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 29
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Governor Greene to Richard Partridge, Agent for Rhode Island, in London.
Newport, December 4, 1750.
Sir :- The General Assembly of this colony, having been informed that some small number of the inhabitants have lately sent a petition to the King ; but as the petitioners sent it away, without ever communicating the contents of it to any in authority here, it is not certainly known what they pray for, or what their design in it is ; however, the common report here is, that they ask that some alteration may be made in the form of the government of this colony, by procuring a negative to be put on the acts of government, made by the General Assembly.
And as the General Assembly are apprehensive, that if what they ask for, or any thing like it be obtained, it will utterly overthrow the valuable liberties and privi- leges this colony have hitherto enjoyed, and which they think they have still a right by their charter, to continue in the possession of, not knowing of any pro- ceedings that have been had in this colony, which could occasion so unnatural a prayer from some of their own brethren, or so far provoke a gracious King, as to grant the petition of the betrayers of their country's liberties.
By the directions of the General Assembly, I therefore write this, to desire you to make diligent inquiry after the aforesaid petition, and to use all means in your power, to prevent (if possible) its ever being laid before the King. But if that cannot be done, then to oppose any thing being done, in consequence of it, to the prejudice of the colony.
And I am further to desire you, to procure a copy of the petition, with the peti- tioners' names, and transmit to the Governor of this colony, by the first opportu- nity ; and also to signify, if there be any thing necessary for the General Assembly to do further in this affair.
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RECORDS OF THE COLONY OF RHODE ISLAND
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If there should be another bill in Parliament this session, against our paper cur- rency, you are also desired to make all proper defence against any such bill or bills that may in any measure have a tendency to infringe on our charter privileges.
As your labors hitherto, in the affairs of this colony, have been crowned with success, the General Assembly hope your care and prudence will bring this also to a happy issue.
I salute you in the name of the council, and house of representatives,
And am, with much respect, sir, Your humble servant, WILLIAM GREENE.
To Richard Partridge, Esq.
Whereas, this Assembly, at their session in Providence, the last Wednesday of October last, made and passed an act, enti- tled " An act in addition to an act of the General Assembly, made and passed on the 17th day of February, A. D. 1746, entitled ' An act for regulating appeals to His Majesty in coun- cil, in Great Britain, and for repealing the former act made for that purpose ;'" part of which act last made, is expressed in terms so general, that it may be construed to look back, and take effect in actions brought before said aet was passed ; this Assembly, therefore, having taken the matter into considera- tion, ---
Do vote, resolve and declare, and it is voted, resolved and declared, that it was not their intent, meaning or design, when they voted and passed the said act last made, that the same should retrospect, nor shall it retrospeet, or take effect in any action, the original writ whereof bears date before the said act last passed was voted and passed ; any thing therein con- tained to the contrary, notwithstanding.
Whereas, Thomas Relph, Jr., of Scituate, in the county of Providence, in behalf of himself and company, represented unto this Assembly, that they went out to hunt wolves ; and on the 16th day of November last, he, the said Relph, shot at a black- ish colored wolf, in Scituate, aforesaid, but did not follow him ; afterwards, such a wolf was found dead, which they apprehend to be the same that said Relph shot at ; but not having the proof by law required, to entitle them to the bounty, he prayed to have the same allowance out of the general treasury, as he should have. were the wolf killed in sight ; and this Assembly
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having taken the subject matter of the said petition into consid- eration, and made due inquiry into the truth thereof,-
Do vote and resolve, and it is voted and resolved, that the said petition is hereby granted.
It is voted and resolved, that His Honor, the Deputy Gov- ernor, Benjamin Tucker, James Honeyman, and Immanuel Northup, Esqs., Messrs. Benjamin Peckham, Jr. and Joseph Lippitt, be, and they, or the major part of them, are hereby constituted a committee, to take the affair of the paper curren- cy into consideration, and present a bill or bills to this Assem- bly, at their next session.
God save the King.
[The following Public Laws, passed during the year 1750, are printed at length in the volume of public laws, published in the year 1767, unless repealed previous to that time.]
An Act providing that in case of fire breaking out in the town of Newport, and for the more speedy extinguishing thereof, and for preserving goods endangered thereby. (May.)
An Act to prevent delays in the several courts of trials in this colony. (June.)
