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 28
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Provided, that a court house of the dimensions, or near the di- mensions of the court house in Providence, be built in the town of E. Greenwich, by a free contribution of the inhabitants of the said county of Kent; and that if the same be not so far finished as to be fit to hold courts in, by the last day of October next, then the
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present act is to determine, be null, void and of none effect; but if said house be so far finished, as abovesaid, that the judges and other officers of said court be chosen at the next October session of this Assembly, to hold a court in January next.
Whereas, Col. Joseph Pendleton, of Westerly, by petition, represented unto this Assembly, that sometime in the month of August last, he had a brigantine, laden with rum, molasses, &c., which was a new vessel, and sailed from Anquilla, bound home, the property whereof was entirely his own, and of the value of £18,000 or £20,000 ; that that the said brigantine and cargo were not insured, and have not been heard of since ; and so are supposed to be lost; by which heavy stroke of Providence, he is rendered unable to pay his just debts at present, without selling some part of his real estate ; and whereas, the petitioner owns a farm in said Westerly, adjoin- ing to Pawcatuck river, near the mouth thereof ; part whereof, it is thought might not only be convenient, but also tend to a public advantage, if settled with a town; it being bounded westerly, on the navigable part of said river, where there are plenty of oysters and other fish to be taken at all times in the year ; and plenty of stone and brick, with good timber, suita- ble for building vessels and houses, near to be had, very plenty ; with saw mills on said river, for the sawing plank, &c., with many other valuable conveniences ; whereupon, he prayed this Assembly to grant him a lottery, of about £26,- 000 ; in which lottery, he, the petitioner, will put to sale one hundred and twenty-four lots of land (with two dwelling- honses thereon) ; part of the aforesaid farm, adjoining to the aforesaid river, none less than a quarter of an acre, and some half acres, at a certain value put on them by two judicious and disinterested men, namely : Capt. Isaac Sheffield and Capt. Elias Thompson ; the sale of which lots, will enable the peti- tioner to pay his just debts, &c.
[The General Assembly accordingly passed a resolution, au- thorizing Mr. Pendleton to dispose of his ostate by lottery, the scheme for which, appears at length on the records.]
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It is voted and resolved, that the choice of the several com- mittees, in the several towns, for the management of the colony's money, let or to be let on loan, be, and the same is hereby referred unto the next session of this Assembly ; and that the present officers be continued until that time, with full power of doing, acting and transacting all business appertaining to their offices, in the meanwhile.
God save the King.
Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Newport, the 3d Mon- day of August, 1750.
The Hon. William Greene, Governor. The Hon. Robert Haszard, Deputy Governor. With the assistants and deputies from the several towns.
This Assembly having considered the subject matter of the petition of divers persons, inhabitants on the land claimed by this colony, from the Province of the Massachusetts Bay, and their circumstances,-
Do order, that the secretary of this colony write a letter to the secretary of the said Province, to be laid before their Gen- eral Court, representing that this Assembly has had certain in- formation that a censiderable number of those persons inhabit- ing on the said disputed lands, are apprehended and prosecut- ed at the Worcester court of sessions, as rioters, occasioned by some indiscreet proceedings of some officers in the colony ; which, as they were done in the recess of this Assembly, so they were begun and carried on without the knowledge and privity of this Court ; and that all these things have happened since the last letters to said Province; they therefore desire, that as the General Court of said Province, has always, in all their letters to this colony since this dispute has subsisted, shown a VOL. V. 39
1
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RECORDS OF THE COLONY OF RHODE ISLAND [1750.
disposition to have the said northern boundary line between us, run and settled in the most amicable way possible ; so, on our part, that it is our hearty desire that every thing should be done to cultivate that good harmony and friendship that ought to subsist among neighbors ; and that those poor people who are settled on the said disputed land, may not be made a sacrifice to the resentments of that Province, for being misled by any inconsiderate officers of this colony, since this Assem- bly have reason to believe that the persons so prosecuted, had no riotous intent to disturb the peace of the government ;-
Therefore, this Assembly desires that the General Court of said Province would give orders to the judges of said court at Worcester, to suspend any further prosecution against said men, till the said matter of the said line shall be issued ; or that the secretary write something to the like purpose ; and to desire them also to suspend the levying the taxes from said people.
