence, where the said courts in said county are established to do the business thereof ;-
Be it therefore enacted by the General Assembly of this colony, and by the authority thereof, it is enacted, that for the future the towns of East Greenwich, Warwick, West Greenwich and Coventry, at present in the county of Provi- dence, shall be divided off from said county of Providence, and shall be a distinct and separate county, by the name of the coun- ty of Kent; and that East Greenwich shall be the county town.
Be it also enacted, that within the said county, there shall be lield and kept at the said town of East Greenwich, in and for said county, one session of the superior court of judicature, court of assize and general jail delivery, on the third Tuesday of October, once in every year.
Be it also enacted, that for the future, there shall be held and kept in said county of Kent, one inferior court of common pleas, and one court of the general sessions of the peace ; which said court of common pleas, and court of general ses- sions of the peace, shall have two sessions at the said town of East Greenwich, in and for said county of Kent, yearly, and every year ; one on the second Tuesday of July, and the other on the second Tuesday of January.
And that there shall be five judges or justices of said court of common pleas, and court of general sessions of the peace, chosen every year, to wit : one chief judge, and four other judges, by the General Assembly of this colony, in the same manner and at the same time, that the other judges of the in- ferior court of common pleas are chosen in and for the other counties in this colony ; and that the said judges of said infe- rior court of common pleas, and court of general sessions of the peace, shall be commissioned by His Honor, the Governor of this colony, in like manner as the judges of said courts in the other counties in this colony are commissioned.
And that the justices of the peace in said county. shall. and are hereby authorized and empowered to attend upon and
303
AND PROVIDENCE PLANTATIONS.
1750.]
compose the said court of general sessions of the peace, in said county of Kent, in like manner as the justices of the peace in the other counties in this colony do.
And that the said court of common pleas, and court of gen- eral sessions of the peace, in said county of Kent, are hereby invested and clothed with the like powers and authorities in all respects, as the said courts are in other counties in this colo- ny, by the acts of this colony heretofore made, without an ex- ception or limitation.
Be it also enacted, that there shall be one clerk of said court of common pleas, and court of general sessions of the peace ; and one sheriff of said county, who shall be chosen as the clerks and sheriffs of the other counties in this colony are ; who are hereby empowered to act and do in all respects, in said county of Kent, as the clerks and sheriffs of the other counties in this colony do.
Be it also enacted, that there shall be one seal, with the de- vice of a dove on it, for said courts of common pleas, and gen- eral sessions of the peace, in and for said county of Kent, to be used upon all proper occasions, as is by law required, or made proper or necessary ; and that the clerks of said courts for the time being, shall have the custody thereof.
Be it also enacted, that the said courts, as to the number of members to make a quorum, in their respective sessions, and in relation to all other matters within the power and jurisdic- tion of said courts, shall be subject to all the laws of this colony, now in force, and the laws of England, in every re- spect, as fully and effectually, to all intents and purposes, as the other inferior courts of common pleas, and courts of gen- eral sessions of the peace, are in the other counties in this colony ; any law, custom, or usage, to the contrary hercof, in any wise, notwithstanding.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.