An Act relating to the taking of bail in civil actions. (June.)
An Act explaining, altering and amending " An aet for establishing and regulating of fees." (June.)
An Act for the assessing of persons who are not the proper inhabitants of any town in this colony, that shall sell or dispose of any goods or merchandize within the same. (June.)
An Act to prevent the falling through of the near approaching superior court. of judicature, &e., in the county of Newport. ( August.)
An Act for raising the prices of ferriage at several ferries in this colony. (October.)
An Aet ascertaining the number of jurors to be sent by the towns in the county of Kent, to the several courts in that county. (October.)
An Act for setting up a lottery, to raise a sum of money, in order to build a bridge over Pawtucket river, between the towns of Smithfield and Cumberland. (December.)
An Act establishing and appointing the quota of jurors to be sent by the several towns in the county of Providence, to the future courts within the same. (De- cember.)
An Act to naturalize Joseph Antunes, merchant, of Newport, late a subject of the King of Portugal. (December.)
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Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, the third Monday of March, 1750-51.
The Hon. William Greene, Governor. The Hon. Robert Haszard, Deputy Governor.
With the assistants and deputies from the several towns.
[An act was passed at this session, for promoting the raising of flax and wool, and for the manufacturing of the same into eloth ; also for the encouragement of the whale and cod fishery ; for which purpose, the same aet authorized an emission of £ 25,000 in bills of publie eredit. The preamble to the aet is as follows :
" Whereas, it is conceived, that giving a proper encouragement for the raising of flax and wool, and manufacturing the same into cloth, will greatly conduee to pro- mote frugality and industry ; and as a consequence whereof, it may justly be ex- pected, that the vacant lands within this colony, now unimproved and lying waste (occasioned in some measure by the late long and tedious war), may be greatly im- proved to the advantage and interest of His Majesty's subjects, the inhabitants of this colony ; and they under such better circumstances, be therefore enabled, in case of another war, not only to defend and protect themselves, &c., but also greatly to distress and annoy His Majesty's enemies in these parts.
And whereas, the carrying on the whale and cod fishery within this colony, will not only much promote and increase the trade and commerce thereof; but amongst other things, may be very beneficial to merchants and others, trading to Great Britain, by furnishing them with proper remittances for the payment of such goods and merchandise as the inhabitants of this colony, may from time to time, stand in need of from thenee ; it is therefore conceived, that a proper premium or bounty may be necessary, as an encouragement for the purpose aforesaid.
And whereas, the colony hath been at great and expensive costs and charge in putting themselve in a position of defence in the late war, and that the treasury is thereby near exhausted, and no fund therein sufficient or adequate to answer suel good, useful and beneficial ends and purposes as are designed and intended by this act, it is apprehended therefore, that there is a necessity of making and emitting the sum of $25,000 in bills of public credit, of the tenor and form hereafter ex- pressed.
And whereas, it hath been found by said experience, that one great and principal cause of the depreciation of the bills of public eredit already emitted, hath been owing to the indirect and illegal practices of sundry persons giving and offering from time to time for gold, and silver, and bills of exchange, for sterling money, greater and larger sums and proportions of the bills of public credit of this colony, than was provided for, stated and allowed for such silver and gold at the respective times the several emissions were made ; and which not only sunk in value such bills of public
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credit, to the injury and oppression of many poor widows, orphans, and others, but thereby the gold and silver hath been drawn and carried out of this colony, to the great discouragement and prejudice of trade and commerce ; and which practices are still carrying on ; it is therefore conceived of the highest importance, that such evil practices for the future be restrained."
The following was the form of these bills of credit :
" By a law of the colony of Rhode Island, &c., made and passed the third Mon- day of March, A. D. 1750, this bill of due to the possessor thereof, from the colony, shall pass current, and be equivalent to the respective proportions of silver and gold, as are regulated and stated in said act, and shall be accordingly accepted by the treasurer of said colony, and the receiver thereof in all payments. Providence, March the 18th, 1750.
Death to counterfeit this bill."
This act provided that these bills of credit should be equivalent to silver at the rate of 6s. 9d. per ounce of sterling alloy ; or gold coin at £5 1s. Gd. per ounce ; every 6s. 9d. of which bills, shall be equal to 54s. of the old tenor. They were then to be put into the hands of trustees of the several towns, and by them let out upon loan, at the rate of six per cent. per annum, for the space of five years, to be se- cured by mortgages on land double the value of the money loaned.