Also, His Honor the Governor, is desired to write, by the first ship, to the agent for this colony, in London, directing him to represent to His Majesty, the circumstances of said people, and the rigorous demands that are made on them for taxes, &c., in order to obtain from His Majesty in council, an order to said Province to suspend the levying any more taxes, or using any violent means with said people, till the said north- ern line shall be finally settled and established.
It is voted and resolved, that the colony's ferries on the west side of Jamestown, be sold to the best advantage of the gov- ernment ; and that Daniel Coggeshall, Thomas Cranston and Immanuel Northup, Esqs., be, and they, or the major part of them, are hereby constituted a committee, with full power to sell and dispose of said ferries by public vendue, or otherwise, as they shall think proper; advertising the same fourteen days before the sale ; and when they have sold them, the said com- mittee, in behalf of the colony, make, seal and execute a good and sufficient deed or deeds of said ferries to the buyer or buy- ers thereof; and that the money arising thereby, be lodged in the general treasury ; and that out of the same, the general
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treasurer pay off all such money as was by him hired for build- ing the light house.
An Act to prevent the falling through of the near approaching superior court of judicature, &c., in the county of Newport.
Whereas, the town meetings of the several towns in this colony, for choosing deputies to sit in the General Assembly, on the last Wednesday of October next, are held on the same day which the superior court of judicature, court of assize and general jail delivery, are to be held at Newport, within and for the county of Newport, whereby the judges of said court will be deprived of the benefit of attending said town meetings, un- less they suffer said court to be discontinucd :
For remedy whereof, be it enacted by the General Assembly of this colony, and by the authority thereof it is enacted, that if it should happen that none of the judges of said court shall appear at Newport, on the day appointed by law for holding said court, that then, and in such case, said court shall not be discontinued : provided, any one or more of the judges appear the next day, and proceed to do business, or adjourn said court according to the law now in force; and that all business done in said court, if so held, shall be as valid and effectual, as if the same had been held or adjourned on the day appointed by law.
And it is also voted and enacted by the authority aforesaid, that the sheriff of the county of Newport, shall notify all per- sons concerned, by setting up a copy of this act at the court house door, on the usual day of holding said court.
Whereas, Moses Lopez, of Newport, in the county of New- port, merchant, represented unto this Assembly, that he hath for several years past, translated letters and papers from the Spanish into English, for the use of the government, which he has declined being paid for, inasmuch as it was for said use; that he is ready and willing at all times to do the like, and desires no other gratuity than to be exempted from all other personal duties in the colony, during his residence therein ; and prayed that an act might be passed accordingly.
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On consideration whereof, this Assembly do vote and enact, and it is voted and enacted, that the said Moses Lopez be, and he is hereby exempted from all personal duties in this colony, excepting the above mentioned, until the General Assembly shall order otherwise.
Whereas, Col. Joseph Pendleton and Mr. Gideon Hammond, both members of the lower house, have informed this Assem- bly, that the said house has been grossly abused by Samuel Pemberton, and another person ;-
It is therefore voted and resolved, that the said persons be brought before this Assembly (by a warrant from the secre- tary), to answer for their behaviour, and suffer what shall be enjoined by this Assembly.
Whereas, complaint hath been made unto the lower house, that Samuel Pemberton hath grossly abused this Assembly, by saying, " That the General Assembly are a parcel of damned rascals and scoundrels, and as bad as thieves and robbers, and had taken £5,000 out of his pocket," and the said Samuel Pemberton being brought before this Assembly, acknowledged that he had so said; but that he intended only those that voted for making the money ;-
It is therefore voted and resolved, that the said Samuel Pemberton be committed to His Majesty's jail, in Newport, until he give a bond with sufficient surety, in the sum of £5,000, for his appearance before the Assembly, at their next session to be held the last Monday in September next.
God save the King.
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Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Providence, the last Wednesday in October, 1750.
The Hon. William Greene, Governor. The Hon. Robert Haszard, Deputy Governor.
With the assistants and deputies from the several towns.
It is voted and resolved, that the secretary be, and he is hereby directed to write to the secretary of the Province of the Massachusetts Bay, informing him that the committee appoint- ed by this government to run the northern boundary line of this colony, will meet for that purpose, at the house of Benja- min Tower, in Cumberland, on the 18th day of December next; and request of the Province to appoint a committee meet ours at the time and place above mentioned.
Whereas, the committee appointed by the General Assembly, at their session in Newport, the third Monday of August last, to sell the colony's ferries on the west side of Jamestown, have performed that service, and made the following report, to wit :
Report of the committee on the sale of the colony's ferries.
" We, the subscribers, being appointed a committee by the General Assembly, to sell the government's ferries on the west side of Jamestown, do report :
That agreeably to act of Assembly, we set up advertisements fourteen days before sale, and at the time appointed, which was the 19th of this instant, we set up conditions of sale at the south ferry house, when Mr. Abel Franklin and Mr. Stephen Wilcox bought said ferries, according to conditions of sale ; and said Franklin paid £100 cash, in part of the purchase money ; for which we gave them our receipts in behalf of the government, and then appointed the 25th of this instant, to be
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RECORDS OF THE COLONY OF RHODE ISLAND [1750.
the time to complete said contract ; and upon the 25th of this instant October, we met at the aforesaid ferry ; all parties being present, we ordered the surveyor to run out said land ac- cording to conditions of sale, which was then done ; and two- thirds of said land laid out to the south ferry, and the other third to the north ferry ; and then filled up the deeds of sale, and offered them to the parties ; when Mr. Stephen Wilcox com- plied with conditions of sale, and signed the bonds, and received his deed of sale, executed by us in behalf of the government ; but Mr. Abel Franklin refused to comply with conditions of sale, according to agreement. All which is humbly submitted, by
DANIEL COGGESHALL, THOMAS CRANSTON, IMMANUEL NORTHUP,
Committee."
And this Assembly having taken the 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.
The committee appointed by an act of Assembly, to buy the two ferries, &c., on the west side of Jamestown, for the colony, exhibited their accounts, which was received.
An Act in addition to an act of the General Assembly, made and passed on the 17th day of February, A. D. 1746, enti- tled " An act for regulating appeals to Ilis Majesty in coun- cil, in Great Britain," and for repealing the former act made for that purpose.
Be it enacted by the General Assembly of this colony, and by the authority of the same it is hereby enacted, that from and after the publication of this act, no defendant in any suit of law in this colony, the foundation whereof, being a bond conditioned for the payment of money only, shall have leave to appeal from the judgment of such court, where such action shall be tried, to His Majesty in council; but that the last judgment of the superior court of judicature, in this colony,
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as trials now stand, regulated by the laws of this colony, shall in all such cases be final.
And furthermore, that in all appeals to His Majesty in council, from this colony, if the appellant doth not obtain a re- versal of the judgment appealed from, or fails in prosecuting such appeal, the appellee, in such cause, may, by action of the case, recover all just and reasonable costs and damages ; any law, custom, or usage to the contrary hereof, in any wise, not- withstanding.
It is voted and resolved, that the attorney general, Daniel Jenckes, Esq. and Capt. Elisha Brown, be, and they are here- by constituted a committee, to make the draught of a letter to be sent to our agent in Great Britain, instructing him with re- spect to a bill now pending in Parliament, about paper bills of credit, &c., to defend us against a complaint lately sent home against the government, by sundry merchants and others, in this colony ; and to desire the agent to procure and send to this government, a copy of the said complaint, with the sign- ers' names ; but that the said draught, when made, be not sent until it be laid before this Assembly.
It is also voted and resolved, that Daniel Jenckes and Na- thaniel Lewis, Esqs., be, and they are hereby constituted a committee, to inquire into the number of iron works, &c., in this colony, as directed from home, and make report to His Honor, the Governor, in order that he may give proper answers to the letters he has received on that head, as soon as may be. God save the King.
Petition to the King, relative to bills of credit.
Newport, on Rhode Island, 4th September, 1750.