The bounty on cloth, manufactured of wool or flax, of a certain texture and length, was one-third its appraised value; that on every pound of cured and dressed flax, one penny a pound. Besides these, the manufacturers were to be ex- empt from taxation and all public duties. The bounty allowed on every barrel of whale oil, was four shillings ; on every pound of whale-bone, one shilling, and on every quintal of codfish, 23. 6d.
At the June session, following, another act was passed, " explaining, amending and repealing" certain portions of this act. The preamble declared that the bounty provided for manufactured goods of wool, " may draw the displeasure of Great Britain upon us, as it will interfere with their most favorite manufactory, while that on flax, and the fisheries, have been already tried and not been found beneficial." These bounties, were therefore repealed.
The portion of the act which regulated the value of the bills of credit, was also amended, so that it should stand that sixty-four shillings of the old tenor bills, and sixteen shillings of bills of the new tenor, should be equal to the ounce of silver. This money was then to be loaned at the rate of five per cent. (instead of six as be- fore provided), for the term of ten years. A change was also made in the form of the bills. The following protest was then made to the amendments in the new law :
" We, the subscribers, do dissent from the alterations in this bill proposed, and do protest against them, for the following reasons :
1. Because we are of opinion the committee have greatly exceeded their power, and made alterations which were never voted, or even so much as demanded in this house.
2. Because we are of opinion the alterations so made, are material and essen- tial, relating to the very form and denomination of the bills, and so entirely differ- ent from the act passed in March last, that the bills which are to be emitted,
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cannot with any truth, be said to be emitted by an act made and passed at that time.
3. Because the other alterations in this bill proposed, have a natural tendeney to depreciate, not only the bills that are to be emitted, but also all the bills of this colony that are now outstanding, and must, in our opinion, unavoidably produee that effect.
4. Because by these alterations, Gs. 9d. are made to be equal to 16s., and must be so received in all payments made in this colony, with the bills now proposed to be emitted, if said alterations are passed as a law of this government.
PETER BOURS, EDWARD SCOTT."]
The committee that were appointed to sell the bills of ex- change drawn by His Honor, the Governor, in consequence of an act of the General Assembly, upon Mr. Agent Partridge, having performed that service, made the following report, to wit:
" Newport, March 16, 1750-1.
To the Honorable General Assembly :- Whereas, an act of this Assembly, directed His Honor, the Governor, to draw bills of exchange on Mr. Richard Partridge, of London, agent for this colony, for £1,742 6s. 10d., sterling, and appointed us, the subscribers, a committee, to sell said bills of exchange, for bills of credit emitted by this colony ;*-
In obedience to said act, we have disposed of bills drawn on said Partridge, to the amount of the aforesaid sum, payable at twenty days' sight, for bills of credit of this colony, at eleven hundred per cent. ; and are, gentlemen,
Your most humble servants,
GEORGE WANTON, PETER BOURS,
DANIEL JENCKES, THOMAS CRANSTON."
An Act to prevent all persons keeping house within this colo- ny, from entertaining Indian, negro or mulatto servants or slaves .;-
* This £1, 742 6s. 10d., sterling, at eleven hundred per cent., was in old tenor equal to £20,908 28. 0d.
t This act provided that no Indian, mulatto or negro servant or slave, may pre-
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It is voted and resolved, that George Wanton and Peter Bours, Esqs., together with Messrs. Joseph Harrison and Matthew Robinson, be, and they, or the major part of them, are hereby appointed a committee to make the draught of a letter, respecting the northern boundary line of this colony, to the Province of the Massachusetts Bay, and present the same to this Assembly at their next session.
It is voted and resolved, that the £25,000 in bills of credit, by this Assembly ordered to be emitted, be proportioned to the several towns, as followeth, to wit :
S.
£ s.