To the King's Most Excellent Majesty :- We, Your Majesty's very dutiful and most loyal subjects, inhabitants of your colony of Rhode Island and Providence Plantations, in New England, humbly crave leave to represent to Your Maj- esty,-
That the currency, or instrument of commerce of a country, being the standard and measure by which the worth of all things bought and sold, are estimated and determined, it ought to be fixed invariably, otherwise property can neither be as- certained nor secured by any plan or method whatsoever.
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RECORDS OF THE COLONY OF RHODE ISLAND
[1750.
That the currency of this government is so far from being fixed, that it hath sunk in its value above one-half, within seven years last past, whereby all the ered- itors of the colony, have been greatly defrauded ; and all whose effeets or estates have consisted of money, or bills of public credit, so called, amongst whom are numbers of widows and orphans, have been grievously injured, oppressed and al- most ruined.
That this colony hath now outstanding the sum of £525,335, in bills of publie credit, emitted at several times, partly upon loan, and partly to supply the colony treasury ; that the sum upon loan is £390,000, the value of which, at the time of is- suing, was £78,111 sterling ; and the present sterling value is but £ 35,445.
That the bills emitted to supply the treasury by acts of Assembly, ought to be sunk or drawn in by a tax ; but the government have hitherto delayed the execu- tion of these acts, no tax having been yet levied for that purpose.
That several petitions for a new bank, or another emission of paper bills of pub- lie credit, have been preferred to the present General Assembly of this colony, and that the house of deputies, notwithstanding all remonstrances to the contrary, have, at their session of August last, passed a vote for issuing £50,000 in bills of a new tenor ; and have appointed a committee of four of their members, to prepare and bring forward a.bill for such effect, and then adjourned until the last Monday of this instant September.
That the landholders of this colony, having generally mortgaged their farms, or plantations, as a security for the bills of credit they have taken upon loan, have found it their interest to multiply such bills, that they may depreciate and lessen in value, and which they have recourse to, as a legal expedient of wiping away their debts without labor ; whereby, the laudable spirit of industry is greatly extinguish- ed, and Your Majesty's trading subjects greatly discouraged for want of produce and remittances.
Sensible of the misfortune and hardships we labor under, we do therefore most humbly pray Your Majesty that the legislature or authority of this government, may be prevented and effectually restrained from making or emitting any more bills of public eredit upon loan, without Your Majesty's royal permission, and be com- manded to stop and recall this intended emission of August last, from circulating or being offered or taken in payment of debt, or from passing any aets whereby any extant bills of public credit may be either debased in value or postponed in their period of being drawn in ; and that Your Majesty will be graciously pleased to in- terpose in this matter, in such manner as in your royal wisdom shall seem meet to relieve us from the injury and oppression of a flood of fluctuating sinking paper bilis of public eredit. And your petitioners shall ever pray, &e.
John Freebody,
Andrew Hunter, John Thurston,
Samuel Pemberton,
. Samuel Freebody,
David Moore,
John Freebody, Jr.,
Daniel Ayrault,
William Rogers,
Daniel Ayrault,
Samuel Rhodes,
Henry Collins,
Stephen Ayrault,
Joseph Harrison,
James Gould,
Walter Cranston,
Peter Harrison,
John Fryers,
Francis Honeyman,
John Beard,
John Belittia, Jacob Dehane,
Philip Wilkinson,
Edward Cole,
Samuel Dyno,
Abraham Redwood,
William Stevens,
Samuel Engs,
Samuel Vernon,
Thomas Rodman, Jr.,
Benjamin Willson,
Walter Rodman,
John Tweedy,
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Gideon Sisson,
Robert Jenkins, Jr.,
John Cole,
Jeremiah Finney,
John Cook,
John Paine,
Henry Bull,
Jonas L. Redwood,
George Gibbs,
Joshua Amy,
William Coddington,
Jonathan Tillinghast,
John Thurston,
Jeremiah Brown,
Benoni Gardner,
John Dennis, Jahleel Brenton,
Jonathan Thurston,
Ebenezer Richardson,
John Brown,
Joseph Sanford, Solo. Townsend,
Ebenezer Flagg,
Simon Pease,
Pardon Tillinghast,
Resolved Waterman, John Stevens,
William Richards,
John Whitehorn,
Pat. Grant,
Thomas Freebody,
Joseph Willson, Jr., Benjamin Smith,
Andrew Heatly,
Joseph Bruce,
Daniel Coggeshall,
Lodowiek Widicke,
Samuel Holmes,
Jonas Sisson.