Newport 2,750 00
Jamestown
501 15
Providence 2,750 00
Charlestown 475 00
Portsmouth 1,378 15
West Greenwich. 546 05
Warwick 1,197 00
Coventry
447 10
Westerly 1,450 00
Exeter . 725 00
New Shoreham 415 00
Middletown
745 00
North Kingstown . . 1,725 00
Bristol 872 10
South Kingstown . . 2,350 00
Tiverton 700 00
East Greenwich .. 625 00
Little Compton 837 10
Smithfield 1,395 00
Warren
575 00
Scituate. 860 00
Cumberland 517 10
Glocester 788 15
Richmond 372 10
And it is further voted and resolved, that the committee men for the several towns, take for each of the mortgages and bonds in these bills, one half of the sum allowed to the committees who let out the last bank, and 1s. 3d. of the same bills, for every right which shall be transferred; and that no one person take out of said bills, more than £37 10s., or less than £3.
And it is further voted and resolved, that the grand commit-
sume to be absent from the family whereto he or she shall respectively belong, or be found abroad in the night time, after 9 o'clock, unless it be upon some errand for his or her respective master or mistress, or owner. The act also prohibited all traffic with any servant or slave.
VOL. V. 41
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RECORDS OF THE COLONY OF RHODE ISLAND [1751.
tee purchase plates for the colony, and get them engraved after the best manner they can ; and that the bills be printed on the back ; and such other devices used, as the grand committee shall think needful, to prevent the counterfeiting of said bills ; thatthe said committee procure paper for impressing said bills, draw money out of the general treasury for that end, and get them impressed ; that the grand committee, or any three of them, shall sign said bills ; and that when and as soon as the said bills shall be impressed, the plates shall be delivered to His Honor, the Governor.
Whereas, there is an act of Assembly, which among other things, directs the choosing of town committee men, annually, and this Assembly having taken the same into considera- tion,-
Do vote and resolve, and it is voted and resolved, that that part of said act that directs the choosing the said towns' com- mittee men annually, be, and the same is hereby repealed.
Whereas, Jonathan Randall, Richard Steere and Thomas Lapham, Esqs., Capt. Joseph Harrison and Mr. William Robin- son, were by the General Assembly, at their session, held in Newport, on the first Wednesday of May last, appointed com- missioners to run and settle the northern boundary line of this colony, according to the royal charter, &c .; and the aforemen- tioned gentlemen having assumed that province, and performed that business, made report as follows, to wit :
Report of the Commissioners on the Northern Boundary Line.
Colony of Rhode Island, &c. To the Honorable General Assembly, to sit at Provi- dence, in for the said colony, on the third Monday in March, 1750 :
Whereas, this Honorable Assembly, at their session in Newport, in for said colo- ny, on the first Wednesday of May last past, did, by an act of Assembly, constitute and appoint us, the subscribers, a committee, and invested us with full power and authority, to run and settle the northern boundary line of this colony, according to the royal charter, granted by King Charles the Second, in the year of our Lord, 1663 ; and also, to appoint times and places, when and where to meet commission- ers that were or should be appointed on the part of the Province of the Massachu- setts Bay, to appoint a surveyor or surveyors and chainmen, and in general to act and do all and every matter and thing for and concerning the aforesaid settle- ment of said line; and that in case no commissioners on the part of said Province, should and did on the first Tuesday of October, thence next after, or at any other time as should be agreed on to meet us, the said com-
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mittee, and agree to run and settle said line as aforesaid, then, and in that case, we or the major part of us, were thereby required to run and settle the said line ex parte, and to draw a plat of the land contained within said line ; and with our re- port to this Assembly, as by said act and His Honor, Governor Green's commis- sion for that purpose, reference being thereto had, will at large appear.
By virtue whereof, we, the said committee, do report, that on the second Tues- day of October last past, we repaired to Lieut. Pelatiah Man's, in Wrentham, where we expected to be met by a committee on the part of the Province of the Massarhu- setts Bay, agreeably to the notification of our meeting, then given by Matthew Robinson, one of our committee, to Col. John Chandler, who was then one of the committee, for said Province ; and after waiting two days for them, and no per- son appearing on the part of said Province, we entered upon the execution of our said commission ex parte.
We appointed a surveyor and chainmen, and before we attempted to run any line or lines, or make any survey, we thought it necessary to consult the charter of the colony, to find the said northern boundary line, whereby this government is thus bounded :
" And on the north or northerly, by the aforesaid south or southerly line of the Massachusetts colony or plantation ;" whereby we were referred to the Massachu- settts colony charter, which we find thus expressed : " All that part of New Eng- land, in America, aforesaid, which lies and extends between a great river there, commonly called Monomack, alias Merimack, a certain other river there, called Charles river, being in a bottom of a certain bay there, commonly called Matta- chusetts, alias Massachusetts, alias Massatusetts Bay ; and also, all and singular those lands and hereditaments whatsoever, lying within the space of three English miles on the south part of the said Charles river, or of any and every part thereof; and also, all and singular the lands and hereditaments whatsoever, lying and be- ing within the space of three English miles to the southward of the southernmost part of the said bay, called Massachusetts, alias Mattachusetts, alias Massatusetts Bay ; and also all those lands and hereditaments whatsoever, which lie and be within the space of three English miles to the northward of the said river called Monomack, alias Merimack ; or to the northward of any and every part thereof; and all lands and hereditaments, whatsoever, lying within the limits aforesaid, north and south, in latitude, and in breadth and in length and longitude, of and within all the breadth, aforesaid, throughout the main land there from the Atlantic and Western sea and ocean on the east part, to the south sea on the west part ;" which said charter having been vacated in 1684, we find that by the new charter granted by King William and Queen Mary, to the said Province, there is granted " all that part of New England, in America, lying and extending from the great river, commonly called Monomack, alias Merimack, on the north part, and from three miles north- ward of the said river, to the Atlantic or Western sea or ocean on the south part, and all the lands and hereditaments whatsoever, lying within the limits aforesaid, and extending as far as the outermost points or promontories of land called Cape Cod and Cape Mallabar, north and south, and in latitude, breadth, and in length and in longitude of and within all the breadth and compass aforesaid ; throughout the main land there, from the said Atlantic or Western sea and ocean on the east part, towards the South sea ; or westward, as far as our colonies of Rhode Island, Connecticut and the Narragansett country."
And upon comparing the words of the said charters together recited, as aforesaid,
-
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[1751.
it appeared, that the first thing necessary, was to find the southernmost part or parts of said Charles river ; in order whereto, wc surveyed the same, beginning on the 12th day of October, Anno Domini 1750, a little below the bridge, called the New Bridge, near Partridge's house; from hence the course of said river runs northward ; and also proceeded upwards so far as where Hopping Brook and Sec- ond Bridge river meet and form said Charles river, being at the corner of Hollis- town and Bellingham ; and having accurately planned the said survey with the vari- ous turnings and windings of the said river, we found the southernmost part there- of to be about four rods to the westward of the place where Mill Brook falls into said river, which is thirty-six poles south, thirty degrees west from the said bridge, called the New Bridge ; and from the said place or turning, where Mill Brook falls into said river, we measured accurately with two wooden poles, three English miles, dne south, which terminated upon a shrubby plain, in Wrentham, where we made a monument with a heap of stones, and set up a pine stake in said heap of stones. From whence, we run a due west line to where it intersects a due north line from Pawtucket Falls; which intersection is the north-east corner of this colo- ny, and is about fifty rods north-easterly from Robert Blake's house, in Wrentham ; and at the said north-east corner, we erected a monument, with a heap of stones at a pitch pine tree, then proceeded to run a due west line ; and in the running said course, we marked divers trees and made observations of particular and notable places, to know said line by, as follows :
Said line passed about sixty rods southward of Wrentham West Precinct meeting house, just touched the southernmost part of Thompson's river, alias Second Bridge river, in Bellingham ; passed about four foot to the northward of Uriah Thayer's barn, and eleven rods to the northward of William Thayer's house, in Mendon, and between Thomas Taft's house and barn, and four rods southward of Ebenezer Burt's house, and crossed the farm of Nathan Rosen, near his house, about fifty rods eastward of Blackstone's river ; then passed about fifteen rods northward of Samuel Read's barn, then to a remarkable pine tree, about one hundred rods to the south-east of David Draper's house, in Uxbridge, and passed about fourteen rods southward of Isaac Martin's house, in Douglass, and about ten rods northward of Jonathan Whceler's house, in Sutton, crossed Manchaug pond, where the brook runs out ; then crosses an arm of the said pond, and passes about five rods north- ward of Leonard's, in Douglas, then to the north-west corner, which is made by an intersection of the dividing line between Connecticut and this colony, which was continued, to make said corner, where we erected a monument of stones, near to a large white oak tree, which we marked.
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