Proceedings of the General Assembly held for the Colony of Rhode Island and Providence Plantations, at Providence, on the first Monday of December, 1750.
The Hon. William Greene, Governor. The Hon. Robert Haszard, Deputy Governor. With the assistants and deputies from the several towns.
Before this Assembly was read an act of Parliament, entitled " An act to encourage the importation of pig and bar iron from His Majesty's colonies in America ; and to prevent the erecting of any mill, or other engine, for slitting or rolling of iron, or any plating forge to work with a tilt hammer, or any furnace for making steel, in any of the said colonies ;" and also the letter and instructions from the lords commissioners for trade and plantations .**
The Duke of Bedford to the Governor of Rhode Island.
Whitehall, 14th April, 1750.
Sir :- The King having given his royal assent, the last session of Parliament, to an act, entitled " An act to encourage the importation of pig and bar iron from His Majesty's colonies in America, and to prevent the erection of any mill or other en- gine for slitting or rolling of iron or any plating forge, to work with a tilt hammer, VOL. V. 40
1750.]
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[1750.
And the same being taken into consideration, this Assembly is well assured, that there is not in this colony, any such mill or engine for slitting or rolling of iron, or any plating forge to
or any furnace for making steel, in any of the said colonies ;" which aet is to take place the 24th June next ; and His Majesty's governors in North America, having particular instructions given them therein, I have the King's commands to transmit it to you, to the end that you may have the same duly published and observed throughout your government.
I am, sir, your most obedient humble servant, BEDFORD.
To the Governor of Rhode Island.
Thomas Hill to the Governor and Company of Rhode Island.
Whitehall, May the 29th, 1750.
Gentlemen :- Three acts having been passed in the last session of Parliament, wherein the British plantations are concerned, viz. :
An act for extending and improving the trade to Africa ;
An act for encouraging the growth and culture of raw silk in His Majesty's colo- nies or plantations in America ;
An act to encourage the importation of pig and bar iron from His Majesty's colo- nies, in America ; and to prevent the erection of any mill or other engine for slit- ting or ro ling of iron ; or any plating forge, to work with a tilt hammer ; or any furnace, for making steel in any of the said colonies ;
I am directed by my lords commissioners for trade and plantations, to send you the enclosed printed copies of them, for your information and government in the several matters therein contained.
I am, gentlemen,
Your most obedient servant, THOMAS HILL.
To the Governor and Company of Rhode Island.
P. S. As to the last mentioned art, to encourage the importation of pig and bar iron. I am further directed to recommend to you a punetual compliance therewith ; and in particular, that you do immediately transmit to their lordships, certificates under your hand and seal of office, containing an account of every mill or engine for slitting and rolling of iron ; and every plating forge to work with a tilt hammer; and every furnace for making steel, at the time of the commencement of this aet, erected in your government ; expressing also, in the said certificate such of them as are used ; and the name of the proprietor or proprietors of each such mill, engine, forge and furnace; and the place where each such mill, engine, forge and furnace is erected ; and the number of engines, forges and furnaces in your government.
And you are to take especial care, that if after the time limited by the said aet, any mill or other engine for slitting or rolling of iron, or any plating forge to work with a tilt hammer, or any furnace for making steel, shall be erected or continued within your government, you do cause the same to be abated within the time and in the manner prescribed by the said aet. T. H.
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work with a tilt hammer, or any furnace for making steel, as mentioned and expressed in said act.
And therefore it is voted and resolved, that His Honor, the Governor, be, and he is hereby requested to inform the Right Honorable and Honorable, the Lords Commissioners for Trade and Plantations, of the same, as soon as conveniently may be.
Whereas, the committee, that was appointed to form the draught of a letter to be sent from this government, to Mr. Agent Partridge, have performed that service, and presented this Assembly with one ;-
Which being duly considered, this Assembly do approve thereof; and thereupon it is voted and resolved, that a fair copy of the same be drawn, to be signed by His Honor, the Governor, and sent to the agent by the first good opportunity.
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